"The Atomic Energy Act of 1954". "The National Aeronautics and Space Act of 1958". "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". "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 OF THE COMMISSION ON GOVERNMENT PROCUREMENT 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 -John A. Horan, AEC -Harry A. Herbert, Jr., Air Force -Colonel James E. Noble, Army -William O. 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 Executive -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 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 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 1 Implement the Revised Presidential Statement of Gov- ernment Patent Policy promptly and uniformly--- Enact legislation to make clear the authority of all 4 Amend 28 U.S.C. 1498 to make authorization and consent automatic in all cases except where an agency Amend agency regulations and clauses to provide that all contractual warranties against patent infringement be provided by specific contractual language and not Authorize all agencies to settle patent infringement 7 Grant all agencies express statutory authority to 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 Amend or repeal statutes limiting agency flexibility concerning rights in technical data 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 11 Authorize agencies to acquire information and data -- 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 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 Page 199 211 15 Enact legislation giving all agencies authority to acquire private copyrights or interests therein 16 Establish an interagency task force under the lead of 227 234 |