-CITE-
    15 USC CHAPTER 63 - TECHNOLOGY INNOVATION                   01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
                    CHAPTER 63 - TECHNOLOGY INNOVATION                

-MISC1-
    Sec.                                                     
    3701.       Findings.                                             
    3702.       Purpose.                                              
    3703.       Definitions.                                          
    3704.       Commerce and technological innovation.                
    3704a.      Clearinghouse for State and Local Initiatives on
                 Productivity, Technology, and Innovation.            
    3704b.      National Technical Information Service.               
    3704b-1.    Recovery of operating costs through fee collections.  
    3704b-2.    Transfer of Federal scientific and technical
                 information.                                         
    3705.       Cooperative Research Centers.                         
    3706.       Grants and cooperative agreements.                    
    3707.       National Science Foundation Cooperative Research
                 Centers.                                             
    3708.       Administrative arrangements.                          
    3709.       Repealed.                                             
    3710.       Utilization of Federal technology.                    
    3710a.      Cooperative research and development agreements.      
    3710b.      Rewards for scientific, engineering, and technical
                 personnel of Federal agencies.                       
    3710c.      Distribution of royalties received by Federal
                 agencies.                                            
    3710d.      Employee activities.                                  
    3711.       National Technology Medal.                            
    3711a.      Malcolm Baldrige National Quality Award.              
    3711b.      Conference on advanced automotive technologies.       
    3711c.      Advanced motor vehicle research award.                
    3712.       Personnel exchanges.                                  
    3713.       Authorization of appropriations.                      
    3714.       Spending authority.                                   
    3715.       Use of partnership intermediaries.                    
    3716.       Critical industries.                                  
    3717.       National Quality Council.                             

-End-

-CITE-
    15 USC Sec. 3701                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3701. Findings

-STATUTE-
      The Congress finds and declares that:
        (1) Technology and industrial innovation are central to the
      economic, environmental, and social well-being of citizens of the
      United States.
        (2) Technology and industrial innovation offer an improved
      standard of living, increased public and private sector
      productivity, creation of new industries and employment
      opportunities, improved public services and enhanced
      competitiveness of United States products in world markets.
        (3) Many new discoveries and advances in science occur in
      universities and Federal laboratories, while the application of
      this new knowledge to commercial and useful public purposes
      depends largely upon actions by business and labor. Cooperation
      among academia, Federal laboratories, labor, and industry, in
      such forms as technology transfer, personnel exchange, joint
      research projects, and others, should be renewed, expanded, and
      strengthened.
        (4) Small businesses have performed an important role in
      advancing industrial and technological innovation.
        (5) Industrial and technological innovation in the United
      States may be lagging when compared to historical patterns and
      other industrialized nations.
        (6) Increased industrial and technological innovation would
      reduce trade deficits, stabilize the dollar, increase
      productivity gains, increase employment, and stabilize prices.
        (7) Government antitrust, economic, trade, patent, procurement,
      regulatory, research and development, and tax policies have
      significant impacts upon industrial innovation and development of
      technology, but there is insufficient knowledge of their effects
      in particular sectors of the economy.
        (8) No comprehensive national policy exists to enhance
      technological innovation for commercial and public purposes.
      There is a need for such a policy, including a strong national
      policy supporting domestic technology transfer and utilization of
      the science and technology resources of the Federal Government.
        (9) It is in the national interest to promote the adaptation of
      technological innovations to State and local government uses.
      Technological innovations can improve services, reduce their
      costs, and increase productivity in State and local governments.
        (10) The Federal laboratories and other performers of federally
      funded research and development frequently provide scientific and
      technological developments of potential use to State and local
      governments and private industry. These developments, which
      include inventions, computer software, and training technologies,
      should be made accessible to those governments and industry.
      There is a need to provide means of access and to give adequate
      personnel and funding support to these means.
        (11) The Nation should give fuller recognition to individuals
      and companies which have made outstanding contributions to the
      promotion of technology or technological manpower for the
      improvement of the economic, environmental, or social well-being
      of the United States.

-SOURCE-
    (Pub. L. 96-480, Sec. 2, Oct. 21, 1980, 94 Stat. 2311; Pub. L. 99-
    502, Sec. 9(f)(1), Oct. 20, 1986, 100 Stat. 1797.)

-MISC1-
                                AMENDMENTS                            
      1986 - Par. (10). Pub. L. 99-502 inserted ", which include
    inventions, computer software, and training technologies,".

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-404, Sec. 1, Nov. 1, 2000, 114 Stat. 1742, provided
    that: "This Act [enacting section 7261c of Title 42, The Public
    Health and Welfare, amending sections 3703, 3704, 3707, 3710,
    3710a, 3710c, 3714, and 3715 of this title and sections 200, 202,
    207, and 209 of Title 35, Patents, and enacting provisions set out
    as notes under this section and section 3710a of this title] may be
    cited as the 'Technology Transfer Commercialization Act of 2000'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-113, Sec. 1, Mar. 7, 1996, 110 Stat. 775, provided
    that: "This Act [amending sections 272, 278, 278e, 278g-2, 3710,
    3710a, 3710c, 3710d, 5401, 5402, 5404 to 5406, 5408, 5409, and 5412
    of this title and section 210 of Title 35, Patents, repealing
    sections 5403 and 5413 of this title, and enacting provisions set
    out as notes under this section and sections 272 and 275 of this
    title] may be cited as the 'National Technology Transfer and
    Advancement Act of 1995'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-245, Sec. 1, Feb. 14, 1992, 106 Stat. 7, provided
    that: "This Act [enacting sections 1536, 3704b-1, 3704b-2, 3716,
    and 3717 of this title and section 6618 of Title 42, The Public
    Health and Welfare, amending sections 272, 278d, 278g, 278g-1,
    278k, 278n, 1453, 1454, 3703, 3704, 3704b, 3710, 3710a, 3711a,
    4603, 4603a, and 4632 of this title and section 6683 of Title 42,
    enacting provisions set out as notes under this section, sections
    271, 278f, 278n, and 1453 of this title, and section 6611 of Title
    42, and amending provisions set out as a note under section 278l of
    this title] may be cited as the 'American Technology Preeminence
    Act of 1991'."
      Pub. L. 102-245, title I, Sec. 101, Feb. 14, 1992, 106 Stat. 7,
    provided that: "This title [enacting sections 1536, 3704b-1, and
    3704b-2 of this title, amending sections 278d, 278g, 278g-1, 278k,
    1453, 1454, 4603, 4603a, and 4632 of this title, enacting
    provisions set out as notes under this section and sections 278f
    and 1453 of this title, and amending provisions set out as a note
    under section 278l of this title] may be cited as the 'Technology
    Administration Authorization Act of 1991'."

                       SHORT TITLE OF 1989 AMENDMENT                   
      Pub. L. 101-189, div. C, title XXXI, Sec. 3131, Nov. 29, 1989,
    103 Stat. 1674, provided that: "This part [part C (Secs. 3131-3133)
    of title XXXI of div. C of Pub. L. 101-189, amending sections 3710,
    3710a, and 3710c of this title and enacting provisions set out as
    notes under this section and section 3710a of this title] may be
    cited as the 'National Competitiveness Technology Transfer Act of
    1989'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-519, title II, Sec. 211, Oct. 24, 1988, 102 Stat.
    2594, provided that: "This subtitle [subtitle B (Secs. 211, 212) of
    title II of Pub. L. 100-519, enacting section 3704b of this title
    and amending section 3710 of this title] may be cited as the
    'National Technical Information Act of 1988'."

                       SHORT TITLE OF 1987 AMENDMENT                   
      Pub. L. 100-107, Sec. 1, Aug. 20, 1987, 101 Stat. 724, provided
    that: "This Act [enacting section 3711a of this title, amending
    section 3708 of this title, and enacting provisions set out as a
    note under section 3711a of this title] may be cited as the
    'Malcolm Baldrige National Quality Improvement Act of 1987'."

                      SHORT TITLE OF 1986 AMENDMENTS                  
      Section 1 of Pub. L. 99-502 provided that: "This Act [enacting
    sections 3710a to 3710d of this title, amending this section,
    sections 3702 to 3705, 3707, 3708, 3710 to 3710d, and 3711 to 3714
    of this title, and section 210 of Title 35, Patents, and repealing
    section 3709 of this title] may be cited as the 'Federal Technology
    Transfer Act of 1986'. "
      Pub. L. 99-382, Sec. 1, Aug. 14, 1986, 100 Stat. 811, provided:
    "That this Act [amending section 3704 of this title] may be cited
    as the 'Japanese Technical Literature Act of 1986'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 96-480 provided: "That this Act [enacting
    this chapter] may be cited as the 'Stevenson-Wydler Technology
    Innovation Act of 1980'."

                  CONGRESSIONAL FINDINGS; 2000 AMENDMENT              
      Pub. L. 106-404, Sec. 2, Nov. 1, 2000, 114 Stat. 1742, provided
    that: "The Congress finds that - 
        "(1) the importance of linking our unparalleled network of over
      700 Federal laboratories and our Nation's universities with
      United States industry continues to hold great promise for our
      future economic prosperity;
        "(2) the enactment of the Bayh-Dole Act [35 U.S.C. 200 et seq.]
      in 1980 was a landmark change in United States technology policy,
      and its success provides a framework for removing bureaucratic
      barriers and for simplifying the granting of licenses for
      inventions that are now in the Federal Government's patent
      portfolio;
        "(3) Congress has demonstrated a commitment over the past 2
      decades to fostering technology transfer from our Federal
      laboratories and to promoting public/private sector partnerships
      to enhance our international competitiveness;
        "(4) Federal technology transfer activities have strengthened
      the ability of United States industry to compete in the global
      marketplace; developed a new paradigm for greater collaboration
      among the scientific enterprises that conduct our Nation's
      research and development - government, industry, and
      universities; and improved the quality of life for the American
      people, from medicine to materials;
        "(5) the technology transfer process must be made 'industry
      friendly' for companies to be willing to invest the significant
      time and resources needed to develop new products, processes, and
      jobs using federally funded inventions; and
        "(6) Federal technology licensing procedures should balance the
      public policy needs of adequately protecting the rights of the
      public, encouraging companies to develop existing government
      inventions, and making the entire system of licensing government
      technologies more consistent and simple."

                  CONGRESSIONAL FINDINGS; 1996 AMENDMENT              
      Pub. L. 104-113, Sec. 2, Mar. 7, 1996, 110 Stat. 775, provided
    that: "The Congress finds the following:
        "(1) Bringing technology and industrial innovation to the
      marketplace is central to the economic, environmental, and social
      well-being of the people of the United States.
        "(2) The Federal Government can help United States business to
      speed the development of new products and processes by entering
      into cooperative research and development agreements which make
      available the assistance of Federal laboratories to the private
      sector, but the commercialization of technology and industrial
      innovation in the United States depends upon actions by business.
        "(3) The commercialization of technology and industrial
      innovation in the United States will be enhanced if companies, in
      return for reasonable compensation to the Federal Government, can
      more easily obtain exclusive licenses to inventions which develop
      as a result of cooperative research with scientists employed by
      Federal laboratories."

                   DEFINITIONS OF TERMS; 1992 AMENDMENT               
      Pub. L. 102-245, Sec. 2, Feb. 14, 1992, 106 Stat. 7, provided
    that: "As used in this Act [see Short Title of 1992 Amendment note
    above] - 
        "(1) the term 'high-resolution information systems' means
      equipment and techniques required to create, store, recover, and
      play back high-resolution images and accompanying sound;
        "(2) the term 'advanced manufacturing technology' means
      numerically-controlled machine tools, robots, automated process
      control equipment, computerized flexible manufacturing systems,
      associated computer software, and other technology for improving
      manufacturing and industrial processes;
        "(3) the term 'advanced materials' means a field of research
      including the study of composites, ceramics, metals, polymers,
      superconducting materials, materials produced through
      biotechnology, and materials production technologies, including
      coated systems, that provide the potential for significant
      advantages over existing materials;
        "(4) the term 'Institute' means the National Institute of
      Standards and Technology;
        "(5) the term 'Secretary' means the Secretary of Commerce; and
        "(6) the term 'Under Secretary' means the Under Secretary of
      Commerce for Technology."

             CONGRESSIONAL STATEMENT OF POLICY; 1992 AMENDMENT         
      Pub. L. 102-245, title I, Sec. 102, Feb. 14, 1992, 106 Stat. 7,
    provided that: "Congress finds that in order to help United States
    industries to speed the development of new products and processes
    so as to maintain the economic competitiveness of the Nation, it is
    necessary to strengthen the programs and activities of the
    Department of Commerce's Technology Administration and National
    Institute of Standards and Technology."

        NATIONAL COMMISSION ON REDUCING CAPITAL COSTS FOR EMERGING
                                TECHNOLOGY
      Pub. L. 102-245, title IV, Sec. 401, Feb. 14, 1992, 106 Stat. 21,
    provided that:
      "(a) Establishment and Purpose. - There is established a National
    Commission on Reducing Capital Costs for Emerging Technology
    (hereafter in this section referred to as the 'Commission'), for
    the purpose of developing recommendations to increase the
    competitiveness of United States industry by encouraging
    investments in research, the development of new process and product
    technologies, and the production of those technologies.
      "(b) Issues. - The function of the Commission shall be to address
    the following issues:
        "(1) How has the overall cost of capital paid by United States
      companies differed during the past decade from that paid by
      companies in other industrial economies such as Germany, Japan,
      and the United Kingdom?
        "(2) To what extent has the cost of capital faced by technology
      companies differed from the overall cost of capital in each of
      these nations during the same period?
        "(3) To what extent do high capital costs in general inhibit
      investment in projects with long-term payoffs, such as the
      development and commercialization of new technology?
        "(4) To what extent does the structure of the financial
      services industry in the United States affect the flow of capital
      to advanced technology investment, and to what extent do current
      practices in the equity markets raise the cost of capital and
      inhibit the availability of capital to fund research and
      development, purchase advanced manufacturing equipment, and fund
      other investments necessary to commercialize advanced technology?
        "(5) In what ways do Government regulations influence the cost
      of capital in the United States?
        "(6) To what extent have national differences in capital costs
      facilitated the foreign acquisition of technology-based United
      States companies?
        "(7) What macroeconomic and other policies would promote
      greater investment in advanced manufacturing techniques, in
      research and development, and in other activities necessary to
      commercialize and produce new technologies?
        "(8) What specific policies should the Federal Government
      follow in order to reduce the cost of capital for United States
      companies to levels that are near parity with those faced by the
      Nation's principal trading partners?
      "(c) Membership. - (1) The Commission shall be composed of 9
    members who are eminent in such fields as advanced technology,
    manufacturing, finance, and international economics and who are
    appointed as follows:
        "(A) 3 individuals appointed by the President, one of whom
      shall chair the Commission.
        "(B) 3 individuals appointed by the Speaker of the House of
      Representatives, 1 of whom shall be appointed upon the
      recommendation of the minority leader of the House of
      Representatives.
        "(C) 3 individuals appointed by the President pro tempore of
      the Senate, 2 of whom shall be appointed upon the recommendation
      of the majority leader of the Senate and 1 of whom shall be
      appointed upon the recommendation of the minority leader of the
      Senate.
      "(2) Each member shall be appointed for the life of the
    Commission. A vacancy in the Commission shall be filled in the
    manner in which the original appointment was made.
      "(d) Procedures. - (1) The chairman shall call the first meeting
    of the Commission within 90 days after the date of enactment of
    this Act [Feb. 14, 1992].
      "(2) Recommendations of the Commission shall require the approval
    of three-quarters of the members of the Commission.
      "(3) The Commission may use such personnel detailed from Federal
    agencies as may be necessary to enable it to carry out its duties.
      "(4) Members of the Commission, other than full-time employees of
    the Federal Government, while attending meetings of the Commission
    while away from their homes or regular places of business, shall be
    allowed travel expenses in accordance with subchapter I of chapter
    57 of title 5, United States Code.
      "(e) Reports. - The Commission shall, within 1 year after the
    date of enactment of this Act [Feb. 14, 1992], submit to the
    President and Congress a report containing legislative and other
    recommendations with respect to the issues addressed under
    subsection (b).
      "(f) Consultation. - The Commission shall consult, as
    appropriate, with the Commission on Technology and Procurement
    established by section 505 of this Act [set out below].
      "(g) Termination. - The Commission shall terminate 6 months after
    the submission of its report under subsection (e).
      "(h) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section such sums as may be
    necessary for the fiscal years 1992 and 1993."

       RESEARCH, DEVELOPMENT, TECHNOLOGY UTILIZATION, AND GOVERNMENT
                            PROCUREMENT POLICY
      Pub. L. 102-245, title V, Sec. 505, Feb. 14, 1992, 106 Stat. 25,
    provided that:
      "(a) Establishment of Commission. - The Secretary, in
    consultation with the Administrator of the Office of Federal
    Procurement Policy, shall establish a Commission on Technology and
    Procurement (hereafter in this section referred to as the
    'Commission'), for the purposes of analyzing the effect of Federal
    Government procurement laws, procedures, and policies on the
    development of advanced technologies within the United States and
    making recommendations on how Federal policy could be changed to
    promote further the development of advanced technologies.
      "(b) Issues. - The Commission shall address the following issues:
        "(1) To what extent, if any, should Federal Government
      technology purchase strategies be used to give domestic suppliers
      a competitive advantage in new generations of existing
      technologies and in initial market penetration for new
      technologies?
        "(2) Under what conditions can Federal Government purchases of
      advanced technology-based products be based on performance
      specifications rather than on product specifications? Should
      Federal Government procurement first look to the commercial
      markets for products that will meet performance specifications
      before purchasing a unique product that has to be developed?
        "(3) How can the Federal Government procurement laws,
      practices, and procedures be used as a strategic tool to foster
      the use of emerging technologies?
        "(4) How can the Federal Government ensure that its suppliers
      adopt the principles embodied in the Malcolm Baldrige National
      Quality Award?
        "(5) Should Federal Government procurement practices include
      cooperative efforts between the supplier and the Federal entity
      to develop products so as to be more easily marketed on a
      commercial basis? Should a program for the exchange of technical
      personnel to foster innovation in product development be part of
      such practices?
        "(6) To what extent, if any, should Federal Government
      documents specify standards that are beneficial to domestic
      suppliers, aid the compatibility of advanced technologies, and
      speed the commercial acceptance of those technologies, and what
      would be the role of the Institute in such an effort?
        "(7) Should Federal Government procurement be linked to the
      Advanced Technology Program and to technology transfer activities
      so that specification development can incorporate the latest
      technical advances available?
        "(8) To what extent should worldwide, state of the art
      technology be required in Federal Government procurement?
      "(c) Membership and Procedures. - (1) The Commission shall be
    composed of 15 members, 8 of whom shall constitute a quorum.
      "(2) The Secretary, the Administrator of the Office of Federal
    Procurement Policy, the Director of the Office of Science and
    Technology Policy, the Secretary of Defense, and the Administrator
    of General Services, or their designees who serve in executive
    level positions, shall serve as members of the Commission.
      "(3) The Secretary shall appoint as members of the Commission,
    from among individuals not employed by the Federal Government - 
        "(A) 4 members who are eminent in advanced technology
      businesses representing manufacturing and services industries,
      including at least 1 member representing labor;
        "(B) 3 members who are eminent in the fields of technology and
      international economic development; and
        "(C) with the concurrence of the Administrator of the Office of
      Federal Procurement Policy, 3 members who are eminent in the
      field of Federal Government procurement.
      "(4) The Secretary shall appoint a Commission chairman from among
    the members of the Commission. The chairman shall call the first
    meeting of the Commission within 90 days after the date of
    enactment of this Act [Feb. 14, 1992].
      "(5) The Secretary and the Administrator of the Office of Federal
    Procurement Policy shall provide such staff as may be required by
    the Commission to carry out its responsibilities.
      "(6) Members of the Commission, other than full-time employees of
    the Federal Government, while attending meetings of the Commission
    or otherwise performing duties of the Commission while away from
    their homes or regular places of business, shall be allowed travel
    expenses in accordance with subchapter I of chapter 57 of title 5,
    United States Code.
      "(d) Reports. - (1) The Commission shall, within 1 year after the
    date of enactment of this Act [Feb. 14, 1992], submit to the
    Secretary, the Administrator of the Office of Federal Procurement
    Policy, the President, and Congress a report containing preliminary
    recommendations with respect to the issues addressed under
    subsection (b).
      "(2) The Commission shall, within 2 years after the date of
    enactment of this Act, submit to the Secretary and Congress a final
    report containing final recommendations with respect to the issues
    addressed under subsection (b).
      "(e) Consultation. - The Commission shall consult, as
    appropriate, with the National Commission on Reducing Capital Costs
    for Emerging Technology.
      "(f) Termination. - The Commission shall terminate 6 months after
    the submission of its final report under subsection (d)(2).
      "(g) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section such sums as may be
    necessary for the fiscal years 1992, 1993, and 1994."

                    STUDY OF TESTING AND CERTIFICATION                
      Pub. L. 102-245, title V, Sec. 508, Feb. 14, 1992, 106 Stat. 29,
    provided that:
      "(a) Contract With National Research Council. - Within 90 days
    after the date of enactment of this Act [Feb. 14, 1992] and within
    available appropriations, the Secretary shall enter into a contract
    with the National Research Council for a thorough review of
    international product testing and certification issues. The
    National Research Council will be asked to address the following
    issues and make recommendations as appropriate:
        "(1) The impact on United States manufacturers, testing and
      certification laboratories, certification organizations, and
      other affected bodies of the European Community's plans for
      testing and certification of regulated and nonregulated products
      of non-European origin.
        "(2) Ways for United States manufacturers to gain acceptance of
      their products in the European Community and in other foreign
      countries and regions.
        "(3) The feasibility and consequences of having mutual
      recognition agreements between testing and certification
      organizations in the United States and those of major trading
      partners on the accreditation of testing and certification
      laboratories and on quality control requirements.
        "(4) Information coordination regarding product acceptance and
      conformity assessment mechanisms between the United States and
      foreign governments.
        "(5) The appropriate Federal, State, and private roles in
      coordination and oversight of testing, certification,
      accreditation, and quality control to support national and
      international trade.
      "(b) Membership. - In selecting the members of the review panel,
    the National Research Council shall consult with and draw from,
    among others, laboratory accreditation organizations, Federal and
    State government agencies involved in testing and certification,
    professional societies, trade associations, small business, and
    labor organizations.
      "(c) Report. - A report based on the findings and recommendations
    of the review panel shall be submitted to the Secretary, the
    President, and Congress within 18 months after the Secretary signs
    the contract with the National Research Council."

