Sec. 3. National Technical Information Service
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Effective on the date that is 1 year after the date of the enactment of this Act, the National Technical Information Act of 1988 (subtitle B of title II of Public Law 100–519 ; 15 U.S.C. 3704b ) is repealed. The Secretary of Commerce, the Archivist of the United States, and the Comptroller General of the United States shall consult with the Director of the Office of Management and Budget to determine if any activity or function of the National Technical Information Service— is critical to the national economy; and is not being carried out by— any other agency or instrumentality of the Federal Government; or a contractor of the Federal Government.
Before the effective date set forth in subsection (a), the Secretary of Commerce is authorized to transfer the responsibility for any NTIS activity or function that is critical to the national economy and not otherwise being carried out (as determined under paragraph (1)) to another office within the Department of Commerce. Before transferring any activity or function pursuant to subparagraph (A), the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Energy and Commerce of the House of Representatives , the Committee on Oversight and Government Reform of the House of Representatives that— identifies the activities or functions that will be transferred; and provides the rationale for determining that such activities or functions are critical to the national economy.
As used in this subsection, an activity or function that is critical to the national economy promotes the economic growth of the United States by providing access to information that stimulates innovation and discovery. The Secretary of Commerce is authorized to continue to maintain a permanent repository of nonclassified scientific, technical, and engineering information that contains reports that are scientific, technical, or engineering in nature. All Federal entities shall send electronic copies of all nonclassified scientific, technical, and engineering reports and information to the Department of Commerce for inclusion in the repository referred to in paragraph (1).
If any Federal entity regularly fails to comply with the requirement under subparagraph (A), the Secretary of Commerce shall notify— the Committee on Commerce, Science, and Transportation of the Senate ; and the Committee on Energy and Commerce of the House of Representatives . The repository referred to in paragraph
(1)and any document therein shall be publicly available and searchable, including bibliographic information, in a format that is useful to American industry, business, libraries, and research institutions. The Secretary shall provide digital copies of any document in the repository referred to in paragraph
(1)to the public free of charge. There is authorized to be appropriated such sums as may be necessary to maintain the repository referred to in paragraph (1). The Secretary of Commerce shall continue to make selected bibliographic information products available in a timely manner to depository libraries as part of the Depository Library Program of the Government Publishing Office. The Secretary of Commerce shall utilize available technology to ensure that the Department of Commerce is collecting all nonclassified scientific, technical, and engineering information to the best of its ability.
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- Pub. L. 100-519
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