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Stevenson-Wydler Technology Innovation Act of 1980

Public Law 96-480, October 21, 1980, 96th Congress,
94 Stat. 2311, 15 U.S.C. 3701

An Act

To promote the United States technological innovation for the achievement of national economic, environmental, and social goals, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Stevenson-Wydler Technology Innovation Act of 1980".

SEC. 2. FINDINGS.

The Congress finds and declares that:

(1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States.

(2) Technology and industrial innovation offer an improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets.

(3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened.

(4) Small businesses have performed an important role in advancing industrial and technological innovation.

(5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations.

(6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices.

(7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy.

(8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, including a strong national policy supporting domestic technology transfer and utilization of the science and technology resources of the Federal Government.

(9) It is in the national interest to promote the adaptation of technological innovations to State and local government uses. Technological innovations can improve services, reduce their costs, and increase productivity in State and local governments.

(10)(1) The Federal laboratories and other performers of federally funded research and development frequently provide scientific and technological developments of potential use to State and local governments and private industry. These developments, which include inventions, computer software, and training technologies, should be made accessible to those governments and industry. There is a need to provide means of access and to give adequate personnel and funding support to these means.

(11) The Nation should give fuller recognition to individuals and companies which have made outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental, or social well-being of the United States.

SEC. 3. PURPOSE.

It is the purpose of this Act to improve the economic, environmental, and social well-being of the United States by-

(1) establishing organizations in the executive branch tostudy and stimulate technology;

(2)(2) promoting technology development through the establishment of cooperative research centers;

(3)(3) stimulating improved utilization of federally funded technology developments, including inventions, software, and training technologies, by State and local governments and the private sector;

(4) providing encouragement for the development of technology through the recognition of individuals and companies which have made outstanding contributions in technology; and

(5) encouraging the exchange of scientific and technical personnel among academia, industry, and Federal laboratories.

SEC. 4. DEFINITIONS.

As used in this Act, unless the context otherwise requires, the term-

(1)(4) "office" means the Office of Technology Policy established under section 5 of this Act.

(2) "Secretary" means the Secretary of Commerce.

(3)(5) "Under Secretary" means the Under Secretary of Commerce for Technology appointed under section 5(b)(1).

(4)(6) "Centers" means the Cooperative Research Centers established under section 6 or section 8 of this Act.

(5) "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.

(6)(7) "Federal laboratory" means any laboratory, any federally funded research and development center, or any center established under section 6 or section 8 of this Act 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.

(7)(8) "Supporting agency" means either the Department of Commerce or the National Science Foundation, as appropriate.

(8)(9) "Federal agency" means any executive agency as defined in section 105 of title 5, United States Code, and the military departments as defined in section 102 of such title, as well as any agency of the legislative branch of the Federal Government.

(9)(10) "Invention" means any invention or discovery which is or may be patentable or otherwise protected under title 35, United States Code, 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.).

(10)(11) "Made" when used in conjunction with any invention means the conception or first actual reduction to practice of such invention.

(11)(12) "Small business firm" means a small business concern as defined in section 2 of Public Law 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration.

(12)(13) "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.

(13)(14) "Clearinghouse" means the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation established by section 6.

SEC. 5. COMMERCE AND TECHNOLOGICAL INNOVATION.

(a)(15) ESTABLISHMENT.--There is established in the Department of Commerce a Technology Administration, which shall operate in accordance with the provisions, findings, and purposes of this Act. The Technology Administration shall include-

(1) the National Institute of Standards and Technology;

(2) the National Technical Information Service; and

(3) a policy analysis office, which shall be known as the Office of Technology Policy.

(b)(16) UNDER SECRETARY AND ASSISTANT SECRETARY.--The President shall appoint, by and with the advice and consent of the Senate, to the extent provided for in appropriations Acts--

(1) an Under Secretary of Commerce for Technology, who shall be compensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5, United States Code; and

(2) an Assistant Secretary of Commerce for Technology Policy, who shall serve as policy analyst for the Under Secretary.

(C)(17) DUTIES.--The Secretary, through the Under Secretary, as appropriate, shall--

(1) manage the Technology Administration and supervise its agencies, programs, and activities;

(2) conduct technology policy analyses to improve United States industrial productivity, technology, and innovation, and cooperate with United States industry in the improvement of its productivity, technology, and ability to compete successfully in world markets;

(3) carry out any functions formerly assigned to the Office of Productivity, Technology, and Innovation;

(4) assist in the implementation of the Metric Conversion Act of 1975;

(5) determine the relationships of technological developments and international technology transfers to the output, employment, productivity, and world trade performance of United States and foreign industrial sectors;

(6) determine the influence of economic, labor and other conditions, industrial structure and management, and government policies on technological developments in particular industrial sectors worldwide;

(7) identify technological needs, problems, and opportunities within and across industrial sectors that, if addressed, could make a significant contribution to the economy of the United States;

(8) assess whether the capital, technical and other resources being allocated to domestic industrial sectors which are likely to generate new technologies are adequate to meet private and social demands for goods and services and to promote productivity and economic growth;

(9) propose and support studies and policy experiments, in cooperation with other Federal agencies, to determine the effectiveness of measures with the potential of advancing United States technological innovation;

(10)(18) provide that cooperative efforts to stimulate industrial innovation be undertaken between the Under Secretary and other officials in the Department of Commerce responsible for such areas as trade and economic assistance;

(11)(19) encourage and assist the creation of centers and other joint initiatives by State or local governments, regional organizations, private businesses, institutions of higher education, nonprofit organizations, or Federal laboratories to encourage technology transfer, to stimulate innovation, and to promote an appropriate climate for investment in technology-related industries;

(12)(20) propose and encourage cooperative research involving appropriate Federal entities, State or local governments, regional organizations, colleges or universities, nonprofit organizations, or private industry to promote the common use of resources, to improve training programs and curricula, to stimulate interest in high technology careers, and to encourage the effective dissemination of technology skills within the wider community;

(13)(21) serve as a focal point for discussions among United States companies on topics of interest to industry and labor, including discussions regarding manufacturing and discussions regarding emerging technologies;

(14)(22) consider government measures with the potential of advancing United States technological innovation and exploiting innovations of foreign origin; and

(15)(23) publish the results of studies and policy experiments.

(d)(24) JAPANESE TECHNICAL LITERATURE.--(1) In addition to the duties specified in subsection (c), the Secretary and the Under Secretary shall establish, and through the National Technical Information Service and with the cooperation of such other offices within the Department of Commerce as the Secretary considers appropriate, maintain a program (including an office in Japan) which shall, on a continuing basis--

(A) monitor Japanese technical activities and developments;

(B) consult with businesses, professional societies, and libraries in the United States regarding their needs for information on Japanese developments in technology and engineering;

(C) acquire and translate selected Japanese technical reports and documents that may be of value to agencies and departments of the Federal Government, and to businesses and researchers in the United States; and

(D) coordinate with other agencies and departments of the Federal Government to identify significant gaps and avoid duplication in efforts by the Federal Government to acquire, translate, index, and disseminate Japanese technical information.

Activities undertaken pursuant to subparagraph (C) of this paragraph shall only be performed on a cost-reimbursable basis. Translations referred to in such subparagraph shall be performed only to the extent that they are not otherwise available from sources within the private sector in the United States.

(2) Beginning in 1986, the Secretary shall prepare annual reports regarding important Japanese scientific discoveries and technical innovations in such areas as computers, semiconductors, biotechnology, and robotics and manufacturing. In preparing such reports, the Secretary shall consult with professional societies and businesses in the United States. The Secretary may, to the extent provided in advance by appropriation Acts, contract with private organizations to acquire and translate Japanese scientific and technical information relevant to the preparation of such reports.

(3) The Secretary also shall encourage professional societies and private businesses in the United States to increase their efforts to acquire, screen, translate, and disseminate Japanese technical literature.

(4) In addition, the Secretary shall compile, publish, and disseminate an annual directory which lists--

(A) all programs and services in the United States that collect, abstract, translate, and distribute Japanese scientific and technical information; and

(B) all translations of Japanese technical documents performed by agencies and departments of the Federal Government in the preceding 12 months that are available to the public.

(5) The Secretary shall transmit to the Congress, within 1 year after the date of enactment of the Japanese Technical Literature Act of 1986, a report on the activities of the Federal Government to collect, abstract, translate, and distribute declassified Japanese scientific and technical information.

(e)(25) REPORT.--The Secretary shall prepare and submit to the President and Congress, within 3 years after the date of enactment of this Act, a report on the progress, findings, and conclusion of activities conducted pursuant to sections 5, 6, 8, 11, 12, and 13 of this Act (as then in effect) and recommendations for possible modifications thereof.

SEC. 6.(26) CLEARINGHOUSE FOR STATE AND LOCAL INITIATIVES ON PRODUCTIVITY, TECHNOLOGY, AND INNOVATION.

(a) ESTABLISHMENT.--There is established within the Office of Productivity, Technology, and Innovation a Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation. The Clearinghouse shall serve as a central repository of information on initiatives by State and local governments to enhance the competitiveness of American business through the stimulation of productivity, technology, and innovation and Federal efforts to assist State and local governments to enhance competitiveness.

