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Entitled the "Science and Technology Research and Development Utilization

Policy Act”.

IN THE SENATE OF THE UNITED STATES

MAY 22 (legislative day, May 21), 1979 Mr. SCHMITT (for himself, Mr. CANNON, and Mr. STEVENSON) introduced the

following bill; which was read twice and referred jointly, by unanimous consent, to the Committees on Commerce, Science, and Transportation and Governmental Affairs with instructions that if one committee orders the bill reported, the other has 60 days in which to act

A BILL

Entitled the "Science and Technology Research and

Development Utilization Policy Act”.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

TITLE I-POLICY

4 SEC. 101. FINDINGS.

5 The Congress, recognizing the profound impact of sci6 ence, engineering, and technology policy on the economic, 7 social, political, technological well-being, and the health and

1 safety of the Nation as a whole, hereby finds and declares

2 that:

(1) The United States has recently experienced a decline in the process of industrial innovation and productivity which is integrally related to, and adversely impacts upon, domestic productivity, the rate of economic growth, the level of employment, the balance of trade, and the attainment of other national goals.

(2) The national support of scientific and technological research and development is indispensable to sustained growth and economic stability, and it is in the national interest to maximize the benefits to the

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general public from such investment.

(3) Scientific and technological developments and

discoveries resulting from work performed with Gov

ernment contracts constitute a valuable national re

source which should be developed in a manner consistent with the public interest and the equities of the respective parties.

(4) Current Federal policy with respect to the al

location of rights to the results of federally sponsored research and development deters contractor participation in Government contracts, delays technological progress, and stifles the innovative process.

(5) The present United States system for the acquisition of intellectual property rights resulting from privately funded research and development, while fun

damentally sound, is in need of modifications to dimin

ish the existing uncertainty and the high costs incurred in enforcing proprietary rights.

(6) There is a need for the establishment and implementation of a flexible Government-wide policy for the management and utilization of the results of federally funded research and development. This policy should promote the progress of science and the useful

arts, encourage the efficient commercial utilization of

technological developments and discoveries, guarantee

the protection of the public interest, and recognize the

equities of the contracting parties. 16 SEC. 102. PURPOSE.

It is the purpose of this Act to

(1) establish and maintain a Federal policy for the management and use of the results of federally spon

sored science and technology research and develop

ment; and

(2) insure the effective implementation of the provisions of this Act, and to monitor on a continuing

basis the impact of Federal science and technology

policies on innovation and technology development.

1 SEC. 103. DEFINITIONS.

As used in this Act the term

(1) “contract” means any contract, grant, agree

ment, commitment, understanding, or other arrange

ment entered into between any Federal agency and

any person where a purpose of the contract is the conduct of experimental, developmental, or research work. Such term includes any assignment, substitution of parties, or subcontract of any type entered into or executed for the conduct of experimental, developmental, or research work in connection with the performance of

that contract;

(2) “contractor” means any person or other entity

that is a party to the contract;

(3) “disclosure” means a written statement sufficiently complete as to technical detail to convey to one skilled in the art to which the invention pertains a clear understanding of the nature, purpose, operation, and as the case may be, physical, chemical, or electri

cal characteristics of the invention;

(4) "Federal agency” means an

“executive

agency" as defined by section 105 of title 5, United States Code, and the military departments as defined by section 102 of title 5, United States Code;

(5) "Federal employees” means all employees as

defined in section 2105 of title 5, United States Code,

and members of the uniformed services;

(6) “Government” means the Government of the United States of America;

(7) “invention" means any invention, discovery,

innovation, or improvement which is or may reasonably be patentable subject matter as defined in title 35, United States Code;

(8) “inventor" means any person, other than a contractor, who has made an invention under a contract but who has not agreed to assign his rights in such invention to the contractor;

(9) "made under the contract" or "made under a contract” when used in relation to any invention

means the conception or first actual reduction to prac

tice of such invention in the course of any work under the contract or under a contract, respectively;

(10) "nonprofit organization" means universities and other institutions of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a));

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