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15 U.S.C. § 5207 — Department of Defense

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 5207 — Department of Defense

Page 2186 TITLE 15—COMMERCE AND TRADE § 5203 Superconductivity Action Plan and any rec- ommendations required by this chapter with the National Critical Materials Council and the Na- tional Commission on Superconductivity. (b) Content and scope The Superconductivity Action Plan shall in- clude— (1) goals and priorities for advanced super- conductivity research and development to be carried out by individual departments and agencies and organizational elements therein; (2) the assignment of responsibility for the conduct of advanced superconductivity re- search and development among the depart- ments, agencies, and organization elements therein; (3) recommendation of proposed funding lev- els for activities relating to superconductivity of the 5 years following November 19, 1988, for each of the participating departments, agen- cies, and organizational elements therein; and (4) proposals for the participation by indus- try and academia in the planning and imple- mentation of the Superconductivity Action Plan. (c) Action Plan report The Office of Science and Technology Policy, in conjunction with the National Critical Mate- rials Council, shall submit a report detailing the Superconductivity Action Plan to the Com- mittee on Science, Space, and Technology of the House of Representatives, and to the Commit- tees on Energy and Natural Resources, and Com- merce, Science, and Transportation of the Sen- ate, within 9 months after November 19, 1988. (d) Update reports The Office of Science and Technology Policy shall prepare an annual report setting forth and evaluating the progress of the Superconduc- tivity Action Plan. This report shall include a description of the amount of funds expended in the previous year by all Federal departments and agencies

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Page 2186 TITLE 15—COMMERCE AND TRADE § 5203 Superconductivity Action Plan and any rec- ommendations required by this chapter with the National Critical Materials Council and the Na- tional Commission on Superconductivity. (b) Content and scope The Superconductivity Action Plan shall in- clude— (1) goals and priorities for advanced super- conductivity research and development to be carried out by individual departments and agencies and organizational elements therein; (2) the assignment of responsibility for the conduct of advanced superconductivity re- search and development among the depart- ments, agencies, and organization elements therein; (3) recommendation of proposed funding lev- els for activities relating to superconductivity of the 5 years following November 19, 1988, for each of the participating departments, agen- cies, and organizational elements therein; and (4) proposals for the participation by indus- try and academia in the planning and imple- mentation of the Superconductivity Action Plan. (c) Action Plan report The Office of Science and Technology Policy, in conjunction with the National Critical Mate- rials Council, shall submit a report detailing the Superconductivity Action Plan to the Com- mittee on Science, Space, and Technology of the House of Representatives, and to the Commit- tees on Energy and Natural Resources, and Com- merce, Science, and Transportation of the Sen- ate, within 9 months after November 19, 1988. (d) Update reports The Office of Science and Technology Policy shall prepare an annual report setting forth and evaluating the progress of the Superconduc- tivity Action Plan. This report shall include a description of the amount of funds expended in the previous year by all Federal departments and agencies involved with superconductivity. This report shall be submitted with the Presi- dent’s annual budget request to the Committee on Science, Space, and Technology of the House of Representatives, and to the Committees on Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate. (Pub. L. 100–697, § 3, Nov. 19, 1988, 102 Stat. 4614; Pub. L. 116–260, div. Z, title VII, § 7002(n)(2), Dec. 27, 2020, 134 Stat. 2576.) Editorial Notes AMENDMENTS 2020—Subsec. (d). Pub. L. 116–260 struck out ‘‘, with the assistance of the National Critical Materials Coun- cil as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),’’ after ‘‘Policy’’. § 5203. Department of Energy The Secretary of Energy shall conduct a pro- gram in superconductivity research and develop- ment. Within 180 days after November 19, 1988, and for the two succeeding years thereafter, the Secretary shall submit annual reports on the implementation of technology transfer activi- ties under the Stevenson-Wydler Technology In- novation Act of 1980 [15 U.S.C. 3701 et seq.] and related legislation with respect to superconduc- tivity research and development to the Com- mittee on Science, Space, and Technology of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate. Such report shall include recommendations for improvements in the technology transfer be- tween government and industry, and in the man- agement of property developed or made at the National Laboratories. (Pub. L. 100–697, § 4, Nov. 19, 1988, 102 Stat. 4615.) Editorial Notes REFERENCES IN TEXT The Stevenson-Wydler Technology Innovation Act of 1980, referred to in text, is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables. § 5204. National Institute of Standards and Tech- nology In pursuance of the goals of this chapter, the National Institute of Standards and Technology shall promote fundamental research and mate- rials standards to accelerate the use and appli- cation of the new superconducting materials, and shall utilize the Superconductivity Center Focusing on Electronic Applications at the Na- tional Institute of Standards and Technology in Boulder, Colorado. (Pub. L. 100–697, § 5, Nov. 19, 1988, 102 Stat. 4615.) § 5205. National Science Foundation The National Science Foundation shall pro- mote fundamental research in pursuance of the goals of this chapter. (Pub. L. 100–697, § 6, Nov. 19, 1988, 102 Stat. 4615.) § 5206. National Aeronautics and Space Adminis- tration The National Aeronautics and Space Adminis- tration shall utilize existing programs in tech- nology transfer, aeronautics and space tech- nology, and space commercialization to promote the commercial applications of high-tempera- ture superconductors, including applications re- lating to thin film technology, communications technology, sensors, space power, and propul- sion. (Pub. L. 100–697, § 7, Nov. 19, 1988, 102 Stat. 4615.) § 5207. Department of Defense (a) Focus of research In conformance with the Superconductivity Action Plan, the Secretary of Defense, in the superconductivity research and development ac- tivities of the Department of Defense, shall give emphasis to fundamental research, materials processing, and applications of new super- conducting materials. (b) Additional activities In conducting research under subsection (a), the Secretary of Defense shall— (1) systematically define the engineering pa- rameters for high-temperature super- conducting materials; and Page 2187 TITLE 15—COMMERCE AND TRADE § 5302 (2) conduct the necessary development, engi- neering, and operational prototype testing considered appropriate to the overall mission of the Department of Defense. Such oper- ational prototype testing shall, where appro- priate, utilize criteria developed by the De- fense Advanced Research Projects Agency. (c) Defense Advanced Research Projects Agency The Director of the Defense Advanced Re- search Projects Agency shall, in conformance with the Superconductivity Action Plan, con- duct activities to— (1) augment, as appropriate, basic and ap- plied superconductivity research conducted in other Federal agencies and industry; and (2) develop criteria for operational prototype testing within the Department of Defense. (Pub. L. 100–697, § 8, Nov. 19, 1988, 102 Stat. 4615.) § 5208. International cooperation The President, as part of the Superconduc- tivity Action Plan, shall establish a program of international cooperation in the conduct of fun- damental and basic research on superconducting materials. Such program of international co- operation shall include the exchange of basic in- formation and data, as well as the development of international standards for the use and appli- cation of superconducting materials. (Pub. L. 100–697, § 9, Nov. 19, 1988, 102 Stat. 4616.) § 5209. Technology transfer (a) Promotion In pursuance of the goals of this chapter, all Federal departments and agencies shall conduct technology transfer activities as appropriate to the overall mission of each department or agen- cy to— (1) complement basic superconductivity re- search by promoting the rapid development of manufacturing and processing technologies necessary for the commercialization of high- temperature superconductors; and (2) promote collaborative arrangements and consortia of industry (which shall include small business) in order to lower the barriers to deployment of advanced high-temperature superconductor technology; such consortia to also include, as appropriate, universities and independent research organizations. (b) Impediments to commercialization The Director of the Office of Science and Tech- nology Policy, in collaboration with the Sec- retary of Commerce and the Secretary of En- ergy, shall identify those Federal policies and regulations which impede the ability of the pri- vate sector to undertake long-term investment programs to commercialize superconductivity applications. (Pub. L. 100–697, § 10, Nov. 19, 1988, 102 Stat. 4616.) CHAPTER 79—METAL CASTING COMPETITIVENESS RESEARCH PROGRAM Sec. 5301. Findings. 5302. Definitions. 5303. Establishment of program. Sec. 5304. Operation of program. 5305. Review. 5306. Industrial Advisory Board. 5307. Authorization of appropriations. 5308. Protection of proprietary rights. 5309. Omitted. § 5301. Findings The Congress finds that— (1) metal casting is an important process for manufacturing many items imported into or exported from the United States; (2) the encouragement and maintenance of a technically advanced United States metal casting industry is essential to the competi- tiveness of many American industries; (3) maintaining a viable metal casting indus- try is vital to the national security and eco- nomic well being of the United States; (4) the promotion of technology competitive- ness and energy efficiency in the United States metal casting industry by the Federal Government is necessary to maintain a viable metal casting industry; (5) many metal casting companies lack the resources to conduct metal casting research alone, placing them at a serious competitive disadvantage; (6) the support of university-based research in metal casting is important in promoting technology development and providing indus- try with qualified engineers; and (7) by combining the resources of the Fed- eral Government, universities, industry, and private organizations, to conduct research and development activities, substantial techno- logical benefits will result to the metal cast- ing industry. (Pub. L. 101–425, § 2, Oct. 15, 1990, 104 Stat. 915.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–425, § 1, Oct. 15, 1990, 104 Stat. 915, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Department of Energy Metal Casting Competitive- ness Research Act of 1990’.’’ § 5302. Definitions As used in this chapter, the term— (1) ‘‘applicant’’ means: (A) an educational institution; (B) a consortium of educational institu- tions; (C) a consortium of an educational institu- tion or educational institutions with one or more of the following: Government-owned laboratories, private research organizations, nonprofit institutions, or private firms; that is located in a region where the metal casting industry is concentrated; (2) ‘‘census region’’ means one of the four census regions (Northeast, South, Midwest, and West) that are designated as census re- gions by the Bureau of the Census as of Octo- ber 15, 1990; (3) ‘‘Department’’ means the Department of Energy; (4) ‘‘educational institution’’ means a degree granting institution of at least a bacca- laureate level;

