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US (United States) Code. Title 42. Chapter 71: Solar Energy

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-CITE-

42 USC CHAPTER 71 - SOLAR ENERGY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

-HEAD-

CHAPTER 71 - SOLAR ENERGY

-MISC1-

SUBCHAPTER I - HEATING AND COOLING

Sec.

5501. Congressional findings and declaration of policy.

5502. Definitions.

5503. Development and demonstration of solar heating systems

for use in residential dwellings.

(a) Functions of Administrator and Secretary.

(b) Time for determination, prescription and

publishing of interim performance criteria;

selection of designs for suitable dwellings.

systems for commercial production and

residential use; contracts for procurement of

heating systems and components.

(d) Installation of heating systems; operation

during demonstration period; title and

ownership of dwellings and systems; agreement

of owner to observe and monitor system for

five years; reports by owner.

(e) Installation of heating systems by Secretary of

Defense in dwellings located on Federal or

federally administered property.

(f) Coordination of activities to assure a

realistic and effective demonstration.

5504. Development and demonstration of combined solar

heating and cooling systems for use in residential

dwellings.

(a) Functions of Administrator and Secretary.

(b) Time for determination, prescription and

publishing of interim performance criteria;

selection of designs for suitable dwellings.

provide additional technological resources for

development and commercial application of

combined systems.

(d) Contracts and grants for development of

combined systems for commercial production and

residential use; contracts for procurement of

combined systems.

(e) Installation of combined systems; operation

during demonstration period; title and

ownership of dwellings and systems; agreement

of owner to observe and monitor system;

reports by owner.

(f) Installation of combined systems by Secretary

of Defense in dwellings located on Federal or

federally administered property.

(g) Coordination of activities to assure a

realistic and effective demonstration.

5504a, 5505. Repealed or Omitted.

5506. Test procedures and definitive performance criteria

for solar heating and combined solar heating and

cooling components and systems and suitable

dwellings; determination, consultation and

publication in Federal Register.

5507. Arrangements with Federal agencies for development and

demonstration of solar heating and combined heating

and cooling systems for commercial buildings.

5508. Program of applied research by Secretary of Energy for

improvement and development of heating systems for

commercial application; transmission of results to

Secretary and Administrator.

5509. Supervision of systems and programs by Secretary.

(a) Monitoring of performance; collection and

evaluation of data; studies and investigation;

reports to Congress.

(b) Cooperation with scientific, technical, and

professional societies and industry

representatives in development of performance

criteria and test procedures.

industries and scientific and technical

communities.

5510. Dissemination of information to promote practical use

of solar heating and cooling technologies.

(a) Coordination by Secretary with other Federal

agencies in dissemination to Federal, State,

and local authorities, etc.

(b) Studies, investigations and modifications of

building codes, zoning ordinances, etc., to

promote use of solar energy in buildings.

and Cooling Information Data Bank; retrieval

and dissemination services; compilation of

information for use by governmental agencies,

nonprofit organizations and private persons;

utilization of existing information.

(d) Annual reports to President and Congress by

officers and agencies; contents; special

annual report by Secretary.

5511. Federally assisted or federally constructed housing.

(a) Maximum dollar amount of federally assisted

mortgage loan or maximum per unit or other

cost or floor area limitation of federally

constructed housing.

(b) "Mortgage loan" and "federally assisted

mortgage loan" defined.

5511a. Solar Assistance Financing Entity.

(a) Establishment.

(b) Purpose.

(d) Financing options.

(e) Authority to leverage other funds.

(f) Provision of assistance.

(g) Regulations.

(h) Authorization of appropriations.

5512. Small business concerns' opportunities to participate

in programs.

5513. Priorities and criteria of demonstration programs.

5514. Regulations.

5515. Use of publicly assisted housing by Secretary in

demonstrations.

5516. Transfer of functions.

5517. Authorization of appropriations.

(a) Appropriations to National Aeronautics and

Space Administration.

(b) Appropriations to Department of Housing and

Urban Development.

subchapter.

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

5551. Congressional declaration of findings and policy.

5552. Definitions.

5553. Solar Energy Coordination and Management Project.

(a) Establishment.

(b) Membership; chairman; compensation.

(d) Cooperation with other Federal agencies;

assignment of other Federal agency personnel

to Project.

(e) Establishment or approval of program or

project; operation and administration of

program or project.

(f) Authorization of National Aeronautics and Space

Administration to undertake and carry out

assigned programs.

5554. Solar energy resource determination and assessment

program; objectives; implementation.

5555. Research and development program.

(a) Purpose.

(b) Implementation.

5556. Solar energy demonstration facilities program.

(a) Authorization for design and construction of

facilities; objectives.

(b) Criteria for determination to proceed from

development program to demonstration.

each form of solar energy.

(d) Investigation and agreements for cooperative

development of demonstration facilities.

(e) Construction and operation of demonstration

projects without cooperative agreements.

(f) Additional appropriations for projects

exceeding maximum amount.

(g) Disposition of Federal property interests,

electricity, synthetic fuels, and other

byproducts upon completion of project.

5556a. Solar photovoltaic energy systems studies and

acquisitions by Secretary of Energy; scope, contents,

and submission dates for reports; acquisition

authority and requirements; authorization of

appropriations.

5557. Solar Energy Information Data Bank.

(a) Establishment; utilization of other Federal

agencies; information and data to be compiled;

retrieval and dissemination services;

utilization of existing scientific and

technical information.

(b) Studies and research to promote consumer

acceptance and utilization of solar energy

technologies.

utilization programs.

5558. Scientific and technical education programs.

5559. Solar Energy Research Institute; establishment;

functions; location.

5560. International cooperation in solar energy research and

programs of education.

5561. Regulations.

5562. Summary in annual report.

5563. Project information to Congressional committees.

5564. Comprehensive program definition; preparation;

utilization of and consultation with other agencies;

transmittal to the President and Congress; time of

transmittal.

5565. Transfer of functions.

5566. Authorization of appropriations.

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT

AND DEMONSTRATION

5581. Congressional findings and declaration of policy.

5582. Definitions.

5583. Establishment and promotion of research, development,

and demonstration programs.

5584. Federal assistance application procedures; selection

of applicants; agreements; financial assistance;

observation and monitoring of photovoltaic systems;

reports; projects and activities.

5585. Contracts, grants and arrangements.

(a) Selection of photovoltaic components and

systems, design concepts, and designs.

(b) Commercial production and utilization of

photovoltaic components and systems; selection

of components and systems compatible with

chosen design concepts; procurement of

components and systems.

photovoltaic systems; utilization of systems

in existing facilities; terms and conditions

upon transfer of facilities and systems.

(d) Arrangements with Federal agencies for

demonstration of systems in Federal buildings

and facilities.

(e) Projects and activities.

5586. Test procedures and performance criteria.

(a) Testing program.

(b) Establishment and use of performance criteria.

(d) Performance criteria applicable to photovoltaic

component or system procured or installed by

Federal Government or with Federal assistance.

5587. Supervision of research, development, and

demonstration programs.

(a) Monitoring of photovoltaic systems; collection

and evaluation of data; studies,

investigations, and reports.

(b) Assistance from scientific, technical, and

professional societies and industry

representatives.

scientific and technical community.

5588. Solar Photovoltaic Energy Advisory Committee.

(a) Establishment; duties.

(b) Membership; chairman.

agencies, and instrumentalities.

(d) Application of section 7234 of this title.

5589. Promotion and facilitation of practical use of

photovoltaic energy.

(a) Dissemination of information; trade secret

exemption.

(b) Studies and investigations.

Congress.

(d) Consultation with government agencies, industry

representatives, and scientific and technical

community; coordination and merger of studies

and reports.

5590. Submittal to Congressional committees of plan for

demonstrating applications of photovoltaic systems

and facilitating use in other nations; encouragement

of international participation and cooperation;

coordination and consistency of plan and

international activities with similar activities and

programs.

5591. Participation of small business concerns.

5592. Priorities.

5593. Construction with National Energy Conservation Policy

Act.

5594. Authorization of appropriations.

-End-

-CITE-

42 USC SUBCHAPTER I - HEATING AND COOLING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

SUBCHAPTER I - HEATING AND COOLING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5553, 5902, 7135a of

this title.

-End-

-CITE-

42 USC Sec. 5501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5501. Congressional findings and declaration of policy

-STATUTE-

(a) The Congress hereby finds that -

(1) the current imbalance between supply and demand for fuels

and energy is likely to persist for some time;

(2) the early demonstration of the feasibility of using solar

energy for the heating and cooling of buildings could help to

relieve the demand upon present fuel and energy supplies;

(3) the technologies for solar heating are close to the point

of commercial application in the United States;

(4) the technologies for combined solar heating and cooling

still require research, development, testing and demonstration,

but no insoluble technical problem is now foreseen in achieving

commercial use of such technologies;

(5) the early development and export of viable solar heating

equipment and combined solar heating and cooling equipment,

consistent with the established preeminence of the United States

in the field of high technology products, can make a valuable

contribution to our balance of trade;

(6) the widespread use of solar energy in place of conventional

methods for the heating and cooling of buildings would have a

significantly beneficial effect upon the environment;

(7) the mass production and use of solar heating and cooling

equipment will help to eliminate the dependence of the United

States upon foreign energy sources and promote the national

defense;

(8) the widespread introduction of low-cost solar energy will

be beneficial to consumers in a period of rapidly rising fuel

cost;

(9) innovation and creativity in the development of solar

heating and combined solar heating and cooling components and

systems can be fostered through encouraging direct contact

between the manufacturers of such systems and the architects,

engineers, developers, contractors, and other persons interested

in installing such systems in buildings;

(10) evaluation of the performance and reliability of solar

heating and combined solar heating and cooling technologies can

be expedited by testing under carefully controlled conditions;

and

(11) commercial application of solar heating and combined solar

heating and cooling technologies can be expedited by early

commercial demonstration under practical conditions.

(b) It is therefore declared to be the policy of the United

States and the purpose of this subchapter to provide for the

demonstration within a three-year period of the practical use of

solar heating technology, and to provide for the development and

demonstration within a five-year period of the practical use of

combined heating and cooling technology.

-SOURCE-

(Pub. L. 93-409, Sec. 2, Sept. 3, 1974, 88 Stat. 1069.)

-MISC1-

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-590, Sec. 1, Nov. 4, 1978, 92 Stat. 2513, provided:

"That this Act [enacting subchapter III of this chapter] may be

cited as the 'Solar Photovoltaic Energy Research, Development, and

Demonstration Act of 1978'."

SHORT TITLE

Section 1 of Pub. L. 93-409 provided: "That this Act [enacting

this subchapter and amending section 2473 of this title] may be

cited as the 'Solar Heating and Cooling Demonstration Act of

1974'."

Pub. L. 93-473, Sec. 1, Oct. 26, 1974, 88 Stat. 1431, provided:

"That this Act [enacting subchapter II of this chapter] may be

cited as the 'Solar Energy Research, Development, and Demonstration

Act of 1974'."

-End-

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42 USC Sec. 5502 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5502. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "solar heating", with respect to any building,

means the use of solar energy to meet such portion of the total

heating needs of such building (including hot water), or such

portion of the needs of such building for hot water (where its

remaining heating needs are met by other methods), as may be

required under performance criteria prescribed by the Secretary

of Housing and Urban Development utilizing the services of the

Director of the National Institute of Standards and Technology,

and in consultation with the Secretary of Energy, and the

Administrator of the National Aeronautics and Space

Administration;

(2) the terms "solar heating and cooling" and "combined solar

heating and cooling", with respect to any building, mean the use

of solar energy to provide both such portion of the total heating

needs of such building (including hot water) and such portion of

the total cooling needs of such building, or such portion of the

needs of such building for hot water (where its remaining heating

needs are met by other methods) and such portion of the total

cooling needs of a building, as may be required under performance

criteria prescribed by the Secretary of Housing and Urban

Development utilizing the services of the Director of the

National Institute of Standards and Technology, and in

consultation with the Secretary of Energy, and the Administrator

of the National Aeronautics and Space Administration, and such

term includes cooling by means of nocturnal heat radiation, by

evaporation, or by other methods of meeting peakload energy

requirements at nonpeakload times;

(3) the term "residential dwellings" includes previously

occupied and new single family and multifamily dwellings, mobile

homes, and publicly assisted housing owned by a private sponsor

or a State or local housing authority not covered by section 5515

of this title;

(4) the term "Administrator" means the Administrator of the

National Aeronautics and Space Administration;

(5) the term "Secretary" means the Secretary of Housing and

Urban Development; and

(6) Omitted.

-SOURCE-

(Pub. L. 93-409, Sec. 3, Sept. 3, 1974, 88 Stat. 1070; Pub. L.

