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Stevenson Wydler Act – 15 U.S.C. 3701 et seq. V2


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TITLE 15–COMMERCE AND TRADE

CHAPTER 63–TECHNOLOGY INNOVATION

Sec. 3701. Findings

The Congress finds and declares that:

(1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States.

(2) Technology and industrial innovation offer and improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets.

(3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened.

(4) Small businesses have performed an important role in advancing industrial and technological innovation.

(5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations.

(6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices.

(7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy.

(8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, including a strong national policy supporting domestic technology transfer and utilization of the science and technology resources of the Federal Government.

(9) It is in the national interest to promote the adaptation of technological innovations to State and local government uses. Technological innovations can improve services, reduce their costs, and increase productivity in State and local governments.

(10) The Federal laboratories and other performers of federally funded research and development frequently provide scientific and technological developments of potential use to State and local governments and private industry. These developments, which include inventions, computer software, and training technologies, should be made accessible to those governments and industry. There is a need to provide means of access and to give adequate personnel and funding support to these means.

(11) The Nation should give fuller recognition to individuals and companies which have made outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental, or social well-being of the United States.

(Pub. L. 96-480, Sec. 2, Oct. 21, 1980, 94 Stat. 2311; Pub. L. 99-502, Sec. 9(f)(1), Oct. 20, 1986, 100 Stat. 1797.)

Amendments



1986–Par. (10). Pub. L. 99-502 inserted “, which include inventions, computer software, and training technologies,”.

Sec. 3702. Purpose

It is the purpose of this chapter to improve the economic, environmental, and social well-being of the United States by–

(1) establishing organizations in the executive branch to study and stimulate technology;

(2) promoting technology development through the establishment of cooperative research centers;

(3) stimulating improved utilization of federally funded technology developments, including inventions, software, and training technologies, by State and local governments and the private sector;

(4) providing encouragement for the development of technology through the recognition of individuals and companies which have made outstanding contributions in technology; and

(5) encouraging the exchange of scientific and technical personnel among academia, industry, and Federal laboratories.

(Pub. L. 96-480, Sec. 3, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99-502, Sec. 9(b)(1), (f)(2), Oct. 20, 1986, 100 Stat. 1795, 1797.)

Amendments



1986–Par. (2). Pub. L. 99-502, Sec. 9(b)(1), substituted “cooperative research centers” for “centers for industrial technology”. Par. (3). Pub. L. 99-502, Sec. 9(f)(2), inserted “, including inventions, software, and training technologies,”.

Sec. 3708. Administrative arrangements

(a) Coordination

The Secretary and the National Science Foundation shall, on a continuing basis, obtain the advice and cooperation of departments and agencies whose missions contribute to or are affected by the programs established under this chapter, including the development of an agenda for research and policy experimentation. These departments and agencies shall include but not be limited to the Departments of Defense, Energy, Education, HeALTh and Human Services, Housing and Urban Development, the Environmental Protection Agency, National Aeronautics and Space Administration, Small Business Administration, Council of Economic Advisers, Council on Environmental Quality, and Office of Science and Technology Policy.

(b) Cooperation

It is the sense of the Congress that departments and agencies, including the Federal laboratories, whose missions are affected by, or could contribute to, the programs established under this chapter, should, within the limits of budgetary authorizations and appropriations, support or participate in activities or projects authorized by this chapter.

(c) Administrative authorization

(1) Departments and agencies described in subsection (b) of this section are authorized to participate in, contribute to, and serve as resources for the Centers and for any other activities authorized under this chapter.
(2) The Secretary and the National Science Foundation are authorized to receive moneys and to receive other forms of assistance from other departments or agencies to support activities of the Centers and any other activities authorized under this chapter.

(d) Cooperative efforts

The Secretary and the National Science Foundation shall, on a continuing basis, provide each other the opportunity to comment on any proposed program of activity under section 3705, 3707, 3710, 3710d, 3711a, or 3712 of this title before funds are committed to such program in order to mount complementary efforts and avoid duplication.
(Pub. L. 96-480, Sec. 10, formerly Sec. 9, Oct. 21, 1980, 94 Stat. 2316; Pub. L. 99-502, Sec. 9(e)(2)(C), Oct. 20, 1986, 100 Stat. 1797; Pub. L. 100-107, Sec. 3(b), Aug. 20, 1987, 101 Stat. 727; renumbered Sec. 10 and amended Pub. L. 100-418, title V, Sec. 5122(a)(1), (c), Aug. 23, 1988, 102 Stat. 1438, 1439; Pub. L. 102-240, title VI, Sec. 6019, Dec. 18, 1991, 105 Stat. 2183.)

Prior Provisions

A prior section 10 of Pub. L. 96-480 was renumbered section 11 by Pub. L. 100-418 and is classified to section 3710 of this title. Another prior section 10 of Pub. L. 96-480, related to the National Industrial Technology Board and was classified to section 3709 of this title, prior to repeal by section 9(a) of Pub. L. 99-502.
Amendments

