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N.I.I. (National Information Infrastructure) - N.I.I. Fellows
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404513178
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N.I.I. (National Information Infrastructure) - N.I.I. Fellows
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Records of the Office of the Counsel to the President (Clinton Administration)
Kathleen Whalen's Files
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FOIA Number: 2019-0203-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Counsel Office
Series/Staff Member:
Kathleen Whalen
Subseries:
OA/ID Number:
6958
FolderID:
Folder Title:
N.I.I. (National Information Infrastructure) - N.I.I. Fellows
Stack:
Row:
Section:
Shelf:
Position:
S
112
4
6
3
call Wed. AM
Amer Assin for Advancement of science
Fellows
Sloan
use IPA as much as possive = states, municipalities, universites,
many/ most non-profit organizations
- problem will ve private sector.
- adersory committees?
- WH is only agency wl Volunten authority.
Colven
BN = no problem telling her "no" absent statute
- WH can accept Volunteer services - ur have to do conflict analysis
legis wants want x to san laron 6491
- cannot send those Volunteers to other agencies
1st, etc.
fellow
other agencies can use any other authouty they
NTE
may have. to accept fellows.
have they
Buice Reed?
12/01/93
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WHITE HOUSE/NEC
001
FAX TRANSMISSION
The National Economic Council
The White House
To: Kathi whalen
Phone: 7903
FAX: 456-1647
From: ElizABeTH CoheN
Phone: 202-456-6491 FAX: 202-456-2223
456-2801
Date: 12/1
Time:
FUI
Pages to follow: 7
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/
UNITED STATES DEPARTMENT OF COMMERCE
UNITED STATES of /
The Office of the Under Secretary
for Technology
Washington, p.c. 20230
November 24, 1993
TECHNOLOGY ANALYSIS GROUP
CIVILIAN INDUSTRIAL TECHNOLOGIES COMMITTEE
PARTNERSHIP for a NEW GENERATION of VEHICLES
HCHB, Room 4841; Washington, DC 20230
202-482-4844; FAX 202-482-4362
e-mail: [email protected]
TO:
Name
ELIZABETH COHEN
Organization
NEC 00 WH
FAX Number
456-2223
Voice Number
FROM:
Cary Gravatt
MESSAGE INFO ON 1E3 FELLOWS PRGM.
/
OVERVIEW Descin
R.A.
R
ACTUAL AGREEMENT IEEF + TA(Dae)
FOR M. SMITH
NUMBER OF PAGES 7 (INCLUDING COVER SHEET)
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F.02
IEEE-USA EXECUTIVE FELLOWS PROGRAM
The IEEE-USA Executive Fellows Program was founded in 1991. It is a companion to the
IEEE-USA Congressional Fellows Program which was founded in 1973. Both programs
share the common goal of placing qualified IEEE-USA members as Fellows in positions to
provide advice and technical expertise to government policy-makers.
The Executive Fellows Program began with a request by the then Deputy Secretary of
Commerce, Mr. Thomas Murrin, to IEEE-USA for Fellows to assist the first Under Secretary
of Commerce for Technology, Dr. Robert M. White, in the areas of manufacturing and
technology commercialization. In response, the IEEE-USA's Competitiveness Committee
founded the program with support from the IEEE-USA Legislative Initiative. The first two
Fellows, Dr. Marc A. Brodsky and Mr. Malcolm Smith, were recruited from IBM and
Hewlett-Packard respectively to serve one year Fellowships working for Dr. White in the
Department of Commerce's newly-created Technology Administration. Their Fellowships
were subsequently renewed through 1992 with Mr. Smith continuing through May 1993.
In 1992, the Alfred P. Sloan Foundation lent its support to an IEEE-USA effort to put the
Executive Fellows program on a continuing basis. Discussions were held with the
Department of Commerce confirming the interest of the Technology Administration in having
new IEEE-USA Executive Fellows placed. Ads soliciting applications were placed in various
IEEE publications including the August 1993 issue of IEEE Spectrum soliciting applications
by September 30th. Applications will be reviewed and interviews held during late October
1993 to permit selection as soon as possible to allow candidates to make the necessary
moving arrangements.
A target date of January 3, 1994 has been set for the start of this second round of Fellowship
appointments. It is expected that the Fellows will work on the personal staff of the newly
confirmed Under Secretary for Technology, Dr. Mary Good. Dr. Good is a former professor
at Louisiana State University and Vice President, Technology Development for Allied-Signal.
She has served in numerous governmental roles including an appointment to the National
Science Board. More detailed background on Dr. Good is available in Who's Who. Specific
details of the Executive Fellows' assignments and responsibilities at the Department of
Commerce remain to be worked out with Dr. Good.
The former IEEE-USA Executive Fellows have agreed to make themselves available for
contacts by applicants seeking background information. They can be reached as follows:
Marc T. Brodsky . (914) 681-5532 (thru August)
Malcolm Smith - (703) 836-7664 (home/office)
IEEE-United States Activities
1828 L Street, N.W, Suite 1202
Washington, DC 20036-5104
(0) 202-785-0017 (F) 202-785-0835
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AGREEMENT BETWEEN
THE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, INC.
AND
THE TECHNOLOGY ADMINISTRATION
The Technology Administration, hereinafter referred to as TA,
agrees to supervise and administer on behalf of the Institute of
Electrical and Electronics Engineers, Inc., hereinafter referred
to as the Sponsor, a Technology Administration Fellowship,
hereinafter referred to as the TA Fellow. The parties agree as
follows:
Article 1. Statement of Work
The objective of this program is to develop a comprehensive
position on & National Critical Technology. This includes
technical issues, competitiveness factors, industry structure,
and current private sector and government investments. The goal
is to identify opportunities for action that will strengthen the
U.S. position in this technology.
Article 2. Program Details
2.1
The Program described in Article 1 shall be conducted
during the period commencing on or about January 1, 1991 and
ending on or about December 31, 1991, subject to extension by
mutual agreement of the parties hereto, and to the provisions of
sections 2.3 and 4.
2.2
TA shall be the supervising agency, both administrative
and programmatic, for the TA Fellow. The Under Secretary for
Technology shall serve as TA Supervisor.
2.3
The activities of the TA Fellow shall be reviewed at
least quarterly by both parties of this Agreement and more
frequently if deemed advisable by either party. Such review
shall precede approval of the work program for each succeeding
period. The Sponsor's Staff Director for Professional Activities
shall represent the Sponsor in these reviews.
2.4
Malcolm Smith
shall serve as TA Fellow for
the Program described herein.
2.5
While it shall be the privilege and responsibility of the
Sponsor to select the TA Fellows, they shall also be acceptable
to TA.
2.6
TA will provide, at no cost to Sponsor, office
facilities, secretarial and other staff support through the
office of the Under Secretary for Technology, including access to
appropriate government data which would facilitate the work of
the TA Fellow. Travel approved by TA would be at no cost to
Sponsor.
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to 2.7 perform scientific study research consistent with the
The purpose of this Agreement is to permit the TA Fellow
provisions of 20 U.S.C. 91. The TA Fellow will have
responsibilities and support customary to a Special Assistant to
the Under Secretary for Technology. At the direction of the
Under Secretary the TA Fellow will attend meetings involving the
full range of issues in which TA is involved, and will be
encouraged to fully share the results of study research within
the Technology Administration. The TA Fellow will be encouraged
to draw on information resources both within and outside the
Department relevant to his area of scientific study research,
including working with private sector organizations and their
members who possess special expertise, including the Sponsor.
2.8 from sources external to TA and provided by the Sponsor to TA for
Special equipment and instruments obtained by the Sponsor
use in connection with the Program covered by this Agreement will
be returned to the Sponsor at the Sponsor's expense and risk as
soon as practicable after termination of this Agreement. The
Sponsor agrees to assume full responsibility for maintenance of
such equipment and instruments and agrees to hold TA free from
liability for any loss thereof or damage thereto.
2.9
Remuneration to the TA Fellow for salary, relocation
costs, living expenses, medical insurance and all other personnel
benefits including Social Security, and personal travel and
related expenditures shall be the responsibility of the Sponsor.
2.10 Security and Standards of Conduct Requirements. TA
Fellows will not be subject to the formal appointment
requirements and procedures applicable to employees of the
Government but will be subject to the requirements set forth
below:
2.10.1 TA Fellows must meet the security clearance requirements
specified in DAO 207-3, "Security Requirements for Research
Associates, Guest Workers, and Trainees."
2.10.2 TA Fellows will, insofar as practicable and consistent
with their status and activity, be required to conform to the
usual administrative requirements and rules of conduct generally
applicable to the activities to which they are assigned and to
the Department employees with whom they are most closely
associated. In this regard, Department regulations on Employee
Responsibilities and Conduct, 15 CFR Part 0, are made part of
this Agreement. In particular, TA Fellows shall not engage in
outside activity, including business activity, that is
incompatible with the policies and interests of the Department.
In addition, TA Fellows shall pursue their activities at TA on
the work schedule that applies to TA employees.
12/01/93
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Article 3. Publication. Work completed by TA Fellows
shall be made available to the public under the same conditions
as work performed by TA employees. In no event, however, shall
the name of the Sponsor or any of its trademarks and tradenames
be used in TA publications without its prior written consent.
Article 4. Termination. The Sponsor and TA each have
the right to terminate this Agreement, or the association with
any indívidual TA Fellow, upon 60 days notice in writing to the
other party.
Article 5. Disputes
5.1
Settlement. Any dispute arising under this Agreement
which is not disposed of by agreement of the parties shall be
submitted jointly to the signatories of this Agreement. A joint
decision of the signatories or their designees shall be the
disposition of such dispute.
5.2
If the signatories are unable to jointly resolve a
dispute within a reasonable period of time after submission of
the dispute for resolution, the matter shall be submitted to the
Under Secretary for Technology for resolution.
5.3
continuation of Work. Pending the resolution of any
dispute or claim pursuant to this Article, the parties agree that
performance of all obligations shall be pursued diligently in
accordance with the direction of the TA signatory.
Article 6. Liability
6.1
Property. The U.S Government shall not be responsible
for damages to any property of the Sponsor provided to TA or
acquired by TA pursuant to this Agreement.
6.2
Indemnification.
6.2.1 TA Fellows are not employees of TA. The Sponsor and the
TA Fellow agree to indemnify and hold harmless the U.S.
Government for any loss, claim, damage, or liability of any kind
involving the TA Fellow arising in connection with this
Agreement, except to the extent that such loss, claim, damage or
liability arises from the negligence of TA or its employees. TA
shall be solely responsible for the payment of all claims for the
loss of property, personal injury or death, or otherwise arising
out of any negligent act or omission of its employees in
connection with the performance of work under this Agreement.
6.2.2 The Sponsor holds the U.S. Government harmless and
indemnifies the Government for all liabilities, demands, damages,
expenses and losses arising out of the use by the Sponsor, or any
party acting on its behalf or under its authorization, of TA's
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research and technical developments or out of any use, sale or
other disposition by the Sponsor or others acting on its behalf
or with its authorization, of products made by the use of TA's
technical developments. This provision shall survive termination
of this Agreement.
unforeseeable 6.3 event beyond its reasonable control not caused by
Force Majeure. Neither party shall be liable for any
the fault or negligence of such party, which causes such party to
be unable to perform its obligations under this Agreement (and
which it has been unable to overcome by the exercise of due
diligence), including, but not limited to, flood, drought,
earthquake, storm, fire, pestilence, lightning and other natural
catastrophes, epidemic, war, riot, civic disturbance or
discbedience, strikes, labor dispute, or failure, threat of
failure, or sabotage of the TA facilities, or any order or
injunction made by a court or public agency. In the event of the
occurrence of such a force majeure event, the party unable to
perform shall promptly notify the other party. It shall further
use its best efforts to resume performance as quickly as possible
and shall suspend performance only for such period of time as is
necessary as a result of the force majeure event.
Article 7. Miscellaneous
7.1
No Benefits. No member of, or delegate to the United
States Congress, or resident commissioner, shall be admitted to
any share or part of this Agreement, nor to any benefit that may
arise therefrom; but this provision shall not be construed to
extend to this Agreement if made with a corporation for its
general benefit.
7.2
Governing Law. The construction validity, performance and
effect of this Agreement for all purposes shall be governed by
the laws applicable to the Government of the United States,
7.3
Entire Agreement. This Agreement constitutes the entire
agreement between the parties concerning the subject matter
hereof and supersedes any prior understanding or written or oral
agreement relative to said matter.
7.4
Headings. Titles and headings of the Sections and
Subsections of this Agreement are for the convenience of
references only and do not form a part of this Agreement and
shall in no way affect the interpretation thereof.
7.5
Amendments. If either party desires a modification in
this Agreement, the parties shall, upon reasonable notice of the
proposed modification by the party desiring the change, confer in
good faith to determine the desirability of such modification.
Such modification shall not be effective until a written
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amendment is signed by all the parties hereto by their
representatives duly authorized to execute such amendment.
7.6
Assignment. Neither this Agreement nor any rights or
obligations of any party hereunder shall be assigned or otherwise
transferred by either party without the prior written consent of
the other party except that the Sponsor may assign this Agreement
to the successors or assignees of a substantial portion of the
Sponsor's business interest to which this Agreement directly
pertains.
7.7
Notices. All notices pertaining to or required by this
Agreement shall be in writing and shall be directed to the
signator (s).
7.8
Independent Contractors. The relationship of the parties
to this Agreement is that of independent contractors and not as
agents of each other or as joint venturers or partners. TA shall
maintain sole and exclusive control over its personnel and
operations.
7.9
Use OF Name or Endorsements. (a) The TA Fellow or
Sponsor shall not use the name of TA or the Department of
Commerce on any product or service which is directly or
indirectly related to this Agreement without the prior approval
of TA. (b) By entering into this Agreement TA does not directly
or indirectly endorse any product or service provided, or to be
provided, by the Sponsor its successors, assignees, or licensees.
The Sponsor shall not in any way imply that this Agreement is an
endorsement of any such product or service.
Article 8. Effective Date. This Agreement shall enter
into force as of the date of the last signature of the parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their duly authorized representatives as follows:
Signed For the Sponsor:
, honas Barth
Date:
associate Gennal manager
Mahl PH
Signed By the TA Fellow:
Date:
TECHNOLOGY FALLOW.
JUNE 3. 1991.
(Title)
For TA:
Butit
Under Secretary
Date:
Federal Register / Vol. 58, No. 16 / Wednesday, January 27, 1993 / Presidential Documents
6189
Presidential Documents
Executive Order 12835 of January 25, 1993
Establishment of the National Economic Council
By the authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, including sections
105, 107, and 301 of title 3, United States Code, it is hereby ordered
as follows:
Section 1. Establishment. There is established the National Economic Council
("the Council").
Sec. 2. Membership. The Council shall comprise the:
(a) President, who shall serve as Chairman of the Council;
(b) Vice President;
(c) Secretary of State;
(d) Secretary of the Treasury;
(e) Secretary of Agriculture;
(f) Secretary of Commerce;
(g) Secretary of Labor;
(h) Secretary of Housing and Urban Development;
(i) Secretary of Transportation;
(j) Secretary of Energy;
(k) Administrator of the Environmental Protection Agency;
(1) Chair of the Council of Economic Advisers;
(m) Director of the Office of Management and Budget;
(n) United States Trade Representative;
(o) Assistant to the President for Economic Policy;
(p) Assistant to the President for Domestic Policy;
(q) National Security Adviser;
(r) Assistant to the President for Science and Technology Policy;
and
(s) Such other officials of executive departments and agencies as
the President may, from time to time, designate.
Sec. 3. Meetings of the Council. The President, or upon his direction, the
Assistant to the President for Economic Policy ("the Assistant"), may convene
meetings of the Council. The President shall preside over the meetings
of the Council, provided that in his absence the Vice President, and in
his absence the Assistant, will preside.
Sec. 4. Functions. (a) The principal functions of the Council are: (1) to
coordinate the economic policy-making process with respect to domestic
and international economic issues; (2) to coordinate economic policy advice
to the President; (3) to ensure that economic policy decisions and programs
are consistent with the President's stated goals, and to ensure that those
goals are being effectively pursued; and (4) to monitor implementation of
the President's economic policy agenda. The Assistant may take such actions,
including drafting a Charter, as may be necessary or appropriate to implement
such functions.
(b) All executive departments and agencies, whether or not represented
on the Council, shall coordinate economic policy through the Council.
6190
Federal Register / Vol. 58, No. 16 / Wednesday, January 27, 1993 / Presidential Documents
(c) In performing the foregoing functions, the Assistant will, when appro-
priate, work in conjunction with the Assistant to the President for Domestic
Policy and the Assistant to the President for National Security.
(d) The Secretary of the Treasury will continue to be the senior economic
official in the executive branch and the President's chief economic spokes-
person. The Director of the Office of Management and Budget, as the Presi-
dent's principal budget spokesperson, will continue to be the senior budget
official in the executive branch. The Council of Economic Advisers will
continue its traditional analytic, forecasting and advisory functions.
Sec. 5. Administration. (a) The Council may function through established
or ad hoc committees, task forces or interagency groups.
(b) The Council shall have a staff to be headed by the Assistant to the
President for Economic Policy. The Council shall have such staff and other
assistance as may be necessary to carry out the provisions of this order.
(c) All executive departments and agencies shall cooperate with the Council
and provide such assistance, information, and advice to the Council as
the Council may request, to the extent permitted by law.
williams Tennson
THE WHITE HOUSE,
January 25, 1993.
[FR Doc. 93-2102
Filed 1-25-93; 2:07 pm]
Billing code 3195-01-M
Editorial note: For the President's remarks on the establishment of this economic council
see issue 4 of the Weekly Compilation of Presidential Documents.
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
49025
National Telecommunications and
opportunities for useful and fulfilling
the event of a failure and, perhaps most
Information Administration
employment, by "telecommuting" to
importantly, easy to use.
[Docket No. 930940-3240]
their offices through an electronic
highway;
Improve management of the radio
The best schools, teachers, and
frequency spectrum, an increasingly
The National Information
Infrastructure: Agenda for Action
courses would be available to all
critical resource.
students, without regard to geography,
Protect intellectual property rights.
AGENCY: National Telecommunications
distance, resources, or disability;
The Administration will investigate
and Information Administration, DOC.
Services that improve America's
how to strengthen domestic copyright
ACTION: Administration policy
health care system and respond to other
laws and international intellectual
statement.
important social needs could be
property treaties to prevent piracy and
available on-line, without waiting in
to protect the integrity of intellectual
SUMMARY: On September 15, 1993, the
line, when and where you needed them.
property.
Administration released an "Agenda for
Private sector firms are already
Action" for the National Information
developing and deploying that
Coordinate with other levels of
Infrastructure. The Agenda for Action
infrastructure today. Nevertheless, there
government and with other nations.
remain essential roles for government in
Because information crosses state,
describes the role of the government in
promoting the development of the
this process. Carefully crafted
regional, and national boundaries,
coordination is critical to avoid needless
telecommunications and information
government action will complement and
infrastructure by the private sector, and
enhance the efforts of the private sector
obstacles and prevent unfair policies
in ensuring that all Americans have
and assure the growth of an information
that handicap U.S. industry.
access to this infrastructure. This
infrastructure available to all Americans
Provide access to government
infrastructure will connect the nation's
at reasonable cost. In developing our
information and improve government
businesses, residences, schools, health
policy initiatives in this area, the
procurement. The Administration will
care facilities and public information
Administration will work in close
seek to ensure that Federal agencies, in
providers through advanced, interactive,
partnership with business, labor,
concert with state and local
high-speed networks.
academia, the public, Congress, and
governments, use the NII to expand the
DATES: Comments may be filed at any
state and local government. Our efforts
information available to the public,
time.
will be guided by the following
ensuring that the immense reservoir of
principles and objectives:
government information is available to
ADDRESSES: Comments may be sent to:
Promote private sector investment,
NTIA NII Office, U.S. Department of
the public easily and equitably.
Commerce, 14th Street and Constitution
through appropriate tax and regulatory
Additionally, Federal procurement
policies.
Avenue, NW., room 4898, Washington,
policies for telecommunications and
Extend the "universal service"
DC 20230. Comments may also be sent
information services and equipment
concept to ensure that information
electronically by Internet Email to
will be designed to promote important
resources are available to all at
[email protected].
technical developments for the NII and
affordable prices. Because information
to provide attractive incentives for the
FOR FURTHER INFORMATION CONTACT:
means empowerment-and
private sector to contribute to NII
NTIA NII Office, (202) 273-3366 or
employment-the government has a
development.
(202) 482-1551.
duty to ensure that all Americans have
access to the resources and job creation
The time for action is now. Every day
Authority: 47 U.S.C. 901 et seq.
potential of the Information Age.
brings news of change: new
SUPPLEMENTARY INFORMATION:
Act as a catalyst to promote
technologies, like hand-held
The National Information Infrastructure:
technological innovation and new
computerized assistants; new ventures
Agenda for Action
applications. Commit important
and mergers combining businesses that
government research programs and
not long ago seemed discrete and
Table of Contents
grants to help the private sector develop
insular; new legal decisions that
Executive Summary
Tab A
The NII: Agenda for Action
Tab B
and demonstrate technologies needed
challenge the separation of computer,
Benefits and Application Examples
Tab C
for the NII, and develop the applications
cable, and telephone companies. These
Information Infrastructure Task Force
Tab D
and services that will maximize its
changes promise substantial benefits for
U.S. Advisory Council on the NII
Tab E
value to users.
the American people, but only if
NII Accomplishments to Date
Tab F
Promote seamless, interactive, user-
government understands fully their
Tab A-The National Information
driven operation of the NIL As the NII
implications and begins working with
Infrastructure: Agenda for Action
evolves into a "network of networks,"
the private sector and other interested
Executive Summary
government will ensure that users can
parties to shape the evolution of the
transfer information across networks
communications infrastructure.
All Americans have a stake in the
easily and efficiently. To increase the
The benefits of the NII for the nation
construction of an advanced National
likelihood that the NII will be both
are immense. An advanced information
Information Infrastructure (NII), a
interactive and, to a large extent, user-
infrastructure will enable U.S. firms to
seamless web of communications
driven, government must reform
compete and win in the global economy,
networks, computers, databases, and
regulations and policies that may
generating good jobs for the American
consumer electronics that will put vast
inadvertently hamper the development
people and economic growth for the
amounts of information at users'
of interactive applications.
nation. As importantly, the NIF can
fingertips. Development of the NII can
Ensure information security and
transform the lives of the American
help unleash an information revolution
network reliability. The NII must be
people-ameliorating the constraints of
that will change forever the way people
trustworthy and secure, protecting the
geography, disability, and economic
live, work, and interact with each other:
privacy of its users. Government action
status-giving all Americans a fair
People could live almost anywhere
will also ensure that the overall system
opportunity to go as far as their talents
they wanted, without foregoing
remains reliable, quickly repairable in
and ambitions will take them.
49026
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
Tab B-The National Information
and global competition, the technologies
our laboratories, studios, publishing
Infrastructure: the Administration's
to create, manipulate, manage and use
houses, and elsewhere.