            CONGRESSIONAL FINDINGS AND PURPOSES; 1989 AMENDMENT        
      Pub. L. 101-189, div. C, title XXXI, Sec. 3132, Nov. 29, 1989,
    103 Stat. 1674, provided that:
      "(a) Findings. - Congress finds that - 
        "(1) technology advancement is a key component in the growth of
      the United States industrial economy, and a strong industrial
      base is an essential element of the security of this country;
        "(2) there is a need to enhance United States competitiveness
      in both domestic and international markets;
        "(3) innovation and the rapid application of commercially
      valuable technology are assuming a more significant role in near-
      term marketplace success;
        "(4) the Federal laboratories and other facilities have
      outstanding capabilities in a variety of advanced technologies
      and skilled scientists, engineers, and technicians who could
      contribute substantially to the posture of United States industry
      in international competition;
        "(5) improved opportunities for cooperative research and
      development agreements between contractor-managers of certain
      Federal laboratories and the private sector in the United States,
      consistent with the program missions at those facilities,
      particularly the national security functions involved in atomic
      energy defense activities, would contribute to our national well-
      being; and
        "(6) more effective cooperation between those laboratories and
      the private sector in the United States is required to provide
      speed and certainty in the technology transfer process.
      "(b) Purposes. - The purposes of this part [part C (Secs. 3131-
    3133) of title XXXI of div. C of Pub. L. 101-189, see Short Title
    of 1989 Amendment note above] are to - 
        "(1) enhance United States national security by promoting
      technology transfer between Government-owned, contractor-operated
      laboratories and the private sector in the United States; and
        "(2) enhance collaboration between universities, the private
      sector, and Government-owned, contractor-operated laboratories in
      order to foster the development of technologies in areas of
      significant economic potential."

-EXEC-
    EX. ORD. NO. 13185. TO STRENGTHEN THE FEDERAL GOVERNMENT-UNIVERSITY
                           RESEARCH PARTNERSHIP
      Ex. Ord. No. 13185, Dec. 28, 2000, 66 F.R. 701, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to keep
    the Federal Government-University research partnership strong, it
    is hereby ordered as follows:
      Section 1. Principles of the Government-University Partnership.
    The partnership in science and technology that has evolved between
    the Federal Government and American universities has yielded
    benefits that are vital to each. It continues to prove
    exceptionally productive, successfully promoting the discovery of
    knowledge, stimulating technological innovation, improving the
    quality of life, educating and training the next generation of
    scientists and engineers, and contributing to America's economic
    prosperity and national security. In order to reaffirm and
    strengthen this partnership, this order sets forth the following
    guiding and operating principles that are fully described in the
    April 1999 National Science and Technology Council report,
    "Renewing the Government-University Partnership." These principles
    shall provide the framework for the development and analysis of all
    future Federal policies, rules, and regulations for the Federal
    Government-University research partnership.
      (a) The guiding principles that shall govern interactions between
    the Federal Government and universities that perform research are:
      (1) Research is an investment in the future;
      (2) The integration of research and education is vital;
      (3) Excellence is promoted when investments are guided by merit
    review; and
      (4) Research must be conducted with integrity.
      (b) The operating principles that shall assist agencies,
    universities, individual researchers, and auditing and regulatory
    bodies in implementing the guiding principles are:
      (1) Agency cost-sharing policies and practices must be
    transparent;
      (2) Partners should respect the merit review process;
      (3) Agencies and universities should manage research in a cost-
    efficient manner;
      (4) Accountability and accounting are not the same;
      (5) The benefits of simplicity in policies and practices should
    be weighed against the costs;
      (6) Change should be justified by need and the process made
    transparent.
      (c) Each executive branch department or agency that supports
    research at universities shall regularly review its existing
    policies and procedures to ensure that they meet the spirit and
    intent of the guiding and operating principles stated above.
      Sec. 2. Office of Science and Technology (OSTP) Review of the
    Government-University Research Partnership. (a) The OSTP, in
    conjunction with the National Science and Technology Council, shall
    conduct a regular review of the Government-University research
    partnership and prepare a report on the status of the partnership.
    The OSTP should receive input from all departments or agencies that
    have a major impact on the Government-University partnership
    through their support of research and education, policy making,
    regulatory activities, and research administration. In addition,
    OSTP may seek the input of the National Science Board and the
    President's Committee of Advisors for Science and Technology, as
    well as other stakeholders, such as State and local governments,
    industry, the National Academy of Sciences, and the Federal
    Demonstration Partnership.
      (b) The purpose of the review and the report is to determine the
    overall health of the Government-University research partnership,
    being mindful of the guiding and operating principles stated above.
    The report should include recommendations on how to improve the
    Government-University partnership.
      (c) The Director of OSTP shall deliver the report to the
    President.
      Sec. 3. Judicial Review. This order does not create any
    enforceable rights against the United States, its agencies, its
    officers, or any person.
                                                     William J. Clinton.

-End-

-CITE-
    15 USC Sec. 3702                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3702. Purpose

-STATUTE-
      It is the purpose of this chapter to improve the economic,
    environmental, and social well-being of the United States by - 
        (1) establishing organizations in the executive branch to study
      and stimulate technology;
        (2) promoting technology development through the establishment
      of cooperative research centers;
        (3) stimulating improved utilization of federally funded
      technology developments, including inventions, software, and
      training technologies, by State and local governments and the
      private sector;
        (4) providing encouragement for the development of technology
      through the recognition of individuals and companies which have
      made outstanding contributions in technology; and
        (5) encouraging the exchange of scientific and technical
      personnel among academia, industry, and Federal laboratories.

-SOURCE-
    (Pub. L. 96-480, Sec. 3, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99-
    502, Sec. 9(b)(1), (f)(2), Oct. 20, 1986, 100 Stat. 1795, 1797.)

-MISC1-
                                AMENDMENTS                            
      1986 - Par. (2). Pub. L. 99-502, Sec. 9(b)(1), substituted
    "cooperative research centers" for "centers for industrial
    technology".
      Par. (3). Pub. L. 99-502, Sec. 9(f)(2), inserted ", including
    inventions, software, and training technologies,".

-End-

-CITE-
    15 USC Sec. 3703                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3703. Definitions

-STATUTE-
      As used in this chapter, unless the context otherwise requires,
    the term - 
        (1) "Office" means the Office of Technology Policy established
      under section 3704 of this title.
        (2) "Secretary" means the Secretary of Commerce.
        (3) "Under Secretary" means the Under Secretary of Commerce for
      Technology appointed under section 3704(b)(1) of this title.
        (4) "Centers" means the Cooperative Research Centers
      established under section 3705 or 3707 of this title.
        (5) "Nonprofit institution" means an organization owned and
      operated exclusively for scientific or educational purposes, no
      part of the net earnings of which inures to the benefit of any
      private shareholder or individual.
        (6) "Federal laboratory" means any laboratory, any federally
      funded research and development center, or any center established
      under section 3705 or 3707 of this title that is owned, leased,
      or otherwise used by a Federal agency and funded by the Federal
      Government, whether operated by the Government or by a
      contractor.
        (7) "Supporting agency" means either the Department of Commerce
      or the National Science Foundation, as appropriate.
        (8) "Federal agency" means any executive agency as defined in
      section 105 of title 5 and the military departments as defined in
      section 102 of such title, as well as any agency of the
      legislative branch of the Federal Government.
        (9) "Invention" means any invention or discovery which is or
      may be patentable or otherwise protected under title 35 or any
      novel variety of plant which is or may be protectable under the
      Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
        (10) "Made" when used in conjunction with any invention means
      the conception or first actual reduction to practice of such
      invention.
        (11) "Small business firm" means a small business concern as
      defined in section 632 of this title and implementing regulations
      of the Administrator of the Small Business Administration.
        (12) "Training technology" means computer software and related
      materials which are developed by a Federal agency to train
      employees of such agency, including but not limited to software
      for computer-based instructional systems and for interactive
      video disc systems.
        (13) "Clearinghouse" means the Clearinghouse for State and
      Local Initiatives on Productivity, Technology, and Innovation
      established by section 3704a of this title.

-SOURCE-
    (Pub. L. 96-480, Sec. 4, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99-
    502, Sec. 9(b)(2), (d), Oct. 20, 1986, 100 Stat. 1795, 1796; Pub.
    L. 100-418, title V, Sec. 5122(b), Aug. 23, 1988, 102 Stat. 1439;
    Pub. L. 100-519, title II, Sec. 201(d)(1), Oct. 24, 1988, 102 Stat.
    2594; Pub. L. 102-245, title III, Sec. 304, Feb. 14, 1992, 106
    Stat. 20; Pub. L. 106-404, Sec. 7(1), (2), Nov. 1, 2000, 114 Stat.
    1745.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Plant Variety Protection Act, referred to in par. (9), is
    Pub. L. 91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is
    classified principally to chapter 57 (Sec. 2321 et seq.) of Title
    7, Agriculture. For complete classification of this Act to the
    Code, see Short Title note set out under section 2321 of Title 7
    and Tables.

-MISC1-
                                AMENDMENTS                            
      2000 - Pars. (4), (6). Pub. L. 106-404 made technical amendments
    to references in original act which appear in text as references to
    sections 3705 and 3707 of this title.
      1992 - Par. (8). Pub. L. 102-245 inserted before period at end ",
    as well as any agency of the legislative branch of the Federal
    Government".
      1988 - Par. (1). Pub. L. 100-519, Sec. 201(d)(1)(A), substituted
    "Technology Policy" for "Productivity, Technology, and Innovation".
      Par. (3). Pub. L. 100-519, Sec. 201(d)(1)(B), amended par. (3)
    generally, substituting provisions defining "Under Secretary" for
    provisions defining "Assistant Secretary".
      Par. (13). Pub. L. 100-418 added par. (13).
      1986 - Par. (1). Pub. L. 99-502, Sec. 9(b)(2)(A), substituted
    "Productivity, Technology, and Innovation" for "Industrial
    Technology".
      Par. (3). Pub. L. 99-502, Sec. 9(b)(2)(B), substituted "
    'Assistant Secretary' means the Assistant Secretary for
    Productivity, Technology, and Innovation" for " 'Director' means
    the Director of the Office of Industrial Technology".
      Par. (4). Pub. L. 99-502, Sec. 9(b)(2)(C), substituted
    "Cooperative Research Centers" for "Centers for Industrial
    Technology".
      Par. (6). Pub. L. 99-502, Sec. 9(b)(2)(D), (E), redesignated par.
    (7) as (6), substituted "owned, leased, or otherwise used by a
    Federal agency and funded" for "owned and funded", and struck out
    former par. (6) which defined "Board" to mean the National
    Industrial Technology Board established pursuant to section 3709 of
    this title.
      Pars. (7) to (12). Pub. L. 99-502, Sec. 9(b)(2)(D), (d),
    redesignated pars. (7) and (8) as (6) and (7), respectively, and
    added pars. (8) to (12).

-End-

-CITE-
    15 USC Sec. 3704                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3704. Commerce and technological innovation

-STATUTE-
    (a) Establishment
      There is established in the Department of Commerce a Technology
    Administration, which shall operate in accordance with the
    provisions, findings, and purposes of this chapter. The Technology
    Administration shall include - 
        (1) the National Institute of Standards and Technology;
        (2) the National Technical Information Service; and
        (3) a policy analysis office, which shall be known as the
      Office of Technology Policy.
    (b) Under Secretary and Assistant Secretary
      The President shall appoint, by and with the advice and consent
    of the Senate, to the extent provided for in appropriations Acts - 
        (1) an Under Secretary of Commerce for Technology, who shall be
      compensated at the rate provided for level III of the Executive
      Schedule in section 5314 of title 5; and
        (2) an Assistant Secretary of Commerce for Technology Policy,
      who shall serve as policy analyst for the Under Secretary.
    (c) Duties
      The Secretary, through the Under Secretary, as appropriate, shall
    - 
        (1) manage the Technology Administration and supervise its
      agencies, programs, and activities;
        (2) conduct technology policy analyses to improve United States
      industrial productivity, technology, and innovation, and
      cooperate with United States industry in the improvement of its
      productivity, technology, and ability to compete successfully in
      world markets;
        (3) carry out any functions formerly assigned to the Office of
      Productivity, Technology, and Innovation;
        (4) assist in the implementation of the Metric Conversion Act
      of 1975 [15 U.S.C. 205a et seq.];
        (5) determine the relationships of technological developments
      and international technology transfers to the output, employment,
      productivity, and world trade performance of United States and
      foreign industrial sectors;
        (6) determine the influence of economic, labor and other
      conditions, industrial structure and management, and government
      policies on technological developments in particular industrial
      sectors worldwide;
        (7) identify technological needs, problems, and opportunities
      within and across industrial sectors that, if addressed, could
      make a significant contribution to the economy of the United
      States;
        (8) assess whether the capital, technical and other resources
      being allocated to domestic industrial sectors which are likely
      to generate new technologies are adequate to meet private and
      social demands for goods and services and to promote productivity
      and economic growth;
        (9) propose and support studies and policy experiments, in
      cooperation with other Federal agencies, to determine the
      effectiveness of measures with the potential of advancing United
      States technological innovation;
        (10) provide that cooperative efforts to stimulate industrial
      innovation be undertaken between the Under Secretary and other
      officials in the Department of Commerce responsible for such
      areas as trade and economic assistance;
        (11) encourage and assist the creation of centers and other
      joint initiatives by State or local governments, regional
      organizations, private businesses, institutions of higher
      education, nonprofit organizations, or Federal laboratories to
      encourage technology transfer, to stimulate innovation, and to
      promote an appropriate climate for investment in technology-
      related industries;
        (12) propose and encourage cooperative research involving
      appropriate Federal entities, State or local governments,
      regional organizations, colleges or universities, nonprofit
      organizations, or private industry to promote the common use of
      resources, to improve training programs and curricula, to
      stimulate interest in high technology careers, and to encourage
      the effective dissemination of technology skills within the wider
      community;
        (13) serve as a focal point for discussions among United States
      companies on topics of interest to industry and labor, including
      discussions regarding manufacturing and discussions regarding
      emerging technologies;
        (14) consider government measures with the potential of
      advancing United States technological innovation and exploiting
      innovations of foreign origin; and
        (15) publish the results of studies and policy experiments.
    (d) Japanese technical literature
      (1) In addition to the duties specified in subsection (c) of this
    section, the Secretary and the Under Secretary shall establish, and
    through the National Technical Information Service and with the
    cooperation of such other offices within the Department of Commerce
    as the Secretary considers appropriate, maintain a program
    (including an office in Japan) which shall, on a continuing basis -
    
        (A) monitor Japanese technical activities and developments;
        (B) consult with businesses, professional societies, and
      libraries in the United States regarding their needs for
      information on Japanese developments in technology and
      engineering;
        (C) acquire and translate selected Japanese technical reports
      and documents that may be of value to agencies and departments of
      the Federal Government, and to businesses and researchers in the
      United States; and
        (D) coordinate with other agencies and departments of the
      Federal Government to identify significant gaps and avoid
      duplication in efforts by the Federal Government to acquire,
      translate, index, and disseminate Japanese technical information.

    Activities undertaken pursuant to subparagraph (C) of this
    paragraph shall only be performed on a cost-reimbursable basis.
    Translations referred to in such subparagraph shall be performed
    only to the extent that they are not otherwise available from
    sources within the private sector in the United States.
      (2) Beginning in 1986, the Secretary shall prepare annual reports
    regarding important Japanese scientific discoveries and technical
    innovations in such areas as computers, semiconductors,
    biotechnology, and robotics and manufacturing. In preparing such
    reports, the Secretary shall consult with professional societies
    and businesses in the United States. The Secretary may, to the
    extent provided in advance by appropriation Acts, contract with
    private organizations to acquire and translate Japanese scientific
    and technical information relevant to the preparation of such
    reports.
      (3) The Secretary also shall encourage professional societies and
    private businesses in the United States to increase their efforts
    to acquire, screen, translate, and disseminate Japanese technical
    literature.
      (4) In addition, the Secretary shall compile, publish, and
    disseminate an annual directory which lists - 
        (A) all programs and services in the United States that
      collect, abstract, translate, and distribute Japanese scientific
      and technical information; and
        (B) all translations of Japanese technical documents performed
      by agencies and departments of the Federal Government in the
      preceding 12 months that are available to the public.

      (5) The Secretary shall transmit to the Congress, within 1 year
    after August 14, 1986, a report on the activities of the Federal
    Government to collect, abstract, translate, and distribute
    declassified Japanese scientific and technical information.
    (e) Omitted
    (f) Experimental Program to Stimulate Competitive Technology
      (1) In general
        The Secretary, acting through the Under Secretary, shall
      establish for fiscal year 1999 a program to be known as the
      Experimental Program to Stimulate Competitive Technology
      (referred to in this subsection as the "program"). The purpose of
      the program shall be to strengthen the technological
      competitiveness of those States that have historically received
      less Federal research and development funds than those received
      by a majority of the States.
      (2) Arrangements
        In carrying out the program, the Secretary, acting through the
      Under Secretary, shall - 
          (A) enter into such arrangements as may be necessary to
        provide for the coordination of the program through the State
        committees established under the Experimental Program to
        Stimulate Competitive Research of the National Science
        Foundation; and
          (B) cooperate with - 
            (i) any State science and technology council established
          under the program under subparagraph (A); and
            (ii) representatives of small business firms and other
          appropriate technology-based businesses.
      (3) Grants and cooperative agreements
        In carrying out the program, the Secretary, acting through the
      Under Secretary, may make grants or enter into cooperative
      agreements to provide for - 
          (A) technology research and development;
          (B) technology transfer from university research;
          (C) technology deployment and diffusion; and
          (D) the strengthening of technological capabilities through
        consortia comprised of - 
            (i) technology-based small business firms;
            (ii) industries and emerging companies;
            (iii) universities; and
            (iv) State and local development agencies and entities.
      (4) Requirements for making awards
        (A) In general
          In making awards under this subsection, the Secretary, acting
        through the Under Secretary, shall ensure that the awards are
        awarded on a competitive basis that includes a review of the
        merits of the activities that are the subject of the award.
        (B) Matching requirement
          The non-Federal share of the activities (other than planning
        activities) carried out under an award under this subsection
        shall be not less than 25 percent of the cost of those
        activities.
      (5) Criteria for States
        The Secretary, acting through the Under Secretary, shall
      establish criteria for achievement by each State that
      participates in the program. Upon the achievement of all such
      criteria, a State shall cease to be eligible to participate in
      the program.
      (6) Coordination
        To the extent practicable, in carrying out this subsection, the
      Secretary, acting through the Under Secretary, shall coordinate
      the program with other programs of the Department of Commerce.
      (7) Report
        (A) In general
          Not later than 90 days after October 30, 1998, the Under
        Secretary shall prepare and submit a report that meets the
        requirements of this paragraph to the Secretary. Upon receipt
        of the report, the Secretary shall transmit a copy of the
        report to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Science of
        the House of Representatives.
        (B) Requirements for report
          The report prepared under this paragraph shall contain with
        respect to the program - 
            (i) a description of the structure and procedures of the
          program;
            (ii) a management plan for the program;
            (iii) a description of the merit-based review process to be
          used in the program;
            (iv) milestones for the evaluation of activities to be
          assisted under the program in fiscal year 1999;
            (v) an assessment of the eligibility of each State that
          participates in the Experimental Program to Stimulate
          Competitive Research of the National Science Foundation to
          participate in the program under this subsection; and
            (vi) the evaluation criteria with respect to which the
          overall management and effectiveness of the program will be
          evaluated.

-SOURCE-
    (Pub. L. 96-480, Sec. 5, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99-
    382, Sec. 2, Aug. 14, 1986, 100 Stat. 811; Pub. L. 99-502, Sec.
    9(b)(3)-(5), (e)(2)(A), Oct. 20, 1986, 100 Stat. 1795, 1797; Pub.
    L. 100-519, title II, Sec. 201(a)-(c), (d)(2), Oct. 24, 1988, 102
    Stat. 2593, 2594; Pub. L. 102-245, title III, Sec. 306, Feb. 14,
    1992, 106 Stat. 20; Pub. L. 105-309, Sec. 9, Oct. 30, 1998, 112
    Stat. 2938; Pub. L. 106-404, Sec. 7(3), Nov. 1, 2000, 114 Stat.
    1745.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Metric Conversion Act of 1975, referred to in subsec. (c)(4),
    is Pub. L. 94-168, Dec. 23, 1975, 89 Stat. 1007, as amended, which
    is classified generally to subchapter II (Sec. 205a et seq.) of
    chapter 6 of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 205a of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Subsec. (e) of this section, which required Secretary to prepare
    and submit to President and Congress, within 3 years after Oct. 21,
    1980, a report on progress, findings, and conclusions of activities
    conducted pursuant to this section and sections 3705, 3707, 3710,
    3711, and 3712 of this title (as then in effect) and
    recommendations for possible modifications thereof, was omitted
    from the Code.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c)(11). Pub. L. 106-404 substituted "State or
    local governments" for "State of local governments".
      1998 - Subsec. (f). Pub. L. 105-309 added subsec. (f).
      1992 - Subsec. (c)(13) to (15). Pub. L. 102-245 added par. (13)
    and redesignated former pars. (13) and (14) as (14) and (15),
    respectively.
      1988 - Subsec. (a). Pub. L. 100-519, Sec. 201(a), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "The Secretary shall establish and maintain an Office of
    Productivity, Technology, and Innovation in accordance with the
    provisions, findings, and purposes of this chapter."
      Subsec. (b). Pub. L. 100-519, Sec. 201(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "The
    President shall appoint, by and with the advice and consent of the
    Senate, an Assistant Secretary for Productivity, Technology, and
    Innovation."
      Subsec. (c). Pub. L. 100-519, Sec. 201(c)(2), substituted "Under
    Secretary, as appropriate," for "Assistant Secretary, on a
    continuing basis," in introductory provisions.
      Subsec. (c)(1) to (9). Pub. L. 100-519, Sec. 201(c)(1), (2),
    added pars. (1) to (4) and redesignated former pars. (1) to (5) as
    (5) to (9), respectively. Former pars. (6) to (9) redesignated (10)
    to (13), respectively.
      Subsec. (c)(10). Pub. L. 100-519, Sec. 201(c)(1), (3),
    redesignated former par. (6) as (10) and substituted "Under
    Secretary" for "Assistant Secretary". Former par. (10) redesignated
    (14).
      Subsec. (c)(11) to (14). Pub. L. 100-519, Sec. 201(c)(1),
    redesignated former pars. (7) to (10) as (11) to (14),
    respectively.
      Subsec. (d)(1). Pub. L. 100-519, Sec. 201(d)(2), substituted "and
    the Under Secretary shall establish, and through the National
    Technical Information Service and with the cooperation of" for
    "shall establish and, through the National Technical Information
    Service and".
      1986 - Subsec. (a). Pub. L. 99-502, Sec. 9(b)(3), substituted
    "Office of Productivity, Technology, and Innovation" for "Office of
    Industrial Technology".
      Subsec. (b). Pub. L. 99-502, Sec. 9(b)(4), substituted "an
    Assistant Secretary for Productivity, Technology, and Innovation"
    for "a Director of the Office, who shall be compensated at the rate
    provided for level V of the Executive Schedule in section 5316 of
    title 5".
      Subsec. (c). Pub. L. 99-502, Sec. 9(b)(5)(A), substituted "the
    Assistant Secretary" for "the Director" in provisions preceding
    par. (1).
      Subsec. (c)(6). Pub. L. 99-502, Sec. 9(b)(5)(A), substituted "the
    Assistant Secretary" for "the Director".
      Subsec. (c)(7) to (10). Pub. L. 99-502, Sec. 9(b)(5)(B), (C),
    added pars. (7) and (8) and redesignated former pars. (7) and (8)
    as (9) and (10), respectively.
      Subsec. (d). Pub. L. 99-382, Sec. 2(2), added subsec. (d). Former
    subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 99-502, Sec. 9(e)(2)(A), which directed the
    insertion of "(as then in effect)" in subsec. (d), was executed to
    subsec. (e) to reflect the probable intent of Congress in view of
    the redesignation of subsec. (d) as (e) by Pub. L. 99-382.
      Pub. L. 99-382, Sec. 2(1), redesignated subsec. (d) as (e).

