H.R. 3773: An Act to Amend the Stevenson-Wylder Technology Innovation Act of 1980

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Title (Dublin Core): H.R. 3773: An Act to Amend the Stevenson-Wylder Technology Innovation Act of 1980
Description (Dublin Core): Copy of H.R. 3773, An Act to amend the Stevenson-Wylder Technology Innovation Act of 1980 to promote technology transfer by authorizing Government-operated laboratories to enter into cooperative research agreements and by establishing a Federal Laboratory Consortium for Technology Transfer within the National Science Foundation, and for other purposes. This became the Federal Technology Transfer Act of 1986.
Date (Dublin Core): 1986-04-21
Date Created (Dublin Core): 1986-04-21
Congress (Dublin Core): 99th (1985-1987)
Topics (Dublin Core): See all items with this value Technology transfer--United States; See all items with this value Patent laws and legislation
Policy Area (Curation): Science, Technology, Communications
Creator (Dublin Core): United States. Congress. Senate. Committee on Commerce, Science, and Transportation.
Record Type (Dublin Core): bills (legislative records)
Names (Dublin Core): See all items with this value United States. Federal Technology Transfer Act of 1986
Rights (Dublin Core): http://rightsstatements.org/vocab/CNE/1.0/
Language (Dublin Core): eng
Collection Finding Aid (Dublin Core): https://dolearchivecollections.ku.edu/index.php?p=collections/findingaid&id=23&q=
Physical Location (Dublin Core): Collection 003, Box 174, Folder 12
Institution (Dublin Core): Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS
Archival Collection (Dublin Core): Robert J. Dole Senate Papers-Legislative Relations, 1969-1996
Full Text (Extract Text): II
Calendar No. 662
99TH CONGRESS 1ST SESSION H. R. 3773
[Report No. 99-283]
IN THE SENATE OF THE UNITED STATES
DECEMBER 11 (legislative day, DECEMBER 9), 1985 Received; read twice and referred to the Committee on Commerce, Science, and Transportation
MARCH 20 (legislative day, MARCH 18), 1986 Ordered, that when reported by the Committee on Commerce, Science and Transportation, the bill be referred to the Committee on the Judiciary for a period not to exceed thirty calendar days to consider sections 4, 5, 6, and 7.
APRIL 21, 1986 Reported by Mr. DANFORTH, with amendment [Strike out all after the enacting clause and insert the part printed in italic]
APRIL 21, 1986
Sequentially referred to the Committee on the Judiciary for a period not to extend beyond thirty calendar days, for the purpose of considering sections 4, 5, 6, and 7, pursuant to the order of March 20, 1986
MAY 21 (legislative day, MAY 19), 1986 Committee discharged; placed on the calendar
AN ACT
To amend the Stevenson-Wydler Technology Innovation Act of 1980 to promote technology transfer by authorizing Government
(Page 2)
-operated laboratories to enter into cooperative research agreements and by establishing a Federal Laboratory Consortium for Technology Transfer within the National Science Foundation, and for other purposes.
1 Be it enacted by the Senate and House of Representatives
2 of the United States of America in Congress assembled,
(Start of crossed out text)
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Federal Technology
5 Transfer Act of 1985".
6 SEC. 2. COOPERATIVE RESEARCH AND DEVELOPMENT
7 AGREEMENTS.
8 The Stevenson Wydler Technology Innovation Act of
9 1980 is amended by redesignating sections 12 through 15 as
10 sections 15 through 18, and by inserting immediately after
11 section 11 the following new section:
12 "SEC. 12. COOPERATIVE RESEARCH AND DEVELOPMENT
13 AGREEMENTS.
14 "(a) GENERAL AUTHORITY. Each Federal agency
15 may permit the director of any of its Government-operated
16 Federal laboratories
17 "(1) to enter into cooperative research and development
18 agreements on behalf of such agency (subject
19 to subsection (c) of this section) with other Federal
20 agencies; units of State or local government; industrial
21 organizations including corporations, partnerships, and
22 limited partnerships; industrial development organizations;
(Page 3)
1 public and private foundations; nonprofit organizations
2 including universities; licensees of Federal inventions;
3 or other persons; and
4 "(2) to negotiate licensing agreements under section
5 207 of title 35, United States Code, or under
6 other authorities.
7 "(b) ENUMERATED AUTHORITY. Under agreements
8 described in subsection (a)(1), a Government-operated Feder-
9 al laboratory shall have the authority (subject to subsection
10 (c) of this section)
11 "(1) to grant or agree to grant in advance, to a
12 collaborating party, patent licenses or assignments, or
13 options thereto, in any invention made by a Federal
14 employee, or made jointly by a Federal employee and
15 an employee of the collaborating party, under the
16 agreement, retaining such rights as the Federal laboratory
17 deems appropriate; and
18 "(2) to waive in advance, in whole or in part, any
19 right of ownership which the Federal Government may
20 have to any subject invention made by a collaborating
21 party or employee of a collaborating party under the
22 agreement.
23 "(e) AGENCY PLAN. (1)(A) Within 180 days after the
24 election by any Federal agency to implement subsection (a),
25 revised regulations or instructions for that agency's cooperative
(Page 4)
1 research and development program shall be drafted or
2 modified. The revised regulations or instructions need not
3 apply to cooperative agreements entered into prior to the effective
4 date of such regulations or instructions. Such revised
5 regulations or instructions shall
6 "(i) if they give the head of the agency or his designee
7 an opportunity to disapprove or require the modification
8 of any such agreement, provide a 30 day
9 period beginning on the date the agreement is presented
10 to him or her by the head of the laboratory concerned
11 within which such action must be taken;
12 "(ii) give special consideration to small business
13 firms, and consortia involving small business firms;
14 "(iii) give preference to business units located in
15 the United States which agree that products embodying
16 inventions made under the cooperative research
17 and development agreement or produced through the
18 use of such invention will be manufactured substantially
19 in the United States;
20 "(iv) establish employee standards of conduct for
21 resolving potential conflicts of interest, including but
22 not limited to cases where present or former employees
23 or their partners negotiate licenses or assignments of
24 titles to inventions or negotiate cooperative research
25 and development agreements with Federal agencies
(page 5)
1 (including the agency with which the employee involved
2 is or was formerly employed); and
3 "(v) contain other elements deemed appropriate
4 by the agency.
5 "(B) In any case in which the head of an agency or his
6 designee disapproves or requires the modification of an agreement
7 presented under this section, the head of the agency or
8 such designee shall transmit a written explanation of such
9 disapproval or modification to the head of the laboratory
10 concerned.
11 "(C) H, in implementing subparagraph (A)(iv), an
12 agency is unable to resolve potential conflicts of interest
13 within its current statutory framework, it shall propose necessary
14 statutory changes to be forwarded to its authorizing
15 committees in Congress.
16 "(2) Each agency shall maintain a record of all agreements
17 entered into under this section.
18 "(d) DEFINITION. As used in this section, the term
19 'cooperative research and development agreement' means
20 any agreement between one or more Federal laboratories and
21 one or more non Federal parties under which the laboratory
22 or laboratories will provide personnel, services, facilities,
23 equipment, or other resources (but not funds to non Federal
24 parties) and the non Federal party or parties will provide
25 funds, personnel, services, facilities, equipment, or other resources
(page 6)
1 toward the conduct of specified research or development
2 efforts which are consistent with the missions of the
3 agency; except that such term does not include a procurement
4 contract as that term is used in section 6303 of title 31,
5 United States Code, or a cooperative agreement as that term
6 is used in section 6305 of such title.
7 "(c) RELATIONSHIP TO OTHER LAWS. Nothing in 8 this section is intended to limit or diminish existing authorities
9 of any agency.".
10 SEG. 3. ESTABLISHMENT OF FEDERAL LABORATORY CONSORTIUM
11 FOR TECHNOLOGY TRANSFER.
12 Section 11 of the Stevenson Wydler Technology Innovation
13 Act of 1980 (15 U.S.C. 3710) is amended
14 (1) by redesignating subsection (c) as subsection
15 (f); and
16 (2) by inserting after subsection (d) the following
17 new subsection:
18 "(e) ESTABLISHMENT OF FEDERAL LABORATORY
19 CONSORTIUM FOR TECHNOLOGY TRANSFER. (1) There is
20 hereby established the Federal Laboratory Consortium for
21 Technology Transfer (hereinafter referred to as the 'Consortium')
22 which shall be within the National Science Foundation
23 and which, in cooperation with Federal laboratories and the
24 private sector, shall
(page 7)
1 "(A) develop and administer techniques, training
2 courses, and materials concerning technology transfer
3 to increase the awareness of Federal laboratory employees
4 regarding the commercial potential of laboratory
5 technology and innovations, except that such techniques
6 courses, and materials may be administered
7 only with the consent of the Federal laboratory
8 concerned;
9 "(B) furnish advice and assistance requested by
10 Federal agencies and laboratories for use in their technology
11 transfer programs (including the planning of
12 seminars for small business and other industry);
13 "(C) provide a clearinghouse for requests for technical
14 assistance from States and units of local governments,
15 businesses, industrial development organizations,
16 not-for profit organizations including universities,
17 Federal agencies and laboratories, and other persons,
18 and
19 "(i) to the extent that such requests can be
20 responded to with published information available
21 to the National Technical Information Service,
22 refer such requests to that Service; and
23 "(ii) otherwise refer these requests to the
24 appropriate Federal laboratories and agencies
(Page 8)
1 "(D) facilitate communication and coordination
2 between Offices of Research and Technology Applications
3 of Federal laboratories;
4 "(E) utilize (with the consent of the agency involved)
5 the expertise and services of the National Science
6 Foundation, the Department of Commerce, the
7 National Aeronautics and Space Administration,and
8 other Federal agencies, as necessary;
9 "(F) with the consent of any Federal laboratory,
10 facilitate the use by such laboratory of appropriate
11 technology transfer mechanisms such as personnel exchanges
12 and computer-based systems;
13 "(G) with the consent of any Federal laboratory,
14 assist such laboratory to establish technical volunteer
15 service programs for the purpose of providing technical
16 assistance to communities related to such laboratory;
17 "(H) facilitate communication and cooperation between
18 Offices of Research and Technology Applications
19 of Federal laboratories and regional, State, and
20 local technology transfer organizations; and
21 "(I) establish advisory committees in each Federal
22 laboratory consortium region composed of representatives
23 from State and local governments, large and
24 small business, universities, and other appropriate persons
25 to advise on the effectiveness of the program (and
(Page 9)
1 the members of any such advisory committee shall
2 serve at no expense to the government).
3 "(2) The membership of the Consortium shall consist of
4 the Federal laboratories described in clause (1) of subsection
5 (b) and such other laboratories as may choose to join the
6 Consortium. The representatives to the Consortium shall include
7 a senior staff member of each Federal laboratory which
8 is a member of the Consortium and a representative appointed
9 from each Federal agency with one or more member
10 laboratories.
11 "(3) The representatives to the Consortium shall elect a
12 Chairman of the Consortium.
13 "(4) The Director of the National Science Foundation
14 shall provide the Consortium on a reimbursable basis with
15 administrative services, such as office space, personnel, and
16 support services of the Foundation, as requested by the Consortium
17 and approved by such Director.
18 "(5) Not later than one year after the date of the enactment
19 of this subsection, and every year thereafter, the Chairman
20 of the Consortium shall submit a report to the President,
21 to the appropriate authorization and appropriation committees
22 of both Houses of the Congress, and to each agency with
23 respect to which a transfer of funding is made (for the fiscal
24 year or years involved) under paragraph (6), concerning the
25 activities of the Consortium and the expenditures made by it
(Page 10)
1 under this subsection during the year for which the report is
2 made.
3 "(6)(A) Subject to subparagraph (B), an amount equal to
4 0.005 percent of that portion of the research and development
5 budget of each Federal agency that is to be utilized by
6 the laboratories of such agency for a fiscal year referred to in
7 subparagraph (B)(ii) shall be transferred by such agency to
8 the National Science Foundation at the beginning of the
9 fiscal year involved. Amounts so transferred shall be provided
10 by the Foundation to the Consortium for the purpose of carrying
11 out activities of the Consortium under this subsection.
12 "(B) A transfer may be made by any Federal agency
13 under subparagraph (A), for any fiscal year, only if
14 "(i) the amount so transferred by that agency as
15 determined under such subparagraph) would exceed
16 $10,000; and
17 "(ii) such transfer is made with respect to the
18 fiscal year 1987, 1988, 1989, 1990, or 1991.
19 "(C) The heads of Federal agencies and their designees,
20 and the directors of Federal laboratories, are authorized to
21 provide such additional support for operations of the Consortium
22 as they deem appropriate.".
(Page 11)
1 SEC. 4. UTILIZATION OF FEDERAL TECHNOLOGY.
2 (a) RESPONSIBILITY FOR TECHNOLOGY TRANSFER.
