15 U.S.C. § 3701 — Findings

Page 2024 TITLE 15—COMMERCE AND TRADE § 3612 tributions from any person who if sued sepa- rately, would have been liable to make the same payment. (d) Amounts recoverable; defendant’s attorneys’ fees The amounts recoverable under this section may include interest paid, reasonable attorneys’ fees, independent engineer and appraisers’ fees, and court costs. A defendant may recover rea- sonable attorneys’ fees if the court determines that the cause of action filed by the plaintiff is frivolous, malicious, or lacking in substantial merit. (Pub. L. 96–399, title VI, § 612, Oct. 8, 1980, 94 Stat. 1679.) § 3612. Concurrent State and Federal jurisdic- tion; venue; removal of cases The district courts of the United States, the United States courts of any territory, and the United States District Court for the District of Columbia shall have jurisdiction under this chapter and, concurrent with State courts, of actions at law or in equity brought under this chapter without regard to the amount in con- troversy. Any such action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the dis- trict where the sale took place, and process in such cases may be served in other districts of which the defendant is an inhabitant or wher- ever the defendant may be found. No case aris- ing under this chapter and brought in any State court of competent jurisdiction shall be removed to any court of the United States, except where any officer or employee of the United States in his official capacity is a party. (Pub. L. 96–399, title VI, § 613, Oct. 8, 1980, 94 Stat. 1679.) § 3613. Limitation of actions No action shall be maintained to enforce any right or liability created by this chapter unless brought within six years after such cause of ac- tion accrued, except that an action pursuant to section 3608 of this title must be brought within four years after October 8, 1980. (Pub. L. 96–399, title VI, § 614, Oct. 8, 1980, 94 Stat. 1680.) § 3614. Waiver of rights as void Any condition, stipulation, or provision bind- ing any person to waive compliance with any provisions of this chapter shall be void. (Pub. L. 96–399, title VI, § 615, Oct. 8, 1980, 94 Stat. 1680.) § 3615. Nonexclusion of other statutory rights and remedies The rights and remedies provided by this chap- ter shall be in addition to any and all other rights and remedies that may exist under Fed- eral or State law. (Pub. L. 96–399, title VI, § 616, Oct. 8, 1980, 94 Stat. 1680.) § 3616. Separability If any provisions of this chapter or the appli- cation thereof to any person or circumstance is held invalid, the remainder of this chapter shall not be affected thereby. (Pub. L. 96–399, title VI, § 617, Oct. 8, 1980, 94 Stat. 1680.) CHAPTER 63—TECHNOLOGY INNOVATION Sec. 3701. Findings. 3702. Purpose. 3703. Definitions. 3704. Experimental Program to Stimulate Com- petitive Technology. 3704a. Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innova- tion. 3704b. National Technical Information Service. 3704b–1. Recovery of operating costs through fee col- lections. 3704b–2. Transfer of Federal scientific and technical information. 3705. Cooperative Research Centers. 3706. Grants and cooperative agreements. 3707. National Science Foundation Cooperative Re- search Centers. 3708. Administrative arrangements. 3709. Repealed. 3710. Utilization of Federal technology. 3710a. Cooperative research and development agree- ments. 3710b. Rewards for scientific, engineering, and tech- nical personnel of Federal agencies. 3710c. Distribution of royalties received by Federal agencies. 3710d. Employee activities. 3711. National Technology and Innovation Medal. 3711a. Malcolm Baldrige National Quality Award. 3711b. Conference on advanced automotive tech- nologies. 3711c. Advanced motor vehicle research award. 3712. Personnel exchanges. 3713. Authorization of appropriations. 3714. Spending authority. 3715. Use of partnership intermediaries. 3716. Critical industries. 3717. National Quality Council. 3718. President’s Council on Innovation and Com- petitiveness. 3719. Prize competitions. 3720. Office of Innovation and Entrepreneurship. 3721. Federal loan guarantees for innovative tech- nologies in manufacturing. 3722. Regional innovation program. 3722a. Regional Technology and Innovation Hub Program. 3722b. Distressed area Recompete Pilot Program. 3723. STEM apprenticeship programs. 3724. Crowdsourcing and citizen science. § 3701. 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, cre- ation of new industries and employment op- portunities, improved public services and en- hanced competitiveness of United States prod- ucts in world markets. (3) Many new discoveries and advances in science occur in universities and Federal lab- oratories, while the application of this new knowledge to commercial and useful public Page 2025 TITLE 15—COMMERCE AND TRADE § 3701 purposes depends largely upon actions by busi- ness 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 strength- ened. (4) Small businesses have performed an im- portant role in advancing industrial and tech- nological innovation. (5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other in- dustrialized nations. (6) Increased industrial and technological in- novation would reduce trade deficits, stabilize the dollar, increase productivity gains, in- crease 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 devel- opment 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 com- mercial and public purposes. There is a need for such a policy, including a strong national policy supporting domestic technology trans- fer and utilization of the science and