
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13541]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                      SUBCHAPTER XII--MISCELLANEOUS
 
                       Part A--General Provisions
 
Sec. 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 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) of this 
section to commercial application under subsection (b) of this section. 
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.

(Pub. L. 102-486, title XXX, Sec. 3001, Oct. 24, 1992, 106 Stat. 3126.)

                       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 classification 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 Development Act of 1974, Pub. L. 93-577, Dec. 31, 
1974, 88 Stat. 1878, as amended, which is classified generally to 
chapter 74 (Sec. 5901 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 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, Sec. 1, 
68 Stat. 921, and amended, which is classified generally to chapter 23 
(Sec. 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, as amended, which is classified generally to 
chapter 63 (Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 12001, 12005, 13331, 13411, 
13412, 13413, 13414, 13431, 13432, 13433, 13434, 13437, 13451, 13452, 
13453, 13454, 13455, 13456, 13471, 13472, 13474, 13475, 13477, 13501, 
13502 of this title.