Agenda for Action
information are of strategic importance
Applications and software that
for the United States. Those
Version 1.0
allow users to access, manipulate,
technologies will help U.S. businesses
organize, and digest the proliferating
I. The Promise of the NII
remain competitive and create
mass of information that the NII's
Imagine you had a device that
challenging, high-paying jobs. They also
facilities will put at their fingertips.
will fuel economic growth which, in
The network standards and
combined a telephone, a TV, a
turn, will generate a steadily-increasing
transmission codes that facilitate
camcorder, and a personal computer. No
matter where you went or what time it
standard of living for all Americans.
interconnection and interoperation
was, your child could see you and talk
That is why the Administration has
between networks, and ensure the
launched the National Information
to you, you could watch a replay of your
privacy of persons and the security of
Infrastructure initiative. We are
the information carried, as well as the
team's last game, you could browse the
latest additions to the library, or you
committed to working with business,
security and reliability of the networks.
could find the best prices in town on
labor, academia, public interest groups,
The people-largely in the private
Congress, and state and local
sector-who create the information,
groceries, furniture, clothes-whatever
governments to ensure the development
develop applications and services,
you needed.
of a national information infrastructure
construct the facilities, and train others
Imagine further the dramatic changes
(NII) that enables all Americans to
to tap its potential. Many of these
in your life if:
access information and communicate
The best schools, teachers, and
people will be vendors, operators, and
courses were available to all students,
with each other using voice, data, image
service providers working for private
or video at anytime, anywhere. By
industry.
without regard to geography, distance,
encouraging private sector investment
Every component of the information
resources, or disability;
The vast resources of art, literature,
in the NII's development, and through
infrastructure must be developed and
government programs to improve access
integrated if America is to capture the
and science were available everywhere,
to essential services, we will promote
promise of the Information Age.
not just in large institutions or big-city
U.S. competitiveness, job creation and
The Administration's NII initiativé
libraries and museums;
Services that improve America's
solutions to pressing social problems.
will promote and support full
health care system and respond to other
II. What Is the NII?
development of each component.
Regulatory and economic policies will
important social needs were available
The phrase "information
be adopted that encourage private firms
on-line, without waiting in line, when
infrastructure" has an expansive
to create jobs and invest in the
and where you needed them;
meaning. The NII includes more than
applications and physical facilities that
You could live in many places
just the physical facilities used to
comprise the infrastructure. The Federal
without foregoing opportunities for
transmit, store, process, and display
government will assist industry, labor,
useful and fulfilling employment, by
voice, data, and images. It encompasses:
academia, and state and local
"telecommuting" to your office through
A wide range and ever-expanding
governments in developing the
an electronic highway instead of by
range of equipment including cameras,
information resources and applications
automobile, bus or train;
scanners, keyboards, telephones, fax
needed to maximize the potential of
Small manufacturers could get
machines, computers, switches,
those underlying facilities. Moreover,
orders from all over the world
compact disks, video and audio tape,
and perhaps most importantly, the NII
electronically-with detailed
cable, wire, satellites, optical fiber
initiative will help educate and train
specifications-in a form that the
transmission lines, microwave nets,
our people so that they are prepared not
machines could use to produce the
switches, televisions, monitors, printers,
only to contribute to the further growth
necessary items;
and much more.
of the NII, but also to understand and
You could see the latest movies,
The NII will integrate and
play the hottest video games, or bank
enjoy fully the services and capabilities
interconnect these physical components
that it will make available.
and shop from the comfort of your home
in a technologically neutral manner so
whenever you chose;
that no one industry will be favored
III. Need for Government Action To
You could obtain government
over any other. Most importantly, the
Complement Private Sector Leadership
information directly or through local
NII requires building foundations for
The foregoing discussion of the
organizations like libraries, apply for
living in the Information Age and for
transforming potential of the NII should
and receive government benefits
making these technological advances
not obscure a fundamental fact-the
electronically, and get in touch with
useful to the public, business, libraries,
private sector is already developing and
government officials easily; and
and other nongovernmental entities.
deploying such an infrastructure today.
Individual government agencies,
That is why, beyond the physical
The United States communications
businesses and other entities all could
components of the infrastructure, the
system-the conduit through which
exchange information electronically-
value of the National Information
most information is accessed or
reducing paperwork and improving
Infrastructure to users and the nation
distributed-is second to none in speed,
service.
will depend in large part on the quality
capacity, and reliability. Each year the
Information is one of the nation's
of its other elements:
information resources, both hárdware
most critical economic resources, for
The information itself, which may
and software, available to most
service industries as well as
be in the form of video programming,
Americans are substantially more
manufacturing, for economic as well as
scientific or business data bases, images,
extensive and more powerful than the
national security. By one estimate, two-
sound recordings, library archives, and
previous year.
thirds of U.S. workers are in
other media. Vast quantities of that
The private sector will lead the
information-related jobs, and the rest are
information exist today in government
deployment of the NII. In recent years,
in industries that rely heavily on
agencies and even more valuable
U.S. companies have invested more
information. In an era of global markets
information is produced every day in
than $50 billion annually in
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
49027
telecommunications infrastructure-end
unfair policies that handicap U.S.
Congress and the private sector to
that figure does not account for the vast
industry.
propose the policies and initiatives
investments made by firms in related
(9) Provide access to government
needed to accelerate deployment of a
industries, such as computers. In
information and improve government
National Information Infrastructure.
contrast, the Administration's ambitious
procurement. As described in the
Activities of the IITF include
agenda for investment in critical NII
National Performance Review, the
coordinating government efforts in NII
projects (including computing) amounts
Administration will seek to ensure that
applications, linking government
to $1-2 billion annually. Nonetheless,
Federal agencies, in concert with state
applications to the private sector,
while the private sector role in NII
and local governments, use the NII to
resolving outstanding disputes, and
development will predominate, the
expand the information available to the
implementing Administration policies.
government has an essential role to
public, so that the immense reservoir of
Chaired by Secretary of Commerce Ron
play. In particular, carefully crafted
government information is available to
Brown and composed of highlevel
government action can complement and
the public easily and equitably.
Federal agency representatives, the
enhance the benefits of these private
Additionally, Federal procurement
IITF's three committees focus on
sector initiatives. Accordingly, the
policies for telecommunications and
telecommunications policy, information
Administration's NII initiative will be
information services and equipment
policy, and applications.
guided by the following nine principles
will be designed to promote important
(2) Establish a private sector Advisory
and goals, which are discussed in more
technical developments for the NII and
Council on the National Information
detail below:
to provide attractive incentives for the
Infrastructure.
(1) Promote private sector investment,
private sector to contribute to NII
To facilitate meaningful private sector
through tax and regulatory policies that
development.
participation in the IITF's deliberations,
encourage innovation and promote long-
The time for action is now. Every day
the President will sign an Executive
term investment, as well as wise
brings news of change: new
Order creating the "United States
procurement of services.
technologies, like hand-held
Advisory Council on the National
(2) Extend the "universal service"
computerized assistants; new ventures
Information Infrastructure" to advise the
concept to ensure that information
and mergers combining businesses that
IITF on matters relating to the
resources are available to all at
not long ago seemed discrete and
development of the NII. The Council
affordable prices. Because information
insular; new legal decisions that
will consist of 25 members, who will be
means empowerment, the government
challenge the separation of computer,
named by the Secretary of Commerce by
has a duty to ensure that all Americans
cable and telephones. These changes
December 1993. Nominations will be
have access to the resources of the
promise substantial benefits for the
solicited from a variety of NII
Information Age.
American people, but only if
constituencies and interested parties.
(3) Act as catalyst to promote
government understands fully the
The IITF and its committees also will
technological innovation and new
implications of these changes and to
use other mechanisms to solicit public
applications. Commit important
work with the private sector and other
comment to ensure that it hears the
government research programs and
interested parties to shape the evolution
views of all interested parties.
grants to help the private sector develop
of the communications infrastructure.
(3) Strengthen and streamline Federal
and demonstrate technologies needed
communications and information
for the NII.
IV. Managing Change/ Forging
policy-making agencies.
(4) Promote seamless, interactive,
Partnerships
In order to implement the ambitious
user-driven operation of the NII. As the
We will help to build a partnership of
agenda outlined in this document, the
NII evolves into a "network of
business, labor, academia, the public,
federal agencies most directly
networks," government will ensure that
and government that is committed to
responsible for the evolution of the NIL
users can transfer information across
deployment of an advanced, rapid,
(such as NTIA, the Office of Information
networks easily and efficiently.
powerful infrastructure accessible and
and Regulatory Affairs at OMB, and the
(5) Ensure information security and
accountable to all Americans.
FCC) must be properly structured and
network reliability. The NII must be
Forging this partnership will require
adequately staffed to address many new
trustworthy and secure, protecting the
extensive inter-governmental
and difficult policy issues. The
privacy of its users. Government action
coordination to ensure that
Administration intends to ensure that
will also aim to ensure that the overall
Administration, Congressional, state
these agencies have the intellectual and
system remains reliable, quickly
and local government policy regarding
material resources they need. In
repairable in the event of a failure and,
the NII is consistent, coherent, and
addition, in accord with the Vice
perhaps most importantly, easy to use.
timely. It also requires the development
President's National Performance
(6) Improve management of the radio
of strong working alliances among
Review, these agencies will make the
frequency spectrum, an increasingly
industry groups and between
organizational and procedural changes
critical resource.
government and the businesses
needed to most effectively contribute to
(7) Protect intellectual property rights.
responsible for creating and operating
the NII initiative.
The Administration will investigate
the NII. Finally, close cooperation will
how to strengthen domestic copyright
be needed between government, users,
V. Principles and Goals for Government
laws and international intellectual
Action
service providers, and public interest
property treaties to prevent piracy and
groups to ensure that the NII develops
The Task Force currently is
to protect the integrity of intellectual
in a way that benefits the American
undertaking a wide-ranging examination
property.
people.
of all issues relevant to the timely
(8) Coordinate with other levels of
Specifically, the Administration will:
development and growth of the National
government and with other nations.
(1) Establish an interagency Information
Information Infrastructure. Specific
Because information crosses state,
Infrastructure Task Force.
principles and goals in areas where
regional, and national boundaries,
The President has convened a Federal
government action is warranted have
coordination is important to avoid
inter-agency "Information Infrastructure
already been identified and work has
unnecessary obstacles and to prevent
Task Force" (IITF) that will work with
begun on the following matters:
49028
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
1. Promote Private Sector Investment
consistent with efforts to spur
development of beneficial public
One of the most effective ways to
infrastructure development by
applications in the fields of education,
promote investments in our nation's
increasing competition in
health care, manufacturing, and
communications and information
information infrastructure is to
provision of government services.
introduce or further expand competition
markets. As noted above, competition
Action: Continue the High-
in communications and information
can make low-cost, high-quality services
Performance Computing and
markets. Vibrant competition in these
and equipment widely available.
Communications Program. Established
Policies promoting greater competition
by the High-Performance Computing
markets will spur economic growth,
in combination with targeted support
Act of 1991, the HPCC Program funds
create new businesses and benefit U.S.
for disadvantaged users or especially
R&D designed to create more powerful
consumers.
To realize this vision, however, policy
high-cost or rural areas would advance
computers, faster computer networks,
changes will be necessary:
both rapid infrastructure modernization
and more sophisticated software. In
Action: Passage of communications
and expanded Universal Service.
addition, the HPCC Program is
Action: Develop a New Concept of
providing scientists and engineers with
reform legislation. The Administration
Universal Service. To gather
the tools and training they need to solve
will work with Congress to pass
information on the best characteristics
"Grand Challenges," research
legislation by the end of 1994 that will
of an expanded concept of Universal
problems-like designing new drugs-
increase competition and ensure
Service, the Commerce Department's
that cannot be solved without the most
universal access in communications
National Telecommunications and
powerful computers. The
markets-particularly those, such as the
Information Administration (NTIA) will
Administration has requested $1 billion
cable television and local telephone
hold a series of public hearings on
for the HPCC Program in fiscal year
markets, that have been dominated by
Universal Service and the NII, beginning
1994, and is in the process of forming
monopolies. Such legislation will
by December 1993. The Administration
a "High-Performance Computing
explicitly promote private sector
will make a special effort to hear from
Advisory Committee," to provide
infrastructure investment-both by
public interest groups. Building on the
private sector input on the Program.
companies already in the market and
knowledge gained from these activities,
We have also requested an additional
those seeking entry.
the IITF will work with the Advisory
$96 million in the FY 1994 budget to
Action: Revision of tax policies. Tax
Council on the National Information
create a new component of the HPCC
policies are important determinants of
Infrastructure, as well as with state
Program-Information Infrastructure
the amount of private sector investment
regulatory commissions, to determine
Technologies and Applications (IITA).
in the NII. The President has signed into
how the Universal Service concept
The Administration is working with
law tax incentives for private sector
should be applied in the 21st century.
Congress to obtain authorization to fund
investment in R&D and new business
this effort, which will develop and
formation, including a three-year
3. Promote Technological Innovation
apply high-performance computing and
extension of the R&D credit and a
and New Applications
high-speed networking technologies for
targeted capital gains reduction for
Government regulatory, antitrust, tax,
use in the fields of health care,
investments in small businesses. Both of
and intellectual property policies all
education, libraries, manufacturing, and
these tax incentives will help spur the
affect the level and timing of new
provision of government information.
private sector investment needed to
offerings in services and equipment-
Action: Implement the NII Pilot
develop the NII.
including the technology base that
Projects Program. In its FY 94 budget,
2. Extend the "Universal Service"
generates innovations for the
the Administration has requested
Concept to Ensure That Information
marketplace. But technological
funding from the Congress for NII
Resources Are Available to All at
innovations ultimately depend upon
networking pilot and demonstration
Affordable Prices
purposeful investment in research and
projects. Under NTIA's direction, this
development, by both the private sector
pilot program will provide matching
The Communications Act of 1934
and government. R&D investment helps
grants to state and local governments,
articulated in general terms a national
firms to create better products and
health care providers, school districts,
goal of "Universal Service" for
services at lower costs.
libraries, universities, and other non-
telephones-widespread availability of
As noted in the Administration's
profit entities. The grants will be
a basic communications service at
February 22, 1993 technology policy
awarded after a competitive merit
affordable rates. A major objective in
statement: "We are moving to accelerate
review process and will be used to fund
developing the NII will be to extend the
the development of technologies critical
projects to connect institutions to
Universal Service concept to the
for long-term growth but not receiving
existing networks, enhance
information needs of the American
adequate support from private firms,
communications networks that are
people in the 21st century. As a matter
either because the returns are too distant
currently operational, and permit users
of fundamental fairness, this nation
or because the level of funding required
to interconnect among different
cannot accept a division of our people
is too great for individual firms to bear."
networks. Funded projects will
among telecommunications or
Government research support already
demonstrate the potential of the NII and
information "haves" and "have-nots."
has helped create basic information
provide tangible benefits to their
The Administration is committed to
technologies in computing, networking
communities. Equally important, they
developing a broad, modern concept of
and electronics. We will support further
will help leverage the resources and
Universal Service-one that would
NII-related research and technology
creativity of the private sector to devise
emphasize giving all Americans who
development through research
new applications and uses of the NII.
desire it easy, affordable access to
partnerships and other mechanisms to
The successes of the these pilot:projects
advanced communications and
accelerate technologies where market
will create an iterative process that will
information services, regardless of
mechanisms do not adequately reflect
generate more innovative approaches
income, disability, or location.
the nation's return on investment. In
each year.
Devising and attaining a new goal for
particular, these government research
Action: Inventory NII Applications
expanded Universal Service is
and funding programs will focus on the
Projects. Many insights can be gained by
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
49029
sharing information about how
growth of distance medicine
competitiveness to gain market
government can effectively use the NII.
applications.
By the end of January 1994, the IITF
advantage, the confidentiality of this
Action: Review and clarify the
will complete an inventory of current
information can spell the difference
standards process to speed NII
between business success or failure.
and planned government activities and
applications.
will widely disseminate the results
By October 15, 1993 the Commerce
In addition, it is essential that the
through electronic and printed means.
Department's National Institute for
Federal government work with the
An electronic forum is being established
Standards and Technology (NIST) will
communications industry to reduce the
to encourage government and private
establish a panel and work with other
vulnerability of the nation's information
sector contributions and comments
appropriate agencies to review the
infrastructure. The NII must be designed
about government applications projects.
government's involvement in
and managed in a way that minimizes
4. Promote Seamless, Interactive, User-
establishing network requirements and
the impact of accident or sabotage. The
standards with domestic and
system must also continue to function
Driven Operation
international partners. The panel, with
in the event of attack or catastrophic
Because the NII will be a network of
input from the private sector and other
natural disaster.
networks, information must be
levels of government, will consider the
Action: Review privacy concerns of
transferable over the disparate networks
role of the government in the standards
the NII. The IITF has developed a work
easily, accurately, and without
process and will identify opportunities
plan to investigate what policies are
compromising the content of the
for accelerating the deployment of the
necessary to ensure individual privacy,
messages. Moreover, the NII will be of
NII.
while recognizing the legitimate societal
maximum value to users if it is
Action: Review and reform
needs for information, including those
sufficiently "open" and interactive so
government regulations that impede
of law enforcement. The IITF has also
that users can develop new services and
development of interactive services and
developed a work plan to investigate
applications or exchange information
applications. The Administration will
how the government will ensure that the
among themselves, without waiting for
work closely with the private sector, as
infrastructure's operations are
services to be offered by the firms that
well as state and local governments, to
compatible with the legitimate privacy
operate the NII. In this way, users will
identify government policies and
interests of its users.
develop new "electronic communities"
regulations that may hinder the growth
and share knowledge and experiences
of interactive services and applications.
Action: Review of encryption
that can improve the way that they
The IITF will determine how those
technology. In April, the President
learn, work, play, and participate in the
regulations should be changed.
announced a thorough review of Federal
policies on encryption technology. In
American democracy.
5. Ensure Information Security and
addition, Federal agencies are working
To assure interoperability and
Network Reliability
with industry to develop new
openness of the many components of an
The trustworthiness and security of
technologies that protect the privacy of
efficient, high-capacity NII, standards
communications channels and networks
citizens, while enabling law
for voice, video, data, and multi-media
are essential to the success of the NII.
enforcement agencies to continue to use
services must be developed. Those
Users must be assured that information
court-authorized wiretaps to fight
standards also must be compatible with
transmitted over the infrastructure will
terrorism, drug rings, organized crime,
the large installed base of
go when and where it is intended to go.
and corruption. Federal agencies are
communications technologies, and
Electronic information systems can
working with industry to develop
flexible and adaptable enough to meet
create new vulnerabilities. For example,
encryption hardware and software that
user needs at affordable costs. The
electronic files can be broken into and
can be used for this application.
United States has long relied on a
copied from remote locations, and
Action: Work with industry to
consensus-based, voluntary standards-
cellular phone conversations can be
increase network reliability. The
setting process in communications.
monitored easily. Yet these same
National Communications System
Particularly in the area of information
systems, if properly designed, can offer
brings together 23 Federal agencies with
and communications technology, where
greater security than less advanced
product cycles are often measured in
industry to reduce the vulnerability of
communications channels.
the nation's telecommunications
months, not years, the standards process
Through the use of information
systems to accident, sabotage, natural
is critical and has not always worked to
systems, gathering, sending, and
disaster, or military attack. And the
speed technological innovation and
receiving a wide variety of personal
Federal Communications Commission
serve end-users well. Government can
information is now simple, quick, and
has an industry and user Network
catalyze this industry-driven process by
relatively inexpensive. The use of
Reliability Council to advise it on
participating more actively in private-
information technologies to access,
ensuring the reliability of the nation's
sector standards-writing bodies and by
modify, revise, repackage, and resell
commercial telecommunications
working with industry to address
information can benefit individuals, but
strategic technical barriers to
networks. These efforts are increasingly
unauthorized use can encroach on their
important as the threat posed by
interoperability and adoption of new
privacy. While media reports often
terrorism and computing hacking grows.
technologies.
emphasize the role of modern
The NCS will continue its work and will
To increase the likelihood that the NII
information technology in invading
coordinate with the IITF. In addition,
will be both interactive and, to a large
privacy, technology advances and
the National Security
extent, user-driven, government also
enhanced management oversight also
Telecommunications Advisory
must reform regulations and policies
offer the opportunity for privacy
Committee, which advises the President
that may inadvertently hamper the
protection. This protection is especially
in coordination with the NCS, as well as
development of interactive applications.
important to businesses that
the FCC's Network Reliability Council,
For example, government regulations
increasingly transmit sensitive
will coordinate with and complement
concerning the lack of reimbursement of
proprietary data through electronic
the work of the Advisory Council on the
health care procedures may deter the
means. In a climate of tough global
National Information Infrastructure.
49030
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
6. Improve Management of the Radio
how to strengthen domestic copyright
services to potential overseas customers.
Frequency Spectrum
laws and international intellectual
For example, the Commerce Department
Many of the dramatic changes
property treaties to prevent piracy and
is developing new export control
to protect the integrity of intellectual
policies governing computers and
expected from the development of the
information infrastructure will grow out
property. To ensure broad access to
telecommunications equipment
of advances in wireless technologies.
information via the NII, the IITF will
manufactured by U.S. firms. These
The ability to access the resources of the
study how traditional concepts of fair
changes will remove export restrictions
NII at any time, from anywhere in the
use should apply with respect to new
on many of these products and permit
media and new works.
U.S. manufacturers to enter new
country, will be constrained, however, if
there is inadequate spectrum available.
Action: Explore ways to identify and
markets not previously available to
To ensure that spectrum scarcity does
reimburse copyright owners. The IITF
them. The Administration will continue
not impede the development of the NII,
will explore the need for standards for
to work to open overseas markets for
the Administration places a high
the identification of copyright
U.S. services and products.
priority on streamlining its procedures
ownership of information products in
Action: Eliminate barriers caused by
for the allocation and use of this
electronic systems (e.g., electronic
incompatible standards. Equally
headers, labels or signature techniques).
important is the need to avoid trade
valuable resource.
