US (United States) Code. Title 42. Chapter 74: Nonnuclear energy research and development

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 98 páginas
publicidad
publicidad

-CITE-

42 USC CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-MISC1-

Sec.

5901. Congressional statement of findings.

5902. Congressional declaration of policy and purpose;

implementation and administration of program by

Secretary of Energy.

5903. Duties and functions of Secretary.

5903a. Nonduplication of programs, projects, and research

facilities.

5903b. Environmental and safety research, development, and

demonstration program.

5903c. Moneys received by Secretary from fossil energy

activity; payment into Treasury; reports to House and

Senate Committees.

5903d. Clean coal technology projects; proposals,

implementation, funding, etc.

5904. Research, development, and demonstration program

governing principles.

5905. Comprehensive plan and implementing program for energy

research, development, and demonstration;

transmission to Congress; purposes; scope of program;

comprehensive environment and safety program

implementing plan; development and transmission to

Congress.

5906. Federal assistance and participation in programs.

(a) Forms of activities authorized.

(b) Proposed joint Federal-industry corporations;

operational guidelines; powers, duties, and

functions; composition; scope of Federal

assistance and participation; specific

authorization.

(c) Proposed competitive systems of price supports

for demonstration facilities; guidelines.

(d) Support for joint university-industry research

efforts.

5907. Demonstration projects.

(a) Scope of authority of Secretary.

(b) Criteria applicable in reviewing potential

projects.

(c) Federal and non-Federal share of costs.

(d) Submission of proposals to Secretary;

promulgation of regulations by Secretary

establishing procedures; required contents of

proposals and regulations.

(e) Amount of estimate of Federal investment

requiring Congressional authorization for

appropriation.

(f) Amount of estimated Federal contribution

authorizing Secretary to proceed with

negotiation of agreements and implementation

of proposal; amount of Federal contribution

requiring Secretary to submit report to

Congress as prerequisite to expenditure of

funds.

5907a. Small grant program.

(a) Establishment.

(b) Limitation.

(c) Systems and technologies to be developed and

demonstrated.

(d) Eligible participants; simplified application

procedures; report to Secretary; allocation

criteria; guidelines.

(e) Reports to Congress.

5908. Patents and inventions.

(a) Vesting of title to invention and issuance of

patents to United States; prerequisites.

(b) Contract as requiring report to Secretary of

invention, etc., made in course of contract.

(c) Waiver by Secretary of rights of United States;

regulations prescribing procedures; record of

waiver determinations; objectives.

(d) Considerations applicable at time of

contracting for waiver determination by

Secretary.

(e) Considerations applicable to identified

invention for waiver determination by

Secretary.

(f) Rights subject to reservation where title to

invention vested in United States.

(g) to (i) Repealed.

(j) Small business status of applicant for waiver

or licenses.

(k) Protection of invention, etc., rights by

Secretary.

(l) Department of Energy as defense agency of

United States for purpose of maintaining

secrecy of inventions.

(m) Definitions.

(n) Report concerning applicability of existing

patent policies to energy programs; time for

submission to President and appropriate

Congressional committees.

5909. Relationship to antitrust laws.

5910. Repealed.

5911. Allocation or acquisition of essential materials and

equipment pursuant to Presidential rule or order;

transmission to Congress and effective date of

proposed rule or order; disapproval by Congress.

5912. Water resource assessments.

(a) Assessments by Water Resources Council of water

resource requirements and water supply

availability for nonnuclear energy

technologies; preparation requirements.

(b) Request by Secretary that Water Resources

Council prepare assessment of availability of

adequate water resources for proposed

demonstration projects; report; publication.

(c) Assessment by Water Resources Council of

availability of adequate water resources as

precondition for Federal assistance for

commercial application of nonnuclear energy

technologies.

(d) Publication of reports of assessments and

evaluations by Water Resources Council in

Federal Register; public review and comments.

(e) Inclusion of survey and analysis of regional

and national water resource availability in

biennial assessment by Water Resources

Council.

(f) Secretary as member of Water Resources Council.

5913. Evaluation by National Institute of Standards and

Technology of energy-related inventions prior to

awarding of grants by Secretary; promulgation of

regulations.

5914. Omitted.

5915. Authorization of appropriations.

5915a. Expiration of initial authorization to construct

fossil energy demonstration plants.

5916. Central source of nonnuclear energy information;

acquisition of proprietary and other information;

availability of information to public, Government

agencies, Federal agencies and agency heads for

execution of duties and responsibilities, and

chairmen of Congressional committees; disclosure

restrictions.

5917. Energy information.

5918. Repealed.

5919. Loan guarantees and commitments for alternative fuel

demonstration facilities.

(a) Statement of purpose.

(b) Issuance of obligations for alternative fuel

conversion facilities; terms and conditions;

rules and regulations; informational

requirements; concurrence of Secretary of

Treasury to terms and conditions; pledge of

full faith and credit of United States;

cooperative agreements for construction, etc.,

of modular facilities; bidding practices.

(c) Prerequisites.

(d) Repealed.

(e) Impact on communities, States, and Indian

tribes; notice to State and local officials;

procedures applicable for further action by

Secretary subsequent to negative

recommendation by State Governor; criteria and

determinations relating to approval by

Secretary of construction and operation plans;

establishment, membership, etc., of advisory

panel.

(f) Termination, cancellation, revocation;

conclusiveness; contestability.

(g) Default by borrower; procedures applicable to

payment by Secretary and rights of

subrogation; notice to Attorney General by

Secretary for further action; protection for

benefit of United States of patents and

technologies of defaulting project through

agreements, etc.

(h) Contracts to pay, and payment of principal and

interest by Secretary of unpaid balance of

guaranteed obligations; prerequisites.

(i) Time for issuance of regulations; procedures

applicable to issuance of regulations and

amendments.

(j) Fees for guarantees of obligations;

determination of amounts; excepted guarantees.

(k) Community development and planning assistance

guarantees; terms and conditions; rules and

regulations; concurrence of Secretary of

Treasury to terms and conditions; payment of

taxes in event of default by borrower;

additional direct loans and grants; redemption

of debt obligations; funding requirements and

authorizations; facility title vesting and

status upon default.

(l) Annual reporting requirements; contents, etc.

(m) Congressional finalization of guarantee, etc.,

subsequent to report to Congressional

committees; scope of authority.

(n) Revolving fund; creation; funding; payments and

transfers to general fund of Treasury;

issuance, redemption, etc., of notes or

obligations; applicability to direct loans or

planning grants.

(o) Definitions.

(p) Citizenship or nationality requirements for

applicants; waiver.

(q) Transfer of part of program to other agency or

authority.

(r) Statutory provisions applicable to inventions.

(s) Compliance by persons receiving financial

assistance with Federal and State

environmental, etc., laws and regulations, and

licensing requirements.

(t) Availability of information; procedures

applicable; scope of disclosure; persons to

whom disclosure may be made; "person" defined.

(u) Scope of exercise of statutory authorities.

(v) Nondiscrimination requirements; scope of

exemption from requirements for Indian tribes.

(w) Participation by small business concerns in

program.

(x) Recordkeeping requirements; audit by

Comptroller General; labor standards at

construction facilities.

(y) Issuance of obligations for synthetic fuel

conversion facilities and municipal organic

waste energy generation facilities; rules and

regulations; statutory provisions

inapplicable; limitation on outstanding

indebtedness; additional procedural

requirements and terms and conditions

applicable.

5920. Financial support program for municipal waste

reprocessing demonstration facilities.

(a) Statement of purpose.

(b) Grants, contracts, price supports, and

cooperative agreements implementing programs;

aggregate amount of funds available;

"municipal" defined; ownership, operation,

etc., of facilities; Federal share; price

support program regulations for revenue

producing products.

(c) Consultation with Environmental Protection

Agency to insure compliance with provisions

relating to solid waste disposal full-scale

demonstration facilities; administration of

projects subject to May 7, 1976, Interagency

Agreement.

(d) Guidelines for obtaining program information

from municipalities; availability of

information, etc., to Congressional

committees; annual reports to Congress;

contents, etc.

(e) Transfer of part of program to other agency or

authority.

(f) Compliance by municipalities receiving

financial assistance with Federal and State

environmental, etc., laws and regulations, and

licensing requirements.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 5903d, 5907a, 6981,

7135a, 7259a, 8837, 13435, 13541 of this title; title 7 sections

341, 427, 1932; title 15 sections 2507, 2705, 5103, 5303.

-End-

-CITE-

42 USC Sec. 5901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5901. Congressional statement of findings

-STATUTE-

The Congress hereby finds that -

(a) The Nation is suffering from a shortage of environmentally

acceptable forms of energy.

(b) Compounding this energy shortage is our past and present

failure to formulate a comprehensive and aggressive research and

development program designed to make available to American

consumers our large domestic energy reserves including fossil

fuels, nuclear fuels, geothermal resources, solar energy, and other

forms of energy. This failure is partially because the

unconventional energy technologies have not been judged to be

economically competitive with traditional energy technologies.

(c) The urgency of the Nation's energy challenge will require

commitments similar to those undertaken in the Manhattan and Apollo

projects; it will require that the Nation undertake a research,

development, and demonstration program in nonnuclear energy

technologies with a total Federal investment which may reach or

exceed $20,000,000,000 over the next decade.

(d) In undertaking such program, full advantage must be taken of

the existing technical and managerial expertise in the various

energy fields within Federal agencies and particularly in the

private sector.

(e) The Nation's future energy needs can be met if a national

commitment is made now to dedicate the necessary financial

resources, to enlist our scientific and technological capabilities,

and to accord the proper priority to developing new nonnuclear

energy options to serve national needs, conserve vital resources,

and protect the environment.

-SOURCE-

(Pub. L. 93-577, Sec. 2, Dec. 31, 1974, 88 Stat. 1879.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 93-577 provided that: "This Act [enacting

this chapter] may be cited as the 'Federal Nonnuclear Energy

Research and Development Act of 1974'."

-End-

-CITE-

42 USC Sec. 5902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5902. Congressional declaration of policy and purpose;

implementation and administration of program by Secretary of

Energy

-STATUTE-

(a) It is the policy of the Congress to develop on an urgent

basis the technological capabilities to support the broadest range

of energy policy options through conservation and use of domestic

resources by socially and environmentally acceptable means.

(b)(1) The Congress declares the purpose of this chapter to be to

establish and vigorously conduct a comprehensive, national program

of basic and applied research and development, including but not

limited to demonstrations of practical applications, of all

potentially beneficial energy sources and utilization technologies,

within the Department of Energy.

(2) In carrying out this program, the Secretary of Energy

(hereinafter in this chapter referred to as the "Secretary") shall

be governed by the terms of this chapter and other applicable

provisions of law with respect to all nonnuclear aspects of the

research, development, and demonstration program; and the policies

and provisions of the Atomic Energy Act of 1954 [42 U.S.C. 2011 et

seq.], and other provisions of law shall continue to apply to the

nuclear research, development, and demonstration program.

(3) In implementing and conducting the research, development, and

demonstration programs pursuant to this chapter, the Secretary

shall incorporate programs in specific nonnuclear technologies

previously enacted into law, including those established by the

Solar Heating and Cooling Act of 1974 (Public Law 93-409) [42

U.S.C. 5501 et seq.], the Geothermal Energy Research, Development,

and Demonstration Act of 1974 (Public Law 93-410) [30 U.S.C. 1101

et seq.], and the Solar Energy Research, Development, and

Demonstration Act of 1974 (Public Law 93-473) [42 U.S.C. 5551 et

seq.].

-SOURCE-

(Pub. L. 93-577, Sec. 3, Dec. 31, 1974, 88 Stat. 1879; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (b)(2), 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 Solar Heating and Cooling Act of 1974, referred to in subsec.

(b)(3), probably means the Solar Heating and Cooling Demonstration

Act of 1974, Pub. L. 93-409, Sept. 3, 1974, 88 Stat. 1069, as

amended, which is classified generally to subchapter I (Sec. 5501

et seq.) of chapter 71 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

5501 of this title and Tables.

The Geothermal Energy Research, Development, and Demonstration

Act of 1974, referred to in subsec. (b)(3), is Pub. L. 93-410,

Sept. 3, 1974, 88 Stat. 1079, as amended, which is classified

generally to chapter 24 (Sec. 1101 et seq.) of Title 30, Mineral

Lands and Mining. For complete classification of this Act to the

Code, see Short Title note set out under section 1101 of Title 30

and Tables.

The Solar Energy Research, Development, and Demonstration Act of

1974, referred to in subsec. (b)(3), is Pub. L. 93-473, Oct. 26,

1974, 88 Stat. 1431, as amended, which is classified generally to

subchapter II (Sec. 5551 et seq.) of chapter 71 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 5501 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

"Department of Energy", "Secretary of Energy", and "Secretary"

substituted for "Energy Research and Development Administration",

"Administrator of the Energy Research and Development

Administration", and "Administrator", respectively, in subsec. (b)

pursuant to sections 301(a), 703, and 707 of Pub. L. 95-91, which

are classified to sections 7151(a), 7293, and 7297 of this title

and which terminated Energy Research and Development Administration

and transferred its functions and functions of Administrator

thereof (with certain exceptions) to Secretary of Energy.

-End-

-CITE-

42 USC Sec. 5903 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5903. Duties and functions of Secretary

-STATUTE-

The Secretary shall -

(a) review the current status of nonnuclear energy resources

and current nonnuclear energy research and development

activities, including research and development being conducted by

Federal and non-Federal entities;

(b) formulate and carry out a comprehensive Federal nonnuclear

energy research, development, and demonstration program which

will expeditiously advance the policies established by this

chapter and other relevant legislation establishing programs in

specific energy technologies;

(c) utilize the funds authorized pursuant to this chapter to

advance energy research and development by initiating and

maintaining, through fund transfers, grants, or contracts, energy

research, development and demonstration programs or activities

utilizing the facilities, capabilities, expertise, and experience

of Federal agencies, national laboratories, universities,

nonprofit organizations, industrial entities, and other

non-Federal entities which are appropriate to each type of

research, development, and demonstration activity;

(d) establish procedures for periodic consultation with

representatives of science, industry, environmental

organizations, consumers, and other groups who have special

expertise in the areas of energy research, development, and

technology; and

(e) initiate programs to design, construct, and operate energy

facilities of sufficient size to demonstrate the technical and

economic feasibility of utilizing various forms of nonnuclear

energy.

-SOURCE-

(Pub. L. 93-577, Sec. 4, Dec. 31, 1974, 88 Stat. 1880; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted in text for

"Administrator", meaning Administrator of Energy Research and

Development Administration, pursuant to sections 301(a), 703, and

707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-MISC1-

CLASSIFICATION OF RECIPIENTS OF AWARDS, CONTRACTS, OR OTHER

FINANCIAL ARRANGEMENTS; REPORTING REQUIREMENT

Pub. L. 95-39, title I, Sec. 111, June 3, 1977, 91 Stat. 186,

provided that:

"(a) The Administrator [now Secretary of Energy] shall classify

each recipient of any award, contract, or other financial

arrangement in any nonnuclear research, development, or

demonstration category as -

"(1) a Federal agency,

"(2) a non-Federal governmental entity,

"(3) a profitmaking enterprise (indicating whether or not it is

a small business concern),

"(4) a nonprofit enterprise other than an educational

institution, or

"(5) a nonprofit educational institution.

"(b) The information required by subsection (a), along with the

dollar amount of each award, contract, or other financial

arrangement made, shall be included as an appendix to the annual

report required by section 15(a) of the Federal Nonnuclear Energy

Research and Development Act of 1974 ([former] 42 U.S.C. 5914):

Provided, That small purchases or contracts of less than $10,000,

which are excepted from the requirements of advertising by section

252(c)(3) of title 41, United States Code, shall be exempt from the

reporting requirements of this section."

-End-

-CITE-

42 USC Sec. 5903a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5903a. Nonduplication of programs, projects, and research

facilities

-STATUTE-

The Secretary shall coordinate nonnuclear programs of the

Department of Energy with the heads of relevant Federal agencies in

order to minimize unnecessary duplication of programs, projects,

and research facilities.

-SOURCE-

(Pub. L. 94-187, title III, Sec. 309, Dec. 31, 1975, 89 Stat. 1074;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607.)

-COD-

CODIFICATION

Section was not enacted as a part of the Federal Nonnuclear

Energy Research and Development Act of 1974 which comprises this

chapter.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted in text for

"Administrator", meaning Administrator of Energy Research and

Development Administration, and "Department of Energy" substituted

in text for "Administration" pursuant to sections 301(a), 703, and

707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-End-

-CITE-

42 USC Sec. 5903b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5903b. Environmental and safety research, development, and

demonstration program

-STATUTE-

The Secretary shall conduct an environmental and safety research,

development, and demonstration program related to fossil fuels.

-SOURCE-

(Pub. L. 94-187, title III, Sec. 316, Dec. 31, 1975, 89 Stat. 1077;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607.)

-COD-

CODIFICATION

Section was not enacted as a part of the Federal Nonnuclear

Energy Research and Development Act of 1974 which comprises this

chapter.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted in text for

"Administrator", meaning Administrator of Energy Research and

Development Administration, pursuant to sections 301(a), 703, and

707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-End-

-CITE-

42 USC Sec. 5903c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5903c. Moneys received by Secretary from fossil energy

activity; payment into Treasury; reports to House and Senate

Committees

-STATUTE-

All moneys received by the Secretary from any fossil energy

activity shall be paid into the Treasury to the credit of

miscellaneous receipts, except that on December 1 of each year the

Secretary shall provide to the Committee on Science, Space, and

Technology of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate a report of all such

receipts for the preceding fiscal year, including, but not limited

to, the amount and source of such revenues and the program and

subprogram activity generating such revenues.