93-438, title I, Sec. 104(f), title III, Sec. 301(h), Oct. 11,

1974, 88 Stat. 1238, 1250; 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.)

-COD-

CODIFICATION

Par. (6) of this section, which defined the term "Director" as

meaning the Director of the National Science Foundation, was

omitted because of the transfer of functions from the National

Science Foundation to the Secretary of Energy and the substitution

of "Secretary of Energy" for "Director" wherever appearing in this

subchapter. See Transfer of Functions note set out below.

-MISC1-

AMENDMENTS

1988 - Pars. (1), (2). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted for "Director of the National

Science Foundation" in pars. (1) and (2) pursuant to sections

104(f) and 301(h) of Pub. L. 93-438, which are classified to

sections 5814(f) and 5871(h) of this title and which transferred

functions of National Science Foundation relating to or utilized in

connection with solar heating and cooling development to

Administrator of Energy Research and Development Administration,

and 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 38 section 3710.

-End-

-CITE-

42 USC Sec. 5503 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5503. Development and demonstration of solar heating systems

for use in residential dwellings

-STATUTE-

(a) Functions of Administrator and Secretary

The Administrator and the Secretary shall promptly initiate and

carry out a program, as provided in this section, for the

development and demonstration of solar heating systems (including

collectors, controls, and thermal storage) for use in residential

dwellings.

(b) Time for determination, prescription and publishing of interim

performance criteria; selection of designs for suitable dwellings

(1) Within 120 days after September 3, 1974, the Secretary,

utilizing the services of the Director of the National Institute of

Standards and Technology and in consultation with the Administrator

and the Secretary of Energy, shall determine, prescribe, and

publish -

(A) interim performance criteria for solar heating components

and systems to be used in residential dwellings, and

(B) interim performance criteria (relating to suitability for

solar heating) for such dwellings themselves,

taking into account in each instance climatic variations existing

between different geographic areas.

(2) As soon as possible after the publication of the performance

criteria prescribed under paragraph (1), the Secretary, in

consultation with the Director of the National Institute of

Standards and Technology and the Administrator, will select on the

basis of open competition a number of designs for various types of

residential dwellings suitable for and adapted to the installation

of solar heating systems meeting the performance criteria

prescribed under paragraph (1)(A).

commercial production and residential use; contracts for

procurement of heating systems and components

The Administrator, in accordance with the applicable provisions

of title II of the National Aeronautics and Space Act of 1958 [42

U.S.C. 2471 et seq.] and under program guidelines established

jointly by the Administrator and the Secretary, shall, after

consultation with the Secretary -

(1) enter into such contracts and grants as may be necessary or

appropriate for the development (for commercial production and

residential use) of solar heating systems meeting the performance

criteria prescribed under subsection (b)(1)(A) of this section

(including any further planning and design which may be required

to conform with the specifications set forth in such criteria);

and

(2) enter into contracts with a number of persons or firms for

the procurement of solar heating components and systems meeting

such performance criteria (including adequate numbers of spare

and replacement parts for such systems).

(d) Installation of heating systems; operation during demonstration

period; title and ownership of dwellings and systems; agreement

of owner to observe and monitor system for five years; reports by

owner

The Secretary shall (1) arrange for the installation of solar

heating systems procured by the Administrator under subsection

(c)(2) of this section in a substantial number of residential

dwellings and (2) provide for the satisfactory operation of such

installations during the demonstration period. Title to and

ownership of any dwellings constructed hereunder and of solar

heating systems installed hereunder may be conveyed to purchasers

or owners of such dwellings under terms and conditions prescribed

by the Secretary, including an express agreement that any such

purchaser or owner shall, in such manner and form and on such terms

and conditions as the Secretary may prescribe, observe and monitor

(or permit the Secretary to observe and monitor) the performance

and operation of such system for a period of five years, and that

such purchaser or owner (including any subsequent owner and

occupant of the property who also makes such an agreement) shall

regularly furnish the Secretary with such reports thereon as the

agreement may require.

(e) Installation of heating systems by Secretary of Defense in

dwellings located on Federal or federally administered property

The Secretary of Defense shall arrange for the installation of

solar heating systems procured by the Administrator under

subsection (c)(2) of this section in a substantial number of

residential dwellings which are located on Federal or federally

administered property where the performance and operation of such

systems can be regularly and effectively observed and monitored by

designated Federal personnel.

(f) Coordination of activities to assure a realistic and effective

demonstration

The Secretary and the Secretary of Defense, and officials

responsible for administering Federal or federally administered

property, shall coordinate their activities under this section to

assure that solar heating systems are installed in a substantial

number of residential dwellings and in a sufficient number of

different geographic areas under varying climatic conditions to

constitute a realistic and effective demonstration in support of

the objectives of this subchapter.

-SOURCE-

(Pub. L. 93-409, Sec. 5, Sept. 3, 1974, 88 Stat. 1070; Pub. L.

93-438, title I, Sec. 104(f), title III, Sec. 301(h), Oct. 11,

1974, 88 Stat. 1238, 1250; 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.)

-REFTEXT-

REFERENCES IN TEXT

The National Aeronautics and Space Act of 1958, referred to in

subsec. (c), is Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as

amended. Title II of the National Aeronautics and Space Act of 1958

is classified generally to subchapter II (Sec. 2471 et seq.) of

chapter 26 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 2451 of

this title and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (b)(1), (2). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted for "Director", meaning

Director of National Science Foundation, in subsec. (b)(1) pursuant

to sections 104(f) and 301(h) of Pub. L. 93-438, which are

classified to sections 5814(f) and 5871(h) of this title and which

transferred functions of National Science Foundation relating to or

utilized in connection with solar heating and cooling development

to Administrator of Energy Research and Development Administration,

and 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 2473, 5506, 5507, 5509,

5511, 5513 of this title.

-End-

-CITE-

42 USC Sec. 5504 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5504. Development and demonstration of combined solar heating

and cooling systems for use in residential dwellings

-STATUTE-

(a) Functions of Administrator and Secretary

The Administrator and the Secretary shall promptly initiate and

carry out a program, as provided in this section, for the

development and demonstration of combined solar heating and cooling

systems (including collectors, controls, and thermal storage) for

use in residential dwellings.

(b) Time for determination, prescription and publishing of interim

performance criteria; selection of designs for suitable dwellings

(1) As soon as possible after September 3, 1974, the Secretary,

utilizing the services of the Director of the National Institute of

Standards and Technology and in consultation with the Administrator

and the Secretary of Energy, shall determine, prescribe, and

publish -

(A) interim performance criteria for combined solar heating and

cooling components and systems to be used in residential

dwellings, and

(B) interim performance criteria (relating to suitability for

solar heating and cooling) for such dwellings themselves,

taking into account in each instance climatic variations existing

between different geographic areas.

(2) As soon as possible after the publication of the performance

criteria prescribed under paragraph (1) (and if possible before the

completion of the research and development provided for in

subsection (c) of this section), the Secretary, in consultation

with the Director of the National Institute of Standards and

Technology and the Administrator, will select on the basis of open

competition a number of designs for various types of residential

dwellings suitable for and adapted to the installation of combined

solar heating and cooling systems meeting the performance criteria

prescribed under paragraph (1)(A).

additional technological resources for development and commercial

application of combined systems

During the period immediately following the publication of

performance criteria under subsection (b)(1) of this section, the

Administrator, in coordination with the Secretary of Energy, shall

undertake and conduct with respect to solar heating and cooling a

program of research, development, and testing designed to provide

the additional technological resources necessary for the

development and commercial application of combined solar heating

and cooling systems as contemplated by the program under this

section.

(d) Contracts and grants for development of combined systems for

commercial production and residential use; contracts for

procurement of combined systems

The Administrator, in accordance with the applicable provisions

of title II of the National Aeronautics and Space Act of 1958 [42

U.S.C. 2471 et seq.] and under program guidelines established

jointly by the Administrator and the Secretary, and at the earliest

possible time during or immediately after the period specified in

subsection (c) of this section, shall, after consultation with the

Secretary -

(1) enter into such contracts and grants as may be necessary or

appropriate for the development (for commercial production and

residential use) of combined solar heating and cooling systems

meeting the performance criteria prescribed under subsection

(b)(1)(A) of this section (including any further planning and

design which may be required to conform with the specifications

set forth in such criteria or to reflect the results of the

activities conducted under subsection (c) of this section); and

(2) enter into contracts with a number of persons or firms for

the procurement of combined solar heating and cooling systems

meeting such performance criteria (including adequate numbers of

spare and replacement parts for such systems).

(e) Installation of combined systems; operation during

demonstration period; title and ownership of dwellings and

systems; agreement of owner to observe and monitor system;

reports by owner

The Secretary shall (1) arrange for the installation of combined

solar heating and cooling systems procured by the Administrator

under subsection (d)(2) of this section in a substantial number of

residential dwellings and (2) provide for the satisfactory

operation of such installations during the demonstration period.

Title to and ownership of any dwellings constructed hereunder and

of combined solar heating and cooling systems installed hereunder

may be conveyed to purchasers or owners of such dwellings under

terms and conditions prescribed by the Secretary, including an

express agreement that any such purchaser or owner shall, in such

manner and form and on such terms and conditions as the Secretary

may prescribe, observe and monitor (or permit the Secretary to

observe and monitor) the performance and operation of such system

for a period of five years, and that such purchaser or owner

(including any subsequent owner and occupant of the property who

also makes such an agreement) shall regularly furnish the Secretary

with such reports thereon as the agreement may require.

(f) Installation of combined systems by Secretary of Defense in

dwellings located on Federal or federally administered property

The Secretary of Defense shall arrange for the installation of

combined solar heating and cooling systems procured by the

Administrator under subsection (d)(2) of this section in a

substantial number of residential dwellings which are located on

Federal or federally administered property where the performance

and operation of such systems can be regularly and effectively

observed and monitored by designated Federal personnel.

(g) Coordination of activities to assure a realistic and effective

demonstration

The Secretary and the Secretary of Defense, and officials

responsible for administering Federal or federally administered

property, shall coordinate their activities under this section to

assure that combined solar heating and cooling systems are

installed in a substantial number of residential dwellings and in a

sufficient number of geographic areas under varying climatic

conditions to constitute a realistic and effective demonstration in

support of the objectives of this subchapter.

-SOURCE-

(Pub. L. 93-409, Sec. 6, Sept. 3, 1974, 88 Stat. 1072; Pub. L.

93-438, title I, Sec. 104(f), title III, Sec. 301(h), Oct. 11,

1974, 88 Stat. 1238, 1250; 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.)

-REFTEXT-

REFERENCES IN TEXT

The National Aeronautics and Space Act of 1958, referred to in

subsec. (d), is Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as

amended. Title II of the National Aeronautics and Space Act of 1958

is classified generally to subchapter II (Sec. 2471 et seq.) of

chapter 26 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 2451 of

this title and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (b)(1), (2). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted for "Director", meaning

Director of National Science Foundation, in subsecs. (b)(1) and (c)

pursuant to sections 104(f) and 301(h) of Pub. L. 93-438, which are

classified to sections 5814(f) and 5871(h) of this title and which

transferred functions of National Science Foundation relating to or

utilized in connection with solar heating and cooling development

to Administrator of Energy Research and Development Administration,

and 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 2473, 5506, 5507, 5509,

5511, 5513 of this title.

-End-

-CITE-

42 USC Sec. 5504a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5504a. Repealed. Pub. L. 96-125, title VIII, Sec. 804(b), Nov.

26, 1979, 93 Stat. 948

-MISC1-

Section, Pub. L. 95-356, title VIII, Sec. 804, Sept. 8, 1978, 92

Stat. 585, related to use of solar energy systems in military

construction projects.

-End-

-CITE-

42 USC Sec. 5505 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5505. Omitted

-COD-

CODIFICATION

Section, Pub. L. 93-409, Sec. 7, Sept. 3, 1974, 88 Stat. 1073,

authorized and directed Administrator and Secretary to prepare a

comprehensive plan for conduct of development and demonstration

activities under section 5503 and 5504, such plan to be transmitted

to President and Congress within 120 days after Sept. 3, 1974.

-End-

-CITE-

42 USC Sec. 5506 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5506. Test procedures and definitive performance criteria for

solar heating and combined solar heating and cooling components

and systems and suitable dwellings; determination, consultation

and publication in Federal Register

-STATUTE-

As soon as feasible, and utilizing data available from the

demonstration programs under sections 5503 and 5504 of this title,

the Secretary, utilizing the services of the Director of the

National Institute of Standards and Technology and in consultation

with the Administrator and the Secretary of Energy shall determine,

prescribe, and publish in the Federal Register in accordance with

the applicable provisions regarding rulemaking prescribed by

section 553 of title 5,

(1) definitive performance criteria for solar heating and

combined solar heating and cooling components and systems to be

used in residential dwellings, taking into account climatic

variations existing between different geographic areas;

(2) definitive performance criteria (relating to suitability

for solar heating and for combined solar heating and cooling) for

such dwellings, taking into account climatic variations existing

between different geographic areas; and

(3) procedures whereby manufacturers of solar heating and

combined solar heating and cooling components and systems shall

have their products tested in order to provide certification that

such products conform to the performance criteria established

under paragraph (1).

