
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5905]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 74--NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT
 
Sec. 5905. Comprehensive plan and implementing program for 
        energy research, development, and demonstration; transmission to 
        Congress; purposes; scope of program; comprehensive environment 
        and safety program implementing plan; development and 
        transmission to Congress
        
    (a) Pursuant to the authority and directions of this chapter and the 
Energy Reorganization Act of 1974 (Public Law 93-438) [42 U.S.C. 5801 et 
seq.], the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), and titles XX through XXIII of the Energy Policy Act of 1992 [42 
U.S.C. 13401 et seq., 13451 et seq., 13501 et seq., 13521 et seq.], the 
Secretary, in consultation with the Advisory Board established under 
section 2302 of the Energy Policy Act of 1992 [42 U.S.C. 13522], shall 
transmit to the Congress, on or before June 30, 1975, a comprehensive 
plan for energy research, development, and demonstration. This plan 
shall be appropriately revised annually as provided in section 5914(a) 
of this title. Such plan shall be designed to achieve--
        (1) solutions to immediate and short-term (the period up to 5 
    years after submission of the plan or its annual revision) energy 
    supply system and associated environmental problems;
        (2) solutions to middle-term (the period from 5 years to 10 
    years after submission of the plan or its annual revision) energy 
    supply system and associated environmental problems; and
        (3) solutions to long-term (the period beyond 10 years after 
    submission of the plan or its annual revision) energy supply system 
    and associated environmental problems.

    (b)(1) Based on the comprehensive energy research, development, and 
demonstration plan developed under subsection (a) of this section, the 
Secretary, in consultation with the Advisory Board established under 
section 2302 of the Energy Policy Act of 1992 [42 U.S.C. 13522], shall 
develop and transmit to the Congress, on or before June 30, 1975, a 
comprehensive nonnuclear energy research, development, and demonstration 
program to implement the nonnuclear research, development, and 
demonstration aspects of the comprehensive plan. Such program shall be 
updated and transmitted to the Congress annually as part of the report 
required under section 5914 of this title.
    (2) This program shall be designed to achieve solutions to the 
energy supply and associated environmental problems in the immediate and 
short-term, middle-term, and long-term time intervals described in 
subsection (a)(1) through (3) of this section. In formulating the 
nonnuclear aspects of this program, the Secretary, in consultation with 
the Advisory Board established under section 2302 of the Energy Policy 
Act of 1992 [42 U.S.C. 13522], shall evaluate the economic, 
environmental, and technological merits of each aspect of the program.
    (3) The Secretary shall assign program elements and activities in 
specific nonnuclear energy technologies, to the short-term, middle-term, 
and long-term time intervals, and shall present full and complete 
justification for these assignments and the degree of emphasis for each. 
These program elements and activities shall include, but not be limited 
to, research, development, and demonstrations designed--
        (A) to advance energy conservation technologies, including but 
    not limited to--
            (i) productive use of waste, including garbage, sewage, 
        agricultural wastes, and industrial waste heat;
            (ii) reuse and recycling of materials and consumer products;
            (iii) improvements in automobile design for increased 
        efficiency and lowered emissions, including investigation of the 
        full range of alternatives to the internal combustion engine and 
        systems of efficient public transportation; and
            (iv) advanced urban and architectural design to promote 
        efficient energy use in the residential and commercial sectors, 
        improvements in home design and insulation technologies, small 
        thermal storage units and increased efficiency in electrical 
        appliances and lighting fixtures;