-SOURCE-

(Pub. L. 95-39, title I, Sec. 106, June 3, 1977, 91 Stat. 184; Pub.

L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug.

4, 1977, 91 Stat. 577, 606, 607; Pub. L. 103-437, Sec. 15(c)(8),

Nov. 2, 1994, 108 Stat. 4592.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Nonnuclear Energy

Research and Development Act of 1974 which comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Committee on Science, Space,

and Technology" for "Committee on Science and Technology".

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted in text for

"Administrator", meaning Administrator of Energy Research and

Development Administration, pursuant to sections 301(a), 703, and

707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-End-

-CITE-

42 USC Sec. 5903d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5903d. Clean coal technology projects; proposals,

implementation, funding, etc.

-STATUTE-

Within 60 days following December 19, 1985, the Secretary of

Energy shall, pursuant to the Federal Nonnuclear Energy Research

and Development Act of 1974 (42 U.S.C. 5901, et seq.), issue a

general request for proposals for clean coal technology projects

for which the Secretary of Energy upon review may provide financial

assistance awards. Proposals for clean coal technology projects

under this section shall be submitted to the Department of Energy

within 60 days after issuance of the general request for proposals.

The Secretary of Energy shall make any project selections no later

than August 1, 1986: Provided, That the Secretary may vest fee

title or other property interests acquired under cost-shared clean

coal technology agreements in any entity, including the United

States: Provided further, That the Secretary shall not finance more

than 50 per centum of the total costs of a project as estimated by

the Secretary as of the date of award of financial assistance:

Provided further, That cost-sharing by project sponsors is required

in each of the design, construction, and operating phases proposed

to be included in a project: Provided further, That financial

assistance for costs in excess of those estimated as of the date of

award of original financial assistance may not be provided in

excess of the proportion of costs borne by the Government in the

original agreement and only up to 25 per centum of the original

financial assistance: Provided further, That revenues or royalties

from prospective operation of projects beyond the time considered

in the award of financial assistance, or proceeds from prospective

sale of the assets of the project, or revenues or royalties from

replication of technology in future projects or plants are not

cost-sharing for the purposes of this appropriation: Provided

further, That other appropriated Federal funds are not cost-sharing

for the purposes of this appropriation: Provided further, That

existing facilities, equipment, and supplies, or previously

expended research or development funds are not cost-sharing for the

purposes of this appropriation, except as amortized, depreciated,

or expensed in normal business practice.

-SOURCE-

(Pub. L. 99-190, Sec. 101(d) [title II, Sec. 201], Dec. 19, 1985,

99 Stat. 1224, 1251.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Nonnuclear Energy Research and Development Act of

1974, referred to in text, is Pub. L. 93-577, Dec. 31, 1974, 88

Stat. 1878, as amended, which is classified generally to this

chapter (Sec. 5901 et seq.). For complete classification of this

Act to the Code, see Short Title note set out under section 5901 of

this title and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Nonnuclear Energy

Research and Development Act of 1974 which comprises this chapter.

-MISC1-

PROVISIONS RELATING TO PROJECTS USING CLEAN COAL TECHNOLOGIES

Provisions relating to projects using clean coal technologies

were contained in the following appropriations acts:

Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1019; Pub. L.

103-211, title II, Feb. 12, 1994, 108 Stat. 18.

Pub. L. 101-512, title II, Nov. 5, 1990, 104 Stat. 1944; Pub. L.

103-211, title II, Feb. 12, 1994, 108 Stat. 18.

Pub. L. 101-121, title II, Oct. 23, 1989, 103 Stat. 728.

Pub. L. 100-446, title II, Sept. 27, 1988, 102 Stat. 1811.

Pub. L. 100-202, Sec. 101(g) [title II], Dec. 22, 1987, 101 Stat.

1329-213, 1329-240.

Pub. L. 99-500, Sec. 101(h) [title II], Oct. 18, 1986, 100 Stat.

1783-242, 1783-272, and Pub. L. 99-591, Sec. 101(h) [title II],

Oct. 30, 1986, 100 Stat. 3341-242, 3341-272.

-End-

-CITE-

42 USC Sec. 5904 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5904. Research, development, and demonstration program

governing principles

-STATUTE-

(a) The Congress authorizes and directs that the comprehensive

program in research, development, and demonstration required by

this chapter shall be designed and executed according to the

following principles:

(1) Energy conservation shall be a primary consideration in the

design and implementation of the Federal nonnuclear energy

program. For the purposes of this chapter, energy conservation

means both improvement in efficiency of energy production and

use, and reduction in energy waste.

(2) The environmental and social consequences of a proposed

program shall be analyzed and considered in evaluating its

potential.

(3) Any program for the development of a technology which may

require significant consumptive use of water after the technology

has reached the stage of commercial application shall include

thorough consideration of the impacts of such technology and use

on water resources pursuant to the provisions of section 5912 of

this title.

(4) Heavy emphasis shall be given to those technologies which

utilize renewable or essentially inexhaustible energy sources.

(5) The potential for production of net energy by the proposed

technology at the stage of commercial application shall be

analyzed and considered in evaluating proposals.

(b) The Congress further directs that the execution of the

comprehensive research, development, and demonstration program

shall conform to the following principles:

(1) Research and development of nonnuclear energy sources shall

be pursued in such a way as to facilitate the commercial

availability of adequate supplies of energy to all regions of the

United States.

(2) In determining the appropriateness of Federal involvement

in any particular research and development undertaking, the

Secretary shall give consideration to the extent to which the

proposed undertaking satisfies criteria including, but not

limited to, the following:

(A) The urgency of public need for the potential results of

the research, development, or demonstration effort is high, and

it is unlikely that similar results would be achieved in a

timely manner in the absence of Federal assistance.

(B) The potential opportunities for non-Federal interests to

recapture the investment in the undertaking through the normal

commercial utilization of proprietary knowledge appear

inadequate to encourage timely results.

(C) The extent of the problems treated and the objectives

sought by the undertaking are national or widespread in their

significance.

(D) There are limited opportunities to induce non-Federal

support of the undertaking through regulatory actions, end use

controls, tax and price incentives, public education, or other

alternatives to direct Federal financial assistance.

(E) The degree of risk of loss of investment inherent in the

research is high, and the availability or risk capital to the

non-Federal entities which might otherwise engage in the field

of the research is inadequate for the timely development of the

technology.

(F) The magnitude of the investment appears to exceed the

financial capabilities of potential non-Federal participants in

the research to support effective efforts.

-SOURCE-

(Pub. L. 93-577, Sec. 5, Dec. 31, 1974, 88 Stat. 1880; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted in text for

"Administrator", meaning Administrator of Energy Research and

Development Administration, pursuant to sections 301(a), 703, and

707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-MISC1-

NATIONAL ALCOHOL FUELS COMMISSION

Pub. L. 95-599, title I, Sec. 170, Nov. 6, 1978, 92 Stat. 2724,

as amended by Pub. L. 96-106, Sec. 20, Nov. 9, 1979, 93 Stat. 799,

established the National Alcohol Fuels Commission, directed the

Commission to make a full and complete investigation and study of

the long- and short-term potential for alcohol fuels, from biomass

(including but not limited to, animal, crop and wood waste,

municipal and industrial waste, sewage sludge, and ocean and

terrestrial crops) and coal, to contribute to meeting the Nation's

energy needs, and provided that, not later than eighteen months

after being established, the Commission submit to the President and

the Congress its final report including its recommendations and

findings, with the Commission to cease to exist six months after

submission of such report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5907 of this title.

-End-

-CITE-

42 USC Sec. 5905 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5905. Comprehensive plan and implementing program for energy

research, development, and demonstration; transmission to

Congress; purposes; scope of program; comprehensive environment

and safety program implementing plan; development and

transmission to Congress

-STATUTE-

(a) Pursuant to the authority and directions of this chapter and

the Energy Reorganization Act of 1974 (Public Law 93-438) [42

U.S.C. 5801 et seq.], the Department of Energy Organization Act (42

U.S.C. 7101 et seq.), and titles XX through XXIII of the Energy

Policy Act of 1992 [42 U.S.C. 13401 et seq., 13451 et seq., 13501

et seq., 13521 et seq.], the Secretary, in consultation with the

Advisory Board established under section 2302 of the Energy Policy

Act of 1992 [42 U.S.C. 13522], shall transmit to the Congress, on

or before June 30, 1975, a comprehensive plan for energy research,

development, and demonstration. This plan shall be appropriately

revised annually as provided in section 5914(a) (!1) of this title.

Such plan shall be designed to achieve -

(1) solutions to immediate and short-term (the period up to 5

years after submission of the plan or its annual revision) energy

supply system and associated environmental problems;

(2) solutions to middle-term (the period from 5 years to 10

years after submission of the plan or its annual revision) energy

supply system and associated environmental problems; and

(3) solutions to long-term (the period beyond 10 years after

submission of the plan or its annual revision) energy supply

system and associated environmental problems.

(b)(1) Based on the comprehensive energy research, development,

and demonstration plan developed under subsection (a) of this

section, the Secretary, in consultation with the Advisory Board

established under section 2302 of the Energy Policy Act of 1992 [42

U.S.C. 13522], shall develop and transmit to the Congress, on or

before June 30, 1975, a comprehensive nonnuclear energy research,

development, and demonstration program to implement the nonnuclear

research, development, and demonstration aspects of the

comprehensive plan. Such program shall be updated and transmitted

to the Congress annually as part of the report required under

section 5914 (!1) of this title.

(2) This program shall be designed to achieve solutions to the

energy supply and associated environmental problems in the

immediate and short-term, middle-term, and long-term time intervals

described in subsection (a)(1) through (3) of this section. In

formulating the nonnuclear aspects of this program, the Secretary,

in consultation with the Advisory Board established under section

2302 of the Energy Policy Act of 1992 [42 U.S.C. 13522], shall

evaluate the economic, environmental, and technological merits of

each aspect of the program.

(3) The Secretary shall assign program elements and activities in

specific nonnuclear energy technologies, to the short-term,

middle-term, and long-term time intervals, and shall present full

and complete justification for these assignments and the degree of

emphasis for each. These program elements and activities shall

include, but not be limited to, research, development, and

demonstrations designed -

(A) to advance energy conservation technologies, including but

not limited to -

(i) productive use of waste, including garbage, sewage,

agricultural wastes, and industrial waste heat;

(ii) reuse and recycling of materials and consumer products;

(iii) improvements in automobile design for increased

efficiency and lowered emissions, including investigation of

the full range of alternatives to the internal combustion

engine and systems of efficient public transportation; and

(iv) advanced urban and architectural design to promote

efficient energy use in the residential and commercial sectors,

improvements in home design and insulation technologies, small

thermal storage units and increased efficiency in electrical

appliances and lighting fixtures;

(B) to accelerate the commercial demonstration of technologies

for producing low-sulfur fuels suitable for boiler use;

(C) to demonstrate improved methods for the generation,

storage, and transmission of electrical energy through (i)

advances in gas turbine technologies, combined power cycles, the

use of low British thermal unit gas and, if practicable,

magnetohydrodynamics; (ii) storage systems to allow more

efficient load following, including the use of inertial energy

storage systems; and (iii) improvement in cryogenic transmission

methods;

(D) to accelerate the commercial demonstration of technologies

for producing substitutes for natural gas, including coal

gasification: Provided, That the Secretary shall invite and

consider proposals from potential participants based upon Federal

assistance and participation in the form of a joint

Federal-industry corporation, and recommendations pursuant to

this clause shall be accompanied by a report on the viability of

using this form of Federal assistance or participation;

(E) to accelerate the commercial demonstration of technologies

for producing syncrude and liquid petroleum products from coal:

Provided, That the Secretary shall invite and consider proposals

from potential participants based upon Federal assistance and

participation through guaranteed prices or purchase of the

products, and recommendations pursuant to this clause shall be

accompanied by a report on the viability of using this form of

Federal assistance or participation;

(F) in accordance with the program authorized by the Geothermal

Energy Research, Development, and Demonstration Act of 1974

(Public Law 93-410) [30 U.S.C. 1101 et seq.], to accelerate the

commercial demonstration of geothermal energy technologies;

(G) to demonstrate the production of syncrude from oil shale by

all promising technologies including in situ technologies;

(H) to demonstrate new and improved methods for the extraction

of petroleum resources, including secondary and tertiary recovery

of crude oil;

(I) to demonstrate the economics and commercial viability of

solar energy for residential and commercial energy supply

applications in accordance with the program authorized by the

Solar Heating and Cooling Act of 1974 (Public Law 93-409) [42

U.S.C. 5501 et seq.];

(J) to accelerate the commercial demonstration of environmental

control systems for energy technologies developed pursuant to

this chapter;

(K) to investigate the technical and economic feasibility of

tidal power for supplying electrical energy;

(L) to commercially demonstrate advanced solar energy

technologies in accordance with the Solar Research, Development,

and Demonstration Act of 1974 (Public Law 93-473) [42 U.S.C. 5551

et seq.];

(M) to determine the economics and commercial viability of the

production of synthetic fuels such as hydrogen and methanol;

(N) to commercially demonstrate the use of fuel cells for

central station electric power generation;

(O) to determine the economics and commercial viability of in

situ coal gasification;

(P) to improve techniques for the management of existing energy

systems by means of quality control; application of systems

analysis, communications, and computer techniques; and public

information with the objective of improving the reliability and

efficiency of energy supplies and encourage the conservation of

energy resources;

(Q) to improve methods for the prevention and cleanup of marine

oil spills;

(R) to implement the Renewable Energy and Energy Efficiency

Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et seq.);

and

(S) to implement titles XX through XXIII of the Energy Policy

Act of 1992 [42 U.S.C. 13401 et seq., 13451 et seq., 13501 et

seq., 13521 et seq.].

(c) Based upon the comprehensive plan developed under subsection

(a) of this section, the Secretary, in consultation with the

Advisory Board established under section 2302 of the Energy Policy

Act of 1992 [42 U.S.C. 13522], shall develop and transmit to the

Congress, on or before September 1, 1978, a comprehensive

environment and safety program to insure the full consideration and

evaluation of all environmental, health, and safety impacts of each

element, program, or initiative contained in the nuclear and

nonnuclear energy research, development, and demonstration plans.

Such program shall be updated and transmitted to the Congress

annually as part of the report required under section 5914 (!1) of

this title.

-SOURCE-

(Pub. L. 93-577, Sec. 6, Dec. 31, 1974, 88 Stat. 1881; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607; Pub. L. 95-238, title II, Sec.

206(a), Feb. 25, 1978, 92 Stat. 61; Pub. L. 102-486, title XXIII,

Sec. 2303(a), Oct. 24, 1992, 106 Stat. 3092.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Reorganization Act of 1974, referred to in subsec.

(a), is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as amended,

which is classified principally to chapter 73 (Sec. 5801 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 5801 of this title and

Tables.

The Department of Energy Organization Act, referred to in subsec.

(a), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,

which is classified principally to chapter 84 (Sec. 7101 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 7101 of this title and

Tables.

The Energy Policy Act of 1992, referred to in subsecs. (a) and

(b)(3)(S), is Pub. L. 102-486, Oct. 24, 1992, 106 Stat. 2776.

Titles XX through XXIII of the Act are classified generally to

subchapters VIII (Sec. 13401 et seq.), IX (Sec. 13451 et seq.), X

(Sec. 13501 et seq.), and XI (Sec. 13521 et seq.), respectively, of

chapter 134 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 13201 of

this title and Tables.

Section 5914 of this title, referred to in subsecs. (a), (b)(1),

and (c), was omitted from the Code.

The Solar Heating and Cooling Act of 1974, referred to in subsec.

(b)(3), probably means the Solar Heating and Cooling Demonstration

Act of 1974, Pub. L. 93-409, Sept. 3, 1974, 88 Stat. 1069, as

amended, which is classified generally to subchapter I (Sec. 5501

et seq.) of chapter 71 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

5501 of this title and Tables.

The Geothermal Energy Research, Development, and Demonstration

Act of 1974, referred to in subsec. (b)(3)(F), is Pub. L. 93-410,

Sept. 3, 1974, 88 Stat. 1079, as amended, which is classified

generally to chapter 24 (Sec. 1101 et seq.) of Title 30, Mineral

Lands and Mining. For complete classification of this Act to the

Code, see Short Title note set out under section 1101 of Title 30

and Tables.

The Solar Research, Development, and Demonstration Act of 1974,

referred to in subsec. (b)(3)(L), probably means the Solar Energy

Research, Development, and Demonstration Act of 1974, Pub. L.

93-473, Oct. 26, 1974, 88 Stat. 1431, as amended, which is

classified generally to subchapter II (Sec. 5551 et seq.) of

chapter 71 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 5551 of

this title and Tables.

The Renewable Energy and Energy Efficiency Technology

Competitiveness Act of 1989, referred to in subsec. (b)(3)(R), is

Pub. L. 101-218, Dec. 11, 1989, 103 Stat. 1859, which is classified

principally to chapter 125 (Sec. 12001 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 12001 of this title and Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 2303(a)(1)(A),

substituted "the Department of Energy Organization Act (42 U.S.C.

