15 U.S.C. § 3710a — Cooperative research and development

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 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 representa- tive Federal laboratories, or their designees, in order to identify and disseminate creative approaches to tech- nology transfer from Federal laboratories. The task force will report to the President on the progress of and problems with technology transfer from Federal lab- oratories. (b) Specifically, the report shall include: (1) a listing of current technology transfer programs and an assessment of the effectiveness of these pro- grams; (2) identification of new or creative approaches to technology transfer that might serve as model pro- grams 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 ap- propriate, related cooperative research and develop- ment 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 con- sideration, under this Order, any technology that would be, if transferred, detrimental to the interests of national security. RONALD REAGAN. § 3710a. Cooperative research and development agreements (a) General authority Each Federal agency may permit the director of any of its Government-operated Federal lab- oratories, and, to the extent provided in an agency-approved joint work statement or, if per- mitted by the agency, in an agency-approved an- nual strategic plan, the director of any of its Government-owned, contractor-operated labora- tories— (1) to enter into cooperative research and de- velopment agreements on behalf of such agen- cy (subject to subsection (c) of this section) with other Federal agencies; units of State, local, or territorial government; industrial or- ganizations (including corporations, partner- ships, and limited partnerships, and industrial development organizations); public and pri- vate foundations; nonprofit organizations (in- cluding universities); or other persons (includ- ing licensees of inventions owned by the Fed- eral agency); and (2) to negotiate licensing agreements under section 207 of title 35, or under other authori- ties (in the case of a Government-owned, con- tractor-operated laboratory, subject to sub- section (c) of this section) for inventions made or other intellectual property developed at the laboratory and other inventions or other intel- lectual property that may be voluntarily as- signed 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 agree- ment, or, subject to section 209 of title 35, may grant a license to an invention which is feder- ally owned, for which a patent application was filed before the signing of the agreement, and di- rectly 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 li- cense 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 encom- pass 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, irrev- ocable, paid-up license from the collaborating party to the laboratory to practice the inven- tion or have the invention practiced through- out the world by or on behalf of the Govern- ment. In the exercise of such license, the Gov- ernment shall not publicly disclose trade se- crets 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 ob- tained 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 nonexclu- sive, partially exclusive, or exclusive license to use the invention in the applicant’s li- censed field of use, on terms that are reason- able under the circumstances; or Page 2048 TITLE 15—COMMERCE AND TRADE § 3710a 1 See References in Text note below. (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 excep- tional circumstances and only if the Govern- ment determines that— (i) the action is necessary to meet health or safety needs that are not reasonably sat- isfied by the collaborating party; (ii) the action is necessary to meet re- quirements for public use specified by Fed- eral 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 provi- sions described in subsection (c)(4)(B). This determination is subject to administra- tive appeal and judicial review under section 203(2) 1 of title 35. (2) Under agreements entered into pursuant to subsection (a)(1), 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), 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 re- strictions of the agency; (C) to the extent consistent with any appli- cable agency requirements or standards of conduct, permit an employee or former em- ployee 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 Gov- ernment 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 agree- ment by a collaborating party or employee of a collaborating party. (4) A collaborating party in an exclusive li- cense in any invention made under an agree- ment entered into pursuant to subsection (a)(1) shall have the right of enforcement under chap- ter 29 of title 35. (5) A Government-owned, contractor-operated laboratory that enters into a cooperative re- search and development agreement pursuant to subsection (a)(1) may use or obligate royalties or other income accruing to the laboratory under such agreement with respect to any inven- tion 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 Administra- tion, a designated official of that Administra- tion may waive any license retained by the Gov- ernment 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 sub- paragraph (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 subpara- graph 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 pre- ceding year. (c) Contract considerations (1) A Federal agency may issue regulations on suitable procedures for implementing the provi- sions of this section; however, implementation of this section shall not be delayed until issuance of such regulations. (2) The agency in permitting a Federal labora- tory 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) shall review standards of conduct for its employees for resolving potential conflicts of interest to make sure they ade- quately establish