Page:United States Statutes at Large Volume 110 Part 5.djvu/611

 PUBLIC LAW 104-303 —OCT. 12, 1996 110 STAT. 3685 " (b) PRE-AGREEMENT TEMPORARY PROTECTION OF TECH- NOLOGY. — "(1) IN GENERAL. — I f the Secretary determines that information developed as a result of research and development activities conducted by the Corps of Engineers is likely to be subject to a cooperative research and development agreement within 2 years of its development and that such information would be a trade secret or commercial or financial information that would be privileged or confidential if the information had been obtained from a non-Federal party participating in a cooperative research and development agreement under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a), the Secretary may provide appropriate protection against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5, United States Code, until the earlier of the date the Secretary enters into such an agreement with respect to such technology or the last day of the 2-year period beginning on the date of such determination. "(2) TREATMENT. — Any technology covered by this section that becomes the subject of a cooperative research and development agreement shall be accorded the protection provided under section 12(c)(7)(B) of such Act (15 U.S.C. 3710a(c)(7)(B)) as if such technology had been developed under a cooperative research and development agreement."; and (3) in subsection (d) (as so redesignated) by striking "(b)" and inserting "(c)". SEC. 215. NATIONAL DAM SAFETY PROGRAM. (a) PURPOSE.— The purpose of this section is to reduce the 33 USC 467 note, risks to life and property from dam failure in the United States through the establishment and maintenance of an effective national dam safety program to bring together the expertise and resources of the Federal and non-Federal communities in achieving national dam safety hazard reduction. It is not the intent of this section to preempt any other Federal or State authorities nor is it the intent of this section to mandate State participation in the grant assistance program to be established under this section. (b) EFFECT ON OTHER DAM SAFETY PROGRAMS. —Nothing in 33 USC 467 note, this section (including the amendments made by this section) shall preempt or otherwise affect any dam safety program of a Federal agency other than the Federal Emergency Management Agency, including any program that regulates, permits, or licenses any activity affecting a dam. (c) DAM SAFETY PROGRAM.—The Act entitled "An Act to authorize the Secretary of the Army to undertake a national program of inspection of dams", approved August 8, 1972 (33 U.S.C 467 et seq.; Public Law 92-367), is amended— (1) by striking the 1st section and inserting the following: 33 USC 467. "SECTION 1. SHORT TITLE. 33 USC 467 note. "This Act may be cited as the 'National Dam Safety Program Act'."; (2) by striking sections 5 through 14; 33 USC (3) by redesignating sections 2, 3, and 4 as sections 3, 467d-467m. 4. and 5 respectively; 33 USC^^^ (4) by inserting after section 1 (as amended by paragraph (1) of this subsection) the following:

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