dreamproit/uscode huggingface dataset:
42 U.S.C. § 9202 (THE PUBLIC HEALTH AND WELFARE)
§ 9202. Definitions
For purposes of this chapter—
(1) the term “wind energy system” means a system of components which converts the kinetic energy of the wind into electricity or mechanical power, and which comprises all necessary components, including energy storage, power conditioning, control systems, and transmission systems, where appropriate, to provide electricity or mechanical power for individual, residential, agricultural, commercial, industrial, utility, or governmental use;
(2) the term “small wind energy system” means a wind energy system having a maximum rated capacity of one hundred kilowatts or less;
(3) the term “large wind energy system” means a wind energy system which is not a small wind energy system;
(4) the term “public and private entity” means any individual, corporation, partnership, firm, association, agricultural cooperative, public- or investor-owned utility, public or private institution or group, any State or local government agency, or any other domestic entity;
(5) the term “known wind resource” means a site with an estimated average annual wind velocity of at least twelve miles per hour;
(6) the term “conventional energy source” means energy produced from oil, gas, coal, and nuclear fuels; and
(7) the term “Secretary” means the Secretary of Energy.
(Pub. L. 96–345, § 3, Sept. 8, 1980, 94 Stat. 1140.)
42 U.S.C. § 9204 (THE PUBLIC HEALTH AND WELFARE)
§ 9204. Research, development, and demonstration
(a) Areas of knowledge limiting system utilization
The Secretary shall initiate research and development or accelerate existing research and development in areas in which the lack of knowledge limits the widespread utilization of wind energy systems in order to achieve the purposes of this chapter.
(b) Development of system prototypes and improvements
(1) The Secretary shall continue an aggressive program for the development of prototypes of advanced wind energy systems.
(2) As often as he deems appropriate, the Secretary shall solicit and evaluate proposals for the research and development of any new or improved technologies, which, in the Secretary’s opinion, will contribute to the development of improvements in current wind energy systems.
(c) Acquisition of economic, scientific, and technological information of system operations under various circumstances and conditions
The Secretary is authorized to enter into contracts, grants, and cooperative agreements with public and private entities for the purchase, fabrication, installation, and testing to obtain scientific, technological, and economic information from the demonstration of a variety of prototypes of advanced wind energy systems under a variety of circumstances and conditions.
(d) Other provisions inapplicable
In carrying out the responsibilities under this section, the Secretary is not subject to the requirements of section 553 of title 5 or section 7191 of this title.
(Pub. L. 96–345, § 5, Sept. 8, 1980, 94 Stat. 1141.)
42 U.S.C. § 9206 (THE PUBLIC HEALTH AND WELFARE)
§ 9206. Wind resource assessment
The Secretary shall initiate a three-year national wind resource assessment program. As part of such program, the Secretary shall—
(1) conduct activities to validate existing assessments of known wind resources;
(2) perform wind resource assessments in regions of the United States where the use of wind energy may prove feasible;
(3) initiate a general site prospecting program;
(4) establish standard wind data collection and siting techniques; and
(5) establish, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, and the Administrator of the Environmental Protection Agency, a national wind data center which shall make public information available on the known wind energy resources of various regions throughout the United States.
(Pub. L. 96–345, § 7, Sept. 8, 1980, 94 Stat. 1143.)
42 U.S.C. § 9207 (THE PUBLIC HEALTH AND WELFARE)
§ 9207. Criteria for program selection
The Secretary shall set priorities which are, as far as possible, consistent with the intent and purposes of this chapter and which are set in accordance with the following criteria:
(1) the construction, operation, and maintenance costs of wind energy systems shall be minimized;
(2) programs established under this chapter shall be conducted with the express intent of bringing wind energy system costs down to a level competitive with energy costs from conventional energy systems;
(3) priority shall be given in the conduct of programs established under this chapter to those projects in which cost-sharing funds are provided by private, industrial, agricultural, or governmental entities or utilities; and
(4) to the extent that the Secretary is limited by the availability of funds to carry out the objectives of this chapter, priority, but not exclusive emphasis, should be given in the early years of the programs to activities under sections 9204 and 9206 of this title and in the later years of the programs to activities under section 9205 of this title.
(Pub. L. 96–345, § 8, Sept. 8, 1980, 94 Stat. 1144.)
42 U.S.C. § 9208 (THE PUBLIC HEALTH AND WELFARE)
§ 9208. Administrative provisions
(a) Monitoring of performance; collection and evaluation of data
The Secretary, in coordination with such Government agencies as may be appropriate, shall—
(1) monitor the performance and operation of wind energy systems installed under this chapter; and
(2) collect and evaluate data and information on the performance and operation of wind energy systems installed under this chapter.