Action: Streamline allocation and use
The Task Force will also evaluate the
barriers raised by incompatible U.S. and
of spectrum. The Administration is
need to develop an efficient system for
foreign standards or-more subtly-
the identification, licensing, and use of
between the methods used to test
working with Congress to fully
implement the spectrum management
work, and for the payment of royalties
conformance to standards. Through its
provisions of the Omnibus Budget and
for copyrighted products delivered or
participation in international standards
Reconciliation Act of 1993, to
made available over electronic
committees, the Administration is
streamline government use of spectrum
information systems.
working to eliminate or avert such
barriers.
and to get spectrum to the public
8. Coordinate With Other Levels of
Action: Examine international and
efficiently. These provisions will
Governmental and With Other Bodies
U.S. trade regulations. The IITF will
provide greater flexibility in spectrum
Domestic: Many of the firms that will
coordinate the Administration's
allocation, including increased sharing
of spectrum between private sector and
likely participate in the NII are now
examination of policy issues related to
government users, increased flexibility
subject to regulation by Federal, state,
the delivery of telecommunications
in technical and service standards, and
and local government agencies. If the
services to and from the U.S., including
information infrastructure is to develop
increased choices for licensees in
claims by some U.S. companies that
employing their assigned spectrum.
quickly and coherently, there must be
regulatory practices in foreign
Action: Promote market principles in
close coordination among the various
countries-including denial of market
government entities, particularly with
access for U.S. carriers and the
spectrum distribution. Further, the
Administration will continue to support
respect to regulatory policy. It is crucial
imposition of excessive charges for
policies that place a greater reliance on
that all government bodies-particularly
completing calls from the United
market principles in distributing
Congress, the FCC, the Administration,
States-are harming the competitiveness
spectrum, particularly in the assignment
and state and local governments-work
of the industry and the costs charged to
cooperatively to forge regulatory
U.S. customers for service. The IITF also
process, as a superior way to apportion
this scarce resource among the widely
principles that will promote
will reexamine U.S. regulation of
differing wireless services that will be a
deployment of the NII.
international telecommunications
part of the NII. At the same time, the
Action: Seek ways to improve
services.
Administration will develop policies to
coordination with state and local
9. Provide Access to Government
ensure that entrepreneurs and small,
officials. The IITF will meet with state
and local officials to discuss policy
Information and Improve Government
rural, minority- and women-owned
Procurement
businesses are able to participate in
issues related to development of the NII.
The Task Force will also seek input
Thomas Jefferson said that
spectrum auctions.
from the private sector and non-federal
information is the currency of
7. Protect Intellectual Property Rights
agencies as it devises proposals for
democracy. Federal agencies are among
Development of an advanced
regulatory reform. The Administration
the most prolific collectors and
information infrastructure will create
is committed to working closely with
generators of information that is useful
state and local governments in
and valuable to citizens and business.
unprecedented market opportunities
and new challenges for our world-
developing its telecommunications
Improvement of the nation's
preeminent media and information
policies.
information infrastructure provides a
industries. The broad public interest in
International: The NII also will
tremendous opportunity to improve the
promoting the dissemination of
develop in the context of evolving
delivery of government information to
information to our citizens must be
global networks. Because customers
the taxpayers who paid for its
balanced with the need to ensure the
typically demand that U.S.
collection; to provide it equitably, at a
integrity of intellectual property rights
communications providers offer services
fair price, as efficiently as possible.
and copyrights in information and
on a global basis, it is critical that the
The Federal government is improving
entertainment products. This protection
infrastructure within this country can
every step of the process of information
is crucial if these products-whether in
meet international, as well as domestic,
collection, manipulation, and
the form of text, images, computer
requirements.
dissemination. The Administration is
programs, databases, video or sound
Action: Open up overseas markets.
funding research programs that will
recordings, or multimedia formats-are
The Administration has shown its
improve the software used for browsing,
to move in commerce using the full
willingness to work directly on behalf of
searching, describing, organizing, and
capability of the NII.
U.S. firms to ensure that they have an
managing information. But it is
Action: Examine the adequacy of
equal opportunity to export
committed as well to applying those
copyright laws. The IITF will investigate
telecommunications-related goods and
tools to the distribution of information
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
49031
that can be useful to the public in their
associated with the dissemination of
Tab C-Benefits and Applications of the
various roles as teachers, researchers,
that information, not with its creation or
National Information Infrastructure
business people, consumers, etc.
collection. Moreover, a number of inter-
The key questions that must be
The development of the National
agency efforts are under way to afford
addressed are: What information does
Information Infrastructure is not an end
greater public access to government
the public want? What information is in
in itself; it is a means by which the
electronic form? By what means can it
information. One project seeks to turn
United States can achieve a broad range
thousands of local and field offices of
be distributed? How can all Americans
of economic and social goals. Although
have access to it? A secondary question
various Federal agencies into Interactive
the NII is not a "silver bullet" for all of
is: How can government itself improve
Citizen Participation Centers, at which
the problems we face, it can make an
through better information
citizens can communicate with the
important contribution to our most
management?
public affairs departments of all Federal
pressing economic and social
Action: Improve the accessibility of
agencies.
challenges.
government information. IITF working
Action: Strengthen inter-agency
This infrastructure can be used by all
groups will carefully consider the
coordination through the use of
Americans, not just by scientists and
problems associated with making
electronic mail. To implement the
engineers. As entrepreneurs, factory
government information broadly
workers, doctors, teachers, federal
National Performance Review's
accessible to the public electronically.
employees, and citizens, Americans can
recommendation on expanded use of
Additionally, several inter-agency
harness this technology to:
electronic mail within the Federal
efforts have been started to ensure that
Create jobs, spur growth, and foster
the right information is stored and
government, an inter-agency
technological leadership;
coordinating body has been established
Reduce health care costs while
available. Finally, to help the public
find government information, an inter-
to incorporate electronic mail into the
increasing the quality of service in
agency project has been formed to
daily work environment of Federal
underserved areas;
develop a virtual card catalogue that
workers. The group is also sponsoring
Deliver higher-quality, lower-cost
will indicate the availability of
three pilot projects to expand
government services;
connectivity that will build a body of
Prepare our children for the fast-
government information in whatever
form it takes.
experience that other Federal agencies
paced workplace of the 21st century;
Action: Upgrade the infrastructure for
can draw on when they begin to use
and
the delivery of government information.
electronic mail.
Build a more open and
The Federal government has already
participatory democracy at all levels of
Action: Reform the Federal
taken a number of steps to promote
government.
procurement process to make
This is not a far-fetched prediction.
wider distribution of its public reports.
government a leading-edge technology
As shown below, our current
Legislation has been enacted to improve
adopter. The Federal government is the
information infrastructure is already
electronic dissemination of government
largest single buyer of high technology
making a difference in the lives of
documents by the Government Printing
products. The government has played a
Office. A number of Federal agencies
ordinary Americans, and we have just
have moved aggressively to convert
key role in developing emerging markets
begun to tap its potential.
their public information into electronic
for advanced technologies of military
significance; it can be similarly effective
Economic Benefits
form and disseminate it over the
Internet, where it will be available to
for civilian technologies. The
The National Information
many more people than have previously
Administration will implement the
Infrastructure will-help create high-
procurement policy reforms set forth in
wage jobs, stimulate economic growth,
had access to such information. In the
the National Performance Review
enable new products and services, and
future, substantial improvements will be
report.
strengthen America's technological
made to "FedWorld," an electronic
leadership. Whole new industries will
bulletin board established by the
VI. America's Destiny is Linked to Our
be created, and the infrastructure will be
Department of Commerce's National
Information Infrastructure
used in ways we can only begin to
Technical Information Service (NTIS),
imagine. Below are some of the
which links the public with more than
The principles and goals outlined in
100 Federal bulletin boards and
potential benefits to the U.S. economy:
this document provide a blueprint for
information centers. These
government action on the NII. Applying
1. Increased Economic Growth and
improvements will enhance FedWorld's
them will ensure that government
Productivity
ability to distribute to the public
provides constructive assistance to U.S.
The Computer Systems Policy
scientific, technical, and business-
industry, labor, academia and private
Project estimates that the NII will
related information generated by the
citizens as they develop, deploy and use
"create as much as $300 billion
U.S. Government and other sources.
the infrastructure.
annually in new sales across a range of
Finally, a conference will be held in the
The potential benefits for the nation
industries."
Fall of 1993 to begin teaching Federal
employees how they can use these
are immense. The NII will enable U.S.
The Economic Strategy Institute
concluded that accelerated deployment
distribution mechanisms.
firms to compete and win in the global
of the NII would increase GDP by $194-
Action: Enhance citizen access to
economy, generating good jobs for the
$321 billion to GNP by the year 2007,
government information. In June 1993,
American people and economic growth
and increase productivity by 20 to 40
OMB prescribed new polices pertaining
for the nation. As importantly, the NII
percent.
to the acquisition, use, and distribution
promises to transform the lives of the
of government information by Federal
American people. It can ameliorate the
2. Job Creation
agencies. Among other things, the
constraints of geography and economic
Although there are no definitive
policies mandate that, in distributing
status, and give all Americans a fair
estimates for the total number of U.S.
information to the public, Federal
opportunity to go as far as-their talents
jobs the deployment of the NII will
agencies should recoup only those costs
and ambitions will take them.
create, it is clear that it has the potential
49032
Federal Register / Vol. 58, No. 181 1 Tuesday, September 21, 1993 / Notices
to create hundreds of thousands of jobs.
Many business applications are
could reduce health care costs by $36 to
For example:
envisioned, including desktop
Industry experts believe that the
$100 billion each year while improving
videoconferencing, rapid delivery of
Personal Communications Services
quality and increasing access. Below are
parts designs to fabrication shops,
industry, a new family of wireless
some of the existing and potential
design of chips on remote
applications:
services, could create as many as
supercomputers, electronic commerce,
300,000 jobs in the next 10-15 years.
and telecommuting.
1. Telemedicine
The development of this industry will
The Council of Great Lakes
By using telemedicine, doctors and
be accelerated by the Emerging
Governors has developed a regional
other care givers can consult with
Telecommunications Technology Act,
telecommunications initiative, which
specialists thousands of miles away;
which was signed by President Clinton
includes creating an open data network
continually upgrade their education and
as part of the budget package.
as a first step towards creation of a Great
skills; and share medical records and X-
3. Technological Leadership
Lakes Information Highway, promoting
rays.
The NII will serve as the driver for a
access in rural areas, developing a set of
Example: In Texas, over 70 hospitals,
wide variety of technologies, such as
telecommunications service goals and a
primarily in rural areas, have been
time table for achieving them, and
forced to close since 1984. The Texas
semiconductors, high-speed networking,
developing a computerized inventory of
Telemedicine Project in Austin, Texas
advanced displays, software, and
each state's advanced
offers interactive video consultation to
human/computer interfaces such as
telecommunications infrastructure.
primary care physicians in rural
speech recognition.
This technology will be used to create
5. Electronic Commerce
hospitals as a way of alleviating the
shortage of specialists in rural areas.
exciting new products and services,
Electronic commerce (e.g., on-line
strengthening U.S. leadership in the
This trial is increasing the quality of
parts catalogues, multi-media mail,
electronics and information technology
care in rural areas and providing at least
electronic payment, brokering services,
14 percent savings by cutting patient
sector. For example, experts envision
collaborative engineering) can
the production of powerful computers
transfer costs and provider travel.
dramatically reduce the time required to
that will be held in the palm of our
design, manufacture, and market new
2. Unified Electronic Claims
hand, "as mobile as a watch and as
products. "Time to market" is a critical
More than 4 billion health care claims
personal as a wallet,
*
*
[they] will
success factor in today's global
are submitted annually from health care
recognize speech, navigate streets, take
marketplace. Electronic commerce will
providers to reimbursement
notes, keep schedules, collect mail,
also strengthen the relationships
organizations such as insurance
manage money, open the door and start
between manufacturer, suppliers, and
companies, Medicare, Medicaid, and
the car, among other computer functions
joint developers. In today's marketplace,
HMOs. Moreover, there are 1,500
we cannot imagine today."
it is not unusual to have 12 or more
different insurance companies in the
4. Regional, State, and Local Economic
companies collaborating to develop and
United States using many different
Development
manufacture new products.
claims forms. The administrative costs
In today's knowledge-based, global
Health Care
of the U.S. health care system could be
economy in which capital and
dramatically reduced by moving
The NII can help solve America's
towards standardized electronic
technology are increasingly mobile, the
health care crisis. The Clinton
quality of America's information
submission and processing of claims.
Administration is committed to health
infrastructure will help determine
care reform that will ensure that
3. Personal Health Information Systems
whether companies invest here or
Americans will never again lose their
The United States can use computers
overseas. States and regions increasingly
health care coverage and that controls
and networks to promote self care and
recognize that development of their
skyrocketing health care costs. The costs
prevention by making health care
information infrastructure is key to
of doing nothing are prohibitive:
information available 24 hours a day in
creating jobs and attracting new
Since 1980, our nation's health care
a form that aids decision making. Most
businesses:
costs have quadrupled. Between 1980
people do not have the tools necessary
In May 1993, Governor Jim Hunt
and 1992, health expenditures shot up
to become an active and informed
announced the creation of the North
from 9 percent to 14 percent of GDP;
participant in their own health care. As
Carolina Information Highway, a
under current policies, they will hit 19
a result, far too many people (estimates
network of fiber optics and advanced
percent by the year 2000. Health care
range from 50 to 80 percent) entering
switches capable of transmitting the
cost increases will eat up more than half
the health care system do not really
entire 33-volume Encyclopedia
of the new federal revenue expected
need a physician's care. Many
Britannica in 4.7 seconds. This network,
over the next four years.
improperly use the system by, for
which will be deployed in cooperation
Twenty-five cents out of every
with BellSouth, GTE, and Carolina
example, using the emergency room for
dollar on a hospital bill goes to
a cold or back strain. Many of those who
Telephone, is a key element of North
administrative costs and does not buy
end up with serious health problems
Carolina's economic development
any patient care. The number of health
enter the health care system too late.
strategy.
care administrators is increasing four
and thus require more extensive and
In California's Silicon Valley,
times faster than the number of doctors.
academics, business executives,
costly therapy. Michael McDonald,
These problems will not be solved
chairman of the Communications and
government officials, and private
without comprehensive health care
citizens are working together to build an
Computer Applications in Public Health
reform. Better use of information
"advanced information infrastructure
(CCAPH), estimates that even if personal
technology and the development of
and the collective ability to use it." A
health information systems were used
health care applications for the NII,
non-profit organization, Smart Valley
only 25 to 35 percent of the time, $40
however, can make an important
to $60 billion could be saved.
Inc., will help develop the information
contribution to reform. Experts estimate
infrastructure and its applications.
Example: InterPractice Systems, a
that telecommunications applications
joint venture of Harvard Community
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
49033
Health Plan in Boston and Electronic
calendar; the American Red Cross;
3. Universal Access
Data Systems, has placed terminals in
current listings from the Illinois Job
the homes of heavy users of health care,
Service; resources for local businesses;
The NII must be used to bring
such as the elderly, pregnant women,
and local government information.
Americans together, as opposed to
and families with young children. Based
Experts in all fields from law to the Red
allowing a further polarization between
on a patient's symptoms and their
information "haves" and "have nots."
Cross to chemical dependency volunteer
medical history, an electronic advice
Example: As part of a recent cable
their time and expertise to answer
system makes recommendations to
franchise negotiation, fiber optic cable
questions anonymously asked by the
HCHP's members about using self care,
was deployed in Harlem, where 40
public.
talking with a doctor, or scheduling an
percent of the residents live below the
appointment. In one instance, "an 11-
Example: The Big Sky Telegraph
poverty line. New York City is exploring
year old who regularly played with the
began operation in 1988 as an electronic
the use of interactive video conferencing
terminal heard his father complain one
bulletin board system linking Montana's
between community rooms in housing
day of chest pains and turned to the
114 one-room schools to each other and
projects and government offices,
system for help; it diagnosed the
to Western Montana College. Today, the
schools, and New York corporations.
symptoms as a probable heart attack.
Big Sky Telegraph enables the formation
These facilities could be used to teach
The diagnosis was correct."
of "virtual communities"-linking
parenting to teenage mothers, and
schools, libraries, county extension
promote mentoring programs between
4. Computer-Based Patient Records
services, women's centers, and
inner city youth and employees of New
The Institute of Medicine has
hospitals. Montana's high-school
York corporations.
concluded that Computer-Based Patient
students learning Russian can now
Research
Records are critical to improving the
communicate with Russian students,
quality and reducing the cost of health
and science students are participating in
One of the central objectives of the
care. Currently:
a course on "chaos theory" offered by
High Performance Computing and
11 percent of laboratory tests must
MIT.
Communications Initiative (HPCCI) is to
be re-ordered because of lost results;
increase the productivity of the research
30 percent of the time, the
2. Dissemination of Government
community and enable scientists and
treatment ordered is not documented at
Information
engineers to tackle "Grand Challenges,"
all;
such as forecasting the weather,
The free flow of information between
40 percent of the time a diagnosis
building more energy-efficient cars,
isn't recorded; and
the government and the public is
designing life-saving drugs, and
30 percent of the time a medical
essential to a democratic society.
understanding how galaxies are formed.
record is completely unavailable during
Improvements in the National
As a result of advances in computing
patient visits.
Information Infrastructure provide a
and networking technologies promoted
tremendous opportunity to improve the
by the HPCCI, America's scientists and
Civic Networking Technology in the
delivery of government information to
Public Interest
engineers (and their colleagues and
the taxpayers who paid for its
peers around the world) are able to
The benefits of the NII extend far
collection; to provide it equitably, at a
solve fundamental problems that would
beyond economic growth. As the Center
fair price, as equitably as possible.
have been impossible to solve in the
for Civic Networking observed,
Example: Some of the most powerful
past. U.S. researchers will continue to
"A country that works smarter; enjoys
examples of the power inherent in
benefit from the HPCCI and the
efficient, less costly government, guided by a
information collection and
emerging National Information
well-informed citizenry; that produces high
dissemination come from the experience
Infrastructure. Below are just a few of
quality jobs and educated citizens to fill
of Federal agencies. For example, the
the ways in which this technology is
them; that paves a road away from poverty;
Emergency Planning and Community
being used by U.S. researchers:
that promotes life-long learning, public life
and the cultural life of our communities. This
Right-to-Know Act of 1986 established a
1. Solving Grand Challenges
is the promise of the National Information
Toxic Release Inventory (TRI), which
Infrastructure."
required industries to report their
As a result of investments in high
The NII could be used to create an
estimated total releases of toxic
performance computers, software, and
"electronic commons" and promote the
chemicals to the environment. The
high-speed networks, researchers have
Environmental Protection Agency has
access to more and more computational
public interest in the following ways:
used a variety of means for making the
resources. As a result, scientists and
1. Community Access Networks
data available to the public, including a
engineers have been able to more
collaborative effort involving the
accurately model the Earth's climate;
Grass-roots networks are springing up
all over the country, providing citizens
agency, the nonprofit community, and
design and simulate next-generation
philanthropy. This effort involved
aircraft (the High Speed Civil
with a wide range of information
Transport); improve detection of breast
services. The National Information
making the TRI available through an
cancer by turning two-dimensional MRI
Infrastructure should expand a citizen's
online service called RTK NET (the
images into three-dimensional views;
capacity for action in local institutions,
Right-to-Know Computer Network),
and enhance the recovery of oil and gas
as it must honor regional differences
operated by OMB Watch and Unison
from America's existing reservoirs.
and the cultural diversity of America's
Institute. As a result of the TRI program,
heritage.
EPA and industry developed the "33/
2. Enabling Remote Access to Scientific
Example: The Heartland FreeNet in
50" program, in which CEOs set a goal
Instruments
Peoria, Illinois provides a wide range of
of reducing their pollution by 33
Because of advancements in networks
community information to the citizens
percent by 1992 and 50 percent by 1995.
and visualization software, scientists
of Central Illinois 24 hours a day.
Because of RTK NET's success, EPA is
can control and share remote electron
Topics covered include 113 areas of
seeking to expand the information
microscopes, radio telescopes, and other
social services; a year long community
available on the service.
scientific instruments.
49034
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
3. Supporting Scientific Collaboration
and training system, the NII can help.
"Imagine a biology student entering an
The Internet has allowed scientists in
Studies have shown that computer-
immersive virtual laboratory environment
the United States and around the world
based instruction is cost-effective,
that includes simulated molecules. The
to access databases, share documents,
enabling 30 percent more learning in
learner can pick up two molecules and
and communicate with colleagues. For
40% less time at 30% less cost. Fortune
attempt to fit them together, exploring
example, one computer language was
recently reported that:
docking sites. In addition to the three-
dimensional images in the head-mounted
developed by 60 people in industry,
"From Harlem to Honolulu, electronic
display, the gesture gloves on his hands press
government and academia over a period
networks are sparking the kind of excitement
back to provide feedback to his sense of
of 3 years with only two days of face-
not seen in America's classrooms since the
touch. Alternatively, the student can expand
to-face meetings. Instead, project
space race
*
In scores of programs and
a molecule to the size of a large building and
participants sent 3,000 e-mail messages
pilot projects, networks are changing the way
fly around in it, examining the internal
to each other, dramatically reducing the
teachers teach and students learn."
structure."
time required to develop the language.
The United States has just begun to
Creating a Government That Works
As scientific research becomes
exploit the educational applications of
Better & Costs Less
increasingly complex and
computers and networks. Students and
interdisciplinary, scientists see the need
teachers can use the NII to promote
Vice President Gore's National
to develop "collaboratories," centers
collaborative learning between students,
Performance Review (NPR) provides a
without walls in which "the nations'
teachers, and experts; access on-line
bold vision of a federal government
researchers can perform their research
"digital libraries"; and take "virtual"
which is effective, efficient and
without regard to geographical
field trips to museums and science
responsive. Moving from red tape to
location-interacting with colleagues,
exhibits without leaving the classroom.
results will require sweeping changes:
access instrumentation, sharing data
Example: Headquartered in
emphasizing accountability for
and computational resources, [and]
Cambridge, Massachusetts and funded
achieving results as opposed to
accessing information in digital
by the National Science Foundation, the
following rules; putting customers first;
libraries."
Global Laboratory Project links students
empowering employees; and
from over 101 schools in 27 states and
reengineering how government agencies
Life-Long Learning
17 foreign countries, including Japan,
do their work. As part of this vision, the
Increasingly, what we earn depends
Saudi Arabia, Russia and Argentina. All
NPR emphasizes the importance of
on what we learn. Americans must be
over the world, students establish
information technology as a tool for
well-educated and well-trained if we are
environmental monitoring stations to
reinventing government:
to compete internationally and enjoy a
study climate change, monitor
"With computers and
healthy democracy. The magnitude of
pollutants such as pesticides and heavy
telecommunications, we need not do
the challenge we face is well-known:
metals, and measure ultraviolet
things as we have in the past. We can
25 percent of students nation-wide
radiation. Students share their data over
design a customer-driven electronic
no longer complete high-school, a figure
the Global Lab telecommunications
government that operates in ways that,
which rises to 57 percent in some large
network with each other and with
10 years ago, the most visionary planner
cities.
scientists to make comparisons, conduct
could not have imagined."
Currently, 90 million adults in the
analyses, and gain a global perspective
The NPR has identified a number of
United States do not have the literacy
on environmental problems.
ways in which "electronic government"
skills they need to function in our
Example: In Texas, the Texas
can improve the quality of government
increasingly complex society.