3 Section 11(a) of the Stevenson Wydler Technology Innovation
4 Act of 1980 (15 U.S.C. 3710(a)) is amended
5 (1) by inserting "(1)" after "POLICY. "; and
6 (2) by adding at the end thereof the following new
7 paragraphs:
8 "(2) Technology transfer, consistent with mission responsibilities,
9 is a responsibility of each laboratory science
10 and engineering professional.
11 "(3) Each laboratory director shall ensure that efforts to
12 transfer technology are considered positively in laboratory job
13 descriptions, employee promotion policies, and evaluation of
14 the job performance of scientists and engineers in the
15 laboratory.".
16 (b) RESEARCH AND TECHNOLOGY APPLICATIONS OFFICES
17 (1) Section 11(b) of such Act (15 U.S.C. 3710(b)) is
18 amended
19 (A) by striking out "a total annual budget exceeding
20 $20,000,000 shall provide at least one professional
21 individual full time" and inserting in lieu thereof "200
22 or more full-time scientific, engineering, and related
23 technical positions shall provide one or more full-time
24 equivalent positions";
25 (B) by inserting immediately before the next to
26 last sentence the following new sentence: "Furthermore,
(Page 12)
1 individuals filling positions in an Office of Research
2 and Technology Applications shall be included
3 in the overall laboratory/agoney management development
4 program so as to ensure that highly competent
5 technical managers are full participants in the technology
6 transfer process.";
7 (C) by striking out "requirements set forth in (1)
8 and/or (2) of this subsection" in the next to last sentence
9 and inserting in lieu thereof "requirement set
10 forth in clause (2) of the preceding sentence"; and
11 (D) by striking out "either requirement (1) or (2)"
12 in the last sentence and inserting in lieu thereof "such
13 requirement".
14 (2) Section 11(e) of such Act (15 U.S.C. 3710(c)) is
15 amended
16 (A) by striking out paragraph (1) and inserting in
17 lieu thereof the following:
18 "(1) to prepare application assessments for selected
19 research and development projects in which that
20 laboratory is engaged and which in the opinion of the
21 laboratory may have potential commercial
22 applications;";
23 (B) by inserting "all" before "federally owned" in
24 paragraph (2);
(Page 13)
1 (C) by striking out "the Center for the Utilization
2 of Federal Technology" in paragraph (3) and inserting
3 in lieu thereof "the National Technical Information
4 Service, the Federal Laboratory Consortium for Technology
5 Transfer,"; and
6 (D) by striking out "in response to requests from
7 State and local government officials" in paragraph (4)
8 and inserting in lieu thereof "to State and local government
9 officials".
10 (e) DISSEMINATION OF TECHNICAL INFORMATION.
11 Section 11(d) of such Act (15 U.S.C. 3710(d)) is amended
12 (1) by striking out "(d)" and all that follows down
13 through "shall " and inserting in lieu thereof the
14 following:
15 "(d) DISSEMINATION OF TECHNICAL INFORMATION.
16 The National Technical Information Service shall ";
17 (2) by striking out paragraph (2);
18 (3) by striking out "existing" in paragraph (3),
19 and redesignating such paragraph as paragraph (2);
20 (4) by striking out paragraph (4) and inserting in
21 lieu thereof the following:
22 "(3) receive requests for technical assistance from
23 State and local governments, respond to such requests
24 with published information available to the Service,
25 and refer such requests to the Federal Laboratory Consortium
(Page 14)
1 for Technology Transfer to the extent that
2 such requests need a response involving more than the
3 published information available to the Service;";
4 (5) by redesignating paragraphs (5) and (6) as
5 paragraphs (4) and (5), respectively; and
6 (6) by striking out "(c)(4)" in subsection (4) as so
7 redesignated and inserting in lieu thereof "(c)(3)".
8 (d) AGENCY REPORTING. Section 11(f) of such Act
9 (15 U.S.C. 3710(c)) (as redesignated by section 8(1) of this
10 Act) is amended
11 (1) by striking out "prepare biennially a report
12 summarizing the activities" in the first sentence and
13 inserting in lieu thereof "report annually to the Congress,
14 as part of the agency's annual budget submission,
15 on the activities"; and
16 (2) by striking out the second sentence.
17 (e) FUNCTIONS OF THE SECRETARY. Section 11 of
18 such Act (as amended by the preceding provisions of this Act)
19 is further is amended by adding at the end thereof the following
20 new subsection:
21 "(g) FUNCTIONS OF THE SECRETARY. The Secretary,
22 in consultation with other Federal agencies, may
23 "(1) make available to interested agencies the expertise
24 of the Department of Commerce regarding the
25 commercial potential of inventions and methods and
(Page 15)
1 options for commercialization which are available to
2 the Federal laboratories, including research and development
3 limited partnerships;
4 "(2) develop and disseminate to appropriate
5 agency and laboratory personnel model provisions for
6 use on a voluntary basis in cooperative research and
7 development arrangements; and
8 "(3) furnish advice and assistance, upon request,
9 to Federal agencies concerning their cooperative research
10 and development program and projects.".
11 SEC. 5. REWARDS FOR SCIENTIFIC, ENGINEERING, AND TECHNICAL
12 PERSONNEL OF FEDERAL AGENCIES.
13 The Stevenson Wydler Technology Innovation Act of
14 1980 (as amended by the preceding provisions of this Act) is
15 further amended by inserting after section 12 the following
16 new section:
17 "SEG. 13. REWARDS FOR SCIENTIFIC, ENGINEERING, AND
18 TECHNICAL PERSONNEL OF FEDERAL
19 AGENCIES
20 "The head of each Federal agency that is making expenditures
21 at a rate of more than $50,000,000 per fiscal year
22 for research and development in its Government-operated
23 laboratories shall use the appropriate statutory authority to
24 develop and implement a cash awards program to reward its
25 scientific, engineering, and technical personnel for
(Page 16)
1 "(1) inventions, innovations, or other outstanding
2 scientific or technological contributions of value to the
3 United States due to commercial applications or due to
4 contributions to missions of the Federal agency or the
5 Federal government, or
6 "(2) exemplary activities that promote the domestic
7 transfer of science and technology developed within
8 the Federal Government and result in utilization of
9 such science and technology developed by American industry or
10 business, universities, State or local governments, or
11 other non Federal parties.".
12 SEC. 6. DISTRIBUTION OF ROYALTIES RECEIVED BY FEDERAL
13 AGENCIES.
14 The Stevenson Wydler Technology Innovation Act of
15 1980 (as amended by the preceding provisions of this Act) is
16 further amended by inserting after section 13 the following
17 new section:
18 "SEG. 14. DISTRIBUTION OF ROYALTIES RECEIVED BY FEDERAL
19 AGENCIES.
20 "(a) IN GENERAL. (1) Except as provided in paragraph
21 (2), any royalties or other income received by a Federal
22 agency from the licensing or assignment of inventions
23 under agreements entered into under section 12, and from
24 inventions of Government-operated Federal laboratories licensed
25 under section 207 of title 85, United States Code, or
(Pages 17)
1 under any other provision of law shall be retained by the
2 agency involved in the production of the income. Such funds
3 shall be transferred by the agency to its Government-operated
4 laboratories, with the major share of the royalties or other
5 income from any invention going to the laboratory where the
6 invention occurred; and the funds so transferred to any such
7 laboratory may be used or obligated by that laboratory during
8 the fiscal year in which they are received or during the succeeding
9 fiscal year
10 "(A) for payment of expenses incidental to the administration
11 and licensing of inventions by that laboratory
12 or by the agency with respect to inventions which
13 occurred at that laboratory, including the fees or other
14 costs for the services of other agencies, persons, or organizations
15 for invention management and licensing
16 services;
17 "(B) to reward scientific, engineering, and technical
18 employees of that laboratory as part of the
19 agency's reward program established pursuant to the
20 preceding section of this Act; provided that any payment
21 made under this paragraph shall be in addition to
22 the regular pay of the employee involved and to any
23 other awards made to that employee, and shall not
24 affect the entitlement of the employee to any regular
25 pay, annuity, or award to which he is otherwise entitled
(Page 18)
1 or for which he is otherwise eligible or limit the
2 amount thereof;
3 "(C) to further scientific exchange among the
4 government-operated laboratories of the agency; or
5 "(D) for scientific research and development, for
6 education and training of employees of that consistent
7 with the research and development mission and objectives
8 of the agency, and for other activities that increase
9 the licensing potential for transfer of the technology
10 of the Government operated laboratories of the
11 agency.
12 Any of such funds not so used or obligated by the end of the
13 fiscal year succeeding the fiscal year in which they are received
14 shall be paid into the Treasury of the United States.
15 "(2) If the royalties received by an agony in any fiscal
16 year exceed 5 percent of the budget of the Government-operated
17 laboratories of the agency for that year, 75 percent of
18 such excess shall be paid to the Treasury of the United
19 States and the remaining 25 percent may be used or obligated
20 for the purposes described in subparagraphs (A) through
21 (C) of paragraph (1) during that fiscal year or the succeeding
22 fiscal year. Any funds not so used or obligated shall be paid
23 into the Treasury of the United States.
24 "(b) CERTAIN ASSIGNMENTS. In the event that the
25 invention involved was one assigned to the Federal agency
(Page 19)
1 "(1) by a contractor, grantee, or party to a cooperative
2 agreement with the agency, or
3 "(2) by an employee of the agency who was not
4 working in a Government operated laboratory at the
5 time the invention was made,
6 the agency unit that funded or employed the entity that made
7 such assignment shall be considered to be a Government-
8 operated laboratory for purposes of this section.
9 "(e) REPORTS. In making their annual budget submissions
10 Federal agencies shall submit, to the appropriate authorization
11 and appropriation committees of both Houses of
12 the Congress, summaries of the amount of royalties or other
13 income received and expenditures made (including inventor
14 awards) under this section.".
15 SEC. 7. MISCELLANEOUS AND CONFORMING AMENDMENTS.
16 (a) REPDAL OF NATIONAL INDUSTRIAL TECHNOLOGY
17 BOARD. Section 10 of the Stevenson Wydler Technology
18 Innovation Act of 1980 (15 U.S.C. 3709) is repealed.
19 (b) CHANGES IN TERMINOLOGY OR ADMINISTRATIVE
20 STRUCTURE. (1) Section 3(2) of the Stevenson Wydler
21 Technology Innovation Act of 1980 is amended by striking
22 out "centers for industrial technology" and inserting in lieu
23 thereof "cooperative research centers".
24 (2) Section 4 of such Act is amended
(Page 20)
1 (A) by striking out "Industrial Technology" in
2 paragraph (1) and inserting in lieu thereof "Productivity
3 Technology, and Innovation";
4 (B) by striking out " "Director' means the Director
5 of the Office of Industrial Technology" in paragraph
6 (3) and inserting in lieu thereof " 'Assistant Secretary'
7 means the Assistant Secretary for Productivity,
8 Technology, and Innovation";
9 (C) by striking out "Centers for Industrial Technology"
10 in paragraph (4) and inserting in lieu thereof
11 "Cooperative Research Centers";
12 (D) by striking out paragraph (6), and redesignating
13 paragraphs (7) and (8) as paragraphs (6) and (7),
14 respectively; and
15 (E) by striking out "owned and funded" in paragraph
16 (6) as se redesignated and inserting in lieu thereof
17 "owned, leased, or otherwise used by a Federal
18 agency and funded".
19 (3) Section 5(a) of such Act is amended by striking out
20 "Industrial Technology" and inserting in lieu thereof "Productivity,
21 Technology, and Innovation".
22 (4) Section 5(b) of such Act is amended by striking out
23 "DIRECTOR" and inserting in lieu thereof "ASSISTANT SECRETARY",
24 and by striking out "a Director of the Office" and
(Page 21)
1 all that follows and inserting in lieu thereof "an Assistant
2 Secretary for Productivity, Technology, and Innovation.".
3 (5) Section 5(c) of such Act is amended by striking out
4 "the Director" each place it appears and inserting in lieu
5 thereof "the Assistant Secretary".
6 (6) The heading of section
6 of such Act is amended to
7 read as follows:
8 "SEC. 6. COOPERATIVE RESEARCH CENTERS."
9 (7) Section 6(a) of such Act is amended by striking out
10 "Centers for Industrial Technology" and inserting in lieu
11 thereof "Cooperative Research Centers".
12 (8) Section 6(b)(1) of such Act is amended by striking
13 out "basic and applied".
14 (9) Section 6(e) of such Act is amended to read as
15 follows:
16 "(e) RESEARCH AND DEVELOPMENT UTILIZATION.
17 In the promotion of technology from research and development
18 efforts by Centers under this section, chapter 18 of title
19 35, United States Code, shall apply to the extent not inconsistent
20 with this section.".
