Browse Arkansas Code titles and sections
15 U.S.C. § 5202 — National Action Plan on Advanced Super-
Federal law — U.S. Code and appendices · legal_authorities
Page 2185
TITLE 15—COMMERCE AND TRADE
§ 5202
1 So in original. Probably should be followed by ‘‘and’’.
be available for payment in connection with any grant,
contract, or other agreement, unless the recipient of
such grant, contractor, or party to such agreement, as
the case may be, has in place and will continue to ad-
minister in good faith a written policy, adopted by the
board of directors or other government authority of
such recipient, contractor, or party, satisfactory to the
Administrator of the [National Aeronautics and Space]
Administration, designed to ensure that all of the
workplaces of such recipient, contractor, or party are
free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Sub-
stances Act) by the officers and employees of such re-
cipient, contractor, or party.
‘‘(c) The provisions of this section, and the provisions
of the Steel and Aluminum Energy Conservation and
Technology Competitiveness Act of 1988 [15 U.S.C. 5101
et seq.], the National Institute of Standards and Tech-
nology Authorization Act for Fiscal Year 1989 [Pub. L.
100–519, title I, Oct. 24, 1988, 102 Stat. 2589], the National
Science Foundation Authorization Act for Fiscal Years
1989 and 1990 [probably means Pub. L. 100–570, Oct. 31,
1988, 102 Stat. 2865], and the National Nutrition Moni-
toring and Related Research Act of 1988 [probably
means S. 1081, One Hundredth Congress, which was
pocket vetoed], relating to a drug-free workplace, shall
not be effective until January 16, 1989.’’
CHAPTER 78—SUPERCONDUCTIVITY AND
COMPETITIVENESS
Sec.
5201.
Findings and purposes.
5202.
National Action Plan on Advanced Super-
conductivity Research and Development.
5203.
Department of Energy.
5204.
National Institu
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Page 2185
TITLE 15—COMMERCE AND TRADE
§ 5202
1 So in original. Probably should be followed by ‘‘and’’.
be available for payment in connection with any grant,
contract, or other agreement, unless the recipient of
such grant, contractor, or party to such agreement, as
the case may be, has in place and will continue to ad-
minister in good faith a written policy, adopted by the
board of directors or other government authority of
such recipient, contractor, or party, satisfactory to the
Administrator of the [National Aeronautics and Space]
Administration, designed to ensure that all of the
workplaces of such recipient, contractor, or party are
free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Sub-
stances Act) by the officers and employees of such re-
cipient, contractor, or party.
‘‘(c) The provisions of this section, and the provisions
of the Steel and Aluminum Energy Conservation and
Technology Competitiveness Act of 1988 [15 U.S.C. 5101
et seq.], the National Institute of Standards and Tech-
nology Authorization Act for Fiscal Year 1989 [Pub. L.
100–519, title I, Oct. 24, 1988, 102 Stat. 2589], the National
Science Foundation Authorization Act for Fiscal Years
1989 and 1990 [probably means Pub. L. 100–570, Oct. 31,
1988, 102 Stat. 2865], and the National Nutrition Moni-
toring and Related Research Act of 1988 [probably
means S. 1081, One Hundredth Congress, which was
pocket vetoed], relating to a drug-free workplace, shall
not be effective until January 16, 1989.’’
CHAPTER 78—SUPERCONDUCTIVITY AND
COMPETITIVENESS
Sec.
5201.
Findings and purposes.
5202.
National Action Plan on Advanced Super-
conductivity Research and Development.
5203.
Department of Energy.
5204.
National Institute of Standards and Tech-
nology.
5205.
National Science Foundation.
5206.
National Aeronautics and Space Administra-
tion.
5207.
Department of Defense.
5208.
International cooperation.
5209.
Technology transfer.
§ 5201. Findings and purposes
(a) Findings
The Congress finds that—
(1) recent discoveries of high-temperature
superconducting materials could result in sig-
nificant new applications of these materials in
such areas as microelectronics, computers,
power systems, transportation, medical imag-
ing, and nuclear fusion, yet most potential ap-
plications may well lie beyond our ability to
predict them;
(2) full application of the new super-
conductors is expected to require 10 to 20
years, thus calling for long-term commit-
ments by the public and private sector to ap-
propriate research and development programs;
(3) the Nation’s economic competitiveness
and strategic well-being depend greatly on the
development and application of critical ad-
vanced technologies such as those anticipated
to evolve from the new superconducting mate-
rials;
(4) the United States manufacturing indus-
tries confront strong competition in both do-
mestic and world markets as other countries
are increasingly taking advantage of modern
technology and production techniques and in-
novative management focused on quality;
(5) whereas we have as a Nation been highly
successful in the conduct of basic research in
a variety of scientific areas, including super-
conductivity, other nations have been highly
successful in the commercial and military ap-
plication of the results of such fundamental
research;
(6) if the United States is to begin its com-
petitive advantage, it must commit sufficient
long-term resources to solving processing and
manufacturing problems in parallel with basic
research and development;
(7) Federal agencies have responded aggres-
sively to this exciting challenge by reprogram-
ming funds to basic superconductivity re-
search while informally coordinating their ef-
forts to avoid unnecessary duplication; and
further commitment of Federal funding and
efforts directed to developing manufacturing,
materials processing, and fabrication tech-
nologies is essential so that these activities
may be conducted in parallel;
(8) successful development and application of
the new superconducting materials will re-
quire close collaboration between the Federal
Government and the industrial and academic
components of the private sector, as well as
coordinating among the Federal departments
and agencies involved in research and develop-
ment on superconductors;
(9) a committed Federal program effort with
appropriate long-term goals, priorities, and
adequate resources is necessary for the rapid
development and application of the new super-
conducting materials; and
(10) a national program should serve as a
test of new agency authorities directed at
technological competitiveness such as those
provided to the Department of Energy.
