Collapse to view only § 2572. Patents; availability to general public; protection of background rights

§ 2571. Research, development and other studies
The Secretary of State is authorized and directed to exercise his powers in this subchapter in such manner as to ensure the acquisition of a fund of theoretical and practical knowledge concerning disarmament and nonproliferation. To this end, the Secretary of State is authorized and directed, under the direction of the President, (1) to ensure the conduct of research, development, and other studies in the fields of arms control, nonproliferation, and disarmament; (2) to make arrangements (including contracts, agreements, and grants) for the conduct of research, development, and other studies in the fields of arms control, nonproliferation, and disarmament by private or public institutions or persons; and (3) to coordinate the research, development, and other studies conducted in the fields of arms control, nonproliferation, and disarmament by or for other Government agencies. In carrying out his responsibilities under this chapter, the Secretary of State shall, to the maximum extent feasible, make full use of available facilities, Government and private. The authority of the Secretary under this chapter with respect to research, development, and other studies concerning arms control, nonproliferation, and disarmament shall be limited to participation in the following:
(a) Control, reduction and elimination of armed forces and armaments
(b) Weapon detection and identification tests
(c) Analysis of national budgets and economic indicators
(d) Space, earth’s surface and underwater regions
(e) Structure and operation of international control
(f) Training of control system personnel
(g) Danger of war from accident, miscalculation, or surprise attack
(h) Economic and political consequences of disarmament
(i) Disarmament implications of foreign and national security policies of United States
(j) National security and foreign policy implications of disarmament
(k) Methods for maintenance of peace and security during stages of disarmament
(l) War prevention factors
(m) Other related problems
(Pub. L. 87–297, title III, § 301, formerly § 31, Sept. 26, 1961, 75 Stat. 633; Pub. L. 88–186, § 5, Nov. 26, 1963, 77 Stat. 342; Pub. L. 95–108, § 3, Aug. 17, 1977, 91 Stat. 871; Pub. L. 97–339, § 4, Oct. 15, 1982, 96 Stat. 1636; Pub. L. 103–236, title VII, § 719(c), Apr. 30, 1994, 108 Stat. 501; renumbered § 301 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(6), (21), Oct. 21, 1998, 112 Stat. 2681–769, 2681–772.)
§ 2572. Patents; availability to general public; protection of background rights

All research within the United States contracted for, sponsored, cosponsored, or authorized under authority of this chapter, shall be provided for in such manner that all information as to uses, products, processes, patents, and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Secretary of State may find to be necessary in the public interest) be available to the general public. This section shall not be so construed as to deprive the owner of any background patent relating thereto of such rights as he may have thereunder.