21 (10) Section 6(f) of such Act is repealed.
22 (11) The heading of section 8 of such Act is amended by
23 striking out "CENTERS FOR INDUSTRIAL TECHNOLOGY" and
24 inserting in lieu thereof "COOPERATIVE RESEARCH
25 CENTERS".
(Page 22)
1 (12) Section 8(a) of such Act is amended by striking out
2 "Centers for Industrial Technology" and inserting in lieu
3 thereof "Cooperative Research Centers".
4 (e) RELATED CONFORMING AMENDMENT. Section
5 210 of title 35, United States Code, is amended by adding at
6 the end thereof the following new subsection:
7 "(c) The provisions of the Stevenson Wydler Technology
8 Innovation Act of 1980, as amended by the Federal Technology
9 Transfer Act of 1985, shall take precedence over the
10 provisions of this chapter to the extent that they permit of
11 require a disposition of rights in subject inventions which is
12 inconsistent with such chapter.".
13 (d) ADDITIONAL DEFINITIONS. Section 4 of such Act
14 {as amended by subsection (b)(2) of this section) is further
15 amended by adding at the end thereof the following new
16 paragraphs:
17 "(8) 'Federal agency' means any executive agency
18 as defined in section 105 of title 5, United States
19 Code, and the military departments as defined in section
20 102 of such title.
21 "(9) 'Invention' means any invention or discovery
22 which is or may be patentable or otherwise protected
23 under title 35, United States Code, or any novel
24 variety of plant which is or may be protectable under
(Page 23)
1 the Plant Variety Protection Act (7 U.S.C. 2321 et
2 seq-).
3 "(10) 'Made' when used in conjunction with any
4 invention means the conception or first actual reduction
5 to practice of such invention.
6 "(11) 'Small business firm' means a small business
7 concern as defined in section 2 of Public Law 85536
8 (15 U.S.C. 632) and implementing regulations of
9 the Administrator of the Small Business
10 Administration.".
11 (c) REDESIGNATION OF SECTIONS TO REFLECT
12 CHANGES MADE BY PRECEDING PROVISIONS. (1) Such
13 Act (as amended by the preceding provisions of this Act) is
14 further amended by redesignating sections 11 through 18 as
15 sections 10 through 17, respectively.
16 (2)(A) Section 5(d) of such Act is amended by inserting
17 "(as then in effect)" after "sections 5, 6, 8, 11, 12, and 13 of
18 this Act".
19 (B) Section 8(a) of such Act is amended by striking out
20 the last sentence.
21 (C) Section O(d) of such Act is amended by striking out
22 "or 13" and inserting in lieu thereof "or 12".
23 (3) Section 18(a)(1) of such Act (as redesignated by
24 paragraph (1) of this subsection) is amended by striking out
(Page 24)
1 "section 12" in the matter preceding subparagraph (A) and
2 inserting in lieu thereof "section 11".
(End of crossed out text)
3 That this Act may be cited as the "Federal Technology
4 Transfer Act of 1986".
5 UTILIZATION OF FEDERAL TECHNOLOGY
6 SEC. 2. (a) Section 11(a) of the Stevenson-Wydler
7 Technology Innovation Act of 1980 (15 U.S.C. 3710(a)) is
8 amended-
9 (1) by inserting "(1)" after "POLICY .- "; and
10 (2) by adding at the end thereof the following:
11 "(2) Each laboratory director shall ensure that efforts to
12 transfer technology are considered positively in laboratory job
13 descriptions, employee promotion policies, and evaluation of
14 the job performance of scientists and engineers in the
15 laboratory.".
16 (b)(1) Section 11(b) of such Act (15 U.S.C. 3710(b)) is
17 amended-
18 (A) by striking "a total amount budget exceeding
19 $20,000,000 shall provide at least one professional individual
20 full-time" and inserting in lieu thereof “200
21 or more full-time scientific, engineering, and related
22 technical positions shall provide one or more full-time
23 equivalent positions";
24 (B) by striking "requirements set forth in (1)
25 and/or (2) of this subsection" and inserting in lieu
(Page 25)
1 thereof "requirement set forth in clause (2) of the preceding
2 sentence"; and
3 (C) by striking "either requirement (1) or (2)" in
4 the last sentence and inserting in lieu thereof "such
5 requirement".
6 (2) Section 11(c) of such Act (15 U.S.C. 3710(c)) is
7 amended-
8 (A) by amending paragraph (1) to read as
9 follows:
10 "(1) to prepare application assessments for selected
11 research and development projects in which that laboratory
12 is engaged and which in the opinion of the laboratory
13 may have potential commercial applications;";
14 (B) by striking "the Center for the Utilization of
15 Federal Technology" in paragraph (3) and inserting in
16 lieu thereof "the National Technical Information Service,
17 the Federal Laboratory Consortium for Technology
18 Transfer,", and by striking “; and" inserting in lieu
19 thereof a semicolon;
20 (C) by striking "in response to requests from
21 State and local government officials." in paragraph (4)
22 and inserting in lieu thereof "to State and local government
23 officials; and"; and
24 (D) by adding after paragraph (4) the following:
(Page 26)
1 "(5) to participate, where feasible, in regional, State,
2 and local government programs designed to facilitate or
3 stimulate the transfer of technology for the benefit of
4 the region, State, or local jurisdiction in which the
5 Federal laboratory is located.".
6 (c) Section 11(d) of such Act (15 U.S.C. 3710(d)) is
7 amended-
8 (1) by striking all from "(d)" through "shall-"
9 and inserting in lieu thereof the following:
10 "(d) DISSEMINATION OF TECHNICAL INFORMATION.-
11 The National Technical Information Service
12 shall-";
13 (2) by striking paragraph (2);
14 (3) by striking "existing" in paragraph (3), and
15 redesignating such paragraph as paragraph (2);
16 (4) by striking paragraph (4) and inserting in
17 lieu thereof the following:
18 "(3) receive requests for technical assistance from
19 State and local governments, respond to such requests
20 with published information available to the Service,
21 and refer such requests to the Federal Laboratory Consortium
22 for Technology Transfer to the extent that such
23 requests require a response involving more than the
24 published information available to the Service;";
(Page 27)
1 (5) by redesignating paragraphs (5) and (6) as
2 paragraphs (4) and (5), respectively; and
3 (6) by striking "(c)(4)" in paragraph (4), as so
4 redesignated, and inserting in lieu thereof "(c)(3)".
5 (d) Section 11(e) of such Act (15 U.S.C. 3710(e)) is
6 amended by striking "Center for the Utilization of Federal
7 Technology" and inserting in lieu thereof "Secretary".
8 ESTABLISHMENT OF FEDERAL LABORATORY CONSORTIUM
9 FOR TECHNOLOGY TRANSFER
10 SEC. 3. Section 11 of the Stevenson-Wydler Technology
11 Innovation Act of 1980 (15 U.S.C. 3710), is amended by
12 section 2 of this Act, is further amended-
13 (1) by redesignating subsection (e) as subsection
14 (f); and
15 (2) by inserting after subsection (d) the following:
16 "(e) ESTABLISHMENT OF FEDERAL LABORATORY
17 CONSORTIUM FOR TECHNOLOGY TRANSFER .- (1) There is
18 hereby established the Federal Laboratory Consortium for
19 Technology Transfer (hereinafter referred to as the 'Consortium')
20 which, in cooperation with Federal laboratories and private
21 sector, shall-
22 "(A) develop and, with the consent of the Federal
23 laboratory concerned, administer techniques, training
24 courses, and materials concerning technology transfer
25 to increase the awareness of Federal laboratory employees
(Page 28)
1 regarding the commercial potential of laboratory
2 technology and innovations;
3 "(B) furnish advice and assistance requested by
4 Federal agencies and laboratories for use in their technology
5 transfer programs (including the planning of
6 seminars for small business and other industry);
7 (C) provide a clearinghouse, at the laboratory
8 level, for requests for technical assistance from States
9 and units of local governments, businesses, industrial
10 development organizations, not-for-profit organizations
11 (including universities), Federal agencies and laboratories,
12 and other persons, and-
13 "(i) to the extent that a response to such requests
14 can be made with published information
15 available to the National Technical Information
16 service, refer such requests to that service; and
17 "(ii) otherwise refer such requests to the appropriate
18 Federal laboratories and agencies;
19 "(D) facilitate communication and coordination
20 between Offices of Research and Technology Applications
21 of Federal laboratories;
22 "(E) utilize (with the consent of the agency involved)
23 the expertise and services of the National Science
24 Foundation, the Department of Commerce, the
(Page 29)
1 National Aeronautics and Space Administration, and
2 other Federal agencies, as necessary;
3 "(F) with the consent of any Federal laboratory,
4 facilitate the use by such laboratory of appropriate
5 technology transfer mechanisms such as personnel exchanges
6 and computer-based systems;
7 "(G) with the consent of any Federal laboratory,
8 assist such laboratory to establish programs, such as
9 technical volunteer services, for the purpose of providing
10 technical assistance to communities related to such
11 laboratory; and
12 "(H) facilitate communication and cooperation between
13 tween Offices of Research and Technology Applications
14 of Federal laboratories and regional, State, and local
15 technology transfer organizations.
16 "(2) The membership of the Consortium shall consist of
17 the Federal laboratories described in clause (1) of subsection
18 (b) and such other laboratories as may choose to join the
19 Consortium. The representatives to the Consortium shall include
20 a senior staff member of each Federal laboratory which
21 is a member of the Consortium and a representative appointed
22 from each Federal agency with one or more
23 member laboratories.
24 "(3) The representatives to the Consortium shall elect a
25 Chairman of the Consortium.
(Page 30)
1 "(4) The Director of the National Bureau of Standards
2 shall provide the Consortium, on a reimbursable basis, with
3 administrative services, such as office space, personnel, and
4 support services of the Bureau, as requested by the Consortium
5 and approved by such Director.
6 "(5) Not later than 1 year after the date of the enactment
7 of this subsection, and every year thereafter, the Chairman
8 of the Consortium shall submit a report to the President,
9 to the appropriate authorization and appropriation committees
10 of both Houses of the Congress, and to each agency with
11 respect to which a transfer of funding is made (for the fiscal
12 year or years involved) under paragraph (6), concerning the
13 activities of the Consortium and the expenditures made by it
14 under this subsection during the year for which the report is
15 made.
16 "(6)(A) Subject to subparagraph (B), an amount equal
17 to 0.005 percent of that portion of the research and development
18 budget of each Federal agency that is to be utilized by
19 the laboratories of such agency for a fiscal year referred to in
20 subparagraph (B)(ii) shall be transferred by such agency to
21 the National Bureau of Standards at the beginning of the
22 fiscal year involved. Amounts so transferred shall be provided
23 by the Bureau to the Consortium for the purpose of carrying
24 out activities of the Consortium under this subsection.
(Page 31)
1 "(B) A transfer may be made by any Federal agency
2 under subparagraph (A), for any fiscal year, only if-
3 "(i) the amount so transferred by that agency (as
4 determined under such subparagraph) would exceed
5 $10,000; and
6 "(ii) such transfer is made with respect to the
7 fiscal year 1987, 1988, 1989, 1990, or 1991.
8 "(C) The heads of Federal agencies and their designees,
9 and the directors of Federal laboratories, may provide such
10 additional support for operations of the Consortium as they
11 consider appropriate.".
12 FUNCTIONS OF THE SECRETARY OF COMMERCE
13 TÍ SEC. 4. Section 11 of such Act (15 U.S.C. 3710), as
14 amended by this Act, is further amended by adding at the
15 end thereof the following:
16 "(g) FUNCTIONS OF THE SECRETARY .- (1) The secretary,
17 in consultation with other Federal agencies, may-
18 "(A) make available to interested agencies the
19 expertise of the Department of Commerce regarding the
20 commercial potential of inventions and methods and
21 options for commercialization which are available to
22 Federal laboratories, including research and development
23 limited partnerships;
24 "(B) develop and disseminate to appropriate
25 agency and laboratory personnel model provisions for
(Page 32)
1 use on a voluntary basis in cooperative research and
2 development arrangements; and
3 "(C) furnish advice and assistance, upon request,
4 to Federal agencies concerning their cooperative research
5 and development programs and projects.
6 "(2) Two years after the date of enactment of this subsection,
7 and every 2 years thereafter, the Secretary shall
8 submit a report to the President and the Congress on the use
9 by the agencies and the Secretary of the authorities specified
10 in this Act. Other Federal agencies shall, to the extent permitted
11 by law, provide the Secretary with all information
12 necessary to prepare such reports.".