Education Network (TENET) now serves
services while cutting costs, some of
The Clinton Administration has set
over 25,000 educators, and is making
which are described below:
ambitious national goals for lifelong
the resources of the Internet available to
1. Develop a Nationwide System to
learning. The "Goals 2000: Educate
classrooms. One Texas educator from a
Deliver Government Benefits
America Act" would make six
small school district described the
Electronically
education goals part of national policy:
impact it was having on the learning
90 percent high school graduation rate;
experiences of children:
The government can cut costs through
U.S. dominance in math and science;
"electronic benefits transfer" for
"The smaller districts can now access
total adult literacy; safe and drug-free
programs such as federal retirement,
NASA, leave messages for the astronauts,
schools; increased competency in
browse around in libraries larger than ever
social security, unemployment
challenging subjects; and having every
they will ever be able to visit, discuss the
insurance, AFDC, and food stamps. For
child enter school "ready to learn."
Superconducting Supercollider project with
example, 3 billion Food Stamps are
Secretary of Labor Robert Reich also has
the physicist in charge, discuss world
printed and distributed to-over 10
emphasized the need to move towards
ecology with students in countries around
million households. Estimates suggest
"new work." New work requires
the world, read world and national news that
that $1 billion could be saved over five
problem-solving as opposed to rote
appears in newspapers that are not available
years once electronic benefits for food
in their small towns, work on projects as
repetition, upgrading worker skills, and
stamps is fully implemented.
equals and collaborators with those in urban
empowering front-line workers to
areas, and change the way they feel about the
2. Develop Integrated Electronic Access
continuously improve products and
size of their world. This will create students
to Government Information and Services
services. All of the Administration's
that we could not create otherwise. This is
policy initiatives (national skill
a new education and instruction."
Currently, citizen access to' federal
standards, school-to-work transition,
government information is
As computers become more powerful
uncoordinated and not customer-
training for displaced workers) are
and less expensive, students may
aimed at promoting the transition
friendly. Electronic kiosks and
eventually carry hand-held, computer-
towards high-wage, higher-value "new
computer bulletin boards can result in
based "intelligent tutors," or learn in
work."
quick response, complete information,
elaborate simulated environments. One
Although technology alone cannot fix
and an end to telephone tag.
expert predicted the following
what is wrong with America's education
Example: Info/California is a network
educational use of virtual reality:
of kiosks in places like libraries and
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
49035
shopping malls. Californians can use
A high-level Advisory Council on the
The Working Group on Intellectual
these touch-screen computers to renew
National Information Infrastructure has
Property Rights, to develop proposals
vehicle registration, register for
been established by Executive Order to
for protecting copyrights and other
employment openings, and get
provide advice to the IITF. It will
IPR in an electronic world. Bruce
information on 90 different subjects,
consist of representatives of the many
Lehman, head of the Patent and
such as applying for student loans or
different stakeholders in the NII,
Trademark Office of the Department
resolving tenant-landlord disputes.
including industry, labor, academia,
of Commerce, chairs this group.
These kiosks have reduced the cost of
public interest groups, and state and
The Working Group on Privacy, to
job-match services from $150 to $40 per
local governments. The Secretary of
design Administration policies to
person.
Commerce will appoint the 25 members
protect individual privacy despite the
3. Establish a National Law
of the advisory committee.
rapid increase in the collection,
Enforcement/Public Safety Network
The IITF is working closely with the
storage, and dissemination of personal
High Performance Computing,
data in electronic form. It is chaired
Whether responding to natural or
Communications, and Information
by Pat Faley, Acting Director of the
technological disasters, or performing
Technology (HPCCIT) Subcommittee of
Office of Consumer Affairs,
search and rescue or interdiction
the Federal Coordinating Council for
Department of Health and Human
activities, federal, state, and local law
Science, Engineering, and Technology
Services.
enforcement and public safety workers
(FCCSET), which is chaired by the
The Working Group on Government
must be able to communicate with each
White House Office of Science and
Information focuses on ways to
other effectively, efficiently, and
Technology Policy. The HPCCIT
promote dissemination of government
securely. Currently, federal, state and
Subcommittee provides technical advice
data in electronic form. Bruce
local law enforcement agencies have
to the IITF and coordinates Federal
McConnell, OMB's Office of
radio systems which cannot
research activities that support
Information and Regulatory Affairs,
communicate with each other because
development of the National
chairs this group.
they occupy different parts of the
Information Infrastructure.
(3) Applications Committee, which
coordinates Administration efforts to
spectrum.
Membership
develop, demonstrate, and promote
4. Demonstrate and Provide
All the key agencies involved in
applications of information technology
Government-wide Electronic Mail
telecommunications and information
in manufacturing, education, health
Government-wide e-mail can provide
policy are represented on the task force.
care, government services, libraries, and
rapid communications among
The task force operates under the aegis
other areas. This group works closely
individuals and groups, break down
of the White House Office of Science
with the High Performance Computing
and Technology Policy and the National
and Communications Program, which is
barriers to information flows between
Economic Council. Ron Brown, the
funding development of new
and within agencies, allow better
management of complex interagency
Secretary of Commerce, chairs the IITF,
applications technologies, to determine
and much of the staff work for the task
how Administration policies can best
projects, and permit more
communication between government
force will be done by the National
promote the deployment of such
Telecommunications and Information
technologies. Arati Prabhakar, Director
officials and the public.
Administration (NTIA) of the
of the National Institute of Standards
Tab D-The Information Infrastructure
Department of Commerce.
and Technology, chairs the Committee.
Task Force
This Committee is responsible for
Structure
implementing many of the
Mission
To date, three committees of the IITF
recommendations of the Vice
have been established:
President's National Performance
While the private sector will build
and run virtually all of the National
(1) Telecommunications Policy
Review that pertain to information
Information Infrastructure (NII), the
Committee, which will formulate a
technology. So far, the Committee has
President and the Vice President have
consistent Administration position on
created one working group: The
stated clearly that the Federal
key telecommunications issues, is
Working Group on Government
government has a key leadership role to
chaired by Larry Irving, head of the
Information Technology Services (GITS)
play in its development. Accordingly,
National Telecommunications and
will coordinate efforts to improve the
Information Administration of the
application of information technology
the White House formed the Information
by Federal agencies.
Infrastructure Task Force (IITF) to
Department of Commerce. Recently, the
articulate and implement the
Committee created: The Working Group
Tab E-United States Advisory Council
Administration's vision for the NII. The
on Universal Service, which will work
on the National Information
task force consists of high-level
to ensure that all Americans have access
Infrastructure
representatives of the Federal agencies
to and can enjoy the benefits of the
The President will sign an
that play a major role in the
National Information Infrastructure.
Executive Order creating the "United
development and application of
(2) Information Policy Committee,
States Advisory Council on the National
information technologies. Working
which is addressing critical information
Information Infrastructure" to facilitate
together with the private sector, the
policy issues that must be addressed if
private sector input to the Information
participating agencies will develop
the National Information Infrastructure
Infrastructure Task Force. The IITF,
comprehensive telecommunications and
is to be fully deployed and utilized.
which is chaired by the Secretary of
information policies that best meet the
Sally Katzen, head of the Office of
Commerce, will work with Congress and
needs of both the agencies and the
Information and Regulatory Affairs at
the private sector to propose the policies
country. By helping build consensus on
the Office of Management and Budget
and initiatives needed to accelerate
thorny policy issues, the IITF will
(OMB), chairs the Committee. The
deployment of the NII.
enable agencies to make and implement
Committee has created three working
The Council will consist of not
policy more quickly and effectively.
groups:
more than 25 senior-level individuals to
49036
Federal Register / Vol. 58, No. 181 / Tuesday, September 21, 1993 / Notices
be named by the Secretary of Commerce
This will create high-tech jobs and
via electronic mail. The Administration
this year. A chair and/or vice chair will
accelerate the development of new
is using on-line information services
be appointed by the Secretary from
wireless industries such as Personal
and the Internet to make available
among the Council members.
Communications Services. The entire
speeches, press briefings, executive
Nominations will be solicited from
cellular industry, which has created
orders, and a summary of the budget.
a variety of NII constituencies and
100,000 jobs, was created by licensing
interest groups. The IITF and its
only 50 MHz of spectrum.
5. Creating the Right Environment for
committees also will use other
Private Sector Investment in the
mechanisms to solicit public input to
2. Reinventing Government
National Information Infrastructure
ensure that it hears the views of all
The Administration is committed to
The President has signed into law
interested parties.
using "electronic government" to ensure
tax incentives for private sector
The Council will be broadly
that the federal government works better
investment in R&D and new business
representative of the key constituencies
and costs less.
formation, including a three-year
impacted by the NII, including business,
As part of the National Performance
extension of the R&D credit and a
labor, academia, public interest groups,
Review, the Vice President has
targeted capital gains reduction for
and state and local governments.
identified a number of concrete ways to
investments in small businesses. Both of
The Council shall advise the IITF
use information technology to cut costs
these tax incentives will help spur the
on matters related to the development of
and improve services, such as electronic
private sector investment needed to
the NII, such as: the appropriate roles of
benefits transfer; access to government
develop the National Information
the private and public sectors in NII
information and services through
Infrastructure.
development; a vision for the evolution
electronic "kiosks"; a national law
Larry Irving,
of the NII and its public and commercial
enforcement/public safety network; and
applications; the impact of current and
electronic procurement.
Assistant Secretary for Communications and
Information.
proposed regulatory regimes on the
3. Investing In Technology
[FR Doc. 93-23029 Filed 9-16-93; 8:45 am]
evolution of the NII; privacy, security,
The President's FY 1994 budget
BILLING CODE 3510-60-P
and copyright issues; national strategies
includes:
for maximizing interconnection and
interoperability of communications
$1.1 billion for the High-
networks; and universal access.
Performance Computing and
COMMITTEE FOR THE
The Council is expected to invite
Communications Initiative, including a
IMPLEMENTATION OF TEXTILE
experts to submit information to the
new $100 million program to develop
AGREEMENTS
Council and form subcommittees of the
applications in areas such as education,
manufacturing, health, and digital
Establishment of a New Export Visa
Council to review specific issues.
The Department of Commerce will
libraries. The House has passed
Arrangement for Certain Cotton, Wool,
Man-Made Fiber, Silk Blend and Other
act as "secretariat" for the Council,
legislation which would authorize these
Vegetable Fiber Textiles and Textile
providing administrative services,
new programs; Senate action is expected
Products Produced or Manufactured in
in the fall of 1993.
facilities, staff and other support
Oman
services.
$50 million for NTIA grants to
demonstrate the applications of the NII
The Council will exist for two years
September 15, 1993.
for non-profit institutions such as
unless its charter is extended.
AGENCY: Committee for the
schools, hospitals, and libraries.
The Council will be separate from,
Implementation of Textile Agreements
$40 million for research by the
and complementary to, the High
(CITA).
Department of Energy's National Labs
Performance Computing Advisory
on the information infrastructure.
ACTION: Issuing a directive to the
Committee, which will be established to
The ARPA-led Technology
Commissioner of Customs establishing
provide private sector input on the High
Reinvestment Project (TRP), funded at
export visa requirements.
Performance Computing and
$472 million in FY 1993, has generated
Communications Initiative.
EFFECTIVE DATE: October 1, 1993.
almost 3,000 proposals from the private
FOR FURTHER INFORMATION CONTACT:
Tab F-Administration NII
sector, requesting a total of $8.5 billion.
Jennifer Tallarico, International Trade
Accomplishments
Many of these proposals are for
Specialist, Office of Textiles and
technology development for the
During its first seven months, the
Apparel, U.S. Department of Commerce,
National Information Infrastructure and
Clinton-Gore Administration has taken
(202) 482-4212.
its applications in health care,
major steps to make its vision of the
manufacturing, electronic commerce,
SUPPLEMENTARY INFORMATION:
National Information Infrastructure a
and education and training. The
Authority: Executive Order 11651 of March
reality:
President recently endorsed increasing
3, 1972, as amended; section 204 of the
1. Freeing Up Spectrum To Create
the funding of the TRP to $600 million
Agricultural Act of 1956, as amended (7
Information "Skyways"
for FY 1994.
U.S.C. 1854).
The Governments of the United States
The President recently signed the
4. Making Government Information
and the Sultanate of Oman reached
Emerging Telecommunications
More Available To Citizens
agreement, effected by exchange of
Technology Act, which directs the
The Office of Management and
notes dated May 29, 1993 and July 14,
Secretary of Commerce to transfer, over
Budget issued a new policy in June
1993, to establish an export visa
a ten-year period, at least 200 MHz of
(OMB Circular A-130) to encourage
arrangement for certain cotton, wool,
spectrum now used by federal agencies
agencies to increase citizen access to
man-made fiber, silk blend and other
to the FCC for subsequent licensing to
public information.
vegetable fiber textiles and textile
the private sector. It allows the FCC to
Also in June, the President and Vice
products, produced or manufactured in
use competitive bidding to grant new
President announced that the White
Oman and exported from Oman on and
license assignments for spectrum.
House would be accessible to the public
after October 1, 1993.
LEGI-SLATE Report for the Federal Register Wed, December 1, 1993 9:40am (EST)
Search of Federal Register Announcements after 01/01/93 to Find 5...
In FR vol. 58, 1993
AND With reference to 'NATIONAL ECONOMIC COUNCIL.'
L-S ID No.: 447288 (102 lines)
PAGE:
58 FR 6189 NO. 16 01/27/93
DOCKET:
Executive Order 12835 of January 25, 1993
CAPTION:
Establishment of the National Economic Council
No. 2 of 5
L-S ID No. : 454645 (62 lines)
PAGE:
58 FR 21321 NO. 74 04/20/93
DOCKET:
Notice 93-031
CAPTION:
Advisory Committee on the Redesign of the Space Station;
Establishment and Meeting
No. 3 of 5
L-S ID No. : 469071 (1391 lines)
PAGE:
58 FR 49025 NO. 181 09/21/93
DOCKET:
No. 930940-3240
CAPTION:
The National Information Infrastructure: Agenda for Action
No. 4 of 5
L-S ID No. : 470427 (145 lines)
PAGE:
58 FR 51753 NO. 190 10/04/93
DOCKET:
Executive Order 12870 of September 30, 1993
CAPTION:
Trade Promotion Coordinating Committee
No. 5 of 5
L-S ID No.: 474116 (84 lines)
PAGE:
58 FR 59343 NO. 215 11/09/93
DOCKET:
Executive Order 12878 of November 5, 1993
CAPTION:
Bipartisan Commission on Entitlement Reform
Do you wish to store these F-R references in a LEGI-SLATE
FILE for future reference? ('Y/N'
t. 6491
x 4567
n
she gets salary & benefits
X. 2801
Elizabeth Cohen NEC / NII fellows
am acoustical assin for Advancement of Science (AArts)
congressional society VP has approved a concept for N.I.I. fellows they
Illoroship
would like them wherever they can put them
WI punission
in industry - NIST, commerce / WH.
-co. pays her
- have no funds
benes, etc.
Commerce/NIST have used Tech Diasper Act
- NIST = organic act.
- mike Rubin -sewing in advising capac. #
supervisory.
OSTP =ask
AAAS Sloan fellows
Welly
- required to take leaves of absence
November 23, 1993
MEMORANDUM FOR BETH NOLAN
ASSOCIATE COUNSEL TO THE PRESIDENT
FROM:
KATHLEEN WHALEN
SPECIAL COUNSEL TO THE PRESIDENT
SUBJECT:
Use of Volunteers, Fellows, or Detailees by the
Council of Economic Advisors
This responds to the questions raised by Scott Gould, White
House Fellow, regarding the use of volunteers, fellows, or
detailees by the Council of Economic Advisors (CEA).
Acceptance of Voluntary Personal Services
Because CEA employees are appointed pursuant to Title 5 of
the United States Code, it is not eligible to accept personal
services provided without compensation (with the exception of
services provided by students). This includes individuals who
are paid by a source other than the Federal government, unless
the individual provides services to the Federal government
pursuant to an Intergovernmental Personnel Act (IPA) detail as
described below. 5 U.S.C. §§ 3371-3376.
Fellows
With regard to fellowships, we would need more information
regarding the types of fellowships, including information about
the arrangements and the sponsoring organization. CEA would be
best able to respond to Mr. Gould's question regarding the use of
fellows for CEA programs.
Intergovernmental Personnel Act Detail
As an executive branch agency, CEA may accept personal
services provided pursuant to an IPA detail. The IPA allows
assignment of employees from state or local governments or other
organizations to a federal agency. "Other organization" is
defined as "a nonprofit organization which has as one of its
principal functions the offering of professional advisory,
research, educational, or development services, to governments."
5 U.S.C. § 3372 (b) (4). "Other organizations" must be certified
by the Office of Personnel Management (OPM). 5 C.F.R.
§ 334.103 (a).
According to the Federal Personnel Manual, "The goal of the
IPA is to facilitate the movement of employees for short periods
of time when this movement can serve a sound public purpose."
FPM ch. 334 1-2(c).
The assignment of an employee from a state or local
government or other organization to a Federal agency may be
either intermittent, part-time or full-time. FPM ch. 334 1-4 (a).
Assignments can be made for up to two years, and extended up to
four years. 5 C.F.R. § 334.104 (a). An assigned employee may
either be appointed to a Federal agency, or "deemed on detail."
5 U.S.C. § 3374 (a). Thus, it appears that an employee of a
state or local government or other organization could initially
be detailed to a Federal agency on an intermittent or part-time
basis, for up to two years.
An employee on assignment to an executive agency is subject
to the following provisions regarding ethical and other conduct
of Federal employees:
(1) Title 18 (Sections 203, 205, 208, 209, 602, 603, 606,
643, 654, 1905, 1913);
(2) Title 31 § 638 (a) (misuse of government vehicles);
(3) Executive Order 12731, Prescribing Standards of Ethical
Conduct for Government Officers and Employees;
(4) The Ethics in Government Act of 1978;
(5) Part 735 of the OPM's governmentwide regulations
(superseded by the new Standards of Ethical Conduct for
Employees of the Executive Branch, 5 C.F.R. Part 2635) i
(6) the particular standards of conduct regulations of the
Federal agency to which the employee is assigned; and
(7) any special statutory requirements relating to employee
conduct.
FPM ch. 334 1-8 (a), (b).
Before an assignment is made, the federal agency, the state
or local government or the other organization, and the assigned
employee must sign a written agreement recording the obligations
and responsibilities of the parties. 5 C.F.R. § 334.106. The
specific content of the agreement may vary according to the
assignment. The agency should either use Optional Form 69
(OF 69) (latest revision) or its own form. FPM ch. 334 2-
1 (b) (3) (a). If OF 69 is not used, the agency must provide, among
other things, information regarding the "applicability of Federal
conflict-of-interest laws." FPM ch. 334 2-1 (b) (3) (a).
Detailed employees are not entitled to pay from the federal
agency, "except to the extent that the pay received from the
state or local government (or "other organization") is less
than the appropriate rate of pay which the duties warrant under
the applicable pay provisions." 5 U.S.C. § 3374 (c). However,
the federal agency may reimburse the employee's organization for
all, part or none of the employee's pay during the assignment
period. 5 U.S.C. § 3374 (c).
2
Employees on detail do not have to be reported by the agency
on SF 113-A (Monthly Report of Federal Civilian Employment). . FPM
334 2-3 (a) (4) . 1
1
Note: Employees who have received federal appointments
for more than 30 days do have to be reported on SF 113-A. FPM
ch. 334 2-3 (a) (5).
3
November 23, 1993
MEMORANDUM FOR BETH NOLAN
ASSOCIATE COUNSEL TO THE PRESIDENT
FROM:
KATHLEEN M. WHALEN
SPECIAL COUNSEL TO THE PRESIDENT
SUBJECT:
Use of Volunteers, Consultants, Fellows, or
Detailees by the Council of Economic Advisors
This responds to the questions raised by Scott Gould, White
House Fellow, regarding the use of volunteers, consultants,
fellows, or detailees by the Council of Economic Advisors (CEA).
Volunteers
Because CEA employees are appointed pursuant to Title 5 of
the United States Code, CEA generally is not eligible to accept
personal services provided without compensation by the Federal
Government. However, exceptions permit acceptance of volunteer
services provided by students and pursuant to an
Intergovernmental Personnel Act (IPA) detail, as described below.
5 U.S.C. §§ 3371-3376.
Consultants
Executive Branch agencies, when authorized by an
appropriation or other statute, may procure by contract the
services or experts or consultants for up to one year. 5 U.S.C.
§ 3109. An informal opinion of the Office of Legal Counsel
interpreted the statute to prohibit using an appropriation to
hire employees to perform the same functions as are performed by
regular employees. 3 Op. O.L.C. 78 (1979). Therefore, in order
to use the services of consultants, CEA must be authorized by an
appropriation or other statute, and the consultant must perform
functions which differ from those of regular employees.
Fellows
With regard to fellowships, we would need more information
regarding the types of fellowships, including information about
the arrangements and the sponsoring organization. As we
discussed, CEA would be best able to respond to Mr. Gould's
question regarding the use of fellows for CEA programs.
Intergovernmental Personnel Act Detail
As an Executive Branch agency, CEA may accept personal
services provided pursuant to an IPA detail. The IPA allows
assignment of employees from state or local governments or other
organizations to a federal agency. "Other organization" is
defined as "a nonprofit organization which has as one of its
principal functions the offering of professional advisory,
research, educational, or development services, to governments."
5 U.S.C. § 3372 (b) (4). "Other organizations" must be certified
by the Office of Personnel Management (OPM). 5 C.F.R.
§ 334.103 (a) 1
According to the Federal Personnel Manual, "The goal of the
IPA is to facilitate the movement of employees for short periods
of time when this movement can serve a sound public purpose."
FPM ch. 334 1-2 (c).
The assignment of an employee from a state or local
government or other organization to a Federal agency may be
either intermittent, part-time or full-time. FPM ch. 334 1-4 (a).
Assignments can be made for up to two years, and extended up to
four years. 5 C.F.R. § 334.104 (a). An assigned employee may
either be appointed to a Federal agency, or "deemed on detail."
5 U.S.C. § 3374 (a). Employees on detail do not have to be
reported by the agency on its Monthly Report of Federal Civilian
Employment (SF 113-A). FPM 334 2-3 (a) (4). 2
An employee on assignment to an executive agency is subject
to the following provisions regarding ethical and other conduct
of Federal employees:
(1) Title 18 (Sections 203, 205, 208, 209, 602, 603, 606,
643, 654, 1905, 1913) ;
(2) Title 31 § 638 (a) (misuse of government vehicles);
(3) Executive Order 12731, Prescribing Standards of Ethical
Conduct for Government Officers and Employees;
(4) The Ethics in Government Act of 1978;
(5) The Standards of Ethical Conduct for Employees of the
Executive Branch, 5 C.F.R. Part 2635;
(6) supplemental regulations, if any; and
(7) any special statutory requirements relating to employee
conduct.
1we have a list of the "other organizations" that OPM has
certified which we can make available to CEA if it decides to
pursue IPA details with eligible organizations.
2
Note: Employees who have received federal appointments
for more than 30 days do have to be reported on SF 113-A. FPM
ch. 334 2-3 (a) (5).
2
FPM ch. 334 1-8 (a), (b).
