42 U.S.C. § 5914 — Omitted

Page 6639 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5915 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. § 5914. Omitted Editorial 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 de- tailing the activities carried out pursuant to this chap- ter during the preceding fiscal year, a detailed descrip- tion of the comprehensive plan for nuclear and non- nuclear energy research, development, and demonstra- tion then in effect under section 5905(a) of this title, a detailed description of the comprehensive nonnuclear research, development, and demonstration program then in effect under section 5905(b) of this title, 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 insofar as is concerned ac- tivities, 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, Money and Finance. See, also, the 20th item on page 86 of House Document No. 103–7. § 5915. Authorization of appropriations 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. (Pub. L. 93–577, § 16, Dec. 31, 1974, 88 Stat. 1894; Pub. L. 109–58, title X, § 1009(b)(10), Aug. 8, 2005, 119 Stat. 935.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58, in section catchline, substituted ‘‘Authorization of appropriations’’ for ‘‘Appropriation authorization’’, and in text, substituted ‘‘There may be appropriated to the Secretary’’ for ‘‘(a) There may be appropriated to the Administrator’’ and struck out sub- secs. (b) and (c), which related to amounts to be made available to the Council on Environmental Quality and the Water Resources Council and amounts which might be appropriated for demonstration projects. Statutory Notes and Related Subsidiaries ALTERNATIVE FUELS PRODUCTION; ENERGY SECURITY RESERVE FUND Pub. L. 96–126, title II, § 201, Nov. 27, 1979, 93 Stat. 970, as amended by Pub. L. 99–190, § 101(d) [title II, § 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 depend- ence on foreign supplies of energy resources by estab- lishing such domestic production at maximum levels at the earliest time practicable, there is hereby estab- lished 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 avail- able 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 En- ergy Research and Development Act of 1974, as amend- ed (42 U.S.C. 5901, et seq.), to remain available until ex- pended, for the purchase or production by way of pur- chase commitments or price guarantees of alternative fuels: Provided further, That the Secretary shall imme- diately begin the contract process for purchases of, or commitments to purchase, or to resell alternative fuels to the extent of appropriations provided herein: Pro- vided further, That of these funds an additional $708,000,000 shall be available immediately to the Sec- retary of Energy, to remain available until expended, to support preliminary alternative fuels commer- cialization activities under the Federal Nonnuclear En- ergy Research and Development Act of 1974, as amend- ed, of which (1) not to exceed $100,000,000 shall be avail- able 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 pro- posals 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 com- mercial scale development of alternative fuel facilities; (3) not to exceed $500,000,000 shall be available for a re- serve to cover any defaults from loan guarantees issued to finance the construction of alternative fuels produc- tion 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 appropria- tion shall not exceed the aggregate of $1,500,000,000; and (4) not to exceed $8,000,000 shall be available for pro- gram 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 [section 5906(c) and former section 5919 of this title] with respect to any purchase commitment, price guarantee, or loan guar- antee for which funds appropriated hereby are utilized or obligated. ‘‘For the purposes of this appropriation the term ‘al- ternative fuels’, means gaseous, liquid, or solid fuels and chemical feedstocks derived from coal, shale, tar sands, lignite, peat, biomass, solid waste, unconven- tional natural gas, and other minerals or organic mate- rials 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 dis- cretion shall issue a solicitation for applications which shall include criteria for project development feasi- bility 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 [former section 5919(b)(1) of this title] requiring the prior demonstra- tion of a modular facility. ‘‘In any case in which the Government, under the pro- visions 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, prop- erty, or assets derived by the Secretary from oper- ations under this appropriation shall be deposited in the reserve. ‘‘All payments for obligations and appropriate ex- penses (including reimbursements to other Government