22 U.S.C. § 2356 — Patents and technical information

Page 834 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2355 REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293 References to part I of subchapter I of this chapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under sec- tion 2151–1 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2355. Retention and use of certain items and funds (a) Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer Any commodities and defense articles pro- cured to carry out this chapter shall be retained by, or upon reimbursement, transferred to, and for the use of, such agency of the United States Government as the President may determine in lieu of being disposed of to a foreign country or international organization, whenever in the judgment of the President the best interests of the United States will be served thereby, or whenever such retention is called for by concur- rent resolution. Any commodities or defense ar- ticles so retained may be disposed of without re- gard to provisions of law relating to the disposal of property owned by the United States Govern- ment, when necessary to prevent spoilage or wastage of such commodities or defense articles or to conserve the usefulness thereof. Funds re- alized from any disposal or transfer shall revert to the respective appropriation, fund, or account used to procure such commodities or defense ar- ticles or to the appropriation, fund, or account currently available for the same general pur- pose. (b) Commodities transferred as repayment of as- sistance Whenever commodities are transferred to the United States Government as repayment of as- sistance under this chapter, such commodities may be used in furtherance of the purposes and within the limitations of this chapter. (c) Funds realized as result of illegal trans- actions Funds realized as a result of any failure of a transaction financed under authority of sub- chapter I of this chapter to conform to the re- quirements of this chapter, or to applicable rules and regulations of the United States Gov- ernment, or to the terms of any agreement or contract entered into under authority of sub- chapter I of this chapter, shall revert to the re- spective appropriation, fund, or account used to finance such transaction or to the appropria- tion, fund, or account currently available for the same general purpose. (d) Funds realized from sale, transfer, or dis- posal of returned defense articles Funds realized by the United States Govern- ment from the sale, transfer, or disposal of de- fense articles returned to the United States Government by a recipient country or inter- national organization as no longer needed for the purpose for which furnished shall be credited to the respective appropriation, fund, or account used to procure such defense articles or to the appropriation, fund, or account currently avail- able for the same general purpose. (Pub. L. 87–195, pt. III, § 605, Sept. 4, 1961, 75 Stat. 440; Pub. L. 89–171, pt. III, § 301(a), Sept. 6, 1965, 79 Stat. 658.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. AMENDMENTS 1965—Subsecs. (c), (d). Pub. L. 89–171 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2356. Patents and technical information (a) Practice of invention or disclosure of infor- mation; suits against United States for rea- sonable compensation; jurisdiction; limita- tion of action; defenses Whenever, in connection with the furnishing of assistance under this chapter— (1) an invention or discovery covered by a patent issued by the United States Govern- ment is practiced within the United States without the authorization of the owner, or (2) information, which is (A) protected by law, and (B) held by the United States Govern- ment subject to restrictions imposed by the owner, is disclosed by the United States Gov- ernment or any of its officers, employees, or agents in violation of such restrictions, Page 835 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2357 the exclusive remedy of the owner, except as provided in subsection (b) of this section, is to sue the United States Government for reason- able and entire compensation for such practice or disclosure in the district court of the United States for the district in which such owner is a resident, or in the United States Court of Fed- eral Claims, within six years after the cause of action arises. Any period during which the United States Government is in possession of a written claim under subsection (b) of this sec- tion before mailing a notice of denial of that claim does not count in computing the six years. In any such suit, the United States Government may plead any defense that may be pleaded by a private person in such an action. The last para- graph of section 1498(a) of title 28 shall apply to inventions and information covered by this sec- tion. (b) Settlement of claims Before suit against the United States Govern- ment has been instituted, the head of the agency of the United States Government concerned may settle and pay any claim arising under the cir- cumstances described in subsection (a) of this section. No claim may be paid under this sub- section unless the amount tendered is accepted by the claimant in full satisfaction. (c) Drug products manufactured outside the United States Funds appropriated pursuant to this chapter shall not be expended by the United States Gov- ernment for the acquisition of any drug product or pharmaceutical product manufactured out- side the United States if the manufacture of such drug product or pharmaceutical product in the United States would involve the use of, or be covered by, an unexpired patent of the United States which has not previously been held in- valid by an unappealed or unappealable judg- ment or decree of a court of competent jurisdic- tion, unless such manufacture is expressly au- thorized by the owner of such patent. (Pub. L. 87–195, pt. III, § 606, Sept. 4, 1961, 75 Stat. 440; Pub. L. 97–164, title I, § 160(a)(6), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Subsec. (a). Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 2357. Furnishing of services and commodities (a) Advance-of-funds or reimbursement basis Whenever the President determines it to be consistent with and in furtherance of the pur- poses of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance- of-funds or reimbursement basis to friendly countries, international organizations, the American Red Cross, and voluntary nonprofit re- lief agencies registered with and approved by the Agency for International Development (in- cluding foreign voluntary nonprofit relief agen- cies so registered and approved when no United States voluntary nonprofit relief agency is available). Such advances or reimbursements may be credited to the currently applicable ap- propriation, account, or fund of the agency con- cerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following cir- cumstances: (1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered. (2) Advances or reimbursements received pursuant to agreements executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Pro- vided, That such agreements require the pay- ment of interest at the current rate estab- lished pursuant to section 635(b)(1)(B) of title 12, and repayment of such principal and inter- est does not exceed a period of three years from the date of signing of the agreement to provide the service: Provided further, That funds available for this paragraph in any fiscal year shall not exceed $1,000,000 of the total funds authorized for use in such fiscal year by part I of subchapter I of this chapter, and shall be available only to the extent provided in ap- propriation Acts. Interest shall accrue as of the date of disbursement to the agency or or- ganization providing such services. (b) Agency contracts with individuals to perform services When any agency of the United States Govern- ment provides services on an advance-of-funds or reimbursable basis under this section, such agency may contract with individuals for per- sonal service abroad or in the United States to perform such services or to replace officers or employees of the United States Government who are assigned by the agency to provide such serv- ices. Such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Di- rector of the Office of Personnel Management.