42 U.S.C. § 5903 — Duties and authorities of the Secretary

Page 6625 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5903 1 See References in Text note below. (d) In undertaking such program, full advan- tage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector. (e) The Nation’s future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabili- ties, and to accord the proper priority to devel- oping new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment. (Pub. L. 93–577, § 2, Dec. 31, 1974, 88 Stat. 1879.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 93–577, § 1(a), as added Pub. L. 109–58, title X, § 1009(b)(1), Aug. 8, 2005, 119 Stat. 934, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Federal Nonnuclear Energy Research and Development Act of 1974’.’’ DEFINITIONS Pub. L. 93–577, § 1(b), as added Pub. L. 109–58, title X, § 1009(b)(1), Aug. 8, 2005, 119 Stat. 934, provided that: ‘‘In this Act [enacting this chapter]: ‘‘(1) The term ‘Department’ means the Department of Energy. ‘‘(2) The term ‘Secretary’ means the Secretary of Energy.’’ § 5902. Congressional declaration of policy and purpose; implementation and administration of program by Secretary of Energy (a) It is the policy of the Congress to develop on an urgent basis the technological capabilities to support the broadest range of energy policy options through conservation and use of domes- tic resources by socially and environmentally acceptable means. (b)(1) The Congress declares the purpose of this chapter to be to establish and vigorously conduct a comprehensive, national program of basic and applied research and development, in- cluding but not limited to demonstrations of practical applications, of all potentially bene- ficial energy sources and utilization tech- nologies, within the Department. (2) In carrying out this program, the Secretary shall be governed by the terms of this chapter and other applicable provisions of law with re- spect to all nonnuclear aspects of the research, development, and demonstration program; and the policies and provisions of the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], and other pro- visions of law shall continue to apply to the nu- clear research, development, and demonstration program. (3) In implementing and conducting the re- search, development, and demonstration pro- grams pursuant to this chapter, the Secretary shall incorporate programs in specific non- nuclear technologies previously enacted into law, including those established by the Solar Heating and Cooling Demonstration Act of 1974 (Public Law 93–409) [42 U.S.C. 5501 et seq.], the Geothermal Energy Research, Development, and Demonstration Act of 1974 (Public Law 93–410),1 and the Solar Energy Research, Development, and Demonstration Act of 1974 (Public Law 93–473).1 (Pub. L. 93–577, § 3, Dec. 31, 1974, 88 Stat. 1879; Pub. L. 109–58, title X, § 1009(b)(2), Aug. 8, 2005, 119 Stat. 934.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (b)(2), 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 Solar Heating and Cooling Demonstration Act of 1974, referred to in subsec. (b)(3), is Pub. L. 93–409, Sept. 3, 1974, 88 Stat. 1069, which is classified generally to subchapter I (§ 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 (Public Law 93–410), referred to in subsec. (b)(3), was classified generally to chapter 24 (§ 1101 et seq.) of Title 30, Mineral Lands and Mining, prior to repeal by Pub. L. 116–260, div. Z, title III, § 3002(i)(3), Dec. 27, 2020, 134 Stat. 2495. The Solar Energy Research, Development, and Dem- onstration Act of 1974 (Public Law 93–473), referred to in subsec. (b)(3), was classified generally to subchapter II (§ 5551 et seq.) of chapter 71 of this title, prior to re- peal by Pub. L. 116–260, div. Z, title III, § 3006(e)(1), Dec. 27, 2020, 134 Stat. 2513. AMENDMENTS 2005—Subsec. (b)(1). Pub. L. 109–58, § 1009(b)(2)(A), sub- stituted ‘‘Department’’ for ‘‘Energy Research and De- velopment Administration’’. Subsec. (b)(2). Pub. L. 109–58, § 1009(b)(2)(B), sub- stituted ‘‘Secretary’’ for ‘‘Administrator of the Energy Research and Development Administration (hereinafter in this chapter referred to as the ‘Administrator’)’’. Subsec. (b)(3). Pub. L. 109–58, § 1009(b)(2)(C), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ and inserted ‘‘Demonstration’’ after ‘‘Cooling’’. § 5903. Duties and authorities of the Secretary The Secretary shall— (a) review the current status of nonnuclear energy resources and current nonnuclear en- ergy research and development activities, in- cluding research and development being con- ducted by Federal and non-Federal entities; (b) formulate and carry out a comprehensive Federal nonnuclear energy research, develop- ment, and demonstration program which will expeditiously advance the policies established by this chapter and other relevant legislation establishing programs in specific energy tech- nologies; (c) utilize the funds authorized pursuant to this chapter to advance energy research and development by initiating and maintaining, through fund transfers, grants, or contracts, energy research, development and demonstra- tion programs or activities utilizing the facili- ties, capabilities, expertise, and experience of Federal agencies, national laboratories, uni- versities, nonprofit organizations, industrial entities, and other non-Federal entities which are appropriate to each type of research, de- velopment, and demonstration activity; Page 6626 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5903a (d) establish procedures for periodic con- sultation with representatives of science, in- dustry, environmental organizations, con- sumers, and other groups who have special ex- pertise in the areas of energy research, devel- opment, and technology; and (e) initiate programs to design, construct, and operate energy facilities of sufficient size to demonstrate the technical and economic feasibility of utilizing various forms of non- nuclear energy. (Pub. L. 93–577, § 4, Dec. 31, 1974, 88 Stat. 1880; Pub. L. 109–58, title X, § 1009(b)(3), Aug. 8, 2005, 119 Stat. 934.