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"The Atomic Energy Act of 1954".
“The National Aeronautics and Space Act of 1958".
"The Coal Research and Development Act of 1960”.
"The Helium Act Amendments of 1960".
"The Saline Water Conversion Act of 1961".
"The Arms Control and Disarmament Act of 1961".
“The Water Resources Act of 1964".
"The Appalachian Regional Development Act of 1965".
“The Solid Waste Disposal Act".
"Title 38, U.S.C. 216".
“The Federal Nonnuclear Energy Research and Development
Act of 1974".

Chapter 3—Effective Date Provision

Sec. 531 Effective Date of Act.

Section 531 provides that this Act shall take effect on the first day of the seventh month beginning after the date of enactment of this Act, except that regulations implementing this Act may be issued prior to such day.

APPENDIX E

EXECUTIVE BRANCH POSITIONS

FOR
RECOMMENDATIONS 1 THROUGH 16
PART I, VOLUME IV

OF THE
COMMISSION ON GOVERNMENT PROCUREMENT

REPORT

BACKGROUND

Volume IV, Part I of the Commission on Government Procurement Report to Congress dated December 31, 1972 made 16 recommendations pertaining to patents, technical data and copyrights as it affects the Government's procurement processes.

The Lead Agency for the establishment of an Executive Branch position on Recommendations 1 through 13 was the Executive Subcommittee of the Federal Council for Science and Technology Committee on Government Patent Policy comprised of the following:

Chairman-James E. Denny, U.S. Patent & Trademark Office
Members -M. Howard Silverstein, USDA

-John A. Horan, AEC
-Robert B. Ellert, DOC
-Harry A. Herbert, Jr., Air Force
--Colonel James E. Noble, Army
-William 0. Quesenberry, Navy
-Norman J. Latker, HEW
-Frank A. Lukasik, DOI
-Miles F. Ryan, Jr., DOJ
-Michael W. Werth, DOJ (Alternate)
-Nathan Edelberg, DOT
-Benjamin Bochenek, EPA
-Philip G. Read, GSA
-Leonard Rawicz, NASA
-Jesse Lasken, NSF

Observers—W. Bruce Gair, AID

-Abraham R. Richstein, AID (Alternate)
-Robert J. Bladergroen, CIA
-Maxwell C. Freudenberg, DLA
-Robert Malech, HUD
-Albert H. Helvestine, Navy
-Harvey J. Winter, State
-Forest D. Montgomery, Treasury
-James D. Currie, OMB
---Luther A. Marsh, Postal Service

-L. Duane Dunlap, TVA
Executive
Secretary -0.A. Neumann, DOC

Those who worked on the establishment of an Executive Branch position on Recommendations 14, 15, and 16 were primarily members of the Executive Subcommittee or one of its subcommittees, the exceptions being the HEW and GSA representatives. They were:

Leonard Rawicz, NASA
John A. Horan, AEC
Nathan Edelberg, DOT
Michael W. Werth, DOJ
David Robbins, DOC (NBS)
Martin S. Postman, Army
Burton Berkley, HEW
William W. Hart, Jr., GSA
Jesse Lasken, NSF

The final reports rendered on these recommendations were later approved as the Executive Branch position. Thereafter, the Executive Subcommittee was asked to draft implementing reports on each position.

TABLE OF CONTENTS

Recommendations

1 Implement the Revised Presidential Statement of Gov-

ernment Patent Policy promptly and uniformly -

2 Enact legislation to make clear the authority of all

agencies to issue exclusive licenses under patents held

by them

3 Supplement the President's Policy by the adoption of

uniform procedures for application of the rights

4 Amend 28 U.S.C. 1498 to make authorization and

consent automatic in all cases except where an agency

expressly withholds its authorization and consent as

to a specific patent

Amend agency regulations and clauses to provide that

all contractual warranties against patent infringement

be provided by specific contractual language and not

by implication

6 Authorize all agencies to settle patent infringement

claims out of available appropriations prior to the

filing of suit

7 Grant all agencies express statutory authority to

acquire patents, applications for patent, and licenses

or other interests thereunder

8 Give the United States District Courts concurrent

jurisdiction with the Court of Claims for suits brought

pursuant to 28 U.S.C. 1498 subject to the jurisdic-

tional amount under the Tucker Act

9 Amend or repeal statutes limiting agency flexibility

concerning rights in technical data

10 Undertake, through the Federal Council for Science

and Technology in coordination with the Office of

Federal Procurement Policy, to develop and evaluate

the implementation of a statement of Government

policy on rights in technical data supplied under

Government contracts. Give specific consideration to

the relationships between prime contractors and

subcontractors

11 Authorize agencies to acquire information and data

12 Undertake, through the Federal Council for Science

and Technology in coordination with the Office of Fed-

eral Procurement Policy, to develop and evaluate the

implementation of a statement of Government policy

on the treatment of data submitted with proposals or

other related communications

Page

199

211

Recommendations
13 Establish a remedy for the misuse of information

supplied to the Government in confidence
14 Amend or repeal statutes limiting agency flexibility

in dealing with the publication of works developed

under Government contracts 15 Enact legislation giving all agencies authority to

acquire private copyrights or interests therein
16 Establish an interagency task force under the lead of

the Office of Federal Procurement Policy to develop
and evaluate the implementation of a statement of
Government copyright policy

227

234

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