guidelines for situations likely to arise through the use of this authority, in- cluding 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 agree- ments to enter into shall— (A) give special consideration to small busi- ness firms, and consortia involving small busi- ness firms; and (B) give preference to business units located in the United States which agree that prod- Page 2049 TITLE 15—COMMERCE AND TRADE § 3710a 2 So in original. Probably should be ‘‘(ii)’’. ucts embodying inventions made under the co- operative research and development agree- ment or produced through the use of such in- ventions will be manufactured substantially in the United States and, in the case of any in- dustrial organization or other person subject to the control of a foreign company or govern- ment, as appropriate, take into consideration whether or not such foreign government per- mits United States agencies, organizations, or other persons to enter into cooperative re- search and development agreements and li- censing 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 pre- sented 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 pre- sented to him or her by the head of the labora- tory concerned. (B) In any case in which the head of an agency or his designee disapproves or requires the modi- fication of an agreement presented by the direc- tor of a Government-operated laboratory under this section, the head of the agency or such des- ignee 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 Fed- eral agency shall submit to the agency any co- operative 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 spe- cific modifications to, or disapprove the pro- posed agreement and joint work statement with- in 30 days after such submission. No agreement may be entered into by a Government-owned, contractor-operated laboratory under this sec- tion 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 agree- ment 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 develop- ment agreements for purposes of standardizing practices and procedures, resolving common legal issues, and enabling review of cooperative research and development agreements to be car- ried out in a routine and prompt manner. (v) A Federal agency may waive the require- ments of clause (i) or (ii) under such cir- cumstances 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 finan- cial information that is privileged or confiden- tial, under the meaning of section 552(b)(4) of title 5, which is obtained in the conduct of re- search 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)(i) Subject to clause (ii), the director, or in the case of a contractor-operated laboratory, the agency, for a period of up to 5 years after de- velopment of information that results from re- search and development activities conducted under this chapter and that would be a trade se- cret or commercial or financial information that is privileged or confidential if the informa- tion had been obtained from a non-Federal party participating in a cooperative research and de- velopment agreement, may provide appropriate protections against the dissemination of such information, including exemption from sub- chapter II of chapter 5 of title 5. (II) 2 The agency may authorize the director to provide appropriate protections against dissemi- nation described in clause (i) for a total period of not more than 30 years if the agency deter- mines that the nature of the information pro- tected against dissemination, including nuclear technology, could reasonably require an ex- tended period of that protection to reach com- mercialization. (d) Definitions As used in this section— (1) the term ‘‘cooperative research and de- velopment agreement’’ means any agreement between one or more Federal laboratories and one or more non-Federal parties under which the Government, through its laboratories, pro- vides personnel, services, facilities, equip- ment, 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, fa- cilities, equipment, intellectual property, or other resources toward the conduct of speci- fied research or development efforts which are consistent with the missions of the laboratory; except that such term does not include a pro- curement 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 agen- cy, a substantial purpose of which is the per- formance of research, development, or engi- neering by employees of the Federal Govern- ment; (B) a group of Government-owned, con- tractor-operated facilities (including a weap- on 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 dis- mantlement of a nuclear weapon or its com- ponents, for the Federal Government; and (C) a Government-owned, contractor-oper- ated facility (including a weapon production facility of the Department of Energy) that is Page 2050 TITLE 15—COMMERCE AND TRADE § 3710a 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, mainte- nance, testing, or dismantlement of a nu- clear weapon or its components, for the Fed- eral Government, but such term does not include any facility covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the naval nu- clear propulsion program; (3) the term ‘‘joint work statement’’ means a proposal prepared for a Federal agency by the director of a Government-owned, con- tractor-operated laboratory describing the purpose and scope of a proposed cooperative research and development agreement, and as- signing 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 Sec- retary of Energy that is operated for national security purposes and is engaged in the pro- duction, maintenance, testing, or dismantle- ment 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 pro- gram missions at the laboratory, including any national security mission. (2) Classified information and unclassified sensitive information protected by law, regu- lation, or Executive order shall be appro- priately safeguarded. (h) Territorial governments For the