Page:United States Statutes at Large Volume 105 Part 3.djvu/97

 PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 1981 ' (ii) The total length of guideway shall be at least 19 miles and allow significant full-speed operations between stops. (iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant. (iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed. (v) The project shall be located in an area that provides a potential ridership base for future commercial operation. (vi) The project shall utilize a technology capable of being applied in commercial service in most parts of the contiguous United States, (vii) The project shall have at least 1 switch, (viii) The project shall be intermodal in nature connecting a major metropolitan area with an airport, port, passenger rail station, or other transportation mode. (D) ADDITIONAL FACTORS FOR CONSIDERATION. —In awarding a grant or contract under this paragraph, the Secretary shall encourage the development of domestic manufacturing capabilities. In selecting among eligible applicants, the Secretary shall consider existing railroads and equipment manufacturers with excess production capacity, including railroads that have experience in advanced technologies (including self-propelled cars). (5) LICENSING.— (A) PROPRIETARY RIGHTS. —No trade secrets or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, which is obtained from a United States business, research, or education entity as a result of activities under this subsection shall be disclosed. (B) COMMERCIAL INFORMATION.—The research, development, and use of any technology developed pursuant to an agreement reached pursuant to this subsection, including the terms under which any technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701-3714). In addition, the Secretary and the Assistant Secretary may require any grant or contract recipient to assure that research and development be performed substantially in the United States and that the products embodying the inventions made under any agreement pursuant to this subsection or produced through the use of such inventions be manufactured substantially in the United States. (6) REPORTS.— The Secretary and the Assistant Secretary shall provide periodic reports to Congress on progress made under this subsection. (7) EuGiBLE APPLICANT DEFINED.—For purposes of this subsection, the term "eligible applicant" means a United States private business. United States public or private education and research organization. Federal laboratory, or a consortium of such businesses, organizations, and laboratories. Business and industry. Confidential information.

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