(b) Liaison
The Secretary shall also maintain continuing liaison with related industries and interests and with the scientific and technical community in order to assure that the benefits of programs under this chapter are and will continue to be realized to the maximum extent feasible.
(c) Availability of information
The Secretary shall assure, subject to section 552 of title 5 and section 1905 of title 18, that full and complete information with respect to any program, project, or other activity conducted under this chapter is made available to Federal, State, and local authorities, relevant segments of the economy, the scientific community, and the public so that the early, widespread, and practical use of wind energy throughout the United States is promoted to the maximum extent feasible.
(Pub. L. 96–345, § 9, Sept. 8, 1980, 94 Stat. 1144; Pub. L. 104–66, title I, § 1051(b), Dec. 21, 1995, 109 Stat. 716.)
heading: Amendments
text: 1995—Subsec. (a)(3). Pub. L. 104–66 struck out par. (3) which read as follows: “from time to time carry out such studies and investigations and take such other actions, including the submission of special reports to the Congress when appropriate, as may be necessary to assure that the programs for which the Secretary is responsible under this chapter effectively carry out the purposes of this chapter.”
42 U.S.C. § 9209 (THE PUBLIC HEALTH AND WELFARE)
§ 9209. Utilization of capabilities and facilities
The Secretary shall utilize the technological and management capabilities, equipment, and facilities of the National Aeronautics and Space Administration to the maximum extent practicable in carrying out his duties under this chapter, and shall enter into such additional agreements with the Administrator of such Administration as may be necessary for this purpose.
(Pub. L. 96–345, § 10, Sept. 8, 1980, 94 Stat. 1145.)
42 U.S.C. § 9211 (THE PUBLIC HEALTH AND WELFARE)
§ 9211. Encouragement and protection of small business
(a) Opportunities for participation in programs
In carrying out his functions under this chapter, the Secretary shall take steps to assure that small business concerns will have realistic and adequate opportunities to participate in the programs under this chapter to the maximum extent practicable.
(b) Protection of trade secrets and other proprietary information
The Secretary shall, to the maximum extent practicable, use all authority provided by law to protect trade secrets and other proprietary information submitted by small business under this chapter and to avoid the unnecessary disclosure of such information.
(c) Manufacture or sale of wind energy systems in compliance with antitrust laws; restriction against creation of noncompetitive market situations
The Secretary shall take such steps as may be necessary to assure compliance with the antitrust laws in the conduct of activities related to the manufacture or sale of wind energy systems directly or indirectly assisted under this chapter and shall implement this chapter in a manner which will protect against the creation of noncompetitive market situations in the conduct of such activities.
(Pub. L. 96–345, § 12, Sept. 8, 1980, 94 Stat. 1146.)
42 U.S.C. § 9212 (THE PUBLIC HEALTH AND WELFARE)
§ 9212. General provisions
(a) Additional projects or activities
Nothing in this chapter shall be construed as preventing the Secretary from undertaking projects or activities in addition to those specified in this chapter if such projects or activities appropriately further the purposes set forth in this subsection.1
(b) Application to States, territories and possessions
This chapter applies to each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands and the territories and possessions of the United States including the Trust Territory of the Pacific Islands.
(Pub. L. 96–345, § 13, Sept. 8, 1980, 94 Stat. 1146.)
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
42 U.S.C. § 9213 (THE PUBLIC HEALTH AND WELFARE)
§ 9213. Authorization of appropriations
(a) There is authorized to be appropriated to the Secretary to carry out this chapter (1) for the fiscal year ending September 30, 1981, the sum of $100,000,000 (of which $10,000,000 shall be available exclusively for purposes of section 9206 of this title), and (2) for each fiscal year beginning after that date, such sum as may be authorized by legislation hereafter enacted.
(b) In each of the five years of the small wind energy systems program, at least 25 per centum of the total authorization for appropriations under subsection (a) of this section shall be for small wind energy systems activities, including supporting activities.
(Pub. L. 96–345, § 14, Sept. 8, 1980, 94 Stat. 1146.)
42 U.S.C. § 9302 (THE PUBLIC HEALTH AND WELFARE)
§ 9302. Definitions
For the purposes of this chapter—
(1) “fusion” means a process whereby two light nuclei, such as deuterium and tritium, collide at high velocity, forming a compound nucleus, which subsequently separates into constituents which are different from the original colliding nuclei, and which carry away the accompanying energy release;
(2) “magnetic fusion” means the use of magnetic fields to confine a very hot, fully ionized gas of light nuclei, so that the fusion process can occur;
(3) “energy system” means a facility designed to utilize energy released in the magnetic fusion process for the generation of electricity and the production of hydrogen or other fuels;
(4) “fusion engineering device” means a magnetic fusion facility which achieves at least a burning plasma and serves to test components for engineering purposes;
(5) “demonstration plant” means a prototype energy system which is of sufficient size to provide safety, environmental reliability, availability, and ready engineering extrapolation of all components to commercial size but which system need not be economically competitive with then alternative energy sources; and
(6) “Secretary” means Secretary of Energy.