(b) Purposes
The purposes of this chapter are—
(1) to establish a 5-year national action plan
to research and develop new high-temperature
superconducting materials with appropriate
goals and priorities; 1
(2) to designate the appropriate roles, mech-
anisms, and responsibilities of various Federal
departments and agencies in implementing
such a national research and development ac-
tion plan.
(Pub. L. 100–697, § 2, Nov. 19, 1988, 102 Stat. 4613.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 100–697, § 1, Nov. 19, 1988, 102 Stat. 4613, pro-
vided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘National Superconductivity and Competi-
tiveness Act of 1988’.’’
§ 5202. National Action Plan on Advanced Super-
conductivity Research and Development
(a) Establishment
(1) The Director of the Office of Science and
Technology Policy shall establish a 5-year Na-
tional Action Plan on Advanced Superconduc-
tivity Research and Development (hereinafter in
this chapter referred to as the ‘‘Superconduc-
tivity Action Plan’’).
(2) The Office of Science and Technology Pol-
icy shall coordinate the development of the
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
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
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
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
**(a) Findings** The Congress finds that—
(1) maintaining viable domestic steel, aluminum, copper, and other metals industries is vital to the national security and economic well being of the United States; and
(2) the promotion of technology competitiveness and energy conservation in the American steel and aluminum industries by the Federal Government through a program of joint research and development will help maintain viable domestic steel and aluminum industries.
**(b) Purposes** The purposes of this chapter are to—
(1) increase the energy efficiency and enhance the competitiveness of American steel, aluminum, and copper industries by providing Federal incentives for the establishment of public-private sector research and development partnerships to undertake scientific research and development to develop advanced technologies utilizing the expertise of the steel, aluminum, copper, and other metals industries, Government-owned laboratories of the Department of Energy and the National Institute of Standards and Technology, universities, State development agencies, and others; and
(2) continue steel research and development initiative efforts begun under title II of the Interior and Related Agencies portion of the joint resolution entitled “Joint Resolution making further continuing appropriations for the fiscal year 1986, and for other purposes”, approved December 19, 1985 (Public Law 99–190).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
Page 2181
TITLE 15—COMMERCE AND TRADE
§ 5101
1 So in original. Probably should be ‘‘of the’’.
§ 5001. Penalties for entering into commerce of
imitation firearms
(a) Acts prohibited
It shall be unlawful for any person to manu-
facture, enter into commerce, ship, transport, or
receive any toy, look-alike, or imitation firearm
unless such firearm contains, or has affixed to
it, a marking approved by the Consumer Prod-
uct Safety Commission, as provided in sub-
section (b).
(b) Distinctive marking or device; exception;
waiver; adjustments and changes
(1) Except as provided in paragraph (2) or (3),
each toy, look-alike, or imitation firearm shall
have as an integral part, permanently affixed, a
blaze orange plug inserted in the barrel of such
toy, look-alike, or imitation firearm. Such plug
shall be recessed no more than 6 millimeters
from the muzzle end of the barrel of such fire-
arm.
(2) The Consumer Product Safety Commission
may provide for an alternate marking or device
for any toy, look-alike, or imitation firearm not
capable of being marked as provided in para-
graph (1) and may waive the requirement of any
such marking or device for any toy, look-alike,
or imitation firearm that will only be used in
the theatrical, movie or television industry.
(3) The Consumer Product Safety Commission
is authorized to make adjustments and changes
in the marking system provided for by this sec-
tion, after consulting with interested persons.
(c) ‘‘Look-alike firearm’’ defined
For purposes of this section, the term ‘‘look-
alike firearm’’ means any imitation of any
original firearm which was manufactured, de-
signed, and produced since 1898, including and
limited
to
toy
guns,
water
guns,
replica
nonguns, and air-soft guns firing nonmetallic
proje
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) The Director of the Office of Science and Technology Policy shall establish a 5-year National Action Plan on Advanced Superconductivity Research and Development (hereinafter in this chapter referred to as the “Superconductivity Action Plan”).
(2) The Office of Science and Technology Policy shall coordinate the development of the Superconductivity Action Plan and any recommendations required by this chapter with the National Critical Materials Council and the National Commission on Superconductivity.
**(b) Content and scope** The Superconductivity Action Plan shall include—
(1) goals and priorities for advanced superconductivity 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 research and development among the departments, agencies, and organization elements therein;
(3) recommendation of proposed funding levels for activities relating to superconductivity of the 5 years following November 19, 1988, for each of the participating departments, agencies, and organizational elements therein; and
(4) proposals for the participation by industry and academia in the planning and implementation of the Superconductivity Action Plan.
**(c) Action Plan report** The Office of Science and Technology Policy, in conjunction with the National Critical Materials Council, shall submit a report detailing the Superconductivity Action Plan 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, within 9 months after November 19, 1988.
**(d) Update reports** The Office o
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 5202
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1801
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