§ 5906. Federal assistance and participation in programs

Footnotes

1. 1 See Codification 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 § 7 · 88 Stat. 1878

   Enacted · 42 U.S.C. § 5906

   Pub. L. 93–577, § 7, Dec. 31, 1974, 88 Stat. 1883

   Source evidence

   Code source credit
   Pub. L. 93–577, § 7, Dec. 31, 1974, 88 Stat. 1883

   Enacted provision · exact public law section
   Sec. 7. (a) In carrying out the objectives of this Act, the Ad- 42 USC 5906. ministrator may utilize various forms of Federal assistance and participation which may include but are not limited to— (1) joint Federal-industry experimental, demonstration, or commercial corporations consistent with the provisions of subsection (b) of this section; (2) contractual arrangements with non-Federal participants including corporations, consortia, universities, governmental entities and nonprofit institutions; (3) contracts for the construction and operation of federally owned facilities; (4) Federal purchases or guaranteed price of the products of demonstration plants or activities consistent with the provisions of subsection (c) of the section; (5) Federal loans to non-Federal entities conducting demonstrations of new technologies; and (6) incentives, including financial awards, to individual inventors, such incentives to be designed to encourage the participation of a large number of such inventors. (b) Joint Federal-industry corporations proposed for congressional Joint Federal industry, corporations, guidelines. authorization pursuant to this Act shall be subject to the provisions of section 9 of this Act and shall conform to the following guidelines except as otherwise authorized by Congress: (1) Each such corporation may design, construct, operate, and maintain one or more experimental, demonstration, or commercial-size facilities, or other operations which will ascertain the technical, environmental, and economic feasibility of a particular energy technology. In carrying out this function, the corporation shall be empowered, either directly or by contract, to utilize commercially available technologies, perform tests, or design, construct, and operate pilot plants, as may be necessary for the design of the full-scale facility. (2) Each corporation shall have— (A) a Board of nine directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. The Board shall be empowered to adopt and amend bylaws. Five members of the Board shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and four members of the Board shall be appointed by the President on the basis of recommendations received by him from any non-Federal entity or entities entering into contractual arrangements to participate in the corporation; (B) a President and such other officers and employees as may be named and appointed by the Board (with the rates of compensation of all officers and employees being fixed by the Board); and (C) the usual powers conferred upon corporations by the laws of the District of Columbia. (3) An appropriate time interval, not to exceed 12 years, shall be established for the term of Federal participation in the corporation, at the expiration of which the Board of Directors shall take such action as may be necessary to dissolve the corporation or otherwise terminate Federal participation and financial interests. In carrying out such dissolution, the Board of Directors shall dispose of all physical facilities of the corporation in such manner and subject to such terms and conditions as the Board determines are in the public interest and consistent with existing law; and a share of the appraised value of the corporate assets proportional to the Federal participation in the corporation, including the proceeds from the disposition of such facilities, on the date of its dissolution, after satisfaction of all its legal obligations, shall be made available to the United States and deposited in the Treasury of the United States as miscellaneous receipts. All patent rights of the corporation shall, on such date of dissolution, be vested in the Administrator: Provided, That Federal participation may be terminated prior to the time established in the authorizing Act upon recommendation of the Board of Directors. (4) Any commercially valuable product produced by demonstration facilities shall be disposed of in such manner and under such terms and conditions as the corporation shall prescribe. All revenues received by the corporation from the sale of such products shall be available to the corporation for use by it in defraying expenses incurred in connection with carrying out its functions to which this Act applies. (5) The estimated Federal share of the construction, operation, and maintenance cost over the life of each corporation shall be determined in order to facilitate a single congressional authorization of the full amount at the time of establishment of the corporation. (6) The Federal share of the cost of each such corporation shall reflect (A) the technical and economic risk of the venture, (B) the probability of any financial return to the non-Federal participants arising from the venture, (C) the financial capability of the potential non-Federal participants, and (D) such other factors as the Administrator may set forth in proposing the corporation: Provided, That in no instance shall the Federal share exceed 90 per centum of the cost. (7) (A) Prior to the establishment of any joint Federal-industry Report to Speaker of the House, President pro tempore, and congressional committees. corporation pursuant to this Act, the Administrator shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, and to the appropriate committees of the House of Representatives and the Senate a report setting forth in detail the consistency of the establishment of the corporation with the principles and directives set forth in section 5 and this section, and the proposed purpose and planned activities of the corporation. (B) No such corporation shall be established unless previously authorized by specific legislation enacted by the Congress. (c) Competitive systems of price supports proposed for congres- Price support systems, guidelines. sional authorization pursuant to this Act shall conform to the following guidelines: (1) The Administrator shall determine the types and capacities of the desired full-scale, commercial-size facility or other operation which would demonstrate the technical, environmental, and economic feasibility of a particular nonnuclear energy technology. (2) The Administrator may award planning grants for the purpose of financing a study of the full cycle economic and environmental costs associated with the demonstration facility selected pursuant to paragraph (1) of this subsection. Such planning grants may be awarded to Federal and non-Federal entities including, but not limited to, industrial entities, universities, and nonprofit organizations. Such planning grants may also be used by the grantee to prepare a detailed and comprehensive bid to construct the demonstration facility. (3) Following the completion of the studies pursuant to the planning grants awarded under paragraph (2) of this subsection regarding each such potential price supported demonstration facility for which the Administrator intends to request congressional authorization, he shall invite bids from all interested parties to determine the minimum amount of Federal price support needed to construct the demonstration facility. The Administrator may designate one or more competing entities, each to construct one commercial demonstration facility. Such designation shall be made on the basis of those entities, (A) commitment to construct the demonstration facility at the minimum level of Federal price supports, (B) detailed plan of environmental protection, and (C) proposed design and operation of the demonstration facility. (4) The construction plans and actual construction of the demonstration facility, together with all related facilities, shall be monitored by the Environmental Protection Agency. If additional environmental requirements are imposed by the Administrator after the designation of the successful bidders and if such additional environmental requirements result in additional costs, the Administrator is authorized to renegotiate the support price to cover such additional costs. (5) The estimated amount of the Federal price support for a demonstration facility’s product over the life of such facility shall be determined by the Administrator to facilitate a single congressional authorization of the full amount of such support at the time of the designation of the successful bidders. (6) No price support program shall be implemented unless previously authorized by specific legislation enacted by the Congress. (d) Nothing in this section shall preclude Federal participation in, and support for, joint university-industry nonnuclear energy research efforts.

