An Act to authorize appropriations to the Energy Research and Development Administration in accordance with section 261 of the Atomic Energy Act of 1954, as amended, section 305 of the Energy Reorganization Act of 1974, and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974, and for other purposes.
PL 95-39 (S.36), enacted 06/03/1977

91 STAT. 180 
PUBLIC LAW 95-39—JUNE 3, 1977 
Public Law 95-39 
95th Congress 
An Act 
June 3, 1977 
[S. 36] 
Energy Research 
and Development 
Administration. 
Appropriation 
authorization. 
To authorize appropriations to the Energy Research and Development Admin-
istration in accordance with section 261 of the Atomic Energy Act of 1954, as 
amended, section 305 of the Energy Reorganization Act of 1974, and section 
16 of the Federal Nonnuclear Energy Research and Development Act of 1974, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Congress 
finds that the traditional energy sources of this country are being 
depleted and we must convert to other forms of energy. In addition, 
it may be necessary to undertake aggressive conservation programs to 
cut back on energy consumption and eliminate waste and reduce 
energy use. In spite of these efforts, Congress finds that domestic 
energy production in this country must approximately double by the 
end of this century, and must do so as our domestic sources of petro-
leum and natural gas decline. Therefore, it is essential that the policy 
of the Congress be established that every form of energjr be put into 
use at the earliest possible moment, consistent with existing environ-
mental laws, that new elements of energy production be placed on 
line as quickly as possible. 
AUTHORIZATION 
OF APPROPRIATIONS 
FOR FISCAL YEAR 
197 7 
SEC. 2. In accordance with section 305 of the Energy Eeorganization 
Act of 1974 (42 U.S.C. 5875), and section 16 of the Federal Non-
nuclear Energy Research and Development Act of 1974 (42 U.S.C. 
5915), there is hereby authorized to be appropriated to the Energy 
Research and Development Administration for fiscal year 1977, sub-
ject to the provisions of this Act, the following: 
(A) For nonnuclear energy research, development, and dem-
onstration of fossil, solar, geothermal, and other forms of energy 
for energy conservation, and for scientific and technical educa-
tion, $1,175,671,000. 
(B) For environmental research and safety, basic energy sci-
ences, program support, and related programs, not directly asso-
ciated with nuclear programs, $464,302,0W. 
TITLE I—NONNUCLEAR PROGRAMS 
OPERATING EXPENSES 
SEC. 101. For "Operating expenses", for the following programs, a 
sum of dollars equal to the total of the following amounts: 
Fossil Energy Development 
(1) Coal: 
(A) Coal liquefaction: 
Costs, $81,130,000. 
Changes in selected resources, —$4,300,000. 
(B) High Btu gasification (coal) : 
Costs, $59,254,000. 
Changes in selected resources,—$14,200,000. 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 181 
(C) Low Btu gasification (coal): 
r?; 
Costs, $50,000,000. 
Changes in selected resources, —$3,000,000. 
(D) Advanced power systems: 
Costs, $12,800,000. 
" 
Changes in selected resources, $9,700,000. 
(E) Direct combustion (coal)|: 
Costs, $55,116,000. 
Changes in selected resources, $2,284,000. 
(F) Advanced research and supporting technology: 
Costs, $38,500,000. 
Changes in selected resources, $1,100,000: Provided, That 
the following amounts thereof shall be for systems studies: 
Costs, $9,350,000. 
Changes in selected resources, $1,000,000. 
(G) Demonstration plants (coal) : 
Costs, $50,600,000. 
Changes in selected resources, $2,400,000. 
(H) Magnetohydrodynamics: 
Costs, $27,841,000. 
-
Changes in selected resources, $10,145,000. 
; 
(2) Petroleum and natural gas: 
(A) Natural gas and oil extraction: 
Costs, $35,269,000. 
f 
Changes in selected resources, $7,900,000. 
(B) Supporting research: 
- ' 
Costs, $1,831,000. 
- 
H 
Changes in selected resources, $0. 
(3) In situ technology: 
(A) Oil shale,: 
Costs, $12,085,000. 
Changes in selected resources, $9,000,000. 
•;'. (B) Coal gasification: 
Costs, $13,536,000. 
-v 
Changes in selected resources, $1,500,000. 
(C) Supporting research: 
Costs, $1,310,000. 
Changes in selected resources, $0. 
Solar Energy Development 
' 
(4) Solar Heating and Cooling: 
Costs, $88,000,000. 
Changes in selected resources, $26,500,000. 
(5) Other Solar Energy Programs: 
Costs, $136,100,000. 
- ' 
-"^ 
Changes in selected resources, $35,600,000; including costs of 
$3,000,000 and changes in selected resources of $1,000,000 for 
initiation of activities of the Solar Energy Research Institute 
and costs of $112,200,000 and changes in selected resources of 
$27,500,000 for solar electric applications. 
Geothermal Energy Development 
(6) Geothermal Energy: 
(A) Hydrothermal Technology Applications: 
Costs, $14,200,000. 
Changes in selected resources, $1,800,000. 
91 STAT. 182 
PUBLIC LAW 95-39—JUNE 3, 1977 
(B) Other Geothermal Energy Development: 
Costs, $46,100,000. 
Changes in selected resources, $3,600,000. 
Conservation Research and Development 
(7) Conservation Research and Development: 
(A) Electric Energy Systems: 
Costs, $22,000,000. 
Changes in selected resources, $4,000,000. 
i 
(B) Energy Storage: 
Mr 
Costs, $32,000,000. 
J: 
Changes in selected resources, $6,000,000. 
(C) Building Conservation: 
Costs, $27,600,000. 
Changes in selected resources, $4,400,000. 
(D) Industry Conservation: 
Costs, $18,000,000. 
Changes in selected resources, $4,000,000. 
(E) Transportation Energy Conservation, including $3,000,000 
for methanol and other alternate fuels: 
Costs, $31,400,000. 
Changes in selected resources, $4,600,000. 
/ 
(F) Improved Conversion Efficiency: 
. * -
Costs, $15,300,000. 
. 
"' 
Changes in selected resources, $11,700,000. 
(G) Energy Conservation Institutes and Extension Service: 
Cost, $18,000,000. 
Changes in selected resources, $7,000,000. 
(H) Small grant program for appropriate technologies: 
Costs, $7,500,000. 
Changes in selected resources, $2,500,000. 
(I) To carry out the municipal solid waste demonstration price 
guarantee program authorized by section 107 of this Act: 
Costs, $200,000. 
Changes in selected resources, $4,800,000. 
/ 
Scientific and Technical Education 
') 
(8) Scientific and technical education: 
. » 
Costs, $3,750,000. 
Changes in selected resources, $1,250,000. '-a ^
r
s .: 
^ 
**: 
PLANT AND CAPITAL EQUIPMENT 
SEC. 102. (a) For "Plant and capital equipment", including con-
struction, acquisition, or modification of facilities, including land 
acquisition; and acquisition and fabrication of capital equipment not 
related to construction, a sum of dollars equal to the total of the fol-
lowing amounts: 
(1) Fossil energy development coal. 
(A) Project 77-1-a, modifications and additions to energy 
research centers, $6,900,000. 
(B) Project 77-1-b for a high Btu pipeline gas demonstration 
plant (which is estimated to cost a total of $500,000,000, including 
the non-Federal share of such cost) is authorized. The amount 
authorized for such plant is $10,000,000. 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 183 
(C) Project 77-1-c for fuel gas low Btu demonstration plant 
(which is estimated to cost a total of $380,000,000, including the 
non-Federal share of such cost) is authorized. The amount author-
ized for such plant is $5,000,000. 
(D) Project 77-1-d, MHD component development and inte-
gration facility, $6,700,000. 
(2) Conservation research and development. 
(A) Project 77-17-a Combustion Eesearch Center, $8,500,000. 
(3) Capital equipment, not related to construction. 
