15 U.S.C. § 3708 — Administrative arrangements

Page 2040 TITLE 15—COMMERCE AND TRADE § 3707 (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 reg- ulation prescribe as being necessary and appro- priate to facilitate effective audit and evalua- tion, 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. (Pub. L. 96–480, § 8, formerly § 7, Oct. 21, 1980, 94 Stat. 2315; renumbered § 8 and amended Pub. L. 100–418, title V, §§ 5115(b)(1), 5122(a)(1), Aug. 23, 1988, 102 Stat. 1433, 1438; Pub. L. 114–329, title II, § 203, Jan. 6, 2017, 130 Stat. 2998.) Editorial Notes 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 2017—Subsec. (a). Pub. L. 114–329 struck out at end ‘‘The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program.’’ 1988—Subsec. (b). Pub. L. 100–418, § 5115(b)(1), sub- stituted ‘‘Assistant Secretary’’ for ‘‘Director’’. § 3707. National Science Foundation Cooperative Research Centers (a) Establishment and provisions The National Science Foundation shall pro- vide assistance for the establishment of Cooper- ative 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 innova- tion 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 author- ized to make available nonrenewable planning grants to universities or nonprofit institutions for the purpose of developing the plan, as de- scribed under section 3705(c)(3) of this title. (c) Terms and conditions Grants, contracts, and cooperative agreements entered into by the National Science Founda- tion in execution of the powers and duties of the National Science Foundation under this chapter shall be governed by the National Science Foun- dation Act of 1950 [42 U.S.C. 1861 et seq.] and other pertinent Acts. (Pub. L. 96–480, § 9, formerly § 8, Oct. 21, 1980, 94 Stat. 2316; Pub. L. 99–502, § 9(b)(11), (12), (e)(2)(B), Oct. 20, 1986, 100 Stat. 1796, 1797; renumbered § 9, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; Pub. L. 106–404, § 7(4), Nov. 1, 2000, 114 Stat. 1745.) Editorial Notes 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, which is classified generally to chapter 16 (§ 1861 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 1861 of Title 42 and Ta- bles. 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 ‘‘Coopera- tive 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.’’ § 3708. Administrative arrangements (a) Coordination The Secretary and the National Science Foun- dation shall, on a continuing basis, obtain the advice and cooperation of departments and agencies whose missions contribute to or are af- fected 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, En- ergy, Education, Health and Human Services, Housing and Urban Development, the Environ- mental Protection Agency, National Aero- nautics and Space Administration, Small Busi- ness Administration, Council of Economic Ad- visers, Council on Environmental Quality, and Office of Science and Technology Policy. (b) Cooperation It is the sense of the Congress that depart- ments and agencies, including the Federal lab- oratories, 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 sub- section (b) are authorized to participate in, con- tribute 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 activi- ties of the Centers and any other activities au- thorized under this chapter. (d) Cooperative efforts The Secretary and the National Science Foun- dation shall, on a continuing basis, provide each 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 National Industrial Technology Board. § 3710. Utilization of Federal technology (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 re- search and development. To this end the Federal Government shall strive where appropriate to transfer federally owned or originated tech- nology to State and local governments and to the private sector. (2) Technology transfer, consistent with mis- sion 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, em- ployee 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 Of- fice of Research and technology Applications. Laboratories having existing organizational structures which perform the functions of this section may elect to combine the Office of Re- search and Technology Applications within the existing organization. The staffing and funding levels for these offices shall be determined be- tween 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, engineer- ing, 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 labora- tories shall make available sufficient funding, either as a separate line item or from the agen- cy’s research and development budget, to sup- port the technology transfer function at the agency and at its laboratories, including support of the Offices of Research and Technology Appli- cations. Furthermore, individuals filling posi- tions in an Office of Research and Technology Applications shall be included in the overall lab- oratory/agency management development pro- gram so as to ensure that highly competent technical managers are full participants in the technology transfer process. (c) Functions of Research and Technology Appli- cations Offices It shall be the function of each Office of Re- search and Technology Applications— (1) to prepare application assessments for se- lected research and development projects in which that laboratory is engaged and which in the opinion of the laboratory may have poten- tial commercial applications; (2) to provide and disseminate information on federally owned or originated products, processes, and services having potential appli- cation 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 Trans- fer, and other organizations which link the re- search and development resources of that lab- oratory 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 facili- tate or stimulate the transfer of technology for the benefit of the region, State, or local ju- risdiction in which the Federal laboratory is located. Agencies which have established organizational structures outside their Federal laboratories which have as their principal purpose the trans- fer of federally owned or originated technology to State and local government and to the pri- vate sector may elect to perform the functions of this subsection in such organizational struc- tures. No Office of Research and Technology Ap- plications 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—