2. 1978

   Department of Energy Act of 1978—Civilian Applications

   Pub. L. 95–238 title II § 207(a) · 92 Stat. 47

   Added · 42 U.S.C. § 5906(a)(7)

   Pub. L. 95–238 added par. (7)

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 95–238 added par. (7).

   Enacted provision · exact public law section
   (a) Section 7(a) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5906) is amended— (1) by striking out “and” after the semicolon at the end of paragraph (5), (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof “; and”, and (3) by adding at the end thereof the following new paragraph: “(7) Federal loan guarantees and commitments thereof as provided in section 19.”. Infra.

3. 1986

   Congressional Reports Elimination Act of 1986

   Pub. L. 99–386 title I § 104(a) · 100 Stat. 821

   1. Struck · 42 U.S.C. § 5906(b)(7)

      Pub. L. 99–386 struck out subpar. (A) which related to submission of a report by Secretary to House and Senate, prior to establishment of any joint Federal-industry corporation pursuant to this chapter, setting forth in detail consistency of establishment of corporation with this section and section 5904 of this title, and proposed purpose and activities of corporation

   2. Struck · 42 U.S.C. § 5906(b)(7)

      Pub. L. 99–386 struck out subpar. (B) designation

   Source evidence

   Code amendment note
   Subsec. (b)(7). Pub. L. 99–386 struck out subpar. (A) which related to submission of a report by Secretary to House and Senate, prior to establishment of any joint Federal-industry corporation pursuant to this chapter, setting forth in detail consistency of establishment of corporation with this section and section 5904 of this title, and proposed purpose and activities of corporation, and struck out subpar. (B) designation.

   Enacted provision · exact public law section
   (a) Section 70b(7) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5906(b)(7)) is amended by— (1) striking out subparagraph (A); and (2) striking out the subparagraph designator “(B)”.

4. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 1009(b)(5)(A) · 119 Stat. 594

   Substituted · 42 U.S.C. § 5906(a)

   Pub. L. 109–58, § 1009(b)(5)(A), substituted “Secretary” for “Administrator” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–58, § 1009(b)(5)(A), substituted “Secretary” for “Administrator” in introductory provisions.

   Enacted provision · exact public law section
   (A) by striking “Administrator” each place it appears and inserting “Secretary”; and

5. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 1009(b)(5)(B) · 119 Stat. 594

   Substituted · 42 U.S.C. § 5906(a)(4)

   Pub. L. 109–58, § 1009(b)(5)(B), substituted “of this section” for “of the section”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 109–58, § 1009(b)(5)(B), substituted “of this section” for “of the section”.

   Enacted provision · exact public law section
   (B) in subsection (a)(4), by striking “of the section”.

6. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 1009(b)(5)(A) · 119 Stat. 594

   Substituted · 42 U.S.C. § 5906(b); 42 U.S.C. § 5906(c)

   Pub. L. 109–58, § 1009(b)(5)(A), substituted “Secretary” for “Administrator” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 109–58, § 1009(b)(5)(A), substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (A) by striking “Administrator” each place it appears and inserting “Secretary”; and

7 of 7 references resolved to an enrolled provision