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42 U.S.C. § 13541 — Research, development, demonstration, and commercial application activities

submitted 34 years ago by Pub. L. 102-486 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 557 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Energy can use contracts, grants, cooperative agreements, and joint ventures to carry out research, development, demonstration, and commercial-application programs under this law. Demonstration programs must test whether energy technologies are technically and commercially workable, and commercial-application programs must help move technologies out of the research stage. Existing agreements from before October 24, 1992 keep working under their own rules.

(a) Research, development, and demonstration: (1) Unless this Act says otherwise, these activities can follow the procedures of the Federal Nonnuclear Research and Development Act of 1974, the Atomic Energy Act of 1954, or any other law that authorizes the Secretary to do this work — but only to the extent each of those laws actually allows it. Every demonstration program under this Act must aim to find out whether an energy technology is technically and commercially workable. (2) Unless this Act says otherwise, the Secretary may use contracts, cooperative agreements, Stevenson-Wydler Act cooperative research and development agreements, grants, joint ventures, and any other legally available agreement to run these programs.
(b) Commercial application: The same range of tools — contracts, cooperative agreements, Stevenson-Wydler agreements, grants, joint ventures, or anything else legally available — can be used for commercial-application programs, unless this Act says otherwise. Every commercial-application program must aim to speed technologies out of the research and development stage.
(c) "Joint venture" defined: Here, "joint venture" has the meaning given to "joint research and development venture" in section 4301(a)(6) and (b) of title 15, except that it can also cover research, development, demonstration, and commercial-application joint ventures.
(d) Protection of information: The information-protection rule in section 12(c)(7) of the Stevenson-Wydler Technology Innovation Act of 1980 applies to these programs and activities.
(e) Guidelines and procedures: The Secretary must set guidelines for moving technologies, where appropriate, from research and development under subsection (a) to commercial application under subsection (b). This doesn't stop the Secretary from (1) entering into a new contract, cooperative agreement, Stevenson-Wydler agreement, grant, joint venture, or other agreement covering research, development, demonstration, and commercial application, or (2) extending an existing research-and-development agreement to also cover commercial application.
(f) Application of section: This section doesn't apply to any contract, cooperative agreement, Stevenson-Wydler agreement, grant, joint venture, or other agreement that was already in effect as of October 24, 1992.

the actual law source: uscode.house.gov ↗public domain
(a) Research, development, and demonstration
(1)

Except as otherwise provided in this Act, research, development, and demonstration activities under this Act may be carried out under the procedures of the Federal Nonnuclear Research 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 Secretary is authorized to carry out such activities under each such Act. An objective of any demonstration program under this Act shall be to determine the technical and commercial feasibility of energy technologies.

(2)

Except as otherwise provided in this Act, in carrying out research, development, and demonstration programs and 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 ventures, and any other form of agreement available 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 ventures, and any other form of agreement available to the Secretary. An objective of any commercial application program under this Act shall be to accelerate the transition of technologies 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 section 4301(a)(6) and (b) of title 15, except that such term may apply under this section to research, development, demonstration, and commercial application joint ventures.

(d) Protection of information

Section 12(c)(7) of the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3710a(c)(7)], relating to the protection of information, shall apply to research, development, demonstration, and commercial application programs and activities under this Act.

(e) Guidelines and procedures

The Secretary shall provide guidelines and procedures for the transition, where appropriate, of energy technologies from research through development and demonstration under subsection (a) to commercial application under subsection (b). Nothing in this section shall preclude the Secretary from—

(1)

entering into a contract, cooperative agreement, cooperative research and development 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, development, demonstration, and commercial application; or

(2)

extending a contract, cooperative agreement, cooperative research and development agreement under the Stevenson-Wydler Technology Innovation Act of 1980, grant, joint venture, or any other form of agreement available 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 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 that is in effect as of October 24, 1992.

Source credit: (Pub. L. 102–486, title XXX, § 3001, Oct. 24, 1992, 106 Stat. 3126.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-486 · 106 Stat. 3126

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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