Part B—Electricity Generation and Use
§13471. Renewable energy
(a) Program direction
The Secretary shall conduct a comprehensive 5-year program, in accordance with
(b) Program plan
Within 180 days after October 24, 1992, the Secretary shall prepare and submit to the Congress a 5-year program plan to guide the activities under this section. In preparing the program plan, the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies.
(c) Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this section, including all solar energy programs (other than activities under
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§13472. High efficiency heat engines
(a) Program direction
The Secretary shall conduct a 5-year program, in accordance with
(1) include field demonstrations of sufficient scale and number so as to demonstrate technical and economic feasibility;
(2) incorporate materials that increase engine efficiency; and
(3) cover advanced engine designs for electric and industrial power generation for a range of small-, mid-, and large-scale applications, including—
(A) mechanically recuperated gas turbines;
(B) intercooled gas turbines with steam injection or recuperation;
(C) gas turbines utilizing reformed fuels or hydrogen; and
(D) high efficiency, simple cycle gas turbines.
(b) Program goal
The goal of the program established under subsection (a) of this section shall be to develop heat engines that can achieve over 50 percent efficiency in the mid-term.
(c) Program plan
Within 180 days after October 24, 1992, the Secretary shall prepare and submit to the Congress a 5-year program plan, to be included in the plan required under
(d) Proposals
Within 1 year after October 24, 1992, the Secretary shall solicit proposals for conducting activities under this section.
(e) Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary to be derived from sums authorized under
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§13473. Civilian nuclear waste
(a) Study
The Secretary shall conduct a study of the potential for minimizing the volume and toxic lifetime of nuclear waste, including an analysis of the viability of existing technologies and an assessment of the extent of research and development required for new technologies.
(b) Program
Based on the results of the study required under subsection (a) of this section, the Secretary shall prepare and submit to Congress a 5-year program plan for carrying out a program of research and development on new technologies for minimizing the volume and toxic lifetime of, and thereby mitigating hazards associated with, nuclear waste.
(c) Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this section $4,700,000 for fiscal year 1993 and such sums as may be necessary for fiscal year 1994.
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§13474. Fusion energy
(a) Program
The Secretary shall conduct a fusion energy 5-year program, in accordance with
(b) Program goals
The goals of the program established under subsection (a) of this section shall include—
(1) a broad based fusion energy program;
(2) United States participation in the Engineering Design Activity of the International Thermonuclear Experimental Reactor (ITER) program and in the related research and technology development efforts;
(3) the development of technology for fusion power and industrial participation in the development of such technology;
(4) the design and construction of a major new machine for fusion research and technology development consistent with paragraphs (2) and (3); and
(5) research and development for Inertial Confinement Fusion Energy and development of a Heavy Ion Inertial Confinement Fusion experiment.
(c) Management plan
(1) Within 180 days after October 24, 1992, the Secretary shall prepare a comprehensive management plan for the fusion energy program. The plan shall include specific program objectives, milestones and schedules for technology development, and cost estimates and program management resource requirements.
(2) The plan shall also include a description of—
(A) United States participation in the Engineering Design Activity of ITER, including industrial participation;
(B) potential United States participation in the construction and operation of an ITER facility; and
(C) the requirements needed to build and test an inertial fusion energy reactor for the purpose of power production.
(3) As part of the plan required under paragraph (1), the Secretary shall evaluate the status of international fusion programs and evaluate whether the Federal Government should initiate efforts to strengthen existing international cooperative agreements in fusion energy or enter into new cooperative agreements to accomplish the purposes of this section.
(4) The plan shall also evaluate the extent to which university or private sector participation is appropriate or necessary in order to carry out the purposes of this section.
(5) The President shall include in the budget submitted to the Congress each year under
(d) Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this section $339,710,000 for fiscal year 1993 and $380,000,000 for fiscal year 1994.
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Amendments
1995—Subsec. (c)(5).
§13475. Fuel cells
(a) Program direction
The Secretary shall conduct a 5-year program, in accordance with
(b) Program goal
The goal of the program established under subsection (a) of this section is the development of cost-effective, efficient, and environmentally benign fuel cell systems which will operate on fossil fuels in multiple end use sectors.
(c) Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this section $51,555,000 for fiscal year 1993 and $56,000,000 for fiscal year 1994.
