42 U.S.C. § 12001 — Finding, purpose, and general authority

Page 8232 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12001 (Pub. L. 100–690, title V, § 5146, Nov. 18, 1988, 102 Stat. 4304.) CHAPTER 125—RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY COM- PETITIVENESS Sec. 12001. Finding, purpose, and general authority. 12002. Definitions. 12003. National goals and multi-year funding for Federal alcohol from biomass and other technology programs. 12004. Energy efficiency authorizations. 12005. Demonstration and commercial application projects. 12006. Reports. 12007. No antitrust immunity or defenses. § 12001. Finding, purpose, and general authority (a) Finding The Congress finds that it is in the national security and economic interest of the United States to foster greater efficiency in the use of available energy supplies and greater use of re- newable energy technologies. (b) Purpose It is the purpose of this chapter to authorize the Secretary of Energy, acting in accordance with section 13541 of this title, to pursue an ag- gressive national program of research, develop- ment, demonstration, and commercial applica- tion of renewable energy and energy efficiency technologies in order to ensure a stable and se- cure future energy supply by— (1) achieving as soon as practicable cost competitive use of those technologies without need of Federal financial incentives; (2) establishing long-term Federal research goals and multiyear funding levels; (3) directing the Secretary to undertake ini- tiatives to improve the ability of the private sector to commercialize in the near term re- newable energy and energy efficiency tech- nologies; and (4) fostering collaborative efforts involving the private sector through government sup- port of a program of demonstration and com- mercial application projects. (c) General authority The Secretary, acting in accordance with sec- tion 13541 of this title, is authorized and directed to— (1) pursue a program of research, develop- ment, demonstration, and commercial applica- tion with the private sector, to achieve the purpose of this chapter, including the goals es- tablished under section 12003 of this title; and (2) undertake demonstration and commer- cial application projects as provided in section 12005 of this title. (Pub. L. 101–218, § 2, Dec. 11, 1989, 103 Stat. 1859; Pub. L. 102–486, title XII, § 1202(d)(1)–(3), Oct. 24, 1992, 106 Stat. 2959, 2960.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c)(1), was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. AMENDMENTS 1992—Subsec. (b). Pub. L. 102–486, § 1202(d)(1), sub- stituted ‘‘section 13541 of this title’’ for ‘‘authority con- tained in the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901–5920) and other law applicable to the Secretary’’ and ‘‘demonstration, and commercial application’’ for ‘‘and demonstration’’. Subsec. (b)(4). Pub. L. 102–486, § 1202(d)(2), substituted ‘‘efforts’’ for ‘‘research and development efforts’’ and ‘‘demonstration and commercial application projects’’ for ‘‘joint ventures’’. Subsec. (c). Pub. L. 102–486, § 1202(d)(3), substituted ‘‘section 13541 of this title, is authorized and directed to—’’ and pars. (1) and (2) for ‘‘the authority contained in the Federal Nonnuclear Energy Research and Devel- opment Act of 1974 (42 U.S.C. 5901–5920) and other law applicable to the Secretary— ‘‘(1) is authorized and directed to— ‘‘(A) pursue a program of research, development, and demonstration, including the use of joint ven- tures with the private sector, to achieve the pur- pose of this chapter, including the goals established under section 12003 of this title; and ‘‘(B) undertake joint ventures as provided in sec- tion 12005 of this title; and ‘‘(2) is authorized to undertake, from time to time, joint ventures in technology areas other than those set forth in section 12005(c) of this title, subject to the conditions set forth in section 12005(b) of this title.’’ Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–218, § 1, Dec. 11, 1989, 103 Stat. 1859, pro- vided: ‘‘That this Act [enacting this chapter and amending sections 6276 and 8243 of this title, section 2857 of Title 10, Armed Forces, and section 2194 of Title 22, Foreign Relations and Intercourse] may be referred to as the ‘Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989’.’’ § 12002. Definitions As used in this chapter— (1) the term ‘‘invention’’ means an invention or discovery that is patented or for which a patent may be obtained under title 35, or any novel variety of plant that is protected or for which plant variety protection may be ob- tained under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) and that is conceived or reduced to practice as a result of work under an agreement entered into under this chapter; (2) the term ‘‘non-Federal person’’ means an entity located in the United States, the con- trolling interest (as defined by the Secretary) of which is held by persons of the United States, including— (A) a for-profit business; (B) a private foundation; (C) a nonprofit organization such as a uni- versity; (D) a trade or professional society; and (E) a unit of State or local government; (3) the term ‘‘Secretary’’ means the Sec- retary of Energy; (4) the term ‘‘small business’’, with respect to a participant in any demonstration and commercial application project under this chapter, means a private firm that does not exceed the numerical size standard promul-