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42 U.S.C. § 18631 — Crosscutting research and development

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

42 U.S.C. § 18631 — Crosscutting research and development

Page 9168 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18631 ordination with directors of the National Lab- oratories, shall submit to the appropriate committees of Congress a report that— (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program ac- tivities to interfere with the responsibilities of the National Laboratories to the Depart- ment; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency The Secretary, in coordination with direc- tors of the National Laboratories, shall sub- mit to the appropriate committees of Congress an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. (Pub. L. 115–246, title I, § 107, Sept. 28, 2018, 132 Stat. 3132.) SUBCHAPTER II—DEPARTMENT OF ENERGY RESEARCH COORDINATION § 18631. Crosscutting research and development (a) In general The Secretary shall use the capabilities of the Department to identify strategic opportunities for collaborative research, development, dem- onstration, and commercial application of inno- vative science and technologies. (b) Existing programs; coordination of activities To the maximum extent practicable, the Sec- retary shall seek— (1) to leverage existing programs of the De- partment; and (2) to consolidate and coordinate activities throughout the Department to promote col- laboration and crosscutting approaches within programs of the Department. (c) Additional actions The Secretary shall— (1) prioritize activities that use all afford-

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Source file: Laws/federal/codes/united-states-code-2024/title-42/section-18631-crosscutting-research-and-development--e7eb71a6e1.md
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Source location: USCODE-2024-title42-chap161-subchapII-sec18631.pdf

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Page 9168 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18631 ordination with directors of the National Lab- oratories, shall submit to the appropriate committees of Congress a report that— (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program ac- tivities to interfere with the responsibilities of the National Laboratories to the Depart- ment; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency The Secretary, in coordination with direc- tors of the National Laboratories, shall sub- mit to the appropriate committees of Congress an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. (Pub. L. 115–246, title I, § 107, Sept. 28, 2018, 132 Stat. 3132.) SUBCHAPTER II—DEPARTMENT OF ENERGY RESEARCH COORDINATION § 18631. Crosscutting research and development (a) In general The Secretary shall use the capabilities of the Department to identify strategic opportunities for collaborative research, development, dem- onstration, and commercial application of inno- vative science and technologies. (b) Existing programs; coordination of activities To the maximum extent practicable, the Sec- retary shall seek— (1) to leverage existing programs of the De- partment; and (2) to consolidate and coordinate activities throughout the Department to promote col- laboration and crosscutting approaches within programs of the Department. (c) Additional actions The Secretary shall— (1) prioritize activities that use all afford- able domestic resources; (2) develop a planning, evaluation, and tech- nical assessment framework for setting objec- tive long-term strategic goals and evaluating progress that— (A) ensures integrity and independence; and (B) provides the flexibility to adapt to market dynamics; (3) ensure that activities shall be under- taken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and (4) identify programs that may be more ef- fectively left to the States, industry, non- governmental organizations, institutions of higher education, or other stakeholders. (Pub. L. 115–246, title II, § 203, Sept. 28, 2018, 132 Stat. 3135.) § 18632. Energy Innovation Hubs (a) Definitions In this section: (1) Advanced energy technology The term ‘‘advanced energy technology’’ means— (A) an innovative technology— (i) that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy re- sources; (ii) that produces nuclear energy; (iii) for carbon capture and sequestra- tion; (iv) that enables advanced vehicles, vehi- cle components, and related technologies that result in significant energy savings; (v) that generates, transmits, distrib- utes, uses, or stores energy more effi- ciently than conventional technologies, in- cluding through Smart Grid technologies; or (vi) that enhances the energy independ- ence and security of the United States by enabling improved or expanded supply and production of domestic energy resources, including coal, oil, and natural gas; (B) a research, development, demonstra- tion, or commercial application activity necessary to ensure the long-term, secure, and sustainable supply of an energy-critical element; or (C) any other innovative energy tech- nology area identified by the Secretary. (2) Hub (A) In general The term ‘‘Hub’’ means an Energy Innova- tion Hub established under this section. (B) Inclusion The term ‘‘Hub’’ includes any Energy In- novation Hub in existence on September 28, 2018. (3) Qualifying entity The term ‘‘qualifying entity’’ means— (A) an institution of higher education; (B) an appropriate State or Federal entity, including a federally funded research and de- velopment center of the Department; (C) a nongovernmental organization with expertise in advanced energy technology re- search, development, demonstration, or commercial application; or (D) any other relevant entity the Sec- retary determines appropriate. (b) Authorization of program (1) In general The Secretary shall carry out a program to enhance the economic, environmental, and en- ergy security of the United States by making awards to consortia for establishing and oper- ating hubs, to be known as ‘‘Energy Innova- tion Hubs’’, to conduct and support, at, if practicable, one centralized location, multi- disciplinary, collaborative research, develop- ment, demonstration, and commercial applica- tion of advanced energy technologies. (2) Technology development focus The Secretary shall designate for each Hub a unique advanced energy technology or basic research focus.

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

42 U.S.C. § 18631 — Agreements for commercializing technology pilot program

**(a) In general** The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. **(b) Terms** Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. **(c) Eligibility** (1) **In general** — Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) **Agreements with non-Federal entities** — To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award. (3) **Restriction** — The requirements of chapter 18 of title 35 (commonly known as the “Bayh-Dole Act”) shall apply if— (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least one of the parties to the funding agreement is eligible to receive rights under that chapter. **(d) Submission to Secretary** Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section— (1) a summary of information

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