§ 3701. Findings

§ 3701. Findings

(1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States.

(2) Technology and industrial innovation offer an improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets.

(3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened.

(4) Small businesses have performed an important role in advancing industrial and technological innovation.

(5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations.

(6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices.

(7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy.

(8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, including a strong national policy supporting domestic technology transfer and utilization of the science and technology resources of the Federal Government.

(9) It is in the national interest to promote the adaptation of technological innovations to State and local government uses. Technological innovations can improve services, reduce their costs, and increase productivity in State and local governments.

(10) The Federal laboratories and other performers of federally funded research and development frequently provide scientific and technological developments of potential use to State and local governments and private industry. These developments, which include inventions, computer software, and training technologies, should be made accessible to those governments and industry. There is a need to provide means of access and to give adequate personnel and funding support to these means.

(11) The Nation should give fuller recognition to individuals and companies which have made outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental, or social well-being of the United States.

(Pub. L. 96–480, § 2, Oct. 21, 1980, 94 Stat. 2311; Pub. L. 99–502, § 9(f)(1), Oct. 20, 1986, 100 Stat. 1797.)

Editorial Notes

Amendments

1986—Par. (10). Pub. L. 99–502 inserted “, which include inventions, computer software, and training technologies,”.

Statutory Notes and Related Subsidiaries

Short Title of 2017 Amendment

Pub. L. 114–329, title IV, § 401(a), Jan. 6, 2017, 130 Stat. 3016, provided that: “This section [enacting section 3724 of this title and amending sections 272, 278, and 3719 of this title] may be cited as the ‘Science Prize Competition Act’.”

Short Title of 2000 Amendment

Pub. L. 106–404, § 1, Nov. 1, 2000, 114 Stat. 1742, provided that: “This Act [enacting section 7261c of Title 42, The Public Health and Welfare, amending sections 3703, 3704, 3707, 3710, 3710a, 3710c, 3714, and 3715 of this title and sections 200, 202, 207, and 209 of Title 35, Patents, and enacting provisions set out as notes under this section and section 3710a of this title] may be cited as the ‘Technology Transfer Commercialization Act of 2000’.”

Short Title of 1996 Amendment

Pub. L. 104–113, § 1, Mar. 7, 1996, 110 Stat. 775, provided that: “This Act [amending sections 272, 278, 278e, 278g–2, 3710, 3710a, 3710c, 3710d, 5401, 5402, 5404 to 5406, 5408, 5409, and 5412 of this title and section 210 of Title 35, Patents, repealing sections 5403 and 5413 of this title, and enacting provisions set out as notes under this section and sections 272 and 275 of this title] may be cited as the ‘National Technology Transfer and Advancement Act of 1995’.”

Short Title of 1992 Amendment

Pub. L. 102–245, § 1, Feb. 14, 1992, 106 Stat. 7, provided that: “This Act [enacting sections 1536, 3704b–1, 3704b–2, 3716, and 3717 of this title and section 6618 of Title 42, The Public Health and Welfare, amending sections 272, 278d, 278g, 278g–1, 278k, 278n, 1453, 1454, 3703, 3704, 3704b, 3710, 3710a, 3711a, 4603, 4603a, and 4632 of this title and section 6683 of Title 42, enacting provisions set out as notes under this section, sections 271, 278f, 278n, and 1453 of this title, and section 6611 of Title 42, and amending provisions set out as a note under section 278l of this title] may be cited as the ‘American Technology Preeminence Act of 1991’.”

Pub. L. 102–245, title I, § 101, Feb. 14, 1992, 106 Stat. 7, provided that: “This title [enacting sections 1536, 3704b–1, and 3704b–2 of this title, amending sections 278d, 278g, 278g–1, 278k, 1453, 1454, 4603, 4603a, and 4632 of this title, enacting provisions set out as notes under this section and sections 278f and 1453 of this title, and amending provisions set out as a note under section 278l of this title] may be cited as the ‘Technology Administration Authorization Act of 1991’.”

Short Title of 1989 Amendment

Pub. L. 101–189, div. C, title XXXI, § 3131, Nov. 29, 1989, 103 Stat. 1674, provided that: “This part [part C (§§ 3131–3133) of title XXXI of div. C of Pub. L. 101–189, amending sections 3710, 3710a, and 3710c of this title and enacting provisions set out as notes under this section and section 3710a of this title] may be cited as the ‘National Competitiveness Technology Transfer Act of 1989’.”

Short Title of 1988 Amendment

Pub. L. 100–519, title II, § 211, Oct. 24, 1988, 102 Stat. 2594, provided that: “This subtitle [subtitle B (§§ 211, 212) of title II of Pub. L. 100–519, enacting section 3704b of this title and amending section 3710 of this title] may be cited as the ‘National Technical Information Act of 1988’.”

Short Title of 1987 Amendment

Pub. L. 100–107, § 1, Aug. 20, 1987, 101 Stat. 724, provided that: “This Act [enacting section 3711a of this title, amending section 3708 of this title, and enacting provisions set out as a note under section 3711a of this title] may be cited as the ‘Malcolm Baldrige National Quality Improvement Act of 1987’.”

Short Title of 1986 Amendments

Pub. L. 99–502, § 1, Oct. 20, 1986, 100 Stat. 1785, provided that: “This Act [enacting sections 3710a to 3710d of this title, amending this section, sections 3702 to 3705, 3707, 3708, 3710 to 3710d, and 3711 to 3714 of this title, and section 210 of Title 35, Patents, and repealing section 3709 of this title] may be cited as the ‘Federal Technology Transfer Act of 1986’. ”

Pub. L. 99–382, § 1, Aug. 14, 1986, 100 Stat. 811, provided: “That this Act [amending section 3704 of this title] may be cited as the ‘Japanese Technical Literature Act of 1986’.”

