Title 15 — Commerce and Trade
Chapter 63 — Technology Innovation
§ 3715. Use of partnership intermediaries
Statutory text
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 3710a(d)(2) of this title), the Federal employee who is the contract officer, may—
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, institutions of higher education as defined in section 1141(a) 1 of title 20, or educational institutions within the meaning of section 2194 of title 10; and
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 3710(b) of this title.
Omitted
“Partnership intermediary” defined
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, institutions of higher education as defined in section 1141(a) 1 of title 20, or educational institutions within the meaning of section 2194 of title 10, that need or can make demonstrably productive use of technology-related assistance from a Federal laboratory, including State programs receiving funds under cooperative agreements entered into under section 5121(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 278l note).
Footnotes
- 1 See References in Text note below.
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 § 23 · 94 Stat. 2311
Enacted · 15 U.S.C. § 3715
Pub. L. 96–480, § 23, formerly § 21, as added Pub. L. 101–510, div. A, title VIII, § 827(a), Nov. 5, 1990, 104 Stat. 1606
Source evidence
Code source credit
Pub. L. 96–480, § 23, formerly § 21, as added Pub. L. 101–510, div. A, title VIII, § 827(a), Nov. 5, 1990, 104 Stat. 1606National Defense Authorization Act for Fiscal Years 1992 and 1993
Pub. L. 102–190 div. A title VIII § 836 · 105 Stat. 1290
Inserted · 15 U.S.C. § 3715(a)
Pub. L. 102–190 inserted “that is not a laboratory (as defined in section 3710a(d)(2) of this title)” after “center” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–190 inserted “that is not a laboratory (as defined in section 3710a(d)(2) of this title)” after “center” in introductory provisions.Enacted provision · exact public law section
SEC. 836. TECHNICAL CORRECTION RELATING TO PARTNERSHIP INTERMEDIARIES. Section 21(a) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715) is amended by inserting after “federally funded research and development center”, the following: “that is not a laboratory (as defined in section 12(d)(2))”.Technology Transfer Commercialization Act of 2000
Pub. L. 106–404 § 9(1) · 114 Stat. 1742
Inserted · 15 U.S.C. § 3715(a)(1)
Pub. L. 106–404, § 9(1), inserted “, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10” after “small business firms”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 106–404, § 9(1), inserted “, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10” after “small business firms”.Enacted provision · exact public law section
(1) in subsection (a)(1) by inserting “, institutions of higher education as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), or educational institutions within the meaning of section 2194 of title 10, United States Code” after “small business firms”; andTechnology Transfer Commercialization Act of 2000
Pub. L. 106–404 § 9(2) · 114 Stat. 1742
Inserted · 15 U.S.C. § 3715(c)
Pub. L. 106–404, § 9(2), inserted “, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10,” after “small business firms”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–404, § 9(2), inserted “, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10,” after “small business firms”.Enacted provision · exact public law section
(2) in subsection (c) by inserting “, institutions of higher education as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), or educational institutions within the meaning of section 2194 of title 10, United States Code,” after “small business firms”.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 1141(a) of title 20, referred to in subsecs. (a)(1) and (c), was repealed by Pub. L. 105–244, § 3, title I, § 101(b), title VII, § 702, , 112 Stat. 1585, 1616, 1803, effective . However, the term “institution of higher education” is defined in section 1001 of Title 20, Education.
Codification
Subsec. (b) of this section, which required the Secretary to include in each triennial report required under section 3704d of this title a discussion and evaluation of activities carried out pursuant to this section, was omitted because of the termination of the triennial reporting requirement. See Codification note set out after section 3704a of this title.
Amendments1991–2000 · 2 rounds
2000
Subsec. (a)(1). Pub. L. 106–404, § 9(1), inserted “, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10” after “small business firms”.
Subsec. (c). Pub. L. 106–404, § 9(2), inserted “, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10,” after “small business firms”.
1991
Subsec. (a). Pub. L. 102–190 inserted “that is not a laboratory (as defined in section 3710a(d)(2) of this title)” after “center” in introductory provisions.
Statutory Notes and Related Subsidiaries
Participation in Programs Promoting Research, Development, Demonstration, or Transfer of Technology
Pub. L. 103–337, div. A, title II, § 217(f), , 108 Stat. 2695, as amended by Pub. L. 105–261, div. C, title XXXI, § 3136, , 112 Stat. 2248; Pub. L. 111–84, div. A, title II, § 254, , 123 Stat. 2243, provided that:
“(1) (A) A federally funded research and development center of the Department of Defense, of the National Aeronautics and Space Administration, or of the Department of Energy that functions primarily as a research laboratory may respond to solicitations and announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program.
“(B) A federally funded research and development center of the Department of Energy described in subparagraph (A) may respond to solicitations and announcements described in that subparagraph only for activities conducted by the center under contract with or on behalf of the Department of Defense.
“(C) A federally funded research and development center of the National Aeronautics and Space Administration that functions primarily as a research laboratory may respond to broad agency announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program.
“(2) A federally funded research and development center described in paragraph (1)(A) that responds to a solicitation or announcement described in such paragraph shall not be considered to be engaging in a competitive procedure and may use, among other authorities, cooperative research and development agreements provided for under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) [sic] as the instruments of participation in the solicitation or announcement.”
Credits
1990–2000 · 4 acts
- 1990Pub. L. 96–480, § 23, formerly § 21, as added Pub. L. 101–510, div. A, title VIII, § 827(a), , 104 Stat. 1606
- 1991amended Pub. L. 102–190, div. A, title VIII, § 836, , 105 Stat. 1448
- 1991renumbered § 23, Pub. L. 102–240, title VI, § 6019, , 105 Stat. 2183
- 2000Pub. L. 106–404, § 9, , 114 Stat. 1747.
Show as published
(Pub. L. 96–480, § 23, formerly § 21, as added Pub. L. 101–510, div. A, title VIII, § 827(a), , 104 Stat. 1606; amended Pub. L. 102–190, div. A, title VIII, § 836, , 105 Stat. 1448; renumbered § 23, Pub. L. 102–240, title VI, § 6019, , 105 Stat. 2183; Pub. L. 106–404, § 9, , 114 Stat. 1747.)