§ 1871. Disposition of inventions produced under contracts or other arrangements

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.

1. 1950

   National Science Foundation Act of 1950

   Pub. L. 81–171 § 12 · 64 Stat. 149

   Enacted · 42 U.S.C. § 1871

   May 10, 1950, ch. 171, § 12, 64 Stat. 154

   Source evidence

   Code source credit
   May 10, 1950, ch. 171, § 12, 64 Stat. 154

   Enacted provision · exact public law section
   Sec. 12. patent rights (a) Each contract or other arrangement executed pursuant to this Act which relates to scientific research shall contain provisions governing the disposition of inventions produced thereunder in a manner calculated to protect the public interest and the equities of the individual or organization with which the contract or other arrangement is executed: Provided, however, That nothing in this Act shall be construed to authorize the Foundation to enter into any contractual or other arrangement inconsistent with any provision of law affecting the issuance or use of patents. (b) No officer or employee of the Foundation shall acquire, retain, or transfer any rights, under the patent laws of the United States or otherwise, in any invention which he may make or produce in connection with performing his assigned activities and which is directly related to the subject matter thereof: Provided, however, That this subsection shall not be construed to prevent any officer or employee of the Foundation from executing any application for patent on any such invention for the purpose of assigning the same to the Government or its nominee in accordance with such rules and regulations as the Director may establish.

2. 1985

   National Science Foundation Authorization Act for Fiscal Year 1986

   Pub. L. 99–159 title I · 99 Stat. 887

   1. Struck · 42 U.S.C. § 1871

      Pub. L. 99–159 struck out subsec. (a) designation

   2. Inserted · 42 U.S.C. § 1871

      Pub. L. 99–159 inserted “or engineering” after “scientific”

   3. Struck · 42 U.S.C. § 1871

      Pub. L. 99–159 struck out subsec. (b) which prohibited Foundation officers and employees from acquiring, etc., patent rights in inventions

   Source evidence

   Code amendment note
   Pub. L. 99–159 struck out subsec. (a) designation, inserted “or engineering” after “scientific”, and struck out subsec. (b) which prohibited Foundation officers and employees from acquiring, etc., patent rights in inventions.