1991–Subsec. (d). Pub. L. 102-240 made technical amendment to reference to section 3712 of this title to reflect renumbering of corresponding section of original act. 1988–Subsec. (d). Pub. L. 100-418, Sec. 5122(c), made technical amendment to references to sections 3705, 3707, 3710, 3710d, 3711a, and 3712 of this title to reflect renumbering of corresponding sections of original act. 1987–Subsec. (d). Pub. L. 100-107 inserted reference to section 3711a of this title. 1986–Subsec. (d). Pub. L. 99-502 inserted references to sections 3710 and 3710d of this title.
Sec. 3710. Utilization of Federal technology–(a) Policy.
(1) It is the continuing responsibility of the Federal Government to ensure the full use of the results of the Nation’s Federal investment in research and development. To this end the Federal Government shall strive where appropriate to transfer federally owned or originated technology to State and local governments and to the private sector.
(2) Technology transfer, consistent with mission responsibilities, is a responsibility of each laboratory science and engineering professional.
(3) Each laboratory director shall ensure that efforts to transfer technology are considered positively in laboratory job descriptions, employee promotion policies, and evaluation of the job performance of scientists and engineers in the laboratory.
(b) Establishment of Research and Technology Applications Offices. Each Federal laboratory shall establish an Office of Research and technology Applications. Laboratories having existing organizational structures which perform the functions of this section may elect to combine the Office of Research and Technology Applications within the existing organization. The staffing and funding levels for these offices shall be determined between each Federal laboratory and the Federal agency operating or directing the laboratory, except that
(1) each laboratory having 200 or more full-time equivalent scientific, engineering, and related technical positions shall provide one or more full-time equivalent positions as staff for its Office of Research and Technology Applications, and
(2) each Federal agency which operates or directs one or more Federal laboratories shall make available sufficient funding, either as a separate line item or from the agency’s research and development budget, to support the technology transfer function at the agency and at its laboratories, including support of the Offices of Research and Technology Applications. Furthermore, individuals filling positions in an Office of Research and Technology Applications shall be included in the overall laboratory/agency management development program so as to ensure that highly competent technical managers are full participants in the technology transfer process. The agency head shall submit to Congress at the time the President submits the budget to Congress an explanation of the agency’s technology transfer program for the preceding year and the agency’s plans for conducting its technology transfer function for the upcoming year, including plans for securing intellectual property rights in laboratory innovations with commercial promise and plans for managing such innovations so as to benefit the competitiveness of United States industry.
(c) Functions of Research and Technology Applications Offices. It shall be the function of each Office of Research and Technology Applications–
(1) to prepare application assessments for selected research and development projects in which that laboratory is engaged and which in the opinion of the laboratory may have potential commercial applications;
(2) to provide and disseminate information on federally owned or originated products, processes, and services having potential application to State and local governments and to private industry;
(3) to cooperate with and assist the National Technical for Technology Transfer, and other organizations which link the research and development resources of that laboratory and the Federal Government as a whole to potential users in State and local government and private industry;
(4) to provide technical assistance to State and local government officials; and
(5) to participate, where feasible, in regional, State, and local programs designed to facilitate or stimulate the transfer of technology for the benefit of the region, State, or local jurisdiction in which the Federal laboratory is located. Agencies which have established organizational structures outside their Federal laboratories which have as their principal purpose the transfer of federally owned or originated technology to State and local government and to the private sector may elect to perform the functions of this subsection in such organizational structures. No Office of Research and Technology Applications or other organizational structures performing the functions of this subsection shall substantially compete with similar services available in the private sector.
(d) Dissemination of technical information The National Technical Information Service shall–
(1) serve as a central clearinghouse for the collection, dissemination and transfer of information on federally owned or originated technologies having potential application to State and local governments and to private industry;
(2) utilize the expertise and services of the National Science Foundation and the Federal Laboratory Consortium for Technology Transfer; particularly in dealing with State and local governments;
(3) receive requests for technical assistance from State and local governments, respond to such requests with published information available to the Service, and refer such requests to the Federal Laboratory Consortium for Technology Transfer to the extent that such requests require a response involving more than the published information available to the Service;
(4) provide funding, at the discretion of the Secretary, for Federal laboratories to provide the assistance specified in subsection (c)(3) of this section;
(5) use appropriate technology transfer mechanisms such as personnel exchanges and computer-based systems; and
(6) maintain a permanent archival repository and clearinghouse for the collection and dissemination of nonclassified scientific, technical, and engineering information.
(e) Establishment of Federal Laboratory Consortium for Technology Transfer.
(1) There is hereby established the Federal Laboratory Consortium for Technology Transfer (hereinafter referred to as the “Consortium”) which, in cooperation with Federal Laboratories and the private sector, shall (A) develop and (with the consent of the Federal laboratory concerned) administer techniques, training courses, and materials concerning technology transfer to increase the awareness of Federal laboratory employees regarding the commercial potential of laboratory technology and innovations;
(B) furnish advice and assistance requested by Federal agencies and laboratories for use in their technology transfer programs (including the planning of seminars for small business and other industry);
(C) provide a clearinghouse for requests, received at the laboratory level, for technical assistance from States and units of local governments, businesses, industrial development organizations, not-for-profit organizations including universities, Federal agencies and laboratories, and other persons, and–
(i) to the extent that such requests can be responded to with published information available to the National Technical Information Service, refer such requests to that Service, and
(ii) otherwise refer these requests to the appropriate Federal laboratories and agencies;
(D) facilitate communication and coordination between Offices of Research and Technology Applications of Federal laboratories;
(E) utilize (with the consent of the agency involved) the expertise and services of the National Science Foundation, the Department of Commerce, the National Aeronautics and Space Administration, and other Federal agencies, as necessary;
(F) with the consent of any Federal laboratory, facilitate the use by such laboratory of appropriate technology transfer mechanisms such as personnel exchanges and computer-based systems;
(G) with the consent of any Federal laboratory, assist such laboratory to establish programs using technical volunteers to provide technical assistance to communities related to such laboratory;
(H) facilitate communication and cooperation between Offices of Research and Technology Applications of Federal laboratories and regional, State, and local technology transfer organizations;
(I) when requested, assist colleges or universities, businesses, nonprofit organizations, State or local governments, or regional organizations to establish programs to stimulate research and to encourage technology transfer in such areas as technology program development, curriculum design, long-term research planning, personnel needs projections, and productivity assessments; and
(J) seek advice in each Federal laboratory consortium region from representatives of State and local governments, large and small business, universities, and other appropriate persons on the effectiveness of the program (and any such advice shall be provided at no expense to the Government).
(2) The membership of the Consortium shall consist of the Federal laboratories described in clause (1) of subsection (b) of this section and such other laboratories as may choose to join the Consortium. The representatives to the Consortium shall include a senior staff member of each Federal laboratory which is a member of the Consortium and a senior representative appointed from each Federal agency with one or more member laboratories.
(3) The representatives to the Consortium shall elect a Chairman of the Consortium.
(4) The Director of the National Institute of Standards and Technology shall provide the Consortium, on a reimbursable basis, with administrative services, such as office space, personnel, and support services of the Institute, as requested by the Consortium and approved by such Director.
(5) Each Federal laboratory or agency shall transfer technology directly to users or representatives of users, and shall not transfer technology directly to the Consortium. Each Federal laboratory shall conduct and transfer technology only in accordance with the practices and policies of the Federal agency which owns, leases, or otherwise uses such Federal laboratory.
(6) Not later than one year after October 20, 1986, and every year thereafter, the Chairman of the Consortium shall submit a report to the President, to the appropriate authorization and appropriation committees of both Houses of the Congress, and to each agency with respect to which a transfer of funding is made (for the fiscal year or years involved) under paragraph (7), concerning the activities of the Consortium and the expenditures made by it under this subsection during the year for which the report is made. Such report shall include an annual independent audit of the financial statements of the Consortium, conducted in accordance with generally accepted accounting principles.
(7)(A) Subject to subparagraph (B), an amount equal to 0.008 percent of the budget of each Federal agency from any Federal source, including related overhead, that is to be utilized by or on behalf of the laboratories of such agency for a fiscal year referred to in subparagraph (B)(ii) shall be transferred by such agency to the National Institute of Standards and Technology at the beginning of the fiscal year involved. Amounts so transferred shall be provided by the Institute to the Consortium for the purpose of carrying out activities of the Consortium under this subsection.

(B) A transfer shall be made by any Federal agency under subparagraph (A), for any fiscal year, only if–
(i) the amount so transferred by that agency (as determined under such subparagraph) would exceed $10,000; and
(ii) such transfer is made with respect to the fiscal year 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, or 1996.

(C) The heads of Federal agencies and their designees, and the directors of Federal laboratories, may provide such additional support for operations of the Consortium as they deem appropriate.< br/>
(f) Agency reporting
Each Federal agency which operates or directs one or more Federal laboratories shall report annually to the Congress, as part of the agency’s annual budget submission, on the activities performed by that agency and its Federal laboratories pursuant to the provisions of this section.

