15 U.S.C. § 3711a — Untitled legal text

Page 2055 TITLE 15—COMMERCE AND TRADE § 3711a when the Government determines that it has or may have a need to practice the invention. (b) ‘‘Special Government employees’’ defined For purposes of this section, Federal employ- ees include ‘‘special Government employees’’ as defined in section 202 of title 18. (c) Relationship to other laws Nothing in this section is intended to limit or diminish existing authorities of any agency. (Pub. L. 96–480, § 15, as added and renumbered § 14, Pub. L. 99–502, §§ 8, 9(e)(1), Oct. 20, 1986, 100 Stat. 1794, 1797; renumbered § 15, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; amended Pub. L. 104–113, § 6, Mar. 7, 1996, 110 Stat. 779.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–113 substituted ‘‘owner- ship of or the right of ownership to an invention made by a Federal employee’’ for ‘‘the right of ownership to an invention under this chapter’’ and inserted ‘‘obtain or’’ before ‘‘retain title to the invention’’. § 3711. National Technology and Innovation Medal (a) Establishment There is hereby established a National Tech- nology and Innovation Medal, which shall be of such design and materials and bear such inscrip- tions as the President, on the basis of rec- ommendations submitted by the Office of Science and Technology Policy, may prescribe. (b) Award The President shall periodically award the medal, on the basis of recommendations re- ceived from the Secretary or on the basis of such other information and evidence as he deems appropriate, to individuals or companies, which in his judgment are deserving of special recognition by reason of their outstanding con- tributions to the promotion of technology or technological manpower for the improvement of the economic, environmental, or social well- being of the United States. (c) Presentation The presentation of the award shall be made by the President with such ceremonies as he may deem proper. (Pub. L. 96–480, § 16, formerly § 12, Oct. 21, 1980, 94 Stat. 2319; renumbered § 16, Pub. L. 99–502, § 2, Oct. 20, 1986, 100 Stat. 1785; renumbered § 15, Pub. L. 99–502, § 9(e)(1), Oct. 20, 1986, 100 Stat. 1797; re- numbered § 16, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; Pub. L. 110–69, title I, § 1003, Aug. 9, 2007, 121 Stat. 576.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–69, § 1003(1), which directed substi- tution of ‘‘National Technology and Innovation Medal’’ for ‘‘National Medal’’ in section catchline, was exe- cuted by making the substitution for ‘‘National Tech- nology Medal’’ to reflect the probable intent of Con- gress. Subsec. (a). Pub. L. 110–69, § 1003(2), substituted ‘‘Technology and Innovation Medal’’ for ‘‘Technology Medal’’. Statutory Notes and Related Subsidiaries NATIONAL TECHNOLOGY MEDAL FOR ENVIRONMENTAL TECHNOLOGY Pub. L. 105–309, § 10, Oct. 30, 1998, 112 Stat. 2939, pro- vided that: ‘‘In the administration of section 16 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711), Environmental Technology shall be es- tablished as a separate nomination category with ap- propriate unique criteria for that category.’’ § 3711a. Malcolm Baldrige National Quality Award (a) Establishment There is hereby established the Malcolm Baldrige National Quality Award, which shall be evidenced by a medal bearing the inscriptions ‘‘Malcolm Baldrige National Quality Award’’ and ‘‘The Quest for Excellence’’. The medal shall be of such design and materials and bear such additional inscriptions as the Secretary may prescribe. (b) Making and presentation of award (1) The President (on the basis of recommenda- tions received from the Secretary), or the Sec- retary, shall periodically make the award to companies and other organizations which in the judgment of the President or the Secretary have substantially benefited the economic or social well-being of the United States through im- provements in the quality of their goods or serv- ices resulting from the effective practice of quality management, and which as a con- sequence are deserving of special recognition. (2) The presentation of the award shall be made by the President or the Secretary with such ceremonies as the President or the Sec- retary may deem proper. (3) An organization to which an award is made under this section, and which agrees to help other American organizations improve their quality management, may publicize its receipt of such award and use the award in its adver- tising, but it shall be ineligible to receive an- other such award in the same category for a pe- riod of 5 years. (c) Categories in which award may be given (1) Subject to paragraph (2), separate awards shall be made to qualifying organizations in each of the following categories— (A) Small businesses. (B) Companies or their subsidiaries. (C) Companies which primarily provide serv- ices. (D) Health care providers. (E) Education providers. (F) Nonprofit organizations. (G) Community. (2) The Secretary may at any time expand, subdivide, or otherwise modify the list of cat- egories within which awards may be made as initially in effect under paragraph (1), and may establish separate awards for other organiza- tions including units of government, upon a de- termination that the objectives of this section would be better served thereby; except that any such expansion, subdivision, modification, or es- tablishment shall not be effective unless and until the Secretary has submitted a detailed de- Page 2056 TITLE 15—COMMERCE AND TRADE § 3711a scription thereof to the Congress and a period of 30 days has elapsed since that submission. (3) In any year, not more than 18 awards may be made under this section to recipients who have not previously received an award under this section, and no award shall be made within any category described in paragraph (1) if there are no qualifying enterprises in that category. (d) Criteria