(A) Fossil energy development, $1,020,000. 
(B) Conservation research and development, $12,000,000. 
(C) Solar energy development, $8,500,000, including $1,500,000 
for initiation of activities at the Solar Energy Eesearch Institute 
in the areas of modification of facilities, acquisition and fabrica-
tion of capital equipment, and design of the final installation. 
(D) Geothermal energy development, $2,350,000. 
(b) There is authorized aii additional sum of $50,000,000 for the 
clean boiler fuel demonstration plant (project 76-1-a) authorized by 
section 101 (bj (1) of the Act of December 31,1975 (89 Stat. 1065). 
(c) There is authorized an additional sum of $15,000,000 for the 
five megawatt solar thermal test facility (76-2-a) authorized by sec-
tion 101(b) (2) of the Act of December 31, 1975 (89 Stat. 1065). 
(d) Solar Energy Development: 
Project 77-18-j, $10,000,000 for the following solar Energy Develop-
ment Projects: 
(i) OTEC sea test facility, $1,000,000. 
> = 
hi) one 200 kW wind energy facility, $2,000,000. 
(iii) total solar energy plant, $2,000,000. 
(iv) 5 MW solar thermal demonstration for small community, 
$2,000,000. 
(v) biomass conversion facility, $3,000,000 (A-E and long-lead 
procurement). 
PROVISIONS RELATING ONLY TO FOSSIL ENERGY DEVELOPMENT PROGRAMS 
SEC. 103. Funds appropriated pursuant to this Act for "Operating 
expenses" for fossil energy purposes may be used for (1) any facili-
ties which may be required at locations, other than installations of 
the Administration, for the performance of research and development 
contracts, and (2) grants to any organization for purchase or con-
struction of research facilities. No such funds shall be used for the Limitation, 
acquisition of land. Fee title to all such facilities shall be vested in the 
United States, unless the Administrator determines in writing that 
the programs of research and development authorized by this Act 
shall best be implemented by vesting fee title in any entity other than 
the United States: Provided, That, before approving the vesting of Determination, 
title in such entity the Administrator shall (A) transmit such deter- transmittal to 
mination, together with all pertinent data, to the Committee on Sci-
ence and Technology of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate, and (B) wait 
a period of thirty calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than three calendar days to a day certain), unless prior to the 
expiration of such period each such committee has transmitted to the 
Administrator written notice to the effect that such committee has 
no objection to the proposed action. Each grant shall be made under 
such conditions as the Administrator deems necessary to insure that 
congressional 
committees. 
Notice. 
91 STAT. 184 
PUBLIC LAW 95-39—JUNE 3, 1977 
Report, 
transmittal to 
congressional 
committees. 
Notice. 
Report, 
transmittal to 
congressional 
committees. 
Notice. 
Demonstration 
plants, 
expiration. 
42 u s e 5915a. 
Report to 
congressional 
committees. 
42 u s e 5903c. 
the United States will receive therefrom benefits adequate to justify 
the making of the grant. No such funds shall be used under clause 
(1) of the first sentence of this section for the construction of any major 
facility the estimated cost of which, including collateral equipment, 
exceeds, $250,000 unless the Administrator shall (i) transmit a report 
on such major facility showing the nature, purpose, location, and 
estimated cost of such facility to the Committee on Science and Tech-
nology of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate, and (ii) wait a period of thirty 
calendar days (not including any day in which either House of Con-
gress is not in session because of adjournment of more than three 
calendar days to a day certain), unless prior to the expiration of such 
period each such committee has transmitted to the Administrator 
written notice to the effect that such committee has no objection to the 
proposed action. 
SEC. 104. Not to exceed 3 per centum of all funds appropriated 
pursuant to this Act of "Operating expenses" for fossil energy pur-
poses may be used by the Administrator to construct, expand, or mod-
ify laboratories and other facilities, including the acquisition of land, 
at any location under the control of the Administrator, if the Admin-
istrator determines that (1) such action would be necessary because 
of changes in the national programs authorized to be funded by this 
Act or because of new scientific or engineering developments, and (2) 
deferral of such action until the enactment of the next authorization 
Act would be inconsistent with the policies established by Congress 
for the Administration. No portion of such sums may be obligated 
for expenditure or expended for such activities, unless (A) a period 
of thirty calendar days (not including any day in which either 
House of Congress is not in session because of adjournment of more 
than three calendar days to a day certain) has passed after the 
Administrator has transmitted to the Committee on Science and 
Technology of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a written report contain-
ing a full and complete statement concerning (i) the nature of con-
struction, expansion, or modification, (ii) the cost thereof, including 
the cost of any real estate action pertaining thereto, and (iii) the 
reason why such construction, expansion, or modification is necessary 
and in the national interest, or (B) each such committee before the 
expiration of such period has transmitted to the Administrator written 
notice to the effect that such committee has no objection to the pro-
posed action: Provided, That this sentence shall not apply to projects 
to construct, expand, or modify such laboratories or facilities, the 
estimated total cost of which does not exceed $25,000. 
SEC. 105, Notwithstanding any other applicable provision of law, 
the initial authorization in this Act or any other Act heretofore or 
hereafter enacted to construct, pursuant to section 8 of the Federal 
Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5907), 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 provided pursuant to applicable law 
prior thereto, or (2) such authorization period is extended by specific 
Act of Congress hereafter enacted. 
SEC. 106. All moneys received by the Administrator from any fossil 
energy activity shall be paid into the Treasury to the credit of mis-
cellaneous receipts, except that on December 1 of each year the Admin-
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 185 
istrator shall provide to the Committee on Science and Technology of 
the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate a report of all such receipts for the 
preceding fiscal year, including, but not limited to, the amount and 
source of such revenues and the program and subprogram activity 
generating such revenues. 
GENERAL PROVISIONS RELATING TO NONNUCLEAR PROGRAMS OTHER THAN 
FOSSIL ENERGY DEVELOPMENT 
SEC. 107. The Administrator is authorized, subject to the appropria-
tion of funds pursuant to section 101(7) (I) of this Act, to establish 
and implement, under section 7(a) (4) of the Federal Nonnuclear 
Energy Research and Development Act of 1974 (42 U.S.C. 
5906(a)(4)) and in accordance with section 7(c) of such Act (42 
U.S.C. 5906(c)), a price-support program to demonstrate municipal 
solid waste reprocessing for the production of fuels and energy inten-
sive products. Prior to entering into any contract for such demonstra-
tion, the Administrator shall submit to the Committee on Science and 
Technology of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a full and complete 
report on the proposed commercial demonstration facility and the 
necessary project demonstration guarantees. Such contract shall not 
be finalized under the authority granted by this section prior to the 
expiration of ninety calendar days (not including any day on which 
either House of Congress is not in session because of an adjournment 
of more than three calendar days to a day certain) from tifie date on 
which such report is received by such committees. 
G E N E R A L PROVISIONS RELATING TO ALL NONNUCLEAR PROGRAMS 
SEC. 108. Except as otherwise provided in this Act— 
(a) no amount appropriated pursuant to this Act may be used 
r 
for any nonnuclear program in excess of the amount actually 
authorized for that particular program by this Act, 
(b) no amount appropriated pursuant to this Act may be used 
for any nonnuclear program which has not been presented to, or 
requested of. the Congress, 
unless (1) a period of thirty calendar days (not including any day in 
which either House of Congress is not in session because of adjourn-
ment of more than three calendar days to a day certain) has passed 
after the receipt by the Committee on Science and Technology of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate of notice given by the Administrator contain-
ing a full and complete statement of the action proposed to be taken 
and the facts and circumstances relied upon to support such proposed 
action, or (2) each such committee before the expiration of such period 
has transmitted to the Administrator written notice to the effect that 
such committee has no objection to the proposed action: Provided, 
That the following categories may not, as a result of reprograming, be 
decreased by more than 10 per centum of the sums appropriated pur-
suant to this Act for such categories: Coal, petroleum and natural 
gas, in situ technology, solar, geothermal, and conservation. 