7101 et seq.), and titles XX through XXIII of the Energy Policy Act

of 1992, the Secretary, in consultation with the Advisory Board

established under section 2302 of the Energy Policy Act of 1992,"

for "the Administrator".

Subsec. (a)(1). Pub. L. 102-486, Sec. 2303(a)(1)(B), substituted

"(the period up to 5 years after submission of the plan or its

annual revision)" for "(to the early 1980's)".

Subsec. (a)(2). Pub. L. 102-486, Sec. 2303(a)(1)(C), substituted

"(the period from 5 years to 10 years after submission of the plan

or its annual revision)" for "(the early 1980's to 2000)".

Subsec. (a)(3). Pub. L. 102-486, Sec. 2303(a)(1)(D), substituted

"(the period beyond 10 years after submission of the plan or its

annual revision)" for "(beyond 2000)".

Subsec. (b)(1). Pub. L. 102-486, Sec. 2303(a)(2)(B), inserted at

end "Such program shall be updated and transmitted to the Congress

annually as part of the report required under section 5914 of this

title."

Pub. L. 102-486, Sec. 2303(a)(2)(A), substituted "Secretary, in

consultation with the Advisory Board established under section 2302

of the Energy Policy Act of 1992," for "Administrator".

Subsec. (b)(2). Pub. L. 102-486, Sec. 2303(a)(2)(C), substituted

", middle-term, and long-term time intervals described in

subsection (a)(1) through (3) of this section" for "(to the early

1980's), middle-term (the early 1980's to 2000), and long-term

(beyond 2000) time intervals".

Pub. L. 102-486, Sec. 2303(a)(2)(A), substituted "Secretary, in

consultation with the Advisory Board established under section 2302

of the Energy Policy Act of 1992," for "Administrator".

Subsec. (b)(3). Pub. L. 102-486, Sec. 2303(a)(2)(D)-(F), added

subpars. (R) and (S).

Subsec. (c). Pub. L. 102-486, Sec. 2303(a)(3)(B), inserted at end

"Such program shall be updated and transmitted to the Congress

annually as part of the report required under section 5914 of this

title."

Pub. L. 102-486, Sec. 2303(a)(3)(A), substituted "Secretary, in

consultation with the Advisory Board established under section 2302

of the Energy Policy Act of 1992," for "Administrator".

1978 - Subsec. (c). Pub. L. 95-238 added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted for

"Administrator", meaning Administrator of Energy Research and

Development Administration, in subsec. (b)(3) pursuant to sections

301(a), 703, and 707 of Pub. L. 95-91, which are classified to

sections 7151(a), 7293, and 7297 of this title and which terminated

Energy Research and Development Administration and transferred its

functions and functions of Administrator thereof (with certain

exceptions) to Secretary of Energy.

-MISC2-

NONAPPLICABILITY OF TITLE II OF PUB. L. 95-238 TO ANY AUTHORIZATION

OR APPROPRIATION FOR MILITARY APPLICATION OF NUCLEAR ENERGY, ETC.;

DEFINITIONS

Nonapplicability of provisions of title II of Pub. L. 95-238 with

respect to any authorization or appropriation for any military

application of nuclear energy, etc., see section 209 of Pub. L.

95-238, set out as a note under section 5821 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12006, 13522 of this

title; title 15 section 2709.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5906 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5906. Federal assistance and participation in programs

-STATUTE-

(a) Forms of activities authorized

In carrying out the objectives of this chapter, the Secretary may

utilize various forms of Federal assistance and participation which

may include but are not limited to -

(1) joint Federal-industry experimental, demonstration, or

commercial corporations consistent with the provisions of

subsection (b) of this section;

(2) contractual arrangements with non-Federal participants

including corporations, consortia, universities, governmental

entities and nonprofit institutions;

(3) contracts for the construction and operation of federally

owned facilities;

(4) Federal purchases or guaranteed price of the products of

demonstration plants or activities consistent with the provisions

of subsection (c) of the section;

(5) Federal loans to non-Federal entities conducting

demonstrations of new technologies;

(6) incentives, including financial awards, to individual

inventors, such incentives to be designed to encourage the

participation of a large number of such inventors; and

(7) Federal loan guarantees and commitments thereof as provided

in section 5919 (!1) of this title.

(b) Proposed joint Federal-industry corporations; operational

guidelines; powers, duties, and functions; composition; scope of

Federal assistance and participation; specific authorization

Joint Federal-industry corporations proposed for congressional

authorization pursuant to this chapter shall be subject to the

provisions of section 5908 of this title and shall conform to the

following guidelines except as otherwise authorized by Congress:

(1) Each such corporation may design, construct, operate, and

maintain one or more experimental, demonstration, or

commercial-size facilities, or other operations which will

ascertain the technical, environmental, and economic feasibility

of a particular energy technology. In carrying out this function,

the corporation shall be empowered, either directly or by

contract, to utilize commercially available technologies, perform

tests, or design, construct, and operate pilot plants, as may be

necessary for the design of the full-scale facility.

(2) Each corporation shall have -

(A) a Board of nine directors consisting of individuals who

are citizens of the United States, of whom one shall be elected

annually by the Board to serve as Chairman. The Board shall be

empowered to adopt and amend bylaws. Five members of the Board

shall be appointed by the President of the United States, by

and with the advice and consent of the Senate, and four members

of the Board shall be appointed by the President on the basis

of recommendations received by him from any non-Federal entity

or entities entering into contractual arrangements to

participate in the corporation;

(B) a President and such other officers and employees as may

be named and appointed by the Board (with the rates of

compensation of all officers and employees being fixed by the

Board); and

(C) the usual powers conferred upon corporations by the laws

of the District of Columbia.

(3) An appropriate time interval, not to exceed 12 years, shall

be established for the term of Federal participation in the

corporation, at the expiration of which the Board of Directors

shall take such action as may be necessary to dissolve the

corporation or otherwise terminate Federal participation and

financial interests. In carrying out such dissolution, the Board

of Directors shall dispose of all physical facilities of the

corporation in such manner and subject to such terms and

conditions as the Board determines are in the public interest and

consistent with existing law; and a share of the appraised value

of the corporate assets proportional to the Federal participation

in the corporation, including the proceeds from the disposition

of such facilities, on the date of its dissolution, after

satisfaction of all its legal obligations, shall be made

available to the United States and deposited in the Treasury of

the United States as miscellaneous receipts. All patent rights of

the corporation shall, on such date of dissolution, be vested in

the Secretary: Provided, That Federal participation may be

terminated prior to the time established in the authorizing Act

upon recommendation of the Board of Directors.

(4) Any commercially valuable product produced by demonstration

facilities shall be disposed of in such manner and under such

terms and conditions as the corporation shall prescribe. All

revenues received by the corporation from the sale of such

products shall be available to the corporation for use by it in

defraying expenses incurred in connection with carrying out its

functions to which this chapter applies.

(5) The estimated Federal share of the construction, operation,

and maintenance cost over the life of each corporation shall be

determined in order to facilitate a single congressional

authorization of the full amount at the time of establishment of

the corporation.

(6) The Federal share of the cost of each such corporation

shall reflect (A) the technical and economic risk of the venture,

(B) the probability of any financial return to the non-Federal

participants arising from the venture, (C) the financial

capability of the potential non-Federal participants, and (D)

such other factors as the Secretary may set forth in proposing

the corporation: Provided, That in no instance shall the Federal

share exceed 90 per centum of the cost.

(7) No such corporation shall be established unless previously

authorized by specific legislation enacted by the Congress.

(c) Proposed competitive systems of price supports for

demonstration facilities; guidelines

Competitive systems of price supports proposed for congressional

authorization pursuant to this chapter shall conform to the

following guidelines:

(1) The Secretary shall determine the types and capacities of

the desired full-scale, commercial-size facility or other

operation which would demonstrate the technical, environmental,

and economic feasibility of a particular nonnuclear energy

technology.

(2) The Secretary may award planning grants for the purpose of

financing a study of the full cycle economic and environmental

costs associated with the demonstration facility selected

pursuant to paragraph (1) of this subsection. Such planning

grants may be awarded to Federal and non-Federal entities

including, but not limited to, industrial entities, universities,

and nonprofit organizations. Such planning grants may also be

used by the grantee to prepare a detailed and comprehensive bid

to construct the demonstration facility.

(3) Following the completion of the studies pursuant to the

planning grants awarded under paragraph (2) of this subsection

regarding each such potential price supported demonstration

facility for which the Secretary intends to request congressional

authorization, he shall invite bids from all interested parties

to determine the minimum amount of Federal price support needed

to construct the demonstration facility. The Secretary may

designate one or more competing entities, each to construct one

commercial demonstration facility. Such designation shall be made

on the basis of those entities, (A) commitment to construct the

demonstration facility at the minimum level of Federal price

supports, (B) detailed plan of environmental protection, and (C)

proposed design and operation of the demonstration facility.

(4) The construction plans and actual construction of the

demonstration facility, together with all related facilities,

shall be monitored by the Environmental Protection Agency. If

additional environmental requirements are imposed by the

Secretary after the designation of the successful bidders and if

such additional environmental requirements result in additional

costs, the Secretary is authorized to renegotiate the support

price to cover such additional costs.

(5) The estimated amount of the Federal price support for a

demonstration facility's product over the life of such facility

shall be determined by the Secretary to facilitate a single

congressional authorization of the full amount of such support at

the time of the designation of the successful bidders.

(6) No price support program shall be implemented unless

previously authorized by specific legislation enacted by the

Congress.

(d) Support for joint university-industry research efforts

Nothing in this section shall preclude Federal participation in,

and support for, joint university-industry nonnuclear energy

research efforts.

-SOURCE-

(Pub. L. 93-577, Sec. 7, Dec. 31, 1974, 88 Stat. 1883; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607; Pub. L. 95-238, title II, Sec.

207(a), Feb. 25, 1978, 92 Stat. 61; Pub. L. 99-386, title I, Sec.

104(a), Aug. 22, 1986, 100 Stat. 821.)

-COD-

CODIFICATION

Section 5919 of this title, referred to in subsec. (a)(7), was in

the original "section 19" and has been editorially translated as

section 5919 of this title which relates to loan guarantees as the

probable intent of Congress, notwithstanding enactment of another

section 19 which is classified to section 5918 of this title and

which relates to organizational conflicts.

-MISC1-

AMENDMENTS

1986 - Subsec. (b)(7). Pub. L. 99-386 struck out subpar. (A)

which related to submission of a report by Secretary to House and

Senate, prior to establishment of any joint Federal-industry

corporation pursuant to this chapter, setting forth in detail

consistency of establishment of corporation with this section and

section 5904 of this title, and proposed purpose and activities of

corporation, and struck out subpar. (B) designation.

1978 - Subsec. (a)(7). Pub. L. 95-238 added par. (7).

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted for

"Administrator", meaning Administrator of Energy Research and

Development Administration, in subsecs. (a), (b)(3), (6), (7)(A),

and (c)(1) to (5) pursuant to sections 301(a), 703, and 707 of Pub.

L. 95-91, which are classified to sections 7151(a), 7293, and 7297

of this title and which terminated Energy Research and Development

Administration and transferred its functions and functions of

Administrator thereof (with certain exceptions) to Secretary of

Energy.

-MISC2-

NONAPPLICABILITY OF TITLE II OF PUB. L. 95-238 TO ANY AUTHORIZATION

OR APPROPRIATION FOR MILITARY APPLICATION OF NUCLEAR ENERGY, ETC.;

DEFINITIONS

Nonapplicability of provisions of title II of Pub. L. 95-238 with

respect to any authorization or appropriation for any military

application of nuclear energy, etc., see section 209 of Pub. L.

95-238, set out as a note under section 5821 of this title.

PRICE-SUPPORT PROGRAM TO DEMONSTRATE MUNICIPAL SOLID WASTE

REPROCESSING FOR PRODUCTION OF FUELS AND ENERGY INTENSIVE PRODUCTS

Pub. L. 95-39, title I, Sec. 107, June 3, 1977, 91 Stat. 185,

authorized Administrator, subject to the appropriation of funds

pursuant to section 101(7)(I) of Pub. L. 95-39, to establish and

implement, under subsection (a)(4) of this section and in

accordance with subsection (c) of this section, a price-support

program to demonstrate municipal solid waste reprocessing for

production of fuels and energy intensive products, with

Administrator, prior to entering into any contract for such

demonstration, to submit to Congress a full and complete report on

the proposed commercial demonstration facility and the necessary

project demonstration guarantees, and provided that such contract

could not be finalized prior to the expiration of ninety calendar

days (not including any day on which either House of Congress was

not in session because of an adjournment of more than three

calendar days to a day certain) from the date on which such report

was received.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5585, 5907, 5919, 5920 of

this title.

-FOOTNOTE-

(!1) See Codification note below.

-End-

-CITE-

42 USC Sec. 5907 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5907. Demonstration projects

-STATUTE-

(a) Scope of authority of Secretary

The Secretary is authorized to -

(1) identify opportunities to accelerate the commercial

applications of new energy technologies, and provide Federal

assistance for or participation in demonstration projects

(including pilot plants demonstrating technological advances and

field demonstrations of new methods and procedures, and

demonstrations of prototype commercial applications for the

exploration, development, production, transportation, conversion,

and utilization of energy resources); and

(2) enter into cooperative agreements with non-Federal entities

to demonstrate the technical feasibility and economic potential

of energy technologies on a prototype or full-scale basis.

(b) Criteria applicable in reviewing potential projects

In reviewing potential projects, the Secretary shall consider

criteria including but not limited to -

(1) the anticipated, research, development, and application

objectives to be achieved by the activities or facilities

proposed;

(2) the economic, environmental, and societal significance

which a successful demonstration may have for the national fuels

and energy system;

(3) the relationship of the proposal to the criteria of

priority set forth in section 5904(b)(2) of this title;

(4) the availability of non-Federal participants to construct

and operate the facilities or perform the activities associated

with the proposal and to contribute to the financing of the

proposal;

(5) the total estimated cost including the Federal investment

and the probable time schedule;

(6) the proposed participants and the proposed financial

contributions of the Federal Government and of the non-Federal

participants; and

(7) the proposed cooperative arrangement, agreements among the

participants, and form of management of the activities.

(c) Federal and non-Federal share of costs

(1) A financial award under this section may be made only to the

extent of the Federal share of the estimated total design and

construction costs, plus operation and maintenance costs.

(2) For the purposes of this chapter the non-Federal share may be

in any form, including, but not limited to, lands or interests

therein needed for the project or personal property or services,

the value of which shall be determined by the Secretary.

(d) Submission of proposals to Secretary; promulgation of

regulations by Secretary establishing procedures; required

contents of proposals and regulations

(1) The Secretary shall, within six months of December 31, 1974,

promulgate regulations establishing procedures for submission of

proposals to the Secretary for the purposes of this chapter. Such

regulations shall establish a procedure for selection of proposals

which -

(A) provides that projects will be carried out under such

conditions and varying circumstances as will assist in solving

energy extraction, transportation, conversion, conservation, and

end-use problems of various areas and regions, under

representative geological, geographic, and environmental

conditions; and

(B) provides time schedules for submission of, and action on,

proposal requests for the purposes of implementing the goals and

objectives of this chapter.

(2) Such regulations also shall specify the types and form of the

information, data, and support documentation that are to be

contained in proposals for each form of Federal assistance or

participation set forth in section 5906(a) of this title: Provided,

That such proposals to the extent possible shall include, but not

be limited to -

(A) specification of the technology;

(B) description of prior pilot plant operating experience with

the technology;

(C) preliminary design of the demonstration plant;

(D) time tables containing proposed construction and operation

plans;

(E) budget-type estimates of construction and operating costs;

(F) description and proof of title to land for proposed site,

natural resources, electricity and water supply and logistical

information related to access to raw materials to construct and

operate the plant and to dispose of salable products produced

from the plant;

(G) analysis of the environmental impact of the proposed plant

and plans for disposal of wastes resulting from the operation of

the plant;

(H) plans for commercial use of the technology if the

demonstration is successful;

(I) plans for continued use of the plant if the demonstration

is successful; and

(J) plans for dismantling of the plant if the demonstration is

unsuccessful or otherwise abandoned.

(3) The Secretary 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 requiring

Congressional authorization for appropriation

If the estimate of the Federal investment with respect to

construction costs of any demonstration project proposed to be

established under this section exceeds $50,000,000, no amount may

be appropriated for such project except as specifically authorized

by legislation hereafter enacted by the Congress.

(f) Amount of estimated Federal contribution authorizing Secretary

to proceed with negotiation of agreements and implementation of

proposal; amount of Federal contribution requiring Secretary to

submit report to Congress as prerequisite to expenditure of funds

If the total estimated amount of the Federal contribution to the

construction cost of a demonstration project does not exceed

$50,000,000, the Secretary is authorized to proceed with the

negotiation of agreements and implementation of the proposal

subject to the availability of funds under the authorization of

appropriations pursuant to section 5915 of this title: Provided,

That if such Federal contribution to the construction cost is

estimated to exceed $25,000,000 the Secretary shall provide a full

and comprehensive report on the proposed demonstration project to

the appropriate committees of the Congress and no funds may be

expended for any agreement under the authority granted by this

section 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 adjournment of more than three calendar days

to a day certain) from the date on which the Secretary's report on

the proposed project is received by the Congress. Such reports

shall contain an analysis of the extent to which the proposed

demonstration satisfies the criteria specified in subsection (b) of

this section.

