National Defense Energy Technology Transfer Act of 1989

Summary

National Defense Energy Technology Transfer Act of 1989 - Provides that, whenever in the course of a Government contract or subcontract entered into in connection with a Department of Energy nuclear defense research program a contractor makes an invention or discovery which would normally vest as a property right of the United States, such contractor may submit a request to the Secretary of Energy for a waiver of any or all of such property right of the Government in such invention or discovery. Provides that, in the case of a granted waiver, all rights of the United States not reserved by the Secretary shall vest in the contractor. Authorizes the Secretary to deny the request for a waiver if the Secretary determines that such invention or discovery: (1) is covered by a provision of a funding agreement; (2) has been designated as sensitive technical information under the Atomic Energy Act of 1954; or (3) is in the best interest of the United States to retain. Requires the Secretary to notify the contractor of such a denial in a timely manner. Outlines other matters to be considered by the Secretary in determining whether or not to grant or deny such a waiver request. Requires each DOE contract for the management and operation of a defense programs national laboratory to include a provision which authorizes the manager or operator of the laboratory to negotiate any cooperative research and development agreement with: (1) any other Federal department or agency; (2) any unit of State or local government; (3) any industrial organization; (4) any public or private foundation; (5) any institution of higher education or any other nonprofit organization; (6) any licensee of an invention or computer software owned by the laboratory manager or operator; and (7) any other person or entity. Outlines provisions authorized to be included in such cooperative research and development agreements. Provides that such agreement may not take effect unless the Secretary approves it or fails to take any action which indicates disapproval of such agreement. Requires the laboratory manager or operator to submit such agreement to the Secretary for approval or disapproval. Allows the Secretary 30 days to disapprove such an agreement. Requires written notice to the laboratory manager or operator of disapproval. Requires agreements between related persons or entities to be specifically approved by the Secretary before taking effect. Outlines factors to be considered by the Secretary in determining whether to approve, disapprove, or require the modification of a proposed cooperative research and development agreement. Outlines the effect of other laws on a specifically-approved agreement. Limits to ten percent of the revenue provided for in an annual budget of a defense programs national laboratory the amount which may be derived from nonappropriated funds pursuant to cooperative research and development agreements. Requires each DOE contract for the management or operation of a defense programs national laboratory to specify that: (1) any royalties or other income earned by the manager or operator of such laboratory from the licensing or assignment of intellectual property rights in any invention made in the course of a cooperative research and development agreement shall be used in the same manner as income under Federal funding agreements; (2) any such royalties obtained in like manner from the licensing or assignment of intellectual property rights in any computer software or other technical data made in the course of such an agreement shall also be used in the same manner as income under Federal funding agreements; and (3) the costs of obtaining, protecting, and licensing intellectual property rights in inventions, computer software, or other technical data made in the course of such an agreement shall be allowable costs under contracts for the management and operation of such a laboratory. Outlines additional intellectual property rights matters in relation to such agreements. Exempts the United States and any laboratory manager or operator from liability for damages resulting from the use of a product that is related to any invention, discovery, software, or other data in which the United States or such manager or operator has an intellectual property interest reserved or acquired pursuant to this Act. Requires the Secretary to prescribe regulations to carry out this Act and to report to the Senate and House Armed Services Committees if regulations are not issued within 180 days after enactment of this Act. Requires the Secretary to modify existing contracts with laboratory managers and operators in order to incorporate the changes made under this Act. Amends the Atomic Energy Act of 1954 to ensure that the investment in research and development in the military application of atomic energy results in the development of civilian applications for, and commercialization of, advanced technologies. Repeals a provision of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 relating to the protection of sensitive technical information in DOE inventions or discoveries (superseded by this Act).

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 11 July 1989

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