dreamproit/uscode huggingface dataset:
42 U.S.C. § 13506 (THE PUBLIC HEALTH AND WELFARE)
§ 13506. Definitions
For purposes of this subchapter—
(1) the term “advanced manufacturing technology” means processes, equipment, techniques, practices, and capabilities that are applied for the purpose of—
(A) improving the productivity, quality, or energy efficiency of the design, development, testing, or manufacture of a product; or
(B) expanding the technical capability to design, develop, test, or manufacture a product that is fundamentally different in character from existing products and that will result in improved energy efficiency;
(2) the term “advanced materials” means materials that are processed, synthesized, fabricated, and manufactured to develop high performance properties that exceed the corresponding properties of conventional materials for structural, electronic, magnetic, or photonic applications, or for joining, welding, bonding, or packaging components into complex assemblies, including—
(A) advanced monolithic materials such as metals, ceramics, and polymers;
(B) advanced composite materials such as metal matrix (including intermetallics), polymer matrix, ceramic matrix, continuous fiber ceramic composite, and carbon matrix composites; and
(C) advanced electronic, magnetic, and photonic materials, including superconducting, semiconductor, electrooptic, magnetooptic, thin-film, and special purpose coating materials used in technologies for energy efficiency, renewable energy, or electric power applications; and
(3) the term “United States” means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and any other territory or possession of the United States.
(Pub. L. 102–486, title XXII, § 2206, Oct. 24, 1992, 106 Stat. 3091.)
42 U.S.C. § 13521 (THE PUBLIC HEALTH AND WELFARE)
§ 13521. Policy on major construction projects
(a) Report and management plan
The Secretary shall submit to the Congress a report and management plan for any major construction project involving $100,000,000 or more, prior to the expenditure of those funds.
(b) Congressional review
Expenditure of funds for a project described in subsection (a) of this section may be made after a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than 3 calendar days prior to a day certain) has passed after receipt of the report and management plan by Congress.
(Pub. L. 102–486, title XXIII, § 2301, Oct. 24, 1992, 106 Stat. 3092.)
42 U.S.C. § 13522 (THE PUBLIC HEALTH AND WELFARE)
§ 13522. Energy Research, Development, Demonstration, and Commercial Application Advisory Board
(a) Establishment
The Secretary shall establish an Energy Research, Development, Demonstration, and Commercial Application Advisory Board (hereafter in this section referred to as the “Advisory Board”).
(b) Responsibilities
The Advisory Board shall provide impartial technical advice to the Secretary to assist in the development of energy research, development, demonstration, and commercial application plans and reports under sections 5905 and 5914 1 of this title, under section 7321 of this title, and as otherwise provided in subchapters VIII through XI of this chapter. The Advisory Board shall also periodically review such plans and reports and their implementation in relation to the goals stated in section 13401 of this title, and report the results of such review to the Secretary and the Congress. Such report shall be included as part of the report required under section 5914 1 of this title.
(c) Use of existing advisory board
The Secretary may use an existing advisory board to carry out the responsibilities described in subsection (b) of this section.
(Pub. L. 102–486, title XXIII, § 2302, Oct. 24, 1992, 106 Stat. 3092.)
heading: References in Text
text: Subchapters VIII through XI of this chapter, referred to in subsec. (b), was in the original “titles XX through XXIII of this Act”, meaning titles XX through XXIII of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 3057–3092, which enacted subchapters VIII through XI of this chapter and amended sections 5103, 5107, 5108, 5110, 5307, 5905, 12003, 12004, and 12006 of this title.
Section 5914 of this title, referred to in subsec. (b), was omitted from the Code.
heading: Termination of Advisory Boards
text: Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
42 U.S.C. § 13523 (THE PUBLIC HEALTH AND WELFARE)
§ 13523. Management plan
(a) Plan preparation
The Secretary, in consultation with the Advisory Board established under section 13522 of this title, shall prepare a management plan for the conduct of research, development, demonstration, and commercial application of energy technologies that is consistent with the goals stated in section 13401 of this title.
(b) Contents of plan
The management plan under subsection (a) of this section shall provide for—
(1) investigation of promising energy and energy efficiency resource technologies that have been identified as potentially significant future contributors to national energy security;
(2) development of energy and energy efficiency resource technologies that have the potential to reduce energy supply vulnerability, and to minimize adverse impacts on the environment, the global climate, and the economy; and
(3) creation of opportunities for export of energy and energy efficiency resource technologies from the United States that can enhance the Nation’s competitiveness.
