(4) establish standard wind data collection and siting techniques; and (5) establish, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, and the Administrator of the Environmental Protection Agency, a national wind data center which shall make public information available on the known wind energy resources of various regions throughout the United States. (Pub. L. 96-345, § 7, Sept. 8, 1980, 94 Stat. 1143.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9203, 9207, 9213 of this title. § 9207. Criteria for program selection The Secretary shall set priorities which are, as far as possible, consistent with the intent and purposes of this chapter and which are set in accordance with the following criteria: (1) the construction, operation, and maintenance costs of wind energy systems shall be minimized; (2) programs established under this chapter shall be conducted with the express intent of bringing wind energy system costs down to a level competitive with energy costs from conventional energy systems; (3) priority shall be given in the conduct of programs established under this chapter to those projects in which cost-sharing funds are provided by private, industrial, agricultural, or governmental entities or utilities; and (4) to the extent that the Secretary is limited by the availability of funds to carry out the objectives of this chapter, priority, but not exclusive emphasis, should be given in the early years of the programs to activities under sections 9204 and 9206 of this title and in the later years of the programs to activities under section 9205 of this title. (Pub. L. 96-345, § 8, Sept. 8, 1980, 94 Stat. 1144.) § 9208. Administrative provisions (a) Monitoring of performance; collection and evaluation of data; studies, investigations, and special reports to Congress The Secretary, in coordination with such Government agencies as may be appropriate, shall (1) monitor the performance and operation of wind energy systems installed under this chapter; (2) collect and evaluate data and information on the performance and operation of wind energy systems installed under this chapter; and (3) from time to time carry out such studies and investigations and take such other actions, including the submission of special reports to the Congress when appropriate, as may be necessary to assure that the programs for which the Secretary is responsible under this chapter effectively carry out the purposes of this chapter. (b) Liaison The Secretary shall also maintain continuing liaison with related industries and interests and with the scientific and technical community in order to assure that the benefits of programs under this chapter are and will continue to be realized to the maximum extent feasible. (c) Availability of information The Secretary shall assure, subject to section 552 of title 5 and section 1905 of title 18, that full and complete information with respect to any program, project, or other activity conducted under this chapter is made available to Federal, State, and local authorities, relevant segments of the economy, the scientific community, and the public so that the early, widespread, and practical use of wind energy throughout the United States is promoted to the maximum extent feasible. (Pub. L. 96-345, § 9, Sept. 8, 1980, 94 Stat. 1144.) § 9209. Utilization of capabilities and facilities The Secretary shall utilize the technological and management capabilities, equipment, and facilities of the National Aeronautics and Space Administration to the maximum extent practicable in carrying out his duties under this chapter, and shall enter into such additional agreements with the Administrator of such Administration as may be necessary for this purpose. (Pub. L. 96-345, § 10, Sept. 8, 1980, 94 Stat. 1145.) § 9210. Analysis of applications of wind energy systems The Secretary shall (1) initiate and conduct a federal applications study for wind energy systems, cooperatively with appropriate Federal agencies to determine the potential for the use of wind systems at specific Federal facilities; and this study shall (A) include an analysis which determines those sites at which wind energy systems are economically competitive with the marginal costs of new conventional energy sources in the areas; (B) identify potential sites and uses of wind energy systems at the following agencies as well as any others which the Secretary deems necessary: (i) the Department of Defense; (ii) the Department of Transportation (including the United States Coast Guard, the Federal Aviation Administration, and the Federal Highway Administration); (iii) the Department of Commerce; (C) provide a preliminary report to the Congress within nine months after September 8, 1980; and (D) include the presentation of a detailed plan for the use of wind energy systems for power generation at specific sites in Federal Government agencies to the Congress within twelve months after September 8, 1980; (2) study the effects, at varying levels of market penetration, of the widespread utilization of wind energy systems on the existing electrical utility system; (3) determine the necessity for, and make recommendations to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives within eighteen months after September 8, 1980, on, the need for any additional incentives for either users or manufacturers, in each of the potential markets for wind energy systems, to accelerate the widespread utilization of wind energy technologies; (4) evaluate the actual performance of wind energy systems in various applications, including but not limited to residential, agricultural, large and small scale irrigation pumping, industrial, commercial, remote nonnetwork utility, and other applications, and report thereon to the Congress within two years after September 8, 1980; and (5) in carrying out his functions under this section, consult with the appropriate government agencies, industry representatives, and members of the scientific and technical community having expertise and interest in this subject. The Secretary, as appropriate, may merge any continuing or on-going studies within the Department of Energy or any other Federal agency with those required under this section to avoid any unnecessary duplication of effort or funding. (Pub. L. 96-345, § 11, Sept. 8, 1980, 94 Stat. 1145; Pub. L. 99-386, title I, § 104(b), Aug. 22, 1986, 100 Stat. 821.) AMENDMENTS 1986-Pars. (5), (6). Pub. L. 99-386 redesignated par. (6) as (5) and struck out former par. (5) which read as follows: "initiate and conduct a study involving the prospects for applications of wind energy systems for power generation in foreign countries, particularly lesser developed countries and the potential for the exploration of these energy systems. This study shall involve the cooperation of the Department of State and the Department of Commerce, as well as other Federal agencies which the Secretary deems appropriate. A final report shall be submitted to the Congress, as well as a preliminary report within twelve months of September 8, 1980; and". CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundredth Congress, Jan. 6, 1987. Committee on Science, Space, and Technology of House of Representatives changed to Committee on Science of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. § 9211. Encouragement and protection of small busi ness (a) Opportunities for participation in programs In carrying out his functions under this chapter, the Secretary shall take steps to assure that small business concerns will have realistic and adequate opportunities to participate in the programs under this chapter to the maximum extent practicable. (b) Protection of trade secrets and other proprietary information The Secretary shall, to the maximum extent practicable, use all authority provided by law to protect trade secrets and other proprietary information submitted by small business under this chapter and to avoid the unnecessary disclosure of such information. (c) Manufacture or sale of wind energy systems in compliance with antitrust laws; restriction against creation of noncompetitive market situations The Secretary shall take such steps as may be necessary to assure compliance with the antitrust laws in the conduct of activities related to the manufacture or sale of wind energy systems directly or indirectly assisted under this chapter and shall implement this chapter in a manner which will protect against the creation of noncompetitive market situations in the conduct of such activities. (Pub. L. 96-345, § 12, Sept. 8, 1980, 94 Stat. 1146.) REFERENCES IN TEXT The antitrust laws, referred to in subsec. (c), are classified generally to chapter 1 (§ 1 et seq.) of Title 15, Commerce and Trade. § 9212. General provisions (a) Additional projects or activities Nothing in this chapter shall be construed as preventing the Secretary from undertaking projects or activities in addition to those specified in this chapter if such projects or activities appropriately further the purposes set forth in this subsection.1 (b) Application to States, territories and possessions This chapter applies to each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands and the territories and possessions of the United States including the Trust Territory of the Pacific Islands. (Pub. L. 96-345, § 13, Sept. 8, 1980, 94 Stat. 1146.) TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 9213. Authorization of appropriations (a) There is authorized to be appropriated to the Secretary to carry out this chapter (1) for the fiscal year ending September 30, 1981, the sum of $100,000,000 (of which $10,000,000 shall be available exclusively for purposes of section 9206 of this title), and (2) for each fiscal year 1 So in original. Probably should be "chapter." 9304. 9305. 9306. 9307. 9308. 9309. 9310. 9311. 9312. Congressional findings and declaration of policy. Definitions. Program activities. (a) Development in areas where lack of knowledge limits magnetic fusion energy systems. (b) Research programs on plasma confinement, alternate confinement concepts, advanced fuels, and properties of materials likely to be used in construction of fusion engineering devices. (c) Fusion engineering device designs. (d) Operation of demonstration plant at turn of twenty-first century. (e) Assessment of factors in determining commercial introduction of magnetic fusion energy systems. Comprehensive program management plan; submittal to Congressional committees. Magnetic fusion engineering center. (a) Development plan. (b) Factors considered in formulation of development plan. (c) Report to Congressional committees. Technical panel on magnetic fusion. (a) Establishment. (b) Membership. (c) Compliance guidelines. (d) Duties. (e) Report to Energy Research Advisory Board. (f) Submission of report by Energy Research Advisory Board to Secretary. Program advisory committees. Technical manpower requirements; report to Authorization of appropriations; contract authority. § 9301. Congressional findings and declaration of policy (a) The Congress hereby finds that (1) the United States must formulate an energy policy designed to meet an impending worldwide shortage of many exhaustible, conventional energy resources in the next few decades; (2) the energy policy of the United States must be designed to ensure that energy tech nologies using essentially inexhaustible resources are commercially available at a time prior to serious depletion of conventional resources; (3) fusion energy is one of the few known energy sources which are essentially inexhaustible, and thus constitutes a long-term energy option; (4) major progress in all aspects of magnetic fusion energy technology during the past decade instills confidence that power production from fusion energy systems is achievable; (5) the United States must aggressively pursue research and development programs in