-SOURCE-

(Pub. L. 93-577, Sec. 8, Dec. 31, 1974, 88 Stat. 1886; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary" and "Secretary's", meaning Secretary of Energy,

substituted for "Administrator" and "Administrator's",

respectively, meaning Administrator of Energy Research and

Development Administration, in subsecs. (a), (b), (c)(2), (d)(1),

(3), and (f) and "Secretary" substituted for "Energy Research and

Development Administration" in subsec. (d)(1) pursuant to sections

301(a), 703, and 707 of Pub. L. 95-91, which are classified to

sections 7151(a), 7293, and 7297 of this title and which terminated

Energy Research and Development Administration and transferred its

functions and functions of Administrator thereof (with certain

exceptions) to Secretary of Energy.

-MISC1-

REPORT TO CONGRESS ON ENVIRONMENTAL, MONITORING, ASSESSMENT, AND

CONTROL EFFORTS REQUIRED FOR DEMONSTRATION PROJECTS; SUBMISSION TO

CONGRESS BY DECEMBER 3, 1977

Pub. L. 95-39, title I, Sec. 113, June 3, 1977, 91 Stat. 187,

directed Administrator of Energy Research and Development

Administration, in consultation with Administrator of Environmental

Protection Agency, to submit a report to Congress six months after

June 3, 1977, on the environmental monitoring, assessment, and

control efforts, relating to environment, safety, and health, which

are required to successfully demonstrate any project which is

subject to subsecs. (e) and (f) of this section and is authorized

by this Act or any prior Act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5585, 5915a, 5919 of this

title.

-End-

-CITE-

42 USC Sec. 5907a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5907a. Small grant program

-STATUTE-

(a) Establishment

There shall be established within the Department of Energy a

program for appropriate technology under the direction of the

Secretary. The Secretary shall develop and implement a program of

small grants for the purpose of encouraging development and

demonstration projects described in subsection (c) of this section.

(b) Limitation

The aggregate amount of financial support made available to any

participant in such program, including affiliates, under this

section shall not exceed $50,000 during any two-year period.

(c) Systems and technologies to be developed and demonstrated

Funds made available under this section shall be used to provide

for a coordinated and expanded effort for the development and

demonstration of, and the dissemination of information with respect

to, energy-related systems and supporting technologies appropriate

to -

(1) the needs of local communities and the enhancement of

community self-reliance through the use of available resources;

(2) the use of renewable resources and the conservation of

nonrenewable resources;

(3) the use of existing technologies applied to novel

situations and uses;

(4) applications which are energy-conserving, environmentally

sound, small scale, durable and low cost; and

(5) applications which demonstrate simplicity of installation,

operation and maintenance.

(d) Eligible participants; simplified application procedures;

report to Secretary; allocation criteria; guidelines

(1) Grants, agreements or contracts under this section may be

made to individuals, local nonprofit organizations and

institutions, State and local agencies, Indian tribes and small

businesses. The Secretary shall develop simplified procedures with

respect to application for support under this section.

(2) Each grant, agreement or contract under this section shall be

governed by the provisions of section 9 of the Federal Nonnuclear

Energy Research and Development Act of 1974 [42 U.S.C. 5908] and

shall contain effective provisions under which the Secretary shall

receive a full written report of activities supported in whole or

in part by funds made available by the Secretary; and

(3) In determining the allocation of funds among applicants for

support under this section the Secretary may take into

consideration:

(A) the potential for energy savings or energy production;

(B) the type of fuel saved or produced;

(C) the potential impact on local or regional energy or

environmental problems; and

(D) such other criteria as the Secretary finds necessary to

achieve the purposes of this Act or the purposes of the Federal

Nonnuclear Energy Research and Development Act of 1974 [42 U.S.C.

5901 et seq.].

Guidelines implementing this section shall be promulgated with full

opportunity for public comment.

(e) Reports to Congress

The Secretary shall -

(1) prepare and submit no later than October 1, 1977, a

detailed report on plans for implementation, including the timing

of implementation, of the provisions of this section to the

Committee on Energy and Natural Resources of the Senate and the

Committee on Science and Technology of the House of

Representatives and shall keep such committees fully and

currently informed concerning the development of such plans; and

(2) include as a part of the annual report required by section

15(a)(1) (!1) of the Federal Nonnuclear Energy Research and

Development Act of 1974 beginning in 1977, a full and complete

report on the program under this section.

-SOURCE-

(Pub. L. 95-39, title I, Sec. 112, June 3, 1977, 91 Stat. 186; Pub.

L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug.

4, 1977, 91 Stat. 577, 606, 607.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d)(3)(D), means Pub. L. 95-39,

June 3, 1977, 91 Stat. 180, which to the extent classified to the

Code enacted sections 5816a, 5817a, 5903c, 5907a, 5915a, 5918, and

7001 to 7011 of this title, amended sections 5813, 5818, and 5912

of this title, and enacted provisions set out as notes under

sections 5906, 5907, 5914, and 7001 of this title. For complete

classification of this Act to the Code, see Tables.

The Federal Nonnuclear Energy Research and Development Act of

1974, referred to in subsec. (d)(3)(D), is Pub. L. 93-577, Dec. 31,

1974, 88 Stat. 1878, as amended, which is classified generally to

this chapter (Sec. 5901 et seq.). For complete classification of

this Act to the Code, see Short Title note set out under section

5901 of this title and Tables.

Section 15 of the Federal Nonnuclear Energy Research and

Development Act of 1974, referred to in subsec. (e)(2), was

classified to section 5914 of this title and was omitted from the

Code.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Nonnuclear Energy

Research and Development Act of 1974 which comprises this chapter.

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. Committee on Science, Space, and Technology of House

of Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted for

"Administrator", "Administration", and "Assistant Administrator for

Conservation and Development", meaning Energy Research and

Development Administration and Administrator thereof, in subsecs.

(a), (d), and (e) and "Department of Energy" substituted for

"Administration" in subsec. (a) pursuant to sections 301(a), 703,

and 707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5908 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5908. Patents and inventions

-STATUTE-

(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 Secretary, other than nuclear energy

research, development, and demonstration pursuant to the Atomic

Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Secretary

determines that -

(1) the person who made the invention was employed or assigned

to perform research, development, 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 Government

facilities, equipment, materials, allocated funds, information

proprietary to the Government, or services of Government

employees during working hours; or

(2) the person who made the invention was not employed or

assigned to perform research, development, or demonstration work,

but the invention 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).(!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 Secretary

waives all or any part of the rights of the United States to such

invention in conformity with the provisions of this section.

(b) Contract as requiring report to Secretary of invention, etc.,

made in course of contract

Each contract entered into by the Secretary with any person shall

contain effective provisions under which such person shall furnish

promptly to the Secretary 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 Secretary of rights of United States; regulations

prescribing procedures; record of waiver determinations;

objectives

Under such regulations in conformity with the provisions of this

section as the Secretary shall prescribe, the Secretary may waive

all or any part of the rights of the United States under this

section with respect to any invention or class of inventions made

or which may be made by any person or class of persons in the

course of or under any contract of the Secretary if he determines

that the interests of the United States and the general public will

be best served by such waiver. The Secretary shall maintain a

publicly available, periodically updated record of waiver

determinations. In making such determinations, the Secretary 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) Encouraging participation by private persons in the

Secretary's energy research, development, and demonstration

program.

(4) Fostering competition and preventing undue market

concentration or the creation or maintenance of other situations

inconsistent with the antitrust laws.

(d) Considerations applicable at time of contracting for waiver

determination by Secretary

In determining whether a waiver to the contractor at the time of

contracting will best serve the interests of the United States and

the general public, the Secretary shall specifically include as

considerations -

(1) the extent to which the participation of the contractor

will expedite the attainment of the purposes of the program;

(2) the extent to which a waiver of all or any part of such

rights in any or all fields of technology is needed to secure the

participation of the particular contractor;

(3) the extent to which the contractor's commercial position

may expedite utilization of the research, development, and

demonstration program results;

(4) the extent to which the Government has contributed to the

field of technology to be funded under the contract;

(5) the purpose and nature of the contract, including the

intended use of the results developed thereunder;

(6) the extent to which the contractor has made or will make

substantial investment of financial resources or technology

developed at the contractor's private expense which will directly

benefit the work to be performed under the contract;

(7) the extent to which the field of technology to be funded

under the contract has been developed at the contractor's private

expense;

(8) the extent to which the Government intends to further

develop to the point of commercial utilization the results of the

contract effort;

(9) the extent to which the contract objectives are concerned

with the public health, public safety, or public welfare;

(10) the likely effect of the waiver on competition and market

concentration; and

(11) in the case of a nonprofit educational institution, the

extent to which such institution has a technology transfer

capability and program, approved by the Secretary as being

consistent with the applicable policies of this section.

(e) Considerations applicable to identified invention for waiver

determination by Secretary

In determining whether a waiver to the contractor or inventor or

rights to an identified invention will best serve the interests of

the United States and the general public, the Secretary shall

specifically include as considerations paragraphs (4) through (11)

of subsection (d) of this section as applied to the invention and -

(1) the extent to which such waiver is a reasonable and

necessary incentive to call forth private risk capital for the

development and commercialization of the invention; and

(2) the extent to which the plans, intentions, and ability of

the contractor or inventor will obtain expeditious

commercialization of such invention.

(f) Rights subject to reservation where title to invention vested

in United States

Whenever title to an invention is vested in the United States,

there may be reserved to the contractor or inventor -

(1) a revocable or irrevocable nonexclusive, paid-up license

for the practice of the invention throughout the world; and

(2) the rights to such invention in any foreign country where

the United States has elected not to secure patent rights and the

contractor elects to do so, subject to the rights set forth in

paragraphs (2), (3), (6), and (7) of subsection (h) of this

section: Provided, That when specifically requested by the

Secretary and three years after issuance of such a patent, the

contractor shall submit the report specified in subsection (h)(1)

of this section.

(g) to (i) Repealed. Pub. L. 96-517, Sec. 7(c), Dec. 12, 1980, 94

Stat. 3027

(j) Small business status of applicant for waiver or licenses

The Secretary shall, in granting waivers or licenses, consider

the small business status of the applicant.

(k) Protection of invention, etc., rights by Secretary

The Secretary is authorized to take all suitable and necessary

steps to protect any invention or discovery to which the United

States holds title, and to require that contractors or persons who

acquire rights to inventions under this section protect such

inventions.

(l) Department of Energy as defense agency of United States for

purpose of maintaining secrecy of inventions

The Department of Energy shall be considered a defense agency of

the United States for the purpose of chapter 17 of title 35.

(m) Definitions

As used in this section -

(1) the term "person" means any individual, partnership,

corporation, association, institution, or other entity;

(2) the term "contract" means any contract, grant, agreement,

understanding, or other arrangement, which includes research,

development, or demonstration work, and includes any assignment,

substitution of parties, or subcontract executed or entered into

thereunder;

(3) the term "made", when used in relation to any invention,

means the conception or first actual reduction to practice of

such invention;

(4) the term "invention" means inventions or discoveries,

whether patented or unpatented; and

(5) the term "contractor" means any person having a contract

with or on behalf of the Secretary.

(n) Report concerning applicability of existing patent policies to

energy programs; time for submission to President and appropriate

Congressional committees

Within twelve months after December 31, 1974, the Secretary with

the participation of the Attorney General, the Secretary of

Commerce, and other officials as the President may designate, shall

submit to the President and the appropriate congressional

committees a report concerning the applicability of existing patent

policies affecting the programs under this chapter, along with his

recommendations for amendments or additions to the statutory patent

policy, including his recommendations on mandatory licensing, which

he deems advisable for carrying out the purposes of this chapter.

-SOURCE-

(Pub. L. 93-577, Sec. 9, Dec. 31, 1974, 88 Stat. 1887; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607; Pub. L. 96-517, Sec. 7(c), Dec. 12,

1980, 94 Stat. 3027.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (a), 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 antitrust laws, referred to in subsec. (c)(4), probably mean

the laws specified as antitrust laws in section 5909(b) of this

title.

-MISC1-

AMENDMENTS

1980 - Subsec. (g). Pub. L. 96-517 struck out subsec. (g) which

related to licenses for inventions, promulgation of regulations

specifying terms and conditions, criteria and procedures for grant

of exclusive or partially exclusive licenses, and record of

determinations.

Subsec. (h). Pub. L. 96-517 struck out subsec. (h) which related

to required terms and conditions in waiver of rights or grant of

exclusive or partially exclusive license.

Subsec. (i). Pub. L. 96-517 struck out subsec. (i) which related

to publication in the Federal Register by the Administrator of

waiver or license termination hearing requirements and availability

of records.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-517 effective July 1, 1981, but

implementing regulations authorized to be issued earlier, see

section 8(f) of Pub. L. 96-517, set out as a note under section 41

of Title 35, Patents.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary" and "Secretary's", meaning Secretary of Energy,

substituted for "Administrator", "Administration", and

"Administration's", meaning Energy Research and Development

Administration and Administrator thereof, in subsecs. (a) to (e),

(f)(2), (j), (k), (m)(5), and (n), and "Department of Energy"

substituted for "Administration" in subsec. (l) pursuant to

sections 301(a), 703, and 707 of Pub. L. 95-91, which are

classified to sections 7151(a), 7293, and 7297 of this title and

which terminated Energy Research and Development Administration and

transferred its functions and functions of Administrator thereof

(with certain exceptions) to Secretary of Energy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5585, 5906, 5907a, 5919,

6981, 7261a, 10308 of this title; title 7 section 178j; title 15

sections 2511, 2707, 5104; title 35 section 210.

-FOOTNOTE-

(!1) So in original. Probably should be a comma.

-End-

-CITE-

42 USC Sec. 5909 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5909. Relationship to antitrust laws

-STATUTE-

(a) Nothing in this chapter shall be deemed to convey to any

individual, corporation, or other business organization immunity

from civil or criminal liability, or to create defenses to actions,

under the antitrust laws.

(b) As used in this section, the term "antitrust law" means -

(1) the Act entitled "An Act to protect trade and commerce

against unlawful restraints and monopolies", approved July 2,

1890 (15 U.S.C. 1 et seq.), as amended;

(2) the Act entitled "An Act to supplement existing laws

against unlawful restraints and monopolies, and for other

purposes", approved October 15, 1914 (15 U.S.C. 12 et seq.) as

amended;

(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as

amended;

(4) sections 73 and 74 of the Act entitled "An Act to reduce

taxation, to provide revenue for the Government, and for other

purposes", approved August 27, 1894 (15 U.S.C. 8 and 9), as

amended; and

(5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,

13b, and 21a).

-SOURCE-

(Pub. L. 93-577, Sec. 10, Dec. 31, 1974, 88 Stat. 1891.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 2, 1890, referred to in subsec. (b)(1), is act July

2, 1890, ch. 647, 26 Stat. 209, as amended, known as the Sherman

Act, which is classified to sections 1 to 7 of Title 15, Commerce

and Trade. For complete classification of this Act to the Code, see

Short Title note set out under section 1 of Title 15 and Tables.

Act of October 15, 1914, referred to in subsec. (b)(2), is act

Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the

Clayton Act, which is classified generally to sections 12, 13, 14

to 19, 20, 21, and 22 to 27 of Title 15, and sections 52 and 53 of

Title 29, Labor. For further details and complete classification of

this Act to the Code, see References in Text note set out under

section 12 of Title 15 and Tables.

The Federal Trade Commission Act (15 U.S.C. 41 et seq.), as

amended, referred to in subsec. (b)(3), is act Sept. 26, 1914, ch.

311, 38 Stat. 717, as amended, which is classified generally to

subchapter I (Sec. 41 et seq.) of chapter 2 of Title 15. For

complete classification of this Act to the Code, see section 58 of

Title 15 and Tables.

Act of June 19, 1936, chapter 592, referred to in subsec. (b)(5),

is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as

the Robinson-Patman Antidiscrimination Act and also as the

Robinson-Patman Price Discrimination Act, which enacted sections

13a, 13b, and 21a of Title 15, Commerce and Trade, and amended

section 13 of Title 15. For complete classification of this Act to

the Code, see Short Title note set out under section 13 of Title 15

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10308 of this title; title

7 section 178j.

-End-

-CITE-

42 USC Sec. 5910 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5910. Repealed. Pub. L. 104-66, title II, Sec. 2021(i), Dec.

21, 1995, 109 Stat. 727

-MISC1-

Section, Pub. L. 93-577, Sec. 11, Dec. 31, 1974, 88 Stat. 1892;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607; 1977 Reorg. Plan No. 1, Sec.

5E, 42 F.R. 56101, 91 Stat. 1634, related to environmental

evaluations by Administrator of Environmental Protection Agency.

-End-

-CITE-

42 USC Sec. 5911 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5911. Allocation or acquisition of essential materials and

equipment pursuant to Presidential rule or order; transmission to

Congress and effective date of proposed rule or order;

disapproval by Congress

-STATUTE-

(a) The President may, by rule or order, require the allocation

of, or the performance under contracts or orders (other than

contracts of employment) relating to, supplies of materials and

equipment if he finds that -

(1) such supplies are scarce, critical, and essential to carry

out the purposes of this chapter; and

(2) such supplies cannot reasonably be obtained without

exercising the authority granted by this section.

