15 U.S. Code § 278n - Technology Innovation Program
There is established within the Institute a program linked to the purpose and functions of the Institute, to be known as the “Technology Innovation Program” for the purpose of assisting United States businesses and institutions of higher education or other organizations, such as national laboratories and nonprofit research institutions, to support, promote, and accelerate innovation in the United States through high-risk, high-reward research in areas of critical national need.
The Federal share of a project funded by an award under the program shall not be more than 50 percent of total project costs.
The Director shall solicit proposals at least annually to address areas of critical national need for high-risk, high-reward projects.
Title to any intellectual property developed by a joint venture from assistance provided under this section may vest in any participant in the joint venture, as agreed by the members of the joint venture, notwithstanding section 202(a) and (b) of title 35. The United States may reserve a nonexclusive, nontransferable, irrevocable paid-up license, to have practice for or on behalf of the United States in connection with any such intellectual property, but shall not in the exercise of such license publicly disclose proprietary information related to the license. Title to any such intellectual property shall not be transferred or passed, except to a participant in the joint venture, until the expiration of the first patent obtained in connection with such intellectual property.
Nothing in this subsection shall be construed to prohibit the licensing to any company of intellectual property rights arising from assistance provided under this section.
The Director shall, through the Technology Innovation Program, continue to provide support originally awarded under the Advanced Technology Program, in accordance with the terms of the original award and consistent with the goals of the Technology Innovation Program.
In carrying out this section, the Director shall, as appropriate, coordinate with other senior State and Federal officials to ensure cooperation and coordination in State and Federal technology programs and to avoid unnecessary duplication of efforts.
In addition to amounts appropriated to carry out this section, the Secretary and the Director may accept funds from other Federal agencies to support awards under the Technology Innovation Program. Any award under this section which is supported with funds from other Federal agencies shall be selected and carried out according to the provisions of this section. Funds accepted from other Federal agencies shall be included as part of the Federal cost share of any project funded under this section.
The TIP Advisory Board shall consist of 10 members appointed by the Director, at least 7 of whom shall be from United States industry, chosen to reflect the wide diversity of technical disciplines and industrial sectors represented in Technology Innovation Program projects. No member shall be an employee of the Federal Government.
Except as provided in subparagraph (C) or (D), the term of office of each member of the TIP Advisory Board shall be 3 years.
The original members of the TIP Advisory Board shall be appointed to 3 classes. One class of 3 members shall have an initial term of 1 year, one class of 3 members shall have an initial term of 2 years, and one class of 4 members shall have an initial term of 3 years.
Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.
 So in original. The semicolon probably should be a period.
A prior section 278n, act Mar. 3, 1901, ch. 872, § 28, as added Pub. L. 100–418, title V, § 5131(a), Aug. 23, 1988, 102 Stat. 1439; amended Pub. L. 102–245, title II, § 201(c), Feb. 14, 1992, 106 Stat. 16, related to the Advanced Technology Program, prior to repeal by Pub. L. 110–69, title III, § 3012(a), Aug. 9, 2007, 121 Stat. 593.
2014—Subsecs. (g) to (j). Pub. L. 113–188, § 201(d)(1), (2), redesignated subsecs. (h) to (k) as (g) to (j), respectively, and struck out former subsec. (g) which required annual reports describing the Technology Innovation Program’s activities.
Subsec. (j)(5). Pub. L. 113–188, § 201(e), struck out par. (5) which related to annual Technology Innovation Program status reports transmitted by the TIP Advisory Board.
Subsec. (k). Pub. L. 113–188, § 201(d)(2), redesignated subsec. (
Subsec. (k)(5). Pub. L. 113–188, § 201(d)(3), substituted “under subsection (j)” for “under subsection (k)”.
Pub. L. 100–418, title V, § 5131(c), Aug. 23, 1988, 102 Stat. 1443, directed the Secretary of Commerce, within 90 days after Aug. 23, 1988, to enter into contracts with the National Academies of Sciences and Engineering to review the various types of cooperative arrangements between the private sector and the Federal Government and required a report based on the review to be submitted to the Secretary, the President, and Congress within 18 months after the contracts were signed.
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