42 U.S.C. § 13293 — Protection of proprietary information
submitted 34 years ago by Pub. L. 102-486 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 230 words · no verdicts yet
Research results from these battery and electric-vehicle projects can be kept confidential for up to five years. This protects trade secrets that mainly benefit domestic companies funding the work. Congress can still see the information even when it's protected from the public.
(a) In general: This applies to research and development activities — including joint ventures — carried out under this subchapter, and to other existing or future battery-technology-for-electric-vehicles activities under other laws, when the knowledge produced benefits the participants (especially domestic companies) that put up money for a project* under this subchapter. For up to 5 years after such information is developed, the Secretary* must protect it from public disclosure — despite any other law — if the information (1) comes from research and development done under this subchapter, and (2) would count as a trade secret or as privileged or confidential commercial or financial information had it come from a participant. Section 1905 of title 18 (the law protecting trade secrets) applies to this information too. However, this protection does not stop the information from being shared with Congress.
(b) "Domestic companies" defined: For subsection (a), "domestic companies" means companies substantially involved in producing motor vehicles in the United States for sale in the United States, with a substantial share of their production facilities located in the United States.
In the case of activities, including joint venture activities, under this subchapter, and in the case of any existing or future activities, including joint venture activities, related primarily to battery technology for electric motor vehicles under other provisions of law, where the knowledge resulting from research and development activities conducted pursuant to such activities, including joint venture activities, is for the benefit of the participants (particularly domestic companies) that provide financial resources to a project* under this subchapter, the Secretary*, for a period of up to 5 years after the development of information that—
results from research and development activities conducted under this subchapter; and
would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from a participant,
shall, notwithstanding any other provision of law, provide appropriate protections against the dissemination of such information to the public, and the provisions of section 1905 of title 18 shall apply to such information. Nothing in this subsection provides protections against the dissemination of such information to Congress.
For purposes of subsection (a), the term “domestic companies” means entities which are substantially involved in the United States in the domestic production of motor vehicles for sale in the United States and have a substantial percentage of their production facilities in the United States.
Source credit: (Pub. L. 102–486, title VI, § 623, Oct. 24, 1992, 106 Stat. 2904.)
- 1992Enacted · Pub. L. 102-486 · 106 Stat. 2904
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-486 on 1992-10-24.
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