for qualification (1) An organization may qualify for an award under this section only if it— (A) applies to the Director of the National Institute of Standards and Technology in writ- ing, for the award, (B) permits a rigorous evaluation of the way in which its business and other operations have contributed to improvements in the qual- ity of goods and services, and (C) meets such requirements and specifica- tions as the Secretary, after receiving rec- ommendations from the Board of Overseers es- tablished under paragraph (2)(B) and the Di- rector of the National Institute of Standards and Technology, determines to be appropriate to achieve the objectives of this section. In applying the provisions of subparagraph (C) with respect to any organization, the Director of the National Institute of Standards and Tech- nology shall rely upon an intensive evaluation by a competent board of examiners which shall review the evidence submitted by the organiza- tion and, through a site visit, verify the accu- racy of the quality improvements claimed. The examination should encompass all aspects of the organization’s current practice of quality man- agement, as well as the organization’s provision for quality management in its future goals. The award shall be given only to organizations which have made outstanding improvements in the quality of their goods or services (or both) and which demonstrate effective quality man- agement through the training and involvement of all levels of personnel in quality improve- ment. (2)(A) The Director of the National Institute of Standards and Technology shall, under appro- priate contractual arrangements, carry out the Director’s responsibilities under subparagraphs (A) and (B) of paragraph (1) through one or more broad-based nonprofit entities which are leaders in the field of quality management and which have a history of service to society. (B) The Secretary shall appoint a board of overseers for the award, consisting of at least five persons selected for their preeminence in the field of quality management. This board shall meet annually to review the work of the contractor or contractors and make such sug- gestions for the improvement of the award proc- ess as they deem necessary. The board shall re- port the results of the award activities to the Director of the National Institute of Standards and Technology each year, along with its rec- ommendations for improvement of the process. (e) Information and technology transfer program The Director of the National Institute of Standards and Technology shall ensure that all program participants receive the complete re- sults of their audits as well as detailed expla- nations of all suggestions for improvements. The Director shall also provide information about the awards and the successful quality im- provement strategies and programs of the award-winning participants to all participants and other appropriate groups. (f) Funding The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the pro- gram, the Secretary shall impose fees upon the organizations applying for the award in amounts sufficient to provide such additional sums. The Director is authorized to use appropriated funds to carry out responsibilities under this chapter. (g) Report The Secretary shall prepare and submit to the President and the Congress, within 3 years after August 20, 1987, a report on the progress, find- ings, and conclusions of activities conducted pursuant to this section along with rec- ommendations for possible modifications there- of. (Pub. L. 96–480, § 17, formerly § 16, as added Pub. L. 100–107, § 3(a), Aug. 20, 1987, 101 Stat. 725; re- numbered § 17 and amended Pub. L. 100–418, title V, §§ 5115(b)(2)(A), 5122(a)(1), Aug. 23, 1988, 102 Stat. 1433, 1438; Pub. L. 102–245, title III, § 305, Feb. 14, 1992, 106 Stat. 20; Pub. L. 105–309, § 3, Oct. 30, 1998, 112 Stat. 2935; Pub. L. 108–320, § 1, Oct. 5, 2004, 118 Stat. 1213; Pub. L. 110–69, title III, § 3010, Aug. 9, 2007, 121 Stat. 592; Pub. L. 117–167, div. B, title II, § 10246(b)(1), Aug. 9, 2022, 136 Stat. 1492.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(1)(D), (E). Pub. L. 117–167, § 10246(b)(1)(A), realigned margin. Subsec. (c)(1)(G). Pub. L. 117–167, § 10246(b)(1)(B), added subpar. (G). 2007—Subsec. (c)(3). Pub. L. 110–69 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘Not more than two awards may be made within any subcategory in any year, unless the Secretary deter- mines that a third award is merited and can be given at no additional cost to the Federal Government (and no award shall be made within any category or sub- category if there are no qualifying enterprises in that category or subcategory).’’ 2004—Subsec. (c)(1)(F). Pub. L. 108–320 added subpar. (F). 1998—Subsec. (c)(1)(D), (E). Pub. L. 105–309, § 3(b), added subpars. (D) and (E). Subsec. (c)(3). Pub. L. 105–309, § 3(a), inserted ‘‘, unless the Secretary determines that a third award is merited and can be given at no additional cost to the Federal Government’’ after ‘‘in any year’’. 1992—Subsec. (f). Pub. L. 102–245 inserted at end ‘‘The Director is authorized to use appropriated funds to carry out responsibilities under this chapter.’’ 1988—Subsecs. (d), (e). Pub. L. 100–418, § 5115(b)(2)(A), substituted ‘‘National Institute of Standards and Tech- nology’’ for ‘‘National Bureau of Standards’’ wherever appearing. Statutory Notes and Related Subsidiaries FINDINGS AND PURPOSES Pub. L. 100–107, § 2, Aug. 20, 1987, 101 Stat. 724, pro- vided that: ‘‘(a) FINDINGS.