        (B) to accelerate the commercial demonstration of technologies 
    for producing low-sulfur fuels suitable for boiler use;
        (C) to demonstrate improved methods for the generation, storage, 
    and transmission of electrical energy through (i) advances in gas 
    turbine technologies, combined power cycles, the use of low British 
    thermal unit gas and, if practicable, magnetohydrodynamics; (ii) 
    storage systems to allow more efficient load following, including 
    the use of inertial energy storage systems; and (iii) improvement in 
    cryogenic transmission methods;
        (D) to accelerate the commercial demonstration of technologies 
    for producing substitutes for natural gas, including coal 
    gasification: Provided, That the Secretary shall invite and consider 
    proposals from potential participants based upon Federal assistance 
    and participation in the form of a joint Federal-industry 
    corporation, and recommendations pursuant to this clause shall be 
    accompanied by a report on the viability of using this form of 
    Federal assistance or participation;
        (E) to accelerate the commercial demonstration of technologies 
    for producing syncrude and liquid petroleum products from coal: 
    Provided, That the Secretary shall invite and consider proposals 
    from potential participants based upon Federal assistance and 
    participation through guaranteed prices or purchase of the products, 
    and recommendations pursuant to this clause shall be accompanied by 
    a report on the viability of using this form of Federal assistance 
    or participation;
        (F) in accordance with the program authorized by the Geothermal 
    Energy Research, Development, and Demonstration Act of 1974 (Public 
    Law 93-410) [30 U.S.C. 1101 et seq.], to accelerate the commercial 
    demonstration of geothermal energy technologies;
        (G) to demonstrate the production of syncrude from oil shale by 
    all promising technologies including in situ technologies;
        (H) to demonstrate new and improved methods for the extraction 
    of petroleum resources, including secondary and tertiary recovery of 
    crude oil;
        (I) to demonstrate the economics and commercial viability of 
    solar energy for residential and commercial energy supply 
    applications in accordance with the program authorized by the Solar 
    Heating and Cooling Act of 1974 (Public Law 93-409) [42 U.S.C. 5501 
    et seq.];
        (J) to accelerate the commercial demonstration of environmental 
    control systems for energy technologies developed pursuant to this 
    chapter;
        (K) to investigate the technical and economic feasibility of 
    tidal power for supplying electrical energy;
        (L) to commercially demonstrate advanced solar energy 
    technologies in accordance with the Solar Research, Development, and 
    Demonstration Act of 1974 (Public Law 93-473) [42 U.S.C. 5551 et 
    seq.];
        (M) to determine the economics and commercial viability of the 
    production of synthetic fuels such as hydrogen and methanol;
        (N) to commercially demonstrate the use of fuel cells for 
    central station electric power generation;
        (O) to determine the economics and commercial viability of in 
    situ coal gasification;
        (P) to improve techniques for the management of existing energy 
    systems by means of quality control; application of systems 
    analysis, communications, and computer techniques; and public 
    information with the objective of improving the reliability and 
    efficiency of energy supplies and encourage the conservation of 
    energy resources;
        (Q) to improve methods for the prevention and cleanup of marine 
    oil spills;
        (R) to implement the Renewable Energy and Energy Efficiency 
    Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et seq.); 
    and
        (S) to implement titles XX through XXIII of the Energy Policy 
    Act of 1992 [42 U.S.C. 13401 et seq., 13451 et seq., 13501 et seq., 
    13521 et seq.].

    (c) Based upon the comprehensive plan developed under subsection (a) 
of this section, the Secretary, in consultation with the Advisory Board 
established under section 2302 of the Energy Policy Act of 1992 [42 
U.S.C. 13522], shall develop and transmit to the Congress, on or before 
September 1, 1978, a comprehensive environment and safety program to 
insure the full consideration and evaluation of all environmental, 
health, and safety impacts of each element, program, or initiative 
contained in the nuclear and nonnuclear energy research, development, 
and demonstration plans. Such program shall be updated and transmitted 
to the Congress annually as part of the report required under section 
5914 of this title.

(Pub. L. 93-577, Sec. 6, Dec. 31, 1974, 88 Stat. 1881; Pub. L. 95-91, 
title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91 
Stat. 577, 606, 607; Pub. L. 95-238, title II, Sec. 206(a), Feb. 25, 
1978, 92 Stat. 61; Pub. L. 102-486, title XXIII, Sec. 2303(a), Oct. 24, 
1992, 106 Stat. 3092.)

                       References in Text

    The Energy Reorganization Act of 1974, referred to in subsec. (a), 
is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as amended, which is 
classified principally to chapter 73 (Sec. 5801 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 5801 of this title and Tables.
    The Department of Energy Organization Act, referred to in subsec. 
(a), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended, which is 
classified principally to chapter 84 (Sec. 7101 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 7101 of this title and Tables.
    The Energy Policy Act of 1992, referred to in subsecs. (a) and 
(b)(3)(S), is Pub. L. 102-486, Oct. 24, 1992, 106 Stat. 2776. Titles XX 
through XXIII of the Act are classified generally to subchapters VIII 
(Sec. 13401 et seq.), IX (Sec. 13451 et seq.), X (Sec. 13501 et seq.), 
and XI (Sec. 13521 et seq.), respectively, of chapter 134 of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 13201 of this title and Tables.
    The Solar Heating and Cooling Act of 1974, referred to in subsec. 
(b)(3), probably means the Solar Heating and Cooling Demonstration Act 
of 1974, Pub. L. 93-409, Sept. 3, 1974, 88 Stat. 1069, as amended, which 
is classified generally to subchapter I (Sec. 5501 et seq.) of chapter 
71 of this title. For complete classification of this Act to the Code, 
see Short Title note set out under section 5501 of this title and 
Tables.
    The Geothermal Energy Research, Development, and Demonstration Act 
of 1974, referred to in subsec. (b)(3)(F), is Pub. L. 93-410, Sept. 3, 
1974, 88 Stat. 1079, as amended, which is classified generally to 
chapter 24 (Sec. 1101 et seq.) of Title 30, Mineral Lands and Mining. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1101 of Title 30 and Tables.
    The Solar Research, Development, and Demonstration Act of 1974, 
referred to in subsec. (b)(3)(L), probably means the Solar Energy 
Research, Development, and Demonstration Act of 1974, Pub. L. 93-473, 
Oct. 26, 1974, 88 Stat. 1431, as amended, which is classified generally 
to subchapter II (Sec. 5551 et seq.) of chapter 71 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 5551 of this title and Tables.
    The Renewable Energy and Energy Efficiency Technology 
Competitiveness Act of 1989, referred to in subsec. (b)(3)(R), is Pub. 
L. 101-218, Dec. 11, 1989, 103 Stat. 1859, which is classified 
principally to chapter 125 (Sec. 12001 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 12001 of this title and Tables.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-486, Sec. 2303(a)(1)(A), substituted 
``the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
and titles XX through XXIII of the Energy Policy Act of 1992, the 
Secretary, in consultation with the Advisory Board established under 
section 2302 of the Energy Policy Act of 1992,'' for ``the 
Administrator''.
    Subsec. (a)(1). Pub. L. 102-486, Sec. 2303(a)(1)(B), substituted 
``(the period up to 5 years after submission of the plan or its annual 
revision)'' for ``(to the early 1980's)''.
    Subsec. (a)(2). Pub. L. 102-486, Sec. 2303(a)(1)(C), substituted 
``(the period from 5 years to 10 years after submission of the plan or 
its annual revision)'' for ``(the early 1980's to 2000)''.
    Subsec. (a)(3). Pub. L. 102-486, Sec. 2303(a)(1)(D), substituted 
``(the period beyond 10 years after submission of the plan or its annual 
revision)'' for ``(beyond 2000)''.
    Subsec. (b)(1). Pub. L. 102-486, Sec. 2303(a)(2)(B), inserted at end 
``Such program shall be updated and transmitted to the Congress annually 
as part of the report required under section 5914 of this title.''
    Pub. L. 102-486, Sec. 2303(a)(2)(A), substituted ``Secretary, in 
consultation with the Advisory Board established under section 2302 of 
the Energy Policy Act of 1992,'' for ``Administrator''.
    Subsec. (b)(2). Pub. L. 102-486, Sec. 2303(a)(2)(C), substituted ``, 
middle-term, and long-term time intervals described in subsection (a)(1) 
through (3) of this section'' for ``(to the early 1980's), middle-term 
(the early 1980's to 2000), and long-term (beyond 2000) time 
intervals''.
    Pub. L. 102-486, Sec. 2303(a)(2)(A), substituted ``Secretary, in 
consultation with the Advisory Board established under section 2302 of 
the Energy Policy Act of 1992,'' for ``Administrator''.
    Subsec. (b)(3). Pub. L. 102-486, Sec. 2303(a)(2)(D)-(F), added 
subpars. (R) and (S).
    Subsec. (c). Pub. L. 102-486, Sec. 2303(a)(3)(B), inserted at end 
``Such program shall be updated and transmitted to the Congress annually 
as part of the report required under section 5914 of this title.''
    Pub. L. 102-486, Sec. 2303(a)(3)(A), substituted ``Secretary, in 
consultation with the Advisory Board established under section 2302 of 
the Energy Policy Act of 1992,'' for ``Administrator''.
    1978--Subsec. (c). Pub. L. 95-238 added subsec. (c).

                          Transfer of Functions

    ``Secretary'', meaning Secretary of Energy, substituted for 
``Administrator'', meaning Administrator of Energy Research and 
Development Administration, in subsec. (b)(3) pursuant to sections 
301(a), 703, and 707 of Pub. L. 95-91, which are classified to sections 
7151(a), 7293, and 7297 of this title and which terminated Energy 
Research and Development Administration and transferred its functions 
and functions of Administrator thereof (with certain exceptions) to 
Secretary of Energy.


 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5914, 12006, 13522 of this 
title; title 15 section 2709.