   Enacted provision · exact public law
   TITLE I— NATIONAL SCIENCE FOUNDATION AUTHORIZATION Sec. 101. short title This title may be cited as the “National Science Foundation Authorization Act for Fiscal Year 1986”. Sec. 102. authorization of appropriations (a) There are authorized to be appropriated to the National Science Foundation, for the fiscal year 1986, the sums set forth in the following categories: (1) Advanced Scientific Computing, $46,230,000. (2) Astronomical, Atmospheric, Earth, and Ocean Sciences, $359,670,000. (3) Biological, Behavioral, and Social Sciences, $262,010,000. (4) Engineering, $169,796,000. (5) Mathematical and Physical Sciences, $408,820,000. (6) Scientific, Technological, and International Affairs, $37,770,000. (7) Program Development and Management, $72,230,000. (8) Science and Engineering Education, $50,550,000. (9) United States Antarctic Program, $110,080,000. (b) (1) Notwithstanding any other provision of this Act, from the amounts authorized under subsection (a)— (A) not less than $1,000,000 are authorized only for the purposes of the ethics and values in science and technology pro-gram; and (B) not less than $3,000,000 are authorized only for purposes of the Policy Research and Analysis program. The Foundation shall report to the Committees on Labor and Report. Human Resources and Commerce, Science, and Transportation of the Senate on the distribution of the funds made available under subparagraph (A) of this paragraph not later than December 30, 1986. (c) In the obligation, use, and expenditure of the amounts appropriated Acid rain. for Biotic Systems and Resources under the authority provided in subsection (a)(3) and for Atmospheric Sciences under the authority provided in subsection (a)(2), emphasis shall be placed on basic scientific research to support a better understanding of the phenomena that contribute to acid rain. Sec. 103. scientific review prior to closure of a national facility Of the funds authorized to be appropriated in section 102, no funds shall be expended with respect to closure of a National facility without appropriate scientific review, including review by the National Science Foundation’s appropriate advisory committee or committees and the National Science Board. Sec. 104. availability Appropriations made under authority provided in Ante, p. 887; infra. sections 102 and 106 shall remain available for obligation for periods specified in the Acts making the appropriations. Sec. 105. official expenses From appropriations made under authorizations provided in this Act, not more than $3,500 for fiscal year 1986 may be used for official consultation, representation, or other extraordinary expenses at the discretion of the Director of the National Science Foundation. The determination of the Director shall be final and conclusive upon the accounting officers of the Government. Sec. 106. foreign currency authorization In addition to the sums authorized by section 102, not more than $1,000,000 for fiscal year 1986 are authorized to be appropriated for expenses of the National Science Foundation incurred outside the United States, to be drawn from foreign currencies that the Treasury Department determines to be excess to the normal requirements of the United States. Sec. 107. transfers authorized (a) Funds may be transferred among the categories listed Ante, p. 887. in section 102(a), so long as the net funds transferred to or from any category do not exceed 10 percent of the amount authorized for that category in section 102. (b) The Director of the Foundation may propose transfers to or from any category exceeding 10 percent of the amounts authorized for that category in section 102. An explanation of any such pro-posed transfer must be transmitted in writing to the Speaker of the House, the President of the Senate, the Committees on Labor and Human Resources and Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the House of Representatives. The proposed transfer may be made only when thirty calendar days have passed after submission of the written proposal. Sec. 108. data collection and analysis The National Science Foundation is authorized to design, establish, and maintain a data collection and analysis capability in the Foundation for the purpose of identifying and assessing the research facilities needs of universities. The needs of universities, by major field of science and engineering, for construction and modernization of research laboratories, including fixed equipment and major research equipment, shall be documented. University expenditures for the construction and modernization of research facilities, the sources of funds, and other appropriate data shall be collected and analyzed. The Foundation, in conjunction with other Report. appropriate Federal agencies, shall conduct the necessary surveys every 2 years and report the results to the Congress. The first report shall be submitted to the Congress by September 1, 1986. Sec. 109. national science foundation administrative amendments (a) The last sentence of section 4(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(e)) is amended by striking out “by registered mail or certified mail mailed to his last known address of record”. (b) Section 5(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1864(e)) is amended to read as follows: “(e) (1) The Director may make grants, contracts, and other Grants. Contracts. 42 USC 1870. arrangements pursuant to section 11(c) only with the prior approval of the Board or under authority delegated by the Board, and subject to such conditions as the Board may specify. “(2) Any delegation of authority or imposition of conditions under Federal Register, publication. the preceding sentence shall be effective only for such period of time, not exceeding two years, as the Board may specify, and shall be promptly published in the Federal Register and reported to the Committees on Labor and Human Resources and Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives. On October Report. 