(b) RESPONSIBILITIES.--The Clearinghouse may--

(1) establish relationships with State and local governments, and regional and multistate organizations of such governments, which carry out such initiatives;

(2) collect information on the nature, extent, and effects of such initiatives, particularly information useful to the Congress, Federal agencies, State and local governments, regional and multistate organizations of such governments, businesses, and the public throughout the United States;

(3) disseminate information collected under paragraph (2) through reports, directories, handbooks, conferences, and seminars;

(4) provide technical assistance and advice to such governments with respect to such initiatives, including assistance in determining sources of assistance from Federal agencies which may be available to support such initiatives;

(5) study ways in which Federal agencies, including Federal laboratories, are able to use their existing policies and programs to assist State and local governments, and regional and multistate organizations of such governments, to enhance the competitiveness of American business;

(6) make periodic recommendations to the Secretary, and to other Federal agencies upon their request, concerning modifications in Federal policies and programs which would improve Federal assistance to State and local technology and business assistance programs;

(7) develop methodologies to evaluate State and local programs, and, when requested, advise State and local governments, and regional and multistate organizations of such governments, as to which programs are most effective in enhancing the competitiveness of American business through the stimulation of productivity, technology, and innovation; and

(8) make use of, and disseminate, the nationwide study of State industrial extension programs conducted by the Secretary.

(c) CONTRACTS.--In carrying out subsection (b), the Secretary may enter into contracts for the purpose of collecting information on the nature, extent, and effects of initiatives.

(d) TRIENNIAL REPORT.--The Secretary shall prepare and transmit to the Congress once each 3 years a report on initiatives by State and local governments to enhance the competitiveness of American businesses through the stimulation of productivity, technology, and innovation. The report shall include recommendations to the President, the Congress, and to Federal agencies on the appropriate Federal role in stimulating State and local efforts in this area. The first of these reports shall be transmitted to the Congress before January 1, 1989.

SEC. 7.(27) COOPERATIVE RESEARCH CENTERS.

(a)(28) ESTABLISHMENT.--The Secretary shall provide assistance for the establishment of Cooperative Research Centers. Such Centers shall be affiliated with any university, or other nonprofit institution, or group thereof, that applies for and is awarded a grant or enters into a cooperative agreement under this section. The objective of the Centers is to enhance technological innovation through--

(1) the participation of individuals from industry and universities in cooperative technological innovation activities;

(2) the development of the generic research base, important for technological advance and innovative activity, in which individual firms have little incentive to invest, but which may have significant economic or strategic importance, such as manufacturing technology;

(3) the education and training of individuals in the technological innovation process;

(4) the improvement of mechanisms for the dissemination of scientific, engineering, and technical information among universities and industry;

(5) the utilization of the capability and expertise, where appropriate, that exists in Federal laboratories; and

(6) the development of continuing financial support from other mission agencies, from State and local government, and from industry and universities through, among other means, fees, licenses, and royalties.

(b) ACTIVITIES.--The activities of the Centers shall include, but need not be limited to--

(1)(29) research supportive of technological and industrial innovation including cooperative industry-university research;

(2) assistance to individuals and small businesses in the generation, evaluation, and development of technological ideas supportive of industrial innovation and new business ventures;

(3) technical assistance and advisory services to industry, particularly small businesses; and

(4) curriculum development, training, and instruction in invention, entrepreneurship, and industrial innovation.

Each Center need not undertake all of the activities under this subsection.

(c) REQUIREMENTS.--Prior to establishing a Center, the Secretary shall find that--

(1) consideration has been given to the potential contribution of the activities proposed under the Center to productivity, employment, and economic competitiveness of the United States;

(2) a high likelihood exists of continuing participation, advice, financial support, and other contributions from the private sector;

(3) the host university or other nonprofit institution has a plan for the management and evaluation of the activities proposed within the particular Center, including:

(A) the agreement between the parties as to the allocation of patent rights on a nonexclusive, partially exclusive, or exclusive license basis to any inventions conceived or made under the auspices of the Center; and

(B) the consideration of means to place the Center, to the maximum extent feasible, on a self-sustaining basis;

(4) suitable consideration has been given to the university's or other nonprofit institution's capabilities and geographical location; and

(5) consideration has been given to any effects upon competition of the activities proposed under the Center.

(d) PLANNING GRANTS.--The Secretary is authorized to make available nonrenewable planning grants to universities or nonprofit institutions for the purpose of developing a plan required under subsection (c)(3).

(e)(30) RESEARCH AND DEVELOPMENT UTILIZATION.--In the promotion of technology from research and development efforts by Centers under this section, chapter 18 of title 35, United States Code, shall apply to the extent not inconsistent with this section.(31)

SEC. 8.(32) GRANTS AND COOPERATIVE AGREEMENTS.

(a) IN GENERAL.--The Secretary may make grants and enter into cooperative agreements according to the provisions of this section in order to assist any activity consistent with this Act, including activities performed by individuals. The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program.

(b)(33) ELIGIBILITY AND PROCEDURE.--Any person or institution may apply to the Secretary for a grant or cooperative agreement available under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Assistant Secretary shall prescribe. The Secretary shall act upon each such application within 90 days after the date on which all required information is received.

(c) TERMS AND CONDITIONS.--

(1) Any grant made, or cooperative agreement entered into, under this section shall be subject to the limitations and provisions set forth in paragraph (2) of this subsection, and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate.

(2) Any person who receives or utilizes any proceeds of any grant made or cooperative agreement entered into under this section shall keep such records as the Secretary shall by regulation prescribe as being necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount, if any, of such costs which was provided through other sources.

SEC.9.(34) NATIONAL SCIENCE FOUNDATION COOPERATIVE RESEARCH CENTERS.

(a)(35) ESTABLISHMENT AND PROVISION.--The National Science Foundation shall provide assistance for the establishment of Cooperative Research Centers. Such Centers shall be affiliated with a university, or other nonprofit institution, or a group thereof. The objective of the Centers is to enhance technological innovation as provided in section 6(a) through the conduct of activities as provided in section 6(b).

(b) PLANNING GRANTS.--The National Science Foundation is authorized to make available nonrenewable planning grants to universities or nonprofit institutions for the purpose of developing the plan, as described under section 6(c)(3).

(c) TERMS AND CONDITIONS.--Grants, contracts, and cooperative agreements entered into by the National Science Foundation in execution of the powers and duties of the National Science Foundation under this Act shall be governed by the National Science Foundation Act of 1950 and other pertinent Acts.

SEC. 10.(36) ADMINISTRATIVE ARRANGEMENTS.

(a) COORDINATION.--The Secretary and the National Science Foundation shall, on a continuing basis, obtain the advice and cooperation of departments and agencies whose missions contribute to or are affected by the programs established under this Act, including the development of an agenda for research and policy experimentation. These departments and agencies shall include but not be limited to the Departments of Defense, Energy, Education, Health and Human Services, Housing and Urban Development, the Environmental Protection Agency, National Aeronautics and Space Administration, Small Business Administration, Council of Economic Advisers, Council on Environmental Quality, and Office of Science and Technology Policy.

(b) COOPERATION.--It is the sense of the Congress that departments and agencies, including the Federal laboratories, whose missions are affected by, or could contribute to, the programs established under this Act, should, within the limits of budgetary authorizations and appropriations, support or participate in activities or projects authorized by this Act.

(c) ADMINISTRATIVE AUTHORIZATION.--

(1) Departments and agencies described in subsection (b) are authorized to participate in, contribute to, and serve as resources for the Centers and for any other activities authorized under this Act.

(2) The Secretary and the National Science Foundation are authorized to receive moneys and to receive other forms of assistance from other departments or agencies to support activities of the Centers and any other activities authorized under this Act.

(d)(37) COOPERATIVE EFFORTS.--The Secretary and the National Science Foundation shall, on a continuing basis, provide each other the opportunity to comment on any proposed program of activity under sections 7, 9, 11, 15, 17, or 20 of this Act before funds are committed to such program in order to mount complementary efforts and avoid duplication.

SEC. 11.(38) UTILIZATION OF FEDERAL TECHNOLOGY.

(a) POLICY.--(1)(39) It is the continuing responsibility of the Federal Government to ensure the full use of the results of the Nation's Federal investment in research and development. To this end the Federal Government shall strive where appropriate to transfer federally owned or originated technology to State and local governments and to the private sector.

(2)(40) Technology transfer, consistent with mission responsibilities, is a responsibility of each laboratory science and engineering professional.

(3)(41) Each laboratory director shall ensure that efforts to transfer technology are considered positively in laboratory job descriptions, employee promotion policies, and evaluation of the job performance of scientists and engineers in the laboratory.

(b)(42) ESTABLISHMENT OF RESEARCH AND TECHNOLOGY APPLICATIONS OFFICES.--Each Federal laboratory shall establish an Office of Research and Technology Applications. Laboratories having existing organizational structures which perform the functions of this section may elect to combine the Office of Research and Technology Applications within the existing organization. The staffing and funding levels for these offices shall be determined between each Federal laboratory and the Federal agency operating or directing the laboratory, except that (1) each laboratory having 200 or more full-time equivalent scientific, engineering, and related technical positions shall provide one or more full-time equivalent positions(43) as staff for its Office of Research and Technology Applications, and (2) each Federal agency which operates or directs one or more Federal laboratories shall make available sufficient funding, either as a separate line item or from the agency's research and development budget, to support the technology transfer function at the agency and at its laboratories, including support of the Offices of Research and Technology Applications. Furthermore, individuals filling positions in an Office of Research and Technology Applications shall be included in the overall laboratory/agency management development program so as to ensure that highly competent technical managers are full participants in the technology transfer process.(44) The agency head shall submit to Congress at the time the President submits the budget to Congress an explanation of the agency's technology transfer program for the preceding year and the agency's plans for conducting its technology transfer function for the upcoming year, including plans for securing intellectual property rights in laboratory innovations with commercial promise and plans for managing such innovations so as to benefit the competitiveness of United States industry.