-SOURCE-

(Pub. L. 93-409, Sec. 8, Sept. 3, 1974, 88 Stat. 1073; Pub. L.

93-438, title I, Sec. 104(f), title III, Sec. 301(h), Oct. 11,

1974, 88 Stat. 1238, 1250; 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".

-TRANS-

TRANSFER OF FUNCTIONS

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

Director of National Science Foundation, pursuant to sections

104(f) and 301(h) of Pub. L. 93-438, which are classified to

sections 5814(f) and 5871(h) of this title and which transferred

functions of National Science Foundation relating to or utilized in

connection with solar heating and cooling development to

Administrator of Energy Research and Development Administration,

and 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 section 5509 of this title.

-End-

-CITE-

42 USC Sec. 5507 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5507. Arrangements with Federal agencies for development and

demonstration of solar heating and combined heating and cooling

systems for commercial buildings

-STATUTE-

The Administrator, in consultation with the Secretary, the

Secretary of Energy, the Administrator of General Services, and the

Director of the National Institute of Standards and Technology and

concurrently with the conduct of the programs under sections 5503

and 5504 of this title, shall enter into arrangements with

appropriate Federal agencies to carry out such projects and

activities (including demonstration projects) with respect to

apartment buildings, office buildings, factories, crop-drying

facilities and other agricultural structures, public buildings

(including schools and colleges), and other non-residential,

commercial, or industrial buildings, taking into account the

special needs of and individual differences in such buildings based

upon size, function, and other relevant factors, as may be

appropriate for the early development and demonstration of solar

heating and combined solar heating and cooling systems suitable and

effective for use in such buildings.

-SOURCE-

(Pub. L. 93-409, Sec. 9, Sept. 3, 1974, 88 Stat. 1074; Pub. L.

93-438, title I, Sec. 104(f), title III, Sec. 301(h), Oct. 11,

1974, 88 Stat. 1238, 1250; 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".

-TRANS-

TRANSFER OF FUNCTIONS

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

Director of National Science Foundation, pursuant to sections

104(f) and 301(h) of Pub. L. 93-438, which are classified to

sections 5814(f) and 5871(h) of this title and which transferred

functions of National Science Foundation relating to or utilized in

connection with solar heating and cooling development to

Administrator of Energy Research and Development Administration,

and 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 2473, 5511, 5513 of this

title.

-End-

-CITE-

42 USC Sec. 5508 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5508. Program of applied research by Secretary of Energy for

improvement and development of heating systems for commercial

application; transmission of results to Secretary and

Administrator

-STATUTE-

(a) The Secretary of Energy shall conduct a program of applied

research relevant to (1) the improvement of solar heating

components and systems and (2) the development and commercial

application of combined solar heating and cooling components and

systems as contemplated by the programs under this subchapter.

(b) The Secretary of Energy shall apprise the Secretary and the

Administrator on a continuing basis of the results of the programs

being conducted in accordance with subsection (a) of this section,

and the Secretary and the Administrator shall insure that such

results, where appropriate, are incorporated into the development

and demonstration programs established by this subchapter.

-SOURCE-

(Pub. L. 93-409, Sec. 10, Sept. 3, 1974, 88 Stat. 1074; Pub. L.

93-438, title I, Sec. 104(f), title III, Sec. 301(h), Oct. 11,

1974, 88 Stat. 1238, 1250; 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 of Energy" substituted in text for "Director", meaning

Director of National Science Foundation, pursuant to sections

104(f) and 301(h) of Pub. L. 93-438, which are classified to

sections 5814(f) and 5871(h) of this title and which transferred

functions of National Science Foundation relating to or utilized in

connection with solar heating and cooling development to

Administrator of Energy Research and Development Administration,

and 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. 5509 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5509. Supervision of systems and programs by Secretary

-STATUTE-

(a) Monitoring of performance; collection and evaluation of data;

studies and investigation; reports to Congress

The Secretary, utilizing the services of the Director of the

National Institute of Standards and Technology and in coordination

with such other Government agencies as may be appropriate, shall -

(1) monitor the performance and operation of solar heating and

combined solar heating and cooling systems installed in

residential dwellings under this subchapter;

(2) collect and evaluate data and information on the

performance and operation of solar heating and combined solar

heating and cooling systems installed in residential dwellings

under this subchapter; and

(3) from time to time, carrying out such studies and

investigations and take such other actions, including the

submission of special reports to the Congress when appropriate,

as may be necessary to assure that the programs for which the

Secretary is responsible under this subchapter effectively carry

out the policy of this subchapter.

(b) Cooperation with scientific, technical, and professional

societies and industry representatives in development of

performance criteria and test procedures

In the development of the performance criteria and test

procedures required under sections 5503, 5504, and 5506 of this

title, the Secretary shall work closely with the appropriate

scientific, technical, and professional societies and industry

representatives to insure the best possible use of available

expertise in this area.

scientific and technical communities

The Secretary shall also maintain continuing liaison with the

building industry and related industries and interests, and with

the scientific and technical community during and after the period

of the programs carried out under this subchapter, in order to

assure that the projected benefits of such programs are and will

continue to be realized.

-SOURCE-

(Pub. L. 93-409, Sec. 11, Sept. 3, 1974, 88 Stat. 1074; Pub. L.

100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

-End-

-CITE-

42 USC Sec. 5510 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5510. Dissemination of information to promote practical use of

solar heating and cooling technologies

-STATUTE-

(a) Coordination by Secretary with other Federal agencies in

dissemination to Federal, State, and local authorities, etc.

The Secretary shall take all possible steps to assure that full

and complete information with respect to the demonstrations and

other activities conducted under this subchapter is made available

to Federal, State, and local authorities, the building industry and

related segments of the economy, the scientific and technical

community, and the public at large, both during and after the close

of the programs under this subchapter, with the objective of

promoting and facilitating to the maximum extent feasible the early

and widespread practical use of solar energy for the heating and

cooling of buildings throughout the United States. In accordance

with regulations prescribed under section 5514 of this title such

information shall be disseminated on a coordinated basis by the

Secretary, the Administrator, the Director of the National

Institute of Standards and Technology, the Secretary of Energy, the

Under Secretary of Commerce for Intellectual Property and Director

of the United States Patent and Trademark Office, and other

appropriate Federal offices and agencies.

(b) Studies, investigations and modifications of building codes,

zoning ordinances, etc., to promote use of solar energy in

buildings

In addition, the Secretary shall -

(1) study and investigate the effect of building codes, zoning

ordinances, tax regulations, and other laws, codes, ordinances,

and practices upon the practical use of solar energy for the

heating and cooling of buildings;

(2) determine the extent to which such laws, codes, ordinances,

and practices should be changed to permit or facilitate such use,

and the methods by which any such changes may best be brought

about; and

(3) study the necessity of a program of incentives to

accelerate the commercial application of solar heating and

cooling technology.

Information Data Bank; retrieval and dissemination services;

compilation of information for use by governmental agencies,

nonprofit organizations and private persons; utilization of

existing information

(1) In carrying out his functions under subsections (a) and (b)

of this section the Secretary, utilizing the capabilities of the

National Aeronautics and Space Administration, the Department of

Commerce, and the Secretary of Energy to the maximum extent

possible, shall establish and operate a Solar Heating and Cooling

Information Data Bank (hereinafter in this subsection referred to

as the "bank") for the purpose of collecting, reviewing,

processing, and disseminating solar heating and cooling information

and data in a timely and accurate manner in support of the

objectives of this subchapter.

(2) Information and data compiled in the bank shall include -

(A) technical information (including reports, journal articles,

dissertions,(!1) monographs, and project descriptions) on solar

energy research, development, and applications;

(B) technical information on the design, construction, and

maintenance of buildings compatible with solar heating and

cooling concepts;

for solar heating and cooling;

(D) climatic conditions in appropriate areas of the United

States, including those areas where the demonstrations are to be

located; and

(E) engineering performance of devices utilized in solar

heating and cooling or to be employed in the demonstrations.

(3) In accordance with regulations prescribed under section 5514

of this title, the Secretary shall provide retrieval and

dissemination services to cover the solar heating and cooling

information described under paragraph (2) for -

(A) Federal, State, and local government organizations that are

active in the area of energy resources (and their contractors);

(B) universities, colleges, and other nonprofit organizations;

and

(4) In carrying out his functions under this subsection, the

Secretary shall utilize, when feasible, the existing data base of

scientific and technical information in Federal agencies, adding to

such data base any information described in paragraph (2) which

does not already reside in such base.

(d) Annual reports to President and Congress by officers and

agencies; contents; special annual report by Secretary

Each Federal officer and agency having functions under this

subchapter shall include in his or its annual report to the

President and the Congress a full and complete description of his

or its activities (current and projected) under this subchapter,

along with his or its recommendations for legislative,

administrative, or other action to improve the programs under this

subchapter or to achieve the objectives of this subchapter more

promptly and effectively. In addition, the Secretary shall submit

annually to the President and the Congress a special report

summarizing in appropriate detail all of the activities (current

and projected) of the various Federal officers and agencies having

functions under this subchapter, with the objective of presenting a

comprehensive overall view of such programs.

-SOURCE-

(Pub. L. 93-409, Sec. 12, Sept. 3, 1974, 88 Stat. 1075; Pub. L.

93-438, title I, Sec. 104(f), title III, Sec. 301(h), Oct. 11,

1974, 88 Stat. 1238, 1250; 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; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(b)(21)], Nov. 29, 1999, 113 Stat. 1536, 1501A-585.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-113 substituted "Under Secretary

of Commerce for Intellectual Property and Director of the United

States Patent and Trademark Office" for "Commissioner of the Patent

Office".

1988 - Subsec. (a). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (d) of this section is listed

in item 12 on page 102), see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted for "Director", meaning

Director of National Science Foundation, in subsec. (a) and for

"National Science Foundation" in subsec. (c) pursuant to sections

104(f) and 301(h) of Pub. L. 93-438, which are classified to

sections 5814(f) and 5871(h) of this title and which transferred

functions of National Science Foundation relating to or utilized in

connection with solar heating and cooling development to

Administrator of Energy Research and Development Administration,

and 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) So in original. Probably should be "dissertations,".

-End-

-CITE-

42 USC Sec. 5511 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5511. Federally assisted or federally constructed housing

-STATUTE-

(a) Maximum dollar amount of federally assisted mortgage loan or

maximum per unit or other cost or floor area limitation of

federally constructed housing

(1) In determining the maximum dollar amount of any federally

assisted mortgage loan (as defined in subsection (b) of this

section) or the maximum per unit or other cost or floor area

limitation of any federally constructed housing (as defined in

subsection (c) of this section), where the law establishing the

program under which the loan is made or the housing is constructed

specifies such maximum per unit or other cost on floor area

limitation and the structure involved is furnished with solar

heating or combined solar heating and cooling equipment under the

demonstration program established by section 5503, 5504, or 5507 of

this title, the maximum amount or cost or floor area limitation so

specified which is applicable to such structure shall be deemed to

be increased by the amount by which (as determined by the Secretary

or the Secretary of Defense, as appropriate) the price or cost or

floor area limitation of the structure including such solar heating

or combined solar heating and cooling equipment exceeds the price

or cost or floor area limitation of the structure with such

equipment replaced by conventional heating equipment or

conventional heating and cooling equipment (as the case may be).

(2) In addition, in the case of a federally assisted mortgage

loan, the cost excess specified in subsection (a) of this section

shall be fully taken into account in determining the value or cost

of the structure involved for purposes of applying any statutory

provision specifying the maximum loan-to-value or -cost ratio;

except that, if the law specifies different rates of downpayment

for successive increments of such value or cost, the lowest such

rate shall apply to the additional cost attributable to the solar

heating or combined solar heating and cooling equipment, and such

equipment shall otherwise be excluded in determining the total

value or cost of the structure.

