Notes on 15 U.S.C. § 3701 : US Code - Notes

Search Notes on 15 U.S.C. § 3701 : US Code - Notes

(Pub. L. 96-480, Sec. 2, Oct. 21, 1980, 94 Stat. 2311; Pub. L. 99-
502, Sec. 9(f)(1), Oct. 20, 1986, 100 Stat. 1797.)
AMENDMENTS
1986 - Par. (10). Pub. L. 99-502 inserted ", which include
inventions, computer software, and training technologies,".
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-404, Sec. 1, Nov. 1, 2000, 114 Stat. 1742, provided
that: "This Act [enacting section 7261c of Title 42, The Public
Health and Welfare, amending sections 3703, 3704, 3707, 3710,
3710a, 3710c, 3714, and 3715 of this title and sections 200, 202,
207, and 209 of Title 35, Patents, and enacting provisions set out
as notes under this section and section 3710a of this title] may be
cited as the 'Technology Transfer Commercialization Act of 2000'."
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-113, Sec. 1, Mar. 7, 1996, 110 Stat. 775, provided
that: "This Act [amending sections 272, 278, 278e, 278g-2, 3710,
3710a, 3710c, 3710d, 5401, 5402, 5404 to 5406, 5408, 5409, and 5412
of this title and section 210 of Title 35, Patents, repealing
sections 5403 and 5413 of this title, and enacting provisions set
out as notes under this section and sections 272 and 275 of this
title] may be cited as the 'National Technology Transfer and
Advancement Act of 1995'."
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-245, Sec. 1, Feb. 14, 1992, 106 Stat. 7, provided
that: "This Act [enacting sections 1536, 3704b-1, 3704b-2, 3716,
and 3717 of this title and section 6618 of Title 42, The Public
Health and Welfare, amending sections 272, 278d, 278g, 278g-1,
278k, 278n, 1453, 1454, 3703, 3704, 3704b, 3710, 3710a, 3711a,
4603, 4603a, and 4632 of this title and section 6683 of Title 42,
enacting provisions set out as notes under this section, sections
271, 278f, 278n, and 1453 of this title, and section 6611 of Title
42, and amending provisions set out as a note under section 278l of
this title] may be cited as the 'American Technology Preeminence
Act of 1991'."
Pub. L. 102-245, title I, Sec. 101, Feb. 14, 1992, 106 Stat. 7,
provided that: "This title [enacting sections 1536, 3704b-1, and
3704b-2 of this title, amending sections 278d, 278g, 278g-1, 278k,
1453, 1454, 4603, 4603a, and 4632 of this title, enacting
provisions set out as notes under this section and sections 278f
and 1453 of this title, and amending provisions set out as a note
under section 278l of this title] may be cited as the 'Technology
Administration Authorization Act of 1991'."
SHORT TITLE OF 1989 AMENDMENT
Pub. L. 101-189, div. C, title XXXI, Sec. 3131, Nov. 29, 1989,
103 Stat. 1674, provided that: "This part [part C (Secs. 3131-3133)
of title XXXI of div. C of Pub. L. 101-189, amending sections 3710,
3710a, and 3710c of this title and enacting provisions set out as
notes under this section and section 3710a of this title] may be
cited as the 'National Competitiveness Technology Transfer Act of
1989'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-519, title II, Sec. 211, Oct. 24, 1988, 102 Stat.
2594, provided that: "This subtitle [subtitle B (Secs. 211, 212) of
title II of Pub. L. 100-519, enacting section 3704b of this title
and amending section 3710 of this title] may be cited as the
'National Technical Information Act of 1988'."
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100-107, Sec. 1, Aug. 20, 1987, 101 Stat. 724, provided
that: "This Act [enacting section 3711a of this title, amending
section 3708 of this title, and enacting provisions set out as a
note under section 3711a of this title] may be cited as the
'Malcolm Baldrige National Quality Improvement Act of 1987'."
SHORT TITLE OF 1986 AMENDMENTS
Section 1 of Pub. L. 99-502 provided that: "This Act [enacting
sections 3710a to 3710d of this title, amending this section,
sections 3702 to 3705, 3707, 3708, 3710 to 3710d, and 3711 to 3714
of this title, and section 210 of Title 35, Patents, and repealing
section 3709 of this title] may be cited as the 'Federal Technology
Transfer Act of 1986'. "
Pub. L. 99-382, Sec. 1, Aug. 14, 1986, 100 Stat. 811, provided:
"That this Act [amending section 3704 of this title] may be cited
as the 'Japanese Technical Literature Act of 1986'."
SHORT TITLE
Section 1 of Pub. L. 96-480 provided: "That this Act [enacting
this chapter] may be cited as the 'Stevenson-Wydler Technology
Innovation Act of 1980'."
CONGRESSIONAL FINDINGS; 2000 AMENDMENT
Pub. L. 106-404, Sec. 2, Nov. 1, 2000, 114 Stat. 1742, provided
that: "The Congress finds that -
"(1) the importance of linking our unparalleled network of over
700 Federal laboratories and our Nation's universities with
United States industry continues to hold great promise for our
future economic prosperity;
"(2) the enactment of the Bayh-Dole Act [35 U.S.C. 200 et seq.]
in 1980 was a landmark change in United States technology policy,
and its success provides a framework for removing bureaucratic
barriers and for simplifying the granting of licenses for
inventions that are now in the Federal Government's patent
portfolio;
"(3) Congress has demonstrated a commitment over the past 2
decades to fostering technology transfer from our Federal
laboratories and to promoting public/private sector partnerships
to enhance our international competitiveness;
"(4) Federal technology transfer activities have strengthened
the ability of United States industry to compete in the global
marketplace; developed a new paradigm for greater collaboration
among the scientific enterprises that conduct our Nation's
research and development - government, industry, and
universities; and improved the quality of life for the American
people, from medicine to materials;
"(5) the technology transfer process must be made 'industry
friendly' for companies to be willing to invest the significant
time and resources needed to develop new products, processes, and
jobs using federally funded inventions; and
"(6) Federal technology licensing procedures should balance the
public policy needs of adequately protecting the rights of the
public, encouraging companies to develop existing government
inventions, and making the entire system of licensing government
technologies more consistent and simple."
CONGRESSIONAL FINDINGS; 1996 AMENDMENT
Pub. L. 104-113, Sec. 2, Mar. 7, 1996, 110 Stat. 775, provided
that: "The Congress finds the following:
"(1) Bringing technology and industrial innovation to the
marketplace is central to the economic, environmental, and social
well-being of the people of the United States.
"(2) The Federal Government can help United States business to
speed the development of new products and processes by entering
into cooperative research and development agreements which make
available the assistance of Federal laboratories to the private
sector, but the commercialization of technology and industrial
innovation in the United States depends upon actions by business.
"(3) The commercialization of technology and industrial
innovation in the United States will be enhanced if companies, in
return for reasonable compensation to the Federal Government, can
more easily obtain exclusive licenses to inventions which develop
as a result of cooperative research with scientists employed by
Federal laboratories."
DEFINITIONS OF TERMS; 1992 AMENDMENT
Pub. L. 102-245, Sec. 2, Feb. 14, 1992, 106 Stat. 7, provided
that: "As used in this Act [see Short Title of 1992 Amendment note
above] -
"(1) the term 'high-resolution information systems' means
equipment and techniques required to create, store, recover, and
play back high-resolution images and accompanying sound;
"(2) the term 'advanced manufacturing technology' means
numerically-controlled machine tools, robots, automated process
control equipment, computerized flexible manufacturing systems,
associated computer software, and other technology for improving
manufacturing and industrial processes;
"(3) the term 'advanced materials' means a field of research
including the study of composites, ceramics, metals, polymers,
superconducting materials, materials produced through
biotechnology, and materials production technologies, including
coated systems, that provide the potential for significant
advantages over existing materials;
"(4) the term 'Institute' means the National Institute of
Standards and Technology;
"(5) the term 'Secretary' means the Secretary of Commerce; and
"(6) the term 'Under Secretary' means the Under Secretary of
Commerce for Technology."
CONGRESSIONAL STATEMENT OF POLICY; 1992 AMENDMENT
Pub. L. 102-245, title I, Sec. 102, Feb. 14, 1992, 106 Stat. 7,
provided that: "Congress finds that in order to help United States
industries to speed the development of new products and processes
so as to maintain the economic competitiveness of the Nation, it is
necessary to strengthen the programs and activities of the
Department of Commerce's Technology Administration and National
Institute of Standards and Technology."
NATIONAL COMMISSION ON REDUCING CAPITAL COSTS FOR EMERGING
TECHNOLOGY
Pub. L. 102-245, title IV, Sec. 401, Feb. 14, 1992, 106 Stat. 21,
provided that:
"(a) Establishment and Purpose. - There is established a National
Commission on Reducing Capital Costs for Emerging Technology
(hereafter in this section referred to as the 'Commission'), for
the purpose of developing recommendations to increase the
competitiveness of United States industry by encouraging
investments in research, the development of new process and product
technologies, and the production of those technologies.