(c) FUNCTIONS OF RESEARCH AND TECHNOLOGY APPLICATIONS OFFICES.--

It shall be the function of each Office of Research and Technology Applications--

(1)(45) to prepare application assessments for selected research and development projects in which that laboratory is engaged and which in the opinion of the laboratory may have potential commercial applications;

(2) to provide and disseminate information on federally owned or originated products, processes, and services having potential application to State and local governments and to private industry;

(3)(46) to cooperate with and assist the National Technical Information Service, the Federal Laboratory Consortium for Technology Transfer, and other organizations which link the research and development resources of that laboratory and the Federal Government as a whole to potential users in State and local government and private industry;

(4)(47) to provide technical assistance to State and local government officials; and

(5)(48) to participate, where feasible, in regional, State, and local programs designed to facilitate or stimulate the transfer of technology for the benefit of the region, State, or local jurisdiction in which the Federal laboratory is located. Agencies which have established organizational structures outside their Federal laboratories which have as their principal purpose the transfer of federally owned or originated technology to State and local government and to the private sector may elect to perform the functions of this subsection in such organizational structures. No Office of Research and Technology Applications or other organizational structures performing the functions of this subsection shall substantially compete with similar services available in the private sector.

(d)(49) DISSEMINATION OF TECHNICAL INFORMATION.--The National Technical Information Service shall--

(1) serve as a central clearinghouse for the collection, dissemination and transfer of information on federally owned or originated technologies having potential application to State and local governments and to private industry;

(2)(50) utilize the expertise and services of the National Science Foundation and the Federal Laboratory Consortium for Technology Transfer; particularly in dealing with State and local governments;

(3)(51) receive requests for technical assistance from State and local governments, respond to such requests with published information available to the Service, and refer such requests to the Federal Laboratory Consortium for Technology Transfer to the extent that such requests require a response involving more than the published information available to the Service;

(4)(52) provide funding, at the discretion of the Secretary, for Federal laboratories to provide the assistance specified in subsection (c)(3);

(5)(53) use appropriate technology transfer mechanisms such as personnel exchanges and computer-based systems; and

(6)(54) maintain a permanent archival repository and clearinghouse for the collection and dissemination of nonclassified scientific, technical, and engineering information.

(e)(55) ESTABLISHMENT OF FEDERAL LABORATORY CONSORTIUM FOR TECHNOLOGY TRANSFER.--(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; and

(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).

(2)(56) 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)(57) Not later than one year after the date of the enactment of this subsection, 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 statement of the Consortium, conducted in accordance with generally accepted accounting principles.

(7)(58) (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)(59) A transfer shall be made by any Federal agency under subparagraph (A), for any fiscal year, only if--

(i) the amount so transferred by that agency (as determined under such subparagraph) would exceed $10,000; and (ii) such transfer is made with respect to the fiscal year 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, or 1996.

(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.

(f)(60) AGENCY REPORTING.--Each Federal agency which operates or directs one or more Federal laboratories shall report annually to the Congress, as part of the agency's annual budget submission, on the activities(61) performed by that agency and its Federal laboratories pursuant to the provisions of this section.

(g)(62) FUNCTIONS OF THE SECRETARY.--(1) The Secretary, through the Under Secretary, and in consultation with other Federal agencies, may--

(A) make available to interested agencies the expertise of the Department of Commerce regarding the commercial potential of inventions and methods and options for commercialization which are available to the Federal laboratories, including research and development limited partnerships;

(B) develop and disseminate to appropriate agency and laboratory personnel model provisions for use on a voluntary basis in cooperative research and development arrangements; and

(C) furnish advice and assistance, upon request, to Federal agencies concerning their cooperative research and development programs and projects.

(2) Two years after the date of the enactment of this subsection and every two years thereafter, the Secretary shall submit a summary report to the President and the Congress on the use by the agencies and the Secretary of the authorities specified in this Act. Other Federal agencies shall cooperate in the report's preparation.

(3) Not later than one year after the date of the enactment of the Federal Technology Transfer Act of 1986, the Secretary shall submit to the President and the Congress a report regarding--

(A) any copyright provisions or other types of barriers which tend to restrict or limit the transfer of federally funded computer software to the private sector and to State and local governments, and agencies of such State and local governments; and

(B) the feasibility and cost of compiling and maintaining a current and comprehensive inventory of all federally funded training software.

(h)(63) REPEALED.

(i)(64) RESEARCH EQUIPMENT.--The Director of a laboratory, or the head of any Federal agency or department, may give research equipment that is excess to the needs of the laboratory, agency, or department to an educational institution or nonprofit organization for the conduct of technical and scientific education and research activities. Title of ownership shall transfer with a gift under the section.

SEC. 12.(65) COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.

(a)(66) GENERAL AUTHORITY.--Each Federal agency may permit the director of any of its Government-operated Federal laboratories, and to the extent provided in an agency-approved joint work statement, the director of any of its Government-owned, contractor-operated laboratories--

(1) to enter into cooperative research and development agreements on behalf of such agency (subject to subsection (c) of this section) with other Federal agencies; units of State or local government; industrial organizations (including corporations, partnerships, and limited partnerships, and industrial development organizations); public and private foundations; nonprofit organizations (including universities); or other persons (including licensees of inventions owned by the Federal agency); and

(2) to negotiate licensing agreements under section 207 of title 35, United States Code, or under other authorities (in the case of a Government-owned, contractor-operated laboratory, subject to subsection (c) of this section) for inventions made or other intellectual property developed at the laboratory and other inventions or other intellectual property that may be voluntarily assigned to the Government.

(b)(67) ENUMERATED AUTHORITY.--Under agreements entered into pursuant to subsection (a)(1), a Government-operated Federal laboratory, and, to the extent provided in an agency-approved joint work statement, a Government-owned, contractor-operated laboratory, may (subject to subsection (c) of this section)--

(1) accept, retain, and use funds, personnel, services, and property from collaborating parties and provide personnel, services, and property to collaborating parties;

(2) grant or agree to grant in advance, to a collaborating party, patent licenses or assignments, or options thereto, in any invention made in whole or in part by a laboratory employee under the agreement, retaining a nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the Government and such other rights as the Federal laboratory deems appropriate;

(3) waive, subject to reservation by the Government of a nonexclusive, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the Government, in advance, in whole or in part, any right of ownership which the Federal Government may have to any subject invention made under the agreement by a collaborating party or employee of a collaborating party;

(4) determine rights in other intellectual property developed under an agreement entered into under subsection (a)(1); and

(5) to the extent consistent with any applicable agency requirements and standards of conduct, permit employees or former employees of the laboratory to participate in efforts to commercialize inventions they made while in the service of the United States.

A Government-owned, contractor-operated laboratory that enters into a cooperative research and development agreement under subsection (a)(l) may use or obligate royalties or other income accruing to such laboratory under such agreement with respect to any invention only (i) for payments to inventors; (ii) for the purposes described in section 14(a)(1)(B)(i), (ii), and (iv); and (iii) for scientific research and development consistent with the research and development mission and objectives of the laboratory.

(c) CONTRACT CONSIDERATIONS.--(1) A Federal agency may issue regulations on suitable procedures for implementing the provisions of this section; however, implementation of this section shall not be delayed until issuance of such regulations.

(2) The agency in permitting a Federal laboratory to enter into agreements under this section shall be guided by the purposes of this Act.

(3)(A)(68) Any agency using the authority given it under subsection (a) shall review standards of conduct for its employees for resolving potential conflicts of interest to make sure they adequately establish guidelines for situations likely to arise through the use of this authority, including but not limited to cases where present or former employees or their partners negotiate licenses or assignments of titles to inventions or negotiate cooperative research and development agreements with Federal agencies (including the agency with which the employee involved is or was formerly employed).

(B) If, in implementing subparagraph (A), an agency is unable to resolve potential conflicts of interest within its current statutory framework, it shall propose necessary statutory changes to be forwarded to its authorizing committees in Congress.

(4) The laboratory director in deciding what cooperative research and development agreements to enter into shall--

(A) give special consideration to small business firms, and consortia involving small business firms; and

(B) give preference to business units located in the United States which agree that products embodying inventions made under the cooperative research and development agreement or produced through the use of such inventions will be manufactured substantially in the United States and, in the case of any industrial organization or other person subject to the control of a foreign company or government, as appropriate, take into consideration whether or not such foreign government permits United States agencies, organizations, or other persons to enter into cooperative research and development agreements and licensing agreements.

(5)(A)(69) If the head of the agency or his designee desires an opportunity to disapprove or require the modification of any such agreement presented by the director of a Government-operated laboratory, the agreement shall provide a 30-day period within which such action must be taken beginning on the date the agreement is presented to him or her by the head of the laboratory concerned.

(B)(70) In any case in which the head of an agency or his designee disapproves or requires the modification of an agreement presented by the director of a Government-operated laboratory under this section, the head of the agency or such designee shall transmit a written explanation of such disapproval or modification to the head of the laboratory concerned.

(C)(i)(71) Any agency which has contracted with a non-Federal entity to operate a laboratory shall review and approve, request specific modifications to, or disapprove a joint work statement that is submitted by the director of such laboratory within 90 days after such submission. In any case where an agency has requested specific modifications to a joint work statement, the agency shall approve or disapprove any resubmission of such joint work statement within 30 days after such resubmission, or 90 days after the original submission, whichever occurs later. No agreement may be entered into by a Government-owned, contractor-operated laboratory under this section before both approval of the agreement under clause (iv) and approval under this clause of a joint work statement.

(ii) In any case in which an agency which has contracted with a non-Federal entity to operate a laboratory disapproves or requests the modification of a joint work statement submitted under this section, the agency shall promptly transmit a written explanation of such disapproval or modification to the director of the laboratory concerned.

(iii) Any agency which has contracted with a non-Federal entity to operate a laboratory or laboratories shall develop and provide to such laboratory or laboratories one or more model cooperative research and development agreements, for the purposes of standardizing practices and procedures, resolving common legal issues, and enabling review of cooperative research and development agreements to be carried out in a routine and prompt manner.

(iv) An agency which has contracted with a non-Federal entity to operate a laboratory shall review each agreement under this section. Within 30 days after the presentation, by the director of the laboratory, of such agreement, the agency shall, on the basis of such review, approve or request specific modification to such agreement. Such agreement shall not take effect before approval under this clause.

(v) If an agency fails to complete a review under clause (iv) within the 30-day period specified therein, the agency shall submit to the Congress, within 10 days after the end of that 30-day period, a report on the reasons for such failure. The agency shall, at the end of each successive 30-day period thereafter during which such failure continues, submit to the Congress another report on the reasons for the continuing failure. Nothing in this clause relieves the agency of the requirement to complete a review under clause (iv).

(vi) In any case in which an agency which has contracted with a non-Federal entity to operate a laboratory requests the modification of an agreement presented under this section, the agency shall promptly transmit a written explanation of such modification to the director of the laboratory concerned.

(6) Each agency shall maintain a record of all agreements entered into under this section.

(7)(A)(72) No trade secrets or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, which is obtained in the conduct of research or as a result of activities under this Act from a non-Federal party participating in a cooperative research and development agreement shall be disclosed.

(B) The director, or in the case of a contractor-operated laboratory, the agency, for a period of up to 5 years after development of information that results from research and development activities conducted under this Act and that would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from a non-Federal party participating in a cooperative research and development agreement, may provide appropriate protections against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5, United States Code.

(d)(73) DEFINITIONS.--As used in this section--

(1) the term "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; except that such term does not include a procurement contract or cooperative agreement as those terms are used in sections 6303, 6304, and 6305 of title 31, United States Code;

(2) the term "laboratory" means--

(A) a facility or group of facilities owned, leased, or otherwise used by a Federal agency, a substantial purpose of which is the performance of research, development, or engineering by employees of the Federal Government;

(B) a group of Government-owned, contractor-operated facilities under a common contract, when a substantial purpose of the contract is the performance of research and development for the Federal Government; and

(C) a Government-owned, contractor-operated facility that is not under a common contract described in subparagraph (B), and the primary purpose of which is the performance of research and development for the Federal Government, 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; and

(3) the term "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.

(e) DETERMINATION OF LABORATORY MISSIONS.--For purposes of this section, an agency shall make separate determinations of the mission or missions of each of its laboratories.

(f) RELATIONSHIP TO OTHER LAWS.--Nothing in this section is intended to limit or diminish existing authorities of any agency.

(g)(74) PRINCIPLES.--In implementing this section, each agency which has contracted with a non-Federal entity to operate a laboratory shall be guided by the following principles:

(1) The implementation shall advance program missions at the laboratory, including any national security mission.

(2) Classified information and unclassified sensitive information protected by law, regulation, or Executive order shall be appropriately safeguarded.

SEC. 13.(75) REWARDS FOR SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL OF FEDERAL AGENCIES.

The head of each Federal agency that is making expenditures at a rate of more than $50,000,000 per fiscal year for research and development in its Government-operated laboratories shall use the appropriate statutory authority to develop and implement a cash awards program to reward its scientific, engineering, and technical personnel for--

(1)(76) inventions, innovations, computer software, or other outstanding scientific or technological contributions of value to the United States due to commercial application or due to contributions to missions of the Federal agency or the Federal government(77), or

(2) exemplary activities that promote the domestic transfer of science and technology development within the Federal Government and result in utilization of such science and technology by American industry or business, universities, State or local governments, or other non-Federal parties.

SEC. 14.(78) DISTRIBUTION OF ROYALTIES RECEIVED BY FEDERAL AGENCIES.

(a)(79) IN GENERAL.--(1) Except as provided in paragraphs (2) and (4), any royalties or other income received by a Federal agency from the licensing or assignment of inventions under agreements entered into by Government-operated Federal laboratories under section 12, and inventions of Government-operated Federal laboratories licensed under section 207 of title 35, United States Code, or under any other provision of law, shall be retained by the agency whose laboratory produced the invention and shall be disposed of as follows:

(A)(i)(80) The head of the agency or his designee shall pay at least 15 percent of the royalties or other income the agency receives on account of any invention to the inventor (or coinventors) if the inventor (or each such co-inventor) has assigned his or her rights in the invention to the United States. This clause shall take effect on the date of the enactment of this section (October 20, 1986) unless the agency publishes a notice in the Federal Register within 90 days of such date indicating its election to file a Notice of Proposed Rulemaking pursuant to clause ii).

(ii)(81) An agency may promulgate, in accordance with section 553 of title 5, United States Code, regulations providing for an alternative program for sharing royalties with inventors under clause (i).

Such regulations must--

(I) guarantee a fixed minimum payment to each such inventor, each year that the agency receives royalties from that inventor's invention;

(II) provide a percentage royalty share to each such inventor, each year that the agency receives royalties from that inventor's invention in excess of a threshold amount;

(III) provide that total payments to all such inventors shall exceed 15 percent of total agency royalties in any given fiscal year; and

(IV) provide appropriate incentives from royalties for those laboratory employees who contribute substantially to the technical development of a licensed invention between the time of the filing of the patent application and the licensing of the invention.

(iii) An agency that has published its intention to promulgate regulations under clause (ii) may elect not to pay inventors under clause (i) until the expiration of two years after the date of the enactment of this Act (October 20, 1986) or until the date of the promulgation of such regulations, whichever is earlier. If an agency makes such an election and after two years the regulations have not been promulgated, the agency shall make payments (in accordance with clause (i)) of at least 15 percent of the royalties involved, retroactive to the date of the enactment of this Act (October 20, 1986). If promulgation of the regulations occurs within two years after the date of enactment of this Act (October 20, 1986), payments shall be made in accordance with such regulations, retroactive to the date of the enactment of this Act (October 20, 1986). The agency shall retain its royalties until the inventor's portion is paid under either clause (i) or (ii). Such royalties shall not be transferred to the agency's Government-operated laboratories under subparagraph (B) and shall not revert to the Treasury pursuant to paragraph (2) as a result of any delay caused by rulemaking under this subparagraph.

(B) The balance of the royalties or other income shall be transferred by the agency to its Government-operated laboratories, with the majority share of the royalties or other income from any invention going to the laboratory where the invention occurred; and the funds so transferred to any such laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the succeeding fiscal year--

(i) for payment of expenses incidental to the administration and licensing of inventions by that laboratory or by the agency with respect to inventions which occurred at that laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for invention management and licensing services;

(ii) to reward scientific, engineering, and technical employees of that laboratory, including payments to inventors and developers of sensitive or classified technology, regardless of whether the technology has commercial applications;

(iii) to further scientific exchange among the Government-operated laboratories of the agency; or

(iv) for education and training of employees consistent with the research and development mission and objectives of the agency, and for other activities that increase the licensing potential for transfer of the technology of the laboratories of the agency.

Any of such funds not so used or obligated by the end of the fiscal year succeeding the fiscal year in which they are received shall be paid into the Treasury of the United States.

(2) If, after payments to inventors under paragraph (1), the royalties received by an agency in any fiscal year exceed 5 percent of the budget of the Government-operated laboratories of the agency for that year, 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent may be used or obligated for the purposes described in clauses (i) through (iv) of paragraph (l)(B) during that fiscal year or the succeeding fiscal year. Any funds not so used or obligated shall be paid into the Treasury of the United States.

(3) Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which he is otherwise entitled or for which he is otherwise eligible or limit the amount thereof. Any payment made to an inventor as such shall continue after the inventor leaves the laboratory or agency. Payments made under this section shall not exceed $100,000 per year to any one person, unless the President approves a larger award (with the excess over $100,000 being treated as a Presidential award under section 4504 of title 5, United States Code).

(4)(82) A Federal agency receiving royalties or other income as a result of invention management services performed for another Federal agency or laboratory under section 207 of title 35, United States Code, may retain such royalties or income to the extent required to offset the payment of royalties to inventors under clause (i) of paragraph (l)(A), costs and expenses incurred under clause (i) of paragraph (l)(B), and the cost of foreign patenting and maintenance for any invention of the other agency. All royalties and other income remaining after payment of the royalties, costs, and expenses described in the preceding sentence shall be transferred to the agency for which the services were performed, for distribution in accordance with clauses (i) through (iv) of paragraph (l)(B).

(b) CERTAIN ASSIGNMENTS.--If the invention involved was one assigned to the Federal agency--

(1) by a contractor, grantee, or participant in a cooperative agreement with the agency, or

(2) by an employee of the agency who was not working in the laboratory at the time the invention was made, the agency unit that was involved in such assignment shall be considered to be a laboratory for purposes of this section.

(c) REPORTS.--(l) In making their annual budget submissions Federal agencies shall submit, to the appropriate authorization and appropriation committees of both Houses of the Congress, summaries of the amount of royalties or other income received and expenditures made (including inventor awards) under this section.

(2) The Comptroller General, five years after the date of the enactment of this section (October 20, 1986), shall review the effectiveness of the various royalty-sharing programs established under this section and report to the appropriate committees of the House of Representatives and the Senate, in a timely manner, his findings, conclusions, and recommendations for improvements in such programs.

SEC. 15.(83) EMPLOYEE ACTIVITIES.

(a) IN GENERAL.--If a Federal agency which has the right of ownership to an invention under this Act does not intend to file for a patent application or otherwise to promote commercialization of such invention, the agency shall allow the inventor, if the inventor is a Government employee or former employee who made the invention during the course of employment with the Government, to retain title to the invention (subject to reservation by the Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the Government). In addition, the agency may condition the inventor's right to title on the timely filing of a patent application in cases when the Government determines that it has or may have a need to practice the invention.

(b) DEFINITION.--For purposes of this section, Federal employees include "special Government employees" as defined in section 202 of title 18, United States Code.

(c) RELATIONSHIP TO OTHER LAWS.--Nothing in this section is intended to limit or diminish existing authorities of any agency.

SEC. 16.(84) NATIONAL TECHNOLOGY MEDAL.