tech- nology 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. Techno- logical innovations can improve services, re- duce their costs, and increase productivity in State and local governments. (10) The Federal laboratories and other per- formers of federally funded research and devel- opment frequently provide scientific and tech- nological developments of potential use to State and local governments and private in- dustry. These developments, which include in- ventions, 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 recogni- tion to individuals and companies which have made outstanding contributions to the pro- motion of technology or technological man- power for the improvement of the economic, environmental, or social well-being of the United States. (Pub. L. 96–480, § 2, Oct. 21, 1980, 94 Stat. 2311; Pub. L. 99–502, § 9(f)(1), Oct. 20, 1986, 100 Stat. 1797.) Editorial Notes AMENDMENTS 1986—Par. (10). Pub. L. 99–502 inserted ‘‘, which in- clude inventions, computer software, and training tech- nologies,’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2017 AMENDMENT Pub. L. 114–329, title IV, § 401(a), Jan. 6, 2017, 130 Stat. 3016, provided that: ‘‘This section [enacting section 3724 of this title and amending sections 272, 278, and 3719 of this title] may be cited as the ‘Science Prize Competi- tion Act’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–404, § 1, Nov. 1, 2000, 114 Stat. 1742, pro- vided that: ‘‘This Act [enacting section 7261c of Title 42, The Public Health and Welfare, amending sections 3703, 3704, 3707, 3710, 3710a, 3710c, 3714, and 3715 of this title and sections 200, 202, 207, and 209 of Title 35, Pat- ents, and enacting provisions set out as notes under this section and section 3710a of this title] may be cited as the ‘Technology Transfer Commercialization Act of 2000’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–113, § 1, Mar. 7, 1996, 110 Stat. 775, provided that: ‘‘This Act [amending sections 272, 278, 278e, 278g–2, 3710, 3710a, 3710c, 3710d, 5401, 5402, 5404 to 5406, 5408, 5409, and 5412 of this title and section 210 of Title 35, Patents, repealing sections 5403 and 5413 of this title, and enact- ing provisions set out as notes under this section and sections 272 and 275 of this title] may be cited as the ‘National Technology Transfer and Advancement Act of 1995’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–245, § 1, Feb. 14, 1992, 106 Stat. 7, provided that: ‘‘This Act [enacting sections 1536, 3704b–1, 3704b–2, 3716, and 3717 of this title and section 6618 of Title 42, The Public Health and Welfare, amending sections 272, 278d, 278g, 278g–1, 278k, 278n, 1453, 1454, 3703, 3704, 3704b, 3710, 3710a, 3711a, 4603, 4603a, and 4632 of this title and section 6683 of Title 42, enacting provisions set out as notes under this section, sections 271, 278f, 278n, and 1453 of this title, and section 6611 of Title 42, and amending provisions set out as a note under section 278l of this title] may be cited as the ‘American Tech- nology Preeminence Act of 1991’.’’ Pub. L. 102–245, title I, § 101, Feb. 14, 1992, 106 Stat. 7, provided that: ‘‘This title [enacting sections 1536, 3704b–1, and 3704b–2 of this title, amending sections 278d, 278g, 278g–1, 278k, 1453, 1454, 4603, 4603a, and 4632 of this title, enacting provisions set out as notes under this section and sections 278f and 1453 of this title, and amending provisions set out as a note under section 278l of this title] may be cited as the ‘Technology Ad- ministration Authorization Act of 1991’.’’ SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–189, div. C, title XXXI, § 3131, Nov. 29, 1989, 103 Stat. 1674, provided that: ‘‘This part [part C (§§ 3131–3133) of title XXXI of div. C of Pub. L. 101–189, amending sections 3710, 3710a, and 3710c of this title and enacting provisions set out as notes under this section and section 3710a of this title] may be cited as the ‘Na- tional Competitiveness Technology Transfer Act of 1989’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–519, title II, § 211, Oct. 24, 1988, 102 Stat. 2594, provided that: ‘‘This subtitle [subtitle B (§§ 211, 212) of title II of Pub. L. 100–519, enacting section 3704b of this title and amending section 3710 of this title] may be cited as the ‘National Technical Information Act of 1988’.’’ SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–107, § 1, Aug. 20, 1987, 101 Stat. 724, pro- vided that: ‘‘This Act [enacting section 3711a of this title, amending section 3708 of this title, and enacting provisions set out as a note under section 3711a of this title] may be cited as the ‘Malcolm Baldrige National Quality Improvement Act of 1987’.’’ SHORT TITLE OF 1986 AMENDMENTS Pub. L. 99–502, § 1, Oct. 20, 1986, 100 Stat. 1785, provided that: ‘‘This Act [enacting sections 3710a to 3710d of this Page 2026 TITLE 15—COMMERCE AND TRADE § 3701 title, amending this section, sections 3702 to 3705, 3707, 3708, 3710 to 3710d, and 3711 to 3714 of this title, and sec- tion 210 of Title 35, Patents, and repealing section 3709 of this title] may be cited as the ‘Federal Technology Transfer Act of 1986’. ’’ Pub. L. 99–382, § 1, Aug. 14, 1986, 100 Stat. 811, provided: ‘‘That this Act [amending section 3704 of this title] may be cited as the ‘Japanese Technical Literature Act of 1986’.’’ SHORT TITLE Pub. L. 96–480, § 1, Oct. 21, 1980, 94 Stat. 2311, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Stevenson-Wydler Technology Innovation Act of 1980’.’’ STUDY ON ECONOMIC COMPETITIVENESS AND INNOVATIVE CAPACITY OF UNITED STATES AND DEVELOPMENT OF NATIONAL ECONOMIC COMPETITIVENESS STRATEGY Pub. L. 111–358, title VI, § 604, Jan. 4, 2011, 124 Stat. 4037, as amended by Pub. L. 117–286, § 4(a)(70), Dec. 27, 2022, 136 Stat. 4313, provided that: ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Jan. 4, 2011], the Secretary of Commerce shall complete a comprehen- sive study of the economic competitiveness and inno- vative capacity of the United States. ‘‘(2) MATTERS COVERED.—The study required by paragraph (1) shall include the following: ‘‘(A) An analysis of the United States economy and innovation infrastructure. ‘‘(B) An assessment of the following: ‘‘(i) The current competitive and innovation performance of the United States economy rel- ative to other countries that compete economi- cally with the United States. ‘‘(ii) Economic competitiveness and domestic innovation in the current business climate, in- cluding tax and Federal regulatory policy. ‘‘(iii) The business climate of the United States and those of other countries that compete eco- nomically with the United States. ‘‘(iv) Regional issues that influence the eco- nomic competitiveness and innovation capacity of the United States, including— ‘‘(I) the roles of State and local governments and institutions of higher education; and ‘‘(II) regional factors that contribute posi- tively to innovation. ‘‘(v) The effectiveness of the Federal Govern- ment in supporting and promoting economic com- petitiveness and innovation, including any dupli- cative efforts of, or gaps in coverage between, Federal agencies and departments. ‘‘(vi) Barriers to competitiveness in newly emerging business or technology sectors, factors influencing underperforming economic sectors, unique issues facing small and medium enter- prises, and barriers to the development and evo- lution of start-ups, firms, and industries. ‘‘(vii) The effects of domestic and international trade policy on the competitiveness of the United States and the United States economy. ‘‘(viii) United States export promotion and ex- port finance programs relative to export pro- motion and export finance programs of other countries that compete economically with the United States, including Canada, France, Ger- many, Italy, Japan, Korea, and the United King- dom, with noting of export promotion and export finance programs carried out by such countries that are not analogous to any programs carried out by the United States. ‘‘(ix) The effectiveness of current policies and programs affecting exports, including an assess- ment of Federal trade restrictions and State and Federal export promotion activities. ‘‘(x) The effectiveness of the Federal Govern- ment and Federally funded research and develop- ment centers in supporting and promoting tech- nology commercialization and technology trans- fer. ‘‘(xi) Domestic and international intellectual property policies and practices. ‘‘(xii) Manufacturing capacity, logistics, and supply chain dynamics of major export sectors, including access to a skilled workforce, physical infrastructure, and broadband network infra- structure. ‘‘(xiii) Federal and State policies relating to science, technology, and education and other rel- evant Federal and State policies designed to pro- mote commercial innovation, including immigra- tion policies. ‘‘(C) Development of recommendations on the fol- lowing: ‘‘(i) How the United States should invest in human capital. ‘‘(ii) How the United States should facilitate en- trepreneurship and innovation. ‘‘(iii) How best to develop opportunities for lo- cally and regionally driven innovation by pro- viding Federal support. ‘‘(iv) How best to strengthen the economic in- frastructure and industrial base of the United States. ‘‘(v) How to improve the international competi- tiveness of the United States. ‘‘(3) CONSULTATION.— ‘‘(A) IN GENERAL.—The study required by para- graph (1) shall be conducted in consultation with the National Economic Council of the Office of Pol- icy Development, such Federal agencies as the Sec- retary considers appropriate, and the Innovation Advisory Board established under subparagraph (B). The Secretary shall also establish a process for ob- taining comments from the public. ‘‘(B) INNOVATION ADVISORY BOARD.— ‘‘(i) IN GENERAL.—The Secretary shall establish an Innovation Advisory Board for purposes of ob- taining advice with respect to the conduct of the study required by paragraph (1). ‘‘(ii) COMPOSITION.—The Advisory Board estab- lished under clause (i) shall be comprised of 15 members, appointed by the Secretary— ‘‘(I) who shall represent all major industry sectors; ‘‘(II) a majority of whom should be from pri- vate industry, including large and small firms, representing advanced technology sectors and more traditional sectors that use technology; and ‘‘(III) who may include economic or innova- tion policy experts, State and local government officials active in technology-based economic development, and representatives from higher education. ‘‘(iii) EXEMPTION FROM CHAPTER 10 OF TITLE 5, UNITED STATES CODE.—Chapter 10 of title 5, United States Code, shall not apply to the advisory board established under clause (i). ‘‘(b) STRATEGY.— ‘‘(1) IN GENERAL.—Not later than 1 year after the completion of the study required by subsection (a), the Secretary shall develop, based on the study re- quired by subsection (a)(1), a national 10-year strat- egy to strengthen the innovative and competitive ca- pacity of the Federal Government, State and local governments, United States institutions of higher education, and the private sector of the United States. ‘‘(2) ELEMENTS.—The strategy required by para- graph (1) shall include the following: ‘‘(A) Actions to be taken by individual Federal agencies and departments to improve competitive- ness. ‘‘(B) Proposed legislative actions for consider- ation by Congress. ‘‘(C) Annual goals and milestones for the 10-year period of the strategy. Page 2027 TITLE 15—COMMERCE AND TRADE § 3701 ‘‘(D) A plan for monitoring the progress of the Federal Government with respect to improving con- ditions for innovation and the competitiveness of the United States. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Upon the completion of the strat- egy required by subsection (b), the Secretary of Com- merce shall submit to Congress and the President a report on the study conducted under subsection (a) and the strategy developed under subsection (b). ‘‘(2) ELEMENTS.—The report required by paragraph (1) shall include the following: ‘‘(A) The findings of the Secretary with respect to the study conducted under subsection (a). ‘‘(B) The strategy required by subsection (b).’’ PROMOTING USE OF HIGH-END COMPUTING SIMULATION AND MODELING BY SMALL- AND MEDIUM-SIZED MANU- FACTURERS Pub. L. 111–358, title VI, § 605, Jan. 4, 2011, 124 Stat. 4040, provided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) the utilization of high-end computing simula- tion and modeling by large-scale government con- tractors and Federal research entities has resulted in substantial improvements in the development of ad- vanced manufacturing technologies; and ‘‘(2) such simulation and modeling would also ben- efit small- and medium-sized manufacturers in the United States if such manufacturers were to deploy such simulation and modeling throughout their man- ufacturing chains. ‘‘(b) POLICY.—It is the policy of the United States to take all effective measures practicable to ensure that Federal programs and policies encourage and con- tribute to the use of high-end computing simulation and modeling in the United States manufacturing sec- tor. ‘‘(c) STUDY.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act [Jan. 4, 2011], the Secretary of Commerce, in consultation with the Sec- retary of Energy and the Director of the Office of Science and Technology Policy, shall carry out, through an interagency consulting process, a study of the barriers to the use of high-end computing simula- tion and modeling by small- and medium-sized manu- facturers in the United States. ‘‘(2) FACTORS.—In carrying out the study required by paragraph (1), the Secretary of Commerce, in con- sultation with the Secretary of Energy and the Direc- tor of the Office of Science and Technology Policy, shall consider the following: ‘‘(A) The access of small- and medium-sized man- ufacturers in the United States to high-perform- ance computing facilities and resources. ‘‘(B) The availability of software and other appli- cations tailored to meet the needs of such manufac- turers. ‘‘(C) Whether such manufacturers employ or have access to individuals with appropriate expertise for the use of such facilities and resources. ‘‘(D) Whether such manufacturers have access to training to develop such expertise. ‘‘(E) The availability of tools and other methods to such manufacturers to understand and manage the costs and risks associated with transitioning to the use of such facilities and resources. ‘‘(3) REPORT.—Not later than 270 days after the commencement of the study required by paragraph (1), the Secretary of Commerce shall, in consultation with the Secretary of Energy and the Director of the Office of Science and Technology Policy, submit to Congress a report on such study. Such report shall in- clude such recommendations for such legislative or administrative action as the Secretary of Commerce considers appropriate in light of the study to increase the utilization of high-end computing simulation and modeling by small- and medium-sized manufacturers in the United States. ‘‘(d) AUTHORIZATION OF DEMONSTRATION AND PILOT PROGRAMS.—As part of the study required by sub- section (c)(1), the Secretary of Commerce, the Sec- retary of Energy, and the Director of the Office of Science and Technology Policy may carry out such demonstration or pilot programs as either [the] Sec- retary or the Director considers appropriate to gather experiential data to evaluate the feasibility and advis- ability of a specific program or policy initiative to re- duce barriers to the utilization of high-end computer modeling and simulation by small- and medium-sized manufacturers in the United States.’’ CONGRESSIONAL FINDINGS; 2000 AMENDMENT Pub. L. 106–404, § 2, Nov. 1, 2000, 114 Stat. 1742, pro- vided that: ‘‘The Congress finds that— ‘‘(1) the importance of linking our unparalleled net- work of over 700 Federal laboratories and our Na- tion’s universities with United States industry con- tinues to hold great promise for our future economic prosperity; ‘‘(2) the enactment of the Bayh-Dole Act [35 U.S.C. 200 et seq.] in 1980 was a landmark change in United States technology policy, and its success provides a framework for removing bureaucratic barriers and for simplifying the granting of licenses for inventions that are now in the Federal Government’s patent portfolio; ‘‘(3) Congress has demonstrated a commitment over the past 2 decades to fostering technology transfer from our Federal laboratories and to promoting pub- lic/private sector partnerships to enhance our inter- national competitiveness; ‘‘(4) Federal technology transfer activities have strengthened the ability of United States industry to compete in the global marketplace; developed a new paradigm for greater collaboration among the sci- entific enterprises that conduct our Nation’s research and development—government, industry, and univer- sities; and improved the quality of life for the Amer- ican people, from medicine to materials; ‘‘(5) the technology transfer process must be made ‘industry friendly’ for companies to be willing to in- vest the significant time and resources needed to de- velop new products, processes, and jobs using feder- ally funded inventions; and ‘‘(6) Federal technology licensing procedures should balance the public policy needs of adequately pro- tecting the rights of the public, encouraging compa- nies to develop existing government inventions, and making the entire system of licensing government technologies more consistent and simple.’’ CONGRESSIONAL FINDINGS; 1996 AMENDMENT Pub. L. 104–113, § 2, Mar. 7, 1996, 110 Stat. 775, provided that: ‘‘The Congress finds the following: ‘‘(1) Bringing technology and industrial innovation to the marketplace is central to the economic, envi- ronmental, and social well-being of the people of the United States. ‘‘(2) The Federal Government can help United States business to speed the development of new products and processes by entering into cooperative research and development agreements which make available the assistance of Federal laboratories to the private sector, but the commercialization of tech- nology and industrial innovation in the United States depends upon actions by business. ‘‘(3) The commercialization of technology and in- dustrial innovation in the United States will be en- hanced if companies, in return for reasonable com- pensation to the Federal Government, can more eas- ily obtain exclusive licenses to inventions which de- velop as a result of cooperative research with sci- entists employed by Federal laboratories.’’ DEFINITIONS OF TERMS; 1992 AMENDMENT Pub. L. 102–245, § 2, Feb. 14, 1992, 106 Stat. 7, provided that: ‘‘As used in this Act [see Short Title of 1992 Amendment note above]— Page 2028 TITLE 15—COMMERCE AND TRADE § 3701 ‘‘(1) the term ‘high-resolution information systems’ means equipment and techniques required to create, store, recover, and play back high-resolution images and accompanying sound; ‘‘(2) the term ‘advanced manufacturing technology’ means numerically-controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving manu- facturing and industrial processes; ‘‘(3) the term ‘advanced materials’ means a field of research including the study of composites, ceramics, metals, polymers, superconducting materials, mate- rials produced through biotechnology, and materials production technologies, including coated systems, that provide the potential for significant advantages over existing materials; ‘‘(4) the term ‘Institute’ means the National Insti- tute of Standards and Technology; ‘‘(5) the term ‘Secretary’ means the Secretary of Commerce; and ‘‘(6) the term ‘Under Secretary’ means the Under Secretary of Commerce for Technology.’’ CONGRESSIONAL STATEMENT OF POLICY; 1992 AMENDMENT Pub. L. 102–245, title I, § 102, Feb. 14, 1992, 106 Stat. 7, provided that: ‘‘Congress finds that in order to help United States industries to speed the development of new products and processes so as to maintain the eco- nomic competitiveness of the Nation, it is necessary to strengthen the programs and activities of the Depart- ment of Commerce’s Technology Administration and National Institute of Standards and Technology.’’ NATIONAL COMMISSION ON REDUCING CAPITAL COSTS FOR EMERGING TECHNOLOGY Pub. L. 102–245, title IV, § 401, Feb. 14, 1992, 106 Stat. 21, provided that: ‘‘(a) ESTABLISHMENT AND PURPOSE.—There is estab- lished a National Commission on Reducing Capital Costs for Emerging Technology (hereafter in this sec- tion referred to as the ‘Commission’), for the purpose of developing recommendations to increase the competi- tiveness of United States industry by encouraging in- vestments in research, the development of new process and product technologies, and the production of those technologies. ‘‘(b) ISSUES.—The function of the Commission shall be to address the following issues: ‘‘(1) How has the overall cost of capital paid by United States companies differed during the past dec- ade from that paid by companies in other industrial economies such as Germany, Japan, and the United Kingdom? ‘‘(2) To what extent has the cost of capital faced by technology companies differed from the overall cost of capital in each of these nations during the same period? ‘‘(3) To what extent do high capital costs in general inhibit investment in projects with long-term pay- offs, such as the development and commercialization of new technology? ‘‘(4) To what extent does the structure of the finan- cial services industry in the United States affect the flow of capital to advanced technology investment, and to what extent do current practices in the equity markets raise the cost of capital and inhibit the availability of capital to fund research and develop- ment, purchase advanced manufacturing equipment, and fund other investments necessary to commer- cialize advanced technology? ‘‘(5) In what ways do Government regulations influ- ence the cost of capital in the United States? ‘‘(6) To what extent have national differences in capital costs facilitated the foreign acquisition of technology-based United States companies? ‘‘(7) What macroeconomic and other policies would promote greater investment in advanced manufac- turing techniques, in research and development, and in other activities necessary to commercialize and produce new technologies? ‘‘(8) What specific policies should the Federal Gov- ernment follow in order to reduce the cost of capital for United States companies to levels that are near parity with those faced by the Nation’s principal trading partners? ‘‘(c) MEMBERSHIP.