
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: 42USC5915]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 74--NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT
 
Sec. 5915. Authorization of appropriations

    (a) There may be appropriated to the Secretary to carry out the 
purposes of this chapter such sums as may be authorized in annual 
authorization Acts.
    (b) Of the amounts appropriated pursuant to subsection (a) of this 
section--
        (1) $500,000 annually shall be made available by fund transfer 
    to the Council on Environmental Quality for the purposes authorized 
    by section 5910 \1\ of this title; and
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    \1\ See References in Text note below.
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        (2) not to exceed $1,000,000 annually shall be made available by 
    fund transfer to the Water Resources Council for the purposes 
    authorized by section 5912 of this title.

    (c) There also may be appropriated to the Secretary by separate Acts 
such amounts as are required for demonstration projects for which the 
total Federal contribution to construction costs exceeds $50,000,000.

(Pub. L. 93-577, Sec. 16, Dec. 31, 1974, 88 Stat. 1894; Pub. L. 95-91, 
title III, Sec. 301(a), title VII, Secs. 703, 707, Aug. 4, 1977, 91 
Stat. 577, 606, 607.)

                       References in Text

    Section 5910 of this title, referred to in subsec. (b)(1), was 
repealed by Pub. L. 104-66, title II, Sec. 2021(i), Dec. 21, 1995, 109 
Stat. 727.

                          Transfer of Functions

    ``Secretary'', meaning Secretary of Energy, substituted for 
``Administrator'', meaning Administrator of Energy Research and 
Development Administration, in subsecs. (a) and (c) pursuant to sections 
301(a), 703, and 707 of Pub. L. 95-91, which are classified to sections 
7151(a), 7293, and 7297 of this title and which terminated Energy 
Research and Development Administration and transferred its functions 
and functions of Administrator thereof (with certain exceptions) to 
Secretary of Energy.
    Functions of Council on Environmental Quality and Office of 
Environmental Quality relating to evaluation provided for by section 
5910 of this title transferred to Administrator of Environmental 
Protection Agency by Reorg. Plan No. 1 of 1977, Sec. 5E, 42 F.R. 56101, 
91 Stat. 1634, set out in the Appendix to Title 5, Government 
Organization and Employees, effective on or before Apr. 1, 1978, at such 
time as specified by President. Section 6 of Reorg. Plan No. 1 of 1977 
authorized Director of Office of Management and Budget to transfer to 
appropriate agency or department unexpended balances of appropriations, 
allocations and other funds used, held, or available in connection with 
functions transferred. Ex. Ord. No. 12040, Feb. 24, 1978, 43 F.R. 8097, 
set out under section 5910 of this title, provided that transfer of 
functions of Council on Environmental Quality and Office of 
Environmental Quality to Administrator of Environmental Protection 
Agency is effective Feb. 26, 1978.