(a) ESTABLISHMENT.--There is hereby established a National Technology Medal, which shall be of such design and materials and bear such inscriptions as the President, on the basis of recommendations submitted by the Office of Science and Technology Policy, may prescribe.

(b) AWARD.--The President shall periodically award the medal, on the basis of recommendations received from the Secretary or on the basis of such other information and evidence as he deems appropriate, to individuals or companies, which in his judgment are deserving of special recognition by reason of their outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental, or social well-being of the United States.

(c) PRESENTATION.--The presentation of the award shall be made by the President with such ceremonies as he may deem proper.

SEC. 17.(85) MALCOLM BALDRIGE NATIONAL QUALITY AWARD.

(a) ESTABLISHMENT.--There is hereby established the Malcolm Baldrige National Quality Award, which shall be evidenced by a medal bearing the inscriptions "Malcolm Baldrige National Quality Award" and "The Quest for Excellence". The medal shall be of such design and materials and bear such additional inscriptions as the Secretary may prescribe.

(b) MAKING AND PRESENTATION OF AWARD.--(1) The President (on the basis of recommendations received from the Secretary), or the Secretary, shall periodically make the award to companies and other organizations which in the judgment of the President or the Secretary have substantially benefitted the economic or social well-being of the United States through improvements in the quality of their goods or services resulting from the effective practice of quality management, and which as a consequence are deserving of special recognition.

(2) The presentation of the award shall be made by the President or the Secretary with such ceremonies as the President or the Secretary may deem proper.

(3) An organization to which an award is made under this section, and which agrees to help other American organizations improve their quality management, may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another such award in the same category for a period of 5 years.

(c) CATEGORIES IN WHICH AWARD MAY BE GIVEN.--(1) Subject to paragraph (2), separate awards shall be made to qualifying organizations in each of the following categories--

(A) Small businesses.

(B) Companies or their subsidiaries.

(C) Companies which primarily provide services.

(2) The Secretary may at any time expand, subdivide, or otherwise modify the list of categories within which awards may be made as initially in effect under paragraph (1), and may establish separate awards for other organizations including units of government, upon a determination that the objectives of this section would be better served thereby; except that any such expansion, subdivision, modification, or establishment shall not be effective unless and until the Secretary has submitted a detailed description thereof to the Congress and period of 30 days has elapsed since that submission.

(3) Not more than two awards may be made within any subcategory in any year (and no award shall be made within any category or subcategory if there are no qualifying enterprises in that category or subcategory).

(d) CRITERIA FOR QUALIFICATION.--(1) An organization may qualify for an award under this section only if it--

(A) applies to the Director of the National Institute of Standards and Technology in writing, for the award,

(B) permits a rigorous evaluation of the way in which its business and other operations have contributed to improvements in the quality of goods and services, and

(C) meets such requirements and specifications as the Secretary, after receiving recommendations from the Board of Overseers established under paragraph (2)(B) and the Director of the National Institute of Standards and Technology, determines to be appropriate to achieve the objectives of this section.

In applying the provisions of subparagraph (C) with respect to any orqanization, the Director of the National Institute of Standards and Technology shall rely upon an intensive evaluation by a competent board of examiners which shall review the evidence submitted by the organization and, through a site visit, verify the accuracy of the quality improvements claimed. The examination should encompass all aspects of the organization's current practice of quality management, as well as the organization's provision for quality management in its future goals. The award shall be given only to organizations which have made outstanding improvements in the quality of their goods or services (or both) and which demonstrate effective quality management through the training and involvement of all levels of personnel in quality improvement.

(2)(A) The Director of the National Institute of Standards and Technology shall, under appropriate contractual arrangements, carry out the Director's responsibilities under subparagraphs (A) and (B) of paragraph (1) through one or more broad-based nonprofit entities which are leaders in the field of quality management and which have a history of service to society.

(B) The Secretary shall appoint a board of overseers for the award, consisting of at least five persons selected for their preeminence in the field of quality management. This board shall meet annually to review the work of the contractor or contractors and make such suggestions for the improvement of the award process as they deem necessary. The board shall report the results of the award activities to the Director of the National Institute of Standards and Technology each year, along with its recommendations for improvement of the process.

(e) INFORMATION AND TECHNOLOGY TRANSFER PROGRAM.--The Director of the National Institute of Standards and Technology shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Director shall also provide information about the awards and the successful quality improvement strategies and programs of the award-winning participants to all participants and other appropriate groups.

(f)(86) FUNDING.--The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for the award in amounts and sufficient to provide such additional sums. The Director is authorized to use appropriated funds to carry out responsibilities under this Act.

(g) REPORT.--The Secretary shall prepare and submit to the President and the Congress, within 3 years after the date of the enactment of this section (August 20, 1987), a report on the progress, findings, and conclusions of activities conducted pursuant to this section along with recommendations for possible modifications thereof.

SEC. 18.(87) CONFERENCE ON ADVANCED AUTOMOTIVE TECHNOLOGIES.

Not later than 180 days after the date of the enactment of this section (December 18, 1991), the Secretary of Commerce, through the Under Secretary of Commerce for Technology, in consultation with other appropriate officials, shall convene a conference of domestic motor vehicle manufacturers, parts suppliers, Federal laboratories, and motor vehicle users to explore ways in which cooperatively they can improve the competitiveness of the United States motor vehicle industry by developing new technologies which will enhance the safety and energy savings, and lessen the environmental impact of domestic motor vehicles, and the results of such conference shall be published and then submitted to the President and to the Committees on Science, Space, and Technology and the Public Works and Transportation of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 19. ADVANCED MOTOR VEHICLE RESEARCH AWARD.

(a) ESTABLISHMENT.--There is established a National Award for the Advancement of Motor Vehicle Research and Development. The award shall consist of a medal, and a cash prize if funding is available for the prize under subsection (c). The medal shall be of such design and materials and bear inscriptions as is determined by the Secretary of Transportation.

(b) MAKING AND PRESENTING AWARD.--The Secretary of Transportation shall periodically make and present the award to domestic motor vehicle manufacturers, suppliers, or Federal laboratory personnel who, in the opinion of the Secretary of Transportation, have substantially improved domestic motor vehicle research and development in safety, energy savings, or environmental impact. No person may receive the award more than once every 5 years.

(c) FUNDING FOR AWARD.--The Secretary of Transportation may seek and accept gifts of money from private sources for the purpose of making cash prize awards under this section. Such money may be used only for that purpose, and only such money may be used for that purpose.

SEC. 20.(88) PERSONNEL EXCHANGES.

The Secretary and the National Science Foundation, jointly, shall establish a program to foster the exchange of scientific and technical personnel among academia, industry, and Federal laboratories. Such program shall include both (1) federally supported exchanges and (2) efforts to stimulate exchanges without Federal funding.

SEC. 21.(89) AUTHORIZATION OF APPROPRIATIONS.

(a)(1) There is authorized to be appropriated to the Secretary for the purposes of carrying out sections 5, ll(g), and 16 of this Act not to exceed $3,400,000 for the fiscal year ending September 30, 1988.

(2) Of the amount authorized under paragraph (1) of this subsection, $2,400,000 is authorized only for the Office of Productivity, Technology, and Innovation; $500,000 is authorized only for the purpose of carrying out the requirements of the Japanese technical literature program established under section 5(d) of this Act; and $500,000 is authorized only for the patent licensing activities of the National Technical Information Service.

(b) In addition to the authorization of appropriations provided under subsection 9(a) of this section, there is authorized to be appropriated to the Secretary for the purposes of carrying out section 6 of this Act not to exceed $500,000 for the fiscal year ending September 30, 1988, $1,000,000 for the fiscal year ending September 30, 1989, and $l,5OO,OOO for the fiscal year ending September 30, 1990.

(c) Such sums as may be appropriated under subsections (a) and (b) shall remain available until expended.

(d) To enable the National Science Foundation to carry out its powers and duties under this Act only such sums may be appropriated as the Congress may authorize by law.

SEC. 22.(90) SPENDING AUTHORITY.

No payments shall be made or contracts shall be entered into pursuant to the provisions of this Act (other than sections 11, 12, and 13) except to such extent or in such amounts as are provided in advance in appropriation Acts.

SEC. 23.(91) USE OF PARTNERSHIP INTERMEDIARIES.

(a) AUTHORITY.--Subject to the approval of the Secretary or head of the affected department or agency, the Director of a Federal laboratory, or in the case of a federally funded research and development center that is not a laboratory (as defined in section 12(d)(2)), the Federal employee who is the contract officer, may--

(1) enter into a contract or memorandum of understanding with a partnership intermediary that provides for the partnership intermediary to perform services for the Federal laboratory that increase the likelihood of success in the conduct of cooperative or joint activities of such Federal laboratory with small business firms; and

(2) pay the Federal costs of such contract or memorandum of understanding out of funds available for the support of the technology transfer function pursuant to section ll(b) of this Act.

(b) PARTNERSHIP PROGRESS REPORTS.--The Secretary shall include in each triennial report required under section 6(d) of this Act a discussion and evaluation of the activities carried out pursuant to this section during the period covered by the report.

(c) DEFINITION.--For purposes of this section the term "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 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. 2781 note).


1. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1797, section 9(f)(1), amended the second sentence of section 2(10) by inserting the words ", which include inventions, computer software, and training technologies," immediately after the word "developments".

2. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(b)(1), amended section 3(2) by striking out the words "centers for industrial technology" and inserting in lieu thereof the words "cooperative research centers".

3. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1797, section 9(f)(2), amended section 3(3) by inserting the words ", including inventions, software, and training technologies," immediately after the word "developments".

4. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(b)(2)(A), amended section 4 in paragraph (1) by striking out the words "Industrial Technology" and inserting in lieu thereof the words "Productivity, Technology, and Innovation". The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2594, section 201(d)(1)(A), amended section 4(1) by striking the words "Productivity, Technology, and Innovation" and inserting in lieu thereof the words "Technology Policy".

5. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(b)(2)(B), amended section 4 by striking out the words "'Director' means the Director of the Office of Industrial Technology" and inserting in lieu thereof the words "'Assistant Secretary' means the Assistant Secretary for Productivity, Technology, and Innovation". The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2594, section 201(d)(1)(B), amended section 4(3) in its entirety which read: "(3) 'Assistant Secretary' means the Assistant Secretary for Productivity, Technology, and Innovation, appointed pursuant to section 5 of this Act.".

6. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(b)(2)(C), amended section 4 in paragraph (4) by striking out the words "Centers for Industrial Technology" and inserting in lieu thereof the words "Cooperative Research Centers".

7. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(2)(D), amended section 4 by striking out paragraph (6) which read "'Board' means the National Industrial Technology Board established pursuant to section 10.", and redesignating paragraph (7) as paragraph (6); and in redesignated paragraph (6) by striking out the words "owned and funded" and inserting in lieu thereof the words"owned, leased, or otherwise used by a Federal agency and funded".

8. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(2)(D), amended section 4 by redesignating paragraph (8) as paragraph (7).

9. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(d), amended section 4 by adding at the end thereof new paragraphs (8) through (12). The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 20, section 304, amended section 4(8) by inserting the words ", as well as any agency of the legislative branch of the Federal Government" after the words "of such title".

10. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(d), amended section 4 by adding at the end thereof a new paragraph (9).

11. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(d), amended section 4 by adding at the end thereof a new paragraph (10).

12. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(d), amended section 4 by adding at the end thereof a new paragraph (11).

13. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(d), amended section 4 by adding at the end thereof a new paragraph (12).

14. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1439, section 5122(b), amended section 4 by adding at the end thereof a new paragraph (13).

15. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(b)(3), amended section 5(a) by striking the words "Industrial Technology" and inserting in lieu thereof the words "Productivity, Technology, and Innovation". The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2593, section 201(a), amended section 5(a) in its entirety which read: "(a) IN GENERAL.--The Secretary shall establish and maintain an Office of Productivity, Technology, and Innovation in accordance with the provisions, findings, and purposes of this Act.".

16. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(b)(4), amended section 5(b) by striking out the word "DIRECTOR" and inserting lieu thereof the words "ASSISTANT SECRETARY", and by striking out the words "a Director of the Office, who shall be compensated at the rate provided for level V of the Executive Schedule in section 5316 of title 5, United States Code." and inserting in lieu thereof the words "an Assistant Secretary for Productivity, Technology, and Innovation.". The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2593, section 201(b), amended section 5(b) in its entirety which read: "(b) ASSISTANT SECRETARY.--The President shall appoint, by and with the advice and consent of the Senate, an Assistant Secretary for Productivity, Technology, and Innovation.". The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2593, section 201(b), amended section 5(b) in its entirety which read: "(b) ASSISTANT SECRETARY.--The President shall appoint, by and with the advice and consent of the Senate, an Assistant Secretary for Productivity, Technology, and Innovation.".

17. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(b)(5)(A), amended section 5(c) by striking the words "the Director" each place they appear and inserting in lieu thereof the words "the Assistant Secretary". The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2593, section 201(c)(1) and (2), amended section 5(c) by striking the words "Assistant Secretary, on a continuing basis, shall--" and inserting in lieu thereof the words "Under Secretary, as appropriate, shall--"; inserting new paragraphs (1) through (4); and redesignating paragraphs (1) through (10) as paragraphs (5) through (14), respectively.

18. The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2593, section 201(c)(3), amended section 5(c)(10) by striking the words "Assistant Secretary" and inserting in lieu thereof the words "Under Secretary"; section 201(c)(1), 102 Stat. 2593, amended section 5(c) by redesignating paragraphs (1) through (10) as paragraphs (5) through (14), respectively.

19. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(b)(5)(C), amended section 5(c) by inserting immediately after paragraph (6) new paragraphs (7) and (8). The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2593, section 201(c)(1), amended section 5(c) by redesignating paragraphs (1) through (10) as paragraphs (5) through (14), respectively.

20. The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2593, section 201(c)(1), amended section 5(c) by redesignating paragraphs (1) through (10) as paragraphs (5) through (14), respectively.

21. The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 20, section 306, amended section 5(c) by inserting after paragraph (12) a new paragraph (13).

22. The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 20, section 306, amended section 5(c) by redesignating paragraph (13) as paragraph (14).

23. The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 20, section 306, amended section 5(c) to redesignate section 14 as section 15.

24. The Japanese Technical Literature Act of 1986, Public Law 99-382, August 14, 1986, section 2, 100 Stat. 811, amended section 5 to redesignate subsection (d) as subsection (e) and by inserting a new subsection (d). The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2594, section 201(d)(2), amended section 5(d)(1) by striking out the words "shall establish and, through the National Technical Information Service and", and inserting in lieu thereof the words "and the Under Secretary shall establish, and through the National Technical Information Service and with the cooperation of".

25. The Japanese Technical Literature Act of 1986, Public Law 99-382, August 14, 1986, 100 Stat. 811, section 2(1), redesignated subsection (d) as subsection (e). The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1797, section 9(e)(2)(A), amended subsection (e) by inserting the words "(as then in effect)" after the words "sections 5, 6, 8, 11, 12, and 13 of this Act".

26. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(2), inserted after section 5 a new section 6.

27. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(b)(6), amended section 6 by changing the title by deleting the words "CENTERS FOR INDUSTRIAL TECHNOLOGY" and inserting in lieu thereof the words "COOPERATIVE RESEARCH CENTERS". The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 6 as section 7.

28. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(b)(7), amended section 6(a) by striking out the words "Centers for Industrial Technology" and inserting in lieu thereof the words "Cooperative Research Centers".

29. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(b)(8), amended section 6(b)(1) by striking out the words "basic and applied".

30. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(b)(9), amended section 6(e) by striking the entire subsection which read:

"(e) RESEARCH AND DEVELOPMENT UTILIZATION.--(l) To promote technological innovation and commercialization of research and development efforts, each Center has the option of acquiring title to any invention conceived or made under the auspices of the Center that was supported at least in part by Federal funds: Provided, That-

"(A) the Center reports the invention to the supporting agency together with a list of each country in which the Center elects to file a patent application on the invention;

"(B) said option shall be exercised at the time of disclosure of invention or within such time thereafter as may be provided in the grant or cooperative agreement;

"(C) the Center intends to promote the commercialization of the invention and file a United States patent application;

"(D) royalties be used for compensation of the inventor or for educational or research activities of the Center;

"(E) the Center make periodic reports to the supporting agency, and the supporting agency may treat information contained in such reports as privileged and confidential technical, commercial, and financial information and not subject to disclosures under the Freedom of Information Act; and

"(F) any Federal department or agency shall have the royalty-free right to practice, or have practiced on its behalf, the invention for governmental purposes.

"The supporting agency shall have the right to acquire title to any patent on an invention in any country in which the Center elects not to file a patent application or fails to file within a reasonable time.

"(2) Where a Center has retained title to an invention under paragraph (1) of this subsection the supporting agency shall have the right to require the Center or its license to grant a nonexclusive, partially exclusive, or exclusive license to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, if the supporting agency determines, after public notice and opportunity for hearing, that such action is necessary--

"(A) because the Center or license has not taken and is not expected to take timely and effective action to achieve practical application of the invention;

"(B) to meet health, safety, environmental, or national security needs which are not reasonably satisfied by the contractor or licensed; or

"(C) because the granting of exclusive rights in the invention has tended substantially to lessen competition or to result in undue market concentration in the United States in any line of commerce to which the technology relates.

"(3) Any individual, partnership, corporation, association, institution, or other entity adversely affected by a supporting agency determination made under paragraph (2) of this subsection may, at any time within 60 days after the determination is issued, file a petition to the United States Court of Claims which shall have jurisdiction to determine that matter de novo and to affirm, reverse, or modify as appropriate, the determination of the supporting agency.", and inserting a new subsection (e).

31. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(b)(10), amended section 6 by repealing subsection (f) which read:

"(f) ADDITIONAL CONSIDERATION.-The supporting agency may request the Attorney General's opinion whether the proposed joint research activities of a Center would violate any of the antitrust laws. The Attorney General shall advise the supporting agency of his determination and the reasons for it within 120 days after receipt of such request.".

32. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 7 as section 8.

33. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1433, section 5115(b)(1), amended section 8(b) by striking the word "Director" and inserting in lieu thereof the words "Assistant Secretary".

34. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(b)(11), amended the heading of section 8 by striking out the words "CENTERS FOR INDUSTRIAL TECHNOLOGY" and inserting in lieu thereof the words "COOPERATIVE RESEARCH CENTERS". The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 8 as section 9.

35. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1796, section 9(b)(12), amended section 8(a) by striking out the words "Centers for Industrial Technology" and inserting in lieu thereof the words "Cooperative Research Centers"; section 9(e)(2)(B), 100 Stat. 1797, amended section 8(a) by striking out the last sentence which read: "The provisions of sections 6(e) and 6(f) shall apply to Centers established under this section.".

36. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 9 as section 10.

37. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1797, section 9(e)(2)(C), amended section 9(d) by striking out the words "or 13" and inserting in lieu thereof the words "10, 14, or 16". The Malcolm Baldrige National Quality Improvement Act of 1987, Public Law 100-107, August 20, 1987, 101 Stat. 727, section 3(b), amended section 9(d) by striking the words "or 16" and inserting in lieu thereof the words "16, or 17". The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1439, section 5122(c), amended section 10(d) by striking "6, 8, 10, 14, 16, or 17" and inserting in lieu thereof "7, 9, 11, 15, 17, or 18".

38. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1795, section 9(a), repealed section 10 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3709) which read--"SEC. 10. NATIONAL INDUSTRIAL TECHNOLOGY BOARD.