(g) Functions of Secretary
(1) The Secretary, through the Under Secretary, and in consultation with other Federal agencies, may–

(A) make available to interested agencies the expertise of the Department of Commerce regarding the commercial potential of inventions and methods and options for commercialization which are available to the Federal laboratories, including research and development limited partnerships;

(B) develop and disseminate to appropriate agency and laboratory personnel model provisions for use on a voluntary basis in cooperative research and development arrangements; and

(C) furnish advice and assistance, upon request, to Federal agencies concerning their cooperative research and development programs and projects.

(2) Two years after October 20, 1986, and every two years thereafter, the Secretary shall submit a summary report to the President and the Congress on the use by the agencies and the Secretary of the authorities specified in this chapter. Other Federal agencies shall cooperate in the report’s preparation.

(3) Not later than one year after October 20, 1986, the Secretary shall submit to the President and the Congress a report regarding–
(A) any copyright provisions or other types of barriers which tend to restrict or limit the transfer of federally funded computer software to the private sector and to State and local governments, and agencies of such State and local governments; and
(B) the feasibility and cost of compiling and maintaining a current and comprehensive inventory of all federally funded training software.
(h) Repealed. Pub. L. 100-519, title II, Sec. 212(a)(4), Oct. 24, 1988, 102 Stat. 2595
(i) Research equipment

The Director of a laboratory, or the head of any Federal agency or department, may give research equipment that is excess to the needs of the laboratory, agency, or department to an educational institution or nonprofit organization for the conduct of technical and scientific education and research activities. Title of ownership shall transfer with a gift under the\2\ section.
(Pub. L. 96-480, Sec. 11, Oct. 21, 1980, 94 Stat. 2318; renumbered Sec. 10 and amended Pub. L. 99-502, Secs. 3-5, 9(e)(1), Oct. 20, 1986, 100 Stat. 1787, 1789, 1791, 1797; renumbered Sec. 11 and amended Pub. L. 100-418, title V, Secs. 5115(b)(2), 5122(a)(1), 5162(b), 5163(c)(1), (3), Aug. 23, 1988, 102 Stat. 1433, 1438, 1450, 1451; Pub. L. 100-519, title II, Secs. 201(d)(3), 212(a)(4), Oct. 24, 1988, 102 Stat. 2594, 2595; Pub. L. 101-189, div. C, title XXXI, Sec. 3133(e), Nov. 29, 1989, 103 Stat. 1679; Pub. L. 102-245, title III, Secs. 301, 303, Feb. 14, 1992, 106 Stat. 19, 20.)

Amendments

1992–Subsec. (e)(2). Pub. L. 102-245, Sec. 301(a), inserted “senior” before “representative”. Subsec. (e)(6). Pub. L. 102-245, Sec. 301(b), inserted at end “Such report shall include an annual independent audit of the financial statements of the Consortium, conducted in accordance with generally accepted accounting principles.” Subsec. (e)(7)(B)(ii). Pub. L. 102-245, Sec. 301(c), substituted “1991, 1992, 1993, 1994, 1995, or 1996” for “or 1991”. Subsec. (e)(8). Pub. L. 102-245, Sec. 301(d), struck out former par. (8) which read as follows:

“(A) The Consortium shall use 5 percent of the funds provided in paragraph (7)(A) to establish demonstration projects in technology transfer. To carry out such projects, the Consortium may arrange for grants or awards to, or enter into agreements with, nonprofit State, local, or private organizations or entities whose primary purposes are to facilitate cooperative research between the Federal laboratories and organizations not associated with the Federal laboratories, to transfer technology from the Federal laboratories, and to advance State and local economic activity.
“(B) The demonstration projects established under subparagraph (A) shall serve as model programs. Such projects shall be designed to develop programs and mechanisms for technology transfer from the Federal laboratories which may be utilized by the States and which will enhance Federal, State, and local programs for the transfer of technology.>br /> “(C) Application for such grants, awards, or agreements shall be in such form and contain such information as the Consortium or its designee shall specify.
“(D) Any person who receives or utilizes any proceeds of a grant or award made, or agreement entered into, under this paragraph shall keep such records as the Consortium or its designee shall determine are necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition of such proceeds and the total cost of the project in connection with which such proceeds were used.”


Subsec. (i). Pub. L. 102-245, Sec. 303, added subsec. (i).

1989–Subsec. (b). Pub. L. 101-189 struck out “after September 30, 1981,” after “(2)”, substituted “sufficient funding, either as a separate line item or from the agency’s research and development budget,” for “not less than 0.5 percent of the agency’s research and development budget”, struck out “agency head may waive the requirement set forth in clause (2) of the preceding sentence. If the agency head waives such requirement, the” after “transfer process. The”, and substituted “agency’s technology transfer program for the preceding year and the agency’s plans for conducting its technology transfer function for the upcoming year, including plans for securing intellectual property rights in laboratory innovations with commercial promise and plans for managing such innovations so as to benefit the competitiveness of United States industry” for “reasons for the waiver and alternate plans for conducting the technology transfer function at the agency”.

1988–Subsec. (d)(6). Pub. L. 100-418, Sec. 5163(c)(3), added par. (6). Subsec. (e)(4). Pub. L. 100-418, Sec. 5115(b)(2), substituted “National Institute of Standards and Technology” for “National Bureau of Standards” and “Institute” for “Bureau”. Subsec. (e)(7)(A). Pub. L. 100-418, Sec. 5162(b), substituted “0.008 percent of the budget of each Federal agency from any Federal source, including related overhead, that is to be utilized by or on behalf of” for “0.005 percent of that portion of the research and development budget of each Federal agency that is to be utilized by”. Pub. L. 100-418, Sec. 5115(b)(2), substituted “National Institute of Standards and Technology” for “National Bureau of Standards” and “Institute” for “Bureau”. Subsec. (g)(1). Pub. L. 100-519, Sec. 201(d)(3), inserted reference to the Under Secretary. Subsec. (h). Pub. L. 100-519, Sec. 212(a)(4), struck out subsec. (h) which read as follows: “None of the activities or functions of the National Technical Information Service which are not performed by contractors as of September 30, 1987, shall be contracted out or otherwise transferred from the Federal Government unless such transfer is expressly authorized by statute, or unless the value of all work performed under the contract and related contracts in each fiscal year does not exceed $250,000.” Pub. L. 100-418, Sec. 5163(c)(1), added subsec. (h).