       Alternative Fuels Production; Energy Security Reserve Fund

    Pub. L. 96-126, title II, Sec. 201, Nov. 27, 1979, 93 Stat. 970, as 
amended by Pub. L. 99-190, Sec. 101(d) [title II, Sec. 201], Dec. 19, 
1985, 99 Stat. 1224, 1255, provided that:
    ``In order to expedite the domestic development and production of 
alternative fuels and to reduce dependence on foreign supplies of energy 
resources by establishing such domestic production at maximum levels at 
the earliest time practicable, there is hereby established in the 
Treasury of the United States a special fund to be designated the 
`Energy Security Reserve', to which is appropriated $19,000,000,000, to 
remain available until expended: Provided, That these funds shall be 
available for obligation only to stimulate domestic commercial 
production of alternative fuels and only to the extent provided in 
advance in appropriations Acts: Provided further, That of these funds 
$1,500,000,000 shall be available immediately to the Secretary of Energy 
to carry out the provisions of the Federal Nonnuclear Energy Research 
and Development Act of 1974, as amended (42 U.S.C. 5901, et seq.), to 
remain available until expended, for the purchase or production by way 
of purchase commitments or price guarantees of alternative fuels: 
Provided further, That the Secretary shall immediately begin the 
contract process for purchases of, or commitments to purchase, or to 
resell alternative fuels to the extent of appropriations provided 
herein: Provided further, That of these funds an additional $708,000,000 
shall be available immediately to the Secretary of Energy, to remain 
available until expended, to support preliminary alternative fuels 
commercialization activities under the Federal Nonnuclear Energy 
Research and Development Act of 1974, as amended, of which (1) not to 
exceed $100,000,000 shall be available for project development 
feasibility studies, such individual awards not to exceed $4,000,000: 
Provided, That the Secretary may require repayment of such funds where 
studies determine that such project proposals have economic or technical 
feasibility; (2) not to exceed $100,000,000 shall be available for 
cooperative agreements with non-Federal entities, such individual 
agreements not to exceed $25,000,000 to support commercial scale 
development of alternative fuel facilities; (3) not to exceed 
$500,000,000 shall be available for a reserve to cover any defaults from 
loan guarantees issued to finance the construction of alternative fuels 
production facilities as authorized by the Federal Nonnuclear Energy 
Research and Development Act of 1974, as amended: Provided, That the 
indebtedness guaranteed or committed to be guaranteed under this 
appropriation shall not exceed the aggregate of $1,500,000,000; and (4) 
not to exceed $8,000,000 shall be available for program management.
    ``This Act [Pub. L. 96-126] shall be deemed to satisfy the 
requirements for congressional action pursuant to sections 7(c) and 19 
of said Act [sections 5906(c) and 5919 of this title] with respect to 
any purchase commitment, price guarantee, or loan guarantee for which 
funds appropriated hereby are utilized or obligated.
    ``For the purposes of this appropriation the term `alternative 
fuels', means gaseous, liquid, or solid fuels and chemical feedstocks 
derived from coal, shale, tar sands, lignite, peat, biomass, solid 
waste, unconventional natural gas, and other minerals or organic 
materials other than crude oil or any derivative thereof.
    ``Within ninety days following enactment of this Act [Nov. 27, 
1979], the Secretary of Energy in his sole discretion shall issue a 
solicitation for applications which shall include criteria for project 
development feasibility studies described in this account.
    ``Loan guarantees for oil shale facilities issued under this 
appropriation may be used to finance construction of full-sized 
commercial facilities without regard to the proviso in section 19(b)(1) 
of said Act [section 5919(b)(1) of this title] requiring the prior 
demonstration of a modular facility.
    ``In any case in which the Government, under the provisions of this 
appropriation, accepts delivery of and does not resell any alternative 
fuels, such fuels shall be used by an appropriate Federal agency. Such 
Federal agency shall pay into the reserve the market price, as 
determined by the Secretary, for such fuels from sums appropriated to 
such Federal agency for the purchase of fuels. The Secretary shall pay 
the contractor, from sums appropriated herein, the contract price for 
such fuels.
    ``All amounts received by the Secretary under this appropriation, 
including fees, any other monies, property, or assets derived by the 
Secretary from operations under this appropriation shall be deposited in 
the reserve.
    ``All payments for obligations and appropriate expenses (including 
reimbursements to other Government accounts), pursuant to operations of 
the Secretary under this appropriation shall be paid from the reserve 
subject to appropriations.
    ``For the establishment in the Treasury of the United States of a 
special fund to be designated the `Solar and Conservation Reserve', 
$1,000,000,000 to remain available until expended: Provided, That these 
funds shall be available for obligation only to stimulate solar energy 
and conservation: Provided further, That the withdrawal of said funds 
shall be subject to the passage of authorizing legislation and only to 
the extent provided in advance in appropriations Acts.''
    Additional provisions relating to appropriations for the Energy 
Security Reserve Fund, purposes for which the Fund is available, and 
administrative provisions for the Fund and alternative fuels production 
were contained in the following appropriation Acts:
    Pub. L. 98-369, div. B, title I, Sec. 2103, July 18, 1984, 98 Stat. 
1058.
    Pub. L. 97-100, title II, Dec. 23, 1981, 95 Stat. 1407.
    Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 48.
    Pub. L. 96-369, Sec. 121, Oct. 1, 1980, 94 Stat. 1357.
    Pub. L. 96-304, title I, July 8, 1980, 94 Stat. 880-882, as amended 
Pub. L. 96-514, title II, Dec. 12, 1980, 94 Stat. 2974.

                  Section Referred to in Other Sections

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