(Pub. L. 96–386, § 3, Oct. 7, 1980, 94 Stat. 1540.)
42 U.S.C. § 9303 (THE PUBLIC HEALTH AND WELFARE)
§ 9303. Program activities
(a) Development in areas where lack of knowledge limits magnetic fusion energy systems
The Secretary shall initiate activities or accelerate existing activities in research areas in which the lack of knowledge limits magnetic fusion energy systems in order to ensure the achievement of the purposes of this chapter.
(b) Research programs on plasma confinement, alternate confinement concepts, advanced fuels, and properties of materials likely to be used in construction of fusion engineering devices
(1) The Secretary shall maintain an aggressive plasma confinement research program on the current lead concept to provide a full measure of support for the design, construction, and operation of the fusion engineering devices.
(2) The Secretary shall maintain a broadly based research program on alternate confinement concepts and on advanced fuels at a sufficient level of funding to achieve optimal design of each successive magnetic fusion facility using the then best available confinement and fuel concept.
(3) The Secretary shall ensure that research on properties of materials likely to be required for the construction of fusion engineering devices is adequate to provide timely information for the design of such devices.
(c) Fusion engineering device designs
(1) The Secretary shall initiate design activities on a fusion engineering device using the best available confinement concept to ensure operation of such a device at the earliest practicable time, but not later than the year 1990.
(2) The Secretary shall develop and test the adequacy of the engineering design of components to be utilized in the fusion engineering device.
(d) Operation of demonstration plant at turn of twenty-first century
The Secretary shall initiate at the earliest practical time each activity which he deems necessary to achieve the national goal for operation of a demonstration plant at the turn of the twenty-first century.
(e) Assessment of factors in determining commercial introduction of magnetic fusion energy systems
The Secretary shall continue efforts to assess factors which will determine the commercial introduction of magnetic fusion energy systems including, but not limited to—
(1) projected costs relative to other alternative energy sources;
(2) projected growth rates in energy demand;
(3) safety-related design limitations;
(4) environmental impacts; and
(5) limitations on the availability of strategic elements, such as helium, lithium, and special metals.
(Pub. L. 96–386, § 4, Oct. 7, 1980, 94 Stat. 1540.)
42 U.S.C. § 9304 (THE PUBLIC HEALTH AND WELFARE)
§ 9304. Comprehensive program management plan; submittal to Congressional committees
(a) The Secretary shall prepare a comprehensive program management plan for the conduct of the research, development, and demonstration activities under this chapter. Such plan shall include at a minimum—
(1) a presentation of the program strategy which will be used to achieve the purposes of this chapter;
(2) a five-year program implementation schedule, including identification of detailed milestone goals, with associated budget and program resources requirements;
(3) risk assessments;
(4) supporting research and development needed to solve problems which may inhibit or limit development of magnetic fusion energy systems; and
(5) an analysis of institutional, environmental, and economic considerations which are limiting the national magnetic fusion program.
(b) The Secretary shall transmit the comprehensive program management plan to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than January 1, 1982.
(Pub. L. 96–386, § 5, Oct. 7, 1980, 94 Stat. 1541.)
heading: Change of Name
text: Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
42 U.S.C. § 9305 (THE PUBLIC HEALTH AND WELFARE)
§ 9305. Magnetic fusion engineering center
(a) Development plan
The Secretary shall develop a plan for the creation of a national magnetic fusion engineering center for the purpose of accelerating fusion technology development via the concentration and coordination of major magnetic fusion engineering devices and associated activities at such a national center.
(b) Factors considered in formulation of development plan
In developing the plan, the Secretary shall include relevant factors including, but not limited to—
(1) means of saving cost and time through the establishment of the national center relative to the cost and schedule currently projected for the program;
(2) means of providing common facilities to be shared by many magnetic fusion concepts;
(3) assessment of the environmental and safety-related aspects of the national center;
(4) provisions for international cooperation in magnetic fusion activities at the national center;
(5) provision of access to facilities for the broader technical involvement of domestic industry and universities in the magnetic fusion energy program;
(6) siting criteria for the national center including a list of potential sites;
(7) the advisability of establishing such a center considering all factors, including the alternative means and associated costs of pursuing such technology; and
(8) changes in the management structure of the magnetic fusion program to allow more effective direction of activities related to the national center.
(c) Report to Congressional committees
The Secretary shall submit not later than July 1, 1981, a report to the House Committee on Science and Technology and the Senate Committee on Energy and Natural Resources characterizing the plan and setting forth the steps necessary for implementation of the plan, including any steps already implemented.
