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42 U.S.C. § 13525Limits on participation by companies

submitted 34 years ago by Pub. L. 102-486 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 223 words · no verdicts yet

in plain englishAI-generated · not legal advice

A company can only get certain Department of Energy financial assistance if the Secretary finds its participation benefits the U.S. economy, and if the company is either U.S.-owned or based in a country that gives U.S. companies fair, comparable treatment. This is meant to protect American jobs, manufacturing, and intellectual property.

A company qualifies for financial assistance under subchapters VIII through XI of this chapter only if: (1) the Secretary finds that the company's participation serves the U.S. economic interest — shown by things like investing in U.S. research, development, and manufacturing (for example, making major parts in the U.S.), contributing significantly to U.S. jobs, agreeing to promote U.S. manufacturing of products built from technology it gets under this section, and agreeing to buy parts and materials from competitive suppliers; and (2) either (A) the company is U.S.-owned, or (B) the Secretary finds the company is incorporated in the U.S. but has a foreign parent company, and that parent's home country gives U.S.-owned companies opportunities as good as it gives its own companies to join similar joint ventures, gives U.S.-owned companies comparable local investment opportunities, and adequately protects U.S.-owned companies' intellectual property rights.
the actual law source: uscode.house.gov ↗public domain

A company shall be eligible to receive financial assistance under subchapters VIII through XI of this chapter only if—

(1)

the Secretary finds that the company’s participation in any program under such subchapters would be in the economic interest of the United States, as evidenced by investments in the United States in research, development, and manufacturing (including, for example, the manufacture of major components or subassemblies in the United States); significant contributions to employment in the United States; an agreement with respect to any technology arising from assistance provided under this section to promote the manufacture within the United States of products resulting from that technology (taking into account the goals of promoting the competitiveness of United States industry), and to procure parts and materials from competitive suppliers; and

(2)

either—

(A)

the company is a United States-owned company; or

(B)

the Secretary finds that the company is incorporated in the United States and has a parent company which is incorporated in a country which affords to United States-owned companies opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those authorized under this Act; affords to United States-owned companies local investment opportunities comparable to those afforded to any other company; and affords adequate and effective protection for the intellectual property rights of United States-owned companies.

Source credit: (Pub. L. 102–486, title XXIII, § 2306, Oct. 24, 1992, 106 Stat. 3095.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-486 · 106 Stat. 3095

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-486 on 1992-10-24.

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