Short Title

Pub. L. 96–480, § 1, Oct. 21, 1980, 94 Stat. 2311, provided: “That this Act [enacting this chapter] may be cited as the ‘Stevenson-Wydler Technology Innovation Act of 1980’.”

Study on Economic Competitiveness and Innovative Capacity of United States and Development of National Economic Competitiveness Strategy

Pub. L. 111–358, title VI, § 604, Jan. 4, 2011, 124 Stat. 4037, as amended by Pub. L. 117–286, § 4(a)(70), Dec. 27, 2022, 136 Stat. 4313, provided that: “(a) Study.—“(1) In general.—Not later than 1 year after the date of the enactment of this Act [Jan. 4, 2011], the Secretary of Commerce shall complete a comprehensive study of the economic competitiveness and innovative capacity of the United States. “(2) Matters covered.—The study required by paragraph (1) shall include the following:“(A) An analysis of the United States economy and innovation infrastructure. “(B) An assessment of the following:“(i) The current competitive and innovation performance of the United States economy relative to other countries that compete economically with the United States. “(ii) Economic competitiveness and domestic innovation in the current business climate, including tax and Federal regulatory policy. “(iii) The business climate of the United States and those of other countries that compete economically with the United States. “(iv) Regional issues that influence the economic competitiveness and innovation capacity of the United States, including— “(I) the roles of State and local governments and institutions of higher education; and “(II) regional factors that contribute positively to innovation. “(v) The effectiveness of the Federal Government in supporting and promoting economic competitiveness and innovation, including any duplicative efforts of, or gaps in coverage between, Federal agencies and departments. “(vi) Barriers to competitiveness in newly emerging business or technology sectors, factors influencing underperforming economic sectors, unique issues facing small and medium enterprises, and barriers to the development and evolution of start-ups, firms, and industries. “(vii) The effects of domestic and international trade policy on the competitiveness of the United States and the United States economy. “(viii) United States export promotion and export finance programs relative to export promotion and export finance programs of other countries that compete economically with the United States, including Canada, France, Germany, Italy, Japan, Korea, and the United Kingdom, with noting of export promotion and export finance programs carried out by such countries that are not analogous to any programs carried out by the United States. “(ix) The effectiveness of current policies and programs affecting exports, including an assessment of Federal trade restrictions and State and Federal export promotion activities. “(x) The effectiveness of the Federal Government and Federally funded research and development centers in supporting and promoting technology commercialization and technology transfer. “(xi) Domestic and international intellectual property policies and practices. “(xii) Manufacturing capacity, logistics, and supply chain dynamics of major export sectors, including access to a skilled workforce, physical infrastructure, and broadband network infrastructure. “(xiii) Federal and State policies relating to science, technology, and education and other relevant Federal and State policies designed to promote commercial innovation, including immigration policies. “(C) Development of recommendations on the following:“(i) How the United States should invest in human capital. “(ii) How the United States should facilitate entrepreneurship and innovation. “(iii) How best to develop opportunities for locally and regionally driven innovation by providing Federal support. “(iv) How best to strengthen the economic infrastructure and industrial base of the United States. “(v) How to improve the international competitiveness of the United States. “(3) Consultation.—“(A) In general.—The study required by paragraph (1) shall be conducted in consultation with the National Economic Council of the Office of Policy Development, such Federal agencies as the Secretary considers appropriate, and the Innovation Advisory Board established under subparagraph (B). The Secretary shall also establish a process for obtaining comments from the public. “(B) Innovation advisory board.—“(i) In general.—The Secretary shall establish an Innovation Advisory Board for purposes of obtaining advice with respect to the conduct of the study required by paragraph (1). “(ii) Composition.—The Advisory Board established under clause (i) shall be comprised of 15 members, appointed by the Secretary— “(I) who shall represent all major industry sectors; “(II) a majority of whom should be from private industry, including large and small firms, representing advanced technology sectors and more traditional sectors that use technology; and “(III) who may include economic or innovation policy experts, State and local government officials active in technology-based economic development, and representatives from higher education. “(iii) Exemption from chapter10of title5, united states code.—Chapter 10 of title 5, United States Code, shall not apply to the advisory board established under clause (i). “(b) Strategy.—“(1) In general.—Not later than 1 year after the completion of the study required by subsection (a), the Secretary shall develop, based on the study required by subsection (a)(1), a national 10-year strategy to strengthen the innovative and competitive capacity of the Federal Government, State and local governments, United States institutions of higher education, and the private sector of the United States. “(2) Elements.—The strategy required by paragraph (1) shall include the following:“(A) Actions to be taken by individual Federal agencies and departments to improve competitiveness. “(B) Proposed legislative actions for consideration by Congress. “(C) Annual goals and milestones for the 10-year period of the strategy. “(D) A plan for monitoring the progress of the Federal Government with respect to improving conditions for innovation and the competitiveness of the United States. “(c) Report.—“(1) In general.—Upon the completion of the strategy required by subsection (b), the Secretary of Commerce shall submit to Congress and the President a report on the study conducted under subsection (a) and the strategy developed under subsection (b). “(2) Elements.—The report required by paragraph (1) shall include the following:“(A) The findings of the Secretary with respect to the study conducted under subsection (a). “(B) The strategy required by subsection (b).”

Promoting Use of High-End Computing Simulation and Modeling by Small- and Medium-Sized Manufacturers