Chapter 63, Section 3710, Subsection (e) · 15 U.S.C. Chapter 63

Contents

(e)

(1)There is hereby established the Federal Laboratory Consortium for Technology Transfer (hereinafter referred to as the “Consortium”) which, in cooperation with Federal laboratories and the private sector, shall—

(A)develop and (with the consent of the Federal laboratory concerned) administer techniques, training courses, and materials concerning technology transfer to increase the awareness of Federal laboratory employees regarding the commercial potential of laboratory technology and innovations;

(B)furnish advice and assistance requested by Federal agencies and laboratories for use in their technology transfer programs (including the planning of seminars for small business and other industry);

(C)provide a clearinghouse for requests, received at the laboratory level, for technical assistance from States and units of local governments, businesses, industrial development organizations, not-for-profit organizations including universities, Federal agencies and laboratories, and other persons, and—

(i)to the extent that such requests can be responded to with published information available to the National Technical Information Service, refer such requests to that Service, and

(ii)otherwise refer these requests to the appropriate Federal laboratories and agencies;

(D)facilitate communication and coordination between Offices of Research and Technology Applications of Federal laboratories;

(E)utilize (with the consent of the agency involved) the expertise and services of the National Science Foundation, the Department of Commerce, the National Aeronautics and Space Administration, and other Federal agencies, as necessary;

(F)with the consent of any Federal laboratory, facilitate the use by such laboratory of appropriate technology transfer mechanisms such as personnel exchanges and computer-based systems;

(G)with the consent of any Federal laboratory, assist such laboratory to establish programs using technical volunteers to provide technical assistance to communities related to such laboratory;

(H)facilitate communication and cooperation between Offices of Research and Technology Applications of Federal laboratories and regional, State, and local technology transfer organizations;

(I)when requested, assist colleges or universities, businesses, nonprofit organizations, State or local governments, or regional organizations to establish programs to stimulate research and to encourage technology transfer in such areas as technology program development, curriculum design, long-term research planning, personnel needs projections, and productivity assessments;

(J)seek advice in each Federal laboratory consortium region from representatives of State and local governments, large and small business, universities, and other appropriate persons on the effectiveness of the program (and any such advice shall be provided at no expense to the Government); and

(K)work with the Director of the National Institute on Disability and Rehabilitation Research to compile a compendium of current and projected Federal Laboratory technologies and projects that have or will have an intended or recognized impact on the available range of assistive technology for individuals with disabilities (as defined in section 3002 of title 29), including technologies and projects that incorporate the principles of universal design (as defined in section 3002 of title 29), as appropriate.

(2)The membership of the Consortium shall consist of the Federal laboratories described in clause (1) of subsection (b) and such other laboratories as may choose to join the Consortium. The representatives to the Consortium shall include a senior staff member of each Federal laboratory which is a member of the Consortium and a senior representative appointed from each Federal agency with one or more member laboratories.

(3)The representatives to the Consortium shall elect a Chairman of the Consortium.

(4)The Director of the National Institute of Standards and Technology shall provide the Consortium, on a reimbursable basis, with administrative services, such as office space, personnel, and support services of the Institute, as requested by the Consortium and approved by such Director.

(5)Each Federal laboratory or agency shall transfer technology directly to users or representatives of users, and shall not transfer technology directly to the Consortium. Each Federal laboratory shall conduct and transfer technology only in accordance with the practices and policies of the Federal agency which owns, leases, or otherwise uses such Federal laboratory.

(6)Not later than one year after October 20, 1986, and every year thereafter, the Chairman of the Consortium shall submit a report to the President, to the appropriate authorization and appropriation committees of both Houses of the Congress, and to each agency with respect to which a transfer of funding is made (for the fiscal year or years involved) under paragraph (7), concerning the activities of the Consortium and the expenditures made by it under this subsection during the year for which the report is made. Such report shall include an annual independent audit of the financial statements of the Consortium, conducted in accordance with generally accepted accounting principles.

(7)

(A)Subject to subparagraph (B), an amount equal to 0.008 percent of the budget of each Federal agency from any Federal source, including related overhead, that is to be utilized by or on behalf of the laboratories of such agency for a fiscal year referred to in subparagraph (B)(ii) shall be transferred by such agency to the National Institute of Standards and Technology at the beginning of the fiscal year involved. Amounts so transferred shall be provided by the Institute to the Consortium for the purpose of carrying out activities of the Consortium under this subsection.

(B)A transfer shall be made by any Federal agency under subparagraph (A), for any fiscal year, only if the amount so transferred by that agency (as determined under such subparagraph) would exceed $10,000.