SEC. 109. The Administrator shall submit to the Committee on 
Science and Technology of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a detailed 
explanation of the allocation of all of the funds appropriated pur-
42 use 5906 
note. 
Report, submittal 
to congressional 
committees. 
Notice to 
congressional 
committees. 
Limitation. 
Explanation, 
submittal to 
congressional 
committees. 
91 STAT. 186 
PUBLIC LAW 95-39—JUNE 3, 1977 
30 use 1122. 
Classification. 
42 use 5914 
note. 
Reporting 
requirement. 
Exemption. 
Small grant 
program, 
establishment. 
42 u s e 5907a. 
Limitation. 
suant to this Act for nonnuclear energy programs and subprograms, 
reflecting the relationships, consistencies, and dissimilarities between 
those allocations and (a) the comprehensive program definition trans-
mitted pursuant to section 102 of the Geothermal Energy Kesearch, 
Development, and Demonstration Act, (b) the comprehensive pro-
gram definition transmitted pursuant to section 15 of the Solar Energy 
Kesearch, Development, and Demonstration Act of 1974 (42 U.S.C. 
5564), (c) the comprehensive plan for nonnuclear energy research, 
development, and demonstration transmitted pursuant to section 6 of 
the Federal Nonnuclear Energy Research and Development Act of 
1974 (42 U.S.C. 5905). 
SEC. 110. Section 13 of the Federal Nonnuclear Energy Research 
and Developnient Act of 1974 (42 U.S.C. 5912) is amended by— 
(1) striking, in the first sentence of subsection (a), the words 
"At the request of the Administrator, the" and inserting therein 
"The"; 
(2) striking, in the first sentence of subsection (b), the words 
"prepare or have prepared an assessment of the availability of 
adequate water resources." and inserting therein the following: 
"request the Water Resources Council to prepare an assessment of 
water requirements and availability for such project."; and 
(3) adding at the end thereof a new subsection to read as 
follows: 
"(f) The Administrator shall, upon enactment of this subsection, 
be a member of the Council.". 
SEC. 111. (a) The Administrator shall classify each recipient of any 
award, contract, or other financial arrangement in any nonnuclear 
i-esearch, development, or demonstration category as— 
(1) a Federal agency, 
(2) a non-Federal governmental entity, 
(3) a profitmaking enterprise (indicating whether or not it is a 
small business concern), 
(4) a nonprofit enterprise other than an educational institution, 
or 
(5) a nonprofit educational institution. 
(b) The information required by subsection (a), along with the 
dollar amount of each award, contract, or other financial arrangement 
made, shall be included as an appendix to the annual report required 
by section 15(a) of the Federal Nonnuclear Energy Research and 
Development Act of 1974 (42 U.S.C. 5914) : Provided, That small pur-
chases or contracts of less than $10,000, which are excepted from the 
requirements of advertising by section 252(c) (3) of title 41, United 
States Code, shall be exempt from the reporting requirements of this 
section. 
SEC. 112. (a) There shall be established within the Administration 
a program for appropriate technology under the direction of the Assist-
ant Administrator for Conservation Research and Development. The 
Administator shall develop and implement a program of small grants 
for the purpose of encouraging development and demonstration proj-
ects described in subsection (c) of this section. 
(b) The aggregate amount of financial support made available to 
any participant in such program, including affiliates, under this sec-
tion shall not exceed $50,000 during any two-year period. 
(c) Funds made available under this section shall be used to provide 
for a coordinated and expanded effort for the development and demon-
stration of, and the dissemination of information with respect to, 
energy-related systems and supporting technologies appropriate to— 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 187 
(1) the needs of local communities and the enhancement of 
community self-reliance through the use of available resources; 
(2) the use of renewable resources and the conservation of non-
renewable resources; 
(3) the use of existing technologies applied to novel situations 
and uses; 
(4) applications which are energy-conserving, environmentally 
sound, small scale, durable and low cost; and 
(5) applications which demonstrate simplicity of installation, 
operation and maintenance. 
(d) (1) Grants, agreements or contracts under this section may be 
made to individuals, local nonprofit organizations and institutions, 
State and local agencies, Indian tribes and small businesses. The 
Administration shall develop simplified procedures with respect to 
application for support under this section. 
(2) Each grant, agreement or contract under this section shall be 
governed by the provisions of section 9 of the Federal Nonnuclear 
Energy Research and Development Act of 1974 and shall contain 
effective provisions under which the Administration shall receive a 
full written report of activities supported in whole or in part by funds 
made available by the Administration; and 
(3) In determining the allocation of funds among applicants for 
support under this section the Administrator may take into 
consideration: 
(A) the potential for energy savings or energy production; 
(B) the type of fuel saved or produced; 
(C) the potential impact on local or regional energy or envi-
ronmental problems; and 
(D) such other criteria as the Administrator finds necessary 
to achieve the purposes of this Act or the purposes of the Federal 
Nonnuclear Energy Research and Development Act of 1974. 
Guidelines implementing this section shall be promulgated with full 
opportunity for public comment. 
(e) The Administrator shall— 
(1) prepare and submit no later than October 1,1977, a detailed 
report on plans for implementation, including the timing of imple-
mentation, of the provisions of this section to the Committee on 
Energy and Natural Resources of the Senate and the Committee 
on Science and Technology of the House of Representatives and 
shall keep such committees fully and currently informed con-
A 
ceming the development of such plans; and 
(2) include as a part of the annual report required by section 
15(a)(1) of the Federal Nonnuclear Energy Research and 
Development Act of 1974 beginning in 1977, a full and complete 
report on the program under this section. 
SEC. 113. The Administrator, in consultation with the Administra-
tor of the Environmental Protection Agency, shall submit a report 
to the Congress, six months after enactment of this Act, on the en-
vironmental monitoring, assessment, and control efforts, relating to 
environment, safety, and health, which are required to successfully 
demonstrate any project, which is subject to sections 8 (e) and (f) 
of the Federal Nonnuclear Energy Research and Development Act of 
1974 (42 U.S.C. 5907 (e) and (f)), and is authorized by this Act or 
any prior Act. The report shall contain the extent to which monitor-
ing and control is required, the estimated costs thereof. 
Procedures. 
Report. 
42 u s e 5908. 
Criteria. 
42 u s e 5901 
note. 
Guidelines, 
public comment. 
Report to 
congressional 
committees. 
42 u s e 5914. 
Report to 
eongress. 
42 u s e 5907 
note. 
91 STAT. 188 
PUBLIC LAW 95-39—JUNE 3, 1977 
TITLE II—FOR NONNUCLEAR 
ENVIRONMENTAL 
RESEARCH 
AND 
SAFETY, 
BASIC 
ENERGY 
SCIENCES, 
PROGRAM SUPPORT, 
AND 
RELATED 
PROGRAMS 
OPERATING EXPENSES 
SEC. 201. For "Operating expenses", for the following programs, 
a sum of dollars equal to the total of the following amounts: 
(1) Biomedical and environmental research, $119,500,000, of 
which $1,000,000 shall be made available to the Water Resources 
Council to carry out the provisions of section 13 of the Federal 
^^uf.. .^^^ 
Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5912). 
(2) Operational safety, $4,500,000. 
,,..,,}! 
(3) Environmental control technology, $13,100,000. 
(4) Basic energy sciences for the following: 
,-;jt, VJ.i- 
(A) Material sciences, $45,600,000. 
(B) Molecular, mathematical, and geosciences, $46,700,000. 
(5) Program support, $205,635,000: Pro-ywfec?, That $1,250,000 
is auhorized to be appropriated pursuant to this subparagraph 
.4 •? M,i> 
(5) to reimburse the National Bureau of Standards for costs 
incurred in carrying out the provisions of section 14 of the Fed-
eral Nonnuclear Energy Research and Development Act of 1974 
. (42 U.S.C. 5913). 