(Pub. L. 96–386, § 6, Oct. 7, 1980, 94 Stat. 1541.)
heading: Change of Name
text: Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
42 U.S.C. § 9306 (THE PUBLIC HEALTH AND WELFARE)
§ 9306. Repealed. Pub. L. 104–46, title V, § 509, Nov. 13, 1995, 109 Stat. 421
text: Section, Pub. L. 96–386, § 7, Oct. 7, 1980, 94 Stat. 1542, related to establishment, membership, duties, etc., of technical panel on magnetic fusion and required panel to submit to Energy Research Advisory Board on at least a triennial basis a written report of its findings and recommendations with regard to magnetic fusion program.
42 U.S.C. § 9307 (THE PUBLIC HEALTH AND WELFARE)
§ 9307. Program advisory committees
The Secretary may direct the director of each laboratory or installation at which a major magnetic fusion facility is operated for, or funded primarily by, the Federal Government to establish, for the sole purpose of providing advice to such director, a program advisory committee composed of persons with expertise in magnetic fusion from such domestic industry, universities, government laboratories, and other scientific and technical organizations as such director deems appropriate.
(Pub. L. 96–386, § 8, Oct. 7, 1980, 94 Stat. 1543.)
heading: Termination of Advisory Committees
text: Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 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. § 9308 (THE PUBLIC HEALTH AND WELFARE)
§ 9308. International cooperation; examination of impact on national magnetic fusion program; exploration of prospects for joint funding in construction of fusion engineering device; report to Congressional committees on results of examination and exploration
(a)
(1) The Secretary in consultation with the Secretary of State shall actively seek to enter into or to strengthen existing international cooperative agreements in magnetic fusion research and development activities of mutual benefit to all parties.
(2) The Secretary shall seek to achieve equitable exchange of information, data, scientific personnel, and other considerations in the conduct of cooperative efforts with technologically advanced nations.
(b)
(1) The Secretary shall examine the potential impacts on the national magnetic fusion program of United States participation in an international effort to construct fusion engineering devices.
(2) The Secretary shall explore, to the extent feasible, the prospects for joint financial participation by other nations with the United States in the construction of a fusion engineering device.
(3) Within two years of October 7, 1980, the Secretary shall transmit to the House Committee on Science and Technology and the Senate Committee on Energy and Natural Resources the results of such examinations and explorations with his recommendations for construction of a national or international fusion engineering device: Provided, however, That such examinations and explorations shall not have the effect of delaying design activities related to a national fusion engineering device.
(Pub. L. 96–386, § 9, Oct. 7, 1980, 94 Stat. 1543.)
heading: Change of Name
text: Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
42 U.S.C. § 9309 (THE PUBLIC HEALTH AND WELFARE)
§ 9309. Technical manpower requirements; report to President and Congress
(a) The Secretary shall assess the adequacy of the projected United States supply of manpower in the engineering and scientific disciplines required to achieve the purposes of this chapter taking cognizance of the other demands likely to be placed on such manpower supply.
(b) The Secretary shall within one year of October 7, 1980, submit a report to the President and to the Congress setting forth his assessment along with his recommendations regarding the need for increased support for education in such engineering and scientific disciplines.
(Pub. L. 96–386, § 10, Oct. 7, 1980, 94 Stat. 1543.)
42 U.S.C. § 9310 (THE PUBLIC HEALTH AND WELFARE)
§ 9310. Dissemination of information
(a) The Secretary shall take all necessary steps to assure that technical information relevant to the status and progress of the national magnetic fusion program is made readily available to interested persons in domestic industry and universities in the United States: Provided, however, That upon a showing to the Secretary by any person that any information or portion thereof provided to the Secretary directly or indirectly from such person would, if made public, divulge (1) trade secrets or (2) other proprietary information of such person, the Secretary shall not disclose such information and disclosure thereof shall be punishable under section 1905 of title 18.
(b) The Secretary shall maintain an aggressive program in the United States for the provision of public information and educational materials to promote widespread knowledge of magnetic fusion among educational, community, business, environmental, labor, and governmental entities and the public at large.
(Pub. L. 96–386, § 11, Oct. 7, 1980, 94 Stat. 1544.)
42 U.S.C. § 9311 (THE PUBLIC HEALTH AND WELFARE)
§ 9311. Repealed. Pub. L. 104–66, title I, § 1051(n), Dec. 21, 1995, 109 Stat. 717
text: Section, Pub. L. 96–386, § 12, Oct. 7, 1980, 94 Stat. 1544, directed Secretary of Energy to submit annual report of activities pursuant to this chapter as a separate part of the annual report submitted pursuant to section 7321 of this title.