§ 5905. Comprehensive planning and programming

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–577 § 6 · 88 Stat. 1878

   Enacted · 42 U.S.C. § 5905

   Pub. L. 93–577, § 6, Dec. 31, 1974, 88 Stat. 1881

   Source evidence

   Code source credit
   Pub. L. 93–577, § 6, Dec. 31, 1974, 88 Stat. 1881

   Enacted provision · exact public law section
   Sec. 6. (a) Pursuant to the authority and directions of this Act and Plan, transmittal to Congress. 42 USC 5905. Ante, p. 1233. the Energy Reorganization Act of 1974 (Public Law 93–438), the Administrator shall transmit to the Congress, on or before June 30, 1975, a comprehensive plan for energy research, development, and demonstration. This plan shall be appropriately revised annually as provided in section 15(a). Such plan shall be designed to achieve— (1) solutions to immediate and short-term (to the early 1980’s) energy supply system and associated environmental problems; (2) solutions to middle-term (the early 1980’s to 2000) energy supply system and associated environmental problems; and (3) solutions to long-term (beyond 2000) energy supply system and associated environmental problems. (b) (1) Based on the comprehensive energy research, development, Program, transmittal to Congress. and demonstration plan developed under subsection (a), the Adminis-trator shall develop and transmit to the Congress, on or before June 30, 1975, a comprehensive nonnuclear energy research, development, and demonstration program to implement the nonnuclear research, development, and demonstration aspects of the comprehensive plan. (2) This program shall be designed to achieve solutions to the energy supply and associated environmental problems in the immediate and short-term (to the early 1980’s), middle-term (the early 1980’s to 2000), and long-term (beyond 2000) time intervals. In formulating the nonnuclear aspects of this program, the Administrator shall evaluate the economic, environmental, and technological merits of each aspect of the program. (3) The Administrator shall assign program elements and activities in specific nonnuclear energy technologies to the short-term, middle-term, and long-term time intervals, and shall present full and complete justification for these assignments and the degree of emphasis for each. These program elements and activities shall include, but not be limited to, research, development, and demonstrations designed— (A) to advance energy conservation technologies, including but not limited to— (i) productive use of waste, including garbage, sewage, agricultural wastes, and industrial waste heat; (ii) reuse and recycling of materials and consumer products; (iii) improvements in automobile design for increased efficiency and lowered emissions, including investigation of the full range of alternatives to the internal combustion engine and systems of efficient public transportation; and (iv) advanced urban and architectural design to promote efficient energy use in the residential and commercial sectors, improvements in home design and insulation technologies, small thermal storage units and increased efficiency in electrical appliances and lighting fixtures; (B) to accelerate the commercial demonstration of technologies for producing low-sulfur fuels suitable for boiler use; (C) to demonstrate improved methods for the generation, storage, and transmission of electrical energy through (i) advances in gas turbine technologies, combined power cycles, the use of low British thermal unit gas and, if practicable, magnetohydrodynamics; (ii) storage systems to allow more efficient load following, including the use of inertial energy storage systems; and (iii) improvement in cryogenic transmission methods; (D) to accelerate the commercial demonstration of technologies for producing substitutes for natural gas, including coal gasification: Provided, That the Administrator shall invite and consider proposals from potential participants based upon Federal assistance and participation in the form of a joint Federal-industry corporation, and recommendations pursuant to this clause shall be accompanied by a report on the viability of using this form of Federal assistance or participation; (E) to accelerate the commercial demonstration of technologies for producing syncrude and liquid petroleum products from coal: Provided, That the Administrator shall invite and consider proposals from potential participants based upon Federal assistance and participation through guaranteed prices or purchase of the products, and recommendations pursuant to this clause shall be accompanied by a report on the viability of using this form of Federal assistance or participation; (F) in accordance with the program authorized by the Geothermal Energy Research, Development, and Demonstration Act of 1974 (Public Law 93–410), to accelerate the commercial demonstration Ante, p. 1079. of geothermal energy technologies; (G) to demonstrate the production of syncrude from oil shale by all promising technologies including in situ technologies; (H) to demonstrate new and improved methods for the extraction of petroleum resources, including secondary and tertiary recovery of crude oil; (I) to demonstrate the economics and commercial viability of solar energy for residential and commercial energy supply applications in accordance with the program authorized by the Solar Heating and Cooling Act of 1974 (Public Law 93–409); Ante, p. 1069. (J) to accelerate the commercial demonstration of environmental control systems for energy technologies developed pursuant to this Act; (K) to investigate the technical and economic feasibility of tidal power for supplying electrical energy; (L) to commercially demonstrate advanced solar energy technologies in accordance with the Solar Research, Development, and Demonstration Act of 1974 (Public Law 93–473); Ante, p. 1431. (M) to determine the economics and commercial viability of the production of synthetic fuels such as hydrogen and methanol; (N) to commercially demonstrate the use of fuel cells for central station electric power generation; (O) to determine the economics and commercial viability of in situ coal gasification; (P) to improve techniques for the management of existing energy systems by means of quality control; application of systems analysis, communications, and computer techniques; and public information with the objective of improving the reliability and efficiency of energy supplies and encourage the conservation of energy resources; and (Q) to improve methods for the prevention and cleanup of marine oil spills.

