a protest against the award or proposed award of a
Federal agency procurement contract;
‘‘(6) prohibit individual meetings between an
agency employee and a competitor for or recipient of
a contract or subcontract under a Federal agency
procurement, provided that unauthorized disclosure
or receipt of contractor bid or proposal information
or source selection information does not occur; or
‘‘(7) limit the applicability of the requirements,
sanctions, contract penalties, and remedies estab-
lished under any other law or regulation.
‘‘(h) This section does not apply to the conduct of
a Federal agency procurement for an amount not greater
than the simplified acquisition threshold as defined in sec-
tion 4(11).’’.
‘‘(b) Government-wide regulations and guidelines
deemed appropriate to carry out this Act shall be issued
in the Federal Acquisition Regulation by the Department
of Defense, the General Services Administration, and the
National Aeronautics and Space Administration, in coordi-
nation with the Federal Acquisition Regulatory Council.
SEC. 6002. REPEALS.
Subsection 32(c) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 28(c)) is repealed.
SEC. 6003. CONFORMING AMENDMENTS.
Section 32 of the Office of Federal Procurement Pol-
icy Act is amended by redesignating subsections (d), (e),
(f), and (g) as (c), (d), (e), and (f).
Subtitle B—Additional Amendments
SEC. 6051. INAPPLICABILITY OF PROHIBITION ON GRATU-
ITIES.
Section 2207 of title 10, United States Code, is
amended—
(1) by inserting ‘‘in excess of the simplified ac-
quisition threshold (as defined in section 4(11) of
the Office of Federal Procurement Policy Act (41
U.S.C. 403(11))’’ after ‘‘may not be spent under a
contract’’; and
(2) by inserting ‘‘or for commercial items as de-
fined in section 4(12) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 403(12))’’ after ‘‘a
contract for personal services’’.
Subtitle C—Intellectual Property
SEC. 6101. TECHNOLOGY INNOVATION.
(a) COOPERATIVE RESEARCH AND DEVELOPMENT
AGREEMENTS.—Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is
amended—
(1) in subsection (a)(1), by striking out ‘‘(in-
cluding licensees of inventions owned by the Federal
agency);’’ and inserting in lieu thereof ‘‘(including li-
censees of inventions or copyrights owned by the
Federal agency);’’ and further by deleting ‘‘and’’;
(2) by adding ‘‘and’’ at the end of paragraph
(2);
(3) in subsection (a), by adding at the end the
following new paragraph:
‘‘(3) to negotiate licensing agreements following
the criteria set forth in section 209 of title 35 or
under other authorities (in the case of a Govern-
ment-owned, contractor-operated laboratory, subject
to subsection (c) of this section) for copyrights
owned by the Government pursuant to subsection
(h) or copyrights that may be voluntarily assigned to
the Government.’’;
(4) in subsection (b), by amending paragraphs
(2) and (3) to read as follows:
‘‘(2) grant or agree to grant in advance, to a
collaborating party, patent and copyright licenses or
assignments, or options thereto, in any invention
made or computer programs prepared in whole or in
part by a laboratory employee under the agreement,
retaining a nonexclusive, nontransferable, irrev-
ocable, paid-up license to practice the invention and
exercise all rights under the copyright or have the
invention practiced and have all rights under any
copyright for the computer program exercised
throughout the world by or on behalf of the Govern-
ment and such other rights as the Federal labora-
tory deems appropriate; provided in agreements hav-
ing as a primary purpose the research, development
or utilization of products or services for the commer-
cial market, agencies may limit the retained govern-
ment license under any copyright for a computer
program, reserving, however, at a minimum, the
paid-up, worldwide right in the government to repro-
duce, prepare derivative works, and to distribute to
other United States agencies and their contractors
for government purposes;
‘‘(3) waive, subject to reservation by the Gov-
ernment of a nonexclusive, irrevocable, paid-up li-
cense to practice the invention and exercise all rights
under any copyright or have the invention practiced
and all rights under any copyright exercised
throughout the world by or on behalf of the Govern-
ment, in advance, in whole or in part, any right of
ownership which the Federal Government may have
to any subject invention made or copyrighted work
prepared under the agreement by a collaborating
party or employee of a collaborating party; provided
in agreements having as a primary purpose the re-
search, development or utilization of products or
services for the commercial market, agencies may
limit the retained government license under any
copyright for a computer program, reserving, how-
ever, at a minimum, the paid-up, worldwide right in
the government to reproduce, prepare derivative
works, and to distribute to other United States
agencies and their contractors for government pur-
poses;’’;
(5) by amending subsection (b)(5) to read as
follows:
‘‘(5) to the extent consistent with any applica-
ble agency requirements and standards of conduct,
permit employees or former employees of the labora-
tory to participate in efforts to commercialize inven-
tions they made or copyrighted works they prepared
while in the service of the United States, notwith-
standing that such employees may have received roy-
alties pursuant to section 3710c of title 15; pro-
vided, however, that such inventor or author did not
personally and substantially participate in the selec-
tion of the collaborating party to the cooperative re-
search and development agreement or in the negotia-
tion of the licensing agreement. A Government-
owned, contractor-operated laboratory that enters
into a cooperative research and development agree-
ment 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 or copyrighted work only (i) for
payments to inventors and authors; (ii) for the pur-
poses described in section 3710(a)(1)(B) (i), (ii),
and (iv) of this title; and (iii) for scientific research
and development consistent with the research and
development missions and objectives of the labora-
tory.’’;
(6) in subsection (d), by striking out ‘‘DEFINI-
TIONS.—As used in this section—’’ and inserting in
lieu thereof:
‘‘(d) DEFINITIONS.—As used in sections 12, 13, 14,
and 15 of the Stevenson-Wydler Technology Innovation
Act of 1980, (15 U.S.C. 3710a, 3710b, 3710c, and
3710d)—’’
(7) in subsection (d), by adding at the end the
following new paragraphs:
‘‘(5) the term ‘Computer Program’ means a
computer program as defined in section 101 of title
17, United States Code and includes instructions
necessary to use the program, but does not include