(6) To carry out the provisions of section 11 of the Federal 
. Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5910), $500,000 for the Council on Environmental Quality. 
PLANT AND CAPITAL EQUIPMENT 
SEC. 202. For "Plant and capital equipment", including construc-
tion, acquisition, or modification of facilities, including land acquisi-
? , 
tion; and acquisition and fabrication of capital equipment not related 
to construction, a sum of dollars equal to the total of the following 
i< 
amounts: 
(1) Biomedical and Environmental Research: 
Project 77-6-a, modification and additions to biomedical and 
environmental research facilities, various locations, $4,200,000. 
(2) Program Support: 
Project 77-16-a, laboratory support complex, Los Alamos Scientific 
Laboratory, New Mexico, $6,000,000. 
(3) Capital Equipment, not related to construction: 
. ;,-, , '; 
: 
(A^ Biomedical and environmental research, $6,660,000. 
(B) Environmental control technology, $282,000. 
,, , ."..s? 
(C) Basic energy sciences for the following: 
' 
(i) Material sciences, $3,900,000. 
' 
(ii) Molecular, mathematical, and geosciences, $3,000,000. 
(D) Program Support, $4,725,000. 
LIMITATIONS 
SEC. 203. The Administration is authorized to start any project set 
forth in title II, subsection 202 (1) and (2) only if the currently 
estimated cost of that project does not exceed by more than 25 per 
centum the estimated cost set forth for that project. 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 189 
TITLE I I I — G E N E R A L P R O V I S I O N S 
SEC. 301. Subject to the applicable requirements and limitations of 
this Act, when so specified in appropriations Acts amounts appro-
priated for the Administration pursuant to this Act for "Operating 
expenses" or for "Plant and capital equipment" may be merged with 
any other amounts appropriated for like purposes pursuant to any 
other Act authorizing appropriations for the Administration. 
SEC. 302. When so specified in appropriation Acts, amounts appro-
priated pursuant to this Act for "Operating expenses" or for "Plant 
and capital equipment" may remain available until expended. 
SEC. 303. (a) Any Government-owned contractor operated labora-
tory, energy research center, or other laboratory performing functions 
under contract to the Administration may, with the approval of the 
Administrator, use a reasonable amount of its operating budget for the 
funding of employee-suggested research projects up to the pilot stage 
of development. It shall be a condition of any such approval that the 
director of the laboratory or center involved form an internal review 
mechanism for determining which employee-suggested projects merit 
funding in a given fiscal year; and any such project may be funded 
in one or more succeeding years if the review process indicates that it 
merits such funding. 
(b) Each director of a laboratory or center specified in subsection 
(a) of this section shall submit an annual report to the Administrator 
on projects being funded under this section; and on completion of 
each such project shall submit a report to the Technical Information 
Center of the Administration for inclusion in its data base. 
SEC. 304. The Administrator is authorized to perform construction 
design services for any Administration construction project whenever 
the Administrator determines that the project is of such urgency that 
construction of the project should be initiated promptly upon enact-
ment of legislation appropriating funds for its construction in order 
to meet the needs of national defense or protection of life and property 
or health and safety. 
SEC. 305. Any moneys received by the Administration may be 
retained and used, as provided in annual appropriations Acts for 
operating expenses (except sums received from disposal of property 
under the Atomic Energy Community Act of 1955 and the Strategic 
and Critical Materials Stockpiling Act, as amended, and fees received 
for tests or investigations under the Act of May 16, 1910, as amended 
(42 U.S.C. 2301; 50 U.S.C. 98h; 30 U.S.C. 7 ) ) , notwithstanding the 
provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), 
and may remain available until expended. Funds may be obligated for 
purposes stated in this section only to the extent provided in appro-
priations Acts. 
SEC. 306. Transfers of sums from the "Operating expenses" appro-
priation may be made to other agencies of the Government for the 
performance of the work for which the appropriation is made, and in 
such cases the sums so transferred may be merged with the appropria-
tion to which transferred. 
SEC. 307. Notwithstanding any other provision of this Act, provi-
sions of sections 304, 305, and 306 of this Act shall not be applicable to 
any fossil energy activity, program, or subprogram. 
SEC. 308. (a) Each officer or employee of the Energy Research and 
Development Administration who— 
(1) performs any functions or duty under this Act or any other 
Act amended by this Act; and 
Employee-
suggested 
research projects. 
42 use 5817a. 
Reports. 
Construction 
;n services. 
42 use 2301 
note. 
50 use 98 note. 
Funds, transfer. 
ERDA 
employees, 
annual financial 
statements, filing 
with 
Administrator. 
42 use 5816a. 
91 STAT. 190 
PUBLIC LAW 95-39—JUNE 3, 1977 
(2) has any known financial interest— 
(A) in any person engaged in the business, other than at 
the retail level, of developing, producing, refining, transport-
ing by pipeline, or converting into synthetic fuel, minerals, 
wastes, or renewable resources, o" in the generation of energy 
from such minerals, wastes, or renewable resources, or in 
conducting research, development, and demonstration with 
financial assistance under this Act or any other Act amended 
by this Act, or 
(B) in property from which minerals are commercially 
produced, 
shall, beginning on February 1, 1977, annually file with the 
Administrator a written statement concerning all such interests 
held by such officer or employee during the preceding calendar 
Availability. 
year. Such statements shall be available to the public, 
(b) The Administrator shall— 
(1) act within ninety days after the date of enactment of this 
section— 
(A) to define the term "known financial interest" for pur-
poses of paragraph (2) of subsection (a) of this section; and 
(B) to establish the methods by which the requirement to 
file written statements specified in subsection (a) of this 
^t'-.y^' 
section will be monitored and enforced, including appropriate 
provisions for the filing by such officers and employees of such 
statements and the review by the Administrator of such 
statements; and 
Report to 
(2) report to the Congress on June 1 of each calendar year 
Congress. 
with respect to such disclosures and the actions taken in regard 
thereto during the preceding calendar year. 
Exemption. 
(c) In the rules prescribed in subsection (b) of this section, the 
Administrator may identify specific positions within the Adminis-
tration which are of a nonpolicymaking nature and provide that 
officers or employees occupying such positions shall be exempt from 
the requirements of this section. 
Penalty. 
(d) Any officer or employee who is subject to, and knowingly vio-
lates, this section or any regulation issued thereunder, shall be fined 
not more than $2,500 or imprisoned not more than one year, or both. 
SEC, 309. In utilizing the funds which have been made available by 
90 Stat. 889. 
Public Law 94—355, as amended, the Administrator is hereby directed 
to observe the limitations of clauses (1) through (8) and clauses (12) 
through (14) of section 202, sections 203 through 207, and section 
208 except subsection (e) (5) of the bill H.R. 13350 (Ninety-fourth 
Congress) as set forth in the conference report thereon (House Report 
94^1718). 
-: 
J ^e:f 
TITLE IV—ORGANIZATIONAL CONFLICTS 
SEC. 401. The Federal Nonnuclear Energy Research and Develop-
ment Act of 1974 (42 U.S.C. 4901) is amended by adding a new sec-
tion to read as follows: 
42 use 5918. 
"SEC. 19. (a) The Administrator shall by regulation require any 
person proposing to enter into a contract, agreement, or other arrange-
ment, with the Energy Research and Development Administration 
whether by advertising or negotiation, or for technical consulting and 
management support services or other such similar services to provide 
,. . . 
the Administrator, prior to entering into any such contract, agree-
ment, or arrangement, with all relevant information bearing on 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 191 
whether that person has a possible conflict of interest with respect to 
(1) being able to render impartial, technically sound, or objective 
assistance or advice in light of other interests or relationships with 
other persons or (2) being given an unfair competitive advantage. 
Such person shall insure, in accordance with regulations published by 
the Administrator, compliance with this section by subcontractors of 
such person who are engaged to perform similar services. 