—(1) The Commission shall be com- posed of 9 members who are eminent in such fields as advanced technology, manufacturing, finance, and international economics and who are appointed as fol- lows: ‘‘(A) 3 individuals appointed by the President, one of whom shall chair the Commission. ‘‘(B) 3 individuals appointed by the Speaker of the House of Representatives, 1 of whom shall be ap- pointed upon the recommendation of the minority leader of the House of Representatives. ‘‘(C) 3 individuals appointed by the President pro tempore of the Senate, 2 of whom shall be appointed upon the recommendation of the majority leader of the Senate and 1 of whom shall be appointed upon the recommendation of the minority leader of the Sen- ate. ‘‘(2) Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ‘‘(d) PROCEDURES.—(1) The chairman shall call the first meeting of the Commission within 90 days after the date of enactment of this Act [Feb. 14, 1992]. ‘‘(2) Recommendations of the Commission shall re- quire the approval of three-quarters of the members of the Commission. ‘‘(3) The Commission may use such personnel detailed from Federal agencies as may be necessary to enable it to carry out its duties. ‘‘(4) Members of the Commission, other than full-time employees of the Federal Government, while attending meetings of the Commission while away from their homes or regular places of business, shall be allowed travel expenses in accordance with subchapter I of chapter 57 of title 5, United States Code. ‘‘(e) REPORTS.—The Commission shall, within 1 year after the date of enactment of this Act [Feb. 14, 1992], submit to the President and Congress a report con- taining legislative and other recommendations with re- spect to the issues addressed under subsection (b). ‘‘(f) CONSULTATION.—The Commission shall consult, as appropriate, with the Commission on Technology and Procurement established by section 505 of this Act [set out below]. ‘‘(g) TERMINATION.—The Commission shall terminate 6 months after the submission of its report under sub- section (e). ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for the fiscal years 1992 and 1993.’’ RESEARCH, DEVELOPMENT, TECHNOLOGY UTILIZATION, AND GOVERNMENT PROCUREMENT POLICY Pub. L. 102–245, title V, § 505, Feb. 14, 1992, 106 Stat. 25, provided that: ‘‘(a) ESTABLISHMENT OF COMMISSION.—The Secretary, in consultation with the Administrator of the Office of Federal Procurement Policy, shall establish a Commis- sion on Technology and Procurement (hereafter in this section referred to as the ‘Commission’), for the pur- poses of analyzing the effect of Federal Government procurement laws, procedures, and policies on the de- velopment of advanced technologies within the United States and making recommendations on how Federal policy could be changed to promote further the devel- opment of advanced technologies. ‘‘(b) ISSUES.—The Commission shall address the fol- lowing issues: ‘‘(1) To what extent, if any, should Federal Govern- ment technology purchase strategies be used to give Page 2029 TITLE 15—COMMERCE AND TRADE § 3701 domestic suppliers a competitive advantage in new generations of existing technologies and in initial market penetration for new technologies? ‘‘(2) Under what conditions can Federal Govern- ment purchases of advanced technology-based prod- ucts be based on performance specifications rather than on product specifications? Should Federal Gov- ernment procurement first look to the commercial markets for products that will meet performance specifications before purchasing a unique product that has to be developed? ‘‘(3) How can the Federal Government procurement laws, practices, and procedures be used as a strategic tool to foster the use of emerging technologies? ‘‘(4) How can the Federal Government ensure that its suppliers adopt the principles embodied in the Malcolm Baldrige National Quality Award? ‘‘(5) Should Federal Government procurement prac- tices include cooperative efforts between the supplier and the Federal entity to develop products so as to be more easily marketed on a commercial basis? Should a program for the exchange of technical personnel to foster innovation in product development be part of such practices? ‘‘(6) To what extent, if any, should Federal Govern- ment documents specify standards that are beneficial to domestic suppliers, aid the compatibility of ad- vanced technologies, and speed the commercial ac- ceptance of those technologies, and what would be the role of the Institute in such an effort? ‘‘(7) Should Federal Government procurement be linked to the Advanced Technology Program and to technology transfer activities so that specification development can incorporate the latest technical ad- vances available? ‘‘(8) To what extent should worldwide, state of the art technology be required in Federal Government procurement? ‘‘(c) MEMBERSHIP AND PROCEDURES.