Before an assignment is made, the federal agency, the state
or local government or the other organization, and the assigned
employee must sign a written agreement recording the obligations
and responsibilities of the parties. 5 C.F.R. § 334.106. The
specific content of the agreement may vary according to the
assignment. The agency should either use Optional Form 69
(OF 69) or its own form. FPM ch. 334 2-1 (b) (3) (a). If OF 69 is
not used, the agency must provide, among other things,
information regarding the "applicability of Federal conflict-of-
interest laws. FPM ch. 334 2-1 (b) (3) (a).
Detailed employees are not entitled to pay from the federal
agency, "except to the extent that the pay received from the
state or local government [or "other organization"] is less
than the appropriate rate of pay which the duties warrant under
the applicable pay provisions." 5 U.S.C. § 3374 (c). However,
the federal agency may reimburse the employee's organization for
all, part or none of the employee's pay during the assignment
period. 5 U.S.C. § 3374 (c).
3
THE WHITE HOUSE
WASHINGTON
November 23, 1993
MEMORANDUM FOR SCOTT GOULD
WHITE HOUSE FELLOW
FROM:
KATHLEEN M. WHALEN
SPECIAL COUNSEL TO THE PRESIDENT
SUBJECT:
Fellows to the Council of Economic Advisors
This confirms that individuals detailed under the
Intergovernmental Personnel Act (IPA) may be denominated
"fellows" or any other term which is appropriate under the
circumstances. You have already received a copy of a memorandum
outlining the IPA and its implementation that I prepared for Beth
Nolan in response to your memorandum of November 4, 1993.
Also, you inquired hypothetically whether an individual
employed by Princeton University could be detailed to the Council
of Economic Advisors (CEA) under the IPA to perform research
regarding economic and public policy issues which will be relied
upon by CEA to propose public policy rules. As you described it,
the individual would work at CEA and be under the direction of
CEA staff. Under those circumstances, provided that the
appropriate authorizations and agreements are obtained, the
individual could be detailed to the CEA under the IPA and
denominated a "fellow." Additionally, as a detailee under the
IPA, the "fellow" would be subject to the conflict of interest
statutes and regulations as outlined in my memorandum to
Ms. Nolan.
If you have any further questions, please call me (x. 7903).
CC: Thomas O'Donnell
can we use
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Jennyer O'Connor
mary Beck
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comp OSTP/CEA
OSTP
fellows =
no under paperwork, ltn.
MSCI fellow program = run by commerce
all Jrd. govt. EEs
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mary
OSTP has some of these
buard
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they are doing that.
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unin etc. wd. 14 allowed A be on sabtatial
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2 $ 2501a = Place corps) Voluntary services
:
LEVEL 1 - 9 OF 68 DOCUMENTS
Public Papers of the Presidents
Appointment of Norman Sisisky as a Member of the Board of
Trustees of the James Madison Memorial Fellowship
Foundation
26 Weekly Comp. Pres. Doc. 984
LENGTH: 126 words
The President today announced his intention to appoint Norman Sisisky to serve
in an advisory capacity as a member of the Board of Trustees of the James
Madison Memorial Fellowship Foundation for the remainder of the term expiring
October 3, 1990. He would succeed James R. Olin. He will also be appointed for
a term expiring October 3, 1996.
Mr. Sisisky is presently serving his
...
June 20, 1990
Press Alt-H for Help or Alt-Q to Quit.
15 § 1532
COMMERCE AND TRADE
COM
ments, for the purpose of developing and coordinating policies and procedures
and S
affecting Federal Government use of the electromagnetic spectrum for telecom-
tratio
munications purposes;
(6) compile, evaluate, publish, and otherwise disseminate general scientific
(c) Pt
and technical data resulting from the performance of the functions specified in
this section or from other sources when such data are important to science,
The
engineering, or industry, or to the general public, and are not available else-
amen
where; and
Regis
(7) undertake such other activities similar to those specified in this subsection
rema
as the Secretary of Commerce determines appropriate.
that
(Pub.L. 100-418, Title V, § 5112(b), Aug. 23, 1988, 102 Stat. 1430.)
(d) E:
HISTORICAL AND STATUTORY NOTES
An
Legislative History
Data
For legislative history and purpose of Pub.L.
ment
100-418, see 1988 U.S. Code Cong. and Adm.
News, p. 1547.
LIBRARY REFERENCES
Telecommunications -1 et seq.
C.J.S. Telegraphs, Telephones, Radio, and Tele-
United States 33, 40, 71.
vision § 74 et seq.
S
C.J.S. United States §§ 33, 38 et seq., 95.
§ 1533. Commerce, Science, and Technology Fellowship Program
S
There is established within the Department of Commerce a Commerce, Science,
and Technology Fellowship Program with the stated purpose of providing a select
group of employees of the executive branch of the Government with the opportunity
S
of learning how the legislative branch and other parts of the executive branch
function through work experiences of up to one year. The Secretary of Commerce
shall report to the Congress within six months after August 23, 1988, on the
(e) D
Department 1989. of Commerce's plans for implementing such Program by March 31,
Fe
and
(Pub.L. 100-418, Title V, § 5163(d), Aug. 23, 1988, 102 Stat. 1451.)
ment
tion
HISTORICAL AND STATUTORY NOTES
Legislative History
(f) R
For legislative history and purpose of Pub.L.
Th
100-418, see 1988 U.S. Code Cong. and Adm.
News, p. 1547.
Com
tee
whic
§ 1534. Assessment of fees for access to environmental data
(a) Basis of assessment
Except as otherwise provided in this section, the Secretary is authorized to assess
fees, based on fair market value, for access to environmental data and information
and products derived therefrom collected and/or archived by the National Oceanic
and Atmospheric Administration.
(b) Eligible recipients; waiver of fees in cases of foreign governments and international
organizations
(1) The Secretary shall provide data, information, and products described in
(g) C
subsection (a) of this section to Federal, State, and local government agencies, to
universities, and to other nonprofit institutions at the cost of reproduction and
Th
transmission, if such data, information, and products are to be used for research and
to, a
not for commercial purposes.
fees
Atm
(2) The Secretary shall waive the assessment of fees under subsection (a) of this
secti
section as necessary to continue to provide data, information, or products to foreign
Secr
governments and international organizations on a basis of exchanging such data,
Oce:
information, and products or as otherwise provided by international agreement.
sect
(3) The Secretary shall waive the assessment of fees authorized by subsection (a)
(Pub
as necessary to continue to provide weather warnings, watches, and similar products
§ 10
228
Codification of Presidential Proclamations and Executive Orders
[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
SEC. 2. The head of any agency in the Executive Branch having an
established merit system in the excepted service may appoint in such
service any person who is certified by the Director of the Peace Corps
as having served satisfactorily as a Volunteer or Volunteer Leader
under the Peace Corps Act and who passes such examination as such
agency head may prescribe.
SEC. 3. Certificates of satisfactory service for the purposes of this
Order shall be issued only to persons who have completed a full term
of service (approximately two years) under the Peace Corps Act: Pro-
vided, That such certificates may be issued to persons who have com-
pleted a lesser period of satisfactory service if, in the judgment of the
Director of the Peace Corps, (1) their service was of sufficient duration
to demonstrate their capability to complete satisfactorily a full term,
and (2) their failure to complete a full term was due to circumstances
beyond their control.
SEC. 4. Any appointment under this Order shall be effected within a
period of one year after completion of the appointee's service under the
Peace Corps Act: Provided, That such period may be extended to not
more than three years in the case of persons who, following such serv-
ice, are engaged in military service, in the pursuit of studies at a recog-
nized institution of higher learning, or in other activities which, in the
view of the appointing authority, warrant an extension of such period.
SEC. 5. Any law, Executive Order, or regulation which would dis-
qualify an applicant for appointment in the competitive service or in the
excepted service concerned shall also disqualify an applicant for ap-
pointment under this Order.
Executive Order 11183-Establishing the President's Commission on
White House Fellowships
SOURCE: The provisions of Executive Order 11183 of Oct. 3, 1964, appear at 29 FR
13633, 3 CFR, 1964-1965 Comp., p. 256, unless otherwise noted.
WHEREAS it is in the national interest that our future leaders in all
walks of life have opportunities to observe at firsthand the important
and challenging tasks of American Government; and
WHEREAS participation in Government service early in their ca-
reers will help persons with high qualifications to become well-in-
formed and public-spirited citizens; and
WHEREAS it is appropriate that public recognition be given to per-
sons of exceptional promise who are willing to devote their time to in-
creasing their understanding of the public business:
[Preamble amended by EO 12012 of Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp., p.
146]
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States, it is ordered as follows:
SECTION 1. Establishment of Commission. (a) There is hereby estab-
lished the President's Commission on White House Fellowships, herein-
after referred to as the Commission. The Commission shall consist of
such outstanding citizens from the fields of public affairs, education, the
sciences, the professions, other fields of private endeavor, and the Gov-
ernment service, as the President may from time to time appoint. One
64
Proclamations and Executive Orders
Chapter 5-Federal Civilian Personnel
Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
of the members shall be designated by the President to serve as Chair-
agency in the Executive Branch having an
man of the Commission.
in the excepted service may appoint in such
(b) Members of the Commission shall serve at the pleasure of the
certified by the Director of the Peace Corps
President. Federal officials shall receive no additional compensation by
as a Volunteer or Volunteer Leader
reason of their service on the Commission. Members appointed to the
and who passes such examination as such
Commission from private life shall serve without compensation.
satisfactory service for the purposes of this
[Sec. 1 amended by EO 11410 of May 6, 1968, 33 FR 6911, 3 CFR, 1966-1970 Comp., P.
to persons who have completed a full term
725]
two years) under the Peace Corps Act: Pro-
SEC. 2. Functions of the Commission. (a) The Commission shall pre-
may be issued to persons who have com-
scribe such standards and procedures as may be necessary to enable it
satisfactory service if, in the judgment of the
to recommend annually a group of outstanding persons from among
(1) their service was of sufficient duration
whom the President may select White House Fellows. Following publi-
to complete satisfactorily a full term,
cation of these standards and procedures, the Commission may accept
mplete a full term was due to circumstances
(1) applications from individuals, including regular members of the
Armed Forces of the United States, and (2) nominations from sponsor-
under this Order shall be effected within a
ing individuals or organizations for consideration in its recommenda-
ompletion of the appointee's service under the
tions.
That such period may be extended to not
(b) The standards and procedures to be prescribed by the Commis-
he case of persons who, following such serv-
sion shall be so drawn as to limit the selection of White House Fellows
service, in the pursuit of studies at a recog-
to persons who-
learning, or in other activities which, in the
(1) Have demonstrated unusual ability, high moral character, out-
thority, warrant an extension of such period.
standing motivation, and a broad capacity for leadership;
Order, or regulation which would dis-
(2) Are presently early in their chosen careers and show exceptional
pointment in the competitive service or in the
promise of future development;
shall also disqualify an applicant for ap-
(3) Are dedicated to the institutions of the United States and the
values of American civilization; and
(4) Are not, on the date on which they apply or at any time between
Establishing the President's Commission on
the date of application and the beginning of service as a White House
House Fellowships
Fellow, employed in, or receiving any salary or wage as compensation
for, the performance of a Federal function under authority of law or
ecutive Order 11183 of Oct. 3, 1964, appear at 29 FR
Executive act; except that, this exclusion shall not apply to regular
p. 256, unless otherwise noted.
members of the Army, Navy, Air Force, Marine Corps or Coast
national interest that our future leaders in all
Guard, nor shall it apply to a "special Government employee" as de-
to observe at firsthand the important
fined in Section 202 of Title 18 of the United States Code, nor shall it
nerican Government; and
apply to an independent contractor or employee thereof.
in Government service early in their ca-
(c) White House Fellows shall be recommended by the Commission
ith high qualifications to become well-in-
and selected by the President without discrimination on the basis of sex,
citizens;
and
race, color, creed, national origin, age or political affiliation.
that public recognition be given to per-
[Sec. 2 amended by EO 11648 of Feb. 16, 1972, 37 FR 3623, 3 CFR, 1971-1975 Comp., p.
who are willing to devote their time to in-
673; EO 11946 of Oct. 25, 1976, 41 FR 47219, 3 CFR, 1976 Comp., p. 158; EO 12012 of
of the public business:
Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp., p. 146]
of Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp., p.
SEC. 3. White House Fellows. White House Fellows will be appointed
to serve for a period to be set by the Commission, provided that such a
by virtue of the authority vested in me as
period shall not exceed 365 days. Extensions of appointments may be
it is ordered as follows:
granted by the Commission at any time after appointments are made,
of Commission. (a) There is hereby estab-
but such extensions shall not exceed 90 days. White House Fellows will
on White House Fellowships, herein-
begin their appointments on September 1 of the year in which they are
mmission. The Commission shall consist of
selected, and shall be assigned to serve on the White House staff, in the
the fields of public affairs, education, the
Executive Office of the President, in the Office of the Vice President,
fields of private endeavor, and the Gov-
in the offices of members of the Cabinet, or in the offices of such other
may from time to time appoint. One
Executive Branch officials as shall, from time to time, be designated by
the President and the Commission.
64
65
Codification of Presidential Proclamations and Executive Orders
[Sec. 3 amended by EO 11946 of Oct. 25, 1976, 41 FR 47219, 3 CFR, 1976 Comp., p. 158;
EO 12653 of Sept. 29, 1988, 53 FR 38705, 3 CFR, 1988 Comp., p. 583]
SEC. 4. Executive Agencies. (a) Each executive agency as defined in
section 105 of title 5 of the United States Code shall extend fullest co-
operation to the White House Fellows Program and attempt to maxi-
mize the Program's benefits to the individual Fellow, the Department
or Agency, and the Federal Government.
(b) The Office of Personnel Management shall provide the Commis-
sion with administrative services, staff support, and travel expenses as
authorized by law.
[Sec. 4 amended by EO 11648 of Feb. 16, 1972, 37 FR 3623, 3 CFR, 1971-1975 Comp., p.
673; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
EDITORIAL NOTE: The President's Commission on White House Fellowships was con-
tinued until Sept. 30, 1989, by Executive Order 12610 of Sept. 30, 1987, 52 FR 36901, 3
CFR, 1987 Comp., p. 250. Executive Order 12610 also provides that, notwithstanding the
provisions of any other Executive order, the functions of the President under the Federal
Advisory Committee Act which are applicable to the Commission, except that of report-
ing annually to Congress, shall be performed by the Director of the Office of Personnel
Management in accordance with guidelines and procedures established by the Administra-
tor of General Services.
Executive Order 11203-Permitting certain qualified employees of the
Treasury Department to be given career appointment
SOURCE: The provisions of Executive Order 11203 of Mar. 12, 1965, appear at 30 FR
3417, 3 CFR, 1964-1965 Comp., p. 287, unless otherwise noted.
By virtue of the authority vested in me by Section 2 of the Civil
Service Act (22 Stat. 403) and Section 1753 of the Revised Statutes of
the United States (5 U.S.C. 631) and as President of the United States,
it is hereby ordered as follows:
SECTION 1. Any employee of the Treasury Department serving under
an appointment under Schedule B of the Civil Service Rules in a posi-
tion concerned with the protection of the life and safety of the Presi-
dent, members of his immediate family, or other persons for whom
similar protective services are provided by law (which responsibility is
hereinafter referred to as the protective function) may have his appoint-
ment converted to a career appointment if:
(1) he has completed at least three years of full-time continuous serv-
ice in a position concerned with the protective function;
(2) the Secretary of the Treasury, or his designee, recommends the
conversion of the employee's appointment within 90 days after the em-
ployee meets the service requirements of this section, or within 90 days
after the date of this Order, whichever is later;
(3) he shall have passed a competitive examination appropriate for
the position he is occupying or meets noncompetitive examination
standards the Office of Personnel Management prescribes for his posi-
tion; and
(4) he meets all other requirements prescribed by the Office pursuant
to Section 5 of this Order.
[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
SEC. 2. For the purposes of Section 1-
66
Per stuart Bender:
Outside consultant
Expenses
If pmt = procurement
Inistational = Brian Foucast X. 2500
travel
If do M N contract, key
below $2500 = if above
Contract person - Dall Nelme
X. 3314
mud a soll source justy
(spoke wl SB + recomm. I called)
if comg. = CO sign
conflict screb even though net EE
Std lang = org. confl./non-
non- disclosure strut.
Mill 8 info.
Govt, connot accept pus services, so must
be K report of some sort /= = threshhold).
- mud a decirable
We could do it in his own
agmt. - no comp from Dout
- there will be a deliverable -
- non -disclosure
- conflict of int. analysis
MPLOYEES
Ch. 31
Ch. 31
AUTHORITY FOR EMPLOYMENT 5 § 3109
the counsel to appear in court on behalf of
to
the military authorities in habeas corpus
Library References
by
a
cases. 1871, 13 Op.Atty.Gen. 580, 583.
.Atty.
Under the provision of Act June 22,
United States 36.
C.J.S. United States §§ 36, 37, 62 to 64.
1870, c. 150, § 17, 16 Stat. 164, incorporat-
ed into this section, the head of the Navy
Notes of Decisions
Department was not at liberty to employ
no
counsel to conduct proceedings before a
1. Character of services to be performed
fense
naval court-martial but had to call upon
nimal
The prohibition in this section is appli-
are not to be of a detective or investiga-
the Department of Justice to furnish an
cable to contracts or agreements with de-
tive nature, therefore, a low bid for fur-
arry-
officer for the service. 1871, 13 Op.Atty.
84, c.
tective agencies as well as to contracts
nishing maintenance, security and guard
Gen. 514. See, also, 1872, 14 Op.Atty.Gen.
reau,
13.
with inidividual employees of such agen-
services to a military installation submit-
eased
cies and precludes the employment of a
ted by a concern which is in fact a de-
detective agency or its employees regard-
tective agency is subject to the prohibi-
7. Fees for unauthorized services
1889,
less of the character of the services to be
tion and must be rejected. 1959, 38
Special counsel in Indian matters, em-
performed and, even though the services
Comp.Gen. 881.
ployed by Secretary of Interior, could
etary
not recover fees from the United States.
ploy
Eslick V. U. S., 1916, 51 Ct.Cl. 266.
§
3109. Employment of experts and consultants; tempo-
f publicity experts; restrictions
rary or intermittent
be used to pay a publicity expert un-
(a) For the purpose of this section-
for that purpose.
(1) "agency" has the meaning given it by section 5721 of this
Stat. 416.
title; and
(2) "appropriation" includes funds made available by statute
and Revision Notes
under section 849 of title 31.
Revised Statutes and Statutes at Large
(b) When authorized by an appropriation or other statute, the
Oct. 22, 1913, ch. 32, § 1 (last par. under
head of an agency may procure by contract the temporary (not in
"Interstate Commerce Commission"),
38 Stat. 212.
excess of 1 year) or intermittent services of experts or consultants
or an organization thereof, including stenographic reporting serv-
lanatory Notes
ices. Services procured under this section are without regard to-
itive
Standard changes are made to conform
with the definitions applicable and the
(1) the provisions of this title governing appointment in the
style of this title as outlined in the pref-
ace to the report.
competitive service;
(2) chapter 51 and subchapter III of chapter 53 of this title;
References
and
C.J.S. United States 600 123.
(3) section 5 of title 41, except in the case of stenographic
reporting services by an organization.
detective agencies; restrictions
However, an agency subject to chapter 51 and subchapter III of
the Pinkerton Detective Agency, or
chapter 53 of this title may pay a rate for services under this sec-
be employed by the Government of the
tion in excess of the daily equivalent of the highest rate payable un-
of the District of Columbia.
der section 5332 of this title only when specifically authorized by
Stat.
416.
the appropriation or other statute authorizing the procurement of
the services.
nd Revision Notes
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 416.
Revised Statutes and Statutes at Large
Mar. 3, 1893, ch. 208 (5th par. under "Pub-
Historical and Revision Notes
lic Buildings"), 27 Stat. 591.
Derivation:
United States Code
Revised Statutes and Statutes at Large
anatory Notes
5 U.S.C. 55a
Aug. 2, 1946, ch. 744, § 15, 60 Stat. 810.
tive style of this title as outlined in the pref-
ace to the report.
the
380
381
5 § 3109
EMPLOYEES
Ch. 31
Explanatory Notes
In subsection (a), the definitions of
laws which originally meant the Classifi-
"agency" and "appropriation" are added
cation Act of 1923, as amended. Excep-
on authority of the Act of Aug. 2, 1946,
tion from the Classification Act of 1949 is
ch. 744, § 18, 60 Stat. 811.
based on sections 202(27), and 1106(a) of
In subsection (b), the words "the pro-
the Act of Oct. 28, 1949, ch. 782, 63 Stat.
956, 972.
visions of this title governing appoint-
ment in the competitive service" are sub-
Standard changes are made to conform
stituted for "the civil-service laws". The
with the definitions applicable and the
words "chapter 51 and subchapter III of
style of this title as outlined in the pref-
chapter 53 of this title" are substituted
ace to the report.
for the reference to the classification
Cross References
Community Relations Service, Department of Commerce, authority of Director to
procure services as authorized by this section at $75 per diem limitation, see
section 2000g of Title 42, The Public Health and Welfare.
Education professions development grants and contracts, see section 1091f of Title 20,
Education.
Employment of experts or consultants by Director of Administrative Office of United
States Courts, see note set out under section 602 of Title 28, Judiciary and Ju-
dicial Procedure.
General Accounting Office authorized to credit accounts of special disbursing agent
of Saint Elizabeths Hospital with certain amounts, notwithstanding this sec-
tion, see section 168 of Title 24, Hospitals, Asylums, and Cemeteries.
International Health Research Act of 1960, application of section to, see sections
2102, 2103 of Title 22, Foreign Relations and Intercourse; section 2421 of Title
42, The Public Health and Welfare.
Travel expenses of consultants or experts, see section 5703 of this title.
Notes of Decisions
Evidence 2
Temporary legal services 1
others for mandatory injunction com-
manding reinstatement of temporary ap-
1. Temporary legal services
pointee to position as astronomer in
Government agency was vested with
Army Map Service, evidence established
authority to secure temporary or inter-
that appointing officer accorded to tem-
mittent services of attorney by contract
porary appointee all procedural preroga-
or appointment and authorized it to enter
tives required to be extended in case of
into independent contractor relationship
temporary appointees, and that valid reg-
with attorney as distinguished from em-
ulations of the Civil Service Commission
ployment status. Boyle V. U. S., 1962, 309
authorized separation of temporary ap-
F.2d 399, 159 Ct.Cl. 230.
pointee from the service. Kameny v.
Brucker, 1960, 282 F.2d 823, 108 U.S.App.
2. Evidence
D.C. 340, certiorari dismissed 81 S.Ct. 802,
In action by temporary appointee
365 U.S. 843, 5 L.Ed.2d 809.
against the Secretary of the Army and
§ 3110. Employment of relatives; restrictions
(a) For the purpose of this section-
(1) "agency" means—
(A) an Executive agency;
(B) an office, agency, or other establishment in the leg-
islative branch;
382
GOVERNMENT ORGANIZATION
GOVERNMENT ORGANIZATION
5 § 3109
untary change in administrative law judge's status
12.
