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42 U.S.C. § 13541 — Research, development, demonstration,

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42 U.S.C. § 13541 — Research, development, demonstration,

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Page 8599 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13541 Editorial Notes REFERENCES IN TEXT Subchapters VIII through XI of this chapter, referred to in text, was in the original ‘‘titles XX through XXIII of this Act’’, meaning titles XX through XXIII of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 3057–3092, which en- acted subchapters VIII through XI of this chapter and amended sections 5103, 5107, 5108, 5110, 5307, 5905, 12003, 12004, and 12006 of this title. This Act, referred to in par. (2)(B), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. § 13526. Uncosted obligations (a) Report Along with the submission of each of the President’s annual budget requests to Congress, the Secretary shall submit to Congress a report which— (1) identifies the amount of Department of Energy funds that were, as of the end of the previous fiscal year— (A) committed uncosted obligations; and (B) uncommitted uncosted obligations; (2) specifically describes the purposes for which all such funds are intended; and (3) explains the effect that information con- tained in the report has had on the annual budget request for the Department of Energy being simultaneously submitted. (b) Definitions Within 90 days after October 24, 1992, the Sec- retary shall submit a report to the Congress containing definitions of the terms ‘‘uncosted obligation’’, ‘‘committed uncosted obligation’’, and ‘‘uncommitted uncosted obligation’’ for pur- poses of reports to be submitted under sub- section (a). (Pub. L. 102–486, title XXIII, § 2307, Oct. 24, 1992, 106 Stat. 3096.) SUBCHAPTER XII—MISCELLANEOUS PART A—GENERAL PROVISIONS § 13541. Research, development, demonstration, and commercial application activities (a) Research, development, and demonstration (1) Except as otherwise provided in this Act, research, development, and demonstration ac- tivities under this Act may be carried out under the procedures of the Federal Nonnuclear Re- search and Development Act of 1974 (42 U.S.C. 5901–5920), the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or any other Act under which the Secretary is authorized to carry out such activities, but only to the extent the Sec- retary is authorized to carry out such activities under each such Act. An objective of any dem- onstration program under this Act shall be to determine the technical and commercial feasi- bility of energy technologies. (2) Except as otherwise provided in this Act, in carrying out research, development, and dem- onstration programs and activities under this Act, the Secretary may use, to the extent au- thorized under applicable provisions of law, con- tracts, cooperative agreements, cooperative re- search and development agreements under the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.], grants, joint ven- tures, and any other form of agreement avail- able to the Secretary. (b) Commercial application Except as otherwise provided in this Act, in carrying out commercial application programs and commercial application activities under this Act, the Secretary may use, to the extent authorized under applicable provisions of law, contracts, cooperative agreements, cooperative research and development agreements under the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.], grants, joint ven- tures, and any other form of agreement avail- able to the Secretary. An objective of any com- mercial application program under this Act shall be to accelerate the transition of tech- nologies from the research and development stage. (c) ‘‘Joint venture’’ defined For purposes of this section, the term ‘‘joint venture’’ has the meaning given the term ‘‘joint research and development venture’’ under sec- tion 4301(a)(6) and (b) of title 15, except that such term may apply under this section to re- search, development, demonstration, and com- mercial application joint ventures. (d) Protection of information Section 12(c)(7) of the Stevenson-Wydler Tech- nology Innovation Act of 1980 [15 U.S.C. 3710a(c)(7)], relating to the protection of infor- mation, shall apply to research, development, demonstration, and commercial application pro- grams and activities under this Act. (e) Guidelines and procedures The Secretary shall provide guidelines and procedures for the transition, where appro- priate, of energy technologies from research through development and demonstration under subsection (a) to commercial application under subsection (b). Nothing in this section shall pre- clude the Secretary from— (1) entering into a contract, cooperative agreement, cooperative research and develop- ment agreement under the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.], grant, joint venture, or any other form of agreement available to the Secretary under this section that relates to research, de- velopment, demonstration, and commercial application; or (2) extending a contract, cooperative agree- ment, cooperative research and development agreement under the Stevenson-Wydler Tech- nology Innovation Act of 1980, grant, joint venture, or any other form of agreement avail- able to the Secretary that relates to research, development, and demonstration to cover commercial application. (f) Application of section This section shall not apply to any contract, cooperative agreement, cooperative research and development agreement under the Steven- son-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.], grant, joint venture, or Page 8600 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13542 1 See References in Text note below. any other form of agreement available to the Secretary that is in effect as of October 24, 1992. (Pub. L. 102–486, title XXX, § 3001, Oct. 24, 1992, 106 Stat. 3126.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (b), and (d), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. The Federal Nonnuclear Research and Development Act of 1974, referred to in subsec. (a)(1), probably means the Federal Nonnuclear Energy Research and Develop- ment Act of 1974, Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to chapter 74 (§ 5901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5901 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (a)(1), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsecs. (a)(2), (b), (e)(1), (2), and (f), 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. § 13542. Cost sharing (a) Research and development Except as otherwise provided in this Act, for research and development programs carried out under this Act, the Secretary shall require a commitment from non-Federal sources of at least 20 percent of the cost of the project. The Secretary may reduce or eliminate the non-Fed- eral requirement under this subsection if the Secretary determines that the research and de- velopment is of a basic or fundamental nature. (b) Demonstration and commercial application Except as otherwise provided in this Act, the Secretary shall require at least 50 percent of the costs directly and specifically related to any demonstration or commercial application project under this Act to be provided from non- Federal sources. The Secretary may reduce the non-Federal requirement under this subsection if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project and is necessary to meet the objectives of this Act. (c) Calculation of amount In calculating the amount of the non-Federal commitment under paragraph (1) or (2), the Sec- retary shall include cash, personnel, services, equipment, and other resources. (d) Tennessee Valley Authority Funds derived by the Tennessee Valley Au- thority from its power program may be used for all or part of any cost sharing requirements under this section, except to the extent that such funds are provided by annual appropriation Acts. (Pub. L. 102–486, title XXX, § 3002, Oct. 24, 1992, 106 Stat. 3127.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the En- ergy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. PART B—OTHER MISCELLANEOUS PROVISIONS § 13551. Repealed. Pub. L. 104–182, title III, § 301, Aug. 6, 1996, 110 Stat. 1683 Section, Pub. L. 102–486, title XXX, § 3013, Oct. 24, 1992, 106 Stat. 3128, related to geothermal heat pumps. § 13552. Use of energy futures for fuel purchases (a) Fuel study The Secretary shall conduct a study— (1) to ascertain if the use of energy futures and options contracts could provide cost-effec- tive protection for Government entities (in- cluding Government purchases for military purposes and for the Strategic Petroleum Re- serve) and consumer cooperatives (or any or- ganization whose purpose is to purchase fuel in bulk) from unanticipated surges in the price of fuel; and (2) to ascertain how such Government enti- ties or consumer cooperatives may be edu- cated in the prudent use of energy futures and options contracts to maximize their pur- chasing effectiveness, protect themselves against unanticipated surges in the price of fuel, and minimize fuel costs. (b) Pilot program The Secretary shall conduct a pilot program, commencing not later than 30 days after the transmission of the study required in subsection (b),1 to educate such governmental entities, con- sumer cooperatives, or other organizations on the prudent and cost-effective use of energy fu- tures and options contracts to increase their protection against unanticipated surges in the price of fuel and thereby increase the efficiency of their fuel purchase or assistance programs. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 102–486, title XXX, § 3014, Oct. 24, 1992, 106 Stat. 3128; Pub. L. 105–362, title IV, § 401(f), Nov. 10, 1998, 112 Stat. 3282.) Editorial Notes REFERENCES IN TEXT Subsection (b), referred to in subsec. (b), was repealed and subsec. (c) of this section was redesignated (b) by Pub. L. 105–362, title IV, § 401(f), Nov. 10, 1998, 112 Stat. 3282. See 1998 Amendment note below. AMENDMENTS 1998—Subsecs. (b) to (d). Pub. L. 105–362 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and

