Title 15, Commerce and TradeRelease 119-102

§1355 Conditions Precedent to Acceptance of Plans and Programs for Review and Approval by Secretary

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

Last updated Aug 21, 2026|Official source

Summary

The Secretary will not accept a State’s five-year plan for review and approval unless the Governor or the Governor’s designee 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 certifies that the State agency chosen for the program meets certain conditions. Those conditions say the agency invited all qualified institutions to bid; coordinated with other States and public programs; set rules to prevent outside pay and private conflicts for staff; has matching non-Federal funds; showed the services are not already readily available privately; won’t do work just for one company unless it helps the whole industry or region; and will make reports public or available for a 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 15, Commerce and Trade

Last Updated

Aug 21, 2026

Release point: 119-102