§ 2313. — Collaborative research and development.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2313]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2313. Collaborative research and development
(a) In general
For the purpose of improving the state of engineering and
construction in the United States and consistent with the civil works
mission of the Army Corps of Engineers, the Secretary is authorized to
utilize Army Corps of Engineers laboratories and research centers to
undertake, on a cost-shared basis, collaborative research and
development with non-Federal entities, including State and local
government, colleges and universities, and corporations, partnerships,
sole proprietorships, and trade associations which are incorporated or
established under the laws of any of the several States of the United
States or the District of Columbia.
(b) Pre-agreement temporary protection of technology
(1) In general
If the Secretary determines that information developed as a
result of research and development activities conducted by the Corps
of Engineers is likely to be subject to a cooperative research and
development agreement within 2 years of its development and that
such information would be a trade secret or commercial or financial
information that would be privileged or confidential if the
information had been obtained from a non-Federal party participating
in a cooperative research and development agreement under section 12
of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a), the Secretary may provide appropriate protection against the
dissemination of such information, including exemption from
subchapter II of chapter 5 of title 5, until the earlier of the date
the Secretary enters into such an agreement with respect to such
technology or the last day of the 2-year period beginning on the
date of such determination.
(2) Treatment
Any technology covered by this section that becomes the subject
of a cooperative research and development agreement shall be
accorded the protection provided under section 12(c)(7)(B) of such
Act (15 U.S.C. 3710a(c)(7)(B)) as if such technology had been
developed under a cooperative research and development agreement.
(c) Administrative provisions
In carrying out this section, the Secretary may consider the
recommendations of a non-Federal entity in identifying appropriate
research or development projects and may enter into a cooperative
research and development agreement, as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a);
except that in such agreement, the Secretary may agree to provide not
more than 50 percent of the cost of any research or development project
selected by the Secretary under this section. Not less than 5 percent of
the non-Federal entity's share of the cost of any such project shall be
paid in cash.
(d) Applicability of other laws
The research, development, or utilization of any technology pursuant
to an agreement under subsection (c) of this section, including the
terms under which such technology may be licensed and the resulting
royalties may be distributed, shall be subject to the provisions of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701-
3714).
(e) Authorization of appropriations
To carry out the purposes of this section, there is authorized to be
appropriated to the Secretary of the Army civil works funds $3,000,000
for fiscal year 1989, $4,000,000 for fiscal year 1990, $5,000,000 for
fiscal year 1991, and $6,000,000 for each fiscal year thereafter.
(f) Funding from other Federal sources
The Secretary may accept and expend additional funds from other
Federal programs, including other Department of Defense programs, to
carry out this section.
(Pub. L. 100-676, Sec. 7, Nov. 17, 1988, 102 Stat. 4022; Pub. L. 104-
303, title II, Sec. 214, Oct. 12, 1996, 110 Stat. 3684.)
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to
in subsec. (d), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311, as
amended, which is classified generally to chapter 63 (Sec. 3701 et seq.)
of Title 15, Commerce and Trade. For complete classification of this Act
to the Code, see Short Title note set out under section 3701 of Title 15
and Tables.
Codification
Section was enacted as part of the Water Resources Development Act
of 1988, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
Amendments
1996--Subsec. (a). Pub. L. 104-303, Sec. 214(a)(1), inserted ``civil
works'' before ``mission''.
Subsecs. (b), (c). Pub. L. 104-303, Sec. 214(b)(1), (2), added
subsec. (b) and redesignated former subsec. (b) as (c). Former subsec.
(c) redesignated (d).
Subsec. (d). Pub. L. 104-303, Sec. 214(b)(1), (3), redesignated
subsec. (c) as (d) and substituted ``subsection (c)'' for ``subsection
(b)''. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 104-303, Sec. 214(b)(1), redesignated subsec.
(d) as (e). Former subsec. (e) redesignated (f).
Pub. L. 104-303, Sec. 214(a)(2), added subsec. (e) and struck out
heading and text of former subsec. (e). Text read as follows:
``Notwithstanding the third proviso under the heading `General
Investigations' of title I of the Energy and Water Development
Appropriations Act, 1989 (102 Stat. 857), an additional $3,000,000 of
the funds appropriated under such heading shall be available to the
Secretary for obligation to carry out the purposes of this section in
fiscal year 1989.''
Subsec. (f). Pub. L. 104-303, Sec. 214(b)(1), redesignated subsec.
(e) as (f).
Magnetic Levitation Technology
Pub. L. 101-640, title IV, Sec. 417, Nov. 28, 1990, 104 Stat. 4652,
provided that:
``(a) Research and Development.--The Secretary is authorized, in
cooperation with the Secretary of Transportation, to conduct research
and development activities on magnetic levitation technology or to
provide for such research and development.
``(b) Collaboration.--The Secretary is authorized to collaborate
with non-Federal entities (including State and local governments,
colleges and universities, and corporations, partnerships, sole
proprietorships, and trade associations which are incorporated or
established under laws of a State or the District of Columbia) in
carrying out research and development on magnetic levitation technology.
``(c) Cooperative Research Contracts.--In carrying out this section,
the Secretary may enter into contracts or cooperative research and
development agreements under section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a), except that the
Secretary may fund up to 50 percent of the cost of each collaborative
research and development project undertaken.
``(d) Licensing of Research and Development.--The research,
development, and use of any technology developed under an agreement
entered into pursuant to this section, including the terms under which
such technology may be licensed and the resulting royalties may be
distributed, shall be subject to the provisions of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701-3714). In addition,
the Secretary may require the non-Federal entity to certify that such
research and development will be performed substantially in the United
States and that products embodying inventions made under an agreement
entered into pursuant to this section or produced through the use of
such inventions will be manufactured substantially in the United States.
``(e) Authorization of Appropriations.--For purposes of carrying out
this section, there is authorized to be appropriated $1,000,000 for
fiscal year 1990 and $4,000,000 for fiscal year 1991. Such funds shall
remain available until expended. No funds are authorized to be
appropriated under this section for any fiscal year beginning after
September 30, 1991.''
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
100-676, set out as a note under section 2201 of this title.