(c) Energy technology inventory and status report
As part of the management plan, the Secretary, with the advice of the Advisory Board established under section 13522 of this title, shall develop an inventory and status report of technologies to enhance energy supply and to improve the efficiency of energy end uses. The inventory and status report shall include fossil, renewable, nuclear, and energy conservation technologies which have not yet achieved the status of fully reliable and cost-competitive commercial availability, but which the Secretary projects may become available with additional research, development, and demonstration. The inventory and status report shall provide, for each technology—
(1) an assessment of its—
(A) degree of technological maturity; and
(B) principal research, development, and demonstration issues, including—
(i) the barriers posed by capital, operating, and maintenance costs;
(ii) technical performance; and
(iii) potential environmental impacts;
(2) the projected time frame for commercial availability, specifying at a minimum whether the technology will be commercially available in the near-term, mid-term, or long-term, whether there are too many uncertainties to project availability, or whether it is unlikely that the technology will ever be commercial; and
(3) a projection of the future cost-competitiveness of the technology in comparison with alternative technologies to provide the same energy service.
(d) Public comment
The Secretary shall publish the proposed management plan for a written public comment period of at least 90 days. The Secretary shall consider such comments and include a summary thereof in the management plan.
(e) Plan submission
Within one year after October 24, 1992, the Secretary shall submit the first management plan under this section to Congress. Thereafter, the Secretary shall submit a revised management plan biennially, at the time of submittal of the President’s annual budget submission to the Congress.
(Pub. L. 102–486, title XXIII, § 2304, Oct. 24, 1992, 106 Stat. 3093.)
42 U.S.C. § 13524 (THE PUBLIC HEALTH AND WELFARE)
§ 13524. Costs related to decommissioning and storage and disposal of nuclear waste
(a) Award of contracts
(1) Prime contractors
In awarding contracts to perform nuclear hot cell services, the Secretary, in evaluating bids for such contracts, shall exclude from consideration costs related to the decommissioning of nuclear facilities or the storage and disposal of nuclear waste, if—
(A) one or more of the parties bidding to perform such services is a United States company that is subject to such costs; and
(B) one or more of the parties bidding to perform such services is a foreign company that is not subject to comparable costs.
(2) Subcontractors
Any person awarded a contract subject to the restrictions described in paragraph (1) who subcontracts with a person to perform the services described in such paragraph shall be subject to the same restrictions in evaluating bids among potential subcontractors, as the Secretary was subject to in evaluating bids among prime contractors.
(b) Issuance of regulations
The Secretary shall issue regulations not later than 90 days after October 24, 1992, to carry out the requirements of subsection (a) of this section.
(c) Definitions
As used in this section—
(1) the term “costs related to decommissioning of nuclear facilities” means any cost associated with the compliance with regulatory requirements governing the decommissioning of nuclear facilities licensed by the Nuclear Regulatory Commission;
(2) the term “costs related to storage and disposal of nuclear waste” means any costs, whether required by regulation or incurred as a matter of prudent business practice, associated with the storage or disposal of nuclear waste;
(3) the term “nuclear hot cell services” means services related to the examination of, or performance of various operations on, nuclear fuel rods, control assemblies, or other components that are emitting large quantities of ionizing radiation; and
(4) the term “nuclear waste” means any radioactive waste material subject to regulation by the Nuclear Regulatory Commission or the Department of Energy.
(Pub. L. 102–486, title XXIII, § 2305, Oct. 24, 1992, 106 Stat. 3094.)
42 U.S.C. § 13525 (THE PUBLIC HEALTH AND WELFARE)
§ 13525. Limits on participation by companies
A company shall be eligible to receive financial assistance under subchapters VIII through XI of this chapter only if—
(1) the Secretary finds that the company’s participation in any program under such subchapters would be in the economic interest of the United States, as evidenced by investments in the United States in research, development, and manufacturing (including, for example, the manufacture of major components or subassemblies in the United States); significant contributions to employment in the United States; an agreement with respect to any technology arising from assistance provided under this section to promote the manufacture within the United States of products resulting from that technology (taking into account the goals of promoting the competitiveness of United States industry), and to procure parts and materials from competitive suppliers; and
(2) either—
(A) the company is a United States-owned company; or
(B) the Secretary finds that the company is incorporated in the United States and has a parent company which is incorporated in a country which affords to United States-owned companies opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those authorized under this Act; affords to United States-owned companies local investment opportunities comparable to those afforded to any other company; and affords adequate and effective protection for the intellectual property rights of United States-owned companies.
