§ 2314a. — Technical assistance program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2314a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2314a. Technical assistance program
(a) In general
The Secretary is authorized to provide technical assistance, on a
nonexclusive basis, to any United States firm which is competing for, or
has been awarded, a contract for the planning, design, or construction
of a project outside the United States, if the United States firm
provides, in advance of fiscal obligation by the United States, funds to
cover all costs of such assistance. In determining whether to provide
such assistance, the Secretary shall consider the effects on the
Department of the Army civil works mission, personnel, and facilities.
Prior to the Secretary providing such assistance, a United States firm
must--
(1) certify to the Secretary that such assistance is not
otherwise reasonably and expeditiously available; and
(2) agree to hold and save the United States free from damages
due to the planning, design, construction, operation, or maintenance
of the project.
(b) Federal employees' inventions
As to an invention made or conceived by a Federal employee while
providing assistance pursuant to this section, if the Secretary decides
not to retain all rights in such invention, the Secretary may--
(1) grant or agree to grant in advance, to a United States firm,
a patent license or assignment, or an option thereto, retaining a
nonexclusive, nontransferable, irrevocable, paid-up license to
practice the invention or have the invention practiced throughout
the world by or on behalf of the United States and such other rights
as the Secretary deems appropriate; or
(2) waive, subject to reservation by the United States of a
nonexclusive, irrevocable, paid-up license to practice the invention
or have the invention practiced throughout the world by or on behalf
of the United States, in advance, in whole, or in part, any right
which the United States may have to such invention.
(c) Protection of confidential information
Information of a confidential nature, such as proprietary or
classified information, provided to a United States firm pursuant to
this section shall be protected. Such information may be released by a
United States firm only after written approval by the Secretary.
(d) Definitions
For purposes of this section--
(1) United States firm
The term ``United States firm'' means a corporation,
partnership, limited partnership, or sole proprietorship that is
incorporated or established under the laws of any of the United
States with its principal place of business in the United States.
(2) United States
The term ``United States'', when used in a geographical sense,
means the several States of the United States and the District of
Columbia.
(Pub. L. 100-676, Sec. 9, Nov. 17, 1988, 102 Stat. 4024; Pub. L. 101-
640, title III, Sec. 318(c), Nov. 28, 1990, 104 Stat. 4642.)
Codification
Section was formerly set out as a note under section 2314 of this
title.
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
1990--Pub. L. 101-640, Sec. 318(c)(1), struck out ``demonstration''
after ``Technical assistance'' in section catchline.
Subsec. (a). Pub. L. 101-640, Sec. 318(c)(2), struck out ``to
undertake a demonstration program for a 2-year period, which shall begin
within 6 months after the date of enactment of this Act,'' after ``The
Secretary is authorized''.
Subsecs. (d), (e). Pub. L. 101-640, Sec. 318(c)(3), (4),
redesignated subsec. (e) as (d) and struck out former subsec. (d) which
read as follows: ``Within 6 months after the end of the demonstration
program authorized by this section, the Secretary shall submit to
Congress a report on the results of such demonstration program.''
``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.