purposes of this section, the govern- ment of a territory of the United States shall be considered a non-Federal party. (Pub. L. 96–480, § 12, as added and renumbered § 11, Pub. L. 99–502, §§ 2, 9(e)(1), Oct. 20, 1986, 100 Stat. 1785, 1797; renumbered § 12, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; amended Pub. L. 100–519, title III, § 301, Oct. 24, 1988, 102 Stat. 2597; Pub. L. 101–189, div. C, title XXXI, § 3133(a), (b), Nov. 29, 1989, 103 Stat. 1675, 1677; Pub. L. 102–25, title VII, § 705(g), Apr. 6, 1991, 105 Stat. 121; Pub. L. 102–245, title III, § 302(a), Feb. 14, 1992, 106 Stat. 20; Pub. L. 102–484, div. C, title XXXI, § 3135(a), Oct. 23, 1992, 106 Stat. 2640; Pub. L. 103–160, div. C, title XXXI, § 3160, Nov. 30, 1993, 107 Stat. 1957; Pub. L. 104–113, § 4, Mar. 7, 1996, 110 Stat. 775; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3196], Oct. 30, 2000, 114 Stat. 1654, 1654A–481; Pub. L. 106–404, § 3, Nov. 1, 2000, 114 Stat. 1742; Pub. L. 117–58, div. D, title III, § 40322(b)(1), Nov. 15, 2021, 135 Stat. 1018; Pub. L. 118–159, div. A, title XVII, § 1705, Dec. 23, 2024, 138 Stat. 2208.) Editorial Notes 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, § 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. AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–159, § 1705(1), sub- stituted ‘‘State, local, or territorial government’’ for ‘‘State or local government’’. Subsec. (h). Pub. L. 118–159, § 1705(2), added subsec. (h). 2021—Subsec. (c)(7)(B). Pub. L. 117–58 designated ex- isting provisions as cl. (i), substituted ‘‘Subject to clause (ii), the director’’ for ‘‘The director’’, and added cl. (II). 2000—Subsec. (a). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3196(a)], substituted ‘‘joint work statement or, if permitted by the agency, in an agency-approved an- nual strategic plan,’’ for ‘‘joint work statement,’’ in in- troductory provisions. Subsec. (b)(1). Pub. L. 106–404, in first sentence, in- serted ‘‘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 agree- ment,’’. Subsec. (b)(6). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3196(b)], added par. (6). Subsec. (c)(5)(C), (D). Pub. L. 106–398, § 1 [div. C, title XXXI, § 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 pro- viding 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 col- laborating party be provided option of choosing exclu- sive license for pre-negotiated field of use for any in- vention under agreement or that collaborating party be offered option of holding licensing rights that collec- tively encompass rights that would be held under such exclusive license by one party, to set forth explicit con- ditions 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, irrev- ocable, paid-up license to practice invention by or on behalf of Government for research or for other Govern- ment purposes. 1993—Subsec. (d)(2)(B). Pub. L. 103–160, § 3160(1), in- serted ‘‘(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, § 3160(2), inserted ‘‘(including a weapon production facility of the Depart- ment of Energy)’’ after ‘‘facility’’ and ‘‘, or the produc- tion, maintenance, testing, or dismantlement of a nu- clear weapon or its components,’’ after ‘‘research and development’’. Subsec. (d)(4). Pub. L. 103–160, § 3160(3)–(5), added par. (4). Page 2051 TITLE 15—COMMERCE AND TRADE § 3710a 1992—Subsec. (c)(5)(C)(i). Pub. L. 102–484, § 3135(a)(1), substituted ‘‘Except as provided in subparagraph (D), any agency’’ for ‘‘Any agency’’. Subsec. (c)(5)(D). Pub. L. 102–484, § 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, § 3133(a)(1)(A), in- serted ‘‘, and, to the extent provided in an agency-ap- proved 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, § 3133(a)(1)(B), (C), sub- stituted ‘‘(in the case of a Government-owned, con- tractor-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, § 3133(a)(2)(A), (C), in- serted ‘‘, and, to the extent provided in an agency-ap- proved joint work statement, a Government-owned, contractor-operated laboratory,’’ after ‘‘Government- operated Federal laboratory’’ in introductory provi- sions and inserted concluding provisions ‘‘A Govern- ment-owned, contractor-operated laboratory that en- ters 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 de- velopment mission and objectives of the laboratory.’’ Subsec. (b)(2). Pub. L. 101–189, § 3133(a)(2)(B), sub- stituted ‘‘a laboratory employee’’ for ‘‘a Federal em- ployee’’. Subsec. (c)(3)(A). Pub. L. 101–189, § 3133(a)(3), sub- stituted ‘‘standards of conduct for its employees’’ for ‘‘employee standards of conduct’’. Subsec. (c)(5)(A). Pub. L. 101–189, § 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, § 3133(a)(5), inserted ‘‘by the director of a Government-operated laboratory’’ after ‘‘an agreement presented’’. Subsec. (c)(5)(C). Pub. L. 101–189, § 3133(a)(6), added subpar. (C). Subsec. (c)(7). Pub. L. 101–189, § 3133(a)(7), added par. (7). Subsec. (d)(2). Pub. L. 101–189, § 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, § 3133(a)(8)(A), (C), added par. (3). Subsec. (g). Pub. L. 101–189, § 3133(b), added subsec. (g). 1988—Subsec. (a)(2). Pub. L. 100–519, § 301(1), sub- stituted ‘‘or other intellectual property developed at the laboratory and other inventions or other intellec- tual property’’ for ‘‘at the laboratory and other inven- tions’’. Subsec. (b)(4), (5). Pub. L. 100–519, § 301(2), added par. (4) and redesignated former par. (4) as (5). Statutory Notes and Related Subsidiaries APPLICABILITY OF 2021 AMENDMENT Pub. L. 117–58, div. D, title III, § 40322(b)(2), Nov. 15, 2021, 135 Stat. 1018, provided that: ‘‘(A) DEFINITION.—In this subsection, the term ‘coop- erative research and development agreement’ has the meaning given the term in section 12(d) of the Steven- son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). ‘‘(B) RETROACTIVE EFFECT.