Review
nd purpose of Pub.L.
so as to effect his "removal." Matter of Doyle,
Cong. and Adm.
exisions of Office of Personnel Management
MSPB 1984, 24 M.S.P.R. 409.
applicant ineligible to take final examina-
tion required for certification of eligibility for
11. Power of Office of Personnel Management
CROSS REFERENCES
any as administrative law judge could not
Office of Personnel Management must be free
be verturned unless they were arbitrary, capri-
tant as not barred by
to define and revise criteria to govern eligibility
cinnas, or not supported by substantial evidence.
323 of this title.
for administrative law judge service. Friedman v.
Friekuman v. Devine, D.C.D.C.1983, 565 F.Supp.
Devine, D.C.D.C.1983, 565 F.Supp. 200, affirmed
200 affirmed 711 F.2d 420, 229 U.S.App.D.C.
WEST'S FEDERAL PRACTICE MANUAL
711 F.2d 420, 229 U.S.App.D.C. 142.
142
§
94
et
seq.
Substitution of hearing officers, see § 108.
51.
Waiver, see § 117.
§ 3106. Employment of attorneys; restrictions
ADMINISTRATIVE LAW
NOTES OF DECASIONS
of administrative law
Agency cooperation 8
extensive role for attorneys of other agencies, and
Foreign courts 9
the use of appropriations from such other agen-
NOTES OF DECISIONS
ciea, seem consistent with the purposes of this
tute constitutional violation or violation of Ad-
5. Power and duties of Attorney General
section. 1979 (Counsel-Inf.Op.) 3 Op.O.L.C. 104.
Management 11
ministrative Procedure Act, sections 551 et seq.
The broad plenary authority of the Attorney
9. Foreign courts
and 701 et seq. of this title, to extent that this
General, as chief litigation officer for the United
chapter recognizes qualified right of decisional
States, embraces all aspects of litigation, including
The Attorney General's authority and responsi-
independence of administrative law judge. Cho-
subpoena enforcement, settlement authority, and
bility to conduct litigation extends to litigation in
prosecutorial discretion, to be eroded only by
inserted by Congress
callo V. Bureau of Hearings and Appeals, SSA,
foreign courts, including litigation affecting for-
other Acts of Congress, and the Executive's con-
opropriation acts, Sec-
D.C.Pa.1982, 548 F.Supp. 1349, affirmed 716
stitutional command to faithfully execute the laws.
eign relations of the United States, and litigated
to deviate from the
F.2d 889, certiorari denied 104 S.Ct. 426, 464 U.S.
1982 (Counsel-Inf.Op.) 6 O.L.C. 47.
procedings before the International Court of Jus-
of Title 33 of quali-
983, 78 L.Ed.2d 360.
tice are thus within his supervisory power. 1980
and
qualified
ad-
8. Agency cooperation
(Connasel-Inf. OP.) 4A Op.O.L.C. 11 (text of opin-
not the only proper
8. Disqualification
So long as the Justice Department retains con-
ion pears on p. 233 of this volume).
cases. Director,
Although director of Bureau of Hearings and
trol over the conduct of the litigation, even an
Programs, U.S.
Appeals did recommend removal action be taken
Co.,
C.A.7,
1977,
against former administrative law judge, where
§ 3108. Employment of detective agencies: restrictions
final judicial decision affirmed removal action,
indicating that action was not without justification
ointed
CROSS REFERRNCES
or legitimate foundation, director did not act in
Management grant-
violation of former administrative law judge's
Supersedure of section for District of Columbia
for appointment as
clearly established statutory or constitutional
government employees, see D.C.Code 1981,
in Advice Divi-
rights. Chocallo v. Bureau of Hearings and Ap-
§ 1-633.2.
and their con-
peals, SSA, D.C.Pa.1982, 548 F.Supp. 1349, af-
in
nature
and
firmed 716 F.2d 889, certiorari denied 104 S.Ct.
NOTES OF DECISIONS
bar, such evidence
426, 464 U.S. 983, 78 L.Ed.2d 360.
Character of services to be performed 1
mercenary, quasi-military forces as strikebreakers
Office's
decisions
in
Purpose 1/2
and armed guards. U.S. ex rel. Weinberger V.
for appointment,
9. Promotion
Similar organizations 2
Equifax, Inc., C.A.Fla.1977, 557 F.2d 456, rehear-
not
supported
by
Where director of Bureau of Hearings and Ap-
Standing 3
ing Icnied 561 F.2d 831, certiorari denied 98 S.Ct.
edman
v.
Devine,
peals communicated to former administrative law
768, 434 U.S. 1035, 54 L.Ed.2d 782, rehearing
200,
affirmed
711
judge the basis for her nonpromotion was disci-
142.
1/2 Purpose
denied 98 S.Ct. 1477, 435 U.S. 918, 55 L.Ed.2d
pline related, director believed that promotion was
511
inconsistent with proposed discipline, director had
This section was intended to prohibit employ-
authority to recommend adverse action for actions
ment by the government of detective agency as it
3. standing
not
say
that
rejec-
of administrative law judge which were deliberate
was constituted in 1892, and the prohibition does
anagement of memo-
impediments to execution of delegated authority,
not extend only to government use of detectives
Plaintiff who alleged no injury in fact lacked
tive
law
judges
urg-
although director erred in not processing former
during labor disputes. U.S. ex rel. Weinberger v.
standing to seek declaratory judgment that gov-
Division experience
administrative law judge's promotion or grade
Equifax, Inc., C.A.Fla.1977, 557 F.2d 456, rehear-
emment employment of credit reporting company
erience for purpose
increase, former administrative law judge's statu-
ing denied 561 F.2d 831, certiorari denied 98 S.Ct.
to provide information on prospective government
pointment
as
admin-
tory right to promotion was not so clear that
768, 434 U.S. 1035, 54 L.Ed.2d 782, rehearing
of
director's withholding of it rose to level of bad
denied 98 S.Ct. 1477, 435 U.S. 918, 55 L.Ed.2d
employees violated this section. U.S. ex rel.
Office's
exper-
pricious. Friedman
511.
Weinberger v. Equifax, Inc., C.A.Fla.1977, 557
faith in violation of former administrative law
F.2d 456, rehearing denied 561 F.2d 831, certiora-
F.Supp. 200, af-
judge's constitutional and statutory rights. Cho-
2. Similar organizations
ri denied 98 S.Ct. 768, 434 U.S. 1035, 54 L.Ed.2d
.App.D.C. 142.
callo v. Bureau of Hearings and Appeals, SSA,
An organization is not "similar" to organization
782. ,shearing denied 98 S.Ct. 1477, 435 U.S. 918,
D.C.Pa.1982, 548 F.Supp. 1349, affirmed 716
referred to in this section unless it offers for hire
55 I Ed.2d 511.
F.2d 889, certiorari denied 104 S.Ct. 426, 464 U.S.
tive law judge's su-
983, 78 L.Ed.2d 360.
intervals about for-
§ 3109. Employment of experts and consultants; temporary or intermittent
productivity, and
10. Discharge
"earnestly" request-
(a) For the purpose of this section-
Allegations that certain agency employees had
judge to take steps
conspired to impede administrative law judge in
(1) "agency" has the meaning given it by section 5721 of this title; and
upervisors' request-
performance of his duties were insufficient to
(2) "appropriation" includes funds made available by statute under section
judge
to
account
support Merit Systems Protection Board's juris-
istrative law judge
9104 of title 31.
diction over grievances in light of failure to show
did not consti-
that actions of agency employees caused an invol-
[See main volume for text of (b)]
248
249
5 § 3109
GOVERNMENT ORGANIZATION
GOVER
(c) Positions in the Senior Executive Service or the Federal Bureau of Investiga-
U.S. Code
tion and Drug Enforcement Administration Senior Executive Service may not be
Pub.L. 100
filled under the authority of subsection (b) of this section.
News, p. 6
(d) The Office of Personnel Management shall prescribe regulations necessary for
the administration of this section. Such regulations shall include-
Archivist
(1) criteria governing the circumstances in which it is appropriate to employ
obtain serv
an expert or consultant under the provisions of this section;
section 21(
(2) criteria for setting the pay of experts and consultants under this section;
Documents
and
Arctic R
cure tempo
(3) provisions to ensure compliance with such regulations.
tion 4105 C
(e) Each agency shall report to the Office of Personnel Management on an annual
Commer
basis with respect to-
Review Par
(1) the number of days each expert or consultant employed by the agency
during the period was so employed; and
Services in
(2) the total amount paid by the agency to each expert and consultant for
such work during the period.
1. Tempor
(As amended Pub.L. 95-454, Title IV, § 402(b), Oct. 13, 1978, 92 Stat. 1160; Pub.L. 97-258,
s 3(a)(4), Sept. 13, 1982, 96 Stat. 1063; Pub.L. 100-325, § 2(b), May 30, 1988, 102 Stat. 581;
When ag
Pub.L. 102-378, § 2(8), Oct. 2, 1992, 106 Stat. 1347.)
consultant,
dent contra
HISTORICAL AND STATUTORY NOTES
formal con
1992 Amendments
comply with
limited to those contracts where such expenditures
curements a
Subsecs. (d), (e). Pub.L. 102-378, § 2(8), add-
are a matter of public record and available for
Comp.Gen.
ed subsecs. (d) and (e).
public inspection, except where otherwise provid-
ed under existing law, or under existing Executive
3. Service
1988 Amendment
order issued pursuant to existing law."
District o
Subsec. (c). Pub.L. 100-325 inserted "or the
Federal Bureau of Investigation and Drug En-
Appropriations Relating to Energy and Water
advisor to a
forcement Administration Senior Executive Ser-
Development; Public Disclosure of Consulting
earning cap
vice" after "Service".
Service through Procurement Contract
Pub.L. 102-377, Title V, § 504, Oct. 2, 1992,
§ 3110.
1982 Amendment
106 Stat. 1342, provided that: "The expenditure
Subsec. (a)(2). Pub.L. 97-258, § 3(a)(4), sub-
of any appropriation under this Act [Pub. L.
stituted "9104" for "849".
102-377, Oct. 2, 1992, 106 Stat. 1315, for distribu-
1978 Amendment
tion of which, see Tables] or subsequent Energy
(d) The
and Water Development Appropriations Acts for
the temp
Subsec. (c). Pub.L. 95-454 added subsec. (c).
any consulting service through procurement con-
disasters
Effective Date of 1992 Amendments
tract, pursuant to section 3109 of title 5, United
ployment
States Code [this section], hereafter shall be limit-
Amendment by Pub.L. 102-378 effective Oct. 2,
ed to those contracts where such expenditures are
1992, see section 9(a) of Pub.L. 102-378, set out
a matter of public record and available for public
as a note under section 6303 of this title.
inspection, except where otherwise provided under
(As amend
Effective Date of 1978 Amendment
existing law, or under existing Executive Order
issued pursuant to existing law."
Amendment by Pub.L. 95-454 effective 9
months after Oct. 13, 1978, and congressional
Availability of Appropriations for Services
1978 Amen
review of provisions of sections 401 through 412
Pub.L. 102-394, Title V, § 503, Oct. 6, 1992,
Subsec. (
of Pub.L. 95-454, see section 415 of Pub.L.
of Personn
106 Stat. 1825, provided that: "Appropriations
95-454, set out as a note under section 3131 of
Commission
contained in this Act [Pub.L. 102-394, Oct. 6,
this title.
1992, 106 Stat. 1792, the Departments of Labor,
Effective D
Appropriations Relating to Labor, Health and
Health and Human Services, and Education, and
Amendm
Human Services, and Education; Public Dis-
Related Agencies Appropriations Act, 1993, for
after Oct.
closure of Consulting Service through Procure-
distribution of this Act to the Code, see Tables] or
ment Contract
subsequent Departments of Labor, Health and
Human Services, and Education, and Related
Pub.L. 102-394, Title V, § 501, Oct. 6, 1992,
Agencies Appropriations Acts, available for sala-
Supersedu
106 Stat. 1825, provided that: "The expenditure
ries and expenses, shall be available for services as
Columbia 8
of any appropriation under this Act [Pub.L.
authorized by 5 U.S.C. 3109 [this section] but at
1981, s 1-6
102-394, Oct. 6, 1992, 106 Stat. 1792, the Depart-
rates for individuals not to exceed the per diem
ment of Labor, Health and Human Services, and
rate equivalent to the maximum rate payable for
Education, and Related Agencies Appropriations
senior-level positions under 5 U.S.C. 5376 [section
Act, 1993, for distribution of this Act to the Code,
Advocating
5376 of this title]."
see Tables] or subsequent Departments of Labor,
Constitution
Health and Human Services, and Education, and
Legislative History
Defenses 4
Related Agencies Appropriations Acts for any
For legislative history and purpose of Pub.L.
Persons enti
consulting service through procurement contract,
95-454, see 1978 U.S. Code Cong. and Adm.
pursuant to 5 U.S.C. 3109 [this section], shall be
News, p. 2723. See, also, Pub.L. 97-258, 1982
250
GOVERNMENT ORGANIZATION
GOVERNMENT ORGANIZATION
5 § 3110
Note 2
the Senior Executive Service or the Federal Bureau of Investiga-
U.S. Code Cong. and Adm. News, p. 1895;
forcement Administration Senior Executive Service may not be
Pub.L. 100-325, 1988 U.S.Code Cong. and Adm.
thority of subsection (b) of this section.
News, p. 634.
Personnel Management shall prescribe regulations necessary for
CROSS REFERENCES
of this section. Such regulations shall include—
Archivist of the United States, authority to
intermittent services, see section 2508 of Title 49,
governing the circumstances in which it is appropriate to employ
obtain services of experts and consultants, see
Transportation.
onsultant under the provisions of this section;
section 2105 of Title 44, Public Printing and
National Critical Materials Council, authority
for setting the pay of experts and consultants under this section;
Documents.
to obtain services of experts and consultants, see
Arctic Research Commission, authority to pro-
section 1807 of Title 30, Mineral Lands and Min-
cure temporary and intermittent services, see sec-
ing.
is to ensure compliance with such regulations.
tion 4105 of Title 15, Commerce and Trade.
Procurement of services of experts and consul-
shall report to the Office of Personnel Management on an annual
Commercial Motor Vehicle Safety Regulatory
tants by Comptroller General, see section 731 of
Review Panel, authority to procure temporary and
Title 31, Money and Finance.
to-
ber of days each expert or consultant employed by the agency
NOTES OF DECISIONS
iod was so employed; and
Services included 3
medical malpractice of naval obstetrician. Reilly
amount paid by the agency to each expert and consultant for
v. U.S., D.R.I.1988, 682 F.Supp. 150.
ing the period.
Temporary or intermittent experts and consul-
1. Temporary legal services
95-454, Title IV, § 402(b), Oct. 13, 1978, 92 Stat. 1160; Pub.L. 97-258,
tants may be retained by agencies when autho-
82, 96 Stat. 1088; Pub.L. 100-325, § 2(b), May 30, 1988, 102 Stat. 581;
When agency contract. nder this section with
rized by an appropriation or other statute, but an
Oct. 2, 1992, 106 Stat. 1347.)
consultant, such as private law firm, on indepen-
appropriation may not be used to hire employees
dent contractor basis, it is required to follow
to perform the same functions as are performed by
HISTORICAL AND STATUTORY NOTES
formal contracting procedures and to otherwise
regular employees. 1979 (Counsel-Inf. Op.) 3
comply with applicable provisions governing pro-
Op.O.L.C. 78.
limited to those contracts where such expenditures
curements and recording of obligations. 1981, 61
are a matter of public record and available for
This section would appear to encompass the
.L. 102-378, § 2(8), add-
Comp.Gen. 69.
public inspection, except where otherwise provid-
paying of a consultant from funds appropriated to
the White House Office to assist a nominee to a
ed under existing law, or under existing Executive
3. Services included
order issued pursuant to existing law."
regulatory agency in his confirmation hearing and
District court had power to appoint technical
to prepare the individual to assume his position, if
100-325 inserted "or the
Appropriations Relating to Energy and Water
advisor to assist in calculating damages for loss of
appointed. 1978 (Counsel-Inf. Op.) 2 Op.O.L.C.
estigation and Drug En-
Development; Public Disclosure of Consulting
earning capacity of infant injured at birth by
376.
on Senior Executive Ser-
Service through Procurement Contract
Pub.L. 102-377, Title V, § 504, Oct. 2, 1992,
§ 3110. Employment of relatives; restrictions
106 Stat. 1342, provided that: "The expenditure
97-258, § 3(a)(4), sub-
of any appropriation under this Act [Pub. L.
[See main volume for text of (a) to (c)]
102-377, Oct. 2, 1992, 106 Stat. 1315, for distribu-
tion of which, see Tables] or subsequent Energy
(d) The Office of Personnel Management may prescribe regulations authorizing
and Water Development Appropriations Acts for
the temporary employment, in the event of emergencies resulting from natural
5-454 added subsec. (c).
any consulting service through procurement con-
disasters or similar unforeseen events or circumstances, of individuals whose em-
tract, pursuant to section 3109 of title 5, United
Amendments
ployment would otherwise be prohibited by this section.
States Code [this section], hereafter shall be limit-
102-378 effective Oct. 2,
ed to those contracts where such expenditures are
[See main volume for text of (e)]
Pub.L. 102-378, set out
a matter of public record and available for public
6303 of this title.
inspection, except where otherwise provided under
(As amended Pub.L. 95-454, Title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
existing law, or under existing Executive Order
Amendment
issued pursuant to existing law."
HISTORICAL AND STATUTORY NOTES
L. 95-454 effective 9
1978 Amendment
Availability of Appropriations for Services
95-454, set out as a note under section 1101 of
1978, and congressional
ections 401 through 412
Subsec. (d). Pub.L. 95-454 substituted "Office
this title.
Pub.L. 102-394, Title V, § 503, Oct. 6, 1992,
of Personnel Management" for "Civil Service
section 415 of Pub.L.
106 Stat. 1825, provided that: "Appropriations
Commission".
e under section 3131 of
contained in this Act [Pub.L. 102-394, Oct. 6,
Legislative History
1992, 106 Stat. 1792, the Departments of Labor,
Effective Date of 1978 Amendment
For legislative history and purpose of Pub.L.
Health and Human Services, and Education, and
to Labor, Health and
Amendment by Pub.L. 95-454 effective 90 days
95-454, see 1978 U.S. Code Cong. and Adm.
Related Agencies Appropriations Act, 1993, for
after Oct. 13, 1978, see section 907 of Pub.L.
Education; Public Dis-
News, p. 2723.
distribution of this Act to the Code, see Tables] or
Service through Procure-
subsequent Departments of Labor, Health and
CROSS REFERENCES
Human Services, and Education, and Related
V, § 501, Oct. 6, 1992,
Agencies Appropriations Acts, available for sala-
Supersedure of certain provisions for District of
that: "The expenditure
ries and expenses, shall be available for services as
Columbia government employees, see D.C.Code
nder this Act [Pub.L.
authorized by 5 U.S.C. 3109 [this section] but at
1981, § 1-633.2.
6 Stat. 1792, the Depart-
rates for individuals not to exceed the per diem
nd Human Services, and
rate equivalent to the maximum rate payable for
NOTES OF DECISIONS
Agencies Appropriations
senior-level positions under 5 U.S.C. 5376 [section
Advocating 3
2. Persons entitled to maintain action
of this Act to the Code,
5376 of this title]."
Constitutionality 1
Departments of Labor,
Only recourse of career civil servant at Federal
Legislative History
Defenses 4
ces, and Education, and
Communications Commission against her transfer
For legislative history and purpose of Pub.L.
Persons entitled to maintain action 2
priations Acts for any
under antinepotism provisions this section was
h procurement contract,
95-454, see 1978 U.S. Code Cong. and Adm.
appeal to internal management or to political
9 [this section], shall be
News, p. 2723. See, also, Pub.L. 97-258, 1982
process; civil servant did not have standing to
challenge transfer in federal district court. Cutts
250
251
Codification of Presidential Proclamations and Executive Orders
[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.. p. 264]
SEC. 2. The head of any agency in the Executive Branch having an
established merit system in the excepted service may appoint in such
service any person who is certified by the Director of the Peace Corps
as having served satisfactorily as a Volunteer or Volunteer Leader
under the Peace Corps Act and who passes such examination as such
agency head may prescribe.
SEC. 3. Certificates of satisfactory service for the purposes of this
Order shall be issued only to persons who have completed a full term
of service (approximately two years) under the Peace Corps Act: Pro-
vided, That such certificates may be issued to persons who have com-
pleted a lesser period of satisfactory service if, in the judgment of the
Director of the Peace Corps, (1) their service was of sufficient duration
to demonstrate their capability to complete satisfactorily a full term,
and (2) their failure to complete a full term was due to circumstances
beyond their control.
SEC. 4. Any appointment under this Order shall be effected within a
period of one year after completion of the appointee's service under the
Peace Corps Act: Provided, That such period may be extended to not
more than three years in the case of persons who, following such serv-
ice, are engaged in military service, in the pursuit of studies at a recog-
nized institution of higher learning, or in other activities which, in the
view of the appointing authority, warrant an extension of such period.
SEC. 5. Any law, Executive Order, or regulation which would dis-
qualify an applicant for appointment in the competitive service or in the
excepted service concerned shall also disqualify an applicant for ap-
pointment under this Order.
Executive Order 11183-Establishing the President's Commission on
White House Fellowships
SOURCE: The provisions of Executive Order 11183 of Oct. 3, 1964, appear at 29 FR
13633, 3 CFR, 1964-1965 Comp., p. 256, unless otherwise noted.
WHEREAS it is in the national interest that our future leaders in all
walks of life have opportunities to observe at firsthand the important
and challenging tasks of American Government; and
WHEREAS participation in Government service early in their ca-
reers will help persons with high qualifications to become well-in-
formed and public-spirited citizens; and
WHEREAS it is appropriate that public recognition be given to per-
sons of exceptional promise who are willing to devote their time to in-
creasing their understanding of the public business:
[Preamble amended by EO 12012 of Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp., p.
