Page:United States Statutes at Large Volume 106 Part 1.djvu/49

 PUBLIC LAW 102-245—FEB. 14, 1992 106 STAT. 17 of a joint venture or the initiation of a new research and development project by an existing joint venture.". (6) Section 28(d) oi the National Institute of Standards and Technology Act (15 U.S.C. 278n(d)(7)) is amended— (A) by striking paragraph (7); (B) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (C) by adding at the end the following new paragraphs: "(9) A company shall be eligible to receive financial assistance under this section only if— "(A) the Secretary finds that the company's participation in the Program woxild be in the economic interest of the United States, as evidenced by investments in the United States in research, development, and manufacturing (including, for example, the manufacture of major components or subeissemblies in the United States); significant contributions to employment in the United States; and agreement with respect to any technology arising from assistsince provided under this section to promote the manufacture within the United States of products resulting from that technology (taking into account the goals of promoting the competitiveness of United States industry), and to procure parts and materials from competitive suppliers; and "(B) either— "(i) the company is a United States-owned compsiny; or "(ii) the Secretary finds that the company is incorporated in the United States and hcis a parent company which is incorporated in a country which affords to United States-owned companies opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those authorized \inder this Act; affords to United States-owned companies local investment opportunities compEurable to those afforded to any other company; and affords adequate and effective protection for the intellectual property rights of United States-owned companies. "(10) Greints, contracts, and cooperative assignments under this section shall be designed to support projects which are high risk and which have the potential for eventual substantial widespread commercial application. In order to receive a grant, contract, or cooperative agreement under this section, a research and development entity shall demonstrate to the Secretary the requisite ability in research and technology development and management in the project area in which the grant, contract, or cooperative agreement is being sought. "(11)(A) Title to any intellectual property arising from assistance provided under this section shall vest in a company or companies incorporated in the United States. The United States may reserve a nonexclusive, nontransferable, irrevocable paidup license, to have practiced for or on behalf of the United States, in connection with any such intellectual property, but shall not, in the exercise of such license, publicly disclose proprietary information related to the license. Title to any such intellectual property shall not be transferred or passed, except to a company incorporated in the United States, until the

