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42 U.S.C. § 5905 — Comprehensive planning and programming

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5905 — Comprehensive planning and programming

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5801&num=0&edition=prelim) et seq.], the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), and titles XX through XXIII of the Energy Policy Act of 1992 [[42 U.S.C. 13401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13401&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13522&num=0&edition=prelim)], 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) 11 See References in Text note below. 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 en

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Source file: Laws/federal/codes/united-states-code/title-42/section-5905-comprehensive-planning-and-programming--ebc4535379.md
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Source location: Title 42, Chapter 74, § 5905; chapter-074-nonnuclear-energy-research-and-development.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5801&num=0&edition=prelim) et seq.], the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), and titles XX through XXIII of the Energy Policy Act of 1992 [[42 U.S.C. 13401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13401&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13522&num=0&edition=prelim)], 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) 11 See References in Text note below. 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), the Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992 [[42 U.S.C. 13522](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13522&num=0&edition=prelim)], shall develop and transmit to the Congress, on or before June 30, 1975, a comprehensive nonnuclear energy research, development, and demonstration program to implement the nonnuclear research, development, and demonstration aspects of the comprehensive plan. Such program shall be updated and transmitted to the Congress annually as part of the report required under section 5914 1 of this title. (2) This program shall be designed to achieve solutions to the energy supply and associated environmental problems in the immediate and short-term, middle-term, and long-term time intervals described in subsection (a)(1) through (3). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13522&num=0&edition=prelim)], 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),1 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 Demonstration Act of 1974 (Public Law 93–409); 1 (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 determine the economics and commercial viability of the production of synthetic fuels such as hydrogen and methanol; (M) to commercially demonstrate the use of fuel cells for central station electric power generation; (N) to determine the economics and commercial viability of in situ coal gasification; (O) 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; (P) to improve methods for the prevention and cleanup of marine oil spills; (Q) to implement the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 ([42 U.S.C. 12001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12001&num=0&edition=prelim) et seq.); and (R) to implement titles XX through XXIII of the Energy Policy Act of 1992 [[42 U.S.C. 13401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13401&num=0&edition=prelim) et seq., 13451 et seq., 13501 et seq., 13521 et seq.]. **(c)** Based upon the comprehensive plan developed under subsection (a), the Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992 [[42 U.S.C. 13522](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13522&num=0&edition=prelim)], shall develop and transmit to the Congress, on or before September 1, 1978, a comprehensive environment and safety program to insure the full consideration and evaluation of all environmental, health, and safety impacts of each element, program, or initiative contained in the nuclear and nonnuclear energy research, development, and demonstration plans. Such program shall be updated and transmitted to the Congress annually as part of the report required under section 5914 1 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5821 — Coordination with environmental efforts

The Administrator is authorized to establish programs to utilize research and development performed by other Federal agencies to minimize the adverse environmental effects of energy projects. The Administrator of the Environmental Protection Agency, as well as other affected agencies and departments, shall cooperate fully with the Administrator in establishing and maintaining such programs, and in establishing appropriate interagency agreements to develop cooperative programs and to avoid unnecessary duplication.

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42 U.S.C. § 12001 — Finding, purpose, and general authority

**(a) Finding** The Congress finds that it is in the national security and economic interest of the United States to foster greater efficiency in the use of available energy supplies and greater use of renewable energy technologies. **(b) Purpose** It is the purpose of this chapter to authorize the Secretary of Energy, acting in accordance with [section 13541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13541&num=0&edition=prelim), to pursue an aggressive national program of research, development, demonstration, and commercial application of renewable energy and energy efficiency technologies in order to ensure a stable and secure future energy supply by— (1) achieving as soon as practicable cost competitive use of those technologies without need of Federal financial incentives; (2) establishing long-term Federal research goals and multiyear funding levels; (3) directing the Secretary to undertake initiatives to improve the ability of the private sector to commercialize in the near term renewable energy and energy efficiency technologies; and (4) fostering collaborative efforts involving the private sector through government support of a program of demonstration and commercial application projects. **(c) General authority** The Secretary, acting in accordance with [section 13541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13541&num=0&edition=prelim), is authorized and directed to— (1) pursue a program of research, development, demonstration, and commercial application with the private sector, to achieve the purpose of this chapter, including the goals established under [section 12003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-secti

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13201 — Air quality enhancement program

**(a) Eligible projects** Projects supported under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim) shall— (1) utilize technologies that meet relevant Federal and State clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim), achievable for purposes of [section 7479 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7479&num=0&edition=prelim), or achievable in practice for purposes of [section 7501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7501&num=0&edition=prelim); or (2) utilize equipment or processes that exceed relevant Federal or State clean air requirements applicable to the unit or facilities included in the projects by achieving greater efficiency or environmental performance. **(b) Priority in project selection** In making an award under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim), the Secretary shall give priority to— (1) projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas or substantially reduce the emission level of criteria pollutants and mercury air emissions; (2) projects for pollution control that result in the mitigation or collection of more than 1 pollutant; and (3) projects designed to allow the use of the waste byproducts or other byproducts of the equipment. **(c) Authorization of appropriations** There a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5801 — Sex discrimination prohibited

No person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any subchapter of this chapter. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13401 — Advanced diesel emissions program

**(a) Program direction** The Secretary shall initiate a 5-year program, in accordance with sections 13541 and 13542 of this title, on diesel engine combustion and engine systems, related advanced materials, and fuels and lubricants to reduce emissions oxides of nitrogen and particulates. Activities conducted under this program shall supplement activities of a similar nature at the Department of Energy. Such program shall include field demonstrations of sufficient scale and number in operating environments to prove technical and economic viability to meet the goal stated in subsection (b). **(b) Program goal** The goal of the program established under subsection (a) shall be to accelerate the ability of United States diesel manufacturers to meet current and future oxides of nitrogen and particulate emissions requirements. **(c) Program plan** Within 180 days after October 24, 1992, the Secretary, in consultation with appropriate representatives of industry, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies, shall prepare and submit to the Congress a 5-year program plan to guide the activities under this section. Such plan shall be included as part of the plan required by [section 13431(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13431/b&num=0&edition=prelim). **(d) Solicitation of proposals** Within 1 year after October 24, 1992, the Secretary shall solicit proposals for conducting activities consistent with the 5-year program plan.

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42 U.S.C. § 5914 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 93–577, § 15, Dec. 31, 1974, 88 Stat. 1894; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95–238, title II, § 206(b), Feb. 25, 1978, 92 Stat. 61, which required the Secretary to submit annually to Congress a report detailing the activities carried out pursuant to this chapter during the preceding fiscal year, a detailed description of the comprehensive plan for nuclear and nonnuclear energy research, development, and demonstration then in effect under [section 5905(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5905/a&num=0&edition=prelim), a detailed description of the comprehensive nonnuclear research, development, and demonstration program then in effect under [section 5905(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5905/b&num=0&edition=prelim), and a detailed description of the environmental and safety research, development, and demonstration activities carried out and in progress and which provided that those reports would satisfy the reporting requirements of [section 5877(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5877/a&num=0&edition=prelim) insofar as is concerned activities, goals, priorities, and plans of the Secretary pertaining to nonnuclear energy, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, set out as a note under [section 1113 of Title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1113&num=0&edition=prelim), Money and Finance. See, also, the 20th item on page 86 of House Document No. 103–7.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7101 — Transferred

