Page:United States Statutes at Large Volume 114 Part 3.djvu/516

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114 STAT. 1654A-474 PUBLIC LAW 106-398 —APPENDIX (C) the licensing procedures and requirements for patents and other intellectual property; (D) the rights given to a small business concern that has licensed a patent or other intellectual property from a national security laboratory or nuclear weapons production facility to bring suit against third parties infringing such intellectual property; (E) the advance funding requirements for a small business concern funding a project at a national security laboratory or nuclear weapons production facility through a funds-in agreement; (F) the intellectual property rights allocated to a business when it is funding a project at a national security laboratory or nuclear weapons production facility through a funds-in agreement; and (G) policies on royalty payments to inventors employed by a contractor operating a national security laboratory or nuclear weapons production facility, including those for inventions made under a funds-in agreement. (b) DEFINITION OF FUNDS-IN AGREEMENT.— For the purposes of this section, the term "funds-in agreement" means a contract between the Department and a non-Federal organization under which that organization pays the Department to provide a service or material not otherwise available in the domestic private sector. (c) SUBMISSION TO CONGRESS.— Not later than one month after receiving the report under subsection (a), the Secretary shall submit to Congress that report, along with the Secretary's recommendations for action and proposals for legislation to implement the recommendations. SEC. 3164. REPORT ON EFFECTIVENESS OF NATIONAL NUCLEAR SECU- RITY ADMINISTRATION TECHNOLOGY DEVELOPMENT PARTNERSHIPS WITH NON-FEDERAL ENTITIES. (a) REPORT REQUIRED.— The Administrator for Nuclear Security shall submit to Congress, not later than March 1, 2001, a report on the efficiency and effectiveness with which the National Nuclear Security Administration and its laboratories and facilities carry out technology development activities in partnership with non-Federal entities, including cooperative research and development agreements. The report shall include an examination of the following matters with respect to the carrying out of those activities: (1) Funding sources available to and used by the Administration. (2) Types of legal instruments used by the Administration, and the extent to which they are used. (3) Procedures used for selection of participants. (4) Intellectual property licensing and royalty provisions. (5) New technologies developed. (6) The extent to which those new technologies have— (A) commercial utility; and (B) utility to the nuclear weapons cind nuclear nonproliferation missions of the Administration. (b) ADDITIONAL REQUIREMENTS FOR COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. — (1) The report required by subsection (a) shall include a section providing the following with respect to cooperative research and development agreements: