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§ 2. Power and duties
‘‘(a) The Organization, under the policy direction of
the Under Secretary of Commerce for Intellectual Prop-
erty with respect to patents and trademarks, shall have
the powers to carry out the functions and duties that are
authorized by law with respect to—
‘‘(1) the examination of patent and trademark
applications;
‘‘(2) carrying on studies, programs, or ex-
changes of items or services regarding domestic and
international patent and trademark law or the ad-
ministration of the Organization, or any other mat-
ter included in the organic acts for which the Orga-
nization is responsible; and
‘‘(3) carrying on programs and studies coopera-
tively with foreign patent and trademark offices and
international intergovernmental organizations or au-
thorizing such programs and studies to be carried
on, in connection with the examination of patent and
trademark applications.
‘‘(b) In order to accomplish the purposes of this Act,
the Organization—
‘‘(1) shall have perpetual succession unless dis-
solved by Act of Congress;
‘‘(2) shall adopt and use a corporate seal, which
shall be judicially noticed;
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‘‘(3) may sue and be sued in its corporate
name;
‘‘(4) may indemnify the Chief Executive Officer,
officers, attorneys, agents and employees of the Or-
ganization for liabilities and expenses incurred with-
in the scope of their employment;
‘‘(5) may adopt, amend, and repeal bylaws,
rules, and regulations, governing the manner in
which its business will be conducted and the power
granted to it by law will be exercised;
‘‘(6) if it is determined by the Administrator of
General Services and the Secretary of Commerce
that the Organization can acquire real property
more cost effectively for the Organization than the
General Services Administration, may acquire, con-
struct, purchase, lease, hold, manage, operate, and
alter any property real, personal, or mixed, or any
interest therein, as it deems necessary in the trans-
action of its business, and sell, lease, grant, and dis-
pose of such property, as it deems necessary to ef-
fectuate the purposes of this title, for periods of time
or for terms that the Organization deems necessary,
without regard to the provisions of the Federal
Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.), as amended, the Public
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Buildings Act of 1959, as amended (40 U.S.C. 601
et seq.), the McKinney Act (42 U.S.C. 11411–12),
and section 759 of title 40 (the ‘‘Brooks Act’’) (40
U.S.C. 759, as amended: Provided, That if the Ad-
ministrator undertakes such activities on behalf of
the Organization, the Administrator shall have the
authority to charge the Organization for the actual
cost of undertaking these activities, but the Adminis-
trator shall exempt the Organization from paying
the approximate commercial charges provided for in
subsection 490(j) of title 40: Provided further, That
the Chief Executive Officer shall develop a results-
oriented acquisition and property disposal process
that must include quantitative and qualitative meas-
ures and standards for evaluating (1) the cost effec-
tiveness of the acquisition process and (2) the extent
to which the acquisition of goods and services cost
effectively satisfy the needs for which the items were
acquired. The process shall be consistent with the
principles of impartiality and competitiveness;
‘‘(7)(A) may make purchases, contracts for the
construction, alteration, maintenance, or manage-
ment and operation of facilities and contracts for the
supplies or services, except personal services, after
advertising, in such manner and at such times suffi-
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ciently in advance of opening bids, as the Organiza-
tion shall determine to be adequate to insure notice
and an opportunity for competition: Provided, That
advertising shall not be required when the Organiza-
tion determines that the making of any such pur-
chase or contract without advertising is necessary in
the interest of furthering the purposes of this title,
or that advertising is not reasonably practicable;
‘‘(B) may enter into and perform such pur-
chases and contracts for printing services, to include
the process of composition, platemaking, presswork,
silk screen processes, binding, microform, and the
end items of such processes, as it deems necessary
to effectuate the functions of the Organization, with-
out regard to sections 501 through 517 and 1101
through 1123 of title 44;
‘‘(C) Notwithstanding subparagraphs (A) and
(B) above, procurement procedures, including those
related to advertising, shall be applied consistent
with all obligations under international agreements
on government procurement to which the United
States is a signatory. The Organization shall issue
internal guidelines, as appropriate, to ensure consist-
ency with such obligations;
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‘‘(8) may use, with their consent, services,
equipment, personnel, and facilities of other civilian
or military agencies and instrumentalities of the
Federal Government, on a reimbursable basis, and,
on a similar basis, to cooperate with such other
agencies and instrumentalities in the establishment
and use of services, equipment, and facilities of the
Organization;
‘‘(9) may obtain from the Administrator of the
General Services Administration such services as he
or she is authorized to provide to agencies of the
United States, on the same basis as those services
are provided to other agencies of the United States;
‘‘(10) may use, with the consent of the agency,
government, or organization concerned, the services,
records, facilities, or personnel of any State or local
government agency or instrumentality or foreign
government or international organization to perform
necessary functions on the Organization’s behalf;
‘‘(11) may enter into and perform such con-
tracts, leases, cooperative agreements, or other
transactions with international, foreign and domestic
public agencies and private organizations and per-
sons as needed in the conduct of its business and on