—(1) The Commis- sion shall be composed of 15 members, 8 of whom shall constitute a quorum. ‘‘(2) The Secretary, the Administrator of the Office of Federal Procurement Policy, the Director of the Office of Science and Technology Policy, the Secretary of De- fense, and the Administrator of General Services, or their designees who serve in executive level positions, shall serve as members of the Commission. ‘‘(3) The Secretary shall appoint as members of the Commission, from among individuals not employed by the Federal Government— ‘‘(A) 4 members who are eminent in advanced tech- nology businesses representing manufacturing and services industries, including at least 1 member rep- resenting labor; ‘‘(B) 3 members who are eminent in the fields of technology and international economic development; and ‘‘(C) with the concurrence of the Administrator of the Office of Federal Procurement Policy, 3 members who are eminent in the field of Federal Government procurement. ‘‘(4) The Secretary shall appoint a Commission chair- man from among the members of the Commission. The chairman shall call the first meeting of the Commis- sion within 90 days after the date of enactment of this Act [Feb. 14, 1992]. ‘‘(5) The Secretary and the Administrator of the Of- fice of Federal Procurement Policy shall provide such staff as may be required by the Commission to carry out its responsibilities. ‘‘(6) Members of the Commission, other than full-time employees of the Federal Government, while attending meetings of the Commission or otherwise performing duties of the Commission while away from their homes or regular places of business, shall be allowed travel ex- penses in accordance with subchapter I of chapter 57 of title 5, United States Code. ‘‘(d) REPORTS.—(1) The Commission shall, within 1 year after the date of enactment of this Act [Feb. 14, 1992], submit to the Secretary, the Administrator of the Office of Federal Procurement Policy, the President, and Congress a report containing preliminary rec- ommendations with respect to the issues addressed under subsection (b). ‘‘(2) The Commission shall, within 2 years after the date of enactment of this Act, submit to the Secretary and Congress a final report containing final rec- ommendations with respect to the issues addressed under subsection (b). ‘‘(e) CONSULTATION.—The Commission shall consult, as appropriate, with the National Commission on Re- ducing Capital Costs for Emerging Technology. ‘‘(f) TERMINATION.—The Commission shall terminate 6 months after the submission of its final report under subsection (d)(2). ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for the fiscal years 1992, 1993, and 1994.’’ STUDY OF TESTING AND CERTIFICATION Pub. L. 102–245, title V, § 508, Feb. 14, 1992, 106 Stat. 29, provided that: ‘‘(a) CONTRACT WITH NATIONAL RESEARCH COUNCIL.— Within 90 days after the date of enactment of this Act [Feb. 14, 1992] and within available appropriations, the Secretary shall enter into a contract with the National Research Council for a thorough review of inter- national product testing and certification issues. The National Research Council will be asked to address the following issues and make recommendations as appro- priate: ‘‘(1) The impact on United States manufacturers, testing and certification laboratories, certification organizations, and other affected bodies of the Euro- pean Community’s plans for testing and certification of regulated and nonregulated products of non-Euro- pean origin. ‘‘(2) Ways for United States manufacturers to gain acceptance of their products in the European Com- munity and in other foreign countries and regions. ‘‘(3) The feasibility and consequences of having mu- tual recognition agreements between testing and cer- tification organizations in the United States and those of major trading partners on the accreditation of testing and certification laboratories and on qual- ity control requirements. ‘‘(4) Information coordination regarding product ac- ceptance and conformity assessment mechanisms be- tween the United States and foreign governments. ‘‘(5) The appropriate Federal, State, and private roles in coordination and oversight of testing, certifi- cation, accreditation, and quality control to support national and international trade. ‘‘(b) MEMBERSHIP.—In selecting the members of the review panel, the National Research Council shall con- sult with and draw from, among others, laboratory ac- creditation organizations, Federal and State govern- ment agencies involved in testing and certification, professional societies, trade associations, small busi- ness, and labor organizations. ‘‘(c) REPORT.—A report based on the findings and rec- ommendations of the review panel shall be submitted to the Secretary, the President, and Congress within 18 months after the Secretary signs the contract with the National Research Council.’’ CONGRESSIONAL FINDINGS AND PURPOSES; 1989 AMENDMENT Pub. L. 101–189, div. C, title XXXI, § 3132, Nov. 29, 1989, 103 Stat. 1674, provided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) technology advancement is a key component in the growth of the United States industrial economy, and a strong industrial base is an essential element of the security of this country; ‘‘(2) there is a need to enhance United States com- petitiveness in both domestic and international mar- kets; Page 2030 TITLE 15—COMMERCE AND TRADE § 3702 ‘‘(3) innovation and the rapid application of com- mercially valuable technology are assuming a more significant role in near-term marketplace success; ‘‘(4) the Federal laboratories and other facilities have outstanding capabilities in a variety of ad- vanced technologies and skilled scientists, engineers, and technicians who could contribute substantially to the posture of United States industry in inter- national competition; ‘‘(5) improved opportunities for cooperative re- search and development agreements between con- tractor-managers of certain Federal laboratories and the private sector in the United States, consistent with the program missions at those facilities, par- ticularly the national security functions involved in atomic energy defense activities, would contribute to our national well-being; and ‘‘(6) more effective cooperation between those lab- oratories and the private sector in the United States is required to provide speed and certainty in the tech- nology transfer process. ‘‘(b) PURPOSES.