—Clause (ii) [sic] of section 12(c)(7)(B) of the Stevenson-Wydler Technology Innova- tion Act of 1980 (15 U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this section, shall apply with respect to any cooperative research and development agree- ment that is in effect as of the day before the date of enactment of this Act [Nov. 15, 2021].’’ WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT PROCEDURES Pub. L. 106–404, § 8, Nov. 1, 2000, 114 Stat. 1746, pro- vided that: ‘‘(a) REVIEW.—Within 90 days after the date of the en- actment 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 re- search 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 Tech- nology Council and the Congress on the general policies and procedures used by that agency to gather and con- sider the views of other agencies on— ‘‘(1) joint work statements under section 12(c)(5)(C) or (D) of the Stevenson-Wydler Technology Innova- tion 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 Inno- vation Act of 1980 (15 U.S.C. 3710a(d)(2)(A)), coopera- tive research and development agreements under such section 12, with respect to major proposed cooperative research and development agreements that involve critical na- tional 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 Tech- nology Council, in conjunction with relevant Federal agencies and national laboratories, shall— ‘‘(1) determine the adequacy of existing procedures and methods for interagency coordination and aware- ness with respect to cooperative research and devel- opment 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 agen- cies on joint work statements or cooperative re- search 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 develop- ment agreements described in subsection (a). Procedures established under this subsection shall be designed to the extent possible to use or modify exist- ing procedures, to minimize burdens on Federal agen- cies, 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 Tech- nology Policy, the National Science and Technology Council, or any Federal agency the authority to dis- approve a cooperative research and development agree- Page 2052 TITLE 15—COMMERCE AND TRADE § 3710b 1 So in original. Probably should be capitalized. ment 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 re- search and development activities on magnetic levita- tion technology using contracts or cooperative re- search 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 Pub. L. 101–189, div. C, title XXXI, § 3133(d), Nov. 29, 1989, 103 Stat. 1678, as amended by Pub. L. 101–510, div. A, title VIII, § 828(a), Nov. 5, 1990, 104 Stat. 1607, pro- vided that: ‘‘(1) Not later than 150 days after the date of enact- ment of this Act [Nov. 29, 1989], each agency which has contracted with a non-Federal entity to operate a Gov- ernment-owned laboratory shall propose for inclusion in that laboratory’s operating contract, to the extent not already included and subject to paragraph (6), ap- propriate contract provisions that— ‘‘(A) establish technology transfer, including coop- erative 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 respon- sibilities of the agency and the laboratory with re- spect to this part [part C (§§ 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 Inno- vation 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 sub- stantial role (including an advisory role) in the prep- aration, negotiation, or approval of a cooperative re- search and development agreement if, to such em- ployee’s knowledge— ‘‘(i) such employee, or the spouse, child, parent, sibling, or partner of such employee, or an organi- zation (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 ap- proval of the cooperative research and develop- ment 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 ap- proval of the cooperative research and develop- ment 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 co- operative 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 agen- cy 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 coopera- tive 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 re- viewed the applicable joint work statement under sec- tion 12(c)(5)(C)(i) of the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3710a(c)(5)(C)(i)] in ad- vance of the matter in which he is to participate and the nature of any financial interest described in para- graph (1)(C), and where the agency employee deter- mines 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 enact- ment of this Act [Nov. 29, 1989], each agency which has contracted with a non-Federal entity to operate a Gov- ernment-owned laboratory shall submit a report to the Congress which includes a copy of each contract provi- sion amended pursuant to this subsection. ‘‘(4) No Government-owned, contractor-operated lab- oratory may enter into a cooperative research and de- velopment agreement under section 12 of the Steven- son-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, con- tractor-operated laboratory entered into after the expi- ration of 150 days after the date of enactment of this Act [Nov. 29, 1989] shall contain the provisions de- scribed 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, § 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].’’] § 3710b. Rewards for scientific, engineering, and technical personnel of Federal agencies The head of each Federal agency that is mak- ing expenditures at a rate of more than $50,000,000 per fiscal year for research and devel- opment 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 tech- nical personnel for— (1) inventions, innovations, computer soft- ware, or other outstanding scientific or tech- nological 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. (Pub. L. 96–480, § 13, as added and renumbered § 12, Pub. L. 99–502, §§ 6, 9(e)(1), Oct. 20, 1986, 100 Stat. 1792, 1797; renumbered § 13, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; amended Pub. L. 100–519, title III, § 302, Oct. 24, 1988, 102 Stat. 2597.)