cfr_sections
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22 rows where part_number = 781 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.2.5.19.0.12.1 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.1 Scope. | DOE | [77 FR 4889, Feb. 1, 2012] | The regulations of this part supplement the U.S. Department of Commerce regulations, entitled LICENSING OF GOVERNMENT OWNED INVENTIONS, at 37 CFR Part 404. | ||||||
| 10:10:5.0.2.5.19.0.12.2 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.2 Policy. | DOE | [77 FR 4889, Feb. 1, 2012] | (a) It is the policy of this regulation to use the patent system to promote the utilization of inventions arising from Department of Energy supported research and development. (b) Decisions as to grants or denials of any license application will, in the discretion of the Secretary of Energy, be based on the Department of Energy's view of what is in the best interests of the United States and the general public under the provisions of these regulations. Decisions of the Department of Energy under these regulations may be made on the Secretary of Energy's behalf by the Assistant General Counsel for Technology Transfer and Intellectual Property, except where otherwise delegated. | ||||||
| 10:10:5.0.2.5.19.0.12.3 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.3 [Reserved] | DOE | ||||||||
| 10:10:5.0.2.5.19.0.12.4 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.4 Communications. | DOE | [77 FR 4889, Feb. 1, 2012] | All communications concerning the regulations in this part, including applications for licenses, should be addressed or delivered to the General Counsel, Attention: Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585. | ||||||
| 10:10:5.0.2.5.19.0.13.5 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | §§ 781.51-781.52 [Reserved] | DOE | ||||||||
| 10:10:5.0.2.5.19.0.13.6 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.53 Additional licenses. | DOE | [77 FR 4889, Feb. 1, 2012] | Subject to any outstanding licenses, nothing in this part shall preclude the Department of Energy from granting additional nonexclusive, or exclusive, or partially exclusive licenses for inventions covered by this part when the Department of Energy determines that to do so would provide for an equitable exchange of patent rights. The following circumstances are examples in which such licenses may be granted: (a) In consideration of the settlement of interferences or other administrative proceedings before the U.S. Patent and Trademark Office; (b) In consideration of a release of any claims; (c) In exchange for or as a part of the consideration for a license under adversely held patents; (d) As necessary for meeting obligations of the U.S. under any treaty, international agreement arrangement or cooperation, memorandum of understanding or similar arrangement; or (e) In consideration for the settlement or resolution of any proceeding under the Department of Energy Organization Act or other law. | ||||||
| 10:10:5.0.2.5.19.0.14.7 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | §§ 781.61-781.64 [Reserved] | DOE | ||||||||
| 10:10:5.0.2.5.19.0.14.8 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.65 Appeals. | DOE | [77 FR 4890, Feb. 1, 2012] | (a) Standing. The following parties have the right to appeal under this part: (1) Pursuant to 37 CFR 404.11: (i) A person whose application for a license has been denied; (ii) A licensee whose license has been modified or terminated, in whole or in part; (iii) A person who timely filed a written objection in response to the notice required by 37 CFR 404.7(a)(1)(i) or (b)(1)(i) and who can demonstrate to the satisfaction of the Federal agency that such person may be damaged by the agency action; or (2) A management and operating contractor appealing an agency decision to grant a copyright license to a third party pursuant to the Rights in Data-Technology Transfer clause for DOE management and operating contracts per 48 CFR part 970. (b) Notice of Appeal. Appeal under paragraph (a) of this section shall be initiated by filing a Notice of Appeal with the Secretary, ATTN: Deputy General Counsel for Technology Transfer and Procurement (“Deputy General Counsel”), within thirty (30) days from the date of receipt of a written notice by the Department of Energy of an action set forth in paragraph (a) of this section. The Notice of Appeal shall specify the portion of the decision from which the appeal is taken. A statement of fact and argument in the form of a brief in support of the appeal shall be submitted with the Notice of Appeal or within thirty (30) days thereafter. (c) Procedure. Appeals under this section shall be conducted pursuant to rules of procedure provided by the Deputy General Counsel. (d) Within sixty (60) days of receiving appellant's brief pursuant to paragraph (b) of this section or such other time period set by the Deputy General Counsel, the Office of the Assistant General Counsel for Technology Transfer and Intellectual Property shall submit to the Deputy General Counsel a response brief and shall timely serve a copy of the response brief to appellant. (e) The Deputy General Counsel shall consider the facts and arguments submitted in appellant's brief submitted under paragraph (b) of this s… | ||||||
| 10:10:5.0.2.5.19.0.14.9 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.66 [Reserved] | DOE | ||||||||
| 10:10:5.0.2.5.19.0.15.10 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.71 [Reserved] | DOE | ||||||||
| 10:10:5.0.2.5.19.0.15.11 | 10 | Energy | III | 781 | PART 781—DOE PATENT LICENSING REGULATIONS | § 781.81 [Reserved] | DOE | ||||||||
