242 



demonstration Is unsuccessful or otherwise aband- 

 oned. 



(3) The Administrator shall from time to time 

 review and, as appropriate, modify and repromulgate 

 regulations Issued pursuant to this section. 



(e) Amount of estimate of Federal investment re- 

 quiring Congressional authorization for approp i- 

 ation. 



If the estimate of the Federal Investment with re- 

 spect to construction costs of any demonstration 

 project proposed to be established under this section 

 exceeds $50,000,000, no amount may be approprl- 

 priated for such project except as specifically au- 

 thorized by legislation hereafter enacted by the 

 Congress. 



(f) Amount of estimated Federal contribution au- 

 thorizing Administrator to proceed with negotia- 

 tion of agreements and implementation of pro- 

 posal; amount of Federal contribution requiring 

 Administrator to submit report to Congress as 

 prerequisite to expenditure of funds. 



If the total estimated amount of the Federal con- 

 tributioa to the construction cost of a demonstration 

 project does not exceed $50,000,000. the Administra- 

 tor is authorized to proceed with the negotiation of 

 agreements and implementation of the proposal 

 subject to the availability of funds under the author- 

 ization of appropriations pursuant to section 5915 of 

 this title: Provided, That If such Federal contribu- 

 tion to the construction cost is estimated to exceed. 

 $25,000,000 the Administrator shall provide a full 

 and comprehensive report on the proposed demon- 

 stration project to the appropriate committees of 

 the Congress and no funds may be expended for any 

 agreement under the authority granted by this sec- 

 tion prior to the expiration of sixty calendar days 

 (not including any day on which either House of 

 Congress is not in session because of an adjourn- 

 ment of more than three calendar days to a day cer- 

 tain) from the date on which the Administrator's re- 

 port on the proposed project is received by the Con- 

 gress. Such reports shall contain an analysis of the 

 extent to which the proposed demonstration satis- 

 fies the criteria specified in subsection (b) of this 

 section. (Pub. L. 93-577. 5 8, Dec. 31. 1974, 88 Stat. 

 1886.) 



§ 5908. Patents and inTentions. 



(a) Vesting of title to invention and issuance of 

 patents to United States; prerequisites. 



Whenever any invention is made or conceived 

 in the course of or under any contract of the Admin- 

 istration, other than nuclear energy research, de- 

 velopment, and demonstration pursuant to the 

 Atomic Energy Act of 1954 and the Administrator 

 determines that — 



( 1 ) the person who made the invention was em- 

 ployed or assigned to perform research, develop- 

 ment, or demonstration work and the invention 

 is related to the work he was employed or assigned 

 to perform, or that it was within the scope of his 

 employment duties, whether or not it was made 

 during working hours, or with a contribution by 

 the Government of the use of Oovemmenit facili- 



ties, equipment, materials, allocated funds. In- 

 formation proprietary to the Government, or 

 services of Government employees during work- 

 ing hours; or 



(2) the r>erson who made the invention was not 

 employed or assigned to perform research, de- 

 velopment, or demonstration work, but the inven- 

 tion is nevertheless related to the contract or to 

 the work or duties he was employed or assigned to 

 perform, and was made during working hours, or 

 with a contribution from the Government of the 

 sort referred to in clause (1) . 

 title to such invention shall vest in the United States, 

 and if patents on such invention are Issued they shall 

 be Issued to the United States, unless in particular 

 circumstances the Adminlstratoi- waives all or any 

 part of the rights of the United States to such in- 

 vention in conformity with the provisions of this 

 section. 



(b) Contract as requiring report to Administration of 

 invention, etc., made in course of contract. 



Each contract entered into by the Administration 

 with any person shall contain effective provisions 

 under which such person shall furnish promptly to 

 the Administration a written report containing full 

 and complete technical information concerning any 

 Invention, discovery, improvement, or innovation 

 which may be made in the course of or under such 

 contract. 



(c) Waiver by Administrator of rights of United 

 States; regulations prescribing procedures; rec- 

 ord of waiver determinations; objectives. 



Under such regulations in conformity with the 

 provisions of this section as the Administrator shall 

 prescribe, the Administrator may waive all or any 

 part of the rights of the United States under this 

 section with respect to any invention or class of in- 

 ventions made or which may be made by any person 

 or class of persons in the course of or under any con- 

 tract of the Administration if he determines that 

 the interests of the United States and the general 

 public will be best served by such waiver. The Ad- 

 ministration shall maintain a publicly available, 

 periodically updated record of waiver determina- 

 tions. In making such determinations, the Adminis- 

 trator shall have the following objectives: 



(1) Making the benefits of the energy research, 

 development, and demonstration program widely 

 available to the public In the shortest practicable 

 time. 



(2) Promoting the commercial utilization of 

 such inventions. 



(3) Eiicouraglng participation by private per- 

 sons in the Administration's energy research, de- 

 velopment, and demonstration program. 



(4) Fostering competition and preventing undue 

 market concentration or the creation or mainte- 

 nance of other situations inconsistent with the 

 anltrust laws. 



(d) Considerations applicable at time of contracting 

 for waivpr d^tprm-'nation by Administrator. 

 In determining whether a waiver to the contractor 

 at the time of contracting will best serve the inter- 



