15 U.S.C. § 3705 — Cooperative Research Centers

Page 2038 TITLE 15—COMMERCE AND TRADE § 3704b–1 riod beginning on the date of their establishment, un- less, 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 estab- lished by the Congress, its duration is otherwise pro- vided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. NATIONAL TECHNICAL INFORMATION SERVICE REVOLVING FUND Pub. L. 102–395, title II, Oct. 6, 1992, 106 Stat. 1853, pro- vided that: ‘‘For establishment of a National Technical Information Service Revolving Fund, $8,000,000 without fiscal year limitation: Provided, That unexpended bal- ances 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 activi- ties 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 ex- penses incurred in performing the activities of the Na- tional Technical Information Service, including mod- ernization, 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.’’ § 3704b–1. Recovery of operating costs through fee collections Operating costs for the National Technical In- formation Service associated with the acquisi- tion, processing, storage, bibliographic control, and archiving of information and documents shall be recovered primarily through the collec- tion of fees. (Pub. L. 102–245, title I, § 103(c), Feb. 14, 1992, 106 Stat. 8.) Editorial Notes CODIFICATION Section was enacted as part of the American Tech- nology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter. § 3704b–2. Transfer of Federal scientific and tech- nical information (a) Transfer The head of each Federal executive depart- ment or agency shall transfer in a timely man- ner to the National Technical Information Serv- ice unclassified scientific, technical, and engi- neering information which results from feder- ally funded research and development activities for dissemination to the private sector, aca- demia, State and local governments, and Fed- eral 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 as- sessments generated pursuant to section 3710(c) of this title, and information regarding training technology and other federally owned or origi- nated technologies. The Secretary shall issue regulations within one year after February 14, 1992, outlining procedures for the ongoing trans- fer of such information to the National Tech- nical Information Service. (b) Annual report to Congress As part of the annual report required under section 3704b(f)(3) of this title, the Secretary shall report to Congress on the status of efforts under this section to ensure access to Federal scientific and technical information by the pub- lic. Such report shall include— (1) an evaluation of the comprehensiveness of transfers of information by each Federal ex- ecutive department or agency under sub- section (a); (2) a description of the use of Federal sci- entific and technical information; (3) plans for improving public access to Fed- eral scientific and technical information; and (4) recommendations for legislation nec- essary to improve public access to Federal sci- entific and technical information. (Pub. L. 102–245, title I, § 108, Feb. 14, 1992, 106 Stat. 13.) Editorial Notes CODIFICATION Section was enacted as part of the American Tech- nology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter. § 3705. Cooperative Research Centers (a) Establishment The Secretary shall provide assistance for the establishment of Cooperative Research Centers. Such Centers shall be affiliated with any univer- sity, 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 in- dustry and universities in cooperative techno- logical 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 impor- tance, 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 ex- pertise, where appropriate, that exists in Fed- eral laboratories; and (6) the development of continuing financial support from other mission agencies, from State and local government, and from indus- try 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 busi- nesses in the generation, evaluation, and de- Page 2039 TITLE 15—COMMERCE AND TRADE § 3706 velopment of technological ideas supportive of industrial innovation and new business ven- tures; (3) technical assistance and advisory serv- ices 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 ac- tivities under this subsection. (c) Requirements Prior to establishing a Center, the Secretary shall find that— (1) consideration has been given to the po- tential contribution of the activities proposed under the Center to productivity, employ- ment, 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 in- stitution 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 non- exclusive, 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 institu- tion’s capabilities and geographical location; and (5) consideration has been given to any ef- fects upon competition of the activities pro- posed 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 devel- oping a plan required under subsection (c)(3). (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. (Pub. L. 96–480, § 7, formerly § 6, Oct. 21, 1980, 94 Stat. 2313; Pub. L. 99–502, § 9(b)(6)–(10), Oct. 20, 1986, 100 Stat. 1796; renumbered § 7, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438.) Editorial Notes 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, § 9(b)(7), substituted ‘‘Cooperative Research Centers’’ for ‘‘Centers for Indus- trial Technology’’. Subsec. (b)(1). Pub. L. 99–502, § 9(b)(8), struck out ‘‘basic and applied’’ after ‘‘industry-university’’. Subsec. (e). Pub. L. 99–502, § 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, au- thorized supporting agency to require the Center to grant licenses to the invention to responsible appli- cants in certain cases, and provided for judicial review of licensing determinations by the supporting agency. Subsec. (f). Pub. L. 99–502, § 9(b)(10), struck out sub- sec. (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.’’ Statutory Notes and Related Subsidiaries MODEL PROGRAM Pub. L. 101–510, div. A, title VIII, § 827(b), Nov. 5, 1990, 104 Stat. 1607, as amended by Pub. L. 102–190, div. A, title X, § 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 Om- nibus 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 De- fense and the Secretary of Energy, model programs for national defense laboratories. ‘‘(2) Model programs under this subsection shall in- volve Federal laboratories, small businesses, and part- nership intermediaries. The purpose of the model pro- grams is to demonstrate successful relationships be- tween the Federal Government, State and local govern- ments, and small businesses which encourage economic growth through the commercial application of tech- nology resulting from federally funded research. ‘‘(3) In this subsection, the term ‘national defense laboratory’ means any laboratory, federally funded re- search and development center (FFRDC), or other cen- ter 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 lab- oratory, FFRDC, or other center under the Sec- retary’s jurisdiction is to support the national de- fense activities of the Department of Defense or the Department of Energy.’’ § 3706. Grants and cooperative agreements (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. (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.