—The Congress finds and declares that— Page 2057 TITLE 15—COMMERCE AND TRADE § 3712 ‘‘(1) the leadership of the United States in product and process quality has been challenged strongly (and sometimes successfully) by foreign competition, and our Nation’s productivity growth has improved less than our competitors over the last two decades; ‘‘(2) American business and industry are beginning to understand that poor quality costs companies as much as 20 percent of sales revenues nationally, and that improved quality of goods and services goes hand in hand with improved productivity, lower costs, and increased profitability; ‘‘(3) strategic planning for quality and quality im- provement programs, through a commitment to ex- cellence in manufacturing and services, are becoming more and more essential to the well-being of our Na- tion’s economy and our ability to compete effectively in the global marketplace; ‘‘(4) improved management understanding of the factory floor, worker involvement in quality, and greater emphasis on statistical process control can lead to dramatic improvements in the cost and qual- ity of manufactured products; ‘‘(5) the concept of quality improvement is directly applicable to small companies as well as large, to service industries as well as manufacturing, and to the public sector as well as private enterprise; ‘‘(6) in order to be successful, quality improvement programs must be management-led and customer-ori- ented and this may require fundamental changes in the way companies and agencies do business; ‘‘(7) several major industrial nations have success- fully coupled rigorous private sector quality audits with national awards giving special recognition to those enterprises the audits identify as the very best; and ‘‘(8) a national quality award program of this kind in the United States would help improve quality and productivity by— ‘‘(A) helping to stimulate American companies to improve quality and productivity for the pride of recognition while obtaining a competitive edge through increased profits, ‘‘(B) recognizing the achievements of those com- panies which improve the quality of their goods and services and providing an example to others, ‘‘(C) establishing guidelines and criteria that can be used by business, industrial, governmental, and other organizations in evaluating their own quality improvement efforts, and ‘‘(D) providing specific guidance for other Amer- ican organizations that wish to learn how to man- age for high quality by making available detailed information on how winning organizations were able to change their cultures and achieve eminence. ‘‘(b) PURPOSE.—It is the purpose of this Act [enacting this section, amending section 3708 of this title, and en- acting provisions set out as a note under section 3701 of this title] to provide for the establishment and conduct of a national quality improvement program under which (1) awards are given to selected companies and other organizations in the United States that practice effective quality management and as a result make sig- nificant improvements in the quality of their goods and services, and (2) information is disseminated about the successful strategies and programs.’’ § 3711b. Conference on advanced automotive technologies Not later than 180 days after December 18, 1991, the Secretary of Commerce, through the Under Secretary of Commerce for Technology, in consultation with other appropriate officials, shall convene a conference of domestic motor vehicle manufacturers, parts suppliers, Federal laboratories, and motor vehicle users to explore ways in which cooperatively they can improve the competitiveness of the United States motor vehicle industry by developing new technologies which will enhance the safety and energy sav- ings, and lessen the environmental impact of do- mestic motor vehicles, and the results of such conference shall be published and then sub- mitted to the President and to the Committees on Science, Space, and Technology and Public Works and Transportation of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate. (Pub. L. 96–480, § 18, as added Pub. L. 102–240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. § 3711c. Advanced motor vehicle research award (a) Establishment There is established a National Award for the Advancement of Motor Vehicle Research and Development. The award shall consist of a medal, and a cash prize if funding is available for the prize under subsection (c). The medal shall be of such design and materials and bear inscriptions as is determined by the Secretary of Transportation. (b) Making and presenting award The Secretary of Transportation shall periodi- cally make and present the award to domestic motor vehicle manufacturers, suppliers, or Fed- eral laboratory personnel who, in the opinion of the Secretary of Transportation, have substan- tially improved domestic motor vehicle research and development in safety, energy savings, or environmental impact. No person may receive the award more than once every 5 years. (c) Funding for award The Secretary of Transportation may seek and accept gifts of money from private sources for the purpose of making cash prize awards under this section. Such money may be used only for that purpose, and only such money may be used for that purpose. (Pub. L. 96–480, § 19, as added Pub. L. 102–240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2184.) § 3712. Personnel exchanges The Secretary, the Secretary of Energy, and the Director of the National Science Founda- tion, jointly, shall establish a program to foster the exchange of scientific and technical per- sonnel among academia, industry, and Federal laboratories. Such program shall include both (1) federally supported exchanges and (2) efforts to stimulate exchanges without Federal funding. (Pub. L. 96–480, § 20, formerly § 13, Oct. 21, 1980, 94 Stat. 2320; renumbered § 17, Pub. L. 99–502, § 2, Oct. 20, 1986, 100 Stat. 1785; renumbered § 16, Pub. L. 99–502, § 9(e)(1), Oct. 20, 1986, 100 Stat. 1797; re- numbered § 17, Pub. L. 100–107, § 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered § 18, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; renumbered § 20, Pub. L. 102–240, title