1 of each odd-numbered year the Board shall submit to the Congress a concise report which explains and justifies any actions taken by the Board under this subsection to delegate its authority or impose conditions within the preceding two years. The provisions of this Termination. subsection shall cease to be effective at the end of fiscal year 1989.”. (c) Section 12 of such Act (42 U.S.C. 1871) is amended— (1) by striking out “(a)” after “Sec. 12.”; and (2) by striking out subsection (b). (d) Section 9 of the National Science Foundation Act of 1950 (42 U.S.C. 1868) is amended to read as follows: (a) Each special commission established under section 4(h) 42 USC 1863. shall be appointed by the Board and shall consist of such members as the Board considers appropriate. “(b) Special commissions may be established to study and make Study. Research and development. Education. recommendations to the Foundation on issues relating to research and education in science and engineering.”. (e) (1) Section 14 of such Act (42 U.S.C. 1873) is amended— (A) by striking out subsection (b); (B) by redesignating subsections (c) through (i) as subsections (b) through (h), respectively; and (C) by adding at the end thereof the following new subsection: “(i) Information supplied to the Foundation or a contractor of the Foundation by an industrial or commercial organization in survey forms, questionnaires, or similar instruments for the purposes of subsection (a)(5) or (a)(6) of section 3 may not be disclosed to the 42 USC 1862. public unless such information has been transformed into statistical or aggregate formats that do not allow the identification of the supplier. The names of organizations supplying such information may not be disclosed to the public.”. (2) Sections 3(b) and 15(b) of such Act 42 U.S.C. 1862(b), 1874(b)(D) are each amended by striking out “14(g)” and inserting in lieu thereof “14(f)”. (f) Section 10 of the National Science Foundation Authorization Act, Fiscal Year 1978 (42 U.S.C. 1873(a)), is repealed. (g) Section 6(a) of the National Science Foundation Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended— (1) by striking out “not to exceed $50,000 per year for a period not to exceed three years” in the last sentence; and (2) by adding at the end thereof the following new sentence: “The National Science Board will periodically establish the amounts and terms of such grants under this section.”. (h) Section 6 of the National Science Foundation Authorization Act, Fiscal Year 1978 (42 U.S.C. 1884), is repealed; and sections 7, 8, 42 USC 1862, 1863, 1869b, 1873, 1882 note. 9, 11, 12, 13, and 14 of such Act are redesignated as sections 6 through 12, respectively. (i) Section 9 of the National Science Foundation Authorization Act for Fiscal Year 1980 (42 U.S.C. 1882) is amended by inserting “and the National Science Board” after “the Director of the National Science Foundation”. Sec. 110. amendment to the national science foundation act of 1950 relating to engineering (a) The National Science Foundation Act of 1950 (42 U.S.C. 1861 through 1875) is amended as follows: (1) Section 3(a) (42 U.S.C. 1862(a)(D) is amended— (A) by striking out “engineering,”; (B) by inserting after “other sciences,” the following: “and to initiate and support research fundamental to the engineering process and programs to strengthen engineering research potential and engineering education programs at all levels in the various Helds of engineering,”; and (C) by striking out “such scientific and educational activities” and inserting in lieu thereof “such scientific, engineering, and educational activities”. (2) Section 3(a)(2) (42 U.S.C. 1862(a)(2)) is amended by striking out “in the mathematical, physical, medical, biological, engineering, social, and other sciences’ ’ and inserting in lieu thereof “for study and research in the sciences or in engineering”. (3) Section 3(a)(3) (42 U.S.C. 1862(a)(3)) is amended— (A) by inserting “and engineering” after “scientific”; and (B) by inserting “and engineers” after “scientists”. (4) Section 3(a)(4) (42 U.S.C. 1862(a)(4)) is amended— (A) by inserting “and engineering” after “scientific”; and (B) by inserting “and engineering” after “sciences”. (5) Section 3(a)(5) (42 U.S.C. 1862(a)(5)) is amended by inserting “and fields of engineering” after “sciences”. (6) Section 3(a)(6) (42 U.S.C. 1862(a)(6)) is amended by striking out “technical” each place it appears and inserting in lieu thereof “engineering”. (7) Section 3(a)(7) (42 U.S.C. 1862(a)(7)) is amended by inserting “and engineering” after “scientific”. (8) Section 3(b) (42 U.S.C. 1862(b)) is amended by inserting “and engineering” after “scientific” each place it appears. (9) Section 3(c) (42 U.S.C. 1862(c)) is amended— (A) by inserting “and engineering” after “scientific” in the first sentence; and (B) by inserting “and engineering research” after “applied scientific research” in the second sentence. (10) Section 3(d) (42 U.S.C. 1862(d)) is amended by striking out “basic research and education in the sciences” and inserting in lieu thereof “research and education in science and engineering”. (11) Section 3(e) (42 U.S.C. 1862(e)) is amended by inserting “and engineering” after “sciences”. (12) Section 4(c) (42 U.S.C. 1863(c)) is amended— (A) by inserting “and engineering” after “scientific” in clause (3) of the first sentence; (B) by inserting “and engineers” after “scientists” in the second sentence; and (C) by inserting “the National Academy of Engineering,” after “National Academy of Sciences,”, and inserting “, engineering,” after “scientific”, in the third sentence. (13) The first sentence of section 10 (42 U.S.C. 1869) is amended by striking out “scientific