42 U.S.C. § 5901 — Congressional statement of findings

Page 6624 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5879 Editorial Notes REFERENCES IN TEXT Section 204(b) of the Department of Energy Act 1978— Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60), referred to in text, is section 204(b) of Pub. L. 95–238, title II, Feb. 25, 1978, 92 Stat. 59, which is set out as a note under section 7256 of this title. CODIFICATION Section was not enacted as a part of the Energy Reor- ganization Act of 1974 which comprises this chapter. AMENDMENTS 1980—Pub. L. 96–470 substituted ‘‘include, in the re- port required by section 204(b) of the Department of En- ergy Act of 1978—Civilian Applications, information’’ for ‘‘by June 30, 1976, and by the end of each fiscal year thereafter, submit a report to the Committee on Science and Technology of the House of Representa- tives and the Committee on Interior and Insular Affairs of the Senate’’ and ‘‘Secretary of Energy’’ for ‘‘Admin- istrator’’ wherever appearing. § 5879. Transfer of funds The Administrator, when authorized in an ap- propriation Act, may, in any fiscal year, trans- fer funds from one appropriation to another within the Administration; except, that no ap- propriation shall be either increased or de- creased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year. (Pub. L. 93–438, title III, § 309, Oct. 11, 1974, 88 Stat. 1252.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. SUBCHAPTER IV—SEX DISCRIMINATION § 5891. Sex discrimination prohibited No person shall on the ground of sex be ex- cluded 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 et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee. (Pub. L. 93–438, title IV, § 401, Oct. 11, 1974, 88 Stat. 1254.) Editorial Notes REFERENCES IN TEXT Any subchapter of this chapter, referred to in text, was in the original ‘‘any title of this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which enacted this chapter, amended sections 5313 to 5316 of Title 5, Government Organization and Employees, repealed sec- tions 2031 and 2032 of this title, and enacted provisions set out as notes under section 5801 of this title. The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to sub- chapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. CHAPTER 74—NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT Sec. 5901. Congressional statement of findings. 5902. Congressional declaration of policy and pur- pose; implementation and administration of program by Secretary of Energy. 5903. Duties and authorities of the Secretary. 5903a. Nonduplication of programs, projects, and re- search facilities. 5903b. Environmental and safety research, develop- ment, and demonstration program. 5903c. Moneys received by Secretary from fossil en- ergy activity; payment into Treasury; re- ports to House and Senate Committees. 5903d. Clean coal technology projects; proposals, im- plementation, funding, etc. 5904. Research, development, and demonstration program governing principles. 5905. Comprehensive planning and programming. 5906. Federal assistance and participation in pro- grams. 5907. Demonstration projects. 5907a. Small grant program. 5908. Patents and inventions. 5909. Relationship to antitrust laws. 5910. Repealed. 5911. Acquisition of essential materials. 5912. Water resource assessments. 5913. Evaluation by National Institute of Stand- ards and Technology of energy-related in- ventions prior to awarding of grants by Sec- retary; promulgation of regulations. 5914. Omitted. 5915. Authorization of appropriations. 5915a. Expiration of initial authorization to con- struct fossil energy demonstration plants. 5916. Central source of nonnuclear energy informa- tion. 5917 to 5920. Repealed. § 5901. Congressional statement of findings The Congress hereby finds that— (a) The Nation is suffering from a shortage of environmentally acceptable forms of energy. (b) Compounding this energy shortage is our past and present failure to formulate a com- prehensive and aggressive research and develop- ment program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies. (c) The urgency of the Nation’s energy chal- lenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation under- take a research, development, and demonstra- tion program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next dec- ade. 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;