10 PROPRIETARY INFORMATION AND PATENTS 1 2 SEC. 106. (a) All research contracted for, sponsored, 3 10 or cosponsored by the Management Project pursuant to this 4 title, shall require as a condition of Federal participation 5 that all information, processes, or patents, resulting from fed6 erally assisted research will be available to the general public. 7 (b) Where a participant in an energy research and 8 development project holds background patents, trade secrets, 9 or proprietary information which will be employed in and are requisite to the proposed research and development proj11 ect, the Management Project shall enter into an agreement 12 which will provide equitable protection to the participants' 13 rights: Provided, That any such agreement must provide 14 that when the energy research and development project 15 reaches the stage of commercial application all previously 16 developed patents, trade secrets, or proprietary information 17 necessary to commercial application of the energy process or 18 system developed under this title will be made available to 19 any qualified applicant on reasonable license terms which 20 shall take into account that the commercial viability of the 21 total energy process or system was achieved with the assistance of public funds: And provided further, That where a 23 commercial energy process or technology has been developed. 24 through the use of supplemental funds made available under 25 subsection 104 (c) (1) of this Act to other Federal agencies, 22 29-82-74--2 11 1 the provisions of law applicable to those agencies on patent 2 rights or the disclosure of trade secrets or proprietary in3 formation shall govern. Where an agency using such supple4 mental funds does not have a specific legislative policy on 5 patent rights or the disclosure of trade secrets or proprietary 6 rights, the provisions of subsections (a) and (b) of this 7 section shall control. PRESIDENTIAL REVIEW SEC. 107. (a) The President shall (1) in connection with any reorganization plan which he may propose which has significant impacts upon the agencies represented on the Management. Project, or (2) immediately upon the authorization by the Congress of any reorganization which has significant impact upon the agencies represented upon the Management Project, make his recommendations to the Congress concerning (i) the necessity for continuing the Management Project, (ii) the appropriate membership of the Management Project if it is continued, and (iii) the appropriate agency to receive the duties, funding, and staff of the Management Proj ect if it is to be terminated. 1 12 (b) Not later than five years from the date of this Act, 2 if the authorities and duties of the Management Project are 3 not reassigned to a permanent agency in the interim, the 4 President shall report to the Congress on his evaluation of 5 the progress of fuels and energy research and development 6 and his recommendation for further management of the Fed7 eral research and development programs. 8 ADMINISTRATIVE PROVISIONS 9 SEC. 108. The Chairman shall be compensated at the 10 rate provided for level II of the Executive Schedule Pay 11 Rates (5 U.S.C. 5313). 12 13 SEC. 109. (a) The Chairman may employ such officers 14 and employees as may be necessary to carry out the func15 tions of the Management Project under this title and may 16 employ and fix the compensation of such experts and con17 sultants as may be necessary, in accordance with section 18 3109 of title 5, United States Code (but without regard to 19 the last sentence thereof); (b) The Management Project may— (1) acquire, furnish, and equip such office space as is necessary; (2) use the United States mails in the same manner and upon the same conditions as other agencies of the United States; 1 2 3 4 5 6 7 8 9 10 13 (3) purchase, hire, operate, and maintain passen ger motor vehicles; (4) enter into contracts or agreements for studies and surveys with non-Federal public and private organizations and transfer funds to Federal agencies to carry out aspects of the Management Project's duties; and (c) The Chairman shall have the authority and be 11 responsible for 12 13 14 15 16 17 (1) the supervision of personnel; (2) the assignment of duties and responsibilities among personnel; and (3) the use and expenditure of funds. COOPERATION OF FEDERAL AGENCIES SEC. 110. Upon request of the Chairman, the head of 18 any Federal department or agency is authorized and di19 rected (1) to furnish the Management Project within the limits of available funds, including funds transferred for that purpose pursuant to section 107 (b) of this Act, such information as may be necessary for carrying out its functions, and (2) to detail temporary duty with the Manage 14 1 ment Project on a reimbursable basis such personnel 21 3 4 5 6 as it may require for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status. CONGRESSIONAL ACCESS TO INFORMATION SEC. 111. The Chairman shall keep the Congress fully 7 and currently informed of all of the Management Project's 8 activities and shall submit to the Congress an annual report. 9 Neither the Chairman nor any other member of the Man10 agement Project or its employees may refuse to testify be11 fore the Congress or to submit information to the legislative or appropriations committees of either House of the Congress. 12 14 SEC. 112. (a) There are authorized to be appropriated 15 $10,000,000 annually for the administrative expenses of the 16 Management Project including such amounts as may be ex17 pended for consulting services in connection with the duties 18 of the Management Project and including funds transferred 19 to other Federal agencies in compensation for personal serv20 ices in assisting the Management Project with the adminis21 tration of this title. 22 (b) There are authorized to be appropriated not to ex23 ceed $800,000,000 for the fiscal year ending June 30, 1974, 24 and, subject to annual congressional authorizations, $800,25 000,000 for each of the four following fiscal years to carry 26 out the provisions of subsection 104 (c) of this title. |