Title 15Commerce and TradeRelease 119-73

§1355 Conditions precedent to acceptance of plans and programs for review and approval by Secretary

Title 15 › Chapter CHAPTER 37— - STATE TECHNICAL SERVICES › § 1355

Last updated Apr 6, 2026|Official source

Summary

The Secretary will not accept a State's five-year plan for review unless the Governor or someone the Governor chooses certifies that the plan fits the State's policies and goals. The Secretary also will not accept an annual technical services program unless the Governor or designee certifies several things: the State invited all qualified institutions to apply; the program is coordinated with other States and public activities in the State as needed; rules prevent state workers or participating institutions from getting extra pay or having private conflicts from these funds; matching funds are available from State or other non-Federal sources; the services are not already easily available from private providers in the State; the program does not give special services to one company or project except when the work benefits the wider industry or region; and all reports produced are made public or available at cost.

Full Legal Text

Title 15, §1355

Commerce and Trade — Source: USLM XML via OLRC

The Secretary shall not accept the five-year plan of a State for review and approval under this chapter unless the Governor of the State or his designee determines and certifies that the plan is consistent with State policies and objectives; and the Secretary shall not accept an annual technical services program for review and approval under this chapter unless the designated agency has, as certified thereto by the Governor or his designee—
(a)invited all qualified institutions in the State to submit proposals for providing technical services under the chapter;
(b)coordinated its programs with other States and with other publicly supported activities within the State, as appropriate;
(c)established adequate rules to insure that no officer or employee of the State, the designated agency, or any participating institution, shall receive compensation for technical services he performs, for which funds are provided under this chapter, from sources other than his employer, and shall not otherwise maintain any private interest in conflict with his public responsibility;
(d)determined that matching funds will be available from State or other non-Federal sources;
(e)determined that such technical services program does not provide a service which on the date of such certification is economically and readily available in such State from private technical services, professional consultants, or private institutions;
(f)planned no services specially related to a particular firm or company, public work, or other capital project except insofar as the services are of general concern to the industry and commerce of the community, State, or region;
(g)provided for making public all reports prepared in the course of furnishing technical services supported under this chapter or for making them available at cost to any person on request.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1355

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73