[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR1180.7]



[Page 430]

 

                  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.