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42 U.S.C. § 16353 — Merit review of proposals

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

42 U.S.C. § 16353 — Merit review of proposals

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Stable record: federal_law:legal_authorities:usc2024-86c61e92cfd87e0e23b65740
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-16353-merit-review-of-proposals--e36a4e1dc9.md
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Source location: USCODE-2024-title42-chap149-subchapIX-partI-sec16353.pdf

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Page 8873 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16354 (1) a cooperative research and development agreement under the Stevenson-Wydler Tech- nology Innovation Act of 1980 (15 U.S.C. 3701 et seq.); (2) a fee charged for the use of a Department facility; or (3) an award under— (A) the small business innovation research program under section 638 of title 15; or (B) the small business technology transfer program under that section. (Pub. L. 109–58, title IX, § 988, Aug. 8, 2005, 119 Stat. 910; Pub. L. 115–246, title I, § 108(a), Sept. 28, 2018, 132 Stat. 3134; Pub. L. 117–167, div. B, title VI, § 10725(a), Aug. 9, 2022, 136 Stat. 1709.) Editorial Notes REFERENCES IN TEXT The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (f)(1), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables. AMENDMENTS 2022—Subsec. (b)(4)(B). Pub. L. 117–167 substituted ‘‘August 9, 2022’’ for ‘‘September 28, 2018’’. 2018—Subsec. (b)(1). Pub. L. 115–246, § 108(a)(1), sub- stituted ‘‘Except as provided in paragraphs (2), (3), and (4)’’ for ‘‘Except as provided in paragraphs (2) and (3)’’. Subsec. (b)(4). Pub. L. 115–246, § 108(a)(2), added par. (4). § 16353. Merit review of proposals (a) Awards Awards of funds authorized under this Act or an amendment made by this Act shall be made only after an impartial review of the scientific and technical merit of the proposals for the awards has been carried out by or for the De- partment. (b) Competition Competitive awards under this Act shall in- volve competitions open to all qualified entities within one or more of the following categories: (1) Institutions of higher education. (2) National Laboratories. (3) Nonprofit and for-profit private entities. (4) State and local governments. (5) Consortia of entities described in para- graphs (1) through (4). (c) Sense of Congress It is the sense of Congress that research, de- velopment, demonstration, and commercial ap- plication activities carried out by the Depart- ment should be awarded using competitive pro- cedures, to the maximum extent practicable. (Pub. L. 109–58, title IX, § 989, Aug. 8, 2005, 119 Stat. 911.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and en- acted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables. § 16354. External technical review of depart- mental programs (a) National energy research and development advisory boards (1) Establishment The Secretary shall establish one or more advisory boards to review research, develop- ment, demonstration, and commercial applica- tion programs of the Department in energy ef- ficiency, renewable energy, nuclear energy, and fossil energy. (2) Alternatives The Secretary may— (A) designate an existing advisory board within the Department to fulfill the respon- sibilities of an advisory board under this sec- tion; and (B) enter into appropriate arrangements with the National Academy of Sciences to establish such an advisory board. (b) Use of existing committees The Secretary shall continue to use the sci- entific program advisory committees chartered under chapter 10 of title 5 by the Office of Science to oversee research and development programs under that Office. (c) Membership Each advisory board under this section shall consist of persons with appropriate expertise representing a diverse range of interests. (d) Meetings and goals (1) Meetings Each advisory board under this section shall meet at least semiannually to review and ad- vise on the progress made by the respective one or more research, development, dem- onstration, and commercial application pro- grams. (2) Goals The advisory board shall review the measur- able cost and performance-based goals for the programs as established under section 16181 of this title, and the progress on meeting the goals. (e) Periodic reviews and assessments (1) In general The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to conduct periodic reviews and as- sessments of— (A) the research, development, demonstra- tion, and commercial application programs authorized by this Act and amendments made by this Act; (B) the measurable cost and performance- based goals for the programs as established under section 16181 of this title, if any; and (C) the progress on meeting the goals. (2) Timing The reviews and assessments shall be con- ducted every 5 years or more often as the Sec- retary considers necessary.

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3701

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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

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3701

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

42 U.S.C. § 16353 — Western Hemisphere energy cooperation

**(a) Program** The Secretary shall carry out a program to promote cooperation on energy issues with countries of the Western Hemisphere. **(b) Activities** Under the program, the Secretary shall fund activities to work with countries of the Western Hemisphere to— (1) increase the production of energy supplies; (2) improve energy efficiency; and (3) assist in the development and transfer of energy supply and efficiency technologies that would have a beneficial impact on world energy markets. **(c) Participation by institutions of higher education** To the extent practicable, the Secretary shall carry out the program under this section with the participation of institutions of higher education so as to take advantage of the acceptance of institutions of higher education by countries of the Western Hemisphere as sources of unbiased technical and policy expertise when assisting the Secretary in— (1) evaluating new technologies; (2) resolving technical issues; (3) working with those countries in the development of new policies; and (4) training policymakers, particularly in the case of institutions of higher education that involve the participation of minority students, such as— (A) Hispanic-serving institutions; and (B) part B institutions. **(d) Authorization of appropriations** There are authorized to be appropriated to carry out this section— (1) $10,000,000 for fiscal year 2007; (2) $13,000,000 for fiscal year 2008; and (3) $16,000,000 for fiscal year 2009.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16353

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