§ 2123. Critical Technology Partnerships

(a) Partnerships

     For the purpose of facilitating the transfer of technology, the Secretary of Energy shall ensure, to the maximum extent practicable, that atomic energy defense activities research on, and development of, any dual-use critical technology is conducted through cooperative research and development agreements, or other arrangements, that involve laboratories of the Department of Energy and other entities.

(b) Definitions

     In this section:

     (1) The term "dual-use critical technology" means a technology—

     (A) that is critical to atomic energy defense activities, as determined by the Secretary of Energy;

     (B) that has military applications and nonmilitary applications; and

     (C) that either—

     (i)(I) appears on the list of national critical technologies contained in a biennial report on national critical technologies submitted to Congress by the President pursuant to section 6683(d) 1 of this title; and

1 See References in Text note below.

     (II) has not been expressly deleted from such list by such a report subsequently submitted to Congress by the President; or

     (ii)(I) appears on the list of critical technologies contained in an annual defense critical technologies plan submitted to Congress by the Secretary of Defense pursuant to section 2506 1 of title 10; and

     (II) has not been expressly deleted from such list by such a plan subsequently submitted to Congress by the Secretary.

     (2) The term "cooperative research and development agreement" has the meaning given that term by section 3710a(d) of title 15.

     (3) The term "other entities" means—

     (A) firms, or a consortium of firms, that are eligible to participate in a partnership or other arrangement with a laboratory of the Department of Energy, as determined in accordance with applicable law and regulations; or

     (B) firms, or a consortium of firms, described in subparagraph (A) in combination with one or more of the following:

     (i) Institutions of higher education in the United States.

     (ii) Departments and agencies of the Federal Government other than the Department of Energy.

     (iii) Agencies of State Governments.

     (iv) Any other persons or entities that may be eligible and appropriate, as determined in accordance with applicable laws and regulations.

     (4) The term "atomic energy defense activities" does not include activities covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program.

(Pub. L. 102–190, div. C, title XXXI, § 3136, Dec. 5, 1991, 105 Stat. 1577; Pub. L. 103–35, title II, § 203(b)(3), May 31, 1993, 107 Stat. 102.)

References in Text

     Section 6683 of this title, referred to in subsec. (b)(1)(C)(i)(I), was omitted from the Code.

     Section 2506 of title 10, referred to in subsec. (b)(1)(C)(ii)(I), was amended generally by Pub. L. 104–201, div. A, title VIII, § 829(d), Sept. 23, 1996, 110 Stat. 2613, and, as so amended, no longer relates to submission of a plan to Congress.

     Executive Order No. 12344, dated February 1, 1982, referred to in subsec. (b)(4), is set out as a note under section 7158 of this title.

Codification

     Section was enacted as part of the National Defense Authorization Act for Fiscal Years 1992 and 1993, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

Amendments

     1993—Subsec. (b)(1)(C)(ii)(I). Pub. L. 103–35 substituted "section 2506 of title 10" for "section 2522 of title 10".