(b) "Mortgage loan" and "federally assisted mortgage loan" defined

As used in subsection (a) of this section, the term "mortgage

loan" means a loan which is made to finance the purchase or

construction of a residence or any other building or structure; and

the term "federally assisted mortgage loan" means a mortgage loan

which -

(1) is made in whole or in part by any lender the deposits or

accounts of which are insured by any agency of the Federal

Government, or is made in whole or in part by any lender which is

itself regulated by any agency of the Federal Government; or

(2) is made in whole or in part, or insured, guaranteed,

supplemented, or assisted in any way, by the Secretary or any

other officer or agency of the Federal Government or under or in

connection with a housing, urban development, or related program

administered by the Secretary or a housing or related program

administered by any other such officer or agency; or

(3) is eligible for purchase by the Federal National Mortgage

Association, the Government National Mortgage Association, or the

Federal Home Loan Mortgage Corporation, or from any financial

institution from which it could be purchased by the Federal Home

Loan Mortgage Corporation; or

(4) is made in whole or in part by any "creditor," as defined

in section 1602(f) of title 15, who makes or invests in

residential real estate loans aggregating more than $1,000,000

per year.

As used in subsection (a) of this section, the term "federally

constructed housing" means (1) residential or multifamily housing

which is constructed by agencies of the Federal Government to

provide dwelling accommodations for particular types or classes of

persons under programs administered by such Federal agencies

(including all housing constructed by the Department of Defense to

provide dwelling accommodations for personnel of the armed services

or for such personnel and their families), and (2) residential or

multifamily housing which is constructed by agencies of State or

local government, with financial assistance in any form from the

Federal Government, to provide dwelling accommodations for

particular types or classes of persons under programs administered

by such State or local agencies.

-SOURCE-

(Pub. L. 93-409, Sec. 13, Sept. 3, 1974, 88 Stat. 1076.)

-End-

-CITE-

42 USC Sec. 5511a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5511a. Solar Assistance Financing Entity

-STATUTE-

(a) Establishment

The Secretary of Housing and Urban Development shall establish

within the Department of Housing and Urban Development the Solar

Assistance Financing Entity (in this section referred to as the

"Entity").

(b) Purpose

The purpose of the Entity shall be to assist in financing solar

and renewable energy capital investments and projects for eligible

buildings under subsection (c) of this section.

The Entity may provide assistance under this section only for the

following buildings:

(1) Single family housing

Any building consisting of 1 to 4 dwelling units that has a

system for heating or cooling, or both.

(2) Multifamily housing

Any building consisting of more than 4 dwelling units that has

a system for heating or cooling, or both.

(3) Commercial buildings

Any building used primarily to carry on a business (including

any nonprofit business) that is not used primarily for the

manufacture or production of raw materials, products, or

agricultural commodities.

(4) Schools, hospitals, and agricultural buildings

Any school, any hospital, and any building used exclusively in

connection with the harvesting, storage, or drying of

agricultural commodities.

(5) Other buildings

Any other building of a type that the Entity considers

appropriate.

(d) Financing options

Assistance provided under this section by the Entity may be

provided only for programs for financing solar and renewable energy

capital investments and projects, which may include programs for

making loans, making grants, reducing the principal obligations of

loans, prepayment of interest on loans, purchase and sale of loans

and advances of credit, providing loan guarantees, providing loan

downpayment assistance, and providing rebates and other incentives

for the purchase and installation of solar and renewable energy

measures.

(e) Authority to leverage other funds

The Entity may encourage or require programs receiving assistance

under this section to supplement the assistance received under this

section with amounts from other public and private sources, and, in

making assistance under this section available, may give preference

to programs that leverage amounts from such other sources.

(f) Provision of assistance

The Entity shall provide assistance under this section through

State agencies responsible for developing State energy conservation

plans pursuant to section 6322 of this title, or any other entity

or agency authorized to specifically carry out the purposes of this

section.

(g) Regulations

Not later than the expiration of the 12-month period beginning on

October 28, 1992, the Secretary of Housing and Urban Development,

in consultation with the Secretary of Energy, shall issue any

regulations necessary to carry out this section, which shall ensure

maximum flexibility in utilizing amounts made available under this

section.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$10,000,000 for fiscal year 1993 and $10,420,000 for fiscal year

1994. Such sums are to be available until expended.

-SOURCE-

(Pub. L. 102-550, title IX, Sec. 912, Oct. 28, 1992, 106 Stat.

3875.)

-COD-

CODIFICATION

Section was enacted as part of the Housing and Community

Development Act of 1992, and not as part of the Solar Heating and

Cooling Demonstration Act of 1974 which comprises this subchapter.

Section is comprised of section 912 of Pub. L. 102-550. Subsec.

(i) of section 912 of Pub. L. 102-550 repealed sections 1723g and

1723h and chapter 37 (Sec. 3601 et seq.) of Title 12, Banks and

Banking.

-End-

-CITE-

42 USC Sec. 5512 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5512. Small business concerns' opportunities to participate in

programs

-STATUTE-

In carrying out their functions under this subchapter, all

Federal officers and agencies shall take steps to assure that small

business concerns will have realistic and adequate opportunities to

participate in the programs under this subchapter to the maximum

extent possible.

-SOURCE-

(Pub. L. 93-409, Sec. 14, Sept. 3, 1974, 88 Stat. 1077.)

-End-

-CITE-

42 USC Sec. 5513 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5513. Priorities and criteria of demonstration programs

-STATUTE-

The Secretary shall set priorities as far as possible consistent

with the intent and operation of this subchapter in accordance with

the following criteria:

(a) The residential dwellings and other buildings which will be

part of the demonstration programs referred to in sections 5503,

5504, and 5507 of this title shall be located in a sufficient

number of different geographic areas in the United States to assure

a realistic and effective demonstration of the solar heating

systems and combined solar heating and cooling systems involved,

and of the dwellings and other buildings themselves, in both rural

and urban locations and under climatic conditions which vary as

much as possible.

(b) Consideration shall be given to projected costs of commercial

production and maintenance of the solar heating systems and

combined solar heating and cooling systems utilized in the

demonstration programs.

under this subchapter to those projects in which funds,

appropriated by any State or political subdivision thereof for the

purpose of sharing costs with the Federal Government for the

purchase and installation of solar heating or combined solar

heating and cooling components and systems, are committed before or

after September 3, 1974.

-SOURCE-

(Pub. L. 93-409, Sec. 15, Sept. 3, 1974, 88 Stat. 1077.)

-End-

-CITE-

42 USC Sec. 5514 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5514. Regulations

-STATUTE-

The Administrator and the Secretary in consultation with the

Director of the National Institute of Standards and Technology, the

Secretary of Energy, the Administrator of the General Services

Administration, the Secretary of Defense, and other appropriate

officers and agencies, shall prescribe such regulations as may be

necessary or appropriate to carry out this subchapter promptly and

efficiently. Each such officer or agency, in consultation with the

Administrator and the Secretary, may prescribe such regulations as

may be necessary or appropriate to carry out his or its particular

functions under this subchapter promptly and efficiently.

-SOURCE-

(Pub. L. 93-409, Sec. 16, Sept. 3, 1974, 88 Stat. 1078; Pub. L.

93-438, title I, Sec. 104(f), title III, Sec. 301(h), Oct. 11,

1974, 88 Stat. 1238, 1250; 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".

-TRANS-

TRANSFER OF FUNCTIONS

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

Director of the National Science Foundation, pursuant to sections

104(f) and 301(h) of Pub. L. 93-438, which are classified to

sections 5814(f) and 5871(h) of this title and which transferred

functions of National Science Foundation relating to or utilized in

connection with solar heating and cooling development to

Administrator of Energy Research and Development Administration,

and 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 section 5510 of this title.

-End-

-CITE-

42 USC Sec. 5515 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5515. Use of publicly assisted housing by Secretary in

demonstrations

-STATUTE-

The Secretary shall make appropriate use of publicly assisted

housing and particularly low-rent housing assisted under the United

States Housing Act of 1937 [42 U.S.C. 1437 et seq.] in

demonstrating solar heating systems and combined solar heating and

cooling systems under this subchapter.

-SOURCE-

(Pub. L. 93-409, Sec. 17, Sept. 3, 1974, 88 Stat. 1078.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 1437 et seq.) of this

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

Short Title note set out under section 1437 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5502 of this title.

-End-

-CITE-

42 USC Sec. 5516 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5516. Transfer of functions

-STATUTE-

Within sixty days after the effective date of the law creating

the Energy Research and Development Administration or any other law

creating a permanent Federal organization or agency having

jurisdiction over the energy research and development functions of

the United States (or within sixty days after September 3, 1974, if

the effective date of such law occurs prior to the enactment of

this subchapter), the energy research and development functions

vested in the National Aeronautics and Space Administration and the

National Science Foundation under this subchapter and any funds

which may have been appropriated pursuant to section 5517 of this

title, to the extent necessary or appropriate, may, in accordance

with regulations prescribed by the Office of Management and Budget,

be transferred to and vested in the Energy Research and Development

Administration or such other organization or agency.

-SOURCE-

(Pub. L. 93-409, Sec. 18, Sept. 3, 1974, 88 Stat. 1078.)

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

functions of National Science Foundation relating to or utilized

in connection with solar heating and cooling development

transferred to Administrator of Energy Research and Development

Administration by section 5814(f) of this title.

-End-

-CITE-

42 USC Sec. 5517 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER I - HEATING AND COOLING

-HEAD-

Sec. 5517. Authorization of appropriations

-STATUTE-

(a) Appropriations to National Aeronautics and Space Administration

There is hereby authorized to be appropriated to the National

Aeronautics and Space Administration for the fiscal year ending

June 30, 1975, $5,000,000, to remain available until expended, to

carry out the functions vested in the Administrator by this

subchapter.

(b) Appropriations to Department of Housing and Urban Development

There is hereby authorized to be appropriated to the Department

of Housing and Urban Development for the fiscal year ending June

30, 1975, $5,000,000, to remain available until expended. Any sums

so appropriated shall be available (1) to carry out the functions

vested in the Secretary of Housing and Urban Development by this

subchapter, and (2) for transfer to the Department of Defense, the

National Institute of Standards and Technology, and the General

Services Administration to enable them to carry out their

respective functions under this subchapter.

There is hereby authorized to be appropriated for the fiscal

years ending June 30, 1976, 1977, 1978, and 1979, $50,000,000 in

the aggregate to carry out the programs established by this

subchapter.

-SOURCE-

(Pub. L. 93-409, Sec. 19, Sept. 3, 1974, 88 Stat. 1078; Pub. L.

100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5516 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND

DEMONSTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5902, 5905, 7135a of

this title.

-End-

-CITE-

42 USC Sec. 5551 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5551. Congressional declaration of findings and policy

-STATUTE-

(a) The Congress hereby finds that -

(1) the needs of a viable society depend on an ample supply of

energy;

(2) the current imbalance between domestic supply and demand

for fuels and energy is likely to persist for some time;

(3) dependence on nonrenewable energy resources cannot be

continued indefinitely, particularly at current rates of

consumption;

(4) it is in the Nation's interest to expedite the long-term

development of renewable and nonpolluting energy resources, such

as solar energy;

(5) the various solar energy technologies are today at widely

differing stages of development, with some already near the stage

of commercial application and others still requiring basic

research;

(6) the early development and export of viable equipment

utilizing solar energy, consistent with the established

preeminence of the United States in the field of high technology

products, can make a valuable contribution to our balance of

trade;

(7) the mass production and use of equipment utilizing solar

energy will help to eliminate the dependence of the United States

upon foreign energy sources and promote the national defense;

(8) to date, the national effort in research, development, and

demonstration activities relating to the utilization of solar

energy has been extremely limited; therefore

(9) the urgency of the Nation's critical energy shortages and

the need to make clean and renewable energy alternatives

commercially viable require that the Nation undertake an

intensive research, development, and demonstration program with

an estimated Federal investment which may reach or exceed

$1,000,000,000.

(b) The Congress declares that it is the policy of the Federal

Government to -

(1) pursue a vigorous and viable program of research and

resource assessment of solar energy as a major source of energy

for our national needs; and

(2) provide for the development and demonstration of

practicable means to employ solar energy on a commercial scale.

-SOURCE-

(Pub. L. 93-473, Sec. 2, Oct. 26, 1974, 88 Stat. 1431.)

-MISC1-

SHORT TITLE

For short title of Pub. L. 93-473, which enacted this subchapter,

as the "Solar Energy Research, Development, and Demonstration Act

of 1974", see section 1 of Pub. L. 93-473, set out as a note under

section 5501 of this title.

-End-

-CITE-

42 USC Sec. 5552 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5552. Definitions

-STATUTE-

For the purposes of this subchapter -

(1) the term "solar energy" means energy which has recently

originated in the Sun, including direct and indirect solar

radiation and intermediate solar energy forms such as wind, sea

thermal gradients, products of photosynthetic processes, organic

wastes, and others;

(2) the term "byproducts" includes, with respect to any solar

energy technology or process, any solar energy products

(including energy forms) other than those associated with or

constituting the primary product of such technology or process;

(3) the term "insolation" means the rate at which solar energy

is received at the surface of the Earth;

(4) the term "Project" means the Solar Energy Coordination and

Management Project; and

(5) the term "Chairman" means the Chairman of the Project.