(b) The President shall transmit any rule or order proposed under

subsection (a) of this section (bearing an identification number)

to each House of Congress on the date on which it is proposed. If

such proposed rule or order is transmitted to the Congress such

proposed rule or order shall take effect at the end of the first

period of thirty calendar days of continuous session of Congress

after the date on which such proposed rule or order is transmitted

to it unless, between the date of transmittal and the end of the

thirty day period, either House passes a resolution stating in

substance that such House does not favor such a proposed rule or

order.

-SOURCE-

(Pub. L. 93-577, Sec. 12, Dec. 31, 1974, 88 Stat. 1892.)

-End-

-CITE-

42 USC Sec. 5912 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5912. Water resource assessments

-STATUTE-

(a) Assessments by Water Resources Council of water resource

requirements and water supply availability for nonnuclear energy

technologies; preparation requirements

The Water Resources Council shall undertake assessments of water

resource requirements and water supply availability for any

nonnuclear energy technology and any probable combinations of

technologies which are the subject of Federal research and

development efforts authorized by this chapter, and the commercial

development of which could have significant impacts on water

resources. In the preparation of its assessment, the Council shall

-

(1) utilize to the maximum extent practicable data on water

supply and demand available in the files of member agencies of

the Council;

(2) collect and compile any additional data it deems necessary

for complete and accurate assessments;

(3) give full consideration to the constraints upon

availability imposed by treaty, compact, court decree, State

water laws, and water rights granted pursuant to State and

Federal law;

(4) assess the effects of development of such technology on

water quality;

(5) include estimates of cost associated with production and

management of the required water supply, and the cost of disposal

of waste water generated by the proposed facility or process;

(6) assess the environmental, social, and economic impact of

any change in use of currently utilized water resource that may

be required by the proposed facility or process; and

(7) consult with the Council on Environmental Quality.

(b) Request by Secretary that Water Resources Council prepare

assessment of availability of adequate water resources for

proposed demonstration projects; report; publication

For any proposed demonstration project which may involve a

significant impact on water resources, the Secretary shall, as a

precondition of Federal assistance to that project, request the

Water Resources Council to prepare an assessment of water

requirements and availability for such project. A report on the

assessment shall be published in the Federal Register for public

review thirty days prior to the expenditure of Federal funds on the

demonstration.

(c) Assessment by Water Resources Council of availability of

adequate water resources as precondition for Federal assistance

for commercial application of nonnuclear energy technologies

For any proposed Federal assistance for commercial application of

energy technologies pursuant to this chapter, the Water Resource

(!1) Council shall, as a precondition of such Federal assistance,

provide to the Secretary an assessment of the availability of

adequate water resources for such commercial application and an

evaluation of the environmental, social, and economic impacts of

the dedication of water to such uses.

(d) Publication of reports of assessments and evaluations by Water

Resources Council in Federal Register; public review and comments

Reports of assessments and evaluations prepared by the Council

pursuant to subsections (a) and (c) of this section shall be

published in the Federal Register and at least ninety days shall be

provided for public review and comment. Comments received shall

accompany the reports when they are submitted to the Secretary and

shall be available to the public.

(e) Inclusion of survey and analysis of regional and national water

resource availability in biennial assessment by Water Resources

Council

The Council shall include a broad survey and analysis of regional

and national water resource availability for energy development in

the biennial assessment required by section 1962a-1(a) of this

title.

(f) Secretary as member of Water Resources Council

The Secretary shall, upon enactment of this subsection, be a

member of the Council.

-SOURCE-

(Pub. L. 93-577, Sec. 13, Dec. 31, 1974, 88 Stat. 1893; Pub. L.

95-39, title I, Sec. 110, June 3, 1977, 91 Stat. 186; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-39, Sec. 110(1), substituted "The

Water Resources Council" for "At the request of the Administrator,

the Water Resources Council".

Subsec. (b). Pub. L. 95-39, Sec. 110(2), substituted "the

Administrator shall, as a precondition of Federal assistance to

that project, request the Water Resources Council to prepare an

assessment of water requirements and availability for such project"

for "the Administrator shall, as a precondition of Federal

assistance to that project, prepare or have prepared an assessment

of the availability of adequate water resources".

Subsec. (f). Pub. L. 95-39, Sec. 110(3), added subsec. (f).

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted for

"Administrator", meaning Administrator of Energy Research and

Development Administration, in subsecs. (b) to (d) and (f) pursuant

to sections 301(a), 703, and 707 of Pub. L. 95-91, which are

classified to sections 7151(a), 7293, and 7297 of this title and

which terminated Energy Research and Development Administration and

transferred its functions and functions of Administrator thereof

(with certain exceptions) to Secretary of Energy.

Functions of Council on Environmental Quality and Office of

Environmental Quality relating to evaluation provided for by

section 5910 of this title transferred to Administrator of

Environmental Protection Agency by Reorg. Plan No. 1 of 1977, Sec.

5E, 42 F.R. 56101, 91 Stat. 1634, set out in the Appendix to Title

5, Government Organization and Employees, effective Feb. 26, 1978,

pursuant to Ex. Ord. No. 12040, Feb. 24, 1978, 43 F.R. 8097,

formerly set out under section 5910 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5904, 5915 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Resources".

-End-

-CITE-

42 USC Sec. 5913 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5913. Evaluation by National Institute of Standards and

Technology of energy-related inventions prior to awarding of

grants by Secretary; promulgation of regulations

-STATUTE-

The National Institute of Standards and Technology shall give

particular attention to the evaluation of all promising

energy-related inventions, particularly those submitted by

individual inventors and small companies for the purpose of

obtaining direct grants from the Secretary. The National Institute

of Standards and Technology is authorized to promulgate regulations

in the furtherance of this section.

-SOURCE-

(Pub. L. 93-577, Sec. 14, Dec. 31, 1974, 88 Stat. 1894; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607; Pub. L. 100-418, title V, Sec.

5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 substituted "National Institute of

Standards and Technology" for "National Bureau of Standards" in two

places.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted in text for

"Administrator", meaning Administrator of Energy Research and

Development Administration, pursuant to sections 301(a), 703, and

707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 278m.

-End-

-CITE-

42 USC Sec. 5914 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5914. Omitted

-COD-

CODIFICATION

Section, Pub. L. 93-577, Sec. 15, Dec. 31, 1974, 88 Stat. 1894;

Pub. L. 95-91, title III, Sec. 301(a), title VII, Secs. 703, 707,

Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95-238, title II,

Sec. 206(b), Feb. 25, 1978, 92 Stat. 61, which required the

Secretary to submit annually to Congress a report detailing the

activities carried out pursuant to this chapter during the

preceding fiscal year, a detailed description of the comprehensive

plan for nuclear and nonnuclear energy research, development, and

demonstration then in effect under section 5905(a) of this title, a

detailed description of the comprehensive nonnuclear research,

development, and demonstration program then in effect under section

5905(b) of this title, and a detailed description of the

environmental and safety research, development, and demonstration

activities carried out and in progress and which provided that

those reports would satisfy the reporting requirements of section

5877(a) of this title insofar as is concerned activities, goals,

priorities, and plans of the Secretary pertaining to nonnuclear

energy, terminated, effective May 15, 2000, pursuant to section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance. See, also, the 20th item on

page 86 of House Document No. 103-7.

-End-

-CITE-

42 USC Sec. 5915 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5915. Authorization of appropriations

-STATUTE-

(a) There may be appropriated to the Secretary to carry out the

purposes of this chapter such sums as may be authorized in annual

authorization Acts.

(b) Of the amounts appropriated pursuant to subsection (a) of

this section -

(1) $500,000 annually shall be made available by fund transfer

to the Council on Environmental Quality for the purposes

authorized by section 5910 (!1) of this title; and

(2) not to exceed $1,000,000 annually shall be made available

by fund transfer to the Water Resources Council for the purposes

authorized by section 5912 of this title.

(c) There also may be appropriated to the Secretary by separate

Acts such amounts as are required for demonstration projects for

which the total Federal contribution to construction costs exceeds

$50,000,000.

-SOURCE-

(Pub. L. 93-577, Sec. 16, Dec. 31, 1974, 88 Stat. 1894; Pub. L.

95-91, title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 577, 606, 607.)

-REFTEXT-

REFERENCES IN TEXT

Section 5910 of this title, referred to in subsec. (b)(1), was

repealed by Pub. L. 104-66, title II, Sec. 2021(i), Dec. 21, 1995,

109 Stat. 727.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted for

"Administrator", meaning Administrator of Energy Research and

Development Administration, in subsecs. (a) and (c) pursuant to

sections 301(a), 703, and 707 of Pub. L. 95-91, which are

classified to sections 7151(a), 7293, and 7297 of this title and

which terminated Energy Research and Development Administration and

transferred its functions and functions of Administrator thereof

(with certain exceptions) to Secretary of Energy.

Functions of Council on Environmental Quality and Office of

Environmental Quality relating to evaluation provided for by

section 5910 of this title transferred to Administrator of

Environmental Protection Agency by Reorg. Plan No. 1 of 1977, Sec.

5E, 42 F.R. 56101, 91 Stat. 1634, set out in the Appendix to Title

5, Government Organization and Employees, effective on or before

Apr. 1, 1978, at such time as specified by President. Section 6 of

Reorg. Plan No. 1 of 1977 authorized Director of Office of

Management and Budget to transfer to appropriate agency or

department unexpended balances of appropriations, allocations and

other funds used, held, or available in connection with functions

transferred. Ex. Ord. No. 12040, Feb. 24, 1978, 43 F.R. 8097, set

out under section 5910 of this title, provided that transfer of

functions of Council on Environmental Quality and Office of

Environmental Quality to Administrator of Environmental Protection

Agency is effective Feb. 26, 1978.

-MISC1-

ALTERNATIVE FUELS PRODUCTION; ENERGY SECURITY RESERVE FUND

Pub. L. 96-126, title II, Sec. 201, Nov. 27, 1979, 93 Stat. 970,

as amended by Pub. L. 99-190, Sec. 101(d) [title II, Sec. 201],

Dec. 19, 1985, 99 Stat. 1224, 1255, provided that:

"In order to expedite the domestic development and production of

alternative fuels and to reduce dependence on foreign supplies of

energy resources by establishing such domestic production at

maximum levels at the earliest time practicable, there is hereby

established in the Treasury of the United States a special fund to

be designated the 'Energy Security Reserve', to which is

appropriated $19,000,000,000, to remain available until expended:

Provided, That these funds shall be available for obligation only

to stimulate domestic commercial production of alternative fuels

and only to the extent provided in advance in appropriations Acts:

Provided further, That of these funds $1,500,000,000 shall be

available immediately to the Secretary of Energy to carry out the

provisions of the Federal Nonnuclear Energy Research and

Development Act of 1974, as amended (42 U.S.C. 5901, et seq.), to

remain available until expended, for the purchase or production by

way of purchase commitments or price guarantees of alternative

fuels: Provided further, That the Secretary shall immediately begin

the contract process for purchases of, or commitments to purchase,

or to resell alternative fuels to the extent of appropriations

provided herein: Provided further, That of these funds an

additional $708,000,000 shall be available immediately to the

Secretary of Energy, to remain available until expended, to support

preliminary alternative fuels commercialization activities under

the Federal Nonnuclear Energy Research and Development Act of 1974,

as amended, of which (1) not to exceed $100,000,000 shall be

available for project development feasibility studies, such

individual awards not to exceed $4,000,000: Provided, That the

Secretary may require repayment of such funds where studies

determine that such project proposals have economic or technical

feasibility; (2) not to exceed $100,000,000 shall be available for

cooperative agreements with non-Federal entities, such individual

agreements not to exceed $25,000,000 to support commercial scale

development of alternative fuel facilities; (3) not to exceed

$500,000,000 shall be available for a reserve to cover any defaults

from loan guarantees issued to finance the construction of

alternative fuels production facilities as authorized by the

Federal Nonnuclear Energy Research and Development Act of 1974, as

amended: Provided, That the indebtedness guaranteed or committed to

be guaranteed under this appropriation shall not exceed the

aggregate of $1,500,000,000; and (4) not to exceed $8,000,000 shall

be available for program management.

"This Act [Pub. L. 96-126] shall be deemed to satisfy the

requirements for congressional action pursuant to sections 7(c) and

19 of said Act [sections 5906(c) and 5919 of this title] with

respect to any purchase commitment, price guarantee, or loan

guarantee for which funds appropriated hereby are utilized or

obligated.

"For the purposes of this appropriation the term 'alternative

fuels', means gaseous, liquid, or solid fuels and chemical

feedstocks derived from coal, shale, tar sands, lignite, peat,

biomass, solid waste, unconventional natural gas, and other

minerals or organic materials other than crude oil or any

derivative thereof.

"Within ninety days following enactment of this Act [Nov. 27,

1979], the Secretary of Energy in his sole discretion shall issue a

solicitation for applications which shall include criteria for

project development feasibility studies described in this account.

"Loan guarantees for oil shale facilities issued under this

appropriation may be used to finance construction of full-sized

commercial facilities without regard to the proviso in section

19(b)(1) of said Act [section 5919(b)(1) of this title] requiring

the prior demonstration of a modular facility.

"In any case in which the Government, under the provisions of

this appropriation, accepts delivery of and does not resell any

alternative fuels, such fuels shall be used by an appropriate

Federal agency. Such Federal agency shall pay into the reserve the

market price, as determined by the Secretary, for such fuels from

sums appropriated to such Federal agency for the purchase of fuels.

The Secretary shall pay the contractor, from sums appropriated

herein, the contract price for such fuels.

"All amounts received by the Secretary under this appropriation,

including fees, any other monies, property, or assets derived by

the Secretary from operations under this appropriation shall be

deposited in the reserve.

"All payments for obligations and appropriate expenses (including

reimbursements to other Government accounts), pursuant to

operations of the Secretary under this appropriation shall be paid

from the reserve subject to appropriations.

"For the establishment in the Treasury of the United States of a

special fund to be designated the 'Solar and Conservation Reserve',

$1,000,000,000 to remain available until expended: Provided, That

these funds shall be available for obligation only to stimulate

solar energy and conservation: Provided further, That the

withdrawal of said funds shall be subject to the passage of

authorizing legislation and only to the extent provided in advance

in appropriations Acts."

Additional provisions relating to appropriations for the Energy

Security Reserve Fund, purposes for which the Fund is available,

and administrative provisions for the Fund and alternative fuels

production were contained in the following appropriation Acts:

Pub. L. 98-369, div. B, title I, Sec. 2103, July 18, 1984, 98

Stat. 1058.

Pub. L. 97-100, title II, Dec. 23, 1981, 95 Stat. 1407.

Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 48.

Pub. L. 96-369, Sec. 121, Oct. 1, 1980, 94 Stat. 1357.

Pub. L. 96-304, title I, July 8, 1980, 94 Stat. 880-882, as

amended Pub. L. 96-514, title II, Dec. 12, 1980, 94 Stat. 2974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5821, 5907 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5915a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5915a. Expiration of initial authorization to construct fossil

energy demonstration plants

-STATUTE-

Notwithstanding any other applicable provision of law, the

initial authorization in this Act or any other Act heretofore or

hereafter enacted to construct, pursuant to section 5907 of this

title, any fossil energy demonstration plant shall expire at the

end of the three full fiscal years following the date of enactment

of such authorization, unless (1) funds to construct each such

plant are appropriated or otherwise provided pursuant to applicable

law prior thereto, or (2) such authorization period is extended by

specific Act of Congress hereafter enacted.

-SOURCE-

(Pub. L. 95-39, title I, Sec. 105, June 3, 1977, 91 Stat. 184.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 95-39, June 3, 1977, 91

Stat. 180. The provisions of this Act relating to an initial

authorization for construction pursuant to section 5907 of this

title are not classified to the Code.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Nonnuclear Energy

Research and Development Act of 1974 which comprises this chapter.

-End-

-CITE-

42 USC Sec. 5916 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5916. Central source of nonnuclear energy information;

acquisition of proprietary and other information; availability of

information to public, Government agencies, Federal agencies and

agency heads for execution of duties and responsibilities, and

chairmen of Congressional committees; disclosure restrictions

-STATUTE-

The Secretary shall promptly establish, develop, acquire, and

maintain a central source of information on all energy resources

and technology in furtherance of the Secretary's research,

development, and demonstration mission carried out directly or

indirectly under this chapter. When the Secretary determines that

such information is needed to carry out the purposes of this

chapter, he may acquire proprietary and other information (a) by

purchase through negotiation or by donation from any person, or (b)

from another Federal agency. The information maintained by the

Secretary shall be made available to the public, subject to the

provisions of section 552 of title 5 and section 1905 of title 18,

and to other Government agencies in a manner that will facilitate

its dissemination: Provided, That upon a showing satisfactory to

the Secretary by any person that any information, or portion

thereof, obtained under this section by the Secretary directly or

indirectly from such person, would, if made public, divulge (1)

trade secrets or (2) other proprietary information of such person,

the Secretary shall not disclose such information and disclosure

thereof shall be punishable under section 1905 of title 18:

Provided further, That the Secretary shall, upon request, provide

such information to (A) any delegate of the Secretary for the

purpose of carrying out this chapter, and (B) the Attorney General,

the Secretary of Agriculture, the Secretary of the Interior, the

Federal Trade Commission, the Environmental Protection Agency, the

General Accounting Office, other Federal agencies, when necessary

to carry out their duties and responsibilities under this chapter

and other statutes, but such agencies and agency heads shall not

release such information to the public. This section is not

authority to withhold information from Congress or any committee of

Congress upon request of the chairman.