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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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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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15 U.S.C. § 3710a — Cooperative research and development agreements

**(a) General authority** Each Federal agency may permit the director of any of its Government-operated Federal laboratories, and, to the extent provided in an agency-approved joint work statement or, if permitted by the agency, in an agency-approved annual strategic plan, the director of any of its Government-owned, contractor-operated laboratories— (1) to enter into cooperative research and development agreements on behalf of such agency (subject to subsection (c) of this section) with other Federal agencies; units of State, local, or territorial government; industrial organizations (including corporations, partnerships, and limited partnerships, and industrial development organizations); public and private foundations; nonprofit organizations (including universities); or other persons (including licensees of inventions owned by the Federal agency); and (2) to negotiate licensing agreements under [section 207 of title 35](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section207&num=0&edition=prelim), or under other authorities (in the case of a Government-owned, contractor-operated laboratory, subject to subsection (c) of this section) for inventions made or other intellectual property developed at the laboratory and other inventions or other intellectual property that may be voluntarily assigned to the Government. **(b) Enumerated authority** (1) Under an agreement entered into pursuant to subsection (a)(1), the laboratory may grant, or agree to grant in advance, to a collaborating party patent licenses or assignments, or options thereto, in any invention made in whole or in part by a laboratory employee under the agreement, or, subject to [section 209 of title 35](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section

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15 U.S.C. § 3710a — Cooperative research and development

Page 2047 TITLE 15—COMMERCE AND TRADE § 3710a national agreements to which the United States and such foreign governments are signatories. (b) The Secretary of State shall develop a recruit- ment policy that encourages scientists and engineers from other Federal agencies, academic institutions, and industry to apply for assignments in embassies of the United States; and (c) The Secretaries of State and Commerce and the Director of the National Science Foundation shall de- velop a central mechanism for the prompt and efficient dissemination of science and technology information developed abroad to users in Federal laboratories, aca- demic institutions, and the private sector on a fee-for- service basis. SEC. 5. Technology Transfer from the Department of De- fense. Within 6 months of the date of this Order [Apr. 10, 1987], the Secretary of Defense shall identify a list of funded technologies that would be potentially useful to United States industries and universities. The Sec- retary shall then accelerate efforts to make these tech- nologies more readily available to United States indus- tries and universities. SEC. 6. Basic Science and Technology Centers. The head of each Executive department and agency shall exam- ine the potential for including the establishment of university research centers in engineering, science, or technology in the strategy and planning for any future research and development programs. Such university centers shall be jointly funded by the Federal Govern- ment, the private sector, and, where appropriate, the States and shall focus on areas of fundamental research and technology that are both scientifically promising and have the potential to contribute to the Nation’s long-term economic competitiveness. SEC. 7. Reporting