-SOURCE-

(Pub. L. 93-473, Sec. 3, Oct. 26, 1974, 88 Stat. 1431.)

-End-

-CITE-

42 USC Sec. 5553 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5553. Solar Energy Coordination and Management Project

-STATUTE-

(a) Establishment

There is hereby established the Solar Energy Coordination and

Management Project.

(b) Membership; chairman; compensation

(1) The Project shall be composed of six members as follows:

(A) an Assistant Director of the National Science Foundation;

(B) an Assistant Secretary of Housing and Urban Development;

(D) an Associate Administrator of the National Aeronautics and

Space Administration;

(E) the General Manager of the Atomic Energy Commission; and

(F) a member to be designated by the President.

(2) The President shall designate one member of the Project to

serve as Chairman of the Project.

(3) If the individual designated under paragraph (1)(F) is an

officer or employee of the Federal Government, he shall receive no

additional pay on account of his service as a member of the

Project. If such individual is not an officer or employee of the

Federal Government, he shall be entitled to receive the daily

equivalent of the annual rate of basic pay in effect for level IV

of the Executive Schedule (5 U.S.C. 5315) for each day (including

traveltime) during which he is engaged in the actual performance of

duties vested in the Project.

The Project shall have overall responsibility for the provision

of effective management and coordination with respect to a national

solar energy research, development, and demonstration program,

including -

(1) the determination and evaluation of the resource base,

including its temporal and geographic characteristics;

(2) research and development on solar energy technologies; and

(3) the demonstration of appropriate solar energy technologies.

(d) Cooperation with other Federal agencies; assignment of other

Federal agency personnel to Project

(1) The Project shall carry out its responsibilities under this

section in cooperation with the following Federal agencies:

(A) the National Science Foundation, the responsibilities of

which shall include research;

(B) the National Aeronautics and Space Administration, the

responsibilities of which shall include the provision of

management capability and the development of technologies;

shall include the development of technologies;

(D) the Department of Housing and Urban Development, the

responsibilities of which shall include fostering the utilization

of solar energy for the heating and cooling of buildings,

pursuant to subchapter I of this chapter; and

(E) the Federal Power Commission, the responsibilities of which

shall include fostering the utilization of solar energy for the

generation of electricity and for the production of synthetic

fuels.

(2) Upon request of the Chairman, the head of any such agency is

authorized to detail or assign, on a reimbursable basis or

otherwise, any of the personnel of such agency to the Project to

assist it in carrying out its responsibilities under this

subchapter.

(e) Establishment or approval of program or project; operation and

administration of program or project

The Project shall have exclusive authority with respect to the

establishment or approval of programs or projects initiated under

this subchapter, but the agency involved in any particular program

or project shall be responsible for the operation and

administration of such program or project.

(f) Authorization of National Aeronautics and Space Administration

to undertake and carry out assigned programs

The National Aeronautics and Space Administration is authorized

to undertake and carry out those programs assigned to it by the

Project.

-SOURCE-

(Pub. L. 93-473, Sec. 4, Oct. 26, 1974, 88 Stat. 1432.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions which were transferred to Federal Energy

Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291,

and 7293 of this title.

For transfer of functions of Federal Power Commission, with

certain reservations, to chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Secs. 1,2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

Functions of National Science Foundation relating to or utilized

in connection with solar heating and cooling development

transferred to Administrator of Energy Research and Development

Administration by section 5814(f) of this title. Energy Research

and Development Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 this title.

-End-

-CITE-

42 USC Sec. 5554 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5554. Solar energy resource determination and assessment

program; objectives; implementation

-STATUTE-

(a) The Chairman shall initiate a solar energy resource

determination and assessment program with the objective of making a

regional and national appraisal of all solar energy resources,

including data on insolation, wind, sea thermal gradients, and

potentials for photosynthetic conversion. The program shall

emphasize identification of promising areas for commercial

exploitation and development. The specific goals shall include -

(1) the development of better methods for predicting the

availability of all solar energy resources, over long time

periods and by geographic location;

(2) the development of advanced meteorological, oceanographic,

and other instruments, methodology, and procedures necessary to

measure the quality and quantity of all solar resources on

periodic bases;

(3) the development of activities, arrangements, and procedures

for the collection, evaluation, and dissemination of information

and data relating to solar energy resource assessment.

(b) The Chairman, acting through the National Aeronautics and

Space Administration, the National Oceanic and Atmospheric

Administration, and other appropriate agencies, shall -

(1) develop and carry out a general plan for inventorying all

forms of solar energy resources associated with Federal lands and

(where consistent with property rights) non-Federal lands;

(2) conduct regional surveys based upon such general plan,

using innovative meteorological, oceanographic, and space-related

techniques, in sufficient numbers to lead to a national inventory

of solar energy resources in the United States;

(3) publish and make available maps, reports, and other

documents developed from such surveys to encourage and facilitate

the commercial development of solar energy resources; and

(4) make such recommendations for legislation as may appear to

be necessary to establish policies for solar resources involving

Federal lands and waters, consistent with known inventories of

various resource types, with the state of technologies for solar

energy development, and with evaluation of the environmental

impacts of such development.

-SOURCE-

(Pub. L. 93-473, Sec. 5, Oct. 26, 1974, 88 Stat. 1433.)

-End-

-CITE-

42 USC Sec. 5555 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5555. Research and development program

-STATUTE-

(a) Purpose

The Chairman shall initiate a research and development program

for the purpose of resolving the major technical problems

inhibiting commercial utilization of solar energy in the United

States.

(b) Implementation

In connection with or as a part of such program, the Chairman

shall -

(1) conduct, encourage, and promote scientific research and

studies to develop effective and economical processes and

equipment for the purpose of utilizing solar energy in an

acceptable manner for beneficial uses;

(2) carry out systems, economic, social, and environmental

studies to provide a basis for research, development and

demonstration planning and phasing; and

(3) perform or cause to be performed technology assessments

relevant to the utilization of solar energy.

The specific solar energy technologies to be addressed or dealt

with in the program shall include -

(1) direct solar heat as a source for industrial processes,

including the utilization of low-level heat for process and other

industrial purposes;

(2) thermal energy conversion, and other methods, for the

generation of electricity and the production of chemical fuels;

(3) the conversion of cellulose and other organic materials

(including wastes) to useful energy or fuels;

(4) photovoltaic and other direct conversion processes;

(5) sea thermal gradient conversion;

(6) windpower conversion;

(7) solar heating and cooling of housing and of commercial and

public buildings; and

(8) energy storage.

-SOURCE-

(Pub. L. 93-473, Sec. 6, Oct. 26, 1974, 88 Stat. 1433.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5556 of this title.

-End-

-CITE-

42 USC Sec. 5556 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5556. Solar energy demonstration facilities program

-STATUTE-

(a) Authorization for design and construction of facilities;

objectives

The Chairman is authorized to initiate a program to design and

construct, in specific solar energy technologies (including, but

not limited to, those listed in section 5555(c) of this title,(!1)

facilities or powerplants of sufficient size to demonstrate the

technical and economic feasibility of utilizing the various forms

of solar energy. The specific goals of such programs shall include

(1) production of electricity from a number of powerplants, on

the order of one to ten megawatts each;

(2) production of synthetic fuels in commercial quantities;

(3) large-scale utilization of solar energy in the form of

direct heat;

(4) utilization of thermal and all other byproducts of the

solar facilities;

(5) design and development of hybrid systems involving the

concomitant utilization of solar and other energy sources; and

(6) the continuous operation of such plants and facilities for

a period of time.

(b) Criteria for determination to proceed from development program

to demonstration

For each of the technologies for which a successful and

appropriate development program is completed, the Chairman shall

make a determination to proceed to demonstration based on criteria

including, but not necessarily limited to, the following:

(1) the technological feasibility of the project;

(2) the costs and benefits of the project, as determined by an

economic assessment;

(3) the immediate and the potential uses of the solar energy

utilized in the project;

(4) long-term national need for the technology;

(5) environmental impact;

(6) potential for technology transfer to other applications;

and

(7) the nature and extent of Federal participation, if any, in

the project.

solar energy

In carrying out his responsibilities under this section, the

Chairman, acting through the appropriate Federal agencies, may

provide for the establishment of one or more demonstration projects

utilizing each form of solar energy, which shall include, as

appropriate, the specific research, development, pilot plant

construction and operation, demonstration plant construction and

operation, and other facilities and activities which may be

necessary to show commercial viability of the specific solar

technology.

(d) Investigation and agreements for cooperative development of

demonstration facilities

The Chairman, acting through the appropriate Federal agencies, is

authorized to investigate and enter into agreements for the

cooperative development of facilities to demonstrate solar

technologies. The responsible Federal agency may consider -

(1) cooperative agreements with non-Federal entities for

construction of facilities and equipment to demonstrate solar

energy technologies; and

(2) cooperative agreements with other Federal agencies for the

construction of facilities and equipment and operation of

facilities to produce energy for direct Federal utilization.

(e) Construction and operation of demonstration projects without

cooperative agreements

The Chairman, acting through appropriate Federal agencies is

authorized to construct and operate demonstration projects without

entering into cooperative agreements with respect to such projects,

if the Chairman finds that -

(1) the nature of the resource, the geographical location, the

scale and engineering design of the facilities, the techniques of

production, or any other significant factor of the specific

demonstration project offers opportunities to make important

contributions to the general knowledge of solar resources, the

techniques of its development, or public confidence in the

technology; and

(2) there is no opportunity for cooperative agreements with any

non-Federal entity willing and able to cooperate in the

demonstration project under subsection (d)(1) of this section,

and there is no opportunity for cooperative agreements with other

Federal agencies under subsection (d)(2) of this section.

(f) Additional appropriations for projects exceeding maximum amount

If the estimate of the Federal investment with respect to

construction and operation costs of any demonstration project

proposed to be established under this section exceeds $20,000,000,

no amount may be appropriated for such project except as

specifically authorized by legislation hereafter enacted by the

Congress.

(g) Disposition of Federal property interests, electricity,

synthetic fuels, and other byproducts upon completion of project

(1) At the conclusion of any demonstration project established

under this section, or as soon thereafter as may be practicable,

the responsible Federal agencies shall, by sale, lease, or

otherwise, dispose of all Federal property interests which they

have acquired pursuant to this section in accordance with existing

law and the terms of the cooperative agreements involved.

(2) The agency involved shall, under appropriate agreements or

other arrangements, provide for the disposition of electricity,

synthetic fuels, and other byproducts of the project administered

by such agency.

-SOURCE-

(Pub. L. 93-473, Sec. 7, Oct. 26, 1974, 88 Stat. 1434.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5557, 5566 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by a closing

parenthesis.

-End-

-CITE-

42 USC Sec. 5556a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5556a. Solar photovoltaic energy systems studies and

acquisitions by Secretary of Energy; scope, contents, and

submission dates for reports; acquisition authority and

requirements; authorization of appropriations

-STATUTE-

(a) The Secretary of Energy shall -

(1) initiate and conduct an "application and system design

study", cooperatively with appropriate Federal agencies, to

determine the potential for the use of solar photovoltaic systems

at specific Federal installations; and this study shall -

(A) include an analysis of those sites that are currently

cost-effective for solar photovoltaic energy systems, using

life-cycle costing techniques, as well as those which would be

cost-effective at expected future market prices;

(B) identify potential sites and uses of solar photovoltaic

energy systems at the following agencies as well as any others

which the Secretary of Energy deems necessary:

(i) the Department of Defense;

(ii) the Department of Transportation (including the United

States Coast Guard, the Federal Aviation Administration, and

the Federal Highway Administration);

(iii) the Department of Commerce;

(iv) the Department of Agriculture; and

(v) the Department of the Interior;

months following February 25, 1978;

(D) include the presentation of a detailed plan for the

implementation of solar photovoltaic energy systems for power

generation at specific sites in Federal Government agencies to

Congress within twelve months following February 25, 1978;

(2) initiate and conduct a study of the options available to

the Federal Government to provide for the adequate growth of the

solar photovoltaic industry and to include such possible

incentives as government funding, loan guarantees, tax

incentives, the operation of pilot plants or production lines and

other incentives deemed worthy of consideration by the Secretary

of Energy. A preliminary report shall be submitted to Congress

within six months following February 25, 1978;

(3) initiate and conduct a study involving the prospects for

applications of solar photovoltaic energy systems for power

generation in foreign countries, particularly lesser developed

countries, and the potential for the exportation of these energy

systems. This study shall involve the cooperation of the

Department of State and the Department of Commerce, as well as

other Federal agencies which the Secretary of Energy deems

appropriate. A final report shall be submitted to the Congress,

as well as a preliminary report within twelve months of February

25, 1978; and

(4) be authorized to acquire up to an additional 4.0 megawatts

(peak) of solar photovoltaic energy systems. The sum of

$13,000,000 is hereby authorized to be appropriated (in addition

to any other amounts authorized by this Act to be appropriated)

for the fiscal year ending September 30, 1978, and for delivery

in the following twelve months. Such sums shall remain available

until expended. The solar photovoltaic energy systems acquired

shall be available for use for power generation by Federal

agencies, provided that no procurement takes place until their

application on Federal sites is determined to be life cycle cost

effective.

