Sec. 213. International Space Station national laboratory; property rights in inventions
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Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following: Notwithstanding section 3710a of title 15, chapter 18 of title 35, section 20135, or any other provision of law, a designated invention shall be the exclusive property of a user, and shall not be subject to a Government-purpose license, if— the Administration is reimbursed under the terms of the contract for the full cost of a contribution by the Federal Government of the use of Federal facilities, equipment, materials, proprietary information of the Federal Government, or services of a Federal employee during working hours, including the cost for the Administration to carry out its responsibilities under paragraphs
(1)and
(4)of section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) ); Federal funds are not transferred to the user under the contract; and the designated invention was made (as defined in section 20135(a))— solely by the user; or by the user with the services of a Federal employee under the terms of the contract; and the Administration is reimbursed for such services under subparagraph (B); or the Administrator determines that the relevant field of commercial endeavor is sufficiently immature that granting exclusive property rights to the user is necessary to help bolster demand for products and services produced on crewed or crew-tended space stations. On completion of a determination made under paragraph (2), the Administrator shall submit to the appropriate committees of Congress a notification of the determination that includes a written justification. A determination or part of such determination under paragraph
(1)shall be made available to the public on request, as required under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ). Nothing in this section may be construed to affect the rights of the Federal Government, including property rights in inventions, under any contract, except in the case of a written contract with the Administration or the ISS management entity for the performance of a designated activity. In this section— The term contract has the meaning giving the term in section 20135(a). The term designated activity means any non-NASA scientific use of the ISS national laboratory as described in section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354 ). The term designated invention means any invention, product, or service conceived or first reduced to practice by any person in the performance of a designated activity under a written contract with the Administration or the ISS management entity. The term full cost means the cost of transporting materials or passengers to and from the ISS, including any power needs, the disposal of mass, crew member time, stowage, power on the ISS, data downlink, crew consumables, and life support. The term Government-purpose license means the reservation by the Federal Government of an irrevocable, nonexclusive, nontransferable, royalty-free license for the use of an invention throughout the world by or on behalf of the United States or any foreign government pursuant to a treaty or agreement with the United States. The term ISS management entity means the organization with which the Administrator enters into a cooperative agreement under section 504(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(a) ). The term user means a person, including a nonprofit organization or small business firm (as such terms are defined in section 201 of title 35), or class of persons that enters into a written contract with the Administration or the ISS management entity for the performance of designated activities. . The table of sections for chapter 201 of title 51, United States Code, is amended by inserting after the item relating to section 20149 the following: 20150. Property rights in designated inventions. .
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Sec. 213
International Space Station national laboratory; property rights in inventions
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