
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2514]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE 
                  REINVESTMENT, AND DEFENSE CONVERSION
 
 SUBCHAPTER III--PROGRAMS FOR DEVELOPMENT, APPLICATION, AND SUPPORT OF 
                          DUAL-USE TECHNOLOGIES
 
Sec. 2514. Encouragement of technology transfer

    (a) Encouragement of Transfer Required.--The Secretary of Defense 
shall encourage, to the extent consistent with national security 
objectives, the transfer of technology between laboratories and research 
centers of the Department of Defense and other Federal agencies, State 
and local governments, colleges and universities, and private persons in 
cases that are likely to result in accomplishing the objectives set 
forth in section 2501(a) of this title.
    (b) Examination and Implementation of Methods To Encourage 
Transfer.--The Secretary shall examine and implement methods, in 
addition to the encouragement referred to in subsection (a) and the 
program described in subsection (c), that are consistent with national 
security objectives and will enable Department of Defense personnel to 
promote technology transfer.
    (c) Program To Encourage Diversification of Defense Laboratories.--
(1) The Secretary of Defense shall establish and implement a program to 
be known as the Federal Defense Laboratory Diversification Program 
(hereinafter in this subsection referred to as the ``Program''). The 
purpose of the Program shall be to encourage greater cooperation in 
research and production activities carried out by defense laboratories 
and by private industry of the United States in order to enhance and 
improve the products of such research and production activities.
    (2) Under the Program, the defense laboratories, in coordination 
with the Office of Technology Transfer in the Office of the Secretary of 
Defense, shall carry out cooperative activities with private industry in 
order to promote (by the use or exchange of patents, licenses, 
cooperative research and development agreements and other cooperative 
agreements, and the use of symposia, meetings, and other similar 
mechanisms) the transfer of defense or dual-use technologies from the 
defense laboratories to private industry, and the development and 
application of such technologies by the defense laboratories and private 
industry, for the purpose of the commercial utilization of such 
technologies by private industry.
    (3) The Secretary of Defense shall develop and annually update a 
plan for each defense laboratory that participates in the Program under 
which plan the laboratory shall carry out cooperative activities with 
private industry to promote the transfers described in subsection (b).
    (4) In this subsection, the term ``defense laboratory'' means any 
laboratory owned or operated by the Department of Defense that carries 
out research in fiscal year 1993 in an amount in excess of $50,000,000.

(Added Pub. L. 102-484, div. D, title XLII, Sec. 4224(a), Oct. 23, 1992, 
106 Stat. 2682; amended Pub. L. 104-201, div. A, title VIII, 
Sec. 829(f), Sept. 23, 1996, 110 Stat. 2614.)


                            Prior Provisions

    A prior section 2514, added Pub. L. 101-510, div. A, title VIII, 
Sec. 823(a)(3), Nov. 5, 1990, 104 Stat. 1601, directed Secretary of 
Defense to enhance research relating to manufacturing technology, prior 
to repeal by Pub. L. 102-484, Sec. 4202(a).
    Provisions similar to those in subsecs. (a) and (b) of this section 
were contained in section 2363 of this title prior to repeal by Pub. L. 
102-484, Secs. 4224(c), 4271(a)(2).


                               Amendments

    1996--Subsec. (c)(5). Pub. L. 104-201 struck out par. (5) which read 
as follows: ``The Secretary shall coordinate the Program with the 
National Defense Technology and Industrial Base Council.''


    National Action Plan on Advanced Superconductivity Research and 
                               Development

    Superconductivity research and development activities by Secretary 
of Defense and by Defense Advanced Research Projects Agency, see section 
5207 of Title 15, Commerce and Trade.


                  Technology Transfer to Private Sector

    Pub. L. 100-180, div. A, title II, Sec. 218(c), Dec. 4, 1987, 101 
Stat. 1053, as amended by Pub. L. 103-160, div. A, title IX, 
Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106-65, div. A, 
title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided that:
    ``(1) The Secretary of Defense, acting through the Under Secretary 
of Defense for Acquisition, Technology, and Logistics, shall take 
appropriate action to ensure that high-temperature superconductivity 
technology resulting from the research activities of the Department of 
Defense is transferred to the private sector. Such transfer shall be 
made in accordance with section 10(e) of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710(e)), other applicable provisions 
of law, and Executive Order Number 12591, dated April 10, 1987 [set out 
as a note under 15 U.S.C. 3710].
    ``(2) The Secretary of Energy, in consultation with the Under 
Secretary of Defense for Acquisition, Technology, and Logistics, shall 
ensure that the national laboratories of the Department of Energy 
participate, to the maximum appropriate extent, in the transfer to the 
private sector of technology developed under the Department of Defense 
superconductivity program in the national laboratories.''