                           TRANSITION PROVISION                       
      Section 201(e) of Pub. L. 100-519 provided that: "The individual
    serving as the Assistant Secretary of Commerce for Productivity,
    Technology, and Innovation immediately before the date of enactment
    of this Act [Oct. 24, 1988] shall serve as Acting Assistant
    Secretary of Commerce for Technology Policy until the Assistant
    Secretary takes office."

                         COMMERCIAL SPACE PROGRAMS                     
      Section 201(f) of Pub. L. 100-519, as added by Pub. L. 100-685,
    title II, Sec. 219, Nov. 17, 1988, 102 Stat. 4095, provided that:
    "Nothing in this section [amending sections 3703, 3704, and 3710 of
    this title and section 5314 of Title 5, Government Organization and
    Employees, and enacting provisions set out as a note above]
    authorizes the Department to establish an Office of Commercial
    Space Programs or to place such an office into the Technology
    Administration without prior authorization of the Congress."

-End-

-CITE-
    15 USC Sec. 3704a                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3704a. Clearinghouse for State and Local Initiatives on
      Productivity, Technology, and Innovation

-STATUTE-
    (a) Establishment
      There is established within the Office of Productivity,
    Technology, and Innovation a Clearinghouse for State and Local
    Initiatives on Productivity, Technology, and Innovation. The
    Clearinghouse shall serve as a central repository of information on
    initiatives by State and local governments to enhance the
    competitiveness of American business through the stimulation of
    productivity, technology, and innovation and Federal efforts to
    assist State and local governments to enhance competitiveness.
    (b) Responsibilities
      The Clearinghouse may - 
        (1) establish relationships with State and local governments,
      and regional and multistate organizations of such governments,
      which carry out such initiatives;
        (2) collect information on the nature, extent, and effects of
      such initiatives, particularly information useful to the
      Congress, Federal agencies, State and local governments, regional
      and multistate organizations of such governments, businesses, and
      the public throughout the United States;
        (3) disseminate information collected under paragraph (2)
      through reports, directories, handbooks, conferences, and
      seminars;
        (4) provide technical assistance and advice to such governments
      with respect to such initiatives, including assistance in
      determining sources of assistance from Federal agencies which may
      be available to support such initiatives;
        (5) study ways in which Federal agencies, including Federal
      laboratories, are able to use their existing policies and
      programs to assist State and local governments, and regional and
      multistate organizations of such governments, to enhance the
      competitiveness of American business;
        (6) make periodic recommendations to the Secretary, and to
      other Federal agencies upon their request, concerning
      modifications in Federal policies and programs which would
      improve Federal assistance to State and local technology and
      business assistance programs;
        (7) develop methodologies to evaluate State and local programs,
      and, when requested, advise State and local governments, and
      regional and multistate organizations of such governments, as to
      which programs are most effective in enhancing the
      competitiveness of American business through the stimulation of
      productivity, technology, and innovation; and
        (8) make use of, and disseminate, the nationwide study of State
      industrial extension programs conducted by the Secretary.
    (c) Contracts
      In carrying out subsection (b) of this section, the Secretary may
    enter into contracts for the purpose of collecting information on
    the nature, extent, and effects of initiatives.

-SOURCE-
    (Pub. L. 96-480, Sec. 6, as added Pub. L. 100-418, title V, Sec.
    5122(a)(2), Aug. 23, 1988, 102 Stat. 1438.)

-COD-
                               CODIFICATION                           
      Subsec. (d) of this section, which required the Secretary to
    prepare and transmit a triennial report to Congress, including
    recommendations to the President, Congress, and Federal agencies,
    on initiatives by State and local governments to enhance the
    competitiveness of American businesses through the stimulation of
    productivity, technology, and innovation, terminated, effective May
    15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
    set out as a note under section 1113 of Title 31, Money and
    Finance. See, also, page 50 of House Document No. 103-7.

-End-

-CITE-
    15 USC Sec. 3704b                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3704b. National Technical Information Service

-STATUTE-
    (a) Powers
      (1) The Secretary of Commerce, acting through the Director of the
    National Technical Information Service (hereafter in this section
    referred to as the "Director") is authorized to do the following:
        (A) Enter into such contracts, cooperative agreements, joint
      ventures, and other transactions, in accordance with all relevant
      provisions of Federal law applicable to such contracts and
      agreements, and under reasonable terms and conditions, as may be
      necessary in the conduct of the business of the National
      Technical Information Service (hereafter in this section referred
      to as the "Service").
        (B) In addition to the authority regarding fees contained in
      section 2 of the Act entitled "An Act to provide for the
      dissemination of technological, scientific, and engineering
      information to American business and industry, and for other
      purposes" enacted September 9, 1950 (15 U.S.C. 1152), retain and,
      subject to appropriations Acts, utilize its net revenues to the
      extent necessary to implement the plan submitted under subsection
      (f)(3)(D) of this section.
        (C) Enter into contracts for the performance of part or all of
      the functions performed by the Promotion Division of the Service
      prior to October 24, 1988. The details of any such contract, and
      a statement of its effect on the operations and personnel of the
      Service, shall be provided to the appropriate committees of the
      Congress 30 days in advance of the execution of such contract.
        (D) Employ such personnel as may be necessary to conduct the
      business of the Service.
        (E) For the period of October 1, 1991 through September 30,
      1992, only, retain and use all earned and unearned monies
      heretofore or hereafter received, including receipts, revenues,
      and advanced payments and deposits, to fund all obligations and
      expenses, including inventories and capital equipment.

    An increase or decrease in the personnel of the Service shall not
    affect or be affected by any ceilings on the number or grade of
    personnel.
      (2) The functions and activities of the Service specified in
    subsection (e)(1) through (6) of this section are permanent Federal
    functions to be carried out by the Secretary through the Service
    and its employees, and shall not be transferred from the Service,
    by contract or otherwise, to the private sector on a permanent or
    temporary basis without express approval of the Congress. Functions
    or activities - 
        (A) for the procurement of supplies, materials, and equipment
      by the Service;
        (B) referred to in paragraph (1)(C); or
        (C) to be performed through joint ventures or cooperative
      agreements which do not result in a reduction in the Federal
      workforce of the affected programs of the service,(!1)

    shall not be considered functions or activities for purposes of
    this paragraph.
      (3) For the purposes of this subsection, the term "net revenues"
    means the excess of revenues and receipts from any source, other
    than royalties and other income described in section 3710c(a)(4)
    (!2) of this title, over operating expenses.

      (4) Omitted.
    (b) Director of the Service
      The management of the Service shall be vested in a Director who
    shall report to the Under Secretary of Commerce for Technology and
    the Secretary of Commerce.
    (c) Advisory Board
      (1) There is established the Advisory Board of the National
    Technical Information Service, which shall be composed of a
    chairman and four other members appointed by the Secretary.
      (2) In appointing members of the Advisory Board the Secretary
    shall solicit recommendations from the major users and
    beneficiaries of the Service's activities and shall select
    individuals experienced in providing or utilizing technical
    information.
      (3) The Advisory Board shall review the general policies and
    operations of the Service, including policies in connection with
    fees and charges for its services, and shall advise the Secretary
    and the Director with respect thereto.
      (4) The Advisory Board shall meet at the call of the Secretary,
    but not less often than once each six months.
    (d) Audits
      The Secretary of Commerce shall provide for annual independent
    audits of the Service's financial statements beginning with fiscal
    year 1988, to be conducted in accordance with generally accepted
    accounting principles.
    (e) Functions
      The Secretary of Commerce, acting through the Service, shall - 
        (1) establish and maintain a permanent repository of
      nonclassified scientific, technical, and engineering information;
        (2) cooperate and coordinate its operations with other
      Government scientific, technical, and engineering information
      programs;
        (3) make selected bibliographic information products available
      in a timely manner to depository libraries as part of the
      Depository Library Program of the Government Printing Office;
        (4) in conjunction with the private sector as appropriate,
      collect, translate into English, and disseminate unclassified
      foreign scientific, technical, and engineering information;
        (5) implement new methods or media for the dissemination of
      scientific, technical, and engineering information, including
      producing and disseminating information products in electronic
      format; and
        (6) carry out the functions and activities of the Secretary
      under the Act entitled "An Act to provide for the dissemination
      of technological, scientific, and engineering information to
      American business and industry, and for other purposes" enacted
      September 9, 1950 [15 U.S.C. 1151 et seq.], and the functions and
      activities of the Secretary performed through the National
      Technical Information Service as of October 24, 1988, under this
      chapter.
    (f) Notification of Congress
      (1) The Secretary of Commerce and the Director shall keep the
    appropriate committees of Congress fully and currently informed
    about all activities related to the carrying out of the functions
    of the Service, including changes in fee policies.
      (2) Within 90 days after October 24, 1988, the Secretary of
    Commerce shall submit to the Congress a report on the current fee
    structure of the Service, including an explanation of the basis for
    the fees, taking into consideration all applicable costs, and the
    adequacy of the fees, along with reasons for the declining sales at
    the Service of scientific, technical, and engineering publications.
    Such report shall explain any actions planned or taken to increase
    such sales at reasonable fees.
      (3) The Secretary shall submit an annual report to the Congress
    which shall - 
        (A) summarize the operations of the Service during the
      preceding year, including financial details and staff levels
      broken down by major activities;
        (B) detail the operating plan of the Service, including
      specific expense and staff needs, for the upcoming year;
        (C) set forth details of modernization progress made in the
      preceding year;
        (D) describe the long-term modernization plans of the Service;
      and
        (E) include the results of the most recent annual audit carried
      out under subsection (d) of this section.

      (4) The Secretary shall also give the Congress detailed advance
    notice of not less than 30 calendar days of - 
        (A) any proposed reduction-in-force;
        (B) any joint venture or cooperative agreement which involves a
      financial incentive to the joint venturer or contractor; and
        (C) any change in the operating plan submitted under paragraph
      (3)(B) which would result in a variation from such plan with
      respect to expense levels of more than 10 percent.

-SOURCE-
    (Pub. L. 100-519, title II, Sec. 212, Oct. 24, 1988, 102 Stat.
    2594; Pub. L. 102-140, title II, Oct. 28, 1991, 105 Stat. 804; Pub.
    L. 102-245, title V, Sec. 506(c), Feb. 14, 1992, 106 Stat. 27.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This section, referred to in subsec. (a)(1), was in the original
    "this subtitle", meaning subtitle B (Secs. 211, 212) of title II of
    Pub. L. 100-519, Oct. 24, 1988, 102 Stat. 2594, which enacted
    section 3704b of this title and amended section 3710 of this title.
    For complete classification of this subtitle to the Code, see Short
    Title of 1988 Amendment note set out under section 3701 of this
    title and Tables.
      Section 3710c(a)(4) of this title, referred to in subsec. (a)(3),
    was in the original a reference to section 13(a)(4) of the
    Stevenson-Wydler Technology Innovation Act of 1980 which was
    translated as reading section 14(a)(4) of the Act to reflect the
    probable intent of Congress and the renumbering of section 13 of
    the Act as section 14 by section 5122(a)(1) of Pub. L. 100-418.
      The Act entitled "An Act to provide for the dissemination of
    technological, scientific, and engineering information to American
    business and industry, and for other purposes" enacted September 9,
    1950, referred to in subsec. (e)(6), is act Sept. 9, 1950, ch. 936,
    64 Stat. 823, as amended, which is classified generally to chapter
    23 (Sec. 1151 et seq.) of this title. For complete classification
    of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Technical Information
    Act of 1988, and not as part of the Stevenson-Wydler Technology
    Innovation Act of 1980 which comprises this chapter.
      Subsec. (a)(4) of this section repealed subsec. (h) of section
    3710 of this title.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (e)(5). Pub. L. 102-245 inserted ", including
    producing and disseminating information products in electronic
    format" after "engineering information".
      1991 - Subsec. (a)(1)(E). Pub. L. 102-140 added subpar. (E).

                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards established after Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a board
    established by the President or an officer of the Federal
    Government, such board is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a board
    established by the Congress, its duration is otherwise provided by
    law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

           NATIONAL TECHNICAL INFORMATION SERVICE REVOLVING FUND       
      Pub. L. 102-395, title II, Oct. 6, 1992, 106 Stat. 1853, provided
    that: "For establishment of a National Technical Information
    Service Revolving Fund, $8,000,000 without fiscal year limitation:
    Provided, That unexpended balances in Information Products and
    Services shall be transferred to and merged with this account, to
    remain available until expended. Notwithstanding 15 U.S.C. 1525 and
    1526, all payments collected by the National Technical Information
    Service in performing its activities authorized by chapters 23 and
    63 of title 15 of the United States Code shall be credited to this
    Revolving Fund. Without further appropriations action, all expenses
    incurred in performing the activities of the National Technical
    Information Service, including modernization, capital equipment and
    inventory, shall be paid from the fund. A business-type budget for
    the fund shall be prepared in the manner prescribed by 31 U.S.C.
    9103."

-FOOTNOTE-               

    (!1) So in original. Probably should be capitalized.

    (!2) See References in Text note below.

-End-

-CITE-
    15 USC Sec. 3704b-1                                         01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3704b-1. Recovery of operating costs through fee collections

-STATUTE-
      Operating costs for the National Technical Information Service
    associated with the acquisition, processing, storage, bibliographic
    control, and archiving of information and documents shall be
    recovered primarily through the collection of fees.

-SOURCE-
    (Pub. L. 102-245, title I, Sec. 103(c), Feb. 14, 1992, 106 Stat.
    8.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the American Technology
    Preeminence Act of 1991, and not as part of the Stevenson-Wydler
    Technology Innovation Act of 1980 which comprises this chapter.

-End-

-CITE-
    15 USC Sec. 3704b-2                                         01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3704b-2. Transfer of Federal scientific and technical
      information

-STATUTE-
    (a) Transfer
      The head of each Federal executive department or agency shall
    transfer in a timely manner to the National Technical Information
    Service unclassified scientific, technical, and engineering
    information which results from federally funded research and
    development activities for dissemination to the private sector,
    academia, State and local governments, and Federal agencies. Only
    information which would otherwise be available for public
    dissemination shall be transferred under this subsection. Such
    information shall include technical reports and information,
    computer software, application assessments generated pursuant to
    section 3710(c) of this title, and information regarding training
    technology and other federally owned or originated technologies.
    The Secretary shall issue regulations within one year after
    February 14, 1992, outlining procedures for the ongoing transfer of
    such information to the National Technical Information Service.
    (b) Omitted

-SOURCE-
    (Pub. L. 102-245, title I, Sec. 108, Feb. 14, 1992, 106 Stat. 13.)

-COD-
                               CODIFICATION                           
      Subsec. (b) of this section, which required the Secretary, as
    part of the annual report required under section 3704b(f)(3) of
    this title, to report to Congress on the status of efforts under
    this section to ensure access to Federal scientific and technical
    information by the public, was omitted because of termination of
    the annual report. See Codification note set out after section
    3704b of this title.
      Section was enacted as part of the American Technology
    Preeminence Act of 1991, and not as part of the Stevenson-Wydler
    Technology Innovation Act of 1980 which comprises this chapter.

-End-

-CITE-
    15 USC Sec. 3705                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3705. Cooperative Research Centers

-STATUTE-
    (a) Establishment
      The Secretary shall provide assistance for the establishment of
    Cooperative Research Centers. Such Centers shall be affiliated with
    any university, or other nonprofit institution, or group thereof,
    that applies for and is awarded a grant or enters into a
    cooperative agreement under this section. The objective of the
    Centers is to enhance technological innovation through - 
        (1) the participation of individuals from industry and
      universities in cooperative technological innovation activities;
        (2) the development of the generic research base, important for
      technological advance and innovative activity, in which
      individual firms have little incentive to invest, but which may
      have significant economic or strategic importance, such as
      manufacturing technology;
        (3) the education and training of individuals in the
      technological innovation process;
        (4) the improvement of mechanisms for the dissemination of
      scientific, engineering, and technical information among
      universities and industry;
        (5) the utilization of the capability and expertise, where
      appropriate, that exists in Federal laboratories; and
        (6) the development of continuing financial support from other
      mission agencies, from State and local government, and from
      industry and universities through, among other means, fees,
      licenses, and royalties.
    (b) Activities
      The activities of the Centers shall include, but need not be
    limited to - 
        (1) research supportive of technological and industrial
      innovation including cooperative industry-university research;
        (2) assistance to individuals and small businesses in the
      generation, evaluation, and development of technological ideas
      supportive of industrial innovation and new business ventures;
        (3) technical assistance and advisory services to industry,
      particularly small businesses; and
        (4) curriculum development, training, and instruction in
      invention, entrepreneurship, and industrial innovation.

    Each Center need not undertake all of the activities under this
    subsection.
    (c) Requirements
      Prior to establishing a Center, the Secretary shall find that - 
        (1) consideration has been given to the potential contribution
      of the activities proposed under the Center to productivity,
      employment, and economic competitiveness of the United States;
        (2) a high likelihood exists of continuing participation,
      advice, financial support, and other contributions from the
      private sector;
        (3) the host university or other nonprofit institution has a
      plan for the management and evaluation of the activities proposed
      within the particular Center, including:
          (A) the agreement between the parties as to the allocation of
        patent rights on a nonexclusive, partially exclusive, or
        exclusive license basis to and inventions conceived or made
        under the auspices of the Center; and
          (B) the consideration of means to place the Center, to the
        maximum extent feasible, on a self-sustaining basis;

        (4) suitable consideration has been given to the university's
      or other nonprofit institution's capabilities and geographical
      location; and
        (5) consideration has been given to any effects upon
      competition of the activities proposed under the Center.
    (d) Planning grants
      The Secretary is authorized to make available nonrenewable
    planning grants to universities or nonprofit institutions for the
    purpose of developing a plan required under subsection (c)(3) of
    this section.
    (e) Research and development utilization
      In the promotion of technology from research and development
    efforts by Centers under this section, chapter 18 of title 35 shall
    apply to the extent not inconsistent with this section.

-SOURCE-
    (Pub. L. 96-480, Sec. 7, formerly Sec. 6, Oct. 21, 1980, 94 Stat.
    2313; Pub. L. 99-502, Sec. 9(b)(6)-(10), Oct. 20, 1986, 100 Stat.
    1796; renumbered Sec. 7, Pub. L. 100-418, title V, Sec. 5122(a)(1),
    Aug. 23, 1988, 102 Stat. 1438.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7 of Pub. L. 96-480 was renumbered section 8 and
    is classified to section 3706 of this title.

                                AMENDMENTS                            
      1986 - Subsec. (a). Pub. L. 99-502, Sec. 9(b)(7), substituted
    "Cooperative Research Centers" for "Centers for Industrial
    Technology".
      Subsec. (b)(1). Pub. L. 99-502, Sec. 9(b)(8), struck out "basic
    and applied" after "industry-university".
      Subsec. (e). Pub. L. 99-502, Sec. 9(b)(9), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) provided that a Center
    of Industrial Technology had the option to acquire title to an
    invention conceived or made under its auspices and supported by
    Federal funds, authorized supporting agency to require the Center
    to grant licenses to the invention to responsible applicants in
    certain cases, and provided for judicial review of licensing
    determinations by the supporting agency.
      Subsec. (f). Pub. L. 99-502, Sec. 9(b)(10), struck out subsec.
    (f) which read as follows: "The supporting agency may request the
    Attorney General's opinion whether the proposed joint research
    activities of a Center would violate any of the antitrust laws. The
    Attorney General shall advise the supporting agency of his
    determination and the reasons for it within 120 days after receipt
    of such request."

                               MODEL PROGRAM                           
      Pub. L. 101-510, div. A, title VIII, Sec. 827(b), Nov. 5, 1990,
    104 Stat. 1607, as amended by Pub. L. 102-190, div. A, title X,
    Sec. 1062(a)(2), Dec. 5, 1991, 105 Stat. 1475, provided that:
      "(1) In the administration of applicable provisions of the
    Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701
    et seq.] or section 5121(b) of the Omnibus Trade and
    Competitiveness Act of 1988 [Pub. L. 100-418, 15 U.S.C. 278l note],
    the Secretary of Commerce shall develop, in consultation with the
    Secretary of Defense and the Secretary of Energy, model programs
    for national defense laboratories.
      "(2) Model programs under this subsection shall involve Federal
    laboratories, small businesses, and partnership intermediaries. The
    purpose of the model programs is to demonstrate successful
    relationships between the Federal Government, State and local
    governments, and small businesses which encourage economic growth
    through the commercial application of technology resulting from
    federally funded research.
      "(3) In this subsection, the term 'national defense laboratory'
    means any laboratory, federally funded research and development
    center (FFRDC), or other center established under section 7 or 9 of
    the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
    3705, 3707) that is owned by the Federal Government, whether
    operated by the Federal Government or by a contractor, and - 
        "(A) is under the jurisdiction of the Secretary of Defense; or
        "(B) is under the jurisdiction of the Secretary of Energy, but
      only if the primary function of the laboratory, FFRDC, or other
      center under the Secretary's jurisdiction is to support the
      national defense activities of the Department of Defense or the
      Department of Energy."

-End-

-CITE-
    15 USC Sec. 3706                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3706. Grants and cooperative agreements

-STATUTE-
    (a) In general
      The Secretary may make grants and enter into cooperative
    agreements according to the provisions of this section in order to
    assist any activity consistent with this chapter, including
    activities performed by individuals. The total amount of any such
    grant or cooperative agreement may not exceed 75 percent of the
    total cost of the program.
    (b) Eligibility and procedure
      Any person or institution may apply to the Secretary for a grant
    or cooperative agreement available under this section. Application
    shall be made in such form and manner, and with such content and
    other submissions, as the Assistant Secretary shall prescribe. The
    Secretary shall act upon each such application within 90 days after
    the date on which all required information is received.
    (c) Terms and conditions
      (1) Any grant made, or cooperative agreement entered into, under
    this section shall be subject to the limitations and provisions set
    forth in paragraph (2) of this subsection, and to such other terms,
    conditions, and requirements as the Secretary deems necessary or
    appropriate.
      (2) Any person who receives or utilizes any proceeds of any grant
    made or cooperative agreement entered into under this section shall
    keep such records as the Secretary shall by regulation prescribe as
    being necessary and appropriate to facilitate effective audit and
    evaluation, including records which fully disclose the amount and
    disposition by such recipient of such proceeds, the total cost of
    the program or project in connection with which such proceeds were
    used, and the amount, if any, of such costs which was provided
    through other sources.

-SOURCE-
    (Pub. L. 96-480, Sec. 8, formerly Sec. 7, Oct. 21, 1980, 94 Stat.
    2315; renumbered Sec. 8 and amended Pub. L. 100-418, title V, Secs.
    5115(b)(1), 5122(a)(1), Aug. 23, 1988, 102 Stat. 1433, 1438.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8 of Pub. L. 96-480 was renumbered section 9 and
    is classified to section 3707 of this title.

                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-418, Sec. 5115(b)(1), substituted
    "Assistant Secretary" for "Director".

-End-

-CITE-
    15 USC Sec. 3707                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3707. National Science Foundation Cooperative Research Centers

-STATUTE-
    (a) Establishment and provisions
      The National Science Foundation shall provide assistance for the
    establishment of Cooperative Research Centers. Such Centers shall
    be affiliated with a university, or other nonprofit institution, or
    a group thereof. The objective of the Centers is to enhance
    technological innovation as provided in section 3705(a) of this
    title through the conduct of activities as provided in section
    3705(b) of this title.
    (b) Planning grants
      The National Science Foundation is authorized to make available
    nonrenewable planning grants to universities of nonprofit
    institutions for the purpose of developing the plan, as described
    under section 3705(c)(3) of this title.
    (c) Terms and conditions
      Grants, contracts, and cooperative agreements entered into by the
    National Science Foundation in execution of the powers and duties
    of the National Science Foundation under this chapter shall be
    governed by the National Science Foundation Act of 1950 [42 U.S.C.
    1861 et seq.] and other pertinent Acts.

-SOURCE-
    (Pub. L. 96-480, Sec. 9, formerly Sec. 8, Oct. 21, 1980, 94 Stat.
    2316; Pub. L. 99-502, Sec. 9(b)(11), (12), (e)(2)(B), Oct. 20,
    1986, 100 Stat. 1796, 1797; renumbered Sec. 9, Pub. L. 100-418,
    title V, Sec. 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; Pub. L.
    106-404, Sec. 7(4), Nov. 1, 2000, 114 Stat. 1745.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Science Foundation Act of 1950, referred to in
    subsec. (c), is act May 10, 1950, ch. 171, 64 Stat. 149, as
    amended, which is classified generally to chapter 16 (Sec. 1861 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1861 of Title 42 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 9 of Pub. L. 96-480 was renumbered section 10 and
    is classified to section 3708 of this title.

                                AMENDMENTS                            
      2000 - Subsecs. (a), (b). Pub. L. 106-404 made technical
    amendments to references in original act which appear in text as
    references to section 3705 of this title.
      1986 - Subsec. (a). Pub. L. 99-502 substituted "Cooperative
    Research Centers" for "Centers for Industrial Technology" and
    struck out last sentence which read as follows: "The provisions of
    sections 3705(e) and 3705(f) of this title shall apply to Centers
    established under this section."

-End-

-CITE-
    15 USC Sec. 3708                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3708. Administrative arrangements

-STATUTE-
     (a) Coordination
      The Secretary and the National Science Foundation shall, on a
    continuing basis, obtain the advice and cooperation of departments
    and agencies whose missions contribute to or are affected by the
    programs established under this chapter, including the development
    of an agenda for research and policy experimentation. These
    departments and agencies shall include but not be limited to the
    Departments of Defense, Energy, Education, Health and Human
    Services, Housing and Urban Development, the Environmental
    Protection Agency, National Aeronautics and Space Administration,
    Small Business Administration, Council of Economic Advisers,
    Council on Environmental Quality, and Office of Science and
    Technology Policy.
    (b) Cooperation
      It is the sense of the Congress that departments and agencies,
    including the Federal laboratories, whose missions are affected by,
    or could contribute to, the programs established under this
    chapter, should, within the limits of budgetary authorizations and
    appropriations, support or participate in activities or projects
    authorized by this chapter.
    (c) Administrative authorization
      (1) Departments and agencies described in subsection (b) of this
    section are authorized to participate in, contribute to, and serve
    as resources for the Centers and for any other activities
    authorized under this chapter.
      (2) The Secretary and the National Science Foundation are
    authorized to receive moneys and to receive other forms of
    assistance from other departments or agencies to support activities
    of the Centers and any other activities authorized under this
    chapter.
    (d) Cooperative efforts
      The Secretary and the National Science Foundation shall, on a
    continuing basis, provide each other the opportunity to comment on
    any proposed program of activity under section 3705, 3707, 3710,
    3710d, 3711a, or 3712 of this title before funds are committed to
    such program in order to mount complementary efforts and avoid
    duplication.

-SOURCE-
    (Pub. L. 96-480, Sec. 10, formerly Sec. 9, Oct. 21, 1980, 94 Stat.
    2316; Pub. L. 99-502, Sec. 9(e)(2)(C), Oct. 20, 1986, 100 Stat.
    1797; Pub. L. 100-107, Sec. 3(b), Aug. 20, 1987, 101 Stat. 727;
    renumbered Sec. 10 and amended Pub. L. 100-418, title V, Sec.
    5122(a)(1), (c), Aug. 23, 1988, 102 Stat. 1438, 1439; Pub. L. 102-
    240, title VI, Sec. 6019, Dec. 18, 1991, 105 Stat. 2183.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10 of Pub. L. 96-480 was renumbered section 11
    and is classified to section 3710 of this title.
      Another prior section 10 of Pub. L. 96-480 related to National
    Industrial Technology Board and was classified to section 3709 of
    this title, prior to repeal by section 9(a) of Pub. L. 99-502.

                                AMENDMENTS                            
      1991 - Subsec. (d). Pub. L. 102-240 made technical amendment to
    reference to section 3712 of this title to reflect renumbering of
    corresponding section of original act.
      1988 - Subsec. (d). Pub. L. 100-418, Sec. 5122(c), made technical
    amendment to references to sections 3705, 3707, 3710, 3710d, 3711a,
    and 3712 of this title to reflect renumbering of corresponding
    sections of original act.
      1987 - Subsec. (d). Pub. L. 100-107 inserted reference to section
    3711a of this title.
      1986 - Subsec. (d). Pub. L. 99-502 inserted references to
    sections 3710 and 3710d of this title.

-End-

-CITE-
    15 USC Sec. 3709                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3709. Repealed.

-MISC1-
    Sec. 3709. Repealed. Pub. L. 99-502, Sec. 9(a), Oct. 20, 1986, 100
      Stat. 1795.
      Section, Pub. L. 96-480, Sec. 10, Oct. 21, 1980, 94 Stat. 2317,
    related to establishment, duties, membership, and terms of National
    Industrial Technology Board.

-End-

-CITE-
    15 USC Sec. 3710                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3710. Utilization of Federal technology

-STATUTE-
    (a) Policy
      (1) It is the continuing responsibility of the Federal Government
    to ensure the full use of the results of the Nation's Federal
    investment in research and development. To this end the Federal
    Government shall strive where appropriate to transfer federally
    owned or originated technology to State and local governments and
    to the private sector.
      (2) Technology transfer, consistent with mission
    responsibilities, is a responsibility of each laboratory science
    and engineering professional.
      (3) Each laboratory director shall ensure that efforts to
    transfer technology are considered positively in laboratory job
    descriptions, employee promotion policies, and evaluation of the
    job performance of scientists and engineers in the laboratory.
    (b) Establishment of Research and Technology Applications Offices
      Each Federal laboratory shall establish an Office of Research and
    technology Applications. Laboratories having existing
    organizational structures which perform the functions of this
    section may elect to combine the Office of Research and Technology
    Applications within the existing organization. The staffing and
    funding levels for these offices shall be determined between each
    Federal laboratory and the Federal agency operating or directing
    the laboratory, except that (1) each laboratory having 200 or more
    full-time equivalent scientific, engineering, and related technical
    positions shall provide one or more full-time equivalent positions
    as staff for its Office of Research and Technology Applications,
    and (2) each Federal agency which operates or directs one or more
    Federal laboratories shall make available sufficient funding,
    either as a separate line item or from the agency's research and
    development budget, to support the technology transfer function at
    the agency and at its laboratories, including support of the
    Offices of Research and Technology Applications. Furthermore,
    individuals filling positions in an Office of Research and
    Technology Applications shall be included in the overall
    laboratory/agency management development program so as to ensure
    that highly competent technical managers are full participants in
    the technology transfer process.
    (c) Functions of Research and Technology Applications Offices
      It shall be the function of each Office of Research and
    Technology Applications - 
        (1) to prepare application assessments for selected research
      and development projects in which that laboratory is engaged and
      which in the opinion of the laboratory may have potential
      commercial applications;
        (2) to provide and disseminate information on federally owned
      or originated products, processes, and services having potential
      application to State and local governments and to private
      industry;
        (3) to cooperate with and assist the National Technical
      Information Service, the Federal Laboratory Consortium for
      Technology Transfer, and other organizations which link the
      research and development resources of that laboratory and the
      Federal Government as a whole to potential users in State and
      local government and private industry;
        (4) to provide technical assistance to State and local
      government officials; and
        (5) to participate, where feasible, in regional, State, and
      local programs designed to facilitate or stimulate the transfer
      of technology for the benefit of the region, State, or local
      jurisdiction in which the Federal laboratory is located.

    Agencies which have established organizational structures outside
    their Federal laboratories which have as their principal purpose
    the transfer of federally owned or originated technology to State
    and local government and to the private sector may elect to perform
    the functions of this subsection in such organizational structures.
    No Office of Research and Technology Applications or other
    organizational structures performing the functions of this
    subsection shall substantially compete with similar services
    available in the private sector.
    (d) Dissemination of technical information
      The National Technical Information Service shall - 
        (1) serve as a central clearinghouse for the collection,
      dissemination and transfer of information on federally owned or
      originated technologies having potential application to State and
      local governments and to private industry;
        (2) utilize the expertise and services of the National Science
      Foundation and the Federal Laboratory Consortium for Technology
      Transfer; particularly in dealing with State and local
      governments;
        (3) receive requests for technical assistance from State and
      local governments, respond to such requests with published
      information available to the Service, and refer such requests to
      the Federal Laboratory Consortium for Technology Transfer to the
      extent that such requests require a response involving more than
      the published information available to the Service;
        (4) provide funding, at the discretion of the Secretary, for
      Federal laboratories to provide the assistance specified in
      subsection (c)(3) of this section;
        (5) use appropriate technology transfer mechanisms such as
      personnel exchanges and computer-based systems; and
        (6) maintain a permanent archival repository and clearinghouse
      for the collection and dissemination of nonclassified scientific,
      technical, and engineering information.
    (e) Establishment of Federal Laboratory Consortium for Technology
      Transfer
      (1) There is hereby established the Federal Laboratory Consortium
    for Technology Transfer (hereinafter referred to as the
    "Consortium") which, in cooperation with Federal laboratories and
    the private sector, shall - 
        (A) develop and (with the consent of the Federal laboratory
      concerned) administer techniques, training courses, and materials
      concerning technology transfer to increase the awareness of
      Federal laboratory employees regarding the commercial potential
      of laboratory technology and innovations;
        (B) furnish advice and assistance requested by Federal agencies
      and laboratories for use in their technology transfer programs
      (including the planning of seminars for small business and other
      industry);
        (C) provide a clearinghouse for requests, received at the
      laboratory level, for technical assistance from States and units
      of local governments, businesses, industrial development
      organizations, not-for-profit organizations including
      universities, Federal agencies and laboratories, and other
      persons, and - 
          (i) to the extent that such requests can be responded to with
        published information available to the National Technical
        Information Service, refer such requests to that Service, and
          (ii) otherwise refer these requests to the appropriate
        Federal laboratories and agencies;

        (D) facilitate communication and coordination between Offices
      of Research and Technology Applications of Federal laboratories;
        (E) utilize (with the consent of the agency involved) the
      expertise and services of the National Science Foundation, the
      Department of Commerce, the National Aeronautics and Space
      Administration, and other Federal agencies, as necessary;
        (F) with the consent of any Federal laboratory, facilitate the
      use by such laboratory of appropriate technology transfer
      mechanisms such as personnel exchanges and computer-based
      systems;
        (G) with the consent of any Federal laboratory, assist such
      laboratory to establish programs using technical volunteers to
      provide technical assistance to communities related to such
      laboratory;
        (H) facilitate communication and cooperation between Offices of
      Research and Technology Applications of Federal laboratories and
      regional, State, and local technology transfer organizations;
        (I) when requested, assist colleges or universities,
      businesses, nonprofit organizations, State or local governments,
      or regional organizations to establish programs to stimulate
      research and to encourage technology transfer in such areas as
      technology program development, curriculum design, long-term
      research planning, personnel needs projections, and productivity
      assessments;
        (J) seek advice in each Federal laboratory consortium region
      from representatives of State and local governments, large and
      small business, universities, and other appropriate persons on
      the effectiveness of the program (and any such advice shall be
      provided at no expense to the Government); and
        (K) work with the Director of the National Institute on
      Disability and Rehabilitation Research to compile a compendium of
      current and projected Federal Laboratory technologies and
      projects that have or will have an intended or recognized impact
      on the available range of assistive technology for individuals
      with disabilities (as defined in section 3002 of title 29),
      including technologies and projects that incorporate the
      principles of universal design (as defined in section 3002 of
      title 29), as appropriate.

      (2) The membership of the Consortium shall consist of the Federal
    laboratories described in clause (1) of subsection (b) of this
    section and such other laboratories as may choose to join the
    Consortium. The representatives to the Consortium shall include a
    senior staff member of each Federal laboratory which is a member of
    the Consortium and a senior representative appointed from each
    Federal agency with one or more member laboratories.
      (3) The representatives to the Consortium shall elect a Chairman
    of the Consortium.
      (4) The Director of the National Institute of Standards and
    Technology shall provide the Consortium, on a reimbursable basis,
    with administrative services, such as office space, personnel, and
    support services of the Institute, as requested by the Consortium
    and approved by such Director.
      (5) Each Federal laboratory or agency shall transfer technology
    directly to users or representatives of users, and shall not
    transfer technology directly to the Consortium. Each Federal
    laboratory shall conduct and transfer technology only in accordance
    with the practices and policies of the Federal agency which owns,
    leases, or otherwise uses such Federal laboratory.
      (6) Not later than one year after October 20, 1986, and every
    year thereafter, the Chairman of the Consortium shall submit a
    report to the President, to the appropriate authorization and
    appropriation committees of both Houses of the Congress, and to
    each agency with respect to which a transfer of funding is made
    (for the fiscal year or years involved) under paragraph (7),
    concerning the activities of the Consortium and the expenditures
    made by it under this subsection during the year for which the
    report is made. Such report shall include an annual independent
    audit of the financial statements of the Consortium, conducted in
    accordance with generally accepted accounting principles.
      (7)(A) Subject to subparagraph (B), an amount equal to 0.008
    percent of the budget of each Federal agency from any Federal
    source, including related overhead, that is to be utilized by or on
    behalf of the laboratories of such agency for a fiscal year
    referred to in subparagraph (B)(ii) shall be transferred by such
    agency to the National Institute of Standards and Technology at the
    beginning of the fiscal year involved. Amounts so transferred shall
    be provided by the Institute to the Consortium for the purpose of
    carrying out activities of the Consortium under this subsection.
      (B) A transfer shall be made by any Federal agency under
    subparagraph (A), for any fiscal year, only if the amount so
    transferred by that agency (as determined under such subparagraph)
    would exceed $10,000.
      (C) The heads of Federal agencies and their designees, and the
    directors of Federal laboratories, may provide such additional
    support for operations of the Consortium as they deem appropriate.
    (f) Agency reports on utilization
      (1) In general
        Each Federal agency which operates or directs one or more
      Federal laboratories or which conducts activities under sections
      207 and 209 of title 35 shall report annually to the Office of
      Management and Budget, as part of the agency's annual budget
      submission, on the activities performed by that agency and its
      Federal laboratories under the provisions of this section and of
      sections 207 and 209 of title 35.
      (2) Contents
        The report shall include - 
          (A) an explanation of the agency's technology transfer
        program for the preceding fiscal year and the agency's plans
        for conducting its technology transfer function, including its
        plans for securing intellectual property rights in laboratory
        innovations with commercial promise and plans for managing its
        intellectual property so as to advance the agency's mission and
        benefit the competitiveness of United States industry; and
          (B) information on technology transfer activities for the
        preceding fiscal year, including - 
            (i) the number of patent applications filed;
            (ii) the number of patents received;
            (iii) the number of fully-executed licenses which received
          royalty income in the preceding fiscal year, categorized by
          whether they are exclusive, partially-exclusive, or non-
          exclusive, and the time elapsed from the date on which the
          license was requested by the licensee in writing to the date
          the license was executed;
            (iv) the total earned royalty income including such
          statistical information as the total earned royalty income,
          of the top 1 percent, 5 percent, and 20 percent of the
          licenses, the range of royalty income, and the median, except
          where disclosure of such information would reveal the amount
          of royalty income associated with an individual license or
          licensee;
            (v) what disposition was made of the income described in
          clause (iv);
            (vi) the number of licenses terminated for cause; and
            (vii) any other parameters or discussion that the agency
          deems relevant or unique to its practice of technology
          transfer.
      (3) Copy to Secretary; Attorney General; Congress
        The agency shall transmit a copy of the report to the Secretary
      of Commerce and the Attorney General for inclusion in the annual
      report to Congress and the President required by subsection
      (g)(2) of this section.
      (4) Public availability
        Each Federal agency reporting under this subsection is also
      strongly encouraged to make the information contained in such
      report available to the public through Internet sites or other
      electronic means.
    (g) Functions of Secretary
      (1) The Secretary, through the Under Secretary, and in
    consultation with other Federal agencies, may - 
        (A) make available to interested agencies the expertise of the
      Department of Commerce regarding the commercial potential of
      inventions and methods and options for commercialization which
      are available to the Federal laboratories, including research and
      development limited partnerships;
        (B) develop and disseminate to appropriate agency and
      laboratory personnel model provisions for use on a voluntary
      basis in cooperative research and development arrangements; and
        (C) furnish advice and assistance, upon request, to Federal
      agencies concerning their cooperative research and development
      programs and projects.

      (2) Reports. - 
        (A) Annual report required. - The Secretary, in consultation
      with the Attorney General and the Commissioner of Patents and
      Trademarks, shall submit each fiscal year, beginning 1 year after
      November 1, 2000, a summary report to the President, the United
      States Trade Representative, and the Congress on the use by
      Federal agencies and the Secretary of the technology transfer
      authorities specified in this chapter and in sections 207 and 209
      of title 35.
        (B) Content. - The report shall - 
          (i) draw upon the reports prepared by the agencies under
        subsection (f) of this section;
          (ii) discuss technology transfer best practices and effective
        approaches in the licensing and transfer of technology in the
        context of the agencies' missions; and
          (iii) discuss the progress made toward development of
        additional useful measures of the outcomes of technology
        transfer programs of Federal agencies.

        (C) Public availability. - The Secretary shall make the report
      available to the public through Internet sites or other
      electronic means.

      (3) Not later than one year after October 20, 1986, the Secretary
    shall submit to the President and the Congress a report regarding -
    
        (A) any copyright provisions or other types of barriers which
      tend to restrict or limit the transfer of federally funded
      computer software to the private sector and to State and local
      governments, and agencies of such State and local governments;
      and
        (B) the feasibility and cost of compiling and maintaining a
      current and comprehensive inventory of all federally funded
      training software.
    (h) Duplication of reporting
      The reporting obligations imposed by this section - 
        (1) are not intended to impose requirements that duplicate
      requirements imposed by the Government Performance and Results
      Act of 1993 (31 U.S.C. 1101 note);
        (2) are to be implemented in coordination with the
      implementation of that Act; and
        (3) are satisfied if an agency provided the information
      concerning technology transfer activities described in this
      section in its annual submission under the Government Performance
      and Results Act of 1993 (31 U.S.C. 1101 note).
    (i) Research equipment
      The Director of a laboratory, or the head of any Federal agency
    or department, may loan, lease, or give research equipment that is
    excess to the needs of the laboratory, agency, or department to an
    educational institution or nonprofit organization for the conduct
    of technical and scientific education and research activities.
    Title of ownership shall transfer with a gift under this section.