146]
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States, it is ordered as follows:
SECTION 1. Establishment of Commission. (a) There is hereby estab-
lished the President's Commission on White House Fellowships, herein-
after referred to as the Commission. The Commission shall consist of
such outstanding citizens from the fields of public affairs, education, the
sciences, the professions, other fields of private endeavor, and the Gov-
ernment service, as the President may from time to time appoint. One
64
mations and Executive Orders
Chapter 5-Federal Civilian Personnel
5, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
the Executive Branch having an
of the members shall be designated by the President to serve as Chair-
oted service may appoint in such
man of the Commission.
the Director of the Peace Corps
(b) Members of the Commission shall serve at the pleasure of the
Volunteer or Volunteer Leader
President. Federal officials shall receive no additional compensation by
passes such examination as such
reason of their service on the Commission. Members appointed to the
Commission from private life shall serve without compensation.
service for the purposes of this
[See. I amended by EO 11410 of May 6, 1968, 33 FR 6911, 3 CFR, 1966-1970 Comp., p.
who have completed a full term
725]
under the Peace Corps Act: Pro-
SEC. 2. Functions of the Commission. (a) The Commission shall pre-
ssued to persons who have com-
scribe such standards and procedures as may be necessary to enable it
ervice if, in the judgment of the
to recommend annually a group of outstanding persons from among
service was of sufficient duration
whom the President may select White House Fellows. Following publi-
mplete satisfactorily a full term,
cation of these standards and procedures, the Commission may accept
1 term was due to circumstances
(1) applications from individuals, including regular members is the
Armed Forces of the United States, and (2) nominations from sponsor-
Order shall be effected within a
ing individuals or organizations for consideration in its recommenda-
the appointee's service under the
tions.
period may be extended to not
(b) The standards and procedures to be prescribed by the Commis-
ersons who, following such serv-
sion shall be so drawn as to limit the selection of White House Fellows
the pursuit of studies at a recog-
to persons who-
in other activities which, in the
(1) Have demonstrated unusual ability, high moral character, out-
ant an extension of such period.
standing motivation, and a broad capacity for leadership;
or regulation which would dis-
(2) Are presently early in their chosen careers and show exceptional
the competitive service or in the
promise of future development;
disqualify an applicant for ap-
(3) Are dedicated to the institutions of the United States and the
values of American civilization; and
(4) Are not, on the date on which they apply or at any time between
the President's Commission on
the date of application and the beginning of service as a White House
lowships
Fellow, employed in, or receiving any salary or wage as compensation
for, the performance of a Federal function under authority of law or
1183 of Oct. 3, 1964, appear at 29 FR
Executive act; except that, this exclusion shall not apply to regular
herwise noted.
members of the Army, Navy, Air Force, Marine Corps or Coast
est that our future leaders in all
Guard, nor shall it apply to a "special Government employee" as de-
erve at firsthand the important
fined in Section 202 of Title 18 of the United States Code, nor shall it
ernment; and
apply to an independent contractor or employee thereof.
ment service early in their ca-
(c) White House Fellows shall be recommended by the Commission
alifications to become well-in-
and selected by the President without discrimination on the basis of sex,
race, color, creed, national origin, age or political affiliation.
lic recognition be given to per-
[Sec. 2 amended by EO 11648 of Feb. 16, 1972, 37 FR 3623, 3 CFR, 1971-1975 Comp., p.
lling to devote their time to in-
673; EO 11946 of Oct. 25, 1976, 41 FR 47219, 3 CFR, 1976 Comp., p. 158; EO 12012 of
C business:
Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp., p. 146]
42 FR 54249, 3 CFR, 1977 Comp., p.
SEC. 3. White House Fellows. White House Fellows will be appointed
to serve for a period to be set by the Commission, provided that such a
the authority vested in me as
period shall not exceed 365 days. Extensions of appointments may be
ed as follows:
granted by the Commission at any time after appointments are made,
ion. (a) There is hereby estab-
but such extensions shall not exceed 90 days. White House Fellows will
nite House Fellowships, herein-
begin their appointments on September 1 of the year in which they are
e Commission shall consist of
selected, and shall be assigned to serve on the White House staff, in the
of public affairs, education, the
Executive Office of the President, in the Office of the Vice President,
orivate endeavor, and the Gov-
in the offices of members of the Cabinet, or in the offices of such other
om time to time appoint. One
Executive Branch officials as shall, from time to time, be designated by
the President and the Commission.
65
Codification of Presidential Proclamations and Executive Orders
[Sec. 3 amended by EO 11946 of Oct. 25, 1976, 41 FR 47219, 3 CFR, 1976 Comp., p. 158:
(1)
EO 12653 of Sept. 29, 1988, 53 FR 38705, 3 CFR, 1988 Comp., p. 583]
more t.
SEC. 4. Executive Agencies. (a) Each executive agency as defined ih
(2) e
section 105 of title 5 of the United States Code shall extend fullest co-
in the
operation to the White House Fellows Program and attempt to maxi-
time c
functio
mize the Program's benefits to the individual Fellow, the Department
with th
or Agency, and the Federal Government.
been re
(b) The Office of Personnel Management shall provide the Commis-
within
sion with administrative services, staff support, and travel expenses as
Forces
authorized by law.
(3) a
[Sec. 4 amended by EO 11648 of Feb. 16, 1972, 37 FR 3623, 3 CFR, 1971-1975 Comp., p.
time C
673; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
functio
EDITORIAL NOTE: The President's Commission on White House Fellowships was con-
period
tinued until Sept. 30, 1989, by Executive Order 12610 of Sept. 30, 1987, 52 FR 36901, 3
SEC.
CFR, 1987 Comp., p. 250. Executive Order 12610 also provides that, notwithstanding the
the pr
provisions of any other Executive order, the functions of the President under the Federal
the U1
Advisory Committee Act which are applicable to the Commission, except that of report-
days a
ing annually to Congress, shall be performed by the Director of the Office of Personnel
and W
Management in accordance with guidelines and procedures established by the Administra-
tor of General Services.
credite
to Sec
Executive Order 11203-Permitting certain qualified employees of the
the Tr
Treasury Department to be given career appointment
days a
SEC
SOURCE: The provisions of Executive Order 11203 of Mar. 12, 1965, appear at 30 FR
cides 1.
3417, 3 CFR, 1964-1965 Comp., p. 287, unless otherwise noted.
under
mends
By virtue of the authority vested in me by Section 2 of the Civil
be ser
Service Act (22 Stat. 403) and Section 1753 of the Revised Statutes of
expire
the United States (5 U.S.C. 631) and as President of the United States,
SEC
it is hereby ordered as follows:
regula
SECTION 1. Any employee of the Treasury Department serving under
[Sec. 5
an appointment under Schedule B of the Civil Service Rules in a posi-
tion concerned with the protection of the life and safety of the Presi-
Execu
dent, members of his immediate family, or other persons for whom
tive
similar protective services are provided by law (which responsibility is
the
hereinafter referred to as the protective function) may have his appoint-
ment converted to a career appointment if:
Sou
(1) he has completed at least three years of full-time continuous serv-
6381.
ice in a position concerned with the protective function;
By
(2) the Secretary of the Treasury, or his designee, recommends the
vised
conversion of the employee's appointment within 90 days after the em-
of the
ployee meets the service requirements of this section, or within 90 days
SE
after the date of this Order, whichever is later;
of Pt
(3) he shall have passed a competitive examination appropriate for
Servi
the position he is occupying or meets noncompetitive examination
(a)
standards the Office of Personnel Management prescribes for his posi-
(h
tion; and
eign
(4) he meets all other requirements prescribed by the Office pursuant
or le
to Section 5 of this Order.
(c
[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
poin
men
SEC. 2. For the purposes of Section 1-
66
11/23/93 13:34
202 456 7132
WHITE HOUSE/NEC
1
001/018
M
Have
FAX TRANSMISSION
The National Economic Council
(213) a3a back late yo 9825 to meneus
The White House
11/29
To: Kathi WhaleN
Phone: 7903
FAX: 456-1647
From: ElizABeTH CoheN
Phone: 202-456-6491 FAX: 202-456-2223
456-2801
Date: 11/23/93
Time:
Pages to follow:
N
17
11/23/93
13:34
202 456 7132
WHITE HOUSE/NEC
1
002/018
THE WHITE HOUSE
washington
October 18, 1993
MEMORANDUM FOR THE TAK VICE PRESIDENT
FROM:
Tom Kalil (National Economic Council)
SUBJECT:
Using the "Bully Pulpit" to promote the NII
Although fiscal constraints will limit the ability of the Administration to
make major new investments, leadership can be a powerful (and inexpensive) tool
for promoting the Administration's vision of the National Information
Infrastructure.
Below are a few concrete proposals. If you think these are worthwhile, we
can develop them further and begin to discuss them with relevant agencies and
outside groups.
1.
Establishing National Goals:
The NII is such an all-encompassing and amorphous concept that many
believe it is critical to set some national goals -- an equivalent of a "Man on the
Moon."
One such goal might be providing all schools with some level of access to
the Internet by a date certain (e.g. 1996). Fortune recently reported that:
"From Harlem to Honolulu, electronic networks are sparking the kind of
excitement not seen in America's classrooms since the space race."
Access to the Internet, combined with digital libraries, improvements in
"user friendliness", and teacher training, could accelerate progress towards the six
national education goals.
2.
NII Fellows:
The development of the NII and its applications will require an
unprecedented level of collaboration between all sectors of American society
(government, industry, academia, public interest, etc.) Current examples of NII
collaborative activities include Smart Valley, the Cross-Industry Working Team,
standards-setting, and policy projects of groups such as the Council on
Competitiveness.
11/23/93
13:34
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WHITE HOUSE/NEC
1
003/018
-2-
Most of the individuals participating in these projects also have full-time
jobs, which can make progress slow and uneven.
The Administration could encourage companies, universities and other
institutions to provide 1-2 year sabbaticals to "NII Fellows" --- professionals who
would have the freedom to participate in a wide range of collaborative activities
such as those mentioned above.
3.
State Information Infrastructure Trust Funds:
Some states use any "overearnings" from local telephone companies to
finance telecommunications projects with a public interest dimension - - such as
distance learning.
The Administration could encourage representatives of the relevant
stakeholders (e.g. states, telephone companies, consumer advocates) to draft model
legislation for consideration by all 50 states.
4.
States as Laboratories of Democracy" for the NII
There is a vast array of NII-related activity going on at the state and local
level. If each of the states would take responsibility for providing information on-
line about their activities, the federal government could learn from the states and
states could learn from each other.
5.
Pilot projects in the District of Columbia:
Ideally, you should not have to travel 3,000 miles to Cupertino to see how
this technology can be applied to solving community and local government needs.
The White House could support local grassroots projects such as Cap Access, a
Washington, D.C.-based Freenet. ARPA is already considering networking local
schools in Southeast D.C.
11/23/93 13:35
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WHITE HOUSE/NEC
5
004/018
NOU-23-1993 12:26
NIST OCLA
301 >60 CJOP
TRANSMITTAL SHEET
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)
OFFICE OF CONGRESSIONAL AND LEGISLATIVE AFFAIRS
PANAFAX # (301) 926-2569
Bldg. 101, Room A1111
Date: November 23, 1993
To: Dr. Elizabeth Cohen
Agency: C/O NEC
SUBJECT: Per our conversation
CC. Kathi whalen
From: Michael R. Rubin
Agency/Division: Deputy Chief Counsel for NIST
Contact Number: 301 975-2803
Number of Pages Including Cover Sheet: 14
Special Instructions: If you need any additional information. please contact
me at the above number. Thank you.
11/23/93
13:35
7202 456 7132
WHITE HOUSE NEC
1
005/018
NIST OCLA
301 926 2569
P.Ds
NOU-23-1993 12:26
P.L. 99-502
LAWS OF 99th CONG-2nd SESS.
Oct. 20
Sec. 9
"(7) encourage and assist the creation of centers and other
joint initiatives by State of local governments, regional
organizations. private businesses, institutions of higher
education, nonprofit organizations, or Federal laboratories to
encourage technology transfer, to stimulate innovation, and to
promote an appropriate climate for investment in technology-
related industries;
"(8) propose and encourage cooperative research involving
appropriate Federal entities, State or local governments. TO
gional organizations, colleges or universities, nonprofit
organizations, or private industry to promote the common use of
resources, to improve training programs and curricula, to
stimulate interest in high technology careers. and to encourage
the effective dissemination of technology skills within the wider
community.".
15 USC 3705
(6) The heading of section 6 of such Act is amended to read as
follows:
-SEC. 5. COOPERATIVE RESEARCH CENTERS."
(7) Section 6(a) of such Act is amended by striking out "Centers for
Industrial. Technology" and inserting in lieu thereof "Cooperative
Research Centers".
(8) Section 6(b)(1) of such Act is amended by striking out "basic
and applied".
(9) Section 6(e) of such Act is amended to read as follows:
"(e) RESEARCH AND DEVELOPMENT UTILIZATION.-In the promotion
of technology from research and development efforts by Centers
35 USC 200 et
under this section; chapter 18 of title 35. United States Code, shall
seq.
apply to the extent not inconsistent with this section."
(10) Section Gif) of such Act is repealed.
15 USC 370
(II) The heading of section 8 of such Act is amended by striking
out "CENTERS FOR INDUSTRIAL TECHNOLOGY" and inserting in lieu
thereof "COOPERATIVE RESEARCH CENTERS".
(12) Section 8(a) of such Act is amended by striking out "Centers
for Industrial Technology" and inserting in lieu thereof "Coopera-
tive Research Centers".
15 USC 2714.
(13) Section 19 of such Act (as redesignated by section 2 of this
Act) is amended by striking out "pursuant to this Act" and inserting
in lieu thereof "pursuant to the provisions of this Act (other than
sections 12, 13. and 14)".
(c) RELATED CONFORMING AMENDMENT.-Section 210 of title 35.
United States Code, is amended by adding at the end thereof the
following new subsection:
"(e) The provisions of the Stevenson-Wydler Technology Innova-
Ants. p. 1785.
tion Act of 1980, as amended by the Federal Technology Transfer
Act of 1986, shall take precedence over the provisions of this chapter
to the extent that they permit or require a disposition of rights in
subject inventions which is inconsistent with this chapter.".
15 USC 503.
(d) ADDITIONAL DEFINITIONS.-Section 4 of such Act (as amended
by subsection (bx2) of this section) is further amended by adding at
the end thereof the following new paragraphs:
"(8) Federal agency' means any executive agency as defined
in section 105 of title 5, United States Code, and the military
departments as defined in section 102 of such title.
(9) "Invention" means any invention or discovery which is or
may be patentable or otherwise protected under title 35. United
States Code, or. any novel variety of plant which is or may be
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protectable under the Plant Variety Protection Act (7 U.S.C.
2321 et seq.).
(10) 'Made' when used in conjunction with any invention
means the conception or first actual reduction to practice of
such invention.
"(II) 'Small business firm' means a small business concern as
defined in section 2 of Public Law 85-536 (15 U.S.C. 632) and
implementing regulations of the Administrator of the Small
Business Administration.
"(12) "Training technology' means computer software and
related materials which are developed by a Federal agency to
train employees of such agency. including but not limited to
software for computer-based instructional systems and for inter-
active video disc systems.".
(e) REDISIONATION OF SECTIONS To REFLECT CHANGES MADE BY
PRECEDING PROVISIONS.-(1) Such Act (as amended by the preceding
provisions of this Act) is further amended by redesignating sections
11 through 19 as sections 10 through 18, respectively.
15 USC
(2XA) Section S(d) of such Act is amended by inserting "(as then in
3710-3714.
effect" after "sections 5, 6, 8, 11, 12. and 13 of this Act".
15 USC 3704.
(B) Section 8(a) of such Act is amended by striking out the last
16 USC 8707.
sentence.
(C) Section 9d) of such Act is amended by striking out "or 13" and
is USC 3705
inserting in lieu thereof "10. 14. or 16".
(3) Section 13(ax1) of such Act (as redesignated by paragraph (1) of
18 USC 3.10c.
this subsection) is amended by striking out section 12 in the
matter preceding subparagraph (A), and inserting in lieu thereof
"section 11",
(4) Section 18 ofsuch Act (as redesignated by paragraph (1) of this
15 USC 3714.
subsection) is amended by striking out "sections 12, 13, and 14" and
inserting in lieu thereof "sections 11. 12, and 13"
if) CLARIFICATION OF FINDINGS AND PURPOSES.-(1) The second
sentence of section 2(10) of such Act (15 U.S.C. 3701(10)) is amended
by inserting ". which include inventions, computer software. and
training technologies." immediately after "developmeats".
(2) Section 3(3) of such Act (15 U.S.C. 8702(3)) is amended by
inserting including inventions, software, and training tech-
nologies," immediately after "developments".
Approved October 20. 1986.
LEGISLATIVE HISTORY-H.R. 3773:
HOUSE REPORTS: No. 99-415 (Comm. on Science and Technology and No. 99-953
(Comm. of Conference).
SENATE REPORTS: No. 99-283 Comm. on Commerce. Science. and Transportation
CONGRESSIONAL RECORD:
Vol. 131 Dec. 9. considered and passed House.
Val. 132:19861: Aug. 9, considered and passed Senate, amended.
Oct. 3. Senate agreed to conference report.
Oct. 7. House agreed to conference report.
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501 DED CJOS
TRANSMITTAL SHEET
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)
OFFICE OF CONGRESSIONAL AND LEGISLATIVE AFFAIRS
PANAFAX # (301) 926-2569
Bldg. 101, Room A1111
Date: November 23. 1993
To: Dr. Elizabeth Cohen
Kathi Whaten
Agency: C/O NEC
SUBJECT: Per our conversation
From: Michael R. Rubin
Agency/Division: Deputy Chief Counsel for NIST
Contact Number: 301 975-2803
Number of Pages Including Cover Sheet: 14
Special Instructions: If you need any additional information, please contact
me at the above number. Thank you,
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PUBLIC LAW 99-502 [H.R. 3773]: October 20, 1986
FEDERAL TECHNOLOGY TRANSFER ACT OF 1986
For Lagislative History of Act are Report for PL 89-502
is Legislative History Section, past.
As Act 90 - the Technicapy Innovation Ad of 1980 90 provide technology
transfer by suthorizing to - late - required
1 end by . Laboratory Consertion for Taximalogy Transfer within
the National Broom of 1 for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Federal
Technology
SECTION 1. SHORT TITLE
Transfer Act of
This Act may be cited as the "Federal Technology Transfer Act of
1986.
Commerce and
1985"
trade.
Government
SEC.2 COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.
organization and
The Stevenson- Wydler Technology Innovation Act of 1980 is
employees.
15 USC 3701
amended by redesignating sections 12 through 15 as sections 16
note
through 19. and by inserting immediately after section 11 the
15 USC 3701
following:
note.
15 USC
-SEC. 12. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.
3711-3714.
16 USC 3710a.
"(a) GENERAL AUTHORITY.-Each Federal agency may permit the
director of any of its Government-operated Federal laboratories--
"(1) to enter into cooperative research and development
State and local
agreements on behalf-of such agency (subject to subsection (c) of
governments.
this section) with other Federal agencies; units of State or local
Business and
government; industrial organizations (including corporations,
industry.
Schools and
partnerships, and limited partnerships, and industrial develop-
colleges.
ment organizations): public and private foundations; nonprofit
organizations (including universities); or other persons (includ-
ing licensees of inventions owned by the Federal agency): and
"(2) to negotiate licensing agreements under section 207 of
title 85, United States Code, or under other authorities for
Government-owned inventions made at the laboratory and
other inventions of Federal employees that may be voluntarily
assigned to the Government.
"(b) ENUMERATED AUTHORITY.-Under agreements entered into
pursuant to subsection (a)(1), a Government-operated Federal lab-
oratory may (subject to subsection (c) of this section)-
"(1) accept, retain, and use funds, personnel, services. and
property from collaborati parties and provide personnel, serv.
less, and property to collaborating parties;
"(2) grant or agree to grant in advance. to a collaborating
Patents and
party, patent licenses or assignments, or options thereto. in
trademarks.
any invention made in whole or in part by a Federal em-
ployee under the agreement, retaining a nonexclusive.
nontransferrable, irrevocable, paid-up license to practice the
invention or have the invention practiced throughout the world
by or on behalf of the Government and such other rights the
Federal laboratory deems appropriate: and
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Sec. 2
"(3) waive, subject to reservation by the Government of a
nonexclusive. irrevocable, paid-up license to practice the inven-
tion or have the invention practiced throughout the world by or
on behalf of the Government. in advance, in whole or in part.
any right of ownership which the Federal Government may
have to any subject invention made under the agreement by a
collaborating party or employee of a collaborating party: and
"(4) to the extent consistent with any applicable agency
requirements and standards of conduct. permit employees or
former employees of the laboratory to participate in efforts to
commercialize inventions they made while in the service of the
United States.
Regulations.
"(c) CONTRACT CONSIDERATIONS.-1) A Federal agency may issue
regulations on suitable procedures for implementing the provisions
of this section: however, implementation of this section shall not be
delayed until issuance of such regulations.
"(2) The agency in permitting a Federal laboratory to enter into
agreements under this section shall be guided by the purposes of
this Act
"(3XA) Any agency using the authority given it under subsection
(a) shall review employee standards of conduct for resolving poten-
tial conflicts of interest to make sure they adequately establish
guidelines for situations likely to arise through the use of this
authority. including but not limited to cases where present or
former employees or their partners negotiate licenses or assign-
ments of titles to inventions or negotiate cooperative research and
development agreements with Federal agencies (including the
agency with which the employee involved is or was formerly
employed).
"(B) Lf. in implementing subparagraph (A). an agency is unable to
resolve potential conflicts of interest within its current statutory
framework; it shall propose necessary statutory changes to be for-
warded to its authorizing committees in Congress.
#(4) The laboratory director in deciding what cooperative research
and development agreements to enter into shall-
Small business.
"(A) give special consideration to small business firms. and
consortia Involving small business firms; and
Business and
"(B) give preference to business units located in the United
industry.
States which agree that products embodying inventions made
International
under the cooperative research and development agreement or
agreements.
produced through the use of such inventions will be manufac.
tured substantially in the United States and, in the case of any
industrial organization or other person subject to the control of
a foreign company or government as appropriate, take into
consideration whether or not such foreign government permits
United States agencies, organizations. or other persons to enter
into cooperative research and development agreements and
licensing agreements.
"15XA) If the head of the agency or his designee desires an
opportunity to disapprove or require the modification of any such
agreement, the agreement shall provide a 30-day period within
which such action must be taken beginning on the date the agree
ment is presented to him or her by the head of the laboratory
concerned.
"(B) In any case in which the head of an agency or his designee
disapproves or requires the modification of an agreement presented
under this section, the head of the agency or such designee shail
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transmit 4 written explanation of such disapproval or modification
to the head of the laboratory concerned.
"(6) Each agency shall maintain a record of all agreements en- Records.
tered into under this section.
"(d) DEFINITION-As used in this section-
"(1) the term cooperative research and development agree.
ment' means any agreement between one or more Federal
laboratories and one or more non-Federal parties under which
the Government, through its laboratories. provides personnel.
services, facilities, equipment, or other resources with or with
out reimbursement (but not funds to non-Federal parties) and
the non-Federal parties provide funds, personnel, services.
facilities, equipment, or other resources toward the conduct of
specified research ar development efforts which are consistent
with the missions of the laboratory: except that such term does
not include a procurement contract or cooperative agreement as
those terms are used in sections 6303. 6304, and 6305 of title 31.
United States Code; and
"(2) the term 'laboratory' means a facility or group of facili-
ties owned, leased. or otherwise used by a Federal agency, 0
substantial purpose of which is the performance of research,
development. or engineering by employees. of the Federal
Government.
"(e) DETERMINATION OF LABORATORY Missions.-For purposes of
this section, an agency shall make separate determinations of the
mission or missions of each of its laboratories.