1986–Subsec. (a). Pub. L. 99-502, Sec. 4(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (b). Pub. L. 99-502, Sec. 4(b)(1), substituted “200 or more full-time equivalent scientific, engineering, and related technical positions shall provide one or more full-time equivalent positions” for “a total annual budget exceeding $20,000,000 shall provide at least one professional individual full-time”, inserted “Furthermore, individuals filling positions in an Office of Research and Technology Applications shall be included in the overall laboratory/agency management development program so as to ensure that highly competent technical managers are full participants in the technology transfer process.”, substituted “requirement set forth in clause (2) of the preceding sentence” for “requirements set forth in (1) and/or (2) of this subsection”, and substituted “such requirement” for “either requirement (1) or (2)”. Subsec. (c)(1). Pub. L. 99-502, Sec. 4(b)(2)(A), added par. (1) and struck out former par. (1) which read as follows: “to prepare an application assessment of each research and development project in which that laboratory is engaged which has potential for successful application in State or local government or in private industry;”. Subsec. (c)(3). Pub. L. 99-502, Sec. 4(b)(2)(B), substituted “the National Technical Information Service, the Federal Laboratory Consortium for Technology Transfer,” for “the Center for the Utilization of Federal Technology” and struck out “and” after the semicolon. Subsec. (c)(4). Pub. L. 99-502, Sec. 4(b)(2)(C), substituted “to State and local government officials; and” for “in response to requests from State and local government officials.”. Subsec. (c)(5). Pub. L. 99-502, Sec. 4(b)(2)(D), added par. (5). Subsec. (d). Pub. L. 99-502, Sec. 4(c)(1), substituted “The National Technical Information Service shall” for “There is hereby established in the Department of Commerce a Center for the Utilization of Federal Technology. The Center for the Utilization of Federal Technology shall” in introductory par. Subsec. (d)(2). Pub. L. 99-502, Sec. 4(c)(2), (3), redesignated par. (3) as (2) and struck out “existing” before “Federal Laboratory”. Former par. (2), which required the Center for the Utilization of Federal Technology to coordinate the activities of the Offices of Research and Technology Applications of the Federal laboratories, was struck out. Subsec. (d)(3). Pub. L. 99-502, Sec. 4(c)(4), added par. (3). Former par. (3) redesignated (2). Subsec. (d)(4). Pub. L. 99-502, Sec. 4(c)(4)-(6), redesignated par. (5) as (4) and substituted “subsection (c)(3)” for “subsection (c)(4)”. Former par. (4), which required the Center for the Utilization of Federal Technology to receive requests for technical assistance from State and local governments and refer those requests to the appropriate Federal laboratories, was struck out. Subsec. (d)(5), (6). Pub. L. 99-502, Sec. 4(c)(5), redesignated pars. (5) and (6) as (4) and (5), respectively. Subsecs. (e), (f). Pub. L. 99-502, Secs. 3, 4(d), added subsec. (e), redesignated former subsec. (e) as (f), substituted “report annually to the Congress, as part of the agency’s annual budget submission, on the activities” for “prepare biennially a report summarizing the activities”, and struck out “The report shall be transmitted to the Center for the Utilization of Federal Technology by November 1 of each year in which it is due.” Subsec. (g). Pub. L. 99-502, Sec. 5, added subsec. (g).

Ex. Ord. No. 12591. Facilitating Access to Science and Technology, Apr. 10, 1987, 52 F.R. 13414, as amended by Ex.Ord. No. 12618, Dec. 22, 1987, 52 F.R. 48661, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Technology Transfer Act of 1986 (Public Law 99-502) [see Short Title of 1986 Amendments note set out under section 3701 of this title], the Trademark Clarification Act of 1984 (Public Law 98-620) [see Short Title of 1984 Amendment note set out under section 1051 of this title], and the University and Small Business Patent Procedure Act of 1980 (Public Law 96-517) and in order to ensure that Federal agencies and laboratories assist universities and the private sector in broadening our technology base by moving new knowledge from the research laboratory into the development of new products and processes, it is hereby ordered as follows:

Section 1. Transfer of Federally Funded Technology.
(a) The head of each Executive department and agency, to the extent permitted by law, shall encourage and facilitate collaboration among Federal laboratories, State and local governments, universities, and the private sector, particularly small business, in order to assist in the transfer of technology to the marketplace.
(b) The head of each Executive department and agency shall, within overall funding allocations and to the extent permitted by law:

(1) delegate authority to its government-owned, government-operated Federal laboratories:
(A) to enter into cooperative research and development agreements with other Federal laboratories, State and local governments, universities, and the private sector; and
(B) to license, assign, or waive rights to intellectual property developed by the laboratory either under such cooperative research or development agreements and from within individual laboratories.
(2) identify and encourage persons to act as conduits between and among Federal laboratories, universities, and the private sector for the transfer of technology developed from federally funded research and development efforts;
(3) ensure that State and local governments, universities, and the private sector are provided with information on the technology, expertise, and facilities available in Federal laboratories;
(4) promote the commercialization, in accord with my Memorandum to the Heads of Executive Departments and Agencies of February 18, 1983, of patentable results of federally funded research by granting to all contractors, regardless of size, the title to patents made in whole or in part with Federal funds, in exchange for royalty-free use by or on behalf of the government;
(5) administer all patents and licenses to inventions made with federal assistance, which are owned by the non-profit contractor or grantee, in accordance with Section 202(c)(7) of Title 35 of the United States Code as amended by Public Law 98-620, without regard to limitations on licensing found in that section prior to amendment or in Institutional Patent Agreements now in effect that were entered into before that law was enacted on November 8, 1984, unless, in the case of an invention that has not been marketed, the funding agency determines, based on information in its files, that the contractor or grantee has not taken adequate steps to market the inventions, in accordance with applicable law or an Institutional Patent Agreement;
(6) implement, as expeditiously as practicable, royalty-sharing programs with inventors who were employees of the agency at the time their inventions were made, and cash award programs; and
(7) cooperate, under policy guidance provided by the Office of Federal Procurement Policy, with the heads of other affected departments and agencies in the development of a uniform policy permitting Federal contractors to retain rights to software, engineering drawings, and other technical data generated by Federal grants and contracts, in exchange for royalty-free use by or on behalf of the government.


Sec. 2. Establishment of the Technology Share Program. The Secretaries of Agriculture, Commerce, Energy, and Health and Human Services and the Administrator of the National Aeronautics and Space Administration shall select one or more of their Federal laboratories to participate in the Technology Share Program. Consistent with its mission and policies and within its overall funding allocation in any year, each Federal laboratory so selected shall:
(a) Identify areas of research and technology of potential importance to long-term national economic competitiveness and in which the laboratory possesses special competence and/or unique facilities;
(b) Establish a mechanism through which the laboratory performs research in areas identified in Section 2(a) as a participant of a consortium composed of United States industries and universities. All consortia so established shall have, at a minimum, three individual companies that conduct the majority of their business in the United States; and
(c) Limit its participation in any consortium so established to the use of laboratory personnel and facilities. However, each laboratory may also provide financial support generally not to exceed 25 percent of the total budget for the activities of the consortium. Such financial support by any laboratory in all such consortia shall be limited to a maximum of $5 million per annum.

