APPENDIX D
FEDERAL LAWS AND REGULATIONS RELATED TO TECHNOLOGICAL INNOVATION IN BUILDING

A variety of federal legislation and regulatory actions have been promulgated over the past several decades, to foster general research and development, advances in specific technology, new special-purpose institutions, and technology transfer from government programs to the private sector. Many of these activities have had relatively direct relevance to the construction industries and facilities development.

National Aeronautic and Space Act, 1958 (PL 85-568). The National Aeronautics and Space Act identified the potential for commercial applications of military and space research as a key mission element of the National Aeronautics and Space Administration (NASA).

Federal Laboratory Consortium for Technology Transfer. Established in 1974, the Federal Laboratory Consortium for Technology Transfer was incorporated in the Federal Technology Transfer Act of 1986 (amended 1989) to promote and strengthen technology transfer across the federal research system. More than 300 laboratories, representing 10 different agencies, comprise the consortium, which supports the technology transfer needs of member laboratories and agencies and of the public and private sectors.

Stevenson-Wydler Technology Innovation Act, 1980 (PL 96-480). The Stevenson-Wydler Act attempted to establish some uniformity of effort among federal agencies, by designating that 0.5 percent of each agency's budget go to an Office of Research and Technology Application (ORTA).



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The Role of Public Agencies in Fostering New Technology and Innovation in Building APPENDIX D FEDERAL LAWS AND REGULATIONS RELATED TO TECHNOLOGICAL INNOVATION IN BUILDING A variety of federal legislation and regulatory actions have been promulgated over the past several decades, to foster general research and development, advances in specific technology, new special-purpose institutions, and technology transfer from government programs to the private sector. Many of these activities have had relatively direct relevance to the construction industries and facilities development. National Aeronautic and Space Act, 1958 (PL 85-568). The National Aeronautics and Space Act identified the potential for commercial applications of military and space research as a key mission element of the National Aeronautics and Space Administration (NASA). Federal Laboratory Consortium for Technology Transfer. Established in 1974, the Federal Laboratory Consortium for Technology Transfer was incorporated in the Federal Technology Transfer Act of 1986 (amended 1989) to promote and strengthen technology transfer across the federal research system. More than 300 laboratories, representing 10 different agencies, comprise the consortium, which supports the technology transfer needs of member laboratories and agencies and of the public and private sectors. Stevenson-Wydler Technology Innovation Act, 1980 (PL 96-480). The Stevenson-Wydler Act attempted to establish some uniformity of effort among federal agencies, by designating that 0.5 percent of each agency's budget go to an Office of Research and Technology Application (ORTA).

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The Role of Public Agencies in Fostering New Technology and Innovation in Building The ORTA was to target technologies that might have applicability elsewhere. The act stated that technology and industrial innovation are central to the economic, environmental, and social well-being of U.S. citizens because they offer (1) an improved standard of living; (2) increased public and private-sector productivity; (3) new industries and employment opportunities; (4) improved public service; and (5) enhanced U.S. competitiveness in world markets. Patent and Trademark Amendments, 1980. The Patent and Trademark Amendments encourage the licensing of government-operated laboratory inventions by authorizing federal agencies to grant exclusive and partially exclusive licenses. They authorize federal agencies to withhold from disclosure classified information, company trade secrets, and related inventions that are likely to result in a patent application. Bayh-Dole Act, 1980 (amended in 1984). The Bayh-Dole Act permits independent laboratories run by small or nonprofit businesses doing federal research to retain their right to inventions. (However, agencies have tended to give bids to those laboratories that agree to give up ownership of resulting technology.) Trademark Clarification Act, 1984 (PL 98-620). Concerned primarily with semiconductor chip products, the Trademark Clarification Act amended the Patent and Trademark Amendments of 1980 by extending coverage to most of the Department of Energy, except laboratories engaged in naval nuclear propulsion or weapons-related programs. National Cooperative Research Act, 1984 (PL 98-462). The National Center for Manufacturing Sciences (NCMS) was created in 1984. NCMS sponsors and manages the research of member companies and U.S. industries in the area of manufacturing science and technology. Federal Technology Transfer Act, 1986 (PL 99-502). The Stevenson-Wydler Technology Innovation Act was amended in 1986 to promote technology transfer (TT) by allowing government-operated laboratories to enter into cooperative research agreements, and to designate formally the Federal Laboratory Consortium (FLC) for TT within the National Institute of Standards and Technology. The Federal Technology Transfer Act (FTTA) establishes a TT mission for federal agencies; improves the use of federally funded research and technology by state and local governments, and the private sector; provides federal employees recognition for outstanding contributions to TT; ensures full use of the products of federal investment in R&D; mandates the establishment of ORTAS; and sets aside for TT not less than 0.5 percent of each agency's R&D budget. As implemented by Executive Order 12591, FTTA directs agencies to enter into cooperative research and development agreements with state and local governments, universities, and private companies; awards exclusive licenses for patents