-SOURCE-

(Pub. L. 93-577, Sec. 17, as added Pub. L. 94-187, title III, Sec.

312, Dec. 31, 1975, 89 Stat. 1075; amended Pub. L. 95-91, title

III, Sec. 301, title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat.

577, 606, 607.)

-COD-

CODIFICATION

In cl. (B), the words "the Federal Energy Administration," and

"the Federal Power Commission," following "the Federal Trade

Commission," and "the Environmental Protection Agency,",

respectively, omitted from text in view of termination of Federal

Energy Administration and Federal Power Commission and transfer of

their functions (with certain exceptions) to Secretary of Energy

pursuant to sections 301, 703, and 707 of Pub. L. 95-91, which are

classified to sections 7151, 7293, and 7297 of this title. This

transfer would result in cl. (B) being redundant in that it would

require Secretary of Energy to provide information to himself. See

Transfer of Functions note below.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary" and "Secretary's", meaning Secretary of Energy,

substituted in text for "Administrator" and "Administrator's",

respectively, meaning Administrator of Energy Research and

Development Administration, pursuant to sections 301(a), 703, and

707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-End-

-CITE-

42 USC Sec. 5917 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5917. Energy information

-STATUTE-

The Secretary is, upon request, authorized to obtain energy

information under section 796(d) of title 15.

-SOURCE-

(Pub. L. 93-577, Sec. 18, as added Pub. L. 94-187, title III, Sec.

313, Dec. 31, 1975, 89 Stat. 1075; amended Pub. L. 95-91, title

III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat.

577, 606, 607.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted in text for

"Administrator", meaning Administrator of Energy Research and

Development Administration, pursuant to sections 301(a), 703, and

707 of Pub. L. 95-91, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-End-

-CITE-

42 USC Sec. 5918 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5918. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.

4304(b)(5), Feb. 10, 1996, 110 Stat. 664

-MISC1-

Section, Pub. L. 93-577, Sec. 19, as added Pub. L. 95-39, title

IV, Sec. 401, June 3, 1977, 91 Stat. 190; amended Pub. L. 95-91,

title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91

Stat. 577, 606, 607, related to organizational conflicts.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 4401

of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment

note under section 251 of Title 41, Public Contracts.

-End-

-CITE-

42 USC Sec. 5919 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5919. Loan guarantees and commitments for alternative fuel

demonstration facilities

-STATUTE-

(a) Statement of purpose

It is the purpose of this section -

(1) to assure adequate Federal support to foster a

demonstration program to produce alternative fuels from coal, oil

shale, biomass, and other domestic resources;

(2) to authorize assistance, through loan guarantees under

subsection (!1) (b) and (y) of this section for construction and

startup and related costs, to demonstration facilities for the

conversion of domestic coal, oil shale, biomass, and other

domestic resources into alternative fuels; and

(3) to gather information about the technological, economic,

environmental, and social costs, benefits, and impacts of such

demonstration facilities.

(b) Issuance of obligations for alternative fuel conversion

facilities; terms and conditions; rules and regulations;

informational requirements; concurrence of Secretary of Treasury

to terms and conditions; pledge of full faith and credit of

United States; cooperative agreements for construction, etc., of

modular facilities; bidding practices

(1) Except as provided in paragraph (5) of this subsection and

subsection (y) of this section the Secretary is authorized, in

accordance with such rules and regulations as he shall prescribe

after consultation with the Secretary of the Treasury, to guarantee

and to make commitments to guarantee, in such manner and subject to

such conditions (not inconsistent with the provisions of this

chapter) as he deems appropriate, the payment of interest on, and

the principal balance of, bonds, debentures, notes, and other

obligations issued by, or on behalf of, any borrower for the

purpose of financing the construction and startup costs of

demonstration facilities for the conversion of domestic coal, oil

shale, biomass, and other domestic resources into alternative

fuels: Provided, That no loan guarantee for a full sized oil shale

facility shall be provided under this section until after

successful demonstration of a modular facility producing between

six and ten thousand barrels per day, taking into account such

considerations as water usage, environmental effects, waste

disposal, labor conditions, health and safety, and the

socioeconomic impacts on local communities: Provided further, That

no loan guarantee shall be available under this subsection for the

manufacture of component parts for demonstration facilities

eligible for assistance under this subsection.

(2) An applicant for any financial assistance under this section

shall provide information to the Secretary in such form and with

such content as the Secretary deems necessary.

(3) Prior to issuing any guarantee under this section the

Secretary shall obtain the concurrence of the Secretary of the

Treasury with respect to the timing, interest rate, and substantial

terms and conditions of such guarantee. The Secretary of the

Treasury shall insure to the maximum extent feasible that the

timing, interest rate, and substantial terms and conditions of such

guarantee will have the minimum possible impact on the capital

markets of the United States, taking into account other Federal

direct and indirect securities activities.

(4) The full faith and credit of the United States is pledged to

the payment of all guarantees issued under this section with

respect to principal and interest.

(5)(A) The Secretary is authorized, in the case of a facility for

the conversion of oil shale to alternative fuels which is

determined by the Secretary pursuant to the proviso in paragraph

(1) of this subsection, to be constructed at a modular size, to

enter into a cooperative agreement with the applicant in accordance

with section 5907 of this title and the other provisions of this

chapter to share the estimated total design and construction costs,

plus operation and maintenance costs, of such modular facility. The

Federal share shall not exceed 75 per centum of such costs. All

receipts for the sale of any products produced during the operation

of the facility shall be used to offset the costs incurred in the

operation and maintenance of the facility. The provisions of

subsections (d), (e), (k), (m), (p), (s), (t), (u), (v), (w), and

(x) of this section shall apply to any such modular facility. The

provisions of this section shall apply to any loan guarantee for

such modular facility.

(B) After successful demonstration of the modular facility, as

determined by the Secretary, the facility is eligible for financial

assistance under this section for purposes of expansion to a full

sized facility and the applicant may purchase the Federal interest

in the modular facility as represented by the Federal share thereof

by means of (i) a cash payment to the United States, or (ii) a

share of the product or sales resulting from such expanded

operation, as determined by the Secretary. If expansion of such

facility is determined not to be warranted by the Secretary, he

may, at the option of the applicant, dispose of the modular

facility to the applicant at not less than fair market value, as

determined by the Secretary as of the date of the disposal, or

otherwise dispose of it, in accordance with applicable provisions

of law, and distribute the net proceeds thereof, after expenses of

such disposal, to the applicant in proportion to the applicant's

share of the costs of such facility.

(6) To the extent possible, loan guarantees shall be issued on

the basis of competitive bidding among guarantee applicants in a

particular technology area.

(c) Prerequisites

The Secretary, with due regard for the need for competition,

shall guarantee or make a commitment to guarantee any obligation

under subsection (b) or (y) of this section only if -

(1) the Secretary is satisfied that the financial assistance

applied for is necessary to encourage financial participation;

(2) the amount guaranteed to any borrower at any time does not

exceed -

(A) an amount equal to 75 per centum of the project cost of

the demonstration facility as estimated at the time the

guarantee is issued, which cost shall not include amounts

expended for facilities and equipment used in the extraction of

a mineral other than coal or shale, and in the case of coal

only to the extent that the Secretary determines that the coal

is to be converted to alternative fuel; and

(B) an amount equal to 60 per centum of that portion of the

actual total project cost of any demonstration facility which

exceeds the project cost of such facility as estimated at the

time the loan guarantee is issued;

(3) the Secretary has determined that there will be a continued

reasonable assurance of full repayment;

(4) the obligation is subject to the condition that it not be

subordinated to any other financing;

(5) the Secretary has determined, taking into consideration all

reasonably available forms of assistance under this section and

other Federal and State statutes, that the impacts resulting from

the proposed demonstration facility have been fully evaluated by

the borrower, the Secretary, and the Governor of the affected

State, and that effective steps have been taken or will be taken

in a timely manner to finance community planning and development

costs resulting from such facility under this section, under

other provisions of law, or by other means;

(6) the maximum maturity of the obligation does not exceed

twenty years, or 90 per centum of the projected useful economic

life of the physical assets of the demonstration facility covered

by the guarantee, whichever is less, as determined by the

Secretary;

(7) the Secretary has determined that, in the case of any

demonstration or modular facility planned to be located on Indian

lands, the appropriate Indian tribe, with the approval of the

Secretary of the Interior, has given written consent to such

location;

(8) the obligation provides for the orderly and ratable

retirement of the obligation and includes sinking fund

provisions, installment payment provisions or other methods of

payments and reserves as may be reasonably required by the

Secretary. Prior to approving any repayment schedule the

Secretary may consider the date on which operating revenues are

anticipated to be generated by the project. To the maximum extent

possible repayment or provision therefor shall be required to be

made in equal payments payable at equal intervals; and

(9) the obligation provides that the Secretary shall, after a

period of not less than ten years from issuance of the

obligation, taking into consideration whether the Government's

needs for information to be derived from the project have been

substantially met and whether the project is capable of

commercial operation, determine the feasibility and advisability

of terminating the Federal participation in the project. In the

event that such determination is positive, the Secretary shall

notify the borrower and provide the borrower with not less than

two nor more than three years in which to find alternative

financing. At the expiration of the designated period of time, if

the borrower has been unable to secure alternative financing, the

Secretary is authorized to collect from the borrower an

additional fee of 1 per centum per annum on the remaining

obligation to which the Federal guarantee applies.

(d) Repealed. Pub. L. 96-470, title I, Sec. 109, Oct. 19, 1980, 94

Stat. 2239

(e) Impact on communities, States, and Indian tribes; notice to

State and local officials; procedures applicable for further

action by Secretary subsequent to negative recommendation by

State Governor; criteria and determinations relating to approval

by Secretary of construction and operation plans; establishment,

membership, etc., of advisory panel

(1) As soon as the Secretary knows the geographic location of a

proposed facility for which a guarantee or a commitment to

guarantee or cooperative agreement is sought under this section, he

shall inform the Governor of the State, and officials of each

political subdivision and Indian tribe, as appropriate, in which

the facility would be located or which would be impacted by such

facility. The Secretary shall not guarantee or make a commitment to

guarantee or enter into a cooperative agreement under subsection

(b) or subsection (y) of this section, if the Governor of the State

in which the proposed facility would be located recommends that

such action not be taken, unless the Secretary finds that there is

an overriding national interest in taking such action in order to

achieve the purpose of this section. If the Secretary decides to

guarantee or make a commitment to guarantee or enter into a

cooperative agreement despite a Governor's recommendation not to

take such action, the Secretary shall communicate, in writing, to

the Governor reasons for not concurring with such recommendation.

This Secretary's decision, pursuant to this subsection, shall be

final unless determined upon judicial review initiated by the

Governor to be unlawful by the reviewing court pursuant to section

706(2)(A) through (D) of title 5. Such review shall take place in

the United States court of appeals for the circuit in which the

State involved is located, upon application made within ninety days

from the date of such decision. The Secretary shall, by regulation,

establish procedures for review of, and comment on, the proposed

facility by States, local political subdivisions, and Indian tribes

which may be impacted by such facility, and the general public.

(2) The Secretary shall review and approve the plans of the

applicant for the construction and operation of any demonstration

and related facilities constructed or to be constructed with

assistance under this section. Such plans and the actual

construction shall include such monitoring and other data-gathering

costs associated with such facility as are required by the

comprehensive plan and program under this section. The Secretary

shall determine the estimated total cost of such demonstration

facility, including, but not limited to, construction costs,

startup costs, costs to political subdivisions and Indian tribe by

such facility, and cost of any water storage facilities needed in

connection with such demonstration facility, and determine who

shall pay such costs. Such determination shall not be binding upon

the States, political subdivisions, or Indian tribes.

(3) There is hereby established a panel to advise the Secretary

on matters relating to the program authorized by this section,

including, but not limited to, the impact of the demonstration

facilities on communities and States and Indian tribes, the

environmental and health and safety effects of such facilities, and

the means, measures, and planning for preventing or mitigating such

impacts, and other matters relating to the development of

alternative fuels and other energy sources under this section. The

panel shall include such Governors or their designees as shall be

designated by the Chairman of the National Governors Conference.

Representatives of Indian tribes, industry, environmental

organizations, and the general public shall be appointed by the

Secretary. The Chairman of the panel shall be selected by the

Secretary. No person shall be appointed to the panel who has a

financial interest in any applicant applying for assistance under

this section. Members of the panel shall serve without

compensation. The provisions of section 5816(e) of this title shall

apply to the panel.

(f) Termination, cancellation, revocation; conclusiveness;

contestability

Except in accordance with reasonable terms and conditions

contained in the written contract of guarantee, no guarantee issued

or commitment to guarantee made under this section shall be

terminated, canceled, or otherwise revoked. Such a guarantee or

commitment shall be conclusive evidence that the underlying

obligation is in compliance with the provisions of this section and

that such obligation has been approved and is legal as to

principal, interest, and other terms. Subject to the conditions of

the guarantee or commitment to guarantee, such a guarantee shall be

incontestable in the hands of the holder of the guaranteed

obligation, except as to fraud or material misrepresentation on the

part of the holder.

(g) Default by borrower; procedures applicable to payment by

Secretary and rights of subrogation; notice to Attorney General

by Secretary for further action; protection for benefit of United

States of patents and technologies of defaulting project through

agreements, etc.

(1) If there is a default by the borrower, as defined in

regulations promulgated by the Secretary and in the guarantee

contract, the holder of the obligation shall have the right to

demand payment of the unpaid amount from the Secretary. Within such

period as may be specified in the guarantee or related agreements,

the Secretary shall pay to the holder of the obligation the unpaid

interest on, and unpaid principal of, the guaranteed obligation as

to which the borrower has defaulted, unless the Secretary finds

that there was no default by the borrower in the payment of

interest or principal or that such default has been remedied.

Nothing in this section shall be construed to preclude any

forebearance by the holder of the obligation for the benefit of the

borrower which may be agreed upon by the parties to the guaranteed

obligation and approved by the Secretary.

(2) If the Secretary makes a payment under paragraph (1) of this

subsection, the Secretary shall be subrogated to the rights of the

recipient of such payment (and such subrogation shall be expressly

set forth in the guarantee or related agreements), including the

authority to complete, maintain, operate, lease, or otherwise

dispose of any property acquired pursuant to such guarantee or

related agreements, or any other property of the borrower (of a

value equal to the amount of such payment) to the extent that the

guarantee applies to amounts in excess of the estimated project

cost under subsection (c)(2)(B) of this section, without regard to

the provisions of the Federal Property and Administrative Services

Act of 1949, as amended,(!2) except section 207 of that Act,(!2) or

any other law, or to permit the borrower, pursuant to an agreement

with the Secretary, to continue to pursue the purposes of the

demonstration facility if the Secretary determines that this is in

the public interest. The rights of the Secretary with respect to

any property acquired pursuant to such guarantee or related

agreements, shall be superior to the rights of any other person

with respect to such property.

(3) In the event of a default on any guarantee under this

section, the Secretary shall notify the Attorney General, who shall

take such action as may be appropriate to recover the amounts of

any payments made under paragraph (1) including any payment of

principal and interest under subsection (h) of this section from

such assets of the defaulting borrower as are associated with the

demonstration facility, or from any other security included in the

terms of the guarantee.

(4) For purposes of this section, patents, including any

inventions for which a waiver was made by the Secretary under

section 5908 of this title, and technology resulting from the

demonstration facility, shall be treated as project assets of such

facility. The guarantee agreement shall include such detailed terms

and conditions as the Secretary deems appropriate to protect the

interests of the United States in the case of default and to have

available all the patents and technology necessary for any person

selected, including, but not limited to the Secretary, to complete

and operate the defaulting project. Furthermore, the guarantee

agreement shall contain a provision specifying that patents,

technology, and other proprietary rights which are necessary for

the completion or operation of the demonstration facility shall be

available to the United States and its designees on equitable

terms, including due consideration to the amount of the United

States default payments. Inventions made or conceived in the course

of or under such guarantee, title to which is vested in the United

States under this chapter, shall not be treated as project assets

of such facility for disposal purposes under this subsection,

unless the Secretary determines in writing that it is in the best

interests of the United States to do so.

(h) Contracts to pay, and payment of principal and interest by

Secretary of unpaid balance of guaranteed obligations;

prerequisites

With respect to any obligation guaranteed under this section, the

Secretary is authorized to enter into a contract to pay, and to

pay, holders of the obligations, for and on behalf of the

borrowers, from the fund established by this section, the principal

and interest payments which become due and payable on the unpaid

balance of such obligation if the Secretary finds that -

(1) the borrower is unable to meet such payments and is not in

default; it is in the public interest to permit the borrower to

continue to pursue the purposes of such demonstration facility;

and the probable net benefit to the Federal Government in paying

such principal and interest will be greater than that which would

result in the event of a default;

(2) the amount of such payment which the Secretary is

authorized to pay shall be no greater than the amount of

principal and interest which the borrower is obligated to pay

under the loan agreement; and

(3) the borrower agrees to reimburse the Secretary for such

payment on terms and conditions, including interest, which are

satisfactory to the Secretary.

(i) Time for issuance of regulations; procedures applicable to

issuance of regulations and amendments

Regulations required by this section shall be issued within one

hundred and eighty days after February 25, 1978. All regulations

under this section and any amendments thereto shall be issued in

accordance with section 553 of title 5.