(b) For technology development, particularly for engineering

design and development of the manufacturing process of solar

photovoltaic energy systems (primarily for the implementation of

automated processes and other cost reducing production

technologies), the sum of $6,000,000 is hereby authorized by this

Act to be appropriated for the fiscal year ending September 30,

1978.

-SOURCE-

(Pub. L. 95-238, title II, Sec. 208, Feb. 25, 1978, 92 Stat. 75.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(4), means Pub. L. 95-238,

Feb. 25, 1978, 92 Stat. 47, as amended, known as the Department of

Energy Act of 1978 - Civilian Applications. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy Act of

1978 - Civilian Applications, and not as part of the Solar Energy

Research, Development, and Demonstration Act of 1974 which

comprises this subchapter.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC1-

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 section 5589 of this title.

-End-

-CITE-

42 USC Sec. 5557 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5557. Solar Energy Information Data Bank

-STATUTE-

(a) Establishment; utilization of other Federal agencies;

information and data to be compiled; retrieval and dissemination

services; utilization of existing scientific and technical

information

(1) In carrying out his functions under this subchapter the

Chairman, utilizing the capabilities of the National Science

Foundation, the National Aeronautics and Space Administration, the

Department of Commerce, the Atomic Energy Commission, and other

appropriate Federal agencies to the maximum extent possible, shall

establish and operate a Solar Energy Information Data Bank

(hereinafter in this subsection referred to as the "bank") for the

purpose of collecting, reviewing, processing, and disseminating

information and data in all of the solar energy technologies

referred to in section 5556(c) of this title in a timely and

accurate manner in support of the objectives of this subchapter.

(2) Information and data compiled in the bank shall include -

(A) technical information (including reports, journal articles,

dissertations, monographs, and project descriptions) on solar

energy research, development, and applications;

(B) similar technical information on the design, construction,

and maintenance of equipment utilizing solar energy;

disseminated for popular consumption;

(D) physical and chemical properties of materials required for

solar energy activities and equipment; and

(E) engineering performance data on equipment and devices

utilizing solar energy.

(3) In accordance with regulations prescribed under section 5561

of this title, the Chairman shall provide retrieval and

dissemination services with respect to the information described

under paragraph (2) for -

(A) Federal, State, and local government organizations that are

active in the area of energy resources (and their contractors);

(B) universities and colleges in their related research and

consulting activities; and

(4) In carrying out his functions under this subsection, the

Chairman shall utilize, when feasible, the existing data base of

scientific and technical information in Federal agencies, adding to

such data base any information described in paragraph (2) which

does not already reside in such base. He shall coordinate or merge

this data bank with other Federal energy information data banks as

necessary to assure efficient and effective operation.

(b) Studies and research to promote consumer acceptance and

utilization of solar energy technologies

In carrying out his functions under this subchapter the Chairman

shall perform or cause to be performed studies and research on

incentives to promote broader utilization and consumer acceptance

of solar energy technologies.

The Chairman shall enter into such arrangements and take such

other steps as may be necessary or appropriate to provide for the

effective coordination of solar energy technology utilization with

all other technology utilization programs within the Federal

Government.

-SOURCE-

(Pub. L. 93-473, Sec. 8, Oct. 26, 1974, 88 Stat. 1435.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

Functions of National Science Foundation relating to or utilized

in connection with solar heating and cooling development

transferred to Administrator of Energy Research and Development

Administration by section 5814(f) of this title. Energy Research

and Development Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of this title.

-End-

-CITE-

42 USC Sec. 5558 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5558. Scientific and technical education programs

-STATUTE-

The Chairman, acting through the National Science Foundation, is

authorized and directed to support programs of education in the

sciences and engineering to provide the necessary trained personnel

to perform the solar energy research, development, and

demonstration activities required under this subchapter. Such

support may include fellowships, traineeships, technical training

programs, technologist training programs, and summer institute

programs.

-SOURCE-

(Pub. L. 93-473, Sec. 9, Oct. 26, 1974, 88 Stat. 1436.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of National Science Foundation relating to or utilized

in connection with solar heating and cooling development

transferred to Administrator of Energy Research and Development

Administration by section 5814(f) of this title. Energy Research

and Development Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5560 of this title.

-End-

-CITE-

42 USC Sec. 5559 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5559. Solar Energy Research Institute; establishment;

functions; location

-STATUTE-

(a) There is established a Solar Energy Research Institute, which

shall perform such research, development, and related functions as

the Chairman may determine to be necessary or appropriate in

connection with the Project's activities under this subchapter or

to be otherwise in furtherance of the purpose and objectives of

this subchapter.

(b) The Institute may be located (as designated by the Chairman)

at a new or existing Federal laboratory (including a non-Federal

laboratory performing functions under a contract entered into with

the Project or with any of the agencies represented in the Project

as well as a laboratory whose personnel are Federal employees).

-SOURCE-

(Pub. L. 93-473, Sec. 10, Oct. 26, 1974, 88 Stat. 1436.)

-End-

-CITE-

42 USC Sec. 5560 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5560. International cooperation in solar energy research and

programs of education

-STATUTE-

(a) The Chairman, in furtherance of the objectives of this

subchapter, is authorized to cooperate and participate jointly with

other nations, especially those with agreements for scientific

cooperation with the United States, in the following activities:

(1) interinstitutional, bilateral, or multilateral research

projects in the field of solar energy; and

(2) agreements and programs which will facilitate the exchange

of information and data relating to solar energy resource

assessment and solar energy technologies.

(b) The National Science Foundation is authorized to encourage,

to the maximum extent practicable and consistent with the other

objectives of this subchapter, international participation and

cooperation in the development and maintenance of programs of

education to carry out the policy set forth in section 5558 of this

title.

-SOURCE-

(Pub. L. 93-473, Sec. 11, Oct. 26, 1974, 88 Stat. 1437.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of National Science Foundation relating to or utilized

in connection with solar heating and cooling development

transferred to Administrator of Energy Research and Development

Administration by section 5814(f) of this title. Energy Research

and Development Administration terminated and functions vested by

law in Administrator thereof transferred to Secretary of Energy

(unless otherwise specifically provided) by sections 7151(a) and

7293 of this title.

-End-

-CITE-

42 USC Sec. 5561 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5561. Regulations

-STATUTE-

The Chairman, in consultation with heads of the Federal agencies

having functions under this subchapter and with other appropriate

officers and agencies, shall prescribe such regulations as may be

necessary or appropriate to carry out this subchapter promptly and

efficiently. Each such officer or agency, in consultation with the

Chairman, may prescribe such regulations as may be necessary or

appropriate to carry out his or its particular functions under this

subchapter promptly and efficiently.

-SOURCE-

(Pub. L. 93-473, Sec. 12, Oct. 26, 1974, 88 Stat. 1437.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5557 of this title.

-End-

-CITE-

42 USC Sec. 5562 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5562. Summary in annual report

-STATUTE-

A summary of all actions taken under the provisions of this

subchapter and action planned for the ensuing year shall be

included in the annual report required by section 7267 of this

title.

-SOURCE-

(Pub. L. 93-473, Sec. 13, Oct. 26, 1974, 88 Stat. 1437; Pub. L.

96-470, title II, Sec. 203(c), Oct. 19, 1980, 94 Stat. 2243.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-470 substituted provision requiring a summary

of all action taken and action planned be included in the annual

report required by section 7267 of this title for provision

requiring the Chairman to report annually to the President and

Congress on all action taken, action planned, and a projection, to

the extent practical, of activities and funding requirements for

the ensuing five years.

-End-

-CITE-

42 USC Sec. 5563 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5563. Project information to Congressional committees

-STATUTE-

Notwithstanding any other provision of law, the Chairman (or the

head of any agency which assumes the functions of the Project

pursuant to section 5565 of this title) shall keep the appropriate

committees of the House of Representatives and the Senate fully and

currently informed with respect to all activities under this

subchapter.

-SOURCE-

(Pub. L. 93-473, Sec. 14, Oct. 26, 1974, 88 Stat. 1437.)

-End-

-CITE-

42 USC Sec. 5564 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5564. Comprehensive program definition; preparation;

utilization of and consultation with other agencies; transmittal

to the President and Congress; time of transmittal

-STATUTE-

(a) The Chairman is authorized and directed to prepare a

comprehensive program definition of an integrated effort and

commitment for effectively developing solar energy resources. The

Chairman, in preparing such program definition, shall utilize and

consult with the appropriate Federal agencies, State and local

government agencies, and private organizations.

(b) The Chairman shall transmit such comprehensive program

definition to the President and to each House of the Congress. An

interim report shall be transmitted not later than March 1, 1975.

The comprehensive program definition shall be transmitted as soon

as possible thereafter, but in any case not later than June 30,

1975.

-SOURCE-

(Pub. L. 93-473, Sec. 15, Oct. 26, 1974, 88 Stat. 1437.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5566 of this title.

-End-

-CITE-

42 USC Sec. 5565 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5565. Transfer of functions

-STATUTE-

Within sixty days after the effective date of the law creating a

permanent Federal organization or agency having jurisdiction over

the energy research and development functions of the United States

(or within sixty days after October 26, 1974, if the effective date

of such law occurs prior to October 26, 1974), all of the

authorities of the Project and all of the research and development

functions (and other functions except those related to scientific

and technical education) vested in Federal agencies under this

subchapter along with related records, documents, personnel,

obligations, and other items, to the extent necessary or

appropriate, shall, in accordance with regulations prescribed by

the Office of Management and Budget, be transferred to and vested

in such organization or agency.

-SOURCE-

(Pub. L. 93-473, Sec. 16, Oct. 26, 1974, 88 Stat. 1438.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5563 of this title.

-End-

-CITE-

42 USC Sec. 5566 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5566. Authorization of appropriations

-STATUTE-

To carry out the provisions of this subchapter, there are

authorized to be appropriated -

(1) for the fiscal year ending June 30, 1976, $75,000,000;

(2) for subsequent fiscal years, only such sums as the Congress

hereafter may authorize by law;

(3) such amounts as may be authorized for the construction of

demonstrations pursuant to section 5556(f) of this title; and

(4) to the National Science Foundation for the fiscal year

ending June 30, 1975, not to exceed $2,000,000 to be made

available for use in the preparation of the comprehensive program

definition under section 5564 of this title.

-SOURCE-

(Pub. L. 93-473, Sec. 17, Oct. 26, 1974, 88 Stat. 1438.)