—The purposes of this part [part C (§§ 3131–3133) of title XXXI of div. C of Pub. L. 101–189, see Short Title of 1989 Amendment note above] are to— ‘‘(1) enhance United States national security by promoting technology transfer between Government- owned, contractor-operated laboratories and the pri- vate sector in the United States; and ‘‘(2) enhance collaboration between universities, the private sector, and Government-owned, con- tractor-operated laboratories in order to foster the development of technologies in areas of significant economic potential.’’ Executive Documents EX. ORD. NO. 13185. TO STRENGTHEN THE FEDERAL GOVERNMENT-UNIVERSITY RESEARCH PARTNERSHIP Ex. Ord. No. 13185, Dec. 28, 2000, 66 F.R. 701, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to keep the Federal Government- University research partnership strong, it is hereby or- dered as follows: SECTION 1. Principles of the Government-University Part- nership. The partnership in science and technology that has evolved between the Federal Government and American universities has yielded benefits that are vital to each. It continues to prove exceptionally pro- ductive, successfully promoting the discovery of knowl- edge, stimulating technological innovation, improving the quality of life, educating and training the next gen- eration of scientists and engineers, and contributing to America’s economic prosperity and national security. In order to reaffirm and strengthen this partnership, this order sets forth the following guiding and oper- ating principles that are fully described in the April 1999 National Science and Technology Council report, ‘‘Renewing the Government-University Partnership.’’ These principles shall provide the framework for the development and analysis of all future Federal policies, rules, and regulations for the Federal Government-Uni- versity research partnership. (a) The guiding principles that shall govern inter- actions between the Federal Government and univer- sities that perform research are: (1) Research is an investment in the future; (2) The integration of research and education is vital; (3) Excellence is promoted when investments are guided by merit review; and (4) Research must be conducted with integrity. (b) The operating principles that shall assist agen- cies, universities, individual researchers, and auditing and regulatory bodies in implementing the guiding principles are: (1) Agency cost-sharing policies and practices must be transparent; (2) Partners should respect the merit review process; (3) Agencies and universities should manage research in a cost-efficient manner; (4) Accountability and accounting are not the same; (5) The benefits of simplicity in policies and practices should be weighed against the costs; (6) Change should be justified by need and the process made transparent. (c) Each executive branch department or agency that supports research at universities shall regularly review its existing policies and procedures to ensure that they meet the spirit and intent of the guiding and operating principles stated above. SEC. 2. Office of Science and Technology (OSTP) Review of the Government-University Research Partnership. (a) The OSTP, in conjunction with the National Science and Technology Council, shall conduct a regular review of the Government-University research partnership and prepare a report on the status of the partnership. The OSTP should receive input from all departments or agencies that have a major impact on the Government- University partnership through their support of re- search and education, policy making, regulatory activi- ties, and research administration. In addition, OSTP may seek the input of the National Science Board and the President’s Committee of Advisors for Science and Technology, as well as other stakeholders, such as State and local governments, industry, the National Academy of Sciences, and the Federal Demonstration Partnership. (b) The purpose of the review and the report is to de- termine the overall health of the Government-Univer- sity research partnership, being mindful of the guiding and operating principles stated above. The report should include recommendations on how to improve the Government-University partnership. (c) The Director of OSTP shall deliver the report to the President. SEC. 3. Judicial Review. This order does not create any enforceable rights against the United States, its agen- cies, its officers, or any person. WILLIAM J. CLINTON. § 3702. Purpose It is the purpose of this chapter to improve the economic, environmental, and social well-being of the United States by— (1) establishing organizations in the execu- tive branch to study and stimulate tech- nology; (2) promoting technology development through the establishment of cooperative re- search centers; (3) stimulating improved utilization of feder- ally funded technology developments, includ- ing inventions, software, and training tech- nologies, by State and local governments and the private sector; (4) providing encouragement for the develop- ment 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, in- dustry, and Federal laboratories. (Pub. L. 96–480, § 3, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99–502, § 9(b)(1), (f)(2), Oct. 20, 1986, 100 Stat. 1795, 1797.) Editorial Notes AMENDMENTS 1986—Par. (2). Pub. L. 99–502, § 9(b)(1), substituted ‘‘co- operative research centers’’ for ‘‘centers for industrial technology’’. Par. (3). Pub. L. 99–502, § 9(f)(2), inserted ‘‘, including inventions, software, and training technologies,’’.