(j) Fees for guarantees of obligations; determination of amounts;

excepted guarantees

The Secretary shall charge and collect fees for guarantees of

obligations authorized by subsection (b)(1) of this section, in

amounts which (1) are sufficient in the judgment of the Secretary

to cover the applicable administrative costs, and (2) reflect the

percentage of projects costs guaranteed. In no event shall the fee

be less than 1 per centum per annum of the outstanding indebtedness

covered by the guarantee. Nothing in this subsection shall be

construed to apply to community planning and development assistance

pursuant to subsection (k) of this section.

(k) Community development and planning assistance guarantees; terms

and conditions; rules and regulations; concurrence of Secretary

of Treasury to terms and conditions; payment of taxes in event of

default by borrower; additional direct loans and grants;

redemption of debt obligations; funding requirements and

authorizations; facility title vesting and status upon default

(1) In accordance with such rules and regulations as the

Secretary in consultation with the Secretary of the Treasury shall

prescribe, and subject to such terms and conditions as he deems

appropriate, the Secretary is authorized, for the purpose of

financing essential community development and planning which

directly result from, or are necessitated by, one or more

demonstration facilities assisted under this section to -

(A) guarantee and make commitments to guarantee the payment of

interest on, and the principal balance of obligations for such

financing issued by eligible States, political subdivisions, or

Indian tribes,

(B) guarantee and make commitments to guarantee the payment of

taxes imposed on such demonstration facilities by eligible

non-Federal taxing authorities which taxes are earmarked by such

authorities to support the payment of interest and principal on

obligations for such financing, and

(C) require that the applicant for assistance for a

demonstration facility under this section advance sums to

eligible States, political subdivisions, and Indian tribes to pay

for the financing of such development and planning: Provided,

That the State, political subdivision, or Indian tribe agrees to

provide tax abatement credits over the life of the facilities for

such payments by such applicant.

(2) Prior to issuing any guarantee under this subsection, the

Secretary shall obtain the concurrence of the Secretary of the

Treasury with respect to the timing, interest rate, and substantial

terms and conditions of such guarantee. The Secretary of the

Treasury shall insure to the maximum extent feasible that the

timing, interest rate, and substantial terms and conditions of such

guarantee will have the minimum possible impact on the capital

markets of the United States, taking into account other Federal

direct and indirect securities activities.

(3) In the event of any default by the borrower in the payment of

taxes guaranteed by the Secretary under this subsection, the

Secretary shall pay out of the fund established by this section

such taxes at the time or times they may fall due, and shall have

by reason of such payment a claim against the borrower for all sums

paid plus interest.

(4) If after consultation with the State, political subdivision,

or Indian tribe, the Secretary finds that the financial assistance

programs of paragraph (1) of this subsection will not result in

sufficient funds to carry out the purposes of this subsection, then

the Secretary may -

(A) make direct loans to the eligible States, political

subdivisions, or Indian tribes for such purposes: Provided, That

such loans shall be made on such reasonable terms and conditions

as the Secretary shall prescribe: Provided further, That the

Secretary may waive repayment of all or part of a loan made under

this paragraph, including interest, if the State or political

subdivision or Indian tribe involved demonstrates to the

satisfaction of the Secretary that due to a change in

circumstances there will be net adverse impacts resulting from

such demonstration facility that would probably cause such State,

subdivision, or tribe to default on the loan; or

(B) require that any community development and planning costs

which are associated with, or result from, such demonstration

facility and which are determined by the Secretary to be

appropriate for such inclusion shall be included in the total

costs of the demonstration facility.

(5) The Secretary is further authorized to make grants to States,

political subdivisions, or Indian tribes for studying and planning

for the potential economic, environmental, and social consequences

of demonstration facilities, and for establishing related

management expertise.

(6) At any time the Secretary may, with the concurrence of the

Secretary of the Treasury, redeem, in whole or in part, out of the

fund established by this section, the debt obligations guaranteed

or the debt obligations for which tax payments are guaranteed under

this subsection.

(7) When one or more States, political subdivisions, or Indian

tribes would be eligible for assistance under this subsection, but

for the fact that construction and operation of the demonstration

facilities occurs outside its jurisdiction, the Secretary is

authorized to provide, to the greatest extent possible,

arrangements for equitable sharing of such assistance.

(8) Such amounts as may be necessary for direct loans and grants

pursuant to this subsection shall be available as provided in

annual authorization Acts.

(9) The Secretary, if appropriate, shall provide assistance in

the financing of up to 100 per centum of the costs of the required

community development and planning pursuant to this subsection.

(10) In carrying out the provisions of this subsection, the

Secretary shall provide that title to any facility receiving

financial assistance under this subsection shall vest in the

applicable State, political subdivision, or Indian tribe, as

appropriate, and in the case of default by the borrower on a loan

guarantee such facility shall not be considered a project asset for

the purposes of subsection (g) of this section.

(l) Annual reporting requirements; contents, etc.

(1) The Secretary is directed to submit a report to the Congress

within one hundred and eighty days after February 25, 1978, setting

forth his recommendations on the best opportunities to implement a

program of Federal financial assistance with the objective of

demonstrating production and conservation of energy. Such report

shall be updated and submitted to Congress at least annually and

shall include specific comments and recommendations by the

Secretary of the Treasury on the methods and procedures set forth

in subparagraph (B)(viii) of this subsection, including their

adequacy, and changes necessary to satisfy the objectives stated in

this subsection. This report shall include -

(A) a study of the purchase or commitment to purchase by the

Federal Government, for the use by the United States, of all or a

portion of the products of any alternative fuel facilities

constructed pursuant to this program as a direct or an alternate

form of Federal assistance, which assistance, if recommended,

shall be carried out pursuant to section 5906(a)(4) of this

title; and

(B) a comprehensive plan and program to acquire information and

evaluate the environmental, economic, social, and technological

impacts of the demonstration program under this section. In

preparing such a comprehensive plan and program, the Secretary

shall consult with the Environmental Protection Agency, the

Department of Housing and Urban Development, the Department of

the Interior, the Department of Agriculture, and the Department

of the Treasury, and shall include therein, but not be limited

to, the following:

(i) information about potential demonstration facilities

proposed in the program under this section;

(ii) any significant adverse impacts which may result from

any activity included in the program;

(iii) the extent to which it is feasible to commercialize the

technologies as they affect different regions of the Nation;

(iv) proposed regulations required to carry out the purposes

of this section;

(v) a list of Federal agencies, governmental entities, and

other persons that will be consulted or utilized to implement

the program;

(vi) the methods and procedures by which the information

gathered under the program will be analyzed and disseminated;

(vii) a plan for the study and monitoring of the health

effects of such facilities on workers and other persons,

including, but not limited to, any carcinogenic effect of

alternative fuels; and

(viii) the methods and procedures to insure that (I) the use

of the Federal assistance for demonstration facilities is kept

to the minimum level necessary for the information objectives

of this section, (II) the impact of loan guarantees on the

capital markets of the United States is minimized, taking into

account other Federal direct and indirect securities

activities, and any economic sectors which may be negatively

impacted as a result of the reduction of capital by the

placement of guaranteed loans, and (III) the granting of

Federal loan guarantees under this chapter does not impede

movement toward improvement in the climate for attracting

private capital to develop alternative fuels without continued

direct Federal incentives.

(2) The Secretary shall annually submit a detailed report to the

Congress concerning -

(A) the actions taken or not taken by the Secretary under this

section during the preceding fiscal year, and including, but not

be limited to (i) a discussion of the status of each

demonstration facility and related facilities financed under this

section, including progress made in the development of such

facilities, and the expected or actual production from each such

facility, including byproduct production therefrom, and the

distribution of such products and byproducts, (ii) a detailed

statement of the financial conditions of each such demonstration

facility, (iii) data concerning the environmental, community, and

health and safety impacts of each such facility and the actions

taken or planned to prevent or mitigate such impacts, (iv) the

administrative and other costs incurred by the Secretary and

other Federal agencies in carrying out this program, and (v) such

other data as may be helpful in keeping Congress and the public

fully and currently informed about the program authorized by this

section; and

(B) the activities of the fund referred to in subsection (n) of

this section during the preceding fiscal year, including a

statement of the amount and source of fees or other moneys,

property, or assets deposited into the funds, all payments made,

the notes or other obligations issued by the Secretary, and such

other data as may be appropriate.

(3) The annual reports required by this subsection shall be a

part of the annual report required by section 5914 (!3) of this

title, except that the matters required to be reported by this

subsection shall be clearly set out and identified in such annual

reports. Such reports and the one-hundred-and-eighty-day report

required in paragraph (1) of this subsection shall be transmitted

to the Speaker of the House of Representatives and the House

Committee on Science, Space, and Technology and to the President of

the Senate and the Committee on Energy and Natural Resources of the

Senate.

(m) Congressional finalization of guarantee, etc., subsequent to

report to Congressional committees; scope of authority

Prior to issuing any guarantee or commitment to guarantee or

cooperative agreement pursuant to subsection (b) or subsection (y)

of this section the Secretary shall submit to the Committee on

Science, Space, and Technology of the House of Representatives and

the Committee on Energy and Natural Resources of the Senate a full

and complete report on the proposed demonstration facility and such

guarantee, agreement, or contract. Such guarantee, commitment to

guarantee, cooperative agreement, or contract shall not be

finalized under the authority granted by this section prior to the

expiration of ninety calendar days (not including any day on which

either House of Congress is not in session because of an

adjournment of more than three calendar days to a day certain) from

the date on which such report is received by such committees:

Provided, That, where the cost of a demonstration facility to be

assisted with a guarantee or cooperative agreement pursuant to

subsection (b) or subsection (y) of this section exceeds

$50,000,000 such guarantee or commitment to guarantee or

cooperative agreement shall not be finalized unless (1) the making

of such guarantee or commitment or agreement is specifically

authorized by legislation hereafter enacted by the Congress or (2)

both Houses pass a resolution stating in substance that the

Congress favors the making of such guarantee or commitment or

agreement.

(n) Revolving fund; creation; funding; payments and transfers to

general fund of Treasury; issuance, redemption, etc., of notes or

obligations; applicability to direct loans or planning grants

(1) There is hereby created within the Treasury a separate fund

(hereafter in this section called the "fund") which shall be

available to the Secretary without fiscal year limitation as a

revolving fund for the purpose of carrying out the program

authorized by subsection (b)(1) of this section and subsections

(g), (h), (k), and (y) of this section.

(2) There are hereby authorized to be appropriated to the fund

for administrative expenses from time to time such amounts as may

be necessary to carry out the purposes of the applicable provisions

of this section, including, but not limited to, the payments of

interest and principal and the payment of interest differentials

and redemption of debt. All amounts received by the Secretary as

interest payments or repayments of principal on loans which are

guaranteed under this section, fees, and any other moneys,

property, or assets derived by him from operations under this

section shall be deposited in the fund.

(3) All payments on obligations, appropriate expenses (including

reimbursements to other Government accounts), and repayments

pursuant to operations of the Secretary under this section shall be

paid from the fund subject to appropriations. If at any time the

Secretary determines that moneys in the fund exceed the present and

reasonably foreseeable future requirements of the fund, such excess

shall be transferred to the general fund of the Treasury.

(4) If at any time the moneys available in the fund are

insufficient to enable the Secretary to discharge his

responsibilities as authorized by subsections (b)(1), (g), (h), and

(y) of this section, the Secretary shall issue to the Secretary of

the Treasury notes or other obligations in such forms and

denominations, bearing such maturities, and subject to such terms

and conditions as may be prescribed by the Secretary of the

Treasury. Redemption of such notes or obligations shall be made by

the Secretary from appropriations or other moneys available under

paragraph (2) of this subsection for loan guarantees authorized by

subsection (b)(1) of this section and subsections (g), (h), (k),

and (y) of this section. Such notes or other obligations shall bear

interest at a rate determined by the Secretary of the Treasury,

which shall be not less than a rate determined by taking into

consideration the average market yield on outstanding marketable

obligations of the United States of comparable maturities during

the month preceding the issuance of the notes or other obligations.

The Secretary of the Treasury may at any time sell any of the notes

or other obligations acquired by him under this subsection.

(5) The provisions of this subsection do not apply to direct

loans or planning grants made under subsection (k) of this section.

(o) Definitions

For the purposes of this section, the term -

(1) "State" means any State of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin

Islands, American Samoa, any territory or possession of the

United States,

(2) "United States" means the several States, the Commonwealth

of Puerto Rico, the Virgin Islands, Guam, and American Samoa,

(3) "borrower" or "applicant" shall include any individual,

firm, corporation, company, partnership, association, society,

trust, joint venture, joint stock company, or other non-Federal

entity, and

(4) "biomass" shall include, but is not limited to, animal and

timber waste, municipal and industrial waste, sewage, sludge, and

oceanic and terrestrial crops.

(p) Citizenship or nationality requirements for applicants; waiver

(1) An applicant seeking a guarantee or cooperative agreement

under subsection (b) or subsection (y) of this section must be a

citizen or national of the United States. A corporation,

partnership, firm, or association shall not be deemed to be a

citizen or national of the United States unless the Secretary

determines that it satisfactorily meets all the requirements of

section 802 of title 46, Appendix, for determining such

citizenship, except that the provisions in subsection (a) of such

section 802 concerning (A) the citizenship of officers or directors

of a corporation, and (B) the interest required to be owned in the

case of a corporation, association, or partnership operating a

vessel in the coastwise trade, shall not be applicable.

(2) The Secretary, in consultation with the Secretary of State,

may waive such requirements in the case of a corporation,

partnership, firm, or association, controlling interest in which is

owned by citizens of countries which are participants in the

International Energy Agreement.

(q) Transfer of part of program to other agency or authority

No part of the program authorized by this section shall be

transferred to any other agency or authority, except pursuant to

Act of Congress enacted after February 25, 1978.

(r) Statutory provisions applicable to inventions

Inventions made or conceived in the course of or under a

guarantee authorized by this section shall be subject to the title

and waiver requirements and conditions of section 5908 of this

title.

(s) Compliance by persons receiving financial assistance with

Federal and State environmental, etc., laws and regulations, and

licensing requirements

Nothing in this section shall be construed as affecting the

obligations of any person receiving financial assistance pursuant

to this section to comply with Federal and State environmental,

land use, water, and health and safety laws and regulations or to

obtain applicable Federal and State permits, licenses, and

certificates.

(t) Availability of information; procedures applicable; scope of

disclosure; persons to whom disclosure may be made; "person"

defined

The information maintained by the Secretary under this section

shall be made available to the public subject to the provision of

section 552 of title 5 and section 1905 of title 18 and to other

Government agencies in a manner that will facilitate its

dissemination: Provided, That upon a showing satisfactory to the

Secretary by any person that any information, or portion thereof

obtained under this section by the Secretary directly or indirectly

from such person would, if made public, divulge (1) trade secrets

or (2) other proprietary information of such person, the Secretary

shall not disclose such information and disclosure thereof shall be

punishable under section 1905 of title 18: Provided further, That

the Secretary shall, upon request, provide such information to (A)

any delegate of the Secretary for the purpose of carrying out this

chapter, and (B) the Attorney General, the Secretary of

Agriculture, the Secretary of the Interior, the Federal Trade

Commission, the Environmental Protection Agency, the General

Accounting Office, other Federal agencies, or heads of other

Federal agencies, when necessary to carry out their duties and

responsibilities under this and other statutes, but such agencies

and agency heads shall not release such information to the public.

This section is not authority to withhold information from

Congress, or from any committee of Congress upon request of the

Chairman. For the purposes of this subsection, the term "person"

shall include the borrower.

(u) Scope of exercise of statutory authorities

Notwithstanding any other provision of this section, the

authority provided in this section to make guarantees or

commitments to guarantee or enter into cooperative agreements under

subsection (b)(1) or subsection (y) of this section, to make

guarantees or commitments to guarantees, or to make loans or

grants, under subsection (k) of this section, to make contracts

under subsection (h) of this section, and to use fees and receipts

collected under subsections (b), (j), and (y) of this section, and

the authorities provided under subsection (n) of this section shall

be effective only to the extent provided, without fiscal year

limitation, in appropriation Acts enacted after February 25, 1978.

(v) Nondiscrimination requirements; scope of exemption from

requirements for Indian tribes

No person in the United States shall on the grounds of race,

color, religion, national origin, or sex, be excluded from

participation in, be denied benefits of, or be subjected to

discrimination under any program or activity funded in whole or in

part with assistance made available under this section: Provided,

That Indian tribes are exempt from the operation of this

subsection: Provided further, That such exemption shall be limited

to the planning and provision of public facilities which are

located on reservations and which are provided for members of the

affected Indian tribes as the primary beneficiaries.

(w) Participation by small business concerns in program

In carrying out his functions under this section, the Secretary

shall provide a realistic and adequate opportunity for small

business concerns to participate in the program to the optimum

extent feasible consistent with the size and nature of each

project.

(x) Recordkeeping requirements; audit by Comptroller General; labor

standards at construction facilities

(1) Recipients of financial assistance under this section shall

keep such records and other pertinent documents, as the Secretary

shall prescribe by regulation, including, but not limited to,

records which fully disclose the disposition of the proceeds of

such assistance, the cost of any facility, the total cost of the

provision of public facilities for which assistance was used and

such other records as the Secretary may require to facilitate an

effective audit. The Secretary and the Comptroller General of the

United States, or their duly authorized representative shall have

access, for the purpose of audit, to such records and other

pertinent documents.