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3701 — Findings

The Congress finds and declares that: (1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States. (2) Technology and industrial innovation offer an improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets. (3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened. (4) Small businesses have performed an important role in advancing industrial and technological innovation. (5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations. (6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices. (7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy. (8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, in

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3701 — Findings

Page 2024 TITLE 15—COMMERCE AND TRADE § 3612 tributions from any person who if sued sepa- rately, would have been liable to make the same payment. (d) Amounts recoverable; defendant’s attorneys’ fees The amounts recoverable under this section may include interest paid, reasonable attorneys’ fees, independent engineer and appraisers’ fees, and court costs. A defendant may recover rea- sonable attorneys’ fees if the court determines that the cause of action filed by the plaintiff is frivolous, malicious, or lacking in substantial merit. (Pub. L. 96–399, title VI, § 612, Oct. 8, 1980, 94 Stat. 1679.) § 3612. Concurrent State and Federal jurisdic- tion; venue; removal of cases The district courts of the United States, the United States courts of any territory, and the United States District Court for the District of Columbia shall have jurisdiction under this chapter and, concurrent with State courts, of actions at law or in equity brought under this chapter without regard to the amount in con- troversy. Any such action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the dis- trict where the sale took place, and process in such cases may be served in other districts of which the defendant is an inhabitant or wher- ever the defendant may be found. No case aris- ing under this chapter and brought in any State court of competent jurisdiction shall be removed to any court of the United States, except where any officer or employee of the United States in his official capacity is a party. (Pub. L. 96–399, title VI, § 613, Oct. 8, 1980, 94 Stat. 1679.) § 3613. Limitation of actions No action shall be maintained to enforce any right or liability created by this chapter unless brought wi

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 5207 — Department of Defense

**(a) Focus of research** In conformance with the Superconductivity Action Plan, the Secretary of Defense, in the superconductivity research and development activities of the Department of Defense, shall give emphasis to fundamental research, materials processing, and applications of new superconducting materials. **(b) Additional activities** In conducting research under subsection (a), the Secretary of Defense shall— (1) systematically define the engineering parameters for high-temperature superconducting materials; and (2) conduct the necessary development, engineering, and operational prototype testing considered appropriate to the overall mission of the Department of Defense. Such operational prototype testing shall, where appropriate, utilize criteria developed by the Defense Advanced Research Projects Agency. **(c) Defense Advanced Research Projects Agency** The Director of the Defense Advanced Research Projects Agency shall, in conformance with the Superconductivity Action Plan, conduct activities to— (1) augment, as appropriate, basic and applied superconductivity research conducted in other Federal agencies and industry; and (2) develop criteria for operational prototype testing within the Department of Defense.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1801 — Untitled legal text

Page 382 TITLE 30—MINERAL LANDS AND MINING § 1759 priations Act, 2006, and not as part of the Federal Oil and Gas Royalty Management Act of 1982 which com- prises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3053. Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1255. Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 229. Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 428. Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 932. Executive Documents TRANSFER OF FUNCTIONS The Minerals Management Service was abolished and functions divided among the Office of Natural Re- sources Revenue, the Bureau of Ocean Energy Manage- ment, and the Bureau of Safety and Environmental En- forcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chap- ters II, V, and XII of title 30, Code of Federal Regula- tions, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432. § 1759. Fees and charges In fiscal year 2009 and each fiscal year there- after, fees and charges authorized by section 9701 of title 31 may be collected only to the extent provided in advance in appropriations Acts. (Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 711.) Editorial Notes CODIFICATION Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appro- priations Act, 2009, and also as part of the Omnibus Ap- propriations Act, 2009, and not as part of the Federal Oil and Gas Royalty Management Act of 1982 which comprises this chapter. Section is based on a proviso in the par. unde

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