Sec. 3. Technology Exchange–Scientists and Engineers. The Executive Director of the President’s Commission on Executive Exchange shall assist Federal agencies, where appropriate, by developing and implementing an exchange program whereby scientists and engineers in the private sector may take temporary assignments in Federal laboratories, and scientists and engineers in Federal laboratories may take temporary assignments in the private sector.

sec. 4. International Science and Technology. In order to ensure that the United States benefits from and fully exploits scientific research and technology developed abroad,
(a) The head of each Executive department and agency, when negotiating or entering into cooperative research and development agreements and licensing arrangements with foreign persons or industrial organizations (where these entities are directly or indirectly controlled by a foreign company or government), shall, in consultation with the United States Trade Representative, give appropriate consideration:

(1) to whether such foreign companies or governments permit and encourage United States agencies, organizations, or persons to enter into cooperative research and development agreements and licensing arrangements on a comparable basis;
(2) to whether those foreign governments have policies to protect the United States intellectual property rights; and
(3) where cooperative research will involve data, technologies, or products subject to national security export controls under the laws of the United States, to whether those foreign governments have adopted adequate measures to prevent the transfer of strategic technology to destinations prohibited under such national security export controls, either through participation in the Coordinating Committee for Multilateral Export Controls (COCOM) or through other international agreements to which the United States and such foreign governments are signatories.
(b) The Secretary of State shall develop a recruitment policy that encourages scientists and engineers from other Federal agencies, academic institutions, and industry to apply for assignments in embassies of the United States; and
(c) The Secretaries of State and Commerce and the Director of the National Science Foundation shall develop a central mechanism for the prompt and efficient dissemination of science and technology information developed abroad to users in Federal laboratories, academic institutions, and the private sector on a fee-for-service basis.


Sec. 5. Technology Transfer from the Department of Defense. Within 6 months of the date of this Order [Apr. 10, 1987], the Secretary of Defense shall identify a list of funded technologies that would be potentially useful to United States industries and universities. The Secretary shall then accelerate efforts to make these technologies more readily available to United States industries and universities.

Sec. 6. Basic Science and Technology Centers. The head of each Executive department and agency shall examine the potential for including the establishment of university research centers in engineering, science, or technology in the strategy and planning for any future research and development programs. Such university centers shall be jointly funded by the Federal Government, the private sector, and, where appropriate, the States and shall focus on areas of fundamental research and technology that are both scientifically promising and have the potential to contribute to the Nation’s long-term economic competitiveness.

Sec. 7. Reporting Requirements.
(a) Within 1 year from the date of this Order [Apr. 10, 1987], the Director of the Office of Science and Technology Policy shall convene an interagency task force comprised of the heads of representative agencies and the directors of representative Federal laboratories, or their designees, in order to identify and disseminate creative approaches to technology transfer from Federal laboratories. The task force will report to the President on the progress of and problems with technology transfer from Federal laboratories.
(b) Specifically, the report shall include:

(1) a listing of current technology transfer programs and an assessment of the effectiveness of these programs;
(2) identification of new or creative approaches to technology transfer that might serve as model programs for Federal laboratories;
(3) criteria to assess the effectiveness and impact on the Nation’s economy of planned or future technology transfer efforts; and
(4) a compilation and assessment of the Technology Share Program established in Section 2 and, where appropriate, related cooperative research and development venture programs.


Sec. 8. Relation to Existing Law. Nothing in this Order shall affect the continued applicability of any existing laws or regulations relating to the transfer of United States technology to other nations. The head of any Executive department or agency may exclude from consideration, under this Order, any technology that would be, if transferred, detrimental to the interests of national security.

Ronald Reagan.

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      SUBCHAPTER I – LANDSAT

      Sec. 5601. Findings

      The Congress finds and declares the following:
      (1) The continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth’s natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance.
      (2) The Federal Government’s Landsat system established the United States as the world leader in land remote sensing technology.
      (3) The national interest of the United States lies in maintaining international leadership in satellite land remote sensing and in broadly promoting the beneficial use of remote sensing data.
      (4) The cost of Landsat data has impeded the use of such data for scientific purposes, such as for global environmental change research, as well as for other public sector applications.
      (5) Given the importance of the Landsat program to the United States, urgent actions, including expedited procurement procedures, are required to ensure data continuity.
      (6) Full commercialization of the Landsat program cannot be achieved within the foreseeable future, and thus should not serve as the near-term goal of national policy on land remote sensing; however, commercialization of land remote sensing should remain a long-term goal of United States policy.
      (7) Despite the success and importance of the Landsat system, funding and organizational uncertainties over the past several years have placed its future in doubt and have jeopardized United States leadership in land remote sensing.
      (8) Recognizing the importance of the Landsat program in helping to meet national and commercial objectives, the President approved, on February 11, 1992, a National Space Policy Directive which was developed by the National Space Council and commits the United States to ensuring the continuity of Landsat coverage into the 21st century.
      (9) Because Landsat data are particularly important for national security purposes and global environmental change research, management responsibilities for the program should be transferred from the Department of Commerce to an integrated program management involving the Department of Defense and the National Aeronautics and Space Administration.
      (10) Regardless of management responsibilities for the Landsat program, the Nation’s broad civilian, national security, commercial, and foreign policy interests in remote sensing will best be served by ensuring that Landsat remains an unclassified program that operates according to the principles of open skies and nondiscriminatory access.
      (11) Technological advances aimed at reducing the size and weight of satellite systems hold the potential for dramatic reductions in the cost, and substantial improvements in the capabilities, of future land remote sensing systems, but such technological advances have not been demonstrated for land remote sensing and therefore cannot be relied upon as the sole means of achieving data continuity for the Landsat program.
      (12) A technology demonstration program involving advanced remote sensing technologies could serve a vital role in determining the design of a follow-on spacecraft to Landsat 7, while also helping to determine whether such a spacecraft should be funded by the United States Government, by the private sector, or by an international consortium.
      (13) To maximize the value of the Landsat program to the American public, unenhanced Landsat 4 through 6 data should be made available, at a minimum, to United States Government agencies, to global environmental change researchers, and to other researchers who are financially supported by the United States Government, at the cost of fulfilling user requests, and unenhanced Landsat 7 data should be made available to all users at the cost of fulfilling user requests.
      (14) To stimulate development of the commercial market for unenhanced data and value-added services, the United States Government should adopt a data policy for Landsat 7 which allows competition within the private sector for distribution of unenhanced data and value-added services.
      (15) Development of the remote sensing market and the provision of commercial value-added services based on remote sensing data should remain exclusively the function of the private sector.
      (16) It is in the best interest of the United States to maintain a permanent, comprehensive Government archive of global Landsat and other land remote sensing data for long-term monitoring and study of the changing global environment.

      (Pub. L. 102-555, Sec. 2, Oct. 28, 1992, 106 Stat. 4163.)
      Land Remote Sensing Policy Act of 1992

      Short Title: Section 1 of Pub. L. 102-555 provided that: “This Act [enacting this chapter and repealing chapter 68 (Sec. 4201 et seq.) of this title] may be cited as the `Land Remote Sensing Policy Act of 1992′.”
      Sec. 5602. Definitions

      In this chapter, the following definitions apply:

      (1) The term ”Administrator” means the Administrator of the National Aeronautics and Space Administration.

