33 U.S.C. § 2314a : US Code - Section 2314A: Technical assistance program
Search 33 U.S.C. § 2314a : US Code - Section 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.