Title 15 — Commerce and Trade
Chapter 63 — Technology Innovation
§ 3705. Cooperative Research Centers
Statutory text
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—
the participation of individuals from industry and universities in cooperative technological innovation activities;
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;
the education and training of individuals in the technological innovation process;
the improvement of mechanisms for the dissemination of scientific, engineering, and technical information among universities and industry;
the utilization of the capability and expertise, where appropriate, that exists in Federal laboratories; and
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.
Activities
The activities of the Centers shall include, but need not be limited to—
research supportive of technological and industrial innovation including cooperative industry-university research;
assistance to individuals and small businesses in the generation, evaluation, and development of technological ideas supportive of industrial innovation and new business ventures;
technical assistance and advisory services to industry, particularly small businesses; and
curriculum development, training, and instruction in invention, entrepreneurship, and industrial innovation.
Each Center need not undertake all of the activities under this subsection.
Requirements
Prior to establishing a Center, the Secretary shall find that—
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;
a high likelihood exists of continuing participation, advice, financial support, and other contributions from the private sector;
the host university or other nonprofit institution has a plan for the management and evaluation of the activities proposed within the particular Center, including:
the agreement between the parties as to the allocation of patent rights on a nonexclusive, partially exclusive, or exclusive license basis to and inventions conceived or made under the auspices of the Center; and
the consideration of means to place the Center, to the maximum extent feasible, on a self-sustaining basis;
suitable consideration has been given to the university’s or other nonprofit institution’s capabilities and geographical location; and
consideration has been given to any effects upon competition of the activities proposed under the Center.
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).
Research and development utilization
In the promotion of technology from research and development efforts by Centers under this section, chapter 18 of title 35 shall apply to the extent not inconsistent with this section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Stevenson-Wydler Technology Innovation Act of 1980
Pub. L. 96–480 § 7 · 94 Stat. 2311
Enacted · 15 U.S.C. § 3705
Pub. L. 96–480, § 7, formerly § 6, Oct. 21, 1980, 94 Stat. 2313
Source evidence
Code source credit
Pub. L. 96–480, § 7, formerly § 6, Oct. 21, 1980, 94 Stat. 2313Enacted provision · exact public law section
SEC. 7. 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) 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 Direc-tor 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.Pub. L. 99–502 § 9(b)(7) · 100 Stat. 1785
Substituted · 15 U.S.C. § 3705(a)
Pub. L. 99–502, § 9(b)(7), substituted “Cooperative Research Centers” for “Centers for Industrial Technology”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–502, § 9(b)(7), substituted “Cooperative Research Centers” for “Centers for Industrial Technology”.Enacted provision · exact public law section
(7) Section 6(a) of such Act is amended by striking out “Centers for Industrial Technology” and inserting in lieu thereof “Cooperative Research Centers”.Pub. L. 99–502 § 9(b)(8) · 100 Stat. 1785
Struck · 15 U.S.C. § 3705(b)(1)
Pub. L. 99–502, § 9(b)(8), struck out “basic and applied” after “industry-university”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 99–502, § 9(b)(8), struck out “basic and applied” after “industry-university”.Enacted provision · exact public law section
(8) Section 6(b)(1) of such Act is amended by striking out “basic and applied”.Pub. L. 99–502 § 9(b)(9) · 100 Stat. 1785
Amended · 15 U.S.C. § 3705(e)
Pub. L. 99–502, § 9(b)(9), amended subsec. (e) generally. Prior to amendment, subsec. (e) provided that a Center of Industrial Technology had the option to acquire title to an invention conceived or made under its auspices and supported by Federal funds, authorized supporting agency to require the Center to grant licenses to the invention to responsible applicants in certain cases, and provided for judicial review of licensing determinations by the supporting agency
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–502, § 9(b)(9), amended subsec. (e) generally. Prior to amendment, subsec. (e) provided that a Center of Industrial Technology had the option to acquire title to an invention conceived or made under its auspices and supported by Federal funds, authorized supporting agency to require the Center to grant licenses to the invention to responsible applicants in certain cases, and provided for judicial review of licensing determinations by the supporting agency.Enacted provision · exact public law section
(9) Section 6(e) of such Act is amended to read as follows: “(e) 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 35 USC 200 et seq. apply to the extent not inconsistent with this section.”.Pub. L. 99–502 § 9(b)(10) · 100 Stat. 1785
Struck · 15 U.S.C. § 3705(f)
Pub. L. 99–502, § 9(b)(10), struck out subsec. (f) which read as follows: “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.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 99–502, § 9(b)(10), struck out subsec. (f) which read as follows: “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.”Enacted provision · exact public law section
(10) Section 6(f) of such Act is repealed.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 7 of Pub. L. 96–480 was renumbered section 8 and is classified to section 3706 of this title.
Amendments
1986—Subsec. (a). Pub. L. 99–502, § 9(b)(7), substituted “Cooperative Research Centers” for “Centers for Industrial Technology”.
Subsec. (b)(1). Pub. L. 99–502, § 9(b)(8), struck out “basic and applied” after “industry-university”.
Subsec. (e). Pub. L. 99–502, § 9(b)(9), amended subsec. (e) generally. Prior to amendment, subsec. (e) provided that a Center of Industrial Technology had the option to acquire title to an invention conceived or made under its auspices and supported by Federal funds, authorized supporting agency to require the Center to grant licenses to the invention to responsible applicants in certain cases, and provided for judicial review of licensing determinations by the supporting agency.
Subsec. (f). Pub. L. 99–502, § 9(b)(10), struck out subsec. (f) which read as follows: “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.”
Statutory Notes and Related Subsidiaries
Model Program
Pub. L. 101–510, div. A, title VIII, § 827(b), , 104 Stat. 1607, as amended by Pub. L. 102–190, div. A, title X, § 1062(a)(2), , 105 Stat. 1475, provided that:
“(1) In the administration of applicable provisions of the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.] or section 5121(b) of the Omnibus Trade and Competitiveness Act of 1988 [Pub. L. 100–418, 15 U.S.C. 278l note], the Secretary of Commerce shall develop, in consultation with the Secretary of Defense and the Secretary of Energy, model programs for national defense laboratories.
“(2) Model programs under this subsection shall involve Federal laboratories, small businesses, and partnership intermediaries. The purpose of the model programs is to demonstrate successful relationships between the Federal Government, State and local governments, and small businesses which encourage economic growth through the commercial application of technology resulting from federally funded research.
“(3) In this subsection, the term ‘national defense laboratory’ means any laboratory, federally funded research and development center (FFRDC), or other center established under section 7 or 9 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3705, 3707) that is owned by the Federal Government, whether operated by the Federal Government or by a contractor, and—
“(A) is under the jurisdiction of the Secretary of Defense; or
“(B) is under the jurisdiction of the Secretary of Energy, but only if the primary function of the laboratory, FFRDC, or other center under the Secretary’s jurisdiction is to support the national defense activities of the Department of Defense or the Department of Energy.”
Credits
1980–1988 · 3 acts
- 1980Pub. L. 96–480, § 7, formerly § 6, , 94 Stat. 2313
- 1986Pub. L. 99–502, § 9(b)(6)–(10), , 100 Stat. 1796
- 1988renumbered § 7, Pub. L. 100–418, title V, § 5122(a)(1), , 102 Stat. 1438.
Show as published
(Pub. L. 96–480, § 7, formerly § 6, , 94 Stat. 2313; Pub. L. 99–502, § 9(b)(6)–(10), , 100 Stat. 1796; renumbered § 7, Pub. L. 100–418, title V, § 5122(a)(1), , 102 Stat. 1438.)