§ 7261a. Protection of sensitive technical information

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987

   Pub. L. 99–661 div. C title I § 3131 · 100 Stat. 3816

   Enacted · 42 U.S.C. § 7261a

   Pub. L. 99–661, div. C, title I, § 3131, Nov. 14, 1986, 100 Stat. 4062

   Source evidence

   Code source credit
   Pub. L. 99–661, div. C, title I, § 3131, Nov. 14, 1986, 100 Stat. 4062

   Enacted provision · exact public law section
   SEC. 3131. PROTECTION OF SENSITIVE TECHNICAL INFORMATION (a) Contracts. Property Rights in Inventions and Discoveries.— Whenever any contractor makes an invention or discovery to which the title vests in the Department of Energy pursuant to exercise of section 202(a) (ii) or (iv) of title 35, United States Code, or pursuant to section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) or section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908) in the course of or under any Government contract or subcontract of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy and the contractor requests waiver of any or all of the Government’s property rights, the Secretary of Energy may decide to waive the Government’s rights and assign the rights in such invention or discovery. Such decision shall be made within a reasonable time (which shall usually be six months from the date of the request by the contractor for assignment of such rights). (b) Matters To Be Considered.— In making a decision under this Defense and national security. section, the Secretary shall consider, in addition to the applicable policies of section 152 of the Atomic Enerey Act of 1954 (42 U.S.C. 2182) or subsections (c) and (d) of section 9 of the Federal Non-nuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908)— (1) whether national security will be compromised; (2) whether sensitive technical information (whether classified or unclassified) under the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy for which dissemination is controlled under Federal statutes and regulations will be released to unauthorized persons; (3) whether an organizational conflict of interest contemplated by Federal statutes and regulations will result; and (4) whether failure to assert such a claim will adversely affect the operation of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy.

2. 1987

   Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1988

   Pub. L. 100–180 div. C title I § 3135(a) · 101 Stat. 1019

   1. Amended · 42 U.S.C. § 7261a(a)

      Pub. L. 100–180 designated existing provisions as par. (1)

   2. Struck · 42 U.S.C. § 7261a(a)

      Pub. L. 100–180 struck out at end “Such decision shall be made within a reasonable time (which shall usually be six months from the date of the request by the contractor for assignment of such rights).”

   3. Added · 42 U.S.C. § 7261a(a)

      Pub. L. 100–180 added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–180 designated existing provisions as par. (1), struck out at end “Such decision shall be made within a reasonable time (which shall usually be six months from the date of the request by the contractor for assignment of such rights).”, and added pars. (2) and (3).

   Enacted provision · exact public law section
   (a) Deadline for Waiver Decision.— Section 3131(a) of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 (title I of division C of Public Law 99–661; 100 Stat. 4061) is amended— 42 USC 7261a. (1) by inserting “(1)” before “Whenever any contractor”; (2) by striking out the last sentence; and (3) by adding at the end the following new paragraphs: “(2) Such decision shall be made within 150 days after the date on Contracts. which a complete request for waiver of such rights has been submit-ted to the Secretary by the contractor. For purposes of this paragraph, a complete request includes such information, in such detail and form, as the Secretary by regulation prescribes as necessary to allow the Secretary to take into consideration the matters described in subsection (b) in making the decision. “(3) If the Secretary fails to make the decision within such 150-day Reports. period, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate, within 10 days after the end of the 150-day period, a report on the reasons for such failure. The submission of such report shall not relieve the Secretary of the requirement to make the decision under this section. The Secretary shall, at the end of each 30-day period after submission of the first report during which the Secretary continues to fail to make the decision required by this section, submit another report on the reasons for such failure to the committees listed in this paragraph.”.

   Effective date note
   Pub. L. 100–180, div. C, title I, § 3135(b), Dec. 4, 1987, 101 Stat. 1241, provided that: “Paragraphs (2) and (3) of section 3131(a) of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 [subsec. (a)(2), (3) of this section] (as added by subsection (a)) shall apply with respect to waiver requests submitted by contractors under that section after March 1, 1988.”

4 of 4 references resolved to an enrolled provision