magnetic fusion designed to foster advanced concepts and advanced technology and to develop efficient, reliable components and subsystems; (6) to ensure the timely commercialization of magnetic fusion energy systems, the United States must demonstrate at an early date the engineering feasibility of magnetic fusion energy systems; (7) progress in magnetic fusion energy systems is currently limited by the funds made available rather than technical barriers; (8) it is a proper role for the Federal Government to accelerate research, development, and demonstration programs in magnetic fusion energy technologies; and (9) acceleration of the current magnetic fusion program will require a doubling within seven years of the present funding level without consideration of inflation and a 25 per centum increase in funding each of fiscal years 1982 and 1983. (b) It is therefore declared to be the policy of the United States and the purpose of this chapter to accelerate the national effort in research, development, and demonstration activities related to magnetic fusion energy systems. Further, it is declared to be the policy of the United States and the purpose of this chapter that the objectives of such program shall be— (1) to promote an orderly transition from the current research and development program through commercial development; (2) to establish a national goal of demonstrating the engineering feasibility of magnetic fusion by the early 1990's; (3) to achieve at the earliest practicable time, but not later than the year 1990, operation of a magnetic fusion engineering device based on the best available confinement concept; (4) to establish as a national goal the operation of a magnetic fusion demonstration plant at the turn of the twenty-first century; (5) to foster cooperation in magnetic fusion research and development among government, universities, industry, and national laboratories; (6) to promote the broad participation of domestic industry in the national magnetic fusion program; (7) to continue international cooperation in magnetic fusion research for the benefit of all nations; (8) to promote greater public understanding of magnetic fusion; and (9) to maintain the United States as the world leader in magnetic fusion. (Pub. L. 96-386, § 2, Oct. 7, 1980, 94 Stat. 1539.) SHORT TITLE Section 1 of Pub. L. 96-386 provided: "That this Act [enacting this chapter] may be cited as the 'Magnetic Fusion Energy Engineering Act of 1980'." § 9302. Definitions For the purposes of this chapter (1) "fusion" means a process whereby two light nuclei, such as deuterium and tritium, collide at high velocity, forming a compound nucleus, which subsequently separates into constituents which are different from the original colliding nuclei, and which carry away the accompanying energy release; (2) "magnetic fusion" means the use of magnetic fields to confine a very hot, fully ionized gas of light nuclei, so that the fusion process can occur; (3) "energy system" means a facility designed to utilize energy released in the magnetic fusion process for the generation of electricity and the production of hydrogen or other fuels; (4) "fusion engineering device" means a magnetic fusion facility which achieves at least a burning plasma and serves to test components for engineering purposes; (5) "demonstration plant" means a prototype energy system which is of sufficient size to provide safety, environmental reliability, availability, and ready engineering extrapolation of all components to commercial size but which system need not be economically competitive with then alternative energy sources; and (6) "Secretary" means Secretary of Energy. (Pub. L. 96-386, § 3, Oct. 7, 1980, 94 Stat. 1540.) § 9303. Program activities (a) Development in areas where lack of knowledge limits magnetic fusion energy systems The Secretary shall initiate activities or accelerate existing activities in research areas in which the lack of knowledge limits magnetic fusion energy systems in order to ensure the achievement of the purposes of this chapter. (b) Research programs on plasma confinement, alternate confinement concepts, advanced fuels, and properties of materials likely to be used in construction of fusion engineering devices (1) The Secretary shall maintain an aggressive plasma confinement research program on the current lead concept to provide a full measure of support for the design, construction, and operation of the fusion engineering devices. (2) The Secretary shall maintain a broadly based research program on alternate confinement concepts and on advanced fuels at a sufficient level of funding to achieve optimal design of each successive magnetic fusion facility using the then best available confinement and fuel concept. (3) The Secretary shall ensure that research on properties of materials likely to be required for the construction of fusion engineering de vices is adequate to provide timely information for the design of such devices. (c) Fusion engineering device designs (1) The Secretary shall initiate design activities on a fusion engineering device using the best available confinement concept to ensure operation of such a device at the earliest practicable time, but not later than the year 1990. (2) The Secretary shall develop and test the adequacy of the engineering design of components to be utilized in the fusion engineering device. (d) Operation of demonstration plant at turn of twenty-first century The Secretary shall initiate at the earliest practical time each activity which he deems necessary to achieve the national goal for operation of a demonstration plant at the turn of the twenty-first century. (e) Assessment of factors in determining commercial introduction of magnetic fusion energy systems The Secretary shall continue efforts to assess factors which will determine the commercial introduction of magnetic fusion energy systems including, but not limited to (1) projected costs