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a. Recommendation 1-9
Amend or repeal statutes limiting agency flexibility con
cerning rights in technical data. The Recommendation appears on page 129 of Volume 4 of the l.. port, and is in Category B.
b. Proposed Position
It is proposed that Recommendation I-9 not be adopted by the Executive branch at this time.
There is a wide diversity of Government policy and practice with respect to acquisition of rights in technical data under contracts. The policies and practices of some agencies have evolved over a long period of time, whereas the policies of others are constrained to various degrees by law. A list of applicable laws is attached as Appendix A. In many cases, the degree to which such laws may limit the flexibility of an agency is determined largely by the agencies' interpretation of the law.
The Commission took the position that statutes which limit flexibility should be repealed in order to promote, or at least permit, greater uniformity among Government agencies in their acquisition of rights in technical data. This Recommendation is made in conjunction with Recommendation I-10 that a Government-wide policy be promulgated on rights in technical data supplied under Government contracts.
The lack of uniformity between agencies presents problems to contractors doing business with the different agencies, but does not necessarily adversely affect the agencies themselves. Each agency, therefore, should determine for itself the degree to which laws interfere with the proper accomplishment of its missions.
It is considered that the extent to which laws should be repealed or modified should be determined by:
a. the extent to which they conflict with other laws which may be enacted;
b. the extent to which they conflict with any Government policy that may be developed; and
c. the extent to which they inhibit proper performance of the agencies' mission.
It is concluded that no change should be made in the present laws in the absence of valid specific reasons for such change. There are no present reasons for changes. Therefore, any changes should be designed to accomplish specific purposes in conjunction with the implementation of the studies of Recommendations 1-10 and 1-12.
The alternatives presented by this Recommendation are to: a. do nothing;
b. repeal all laws concerning acquisition of rights in technical data;
c. make a study to determine whether statutes limit flexibility; or
d. selectively repeal or amend present laws to the extent necessary to accomplish specific objectives such as:
(1) eliminate conflict or redundancy with other laws;
(2) make them consistent with a Government-wide policy; or
(3) accomplish a specific public purpose.
To adopt the first alternative may be proper as a short range approach because no valid reason is seen for making any changes at present.
No agency believes that all statutes affecting technical data should be repealed or amended immediately. Some, however, believe that a more detailed study should be made to determine whether statutes do limit flexibility and should be amended or repealed.
There are four other Recommendations of the Commission which, if and when implemented, may change the present situation. It is not necessary to repeal immediately all present laws in order to be able to implement these other Recommendations because, at this stage it is not known whether such action is necessary or even desirable. Those implementations will, however, require a study to determine if any conflicts with present laws do exist.
Accordingly, the fourth alternative is considered to provide the best approach to this Recommendation. Because the various situations which may require a change in present laws will not all occur at once, it will be necessary to review the present laws each time one of these situations is presented in order to determine whether any action should be taken at this time.
It is proposed that no action on Recommendation I-9 be taken at this time, but that this Recommendation be considered as part of Recommendations 1-10 and 1-12, and that any implementations of these Recommendations include a review of existing laws to determine the necessity for repeal or changes therein. Any such specific changes could then be proposed along with the implementations of each Recommendation.
VII. Dissenting Views
No dissenting views were voiced.
COPYRIGHTS ARISING FROM
ATOMIC ENERGY COMMISSION
Atomic Energy Act of 1954, Public Law 83–703
DEPARTMENT OF AGRICULTURE
Research and Marketing Act of 1946, Public Law 79–733, 60 Stat. 1085 and 1090, 7 U.S.C. 427i (a) and § 1624(a), respectively.
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Solid Waste Disposal Act, Public Law 89–272, Title II, Section 202(c), 79 Stat. 997, 42 U.S.C. $ 3253 (c).
1. Section 301(a) of the Housing Act of 1948, 12 U.S.C. $ 1701e(a), (1964).
2. Section 602 (b) (3) of the Housing Act of 1956, 12 U.S.C. $ 1701f (b) (3), (1964).
3. Section 1010(e) of the Demonstration Cities and Metropolitan Development Act of 1966, 42 U.S.C. § 3372(e).
4. Section 502 (d) and (g) of the Housing and Urban Development Act of 1970, Public Law 91-609, 84 Stat. 1785, 40 U.S.C. 461 (d) and (g).
DEPARTMENT OF THE INTERIOR
1. Coal Research Act of July 7, 1960, Public Law 86_599, 74 Stat. 337, 30 U.S.C. $ 666.
2. Helium Act Amendments of September 13, 1960, Public Law 86–777, 74 Stat. 920, 50 U.S.C. § 167b.
3. Saline Water Conversion Act of September 22, 1961 (Section 4b), Public Law 87–295, 75 Stat. 628, 42 U.S.C. § 1954(b).
4. Water Resources Research Act of July 17, 1964, Public Law 88-379, 78 Stat. 332, 42 U.S.C. $ 1961c-3.
5. Appalachian Regional Development Act of March 9, 1965, Public Law 89-4, 79 Stat. 5, as amended, 40 U.S.C. App. $ 302(e).
6. Solid Waste Disposal Act of October 20, 1965, Public Law 89–272, 79 Stat. 997, 42 U.S.C. § 3253 (c).
7. Federal Coal Mine Health and Safety Act of 1969, Public Law 91-173, 83 Stat. 742, 30 U.S.C. $ 951(c).
DEPARTMENT OF JUSTICE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION
Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90–351, 82 Stat. 197, 42 U.S.C. § 3742(b) (5) and (6).
DEPARTMENT OF TRANSPORTATION
National Traffic and Motor Vehicle Safety Act of 1966, 80 Stat. 721, Public Law 89-563, 15 U.S.C. $ 1395 (c).
1. National Aeronautics and Space Act of 1958, Public Law 85–568, 72 Stat. 435, 42 U.S.C. § 2473(a).
2. National Aeronautics and Space Act of 1958, Public Law 85568, 72 Stat. 435, 42 U.S.C. $ 2454.
NATIONAL SCIENCE FOUNDATION
1. National Science Foundation Act of 1950, Public Law 81507, 76 Stat. 1253, 42 U.S.C. § 1870(g).
2. National Science Foundation Act of 1950, Public Law 81507, 76 Stat. 1253, 42 U.S.C. $ 1870 (e).
U.S. ARMS CONTROL AND DISARMAMENT AGENCY
Arms Control Disarmament Act, Public Law 87–297, 75 Stat. 634 (1961), 22 U.S.C. $ 2572.
VETERANS ADMINISTRATION 1. Public Law 85–857, as amended, 78 Stat. 441, 38 U.S.C. $ 126.
2. Veterans Hospitalization and Medicinal Services, Public Law 89–785, 80 Stat. 1374, 38 U.S.C. $ 5054 (a) Modernization Amendments of 1966.