42 U.S.C. § 5915 — Authorization of appropriations

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 Page 6640 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5915a 1 So in original. Probably should be followed by a comma. 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 avail- able 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 author- izing legislation and only to the extent provided in ad- vance 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 con- tained in the following appropriation Acts: Pub. L. 98–369, div. B, title I, § 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, § 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. § 5915a. Expiration of initial authorization to construct fossil energy demonstration plants Notwithstanding any other applicable provi- sion of law, the initial authorization in this Act or any other Act heretofore or hereafter enacted to construct, pursuant to section 5907 of this title, any fossil energy demonstration plant shall expire at the end of the three full fiscal years following the date of enactment of such authorization, unless (1) funds to construct each such plant are appropriated or otherwise pro- vided pursuant to applicable law prior thereto, or (2) such authorization period is extended by specific Act of Congress hereafter enacted. (Pub. L. 95–39, title I, § 105, June 3, 1977, 91 Stat. 184.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 95–39, June 3, 1977, 91 Stat. 180. The provisions of this Act relating to an initial authorization for construction pursuant to section 5907 of this title are not classified to the Code. CODIFICATION Section was not enacted as part of the Federal Non- nuclear Energy Research and Development Act of 1974 which comprises this chapter. § 5916. Central source of nonnuclear energy in- formation The Secretary shall promptly establish, de- velop, acquire, and maintain a central source of information on all energy resources and tech- nology in furtherance of the research, develop- ment, and demonstration mission carried out di- rectly or indirectly under this chapter. When the Secretary determines that such information is needed to carry out the purposes of this chap- ter, the Secretary may acquire proprietary and other information (a) by purchase through nego- tiation or by donation from any person, or (b) from another Federal agency. The information maintained by the Secretary shall be made available to the public, subject to the provisions of section 552 of title 5 and section 1905 of title 18, and to other Government agencies in a man- ner that will facilitate its dissemination: Pro- vided, That upon a showing satisfactory to the Secretary by any person that any information, or portion thereof, obtained under this section by the Secretary directly or indirectly from such person, would, if made public, divulge (1) trade secrets or (2) other proprietary informa- tion of such person, the Secretary shall not dis- close such information and disclosure thereof shall be punishable under section 1905 of title 18: Provided further, That the Secretary shall, upon request, provide such information to (A) any delegate of the Secretary for the purpose of car- rying out this chapter, and (B) the Attorney General, the Secretary of Agriculture, the Sec- retary of the Interior, the Federal Trade Com- mission, the Environmental Protection Agency, the Federal Energy Regulatory Commission 1 the Government Accountability Office, other Federal agencies, when necessary to carry out their duties and responsibilities under this chap- ter and other statutes, but such agencies and agency heads shall not release such information to the public. This section is not authority to withhold information from Congress or any committee of Congress upon request of the chairman or ranking minority member. (Pub. L. 93–577, § 17, as added Pub. L. 94–187, title III, § 312, Dec. 31, 1975, 89 Stat. 1075; amended Pub. L. 109–58, title X, § 1009(b)(11), Aug. 8, 2005, 119 Stat. 936.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58, § 1009(b)(11)(A)–(C), (D)(ii), (E), substituted ‘‘Secretary shall’’ for ‘‘Administrator shall’’ wherever appearing, ‘‘research, development, and demonstration’’ for ‘‘Administrator’s research, de- velopment, and demonstration’’, ‘‘Secretary deter- mines’’ for ‘‘Administrator determines’’, ‘‘the Sec- retary may acquire’’ for ‘‘he may acquire’’, ‘‘Secretary by’’ for ‘‘Administrator by’’, ‘‘Secretary directly’’ for ‘‘Administrator directly’’, ‘‘Secretary for’’ for ‘‘Admin- istrator for’’, ‘‘the Federal Energy Regulatory Commis- sion’’ for ‘‘the Federal Power Commission,’’, and ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’, struck out ‘‘the Federal Energy Adminis- tration,’’ after ‘‘the Federal Trade Commission,’’, and inserted ‘‘or ranking minority member’’ before period at end. Pub. L. 109–58, § 1009(b)(11)(D)(i), which directed the substitution of ‘‘section 1905 of title 18’’ for ‘‘section 1905 or title 18’’, could not be executed because ‘‘section 1905 or title 18’’ does not appear in text. § 5917. Repealed. Pub. L. 109–58, title X, § 1009(b)(12), Aug. 8, 2005, 119 Stat. 936 Section, Pub. L. 93–577, § 18, as added Pub. L. 94–187, title III, § 313, Dec. 31, 1975, 89 Stat. 1075; amended Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607, related to energy informa- tion. § 5918. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(5), Feb. 10, 1996, 110 Stat. 664 Section, Pub. L. 93–577, § 19, as added Pub. L. 95–39, title IV, § 401, June 3, 1977, 91 Stat. 190; amended Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607, related to organizational con- flicts.