Page:United States Statutes at Large Volume 101 Part 1.djvu/907

 PUBLIC LAW 100-147—OCT. 30, 1987

101 STAT. 877

grams to related research and development programs funded by the Federal Government (including application programs) and to cooperative research programs if the Federal agency involved determines that the data will not be used— "(1) for any commercial purpose; or "(2) in substantial competition with data available from a licensee under this Act; except pursuant to section 503.". SEC. 307. Title V of the Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4261 et seq.) is amended by adding at the end thereof the following new section:

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"RESEARCH AND DEVELOPMENT ACTIVITIES OF SYSTEM OPERATORS

"SEC. 504. Notwithstanding section 601, any system operator 15 USC 4264. under title II, III, or IV of this Act, or any marketing entity under section 503 of this Act, may provide data for any research and development programs if— "(1) a complete and timely disclosure of the results of such research and development is made in the open technical literature or is otherwise made publicly available; "(2) the system operator or marketing entity provides to the Reports. Secretary an annual report of all research and development data transactions including the nature of any cooperative agreements and the prices charged for data; and "(3) the data are not used for commercial purposes or in substantial competition with data available from a licensee under this Act.". SEC. 308. Section 603 of the Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4273) is amended to read as follows: "NONREPRODUCTION

"SEC. 603. In addition to such other terms and conditions as the system operator may set forth in compliance with section 601 of this Act, the system operator may require that unenhanced data not be reproduced or disseminated by any foreign or domestic purchaser.". Approved October 30, 1987.

LEGISLATIVE HISTORY—H.R. 2782 (S. 1164): HOUSE REPORTS: No. 100-204 (Comm. on Science, Space, and Technology). SENATE REPORTS: No. 100-87 accompanying S. 1164 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): July 9, considered and passed House. July 10, considered and passed Senate, amended, in lieu of S. 1164. Oct. 8, House concurred in Senate amendment with an amendment. Oct. 13, Senate concurred in House amendment.

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