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10 U.S.C. § 4026 — Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense, in carrying out research projects through the Defense Advanced Research Projects Agency, and the Secretary of each military department, in carrying out research projects, may permit the director of any federally funded research and development center to enter into cooperative research and development agreements with any person, any agency or instrumentality of the United States, any unit of State or local government, and any other entity under the authority granted by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a&num=0&edition=prelim)). Technology may be transferred to a non-Federal party to such an agreement consistent with the provisions of sections 11 and 12 of such Act ([15 U.S.C. 3710](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710&num=0&edition=prelim), 3710a).
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Stable record: federal_law:legal_authorities:record_usc_501fe400fc653bfd5f5ce375
Source file: Laws/federal/codes/united-states-code/title-10/section-4026-cooperative-research-and-development-agreements-under-stevenson-wydler-t--716d7360a5.md
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Source location: Title 10, Chapter 301, § 4026; chapter-301-research-and-engineering-generally.md
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The Secretary of Defense, in carrying out research projects through the Defense Advanced Research Projects Agency, and the Secretary of each military department, in carrying out research projects, may permit the director of any federally funded research and development center to enter into cooperative research and development agreements with any person, any agency or instrumentality of the United States, any unit of State or local government, and any other entity under the authority granted by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a&num=0&edition=prelim)). Technology may be transferred to a non-Federal party to such an agreement consistent with the provisions of sections 11 and 12 of such Act ([15 U.S.C. 3710](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710&num=0&edition=prelim), 3710a).
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Federal law — U.S. Code and appendices · legal_authorities
**(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, local, or territorial 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section207&num=0&edition=prelim), 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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 t
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Information Assurance Program.—** The Secretary of Defense shall carry out a program, to be known as the “Defense Information Assurance Program”, to protect and defend Department of Defense information, information systems, and information networks that are critical to the Department and the armed forces during day-to-day operations and operations in times of crisis.
**(b) Objectives of the Program.—** The objectives of the program shall be to provide continuously for the availability, integrity, authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential elements of the Defense Information Infrastructure.
**(c) Program Strategy.—** In carrying out the program, the Secretary shall develop a program strategy that encompasses those actions necessary to assure the readiness, reliability, continuity, and integrity of Defense information systems, networks, and infrastructure, including through compliance with subchapter II of chapter 35 of title 44, including through compliance with subchapter III of chapter 35 of title 44. The program strategy shall include the following:
(1) A vulnerability and threat assessment of elements of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces.
(2) Development of essential information assurances technologies and programs.
(3) Organization of the Department, the armed forces, and supporting activities to defend against information warfare.
(4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure.
(5) The conduct of exercises, war games, simulatio
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2224
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Federal law — U.S. Code and appendices · legal_authorities
Page 2632
TITLE 10—ARMED FORCES
§ 4026
Subsec. (f). Pub. L. 109–364, § 212(b), substituted ‘‘2010’’
for ‘‘2007’’.
2003—Subsec. (e). Pub. L. 108–136 inserted ‘‘during
which one or more prizes are awarded under the pro-
gram under subsection (a)’’ after ‘‘each fiscal year’’ in
introductory provisions.
2002—Subsec. (f). Pub. L. 107–314 substituted ‘‘Sep-
tember 30, 2007’’ for ‘‘September 30, 2003’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by section 1701(q)(1), (u)(2)(B), (3)(B) of
Pub. L. 117–81 applicable as if included in the enact-
ment of title XVIII of Pub. L. 116–283 as enacted, see
section 1701(a)(2) of Pub. L. 117–81, set out in a note pre-
ceding section 3001 of this title and note below.
Amendment by Pub. L. 116–283 effective Jan. 1, 2022,
with additional provisions for delayed implementation
and applicability of existing law, see section 1801(d) of
Pub. L. 116–283, set out as a note preceding section 3001
of this title.
EFFECTIVE DATE OF 2016 AMENDMENT
Pub. L. 114–328, div. A, title X, § 1081(c), Dec. 23, 2016,
130 Stat. 2419, provided that the amendment made by
section 1081(c)(6) is effective as of Nov. 25, 2015, and as
if included in Pub. L. 114–92 as enacted.
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 111–383 effective Jan. 1, 2011,
see section 901(p) of Pub. L. 111–383, set out as a note
under section 131 of this title.
PRIZE
COMPETITION
FOR
TECHNOLOGY
THAT
DETECTS
AND
WATERMARKS
USE
OF
GENERATIVE
ARTIFICIAL
INTELLIGENCE
Pub. L. 118–31, div. A, title XV, § 1543, Dec. 22, 2023, 137
Stat. 573, provided that:
‘‘(a) ESTABLISHMENT.—Not later than 270 days after
the date of the enactment of this Act [Dec. 22, 2023],
under the authority of section 4025 of title 10, United
States
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4026
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Federal law — U.S. Code and appendices · legal_authorities
Page 2041
TITLE 15—COMMERCE AND TRADE
§ 3710
other the opportunity to comment on any pro-
posed 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 du-
plication.
(Pub. L. 96–480, § 10, formerly § 9, Oct. 21, 1980, 94
Stat. 2316; Pub. L. 99–502, § 9(e)(2)(C), Oct. 20,
1986, 100 Stat. 1797; Pub. L. 100–107, § 3(b), Aug. 20,
1987, 101 Stat. 727; renumbered § 10 and amended
Pub. L. 100–418, title V, § 5122(a)(1), (c), Aug. 23,
1988, 102 Stat. 1438, 1439; Pub. L. 102–240, title VI,
§ 6019, Dec. 18, 1991, 105 Stat. 2183.)
Editorial Notes
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 classi-
fied to section 3709 of this title, prior to repeal by sec-
tion 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 origi-
nal act.
1988—Subsec. (d). Pub. L. 100–418, § 5122(c), made tech-
nical amendment to references to sections 3705, 3707,
3710, 3710d, 3711a, and 3712 of this title to reflect renum-
bering 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.
§ 3709. Repealed. Pub. L. 99–502, § 9(a), Oct. 20,
1986, 100 Stat. 1795
Section, Pub. L. 96–480, § 10, Oct. 21, 1980, 94 Stat. 2317,
related to establishment, duties, membership, and
terms of Nati
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3710
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Federal law — U.S. Code and appendices · legal_authorities
Page 2047
TITLE 15—COMMERCE AND TRADE
§ 3710a
national agreements to which the United States and
such foreign governments are signatories.
(b) The Secretary of State shall develop a recruit-
ment 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 de-
velop a central mechanism for the prompt and efficient
dissemination of science and technology information
developed abroad to users in Federal laboratories, aca-
demic institutions, and the private sector on a fee-for-
service basis.
SEC. 5. Technology Transfer from the Department of De-
fense. 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 Sec-
retary shall then accelerate efforts to make these tech-
nologies more readily available to United States indus-
tries and universities.
SEC. 6. Basic Science and Technology Centers. The head
of each Executive department and agency shall exam-
ine 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 Govern-
ment, 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
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3710a
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