13 COOPERATIVE RESEARCH AND DEVELOPMENT
14 AGREEMENTS
15 SEC. 5. The Stevenson-Wydler Technology Innovation
16 Act of 1980 is amended by redesignating sections 12 through
17 15 as sections 15 through 18, respectively, and by inserting
18 after section 11 the following:
19 "SEC. 12. COOPERATIVE RESEARCH AND DEVELOPMENT
20 AGREEMENTS.
21 "(a) GENERAL AUTHORITY .- (1) Each Federal
22 agency may permit the director of any of its Government-
23 operated Federal laboratories-
24 "(A) to enter into cooperative research and development
25 arrangements (subject to such regulations or
26 review procedures as the agency considers appropriate)
(Page 33)
1 with other Federal agencies, units of State or local
2 government, industrial organizations (including corporations,
3 partnerships, and limited partnerships), public
4 and private foundations, non-profit organizations (including
5 universities), or other persons (including
6 licensees of inventions owned by the Federal agency);
7 and
8 "(B) to negotiate licensing agreements under section
9 207 of title 35, United States Code, or other
10 authorities for Government-owned inventions made at the
11 laboratory and other inventions of Federal employees
12 that may be voluntarily assigned to the Government.
13 "(2) Under arrangements entered into pursuant to paragraph
14 (1), a laboratory may-
15 "(A) accept funds, services, and property from collaborating
16 parties and provide services and property to
17 collaborating parties;
18 "(B) grant or agree to grant in advance to a collaborating
19 party patent licenses, assignments; or
20 options thereto, in any invention made by a Federal
21 employee under the arrangement, retaining such rights
22 as the Federal agency considers appropriate;
23 "(C) waive, in whole or in part, any right of
25 other statute to any inventions made by a collaborating
(Page 34)
1 party or employee of a collaborating party under the
2 arrangement; and
3 "(D) to the extent consistent with any applicable
4 agency requirements, permit employees or former employees
5 to the laboratory to participate in efforts to
6 commercialize inventions they made while in the service
7 of the United States.
8 "(3) Each agency shall maintain a record of all agreements
9 entered into under this section.
10 "(b) DEFINITION .- As used in this section, the term-
11 "(1) 'cooperative research and development agreement'
12 means any agreement between one or more Federal
13 laboratories and one or more non-Federal parties
14 under which the government provides personnel, services,
15 facilities, equipment, or other resources (but not
16 funds to non-Federal parties) and the non-Federal parties
17 provide funds, personnel, services, facilities, equipment,
18 or other resources toward the conduct of specified
19 reserch or development efforts which are consistent
20 with the missions of the agency except that such term
21 does not include a procurement contract or cooperative
22 agreement as those terms are used in sections 6303,
23 6304, and 6305 of title 31, United States Code; and
24 "(2) 'laboratory' means a facility or group of
25 facilities owned, leased, or otherwise used by a federal
(page 35)
1 agency, a substantial purpose of which is the performance
2 of research and development by employees of the
3 Federal Government.".
4 "(c) RELATIONSHIP TO OTHER LAWS .- Nothing in
5 this section is intended to limit or diminish existing authorities
6 of any agency.".
7 REWARDS FOR SCIENTIFIC, ENGINEERING, AND
8 TECHNICAL PERSONNEL OF FEDERAL AGENCIES
9 SEC. 6. The Stevenson-Wydler Technology Innovation
10 Act of 1980, as amended by this Act, is further amended by
11 inserting after section 12 the following:
12 "SEC. 13. REWARDS FOR SCIENTIFIC, ENGINEERING, AND TECHNICAL
13 PERSONNEL OF FEDERAL AGENCIES.
14 "(a) Cash Awards Program.- The head of each
15 Federal agency that is making expenditures at a rate of more
16 than $50,000,000 per fiscal year for research and development
17 in its government-operated laboratories shall use the
18 appropriate statutory authority to develop and implement a
19 cash awards program to reward its scientific, engineering
20 and technical personnel for-
21 "(1) inventions, innovations, or other outstanding
22 scientific or technological contributions of value to the
23 United States due to commercial applications or due to
24 contributions to missions of the Federal agency or the
25 Federal Government; and
(Page 36)
1 "(2) exemplary activities that promote the domes-
2 tic transfer of science and technology developed within
3 the Federal Government and result in utilization of
4 such science and technology by American industry or
5 business, universities, State or local governments, or
6 other non-Federal parties.
7 "(b) PAYMENT OF ROYALTIES .- Any royalties or
8 other income received by an agency from the licensing or assignment
9 of inventions under this section or under section
10 207 of title 35, United States Code, or other authority shall
11 be retained by the agency whose laboratory produced the invention,
12 except that beginning with fiscal year 1988, such
13 royalties or other income shall be subject to appropriations,
14 and shall be disposed of as follows:
15 "(1) At least 15 percent of the royalties or other
16 income received each year by the agency on account of
17 any invention shall be paid to the inventor or coinventors
18 if they were employees of the agency at the time
19 the invention was made. Payments made under this
20 paragraph are in addition to the regular pay of the employee
21 and to any awards made to that employee, and
22 such payments shall not affect the entitlement or limit
23 the amount of the regular pay, annuity, or other
24 awards to which the employee is otherwise entitled or
25 for which the employee is otherwise eligible.
(Page 37)
1 "(2) The balance of any royalties or related
2 income earned during any fiscal year after paying the
3 inventors' portions under paragraph (1) shall be transferred
4 to the agency's Government-operated laboratories
5 with a substantial percentage being returned to the laboratories
6 whose inventions produced the royalties or
7 income. Such royalties or income may be retained by
8 the laboratory up to the limits specified in this paragraph,
9 and used-
10 "(A) for mission-related research and development
11 of the laboratory;
12 "(B) to support development and education
13 programs for employees of the laboratory;
14 "(C) to reward employees of the laboratory
15 for contributing to the development of new technologies
16 and assisting in the transfer of technology to
17 the private sector, and for inventions of value to
18 the Government that will not produce royalties;
19 "(D) to further scientific exchange to and
20 from the laboratory; and
21 "(E) for payment of patenting costs and fees
22 and other expenses incidental to promoting, administering,
23 and licensing inventions, including
24 the fees or costs for services of other agencies or
(Page 38)
1 other persons or organizations for invention management
2 and licensing services.
3 If the balance for any laboratory after paying the inventors'
4 shares under paragraph (1) exceeds 5 percent
5 of the annual budget of the laboratory, 75 percent of
6 the excess shall be paid to the Treasury of the United
7 States and the remaining 25 percent shall be used for
8 the purposes listed in subparagraphs (A) through (E),
9 by the end of the fiscal year subsequent to the one in
10 which they were received. Any funds not so used or obligated
11 by the end of such fiscal year shall be paid to
12 the Treasury of the United States.
13 "(c) ASSIGNED INVENTIONS .- If the invention was
14 one assigned to the agency either (1) by a contractor, grantee,
15 or the recipient of a cooperative agreement of the agency, or
16 (2) by an employee of the agency that was not working in the
17 laboratory at the time the invention was made, the agency
18 unit that funded or employed or assigned the assignee shall,
19 for purposes of this section, be considered to be a laboratory.
20 "(d) REPORTS .- In making their annual budget submissions,
21 Federal agencies shall submit to the appropriate
22 authorization and appropriations committees of both Houses
23 of the Congress summaries of the amount of royalties or other
24 income received and expenditures made (including inventor
25 awards) under this section.".
(Page 39)
1 EMPLOYEE ACTIVITIES
2 SEC. 7. The Stevenson-Wydler Technology Innovation
3 Act of 1980, as amended by this Act, is further amended by
4 inserting after section 13 the following:
5 "SEC. 14. EMPLOYEE ACTIVITIES.
6 "(a) IN GENERAL .- If a Federal agency which has the
7 right of ownership to an invention under this Act does not
8 intend to file for a patent application or otherwise to promote
9 commercialization of such invention, the agency may allow
10 the inventor, if the inventor is a Government employee or
11 former employee who made the invention during the course of
12 employment with the Government, to retain title to the invention
13 (subject to reservation by the Government of a nonexclusive,
14 nontransferable, irrevocable, paid up license to practice
15 or have practiced the invention throughout the world by or on
16 behalf of the Government). In addition, the agency may condition
17 the inventor's right to title on the timely filing of a
18 patent application in cases when the Government determines
19 that it has or may have a need to practice the invention.
20 "(b) DEFINITION .- For purposes of this section, Federal
21 employees include 'special Government employees' as defined
22 in section 202 of title 18, United States Code.
23 "(c) RELATIONSHIP TO OTHER LAWS .- Nothing in
24 this section is intended to limit or diminish existing authorities
25 of any agency.".
(Page 40)
1 MISCELLANEOUS AND CONFORMING AMENDMENTS
2 SEC. 8. (a) Section 10 of the Stevenson-Wydler Technology
3 Innovation Act of 1980 (15 U.S.C. 3709) is repealed.
4 (b)(1) Section 3(2) of such Act (15 U.S.C. 3702(2)) is
5 amended by striking "centers for industrial technology" and
6 inserting in lieu thereof "cooperative research centers".
7 (2) Section 4 of such Act (15 U.S.C. 3703) is
8 amended
9 (A) by striking "Industrial Technology" in paragraph
10 (1) and inserting in lieu thereof "Productivity,
11 Technology, and Innovation";
12 (B) by striking "Director' means the Director of
13 the Office of Industrial Technology" in paragraph (3)
14 and inserting in lieu thereof "'Assistant Secretary'
15 means the Assistant Secretary for Productivity, Technology,
16 and Innovation";
17 (C) by striking "Centers for Industrial Technology"
18 in paragraph (4) and inserting in lieu thereof
19 "Cooperative Research Centers";
20 (D) by striking paragraph (6), and redesignating
21 paragraphs (7) and (8) as paragraphs (6) and (7), respectively;
22 and
23 (E) by striking "owned and funded" in paragraph
24 (6), as so redesignated, and inserting in lieu
(Page 41)
1 thereof "owned, leased, or otherwise used by a Federal
2 agency and funded".
3 (3) Section 5(a) of such Act (15 U.S.C. 3704(a)) is
4 amended by striking "Industrial Technology" and inserting
5 in lieu thereof "Productivity, Technology, and Innovation".
6 (4) Section 5(b) of such Act (15 U.S.C. 3704(b)) is
7 amended by striking "DIRECTOR" and inserting in lieu
8 thereof "ASSISTANT SECRETARY", and by striking all from
9 "a Director of the Office" and inserting in lieu thereof "an
10 Assistant Secretary for Productivity, Technology, and
11 Innovation.".
12 (5) Section 5(c) of such Act (15 U.S.C. 3704(c)) is
13 amended by striking "the Director" each place it appears and
14 inserting in lieu thereof "the Assistant Secretary".
15 (6) The heading of section 6 of such Act is amended to
16 read as follows:
17 "SEC. 6. COOPERATIVE RESEARCH CENTERS.".
18 (7) Section 6(a) of such Act (15 U.S.C. 3705(a)) is
19 amended by striking "Centers for Industrial Technology"
20 and inserting in lieu thereof "Cooperative Research
21 Centers".
22 (8) Section 6(b)(1) of such Act (15 U.S.C. 3705(b)(1))
23 is amended by striking "basic and applied".
24 (9) Section 6(e) of such Act (15 U.S.C. 3705(e)) is
25 amended to read as follows:
(Page 42)
1 "(e) RESEARCH AND DEVELOPMENT UTILIZATION .-
2 In the promotion of technological innovation and commercialization
3 of research and development efforts by Centers under
4 this section, chapter 18 of title 35, United States Code, shall
5 apply.".
6 (10) Section 6(f) of such Act (15 U.S.C. 3705(f)) is
7 repealed.
8 (11) The heading of section 8 of such Act is amended by
9 striking "CENTERS FOR INDUSTRIAL TECHNOLOGY" and
10 inserting in lieu thereof "COOPERATIVE RESEARCH
11 CENTERS".
12 (12) Section 8(a) of such Act (15 U.S.C. 3707(a)) is
13 amended by striking "Centers for Industrial Technology"
14 and inserting in lieu thereof "Cooperative Research
15 Centers".
16 (c) Section 4 of such Act (15 U.S.C. 3703), as amended
17 by subsection (b)(2) of this section, is further amended by
18 adding at the end thereof the following:
19 "(8) "'Federal agency' means any executive
20 agency as defined in section 105 of title 5, United
21 States Code, and the military departments, as defined
22 in section 102 of such title.
23 "(9) 'Invention' means any invention or discovery
24 which is or may be patentable or otherwise protected
25 under title 35, United States Code, or any novel variety
(Page 43)
1 of plant which is or may be protectable under the
2 Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
3 "(10) 'Made', when used in conjunction with any
4 invention, means the conception or first actual reduction
5 to practice of such invention.".
6 (d)(1) Such Act (as amended by this Act) is further
7 amended by redesignating sections 11 through 18 as sections
8 10 through 17, respectively.
9 (2)(A) Section 5(d) of such Act (15 U.S.C. 3704(d)) is
10 amended by inserting "(as then in effect)" after "Act" the
11 second time it appears.
12 (B) Section 8(a) of such Act (15 U.S.C. 3707(a)) is
13 amended by striking the last sentence.
14 (C) Section 9(d) of such Act (15 U.S.C. 3708(d)) is
15 amended by striking "or 13" and inserting in lieu thereof
16 "10, or 14".
(Page 43)
Calendar No. 662
99TH CONGRESS 2D SESSION H. R. 3773
[Report No. 99-283]
AN ACT
To amend the Stevenson-Wydler Technology Innovation Act of 1980 to promote technology transfer by authorizing Government-operated laboratories to enter into cooperative research agreements and by establishing a Federal Laboratory Consortium for Technology Transfer within the National Science Foundation, and for other purposes.
MAY 21 (legislative day, MAY 19), 1986 Committee discharged; placed on the calendar; II
Calendar No. 662
99TH CONGRESS 1ST SESSION H. R. 3773
[Report No. 99-283]
IN THE SENATE OF THE UNITED STATES
DECEMBER 11 (legislative day, DECEMBER 9), 1985 Received; read twice and referred to the Committee on Commerce, Science, and Transportation
MARCH 20 (legislative day, MARCH 18), 1986 Ordered, that when reported by the Committee on Commerce, Science and Transportation, the bill be referred to the Committee on the Judiciary for a period not to exceed thirty calendar days to consider sections 4, 5, 6, and 7.
APRIL 21, 1986 Reported by Mr. DANFORTH, with amendment [Strike out all after the enacting clause and insert the part printed in italic]
APRIL 21, 1986
Sequentially referred to the Committee on the Judiciary for a period not to extend beyond thirty calendar days, for the purpose of considering sections 4, 5, 6, and 7, pursuant to the order of March 20, 1986
MAY 21 (legislative day, MAY 19), 1986 Committee discharged; placed on the calendar
AN ACT
To amend the Stevenson-Wydler Technology Innovation Act of 1980 to promote technology transfer by authorizing Government
(Page 2)
-operated laboratories to enter into cooperative research agreements and by establishing a Federal Laboratory Consortium for Technology Transfer within the National Science Foundation, and for other purposes.
1 Be it enacted by the Senate and House of Representatives
2 of the United States of America in Congress assembled,
(Start of crossed out text)
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Federal Technology
5 Transfer Act of 1985".
6 SEC. 2. COOPERATIVE RESEARCH AND DEVELOPMENT
7 AGREEMENTS.
8 The Stevenson Wydler Technology Innovation Act of
9 1980 is amended by redesignating sections 12 through 15 as
10 sections 15 through 18, and by inserting immediately after
11 section 11 the following new section:
12 "SEC. 12. COOPERATIVE RESEARCH AND DEVELOPMENT
13 AGREEMENTS.
14 "(a) GENERAL AUTHORITY. Each Federal agency
15 may permit the director of any of its Government-operated
16 Federal laboratories
17 "(1) to enter into cooperative research and development
18 agreements on behalf of such agency (subject
19 to subsection (c) of this section) with other Federal
20 agencies; units of State or local government; industrial
21 organizations including corporations, partnerships, and
22 limited partnerships; industrial development organizations;
(Page 3)
1 public and private foundations; nonprofit organizations
2 including universities; licensees of Federal inventions;
3 or other persons; and
4 "(2) to negotiate licensing agreements under section
5 207 of title 35, United States Code, or under
6 other authorities.
7 "(b) ENUMERATED AUTHORITY. Under agreements
8 described in subsection (a)(1), a Government-operated Feder-
9 al laboratory shall have the authority (subject to subsection
10 (c) of this section)
11 "(1) to grant or agree to grant in advance, to a
12 collaborating party, patent licenses or assignments, or
13 options thereto, in any invention made by a Federal
14 employee, or made jointly by a Federal employee and
15 an employee of the collaborating party, under the
16 agreement, retaining such rights as the Federal laboratory
17 deems appropriate; and
18 "(2) to waive in advance, in whole or in part, any
19 right of ownership which the Federal Government may
20 have to any subject invention made by a collaborating
21 party or employee of a collaborating party under the
22 agreement.
23 "(e) AGENCY PLAN. (1)(A) Within 180 days after the
24 election by any Federal agency to implement subsection (a),
25 revised regulations or instructions for that agency's cooperative
(Page 4)
1 research and development program shall be drafted or
2 modified. The revised regulations or instructions need not
3 apply to cooperative agreements entered into prior to the effective
4 date of such regulations or instructions. Such revised
5 regulations or instructions shall
6 "(i) if they give the head of the agency or his designee
7 an opportunity to disapprove or require the modification
8 of any such agreement, provide a 30 day
9 period beginning on the date the agreement is presented
10 to him or her by the head of the laboratory concerned
11 within which such action must be taken;
12 "(ii) give special consideration to small business
13 firms, and consortia involving small business firms;
14 "(iii) give preference to business units located in
15 the United States which agree that products embodying
16 inventions made under the cooperative research
17 and development agreement or produced through the
18 use of such invention will be manufactured substantially
19 in the United States;
20 "(iv) establish employee standards of conduct for
21 resolving potential conflicts of interest, including but
22 not limited to cases where present or former employees
23 or their partners negotiate licenses or assignments of
24 titles to inventions or negotiate cooperative research
25 and development agreements with Federal agencies
(page 5)
1 (including the agency with which the employee involved
2 is or was formerly employed); and
3 "(v) contain other elements deemed appropriate
4 by the agency.
5 "(B) In any case in which the head of an agency or his
6 designee disapproves or requires the modification of an agreement
7 presented under this section, the head of the agency or
8 such designee shall transmit a written explanation of such
9 disapproval or modification to the head of the laboratory
10 concerned.
11 "(C) H, in implementing subparagraph (A)(iv), an
12 agency is unable to resolve potential conflicts of interest
13 within its current statutory framework, it shall propose necessary
14 statutory changes to be forwarded to its authorizing
15 committees in Congress.
16 "(2) Each agency shall maintain a record of all agreements
17 entered into under this section.
18 "(d) DEFINITION. As used in this section, the term
19 'cooperative research and development agreement' means
20 any agreement between one or more Federal laboratories and
21 one or more non Federal parties under which the laboratory
22 or laboratories will provide personnel, services, facilities,
23 equipment, or other resources (but not funds to non Federal
24 parties) and the non Federal party or parties will provide
25 funds, personnel, services, facilities, equipment, or other resources
(page 6)
1 toward the conduct of specified research or development
2 efforts which are consistent with the missions of the
3 agency; except that such term does not include a procurement
4 contract as that term is used in section 6303 of title 31,
5 United States Code, or a cooperative agreement as that term
6 is used in section 6305 of such title.
7 "(c) RELATIONSHIP TO OTHER LAWS. Nothing in 8 this section is intended to limit or diminish existing authorities
9 of any agency.".
10 SEG. 3. ESTABLISHMENT OF FEDERAL LABORATORY CONSORTIUM
11 FOR TECHNOLOGY TRANSFER.
12 Section 11 of the Stevenson Wydler Technology Innovation
13 Act of 1980 (15 U.S.C. 3710) is amended
14 (1) by redesignating subsection (c) as subsection
15 (f); and
16 (2) by inserting after subsection (d) the following
17 new subsection:
18 "(e) ESTABLISHMENT OF FEDERAL LABORATORY
19 CONSORTIUM FOR TECHNOLOGY TRANSFER. (1) There is
20 hereby established the Federal Laboratory Consortium for
21 Technology Transfer (hereinafter referred to as the 'Consortium')
22 which shall be within the National Science Foundation
23 and which, in cooperation with Federal laboratories and the
24 private sector, shall
(page 7)
1 "(A) develop and administer techniques, training
2 courses, and materials concerning technology transfer
3 to increase the awareness of Federal laboratory employees
4 regarding the commercial potential of laboratory
5 technology and innovations, except that such techniques
6 courses, and materials may be administered
7 only with the consent of the Federal laboratory
8 concerned;
9 "(B) furnish advice and assistance requested by
10 Federal agencies and laboratories for use in their technology
11 transfer programs (including the planning of
12 seminars for small business and other industry);
13 "(C) provide a clearinghouse for requests for technical
14 assistance from States and units of local governments,
15 businesses, industrial development organizations,
16 not-for profit organizations including universities,
17 Federal agencies and laboratories, and other persons,
18 and
19 "(i) to the extent that such requests can be
20 responded to with published information available
21 to the National Technical Information Service,
22 refer such requests to that Service; and
23 "(ii) otherwise refer these requests to the
24 appropriate Federal laboratories and agencies
(Page 8)
1 "(D) facilitate communication and coordination
2 between Offices of Research and Technology Applications
3 of Federal laboratories;
4 "(E) utilize (with the consent of the agency involved)
5 the expertise and services of the National Science
6 Foundation, the Department of Commerce, the
7 National Aeronautics and Space Administration,and
8 other Federal agencies, as necessary;
9 "(F) with the consent of any Federal laboratory,
10 facilitate the use by such laboratory of appropriate
11 technology transfer mechanisms such as personnel exchanges
12 and computer-based systems;
13 "(G) with the consent of any Federal laboratory,
14 assist such laboratory to establish technical volunteer
15 service programs for the purpose of providing technical
16 assistance to communities related to such laboratory;
17 "(H) facilitate communication and cooperation between
18 Offices of Research and Technology Applications
19 of Federal laboratories and regional, State, and
20 local technology transfer organizations; and
21 "(I) establish advisory committees in each Federal
22 laboratory consortium region composed of representatives
23 from State and local governments, large and
24 small business, universities, and other appropriate persons
25 to advise on the effectiveness of the program (and
(Page 9)
1 the members of any such advisory committee shall
2 serve at no expense to the government).
3 "(2) The membership of the Consortium shall consist of
4 the Federal laboratories described in clause (1) of subsection
5 (b) and such other laboratories as may choose to join the
6 Consortium. The representatives to the Consortium shall include
7 a senior staff member of each Federal laboratory which
8 is a member of the Consortium and a representative appointed
9 from each Federal agency with one or more member
10 laboratories.
11 "(3) The representatives to the Consortium shall elect a
12 Chairman of the Consortium.
13 "(4) The Director of the National Science Foundation
14 shall provide the Consortium on a reimbursable basis with
15 administrative services, such as office space, personnel, and
16 support services of the Foundation, as requested by the Consortium
17 and approved by such Director.
18 "(5) Not later than one year after the date of the enactment
19 of this subsection, and every year thereafter, the Chairman
20 of the Consortium shall submit a report to the President,
21 to the appropriate authorization and appropriation committees
22 of both Houses of the Congress, and to each agency with
23 respect to which a transfer of funding is made (for the fiscal
24 year or years involved) under paragraph (6), concerning the
25 activities of the Consortium and the expenditures made by it
(Page 10)
1 under this subsection during the year for which the report is
2 made.
3 "(6)(A) Subject to subparagraph (B), an amount equal to
4 0.005 percent of that portion of the research and development
5 budget of each Federal agency that is to be utilized by
6 the laboratories of such agency for a fiscal year referred to in
7 subparagraph (B)(ii) shall be transferred by such agency to
8 the National Science Foundation at the beginning of the
9 fiscal year involved. Amounts so transferred shall be provided
10 by the Foundation to the Consortium for the purpose of carrying
11 out activities of the Consortium under this subsection.
12 "(B) A transfer may be made by any Federal agency
13 under subparagraph (A), for any fiscal year, only if
14 "(i) the amount so transferred by that agency as
15 determined under such subparagraph) would exceed
16 $10,000; and
17 "(ii) such transfer is made with respect to the
18 fiscal year 1987, 1988, 1989, 1990, or 1991.
19 "(C) The heads of Federal agencies and their designees,
20 and the directors of Federal laboratories, are authorized to
21 provide such additional support for operations of the Consortium
22 as they deem appropriate.".
(Page 11)
1 SEC. 4. UTILIZATION OF FEDERAL TECHNOLOGY.
2 (a) RESPONSIBILITY FOR TECHNOLOGY TRANSFER.
3 Section 11(a) of the Stevenson Wydler Technology Innovation
4 Act of 1980 (15 U.S.C. 3710(a)) is amended
5 (1) by inserting "(1)" after "POLICY. "; and
6 (2) by adding at the end thereof the following new
7 paragraphs:
8 "(2) Technology transfer, consistent with mission responsibilities,
9 is a responsibility of each laboratory science
10 and engineering professional.
11 "(3) Each laboratory director shall ensure that efforts to
12 transfer technology are considered positively in laboratory job
13 descriptions, employee promotion policies, and evaluation of
14 the job performance of scientists and engineers in the
15 laboratory.".
16 (b) RESEARCH AND TECHNOLOGY APPLICATIONS OFFICES
17 (1) Section 11(b) of such Act (15 U.S.C. 3710(b)) is
18 amended
19 (A) by striking out "a total annual budget exceeding
20 $20,000,000 shall provide at least one professional
21 individual full time" and inserting in lieu thereof "200
22 or more full-time scientific, engineering, and related
23 technical positions shall provide one or more full-time
24 equivalent positions";
25 (B) by inserting immediately before the next to
26 last sentence the following new sentence: "Furthermore,
(Page 12)
1 individuals filling positions in an Office of Research
2 and Technology Applications shall be included
3 in the overall laboratory/agoney management development
4 program so as to ensure that highly competent
5 technical managers are full participants in the technology
6 transfer process.";
7 (C) by striking out "requirements set forth in (1)
8 and/or (2) of this subsection" in the next to last sentence
9 and inserting in lieu thereof "requirement set
10 forth in clause (2) of the preceding sentence"; and
11 (D) by striking out "either requirement (1) or (2)"
12 in the last sentence and inserting in lieu thereof "such
13 requirement".
14 (2) Section 11(e) of such Act (15 U.S.C. 3710(c)) is
15 amended
16 (A) by striking out paragraph (1) and inserting in
17 lieu thereof the following:
18 "(1) to prepare application assessments for selected
19 research and development projects in which that
20 laboratory is engaged and which in the opinion of the
21 laboratory may have potential commercial
22 applications;";
23 (B) by inserting "all" before "federally owned" in
24 paragraph (2);
(Page 13)
1 (C) by striking out "the Center for the Utilization
2 of Federal Technology" in paragraph (3) and inserting
3 in lieu thereof "the National Technical Information
4 Service, the Federal Laboratory Consortium for Technology
5 Transfer,"; and
6 (D) by striking out "in response to requests from
7 State and local government officials" in paragraph (4)
8 and inserting in lieu thereof "to State and local government
9 officials".
10 (e) DISSEMINATION OF TECHNICAL INFORMATION.
11 Section 11(d) of such Act (15 U.S.C. 3710(d)) is amended
12 (1) by striking out "(d)" and all that follows down
13 through "shall " and inserting in lieu thereof the
14 following:
15 "(d) DISSEMINATION OF TECHNICAL INFORMATION.
16 The National Technical Information Service shall ";
17 (2) by striking out paragraph (2);
18 (3) by striking out "existing" in paragraph (3),
19 and redesignating such paragraph as paragraph (2);
20 (4) by striking out paragraph (4) and inserting in
21 lieu thereof the following:
22 "(3) receive requests for technical assistance from
23 State and local governments, respond to such requests
24 with published information available to the Service,
25 and refer such requests to the Federal Laboratory Consortium
(Page 14)
1 for Technology Transfer to the extent that
2 such requests need a response involving more than the
3 published information available to the Service;";
4 (5) by redesignating paragraphs (5) and (6) as
5 paragraphs (4) and (5), respectively; and
6 (6) by striking out "(c)(4)" in subsection (4) as so
7 redesignated and inserting in lieu thereof "(c)(3)".
8 (d) AGENCY REPORTING. Section 11(f) of such Act
9 (15 U.S.C. 3710(c)) (as redesignated by section 8(1) of this
10 Act) is amended
11 (1) by striking out "prepare biennially a report
12 summarizing the activities" in the first sentence and
13 inserting in lieu thereof "report annually to the Congress,
14 as part of the agency's annual budget submission,
15 on the activities"; and
16 (2) by striking out the second sentence.
17 (e) FUNCTIONS OF THE SECRETARY. Section 11 of
18 such Act (as amended by the preceding provisions of this Act)
19 is further is amended by adding at the end thereof the following
20 new subsection:
21 "(g) FUNCTIONS OF THE SECRETARY. The Secretary,
22 in consultation with other Federal agencies, may
23 "(1) make available to interested agencies the expertise
24 of the Department of Commerce regarding the
25 commercial potential of inventions and methods and
(Page 15)
1 options for commercialization which are available to
2 the Federal laboratories, including research and development
3 limited partnerships;
4 "(2) develop and disseminate to appropriate
5 agency and laboratory personnel model provisions for
6 use on a voluntary basis in cooperative research and
7 development arrangements; and
8 "(3) furnish advice and assistance, upon request,
9 to Federal agencies concerning their cooperative research
10 and development program and projects.".
11 SEC. 5. REWARDS FOR SCIENTIFIC, ENGINEERING, AND TECHNICAL
12 PERSONNEL OF FEDERAL AGENCIES.
13 The Stevenson Wydler Technology Innovation Act of
14 1980 (as amended by the preceding provisions of this Act) is
15 further amended by inserting after section 12 the following
16 new section:
17 "SEG. 13. REWARDS FOR SCIENTIFIC, ENGINEERING, AND
18 TECHNICAL PERSONNEL OF FEDERAL
19 AGENCIES
20 "The head of each Federal agency that is making expenditures
21 at a rate of more than $50,000,000 per fiscal year
22 for research and development in its Government-operated
23 laboratories shall use the appropriate statutory authority to
24 develop and implement a cash awards program to reward its
25 scientific, engineering, and technical personnel for
(Page 16)
1 "(1) inventions, innovations, or other outstanding
2 scientific or technological contributions of value to the
3 United States due to commercial applications or due to
4 contributions to missions of the Federal agency or the
5 Federal government, or
6 "(2) exemplary activities that promote the domestic
7 transfer of science and technology developed within
8 the Federal Government and result in utilization of
9 such science and technology developed by American industry or
10 business, universities, State or local governments, or
11 other non Federal parties.".
12 SEC. 6. DISTRIBUTION OF ROYALTIES RECEIVED BY FEDERAL
13 AGENCIES.
14 The Stevenson Wydler Technology Innovation Act of
15 1980 (as amended by the preceding provisions of this Act) is
16 further amended by inserting after section 13 the following
17 new section:
18 "SEG. 14. DISTRIBUTION OF ROYALTIES RECEIVED BY FEDERAL
19 AGENCIES.
20 "(a) IN GENERAL. (1) Except as provided in paragraph
21 (2), any royalties or other income received by a Federal
22 agency from the licensing or assignment of inventions
23 under agreements entered into under section 12, and from
24 inventions of Government-operated Federal laboratories licensed
25 under section 207 of title 85, United States Code, or
(Pages 17)
1 under any other provision of law shall be retained by the
2 agency involved in the production of the income. Such funds
3 shall be transferred by the agency to its Government-operated
4 laboratories, with the major share of the royalties or other
5 income from any invention going to the laboratory where the
6 invention occurred; and the funds so transferred to any such
7 laboratory may be used or obligated by that laboratory during
8 the fiscal year in which they are received or during the succeeding
9 fiscal year
10 "(A) for payment of expenses incidental to the administration
11 and licensing of inventions by that laboratory
12 or by the agency with respect to inventions which
13 occurred at that laboratory, including the fees or other
14 costs for the services of other agencies, persons, or organizations
15 for invention management and licensing
16 services;
17 "(B) to reward scientific, engineering, and technical
18 employees of that laboratory as part of the
19 agency's reward program established pursuant to the
20 preceding section of this Act; provided that any payment
21 made under this paragraph shall be in addition to
22 the regular pay of the employee involved and to any
23 other awards made to that employee, and shall not
24 affect the entitlement of the employee to any regular
25 pay, annuity, or award to which he is otherwise entitled
(Page 18)
1 or for which he is otherwise eligible or limit the
2 amount thereof;
3 "(C) to further scientific exchange among the
4 government-operated laboratories of the agency; or
5 "(D) for scientific research and development, for
6 education and training of employees of that consistent
7 with the research and development mission and objectives
8 of the agency, and for other activities that increase
9 the licensing potential for transfer of the technology
10 of the Government operated laboratories of the
11 agency.
12 Any of such funds not so used or obligated by the end of the
13 fiscal year succeeding the fiscal year in which they are received
14 shall be paid into the Treasury of the United States.
15 "(2) If the royalties received by an agony in any fiscal
16 year exceed 5 percent of the budget of the Government-operated
17 laboratories of the agency for that year, 75 percent of
18 such excess shall be paid to the Treasury of the United
19 States and the remaining 25 percent may be used or obligated
20 for the purposes described in subparagraphs (A) through
21 (C) of paragraph (1) during that fiscal year or the succeeding
22 fiscal year. Any funds not so used or obligated shall be paid
23 into the Treasury of the United States.
24 "(b) CERTAIN ASSIGNMENTS. In the event that the
25 invention involved was one assigned to the Federal agency
(Page 19)
1 "(1) by a contractor, grantee, or party to a cooperative
2 agreement with the agency, or
3 "(2) by an employee of the agency who was not
4 working in a Government operated laboratory at the
5 time the invention was made,
6 the agency unit that funded or employed the entity that made
7 such assignment shall be considered to be a Government-
8 operated laboratory for purposes of this section.
9 "(e) REPORTS. In making their annual budget submissions
10 Federal agencies shall submit, to the appropriate authorization
11 and appropriation committees of both Houses of
12 the Congress, summaries of the amount of royalties or other
13 income received and expenditures made (including inventor
14 awards) under this section.".
15 SEC. 7. MISCELLANEOUS AND CONFORMING AMENDMENTS.
16 (a) REPDAL OF NATIONAL INDUSTRIAL TECHNOLOGY
17 BOARD. Section 10 of the Stevenson Wydler Technology
18 Innovation Act of 1980 (15 U.S.C. 3709) is repealed.
19 (b) CHANGES IN TERMINOLOGY OR ADMINISTRATIVE
20 STRUCTURE. (1) Section 3(2) of the Stevenson Wydler
21 Technology Innovation Act of 1980 is amended by striking
22 out "centers for industrial technology" and inserting in lieu
23 thereof "cooperative research centers".
24 (2) Section 4 of such Act is amended
(Page 20)
1 (A) by striking out "Industrial Technology" in
2 paragraph (1) and inserting in lieu thereof "Productivity
3 Technology, and Innovation";
4 (B) by striking out " "Director' means the Director
5 of the Office of Industrial Technology" in paragraph
6 (3) and inserting in lieu thereof " 'Assistant Secretary'
7 means the Assistant Secretary for Productivity,
8 Technology, and Innovation";
9 (C) by striking out "Centers for Industrial Technology"
10 in paragraph (4) and inserting in lieu thereof
11 "Cooperative Research Centers";
12 (D) by striking out paragraph (6), and redesignating
13 paragraphs (7) and (8) as paragraphs (6) and (7),
14 respectively; and
15 (E) by striking out "owned and funded" in paragraph
16 (6) as se redesignated and inserting in lieu thereof
17 "owned, leased, or otherwise used by a Federal
18 agency and funded".
19 (3) Section 5(a) of such Act is amended by striking out
20 "Industrial Technology" and inserting in lieu thereof "Productivity,
21 Technology, and Innovation".
22 (4) Section 5(b) of such Act is amended by striking out
23 "DIRECTOR" and inserting in lieu thereof "ASSISTANT SECRETARY",
24 and by striking out "a Director of the Office" and
(Page 21)
1 all that follows and inserting in lieu thereof "an Assistant
2 Secretary for Productivity, Technology, and Innovation.".
3 (5) Section 5(c) of such Act is amended by striking out
4 "the Director" each place it appears and inserting in lieu
5 thereof "the Assistant Secretary".
6 (6) The heading of section
6 of such Act is amended to
7 read as follows:
8 "SEC. 6. COOPERATIVE RESEARCH CENTERS."
9 (7) Section 6(a) of such Act is amended by striking out
10 "Centers for Industrial Technology" and inserting in lieu
11 thereof "Cooperative Research Centers".
12 (8) Section 6(b)(1) of such Act is amended by striking
13 out "basic and applied".
14 (9) Section 6(e) of such Act is amended to read as
15 follows:
16 "(e) RESEARCH AND DEVELOPMENT UTILIZATION.
17 In the promotion of technology from research and development
18 efforts by Centers under this section, chapter 18 of title
19 35, United States Code, shall apply to the extent not inconsistent
20 with this section.".
21 (10) Section 6(f) of such Act is repealed.
22 (11) The heading of section 8 of such Act is amended by
23 striking out "CENTERS FOR INDUSTRIAL TECHNOLOGY" and
24 inserting in lieu thereof "COOPERATIVE RESEARCH
25 CENTERS".
(Page 22)
1 (12) Section 8(a) of such Act is amended by striking out
2 "Centers for Industrial Technology" and inserting in lieu
3 thereof "Cooperative Research Centers".
4 (e) RELATED CONFORMING AMENDMENT. Section
5 210 of title 35, United States Code, is amended by adding at
6 the end thereof the following new subsection:
7 "(c) The provisions of the Stevenson Wydler Technology
8 Innovation Act of 1980, as amended by the Federal Technology
9 Transfer Act of 1985, shall take precedence over the
10 provisions of this chapter to the extent that they permit of
11 require a disposition of rights in subject inventions which is
12 inconsistent with such chapter.".
13 (d) ADDITIONAL DEFINITIONS. Section 4 of such Act
14 {as amended by subsection (b)(2) of this section) is further
15 amended by adding at the end thereof the following new
16 paragraphs:
17 "(8) 'Federal agency' means any executive agency
18 as defined in section 105 of title 5, United States
19 Code, and the military departments as defined in section
20 102 of such title.
21 "(9) 'Invention' means any invention or discovery
22 which is or may be patentable or otherwise protected
23 under title 35, United States Code, or any novel
24 variety of plant which is or may be protectable under
(Page 23)
1 the Plant Variety Protection Act (7 U.S.C. 2321 et
2 seq-).
3 "(10) 'Made' when used in conjunction with any
4 invention means the conception or first actual reduction
5 to practice of such invention.
6 "(11) 'Small business firm' means a small business
7 concern as defined in section 2 of Public Law 85536
8 (15 U.S.C. 632) and implementing regulations of
9 the Administrator of the Small Business
10 Administration.".
11 (c) REDESIGNATION OF SECTIONS TO REFLECT
12 CHANGES MADE BY PRECEDING PROVISIONS. (1) Such
13 Act (as amended by the preceding provisions of this Act) is
14 further amended by redesignating sections 11 through 18 as
15 sections 10 through 17, respectively.
16 (2)(A) Section 5(d) of such Act is amended by inserting
17 "(as then in effect)" after "sections 5, 6, 8, 11, 12, and 13 of
18 this Act".
19 (B) Section 8(a) of such Act is amended by striking out
20 the last sentence.
21 (C) Section O(d) of such Act is amended by striking out
22 "or 13" and inserting in lieu thereof "or 12".
23 (3) Section 18(a)(1) of such Act (as redesignated by
24 paragraph (1) of this subsection) is amended by striking out
(Page 24)
1 "section 12" in the matter preceding subparagraph (A) and
2 inserting in lieu thereof "section 11".
(End of crossed out text)
3 That this Act may be cited as the "Federal Technology
4 Transfer Act of 1986".
5 UTILIZATION OF FEDERAL TECHNOLOGY
6 SEC. 2. (a) Section 11(a) of the Stevenson-Wydler
7 Technology Innovation Act of 1980 (15 U.S.C. 3710(a)) is
8 amended-
9 (1) by inserting "(1)" after "POLICY .- "; and
10 (2) by adding at the end thereof the following:
11 "(2) Each laboratory director shall ensure that efforts to
12 transfer technology are considered positively in laboratory job
13 descriptions, employee promotion policies, and evaluation of
14 the job performance of scientists and engineers in the
15 laboratory.".
16 (b)(1) Section 11(b) of such Act (15 U.S.C. 3710(b)) is
17 amended-
18 (A) by striking "a total amount budget exceeding
19 $20,000,000 shall provide at least one professional individual
20 full-time" and inserting in lieu thereof “200
21 or more full-time scientific, engineering, and related
22 technical positions shall provide one or more full-time
23 equivalent positions";
24 (B) by striking "requirements set forth in (1)
25 and/or (2) of this subsection" and inserting in lieu
(Page 25)
1 thereof "requirement set forth in clause (2) of the preceding
2 sentence"; and
3 (C) by striking "either requirement (1) or (2)" in
4 the last sentence and inserting in lieu thereof "such
5 requirement".
6 (2) Section 11(c) of such Act (15 U.S.C. 3710(c)) is
7 amended-
8 (A) by amending paragraph (1) to read as
9 follows:
10 "(1) to prepare application assessments for selected
11 research and development projects in which that laboratory
12 is engaged and which in the opinion of the laboratory
13 may have potential commercial applications;";
14 (B) by striking "the Center for the Utilization of
15 Federal Technology" in paragraph (3) and inserting in
16 lieu thereof "the National Technical Information Service,
17 the Federal Laboratory Consortium for Technology
18 Transfer,", and by striking “; and" inserting in lieu
19 thereof a semicolon;
20 (C) by striking "in response to requests from
21 State and local government officials." in paragraph (4)
22 and inserting in lieu thereof "to State and local government
23 officials; and"; and
24 (D) by adding after paragraph (4) the following:
(Page 26)
1 "(5) to participate, where feasible, in regional, State,
2 and local government programs designed to facilitate or
3 stimulate the transfer of technology for the benefit of
4 the region, State, or local jurisdiction in which the
5 Federal laboratory is located.".
6 (c) Section 11(d) of such Act (15 U.S.C. 3710(d)) is
7 amended-
8 (1) by striking all from "(d)" through "shall-"
9 and inserting in lieu thereof the following:
10 "(d) DISSEMINATION OF TECHNICAL INFORMATION.-
11 The National Technical Information Service
12 shall-";
13 (2) by striking paragraph (2);
14 (3) by striking "existing" in paragraph (3), and
15 redesignating such paragraph as paragraph (2);
16 (4) by striking paragraph (4) and inserting in
17 lieu thereof the following:
18 "(3) receive requests for technical assistance from
19 State and local governments, respond to such requests
20 with published information available to the Service,
21 and refer such requests to the Federal Laboratory Consortium
22 for Technology Transfer to the extent that such
23 requests require a response involving more than the
24 published information available to the Service;";
(Page 27)
1 (5) by redesignating paragraphs (5) and (6) as
2 paragraphs (4) and (5), respectively; and
3 (6) by striking "(c)(4)" in paragraph (4), as so
4 redesignated, and inserting in lieu thereof "(c)(3)".
5 (d) Section 11(e) of such Act (15 U.S.C. 3710(e)) is
6 amended by striking "Center for the Utilization of Federal
7 Technology" and inserting in lieu thereof "Secretary".
8 ESTABLISHMENT OF FEDERAL LABORATORY CONSORTIUM
9 FOR TECHNOLOGY TRANSFER
10 SEC. 3. Section 11 of the Stevenson-Wydler Technology
11 Innovation Act of 1980 (15 U.S.C. 3710), is amended by
12 section 2 of this Act, is further amended-
13 (1) by redesignating subsection (e) as subsection
14 (f); and
15 (2) by inserting after subsection (d) the following:
16 "(e) ESTABLISHMENT OF FEDERAL LABORATORY
17 CONSORTIUM FOR TECHNOLOGY TRANSFER .- (1) There is
18 hereby established the Federal Laboratory Consortium for
19 Technology Transfer (hereinafter referred to as the 'Consortium')
20 which, in cooperation with Federal laboratories and private
21 sector, shall-
22 "(A) develop and, with the consent of the Federal
23 laboratory concerned, administer techniques, training
24 courses, and materials concerning technology transfer
25 to increase the awareness of Federal laboratory employees
(Page 28)
1 regarding the commercial potential of laboratory
2 technology and innovations;
3 "(B) furnish advice and assistance requested by
4 Federal agencies and laboratories for use in their technology
5 transfer programs (including the planning of
6 seminars for small business and other industry);
7 (C) provide a clearinghouse, at the laboratory
8 level, for requests for technical assistance from States
9 and units of local governments, businesses, industrial
10 development organizations, not-for-profit organizations
11 (including universities), Federal agencies and laboratories,
12 and other persons, and-
13 "(i) to the extent that a response to such requests
14 can be made with published information
15 available to the National Technical Information
16 service, refer such requests to that service; and
17 "(ii) otherwise refer such requests to the appropriate
18 Federal laboratories and agencies;
19 "(D) facilitate communication and coordination
20 between Offices of Research and Technology Applications
21 of Federal laboratories;
22 "(E) utilize (with the consent of the agency involved)
23 the expertise and services of the National Science
24 Foundation, the Department of Commerce, the
(Page 29)
1 National Aeronautics and Space Administration, and
2 other Federal agencies, as necessary;
3 "(F) with the consent of any Federal laboratory,
4 facilitate the use by such laboratory of appropriate
5 technology transfer mechanisms such as personnel exchanges
6 and computer-based systems;
7 "(G) with the consent of any Federal laboratory,
8 assist such laboratory to establish programs, such as
9 technical volunteer services, for the purpose of providing
10 technical assistance to communities related to such
11 laboratory; and
12 "(H) facilitate communication and cooperation between
13 tween Offices of Research and Technology Applications
14 of Federal laboratories and regional, State, and local
15 technology transfer organizations.
16 "(2) The membership of the Consortium shall consist of
17 the Federal laboratories described in clause (1) of subsection
18 (b) and such other laboratories as may choose to join the
19 Consortium. The representatives to the Consortium shall include
20 a senior staff member of each Federal laboratory which
21 is a member of the Consortium and a representative appointed
22 from each Federal agency with one or more
23 member laboratories.
24 "(3) The representatives to the Consortium shall elect a
25 Chairman of the Consortium.
(Page 30)
1 "(4) The Director of the National Bureau of Standards
2 shall provide the Consortium, on a reimbursable basis, with
3 administrative services, such as office space, personnel, and
4 support services of the Bureau, as requested by the Consortium
5 and approved by such Director.
6 "(5) Not later than 1 year after the date of the enactment
7 of this subsection, and every year thereafter, the Chairman
8 of the Consortium shall submit a report to the President,
9 to the appropriate authorization and appropriation committees
10 of both Houses of the Congress, and to each agency with
11 respect to which a transfer of funding is made (for the fiscal
12 year or years involved) under paragraph (6), concerning the
13 activities of the Consortium and the expenditures made by it
14 under this subsection during the year for which the report is
15 made.
16 "(6)(A) Subject to subparagraph (B), an amount equal
17 to 0.005 percent of that portion of the research and development
18 budget of each Federal agency that is to be utilized by
19 the laboratories of such agency for a fiscal year referred to in
20 subparagraph (B)(ii) shall be transferred by such agency to
21 the National Bureau of Standards at the beginning of the
22 fiscal year involved. Amounts so transferred shall be provided
23 by the Bureau to the Consortium for the purpose of carrying
24 out activities of the Consortium under this subsection.
(Page 31)
1 "(B) A transfer may be made by any Federal agency
2 under subparagraph (A), for any fiscal year, only if-
3 "(i) the amount so transferred by that agency (as
4 determined under such subparagraph) would exceed
5 $10,000; and
6 "(ii) such transfer is made with respect to the
7 fiscal year 1987, 1988, 1989, 1990, or 1991.
8 "(C) The heads of Federal agencies and their designees,
9 and the directors of Federal laboratories, may provide such
10 additional support for operations of the Consortium as they
11 consider appropriate.".
12 FUNCTIONS OF THE SECRETARY OF COMMERCE
13 TÍ SEC. 4. Section 11 of such Act (15 U.S.C. 3710), as
14 amended by this Act, is further amended by adding at the
15 end thereof the following:
16 "(g) FUNCTIONS OF THE SECRETARY .- (1) The secretary,
17 in consultation with other Federal agencies, may-
18 "(A) make available to interested agencies the
19 expertise of the Department of Commerce regarding the
20 commercial potential of inventions and methods and
21 options for commercialization which are available to
22 Federal laboratories, including research and development
23 limited partnerships;
24 "(B) develop and disseminate to appropriate
25 agency and laboratory personnel model provisions for
(Page 32)
1 use on a voluntary basis in cooperative research and
2 development arrangements; and
3 "(C) furnish advice and assistance, upon request,
4 to Federal agencies concerning their cooperative research
5 and development programs and projects.
6 "(2) Two years after the date of enactment of this subsection,
7 and every 2 years thereafter, the Secretary shall
8 submit a report to the President and the Congress on the use
9 by the agencies and the Secretary of the authorities specified
10 in this Act. Other Federal agencies shall, to the extent permitted
11 by law, provide the Secretary with all information
12 necessary to prepare such reports.".
13 COOPERATIVE RESEARCH AND DEVELOPMENT
14 AGREEMENTS
15 SEC. 5. The Stevenson-Wydler Technology Innovation
16 Act of 1980 is amended by redesignating sections 12 through
17 15 as sections 15 through 18, respectively, and by inserting
18 after section 11 the following:
19 "SEC. 12. COOPERATIVE RESEARCH AND DEVELOPMENT
20 AGREEMENTS.
21 "(a) GENERAL AUTHORITY .- (1) Each Federal
22 agency may permit the director of any of its Government-
23 operated Federal laboratories-
24 "(A) to enter into cooperative research and development
25 arrangements (subject to such regulations or
26 review procedures as the agency considers appropriate)
(Page 33)
1 with other Federal agencies, units of State or local
2 government, industrial organizations (including corporations,
3 partnerships, and limited partnerships), public
4 and private foundations, non-profit organizations (including
5 universities), or other persons (including
6 licensees of inventions owned by the Federal agency);
7 and
8 "(B) to negotiate licensing agreements under section
9 207 of title 35, United States Code, or other
10 authorities for Government-owned inventions made at the
11 laboratory and other inventions of Federal employees
12 that may be voluntarily assigned to the Government.