(Pub. L. 102–486, title XXIII, § 2306, Oct. 24, 1992, 106 Stat. 3095.)
heading: References in Text
text: Subchapters VIII through XI of this chapter, referred to in text, was in the original “titles XX through XXIII of this Act”, meaning titles XX through XXIII of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 3057–3092, which enacted subchapters VIII through XI of this chapter and amended sections 5103, 5107, 5108, 5110, 5307, 5905, 12003, 12004, and 12006 of this title.
This Act, referred to in par. (2)(B), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables.
42 U.S.C. § 13526 (THE PUBLIC HEALTH AND WELFARE)
§ 13526. Uncosted obligations
(a) Report
Along with the submission of each of the President’s annual budget requests to Congress, the Secretary shall submit to Congress a report which—
(1) identifies the amount of Department of Energy funds that were, as of the end of the previous fiscal year—
(A) committed uncosted obligations; and
(B) uncommitted uncosted obligations;
(2) specifically describes the purposes for which all such funds are intended; and
(3) explains the effect that information contained in the report has had on the annual budget request for the Department of Energy being simultaneously submitted.
(b) Definitions
Within 90 days after October 24, 1992, the Secretary shall submit a report to the Congress containing definitions of the terms “uncosted obligation”, “committed uncosted obligation”, and “uncommitted uncosted obligation” for purposes of reports to be submitted under subsection (a) of this section.
(Pub. L. 102–486, title XXIII, § 2307, Oct. 24, 1992, 106 Stat. 3096.)
42 U.S.C. § 13542 (THE PUBLIC HEALTH AND WELFARE)
§ 13542. Cost sharing
(a) Research and development
Except as otherwise provided in this Act, for research and development programs carried out under this Act, the Secretary shall require a commitment from non-Federal sources of at least 20 percent of the cost of the project. The Secretary may reduce or eliminate the non-Federal requirement under this subsection if the Secretary determines that the research and development is of a basic or fundamental nature.
(b) Demonstration and commercial application
Except as otherwise provided in this Act, the Secretary shall require at least 50 percent of the costs directly and specifically related to any demonstration or commercial application project under this Act to be provided from non-Federal sources. The Secretary may reduce the non-Federal requirement under this subsection if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project and is necessary to meet the objectives of this Act.
(c) Calculation of amount
In calculating the amount of the non-Federal commitment under paragraph (1) or (2), the Secretary shall include cash, personnel, services, equipment, and other resources.
(d) Tennessee Valley Authority
Funds derived by the Tennessee Valley Authority from its power program may be used for all or part of any cost sharing requirements under this section, except to the extent that such funds are provided by annual appropriation Acts.
(Pub. L. 102–486, title XXX, § 3002, Oct. 24, 1992, 106 Stat. 3127.)
heading: References in Text
text: This Act, referred to in subsecs. (a) and (b), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables.
42 U.S.C. § 13551 (THE PUBLIC HEALTH AND WELFARE)
§ 13551. Repealed. Pub. L. 104–182, title III, § 301, Aug. 6, 1996, 110 Stat. 1683
text: Section, Pub. L. 102–486, title XXX, § 3013, Oct. 24, 1992, 106 Stat. 3128, related to geothermal heat pumps.
42 U.S.C. § 13552 (THE PUBLIC HEALTH AND WELFARE)
§ 13552. Use of energy futures for fuel purchases
(a) Fuel study
The Secretary shall conduct a study—
(1) to ascertain if the use of energy futures and options contracts could provide cost-effective protection for Government entities (including Government purchases for military purposes and for the Strategic Petroleum Reserve) and consumer cooperatives (or any organization whose purpose is to purchase fuel in bulk) from unanticipated surges in the price of fuel; and
(2) to ascertain how such Government entities or consumer cooperatives may be educated in the prudent use of energy futures and options contracts to maximize their purchasing effectiveness, protect themselves against unanticipated surges in the price of fuel, and minimize fuel costs.
(b) Pilot program
The Secretary shall conduct a pilot program, commencing not later than 30 days after the transmission of the study required in subsection (b) 1 of this section, to educate such governmental entities, consumer cooperatives, or other organizations on the prudent and cost-effective use of energy futures and options contracts to increase their protection against unanticipated surges in the price of fuel and thereby increase the efficiency of their fuel purchase or assistance programs.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(Pub. L. 102–486, title XXX, § 3014, Oct. 24, 1992, 106 Stat. 3128; Pub. L. 105–362, title IV, § 401(f), Nov. 10, 1998, 112 Stat. 3282.)
heading: References in Text
text: Subsection (b) of this section, referred to in subsec. (b), was repealed and subsec. (c) of this section was redesignated (b) by Pub. L. 105–362, title IV, § 401(f), Nov. 10, 1998, 112 Stat. 3282. See 1998 Amendment note below.
heading: Amendments
text: 1998—Subsecs. (b) to (d). Pub. L. 105–362 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out heading and text of former subsec. (b). Text read as follows: “The Secretary, no later than 12 months after October 24, 1992, shall transmit the study required in this section to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.”