2. 1978

   Department of Energy Act of 1978—Civilian Applications

   Pub. L. 95–238 title II § 206(a) · 92 Stat. 47

   Added · 42 U.S.C. § 5905(c)

   Pub. L. 95–238 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–238 added subsec. (c).

   Enacted provision · exact public law section
   (a) Section 6 of the Federal Nonnuclear Energy Research Comprehensive environment and safety program, transmittal to Congress. 42 USC 5905. and Development Act of 1974 is amended by adding at the end thereof the following new subsection: “(c) Based upon the comprehensive plan developed under subsection (a), the Administrator shall develop and transmit to the Congress, on or before September 1, 1978, a comprehensive environment and safety program to insure the full consideration and evaluation of all environmental, health, and safety impacts of each element, program, or initiative contained in the nuclear and nonnuclear energy research, development, and demonstration plans.”.

3. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 2303(a)(1)(A) · 106 Stat. 2776

   Substituted · 42 U.S.C. § 5905(a)

   Pub. L. 102–486, § 2303(a)(1)(A), substituted “the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), and titles XX through XXIII of the Energy Policy Act of 1992, the Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,” for “the Administrator”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–486, § 2303(a)(1)(A), substituted “the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), and titles XX through XXIII of the Energy Policy Act of 1992, the Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,” for “the Administrator”.

   Enacted provision · exact public law section
   (A) by striking “the Administrator” and inserting “the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), and titles XX through XXIII of the Energy Policy Act of 1992, the Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,”;

4. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 2303(a)(1)(B) · 106 Stat. 2776

   Substituted · 42 U.S.C. § 5905(a)(1)

   Pub. L. 102–486, § 2303(a)(1)(B), substituted “(the period up to 5 years after submission of the plan or its annual revision)” for “(to the early 1980’s)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–486, § 2303(a)(1)(B), substituted “(the period up to 5 years after submission of the plan or its annual revision)” for “(to the early 1980’s)”.

   Enacted provision · exact public law section
   (B) by striking “(to the early 1980’s)” in paragraph (1) and inserting “(the period up to 5 years after submission of the plan or its annual revision)”;

5. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 2303(a)(1)(C) · 106 Stat. 2776

   Substituted · 42 U.S.C. § 5905(a)(2)

   Pub. L. 102–486, § 2303(a)(1)(C), substituted “(the period from 5 years to 10 years after submission of the plan or its annual revision)” for “(the early 1980’s to 2000)”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–486, § 2303(a)(1)(C), substituted “(the period from 5 years to 10 years after submission of the plan or its annual revision)” for “(the early 1980’s to 2000)”.

   Enacted provision · exact public law section
   (C) by striking “(the early 1980’s to 2000)” in paragraph (2) and inserting “(the period from 5 years to 10 years after submission of the plan or its annual revision)”; and

6. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 2303(a)(1)(D) · 106 Stat. 2776

   Substituted · 42 U.S.C. § 5905(a)(3)

   Pub. L. 102–486, § 2303(a)(1)(D), substituted “(the period beyond 10 years after submission of the plan or its annual revision)” for “(beyond 2000)”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–486, § 2303(a)(1)(D), substituted “(the period beyond 10 years after submission of the plan or its annual revision)” for “(beyond 2000)”.

   Enacted provision · exact public law section
   (D) by striking “(beyond 2000)” in paragraph (3) and inserting “(the period beyond 10 years after submission of the plan or its annual revision)”;

7. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 2303(a)(2)(B) · 106 Stat. 2776

   Inserted · 42 U.S.C. § 5905(b)(1)

   Pub. L. 102–486, § 2303(a)(2)(B), inserted at end “Such program shall be updated and transmitted to the Congress annually as part of the report required under section 5914 of this title.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–486, § 2303(a)(2)(B), inserted at end “Such program shall be updated and transmitted to the Congress annually as part of the report required under section 5914 of this title.”

   Enacted provision · exact public law section
   (B) by inserting “Such program shall be updated and transmitted to the Congress annually as part of the report required under section 15.” at the end of paragraph (1);

8. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 2303(a)(2)(A) · 106 Stat. 2776

   Substituted · 42 U.S.C. § 5905(b)(1)

   Pub. L. 102–486, § 2303(a)(2)(A), substituted “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,” for “Administrator”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–486, § 2303(a)(2)(A), substituted “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,” for “Administrator”.

   Enacted provision · exact public law section
   (A) by striking “Administrator” in paragraphs (1) and (2) and inserting “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,”;

9. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 2303(a)(2)(C) · 106 Stat. 2776

   Substituted · 42 U.S.C. § 5905(b)(2)

   Pub. L. 102–486, § 2303(a)(2)(C), substituted “, middle-term, and long-term time intervals described in subsection (a)(1) through (3)” for “(to the early 1980’s), middle-term (the early 1980’s to 2000), and long-term (beyond 2000) time intervals”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 102–486, § 2303(a)(2)(C), substituted “, middle-term, and long-term time intervals described in subsection (a)(1) through (3)” for “(to the early 1980’s), middle-term (the early 1980’s to 2000), and long-term (beyond 2000) time intervals”.

   Enacted provision · exact public law section
   (C) by striking “(to the early 1980’s), middle-term (the early 1980’s to 2000), and long-term (beyond 2000) time intervals” in paragraph (2) and inserting “, middle-term, and long-term time intervals described in subsection (a)(1) through (3)”;

10. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 2303(a)(2)(A) · 106 Stat. 2776

    Substituted · 42 U.S.C. § 5905(b)(2)

    Pub. L. 102–486, § 2303(a)(2)(A), substituted “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–486, § 2303(a)(2)(A), substituted “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,” for “Administrator”.

    Enacted provision · exact public law section
    (A) by striking “Administrator” in paragraphs (1) and (2) and inserting “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,”;

11. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 2303(a)(2)(D) · 106 Stat. 2776

    Added · 42 U.S.C. § 5905(b)(3)

    Pub. L. 102–486, § 2303(a)(2)(D)–(F), added subpars. (R) and (S)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 102–486, § 2303(a)(2)(D)–(F), added subpars. (R) and (S).

    Enacted provision · exact public law section
    (D) by striking “and” at the end of paragraph (3)(P);

12. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 2303(a)(3)(B) · 106 Stat. 2776

    Inserted · 42 U.S.C. § 5905(c)

    Pub. L. 102–486, § 2303(a)(3)(B), inserted at end “Such program shall be updated and transmitted to the Congress annually as part of the report required under section 5914 of this title.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–486, § 2303(a)(3)(B), inserted at end “Such program shall be updated and transmitted to the Congress annually as part of the report required under section 5914 of this title.”

    Enacted provision · exact public law section
    (B) by inserting “Such program shall be updated and transmitted to the Congress annually as part of the report required under section 15.” after “and demonstration plans.”.

13. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 2303(a)(3)(A) · 106 Stat. 2776

    Substituted · 42 U.S.C. § 5905(c)

    Pub. L. 102–486, § 2303(a)(3)(A), substituted “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–486, § 2303(a)(3)(A), substituted “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,” for “Administrator”.

    Enacted provision · exact public law section
    (A) by striking “Administrator” and inserting “Secretary, in consultation with the Advisory Board established under section 2302 of the Energy Policy Act of 1992,”; and

14. 2005

    Energy Policy Act of 2005

    Pub. L. 109–58 title X § 1009(b)(4) · 119 Stat. 594

    1. Substituted · 42 U.S.C. § 5905(b)(3)

       Pub. L. 109–58 substituted “Secretary” for “Administrator” in introductory provisions and subpars. (D) and (E)

    2. Inserted · 42 U.S.C. § 5905(b)(3)

       Pub. L. 109–58 inserted “Demonstration” after “Cooling” in subpar. (I) and “Energy” after “Solar” in subpar. (L)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 109–58 substituted “Secretary” for “Administrator” in introductory provisions and subpars. (D) and (E) and inserted “Demonstration” after “Cooling” in subpar. (I) and “Energy” after “Solar” in subpar. (L).

    Enacted provision · exact public law section
    (4) Comprehensive planning and programming.— Section 6 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905) is amended— (A) by striking “Administrator” each place it appears and inserting “Secretary”; and (B) in subsection (b)(3)— (i) in subparagraph (I), by inserting “Demonstration” after “Cooling”; and (ii) in subparagraph (L), by inserting “Energy” after “Solar”.

15. 2020

    Energy Act of 2020

    Pub. L. 116–260 div. Z title III § 3006(d) · 134 Stat. 1182

    1. Redesignated · 42 U.S.C. § 5905(b)(3)(L)(S)

       Pub. L. 116–260 redesignated subpars. (M) to (S) as (L) to (R), respectively

    2. Struck · 42 U.S.C. § 5905(b)(3)(L)(S)

       Pub. L. 116–260 struck out subpar. (L) which read as follows: “to commercially demonstrate advanced solar energy technologies in accordance with the Solar Energy Research, Development, and Demonstration Act of 1974 (Public Law 93–473);”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(L) to (S). Pub. L. 116–260 redesignated subpars. (M) to (S) as (L) to (R), respectively, and struck out subpar. (L) which read as follows: “to commercially demonstrate advanced solar energy technologies in accordance with the Solar Energy Research, Development, and Demonstration Act of 1974 (Public Law 93–473);”.

    Enacted provision · exact public law section
    (d) Federal Nonnuclear Energy Research and Development Act of 1974.— Section 6(b)(3) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905(b)(3)) is amended— (1) by striking subparagraph (L); and (2) by redesignating subparagraphs (M) through (S) as subparagraphs (L) through (R), respectively.

17 of 17 references resolved to an enrolled provision