13 "(2) Under arrangements entered into pursuant to paragraph
14 (1), a laboratory may-
15 "(A) accept funds, services, and property from collaborating
16 parties and provide services and property to
17 collaborating parties;
18 "(B) grant or agree to grant in advance to a collaborating
19 party patent licenses, assignments; or
20 options thereto, in any invention made by a Federal
21 employee under the arrangement, retaining such rights
22 as the Federal agency considers appropriate;
23 "(C) waive, in whole or in part, any right of
25 other statute to any inventions made by a collaborating
(Page 34)
1 party or employee of a collaborating party under the
2 arrangement; and
3 "(D) to the extent consistent with any applicable
4 agency requirements, permit employees or former employees
5 to the laboratory to participate in efforts to
6 commercialize inventions they made while in the service
7 of the United States.
8 "(3) Each agency shall maintain a record of all agreements
9 entered into under this section.
10 "(b) DEFINITION .- As used in this section, the term-
11 "(1) 'cooperative research and development agreement'
12 means any agreement between one or more Federal
13 laboratories and one or more non-Federal parties
14 under which the government provides personnel, services,
15 facilities, equipment, or other resources (but not
16 funds to non-Federal parties) and the non-Federal parties
17 provide funds, personnel, services, facilities, equipment,
18 or other resources toward the conduct of specified
19 reserch or development efforts which are consistent
20 with the missions of the agency except that such term
21 does not include a procurement contract or cooperative
22 agreement as those terms are used in sections 6303,
23 6304, and 6305 of title 31, United States Code; and
24 "(2) 'laboratory' means a facility or group of
25 facilities owned, leased, or otherwise used by a federal
(page 35)
1 agency, a substantial purpose of which is the performance
2 of research and development by employees of the
3 Federal Government.".
4 "(c) RELATIONSHIP TO OTHER LAWS .- Nothing in
5 this section is intended to limit or diminish existing authorities
6 of any agency.".
7 REWARDS FOR SCIENTIFIC, ENGINEERING, AND
8 TECHNICAL PERSONNEL OF FEDERAL AGENCIES
9 SEC. 6. The Stevenson-Wydler Technology Innovation
10 Act of 1980, as amended by this Act, is further amended by
11 inserting after section 12 the following:
12 "SEC. 13. REWARDS FOR SCIENTIFIC, ENGINEERING, AND TECHNICAL
13 PERSONNEL OF FEDERAL AGENCIES.
14 "(a) Cash Awards Program.- The head of each
15 Federal agency that is making expenditures at a rate of more
16 than $50,000,000 per fiscal year for research and development
17 in its government-operated laboratories shall use the
18 appropriate statutory authority to develop and implement a
19 cash awards program to reward its scientific, engineering
20 and technical personnel for-
21 "(1) inventions, innovations, or other outstanding
22 scientific or technological contributions of value to the
23 United States due to commercial applications or due to
24 contributions to missions of the Federal agency or the
25 Federal Government; and
(Page 36)
1 "(2) exemplary activities that promote the domes-
2 tic transfer of science and technology developed within
3 the Federal Government and result in utilization of
4 such science and technology by American industry or
5 business, universities, State or local governments, or
6 other non-Federal parties.
7 "(b) PAYMENT OF ROYALTIES .- Any royalties or
8 other income received by an agency from the licensing or assignment
9 of inventions under this section or under section
10 207 of title 35, United States Code, or other authority shall
11 be retained by the agency whose laboratory produced the invention,
12 except that beginning with fiscal year 1988, such
13 royalties or other income shall be subject to appropriations,
14 and shall be disposed of as follows:
15 "(1) At least 15 percent of the royalties or other
16 income received each year by the agency on account of
17 any invention shall be paid to the inventor or coinventors
18 if they were employees of the agency at the time
19 the invention was made. Payments made under this
20 paragraph are in addition to the regular pay of the employee
21 and to any awards made to that employee, and
22 such payments shall not affect the entitlement or limit
23 the amount of the regular pay, annuity, or other
24 awards to which the employee is otherwise entitled or
25 for which the employee is otherwise eligible.
(Page 37)
1 "(2) The balance of any royalties or related
2 income earned during any fiscal year after paying the
3 inventors' portions under paragraph (1) shall be transferred
4 to the agency's Government-operated laboratories
5 with a substantial percentage being returned to the laboratories
6 whose inventions produced the royalties or
7 income. Such royalties or income may be retained by
8 the laboratory up to the limits specified in this paragraph,
9 and used-
10 "(A) for mission-related research and development
11 of the laboratory;
12 "(B) to support development and education
13 programs for employees of the laboratory;
14 "(C) to reward employees of the laboratory
15 for contributing to the development of new technologies
16 and assisting in the transfer of technology to
17 the private sector, and for inventions of value to
18 the Government that will not produce royalties;
19 "(D) to further scientific exchange to and
20 from the laboratory; and
21 "(E) for payment of patenting costs and fees
22 and other expenses incidental to promoting, administering,
23 and licensing inventions, including
24 the fees or costs for services of other agencies or
(Page 38)
1 other persons or organizations for invention management
2 and licensing services.
3 If the balance for any laboratory after paying the inventors'
4 shares under paragraph (1) exceeds 5 percent
5 of the annual budget of the laboratory, 75 percent of
6 the excess shall be paid to the Treasury of the United
7 States and the remaining 25 percent shall be used for
8 the purposes listed in subparagraphs (A) through (E),
9 by the end of the fiscal year subsequent to the one in
10 which they were received. Any funds not so used or obligated
11 by the end of such fiscal year shall be paid to
12 the Treasury of the United States.
13 "(c) ASSIGNED INVENTIONS .- If the invention was
14 one assigned to the agency either (1) by a contractor, grantee,
15 or the recipient of a cooperative agreement of the agency, or
16 (2) by an employee of the agency that was not working in the
17 laboratory at the time the invention was made, the agency
18 unit that funded or employed or assigned the assignee shall,
19 for purposes of this section, be considered to be a laboratory.
20 "(d) REPORTS .- In making their annual budget submissions,
21 Federal agencies shall submit to the appropriate
22 authorization and appropriations committees of both Houses
23 of the Congress summaries of the amount of royalties or other
24 income received and expenditures made (including inventor
25 awards) under this section.".
(Page 39)
1 EMPLOYEE ACTIVITIES
2 SEC. 7. The Stevenson-Wydler Technology Innovation
3 Act of 1980, as amended by this Act, is further amended by
4 inserting after section 13 the following:
5 "SEC. 14. EMPLOYEE ACTIVITIES.
6 "(a) IN GENERAL .- If a Federal agency which has the
7 right of ownership to an invention under this Act does not
8 intend to file for a patent application or otherwise to promote
9 commercialization of such invention, the agency may allow
10 the inventor, if the inventor is a Government employee or
11 former employee who made the invention during the course of
12 employment with the Government, to retain title to the invention
13 (subject to reservation by the Government of a nonexclusive,
14 nontransferable, irrevocable, paid up license to practice
15 or have practiced the invention throughout the world by or on
16 behalf of the Government). In addition, the agency may condition
17 the inventor's right to title on the timely filing of a
18 patent application in cases when the Government determines
19 that it has or may have a need to practice the invention.
20 "(b) DEFINITION .- For purposes of this section, Federal
21 employees include 'special Government employees' as defined
22 in section 202 of title 18, United States Code.
23 "(c) RELATIONSHIP TO OTHER LAWS .- Nothing in
24 this section is intended to limit or diminish existing authorities
25 of any agency.".
(Page 40)
1 MISCELLANEOUS AND CONFORMING AMENDMENTS
2 SEC. 8. (a) Section 10 of the Stevenson-Wydler Technology
3 Innovation Act of 1980 (15 U.S.C. 3709) is repealed.
4 (b)(1) Section 3(2) of such Act (15 U.S.C. 3702(2)) is
5 amended by striking "centers for industrial technology" and
6 inserting in lieu thereof "cooperative research centers".
7 (2) Section 4 of such Act (15 U.S.C. 3703) is
8 amended
9 (A) by striking "Industrial Technology" in paragraph
10 (1) and inserting in lieu thereof "Productivity,
11 Technology, and Innovation";
12 (B) by striking "Director' means the Director of
13 the Office of Industrial Technology" in paragraph (3)
14 and inserting in lieu thereof "'Assistant Secretary'
15 means the Assistant Secretary for Productivity, Technology,
16 and Innovation";
17 (C) by striking "Centers for Industrial Technology"
18 in paragraph (4) and inserting in lieu thereof
19 "Cooperative Research Centers";
20 (D) by striking paragraph (6), and redesignating
21 paragraphs (7) and (8) as paragraphs (6) and (7), respectively;
22 and
23 (E) by striking "owned and funded" in paragraph
24 (6), as so redesignated, and inserting in lieu
(Page 41)
1 thereof "owned, leased, or otherwise used by a Federal
2 agency and funded".
3 (3) Section 5(a) of such Act (15 U.S.C. 3704(a)) is
4 amended by striking "Industrial Technology" and inserting
5 in lieu thereof "Productivity, Technology, and Innovation".
6 (4) Section 5(b) of such Act (15 U.S.C. 3704(b)) is
7 amended by striking "DIRECTOR" and inserting in lieu
8 thereof "ASSISTANT SECRETARY", and by striking all from
9 "a Director of the Office" and inserting in lieu thereof "an
10 Assistant Secretary for Productivity, Technology, and
11 Innovation.".
12 (5) Section 5(c) of such Act (15 U.S.C. 3704(c)) is
13 amended by striking "the Director" each place it appears and
14 inserting in lieu thereof "the Assistant Secretary".
15 (6) The heading of section 6 of such Act is amended to
16 read as follows:
17 "SEC. 6. COOPERATIVE RESEARCH CENTERS.".
18 (7) Section 6(a) of such Act (15 U.S.C. 3705(a)) is
19 amended by striking "Centers for Industrial Technology"
20 and inserting in lieu thereof "Cooperative Research
21 Centers".
22 (8) Section 6(b)(1) of such Act (15 U.S.C. 3705(b)(1))
23 is amended by striking "basic and applied".
24 (9) Section 6(e) of such Act (15 U.S.C. 3705(e)) is
25 amended to read as follows:
(Page 42)
1 "(e) RESEARCH AND DEVELOPMENT UTILIZATION .-
2 In the promotion of technological innovation and commercialization
3 of research and development efforts by Centers under
4 this section, chapter 18 of title 35, United States Code, shall
5 apply.".
6 (10) Section 6(f) of such Act (15 U.S.C. 3705(f)) is
7 repealed.
8 (11) The heading of section 8 of such Act is amended by
9 striking "CENTERS FOR INDUSTRIAL TECHNOLOGY" and
10 inserting in lieu thereof "COOPERATIVE RESEARCH
11 CENTERS".
12 (12) Section 8(a) of such Act (15 U.S.C. 3707(a)) is
13 amended by striking "Centers for Industrial Technology"
14 and inserting in lieu thereof "Cooperative Research
15 Centers".
16 (c) Section 4 of such Act (15 U.S.C. 3703), as amended
17 by subsection (b)(2) of this section, is further amended by
18 adding at the end thereof the following:
19 "(8) "'Federal agency' means any executive
20 agency as defined in section 105 of title 5, United
21 States Code, and the military departments, as defined
22 in section 102 of such title.
23 "(9) 'Invention' means any invention or discovery
24 which is or may be patentable or otherwise protected
25 under title 35, United States Code, or any novel variety
(Page 43)
1 of plant which is or may be protectable under the
2 Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
3 "(10) 'Made', when used in conjunction with any
4 invention, means the conception or first actual reduction
5 to practice of such invention.".
6 (d)(1) Such Act (as amended by this Act) is further
7 amended by redesignating sections 11 through 18 as sections
8 10 through 17, respectively.
9 (2)(A) Section 5(d) of such Act (15 U.S.C. 3704(d)) is
10 amended by inserting "(as then in effect)" after "Act" the
11 second time it appears.
12 (B) Section 8(a) of such Act (15 U.S.C. 3707(a)) is
13 amended by striking the last sentence.
14 (C) Section 9(d) of such Act (15 U.S.C. 3708(d)) is
15 amended by striking "or 13" and inserting in lieu thereof
16 "10, or 14".
(Page 43)
Calendar No. 662
99TH CONGRESS 2D SESSION H. R. 3773
[Report No. 99-283]
AN ACT
To amend the Stevenson-Wydler Technology Innovation Act of 1980 to promote technology transfer by authorizing Government-operated laboratories to enter into cooperative research agreements and by establishing a Federal Laboratory Consortium for Technology Transfer within the National Science Foundation, and for other purposes.
MAY 21 (legislative day, MAY 19), 1986 Committee discharged; placed on the calendar

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