-SOURCE-
    (Pub. L. 96-480, Sec. 11, Oct. 21, 1980, 94 Stat. 2318; renumbered
    Sec. 10 and amended Pub. L. 99-502, Secs. 3-5, 9(e)(1), Oct. 20,
    1986, 100 Stat. 1787, 1789, 1791, 1797; renumbered Sec. 11 and
    amended Pub. L. 100-418, title V, Secs. 5115(b)(2), 5122(a)(1),
    5162(b), 5163(c)(1), (3), Aug. 23, 1988, 102 Stat. 1433, 1438,
    1450, 1451; Pub. L. 100-519, title II, Secs. 201(d)(3), 212(a)(4),
    Oct. 24, 1988, 102 Stat. 2594, 2595; Pub. L. 101-189, div. C, title
    XXXI, Sec. 3133(e), Nov. 29, 1989, 103 Stat. 1679; Pub. L. 102-245,
    title III, Secs. 301, 303, Feb. 14, 1992, 106 Stat. 19, 20; Pub. L.
    104-66, title III, Sec. 3001(f), Dec. 21, 1995, 109 Stat. 734; Pub.
    L. 104-113, Secs. 3, 9, Mar. 7, 1996, 110 Stat. 775, 779; Pub. L.
    105-394, title II, Sec. 212(d), Nov. 13, 1998, 112 Stat. 3655; Pub.
    L. 106-404, Secs. 7(5), (6), 10(a), Nov. 1, 2000, 114 Stat. 1745-
    1747.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Government Performance and Results Act of 1993, referred to
    in subsec. (h), is Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,
    which enacted section 306 of Title 5, Government Organization and
    Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money
    and Finance, and sections 2801 to 2805 of Title 39, Postal Service,
    amended section 1105 of Title 31, and enacted provisions set out as
    notes under sections 1101 and 1115 of Title 31. For complete
    classification of this Act to the Code, see Short Title of 1993
    Amendment note set out under section 1101 of Title 31 and Tables.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (b). Pub. L. 106-404, Sec. 10(a)(1), struck out at
    end "The agency head shall submit to Congress at the time the
    President submits the budget to Congress an explanation of the
    agency's technology transfer program for the preceding year and the
    agency's plans for conducting its technology transfer function for
    the upcoming year, including plans for securing intellectual
    property rights in laboratory innovations with commercial promise
    and plans for managing such innovations so as to benefit the
    competitiveness of United States industry."
      Subsec. (e)(1). Pub. L. 106-404, Sec. 7(5), substituted "in
    cooperation with Federal laboratories" for "in cooperation with
    Federal Laboratories" in introductory provisions.
      Subsec. (f). Pub. L. 106-404, Sec. 10(a)(2), added subsec. (f).
      Subsec. (g)(2). Pub. L. 106-404, Sec. 10(a)(3), added par. (2)
    and struck out former par. (2) which read as follows: "Two years
    after October 20, 1986, and every two years thereafter, the
    Secretary shall submit a summary report to the President and the
    Congress on the use by the agencies and the Secretary of the
    authorities specified in this chapter. Other Federal agencies shall
    cooperate in the report's preparation."
      Subsec. (h). Pub. L. 106-404, Sec. 10(a)(4), added subsec. (h).
      Subsec. (i). Pub. L. 106-404, Sec. 7(6), substituted "a gift
    under this section" for "a gift under the section".
      1998 - Subsec. (e)(1)(K). Pub. L. 105-394 added subpar. (K).
      1996 - Subsec. (e)(7)(B). Pub. L. 104-113, Sec. 3, amended
    subpar. (B) generally. Prior to amendment, subpar. (B) read as
    follows: "A transfer shall be made by any Federal agency under
    subparagraph (A), for any fiscal year, only if - 
        "(i) the amount so transferred by that agency (as determined
      under such subparagraph) would exceed $10,000; and
        "(ii) such transfer is made with respect to the fiscal year
      1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, or 1996."
      Subsec. (i). Pub. L. 104-113, Sec. 9, inserted "loan, lease, or"
    before "give".
      1995 - Subsec. (f). Pub. L. 104-66 struck out heading and text of
    subsec. (f). Text read as follows: "Each Federal agency which
    operates or directs one or more Federal laboratories shall report
    annually to the Congress, as part of the agency's annual budget
    submission, on the activities performed by that agency and its
    Federal laboratories pursuant to the provisions of this section."
      1992 - Subsec. (e)(2). Pub. L. 102-245, Sec. 301(a), inserted
    "senior" before "representative".
      Subsec. (e)(6). Pub. L. 102-245, Sec. 301(b), inserted at end
    "Such report shall include an annual independent audit of the
    financial statements of the Consortium, conducted in accordance
    with generally accepted accounting principles."
      Subsec. (e)(7)(B)(ii). Pub. L. 102-245, Sec. 301(c), substituted
    "1991, 1992, 1993, 1994, 1995, or 1996" for "or 1991".
      Subsec. (e)(8). Pub. L. 102-245, Sec. 301(d), struck out former
    par. (8) which read as follows:
      "(A) The Consortium shall use 5 percent of the funds provided in
    paragraph (7)(A) to establish demonstration projects in technology
    transfer. To carry out such projects, the Consortium may arrange
    for grants or awards to, or enter into agreements with, nonprofit
    State, local, or private organizations or entities whose primary
    purposes are to facilitate cooperative research between the Federal
    laboratories and organizations not associated with the Federal
    laboratories, to transfer technology from the Federal laboratories,
    and to advance State and local economic activity.
      "(B) The demonstration projects established under subparagraph
    (A) shall serve as model programs. Such projects shall be designed
    to develop programs and mechanisms for technology transfer from the
    Federal laboratories which may be utilized by the States and which
    will enhance Federal, State, and local programs for the transfer of
    technology.
      "(C) Application for such grants, awards, or agreements shall be
    in such form and contain such information as the Consortium or its
    designee shall specify.
      "(D) Any person who receives or utilizes any proceeds of a grant
    or award made, or agreement entered into, under this paragraph
    shall keep such records as the Consortium or its designee shall
    determine are necessary and appropriate to facilitate effective
    audit and evaluation, including records which fully disclose the
    amount and disposition of such proceeds and the total cost of the
    project in connection with which such proceeds were used."
      Subsec. (i). Pub. L. 102-245, Sec. 303, added subsec. (i).
      1989 - Subsec. (b). Pub. L. 101-189 struck out "after September
    30, 1981," after "(2)", substituted "sufficient funding, either as
    a separate line item or from the agency's research and development
    budget," for "not less than 0.5 percent of the agency's research
    and development budget", struck out "agency head may waive the
    requirement set forth in clause (2) of the preceding sentence. If
    the agency head waives such requirement, the" after "transfer
    process. The", and substituted "agency's technology transfer
    program for the preceding year and the agency's plans for
    conducting its technology transfer function for the upcoming year,
    including plans for securing intellectual property rights in
    laboratory innovations with commercial promise and plans for
    managing such innovations so as to benefit the competitiveness of
    United States industry" for "reasons for the waiver and alternate
    plans for conducting the technology transfer function at the
    agency".
      1988 - Subsec. (d)(6). Pub. L. 100-418, Sec. 5163(c)(3), added
    par. (6).
      Subsec. (e)(4). Pub. L. 100-418, Sec. 5115(b)(2), substituted
    "National Institute of Standards and Technology" for "National
    Bureau of Standards" and "Institute" for "Bureau".
      Subsec. (e)(7)(A). Pub. L. 100-418, Sec. 5162(b), substituted
    "0.008 percent of the budget of each Federal agency from any
    Federal source, including related overhead, that is to be utilized
    by or on behalf of" for "0.005 percent of that portion of the
    research and development budget of each Federal agency that is to
    be utilized by".
      Pub. L. 100-418, Sec. 5115(b)(2), substituted "National Institute
    of Standards and Technology" for "National Bureau of Standards" and
    "Institute" for "Bureau".
      Subsec. (g)(1). Pub. L. 100-519, Sec. 201(d)(3), inserted
    reference to the Under Secretary.
      Subsec. (h). Pub. L. 100-519, Sec. 212(a)(4), struck out subsec.
    (h) which read as follows: "None of the activities or functions of
    the National Technical Information Service which are not performed
    by contractors as of September 30, 1987, shall be contracted out or
    otherwise transferred from the Federal Government unless such
    transfer is expressly authorized by statute, or unless the value of
    all work performed under the contract and related contracts in each
    fiscal year does not exceed $250,000."
      Pub. L. 100-418, Sec. 5163(c)(1), added subsec. (h).
      1986 - Subsec. (a). Pub. L. 99-502, Sec. 4(a), designated
    existing provisions as par. (1) and added pars. (2) and (3).
      Subsec. (b). Pub. L. 99-502, Sec. 4(b)(1), substituted "200 or
    more full-time equivalent scientific, engineering, and related
    technical positions shall provide one or more full-time equivalent
    positions" for "a total annual budget exceeding $20,000,000 shall
    provide at least one professional individual full-time", inserted
    "Furthermore, individuals filling positions in an Office of
    Research and Technology Applications shall be included in the
    overall laboratory/agency management development program so as to
    ensure that highly competent technical managers are full
    participants in the technology transfer process.", substituted
    "requirement set forth in clause (2) of the preceding sentence" for
    "requirements set forth in (1) and/or (2) of this subsection", and
    substituted "such requirement" for "either requirement (1) or (2)".
      Subsec. (c)(1). Pub. L. 99-502, Sec. 4(b)(2)(A), added par. (1)
    and struck out former par. (1) which read as follows: "to prepare
    an application assessment of each research and development project
    in which that laboratory is engaged which has potential for
    successful application in State or local government or in private
    industry;".
      Subsec. (c)(3). Pub. L. 99-502, Sec. 4(b)(2)(B), substituted "the
    National Technical Information Service, the Federal Laboratory
    Consortium for Technology Transfer," for "the Center for the
    Utilization of Federal Technology" and struck out "and" after the
    semicolon.
      Subsec. (c)(4). Pub. L. 99-502, Sec. 4(b)(2)(C), substituted "to
    State and local government officials; and" for "in response to
    requests from State and local government officials.".
      Subsec. (c)(5). Pub. L. 99-502, Sec. 4(b)(2)(D), added par. (5).
      Subsec. (d). Pub. L. 99-502, Sec. 4(c)(1), substituted "The
    National Technical Information Service shall" for "There is hereby
    established in the Department of Commerce a Center for the
    Utilization of Federal Technology. The Center for the Utilization
    of Federal Technology shall" in introductory par.
      Subsec. (d)(2). Pub. L. 99-502, Sec. 4(c)(2), (3), redesignated
    par. (3) as (2) and struck out "existing" before "Federal
    Laboratory". Former par. (2), which required the Center for the
    Utilization of Federal Technology to coordinate the activities of
    the Offices of Research and Technology Applications of the Federal
    laboratories, was struck out.
      Subsec. (d)(3). Pub. L. 99-502, Sec. 4(c)(4), added par. (3).
    Former par. (3) redesignated (2).
      Subsec. (d)(4). Pub. L. 99-502, Sec. 4(c)(4)-(6), redesignated
    par. (5) as (4) and substituted "subsection (c)(3)" for "subsection
    (c)(4)". Former par. (4), which required the Center for the
    Utilization of Federal Technology to receive requests for technical
    assistance from State and local governments and refer those
    requests to the appropriate Federal laboratories, was struck out.
      Subsec. (d)(5), (6). Pub. L. 99-502, Sec. 4(c)(5), redesignated
    pars. (5) and (6) as (4) and (5), respectively.
      Subsecs. (e), (f). Pub. L. 99-502, Secs. 3, 4(d), added subsec.
    (e), redesignated former subsec. (e) as (f), substituted "report
    annually to the Congress, as part of the agency's annual budget
    submission, on the activities" for "prepare biennially a report
    summarizing the activities", and struck out "The report shall be
    transmitted to the Center for the Utilization of Federal Technology
    by November 1 of each year in which it is due.".
      Subsec. (g). Pub. L. 99-502, Sec. 5, added subsec. (g).

-EXEC-
     EX. ORD. NO. 12591. FACILITATING ACCESS TO SCIENCE AND TECHNOLOGY 
      Ex. Ord. No. 12591, Apr. 10, 1987, 52 F.R. 13414, as amended by
    Ex. Ord. No. 12618, Dec. 22, 1987, 52 F.R. 48661, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including the Federal
    Technology Transfer Act of 1986 (Public Law 99-502) [see Short
    Title of 1986 Amendments note set out under section 3701 of this
    title], the Trademark Clarification Act of 1984 (Public Law 98-620)
    [see Short Title of 1984 Amendment note set out under section 1051
    of this title], and the University and Small Business Patent
    Procedure Act of 1980 (Public Law 96-517) [see Tables for
    classification], and in order to ensure that Federal agencies and
    laboratories assist universities and the private sector in
    broadening our technology base by moving new knowledge from the
    research laboratory into the development of new products and
    processes, it is hereby ordered as follows:
      Section 1. Transfer of Federally Funded Technology.
      (a) The head of each Executive department and agency, to the
    extent permitted by law, shall encourage and facilitate
    collaboration among Federal laboratories, State and local
    governments, universities, and the private sector, particularly
    small business, in order to assist in the transfer of technology to
    the marketplace.
      (b) The head of each Executive department and agency shall,
    within overall funding allocations and to the extent permitted by
    law:
      (1) delegate authority to its government-owned, government-
    operated Federal laboratories:
      (A) to enter into cooperative research and development agreements
    with other Federal laboratories, State and local governments,
    universities, and the private sector; and
      (B) to license, assign, or waive rights to intellectual property
    developed by the laboratory either under such cooperative research
    or development agreements and from within individual laboratories.
      (2) identify and encourage persons to act as conduits between and
    among Federal laboratories, universities, and the private sector
    for the transfer of technology developed from federally funded
    research and development efforts;
      (3) ensure that State and local governments, universities, and
    the private sector are provided with information on the technology,
    expertise, and facilities available in Federal laboratories;
      (4) promote the commercialization, in accord with my Memorandum
    to the Heads of Executive Departments and Agencies of February 18,
    1983, of patentable results of federally funded research by
    granting to all contractors, regardless of size, the title to
    patents made in whole or in part with Federal funds, in exchange
    for royalty-free use by or on behalf of the government;
      (5) administer all patents and licenses to inventions made with
    federal assistance, which are owned by the non-profit contractor or
    grantee, in accordance with Section 202(c)(7) of Title 35 of the
    United States Code as amended by Public Law 98-620, without regard
    to limitations on licensing found in that section prior to
    amendment or in Institutional Patent Agreements now in effect that
    were entered into before that law was enacted on November 8, 1984,
    unless, in the case of an invention that has not been marketed, the
    funding agency determines, based on information in its files, that
    the contractor or grantee has not taken adequate steps to market
    the inventions, in accordance with applicable law or an
    Institutional Patent Agreement;
      (6) implement, as expeditiously as practicable, royalty-sharing
    programs with inventors who were employees of the agency at the
    time their inventions were made, and cash award programs; and
      (7) cooperate, under policy guidance provided by the Office of
    Federal Procurement Policy, with the heads of other affected
    departments and agencies in the development of a uniform policy
    permitting Federal contractors to retain rights to software,
    engineering drawings, and other technical data generated by Federal
    grants and contracts, in exchange for royalty-free use by or on
    behalf of the government.
      Sec. 2. Establishment of the Technology Share Program. The
    Secretaries of Agriculture, Commerce, Energy, and Health and Human
    Services and the Administrator of the National Aeronautics and
    Space Administration shall select one or more of their Federal
    laboratories to participate in the Technology Share Program.
    Consistent with its mission and policies and within its overall
    funding allocation in any year, each Federal laboratory so selected
    shall:
      (a) Identify areas of research and technology of potential
    importance to long-term national economic competitiveness and in
    which the laboratory possesses special competence and/or unique
    facilities;
      (b) Establish a mechanism through which the laboratory performs
    research in areas identified in Section 2(a) as a participant of a
    consortium composed of United States industries and universities.
    All consortia so established shall have, at a minimum, three
    individual companies that conduct the majority of their business in
    the United States; and
      (c) Limit its participation in any consortium so established to
    the use of laboratory personnel and facilities. However, each
    laboratory may also provide financial support generally not to
    exceed 25 percent of the total budget for the activities of the
    consortium. Such financial support by any laboratory in all such
    consortia shall be limited to a maximum of $5 million per annum.
      Sec. 3. Technology Exchange - Scientists and Engineers. The
    Executive Director of the President's Commission on Executive
    Exchange shall assist Federal agencies, where appropriate, by
    developing and implementing an exchange program whereby scientists
    and engineers in the private sector may take temporary assignments
    in Federal laboratories, and scientists and engineers in Federal
    laboratories may take temporary assignments in the private sector.
      Sec. 4. International Science and Technology. In order to ensure
    that the United States benefits from and fully exploits scientific
    research and technology developed abroad,
      (a) The head of each Executive department and agency, when
    negotiating or entering into cooperative research and development
    agreements and licensing arrangements with foreign persons or
    industrial organizations (where these entities are directly or
    indirectly controlled by a foreign company or government), shall,
    in consultation with the United States Trade Representative, give
    appropriate consideration:
      (1) to whether such foreign companies or governments permit and
    encourage United States agencies, organizations, or persons to
    enter into cooperative research and development agreements and
    licensing arrangements on a comparable basis;
      (2) to whether those foreign governments have policies to protect
    the United States intellectual property rights; and
      (3) where cooperative research will involve data, technologies,
    or products subject to national security export controls under the
    laws of the United States, to whether those foreign governments
    have adopted adequate measures to prevent the transfer of strategic
    technology to destinations prohibited under such national security
    export controls, either through participation in the Coordinating
    Committee for Multilateral Export Controls (COCOM) or through other
    international agreements to which the United States and such
    foreign governments are signatories.
      (b) The Secretary of State shall develop a recruitment policy
    that encourages scientists and engineers from other Federal
    agencies, academic institutions, and industry to apply for
    assignments in embassies of the United States; and
      (c) The Secretaries of State and Commerce and the Director of the
    National Science Foundation shall develop a central mechanism for
    the prompt and efficient dissemination of science and technology
    information developed abroad to users in Federal laboratories,
    academic institutions, and the private sector on a fee-for-service
    basis.
      Sec. 5. Technology Transfer from the Department of Defense.
    Within 6 months of the date of this Order [Apr. 10, 1987], the
    Secretary of Defense shall identify a list of funded technologies
    that would be potentially useful to United States industries and
    universities. The Secretary shall then accelerate efforts to make
    these technologies more readily available to United States
    industries and universities.
      Sec. 6. Basic Science and Technology Centers. The head of each
    Executive department and agency shall examine the potential for
    including the establishment of university research centers in
    engineering, science, or technology in the strategy and planning
    for any future research and development programs. Such university
    centers shall be jointly funded by the Federal Government, the
    private sector, and, where appropriate, the States and shall focus
    on areas of fundamental research and technology that are both
    scientifically promising and have the potential to contribute to
    the Nation's long-term economic competitiveness.
      Sec. 7. Reporting Requirements. (a) Within 1 year from the date
    of this Order [Apr. 10, 1987], the Director of the Office of
    Science and Technology Policy shall convene an interagency task
    force comprised of the heads of representative agencies and the
    directors of representative Federal laboratories, or their
    designees, in order to identify and disseminate creative approaches
    to technology transfer from Federal laboratories. The task force
    will report to the President on the progress of and problems with
    technology transfer from Federal laboratories.
      (b) Specifically, the report shall include:
      (1) a listing of current technology transfer programs and an
    assessment of the effectiveness of these programs;
      (2) identification of new or creative approaches to technology
    transfer that might serve as model programs for Federal
    laboratories;
      (3) criteria to assess the effectiveness and impact on the
    Nation's economy of planned or future technology transfer efforts;
    and
      (4) a compilation and assessment of the Technology Share Program
    established in Section 2 and, where appropriate, related
    cooperative research and development venture programs.
      Sec. 8. Relation to Existing Law. Nothing in this Order shall
    affect the continued applicability of any existing laws or
    regulations relating to the transfer of United States technology to
    other nations. The head of any Executive department or agency may
    exclude from consideration, under this Order, any technology that
    would be, if transferred, detrimental to the interests of national
    security.
                                                          Ronald Reagan.

-End-

-CITE-
    15 USC Sec. 3710a                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3710a. Cooperative research and development agreements

-STATUTE-
    (a) General authority
      Each Federal agency may permit the director of any of its
    Government-operated Federal laboratories, and, to the extent
    provided in an agency-approved joint work statement or, if
    permitted by the agency, in an agency-approved annual strategic
    plan, the director of any of its Government-owned, contractor-
    operated laboratories - 
        (1) to enter into cooperative research and development
      agreements on behalf of such agency (subject to subsection (c) of
      this section) with other Federal agencies; units of State or
      local government; industrial organizations (including
      corporations, partnerships, and limited partnerships, and
      industrial development organizations); public and private
      foundations; nonprofit organizations (including universities); or
      other persons (including licensees of inventions owned by the
      Federal agency); and
        (2) to negotiate licensing agreements under section 207 of
      title 35, or under other authorities (in the case of a Government-
      owned, contractor-operated laboratory, subject to subsection (c)
      of this section) for inventions made or other intellectual
      property developed at the laboratory and other inventions or
      other intellectual property that may be voluntarily assigned to
      the Government.
    (b) Enumerated authority
      (1) Under an agreement entered into pursuant to subsection (a)(1)
    of this section, the laboratory may grant, or agree to grant in
    advance, to a collaborating party patent licenses or assignments,
    or options thereto, in any invention made in whole or in part by a
    laboratory employee under the agreement, or, subject to section 209
    of title 35, may grant a license to an invention which is federally
    owned, for which a patent application was filed before the signing
    of the agreement, and directly within the scope of the work under
    the agreement, for reasonable compensation when appropriate. The
    laboratory shall ensure, through such agreement, that the
    collaborating party has the option to choose an exclusive license
    for a pre-negotiated field of use for any such invention under the
    agreement or, if there is more than one collaborating party, that
    the collaborating parties are offered the option to hold licensing
    rights that collectively encompass the rights that would be held
    under such an exclusive license by one party. In consideration for
    the Government's contribution under the agreement, grants under
    this paragraph shall be subject to the following explicit
    conditions:
        (A) A nonexclusive, nontransferable, irrevocable, paid-up
      license from the collaborating party to the laboratory to
      practice the invention or have the invention practiced throughout
      the world by or on behalf of the Government. In the exercise of
      such license, the Government shall not publicly disclose trade
      secrets or commercial or financial information that is privileged
      or confidential within the meaning of section 552(b)(4) of title
      5 or which would be considered as such if it had been obtained
      from a non-Federal party.
        (B) If a laboratory assigns title or grants an exclusive
      license to such an invention, the Government shall retain the
      right - 
          (i) to require the collaborating party to grant to a
        responsible applicant a nonexclusive, partially exclusive, or
        exclusive license to use the invention in the applicant's
        licensed field of use, on terms that are reasonable under the
        circumstances; or
          (ii) if the collaborating party fails to grant such a
        license, to grant the license itself.