42 U.S.C. § 13553 (THE PUBLIC HEALTH AND WELFARE)
§ 13553. Energy subsidy study
(a) In general
The Secretary shall contract with the National Academy of Sciences to conduct a study of energy subsidies that—
(1) are in effect on October 24, 1992; or
(2) have been in effect prior to October 24, 1992.
(b) Report to Congress
Not later than 18 months after October 24, 1992, the Secretary shall transmit to the Congress,1 the results of such study to be accompanied by recommendations for legislation, if any.
(c) Contents
(1) In general
The study shall identify and quantify the direct and indirect subsidies and other legal and institutional factors that influence decisions in the marketplace concerning fuels and energy technologies.
(2) Topics for examination
The study shall examine—
(A) fuel and technology choices that are—
(i) available on October 24, 1992; or
(ii) reasonably foreseeable on October 24, 1992;
(B) production subsidies for the extraction of raw materials;
(C) subsidies encouraging investment in large capital projects;
(D) indemnification;
(E) fuel cycle subsidies, including waste disposal;
(F) government research and development support; and
(G) other relevant incentives and disincentives.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section $500,000 for each of the fiscal years 1993 and 1994.
(Pub. L. 102–486, title XXX, § 3015, Oct. 24, 1992, 106 Stat. 3129.)
42 U.S.C. § 13554 (THE PUBLIC HEALTH AND WELFARE)
§ 13554. Tar sands
(a) Policy
It is the policy of the United States to promote the development and production, by all means consistent with sound engineering, economic, and environmental practices, of deposits of tar sands.
(b) “Tar sands” defined
(1) For purposes of this section, the term “tar sands” means any consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either—
(A) contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than 10,000 centipoise; or
(B) contains a hydrocarbonaceous material and is produced by mining or quarrying.
(2) Nothing in this section is intended or shall be construed to affect in any way the definition of the term tar sands under any other provision of Federal law.
(c) Study
The Secretary, in consultation with the Secretary of the Interior, shall submit a study to the House of Representatives and the Committee on Energy and Natural Resources of the Senate within one year after October 24, 1992. Such study shall identify and evaluate the development potential of sources of tar sands in the United States. The study shall also identify and evaluate processes for extracting oil from the identified tar sand sources, including existing tar sands waste tailings, and evaluate the environmental benefits of, and the potential for co-production of minerals and metals from, such processes.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993 and 1994 to carry out this section.
(Pub. L. 102–486, title XXX, § 3016, Oct. 24, 1992, 106 Stat. 3129.)
42 U.S.C. § 13556 (THE PUBLIC HEALTH AND WELFARE)
§ 13556. Disadvantaged business enterprises
(a) General rule
To the extent practicable, the head of each agency shall provide that the obligation of not less than 10 percent of the total combined amounts obligated for contracts and subcontracts by each agency under this Act and amendments made by this Act pursuant to competitive procedures within the meaning of either division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, or chapter 137 of title 10, shall be expended either with—
(1) small business concerns controlled by socially and economically disadvantaged individuals or women;
(2) historically Black colleges and universities;
(3) colleges and universities having a student body in which more than 20 percent of the students are Hispanic Americans or Native Americans; or
(4) qualified HUBZone small business concerns.
(b) Definitions
For purposes of this section, the following definitions shall apply:
(1) The term “small business concern” has the meaning such term has under section 632 of title 15. However, for purposes of contracts and subcontracts requiring engineering services the applicable size standard shall be that established for military and aerospace equipment and military weapons.
(2) The term “socially and economically disadvantaged individuals” has the meaning such term has under section 637(d) of title 15 and relevant subcontracting regulations promulgated pursuant thereto.
(3) The term “qualified HUBZone small business concern” has the meaning given that term in section 632(p) of title 15.
(Pub. L. 102–486, title XXX, § 3021, Oct. 24, 1992, 106 Stat. 3133; Pub. L. 105–135, title VI, § 604(g), Dec. 2, 1997, 111 Stat. 2634.)
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables.
heading: Codification
text: In subsec. (a), “division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
heading: Amendments
text: 1997—Subsec. (a)(4). Pub. L. 105–135, § 604(g)(1), added par. (4).
Subsec. (b)(3). Pub. L. 105–135, § 604(g)(2), added par. (3).
heading: Effective Date of 1997 Amendment
text: Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade.