15 U.S.C. § 3715 — Use of partnership intermediaries

Page 2058 TITLE 15—COMMERCE AND TRADE § 3713 1 See References in Text note below. VI, § 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 109–58, title X, § 1009(c), Aug. 8, 2005, 119 Stat. 936.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 substituted ‘‘, the Secretary of Energy, and the Director of the National Science Foun- dation’’ for ‘‘and the National Science Foundation’’. § 3713. Authorization of appropriations (a)(1) There is authorized to be appropriated to the Secretary for the purposes of carrying out sections 3710(g) and 3711 of this title not to ex- ceed $3,400,000 for the fiscal year ending Sep- tember 30, 1988. (2) Of the amount authorized under paragraph (1) of this subsection, $2,400,000 is authorized only for the Office of Productivity, Technology, and Innovation; and $500,000 is authorized only for the patent licensing activities of the Na- tional Technical Information Service. (b) In addition to the authorization of appro- priations provided under subsection (a) of this section, there is authorized to be appropriated to the Secretary for the purposes of carrying out section 3704a of this title not to exceed $500,000 for the fiscal year ending September 30, 1988, $1,000,000 for the fiscal year ending September 30, 1989, and $1,500,000 for the fiscal year ending September 30, 1990. (c) Such sums as may be appropriated under subsections (a) and (b) shall remain available until expended. (d) To enable the National Science Foundation to carry out its powers and duties under this chapter only such sums may be appropriated as the Congress may authorize by law. (Pub. L. 96–480, § 21, formerly § 14, Oct. 21, 1980, 94 Stat. 2320; renumbered § 18, Pub. L. 99–502, § 2, Oct. 20, 1986, 100 Stat. 1785; renumbered § 17, Pub. L. 99–502, § 9(e)(1), Oct. 20, 1986, 100 Stat. 1797; re- numbered § 18, Pub. L. 100–107, § 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered § 19 and amended Pub. L. 100–418, title V, §§ 5122(a)(1), 5152, Aug. 23, 1988, 102 Stat. 1438, 1449; renumbered § 21, Pub. L. 102–240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 110–69, title III, § 3002(c)(5), Aug. 9, 2007, 121 Stat. 586.) Editorial Notes AMENDMENTS 2007—Subsec. (a)(1). Pub. L. 110–69, § 3002(c)(5)(A), sub- stituted ‘‘sections 3710(g) and 3711’’ for ‘‘sections 3704, 3710(g), and 3711’’. Subsec. (a)(2). Pub. L. 110–69, § 3002(c)(5)(B), struck out ‘‘$500,000 is authorized only for the purpose of carrying out the requirements of the Japanese technical lit- erature program established under section 3704(d) of this title;’’ after ‘‘Innovation;’’. 1988—Subsec. (a). Pub. L. 100–418, § 5152, amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘There is authorized to be appropriated to the Secretary for purposes of carrying out section 3705 of this title, not to exceed $19,000,000 for the fiscal year ending September 30, 1981, $40,000,000 for fiscal year ending September 30, 1982, $50,000,000 for the fiscal year ending September 30, 1983, and $60,000,000 for each of the fiscal years ending September 30, 1984, and 1985.’’ Subsec. (b). Pub. L. 100–418, § 5152, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘In addition to authorizations of appropriations under subsection (a) of this section, there is authorized to be appropriated to the Secretary for purposes of car- rying out the provisions of this chapter, not to exceed $5,000,000 for the fiscal year ending September 30, 1981, $9,000,000 for the fiscal year ending September 30, 1982, and $14,000,000 for each of the fiscal years ending Sep- tember 30, 1983, 1984, and 1985.’’ § 3714. Spending authority No payments shall be made or contracts shall be entered into pursuant to the provisions of this chapter (other than sections 3710a, 3710b, and 3710c of this title) except to such extent or in such amounts as are provided in advance in appropriation Acts. (Pub. L. 96–480, § 22, formerly § 15, Oct. 21, 1980, 94 Stat. 2320; renumbered § 19, Pub. L. 99–502, § 2, Oct. 20, 1986, 100 Stat. 1785; renumbered § 18, and amended Pub. L. 99–502, § 9(b)(13), (e)(1), (4), Oct. 20, 1986, 100 Stat. 1796, 1797; renumbered § 19, Pub. L. 100–107, § 3(a), Aug. 20, 1987, 101 Stat. 725; re- numbered § 20, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; renum- bered § 22, Pub. L. 102–240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 106–404, § 7(8), Nov. 1, 2000, 114 Stat. 1746.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–404 made technical amendments to references in original act which appear in text as ref- erences to sections 3710a, 3710b, and 3710c of this title. 1986—Pub. L. 99–502, § 9(e)(4), made technical amend- ment to references to sections 3710a, 3710b, and 3710c of this title to reflect renumbering of corresponding sec- tions of original act. Pub. L. 99–502, § 9(b)(13), inserted exception relating to sections 3710a, 3710b, and 3710c of this title. § 3715. Use of partnership intermediaries (a) Authority Subject to the approval of the Secretary or head of the affected department or agency, the Director of a Federal laboratory, or in the case of a federally funded research and development center that is not a laboratory (as defined in section 3710a(d)(2) of this title), the Federal em- ployee who is the contract officer, may— (1) enter into a contract or memorandum of understanding with a partnership inter- mediary that provides for the partnership intermediary to perform services for the Fed- eral laboratory that increase the likelihood of success in the conduct of cooperative or joint activities of such Federal laboratory with small business firms, institutions of higher education as defined in section 1141(a) 1 of title 20, or educational institutions within the meaning of section 2194 of title 10; and (2) pay the Federal costs of such contract or memorandum of understanding out of funds available for the support of the technology transfer function pursuant to section 3710(b) of this title. (b) Omitted (c) ‘‘Partnership intermediary’’ defined For purposes of this section, the term ‘‘part- nership intermediary’’ means an agency of a Page 2059 TITLE 15—COMMERCE AND TRADE § 3717 State or local government, or a nonprofit entity owned in whole or in part by, chartered by, fund- ed in whole or in part by, or operated in whole or in part by or on behalf of a State or local gov- ernment, that assists, counsels, advises, evalu- ates, or otherwise cooperates with small busi- ness firms, institutions of higher education as defined in section 1141(a) 1 of title 20, or edu- cational institutions within the meaning of sec- tion 2194 of title 10, that need or can make de- monstrably productive use of technology-related assistance from a Federal laboratory, including State programs receiving funds under coopera- tive agreements entered into under section 5121(b) of the Omnibus Trade and Competitive- ness Act of 1988 (15 U.S.C. 278l note). (Pub. L. 96–480, § 23, formerly § 21, as added Pub. L. 101–510, div. A, title VIII, § 827(a), Nov. 5, 1990, 104 Stat. 1606; amended Pub. L. 102–190, div. A, title VIII, § 836, Dec. 5, 1991, 105 Stat. 1448; re- numbered § 23, Pub. L. 102–240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 106–404, § 9, Nov. 1, 2000, 114 Stat. 1747.) Editorial Notes REFERENCES IN TEXT Section 1141(a) of title 20, referred to in subsecs. (a)(1) and (c), was repealed by Pub. L. 105–244, § 3, title I, § 101(b), title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. However, the term ‘‘institu- tion of higher education’’ is defined in section 1001 of Title 20, Education. CODIFICATION Subsec. (b) of this section, which required the Sec- retary to include in each triennial report required under section 3704d of this title a discussion and eval- uation of activities carried out pursuant to this sec- tion, was omitted because of the termination of the tri- ennial reporting requirement. See Codification note set out after section 3704a of this title. AMENDMENTS 2000—Subsec. (a)(1). Pub. L. 106–404, § 9(1), inserted ‘‘, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10’’ after ‘‘small busi- ness firms’’. Subsec. (c). Pub. L. 106–404, § 9(2), inserted ‘‘, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10,’’ after ‘‘small busi- ness firms’’. 1991—Subsec. (a). Pub. L. 102–190 inserted ‘‘that is not a laboratory (as defined in section 3710a(d)(2) of this title)’’ after ‘‘center’’ in introductory provisions. Statutory Notes and Related Subsidiaries PARTICIPATION IN PROGRAMS PROMOTING RESEARCH, DEVELOPMENT, DEMONSTRATION, OR TRANSFER OF TECHNOLOGY Pub. L. 103–337, div. A, title II, § 217(f), Oct. 5, 1994, 108 Stat. 2695, as amended by Pub. L. 105–261, div. C, title XXXI, § 3136, Oct. 17, 1998, 112 Stat. 2248; Pub. L. 111–84, div. A, title II, § 254, Oct. 28, 2009, 123 Stat. 2243, pro- vided that: ‘‘(1)(A) A federally funded research and development center of the Department of Defense, of the National Aeronautics and Space Administration, or of the De- partment of Energy that functions primarily as a re- search laboratory may respond to solicitations and an- nouncements under programs authorized by the Fed- eral Government for the purpose of promoting the re- search, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program. ‘‘(B) A federally funded research and development center of the Department of Energy described in sub- paragraph (A) may respond to solicitations and an- nouncements described in that subparagraph only for activities conducted by the center under contract with or on behalf of the Department of Defense. ‘‘(C) A federally funded research and development center of the National Aeronautics and Space Adminis- tration that functions primarily as a research labora- tory may respond to broad agency announcements under programs authorized by the Federal Government for the purpose of promoting the research, develop- ment, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program. ‘‘(2) A federally funded research and development center described in paragraph (1)(A) that responds to a solicitation or announcement described in such para- graph shall not be considered to be engaging in a com- petitive procedure and may use, among other authori- ties, cooperative research and development agreements provided for under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) [sic] as the instruments of participation in the solicita- tion or announcement.’’ § 3716. Critical industries (a) Identification of industries and development of plan The Secretary shall— (1) identify those civilian industries in the United States that are necessary to support a robust manufacturing infrastructure and crit- ical to the economic security of the United States; and (2) list the major research and development initiatives being undertaken, and the substan- tial investments being made, by the Federal Government, including its research labora- tories, in each of the critical industries identi- fied under paragraph (1). (b) Initial report The Secretary shall submit a report to the Congress within 1 year after February 14, 1992, on the actions taken under subsection (a). (Pub. L. 102–245, title V, § 504, Feb. 14, 1992, 106 Stat. 24.) Editorial Notes CODIFICATION Subsec. (c) of this section, which required the Sec- retary to annually submit to Congress an update of the report submitted under subsec. (b) of this section, ter- minated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 52 of House Document No. 103–7. 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. § 3717. National Quality Council (a) Establishment and functions There is established a National Quality Coun- cil (hereafter in this section referred to as the ‘‘Council’’). The functions of the Council shall be— (1) to establish national goals and priorities for Quality performance in business, edu-