"(b) The Administrator shall not enter into any such contract, 
agreement, or arrangement unless he affirmatively finds after evaluat-
ing all such information and any other relevant information other-
wise available to him, either that (1) there is little or no likelihood 
that a conflict of interest would exist, or (2) that such conflict has 
been avoided after appropriate conditions have been included in such 
contract, agreement, or arrangement: Provided, That if he deter-
mines that such conflict of interest exists and that such conflict of 
interest cannot be avoided by including appropriate conditions therein, 
the Administrator may enter into such contract, agreement, or arrange-
ment, if he determines that it is in the best interests of the United 
States to do so and includes appropriate conditions in such contract, 
agreement, or arrangement to mitigate such conflict. 
" (c) The Administrator shall publish rules for the implementation 
of this section, in accordance with section 553 of title 5, United States 
Code, as soon as possible after the date of enactment of this section 
but in no event later than 180 days after such date.". 
Rules. 
TITLE V—EXERGY EXTENSION SERVICE 
SHORT TITLE 
National Energy 
Extension Service 
Act. 
SEC. 501. This title may be cited as the "National Energy Extension 42 USC 7001 
Service Act". 
note. 
FIJiTDINGS AND PURPOSES 
SEC. 502. (a) The Congress hereby declares— 
(1) that the general welfare and the common defense and 
security require a greater public knowledge of energy conserva-
tion opportunities: 
(2) that scientific identification and practical demonstration 
of specifically designed energy conservation opportunities, the 
dissemination of information relating thereto, and the prompt 
delivery and acceptance of specific energy conservation oppor-
tunities require a national effort; 
(3) that the national effort required to develop, demonstrate, 
and encourage acceptance and adoption of energy conservation 
opportunities should be coordinated at the Federal level by the 
Energy Research and Development Administration; 
(4) that a special effort must be made to develop and demon-
strate practical alternative energy technologies such as solar heat-
ing and cooling; 
(5) that successful implementation of energy conservation and 
new energy technologies will require both public awareness and 
individual capability to use the conservation opportunities and 
new technology; 
(6) that this required awareness and capability can only be 
achieved on a national basis by an active outreach effort; 
(7) that existing energy outreach programs are underfunded; 
(8) that any Federal outreach program should be organized 
42 USC 7001. 
29-194 0 -
91 STAT. 192 
PUBLIC LAW 95-39—JUNE 3, 1977 
with the States as full participants, and each State should plan 
and coordinate the outreach activities within the State, optimizing 
the use of existing outreach capabilities; 
(9) that Federal assistance should be provided for energy out-
reach activity, including coordinated energy outreach activities 
and technical support in each State for such efforts; 
(10) that the Energy Research and Development Administra-
tion should provide overall national direction and review of fed-
erally assisted State energy outreach programs. 
(b) The Congress declares that the purposes of this title are— 
(1) to establish a positive energy outreach program directed 
toward small business and individual energy consumers and the 
organizations that influence energy consumption; 
(2) to stimulate, provide for and supplement programs for the 
conduct of evaluation, planning and other technical support of 
energy conservation efforts, including energy outreach activities 
of States. 
Energy Extension 
Service. 
42 use 7002. 
Director. 
Compensation. 
Duties. 
' 
ESTABLISHMENT OF EXTENSION SERVICE 
' 
SEC. 503. (a) There is established in the Energy Research and 
Development Administration an office to be designated as the Energy 
Extension Service (hereinafter in this Act referred to as the "Serv-
ice"). The Service shall be headed by a Director who shall be 
appointed by and directly responsible to the Administrator of the 
Energy Research and Development Administration 
(hereinafter 
referred to as the "Administrator"). The Director shall be a person 
who by reason of training, experience, and attainments is exception-
ally qualified to implement the programs of the Service. There shall 
be in the Service a Deputy Director who shall be appointed by the 
Administrator, who shall have such functions, powers, and duties as 
may be prescribed from time to time by the Director, and who shall act 
for, and exercise the powers of, the Director during the absence or 
disability of, or in the event of a vacancy in the office of, the Director. 
(b) The Director shall receive basic pay at the rate provided for 
level IV of the Executive Schedule in section 5315 of title 5, United 
States Code. 
(c) The Director shall have overall responsibility for the national 
direction of the comprehensive program developed under section 504 
and of all other activities conducted under this title and shall annually 
review the programs of the various States under sections 505 and 506 
to insure that they are effectively promoting the realization of the 
objectives of this title. 
Program 
development. 
42 use 7003. 
DESCRIPTION OF EXTENSION SERVICE 
SEC. 504. (a) The Service shall develop and implement a compre-
hensive program for the identification, development, and practical 
demonstration of energy conserving opportunities, techniques, mate-
rials, and equipment, including opportunities, techniques, or methods 
responsive to local needs or resources, and alternative energy tech-
nologies such as solar heating and cooling, for— 
(1) agricultural, commercial, and small business operations, 
and 
(2) new and existing residential, commercial, and agricultural 
buildings or structures. 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 193 
Such program shall provide for technical assistance, instruction, infor-
mation, dissemination, and practical demonstrations in energy conser-
vation opportunities, and shall provide an active interface with end 
use energy consumers at the local level for the purpose of offering 
active outreach assistance and affording a communication channel for 
end user technology requirements. Such outreach assistance shall be 
provided by means of such appropriate local offices, including metro-
politan city offices, county agents, and technical staff assistants, and 
inay be required to provide energy extension services. 
(b) The program authorized under subsection (a) of this section 
shall permit each State to establish a technical support institute at 
one or more colleges or universities designated by the Governor of 
that State. Each such institute shall— 
(1) have as its purpose to assist in implementation of the State 
* 
energy extension service; and 
(2) provide such analyses and technical support as is neces-
sary for effective State energy extension service activities. 
(c) The comprehensive program developed under subsection (a) 
shall be implemented and carried out within each State pursuant to 
sections 505 and 506. 
(d) The Director shall take such steps as may be necessary to insure 
that the comprehensive program is implemented in a manner which 
minimizes conflict with existing services in the private sector of the 
economy that are similar to those provided under such program. 
Technical 
support 
institutes, 
establishment. 
INITIAL IMPLEMENTATION OF EXTENSION SERVICE 
SEC. 505. (a) The Director shall within forty-five days after the 
effective date of this title invite the Governor of each State through 
competitive procurement to submit a plan for the conduct of energy 
extension service activities as described in section 504 of this title 
throughout such State including provisions for appropriate technical 
support within such State of such activities, to disseminate information 
and provide advice and assistance to individuals, groups, and units of 
State and local government by means of— 
(1) specific studies and recommendations applicable to indi-
vidual residences, businesses, and agricultural or commercial 
establishments; 
(2) demonstration projects; 
(3) distribution of studies and instructional materials; 
(4) seminars and other training sessions for State and local 
government officials and the public; and 
(5) other public outreach programs. 
(b) Each State shall be accorded not more than ninety days to 
submit a plan to the Director under subsection (a) of this section. 
The Director shall promptly review such proposals and shall, with Funds 
the approval of the Administrator, and subject to the limitations of 
section 512(c) (1) and (2), provide funds adequate for the support of 
the proposed energy outreach plan of a State if the Director finds that, 
such plan— 
(1) meets the obj 
ectives of this title; 
(2) was prepared with opportunity for input from State, 
county, and local officials. State universities, colleges and com-
V 
munity colleges, cooperative extension services, community service 
action agencies, and other public or private organizations involved 
in active energy outreach programs; 
State plans, 
submittal to 
Director. 
42 use 7004. 
91 STAT. 194 
PUBLIC LAW 95-39—JUNE 3, 1977 
(3) consistent with the objectives and requirements of this 
title, makes optimum use of existing outreach or delivery mecha-
nisms or programs, and includes to the optimum extent any 
existing State, local, university, college, or other organizations' 
programs for energy information, education, or technology trans-
fer which have objectives similar to those of this title and activities 
similar or related to those specified in section 504 and subsection 
•« 
(a) of this section; 
(4) provides that the State will maintain, or require other 
mtv.. 1 ifc 
participating entities within the State to maintain, and make 
available upon request to the Director, such records with respect 
to the use and expenditure of any Federal funds paid to the State, 
or to entities within the State, under this title as the Director may 
' * 
require; 
(5) provides for the establishment of effective procedures for 
responding to external inputs and inquiries; 
(6) requires that, to the extent possible, within personnel and 
i^ 
funding limitations, on-site energy evaluations will be made 
*'•' 
available to all consumers and small business concerns, and to 
other business concerns within such limitations (as to size or 
otherwise) as the Director may specify; 
(7) provides that the State will furnish and widely disseminate 
' 
information on the types of assistance available under this title, 
and under other Federal and State laws, with respect to the plan-
ing, financing, installation, and effective monitoring of energy-
related facilities and activities; 
(8) provides that the allocation within the State of the funds 
*r 
made available to it under this title will be based on, or give due 
consideration to, such factors (specifically including potential 
.
#
•
:
>
*
- ;i ' 
;'|. 
energy savings and number of persons affected) as the Director 
determines will best carry out the purpose of this title; 
(9) requires the establishment and implementation of policies 
and procedures designed to assure that assistance provided under 
' ' 
this title does not replace or supplant the expenditure of other 
Federal or State or local funds for the same purposes, but rather 
supplements such funds and increases the expenditure of such 
State or local funds to the maximum extent possible: 
Provided, 
That there shall be no requirement for matching State or local 
funds in the guidelines, unless such requirement is included in an 
J 
annual authorization; 
!«;> 
^-j^Q^ requires effective coordination of the programs under such 
State plans with other Federal programs which provide funds 
for university extension programs, in order to avoid duplication; 
^' 
(11) requires the establishment and implementation of effective 
procedures specifically designed for the dissemination of infor-
mation to small business concerns; 
(12) limits to a maximum of 20 per centum the portion of the 
funds made available under this title which may be used for the 
purchase of equipment, facilities, and library 
and 
related 
materials; 
(13) prohibits the use of any such funds for the purchase of 
land or interests therein or the repair of buildings or structures; 
and 
(14) satisfies such other criteria as the Director may establish 
to carry out the purpose of this title. 
d-ah'^t 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 195 
IMPLEMENTATION OF NATIONAL EXTENSION 
SERVICE 
SEC. 506. (a) Notwithstanding the provisions of section 505, the 
Director, on behalf of the Administrator, is authorized and directed 
to invite in each State of the United States not then participating in 
the program at the earliest practicable date, but no later than Octo-
ber Ij 1978, to submit a plan for the conduct of energy extension service 
activities, including provisions for appropriate technical support in 
such State, to disseminate information and provide advice and assist-
ance to individuals, groups, and units of State and local government 
by means of— 
(1) specific studies and recommendations applicable to individ-
ual residences, businesses, and agricultural or commercial 
establishments; 
: 
(2) demonstration projects; 
(3) distribution of studies and instructional materials; 
(4) seminars and other training sessions for State and local 
government officials and the public; and 
(5) other public outreach programs. 
(b) Pursuant to authority described in subsection (a) of this section, 
the Director, with the approval of the Administrator, shall issue 
guidelines for the preparation and submission of State plans under 
subsection (c). Such guidelines shall be designated to assure that the 
plans so submitted will be consistent with this title and will effectively 
contribute to the achievement of its objectives, and shall allow maxi-
mum flexibility and the exercise of maximum discretion by the States. 
In the preparation of such guidelines, the Administrator shall pro-
vide a reasonable opportunity for inputs by representatives of the 
several States and for a reasonable period for public review and com-
ment. In any event, such guidelines— 
(1) shall require the establishment and implementation of 
policies and procedures designed to assure that assistance pro-
vided under this title does not replace or supplant the expendi-
ture of other Federal or State or local funds for the same purposes, 
but rather supplements such funds and increases the expenditure 
of such State or local funds to the maximum extent possible; 
(2) shall require effective coordination of the programs under 
such State plans with other Federal programs which provide 
funds for university extension programs, in order to avoid dupli-
cation ; 
(3) shall require the establishment and implementation of effec-
tive procedures specifically designed for the dissemination of 
information to small business concerns; 
(4) shall limit to a maximum of 20 per centum the portion of 
the funds made available under this title which may be used for 
the purchase of'equipment, facilities, and library and related 
materials; and 
(5) shall prohibit the use of any such funds for the purchase 
of land or interests therein or the repair of buildings or structures. 
(c) On the effective date of the guidelines described in subsection 
(b) of this section, the Director shall invite the Governor of each 
State not then participating in the program to submit a plan for the 
conduct of energy extension service activities throughout such State. 
Non-participating 
States, invitation 
to submit plans. 
42 use 7005. 
Guidelines. 
Public review and 
comment. 
Non-participating 
States, invitation 
to Governors to 
submit plans. 
91 STAT. 196 
PUBLIC LAW 95-39—JUNE 3, 1977 
State plan, 
(d) Each State plan submitted under subsection (c) shall be 
approval. 
approved by the Director if the Director finds that such plan— 
(1) meets the objectives of this title; 
(2) was prepared with opportunity for input from State, 
^=.. ; ;
:
,
4 
county, and local officials, State universities and community col-
leges, cooperative extension services, community service action 
agencies, and other public or private organizations involved in 
active energy outreach programs; 
(3) consistent with the objectives and requirements of this title, 
' 
makes optimum use of existing active outreach or delivery mecha-
nisms or programs, and includes to the optimum extent any exist-
, 
ing State, local, university, or other organizations' programs for 
'" 
energy information, education, or technology transfer which have 
objectives similar to those of this title and activities similar or 
related to those specified in section 504 and subsection (a) of this 
, 
section; 
" ' 
(4) provides that the State will maintain, or require other 
participating entities within the State to maintain, and make 
available upon request to the Director, such records with respect 
to the use and expenditure of any Federal funds paid to the State, 
or to entities within the State, under this title as the Director may 
require; 
(5) provides for the establishment of effective procedures for 
responding to external inputs and inquiries; 
(6) requires that, to the extent possible, within personnel and 
s., , ^ 
funding limitations, on-site energy evaluations will be made avail-
able to all consumers and small business concerns, and to other 
business concerns within such limitations (as to size or otherwise) 
as the Director may specify; 
n 
C^) provides that the State will furnish and widely disseminate 
* information on the types of assistance available under this title, 
and under other Federal and State laws, with respect to the plan-
ning, financing, installation, and effective monitoring of energy-
related facilities and activities; 
(8) provides that the allocation within the State of the funds 
. ; made available to it under this title will be based on, or give due 
consideration to, such factors (specifically including potential 
energy savings and number of persons affected) as the Director 
determines will best carry out the purpose of this title; and 
(9) satisfies such other criteria as the Director may establish 
to carry out the purpose of this title. 
(e) If the Director finds that a State plan submitted under subsec-
tion (c) does not satisfy the requirements of subsection (d), he shall 
provide a reasonable opportunity for the State to present arguments 
in support of such plan and to revise the plan within a reasonable 
period of time to satisfy such requirements. 
Plan, 
(f) (1) If 8
- State does not submit a plan under subsection (a) or its 
development by 
plan as S
O submitted (with any revisions made under subsection (e)) 
Director. 
jg J^Q^. acceptable, the Director (after giving notice and an opportunity 
for comment to the Governor of such State) shall develop consistent 
with other subsections of this section an energy extension service plan 
for the State involved, which conforms to the requirements of subsec-
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 197 
tion (d). In conducting energy extension service activities under any 
plan developed under this subsection, the Director is authorized to 
enter into agreements for the utilization of existing Agriculture Exten-
sion Service offices and personnel, or such other offices and personnel 
as may be appropriate, and to provide funds for such operations; and 
in carrying out the functions of such offices the Director shall make 
maximum use of any existing delivery mechanisms for the State or 
local region concerned which are appropriate for purposes of this 
section, while coordinating his activities in connection with the per-
formance of such functions with all such mechanisms in the State or 
region which are related to, but not directly involved, in the program 
under this title. 