relative to other alternative energy sources; (3) safety-related design limitations; (5) limitations on the availability of strategic elements, such as helium, lithium, and special metals. (Pub. L. 96-386, § 4, Oct. 7, 1980, 94 Stat. 1540.) § 9304. Comprehensive program management plan; submittal to Congressional committees (a) The Secretary shall prepare a comprehensive program management plan for the conduct of the research, development, and demonstration activities under this chapter. Such plan shall include at a minimum (1) a presentation of the program strategy which will be used to achieve the purposes of this chapter; (2) a five-year program implementation schedule, including identification of detailed milestone goals, with associated budget and program resources requirements; (3) risk assessments; (4) supporting research and development needed to solve problems which may inhibit or limit development of magnetic fusion energy systems; and (5) an analysis of institutional, environmental, and economic considerations which are limiting the national magnetic fusion program. (b) The Secretary shall transmit the comprehensive program management plan to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than January 1, 1982. (Pub. L. 96-386, § 5, Oct. 7, 1980, 94 Stat. 1541.) CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundredth Congress, Jan. 6, 1987. Committee on Science, Space, and Technology of House of Representatives changed to Committee on Science of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9306 of this title. § 9305. Magnetic fusion engineering center (a) Development plan The Secretary shall develop a plan for the creation of a national magnetic fusion engineering center for the purpose of accelerating fusion technology development via the concentration and coordination of major magnetic fusion engineering devices and associated activities at such a national center. (b) Factors considered in formulation of development plan In developing the plan, the Secretary shall include relevant factors including, but not limited to (1) means of saving cost and time through the establishment of the national center relative to the cost and schedule currently projected for the program; (2) means of providing common facilities to be shared by many magnetic fusion concepts; (3) assessment of the environmental and safety-related aspects of the national center; (4) provisions for international cooperation in magnetic fusion activities at the national center; (5) provision of access to facilities for the broader technical involvement of domestic industry and universities in the magnetic fusion energy program; (6) siting criteria for the national center including a list of potential sites; (7) the advisability of establishing such a center considering all factors, including the alternative means and associated costs of pursuing such technology; and (8) changes in the management structure of the magnetic fusion program to allow more effective direction of activities related to the national center. (c) Report to Congressional committees The Secretary shall submit not later than July 1, 1981, a report to the House Committee on Science and Technology and the Senate Committee on Energy and Natural Resources characterizing the plan and setting forth the steps necessary for implementation of the plan, including any steps already implemented. (Pub. L. 96-386, § 6, Oct. 7, 1980, 94 Stat. 1541.) CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundredth Congress, Jan. 6, 1987. Committee on Science, Space, and Tech nology of House of Representatives changed to Committee on Science of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. § 9306. Technical panel on magnetic fusion (a) Establishment A technical panel on magnetic fusion of the Energy Research Advisory Board shall be established to review the conduct of the national magnetic fusion energy program. (b) Membership (1) The technical panel shall be comprised of such representatives from domestic industry, universities, government laboratories, and other scientific and technical organizations as the Chairman of the Energy Research Advisory Board deems appropriate based on his assessment of the technical qualifications of each such representative. (2) Members of the technical panel need not be members of the full Energy Research Advisory Board. (c) Compliance guidelines The activities of the technical panel shall be in compliance with any laws and regulations guiding the activities of technical and fact-finding groups reporting to the Energy Research Advisory Board. (d) Duties The technical panel shall review and may make recommendations on the following items, among others: (1) the preparation of the five-year program plan prepared pursuant to section 9304 of this title; (2) the type of future facilities needed to meet the goals of this chapter along with their projected completion dates; (3) the adequacy of participation by universities and industry in the program; (4) the adequacy of international cooperation in magnetic fusion and any problems associated therewith; and (5) institutional, environmental, and economic factors limiting, or prospectively limiting, efforts to achieve commercial application of magnetic fusion energy systems. (e) Report to Energy Research Advisory Board The technical board shall submit to the Energy Research Advisory Board on at least a triennial basis a written report of its findings and recommendations with regard to the magnetic fusion program. (f) Submission of report by Energy Research Advisory Board to Secretary After consideration of the technical panel report, the Energy Research Advisory Board shall submit such report, together with any comments such Board deems appropriate, to the Secretary. (Pub. L. 96-386, § 7, Oct. 7, 1980, 94 Stat. 1542.) TERMINATION OF ADVISORY PANELS Advisory panels established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year |