        (C) The Government may exercise its right retained under
      subparagraph (B) only in exceptional circumstances and only if
      the Government determines that - 
          (i) the action is necessary to meet health or safety needs
        that are not reasonably satisfied by the collaborating party;
          (ii) the action is necessary to meet requirements for public
        use specified by Federal regulations, and such requirements are
        not reasonably satisfied by the collaborating party; or
          (iii) the collaborating party has failed to comply with an
        agreement containing provisions described in subsection
        (c)(4)(B) of this section.

      This determination is subject to administrative appeal and
      judicial review under section 203(2) (!1) of title 35.

      (2) Under agreements entered into pursuant to subsection (a)(1)
    of this section, the laboratory shall ensure that a collaborating
    party may retain title to any invention made solely by its employee
    in exchange for normally granting the Government a nonexclusive,
    nontransferable, irrevocable, paid-up license to practice the
    invention or have the invention practiced throughout the world by
    or on behalf of the Government for research or other Government
    purposes.
      (3) Under an agreement entered into pursuant to subsection (a)(1)
    of this section, a laboratory may - 
        (A) accept, retain, and use funds, personnel, services, and
      property from a collaborating party and provide personnel,
      services, and property to a collaborating party;
        (B) use funds received from a collaborating party in accordance
      with subparagraph (A) to hire personnel to carry out the
      agreement who will not be subject to full-time-equivalent
      restrictions of the agency;
        (C) to the extent consistent with any applicable agency
      requirements or standards of conduct, permit an employee or
      former employee of the laboratory to participate in an effort to
      commercialize an invention made by the employee or former
      employee while in the employment or service of the Government;
      and
        (D) waive, subject to reservation by the Government of a
      nonexclusive, irrevocable, paid-up license to practice the
      invention or have the invention practiced throughout the world by
      or on behalf of the Government, in advance, in whole or in part,
      any right of ownership which the Federal Government may have to
      any subject invention made under the agreement by a collaborating
      party or employee of a collaborating party.

      (4) A collaborating party in an exclusive license in any
    invention made under an agreement entered into pursuant to
    subsection (a)(1) of this section shall have the right of
    enforcement under chapter 29 of title 35.
      (5) A Government-owned, contractor-operated laboratory that
    enters into a cooperative research and development agreement
    pursuant to subsection (a)(1) of this section may use or obligate
    royalties or other income accruing to the laboratory under such
    agreement with respect to any invention only - 
        (A) for payments to inventors;
        (B) for purposes described in clauses (i), (ii), (iii), and
      (iv) of section 3710c(a)(1)(B) of this title; and
        (C) for scientific research and development consistent with the
      research and development missions and objectives of the
      laboratory.

      (6)(A) In the case of a laboratory that is part of the National
    Nuclear Security Administration, a designated official of that
    Administration may waive any license retained by the Government
    under paragraph (1)(A), (2), or (3)(D), in whole or in part and
    according to negotiated terms and conditions, if the designated
    official finds that the retention of the license by the Government
    would substantially inhibit the commercialization of an invention
    that would otherwise serve an important national security mission.
      (B) The authority to grant a waiver under subparagraph (A) shall
    expire on the date that is five years after October 30, 2000. The
    expiration under the preceding sentence of authority to grant a
    waiver under subparagraph (A) shall not affect any waiver granted
    under that subparagraph before the expiration of such authority.
      (C) Not later than February 15 of each year, the Administrator
    for Nuclear Security shall submit to Congress a report on any
    waivers granted under this paragraph during the preceding year.
    (c) Contract considerations
      (1) A Federal agency may issue regulations on suitable procedures
    for implementing the provisions of this section; however,
    implementation of this section shall not be delayed until issuance
    of such regulations.
      (2) The agency in permitting a Federal laboratory to enter into
    agreements under this section shall be guided by the purposes of
    this chapter.
      (3)(A) Any agency using the authority given it under subsection
    (a) of this section shall review standards of conduct for its
    employees for resolving potential conflicts of interest to make
    sure they adequately establish guidelines for situations likely to
    arise through the use of this authority, including but not limited
    to cases where present or former employees or their partners
    negotiate licenses or assignments of titles to inventions or
    negotiate cooperative research and development agreements with
    Federal agencies (including the agency with which the employee
    involved is or was formerly employed).
      (B) If, in implementing subparagraph (A), an agency is unable to
    resolve potential conflicts of interest within its current
    statutory framework, it shall propose necessary statutory changes
    to be forwarded to its authorizing committees in Congress.
      (4) The laboratory director in deciding what cooperative research
    and development agreements to enter into shall - 
        (A) give special consideration to small business firms, and
      consortia involving small business firms; and
        (B) give preference to business units located in the United
      States which agree that products embodying inventions made under
      the cooperative research and development agreement or produced
      through the use of such inventions will be manufactured
      substantially in the United States and, in the case of any
      industrial organization or other person subject to the control of
      a foreign company or government, as appropriate, take into
      consideration whether or not such foreign government permits
      United States agencies, organizations, or other persons to enter
      into cooperative research and development agreements and
      licensing agreements.

      (5)(A) If the head of the agency or his designee desires an
    opportunity to disapprove or require the modification of any such
    agreement presented by the director of a Government-operated
    laboratory, the agreement shall provide a 30-day period within
    which such action must be taken beginning on the date the agreement
    is presented to him or her by the head of the laboratory concerned.
      (B) In any case in which the head of an agency or his designee
    disapproves or requires the modification of an agreement presented
    by the director of a Government-operated laboratory under this
    section, the head of the agency or such designee shall transmit a
    written explanation of such disapproval or modification to the head
    of the laboratory concerned.
      (C)(i) Any non-Federal entity that operates a laboratory pursuant
    to a contract with a Federal agency shall submit to the agency any
    cooperative research and development agreement that the entity
    proposes to enter into and the joint work statement if required
    with respect to that agreement.
      (ii) A Federal agency that receives a proposed agreement and
    joint work statement under clause (i) shall review and approve,
    request specific modifications to, or disapprove the proposed
    agreement and joint work statement within 30 days after such
    submission. No agreement may be entered into by a Government-owned,
    contractor-operated laboratory under this section before both
    approval of the agreement and approval of a joint work statement
    under this clause.
      (iii) In any case in which an agency which has contracted with an
    entity referred to in clause (i) disapproves or requests the
    modification of a cooperative research and development agreement or
    joint work statement submitted under that clause, the agency shall
    transmit a written explanation of such disapproval or modification
    to the head of the laboratory concerned.
      (iv) Any agency that has contracted with a non-Federal entity to
    operate a laboratory may develop and provide to such laboratory one
    or more model cooperative research and development agreements for
    purposes of standardizing practices and procedures, resolving
    common legal issues, and enabling review of cooperative research
    and development agreements to be carried out in a routine and
    prompt manner.
      (v) A Federal agency may waive the requirements of clause (i) or
    (ii) under such circumstances as the agency considers appropriate.
      (6) Each agency shall maintain a record of all agreements entered
    into under this section.
      (7)(A) No trade secrets or commercial or financial information
    that is privileged or confidential, under the meaning of section
    552(b)(4) of title 5, which is obtained in the conduct of research
    or as a result of activities under this chapter from a non-Federal
    party participating in a cooperative research and development
    agreement shall be disclosed.
      (B) The director, or in the case of a contractor-operated
    laboratory, the agency, for a period of up to 5 years after
    development of information that results from research and
    development activities conducted under this chapter and that would
    be a trade secret or commercial or financial information that is
    privileged or confidential if the information had been obtained
    from a non-Federal party participating in a cooperative research
    and development agreement, may provide appropriate protections
    against the dissemination of such information, including exemption
    from subchapter II of chapter 5 of title 5.
    (d) Definitions
      As used in this section - 
        (1) the term "cooperative research and development agreement"
      means any agreement between one or more Federal laboratories and
      one or more non-Federal parties under which the Government,
      through its laboratories, provides personnel, services,
      facilities, equipment, intellectual property, or other resources
      with or without reimbursement (but not funds to non-Federal
      parties) and the non-Federal parties provide funds, personnel,
      services, facilities, equipment, intellectual property, or other
      resources toward the conduct of specified research or development
      efforts which are consistent with the missions of the laboratory;
      except that such term does not include a procurement contract or
      cooperative agreement as those terms are used in sections 6303,
      6304, and 6305 of title 31;
        (2) the term "laboratory" means - 
          (A) a facility or group of facilities owned, leased, or
        otherwise used by a Federal agency, a substantial purpose of
        which is the performance of research, development, or
        engineering by employees of the Federal Government;
          (B) a group of Government-owned, contractor-operated
        facilities (including a weapon production facility of the
        Department of Energy) under a common contract, when a
        substantial purpose of the contract is the performance of
        research and development, or the production, maintenance,
        testing, or dismantlement of a nuclear weapon or its
        components, for the Federal Government; and
          (C) a Government-owned, contractor-operated facility
        (including a weapon production facility of the Department of
        Energy) that is not under a common contract described in
        subparagraph (B), and the primary purpose of which is the
        performance of research and development, or the production,
        maintenance, testing, or dismantlement of a nuclear weapon or
        its components, for the Federal Government,

      but such term does not include any facility covered by Executive
      Order No. 12344, dated February 1, 1982, pertaining to the naval
      nuclear propulsion program;
        (3) the term "joint work statement" means a proposal prepared
      for a Federal agency by the director of a Government-owned,
      contractor-operated laboratory describing the purpose and scope
      of a proposed cooperative research and development agreement, and
      assigning rights and responsibilities among the agency, the
      laboratory, and any other party or parties to the proposed
      agreement; and
        (4) the term "weapon production facility of the Department of
      Energy" means a facility under the control or jurisdiction of the
      Secretary of Energy that is operated for national security
      purposes and is engaged in the production, maintenance, testing,
      or dismantlement of a nuclear weapon or its components.
    (e) Determination of laboratory missions
      For purposes of this section, an agency shall make separate
    determinations of the mission or missions of each of its
    laboratories.
    (f) Relationship to other laws
      Nothing in this section is intended to limit or diminish existing
    authorities of any agency.
    (g) Principles
      In implementing this section, each agency which has contracted
    with a non-Federal entity to operate a laboratory shall be guided
    by the following principles:
        (1) The implementation shall advance program missions at the
      laboratory, including any national security mission.
        (2) Classified information and unclassified sensitive
      information protected by law, regulation, or Executive order
      shall be appropriately safeguarded.

-SOURCE-
    (Pub. L. 96-480, Sec. 12, as added and renumbered Sec. 11, Pub. L.
    99-502, Secs. 2, 9(e)(1), Oct. 20, 1986, 100 Stat. 1785, 1797;
    renumbered Sec. 12, Pub. L. 100-418, title V, Sec. 5122(a)(1), Aug.
    23, 1988, 102 Stat. 1438; amended Pub. L. 100-519, title III, Sec.
    301, Oct. 24, 1988, 102 Stat. 2597; Pub. L. 101-189, div. C, title
    XXXI, Sec. 3133(a), (b), Nov. 29, 1989, 103 Stat. 1675, 1677; Pub.
    L. 102-25, title VII, Sec. 705(g), Apr. 6, 1991, 105 Stat. 121;
    Pub. L. 102-245, title III, Sec. 302(a), Feb. 14, 1992, 106 Stat.
    20; Pub. L. 102-484, div. C, title XXXI, Sec. 3135(a), Oct. 23,
    1992, 106 Stat. 2640; Pub. L. 103-160, div. C, title XXXI, Sec.
    3160, Nov. 30, 1993, 107 Stat. 1957; Pub. L. 104-113, Sec. 4, Mar.
    7, 1996, 110 Stat. 775; Pub. L. 106-398, Sec. 1 [div. C, title
    XXXI, Sec. 3196], Oct. 30, 2000, 114 Stat. 1654, 1654A-481; Pub. L.
    106-404, Sec. 3, Nov. 1, 2000, 114 Stat. 1742.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 203(2) of title 35, referred to in subsec. (b)(1)(C), was
    redesignated section 203(b) of title 35 by Pub. L. 107-273, div. C,
    title III, Sec. 13206(a)(14)(A)(i), Nov. 2, 2002, 116 Stat. 1905.
      Executive Order No. 12344, referred to in subsec. (d)(2), is set
    out as a note under section 2511 of Title 50, War and National
    Defense.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [div. C, title XXXI,
    Sec. 3196(a)], substituted "joint work statement or, if permitted
    by the agency, in an agency-approved annual strategic plan," for
    "joint work statement," in introductory provisions.
      Subsec. (b)(1). Pub. L. 106-404, in first sentence, inserted "or,
    subject to section 209 of title 35, may grant a license to an
    invention which is federally owned, for which a patent application
    was filed before the signing of the agreement, and directly within
    the scope of the work under the agreement," after "under the
    agreement,".
      Subsec. (b)(6). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.
    3196(b)], added par. (6).
      Subsec. (c)(5)(C), (D). Pub. L. 106-398, Sec. 1 [div. C, title
    XXXI, Sec. 3196(c)], redesignated subpar. (D) as (C), struck out
    "with a small business firm" after "enter into" and inserted "if"
    after "statement" in cl. (i), added cls. (iv) and (v), and struck
    out former subpar. (C) which related to the duties of an agency
    which has contracted with a non-Federal entity to operate a
    laboratory with respect to review and approval of joint work
    statements and agreements under this section and with respect to
    providing the entity with model cooperative research and
    development agreements.
      1996 - Subsec. (b). Pub. L. 104-113 amended subsec. (b)
    generally, to require that laboratory ensure that collaborating
    party be provided option of choosing exclusive license for pre-
    negotiated field of use for any invention under agreement or that
    collaborating party be offered option of holding licensing rights
    that collectively encompass rights that would be held under such
    exclusive license by one party, to set forth explicit conditions
    that grants under par. (1) were to be subject to, and to require
    laboratory to ensure that collaborating party might retain title to
    any invention made solely by its employee in exchange for normally
    granting Government nonexclusive, nontransferable, irrevocable,
    paid-up license to practice invention by or on behalf of Government
    for research or for other Government purposes.
      1993 - Subsec. (d)(2)(B). Pub. L. 103-160, Sec. 3160(1), inserted
    "(including a weapon production facility of the Department of
    Energy)" after "facilities" and ", or the production, maintenance,
    testing, or dismantlement of a nuclear weapon or its components,"
    after "research and development".
      Subsec. (d)(2)(C). Pub. L. 103-160, Sec. 3160(2), inserted
    "(including a weapon production facility of the Department of
    Energy)" after "facility" and ", or the production, maintenance,
    testing, or dismantlement of a nuclear weapon or its components,"
    after "research and development".
      Subsec. (d)(4). Pub. L. 103-160, Sec. 3160(3)-(5), added par.
    (4).
      1992 - Subsec. (c)(5)(C)(i). Pub. L. 102-484, Sec. 3135(a)(1),
    substituted "Except as provided in subparagraph (D), any agency"
    for "Any agency".
      Subsec. (c)(5)(D). Pub. L. 102-484, Sec. 3135(a)(2), added
    subpar. (D).
      Subsec. (d)(1). Pub. L. 102-245 inserted "intellectual property,"
    after "equipment," in two places.
      1991 - Subsec. (d)(2). Pub. L. 102-25 substituted "naval" for
    "Naval" in concluding provisions.
      1989 - Subsec. (a). Pub. L. 101-189, Sec. 3133(a)(1)(A), inserted
    ", and, to the extent provided in an agency-approved joint work
    statement, the director of any of its Government-owned, contractor-
    operated laboratories" after "Government-operated Federal
    laboratories" in introductory provisions.
      Subsec. (a)(2). Pub. L. 101-189, Sec. 3133(a)(1)(B), (C),
    substituted "(in the case of a Government-owned, contractor-
    operated laboratory, subject to subsection (c) of this section)
    for" for "for Government-owned" and struck out "of Federal
    employees" before "that may be voluntarily".
      Subsec. (b). Pub. L. 101-189, Sec. 3133(a)(2)(A), (C), inserted
    ", and, to the extent provided in an agency-approved joint work
    statement, a Government-owned, contractor-operated laboratory,"
    after "Government-operated Federal laboratory" in introductory
    provisions and inserted concluding provisions "A Government-owned,
    contractor-operated laboratory that enters into a cooperative
    research and development agreement under subsection (a)(1) of this
    section may use or obligate royalties or other income accruing to
    such laboratory under such agreement with respect to any invention
    only (i) for payments to inventors; (ii) for the purposes described
    in section 3710c(a)(1)(B)(i), (ii), and (iv) of this title; and
    (iii) for scientific research and development consistent with the
    research and development mission and objectives of the laboratory."
      Subsec. (b)(2). Pub. L. 101-189, Sec. 3133(a)(2)(B), substituted
    "a laboratory employee" for "a Federal employee".
      Subsec. (c)(3)(A). Pub. L. 101-189, Sec. 3133(a)(3), substituted
    "standards of conduct for its employees" for "employee standards of
    conduct".
      Subsec. (c)(5)(A). Pub. L. 101-189, Sec. 3133(a)(4), inserted
    "presented by the director of a Government-operated laboratory"
    after "any such agreement".
      Subsec. (c)(5)(B). Pub. L. 101-189, Sec. 3133(a)(5), inserted "by
    the director of a Government-operated laboratory" after "an
    agreement presented".
      Subsec. (c)(5)(C). Pub. L. 101-189, Sec. 3133(a)(6), added
    subpar. (C).
      Subsec. (c)(7). Pub. L. 101-189, Sec. 3133(a)(7), added par. (7).
      Subsec. (d)(2). Pub. L. 101-189, Sec. 3133(a)(8)(B), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "the
    term 'laboratory' means a facility or group of facilities owned,
    leased, or otherwise used by a Federal agency, a substantial
    purpose of which is the performance of research, development, or
    engineering by employees of the Federal Government."
      Subsec. (d)(3). Pub. L. 101-189, Sec. 3133(a)(8)(A), (C), added
    par. (3).
      Subsec. (g). Pub. L. 101-189, Sec. 3133(b), added subsec. (g).
      1988 - Subsec. (a)(2). Pub. L. 100-519, Sec. 301(1), substituted
    "or other intellectual property developed at the laboratory and
    other inventions or other intellectual property" for "at the
    laboratory and other inventions".
      Subsec. (b)(4), (5). Pub. L. 100-519, Sec. 301(2), added par. (4)
    and redesignated former par. (4) as (5).

    REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT PROCEDURES
      Pub. L. 106-404, Sec. 8, Nov. 1, 2000, 114 Stat. 1746, provided
    that:
      "(a) Review. - Within 90 days after the date of the enactment of
    this Act [Nov. 1, 2000], each Federal agency with a federally
    funded laboratory that has in effect on that date of the enactment
    one or more cooperative research and development agreements under
    section 12 of the Stevenson-Wydler Technology Innovation Act of
    1980 (15 U.S.C. 3710a) shall report to the Committee on National
    Security of the National Science and Technology Council and the
    Congress on the general policies and procedures used by that agency
    to gather and consider the views of other agencies on - 
        "(1) joint work statements under section 12(c)(5)(C) or (D) of
      the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
      3710a(c)(5)(C) or (D)); or
        "(2) in the case of laboratories described in section
      12(d)(2)(A) of the Stevenson-Wydler Technology Innovation Act of
      1980 (15 U.S.C. 3710a(d)(2)(A)), cooperative research and
      development agreements under such section 12,
    with respect to major proposed cooperative research and development
    agreements that involve critical national security technology or
    may have a significant impact on domestic or international
    competitiveness.
      "(b) Procedures. - Within 1 year after the date of the enactment
    of this Act [Nov. 1, 2000], the Committee on National Security of
    the National Science and Technology Council, in conjunction with
    relevant Federal agencies and national laboratories, shall - 
        "(1) determine the adequacy of existing procedures and methods
      for interagency coordination and awareness with respect to
      cooperative research and development agreements described in
      subsection (a); and
        "(2) establish and distribute to appropriate Federal agencies -
      
          "(A) specific criteria to indicate the necessity for
        gathering and considering the views of other agencies on joint
        work statements or cooperative research and development
        agreements as described in subsection (a); and
          "(B) additional procedures, if any, for carrying out such
        gathering and considering of agency views with respect to
        cooperative research and development agreements described in
        subsection (a).
    Procedures established under this subsection shall be designed to
    the extent possible to use or modify existing procedures, to
    minimize burdens on Federal agencies, to encourage industrial
    partnerships with national laboratories, and to minimize delay in
    the approval or disapproval of joint work statements and
    cooperative research and development agreements.
      "(c) Limitation. - Nothing in this Act [see Short Title of 2000
    Amendment note set out under section 3701 of this title], nor any
    procedures established under this section shall provide to the
    Office of Science and Technology Policy, the National Science and
    Technology Council, or any Federal agency the authority to
    disapprove a cooperative research and development agreement or
    joint work statement, under section 12 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3710a), of another
    Federal agency."

                      MAGNETIC LEVITATION TECHNOLOGY                  
      The Secretary of the Army, in cooperation with the Secretary of
    Transportation, authorized to conduct research and development
    activities on magnetic levitation technology using contracts or
    cooperative research and development agreements under this section,
    see section 417 of Pub. L. 101-640, set out as a note under section
    2313 of Title 33, Navigation and Navigable Waters.

