
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5904]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 74--NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT
 
Sec. 5904. Research, development, and demonstration program 
        governing principles
        
    (a) The Congress authorizes and directs that the comprehensive 
program in research, development, and demonstration required by this 
chapter shall be designed and executed according to the following 
principles:
        (1) Energy conservation shall be a primary consideration in the 
    design and implementation of the Federal nonnuclear energy program. 
    For the purposes of this chapter, energy conservation means both 
    improvement in efficiency of energy production and use, and 
    reduction in energy waste.
        (2) The environmental and social consequences of a proposed 
    program shall be analyzed and considered in evaluating its 
    potential.
        (3) Any program for the development of a technology which may 
    require significant consumptive use of water after the technology 
    has reached the stage of commercial application shall include 
    thorough consideration of the impacts of such technology and use on 
    water resources pursuant to the provisions of section 5912 of this 
    title.
        (4) Heavy emphasis shall be given to those technologies which 
    utilize renewable or essentially inexhaustible energy sources.
        (5) The potential for production of net energy by the proposed 
    technology at the stage of commercial application shall be analyzed 
    and considered in evaluating proposals.

    (b) The Congress further directs that the execution of the 
comprehensive research, development, and demonstration program shall 
conform to the following principles:
        (1) Research and development of nonnuclear energy sources shall 
    be pursued in such a way as to facilitate the commercial 
    availability of adequate supplies of energy to all regions of the 
    United States.
        (2) In determining the appropriateness of Federal involvement in 
    any particular research and development undertaking, the Secretary 
    shall give consideration to the extent to which the proposed 
    undertaking satisfies criteria including, but not limited to, the 
    following:
            (A) The urgency of public need for the potential results of 
        the research, development, or demonstration effort is high, and 
        it is unlikely that similar results would be achieved in a 
        timely manner in the absence of Federal assistance.
            (B) The potential opportunities for non-Federal interests to 
        recapture the investment in the undertaking through the normal 
        commercial utilization of proprietary knowledge appear 
        inadequate to encourage timely results.
            (C) The extent of the problems treated and the objectives 
        sought by the undertaking are national or widespread in their 
        significance.
            (D) There are limited opportunities to induce non-Federal 
        support of the undertaking through regulatory actions, end use 
        controls, tax and price incentives, public education, or other 
        alternatives to direct Federal financial assistance.
            (E) The degree of risk of loss of investment inherent in the 
        research is high, and the availability or risk capital to the 
        non-Federal entities which might otherwise engage in the field 
        of the research is inadequate for the timely development of the 
        technology.
            (F) The magnitude of the investment appears to exceed the 
        financial capabilities of potential non-Federal participants in 
        the research to support effective efforts.

(Pub. L. 93-577, Sec. 5, Dec. 31, 1974, 88 Stat. 1880; Pub. L. 95-91, 
title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91 
Stat. 577, 606, 607.)

                          Transfer of Functions

    ``Secretary'', meaning Secretary of Energy, substituted in text for 
``Administrator'', meaning Administrator of Energy Research and 
Development Administration, pursuant to sections 301(a), 703, and 707 of 
Pub. L. 95-91, which are classified to sections 7151(a), 7293, and 7297 
of this title and which terminated Energy Research and Development 
Administration and transferred its functions and functions of 
Administrator thereof (with certain exceptions) to Secretary of Energy.


                    National Alcohol Fuels Commission

    Pub. L. 95-599, title I, Sec. 170, Nov. 6, 1978, 92 Stat. 2724, as 
amended by Pub. L. 96-106, Sec. 20, Nov. 9, 1979, 93 Stat. 799, 
established the National Alcohol Fuels Commission, directed the 
Commission to make a full and complete investigation and study of the 
long- and short-term potential for alcohol fuels, from biomass 
(including but not limited to, animal, crop and wood waste, municipal 
and industrial waste, sewage sludge, and ocean and terrestrial crops) 
and coal, to contribute to meeting the Nation's energy needs, and 
provided that, not later than eighteen months after being established, 
the Commission submit to the President and the Congress its final report 
including its recommendations and findings, with the Commission to cease 
to exist six months after submission of such report.

                  Section Referred to in Other Sections

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