| 15:15:3.1.1.2.19.0.1.1 | 15 | Commerce and Foreign Trade | VII | D | 781 | PART 781—GENERAL INFORMATION AND OVERVIEW OF THE ADDITIONAL PROTOCOL REGULATIONS (APR) | § 781.1 Definitions of terms used in the Additional Protocol Regulations (APR). | BIS | The following are definitions of terms used in parts 781 through 786 of this subchapter (collectively known as the APR), unless otherwise noted: Access Point of Contact (A-POC). The individual at a location who will be notified by BIS immediately upon receipt of an IAEA request for complementary access to a location. BIS must be able to contact either the A-POC or alternate A-POC on a 24-hour basis. All interactions with the location for permitting and planning an IAEA complementary access will be conducted through the A-POC or the alternate A-POC, if the A-POC is unavailable. Act (The). The United States Additional Protocol Implementation Act of 2006 (Pub. L. 109-401). Additional Protocol. The Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, with Annexes, signed at Vienna on June 12, 1998 (T. Doc. 107-097), known as the Additional Protocol. Additional Protocol Regulations (APR). Those regulations contained in 15 CFR parts 781 to 786 that were promulgated by the Department of Commerce to implement and enforce the Additional Protocol. Agreement State. Any State of the United States with which the U.S. Nuclear Regulatory Commission (NRC) has entered into an effective agreement under Subsection 274b of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq. ). Beneficiation. The concentration of nuclear ores through physical or any other non-chemical methods. Bureau of Industry and Security (BIS). The Bureau of Industry and Security of the United States Department of Commerce, including Export Administration and Export Enforcement. Complementary Access. The exercise of the IAEA's access rights as set forth in Articles 4 to 6 of the Additional Protocol (see part 784 of the APR for requirements concerning the scope and conduct of complementary access). Complementary Access Notification. A written announcement issued by BIS to a person who is subject to the … | ||||||
| 15:15:3.1.1.2.19.0.1.2 | 15 | Commerce and Foreign Trade | VII | D | 781 | PART 781—GENERAL INFORMATION AND OVERVIEW OF THE ADDITIONAL PROTOCOL REGULATIONS (APR) | § 781.2 Purposes of the Additional Protocol and APR. | BIS | (a) General. The Additional Protocol is a supplement to the existing U.S.-IAEA Safeguards Agreement, which entered into force in 1980. It provides the IAEA with access to additional information about civil nuclear and nuclear-related items, materials, and activities and with physical access to reportable locations where nuclear facilities, materials, or ores are located (to ensure the absence of undeclared nuclear material and activities) and to other reportable locations and locations specified by the IAEA (to resolve questions or inconsistencies related to the U.S. Declaration). The Additional Protocol is based upon and is virtually identical to the IAEA Model Additional Protocol (see IAEA Information Circular, INFCIRC/540, at http://www.iaea.org/Publications/Documents/Infcircs/index.html ), except that it excludes IAEA access to activities with direct national security significance to the United States, or to locations or information associated with such activities, and provides for managed access in connection with those same activities and to locations or information associated with those activities. (b) Purposes of the Additional Protocol. The Additional Protocol is designed to enhance the effectiveness of the U.S.-IAEA Safeguards Agreement by providing the IAEA with information about aspects of the U.S. civil nuclear fuel cycle, including: Mining and concentration of nuclear ores; nuclear-related equipment manufacturing, assembly, or construction; imports, exports, and other activities involving certain source material (i.e., source material that has not reached the composition and purity suitable for fuel fabrication or for being isotopically enriched); imports and exports of specified nuclear equipment and non-nuclear material; nuclear fuel cycle-related research and development activities not involving nuclear material; and other activities involving nuclear material not currently subject to the U.S.-IAEA Safeguards Agreement (e.g., nuclear material that has been exempted from safeguards pursuant … | ||||||
| 15:15:3.1.1.2.19.0.1.3 | 15 | Commerce and Foreign Trade | VII | D | 781 | PART 781—GENERAL INFORMATION AND OVERVIEW OF THE ADDITIONAL PROTOCOL REGULATIONS (APR) | § 781.3 Scope of the APR. | BIS | The Additional Protocol Regulations or APR implement certain obligations of the United States under the Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency Concerning the Application of Safeguards in the United States of America, known as the Additional Protocol. (a) Persons and locations subject to the APR. The APR, promulgated by the Department of Commerce, shall apply to all persons and locations in the United States, except : (1) Locations that are subject to the regulatory authority of the Nuclear Regulatory Commission (NRC), pursuant to the NRC's regulatory jurisdiction under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq. ); and (2) The following United States Government locations (see definition in § 781.1 of the APR): (i) Department of Energy locations; (ii) Department of Defense locations; (iii) Central Intelligence Agency locations; and (iv) Department of State locations. (b) Activities subject to the APR. The activities that are subject to the recordkeeping and reporting requirements described in the APR are found in parts 783 and 784 of this subchapter (APR). | ||||||
| 15:15:3.1.1.2.19.0.1.4 | 15 | Commerce and Foreign Trade | VII | D | 781 | PART 781—GENERAL INFORMATION AND OVERVIEW OF THE ADDITIONAL PROTOCOL REGULATIONS (APR) | § 781.4 U.S. Government requests for information needed to satisfy the requirements of the APR or the Act. | BIS | From time-to-time, one or more U.S. Government agencies (i.e., the Department of Defense, the Department of Energy, the NRC, or BIS) may contact a location to request information that the U.S. Government has determined to be necessary to satisfy certain requirements of the APR or the Act (e.g., clarification requests or vulnerability assessments). If the manner of providing such information is not specified in the APR, the agency in question will provide the location with appropriate instructions. | ||||||
| 15:15:3.1.1.2.19.0.1.5 | 15 | Commerce and Foreign Trade | VII | D | 781 | PART 781—GENERAL INFORMATION AND OVERVIEW OF THE ADDITIONAL PROTOCOL REGULATIONS (APR) | § 781.5 Authority. | BIS | The APR implement certain provisions of the Additional Protocol under the authority of the Additional Protocol Implementation Act of 2006 (Pub. L. 109-401, 120 Stat. 2726 (December 18, 2006)). In Executive Order 13458 of February 4, 2008, the President delegated authority to the Department of Commerce to promulgate regulations to implement the Act, and consistent with the Act, to carry out appropriate functions not otherwise assigned in the Act, but necessary to implement certain declaration and complementary access requirements of the Additional Protocol and the Act. | ||||||
| 7:7:7.1.1.4.27.0.9.1 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.1 General. | FSA | The purpose of these regulations is to set forth the requirements designed to implement the Agricultural Foreign Investment Disclosure Act of 1978. The regulations require that a foreign person who acquires, disposes of, or holds an interest in United States agricultural land shall disclose such transactions and holdings to the Secretary of Agriculture. In particular, the regulations establish a system for the collection of information by the Agricultural Stablization and Conservation Service (FSA) pertaining to foreign investment in United States agricultural land. The information collected will be utilized in the preparation of periodic reports to Congress and the President by the Economic Research Service (ERS) concerning the effect of such holdings upon family farms and rural communities. | ||||||
| 7:7:7.1.1.4.27.0.9.2 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.2 Definitions. | FSA | [49 FR 35074, Sept. 6, 1984, as amended at 58 FR 48274, Sept. 15, 1993] | In determining the meaning of the provisions of this part, unless the context indicates otherwise, words importing the singular include and apply to several persons or things, words importing the plural include the singular, and words used in the present tense include the future as well as the present. The following terms shall have the following meanings: (a) AFIDA. AFIDA means the Agricultural Foreign Investment Disclosure Act of 1978. (b) Agricultural land. Agricultural land means land in the United States used for forestry production and land in the United States currently used for, or, if currently idle, land last used within the past five years, for farming, ranching, or timber production, except land not exceeding ten acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced thereon do not exceed $1,000. Farming, ranching, or timber production includes, but is not limited to, activities set forth in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management. Land used for forestry production means, land exceeding 10 acres in which 10 percent is stocked by trees of any size, including land that formerly had such tree cover and that will be naturally or artificially regenerated. (c) Any interest. Any interest means all interest acquired, transferred or held in agricultural lands by a foreign person, except: (1) Security interests; (2) Leaseholds of less than 10 years; (3) Contingent future interests; (4) Noncontingent future interests which do not become possessory upon the termination of the present possessory estate; (5) Surface or subsurface easements and rights of way used for a purpose unrelated to agricultural production; and (6) An interest solely in mineral rights. (d) County. County means a political … | |||||
| 7:7:7.1.1.4.27.0.9.3 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.3 Reporting requirements. | FSA | [49 FR 35074, Sept. 6, 1984, as amended at 51 FR 25993, July 18, 1986] | (a) All reports required to be filed pursuant to this part shall be filed with the FSA County office in the county where the land with respect to which such report must be filed is located or where the FSA County office administering programs carried out on such land is located; Provided, that the FSA office in Washington, DC, may grant permission to foreign persons to file reports directly with its Washington office when complex filings are involved, such as where the land being reported is located in more than one county. (b) Any foreign person who held, holds, acquires, or transfers any interest in United States agricultural land is subject to the requirement of filing a report on form FSA-153 by the following dates: (1) August 1, 1979, if the interest in the agricultural land was held on the day before February 2, 1979, or (2) Ninety days after the date of acquisition or transfer of the interest in the agricultural land, if the interest was acquired or transferred on or after February 2, 1979. (c) Any person who holds or acquires any interest in United States agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person must submit, not later than 90 days after the date on which such person becomes a foreign person, a report containing the information required to be submitted under paragraph (e) of this section. (d) Any foreign person who holds or acquires any interest in United States land at a time when such land is not agricultural land and such land subsequently becomes agricultural land must submit, not later than 90 days after the date on which such land becomes agricultural, a report containing the information required to be submitted under paragraph (e) of this section. (e) Any foreign person required to submit a report under this regulation, except under paragraph (g) of this section, shall file an FSA-153 report containing the following information: (1) The legal name and the address of such foreign person; (2) In any case in which such fo… | |||||
| 7:7:7.1.1.4.27.0.9.4 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.4 Assessment of penalties. | FSA | (a) Violation of the reporting obligations will consist of: (1) Failure to submit any report in accordance with § 781.3; (2) Failure to maintain any submitted report with accurate information; or (3) Submission of a report which the foreign person knows: (i) Does not contain, initially or within thirty days from the date of a letter returning for completion such incomplete report, all the information required to be in such report; or (ii) Contains misleading or false information. (b) Any foreign person who violates the reporting obligation as described in paragraph (a) of this section shall be subject to the following penalties: (1) Late-filed reports: One-tenth of one percent of the fair market value, as determined by the Farm Service Agency, of the foreign person's interest in the agricultural land, with respect to which such violation occurred, for each week or portion thereof that such violation continues, but the total penalty imposed shall not exceed 25 percent of the fair market value of the foreign person's interest in such land. (2) Submission of an incomplete report or a report containing misleading or false information, failure to submit a report or failure to maintain a submitted report with accurate information: 25 percent of the fair market value, as determined by the Farm Service Agency, of the foreign person's interest in the agricultural land with respect to which such violation occurred. (3) Penalties prescribed above are subject to downward adjustments based on factors including: (i) Total time the violation existed. (ii) Method of discovery of the violation. (iii) Extenuating circumstances concerning the violation. (iv) Nature of the information misstated or not reported. (c) The fair market value for the land, with respect to which such violation occurred, shall be such value on the date the penalty is assessed, or if the land is no longer agricultural, on the date it was last used as agricultural land. The price or current estimated value reported by the foreign person, as veri… | ||||||
| 7:7:7.1.1.4.27.0.9.5 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.5 Penalty review procedure. | FSA | [49 FR 35074, Sept. 6, 1984, as amended at 60 FR 67318, Dec. 29, 1995] | (a) Whenever it appears that a foreign person has violated the reporting obligation as described in paragraph (a) of § 781.4, a written notice of apparent liability will be sent to the foreign person's last known address by the Farm Service Agency. This notice will set forth the facts which indicate apparent liability, identify the type of violation listed in paragraph (a) of § 781.4 which is involved, state the amount of the penalty to be imposed, include a statement of fair market value of the foreign person's interest in the subject land, and summarize the courses of action available to the foreign person. (b) The foreign person involved shall respond to a notice of apparent liability within 60 days after the notice is mailed. If a foreign person fails to respond to the notice of apparent liability, the proposed penalty shall become final. Any of the following actions by the foreign person shall constitute a response meeting the requirements of this paragraph. (1) Payment of the proposed penalty in the amount specified in the notice of apparent liability and filing of a report, if required, in compliance with § 781.3. The amount shall be paid by check or money order drawn to the Treasurer of the United States and shall be mailed to the U.S. Department of Agriculture, P.O. Box 2415, Washington, DC 20013. The Department is not responsible for the loss of currency sent through the mails. (2) Submission of a written statement denying liability for the penalty in whole or in part. Allegations made in any such statement must be supported by detailed factual data. The statement should be mailed to the Administrator, Farm Service Agency, U.S. Department of Agriculture, P.O. Box 2415, Washington, DC 20013. (3) A request for a hearing on the proposed penalty may be filed in accordance with part 780 of this title. (c) After a final decision is issued pursuant to an appeal under part 780 of this title, the Administrator or Administrator's designee shall mail the foreign person a notice of the determination on appeal,… | |||||
| 7:7:7.1.1.4.27.0.9.6 | 7 | Agriculture | VII | D | 781 | PART 781—DISCLOSURE OF FOREIGN INVESTMENT IN AGRICULTURAL LAND | § 781.6 Paperwork Reduction Act assigned number. | FSA | The information collection requirements contained in these regulations (7 CFR part 781) have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB control number 0560-0097. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);