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42 U.S.C. § 13541 — Uncosted obligations

**(a) Report** Along with the submission of each of the President’s annual budget requests to Congress, the Secretary shall submit to Congress a report which— (1) identifies the amount of Department of Energy funds that were, as of the end of the previous fiscal year— (A) committed uncosted obligations; and (B) uncommitted uncosted obligations; (2) specifically describes the purposes for which all such funds are intended; and (3) explains the effect that information contained in the report has had on the annual budget request for the Department of Energy being simultaneously submitted. **(b) Definitions** Within 90 days after October 24, 1992, the Secretary shall submit a report to the Congress containing definitions of the terms “uncosted obligation”, “committed uncosted obligation”, and “uncommitted uncosted obligation” for purposes of reports to be submitted under subsection (a).

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42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

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42 U.S.C. § 2011 — Congressional declaration of policy

Page 5360 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2011 Sec. 2297f–2. Regulation of Restricted Data. SUBCHAPTER VII—DECONTAMINATION AND DECOMMISSIONING 2297g. Uranium Enrichment Decontamination and Decommissioning Fund. 2297g–1. Deposits. 2297g–2. Department facilities. 2297g–3. Employee provisions. 2297g–4. Reports to Congress. SUBCHAPTER VIII—UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION 2297h. Definitions. 2297h–1. Sale of Corporation. 2297h–2. Method of sale. 2297h–3. Establishment of private corporation. 2297h–4. Transfers to private corporation. 2297h–5. Leasing of gaseous diffusion facilities. 2297h–6. Transfer of contracts. 2297h–7. Liabilities. 2297h–8. Employee protections. 2297h–9. Ownership limitations. 2297h–10. Uranium transfers and sales. 2297h–10a. Incentives for additional downblending of highly enriched uranium by the Rus- sian Federation. 2297h–10b. Secretarial determinations; congres- sional notification. 2297h–11. Low-level waste. 2297h–12. AVLIS. 2297h–13. Application of certain laws. Editorial Notes CODIFICATION The Atomic Energy Act of 1954, which is classified principally to this chapter, is act Aug. 1, 1946, ch. 724. It was originally enacted as the Atomic Energy Act of 1946, act Aug. 1, 1946, ch. 724, 60 Stat. 755, which con- sisted of sections 1 to 21 and was classified generally to chapter 14 (§ 1801 et seq.) of this title. The Atomic En- ergy Act of 1946 was renamed the Atomic Energy Act of 1954 and amended generally by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, and was subsequently transferred to this chapter. Sections that were enacted as part of the 1954 general amendment are shown herein as having been added to act Aug. 1, 1946, and not as amending it, due to the

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42 U.S.C. § 5901 — Congressional statement of findings

The Congress hereby finds that— **(a)** The Nation is suffering from a shortage of environmentally acceptable forms of energy. **(b)** Compounding this energy shortage is our past and present failure to formulate a comprehensive and aggressive research and development program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies. **(c)** The urgency of the Nation’s energy challenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation undertake a research, development, and demonstration program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next decade. **(d)** In undertaking such program, full advantage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector. **(e)** The Nation’s future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabilities, and to accord the proper priority to developing new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment.

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42 U.S.C. § 5901 — Congressional statement of findings

Page 6624 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5879 Editorial Notes REFERENCES IN TEXT Section 204(b) of the Department of Energy Act 1978— Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60), referred to in text, is section 204(b) of Pub. L. 95–238, title II, Feb. 25, 1978, 92 Stat. 59, which is set out as a note under section 7256 of this title. CODIFICATION Section was not enacted as a part of the Energy Reor- ganization Act of 1974 which comprises this chapter. AMENDMENTS 1980—Pub. L. 96–470 substituted ‘‘include, in the re- port required by section 204(b) of the Department of En- ergy Act of 1978—Civilian Applications, information’’ for ‘‘by June 30, 1976, and by the end of each fiscal year thereafter, submit a report to the Committee on Science and Technology of the House of Representa- tives and the Committee on Interior and Insular Affairs of the Senate’’ and ‘‘Secretary of Energy’’ for ‘‘Admin- istrator’’ wherever appearing. § 5879. Transfer of funds The Administrator, when authorized in an ap- propriation Act, may, in any fiscal year, trans- fer funds from one appropriation to another within the Administration; except, that no ap- propriation shall be either increased or de- creased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year. (Pub. L. 93–438, title III, § 309, Oct. 11, 1974, 88 Stat. 1252.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. SUBCHAPTER IV—SEX DISCRIMINATION § 5891. Sex discrimination prohibited No person shall on the

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