[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR1180.7]

[Page 410]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
      CHAPTER XI--TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 1180_TRANSFER BY FEDERAL AGENCIES OF SCIENTIFIC, TECHNICAL AND ENGINEERING 
INFORMATION TO THE NATIONAL TECHNICAL INFORMATION SERVICE--Table of Contents
 
Sec. 1180.7  Exceptions.

    (a) An agency shall not be required to take any further action to 
submit a copy of a final STEI product to NTIS or one of its affiliates 
if--
    (1) It has designated NTIS to receive a single copy of each STEI 
product once it has been produced, has made the arrangements specified 
in Sec. 1180.6, if appropriate, and has made arrangements to receive 
appropriate certification from a contractor, grantee or other external 
performer of federally funded research that a copy has been sent to NTIS 
or one of its affiliates within the appropriate time period pursuant to 
obligations incurred in the applicable funding agreement (see Appendix 
to this part) or pursuant to such other system as the agency has 
established to ensure timely transfer;
    (2) The agency and the Director have executed an appropriate 
agreement or memorandum of understanding establishing an alternative 
system for compliance; or
    (3) The federally funded STEI is protected by copyright for which no 
license has been reserved to the Government that would allow 
distribution by NTIS;
    (4) The product is an agency generated article that is published in 
a privately produced journal; or
    (5) The agency and the Director, pursuant to paragraph (b) of this 
section, have agreed that the transfer of a product otherwise covered by 
these regulations would not be appropriate.
    (b) An agency and the Director shall be deemed to be in agreement 
within the meaning of paragraph (a)(3) of this section if the Director 
has not objected within 30 days to an agency's written notification of 
its determination that timely transfer of a product or category of 
products would not be appropriate under section 108 of the American 
Technology Preeminence Act. Examples of inappropriate transfers include:
    (1) Transfers that could cause significant harm to an agency's 
existing dissemination program that is operating on a cost recovery 
basis, is operating in compliance with the policies described by OMB 
Circular A-130, and for which special arrangements that would permit 
supplemental distribution by NTIS cannot be negotiated.
    (2) Federally funded STEI that has received, or is likely to 
receive, widespread distribution to most potential users at no charge.