study or scientific work in the mathematical, physical, medical, biological, engineering, social, and other sciences” and inserting in lieu thereof “study and research in the sciences or in engineering”. (14) Section 11 (42 U.S.C. 1870) is amended— (A) by inserting “or engineering” after “scientific” each place it appears in subsections (c), (d), and (i); (B) by striking out “technical” and inserting in lieu thereof “engineering” in subsection (g); and (C) by striking out “scientific value” and inserting in lieu thereof “scientific or engineering value” in subsection (g). (15) Section 12 (42 U.S.C. 1871), as amended by section 109(c) of this Act, is further amended by inserting “or engineering” after “scientific” (16) Section 13(a) (42 U.S.C. 1872(a)) is amended— (A) by inserting “or engineering” after “scientific” each place it appears in the first two sentences; (B) by inserting “or engineers” after “scientists”; and (C) by striking out “scientific study or scientific work” and inserting in lieu thereof “study and research in the sciences or in engineering”. (17) Section 13(b) (42 U.S.C. 1872(b)) is amended by inserting “or engineering” after “scientific”. (18) Section 14 (42 U.S.C. 1873), as amended by section 109(e) of this Act, is further amended— (A) by inserting “or engineering” after “scientific” each place it appears in subsection (e); and (B) by striking out “technical” in subsection (f) and inserting in lieu thereof “engineering”. (19) Section 15(b) (42 U.S.C. 1874(b)) is amended— (A) by striking out “technical” in paragraph (1) and inserting in lieu thereof “engineering”; and (B) by inserting “or engineering ’ after “scientific” in paragraph (2). (b) Section 2(b) of the National Science Foundation Authorization Act, 1976 (42 U.S.C. 1869a) is amended by inserting “or engineering” after “science” each place it appears. Sec. 111. amendment to science and technology equal opportunity act relating to engineering (a) The first section of the National Science Foundation Authorization and Science and Technology Equal Opportunities Act (42 U.S.C. 1861, note) is amended by striking out “Technology” and inserting in lieu thereof “Engineering”. (b) Part B of the National Science Foundation Authorization and Science and Technology Equal Opportunities Act (42 U.S.C. 1885 to 1885(d)) is amended as follows: (1) Section 31 (42 U.S.C. 1885) is amended by striking out “Technology” and inserting in lieu thereof “Engineering”. (2) Section 32(a) (42 U.S.C. 1885(a)) is amended— (A) by striking out “technology” and inserting in lieu thereof “engineering”; and (B) by striking out “scientific talent and technical skills” and inserting in lieu thereof “scientific and engineering talents and skills”. (3) The first sentence of section 32(b) (42 U.S.C. 1885(b)) is amended— (A) by striking out “skills in science and mathematics” and inserting in lieu thereof “skills in science, engineering, and mathematics”; (B) by striking out “technical” and inserting in lieu thereof “engineering”; (C) by striking out “scientific literacy” and inserting in lieu thereof “scientific and engineering literacy”; and (D) by striking out “technology” and inserting in lieu thereof “engineering”. (4) The second sentence of section 32(b) (42 U.S.C. 1885(b)) is amended— (A) by striking out “highest quality science” and inserting in lieu thereof “highest quality science and engineering”; and (B) by striking out “technology” and inserting in lieu thereof “engineering”. (5) The third sentence of section 32(b) (42 U.S.C. 1885(b)) is amended by striking out “technology” and inserting in lieu thereof “engineering”. (6) Section 33 (42 U.S.C. 1885a) is amended— (A) by striking out “technology” and “technical” each place they appear and inserting in lieu thereof “engineering”; (B) by inserting engineering,” after “science” in para-graph (2); (C) by inserting “and engineers” after “scientists” each place it appears; (D) by inserting “and engineering” after “science” in paragraph (10); and (E) by striking out “science, engineering, and technology” in paragraph (11) and inserting in lieu thereof “science and engineering”. (7) Section 34 (42 U.S.C. 1885b) is amended— (A) by striking out “science education” and inserting in lieu thereof “science and engineering education”; and (B) by striking out “technology” and inserting in lieu thereof “engineering”. (8) Section 36 (42 U.SU. 1885c) is amended— (A) by striking out “technology” in the heading and “Technology” and “technology” each place they appear, and inserting in lieu thereof “engineering”, “Engineering”, and “engineering”, respectively; and (B) by striking out “scientific engineering, professional, and technical” and inserting in lieu thereof “scientific, engineering, and professional”. (9) Section 37(b) (42 U.S.C. 1885d(b)) is amended— (A) by striking out “technical” each place it appears and inserting in lieu thereof “engineering”; and (B) by striking out “Technology” in paragraph (3) and inserting in lieu thereof “Engineering”. (10) The heading of such part B is amended by striking out “Technology” and inserting in lieu thereof “Engineering”. Sec. 112. private sector survey review Within 90 days after the date of the enactment of this Report. Act the Director of the National Science Foundation shall review the recommendations of the President’s Private Sector Survey on Cost Control and such other recommendations as may be included in the OMB report “Management of the United States Government—1986”, and shall submit a report to the Speaker of the House of Representatives, the President of the Senate, and the appropriate Committees of the House and Senate on the implementation status of each such recommendation which affects the National Science Foundation and which is within the authority and control of the Director.

1 of 4 references resolved to an enrolled provision · 3 partial