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 added section catchline, struck out former catchline, and substituted ‘‘Secretary’’ for ‘‘Administrator’’ in introductory provisions. Statutory Notes and Related Subsidiaries CLASSIFICATION OF RECIPIENTS OF AWARDS, CONTRACTS, OR OTHER FINANCIAL ARRANGEMENTS; REPORTING RE- QUIREMENT Pub. L. 95–39, title I, § 111, June 3, 1977, 91 Stat. 186, provided that: ‘‘(a) The Administrator [now Secretary of Energy] shall classify each recipient of any award, contract, or other financial arrangement in any nonnuclear re- search, development, or demonstration category as— ‘‘(1) a Federal agency, ‘‘(2) a non-Federal governmental entity, ‘‘(3) a profitmaking enterprise (indicating whether or not it is a small business concern), ‘‘(4) a nonprofit enterprise other than an edu- cational institution, or ‘‘(5) a nonprofit educational institution. ‘‘(b) The information required by subsection (a), along with the dollar amount of each award, contract, or other financial arrangement made, shall be included as an appendix to the annual report required by section 15(a) of the Federal Nonnuclear Energy Research and Development Act of 1974 ([former] 42 U.S.C. 5914): Pro- vided, That small purchases or contracts of less than $10,000, which are excepted from the requirements of advertising by section 252(c)(3) of [former] title 41, United States Code, shall be exempt from the reporting requirements of this section.’’ § 5903a. Nonduplication of programs, projects, and research facilities The Secretary shall coordinate nonnuclear programs of the Department of Energy with the heads of relevant Federal agencies in order to minimize unnecessary duplication of programs, projects, and research facilities. (Pub. L. 94–187, title III, § 309, Dec. 31, 1975, 89 Stat. 1074; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.) Editorial Notes CODIFICATION Section was not enacted as a part of the Federal Non- nuclear Energy Research and Development Act of 1974 which comprises this chapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary’’, meaning Secretary of Energy, sub- stituted in text for ‘‘Administrator’’, meaning Admin- istrator of Energy Research and Development Adminis- tration, and ‘‘Department of Energy’’ substituted in text for ‘‘Administration’’ pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sec- tions 7151(a), 7293, and 7297 of this title and which ter- minated Energy Research and Development Adminis- tration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Sec- retary of Energy. § 5903b. Environmental and safety research, de- velopment, and demonstration program The Secretary shall conduct an environmental and safety research, development, and dem- onstration program related to fossil fuels. (Pub. L. 94–187, title III, § 316, Dec. 31, 1975, 89 Stat. 1077; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.) Editorial Notes CODIFICATION Section was not enacted as a part of the Federal Non- nuclear Energy Research and Development Act of 1974 which comprises this chapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary’’, meaning Secretary of Energy, sub- stituted in text for ‘‘Administrator’’, meaning Admin- istrator of Energy Research and Development Adminis- tration, 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 Re- search and Development Administration and trans- ferred its functions and functions of Administrator thereof (with certain exceptions) to Secretary of En- ergy. § 5903c. Moneys received by Secretary from fossil energy activity; payment into Treasury; re- ports to House and Senate Committees All moneys received by the Secretary from any fossil energy activity shall be paid into the Treasury to the credit of miscellaneous receipts, except that on December 1 of each year the Sec- retary shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of all such receipts for the preceding fiscal year, including, but not limited to, the amount and source of such revenues and the program and subprogram activity generating such revenues. (Pub. L. 95–39, title I, § 106, June 3, 1977, 91 Stat. 184; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 103–437, § 15(c)(8), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes CODIFICATION Section was not enacted as part of the Federal Non- nuclear Energy Research and Development Act of 1974 which comprises this chapter. AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Committee on Science, Space, and Technology’’ for ‘‘Committee on Science and Technology’’.