42 U.S.C. § 13542 — Cost sharing

Page 8600 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13542 1 See References in Text note below. any other form of agreement available to the Secretary that is in effect as of October 24, 1992. (Pub. L. 102–486, title XXX, § 3001, Oct. 24, 1992, 106 Stat. 3126.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (b), and (d), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. The Federal Nonnuclear Research and Development Act of 1974, referred to in subsec. (a)(1), probably means the Federal Nonnuclear Energy Research and Develop- ment Act of 1974, Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to chapter 74 (§ 5901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5901 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (a)(1), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsecs. (a)(2), (b), (e)(1), (2), and (f), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables. § 13542. Cost sharing (a) Research and development Except as otherwise provided in this Act, for research and development programs carried out under this Act, the Secretary shall require a commitment from non-Federal sources of at least 20 percent of the cost of the project. The Secretary may reduce or eliminate the non-Fed- eral requirement under this subsection if the Secretary determines that the research and de- velopment is of a basic or fundamental nature. (b) Demonstration and commercial application Except as otherwise provided in this Act, the Secretary shall require at least 50 percent of the costs directly and specifically related to any demonstration or commercial application project under this Act to be provided from non- Federal sources. The Secretary may reduce the non-Federal requirement under this subsection if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project and is necessary to meet the objectives of this Act. (c) Calculation of amount In calculating the amount of the non-Federal commitment under paragraph (1) or (2), the Sec- retary shall include cash, personnel, services, equipment, and other resources. (d) Tennessee Valley Authority Funds derived by the Tennessee Valley Au- thority from its power program may be used for all or part of any cost sharing requirements under this section, except to the extent that such funds are provided by annual appropriation Acts. (Pub. L. 102–486, title XXX, § 3002, Oct. 24, 1992, 106 Stat. 3127.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the En- ergy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. PART B—OTHER MISCELLANEOUS PROVISIONS § 13551. Repealed. Pub. L. 104–182, title III, § 301, Aug. 6, 1996, 110 Stat. 1683 Section, Pub. L. 102–486, title XXX, § 3013, Oct. 24, 1992, 106 Stat. 3128, related to geothermal heat pumps. § 13552. Use of energy futures for fuel purchases (a) Fuel study The Secretary shall conduct a study— (1) to ascertain if the use of energy futures and options contracts could provide cost-effec- tive protection for Government entities (in- cluding Government purchases for military purposes and for the Strategic Petroleum Re- serve) and consumer cooperatives (or any or- ganization whose purpose is to purchase fuel in bulk) from unanticipated surges in the price of fuel; and (2) to ascertain how such Government enti- ties or consumer cooperatives may be edu- cated in the prudent use of energy futures and options contracts to maximize their pur- chasing effectiveness, protect themselves against unanticipated surges in the price of fuel, and minimize fuel costs. (b) Pilot program The Secretary shall conduct a pilot program, commencing not later than 30 days after the transmission of the study required in subsection (b),1 to educate such governmental entities, con- sumer cooperatives, or other organizations on the prudent and cost-effective use of energy fu- tures and options contracts to increase their protection against unanticipated surges in the price of fuel and thereby increase the efficiency of their fuel purchase or assistance programs. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 102–486, title XXX, § 3014, Oct. 24, 1992, 106 Stat. 3128; Pub. L. 105–362, title IV, § 401(f), Nov. 10, 1998, 112 Stat. 3282.) Editorial Notes REFERENCES IN TEXT Subsection (b), referred to in subsec. (b), was repealed and subsec. (c) of this section was redesignated (b) by Pub. L. 105–362, title IV, § 401(f), Nov. 10, 1998, 112 Stat. 3282. See 1998 Amendment note below. AMENDMENTS 1998—Subsecs. (b) to (d). Pub. L. 105–362 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and