"(b) Issues. - The function of the Commission shall be to address
the following issues:
"(1) How has the overall cost of capital paid by United States
companies differed during the past decade from that paid by
companies in other industrial economies such as Germany, Japan,
and the United Kingdom?
"(2) To what extent has the cost of capital faced by technology
companies differed from the overall cost of capital in each of
these nations during the same period?
"(3) To what extent do high capital costs in general inhibit
investment in projects with long-term payoffs, such as the
development and commercialization of new technology?
"(4) To what extent does the structure of the financial
services industry in the United States affect the flow of capital
to advanced technology investment, and to what extent do current
practices in the equity markets raise the cost of capital and
inhibit the availability of capital to fund research and
development, purchase advanced manufacturing equipment, and fund
other investments necessary to commercialize advanced technology?
"(5) In what ways do Government regulations influence the cost
of capital in the United States?
"(6) To what extent have national differences in capital costs
facilitated the foreign acquisition of technology-based United
States companies?
"(7) What macroeconomic and other policies would promote
greater investment in advanced manufacturing techniques, in
research and development, and in other activities necessary to
commercialize and produce new technologies?
"(8) What specific policies should the Federal Government
follow in order to reduce the cost of capital for United States
companies to levels that are near parity with those faced by the
Nation's principal trading partners?
"(c) Membership. - (1) The Commission shall be composed of 9
members who are eminent in such fields as advanced technology,
manufacturing, finance, and international economics and who are
appointed as follows:
"(A) 3 individuals appointed by the President, one of whom
shall chair the Commission.
"(B) 3 individuals appointed by the Speaker of the House of
Representatives, 1 of whom shall be appointed upon the
recommendation of the minority leader of the House of
Representatives.
"(C) 3 individuals appointed by the President pro tempore of
the Senate, 2 of whom shall be appointed upon the recommendation
of the majority leader of the Senate and 1 of whom shall be
appointed upon the recommendation of the minority leader of the
Senate.
"(2) Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
"(d) Procedures. - (1) The chairman shall call the first meeting
of the Commission within 90 days after the date of enactment of
this Act [Feb. 14, 1992].
"(2) Recommendations of the Commission shall require the approval
of three-quarters of the members of the Commission.
"(3) The Commission may use such personnel detailed from Federal
agencies as may be necessary to enable it to carry out its duties.
"(4) Members of the Commission, other than full-time employees of
the Federal Government, while attending meetings of the Commission
while away from their homes or regular places of business, shall be
allowed travel expenses in accordance with subchapter I of chapter
57 of title 5, United States Code.
"(e) Reports. - The Commission shall, within 1 year after the
date of enactment of this Act [Feb. 14, 1992], submit to the
President and Congress a report containing legislative and other
recommendations with respect to the issues addressed under
subsection (b).
"(f) Consultation. - The Commission shall consult, as
appropriate, with the Commission on Technology and Procurement
established by section 505 of this Act [set out below].
"(g) Termination. - The Commission shall terminate 6 months after
the submission of its report under subsection (e).
"(h) Authorization of Appropriations. - There are authorized to
be appropriated to carry out this section such sums as may be
necessary for the fiscal years 1992 and 1993."
RESEARCH, DEVELOPMENT, TECHNOLOGY UTILIZATION, AND GOVERNMENT
PROCUREMENT POLICY
Pub. L. 102-245, title V, Sec. 505, Feb. 14, 1992, 106 Stat. 25,
provided that:
"(a) Establishment of Commission. - The Secretary, in
consultation with the Administrator of the Office of Federal
Procurement Policy, shall establish a Commission on Technology and
Procurement (hereafter in this section referred to as the
'Commission'), for the purposes of analyzing the effect of Federal
Government procurement laws, procedures, and policies on the
development of advanced technologies within the United States and
making recommendations on how Federal policy could be changed to
promote further the development of advanced technologies.
"(b) Issues. - The Commission shall address the following issues:
"(1) To what extent, if any, should Federal Government
technology purchase strategies be used to give domestic suppliers
a competitive advantage in new generations of existing
technologies and in initial market penetration for new
technologies?
"(2) Under what conditions can Federal Government purchases of
advanced technology-based products be based on performance
specifications rather than on product specifications? Should
Federal Government procurement first look to the commercial
markets for products that will meet performance specifications
before purchasing a unique product that has to be developed?
"(3) How can the Federal Government procurement laws,
practices, and procedures be used as a strategic tool to foster
the use of emerging technologies?
"(4) How can the Federal Government ensure that its suppliers
adopt the principles embodied in the Malcolm Baldrige National
Quality Award?
"(5) Should Federal Government procurement practices include
cooperative efforts between the supplier and the Federal entity
to develop products so as to be more easily marketed on a
commercial basis? Should a program for the exchange of technical
personnel to foster innovation in product development be part of
such practices?
"(6) To what extent, if any, should Federal Government
documents specify standards that are beneficial to domestic
suppliers, aid the compatibility of advanced technologies, and
speed the commercial acceptance of those technologies, and what
would be the role of the Institute in such an effort?
"(7) Should Federal Government procurement be linked to the
Advanced Technology Program and to technology transfer activities
so that specification development can incorporate the latest
technical advances available?
"(8) To what extent should worldwide, state of the art
technology be required in Federal Government procurement?
"(c) Membership and Procedures. - (1) The Commission shall be
composed of 15 members, 8 of whom shall constitute a quorum.
"(2) The Secretary, the Administrator of the Office of Federal
Procurement Policy, the Director of the Office of Science and
Technology Policy, the Secretary of Defense, and the Administrator
of General Services, or their designees who serve in executive
level positions, shall serve as members of the Commission.
"(3) The Secretary shall appoint as members of the Commission,
from among individuals not employed by the Federal Government -
"(A) 4 members who are eminent in advanced technology
businesses representing manufacturing and services industries,
including at least 1 member representing labor;
"(B) 3 members who are eminent in the fields of technology and
international economic development; and
"(C) with the concurrence of the Administrator of the Office of
Federal Procurement Policy, 3 members who are eminent in the
field of Federal Government procurement.
"(4) The Secretary shall appoint a Commission chairman from among
the members of the Commission. The chairman shall call the first
meeting of the Commission within 90 days after the date of
enactment of this Act [Feb. 14, 1992].
"(5) The Secretary and the Administrator of the Office of Federal
Procurement Policy shall provide such staff as may be required by
the Commission to carry out its responsibilities.
"(6) Members of the Commission, other than full-time employees of
the Federal Government, while attending meetings of the Commission
or otherwise performing duties of the Commission while away from
their homes or regular places of business, shall be allowed travel
expenses in accordance with subchapter I of chapter 57 of title 5,
United States Code.
"(d) Reports. - (1) The Commission shall, within 1 year after the
date of enactment of this Act [Feb. 14, 1992], submit to the
Secretary, the Administrator of the Office of Federal Procurement
Policy, the President, and Congress a report containing preliminary
recommendations with respect to the issues addressed under
subsection (b).
"(2) The Commission shall, within 2 years after the date of
enactment of this Act, submit to the Secretary and Congress a final
report containing final recommendations with respect to the issues
addressed under subsection (b).
"(e) Consultation. - The Commission shall consult, as
appropriate, with the National Commission on Reducing Capital Costs
for Emerging Technology.
"(f) Termination. - The Commission shall terminate 6 months after
the submission of its final report under subsection (d)(2).
"(g) Authorization of Appropriations. - There are authorized to
be appropriated to carry out this section such sums as may be
necessary for the fiscal years 1992, 1993, and 1994."
STUDY OF TESTING AND CERTIFICATION
Pub. L. 102-245, title V, Sec. 508, Feb. 14, 1992, 106 Stat. 29,
provided that:
"(a) Contract With National Research Council. - Within 90 days
after the date of enactment of this Act [Feb. 14, 1992] and within
available appropriations, the Secretary shall enter into a contract
with the National Research Council for a thorough review of
international product testing and certification issues. The
National Research Council will be asked to address the following
issues and make recommendations as appropriate:
"(1) The impact on United States manufacturers, testing and
certification laboratories, certification organizations, and
other affected bodies of the European Community's plans for
testing and certification of regulated and nonregulated products
of non-European origin.
"(2) Ways for United States manufacturers to gain acceptance of
their products in the European Community and in other foreign
countries and regions.
"(3) The feasibility and consequences of having mutual
recognition agreements between testing and certification
organizations in the United States and those of major trading
partners on the accreditation of testing and certification
laboratories and on quality control requirements.
"(4) Information coordination regarding product acceptance and
conformity assessment mechanisms between the United States and
foreign governments.
"(5) The appropriate Federal, State, and private roles in
coordination and oversight of testing, certification,
accreditation, and quality control to support national and
international trade.
"(b) Membership. - In selecting the members of the review panel,
the National Research Council shall consult with and draw from,
among others, laboratory accreditation organizations, Federal and
State government agencies involved in testing and certification,
professional societies, trade associations, small business, and
labor organizations.
"(c) Report. - A report based on the findings and recommendations
of the review panel shall be submitted to the Secretary, the
President, and Congress within 18 months after the Secretary signs
the contract with the National Research Council."
CONGRESSIONAL FINDINGS AND PURPOSES; 1989 AMENDMENT
Pub. L. 101-189, div. C, title XXXI, Sec. 3132, Nov. 29, 1989,
103 Stat. 1674, provided that:
"(a) Findings. - Congress finds that -
"(1) technology advancement is a key component in the growth of
the United States industrial economy, and a strong industrial
base is an essential element of the security of this country;
"(2) there is a need to enhance United States competitiveness
in both domestic and international markets;
"(3) innovation and the rapid application of commercially
valuable technology are assuming a more significant role in near-
term marketplace success;
"(4) the Federal laboratories and other facilities have
outstanding capabilities in a variety of advanced technologies
and skilled scientists, engineers, and technicians who could
contribute substantially to the posture of United States industry
in international competition;
"(5) improved opportunities for cooperative research and
development agreements between contractor-managers of certain
Federal laboratories and the private sector in the United States,
consistent with the program missions at those facilities,
particularly the national security functions involved in atomic
energy defense activities, would contribute to our national well-
being; and
"(6) more effective cooperation between those laboratories and
the private sector in the United States is required to provide
speed and certainty in the technology transfer process.
"(b) Purposes. - The purposes of this part [part C (Secs. 3131-
3133) of title XXXI of div. C of Pub. L. 101-189, see Short Title
of 1989 Amendment note above] are to -
"(1) enhance United States national security by promoting
technology transfer between Government-owned, contractor-operated
laboratories and the private sector in the United States; and
"(2) enhance collaboration between universities, the private
sector, and Government-owned, contractor-operated laboratories in
order to foster the development of technologies in areas of
significant economic potential."
EX. ORD. NO. 13185. TO STRENGTHEN THE FEDERAL GOVERNMENT-UNIVERSITY
RESEARCH PARTNERSHIP
Ex. Ord. No. 13185, Dec. 28, 2000, 66 F.R. 701, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to keep
the Federal Government-University research partnership strong, it
is hereby ordered as follows:
Section 1. Principles of the Government-University Partnership.
The partnership in science and technology that has evolved between
the Federal Government and American universities has yielded
benefits that are vital to each. It continues to prove
exceptionally productive, successfully promoting the discovery of
knowledge, stimulating technological innovation, improving the
quality of life, educating and training the next generation of
scientists and engineers, and contributing to America's economic
prosperity and national security. In order to reaffirm and
strengthen this partnership, this order sets forth the following
guiding and operating principles that are fully described in the
April 1999 National Science and Technology Council report,
"Renewing the Government-University Partnership." These principles
shall provide the framework for the development and analysis of all
future Federal policies, rules, and regulations for the Federal
Government-University research partnership.
(a) The guiding principles that shall govern interactions between
the Federal Government and universities that perform research are:
(1) Research is an investment in the future;
(2) The integration of research and education is vital;
(3) Excellence is promoted when investments are guided by merit
review; and
(4) Research must be conducted with integrity.
(b) The operating principles that shall assist agencies,
universities, individual researchers, and auditing and regulatory
bodies in implementing the guiding principles are:
(1) Agency cost-sharing policies and practices must be
transparent;
(2) Partners should respect the merit review process;
(3) Agencies and universities should manage research in a cost-
efficient manner;
(4) Accountability and accounting are not the same;
(5) The benefits of simplicity in policies and practices should
be weighed against the costs;
(6) Change should be justified by need and the process made
transparent.
(c) Each executive branch department or agency that supports
research at universities shall regularly review its existing
policies and procedures to ensure that they meet the spirit and
intent of the guiding and operating principles stated above.
Sec. 2. Office of Science and Technology (OSTP) Review of the
Government-University Research Partnership. (a) The OSTP, in
conjunction with the National Science and Technology Council, shall
conduct a regular review of the Government-University research
partnership and prepare a report on the status of the partnership.
The OSTP should receive input from all departments or agencies that
have a major impact on the Government-University partnership
through their support of research and education, policy making,
regulatory activities, and research administration. In addition,
OSTP may seek the input of the National Science Board and the
President's Committee of Advisors for Science and Technology, as
well as other stakeholders, such as State and local governments,
industry, the National Academy of Sciences, and the Federal
Demonstration Partnership.
(b) The purpose of the review and the report is to determine the
overall health of the Government-University research partnership,
being mindful of the guiding and operating principles stated above.
The report should include recommendations on how to improve the
Government-University partnership.
(c) The Director of OSTP shall deliver the report to the
President.
Sec. 3. Judicial Review. This order does not create any
enforceable rights against the United States, its agencies, its
officers, or any person.
William J. Clinton.