"(f) RELATIONSHIP TO OTHER LAWS.-Nothing in. this section is
intended to limit or diminish existing authorities of any agency.".
SEC 2. ESTABLISHMENT OF FEDERAL LABORATORY CONSORTIUM FOR
TECHNOLOGY TRANSFER
Section 11 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710) is amended--
Past. p. 1791.
(1) by redesignating subsection (e) as subsection (f): and
(2) by inserting after subsection (d) the following:
"(e) ESTABLISHMENT OF FEDERAL LABORATORY CONSORTIUM FOR
TECHNOLOGY TRANSFER-1) There is hereby established the Federal
Laboratory Consortium for Technology Transfer (hereinafter re-
ferred to as the "Consortium") which, in cooperation with Federal
Laboratories and the private nector, shall-
"(A) develop and (with the consent of the Federal laboratory
concerned) administer techniques, training courses, and mate-
rials concerning technology transfer to increase the awareness
of Federal laboratory employees regarding the commercial
potential of laboratory technology and innovations;
"(B) furnish advice and assistance requested by Federal agen-
cies and laboratories for use in their technology transfer pro-
grams (including the planning of seminars for small business
and other industry);
"(C) provide & clearinghouse for requests, received at the
laboratory level, for technical assistance from States and units
of local governments. businesses, industrial development
organizations, not-for-profit organizations including univer-
sities, Federal agencies and laboratories. and other persons.
and-
"(i) to the extent that such requests can be responded to
with published information available to the National Tech-
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See. a
nical Information Service. refer such requests to that Serv.
ice, and
"(ii) otherwise refer these requests to the appropriate
Federal laboratories and agencies:
"IDI facilitate communication and coordination between
Offices of Research and Technology Applications of Federal
laboratories:
"(E) utilize (with the consent. of the agency involved) the
expertise and services of the National Science Foundation. the
Department of Commerce. the National Aeronautics and Space
Administration, and other Federal agencies. as necessary:
"(F) with the consent of any Federal laboratory. facilitate the
use by such laboratory of appropriate technology transfer
mechanisms such as personnel exchanges and computer-based
systems:
"IGI with the consent of any Federal laboratory. assist such
laboratory to establish programs using technical volunteers to
provide technical assistance to communities related to such
laboratory.
"(H) facilitate communication and cooperation between Of.
fices of Research and Technology Applications of Federal lab-
oratories and regional, State. and local technology transfer
organizations:
AD when requested. assist colleges or universities. businesses.
nonprofit organizations, State or local governments. or regional
organizations to establish programs to stimulate research and
to encourage technology transfer in such areas as technology
program development. curriculum design, long-term research
planning. personnel needs projections, and productivity assess-
ments: and
:
"W) seek advice in each Federal laboratory consortium region
from representatives of State and local governments, large and
small business, universities, and other appropriate persons on
the effectiveness of the program (and any such advice shall be
provided at no expense to the Government).
"(2) The membership of the Consortium shall consist of the Fed-
eral laboratories described in clause (1) of subsection (b) and such
other laboratories as may choose to join the Consortium. The rep-
resentatives to the Consortium shall include a senior staff member
of each Federal laboratory which is a member of the Consortium
and a representative appointed from each Federal agency with one
or more member laboratories.
"13) The representatives to the Consortium shall elect a Chairman
of the Consortium.
"(4) The Director of the National Bureau of Standards shall
provide the Consortium. on a reimbursable basis, with administra-
tive services, such as office space, personnel. and support services of
the Bureau. as requested by the Consortium and approved by such
Director.
"15) Each Federal laboratory or agency shall transfer technology
directly to users or representatives of users, and shall not transfer
technology directly to the Consortium. Each Federal laboratory
shall conduct and transfer technology only in accordance with the
practices and policies of the Federal agency which owns, leases. or
otherwise uses such Federal laboratory.
Reports
"(6) Not later than one year after the date of the enactment of this
subsection, and every year thereafter. the Chairman of the Consor-
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tium shall submit a report to the President. to the appropriate
authorization and appropriation committees of both Houses of the
Congress. and to each agency with respect to which a transfer of
funding is made (for the fiscal year or years involved) under pare-
graph (7), concerning the activities of the Consortium and the
expenditures made by it under this subsection during the year for
which the report is made.
"(7XA) Subject to subparagraph (B), an amount equal to 0.005
percent of that portion of the research and development budget of
each Federal agency that is to be utilized by the laboratories of such
agency for a fiscal year referred to in subparagraph (Bii) shall be
transferred by such agency to the National Bureau of Standards at
the beginning of the fiscal year involved. Amounts so transferred
shall be provided by the Bureau to the Consortium for the purpose
of carrying out activities of the Consortium under this subsection.
"(B) A transfer shall be made by any Federal agency under
subparagraph (A), for any fiscal year, only if-
"(i) the amount so transferred by that agency (as determined
under such subparagraph) would exceed $10,000; and
"(ii) such transfer is made with respect to the fiscal year 1987,
1988, 1989, 1990. or 1991.
"(C) The heads of Federal agencies and their designees, and the
directors of Federal laboratories, may provide such additional sup-
port for operations of the Consortium as they deem appropriate.
"(8XA) The Consortium shall use 5 percent of the funds provided
in paragraph (7XA), to establish demonstration projects in tech-
nology transfer. To carry out such projects, the Consortium may
arrange for grants or awards to, or enter into agreements with.
nonprofit State, local, or private organizations or entities whose
primary purposes are to facilitate cooperative research between the
Federal laboratories and organizations not associated with the Fed-
eral laboratories, to transfer technology from the Federal labora-
tories. and to advance State and local economic activity.
"(B) The demonstration projects established under subparagraph
(A) shall serve as model programs. Such projects shall be designed to
develop programs and mechanisms for technology transfer from the
Federal laboratories which may be utilized by the States and which
will enhance Federal, State, and local programs for the transfer of
technology.
"(C) Application for such grants, awards. or agreements shall be
in such form and contain such information as the Consortium or its
designee shall specify.
"(D) Any person who receives or utilizes any proceeds of a grant or
Records.
award made, or agreement entered into, under this paragraph shall
keep such records as the Consortium or its designee shall determine
are necessary and appropriate to facilitate effective audit and
evaluation, including records which fully disclose the amount and
disposition of such proceeds and the total cost of the project in
connection with which such proceeds were used.".
SEC. 4. UTILIZATION OF FEDERAL TECHNOLOGY.
(a) RESPONSIBILITY FOR TECHNOLOGY TRANSFER-Section 11(a) of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710(s)) is amended-
(1) by inserting "(1)" after "Policy.-"; and
(2) by adding at the end thereof the following new
paragraphs:
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(2) Technology transfer. consistent with mission responsibil-
ities, is a responsibility of each laboratory science and engineering
professional.
"(3) Each laboratory director shall ensure that efforts to transfer
technology are considered positively in laboratory job descriptions.
employee promotion policies. and evaluation of the job performance
of scientists and engineers in the laboratory.".
(b) RESEARCH AND TECHNOLOGY APPLICATIONS OFFICES.-(1) Section
11(b) of such Act (15 U.S.C. 3710(b)) is amended-
(A) by striking out "a total annual budget exceeding
$20,000,000 shall provide st least. one professional individual
full-time" and inserting in lieu thereof "200 or more full-time
equivalent scientific. engineering, and related technical posi-
tions shall provide one or more full-time equivalent positions";
(B) by inserting immediately before the next to last sentence
the following new sentence: "Furthermora. individuals filling
positions in an Office of Research and Technology Applications
shall be included in the overall laboratory/agency management
development program so as to ensure that highly competent
technical managers are full participants in the technology
transfer process.":
(C) by striking out "requirements set forth in (1) and/or (2) of
this subsection in the next to last sentence and inserting in
lieu thereof 'requirement set forth in clause (2) of the preceding
sentence": and
(D) by striking out "either requirement (1) or (2)" in the last
sentence and inserting in lieu thereof "such requirement".
(2) Section 11(c). of such Act (15 U.S.C. 3710(c)) is amended-
(A) by striking out paragraph (1) and inserting in lieu thereof
the following:
"(1) to prepare application assessments for selected research
and development projects in which that laboratory is engaged
and which in the opinion of the laboratory may have potential
commercial applications;";
(B) by striking out "the Center for the Utilization of Federal
Technology" in paragraph (3) and inserting in lieu thereof "the
National Technical Information Service, the Federal Labora-
tory Consortium for Technology Transfer,". and by striking out
"and" after the semicolon;
(C) by striking out "in response to requests from State and
local government officials." in paragraph (4) and inserting in
lieu thereof "to State and local government officials: and"; and
(D) by inserting immediately after paragraph (4) the following
new paragraph:
State and local
"(6) to participate, where feasible. in regional, State, and local
governments.
programs designed to facilitate or stimulate the transfer of
technology for the benefit of the region. State, or local jurisdic-
tion in which the Federal laboratory is located."
(c) DISSEMINATION OF TECHNICAL INFORMATION.-Section 11(d) of
such Act (15 U.S.C. 3710(d)) is amended—
(1) by striking out "(d)" and all that follows down through
"shall-" and inserting in lieu thereof the following:
(d) DISSEMINATION OF TECHNICAL INFORMATION.-The National
Technical Information Service shall-";
(2) by striking out paragraph (2);
(3) by striking out "existing" in paragraph (3). and redesignat-
ing such paragraph as paragraph (2):
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(4) by striking our paragraph (4) and inserting in lieu thereof
the following:
"(3) receive requests for technical assistance from State and
State and local
local governments. respond to such requests with published
governments.
information available to the Service, and refer such requests to
the Federal Laboratory Consortium for Technology Transfer to
the extent that such requests require a response involving more
than the published information available to the Service:":
(5) by redesignating paragraphs (5) and (6) as paragraphs (4)
and (5), respectively; and
(6) by striking out "(CX4)" in paragraph (4) as so redesignated
and inserting in lieu thereof "(cx3)".
(d) AGENCY REPORTING.-Section 1100 of such Act (15 U.S.C.
3710(e)) (as redesignated by section an of this Act) is amended-
(1) by striking out "grepare biennially a report summarizing
Reports.
the activities" in the first sentence and inserting in lieu thereof
"report annually to the Congress. as part of the agency's annual
budget submission. on the activities": and
(2) by striking out the second sentence.
SEC 1" FUNCTIONS OF THE SECRETARY OF COMMERCE.
15 USC 3710.
Section 11 of the Stevenson-Wydler Technology Innovation Act of
1980 las amended by the preceding provisions of this Act) is further
amended by adding at the end thereof the following new subsection:
"(g) FUNCTIONS OF THE SECRETARY.-(1) The Secretary, in consults-
tion with other Federal agencies. may-
"(A) make available to interested agencies the expertise of the
Department of Commerce regarding the commercial potential of
inventions and methods and options for commercialization
which are available to the Federal laboratories, including re-
search and development limited partnerships;
"(B) develop and disseminate to appropriate agency and lab-
cratory personnel model provisions for use on a voluntary basis
in cooperative research and development arrangements: and
"(C) furnish advice and assistance, upon request. to Federal
agencies concerning their cooperative research and develop-
ment programs and projects.
"(2) Two years after the date of the enactment of this subsection
Reports.
and every two years thereafter, the Secretary shall submit a sum-
mary report to the President and the Congress on the use by the
agencies and the Secretary of the authorities specified in this Act.
Other Federal agencies shall cooperate in the report's preparation.
"(3) Not later than one year after the date of the enactment of the
Reports.
Federal Technology Transfer Act of 1986, the Secretary shall submit
to the President and the Congress a report regarding-
"(A) any copyright provisions or other types of barriers which
Copyrights.
tend to restrict or limit the transfer of federally funded com-
State and local
puter software to the private sector and to State and local
governments.
governments. and agencies of such State and local governments:
and
"(B) the feasibility and cost of compiling and maintaining a
current and comprehensive inventory of all federally funded
training software.".
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See. 6
SEC. 6. REWARDS FOR SCIENTIFIC. ENGINEERING. AND TECHNICAL
PERSONNEL OR FEDERAL AGENCIES.
The Stevenson-Wydler Technology Innovation Act of 1980 (as
amended by the preceding provisions of this Act) is further amended
by inserting after section 12 the following new section:
15 USC 3710b.
-SEC. 12. REWARDS FOR SCIENTIFIC. ENGINEERING. AND TECHNICAL
PERSONNEL OF FEDERAL AGENCIES.
"The head of each Federal agency that in making expenditures at
a rate of more than $50,000,000 per fiscal year for research and
development in its Government-operated laboratories shall use the
appropriate statutory authority to develop and implement a cash
awards program to reward its scientific, engineering, and technical
personnel for-
"(1) inventions, innovations, or other outstanding scientific or
technological contributions of value to the United States due to
commercial application or due to contributions to missions of
the Federal agency or the Federal government. or
"(2) exemplary activities that promote the domestic transfer
of science and technology development within the Federal
Government and result in utilization of such science and tech-
nology by American industry or business, universities, State or
local governments, or other non-Federal parties.".
SEC. 7, DISTRIBUTION OF ROYALTIES RECEIVED BY FEDERAL AGENCIES.
The Stevenson-Wydler Technology Innovation Act of 1980 (as
amended by the preceding provisions of this Act) is further amended
by inserting after section 13 the following new section: 1.
15 USC 3710c.
-SEC 14. DISTRIBUTION OF ROYALTIES RECEIVED BY FEDERAL
AGENCIES:
"(a) IN GENERAL-(1) Except as provided in paragraphs (2) and (4),
any royalties or other income received by a Federal agency from the
licensing or assignment of inventions under agreements entered
into under section 12, and inventions of Government-operated Fed-
eral laboratories licensed under section 207 of title 35, United States
Code, or under any other provision of law, shall be retained by the
agency whose laboratory produced the invention and shall be dis-
posed of as follows:
"(AXi) The head of the agency or his designee shall pay at least 15
percent of the royalties or other income the agency receives on
account of any invention to the inventor (or co-inventors) if the
inventor (or each such co-inventor) was an employee of the agency at
Effective date.
the time the invention was made. This clause shall take effect on the
Federal
date of the enactment of this section unless the agency publishes a
Register.
publication.
notice in the Federal Register within 90 days of such date indicating
its election to file 8. Notice of Proposed Rulemaking pursuant to
clause (ii).
Regulations.
"(ii) An agency may promulgate. in accordance with section 553 of
title 5, United States Code, regulations providing for an alternative
program for sharing royalties with inventors who were employed by
the agency at the time the invention was made and whose names
appear on licensed inventions. Such regulations must-
"(I) guarantee a fixed minimum payment to each such inven-
tor, each year that the agency receives royalties from that
inventor's invention:
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"(ID provide a percentage royalty share to each such inventor.
each year that the agency receives royalties from that inven-
tor's invention in excess of a threshold amount;
"(II) provide that total payments to all such inventors shall
exceed 15 percent of total agency royalties in any given fiscal
year: and
"IIV) provide appropriate incentives from royalties for those
laboratory employees who contribute substantially to the tech-
nical development of a licensed invention between the time of
the filing of the patent application and the licensing of the
invention.
"(iii) An agency that has published its intention to promulgate
Regulations.
regulations under clause (ii) may elect not to pay inventors under
clause (i) until the expiration of two years after the date of the
enactment of this Act. or until the date of the promulgation of such
regulations. whichever is earlier. If an agency makes such an elec-
tion and after two years theregulations have not been promulgated.
the agency shall make payments (in accordance with clause (i)) of at
least 15 percent of the royalties involved. retroactive to the date of
the enactment of this Act. If promulgation of the regulations occurs
within two years after the date of the enactment of this Act.
payments shall be made in accordance with such regulations. retro-
active to the date of the enactment of this Act. The agency shall
retain its royalties until the inventor's portion is paid under either
clause (1) or (ii). Such royalties shall not be transferred to the
agency's Government-operated laboratories under subparagraph (B)
and shall not revert to the Treasury pursuant to paragraph (2) as a
result of any delay caused by rulemaking under this subparagraph.
"(B) The balance of the royalties or other income shall: be trans-
ferred by the agency to its Government-operated laboratories. with
the majority share of the royalties or other income from any inven-
tion going to the laboratory where the invention occurred; and the
funds 50 transferred to any such laboratory may be used or obligated
by that laboratory during the fiscal year in which they are received
or during the succeeding fiscal year-
"ii) for payment of expenses incidental to the administration
and licensing of inventions by that laboratory or by the agency
with respect to inventions which occurred at that laboratory,
including the fees or other costs for the services of other agen-
cies, persons. or organizations for invention management and
licensing services:
"(ii) to reward scientific. engineering. and technical employ-
ens of that laboratory;
"(iii) to further scientific exchange among the Government-
operated laboratories of the agency; or
"(iv) for education and training of employees consistent with
the research and development mission and objectives of the
agency, and for other activities that increase the licensing
potential for transfer of the technology of the Government-
operated laboratories of the agency.
Any of such funds not so used or obligated by the end of the fiscal
year succeeding the fiscal year in which they are received shall be
paid into the Treasury of the United States.
"(2) If. after payments to inventors under paragraph (1), the
royalties received by an sgency in any fiscal year exceed 5 percent of
the budget of the Government-operated laboratories of the agency
for that year. 75 percent of such excess shall be paid to the Treasury
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See. 7
of the United States and the remaining 25 percent may be used or
obligated for the purposes described in clauses (i) through (iv) of
paragraph (1XB) during that fiscal year or the succeeding fiscal year.
Any funds not so used or obligated shall be paid into the Treasury of
the United States.
Wages.
"(3) Any payment made to an employee under this section shall be
in addition 3 the regular pay of the employee and to any other
awards made to the employee, and shall not affect the entitlement
of the employee to any regular pay, annuity, or award to which he is
otherwise entitled or for which he is otherwise eligible or limit the
amount thereof. Any payment made to an inventor as such shall
continue after the inventor leaves the laboratory or agency. Pay-
ments made under this section shall not exceed $100,000 per year to
any one person. unless the President approves a larger award (with
the excess over $100,000 being treated as a Presidential award under
section 4504 of title 5, United States Code).
"14) A Federal agency receiving royalties or other income as a
result of invention management services performed for another
Federal agency or laboratory under section 207 of title 35. United
States Code, shall retain such royalties or income to the extent
required to offset the payment of royalties to inventors under clause
(1) of paragraph (IXA), costs and expenses incurred under clause (i) of
paragraph (IXB). and the cost of foreign patenting and maintenance
for such invention performed at the request of the other agency or
laboratory. All royalties and other income remaining after payment
of the royalties. costs, and expenses described in the preceding
sentence shall be transferred to the agency for which the services
were performed. for distribution in accordance with clauses (i)
through (Iv) of paragraph (INB).
"ib) CERTAIN ASSIGNMENTS.-If the invention involved. was one
assigned to the Federal agency-
"(1) by a contractor. grantee. or participant in a cooperative
agreement with the agency, or
"12) by an employee of the agency who was not working in the
laboratory at the time the inventon was made.
the agency unit that was involved in such assignment shall be
considered to be a laboratory for purposes of this section.
"(e) REPORTS.-(1) In making their annual budget submissions
Federal agencies shall submit. to the appropriate authorization and
appropriation committees of both Houses of the Congress. sum-
maries of the amount of royalties or other income received and
expenditures made (including inventor awards) under this section.
"12) The Comptroller General. Five years after the date of the
enastment of this section. shall review the effectiveness of the
various revalty-sharing programs established under this section and
report to the appropriate committees of the House of Representa-
tives and the Senate, in a timely manner, his findings. conclusions.
and recommendations for improvements in such programs.".
SEC. A. EMPLOYEE ACTIVITIES.
The Stevenson-Wydler Technology Innovation Act of 1980 las
amended by the preceding provisions of this Act is further amended
by inserting after section 4 the following new section:
Patents and
"NEC. 15. EMPLOYEE ACTIVITIES.
trademarks.
Business and
"(a) IN GENERAL-If a Federal agency which has the right of
industry.
ownership to an invention under this Act does not intend to file for
13 use 3710d.
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a patent application or otherwise to promote commercialization of
such invention, the agency shall allow the inventor, if the inventor
is a Government employee or former employee who made the inven-
tion during the course of employment with the Government. to
retain title to the invention (subject to reservation by the Govern.
ment of a nonexclusive, nontransferrable, irrevocable. paid-up
license to practice the invention or have the invention practiced
throughout the world by or on behalf of the Government In
addition. the agency may condition the inventor's right to title on
the timely filing of a patent application in cases when the Govern-
ment determines that it has or may have a need to practice the
invention.
"(b) DEPINITION.-For purposes of this section, Federal employees
include 'special Government employees' as defined in section 202 of
title 18. United States Code,
"let RELATIONSHIP TO OTHER LAWS.-Nothing in this section is
intended to limit or diminish existing authorities of any agency.".
SEC. 9. MISCELLANEOUS AND CONFORMING AMENDMENTS.
(a) REPEAL OF NATIONAL INDUSTRIAL TECHNOLOGY BOARD.-Section
10 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 2709) is repealed.
(b) CHANGES IN TERMINOLOGY OR ADMINISTRATIVE STRUCTURE-(1)
Section 3(2) of the Stevenson-Wydler Technology Innovation Act of
1980 is amended by striking out "centers for industrial technology"
15 USC 3702
and inserting in lieu thereof "cooperative research centers".
(2) Section 4 of such Act is amended-
15 USC 3.02.
(A) by striking out "Industrial Technology" in paragraph (1)
and inserting in lieu thereof "Productivity, Technology, and
Innovation";
(B) by striking out 'Director' means the Director of the
Office of Industrial Technology" in paragraph (3) and inserting
in lieu thereof Assistant Secretary' means the Assistant Sec.
retary for Productivity. Technology. and Innovation":
(C) by striking out "Centers for Industrial Technology" in
paragraph (4) and inserting in lieu thereof "Cooperative
Research Centers";
(D) by striking out paragraph (6), and redesignating para-
graphs (7) and (8) as paragraphs (6) and (7), respectively; and
(E) by striking out "owned and funded" in paragraph (6) as so
redesignated and inserting in lieu thereof "owned. leased. or
otherwise used by a Federal agency and funded".
(3) Section 5(a) of such Act is amended by striking out "Industrial
15 USC 8704.
Technology" and inserting in lieu thereof "Productivity, Tech-
nology. and Innovation".
(4) Section 5(b) of such Act is amended by striking out "DIRECTOR"
and inserting in lieu thereof "ASSISTANT SECRETARY", and by strik-
ing out "a Director of the Office" and all that follows and inserting
in lieu thereof "an Assistant Secretary for Productivity. Technology.
and Innovation.".
(5) Section 5(c) of such Act is amended-
(A) by striking out "the Director" each place it appears and
inserting in lieu thereof "the Assistant Secretary";
(B) by redesignating paragraphs (7) and (8) as paragraphs (9)
and (10), respectively; and
(C) by inserting immediately after paragraph (6) the following
new paragraphs:
100 STAT. 1795