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The Role of Public Agencies in Fostering New Technology and Innovation in Building to cooperators with federal laboratories; grants awards to federal employees significantly contributing to TT; and implements royalty sharing. The act focuses on small-and medium-sized business, creates a research and technology applications office, and encourages the Department of Commerce to offer expertise on commercial potential of innovations and methods for their commercialism; it provides a minimum 15 percent royalty to federal/nonfederal inventors; and allows the inventor to have exclusive right to the invention. The act has worked well because there is no centralized coordinator for all the agencies. Facilitating Access to Science and Technology, Executive Order 12591. Executive Order 12591 implements the FTTA by directing the heads of federal agencies to delegate authority to their government-operated federal laboratories to enter into cooperative R&D agreements and to license, assign, or waive rights to intellectual property, which would include inventions and computer software that the laboratories develop. It promotes cooperation among federal, state, and local governments, industry and academia. Federal agencies are directed to improve their TT; the Departments of Agriculture, Commerce, Energy, and Health and Human Services, as well as the National Aeronautics and Space Administration (NASA), are to participate in the technology share program. The President's Commission on Executive Exchange is to assist federal agencies to develop exchange programs for scientists to work in their respective laboratories; and to seek U.S. government technologists to be assigned to U.S. embassies. Similar language is contained in the Trademark Clarification Act of 1984. Omnibus Trade and Competitiveness Act, 1988 (PL 100-418). The National Institute of Standards and Technology was established by the Omnibus Trade and Competitiveness Act of 1988, along with regional centers for the transfer of manufacturing technology to small-and medium-size firms. Sections 6101 et seq. of the bill established an Officer of Training Technology Transfer in the Department of Energy. The National Technical Information Service (NTIS), under contract, will compile, update, and distribute a government-wide inventory of training technologies. Training Technology Transfer Act 1988 (PL 100-418). The Training Technology Transfer Act augments federal programs for training new industrial workers and retraining workers displaced by new technologies, and facilitates the transfer of education and training software from federal agencies to the public and private sectors and to state and local governments and universities to support the education and retraining of industrial workers, especially workers in small businesses. The focal point of this activity was placed in the Department of Education's Office of Technology Transfer.

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The Role of Public Agencies in Fostering New Technology and Innovation in Building National Technical Information Act, 1988 (PL 100-519). The National Technical Information Act of 1980 amends the Stevenson-Wydler Technology Innovation Act to establish a Technology Administration in the Department of Commerce. It provides for the National Technical Information Corporation to supersede the NTIS. The corporation sets its fees for services. The Secretary of Commerce has responsibility for coordinating the program throughout the Executive Branch. Guest workers at federal laboratories are eligible for royalty sharing. National Competitiveness Technology Transfer Act, 1989 (PL 101-189). The purpose of the National Competitiveness Technology Transfer Act is to enhance U.S. national security by promoting technology transfer between government-owned, contractor-operated (GOCO) laboratories and the private sector, and to enhance collaboration among universities, the private sector, and GOCO laboratories. It amends the Stevenson-Wydler Technology Innovation Act of 1980. Procedures must be developed that disseminate information on opportunities to participate with the laboratories in technology transfer. Federal High Performance Computing Program, 1989. The Federal High-Performance Computing Program is coordinated by the Office of Science and Technology Policy to enhance high-performance computing capability. The program is important to the high-technology, small-business segment to give it the tools for accessing cutting-edge technology.