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§13476. Environmental restoration and waste management program
(a) Authorization of appropriations
There are authorized to be appropriated to the Secretary for fiscal year 1993 $70,000,000 for the Fast Flux Test Facility to maintain the operational status of the reactor, such sums to be derived from amounts appropriated to the Secretary for the environmental restoration and waste management program.
(b) Long-term missions
The Secretary shall aggressively pursue the development and implementation of long-term missions for the Fast Flux Test Facility. Within 6 months after October 24, 1992, the Secretary shall submit to the Congress a report on the progress made in carrying out this subsection.
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§13477. High-temperature superconductivity program
(a) Program
The Secretary shall carry out a 5-year program, in accordance with
(1) activities that address the development of high-temperature superconducting materials that have increased electrical current capacity, which shall be the emphasis of the program for the near-term;
(2) the development of prototypes, where appropriate, of the major elements of a superconducting electric power system such as motors, generators, transmission lines, transformers, and magnetic energy storage systems;
(3) activities that will improve the efficiency of materials performance of higher temperatures and at all magnetic field orientations;
(4) development of prototypes based on high-temperature superconducting wire, that operate at the highest temperature possible, and refrigeration systems using cryogenics such as nitrogen;
(5) activities that will assist the private sector with designs for more efficient electric power generation and delivery systems which are cost competitive with conventional energy systems; and
(6) development of prototypes that have application in both the commercial and defense sectors.
The Secretary is also encouraged to expedite government, laboratory, industry, and university collaborative agreements under existing mechanisms at the Department of Energy in coordination with other Federal agencies.
(b) Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this section $21,900,000 for fiscal year 1993 and such sums as may be necessary for subsequent fiscal years, to be derived from sums authorized under
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§13478. Electric and magnetic fields research and public information dissemination program
(a) Program
The Secretary shall, in accordance with this section (including the agenda developed under subsection (d)(1)(A) of this section) and within 2 months after October 24, 1992, establish a comprehensive program to—
(1) determine whether or not exposure to electric and magnetic fields produced by the generation, transmission, and use of electric energy affects human health;
(2) carry out research, development, and demonstration with respect to technologies to mitigate any adverse human health effects; and
(3) provide for dissemination of information described in subsection (b)(1) of this section to the public.
(b) Contents
The program shall provide for—
(1) collection, compilation, publication, and dissemination of scientifically valid information on—
(A) possible human health effects of electric and magnetic fields;
(B) the types and extent of human exposure to electric and magnetic fields in various occupational and residential settings;
(C) technologies to measure and characterize electric and magnetic fields; and
(D) methods to assess and manage exposure to electric and magnetic fields;
(2)(A) research on mechanisms by which electric and magnetic fields interact with biological systems; and
(B) epidemiological research on the possible human health effects of electric and magnetic fields; and
(3) research, development, and demonstration with respect to—
(A) technologies to improve the measurement and characterization of electric and magnetic fields; and
(B) techniques to assess and manage exposure to electric and magnetic fields.
(c) Role of Director
(1) Role of Director
The Secretary of Health and Human Services, acting through the Director, shall have sole responsibility under the program for research on possible human health effects of electric and magnetic fields. The Director may delegate this responsibility to the extent the Director determines appropriate.
(2) Agreement
Within 6 months after October 24, 1992, the Secretary shall enter into an agreement with the Secretary of Health and Human Services to carry out, through the Director, the information activities under subsection (b)(1)(A) of this section and the research under subsection (b)(2) of this section.
(3) Actions of Director
The actions of the Director in carrying out research and information responsibilities under this section shall not be subject to approval by the Secretary.
(4) Transfer of funds
The Secretary is authorized, subject to appropriations Acts, to transfer funds to the Director to carry out the Director's responsibilities under paragraph (2).
(5) Report
The Director shall report, by June 1, 1995, and by March 31, 1998, and as appropriate, to the Interagency Committee established under subsection (d) of this section and to Congress the findings and conclusions of the Director on the extent to which exposure to electric and magnetic fields produced by the generation, transmission, or use of electric energy affects human health.