### Statutory Notes #### Codification Sections 7386 to 7386k, Pub. L. 107–314, div. C, title XXXVI, §§ 3620–3631, Dec. 2, 2002, 116 Stat. 2756–2762, were renumbered sections 4701 to 4712, respectively, of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and were formerly classified to sections 2741 to 2752, respectively, of Title 50, War and National Defense. See sections 6271 to 6283, repsectively, of Title 10, Armed Forces. Section 7386 related to definitions for purposes of former sections 7386 to 7386k of this title. Section 7386a related to reprogramming of amounts appropriated pursuant to a Department of Energy national security authorization. Section 7386b related to minor construction projects. Section 7386c related to limits on construction projects. Section 7386d related to fund transfer authority. Section 7386e related to conceptual and construction design. Section 7386f related to authority for emergency planning, design, and construction activities. Section 7386g related to scope of authority to carry out plant projects. Section 7386h related to availability of funds. Section 7386i related to transfer of defense environmental management funds. Section 7386j related to transfer of weapons activities funds. Section 7386k related to funds available for all national security programs of the Department of Energy.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13522 — Policy on major construction projects

**(a) Report and management plan** The Secretary shall submit to the Congress a report and management plan for any major construction project involving $100,000,000 or more, prior to the expenditure of those funds. **(b) Congressional review** Expenditure of funds for a project described in subsection (a) may be made after a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than 3 calendar days prior to a day certain) has passed after receipt of the report and management plan by Congress.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12006 — Reports

**(a) Report by Secretary** One year after December 11, 1989, and annually thereafter, the Secretary shall report to Congress on the programs and projects supported under this chapter and the progress being made toward accomplishing the goals and purposes set forth in this chapter. **(b) National renewable energy and energy efficiency management plan** (1) The Secretary, in consultation with the Advisory Committee, shall prepare a three-year management plan to be administered and carried out by the Secretary in the conduct of activities under this chapter. (2) After opportunity for public comment and consideration, as appropriate, of such comment, the Secretary shall publish the plan. (3) In addition to describing the Secretary’s intentions for administering this chapter, the plan shall include a comprehensive strategy for assisting the private sector— (A) in commercializing the renewable energy and energy efficiency technologies developed under this chapter; and (B) in meeting competition from foreign suppliers of products derived from renewable energy and energy efficiency technologies. (4) The plan shall address the role of federally-assisted research, development, and demonstration in the achievement of applicable national policy goals of the National Energy Policy Plan required under [section 7321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7321&num=0&edition=prelim) and the plan developed under [section 5905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5905&num=0&edition=prelim). (5) In addition, the Plan 11 So in original. Probably should not be capitalized. shall— (A) contain a detailed assessment of program needs, objectives, and priorities for each of th

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12001 — Finding, purpose, and general authority

Page 8232 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12001 (Pub. L. 100–690, title V, § 5146, Nov. 18, 1988, 102 Stat. 4304.) CHAPTER 125—RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY COM- PETITIVENESS Sec. 12001. Finding, purpose, and general authority. 12002. Definitions. 12003. National goals and multi-year funding for Federal alcohol from biomass and other technology programs. 12004. Energy efficiency authorizations. 12005. Demonstration and commercial application projects. 12006. Reports. 12007. No antitrust immunity or defenses. § 12001. Finding, purpose, and general authority (a) Finding The Congress finds that it is in the national security and economic interest of the United States to foster greater efficiency in the use of available energy supplies and greater use of re- newable energy technologies. (b) Purpose It is the purpose of this chapter to authorize the Secretary of Energy, acting in accordance with section 13541 of this title, to pursue an ag- gressive national program of research, develop- ment, demonstration, and commercial applica- tion of renewable energy and energy efficiency technologies in order to ensure a stable and se- cure future energy supply by— (1) achieving as soon as practicable cost competitive use of those technologies without need of Federal financial incentives; (2) establishing long-term Federal research goals and multiyear funding levels; (3) directing the Secretary to undertake ini- tiatives to improve the ability of the private sector to commercialize in the near term re- newable energy and energy efficiency tech- nologies; and (4) fostering collaborative efforts involving the private sector through government sup- port of a program of demonstration and com- mercial application projec

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