42 U.S.C. § 7261b — Technology transfer to small businesses

Page 7094 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7261b title in the course of or under any Government contract or subcontract of the Naval Nuclear Propulsion Program or the nuclear weapons pro- grams or other atomic energy defense activities of the Department of Energy and the contractor requests waiver of any or all of the Govern- ment’s property rights, the Secretary of Energy may decide to waive the Government’s rights and assign the rights in such invention or dis- covery. (2) Such decision shall be made within 150 days after the date on which a complete request for waiver of such rights has been submitted to the Secretary by the contractor. For purposes of this paragraph, a complete request includes such information, in such detail and form, as the Sec- retary by regulation prescribes as necessary to allow the Secretary to take into consideration the matters described in subsection (b) in mak- ing the decision. (3) If the Secretary fails to make the decision within such 150-day period, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate, within 10 days after the end of the 150-day pe- riod, a report on the reasons for such failure. The submission of such report shall not relieve the Secretary of the requirement to make the decision under this section. The Secretary shall, at the end of each 30-day period after submission of the first report during which the Secretary continues to fail to make the decision required by this section, submit another report on the reasons for such failure to the committees listed in this paragraph. (b) Matters to be considered In making a decision under this section, the Secretary shall consider, in addition to the ap- plicable policies of section 2182 of this title or subsections (c) and (d) of section 5908 of this title— (1) whether national security will be com- promised; (2) whether sensitive technical information (whether classified or unclassified) under the Naval Nuclear Propulsion Program or the nu- clear weapons programs or other atomic en- ergy defense activities of the Department of Energy for which dissemination is controlled under Federal statutes and regulations will be released to unauthorized persons; (3) whether an organizational conflict of in- terest contemplated by Federal statutes and regulations will result; and (4) whether failure to assert such a claim will adversely affect the operation of the Naval Nuclear Propulsion Program or the nu- clear weapons programs or other atomic en- ergy defense activities of the Department of Energy. (Pub. L. 99–661, div. C, title I, § 3131, Nov. 14, 1986, 100 Stat. 4062; Pub. L. 100–180, div. C, title I, § 3135(a), Dec. 4, 1987, 101 Stat. 1240.) Editorial Notes CODIFICATION Section was enacted as part of the Department of En- ergy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 and also as part of the National Defense Authorization Act for Fis- cal Year 1987, and not as part of the Department of En- ergy Organization Act which comprises this chapter. AMENDMENTS 1987—Subsec. (a). Pub. L. 100–180 designated existing provisions as par. (1), struck out at end ‘‘Such decision shall be made within a reasonable time (which shall usually be six months from the date of the request by the contractor for assignment of such rights).’’, and added pars. (2) and (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. C, title I, § 3135(b), Dec. 4, 1987, 101 Stat. 1241, provided that: ‘‘Paragraphs (2) and (3) of sec- tion 3131(a) of the Department of Energy National Se- curity and Military Applications of Nuclear Energy Au- thorization Act of 1987 [subsec. (a)(2), (3) of this section] (as added by subsection (a)) shall apply with respect to waiver requests submitted by contractors under that section after March 1, 1988.’’ § 7261b. Technology transfer to small businesses (1) The Secretary of Energy shall establish a program to facilitate and encourage the transfer of technology to small businesses and shall issue guidelines relating to the program not later than May 1, 1993. (2) For the purposes of this section, the term ‘‘small business’’ means a business concern that meets the applicable size standards prescribed pursuant to section 632(a) of title 15. (Pub. L. 102–484, div. C, title XXXI, § 3135(b), Oct. 23, 1992, 106 Stat. 2641.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1993, and not as part of the Department of Energy Organization Act which comprises this chapter. § 7261c. Technology partnerships ombudsman (a) Appointment of ombudsman The Secretary of Energy shall direct the direc- tor of each national laboratory of the Depart- ment of Energy, and may direct the director of each facility under the jurisdiction of the De- partment of Energy, to appoint a technology partnership ombudsman to hear and help resolve complaints from outside organizations regarding the policies and actions of each such laboratory or facility with respect to technology partner- ships (including cooperative research and devel- opment agreements), patents, and technology li- censing. (b) Qualifications An ombudsman appointed under subsection (a) shall be a senior official of the national labora- tory or facility who is not involved in day-to- day technology partnerships, patents, or tech- nology licensing, or, if appointed from outside the laboratory or facility, function as such a senior official. (c) Duties Each ombudsman appointed under subsection (a) shall— (1) serve as the focal point for assisting the public and industry in resolving complaints