(2) Each State shall have a period of one hundred and eighty days 
after the issuance of the indication referred to in subsection (b) (or a 
longer period if the Director finds, at the request of the Governor of 
such State, that an extension is justified) within which to submit its 
plan under subsection (c) and if necessary to revise such plan under 
subsection (e) before the Director may undertake the development of a 
plan for such State under paragraph (1) of this subsection. 
(3) Any such plan developed by the Director shall be transmitted to 
the Governor of such State and shall not be implemented for ninety 
days after the date of transmittal: Provided^ That notwithstanding 
the provisions of paragraphs (1) and (2) of this subsection, no such 
plan shall be implemented if the Governor within the ninety-day 
period notifies the Administration in writing of his objection to the 
implementation of said plan. 
(g) The Director shall annually review the implementation of 
State plans approved under subsection (d) to insure continued con-
formance with the requirements of this title. If the Director deter-
mines that the implementation of any approved State plan does not 
satisfy any of such requirements, he shall notify the Governor of the 
State and any other designated officials of the deficiency, with specific 
details, and shall provide a reasonable time and opportunity for 
remedial action. If, after such reasonable time and opportunity, satis-
fying remedial action has not been taken to place the implementation 
in conformance with such requirements, the Director shall so inform 
the Administrator, who shall give the Governor notice of intention to 
terminate Federal assistance, after the opportunity for the Governor's 
comment, if the implementation continues to not satisfy all such 
requirements. Federal assistance shall be terminated thereafter if 
satisfactory action is not taken. In the event Federal assistance is 
terminated under this subsection, the Director shall proceed in accord-
ance with the procedures in subsection (f) to develop an energy exten-
sion service for the State. In so doing, the Director shall provide for 
continuation of all activities under the State plan which were in con-
formance with the requirements of this title and shall effect only such 
changes in the activities under such plan as are necessary to satisfy 
such requirements. The Director shall give the Governor notice of any 
such changes and shall provide a reasonable opportunity for the 
Governor to comment prior to proceeding with the changes. 
(h) In any case where a State has submitted a State energy con-
servation plan under part C of title III of the Energy Policy and 
Conservation Act, as amended, the State's plan submitted under sub-
section (c) of this section shall specifically indicate how its proposed 
extension service program will complement or supplement any pro-
Agriculture 
Extension 
Service, 
utilization 
agreements. 
Revisions. 
Transmittal to 
State Governors 
Notification. 
Annual review. 
Notification of 
States. 
Remedial action. 
Notice. 
Service, 
development. 
Notice. 
42 u s e 6321. 
91 STAT. 198 
PUBLIC LAW 95-39—JUNE 3, 1977 
42 use 6322. 
Financial 
assistance. 
grams of public education under section 362(d) (4) of such Act which 
are included under such energy conservation plan. In any event, each 
State plan submitted under subsection (c) of this section shall indi-
cate how its proposed extension service program will complement or 
supplement any other energy conservation programs being carried 
out within the State with assistance from Federal funds or under other 
Federal laws. 
(i) The Director shall provide financial assistance to each State 
having a plan approved under subsection (d), from funds allocated 
to such State under section 512(c), and shall provide information and 
technical assistance to such State, for the development, implementa-
tion, or modification of the State's plan submitted under subsection 
(c) of this section. 
(j) Nothing in this title, or in the comprehensive program developed 
under section 504 or any State plan approved under this section, shall 
have the effect of modifying or altering the relationships existing 
between educational institutions and the States in which they are 
located in connection with activities provided for under this title. 
Regulations. 
42 use 7006. 
eonsultation and 
cooperation. 
Interagency 
Advisory Group. 
Establishment. 
Membership. 
ADMINISTRATIVE 
PROVISIONS 
SEC. 507. (a) The Director shall promulgate such regulations and 
directives as may be necessary to carry out the functions and projects 
of the Service. 
(b) The Director shall consult and cooperate with the Secretary of 
Housing and Urban Development, the Administrator of the Federal 
Energy Administration, the Secretary of Agriculture, the Adminis-
trator of the Environmental Protection Agency, the Secretary of 
Health, Education, and Welfare, the Community Services Adminis-
tration (and its Institute for Appropriate Technology), the Secretary 
of Commerce (and the Regional Centers of the Economic Develop-
ment Administration in the Department of Commerce), the Adminis-
trator of the Small Business Administration, and the heads of other 
Federal agencies administering energy-related programs, with a view 
toward achieving maximum coordination with such other programs, 
and for the purpose of insuring to the maximum extent possible that 
all energy conservation and new energy technology information dis-
seminated by or through Federal programs in a given area are con-
sistent and are fully coordinated in order to minimize duplication of 
effort and to maximize public confidence in the credibility of Federal 
or federally assisted programs. It shall be the responsibility of the 
Director to promote the coordination of programs under this title 
with other public or private programs or projects of a similar nature. 
(c) Federal agencies described in subsection (b) shall cooperate 
with the Director in disseminating information with respect to the 
availability of assistance under this title, and in promoting the identi-
fication and interests of individuals, groups, or business and com-
mercial establishments eligible for assistance through programs 
funded under this title. 
(d) At such time as the Energy Resources Council is terminated, 
pursuant to section 108 of the Energy Reorganization Act of 1974, as 
amended (42 U.S.C. 5818), there shall be established an Interagency 
Advisory Group, consisting of the Director (as Chairman) and the 
heads of the Federal agencies described in subsection (b) or their 
delegates, to assist the Director in carrying out his responsibilities 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 199 
under this section and to provide a mechanism for use by the Director 
and the heads of such agencies in the performance of their functions 
under subsections (b) and (c). 
COMPREHENSIVE PLAN AND PROGRAM 
SEC. 508. (a) The Administrator is authorized and directed to pre-
pare a comprehensive program and plan for Federal energy education, 
extension, and information activities authorized by this title and any 
other law. In the preparation of the program and plan, the Adminis-
trator shall utilize and consult with the head of each agency referred 
to in this title and any other Federal agency with an energy education, 
extension, or information program. Preparation of such program and 
plan shall not delay in any way the procedures specified in sections 
505 and 506 or the implementation otherwise of this title. Rather, the 
program and plan should reflect the activities mandated by this title 
and serve as a mechanism for Federal Government-wide coordination 
and management of those activities with the activities of other Federal 
agencies under other law. 
(b) The comprehensive program and plan shall include, but not be 
limited to, the following elements: 
(1) specific delineation of responsibility of each participating 
Federal agency in the conduct of this title; 
(2) mechanisms established to coordinate the activities under 
this title, pursuant to section 507 (b), (c), and (d); 
(3) a detailed summary of all related Federal programs under 
other law, including program descriptions, types of delivery 
mechanisms, budget, and objectives; 
(4) procedures for defining and measuring the effectiveness, 
in terms of increased energy efficiency, fuel savings, adoption of 
new energy technologies, and other appropriate criteria, of the 
activities under this title and related activities under other law; 
(5) an assessment of other existing Federal assistance and 
incentives, other than public education, extension, and outreach 
programs, and their relation to such programs, in achieving the 
objectives of this title; 
(6) procedures pursuant to section 504(d) to minimize conflict 
with existing services in the private sector of the economy which 
are similar to those under this title and other law; and 
(7) a comprehensive and integrated plan for the resulting 
Federal program, taking into account paragraphs (1) through 
(c) The Administrator shall transmit the comprehensive program 
and plan to the President and to each House of Congress within one 
hundred and eighty days after the date of enactment of this Act. 
