PUBLIC LAW 100-418—AUG. 23, 1988
102 STAT. 1435
"(3) Any nonprofit institution, or group thereof, or consortia of nonprofit institutions, including entities existing on the date of the enactment of this section, may submit to the Secretary an application for financial support under this subsection, in accordance with the procedures established by the Secretary and published in the Federal Roister under paragraph (2). In order to receive assistance under this section, an applicant shall provide adequate assurances that it will contribute 50 percent or more of the proposed Center's capital and annual operating and maintenance costs for the first three years and an increasing share for each of the last three years. Each applicant shall also submit a proposal for the allocation of the l ^ a l rights associated with any invention which may result from the proposed Center's activities. "(4) The Secretary shall subject each such application to merit review. In making a decision whether to approve such application and provide financial support under this subsection, the Secretary shall consider at a minimum (A) the merits of the application, particularly those portions of the application regarding technology transfer, training and education, and adaptation of manufacturing technol(^es to the needs of particular industrial sectors, (B) the quality of service to be provided, (C) geogrsLphical diversity and extent of service area, and (D) the percentage of funding and amount of in-kind commitment from other sources. "(5) Each Center which receives financial assistance under this section shall be evaluated during its third year of operation by an evaluation panel appointed by the Secretary. E^ach such evaluation panel shall be composed of private experts, none of whom shall be connected with the involved Center, and Federal officials. An official of the Institute shall chair the panel. Each evaluation panel shall measure the involved Center's performance against the objectives specified in this section. The Secretary shall not provide funding for the fourth through the sixth years of such Center's operation unless the evaluation is positive. If the evaluation is positive, the Secretary may provide continued funding through the sixth year at declining levels, which are designed to ensure that the Center no longer needs financial support from the Institute by the seventh year. In no event shall fundii^ for a Center be provided by the Department of Commerce after the sixth year of the operation of a Center. "(6) The provisions of chapter 18 of title 35, United States Code, shall (to the extent not inconsistent with this section) apply to the promotion of technology from research by Centers under this section. "(d) There are authorized to be appropriated for the purposes of Appropriation carrying out this section, a combined total of not to exceed authorization. $40,000,000 for fiscal years 1989 and 1990. Such sums shall remain available until expended. "ASSISTANCE TO STATE TECHNOLOGY PROGRAMS
"SEC. 26. (a) In addition to the (Denters p n ^ a m created under 15 USC 278/. section 25, the Secretary, through the Director and, if appropriate, through other officials, shall provide technical assistance to State technology programs throughout the United States, in order to help those programs help businesses, particularly small- and mediumsized businesses, to enhance their competitiveness through ttie application of science and technology.