Number: DOO 30-2A

SECTION 1.  PURPOSE.

.01          This Order delegates authority to the Under Secretary of Commerce for Standards and Technology and Director, National Institute of Standards and Technology (Under Secretary and Director), and prescribes the functions of the National Institute of Standards and Technology (NIST).

.02          This revision:  acknowledges the establishment of the Under Secretary of Commerce of Standards and Technology as authorized by the National Institute of Standards and Technology Authorization Act of 2010 (Public Law 111-358, Title IV); acknowledges the establishment of the positions of Associate Director for Laboratory Programs, the Associate Director for Industry and Innovation Services, and the Associate Director for Management Resources; acknowledges the establishment of a line of succession in the event of the absence or disability of the Under Secretary and Director; removes an expired delegation of authority related to site security; delegates authority to carry out a program to award prizes competitively to stimulate innovation that has the potential to advance NIST’s mission in accordance with Section 105 of the America COMPETES Reauthorization Act of 2010 (Public Law 111-358); and updates the functions of NIST to reflect current authorities.

SECTION 2.  STATUS AND LINE OF AUTHORITY.

.01          The National Institute of Standards and Technology, established by Act of March 3, 1901 (31 Stat. 1449, 15 U.S.C. 271), is continued as a primary operating unit of the Department of Commerce (the Department).

.02          The Under Secretary and Director, who is appointed by the President, by and with the advice and consent of the Senate, shall serve as the head of NIST and supervise its programs and activities.  In addition, the Under Secretary and Director manages and supervises the organizational unit specified in Section 5 of this Order.  The Under Secretary shall report and be responsible to the Secretary.  The Under Secretary and Director is assisted by three Associate Directors:   the Associate Director for Laboratory Programs; the Associate Director for Industry and Innovation Services; and the Associate Director for Management Resources.

.03       The Associate Director for Laboratory Programs shall perform the functions and duties of the Under Secretary and Director in the event the Under Secretary and Director is unable to perform his or her duties or during a vacancy in the office.

SECTION 3.  DELEGATION OF AUTHORITY.

.01          Pursuant to authority vested in the Secretary by law (including Reorganization Plan No. 3 of 1946, No. 5 of 1950, No. 2 of 1965, and No. 1 of 1977), and subject to such policies and directives as the Secretary may prescribe, the Director is hereby delegated the authority to perform the functions vested in the Secretary by the following Chapters of Title 15 U.S.C.:

a.        Chapter 6 (Weights and Measures and Standard Time);

b.        Chapter 7 (The National Institute of Standards and Technology);

c.        Chapter 7A (Standard Reference Data Program); and

d.       Chapter 39 (Fair Packaging and Labeling Program) except that authority to submit reports to the Congress concerning non-adoption or failure to observe voluntary product standards, pursuant to section 1454(e) is reserved to the Secretary.

.02      The Under Secretary and Director is further delegated the authority to perform the following functions of the Secretary:

a.        Interpret or modify for the United States the International System of Units and carry out activities to increase the development of standards and products in the metric system pursuant to the Metric Conversion Act of 1975 (15 U.S.C. 205a et seq.), and in accordance with Section 5164 of the Omnibus Trade and Competitiveness Act of 1988 (P.L. 100-419) coordinate Federal agency plans for using the metric system in procurements, grants, and other business-related activities;

b.        Establish the technical office required by Title IV (section 412) of the Trade Agreements Act of 1979 (19 U.S.C. 2542(a)(1)) and perform other functions implementing Title IV of that statute, in coordination with the Under Secretary for International Trade, including those functions relating to working with domestic parties interested in standards-related activities, providing technical assistance, obtaining and providing information on standards-related activities, ensuring adequate representation of U.S. interests in international standards-related activities; and coordinating technical work for negotiation of agreements regarding reciprocal acceptance of testing and certification;

c.         Enter into contracts, grants, and cooperative agreements or similar arrangements for the conduct of basic or applied research pursuant to the Federal Property and Administrative Services Act of 1949, as amended (404 U.S.C. 251 et seq.), Title 41 U.S.C., Public Contracts,) and specific grant programs authorized by law (e.g., 15 U.S.C. 3706; 19 U.S.C. 2545);

d.       Participate in the development and use of voluntary standards under Circular A-119 of the Office of Management and Budget, including any revisions or reissuances thereof except that the function of submitting any annual report required by the Circular is reserved to the Secretary.

e.        Analyze, plan, coordinate, report, and exercise general oversight of technology transfer
responsibilities under Section 5 of the Federal Technology Transfer Act of 1986 (15 U.S.C. 3710(g)) and Executive Order (E.O.) 12591 of April 10, 1987, including the provision of services to federal agencies for the commercialization of technology developed at federal laboratories, monitoring of agency use of cooperative agreements as a means of transferring federally-funded technology to the private sector, and the preparation of related reports;

f.        Authorities and responsibilities under Sections 5, 7, and 8 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704, 3705, and 3706);

g.        Functions relating to the promulgation of regulations pertaining to the ownership of inventions made with federal funding, the licensing of inventions owned by the Federal Government, and the ownership of inventions made by federal employees under Section 6(a) of the Bayh-Dole Act (35 U.S.C. 206-209) and E.O. 10096, as amended by E.O. 10930;

h.        Functions relating to communications with the Department of State on behalf of the Department regarding international science and technology agreements and negotiations under Section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979, as amended (22 U.S.C. 2656d(a));

i.         Functions pertaining to the safety marking of toy, look-alike, and imitation firearms under
Section 4 of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001) and Part 272 of Title 15 of the Code of Federal Regulations.

j.         Functions relating to carrying out a program to award prizes competitively to stimulate innovation that has the potential to advance NIST’s mission in accordance with Section 105 of the America COMPETES Reauthorization Act of 2010 (Pub. L. 111-358, codified at 15 U.S.C. 3719).

k.        Approval of Partnership Intermediary Agreements entered into by NIST pursuant to Section 217(f) of the National Defense Authorization Act for Fiscal Year 1995, as amended (15 U.S.C. 3715).

l.         Functions relating to the establishment of a program, jointly with the Secretary of Energy and the Director of the National Science Foundation, to foster the exchange of scientific and technical personnel among academia, industry, and Federal laboratories, including the promulgation of regulations governing the program, pursuant to Section 13 of the Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3712).

.03      The Under Secretary and Director may issue regulations necessary to carry out the functions and responsibilities assigned under this Order.

.04      The Under Secretary and Director may exercise other authorities of the Secretary necessary to perform the functions and responsibilities assigned under this Order.

.05      The Under Secretary and Director may redelegate the authority prescribed in this Order to any employee of NIST subject to such conditions in the exercise of that authority as the Under Secretary and Director may prescribe.

SECTION 4.  NIST AUTHORITY.

.01      NIST shall perform functions authorized by the NIST Act, as amended (15 U.S.C. 271 et seq.).

.02      NIST shall operate the National Voluntary Laboratory Accreditation Program, as authorized by 15 U.S.C. 272(c)(22) and defined under 15 CFR 285;

.03      NIST shall perform functions related to the certification of fastener quality assurance systems, manufacturing systems and accreditation of laboratories that test fasteners pursuant to the Fastener Quality Act (15 U.S.C. 5401 et seq.);

.04      NIST shall serve as a general point of contact and communication for the Department with the scientific and engineering communities, both national and international;

.05      NIST shall perform functions pursuant to the National Construction Safety Team Act (15 U.S.C. 7301 et seq.);

.06      NIST shall perform functions pursuant to the National Earthquake Hazards Reduction Act, as amended (42 U.S.C. 7701 et seq.);

.07      NIST shall perform functions pursuant to the Fire Safe Cigarette Act of 1990 (P.L. 101-352, (15 U.S.C. 2054 note);

.08      NIST shall serve as a member of the Interagency Coordinating Committee on Oil Pollution Research (33 U.S.C. 2761);

.09      NIST shall serve on the advisory board on DNA quality assurance methods (42 U.S.C.14131);

.10      NIST shall conduct basic and applied measurement research needed to support various high-performance computing systems and networks; develop and propose standards and guidelines, and develop measurement techniques and test methods, for the interoperability of high-performance computing systems in networks and for common user interfaces to systems; and be responsible for developing benchmark tests and standards for high-performance computing systems and software pursuant to the High Performance Computing Act of 1991 (15 U.S.C. 5524);

.11      NIST shall make awards to small businesses as required by the Small Business Innovation Research Program (15 U.S.C. 638);

.12      NIST may enter into cooperative research and development agreements (CRADAs) pursuant to Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3710a);

.13      NIST shall retain and dispose of royalties or other payments received from the licensing and assignment of inventions made under CRADAs and from the licensing of its inventions pursuant to Section 14 of the Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3710c);

.14      NIST shall carry out functions related to the Malcolm Baldrige National Quality Award pursuant to 15 U.S.C. 3711a;

.15      NIST may support the Next Generation Internet program pursuant to Section 5 of the Next Generation Internet Research Act of 1998 (15 U.S.C. 5513);

.16      NIST shall perform functions pursuant to the Uniting and Strengthening America by Providing Appropriate Tolls Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (8 U.S.C. 1379);

.17      NIST shall carry out functions pursuant to the Help America Vote Act of 2002 (Title 42 U.S.C. 15361, 15371, 15383, 15441, 15451);

.18      NIST shall conduct basic research on issues related to the development and manufacture of nanotechnology, including metrology, reliability and quality assurance; processes control; and manufacturing best practices and utilize the Manufacturing Extension Partnership program to the extent possible to ensure that the research reaches small and medium-sized manufacturing companies (15 U.S.C. 7506);

.19      NIST shall perform functions related to the Smart Grid Interoperability Framework pursuant to the Energy Independence and Security Act of 2007 (15 U.S.C. 17382, 17383, 17385);

.20      NIST, in consultation with the Administrator of the Environmental Protection Agency, shall support a research program to develop new methamphetamine detection technologies and appropriate standard reference materials and validation procedures for methamphetamine testing (42 U.S.C. § 9660 note); and

.21      NIST shall perform activities related to the Smart Grid and Health Information Technology as set forth in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).

SECTION 5.  UNITS REPORTING TO THE DIRECTOR OF THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The National Technical Information Service (DOO 30-7B).

SECTION 6. EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 30-2A, dated November 19, 2008.

Signed by: Secretary of Commerce