(Pub. L. 87–297, title III, § 302, formerly § 32, Sept. 26, 1961, 75 Stat. 634; renumbered § 302 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(7), (21), Oct. 21, 1998, 112 Stat. 2681–769, 2681–772.)
§ 2573. Policy formulation
(a) Formulation
(b) Prohibition
(c) Statutory construction
(Pub. L. 87–297, title III, § 303, formerly § 33, Sept. 26, 1961, 75 Stat. 634; Pub. L. 88–186, § 3, Nov. 26, 1963, 77 Stat. 342; Pub. L. 103–236, title VII, § 709, Apr. 30, 1994, 108 Stat. 494; renumbered § 303 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(8), (21), subdiv. B, title XXVI, § 2602, Oct. 21, 1998, 112 Stat. 2681–769, 2681–772, 2681–839.)
§ 2574. Negotiation management
(a) Responsibilities
(b) Authority
The Secretary of State is authorized—
(1) to formulate plans and make preparations for the establishment, operation, and funding of inspections and control systems which may become part of the United States arms control, nonproliferation, and disarmament activities; and
(2) as authorized by law, to put into effect, direct, or otherwise assume United States responsibility for such systems.
(Pub. L. 87–297, title III, § 304, formerly § 34, Sept. 26, 1961, 75 Stat. 634; Pub. L. 103–236, title VII, § 710, Apr. 30, 1994, 108 Stat. 494; renumbered § 304 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(9), (21), Oct. 21, 1998, 112 Stat. 2681–769, 2681–772.)
§ 2575. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, § 1222, Oct. 21, 1998, 112 Stat. 2681–768
§ 2576. Arms control informationIn order to assist the Secretary of State in the performance of his duties with respect to arms control, nonproliferation, and disarmament policy and negotiations, any Government agency preparing any legislative or budgetary proposal for—
(1) any program of research, development, testing, engineering, construction, deployment, or modernization with respect to nuclear armaments, nuclear implements of war, military facilities or military vehicles designed or intended primarily for the delivery of nuclear weapons,
(2) any program of research, development, testing, engineering, construction, deployment, or modernization with respect to armaments, ammunition, implements of war, or military facilities, having—
(A) an estimated total program cost in excess of $250,000,000, or
(B) an estimated annual program cost in excess of $50,000,000, or
(3) any other program involving technology with potential military application or weapons systems which such Government agency or the Secretary of State believes may have a significant impact on arms control, nonproliferation, and disarmament policy or negotiations,
shall, on a continuing basis, provide the Secretary of State with full and timely access to detailed information with respect to the nature, scope, and purpose of such proposal.
(Pub. L. 87–297, title III, § 305, formerly § 36, as added Pub. L. 94–141, title I, § 146, Nov. 29, 1975, 89 Stat. 758; amended Pub. L. 95–338, § 1, Aug. 8, 1978, 92 Stat. 458; Pub. L. 103–236, title VII, §§ 704(1), 719(e), Apr. 30, 1994, 108 Stat. 492, 501; renumbered § 305 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(10), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681–772.)
§ 2577. Verification of compliance
(a) In general
In order to ensure that arms control, nonproliferation, and disarmament agreements can be verified, the Secretary of State shall report to Congress, on a timely basis, or upon request by an appropriate committee of the Congress—
(1) in the case of any arms control, nonproliferation, or disarmament agreement that has been concluded by the United States, the determination of the Secretary of State as to the degree to which the components of such agreement can be verified;
(2) in the case of any arms control, nonproliferation, or disarmament agreement that has entered into force, any significant degradation or alteration in the capacity of the United States to verify compliance of the components of such agreement;
(3) the amount and percentage of research funds expended by the Department of State for the purpose of analyzing issues relating to arms control, nonproliferation, and disarmament verification; and
(4) the number of professional personnel assigned to arms control verification on a full-time basis by each Government agency.
(b) Assessments upon request
(c) Standard for verification of compliance
(d) Rule of construction
(Pub. L. 87–297, title III, § 306, formerly § 37, as added Pub. L. 95–108, § 4, Aug. 17, 1977, 91 Stat. 871; amended Pub. L. 103–236, title VII, § 712, Apr. 30, 1994, 108 Stat. 495; renumbered § 306 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(11), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681–772; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1115], Nov. 29, 1999, 113 Stat. 1536, 1501A–489.)
§ 2577a. Arms control verification
(a) Establishment of working groupThe President should establish a working group—
(1) to examine verification approaches to a strategic arms reduction agreement and other arms control agreements; and
(2) to assess the relevance for such agreements of the verification provisions of the Treaty Between the United States and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles (signed at Washington, December 8, 1987).
(b) Information and data base
(1) The Agency shall allocate sufficient resources to develop and maintain a comprehensive information and data base on verification concepts, research, technologies, and systems. The Agency shall collect, maintain, analyze, and disseminate information pertaining to arms control verification and monitoring, including information regarding—
(A) all current United States bilateral and multilateral arms treaties; and
(B) proposed, prospective, and potential bilateral or multilateral arms treaties in the areas of nuclear, conventional, chemical, and space weapons.
(2) The Agency shall seek to improve United States verification and monitoring activities through the monitoring and support of relevant research and analysis.
(3) The Agency shall provide detailed information on the activities pursuant to this section in its annual report to the Congress.
(Pub. L. 101–216, title I, § 105, Dec. 11, 1989, 103 Stat. 1854.)
§ 2578. Negotiating records
(a) Preparation of records
(b) Negotiating and implementation records
(Pub. L. 87–297, title III, § 307, formerly § 38, as added Pub. L. 103–236, title VII, § 713(a), Apr. 30, 1994, 108 Stat. 496; renumbered § 307 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(12), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681–772.)
§ 2579. Omitted