Page:United States Statutes at Large Volume 98 Part 3.djvu/995

 PUBLIC LAW 98-620—NOV. 8, 1984

98 STAT. 3367

that increase the licensing potential of other inventions of the facility; provided that if said balance exceeds 5 percent of the annual budget of the facility, that 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent shall be used for the same purposes as described above in this clause (D); and (ii) that, to the extent it provides the most effective technology transfer, the licensing of subject inventions shall be administered by contractor employees on location at the facility." (9) by adding "(1. before the word "With" in the first line of section 203, and by adding at the end of section 203 the following: "(2) A determination pursuant to this section or section 202(b)(4) shall not be subject to the Contract Disputes Act (41 U.S.C. § 601 et seq.). An administrative appeals procedure shall be established by regulations promulgated in accordance with section 206. Additionally, any contractor, inventor, assignee, or exclusive licensee adversely affected by a determination under this section may, at any time within sixty days after the determination is issued, file a petition in the United States Claims Court, which shall have jurisdiction to determine the appeal on the record and to affirm, reverse, remand or modify, ", as appropriate, the determination of the Federal agency. In cases described in paragraphs (a) and (c), the agency's determination shall be held in abeyance pending the exhaustion of appeals or petitions filed under the preceding sentence."; (10) by amending section 206 to read as follows: "§ 206. Uniform clauses and regulations "The Secretary of Commerce may issue regulations which may be made applicable to Federal agencies implementing the provisions of sections 202 through 204 of this chapter and shall establish standard funding agreement provisions required under this chapter. The regulations and the standard funding agreement shall be subject to public comment before their issuance."; (11) in section 207 by inserting "(a)" before "Each Federal" and by adding the following new subsection at the end thereof: "(b) For the purpose of assuring the effective management of Government-owned inventions, the Secretary of Commerce is authorized to— "(1) assist Federal agency efforts to promote the licensing and utilization of Government-owned inventions; "(2) assist Federal agencies in seeking protection and maintaining inventions in foreign countries, including the payment of fees and costs connected therewith; and "(3) consult with and advise Federal agencies as to areas of science and technology research and development with potential for commercial utilization."; and (12) in section 208 by striking out "Administrator of General Services" and inserting in lieu thereof "Secretary of Commerce". (13) by deleting from the first sentence of section 210(c), "August 23, 1971 (36 Fed. Reg. 16887)" and inserting in lieu thereof "February 18, 1983", and by inserting the following before the period at the end of the first sentence of section 210(c) "except that all funding agreements, including those with other than small business firms and nonprofit organizations, shall

35 USC 203.

Regulations.

35 USC 206.

contracts with U.S. Grants.

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