Thereafter, the Administrator shall revise the program and plan on 
an annual basis and submit the revisions as part of the annual fiscal 
year budget submission and the report required by section 15 of the 
Federal Nonnuclear Energy Research and Development Act of 1974. 
42 use 7007. 
Consultation. 
Transmittal to 
President and 
Congress. 
Annual revision. 
42 u s e 5914. 
ADVISORY BOARD 
SEC. 509. (a) There is herebv established a National Energy Exten-
sion Service Advisory Board (hereinafter in this section referred to as 
the "Board"), which shall consist of not less than fifteen nor more than 
Establishment. 
Membership. 
42 use 7008. 
91 STAT. 200 
PUBLIC LAW 95-39—JUNE 3, 1977 
Chairman. 
Travel" expenses. 
Review. 
Report to 
Administrator, 
Director, and 
Congress. 
twenty members appointed by the Administrator from among persons 
representative of State, county, and local governments. State univer-
sities, community colleges, community service action agencies, con-
sumers, small business, and agriculture. The Administrator shall des-
ignate one of the members of the Board to serve as its chairman, and 
shall provide the Board with such services and facilities as may be 
necessary for the performance of its functions. The Administrator 
shall reimburse members of the Board for the full amount of any 
expenses (including travel expenses) necessarily incurred by them 
in the performance of their duties as such. 
(b) The Board shall carry on a continuing review of the operation 
of the comprehensive program developed under section 504 and the 
various State plans approved under sections 505 and 506, for the 
purpose of evaluating their effectiveness in achieving the objectives 
of this title and determining how their operation might be improved 
in furtherance of such objectives. 
(c) The Board shall report at least annually to the Administrator, 
the Director, and the Congress on the status of the program under 
this title, including any recommendations it may have for adminis-
trative or legislative changes to improve its operation. 
42 u s e 5813. 
Ante, p. 191. 
Ante, pp. 198, 
199. 
42 u s e 6201 
note. 
Energy 
Conservation 
Subcommittee. 
Establishment. 
42 use 5818. 
CONFORMING 
AMENDMENTS 
SEC. 510. (a") Section 103 of the Energy Eeorganization Act of 1974, 
as amended (42 U.S.C. 5801), is amended by redesignating para-
graphs (7) through (11) as paragraphs (8) through (12), respectively, 
and inserting immediately after paragraph (6) the following new 
paragraph: 
"(7) establishing, in accordance with the National Energy 
Extension Service Act, an Energy Extension Service to provide 
technical assistance, instruction, and practical demonstrations on 
energj conservation measures and alternative energy systems to 
individuals, businesses, and State and local government officials;". 
(b) Section 108(b) of such Act (42 U.S.C. 5818(b)) is amended by 
striking out "and" at the end of paragraph (2), by striking out the 
period at the end of paragraph (3) and inserting in lieu thereof "; 
and", and by adding after paragraph (3) the following new para-
graph : 
" (4) insure that Federal agencies fully discharge their responsi-
bilities under sections 507 and 508 of the National Energy Exten-
sion Service Act for coordination and planning of their related 
activities under such Act and any other law, including but not 
limited to the Energy Policy and Conservation Act.". 
(c) Section 108 of such Act is further amended by adding at the 
end thereof the following new subsection: 
"(e) There is hereby established an Energy Conservation Subcom-
mittee within the Council, which shall be chaired by the Administra-
tor of the Energy Research and Development Administration, to 
discharge the responsibilities specified in subsection (b) (4) of this 
section and other related functions associated with the coordination 
and management of Federal efforts in the areas of energy conserva-
tion and energy conservation research, development and demonstra-
tion.". 
PUBLIC LAW 95-39—JUNE 3, 1977 
91 STAT. 201 
. .....^ 
R E C O R D S 
'-'-• ' " . 
^ 
SEC. 511. Each State or other entity within a State receiving Federal 
funds under this title shall make and retain such records as the 
Administrator shall require, including records which fully disclose 
the amount and disposition of such funds; the total cost of the facili-
ties and activities for which such funds were given or used; the source 
and amount of any funds not supplied by the Administrator; and 
any data and information which the Administrator determines are 
necessary to protect the interests of the United States and to facilitate 
an effective financial audit and performance evaluation. Such record-
keeping shall be in accordance with Federal Management Circular 
74-7 (34 CFR part 256) and any modification thereto. The Admin-
istrator, or any of his duly authorized representatives, shall have 
access until the expiration of three years after the completion of the 
facilities or activities involved, to any books, documents, papers, and 
records or receipts which the Administrator deems to be related or 
pertinent, directly or indirectly, to any such Federal funds. 
APPROPRIATION 
AUTHORIZATION 
Maintenance and 
retention. 
42 use 7009. 
Nonnuclear 
programs. 
42 use 7010. 
Funds, transfer. 
SEC. 512. (a) There are authorized to be appropriated to the Direc-
tor to carry out this title such sums as may be included in the annual 
authorization, for the fiscal year 1977 (as provided in section 
101(7) (G) of title I of this Act), for the nonnuclear programs of 
the Energy Research and Development Administration. 
(b) To the extent provided in the Act making the appropriation 
involved, any portion of the amount appropriated pursuant to sub-
section (a) for any fiscal year may be transferred by the Director, 
with the approval of the Administrator, to the head of any other 
Federal agency for payment to or expenditure within one or more 
States under sections 505 and 506 upon a determination by the Direc-
tor that the existence of regular payment channels or administrative 
relationships between that agency and the State involved (or entities 
within such State) makes such transfer and such payment or expendi-
ture administratively more efficient or effective or otherwise promotes 
the achievement of the objectives of this title; but no transfer of 
funds under this subsection shall result in any loss by the Director of 
any authority over program direction or control which is vested in 
him by this title. 
(c) (1) The total amount appropriated pursuant to subsection (a) Funds, allocation, 
for the initial implementation of the energy extension service (other 
than the portion thereof needed for administrative expenses and 
special State projects) shall be allocated among the participating 
States according to the amounts needed to implement their proposed 
initial programs. 
(2) The total amount appropriated pursuant to subsection (a) for Formula, 
any fiscal year (other than the portion thereof needed for adminis-
trative expenses and special State projects) shall be allocated among 
the States in accordance with the following formula: 
(i) one-half shall be divided equally among all the States; and 
(ii) one-half shall be divided among the States in proportion 
to their respective populations, with each State being entitled to 
a sum that bears the same ratio to one-half of such total amount as 
such State's population (determined on the basis of the most 
91 STAT. 202 
PUBLIC LAW 95-39—JUNE 3, 1977 
recent decennial census) bears to the total population of all the 
, 
. 
,, 
States (as so determined). 
!«» v
n
w
.
r .. .« 
^g^ During the fiscal year in which this title becomes effective, the 
•.^^^ 
Director shall provide funds in accordance with paragraph (1) of 
this subsection for the implementation of the energy extension service 
activities in the maximum number of States determined by the Direc-
tor to be feasible with the total amount appropriated pursuant to 
subsection (a) : Provided, That in no case shall such number be less 
than ten States. 
DEFINITIONS 
' 
42 use 7011. 
SEC. 513. As used in this title, the term— 
(1) "energy conservation" means energy conservation, efficient 
energy use and the utilization of renewable energy resources; and 
(2) "State" means any State of .the United States, the District 
of (Jolumbia, the Commonwealth of Puerto Kico, Guam, the 
' 
Virgin Islands, American Samoa, or any territory or possession 
of the United States. 
Approved June 3, 1977. 
' 
.*.-Ji'?iJ^*t •'•!•« I 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-224 (Comm. on Science and Technology). 
SENATE REPORT No. 95-69 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Apr. 4, considered and passed Senate. 
May 2, considered and passed House, amended. 
May 13, Senate concurred in House amendment with amendments. 
May 18, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 23: 
June 3, Presidential statement.