This Regulation is reissued under the authority of DoD Directive 3200.12, This Regulation authorizes the DoD Domestic Technology Transfer Program and is to ensure the full use of the nation's federal investment in R&D, stimulating The DoD Domestic Technology Transfer Program is separate and distinct from inter- Send recommended changes to this Regulation through channels to: Director, Office of Research and Laboratory Management DoD components may obtain copies of this Regulation through their own publica- 22161. M.L. Foll Milton L. Lohr (a) (b) REFERENCES Public Law 96-480, "Stevenson-Wydler Technology Innovation Act of 1980," Executive Order 12591, "Facilitating Access to Science and Technology," (c) Title 31, United States Code, Section 6303-6305, "Using Procurements, Grants and Cooperative Agreements" (d) Title 35, United States Code, Section 1-376, "Patent Act" (e) Title 7, United States Code, Section 2321-2583, "Plant Variety Protection Act" (f) DoD Directive 2040.2, "International Transfers of Technology, Goods, (g) DoD Directive 5230.24, "Distribution Statements on Technical Documents," March 18, 1987 (h) DoD Directive 5230.25, "Withholding of Unclassified Technical Data from Public Disclosure," November 6, 1984 (i) DoD Instruction 5120.16, "Department of Defense Incentive Awards Program: Policies and Standards," July 15, 1974 (j) DoD Directive 2140.2, "Recoupment of Nonrecurring Costs on Sales of U.S. Products and Technology," August 5, 1985 (k) Title 5, United States Code, Section 4504 "Presidential Awards" Application Assessment. DEFINITIONS A summary emphasizing the potential application of each technological development from DoD R&D projects that has potential usefulness to State and local governments or private industry. Cooperative Research and Development Agreement (CRDA). Any agreement between one or more Federal laboratories and one or more non-Federal parties under which the Government, through its laboratories, provides personnel, services, facilities, equipment, or other resources with or without reimbursement (but not funds to non-Federal parties) and the non-Federal parties provide funds, personnel, services, facilities, equipment, or other resources toward the conduct of specified research or development efforts that are consistent with the missions of the laboratory; except that such term does not include a procurement contract or cooperative agreement as those terms are used in 31 U.S.C. 6303-6305 (reference (c)) and as such the Federal Acquisition Regulation (FAR) and the DoD FAR Supplement are not applicable to these agreements. Federal Laboratory. Any federally funded R&D facility that is owned, leased, or otherwise used by a Federal Agency and funded by the Federal Government, whether operated by the Government or by a contractor. A substantial purpose of such a facility or activity is the performance of research, development, or engineering by employees of the Federal Government or a contracted facility having such a prescribed Government purpose. Federal Laboratory Consortium (FLC) for Technology Transfer. An organization of Federal Research and Development Laboratories and Centers chartered by P.L. 96-480 as amended by P.L. 99-502 (reference (a)) to identify and mobilize the necessary resources to provide the environment, the organization, and the necessary technology transfer mechanisms required to facilitate the fullest possible use of federally sponsored R&D results by both public and private sector potential users. Government Inventor. For purposes of this regulation Government inventors are all employees of the Federal Government and military personnel. Invention. As defined by reference (a) this is any innovation or discovery which is or may be patentable or otherwise protected under 35 U.S.C. (reference (d)), or any novel variety of plant which is or may be protected under the Plant Variety Protection Act, 7 U.S.C. 2321-2583, (reference (e)). Office of Research and Technology Applications (ORTA). A function established in each DoD R&D activity to coordinate the Domestic Technology Transfer Program and to perform the actions specified in reference (a) and other responsibilities as outlined in this Regulation. Research and Development Laboratory Budget. For the purpose of computing the monetary transfers required by Section 11 of reference (a) the research and development laboratory budget consists of all Program 6 "Research and Development" resources as defined in the DoD Planning, Programming, and Budget System that are allocated to the DoD Component's laboratories. CHAPTER 1 THE DOMESTIC TECHNOLOGY TRANSFER PROGRAM A. Policy To achieve the maximum national benefit from DoD scientific and technical efforts as required by P.L. 96-480 and E.0. 12591 (references (a) and (b)), it is DoD policy to: 1. Encourage the dissemination of scientific and technical information, data, and know-how developed by or for the Department of Defense to State and local governments and to the private sector, consistent with the requirements of U.S. national security. 2. Promote the sharing of technology that fosters the advance of science or that has commercial potential and thus should be employed to best advantage for the security and socio-economic well-being of the United States. 3. Support coordination between the industrial, academic, and Government R&D activities of the United States by cooperating in the sharing of plans for future research efforts and the sharing of facilities as appropriate. 4. Support cooperative efforts to stimulate industrial innovation, especially in small businesses. 5. Support and encourage the exchange of scientific and technical personnel among academic, industry, and the DoD laboratories. 6. Support the domestic technology transfer process as an integral part of the R&D effort and incorporate domestic technology transfer objectives into the mission of each appropriate R&D activity. 7. Encourage domestic technology transfer in the workplace through its recognition in position descriptions, in promotion policies, in monetary awards, and in performance evaluations for appropriate scientific and engineering personnel. 8. Ensure that R&D activities have at least one full-time equivalent position responsible for performing the functions of an Office of Research and Technology Applications (ORTA) at any activity having over 200 full-time equivalent professional scientific, engineering, and related technical personnel. A full-time position for any activity with less than 200 professional scientific and engineering personnel is optional. 9. Ensure that domestic technology transfer functions do not compete substantially with similar services available in the private sector. 10. Ensure that the Domestic Technology Transfer Program does not conflict with export control regulations, policies governing militarily critical technology, policy requirements of recouping DoD nonrecurring costs, or any of the responsibilities and procedures for technology transfer control in DoD Directives, Instructions, and publications. Control policies are addressed in DoD |