-End-

-CITE-

42 USC SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY

RESEARCH, DEVELOPMENT AND DEMONSTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT

AND DEMONSTRATION

-End-

-CITE-

42 USC Sec. 5581 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5581. Congressional findings and declaration of policy

-STATUTE-

(a) The Congress hereby finds that -

(1) the United States of America is faced with a finite and

diminishing resource base of native fossil fuels, and as a

consequence must develop as quickly as possible a diversified,

pluralistic national energy capability and posture;

(2) the current imbalance between supply and demand for fuels

and energy in the United States is likely to grow for many years;

(3) the early demonstration of the feasibility of using solar

photovoltaic energy systems for the generation of electricity

could help to relieve the demand on existing fuel and energy

supplies;

(4) the national security and economic well-being of the United

States is endangered by its dependence on imported energy

supplies which are subject to resource limitations, artificial

pricing mechanisms which do not accurately reflect supply and

demand relationships, and supply interruptions;

(5) the early development and widespread utilization of

photovoltaic energy systems could significantly expand the

domestic energy resource base of the United States, thereby

lessening its dependence on foreign supplies;

(6) the establishment of sizable markets for photovoltaic

energy systems will justify private investment in plant and

equipment necessary to realize the economies of scale, and will

result in significant reductions in the unit costs of these

systems;

(7) the use of solar photovoltaic energy systems for certain

limited applications has already proved feasible;

(8) there appear to be no insoluble technical obstacles to the

widespread commercial use of solar photovoltaic energy

technologies;

(9) an aggressive research and development program should solve

existing technical problems of solar photovoltaic systems; and,

supported by an assured and growing market for photovoltaic

systems during the next decade, should maximize the future

contribution of solar photovoltaic energy to this Nation's future

energy production;

(10) it is the proper and appropriate role of the Federal

Government to undertake research, development, and demonstration

programs in solar photovoltaic energy technologies and to

supplement and assist private industry and other entities and

thereby the general public, so as to hasten the general

commercial use of such technologies;

(11) the high cost of imported energy sources impairs the

economic growth of many nations which lack sizable domestic

energy supplies or are unable to develop these resources;

(12) photovoltaic energy systems are economically competitive

with conventional energy resources for a wide variety of

applications in many foreign nations at the present time, and

will find additional applications with continued cost reductions;

(13) the early development and export of solar photovoltaic

energy systems, consistent with the established preeminence of

the United States in the field of high technology products, can

make a valuable contribution to the well-being of the people of

other nations and to this Nation's balance of trade;

(14) the widespread use of solar photovoltaic energy systems to

supplement and replace conventional methods for the generation of

electricity would have a beneficial effect upon the environment;

(15) to increase the potential application of solar

photovoltaic energy systems in remote locations, and to minimize

the need for backup systems depending on fossil fuel, programs

leading to the development of inexpensive and reliable systems

for the storage of electricity should be pursued as part of any

solar photovoltaic energy research, development, and

demonstration program;

(16) evaluation of the performance and reliability of solar

photovoltaic energy technologies can be expedited by testing of

prototypes under carefully controlled conditions;

(17) commercial application of solar photovoltaic energy

technologies can be expedited by early commercial demonstration

under practical conditions;

(18) photovoltaic energy systems are currently adaptable on a

life cycle, cost-justified basis for certain of the energy needs

of the Federal Government, and will find additional applications

as continued refinements improve performance and reduce unit

costs;

(19) the Federal Government can stimulate innovation and

economic efficiency in the production of photovoltaic energy

systems through the development and implementation of policies to

promote diversity and maximum competition between firms engaged

in the research, manufacture, installation, and/or maintenance of

these systems;

(20) innovation and creativity in the development of solar

photovoltaic energy components and systems can be fostered

through encouraging direct contact between the manufacturers of

such systems and the architects, engineers, developers,

contractors, and other persons interested in utilizing such

systems; and

(21) it is contemplated that the ten-year program established

by this subchapter will require the expenditure of $1,500,000,000

by the Federal Government.

(b) It is therefore declared to be the policy of the United

States and the purpose of this subchapter to establish during the

next decade an aggressive research, development, and demonstration

program involving solar photovoltaic energy systems and in the long

term, to have as an objective the production of electricity from

photovoltaic systems cost competitive with utility-generated

electricity from conventional sources. Further, it is declared to

be the policy of the United States and the purpose of this

subchapter that the objectives of this research, development, and

demonstration program are -

(1) to double the production of solar photovoltaic energy

systems each year during the decade starting with fiscal year

1979, measured by the peak generating capacity of the systems

produced, so as to reach a total annual United States production

of solar photovoltaic energy systems of approximately two million

peak kilowatts, and a total cumulative production of such systems

of approximately four million peak kilowatts by fiscal year 1988;

(2) to reduce the average cost of installed solar photovoltaic

energy systems to $1 per peak watt by fiscal year 1988; and

(3) to stimulate the purchase by private buyers of at least 90

per centum of all solar photovoltaic energy systems produced in

the United States during fiscal year 1988.

-SOURCE-

(Pub. L. 95-590, Sec. 2, Nov. 4, 1978, 92 Stat. 2513.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the "Solar Photovoltaic

Energy Research, Development, and Demonstration Act of 1978", see

section 1 of Pub. L. 95-590, set out as a note under section 5501

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5583, 5589 of this title.

-End-

-CITE-

42 USC Sec. 5582 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5582. Definitions

-STATUTE-

For purposes of this subchapter -

(1) a "solar photovoltaic energy system" is a system of

components which generates electricity from incident sunlight by

means of the photovoltaic effect, and which shall include all

components, including energy storage devices where appropriate,

necessary to provide electricity for individual, industrial,

agricultural, or governmental use;

(2) the term "solar photovoltaic energy system" may be used

interchangeably with the term "photovoltaic system";

(3) a "hybrid solar photovoltaic energy system" is a system of

components that generates electricity from incident sunlight by

means of the photovoltaic effect and, in conjunction with

electronic and, if appropriate, optical, thermal and storage

devices, provides electricity, as well as heat and/or light for

individual, commercial, industrial, agricultural, or governmental

use;

(4) "photovoltaic effect" refers to the physical phenomenon

exhibited under certain circumstances by some materials in which

a portion of the light energy striking the material is directly

converted to electrical energy;

(5) "facility" means any building, agricultural, commercial or

industrial complex or other device constructively employing

photovoltaic systems; and

(6) "Secretary" means the Secretary of Energy.

-SOURCE-

(Pub. L. 95-590, Sec. 3, Nov. 4, 1978, 92 Stat. 2515.)

-End-

-CITE-

42 USC Sec. 5583 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5583. Establishment and promotion of research, development,

and demonstration programs

-STATUTE-

The Secretary is directed to establish immediately and carry

forth such research, development, and demonstration programs as may

be necessary to meet the objectives of this subchapter as set forth

in section 5581(b) of this title, and as a part of any such program

shall -

(a) conduct, and promote the coordination and acceleration of,

research, development, and demonstrations relating to solar

photovoltaic energy systems and components thereof, and

(b) conduct, and promote the coordination and acceleration of,

research, development, and demonstrations for systems and

components to be used in applications that are dependent for

their energy on solar photovoltaic energy systems.

-SOURCE-

(Pub. L. 95-590, Sec. 4, Nov. 4, 1978, 92 Stat. 2515.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5584, 5586, 5592 of this

title.

-End-

-CITE-

42 USC Sec. 5584 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5584. Federal assistance application procedures; selection of

applicants; agreements; financial assistance; observation and

monitoring of photovoltaic systems; reports; projects and

activities

-STATUTE-

(a) In carrying out the provisions of section 5583 of this title,

the Secretary is authorized -

(1) to establish procedures whereby any public or private

entity wishing to install solar photovoltaic components and

systems in any new or existing facility may apply for Federal

assistance in purchasing and installing, in such facility,

photovoltaic components or systems;

(2) to select, as soon as he deems it feasible, a number of the

applicants under paragraph (1) and enter into agreements with

them for the design, purchase, fabrication, testing,

installation, and demonstration of photovoltaic components and

systems. Such selection shall be based on the need to obtain

scientific, technological, and economic information from a

variety of such systems under a variety of circumstances and

conditions; and

(3) to arrange, as part of any agreement entered into under

paragraph (2), to provide up to 75 per centum of the purchase and

installation costs of photovoltaic components or systems, taking

into account relevant considerations involving the relative stage

of consumer and industry interest and development at the time of

the financial assistance action. Such arrangements shall be

contingent upon terms and conditions prescribed by the Secretary,

including an express agreement that the entity with whom the

agreement is entered into shall, in such manner and form and on

such terms and conditions as the Secretary may prescribe, observe

and monitor (or permit the Secretary or his agents to observe and

monitor) the performance and operation of such system for a

period of five years, and that such entity (including any

subsequent owner of the property) shall regularly furnish the

Secretary with such reports thereon as the agreement may require.

(b) The Secretary shall, as he deems appropriate, undertake any

projects or activities (including demonstration projects) to

further the attainment of the objectives of this section.

-SOURCE-

(Pub. L. 95-590, Sec. 5, Nov. 4, 1978, 92 Stat. 2516.)

-COD-

CODIFICATION

Section 5583 of this title, referred to in subsec. (a), was in

the original "section (4)" and was translated section 5583 of this

title as the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5586, 5592 of this title.

-End-

-CITE-

42 USC Sec. 5585 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5585. Contracts, grants and arrangements

-STATUTE-

(a) Selection of photovoltaic components and systems, design

concepts, and designs

The Secretary is authorized to select on the basis of open

competitions -

(1) a number of readily available photovoltaic components and

systems;

(2) a number of design concepts for various types of

applications which demonstrate adaptability to the utilization of

photovoltaic components and systems; and

(3) a number of designs for applications selected under

paragraph (2), so that each design includes specific provisions

for the utilization of solar photovoltaic components and systems

selected under paragraph (1).

(b) Commercial production and utilization of photovoltaic

components and systems; selection of components and systems

compatible with chosen design concepts; procurement of components

and systems

The Secretary, in accordance with the applicable provisions of

sections 5906, 5907, and 5908 of this title and with such program

guidelines as the Secretary may establish, shall -

(1) enter into such contracts and grants as may be necessary or

appropriate for the development for commercial production and

utilization of photovoltaic components and systems, including any

further planning and design which may be required to conform with

the specifications set forth in any applicable criteria;

(2) select, as being compatible with the design concepts chosen

under subsection (a)(2) of this section, a reasonable number of

photovoltaic components and systems; and

(3) enter into contracts with a number of persons or firms for

the procurement of photovoltaic components and systems, including

adequate numbers of spare and replacement parts for such systems.

systems; utilization of systems in existing facilities; terms and

conditions upon transfer of facilities and systems

The Secretary is authorized to award contracts for the design

integration between the application concepts and the photovoltaic

systems procured by the Secretary under subsection (b)(3) of this

section, and for the demonstration of prototype solar photovoltaic

systems, and, when appropriate, for the utilization of such systems

in existing facilities. Title to and ownership of the facilities so

constructed and of photovoltaic systems installed hereunder may be

conveyed to purchasers of such facilities under terms and

conditions prescribed by the Secretary, including an express

agreement that any such purchaser shall, in such manner and form

and on such terms and conditions as the Secretary may prescribe,

observe and monitor (or permit the Secretary to observe and

monitor) the performance and operation of such systems for a period

of five years, and that such purchaser (including any subsequent

owner) shall regularly furnish the Secretary with such reports

thereon as the agreement may require.

(d) Arrangements with Federal agencies for demonstration of systems

in Federal buildings and facilities

The Secretary, in consultation with the Administrator of General

Services or the Secretary of Defense or both (as may be

appropriate) shall enter into arrangements with appropriate Federal

agencies concurrently with the conduct of the programs under this

section and section 5586 of this title, to carry out such projects

and activities (including demonstration projects), with respect to

Federal buildings and facilities, as may be appropriate for the

demonstration of photovoltaic systems suitable and effective for

use in such applications.

(e) Projects and activities

The Secretary shall, as he deems appropriate, undertake any

projects or activities (including demonstration projects) to

further the attainment of the objectives of this section.

-SOURCE-

(Pub. L. 95-590, Sec. 6, Nov. 4, 1978, 92 Stat. 2516.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5586, 5592 of this title;

title 35 section 210.

-End-

-CITE-

42 USC Sec. 5586 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5586. Test procedures and performance criteria

-STATUTE-

(a) Testing program

The Secretary shall conduct a testing program for photovoltaic

systems to assist in the development and demonstration of prototype

photovoltaic systems, including collectors, controls, power

conditioning, and energy storage systems.

(b) Establishment and use of performance criteria

Data obtained from the testing program under subsection (a) of

this section shall be evaluated and used in establishing

performance criteria. These performance criteria shall be used in

the demonstration program described in sections 5583, 5584, and

5585 of this title.

The Secretary shall determine, prescribe, and publish in the

Federal Register, at a time which he determines to be feasible and

justified -

(1) performance criteria for photovoltaic components and

systems to be used in appropriate applications, and procedures

whereby manufacturers of photovoltaic components and systems

shall have their products tested in order to provide

certification that such products conform to the performance

criteria established under this paragraph; and

(2) revised performance criteria for photovoltaic components

and systems to be used in appropriate applications, and

procedures whereby manufacturers of photovoltaic components and

systems shall have their products tested in order to provide

certification that such products conform to the performance

criteria established under this paragraph. Such criteria may be

annually revised by the Secretary, as he deems appropriate.

(d) Performance criteria applicable to photovoltaic component or

system procured or installed by Federal Government or with

Federal assistance

Any photovoltaic component or system procured or installed by the

Federal Government or procured or installed with Federal assistance

under section 5584 or section 5585 of this title shall meet

appropriate performance criteria prescribed under this section, if

such performance criteria have been prescribed.

-SOURCE-

(Pub. L. 95-590, Sec. 7, Nov. 4, 1978, 92 Stat. 2517.)

-COD-

CODIFICATION

Section 5584 or section 5585 of this title, referred to in

subsec. (d), was in the original "section (5) or section (6)" and

was translated section 5584 or 5585 of this title as the probable

intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5585, 5587, 5592 of this

title.

-End-

-CITE-

42 USC Sec. 5587 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5587. Supervision of research, development, and demonstration

programs

-STATUTE-

(a) Monitoring of photovoltaic systems; collection and evaluation

of data; studies, investigations, and reports

The Secretary, in coordination with such Government agencies as

may be appropriate, shall -

(1) monitor the performance and operation of photovoltaic

systems installed under this subchapter;

(2) collect and evaluate data and information on the

performance and operation of photovoltaic systems installed under

this subchapter; and

(3) from time to time carry out such studies and investigations

and take such other actions, including the submission of special

reports to the Congress when appropriate, as may be necessary to

assure that the programs for which the Secretary is responsible

under this subchapter effectively carry out the policy of this

subchapter.