                            CONTRACT PROVISIONS                        
      Section 3133(d) of Pub. L. 101-189, as amended by Pub. L. 101-
    510, div. A, title VIII, Sec. 828(a), Nov. 5, 1990, 104 Stat.
    1607, provided that:
      "(1) Not later than 150 days after the date of enactment of this
    Act [Nov. 29, 1989], each agency which has contracted with a non-
    Federal entity to operate a Government-owned laboratory shall
    propose for inclusion in that laboratory's operating contract, to
    the extent not already included and subject to paragraph (6),
    appropriate contract provisions that - 
        "(A) establish technology transfer, including cooperative
      research and development agreements, as a mission for the
      laboratory under section 11(a)(1) of the Stevenson-Wydler
      Technology Innovation Act of 1980 [15 U.S.C. 3710(a)(1)];
        "(B) describe the respective obligations and responsibilities
      of the agency and the laboratory with respect to this part [part
      C (Secs. 3131-3133) of title XXXI of div. C of Pub. L. 101-189,
      see Short Title of 1989 Amendment note under section 3701 of this
      title] and section 12 of the Stevenson-Wydler Technology
      Innovation Act of 1980 [15 U.S.C. 3710a];
        "(C) require that, except as provided in paragraph (2), no
      employee of the laboratory shall have a substantial role
      (including an advisory role) in the preparation, negotiation, or
      approval of a cooperative research and development agreement if,
      to such employee's knowledge - 
          "(i) such employee, or the spouse, child, parent, sibling, or
        partner of such employee, or an organization (other than the
        laboratory) in which such employee serves as an officer,
        director, trustee, partner, or employee - 
            "(I) holds a financial interest in any entity, other than
          the laboratory, that has a substantial interest in the
          preparation, negotiation, or approval of the cooperative
          research and development agreement; or
            "(II) receives a gift or gratuity from any entity, other
          than the laboratory, that has a substantial interest in the
          preparation, negotiation, or approval of the cooperative
          research and development agreement; or
          "(ii) a financial interest in any entity, other than the
        laboratory, that has a substantial interest in the preparation,
        negotiation, or approval of the cooperative research and
        development agreement, is held by any person or organization
        with whom such employee is negotiating or has any arrangement
        concerning prospective employment;
        "(D) require that each employee of the laboratory who
      negotiates or approves a cooperative research and development
      agreement shall certify to the agency that the circumstances
      described in subparagraph (C)(i) and (ii) do not apply to such
      employee;
        "(E) require the laboratory to widely disseminate information
      on opportunities to participate with the laboratory in technology
      transfer, including cooperative research and development
      agreements; and
        "(F) provides for an accounting of all royalty or other income
      received under cooperative research and development agreements.
      "(2) The requirements described in paragraph (1)(C) and (D) shall
    not apply in a case where the negotiating or approving employee
    advises the agency that reviewed the applicable joint work
    statement under section 12(c)(5)(C)(i) of the Stevenson-Wydler
    Technology Innovation Act of 1980 [15 U.S.C. 3710a(c)(5)(C)(i)] in
    advance of the matter in which he is to participate and the nature
    of any financial interest described in paragraph (1)(C), and where
    the agency employee determines that such financial interest is not
    so substantial as to be considered likely to affect the integrity
    of the laboratory employee's service in that matter.
      "(3) Not later than 180 days after the date of enactment of this
    Act [Nov. 29, 1989], each agency which has contracted with a non-
    Federal entity to operate a Government-owned laboratory shall
    submit a report to the Congress which includes a copy of each
    contract provision amended pursuant to this subsection.
      "(4) No Government-owned, contractor-operated laboratory may
    enter into a cooperative research and development agreement under
    section 12 of the Stevenson-Wydler Technology Innovation Act of
    1980 [15 U.S.C. 3710a] unless - 
        "(A) that laboratory's operating contract contains the
      provisions described in paragraph (1)(A) through (F); or
        "(B) such laboratory agrees in a separate writing to be bound
      by the provisions described in paragraph (1)(A) through (F).
      "(5) Any contract for a Government-owned, contractor-operated
    laboratory entered into after the expiration of 150 days after the
    date of enactment of this Act [Nov. 29, 1989] shall contain the
    provisions described in paragraph (1)(A) through (F).
      "(6) Contract provisions referred to in paragraph (1) shall
    include only such provisions as are necessary to carry out
    paragraphs (1) and (2) of this subsection."
      [Pub. L. 101-510, div. A, title VIII, Sec. 828(b), Nov. 5, 1990,
    104 Stat. 1607, provided that: "Paragraph (6) of 3133(d) of such
    Act [Pub. L. 101-189, set out above], as added by subsection (a),
    shall apply only to contracts entered into after the date of
    enactment of this Act [Nov. 5, 1990]."]

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    15 USC Sec. 3710b                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3710b. Rewards for scientific, engineering, and technical
      personnel of Federal agencies

-STATUTE-
      The head of each Federal agency that is making expenditures at a
    rate of more than $50,000,000 per fiscal year for research and
    development in its Government-operated laboratories shall use the
    appropriate statutory authority to develop and implement a cash
    awards program to reward its scientific, engineering, and technical
    personnel for - 
        (1) inventions, innovations, computer software, or other
      outstanding scientific or technological contributions of value to
      the United States due to commercial application or due to
      contributions to missions of the Federal agency or the Federal
      government,(!1) or

        (2) exemplary activities that promote the domestic transfer of
      science and technology development within the Federal Government
      and result in utilization of such science and technology by
      American industry or business, universities, State or local
      governments, or other non-Federal parties.

-SOURCE-
    (Pub. L. 96-480, Sec. 13, as added and renumbered Sec. 12, Pub. L.
    99-502, Secs. 6, 9(e)(1), Oct. 20, 1986, 100 Stat. 1792, 1797;
    renumbered Sec. 13, Pub. L. 100-418, title V, Sec. 5122(a)(1), Aug.
    23, 1988, 102 Stat. 1438; amended Pub. L. 100-519, title III, Sec.
    302, Oct. 24, 1988, 102 Stat. 2597.)

-MISC1-
                                AMENDMENTS                            
      1988 - Par. (1). Pub. L. 100-519 inserted "computer software,"
    after "inventions, innovations,".

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    15 USC Sec. 3710c                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3710c. Distribution of royalties received by Federal agencies

-STATUTE-
    (a) In general
      (1) Except as provided in paragraphs (2) and (4), any royalties
    or other payments received by a Federal agency from the licensing
    and assignment of inventions under agreements entered into by
    Federal laboratories under section 3710a of this title, and from
    the licensing of inventions of Federal laboratories under section
    207 of title 35 or under any other provision of law, shall be
    retained by the laboratory which produced the invention and shall
    be disposed of as follows:
        (A)(i) The head of the agency or laboratory, or such
      individual's designee, shall pay each year the first $2,000, and
      thereafter at least 15 percent, of the royalties or other
      payments, other than payments of patent costs as delineated by a
      license or assignment agreement, to the inventor or coinventors,
      if the inventor's or coinventor's rights are assigned to the
      United States.
        (ii) An agency or laboratory may provide appropriate
      incentives, from royalties, or other payments, to laboratory
      employees who are not an inventor of such inventions but who
      substantially increased the technical value of such inventions.
        (iii) The agency or laboratory shall retain the royalties and
      other payments received from an invention until the agency or
      laboratory makes payments to employees of a laboratory under
      clause (i) or (ii).
        (B) The balance of the royalties or other payments shall be
      transferred by the agency to its laboratories, with the majority
      share of the royalties or other payments from any invention going
      to the laboratory where the invention occurred. The royalties or
      other payments so transferred to any laboratory may be used or
      obligated by that laboratory during the fiscal year in which they
      are received or during the 2 succeeding fiscal years - 
          (i) to reward scientific, engineering, and technical
        employees of the laboratory, including developers of sensitive
        or classified technology, regardless of whether the technology
        has commercial applications;
          (ii) to further scientific exchange among the laboratories of
        the agency;
          (iii) for education and training of employees consistent with
        the research and development missions and objectives of the
        agency or laboratory, and for other activities that increase
        the potential for transfer of the technology of the
        laboratories of the agency;
          (iv) for payment of expenses incidental to the administration
        and licensing of intellectual property by the agency or
        laboratory with respect to inventions made at that laboratory,
        including the fees or other costs for the services of other
        agencies, persons, or organizations for intellectual property
        management and licensing services; or
          (v) for scientific research and development consistent with
        the research and development missions and objectives of the
        laboratory.

        (C) All royalties or other payments retained by the agency or
      laboratory after payments have been made pursuant to
      subparagraphs (A) and (B) that is unobligated and unexpended at
      the end of the second fiscal year succeeding the fiscal year in
      which the royalties and other payments were received shall be
      paid into the Treasury.

      (2) If, after payments to inventors under paragraph (1), the
    royalties or other payments received by an agency in any fiscal
    year exceed 5 percent of the budget of the agency for that year, 75
    percent of such excess shall be paid to the Treasury of the United
    States and the remaining 25 percent may be used or obligated under
    paragraph (1)(B). Any funds not so used or obligated shall be paid
    into the Treasury of the United States.
      (3) Any payment made to an employee under this section shall be
    in addition to the regular pay of the employee and to any other
    awards made to the employee, and shall not affect the entitlement
    of the employee to any regular pay, annuity, or award to which he
    is otherwise entitled or for which he is otherwise eligible or
    limit the amount thereof. Any payment made to an inventor as such
    shall continue after the inventor leaves the laboratory or agency.
    Payments made under this section shall not exceed $150,000 per year
    to any one person, unless the President approves a larger award
    (with the excess over $150,000 being treated as a Presidential
    award under section 4504 of title 5).
      (4) A Federal agency receiving royalties or other payments as a
    result of invention management services performed for another
    Federal agency or laboratory under section 207 of title 35, may
    retain such royalties or payments to the extent required to offset
    payments to inventors under clause (i) of paragraph (1)(A), costs
    and expenses incurred under clause (iv) of paragraph (1)(B), and
    the cost of foreign patenting and maintenance for any invention of
    the other agency. All royalties and other payments remaining after
    offsetting the payments to inventors, costs, and expenses described
    in the preceding sentence shall be transferred to the agency for
    which the services were performed, for distribution in accordance
    with paragraph (1)(B).
    (b) Certain assignments
      If the invention involved was one assigned to the Federal agency -
     
        (1) by a contractor, grantee, or participant, or an employee of
      a contractor, grantee, or participant, in an agreement or other
      arrangement with the agency, or
        (2) by an employee of the agency who was not working in the
      laboratory at the time the invention was made,

    the agency unit that was involved in such assignment shall be
    considered to be a laboratory for purposes of this section.
    (c) Reports
      The Comptroller General shall transmit a report to the
    appropriate committees of the Senate and House of Representatives
    on the effectiveness of Federal technology transfer programs,
    including findings, conclusions, and recommendations for
    improvements in such programs. The report shall be integrated with,
    and submitted at the same time as, the report required by section
    202(b)(3) of title 35.

-SOURCE-
    (Pub. L. 96-480, Sec. 14, as added, renumbered Sec. 13, and amended
    Pub. L. 99-502, Secs. 7, 9(e)(1), (3), Oct. 20, 1986, 100 Stat.
    1792, 1797; renumbered Sec. 14 and amended Pub. L. 100-418, title
    V, Secs. 5122(a)(1), 5162(a), Aug. 23, 1988, 102 Stat. 1438, 1450;
    Pub. L. 100-519, title III, Sec. 303(a), Oct. 24, 1988, 102 Stat.
    2597; Pub. L. 101-189, div. C, title XXXI, Sec. 3133(c), Nov. 29,
    1989, 103 Stat. 1677; Pub. L. 104-113, Sec. 5, Mar. 7, 1996, 110
    Stat. 777; Pub. L. 106-404, Secs. 7(7), 10(b), Nov. 1, 2000, 114
    Stat. 1746, 1749.)

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a)(1)(A)(i). Pub. L. 106-404, Sec. 7(7)(A), (B),
    inserted ", other than payments of patent costs as delineated by a
    license or assignment agreement," after "or other payments" and ",
    if the inventor's or coinventor's rights are assigned to the United
    States" before period at end.
      Subsec. (a)(1)(B). Pub. L. 106-404, Sec. 7(7)(C), substituted "2
    succeeding fiscal years" for "succeeding fiscal year" in
    introductory provisions.
      Subsec. (a)(2). Pub. L. 106-404, Sec. 7(7)(D), struck out
    "Government-operated laboratories of the" before "agency for that
    year,".
      Subsec. (b)(2). Pub. L. 106-404, Sec. 7(7)(E), substituted
    "invention" for "inventon".
      Subsec. (c). Pub. L. 106-404, Sec. 10(b), amended heading and
    text of subsec. (c) generally. Prior to amendment, text read as
    follows:
      "(1) In making their annual budget submissions Federal agencies
    shall submit, to the appropriate authorization and appropriation
    committees of both Houses of the Congress, summaries of the amount
    of royalties or other income received and expenditures made
    (including inventor awards) under this section.
      "(2) The Comptroller General, five years after October 20, 1986,
    shall review the effectiveness of the various royalty-sharing
    programs established under this section and report to the
    appropriate committees of the House of Representatives and the
    Senate, in a timely manner, his findings, conclusions, and
    recommendations for improvements in such programs."
      1996 - Subsec. (a)(1). Pub. L. 104-113, Sec. 5(1), amended par.
    (1) generally, restructuring subpar. (A) to require head of agency
    or his designee to pay each year first $2,000, and thereafter at
    least 15 percent of royalties or other income received by agency on
    account of any invention to inventor or coinventors if they had
    assigned their rights in invention to United States and to
    authorize agencies to provide incentives to laboratory employees
    who substantially increase technical value of inventions,
    restructuring subpar. (B) to reorder cls. (i) to (iv), to add cl.
    (v), and to strike out closing provisions which required
    unobligated or unused funds to be paid into Treasury, and adding
    subpar. (C).
      Subsec. (a)(2). Pub. L. 104-113, Sec. 5(2), in first sentence,
    inserted "or other payments" after "royalties" and substituted
    "under paragraph (1)(B)" for "for the purposes described in clauses
    (i) through (iv) of paragraph (1)(B) during that fiscal year or the
    succeeding fiscal year".
      Subsec. (a)(3). Pub. L. 104-113, Sec. 5(3), substituted
    "$150,000" for "$100,000" in two places.
      Subsec. (a)(4). Pub. L. 104-113, Sec. 5(4), in first sentence,
    substituted "other payments" for "other income", "such royalties or
    payments" for "such royalties or income", "offset payments to
    inventors" for "offset the payment of royalties to inventors", and
    "clause (iv) of paragraph (1)(B)" for "clause (i) of paragraph
    (1)(B)" and, in second sentence, substituted "other payments" for
    "other income", substituted "offsetting the payments to inventors"
    for "payment of the royalties", and struck out "clauses (i) through
    (iv) of" before "paragraph (1)(B)".
      Subsec. (b)(1). Pub. L. 104-113, Sec. 5(5), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "by a
    contractor, grantee, or participant in a cooperative agreement with
    the agency, or".
      1989 - Subsec. (a)(1). Pub. L. 101-189, Sec. 3133(c)(1), in
    introductory provisions, inserted "by Government-operated Federal
    laboratories" after "entered into" and made technical amendment to
    reference to section 3710a of this title to correct reference to
    corresponding section of original Act, requiring no change in text.
      Subsec. (a)(1)(B)(ii). Pub. L. 101-189, Sec. 3133(c)(2), inserted
    ", including payments to inventors and developers of sensitive or
    classified technology, regardless of whether the technology has
    commercial applications" after "that laboratory".
      Subsec. (a)(1)(B)(iv). Pub. L. 101-189, Sec. 3133(c)(3),
    substituted "technology of the laboratories" for "technology of the
    Government-operated laboratories".
      1988 - Subsec. (a)(1)(A)(i). Pub. L. 100-519, Sec. 303(a)(1),
    substituted "has assigned his or her rights in the invention to the
    United States" for "was an employee of the agency at the time the
    invention was made".
      Subsec. (a)(1)(A)(ii). Pub. L. 100-519, Sec. 303(a)(2),
    substituted "under clause (i)" for "who were employed by the agency
    at the time the invention was made and whose names appear on
    licensed inventions".
      Subsec. (a)(4). Pub. L. 100-418, Sec. 5162(a), substituted "may"
    for "shall" and "any invention of the other agency" for "such
    invention performed at the request of the other agency or
    laboratory" in first sentence.
      1986 - Subsec. (a)(1). Pub. L. 99-502, Sec. 9(e)(3), in
    introductory par. made technical amendment to reference to section
    3710a of this title to reflect renumbering of corresponding section
    of original act.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 303(b) of Pub. L. 100-519 provided that: "This section
    [amending this section] shall be effective as of October 20, 1986."

-End-

-CITE-
    15 USC Sec. 3710d                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3710d. Employee activities

-STATUTE-
    (a) In general
      If a Federal agency which has ownership of or the right of
    ownership to an invention made by a Federal employee does not
    intend to file for a patent application or otherwise to promote
    commercialization of such invention, the agency shall allow the
    inventor, if the inventor is a Government employee or former
    employee who made the invention during the course of employment
    with the Government, to obtain or retain title to the invention
    (subject to reservation by the Government of a nonexclusive,
    nontransferrable, irrevocable, paid-up license to practice the
    invention or have the invention practiced throughout the world by
    or on behalf of the Government). In addition, the agency may
    condition the inventor's right to title on the timely filing of a
    patent application in cases when the Government determines that it
    has or may have a need to practice the invention.
    (b) "Special Government employees" defined
      For purposes of this section, Federal employees include "special
    Government employees" as defined in section 202 of title 18.
    (c) Relationship to other laws
      Nothing in this section is intended to limit or diminish existing
    authorities of any agency.

-SOURCE-
    (Pub. L. 96-480, Sec. 15, as added and renumbered Sec. 14, Pub. L.
    99-502, Secs. 8, 9(e)(1), Oct. 20, 1986, 100 Stat. 1794, 1797;
    renumbered Sec. 15, Pub. L. 100-418, title V, Sec. 5122(a)(1), Aug.
    23, 1988, 102 Stat. 1438; amended Pub. L. 104-113, Sec. 6, Mar. 7,
    1996, 110 Stat. 779.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-113 substituted "ownership of or
    the right of ownership to an invention made by a Federal employee"
    for "the right of ownership to an invention under this chapter" and
    inserted "obtain or" before "retain title to the invention".

-End-

-CITE-
    15 USC Sec. 3711                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3711. National Technology Medal

-STATUTE-
    (a) Establishment
      There is hereby established a National Technology Medal, which
    shall be of such design and materials and bear such inscriptions as
    the President, on the basis of recommendations submitted by the
    Office of Science and Technology Policy, may prescribe.
    (b) Award
      The President shall periodically award the medal, on the basis of
    recommendations received from the Secretary or on the basis of such
    other information and evidence as he deems appropriate, to
    individuals or companies, which in his judgment are deserving of
    special recognition by reason of their outstanding contributions to
    the promotion of technology or technological manpower for the
    improvement of the economic, environmental, or social well-being of
    the United States.
    (c) Presentation
      The presentation of the award shall be made by the President with
    such ceremonies as he may deem proper.

-SOURCE-
    (Pub. L. 96-480, Sec. 16, formerly Sec. 12, Oct. 21, 1980, 94 Stat.
    2319; renumbered Sec. 16, Pub. L. 99-502, Sec. 2, Oct. 20, 1986,
    100 Stat. 1785; renumbered Sec. 15, Pub. L. 99-502, Sec. 9(e)(1),
    Oct. 20, 1986, 100 Stat. 1797; renumbered Sec. 16, Pub. L. 100-418,
    title V, Sec. 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438.)

-MISC1-
          NATIONAL TECHNOLOGY MEDAL FOR ENVIRONMENTAL TECHNOLOGY      
      Pub. L. 105-309, Sec. 10, Oct. 30, 1998, 112 Stat. 2939, provided
    that: "In the administration of section 16 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3711), Environmental
    Technology shall be established as a separate nomination category
    with appropriate unique criteria for that category."

-End-

-CITE-
    15 USC Sec. 3711a                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3711a. Malcolm Baldrige National Quality Award

-STATUTE-
    (a) Establishment
      There is hereby established the Malcolm Baldrige National Quality
    Award, which shall be evidenced by a medal bearing the inscriptions
    "Malcolm Baldrige National Quality Award" and "The Quest for
    Excellence". The medal shall be of such design and materials and
    bear such additional inscriptions as the Secretary may prescribe.
    (b) Making and presentation of award
      (1) The President (on the basis of recommendations received from
    the Secretary), or the Secretary, shall periodically make the award
    to companies and other organizations which in the judgment of the
    President or the Secretary have substantially benefited the
    economic or social well-being of the United States through
    improvements in the quality of their goods or services resulting
    from the effective practice of quality management, and which as a
    consequence are deserving of special recognition.
      (2) The presentation of the award shall be made by the President
    or the Secretary with such ceremonies as the President or the
    Secretary may deem proper.
      (3) An organization to which an award is made under this section,
    and which agrees to help other American organizations improve their
    quality management, may publicize its receipt of such award and use
    the award in its advertising, but it shall be ineligible to receive
    another such award in the same category for a period of 5 years.
    (c) Categories in which award may be given
      (1) Subject to paragraph (2), separate awards shall be made to
    qualifying organizations in each of the following categories - 
        (A) Small businesses.
        (B) Companies or their subsidiaries.
        (C) Companies which primarily provide services.
        (D) Health care providers.
        (E) Education providers.
        (F) Nonprofit organizations.

      (2) The Secretary may at any time expand, subdivide, or otherwise
    modify the list of categories within which awards may be made as
    initially in effect under paragraph (1), and may establish separate
    awards for other organizations including units of government, upon
    a determination that the objectives of this section would be better
    served thereby; except that any such expansion, subdivision,
    modification, or establishment shall not be effective unless and
    until the Secretary has submitted a detailed description thereof to
    the Congress and a period of 30 days has elapsed since that
    submission.
      (3) Not more than two awards may be made within any subcategory
    in any year, unless the Secretary determines that a third award is
    merited and can be given at no additional cost to the Federal
    Government (and no award shall be made within any category or
    subcategory if there are no qualifying enterprises in that category
    or subcategory).
    (d) Criteria for qualification
      (1) An organization may qualify for an award under this section
    only if it - 
        (A) applies to the Director of the National Institute of
      Standards and Technology in writing, for the award,
        (B) permits a rigorous evaluation of the way in which its
      business and other operations have contributed to improvements in
      the quality of goods and services, and
        (C) meets such requirements and specifications as the
      Secretary, after receiving recommendations from the Board of
      Overseers established under paragraph (2)(B) and the Director of
      the National Institute of Standards and Technology, determines to
      be appropriate to achieve the objectives of this section.

    In applying the provisions of subparagraph (C) with respect to any
    organization, the Director of the National Institute of Standards
    and Technology shall rely upon an intensive evaluation by a
    competent board of examiners which shall review the evidence
    submitted by the organization and, through a site visit, verify the
    accuracy of the quality improvements claimed. The examination
    should encompass all aspects of the organization's current practice
    of quality management, as well as the organization's provision for
    quality management in its future goals. The award shall be given
    only to organizations which have made outstanding improvements in
    the quality of their goods or services (or both) and which
    demonstrate effective quality management through the training and
    involvement of all levels of personnel in quality improvement.
      (2)(A) The Director of the National Institute of Standards and
    Technology shall, under appropriate contractual arrangements, carry
    out the Director's responsibilities under subparagraphs (A) and (B)
    of paragraph (1) through one or more broad-based nonprofit entities
    which are leaders in the field of quality management and which have
    a history of service to society.
      (B) The Secretary shall appoint a board of overseers for the
    award, consisting of at least five persons selected for their
    preeminence in the field of quality management. This board shall
    meet annually to review the work of the contractor or contractors
    and make such suggestions for the improvement of the award process
    as they deem necessary. The board shall report the results of the
    award activities to the Director of the National Institute of
    Standards and Technology each year, along with its recommendations
    for improvement of the process.
    (e) Information and technology transfer program
      The Director of the National Institute of Standards and
    Technology shall ensure that all program participants receive the
    complete results of their audits as well as detailed explanations
    of all suggestions for improvements. The Director shall also
    provide information about the awards and the successful quality
    improvement strategies and programs of the award-winning
    participants to all participants and other appropriate groups.
    (f) Funding
      The Secretary is authorized to seek and accept gifts from public
    and private sources to carry out the program under this section. If
    additional sums are needed to cover the full cost of the program,
    the Secretary shall impose fees upon the organizations applying for
    the award in amounts sufficient to provide such additional sums.
    The Director is authorized to use appropriated funds to carry out
    responsibilities under this chapter.
    (g) Report
      The Secretary shall prepare and submit to the President and the
    Congress, within 3 years after August 20, 1987, a report on the
    progress, findings, and conclusions of activities conducted
    pursuant to this section along with recommendations for possible
    modifications thereof.