"(a) ESTABLISHMENT.--There shall be established a committee to be known as the National Industrial Technology Board.

"(b) DUTIES.--The Board shall take such steps as may be necessary to review annually the activities of the Office and advise the Secretary and the Director with respect to--

"(1) the formulation and conduct of activities under section 5 of this title;

"(2) the designation and operation of Centers and their programs under section 6 of this Act including assistance in establishing priorities;

"(3) the preparation of the report required under section 5(d); and

"(4) such other matters as the Secretary or Director refers to the Board, including the establishment of Centers under section 8 of this Act, for review and advice.

"The Director shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties. The National Science Foundation shall make available to the Board such information and assistance as it may reasonably require to carry out its duties.

"(c) MEMBERSHIP, TERMS, AND POWERS.--

"(1) The Board shall consist of 15 voting members who shall be appointed by the Secretary. The Director shall serve as a nonvoting member of the Board. The members of the Board shall be individuals who, by reason of knowledge, experience, or training are especially qualified in one or more of the disciplines and fields dealing with technology, labor, and industrial innovation or who are affected by technological innovation. The majority of the members of the Board shall be individuals from industry and business.

"(2) The term of office of a voting member of the Board shall be 3 years, except that of the original appointees, five shall be appointed for a term of 1 year, five shall be appointed for a term of 2 years, and five shall be appointed for a term of 3 years.

"(3) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be appointed as a voting member after serving more than two full terms as such a member.

"(4) The Board shall select a voting member to serve as the Chairperson and another voting member to serve as the Chairperson. The Vice Chairperson shall perform the functions of the Chairperson in the absence or incapacity of the Chairperson.

"(5) Voting members of the Board may receive compensation at a daily rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, when actually engaged in the performance of duties for such Board, and may be reimbursed for actual and reasonable expenses incurred in the performance of such duties.";

and section 9(e)(1) redesignated section 11 as section 10. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 10 as section 11.

39. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1789, section 4(a)(1), amended section ll(a) by inserting "(1)" after the word "POLICY".

40. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1789, section 4(a)(2), amended section 11 by adding a new subsection (2).

41. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1789, section 4(a)(2), amended section 11 by adding a new subsection (3).

42. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(b)(1)(C), amended section ll(b) in the next to last sentence by striking the words "requirements set forth in (1) and/or (2) of this subsection" and inserting in lieu thereof the words "requirement set forth in clause (2) of the preceding sentence"; section 4(b)(1)(D), 100 Stat. 1790, amended section ll(b) in the last sentence by striking the words "either requirement (1) or (2)" and inserting in lieu thereof the words "such requirement". The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1679, section 3133(e), amended section ll(b) by striking the words "after September 30, 1981"; by striking the words "not less than 0.5 of the agency's research and development budget" and inserting in lieu thereof the words "sufficient funding, either as a separate line item or from the agency's research and development budget,"; by striking the words "The agency head may waive the requirement set forth in clause (2) of the preceding sentence. If the agency head waives such requirement, the" and inserting in lieu thereof the word "The"; and by striking the words "reasons for the waiver and alternate plans for conducting the technology transfer function at the agency." and inserting in lieu thereof the words "agency's technology transfer program for the preceding year and the agency's plans for conducting its technology transfer function for the upcoming year, including plans for securing intellectual property rights in laboratory innovations with commercial promise and plans for managing such innovations as to benefit the competitiveness of United States industry.".

43. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(b)(1)(A), amended section ll(b) in clause (l) by striking the words "a total annual budget exceeding $20,000,000 shall provide at least one professional individual full-time" and inserting the words "200 or more full-time equivalent scientific, engineering, and related technical positions shall provide one or more full-time equivalent positions".

44. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(b)(1)(B), amended section ll(b) by inserting immediately before the next to last sentence the words "Furthermore, individuals filling positions in an Office of Research and Technology Applications shall be included in the overall laboratory/agency management development program so as to ensure that highly competent technical managers are full participants in the technology transfer process.".

45. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(b)(2)(A), amended section ll(c) by striking paragraph (1) which read "(1) to prepare an application assessment of each research and development project in which that laboratory is engaged which has potential for successful application in State or local governments and to private industry." and inserting in lieu thereof a new paragraph (l).

46. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(2)(B), amended section ll(c)(3) by striking the words "the Center for the Utilization of Federal Technology" and inserting in lieu thereof the words "the National Technical Information Service, the Federal Laboratory Consortium for Technology Transfer," and by striking the word "and" after the semicolon.

47. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(2)(C), amended section ll(c) in paragraph (4) by striking the words "in response to requests from State and local government officials." and inserting in lieu thereof the words "to State and local government officials; and".

48. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(2)(D), amended section ll(c) by inserting immediately after paragraph (4) a new paragraph (5).

49. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(c)(1), amended section ll(d) by striking the words "(d) CENTER FOR UTILIZATION OF FEDERAL TECHNOLOGY.--There is hereby established in the Department of Commerce a Center for the Utilization of Federal Technology. The Center for the Utilization of Federal Technology shall--" and inserting in lieu thereof the words "(d) DISSEMINATION OF TECHNICAL INFORMATION.--The National Technical Information Service shall--".

50. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1790, section 4(d)(2), amended section ll(d) by striking paragraph (2) which read "coordinate the activities of the Office of Research and Technology Applications of the Federal laboratories;" by striking the word "existing" in paragraph (3); and by redesignating paragraph (3) as paragraph (2).

51. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1791, section 4(d)(4), amended section ll(d) by striking paragraph (4) which read "(4) receive requests for technical assistance from State and local governments and refer these requests to the appropriate Federal laboratories;" and inserting a new paragraph (3).

52. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1791, section 4(c)(5), amended section ll(d) by redesignating paragraph (5) as paragraph (4), and by striking "(c)(4)" and inserting in lieu thereof "(c)(3)". The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1451, section 5163(c)(3)(A), amended section ll(d)(4) by striking the word "and" at the end of paragraph (4).

53. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1791, section 4(c)(5), amended section ll(d) by redesignating paragraph (6) as paragraph (5). The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1451, section 5163(c)(3)(B), amended section ll(d)(5) by striking the period at the end of paragraph (5) and inserting lieu thereof the word "; and".

54. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1451, section 5163(c)(3)(c), amended section ll(d) by adding at the end thereof a new paragraph (6).

55. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1787, section 3, inserted after subsection (d) and new subsection (e). The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1433, amended section 8(e) by striking, wherever they appear, the words "National Bureau of Standards" and "Bureau" and inserting in lieu thereof the words "National Institute of Standards and Technology" and "Institute", respectively. The American Technology Preeminence Act of 1991 Public Law 102-245, February 14, 1992, 106 Stat. 20, section 301(d), amended section ll(e) by repealing paragraph (8) which read:

"(8)(A) The Consortium shall use 5 percent of the funds provided in paragraph (7)(A) to establish demonstration projects in technology transfer. To carry out such projects, the Consortium may arrange for grants or awards to, or enter into agreements with, nonprofit State, local, or private organizations or entities whose primary purposes are to facilitate cooperative research between the Federal laboratories and organizations not associated with the Federal laboratories, to transfer technology from the Federal laboratories, and to advance State and local economic activity.

"(B) The demonstration projects established under subparagraph (A) shall serve as model programs. Such projects shall be designed to develop programs and mechanisms for technology transfer from the Federal laboratories which may be utilized by the States and which will enhance Federal, state, and local programs for the transfer of technology.

"(C) Application for such grants, awards, or agreements shall be in such form and contain such information as the Consortium or its designee shall specify.

"(D) Any person who receives or utilizes any proceeds of a grant or award made, or agreement entered into, under this paragraph shall keep such records as the Consortium or its designee shall determine are necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition of such proceeds and the total cost of the project in connection with such proceeds were used.".

56. The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 19, section 301(a), amended section ll(e)(2) by inserting the word "senior" after the words "Consortium and a".

57. The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 19, section 301(b), amended section ll(e)(6) by adding at the end the following new language: "Such report shall include an annual independent audit of the financial statement of the Consortium, conducted in accordance with generally accepted accounting principles.".

58. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1450, section 5162(b), amended section ll(e)(7)(A) by striking out the words "0.005 percent of that portion of the research and development budget of each Federal agency that is to be utilized by" and inserting the words "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".

59. The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 20, section 301(c), amended section ll(e)(7)(B)(ii) by striking the words "or 1991" and inserting in lieu thereof "1991, 1992, 1993, 1994, 1995, or 1996".

60. The Federal Technology Transfer Act of 1986, Public Law 99-503, October 20, 1986, 100 Stat. 1787, section 3, redesignated subsection (e) as subsection (f).

61. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1791, section 4(d), amended section ll(f) in the first sentence by striking the words "prepare biennially a report summarizing the activities" and inserting in lieu thereof the words "report annually to the Congress, as part of the agency's annual budget submission, on the activities", and by striking out the second sentence which read: "The report shall be transmitted to the Center for the Utilization of Federal Technology by November 1 of each year in which it is due.".

62. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1791, 15 U.S.C. 3710, section 5, inserted after subsection (f) a new subsection (g). The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2594, section 201(d)(3), amended section ll(g)(1) by inserting the words "through the Under Secretary, and" immediately after the word "Secretary,".

63. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1450, section 5163(c)(1), amended section 11 by inserting at the end thereof a new subsection (h). The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, section 212(a)(4), 102 stat. 2595, repealed subsection (h) which read: "(h) None of the activities or functions of the National Technical Information Service which are not performed by contractors as of September 30, 1987, shall be contracted out or otherwise transferred from the Federal Government unless such transfer is expressly authorized by statute, or unless the value of all work performed under the contract and related contracts in each fiscal year does not exceed $250,000.".

64. The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 20, section 303, amended section 11 by adding at the end thereof a new subsection (i).

65. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat 1785, 15 U.S.C. 3710a, section 2, redesignated section 12 as section 16, and inserted after section 11 a new section 12; section 9(e)(1), 100 Stat. 1797, redesignated section 12 as section 11. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 11 as section 12.

66. The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2597, section 301(1), amended section 12(a)(2) by striking the words "at the laboratory and other inventions" and inserting in lieu thereof the words "or other intellectual property developed at the laboratory and other inventions or other intellectual property"; and by striking the word "and" at the end of paragraph (2). The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1675, section 3133(a)(1), amended section 12(a) by insertlng the words ", and, to the extent provided in an agency-approved joint work statement, the director of any of its Government-owned, contractor-operated laboratories" after the words "Government-operated Federal laboratories"; by striking in paragraph (2) the words "for Government-owned" and inserting in lieu thereof the words "(in the case of a Government-owned, contractor-operated laboratory, subject to subsection (c) of this section) for"; and by striking in paragraph (2) the words "of Federal employees".

67. The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2597, section 301(2)(A), amended section 12(b) by striking the word "and" at the end of paragraphs (2) and (3); by redesignating paragraph (4) as paragraph (5); and by inserting after paragraph (3) a new paragraph (4). The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1675, section 3133(a)(2), amended section 12(b) by inserting the words ", and to the extent provided in an agency approved joint work statement, a Government-owned, contractor-operated laboratory," after the words "Government-operated Federal laboratory"; by striking in paragraph (2) the words "a Federal" and inserting in lieu thereof the words "a laboratory"; and by inserting after paragraph (5) a new paragraph.

68. The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1675, section 3133(a)(3), amended section 12(c)(3)(A) by striking the words "employee standards of conduct" and inserting in lieu thereof the words "standards of conduct for its employees".

69. The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1675, section 3133(a)(4), amended section 12(c)(5)(A) by inserting the words "presented by the director of a Government-operated laboratory" after the words "any such agreement".

70. The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1675, section 3133(a)(5), amended section 12(c)(5)(B) by inserting the words "by the director of a Government-operated laboratory" after the words "an agreement presented".

71. The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1676, section 3133(a)(6), amended section 12(c)(5) by adding a new subparagraph (C).

72. The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1676, section 3133(a)(7), amended section 12(c) by adding a new paragraph (7).

73. The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1677, section 3133(a)(8), amended section 12(d) by striking the word "and" at the end of paragraph (1); by amending paragraph (2) in its entirety which read: "(2) the term 'laboratory' means a facility or group of facilities owned, leased, or otherwise used by a Federal agency, a substantial purpose of which is the performance of research, development, or engineering by employees of the Federal Government."; and by adding at the end thereof a new paragraph (3). The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 20, section 302(a), amended section 12(d)(1) by inserting the words "intellectual property," after the word "equipment," both places it appears.

74. The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Tltle XXXI, Part C), November 29, 1989, 103 Stat. 1677, section 3133(b), amended section 12 by adding at the end thereof a new subsection (g).

75. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 15 U.S.C. 3710b, section 2, 100 Stat. 1785, redesignated section 13 as section 17; section 6, 100 Stat. 1792, inserted a new section 13; section 9(e)(1) redesignated section 13 as section 12. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 12 as section 13.

76. The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2597, section 302, amended section 13(1) by inserting the words "computer software," after the words "inventions, innovations,".

77. So in original, probably should be capitalized.

78. The Federal Technology Transfer Act of 1986, Public law 99-502, October 20, 1986, 100 Stat. 1792, 15 U.S.C. 3710c, section 7, inserted a new section 14; section 9(e)(1), 100 Stat. 1797, redesignated section 14 and section 13. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 13 as section 14.

79. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1797, section 9(e)(3), amended section 13(a)(1) (subsequently redesignated as section 14) by striking out the words "section 12" and inserting in lieu thereof the words "section 11". The National Competitiveness Technology Transfer Act of 1989, Public Law 101-189 (Title XXXI, Part C), November 29, 1989, 103 Stat. 1677, section 3133(c), amended section 14 in subsection (a)(1) by inserting the words "by Government-operated Federal laboratories" after the words "entered into"; by striking "11" and inserting in lieu thereof "12"; in subsection (a)(l)(B)(ii) by inserting the words ", including payments to inventors and developers of sensitive or classified technology, regardless of whether the technology has commercial applications" after the words "that laboratory"; and in subsection (a)(l)(B)(iv) by striking the words "Government-operated".

80. The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2597, section 303(a)(1), amended section 14(a)(1)(A)(i) by striking the words "was an employee of the agency at the time the invention was made" and inserting in lieu thereof the words "has assigned his or her rights in the invention to the United States".

81. The National Institute of Standards and Technology Authorization Act for Fiscal Year 1989, Public Law 100-519, October 24, 1988, 102 Stat. 2597, section 303(a)(2), amended section 14(a)(1)(A)(ii) by striking the words "who were employed by the agency at the time the invention was made and whose names appear on licensed inventions" and inserting in lieu thereof the words "under clause (i)".

82. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1450, section 5162(a), amended the first sentence of section 14(a)(4) by striking the word "shall" and inserting in lieu thereof the word "may", and by striking the words "such invention performed at the request of the other agency or laboratory" and inserting in lieu thereof the words "any invention of the other agency".

83. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1794, section 8, inserted a new section 15; section 9(e)(1), 100 Stat. 1797, redesignated section 15 as section 14.

84. The Federal Technology Transfer Act of 1980, Public Law 99-502, October 20, 1986, 100 Stat. 1785, section 2, redesignated section 12 as section 16; section 9(e)(1), 100 Stat. 1797, redesignated section 16 as section 15. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 15 as section 16.

85. The Malcolm Baldrige National Quality Improvement Act of 1987, Public Law 100-107, August 20, 1987, 101 Stat. 725, section 3(a) inserted after section 15 a new section 16 and conformed section numbers thereafter. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 16 as section 17; section 5115(b)(2), 102 Stat. 1433, amended section 17 by striking, wherever they appear, the words "National Bureau of Standards" and "Bureau" and inserting in lieu thereof the words "National Institute of Standards and Technology" and "Institute", respectively.

86. The American Technology Preeminence Act of 1991, Public Law 102-245, February 14, 1992, 106 Stat. 20, section 305, amended section 17(f) by adding at the end the following language: "The Director is authorized to use appropriated funds to carry out responsibilities under this Act.".

87. The Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102-240, December 18, 1991, 100 Stat. 2184, section 6019, amended the Act by inserting after section 17 new sections 18 and 19, and by redesignating subsequent sections and all references thereto accordingly.

88. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1785, section 2, redesignated section 13 as section 17; section 9(e)(1), 100 stat. 1797, redesignated section 17 as section 16. The Malcolm Baldrige National Quality Improvement Act of 1987, Public Law 100-107, August 20, 1987, 101 Stat. 725, section 3(a), redesignated section 16 as section 17. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 17 as section 18, which was further redesignated as section 20 by the Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102-240, December 18, 1991, 100 Stat. 2184, section 6019.

89. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1785, section 2, redesignated section 14 as section 18; section 9(e)(1), 100 Stat. 1797, redesignated section 18 as section 17. The Malcolm Baldrige National Quality Improvement Act of 1987, Public Law 100-107, August 20, 1987, 101 Stat. 725, section 3(a), redesignated section 17 as section 18. The Omnibus Trade and Competitiveness Act of 1988, Public Law 100-418, August 23, 1988, 102 Stat. 1438, section 5122(a)(1), redesignated section 18 as section 19; section 5152, 102 Stat. 1449, amended section 19 by substituting new language for subsections (a) and (b) which read:

"(a) There is authorized to be appropriated to the Secretary for purposes of carrying out section 6, not to exceed $19,000,000 for the fiscal year ending September 30, 1981, $40,000,000 for the fiscal year ending September 30, 1982, $50,000,000 for the fiscal year ending September 30, 1983, and $60,000,000 for each of the fiscal years ending September 30, 1984 and 1985.

"(b) In addition to authorizations of appropriations under subsection (a), there is authorized to be appropriated to the Secretary for purposes of carrying out the provisions of this Act, not to exceed $5,000,000 for the fiscal year ending September 30, 1982, and $14,000,000 for each of the fiscal years ending September 30, 1983, 1984, and 1985.".

The Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102-240, December 18, 1991, 100 Stat. 2184, section 6019, further redesignated section 19 as section 21.

90. The Federal Technology Transfer Act of 1986, Public Law 99-502, October 20, 1986, 100 Stat. 1785, section 2, redesignated section 15 as section 19; section 9(b)(13), 100 Stat.1796, amended section 19 by striking the words "pursuant to this Act" and inserting in lieu thereof the words "pursuant to the provisions of this Act (other than sections 12, 13, and 14)"; section 9(e)(1), 100 Stat. 1797, redesignated section 19 as section 18; section 9(e)(4), 100 Stat. 1797, amended section 18 by striking the words "sections 12, 13, and 14" and inserting in lieu thereof the words "sections 11, 12, and 13". The Malcolm Baldrige National Quality Improvement Act of 1987, Public Law 100-107, August 20, 1987, 101 Stat. 725, section 3(a), redesignated section 18 as section 19, which was further redesignated as section 21 by the Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102-240, December 18, 1991, 100 Stat. 2184, section 6019.

91. The National Defense Authorization Act for Fiscal Year 1991, Public Law 101-510, November 5, 1990, 104 Stat. 1606, section 827(a), amended the Act by adding at the end thereof a new section 21. The National Defense Authorization Act for Fiscal Years 1992 and 1993, Public Law 102-190, December 5, 1991, 105 Stat. 1448, section 836, amended section 21(a) by inserting after the words "federally funded research and development center" the words "that is not a laboratory (as defined in section 12(d)(2))".