(b) Assistance from scientific, technical, and professional

societies and industry representatives

In the development of the performance criteria and test

procedures required under section 5586 of this title, the Secretary

shall work closely with the appropriate scientific, technical, and

professional societies and industry representatives in order to

assure the best possible use of available expertise in this area.

technical community

The Secretary shall also maintain continuing liaison with related

industries and interests, and with the scientific and technical

community, during and after the period of the programs carried out

under this subchapter, in order to assure that the projected

benefits of such programs are and will continue to be realized.

-SOURCE-

(Pub. L. 95-590, Sec. 8, Nov. 4, 1978, 92 Stat. 2518.)

-End-

-CITE-

42 USC Sec. 5588 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5588. Solar Photovoltaic Energy Advisory Committee

-STATUTE-

(a) Establishment; duties

There is hereby established a Solar Photovoltaic Energy Advisory

Committee, which shall study and advise the Secretary on -

(1) the scope and pace of research and development with respect

to solar photovoltaic energy systems;

(2) the need for and timing of solar photovoltaic energy

systems demonstration projects;

(3) the need for change in any research, development, or

demonstration program established under this subchapter; and

(4) the economic, technological, and environmental consequences

of the use of solar photovoltaic energy systems.

(b) Membership; chairman

The Committee shall be composed of thirteen members, including

eleven members appointed by the Secretary from industrial

organizations, academic institutions, professional societies or

institutions, and other sources as he sees fit, and two members of

the public appointed by the President. The Chairman of the

Committee shall be elected from among the members thereof.

instrumentalities

The heads of the departments, agencies, and instrumentalities of

the executive branch of the Federal Government shall cooperate with

the Committee in carrying out the requirements of this section, and

shall furnish to the Committee such information as the Committee

deems necessary to carry out this section.

(d) Application of section 7234 of this title

Section 7234 of this title shall be applicable to the Committee,

except as inconsistent with this section.

-SOURCE-

(Pub. L. 95-590, Sec. 9, Nov. 4, 1978, 92 Stat. 2518.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

42 USC Sec. 5589 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5589. Promotion and facilitation of practical use of

photovoltaic energy

-STATUTE-

(a) Dissemination of information; trade secret exemption

The Secretary shall take all possible steps to assure that full

and complete information with respect to the demonstrations and

other activities conducted under this subchapter is made available

to Federal, State, and local authorities, relevant segments of the

economy, the scientific and technical community, and the public at

large, both during and after the close of the programs under this

subchapter, with the objective of promoting and facilitating to the

maximum extent feasible the early and widespread practical use of

photovoltaic energy throughout the United States. Any trade secret

or other proprietary information shall be exempted from such

mandatory disclosure, as otherwise specified in law applicable to

research, development and demonstration programs of the Department

of Energy, including, but not limited to, section 5916 of this

title.

(b) Studies and investigations

The Secretary shall -

(1) study the effect of the widespread utilization of

photovoltaic systems on the existing electric utility system at

varying levels of photovoltaic contribution to the system;

(2) study and investigate the effect of utility rate

structures, building codes, zoning ordinances, and other laws,

codes, ordinances, and practices upon the practical use of

photovoltaic systems;

(3) determine the extent to which such laws, codes, ordinances,

and practices should be changed to permit or facilitate such use

and the methods by which any such changes may best be

accomplished; and

(4) determine the necessity of a program of incentives to

accelerate the commercial application of photovoltaic

technologies.

The Secretary is authorized and directed, within one year of

November 4, 1978, to make recommendations to the President and to

the Congress for Federal policies relating to barriers to the early

and widespread utilization of photovoltaic systems in order to

realize the goals set forth in section 5581 of this title. These

recommendations shall include but not be limited to -

(1) the potential for integration of electricity derived from

photovoltaic energy systems into the existing national grid

system, including the potential of photovoltaic-generated

electricity to meet the peak-load energy needs of electric

utilities, load management and reliability implications of the

utilization of photovoltaic electricity by utilities, the

implications of utility ownership of photovoltaic components

leased to others primarily for decentralized applications, the

impacts of utility use of electricity derived from photovoltaic

energy systems on utility rate structures, and the potential for

reducing or obviating the need for energy storage components for

photovoltaic energy systems through utility interface;

(2) the extent of competition between firms currently engaged

in the fabrication and installation of photovoltaics components

and systems as it affects the character and growth potential of

the American photovoltaics industry, and the likelihood that

small photovoltaic firms will have reasonable opportunities to

compete and participate in the various programs authorized by

this subchapter;

(3) the need to identify legal alternatives to ensure access to

direct sunlight for photovoltaic energy systems, the appropriate

methods of encouraging the adoption of such alternatives, and the

implications of widespread utilization of photovoltaic energy

systems for land use and urban development;

(4) the availability of private capital at reasonable interest

rates for individuals, businesses and others desiring to

establish commercial enterprises to manufacture, market, install,

and/or, maintain photovoltaic components and systems, or purchase

and install such systems for private, industrial, agricultural,

commercial or other uses;

(5) the need for industry-wide warranty and reliability

standards for photovoltaic energy components and systems for

private sector applications, and, if appropriate, the mechanisms

for establishing such standards; and

(6) the attainability of the goals specified in section 5581(b)

of this title, and any modification of such goals which the

Secretary proposes for consideration by Congress, with supporting

analyses.

(d) Consultation with government agencies, industry

representatives, and scientific and technical community;

coordination and merger of studies and reports

In carrying out his functions under this section, the Secretary

shall consult with the appropriate government agencies, industry

representatives, and members of the scientific and technical

community having expertise and interest in this area. The Secretary

also shall ensure that any study or report prepared pursuant to

this section is fully coordinated with and reflective of any

analyses or reports prepared pursuant to the requirements in

section 5556a of this title, and in the President's Solar Energy

Domestic Policy Review. The Secretary, as appropriate, may merge

any continuing or on-going studies under section 5556a of this

title or the Domestic Policy Review with those required by this

section or avoid any unnecessary duplication of effort or funding.

The separate report requirements of section 5556a of this title and

this section, however, shall remain in force.

-SOURCE-

(Pub. L. 95-590, Sec. 10, Nov. 4, 1978, 92 Stat. 2519.)

-End-

-CITE-

42 USC Sec. 5590 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5590. Submittal to Congressional committees of plan for

demonstrating applications of photovoltaic systems and

facilitating use in other nations; encouragement of international

participation and cooperation; coordination and consistency of

plan and international activities with similar activities and

programs

-STATUTE-

(a) Within one year after November 4, 1978, the Secretary, in

consultation with the Secretary of State, the Administrator of the

Agency for International Development, the Director of the

Export/Import Bank and other appropriate Federal officials, shall

submit to the House Committee on Science and Technology and the

Senate Committee on Energy and Natural Resources a plan for

demonstrating applications of solar photovoltaic energy systems and

facilitating their widespread use in other nations, especially

those with agreements for scientific cooperation with the United

States.

(b) The Secretary is authorized to encourage, to the maximum

extent practicable, international participation and cooperation in

the development and maintenance of programs established under this

plan. The Secretary, in consultation and cooperation with the

Federal officials specified in subsection (a) of this section,

shall insure to the maximum extent possible that the plan submitted

under subsection (a) of this section and any other international

activities under this section are consistent with and reflective of

any similar activities or requirements under any other Federal

statute, specifically including any of the several programs under

other agencies and Departments involving United States

international cooperation and assistance in nonnuclear energy

technology, and will not duplicate activities under such programs.

The plan required in subsection (a) of this section shall

specifically identify all such programs and statutes and describe

how the activities under this section will be consistent with such

programs, will be coordinated with them, and will avoid duplication

of activities under such programs.

-SOURCE-

(Pub. L. 95-590, Sec. 11, Nov. 4, 1978, 92 Stat. 2520; Pub. L.

103-82, title IV, Sec. 405(j), Sept. 21, 1993, 107 Stat. 922.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82 struck out "the Director of

ACTION," after "International Development,".

-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.

-MISC2-

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section

406(b) of Pub. L. 103-82, set out as a note under section 8332 of

Title 5, Government Organization and Employees.

-End-

-CITE-

42 USC Sec. 5591 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5591. Participation of small business concerns

-STATUTE-

In carrying out his functions under this subchapter, the

Secretary shall take steps to assure that small-business concerns

will have realistic and adequate opportunities to participate in

the programs under this subchapter to the maximum extent

practicable, and the Secretary is directed to set aside at least 10

per centum of the funds authorized and appropriated for the

participation of small business concerns.

-SOURCE-

(Pub. L. 95-590, Sec. 12, Nov. 4, 1978, 92 Stat. 2521.)

-End-

-CITE-

42 USC Sec. 5592 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5592. Priorities

-STATUTE-

The Secretary shall set priorities, as far as possible consistent

with the intent and operation of this subchapter, in accordance

with the following criteria:

(1) The applications utilizing photovoltaic systems which will be

part of the research, development, and demonstration program and

testing and demonstration programs referred to in sections 5583,

5584, 5585, and 5586 of this title shall be located in a sufficient

number of different geographic areas in the United States to assure

a realistic and effective demonstration of the use of photovoltaic

systems and of the applications themselves, in both rural and urban

locations and under climatic conditions which vary as much as

possible.

(2) The projected costs of commercial production and maintenance

of the photovoltaic systems utilized in the testing and

demonstration programs established under this subchapter should be

taken into account.

(3) Encouragement should be given in the conduct of programs

under this subchapter to those projects in which funds are

appropriated by any State or political subdivision thereof for the

purpose of sharing costs with the Federal Government for the

purchase and installation of photovoltaic components and systems.

-SOURCE-

(Pub. L. 95-590, Sec. 13, Nov. 4, 1978, 92 Stat. 2521.)

-End-

-CITE-

42 USC Sec. 5593 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5593. Construction with National Energy Conservation Policy

Act

-STATUTE-

Nothing in this subchapter shall be construed to negate,

duplicate, or otherwise affect the provisions of part C subchapter

III of chapter 91 of this title, and such part C shall be exempted

fully from the provisions of this subchapter and any regulations,

guidelines, or criteria pursuant thereto.

-SOURCE-

(Pub. L. 95-590, Sec. 14, Nov. 4, 1978, 92 Stat. 2521.)

-REFTEXT-

REFERENCES IN TEXT

Part C (Sec. 8271 et seq.) of subchapter III of chapter 91 of

this title, referred to in text, was in the original "title V

(Federal Initiatives), part 4 (Federal Photovoltaic Utilization),

National Energy Conservation Policy Act, H.R. 5037, 95th Congress,

if and when that Act becomes enacted by the Ninety-fifth Congress".

H.R. 5037 was enacted as Pub. L. 95-619, Nov. 9, 1978, 92 Stat.

3206, and is classified principally to chapter 91 (Sec. 8201 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 8201 of this title

and Tables.

-End-

-CITE-

42 USC Sec. 5594 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 71 - SOLAR ENERGY

SUBCHAPTER III - SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND

DEMONSTRATION

-HEAD-

Sec. 5594. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated to the Secretary,

for the fiscal year ending September 30, 1979, $125,000,000,

inclusive of any funds otherwise authorized for photovoltaic

programs, (1) to carry out the functions vested in the Secretary by

this subchapter, (2) to carry out the functions in fiscal year

1979, vested in the Secretary by part C of subchapter III of

chapter 91 of this title, and (3) for transfer to such other

agencies of the Federal Government as may be required to enable

them to carry out their respective functions under this subchapter.

Funds appropriated pursuant to this section shall remain available

until expended: Provided, That any contract or agreement entered

into pursuant to this subchapter shall be effective only to such

extent or in such amounts as are provided in advance in

appropriation Acts. Authorizations of appropriations for fiscal

years after fiscal year 1979 shall be contained in the annual

authorization for the Department of Energy, except for those funds

authorized for fiscal years 1980 and 1981 contained in part C of

subchapter III of chapter 91 of this title.

-SOURCE-

(Pub. L. 95-590, Sec. 15, Nov. 4, 1978, 92 Stat. 2522.)

-REFTEXT-

REFERENCES IN TEXT

Part C (Sec. 8271 et seq.) of subchapter III of chapter 91 of

this title, referred to in text, was in the original "part 4 of

title V of H.R. 5037, 95th Congress, if enacted by the 95th

Congress". H.R. 5037 was enacted as Pub. L. 95-619, Nov. 9, 1978,

92 Stat. 3206, and is classified principally to chapter 91 (Sec.

8201 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 8201 of

this title and Tables.

-End-

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