33 U.S.C. § 2313 : US Code - Section 2313: Collaborative research and development

Search 33 U.S.C. § 2313 : US Code - Section 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.