      (2) The term ”cost of fulfilling user requests” means the incremental costs associated with providing product generation, reproduction, and distribution of unenhanced data in response to user requests and shall not include any acquisition, amortization, or depreciation of capital assets originally paid for by the United States Government or other costs not specifically attributable to fulfilling user requests.

      (3) The term ”data continuity” means the continued acquisition and availability of unenhanced data which are, from the point of view of the user
      (A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for global and regional change detection and characterization; and
      (B) compatible with such data and with methods used to receive and process such data.
      (4) The term ”data preprocessing” may include –
      (A) rectification of system and sensor distortions in land remote sensing data as it is received directly from the satellite in preparation for delivery to a user;
      (B) registration of such data with respect to features of the Earth; and
      (C) calibration of spectral response with respect to such data, but does not include conclusions, manipulations, or calculations derived from such data, or a combination of such data with other data.
      (5) The term ”land remote sensing” means the collection of data which can be processed into imagery of surface features of the Earth from an unclassified satellite or satellites, other than an operational United States Government weather satellite.

      (6) The term ”Landsat Program Management” means the integrated program management structure –
      (A) established by, and responsible to, the Administrator and the Secretary of Defense pursuant to section 5611(a) of this title; and
      (B) consisting of appropriate officers and employees of the National Aeronautics and Space Administration, the Department of Defense, and any other United States Government agencies the President designates as responsible for the Landsat program.
      (7) The term ”Landsat system” means Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing system operated and owned by the United States Government, along with any related ground equipment, systems, and facilities owned by the United States Government.

      (8) The term ”Landsat 6 contractor” means the private sector entity which was awarded the contract for spacecraft construction, operations, and data marketing rights for the Landsat 6 spacecraft.

      (9) The term ”Landsat 7” means the follow-on satellite to Landsat 6.

      (10) The term ”National Satellite Land Remote Sensing Data Archive” means the archive established by the Secretary of the Interior pursuant to the archival responsibilities defined in section 5652 of this title.

      (11) The term ”noncommercial purposes” refers to those activities undertaken by individuals or entities on the condition, upon receipt of unenhanced data, that –
      (A) such data shall not be used in connection with any bid for a commercial contract, development of a commercial product, or any other non-United States Government activity that is expected, or has the potential, to be profitmaking;
      (B) the results of such activities are disclosed in a timely and complete fashion in the open technical literature or other method of public release, except when such disclosure by the United States Government or its contractors would adversely affect the national security or foreign policy of the United States or violate a provision of law or regulation; and
      (C) such data shall not be distributed in competition with unenhanced data provided by the Landsat 6 contractor.
      (12) The term ”Secretary” means the Secretary of Commerce.

      (13) The term ”unenhanced data” means land remote sensing signals or imagery products that are unprocessed or subject only to data preprocessing.

      (14) The term ”United States Government and its affiliated users” means –
      (A) United States Government agencies;
      (B) researchers involved with the United States Global Change Research Program and its international counterpart programs; and
      (C) other researchers and international entities that have signed with the United States Government a cooperative agreement involving the use of Landsat data for noncommercial purposes.
      (Pub. L. 102-555, Sec. 3, Oct. 28, 1992, 106 Stat. 4164.)

      Sec. 5611. Landsat Program Management

      (a) Establishment
      The Administrator and the Secretary of Defense shall be responsible for management of the Landsat program. Such responsibility shall be carried out by establishing an integrated program management structure for the Landsat system.

      (b) Management plan
      The Administrator, the Secretary of Defense, and any other United States Government official the President designates as responsible for part of the Landsat program, shall establish, through a management plan, the roles, responsibilities, and funding expectations for the Landsat Program (FOOTNOTE 1) of the appropriate United States Government agencies. The management plan shall – (FOOTNOTE 1) So in original. Probably should not be capitalized.
      (1) specify that the fundamental goal of the Landsat Program Management is the continuity of unenhanced Landsat data through the acquisition and operation of a Landsat 7 satellite as quickly as practicable which is, at a minimum, functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability;

      (2) include a baseline funding profile that –
      (A) is mutually acceptable to the National Aeronautics and Space Administration and the Department of Defense for the period covering the development and operation of Landsat 7; and
      (B) provides for total funding responsibility of the National Aeronautics and Space Administration and the Department of Defense, respectively, to be approximately equal to the funding responsibility of the other as spread across the development and operational life of Landsat 7; (3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by a specific sponsoring agency or agencies, in a manner agreed to by the Landsat Program Management, if the required funding exceeds the baseline funding profile required by paragraph (2), and that additional improvements will be sought only if the improvements will not jeopardize data continuity; and

      (4) provide for a technology demonstration program whose objective shall be the demonstration of advanced land remote sensing technologies that may potentially yield a system which is less expensive to build and operate, and more responsive to data users, than is the current Landsat system.

      (c) Responsibilities

      The Landsat Program Management shall be responsible for –
      (1) Landsat 7 procurement, launch, and operations;
      (2) ensuring that the operation of the Landsat system is responsive to the broad interests of the civilian, national security, commercial, and foreign users of the Landsat system;
      (3) ensuring that all unenhanced Landsat data remain unclassified and that, except as provided in section 5656(a) and (b) of this title, no restrictions are placed on the availability of unenhanced data;
      (4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7 system as required to meet the needs of the United States Global Change Research Program, as established in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), and to meet the needs of national security users;
      (5) Landsat data responsibilities pursuant to this chapter;
      (6) oversight of Landsat contracts entered into under sections 5612 and 5613 of this title;
      (7) coordination of a technology demonstration program, pursuant to section 5633 of this title; and
      (8) ensuring that copies of data acquired by the Landsat system are provided to the National Satellite Land Remote Sensing Data Archive.
      (d) Authority to contract

      The Landsat Program Management may, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, enter into contracts with the private sector for services such as, but not limited to, satellite operations and data preprocessing.

      (e) Landsat advisory process
      (1) Establishment
      The Landsat Program Management shall seek impartial advice and comments regarding the status, effectiveness, and operation of the Landsat system, using existing advisory committees and other appropriate mechanisms. Such advice shall be sought from individuals who represent –
      (A) a broad range of perspectives on basic and applied science and operational needs with respect to land remote sensing data;
      (B) the full spectrum of users of Landsat data, including representatives from United States Government agencies, State and local government agencies, academic institutions, nonprofit organizations, value-added companies, the agricultural, mineral extraction, and other user industries, and the public, and
      (C) a broad diversity of age groups, sexes, and races.
      (2) Reports
      Within 1 year after October 28, 1992, and biennially thereafter, the Landsat Program Management shall prepare and submit a report to the Congress which –
      (A) reports the public comments received pursuant to paragraph (1); and
      (B) includes –
      (i) a response to the public comments received pursuant to paragraph (1);
      (ii) information on the volume of use, by category, of data from the Landsat system; and
      (iii) any recommendations for policy or programmatic changes to improve the utility and operation of the Landsat system.
      (Pub. L. 102-555, title I, Sec. 101, Oct. 28, 1992, 106 Stat. 4166.)