-SOURCE-
    (Pub. L. 96-480, Sec. 17, formerly Sec. 16, as added Pub. L. 100-
    107, Sec. 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered Sec. 17
    and amended Pub. L. 100-418, title V, Secs. 5115(b)(2)(A),
    5122(a)(1), Aug. 23, 1988, 102 Stat. 1433, 1438; Pub. L. 102-245,
    title III, Sec. 305, Feb. 14, 1992, 106 Stat. 20; Pub. L. 105-309,
    Sec. 3, Oct. 30, 1998, 112 Stat. 2935; Pub. L. 108-320, Sec. 1,
    Oct. 5, 2004, 118 Stat. 1213.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(1)(F). Pub. L. 108-320 added subpar. (F).
      1998 - Subsec. (c)(1)(D), (E). Pub. L. 105-309, Sec. 3(b), added
    subpars. (D) and (E).
      Subsec. (c)(3). Pub. L. 105-309, Sec. 3(a), inserted ", unless
    the Secretary determines that a third award is merited and can be
    given at no additional cost to the Federal Government" after "in
    any year".
      1992 - Subsec. (f). Pub. L. 102-245 inserted at end "The Director
    is authorized to use appropriated funds to carry out
    responsibilities under this chapter."
      1988 - Subsecs. (d), (e). Pub. L. 100-418, Sec. 5115(b)(2)(A),
    substituted "National Institute of Standards and Technology" for
    "National Bureau of Standards" wherever appearing.

                           FINDINGS AND PURPOSES                       
      Section 2 of Pub. L. 100-107 provided that:
      "(a) Findings. - The Congress finds and declares that - 
        "(1) the leadership of the United States in product and process
      quality has been challenged strongly (and sometimes successfully)
      by foreign competition, and our Nation's productivity growth has
      improved less than our competitors over the last two decades;
        "(2) American business and industry are beginning to understand
      that poor quality costs companies as much as 20 percent of sales
      revenues nationally, and that improved quality of goods and
      services goes hand in hand with improved productivity, lower
      costs, and increased profitability;
        "(3) strategic planning for quality and quality improvement
      programs, through a commitment to excellence in manufacturing and
      services, are becoming more and more essential to the well-being
      of our Nation's economy and our ability to compete effectively in
      the global marketplace;
        "(4) improved management understanding of the factory floor,
      worker involvement in quality, and greater emphasis on
      statistical process control can lead to dramatic improvements in
      the cost and quality of manufactured products;
        "(5) the concept of quality improvement is directly applicable
      to small companies as well as large, to service industries as
      well as manufacturing, and to the public sector as well as
      private enterprise;
        "(6) in order to be successful, quality improvement programs
      must be management-led and customer-oriented and this may require
      fundamental changes in the way companies and agencies do
      business;
        "(7) several major industrial nations have successfully coupled
      rigorous private sector quality audits with national awards
      giving special recognition to those enterprises the audits
      identify as the very best; and
        "(8) a national quality award program of this kind in the
      United States would help improve quality and productivity by - 
          "(A) helping to stimulate American companies to improve
        quality and productivity for the pride of recognition while
        obtaining a competitive edge through increased profits,
          "(B) recognizing the achievements of those companies which
        improve the quality of their goods and services and providing
        an example to others,
          "(C) establishing guidelines and criteria that can be used by
        business, industrial, governmental, and other organizations in
        evaluating their own quality improvement efforts, and
          "(D) providing specific guidance for other American
        organizations that wish to learn how to manage for high quality
        by making available detailed information on how winning
        organizations were able to change their cultures and achieve
        eminence.
      "(b) Purpose. - It is the purpose of this Act [enacting section
    3711a of this title, amending section 3708 of this title, and
    enacting provisions set out as a note under section 3701 of this
    title] to provide for the establishment and conduct of a national
    quality improvement program under which (1) awards are given to
    selected companies and other organizations in the United States
    that practice effective quality management and as a result make
    significant improvements in the quality of their goods and
    services, and (2) information is disseminated about the successful
    strategies and programs."

-End-

-CITE-
    15 USC Sec. 3711b                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3711b. Conference on advanced automotive technologies

-STATUTE-
      Not later than 180 days after December 18, 1991, the Secretary of
    Commerce, through the Under Secretary of Commerce for Technology,
    in consultation with other appropriate officials, shall convene a
    conference of domestic motor vehicle manufacturers, parts
    suppliers, Federal laboratories, and motor vehicle users to explore
    ways in which cooperatively they can improve the competitiveness of
    the United States motor vehicle industry by developing new
    technologies which will enhance the safety and energy savings, and
    lessen the environmental impact of domestic motor vehicles, and the
    results of such conference shall be published and then submitted to
    the President and to the Committees on Science, Space, and
    Technology and Public Works and Transportation of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate.

-SOURCE-
    (Pub. L. 96-480, Sec. 18, as added Pub. L. 102-240, title VI, Sec.
    6019, Dec. 18, 1991, 105 Stat. 2183.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Science, Space, and Technology of House of
    Representatives treated as referring to Committee on Science of
    House of Representatives by section 1(a) of Pub. L. 104-14, set out
    as a note preceding section 21 of Title 2, The Congress.
      Committee on Public Works and Transportation of House of
    Representatives treated as referring to Committee on Transportation
    and Infrastructure of House of Representatives by section 1(a) of
    Pub. L. 104-14, set out as a note preceding section 21 of Title 2.

-End-

-CITE-
    15 USC Sec. 3711c                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3711c. Advanced motor vehicle research award

-STATUTE-
    (a) Establishment
      There is established a National Award for the Advancement of
    Motor Vehicle Research and Development. The award shall consist of
    a medal, and a cash prize if funding is available for the prize
    under subsection (c) of this section. The medal shall be of such
    design and materials and bear inscriptions as is determined by the
    Secretary of Transportation.
    (b) Making and presenting award
      The Secretary of Transportation shall periodically make and
    present the award to domestic motor vehicle manufacturers,
    suppliers, or Federal laboratory personnel who, in the opinion of
    the Secretary of Transportation, have substantially improved
    domestic motor vehicle research and development in safety, energy
    savings, or environmental impact. No person may receive the award
    more than once every 5 years.
    (c) Funding for award
      The Secretary of Transportation may seek and accept gifts of
    money from private sources for the purpose of making cash prize
    awards under this section. Such money may be used only for that
    purpose, and only such money may be used for that purpose.

-SOURCE-
    (Pub. L. 96-480, Sec. 19, as added Pub. L. 102-240, title VI, Sec.
    6019, Dec. 18, 1991, 105 Stat. 2184.)

-End-

-CITE-
    15 USC Sec. 3712                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3712. Personnel exchanges

-STATUTE-
      The Secretary, the Secretary of Energy, and the Director of the
    National Science Foundation, jointly, shall establish a program to
    foster the exchange of scientific and technical personnel among
    academia, industry, and Federal laboratories. Such program shall
    include both (1) federally supported exchanges and (2) efforts to
    stimulate exchanges without Federal funding.

-SOURCE-
    (Pub. L. 96-480, Sec. 20, formerly Sec. 13, Oct. 21, 1980, 94 Stat.
    2320; renumbered Sec. 17, Pub. L. 99-502, Sec. 2, Oct. 20, 1986,
    100 Stat. 1785; renumbered Sec. 16, Pub. L. 99-502, Sec. 9(e)(1),
    Oct. 20, 1986, 100 Stat. 1797; renumbered Sec. 17, Pub. L. 100-107,
    Sec. 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered Sec. 18, Pub.
    L. 100-418, title V, Sec. 5122(a)(1), Aug. 23, 1988, 102 Stat.
    1438; renumbered Sec. 20, Pub. L. 102-240, title VI, Sec. 6019,
    Dec. 18, 1991, 105 Stat. 2183; Pub. L. 109-58, title X, Sec.
    1009(c), Aug. 8, 2005, 119 Stat. 936.)

-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 substituted ", the Secretary of Energy, and
    the Director of the National Science Foundation" for "and the
    National Science Foundation".

-End-

-CITE-
    15 USC Sec. 3713                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3713. Authorization of appropriations

-STATUTE-
      (a)(1) There is authorized to be appropriated to the Secretary
    for the purposes of carrying out sections 3704, 3710(g), and 3711
    of this title not to exceed $3,400,000 for the fiscal year ending
    September 30, 1988.
      (2) Of the amount authorized under paragraph (1) of this
    subsection, $2,400,000 is authorized only for the Office of
    Productivity, Technology, and Innovation; $500,000 is authorized
    only for the purpose of carrying out the requirements of the
    Japanese technical literature program established under section
    3704(d) of this title; and $500,000 is authorized only for the
    patent licensing activities of the National Technical Information
    Service.
      (b) In addition to the authorization of appropriations provided
    under subsection (a) of this section, there is authorized to be
    appropriated to the Secretary for the purposes of carrying out
    section 3704a of this title not to exceed $500,000 for the fiscal
    year ending September 30, 1988, $1,000,000 for the fiscal year
    ending September 30, 1989, and $1,500,000 for the fiscal year
    ending September 30, 1990.
      (c) Such sums as may be appropriated under subsections (a) and
    (b) of this section shall remain available until expended.
      (d) To enable the National Science Foundation to carry out its
    powers and duties under this chapter only such sums may be
    appropriated as the Congress may authorize by law.

-SOURCE-
    (Pub. L. 96-480, Sec. 21, formerly Sec. 14, Oct. 21, 1980, 94 Stat.
    2320; renumbered Sec. 18, Pub. L. 99-502, Sec. 2, Oct. 20, 1986,
    100 Stat. 1785; renumbered Sec. 17, Pub. L. 99-502, Sec. 9(e)(1),
    Oct. 20, 1986, 100 Stat. 1797; renumbered Sec. 18, Pub. L. 100-107,
    Sec. 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered Sec. 19 and
    amended Pub. L. 100-418, title V, Secs. 5122(a)(1), 5152, Aug. 23,
    1988, 102 Stat. 1438, 1449; renumbered Sec. 21, Pub. L. 102-240,
    title VI, Sec. 6019, Dec. 18, 1991, 105 Stat. 2183.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-418, Sec. 5152, amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "There is authorized to be appropriated to the Secretary for
    purposes of carrying out section 3705 of this title, not to exceed
    $19,000,000 for the fiscal year ending September 30, 1981,
    $40,000,000 for fiscal year ending September 30, 1982, $50,000,000
    for the fiscal year ending September 30, 1983, and $60,000,000 for
    each of the fiscal years ending September 30, 1984, and 1985."
      Subsec. (b). Pub. L. 100-418, Sec. 5152, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "In
    addition to authorizations of appropriations under subsection (a)
    of this section, there is authorized to be appropriated to the
    Secretary for purposes of carrying out the provisions of this
    chapter, not to exceed $5,000,000 for the fiscal year ending
    September 30, 1981, $9,000,000 for the fiscal year ending September
    30, 1982, and $14,000,000 for each of the fiscal years ending
    September 30, 1983, 1984, and 1985."

-End-

-CITE-
    15 USC Sec. 3714                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3714. Spending authority

-STATUTE-
      No payments shall be made or contracts shall be entered into
    pursuant to the provisions of this chapter (other than sections
    3710a, 3710b, and 3710c of this title) except to such extent or in
    such amounts as are provided in advance in appropriation Acts.

-SOURCE-
    (Pub. L. 96-480, Sec. 22, formerly Sec. 15, Oct. 21, 1980, 94 Stat.
    2320; renumbered Sec. 19, Pub. L. 99-502, Sec. 2, Oct. 20, 1986,
    100 Stat. 1785; renumbered Sec. 18, and amended Pub. L. 99-502,
    Sec. 9(b)(13), (e)(1), (4), Oct. 20, 1986, 100 Stat. 1796, 1797;
    renumbered Sec. 19, Pub. L. 100-107, Sec. 3(a), Aug. 20, 1987, 101
    Stat. 725; renumbered Sec. 20, Pub. L. 100-418, title V, Sec.
    5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; renumbered Sec. 22, Pub.
    L. 102-240, title VI, Sec. 6019, Dec. 18, 1991, 105 Stat. 2183;
    Pub. L. 106-404, Sec. 7(8), Nov. 1, 2000, 114 Stat. 1746.)

-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-404 made technical amendments to references in
    original act which appear in text as references to sections 3710a,
    3710b, and 3710c of this title.
      1986 - Pub. L. 99-502, Sec. 9(e)(4), made technical amendment to
    references to sections 3710a, 3710b, and 3710c of this title to
    reflect renumbering of corresponding sections of original act.
      Pub. L. 99-502, Sec. 9(b)(13), inserted exception relating to
    sections 3710a, 3710b, and 3710c of this title.

-End-

-CITE-
    15 USC Sec. 3715                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3715. Use of partnership intermediaries

-STATUTE-
    (a) Authority
      Subject to the approval of the Secretary or head of the affected
    department or agency, the Director of a Federal laboratory, or in
    the case of a federally funded research and development center that
    is not a laboratory (as defined in section 3710a(d)(2) of this
    title), the Federal employee who is the contract officer, may - 
        (1) enter into a contract or memorandum of understanding with a
      partnership intermediary that provides for the partnership
      intermediary to perform services for the Federal laboratory that
      increase the likelihood of success in the conduct of cooperative
      or joint activities of such Federal laboratory with small
      business firms, institutions of higher education as defined in
      section 1141(a) (!1) of title 20, or educational institutions
      within the meaning of section 2194 of title 10; and

        (2) pay the Federal costs of such contract or memorandum of
      understanding out of funds available for the support of the
      technology transfer function pursuant to section 3710(b) of this
      title.
    (b) Omitted
    (c) "Partnership intermediary" defined
      For purposes of this section, the term "partnership intermediary"
    means an agency of a State or local government, or a nonprofit
    entity owned in whole or in part by, chartered by, funded in whole
    or in part by, or operated in whole or in part by or on behalf of a
    State or local government, that assists, counsels, advises,
    evaluates, or otherwise cooperates with small business firms,
    institutions of higher education as defined in section 1141(a) (!1)
    of title 20, or educational institutions within the meaning of
    section 2194 of title 10, that need or can make demonstrably
    productive use of technology-related assistance from a Federal
    laboratory, including State programs receiving funds under
    cooperative agreements entered into under section 5121(b) of the
    Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 278l
    note).

-SOURCE-
    (Pub. L. 96-480, Sec. 23, formerly Sec. 21, as added Pub. L. 101-
    510, div. A, title VIII, Sec. 827(a), Nov. 5, 1990, 104 Stat.
    1606; amended Pub. L. 102-190, div. A, title VIII, Sec. 836, Dec.
    5, 1991, 105 Stat. 1448; renumbered Sec. 23, Pub. L. 102-240, title
    VI, Sec. 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 106-404, Sec.
    9, Nov. 1, 2000, 114 Stat. 1747.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1141(a) of title 20, referred to in subsecs. (a)(1) and
    (c), was repealed by Pub. L. 105-244, Sec. 3, title I, Sec. 101(b),
    title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803,
    effective Oct. 1, 1998. However, the term "institution of higher
    education" is defined in section 1001 of Title 20, Education.

-COD-
                               CODIFICATION                           
      Subsec. (b) of this section, which required the Secretary to
    include in each triennial report required under section 3704d of
    this title a discussion and evaluation of activities carried out
    pursuant to this section, was omitted because of the termination of
    the triennial reporting requirement. See Codification note set out
    after section 3704a of this title.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a)(1). Pub. L. 106-404, Sec. 9(1), inserted ",
    institutions of higher education as defined in section 1141(a) of
    title 20, or educational institutions within the meaning of section
    2194 of title 10" after "small business firms".
      Subsec. (c). Pub. L. 106-404, Sec. 9(2), inserted ", institutions
    of higher education as defined in section 1141(a) of title 20, or
    educational institutions within the meaning of section 2194 of
    title 10," after "small business firms".
      1991 - Subsec. (a). Pub. L. 102-190 inserted "that is not a
    laboratory (as defined in section 3710a(d)(2) of this title)" after
    "center" in introductory provisions.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    15 USC Sec. 3716                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3716. Critical industries

-STATUTE-
    (a) Identification of industries and development of plan
      The Secretary shall - 
        (1) identify those civilian industries in the United States
      that are necessary to support a robust manufacturing
      infrastructure and critical to the economic security of the
      United States; and
        (2) list the major research and development initiatives being
      undertaken, and the substantial investments being made, by the
      Federal Government, including its research laboratories, in each
      of the critical industries identified under paragraph (1).
    (b) Initial report
      The Secretary shall submit a report to the Congress within 1 year
    after February 14, 1992, on the actions taken under subsection (a)
    of this section.

-SOURCE-
    (Pub. L. 102-245, title V, Sec. 504, Feb. 14, 1992, 106 Stat. 24.)

-COD-
                               CODIFICATION                           
      Subsec. (c) of this section, which required the Secretary to
    annually submit to Congress an update of the report submitted under
    subsec. (b) of this section, terminated, effective May 15, 2000,
    pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance. See,
    also, page 52 of House Document No. 103-7.
      Section was enacted as part of the American Technology
    Preeminence Act of 1991, and not as part of the Stevenson-Wydler
    Technology Innovation Act of 1980 which comprises this chapter.

-End-

-CITE-
    15 USC Sec. 3717                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 63 - TECHNOLOGY INNOVATION

-HEAD-
    Sec. 3717. National Quality Council

-STATUTE-
    (a) Establishment and functions
      There is established a National Quality Council (hereafter in
    this section referred to as the "Council"). The functions of the
    Council shall be - 
        (1) to establish national goals and priorities for Quality
      performance in business, education, government, and all other
      sectors of the Nation;
        (2) to encourage and support the voluntary adoption of these
      goals and priorities by companies, unions, professional and
      business associations, coalition groups, and units of government,
      as well as private and nonprofit organizations;
        (3) to arouse and maintain the interest of the people of the
      United States in Quality performance, and to encourage the
      adoption and institution of Quality performance methods by all
      corporations, government agencies, and other organizations; and
        (4) to conduct a White House Conference on Quality Performance
      in the American Workplace that would bring together in a single
      forum national leaders in business, labor, education,
      professional societies, the media, government, and politics to
      address Quality performance as a means of improving United States
      competitiveness.
    (b) Membership
      The Council shall consist of not less than 17 or more than 20
    members, appointed by the Secretary. Members shall include - 
        (1) at least 2 but not more than 3 representatives from
      manufacturing industry;
        (2) at least 2 but not more than 3 representatives from service
      industry;
        (3) at least 2 but not more than 3 representatives from
      national Quality not-for-profit organizations;
        (4) two representatives from education, one with expertise in
      elementary and secondary education, and one with expertise in
      post-secondary education;
        (5) one representative from labor;
        (6) one representative from professional societies;
        (7) one representative each from local and State government;
        (8) one representative from the Federal Quality Institute;
        (9) one representative from the National Institute of Standards
      and Technology;
        (10) one representative from the Department of Defense;
        (11) one representative from a civilian Federal agency not
      otherwise represented on the Council, to be rotated among such
      agencies every 2 years; and
        (12) one representative from the Foundation for the Malcolm
      Baldrige National Quality Award.
    (c) Terms
      The term of office of each member of the Council appointed under
    paragraphs (1) through (7) of subsection (b) of this section shall
    be 2 years, except that when making the initial appointments under
    such paragraphs; the Secretary shall appoint not more than 50
    percent of the members to 1 year terms. No member appointed under
    such paragraphs shall serve on the Council for more than 2
    consecutive terms.
    (d) Chairman and Vice Chairman
      The Secretary shall designate one of the members initially
    appointed to the Council as Chairman. Thereafter, the members of
    the Council shall annually elect one of their number as Chairman.
    The members of the Council shall also annually elect one of their
    members as Vice Chairman. No individual shall serve as Chairman or
    Vice Chairman for more than 2 consecutive years.
    (e) Executive Director and employees
      The Council shall appoint and fix the compensation of an
    Executive Director, who shall hire and fix the compensation of such
    additional employees as may be necessary to assist the Council in
    carrying out its functions. In hiring such additional employees,
    the Executive Director shall ensure that no individual hired has a
    conflict of interest with the responsibilities of the Council.
    (f) Funding
      There is established in the Treasury of the United States a
    National Quality Performance Trust Fund, into which all funds
    received by the Council, through private donations or otherwise,
    shall be deposited. Amounts in such Trust Fund shall be available
    to the Council, to the extent provided in advance in appropriations
    Acts, for the purpose of carrying out the functions of the Council
    under this Act.
    (g) Contributions
      The Council may not accept private donations from a single source
    in excess of $25,000 per year. Private donations from a single
    source in excess of $10,000 per year may be accepted by the Council
    only on approval of two-thirds of the Council.
    (h) Annual report
      The Council shall annually submit to the President and the
    Congress a comprehensive and detailed report on - 
        (1) the progress in meeting the goals and priorities
      established by the Council;
        (2) the Council's operations, activities, and financial
      condition;
        (3) contributions to the Council from non-Federal sources;
        (4) plans for the Council's operations and activities for the
      future; and
        (5) any other information or recommendations the Council
      considers appropriate.

-SOURCE-
    (Pub. L. 102-245, title V, Sec. 507, Feb. 14, 1992, 106 Stat. 27.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (f), is Pub. L. 102-245, Feb.
    14, 1992, 106 Stat. 7, known as the American Technology Preeminence
    Act of 1991. For complete classification of this Act to the Code,
    see Short Title of 1992 Amendment note set out under section 3701
    of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the American Technology
    Preeminence Act of 1991, and not as part of the Stevenson-Wydler
    Technology Innovation Act of 1980 which comprises this chapter.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (h) of this section relating to annually submitting a report to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    page 184 of House Document No. 103-7.

-End-