(2) All laborers and mechanics employed by contractors or

subcontractors in the performance of construction work financed in

whole or in part with assistance under this section shall be paid

wages at rates not less than those prevailing on similar

construction in the locality as determined by the Secretary of

Labor in accordance with sections 3141-3144, 3146, and 3147 of

title 40. The Secretary of Labor shall have, with respect to such

labor standards, the authority and functions set forth in

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat.

1267) and section 3145 of title 40.

(y) Issuance of obligations for synthetic fuel conversion

facilities and municipal organic waste energy generation

facilities; rules and regulations; statutory provisions

inapplicable; limitation on outstanding indebtedness; additional

procedural requirements and terms and conditions applicable

(1) The Secretary is authorized in accordance with such rules and

regulations as he shall prescribe after consultation with the

Secretary of the Treasury, to guarantee and to make commitments to

guarantee the payment of interest on, and the principal balance of,

bonds, debentures, notes, and other obligations issued by or on

behalf of any borrower for the purpose of (A) financing the

construction and startup costs of demonstration facilities for the

conversion of municipal or industrial waste, sewage sludge, or

other municipal organic wastes into synthetic fuels, and (B)

financing the construction and startup costs of demonstration

facilities to generate desirable forms of energy (including

synthetic fuels) from municipal or industrial waste, sewage sludge,

or other municipal organic waste. With respect to a guarantee or a

commitment to guarantee authorized by this subsection; the

following subsections of this section shall not apply: (b)(1),

(b)(5), (c)(2), (c)(5), (c)(6), (c)(7), (c)(8), (c)(9), (e)(3),

(j), (k), and (q).

(2) In the case where the Secretary seeks to guarantee or to make

commitments to guarantee as provided by this subsection he is

authorized to incur an outstanding indebtedness which at no time

shall exceed $300,000,000.

(3) The Secretary shall apply the following provisions thereto:

(A) With respect to any demonstration facility for the

conversion of solid waste (as the term is defined in the Resource

Conservation and Recovery Act (42 U.S.C. 6903)), the Secretary,

prior to issuing any guarantee under this section, must be in

receipt of a certification from the Secretary of the

Environmental Protection Agency and any appropriate State or

areawide solid waste management planning agency that the proposed

application for a guarantee is consistent with any applicable

suggested guidelines published pursuant to section 1008(a) of the

Resource Conservation and Recovery Act [42 U.S.C. 6907(a)], and

any applicable State or regional solid waste management plan.

(B) The amount guaranteed shall not exceed 75 per centum of the

total cost of the commercial demonstration facility, as

determined by the Secretary: Provided, That the amount guaranteed

may not exceed 90 per centum of the total cost of the commercial

demonstration facility during the period of construction and

startup.

(C) The maximum maturity of the obligation shall not exceed

thirty years, or 90 per centum of the projected useful economic

life of the physical assets of the commercial demonstration

facility covered by the guarantee, whichever is less, as

determined by the Secretary.

(D) The Secretary shall charge and collect fees for guarantees

of obligations in amounts sufficient in the judgment of the

Secretary to cover the applicable administrative costs and

probable losses on guaranteed obligations, but in any event not

to exceed 1 per centum per annum of the outstanding indebtedness

covered by the guarantee.

(E) No part of the program authorized by this section shall be

transferred to any other agency or authority, except pursuant to

Act of Congress enacted after February 25, 1978: Provided, That

project agreements entered into pursuant to this section for any

commercial demonstration facility for the conversion or

bioconversion of solid waste (as that term is defined in the

Resource Conservation and Recovery Act [42 U.S.C. 6901 et seq.])

shall be administered in accordance with the May 7, 1976,

Interagency Agreement between the Environmental Protection Agency

and the Energy Research and Development Administration on the

Development of Energy From Solid Wastes, and provided

specifically that in accordance with this agreement (i) for those

energy-related projects of mutual interest, planning will be

conducted jointly by the Environmental Protection Agency and the

Secretary, following which project responsibility will be

assigned to one agency; (ii) energy-related projects for recovery

of synthetic fuels or other forms of energy from solid waste

shall be the responsibility of the Secretary; and (iii) the

Environmental Protection Agency shall retain responsibility for

the environmental, economic, and institutional aspects of solid

waste projects and for assurance that such projects are

consistent with any applicable suggested guidelines pursuant to

section 1008 of the Resource Conservation and Recovery Act of

1976, as amended [42 U.S.C. 6907], and any applicable State or

regional solid waste management plan.

(F) With respect to any obligation which is issued after

February 25, 1978, by, or in behalf of, any State, political

subdivision, or Indian tribe and which is either guaranteed

under, or supported by taxes levied by said issuer which are

guaranteed under, this section, the interest paid on such

obligation and received by the purchaser thereof (or the

purchaser's successor in interest) shall be included in gross

income for the purpose of chapter 1 of title 26: Provided, That

the Secretary shall pay to such issuer out of the fund

established by this section such portion of the interest on such

obligations, as determined by the Secretary of the Treasury to be

appropriate after taking into account current market yields (i)

on obligations of said issuer, if any, and (ii) on other

obligations with similar terms and conditions the interest on

which is not so included in gross income for purposes of chapter

1 of title 26, and in accordance with, such terms and conditions

as the Secretary of the Treasury shall require.

-SOURCE-

(Pub. L. 93-577, Sec. 19, as added Pub. L. 95-238, title II, Sec.

207(b), Feb. 25, 1978, 92 Stat. 61; amended Pub. L. 96-470, title

I, Sec. 109, Oct. 19, 1980, 94 Stat. 2239; Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-437, Sec. 15(c)(9), Nov.

2, 1994, 108 Stat. 4592; Pub. L. 104-316, title I, Sec. 122(o),

Oct. 19, 1996, 110 Stat. 3838.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in subsec. (g)(2), is act June 30, 1949, ch.

288, 63 Stat. 377, as amended. Except for title III of the Act,

which is classified generally to subchapter IV (Sec. 251 et seq.)

of chapter 4 of Title 41, Public Contracts, the Act was repealed

and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116

Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works. Section 207 of the Act was repealed

and reenacted by Pub. L. 107-217 as section 559 of Title 40.

Section 5914 of this title, referred to in subsec. (l)(3), was

omitted from the Code.

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(x)(2), is set out in the Appendix to Title 5, Government

Organization and Employees.

The Resource Conservation and Recovery Act of 1976, referred to

in subsec. (y)(3)(A), (E), is Pub. L. 94-580, Oct. 21, 1976, 90

Stat. 2796, as amended, which is classified generally to chapter 82

(Sec. 6901 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title of 1976 Amendment note set

out under section 6901 of this title and Tables.

-COD-

CODIFICATION

The words "the Federal Energy Administration," after "the

Environmental Protection Agency," in subsec. (l)(1)(B) and after

"the Federal Trade Commission," in subsec. (t)(B), and the words

"the Federal Power Commission," after "the Environmental Protection

Agency," in subsec. (t)(B) omitted from text in view of termination

of Federal Energy Administration and Federal Power Commission and

transfer of their functions (with certain exceptions) to Secretary

of Energy pursuant to sections 301, 703, and 707 of Pub. L. 95-91,

Aug. 4, 1977, 91 Stat. 577, 606, 607, which are classified to

sections 7151, 7293, and 7297 of this title. This transfer would

result in subsecs. (l)(1)(B) and (t)(B) being redundant in that it

would require Secretary of Energy to consult with or provide

information to himself. See Transfer of Functions note below.

In subsec. (x)(2), "sections 3141-3144, 3146, and 3147 of title

40" substituted for "the Davis-Bacon Act, as amended (40 U.S.C.

276a - 276a-5)" and "section 3145 of title 40" substituted for

"section 2 of the Act of June 13, 1934, as amended (48 Stat. 948;

40 U.S.C. 276(c))", meaning 276c, on authority of Pub. L. 107-217,

Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of

which enacted Title 40, Public Buildings, Property, and Works.

Another section 19 of Pub. L. 93-577 was classified to section

5918 of this title prior to repeal by Pub. L. 104-106.

-MISC1-

AMENDMENTS

1996 - Subsec. (x)(1). Pub. L. 104-316 struck out subpar. (A)

designation before "Recipients of financial" and struck out subpar.

(B) which read as follows: "Within 6 months after February 25,

1978, and at 6-month intervals thereafter, the Comptroller General

of the United States shall make an audit of recipients of financial

assistance under this section. The Comptroller General may

prescribe such regulations as he deems necessary to carry out this

subparagraph."

1994 - Subsecs. (l)(3), (m). Pub. L. 103-437 substituted

"Committee on Science, Space, and Technology" for "Committee on

Science and Technology".

1986 - Subsec. (y)(3)(F). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

1980 - Subsec. (d). Pub. L. 96-470 struck out subsec. (d) which

provided that prior to submitting a report to Congress pursuant to

subsec. (m) of this section on each guarantee and cooperative

agreement, the Administrator request from the Attorney General and

the Chairman of the Federal Trade Commission written views and

recommendations concerning the impact of such guarantee,

commitment, or agreement on competition and concentration in the

production of energy and give due consideration to the views and

recommendations received, except that if either official, within 60

days after receipt of such request or at any time prior to the

Administrator submitting such report to Congress, recommends

against making the proposed guarantee, commitment, or agreement,

the proposed guarantee, commitment, or agreement be referred to the

President, and the Administrator not do so unless the President

determines in writing that the guarantee, commitment, or agreement

is in the national interest.

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary" and "Secretary's", meaning Secretary of Energy,

substituted for "Administrator" and "Administrator's",

respectively, meaning Administrator of Energy Research and

Development Administration, in text and for "Energy Research and

Development Administration" in subsec. (y)(3)(E)(i), (ii) pursuant

to sections 301(a), 703, and 707 of Pub. L. 95-91, Aug. 4, 1977, 91

Stat. 577, 606, 607, which are classified to sections 7151(a),

7293, and 7297 of this title and which terminated Energy Research

and Development Administration and transferred its functions and

functions of Administrator thereof (with certain exceptions) to

Secretary of Energy.

-MISC2-

NONAPPLICABILITY OF TITLE II OF PUB. L. 95-238 TO ANY AUTHORIZATION

OR APPROPRIATION FOR MILITARY APPLICATION OF NUCLEAR ENERGY, ETC.;

DEFINITIONS

Nonapplicability of provisions of title II of Pub. L. 95-238 with

respect to any authorization or appropriation for any military

application of nuclear energy, etc., see section 209 of Pub. L.

95-238, set out as a note under section 5821 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5906, 8837 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsections".

(!2) See References in Text note below.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5920 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 74 - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 5920. Financial support program for municipal waste

reprocessing demonstration facilities

-STATUTE-

(a) Statement of purpose

It is the purpose of this section -

(1) to assure adequate Federal support to foster a program to

demonstrate municipal waste reprocessing for the production of

fuel and energy intensive products; and

(2) to gather information about the technological, economic,

environmental, and social costs, benefits, and impacts of such

demonstration facilities.

(b) Grants, contracts, price supports, and cooperative agreements

implementing programs; aggregate amount of funds available;

"municipal" defined; ownership, operation, etc., of facilities;

Federal share; price support program regulations for revenue

producing products

(1) The Secretary is authorized and directed, to the extent

provided in appropriation Acts, to establish such a demonstration

program by making grants, contracts, price supports, and

cooperative agreements pursuant to this chapter or any combination

thereof for the establishment of municipal waste reprocessing

demonstration facilities. For the purpose of this section municipal

waste shall include but not be limited to municipal solid waste,

sewage sludge, and other municipal organic wastes.

(2) The aggregate amount of funds available for grants,

contracts, price supports, and cooperative agreements for municipal

waste reprocessing demonstration facilities shall not exceed

$20,000,000 in the fiscal year ending September 30, 1978.

(3) For purposes of this section the term "municipal" shall

include any city, town, borough, county, parish, district, or other

public body created by or pursuant to State law.

(4) Municipal waste reprocessing demonstration facilities

established under this section shall be owned or operated (or both

owned and operated) by the municipality and shall involve the

recovery of energy or energy intensive products. Such facilities

may be established by any public or private entity, by contract or

otherwise, as may be determined by the local government which will

own or operate (or both own and operate) such facilities and to

which financial support is provided. The Federal share for any such

facility to which this section applies shall not exceed 75 per

centum of the cost of such facility, and not more than $40,000,000

in Federal funds under this section may be used for the

construction of any one facility.

(5) The Secretary shall promulgate such regulations as he deems

necessary, pursuant to section 5906(a)(4) and section 5906(c)(1)

and (6) of this title, for purposes of establishing a price support

program for revenue producing products of municipal waste

reprocessing demonstration facilities.

(c) Consultation with Environmental Protection Agency to insure

compliance with provisions relating to solid waste disposal

full-scale demonstration facilities; administration of projects

subject to May 7, 1976, Interagency Agreement

(1) The Secretary shall consult with the Environmental Protection

Agency to assure that the provisions of section 6984 of this title

are applied in carrying out this section.

(2) Any energy-related research, development, or demonstration

project for the conversion (including bioconversion) of municipal

waste carried out by the Secretary pursuant to this chapter or any

other Act shall be administered in accordance with the May 7, 1976,

Interagency Agreement between the Environmental Protection Agency

and the Energy Research and Development Administration on the

development of energy from solid wastes; and specifically, in

accordance with such Agreement (A) for those energy-related

projects of mutual interest, planning will be conducted jointly by

the Environmental Protection Agency and the Secretary, following

which project responsibility will be assigned to one agency; (B)

energy-related aspects of projects for recovery of fuels or energy

intensive products from municipal waste as defined in this section

shall be the responsibility of the Secretary including

energy-related economic and institutional aspects; and (C) the

Environmental Protection Agency shall retain responsibility for the

environmental and other economic and institutional aspects of solid

waste projects and for assurance that such projects are consistent

with any applicable suggested guidelines published pursuant to

section 6907 of this title, and any applicable State or regional

waste management plan.

(d) Guidelines for obtaining program information from

municipalities; availability of information, etc., to

Congressional committees; annual reports to Congress; contents,

etc.

(1) The Secretary shall establish such guidelines as he deems

necessary for purposes of obtaining pertinent information from

municipalities receiving funding under this section. These

guidelines shall include but not be limited to methods of

assessment and evaluation of projects authorized under this

section. Such assessments and evaluations shall be presented by the

Secretary to the House Committee on Science, Space, and Technology

and the Senate Committee on Energy and Natural Resources upon the

request of either such committee.

(2) The Secretary shall annually submit a report to the Congress

concerning the actions taken or not taken by the Secretary under

this section during the preceding fiscal year, and including but

not limited to (A) a discussion of the status of each demonstration

facility and related facilities financed under this section,

including progress made in the development of such facilities, and

the expected or actual production from each such facility including

byproduct production therefrom, and the distribution of such

products and byproducts, (B) a statement of the financial condition

of each such demonstration facility, (C) data concerning the

environmental, community, and health and safety impacts of each

such facility and the actions taken or planned to prevent or

mitigate such impacts, (D) the administrative and other costs

incurred by the Secretary and other Federal agencies in carrying

out this program, and (E) such other data as may be helpful in

keeping Congress and the public fully and currently informed about

the program authorized by this section.

(3) The annual reports required by this subsection shall be a

part of the annual report required by section 5914 (!1) of this

title, except that the matters required to be reported by this

subsection shall be clearly set out and identified in such annual

reports. Such reports shall be transmitted to the Speaker of the

House of Representatives and the House Committee on Science, Space,

and Technology and to the President of the Senate and the Senate

Committee on Energy and Natural Resources.

(e) Transfer of part of program to other agency or authority

No part of the program authorized by this section shall be

transferred to any other agency or authority, except pursuant to

Act of Congress enacted after February 25, 1978.

(f) Compliance by municipalities receiving financial assistance

with Federal and State environmental, etc., laws and regulations,

and licensing requirements

Nothing in this section shall be construed as abrogating any

obligations of any municipality receiving financial assistance

pursuant to this section to comply with Federal and State

environmental, land use, water, and health and safety laws and

regulations or to obtain applicable Federal and State permits,

licenses, and certificates.

-SOURCE-

(Pub. L. 93-577, Sec. 20, as added Pub. L. 95-238, title IV, Sec.

401, Feb. 25, 1978, 92 Stat. 84; amended Pub. L. 103-437, Sec.

15(c)(9), Nov. 2, 1994, 108 Stat. 4592.)

-REFTEXT-

REFERENCES IN TEXT

Section 5914 of this title, referred to in subsec. (d)(3), was

omitted from the Code.

-MISC1-

AMENDMENTS

1994 - Subsec. (d)(1), (3). Pub. L. 103-437 substituted

"Committee on Science, Space, and Technology" for "Committee on

Science and Technology".

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary", meaning Secretary of Energy, substituted for

"Administrator" in subsecs. (b)(1), (5), (c)(1), and (d)(1), (2)

and for "Energy Research and Development Administration" in subsec.

(c)(2) pursuant to sections 301(a), 703, and 707 of Pub. L. 95-91,

Aug. 4, 1977, 91 Stat. 577, 606, 607, which are classified to

sections 7151(a), 7293, and 7297 of this title and which terminated

Energy Research and Development Administration and transferred its

functions and functions of Administrator thereof (with certain

exceptions) to Secretary of Energy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8838 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-