      References in Text
      The Global Change Research Act of 1990, referred to in subsec. (c)(4), is Pub. L. 101-606, Nov. 16, 1990, 104 Stat. 3096, which is classified generally to chapter 56A (Sec. 2921 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2921 of this title and Tables.
      Landsat Remote-Sensing Satellite Program. Pub. L. 103-139, title VIII, Sec. 8060, Nov. 11, 1993, 107 Stat. 1453, authorized Department of Defense to develop and procure the Landsat 7 vehicle, prior to repeal by Pub. L. 103-335, title VIII, Sec. 8051, Sept. 30, 1994, 108 Stat. 2629. Similar provisions were contained in the following prior acts: Pub. L. 102-484, div. A, title II, Sec. 243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103-35, title II, Sec. 202(a)(3), May 31, 1993, 107 Stat. 101. Pub. L. 102-396, title IX, Sec. 9082A, Oct. 6, 1992, 106 Stat. 1920.

      Sec. 5612. Procurement of Landsat 7
      (a) Contract negotiations
      The Landsat Program Management shall, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, expeditiously contract with a United States private sector entity for the development and delivery of Landsat 7.
      (b) Development and delivery consideration
      In negotiating a contract under this section for the development and delivery of Landsat 7, the Landsat Program Management shall –
      (1) seek, as a fundamental objective, to have Landsat 7 operational by the expected end of the design life of Landsat 6;
      (2) seek to ensure data continuity by the development and delivery of a satellite which is, at a minimum, functionally equivalent to the Landsat 6 satellite; and
      (3) seek to incorporate in Landsat 7 any performance improvements required to meet United States Government needs that would not jeopardize data continuity.

      (c) Notification of cost and schedule changes
      The Landsat Program Management shall promptly notify the Congress of any significant deviations from the expected cost, delivery date, and launch date of Landsat 7, that are specified by the Landsat Program Management upon award of the contract under this section.

      (d) United States private sector entities
      The Landsat Program Management shall, for purposes of this chapter, define the term ”United States private sector entities”, taking into account the location of operations, assets, personnel, and other such factors. (Pub. L. 102-555, title I, Sec. 102, Oct. 28, 1992, 106 Stat. 4168.)

      Sec. 5613. Data policy for Landsat 4 through 6

      (a) Contract negotiations
      Within 30 days after October 28, 1992, the Landsat Program Management shall enter into negotiations with the Landsat 6 contractor to formalize an arrangement with respect to pricing, distribution, acquisition, archiving, and availability of unenhanced data for which the Landsat 6 contractor has responsibility under its contract. Such arrangement shall provide for a phased transition to a data policy consistent with the Landsat 7 data policy (developed pursuant to section 5615 of this title) by the date of initial operation of Landsat 7. Conditions of the phased arrangement should require that the Landsat 6 contractor adopt provisions so that by the final phase of the transition period –

      (1) such unenhanced data shall be provided, at a minimum, to the United States Government and its affiliated users at the cost of fulfilling user requests, on the condition that such unenhanced data are used solely for noncommercial purposes;
      (2) instructional data sets, selected from the Landsat data archives, will be made available to educational institutions exclusively for noncommercial, educational purposes at the cost of fulfilling user requests;
      (3) Landsat data users are able to acquire unenhanced data contained in the collective archives of foreign ground stations as easily and affordably as practicable;
      (4) adequate data necessary to meet the needs of global environmental change researchers and national security users are acquired;
      (5) the United States Government and its affiliated users shall not be prohibited from reproduction or dissemination of unenhanced data to other agencies of the United States Government and other affiliated users, on the condition that such unenhanced data are used solely for noncommercial purposes;
      (6) nonprofit, public interest entities receive vouchers, data grants, or other such means of providing them with unenhanced data at the cost of fulfilling user requests, on the condition that such unenhanced data are used solely for noncommercial purposes;
      (7) a viable role for the private sector in the promotion and development of the commercial market for value added and other services using unenhanced data from the Landsat system is preserved; and
      (8) unenhanced data from the Landsat system are provided to the National Satellite Land Remote Sensing Data Archive at no more than the cost of fulfilling user requests.

      (b) Failure to reach agreement
      If negotiations under subsection (a) of this section have not, by September 30, 1993, resulted in an agreement that the Landsat Program Management determines generally achieves the goals stated in subsection (b)(1) through (8) of this section, the Administrator and the Secretary of Defense shall, within 30 days after the date of such determination, jointly certify and report such determination to the Congress. The report shall include a review of options and projected costs for achieving such goals, and shall include recommendations for achieving such goals. The options reviewed shall include –
      (1) retaining the existing or modified contract with the Landsat 6 contractor;
      (2) the termination of existing contracts for the exclusive right to market unenhanced Landsat data; and
      (3) the establishment of an Alternative private sector mechanism for the marketing and commercial distribution of such data.
      (Pub. L. 102-555, title I, Sec. 103, Oct. 28, 1992, 106 Stat. 4168.)

      Sec. 5614. Transfer of Landsat 6 program responsibilities

      The responsibilities of the Secretary with respect to Landsat 6 shall be transferred to the Landsat Program Management, as agreed to between the Secretary and the Landsat Program Management, pursuant to section 5611 of this title.
      (Pub. L. 102-555, title I, Sec. 104, Oct. 28, 1992, 106 Stat. 4170.)

      Sec. 5615. Data policy for Landsat 7

      (a) Landsat 7 data policy
      The Landsat Program Management, in consultation with other appropriate United States Government agencies, shall develop a data policy for Landsat 7 which should –
      (1) ensure that unenhanced data are available to all users at the cost of fulfilling user requests;
      (2) ensure timely and dependable delivery of unenhanced data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land Remote Sensing Data Archive;
      (3) ensure that the United States retains ownership of all unenhanced data generated by Landsat 7;
      (4) support the development of the commercial market for remote sensing data;
      (5) ensure that the provision of commercial value-added services based on remote sensing data remains exclusively the function of the private sector; and
      (6) to the extent possible, ensure that the data distribution system for Landsat 7 is compatible with the Earth Observing System Data and Information System.
      (b) Additional data policy considerations
      In addition, the data policy for Landsat 7 may provide for –
      (1) United States private sector entities to operate ground receiving stations in the United States for Landsat 7 data;
      (2) other means for direct access by private sector entities to unenhanced data from Landsat 7; and
      (3) the United States Government to charge a per image fee, license fee, or other such fee to entities operating ground receiving stations or distributing Landsat 7 data.
      (c) Landsat 7 Data Policy Plan
      Not later than July 15, 1994, the Landsat Program Management shall develop and submit to Congress a report that contains a Landsat 7 Data Policy Plan. This plan shall define the roles and responsibilities of the various public and private sector entities distribution, and archiving of Landsat 7 data and in operations of the Landsat 7 spacecraft.
      (d) Reports
      Not later than 12 months after submission of the Landsat 7 Data Policy Plan, required by subsection (c) of this section, and annually thereafter until the launch of Landsat 7, the Landsat Program Management, in consultation with representatives of appropriate United States Government agencies, shall prepare and submit a report to the Congress which –
      (1) provides justification for the Landsat 7 data policy in terms of the civilian, national security, commercial, and foreign policy needs of the United States; and
      (2) provides justification for any elements of the Landsat 7 data policy which are not consistent with the provisions of subsection (a) of this section.
      (Pub. L. 102-555, title I, Sec. 105, Oct. 28, 1992, 106 Stat. 4170.)

      SUBCHAPTER III – RESEARCH, DEVELOPMENT, AND DEMONSTRATION

      Sec. 5631. Continued Federal research and development

      (a) Roles of NASA and Department of Defense
      (1) The Administrator and the Secretary of Defense are directed to continue and to enhance programs of remote sensing research and development.
      (2) The Administrator is authorized and encouraged to –
      (A) conduct experimental space remote sensing programs (including applications demonstration programs and basic research at universities);
      (B) develop remote sensing technologies and techniques, including those needed for monitoring the Earth and its environment; and
      (C) conduct such research and development in cooperation with other United States Government agencies and with public and private research entities (including private industry, universities, non-profit organizations, State and local governments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster such cooperation.
      (b) Roles of Department of Agriculture and Department of the Interior
      (1) In order to enhance the ability of the United States to manage and utilize its renewable and nonrenewable resources, the Secretary of Agriculture and the Secretary of the Interior are authorized and encouraged to conduct programs of research and development in the applications of remote sensing using funds appropriated for such purposes.
      (2) Such programs may include basic research at universities, demonstrations of applications, and cooperative activities involving other Government agencies, private sector parties, and foreign and international organizations.

      (c) Role of other Federal agencies
      Other United States Government agencies are authorized and encouraged to conduct research and development on the use of remote sensing in the fulfillment of their authorized missions, using funds appropriated for such purposes.
      (Pub. L. 102-555, title III, Sec. 301, Oct. 28, 1992, 106 Stat. 4174.)

      Sec. 5632. Availability of federally gathered unenhanced data

      (a) General rule
      All unenhanced land remote sensing data gathered and owned by the United States Government, including unenhanced data gathered under the technology demonstration program carried out pursuant to section 5633 of this title, shall be made available to users in a timely fashion.

      (b) Protection for commercial data distributor
      The President shall seek to ensure that unenhanced data gathered under the technology demonstration program carried out pursuant to section 5633 of this title shall, to the extent practicable, be made available on terms that would not adversely affect the commercial market for unenhanced data gathered by the Landsat 6 spacecraft.
      (Pub. L. 102-555, title III, Sec. 302, Oct. 28, 1992, 106 Stat. 4174.)

      Sec. 5633. Technology demonstration program

      (a) Establishment
      As a fundamental component of a national land remote sensing strategy, the President shall establish, through appropriate United States Government agencies, a technology demonstration program. The goals of such programs shall be to –
      (1) seek to launch advanced land remote sensing system components within 5 years after October 28, 1992;
      (2) demonstrate within such 5-year period advanced sensor capabilities suitable for use in the anticipated land remote sensing program; and
      (3) demonstrate within such 5-year period an advanced land remote sensing system design that could be less expensive to procure and operate than the Landsat system projected to be in operation through the year 2000, and that therefore holds greater potential for private sector investment and control.

      (b) Execution of program
      In executing the technology demonstration program, the President shall seek to apply technologies associated with United States National Technical Means of intelligence gathering, to the extent that such technologies are appropriate for the technology demonstration and can be declassified for such purposes without causing adverse harm to United States national security interests.

      (c) Broad application
      To the greatest extent practicable, the technology demonstration program established under subsection (a) of this section shall be designed to be responsive to the broad civilian, national security, commercial, and foreign policy needs of the United States.

      (d) Private sector funding
      The technology demonstration program under this section may be carried out in part with private sector funding.

      (e) Landsat Program Management coordination
      The Landsat Program Management shall have a coordinating role in the technology demonstration program carried out under this section.

      (f) Report to Congress
      The President shall assess the progress of the technology demonstration program under this section and, within 2 years after October 28, 1992, submit a report to the Congress on such progress.

      (Pub. L. 102-555, title III, Sec. 303, Oct. 28, 1992, 106 Stat. 4174.)

      SUBCHAPTER IV – ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING SYSTEM

      Sec. 5641. Assessing options for successor land remote sensing system

      (a) Assessment
      Within 5 years after October 28, 1992, the Landsat Program Management, in consultation with representatives of appropriate United States Government agencies, shall assess and report to the Congress on the options for a successor land remote sensing system to Landsat 7. The report shall include a full assessment of the advantages and disadvantages of –
      (1) private sector funding and management of a successor land remote sensing system;
      (2) establishing an international consortium for the funding and management of a successor land remote sensing system;
      (3) funding and management of a successor land remote sensing system by the United States Government; and
      (4) a cooperative effort between the United States Government and the private sector for the funding and management of a successor land remote sensing system.

      (b) Goals
      In carrying out subsection (a) of this section, the Landsat Program Management shall consider the ability of each of the options to –
      (1) encourage the development, launch, and operation of a land remote sensing system that adequately serves the civilian, national security commercial, and foreign policy interests of the United States;
      (2) encourage the development, launch, and operation of a land remote sensing system that maintains data continuity with the Landsat system; and
      (3) incorporate system enhancements, including any such enhancements developed under the technology demonstration program under section 5633 of this title, which may potentially yield a system that is less expensive to build and operate, and more responsive to data users, than is the Landsat system projected to be in operation through the year 2000.

      (c) Preference for private sector system
      If a successor land remote sensing system to Landsat 7 can be funded and managed by the private sector while still achieving the goals stated in subsection (b) of this section without jeopardizing the domestic, national security, and foreign policy interests of the United States, preference should be given to the development of such a system by the private sector without competition from the United States Government.

      (Pub. L. 102-555, title IV, Sec. 401, Oct. 28, 1992, 106 Stat. 4175.)
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    • By NASA
      (a) Acquisition from commercial providers. The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the National Aeronautics and Space Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space science data from a commercial provider.

      (b) Treatment of space science data as commercial item under acquisition laws Acquisitions of space science data by the Administrator shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10). For purposes of such law and regulations, space science data shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities.

      (c) Definition. For purposes of this section, the term ”space science data” includes scientific data concerning – (1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets; (2) microgravity acceleration; and (3) solar storm monitoring.

      (d) Safety standards. Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.

      (e) Limitation. This section does not authorize the National Aeronautics and Space Administration to provide financial assistance for the development of commercial systems for the collection of space science data.
       
      -SOURCE-

      (Pub. L. 105-303, title I, Sec. 105, Oct. 28, 1998, 112 Stat. 2852.)
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