Page:United States Statutes at Large Volume 102 Part 2.djvu/498

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1502




PUBLIC LAW 100-418—AUG. 23, 1988

such public interest user to obtain such software by working with the Training Technology Transfer Officer of such agency. If an agency has not established procedures for the transfer of education and training software, the Director shall negotiate the transfer of such software upon application by such user. (2) The Director, to such extent and in such amounts as provided in advance by appropriation Acts, may enter into contracts with any qualified agency having expertise in the field of education and qualified private sector business concerns for the conversion of education and training software in order to adapt such software to the requirements of a public interest user. (d) CONSULTATION; CoMBfERCiAL UsER.—(1) The Director shall advise and consult with any prospective commercial user of an education and training software listed in the clearinghouse required under subsection (a)(l)- The Director may sell or lease such training software, including exclusive or nonexclusive rights in copyrights or patents pertaining thereto, to a commercial user for a price or fee which reflects a reasonable return to the Government. (2) The Director may waive purchase prices or lease fees for a commercial user of training software, may negotiate reduced purchase prices or lease fees for such commercial user, or may negotiate exclusive sale or lease agreements or other terms favorable to such commercial user if such commercial user agrees to enter into a cooperative agreement with a public interest user or a group of public interest users in accordance with this section. Under the preceding sentence, the Director may not waive such prices or fees, negotiate reduced prices or fees, or negotiate exclusive agreements or favorable terms for a commercial user unless such cooperative agreement— (A) provides for the conversion of the education and training software by the commercial user in order to meet the specific needs of ^e public interest user or group of public interest users; (B) provides that such conversion will be performed without chaise to the public interest user or group of users; and (C) is acceptable to the Director. (3) In negotiating terms for the sale or lease of education and training software pursuant to subsection (b), the Director shall give preferential consideration to cooperative agreements which— (A) will result in enhancing the employment potential and potential earnings of the maximum number of individuals; (B) encourage and promote multiple uses of education and training software converted pursuant to this section by users with similar education needs; and (C) provide beneficial uses of education and training software for businesses. (4) Any education and training software converted pursuant to subsection (b) shall be listed in the clearinghouse required by subsection (a)(1) and shall be available for transfer to any other public interest user. (e) STUDY REQUIRED.—(1) The Director shall study the effectiveness of transfers and conversions of education and training software pursuant to this chapter, and shall analyze national needs for methods to convert education and trainii^^ software which are in addition to the method provided in subsection (d)(2). (2) The Director sludl submit to the Congress a report that—