{"identifier":"/us/usc/t42/s7261a","title":42,"num":"\u00a7\u202f7261a.","heading":"Protection of sensitive technical information","text":"\u00a7\u202f7261a.\nProtection of sensitive technical information\n(a)\nProperty rights in inventions and discoveries; timely determination; reports to Congressional committees\n(1) 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, or pursuant to\nsection 2182 of this title\nsection 5908 of this title\n(2) Such decision shall be made within 150 days after the date on which a complete request for waiver of such rights has been submitted 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.\n(3) If the Secretary fails to make the decision within such 150-day 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.\n(b)\nMatters to be considered\nIn making a decision under this section, the Secretary shall consider, in addition to the applicable policies of\n(1) whether national security will be compromised;\n(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;\n(3) whether an organizational conflict of interest contemplated by Federal statutes and regulations will result; and\n(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.","url":"https://projectusc.org/usc/t42/s7261a.html","content":[{"t":"sec","id":"/us/usc/t42/s7261a","children":[{"t":"num","text":"\u00a7\u202f7261a."},{"t":"heading","text":"Protection of sensitive technical information"},{"t":"subsec","id":"/us/usc/t42/s7261a/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Property rights in inventions and discoveries; timely determination; reports to Congressional committees"},{"t":"para","id":"/us/usc/t42/s7261a/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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, or pursuant to ","children":[{"t":"ref","text":"section 2182 of this title","href":"/us/usc/t42/s2182","tail":" or "},{"t":"ref","text":"section 5908 of this title","href":"/us/usc/t42/s5908","tail":" 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\u2019s property rights, the Secretary of Energy may decide to waive the Government\u2019s rights and assign the rights in such invention or discovery."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7261a/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" Such decision shall be made within 150 days after the date on which a complete request for waiver of such rights has been submitted 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7261a/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" If the Secretary fails to make the decision within such 150-day 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7261a/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Matters to be considered"},{"t":"chapeau","text":"In making a decision under this section, the Secretary shall consider, in addition to the applicable policies of ","children":[{"t":"ref","text":"section 2182 of this title","href":"/us/usc/t42/s2182","tail":" or subsections (c) and (d) of "},{"t":"ref","text":"section 5908 of this title","href":"/us/usc/t42/s5908","tail":"\u2014"}]},{"t":"para","id":"/us/usc/t42/s7261a/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" whether national security will be compromised;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7261a/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7261a/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" whether an organizational conflict of interest contemplated by Federal statutes and regulations will result; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7261a/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}