(C)The heads of Federal agencies and their designees, and the directors of Federal laboratories, may provide such additional support for operations of the Consortium as they deem appropriate.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 54

Show every defined term

agency
means a Federal agency.
appropriate committees of Congress
means—
Centers
means the Cooperative Research Centers established under section 3705 or 3707 of this title.
citizen science
means a form of open collaboration in which individuals or organizations participate voluntarily in the scientific process in various ways, including—
Clearinghouse
means the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation established by section 3704a of this title.
community development financial institution
has the meaning given in section 4702 of title 12.
cooperative extension services
has the meaning given the term in section 3103 of title 7.
cooperative research and development agreement
means any agreement between one or more Federal laboratories and one or more non-Federal parties under which the Government, through its laboratories, provides personnel, services, facilities, equipment, intellectual property, or other resources with or without reimbursement (but not funds to non-Federal parties) and the non-Federal parties provide funds, personnel, services, facilities, equipment, intellectual property, or other resources toward the conduct of specified research or development efforts which are consistent with the missions of the laboratory;
cost
has the meaning given such term under section 661a of title 2.
crowdsourcing
means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community.
digital and wireless networking technology
means computer and communications equipment and software that facilitates the transmission of information in a digital format.
Director
means the Director of the Office of Science and Technology Policy.
eligible area
means either of the following:
eligible institution
means an institution that is—
eligible recipient
means a specified entity that has been authorized in a manner as determined by the Secretary to represent and act on behalf of an eligible area for the purposes of this section.
Federal agency
has the meaning given under section 3703 of this title, except that term shall not include any agency of the legislative branch of the Federal Government.
Federal laboratory
means any laboratory, any federally funded research and development center, or any center established under section 3705 or 3707 of this title that is owned, leased, or otherwise used by a Federal agency and funded by the Federal Government, whether operated by the Government or by a contractor.
head of an agency
means the head of a Federal agency.
innovative process
means a process that is significantly improved as compared to the process in general use in the commercial marketplace in the United States at the time the loan guarantee is issued.
innovative technology
means a technology that is significantly improved as compared to the technology in general use in the commercial marketplace in the United States at the time the loan guarantee is issued.
institution of higher education
has the meaning given the term in section 1001 of title 20.
Invention
means any invention or discovery which is or may be patentable or otherwise protected under title 35 or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
joint work statement
means a proposal prepared for a Federal agency by the director of a Government-owned, contractor-operated laboratory describing the purpose and scope of a proposed cooperative research and development agreement, and assigning rights and responsibilities among the agency, the laboratory, and any other party or parties to the proposed agreement;
laboratory
means— but such term does not include any facility covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the naval nuclear propulsion program;
loan guarantee
has the meaning given such term in section 661a of title 2.
local community
means the area served by a general-purpose unit of local government that is located within, but does not cover the entire area of, a local labor market that does not meet the criteria described in paragraph (1)(A).
local educational agency
has the meaning given the term in section 7801 of title 20.
local labor market
means any of the following areas that contains 1 or more specified entities described in subparagraphs (A) through (D) of paragraph (6) 1:
low population State
means a State without an urbanized area with a population greater than 250,000 as reported in the decennial census.
minority business
includes HUBZone small business concerns (as defined in section 632(p) 1 of this title).
minority depository institution
means an entity that is—
minority individual
means an American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), or Pacific Islander individual.
net revenues
means the excess of revenues and receipts from any source, other than royalties and other income described in section 13(a)(4) 2 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710c(a)(4)), over operating expenses.
Nonprofit institution
means an organization owned and operated exclusively for scientific or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
obligation
means the loan or other debt obligation that is guaranteed under this section.
participant
means any individual or other entity that has volunteered in a crowdsourcing or citizen science project under this section.
partnership intermediary
means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with small business firms, institutions of higher education as defined in section 1141(a) 1 of title 20, or educational institutions within the meaning of section 2194 of title 10, that need or can make demonstrably productive use of technology-related assistance from a Federal laboratory, including State programs receiving funds under cooperative agreements entered into under section 5121(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 278l note).
prime-age employment gap
means the difference (expressed as a percentage) between—
program
means the loan guarantee program established in subsection (a).
recompete plan
means a comprehensive multiyear economic development plan that—
regional innovation initiative
means a geographically-bounded public or nonprofit activity or program to address issues in the local innovation systems in order to—
related entity
means a contractor or subcontractor at any tier, and a supplier, user, customer, cooperating party, grantee, investigator, or detailee.
Secretary
means the Secretary of Commerce.
site connectivity infrastructure
means localized driveways and access roads to a facility as well as hookups to the new facility for drinking water, waste water, broadband, and other basic infrastructure services already present in the area.
small and rural community
means a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 250,000.
Small business firm
means a small business concern as defined in section 632 of this title and implementing regulations of the Administrator of the Small Business Administration.
specified entity
means—
State
means one of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.
State educational agency
has the meaning given the term in section 7801 of title 20.
Supporting agency
means either the Department of Commerce or the National Science Foundation, as appropriate.
Training technology
means computer software and related materials which are developed by a Federal agency to train employees of such agency, including but not limited to software for computer-based instructional systems and for interactive video disc systems.
Tribal land
means any land—
venture development organization
has the meaning given such term in section 3722(a) of this title.1
weapon production facility of the Department of Energy
means a facility under the control or jurisdiction of the Secretary of Energy that is operated for national security purposes and is engaged in the production, maintenance, testing, or dismantlement of a nuclear weapon or its components.