FUNCTIONS OF THE OFFICE.

SEC. 6104. FUNCTIONS OF THE OFFICE. (a) Clearinghouse Required.— (1) The Director shall compile and maintain a current and comprehensive clearinghouse of all knowl-102 STAT. 1501edge and education and training software developed or scheduled for development by or under the supervision of Federal agencies, pie clearinghouse shall include, with respect to each item of education and training software listed in the clearinghouse— (A) a complete description of such software, including the purpose, content, intended academic level or competency level, ate of development, imbedded learning and instructional strategies, and mode of presentation of such software; (B) a description of each type of computer hardware which is compatible with such software and of any other equipment required to use such software; (C) a specification of any patent, copyright, or proprietary interest affecting the copying, conversion, or transfer of such software; and (D) information with respect to any conversion or transfer of such software pursuant to this chapter. (2) In compiling the clearinghouse required by this subsection, the Director shall— (A) consult with and utilize fully the resources of all Federal agencies engaged in the collection and dissemination of information concerning education and training software; and (B) request the participation and cooperation of entities in the legislative and judicial branches of Government. (b) Dissemination Required.— (1) The Director shall disseminate widely and on a regular basis the clearinghouse required by subsection (a) and any revisions thereof in order to enable all potential commercial users and public interest users of education and training software to receive ample notice that Federal agencies have developed such software, or nave scheduled such software for development. In carrying out the preceding sentence, the Director shall— (A) utilize all interagency and intergovernmental communication mechanisms, including the National Center for Research in Vocational Education, the National Occupational Information Committee, State educational agencies, State occupational information coordinating committees, State job training coordinating councils, private industry councils, State economic development agencies, regional educational laboratories, and the Small Business Administration; and (B) encourage the participation of independent private sector organizations, including organizations representing State and local educational agencies, educational institutions, technical and professional organizations, and trade associations. (2) The Director shall develop and distribute, in conjunction with the dissemination of the clearinghouse required under subsection (a), detailed instructions and procedures for securing copies, including such rights thereto as may be required, of education and training software listed in such clearinghouse and guidelines for cooperative agreements between commercial users and public interest users under subsection (d). (c) Consultation; Public Interest User.— (1) The Director shall advise, consult with, and may provide grants to any prospective public interest user of an education and training software listed in the clearinghouse required under subsection (a) and shall assist such user in securing the transfer of such software from the Federal agency which developed such software at a cost to the public interest user based upon the ability of such user to pay for such transfer. In providing such assistance, the Director shall encourage102 STAT. 1502such 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; Commercial 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)(1). 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 the public interest user or group of public interest users; (B) provides that such conversion will be performed without charge 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 training software which are in addition to the method provided in subsection (d)(2). (2) The Director shall submit to the Congress a report that— 102 STAT. 1503 (A) describes the study and analysis conducted as required by paragraph (1); and (B) contains recommendations of the Director concerning whether the public interest is served through the program of grants and contracts to public interest users to support conversion of education and training software. (3) The Director shall submit the report required by subparagraph (A) before the expiration of the two-year period beginning on the date of enactment of this Act.