For purposes of this section, an agency shall make separate determinations of the mission or missions of each of its laboratories.
Nothing in this section is intended to limit or diminish existing authorities of any agency.
For purposes of this section, an agency shall make separate determinations of the mission or missions of each of its laboratories.
Nothing in this section is intended to limit or diminish existing authorities of any agency.
Section 203(2) of title 35, referred to in subsec. (b)(1)(C), was redesignated section 203(b) of title 35 by Pub. L. 107–273, div. C, title III, § 13206(a)(14)(A)(i), Nov. 2, 2002, 116 Stat. 1905.
Executive Order No. 12344, referred to in subsec. (d)(2), is set out as a note under section 2511 of Title 50, War and National Defense.
2021—Subsec. (c)(7)(B). Pub. L. 117–58 designated existing provisions as cl. (i), substituted “Subject to clause (ii), the director” for “The director”, and added cl. (II).
2000—Subsec. (a). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3196(a)], substituted “joint work statement or, if permitted by the agency, in an agency-approved annual strategic plan,” for “joint work statement,” in introductory provisions.
Subsec. (b)(1). Pub. L. 106–404, in first sentence, inserted “or, subject to section 209 of title 35, may grant a license to an invention which is federally owned, for which a patent application was filed before the signing of the agreement, and directly within the scope of the work under the agreement,” after “under the agreement,”.
Subsec. (b)(6). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3196(b)], added par. (6).
Subsec. (c)(5)(C), (D). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3196(c)], redesignated subpar. (D) as (C), struck out “with a small business firm” after “enter into” and inserted “if” after “statement” in cl. (i), added cls. (iv) and (v), and struck out former subpar. (C) which related to the duties of an agency which has contracted with a non-Federal entity to operate a laboratory with respect to review and approval of joint work statements and agreements under this section and with respect to providing the entity with model cooperative research and development agreements.
1996—Subsec. (b). Pub. L. 104–113 amended subsec. (b) generally, to require that laboratory ensure that collaborating party be provided option of choosing exclusive license for pre-negotiated field of use for any invention under agreement or that collaborating party be offered option of holding licensing rights that collectively encompass rights that would be held under such exclusive license by one party, to set forth explicit conditions that grants under par. (1) were to be subject to, and to require laboratory to ensure that collaborating party might retain title to any invention made solely by its employee in exchange for normally granting Government nonexclusive, nontransferable, irrevocable, paid-up license to practice invention by or on behalf of Government for research or for other Government purposes.
1993—Subsec. (d)(2)(B). Pub. L. 103–160, § 3160(1), inserted “(including a weapon production facility of the Department of Energy)” after “facilities” and “, or the production, maintenance, testing, or dismantlement of a nuclear weapon or its components,” after “research and development”.
Subsec. (d)(2)(C). Pub. L. 103–160, § 3160(2), inserted “(including a weapon production facility of the Department of Energy)” after “facility” and “, or the production, maintenance, testing, or dismantlement of a nuclear weapon or its components,” after “research and development”.
Subsec. (d)(4). Pub. L. 103–160, § 3160(3)–(5), added par. (4).
1992—Subsec. (c)(5)(C)(i). Pub. L. 102–484, § 3135(a)(1), substituted “Except as provided in subparagraph (D), any agency” for “Any agency”.
Subsec. (c)(5)(D). Pub. L. 102–484, § 3135(a)(2), added subpar. (D).
Subsec. (d)(1). Pub. L. 102–245 inserted “intellectual property,” after “equipment,” in two places.
1991—Subsec. (d)(2). Pub. L. 102–25 substituted “naval” for “Naval” in concluding provisions.
1989—Subsec. (a). Pub. L. 101–189, § 3133(a)(1)(A), inserted “, and, to the extent provided in an agency-approved joint work statement, the director of any of its Government-owned, contractor-operated laboratories” after “Government-operated Federal laboratories” in introductory provisions.
Subsec. (a)(2). Pub. L. 101–189, § 3133(a)(1)(B), (C), substituted “(in the case of a Government-owned, contractor-operated laboratory, subject to subsection (c) of this section) for” for “for Government-owned” and struck out “of Federal employees” before “that may be voluntarily”.
Subsec. (b). Pub. L. 101–189, § 3133(a)(2)(A), (C), inserted “, and, to the extent provided in an agency-approved joint work statement, a Government-owned, contractor-operated laboratory,” after “Government-operated Federal laboratory” in introductory provisions and inserted concluding provisions “A Government-owned, contractor-operated laboratory that enters into a cooperative research and development agreement under subsection (a)(1) of this section may use or obligate royalties or other income accruing to such laboratory under such agreement with respect to any invention only (i) for payments to inventors; (ii) for the purposes described in section 3710c(a)(1)(B)(i), (ii), and (iv) of this title; and (iii) for scientific research and development consistent with the research and development mission and objectives of the laboratory.”
Subsec. (b)(2). Pub. L. 101–189, § 3133(a)(2)(B), substituted “a laboratory employee” for “a Federal employee”.
Subsec. (c)(3)(A). Pub. L. 101–189, § 3133(a)(3), substituted “standards of conduct for its employees” for “employee standards of conduct”.
Subsec. (c)(5)(A). Pub. L. 101–189, § 3133(a)(4), inserted “presented by the director of a Government-operated laboratory” after “any such agreement”.
Subsec. (c)(5)(B). Pub. L. 101–189, § 3133(a)(5), inserted “by the director of a Government-operated laboratory” after “an agreement presented”.
Subsec. (c)(5)(C). Pub. L. 101–189, § 3133(a)(6), added subpar. (C).
Subsec. (c)(7). Pub. L. 101–189, § 3133(a)(7), added par. (7).
Subsec. (d)(2). Pub. L. 101–189, § 3133(a)(8)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘laboratory’ means a facility or group of facilities owned, leased, or otherwise used by a Federal agency, a substantial purpose of which is the performance of research, development, or engineering by employees of the Federal Government.”
Subsec. (d)(3). Pub. L. 101–189, § 3133(a)(8)(A), (C), added par. (3).
Subsec. (g). Pub. L. 101–189, § 3133(b), added subsec. (g).
1988—Subsec. (a)(2). Pub. L. 100–519, § 301(1), substituted “or other intellectual property developed at the laboratory and other inventions or other intellectual property” for “at the laboratory and other inventions”.
Subsec. (b)(4), (5). Pub. L. 100–519, § 301(2), added par. (4) and redesignated former par. (4) as (5).
Pub. L. 117–58, div. D, title III, § 40322(b)(2), Nov. 15, 2021, 135 Stat. 1018, provided that:
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
Pub. L. 106–404, § 8, Nov. 1, 2000, 114 Stat. 1746, provided that:
The Secretary of the Army, in cooperation with the Secretary of Transportation, authorized to conduct research and development activities on magnetic levitation technology using contracts or cooperative research and development agreements under this section, see section 417 of Pub. L. 101–640, set out as a note under section 2313 of Title 33, Navigation and Navigable Waters.
Section 3133(d) of Pub. L. 101–189, as amended by Pub. L. 101–510, div. A, title VIII, § 828(a), Nov. 5, 1990, 104 Stat. 1607, provided that:
[Pub. L. 101–510, div. A, title VIII, § 828(b), Nov. 5, 1990, 104 Stat. 1607, provided that: