15 U.S.C. § 3706 — Grants and cooperative agreements

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. 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