(d) Interagency Committee
(1) The President shall, within 2 months after October 24, 1992, establish the Electric and Magnetic Fields Interagency Committee to—
(A) develop within 8 months after October 24, 1992, a comprehensive agenda for conducting research, development, and demonstration under the program, with particular emphasis on electric and magnetic fields of the 60 hertz frequency;
(B) develop recommendations, within 8 months after October 24, 1992, for guidelines for the coordination of activities of Federal agencies engaged in research on human health effects of electric and magnetic fields that ensure that such research advances the agenda under subparagraph (A) and is not unnecessarily duplicative of other research activities;
(C) develop recommendations, within 8 months after October 24, 1992, for mechanisms for communication of the results of the program to the public, including recommendations on the scope and nature of the information to be disseminated; and
(D) monitor, review and periodically evaluate the program.
(2)(A) The Interagency Committee shall be composed of 9 members with 1 member to be appointed from each of the following:
(i) The Department of Energy.
(ii) The National Institute of Environmental Health Sciences.
(iii) The Environmental Protection Agency.
(iv) The Department of Defense.
(v) The Occupational Safety and Health Administration.
(vi) The National Institute of Standards and Technology.
(vii) The Department of Transportation.
(viii) The Rural Electrification Administration.
(ix) The Federal Energy Regulatory Commission.
(B) The Interagency Committee shall elect a chairperson from among its members who shall be responsible for ensuring that the duties of the Interagency Committee are carried out.
(C) Agencies that have members on the Interagency Committee shall provide appropriate staff to carry out the duties of the Interagency Committee.
(e) Advisory Committee
(1) Not later than 2 months after October 24, 1992, the Secretary of Health and Human Services and the Secretary shall establish the National Electric and Magnetic Fields Advisory Committee in accordance with the Federal Advisory Committee Act [5 U.S.C. App.] and this section.
(2) The Advisory Committee shall make recommendations to the Interagency Committee with respect to the duties of the Interagency Committee under subsection (d)(1) of this section and advise the Secretary and the Director with respect to the design and implementation of the program, including preparation of solicitations for proposals to conduct research under the program.
(3) The Advisory Committee shall be composed of 10 members, chosen from among experts in possible human health effects of electric and magnetic fields, experts in the measurement and characterization of electric and magnetic fields, experts in the assessment and management of electric and magnetic fields, State regulatory agencies, State health agencies, electric utilities, electric equipment manufacturers, labor unions and the public. Five members shall be chosen by the Secretary of Health and Human Services in consultation with the Director, and 5 members shall be chosen by the Secretary.
(4) The Advisory Committee shall elect a chairperson from among its members who shall be responsible for ensuring that the duties of the Advisory Committee are carried out.
(5) The Advisory Committee shall terminate not later than December 31, 1998.
(f) Financial assistance
(1) The Secretary and the Director may provide financial assistance and enter into contracts to conduct activities under the program.
(2) The Secretary shall solicit contributions from non-Federal sources to offset at least 50 percent of the total funding for all activities under the program. The Secretary shall adopt procedures, including a mechanism for collecting contributions, that ensures that no contributor of non-Federal funds may influence the program.
(3) The Secretary may not obligate funds under this section in any fiscal year unless funds received from non-Federal sources under paragraph (2) are available to offset at least 50 percent of the appropriations made under subsection (j) of this section for such fiscal year.
(4)
(A)
(B)
(C)
(g) Reports
(1) Report upon completion of activity
Any person who conducts activities under the program shall, upon completion of the activity, submit to the National Academy of Sciences, the Interagency Committee, and the Advisory Committee a report summarizing the activities and results thereof.
(2) Report to Interagency Committee and Advisory Committee
The Secretary shall enter into appropriate arrangements with the National Academy of Sciences under which the Academy shall periodically submit to the Interagency Committee and the Advisory Committee a report that evaluates the research activities under the program. The report shall include recommendations to promote the effective transfer of information derived from such research projects, including the transfer to representatives of State regulatory agencies, State health agencies, electric utilities, electrical equipment manufacturers, labor unions, and the public. The Secretary shall be responsible for expenses incurred by the Academy in connection with the preparation of such reports.
(3) Report to Congress
The Interagency Committee, in consultation with the Advisory Committee, shall submit to the Secretary and the Congress—
(A) not later than December 31, 1995, a report summarizing the progress of the research program established under this subsection; and
(B) not later than September 30, 1998, a final report stating the Committee's findings and conclusions on the effects, if any, of electric and magnetic fields on human health and remedial actions, if any, that may be needed to minimize any such health effects.
(h) Conflicts of interest
The Secretary and the Director shall include conflict of interest provisions in any grant or other funding provided, or contract entered into, under the research program established under this section including provisions—
(1) that require any person conducting a project under such program to disclose any other source of funding received by the person to conduct other related projects, including funding received from consulting on issues relating to electric and magnetic fields; and
(2) that prohibit a person who has been awarded a grant or contract under this program from receiving compensation beyond expenses for testifying in a court of law as an expert on the specific research the person is conducting under such grant or contract.
(i) Definitions
For purposes of this section:
(1) The term "Advisory Committee" means the National Electric and Magnetic Fields Advisory Committee established under subsection (e) of this section.
(2) The term "Interagency Committee" means the Electric and Magnetic Fields Interagency Committee established under subsection (d) of this section.
(3) The term "Director" means the Director of the National Institute of Environmental Health Sciences.
(4) The term "program" means the electric and magnetic fields research and public information dissemination program established in subsection (a) of this section.
(5) The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other commonwealth, territory, or possession of the United States.
(j) Authorization of appropriations
(1) General authorization
There are authorized to be appropriated to the Secretary a total of $46,000,000 for the period encompassing fiscal years 1993 through 1998 to carry out the provisions of this section, except that not more than $1,000,000 may be expended in any such fiscal year for activities under subsection (b)(1) of this section. Any amounts appropriated pursuant to this paragraph shall remain available until expended.
(2) Restrictions on use of funds
(A) Administrative expenses of certain funding recipients
Of the total funds provided to any institution under this section, the amount of such funds that may be used for the administrative indirect costs of the institution may not exceed 26 percent of the modified direct costs of the project.
(B) Administrative expenses of the Secretary and the Director
Of the total amount of funds made available under this section for any fiscal year, not more than 10 percent of such funds may be used for authorized administrative expenses of the Secretary and the Director in carrying out this section.
(C) Construction and rehabilitation of facilities and equipment
Funds made available under this section may not be used for the construction or rehabilitation of facilities or fixed equipment.
(k) Sense of Congress
It is the sense of the Congress that remedial action taken by the Government on electric and magnetic fields, if and as necessary, should be based on, and consistent with, scientifically valid research such as the results and findings of the research authorized by this Act.
(l) Sunset provision
All authority under this section shall expire on December 31, 1998.
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References in Text
The Federal Advisory Committee Act, referred to in subsec. (e)(1), is
This Act, referred to in subsec. (k), is
Amendments
1997—Subsecs. (c)(5), (e)(5), (g)(3)(B).
Subsec. (j)(1).
Subsec. (l).
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§13479. Spark M. Matsunaga Renewable Energy and Ocean Technology Center
(a) Findings
The Congress finds that—
(1) the late Spark M. Matsunaga, United States Senator from Hawaii, was a longstanding champion of research and development of renewable energy, particularly wind and ocean energy, photovoltaics, and hydrogen fuels;
(2) it was Senator Matsunaga's vision that renewable energy could provide a sustained source of non-polluting energy and that such forms of alternative energy might ultimately be employed in the production of liquid hydrogen as a transportation fuel and energy storage medium available as an energy export;
(3) Senator Matsunaga also believed that research on other aspects of renewable energy and ocean resources, such as advanced materials, could be crucial to full development of energy storage and conversion systems; and
(4) Keahole Point, Hawaii is particularly well-suited as a site to conduct renewable energy and associated marine research.
(b) Purpose
It is the purpose of this section to establish the facilities and equipment located at Keahole Point, Hawaii as a cooperative research and development facility, to be known as the Spark M. Matsunaga Renewable Energy and Ocean Technology Center.
(c) Establishment
The facilities and equipment located at Keahole Point, Hawaii are established as the Spark M. Matsunaga Renewable Energy and Ocean Technology Center (in this section referred to as the "Center").
(d) Administration
(1) Not later than 180 days after October 24, 1992, the Secretary may authorize a cooperative agreement with a qualified research institution to administer the Center.
(2) For the purpose of paragraph (1), a qualified research institution is a research institution located in the State of Hawaii that has demonstrated competence and will be the lead organization in the State in renewable energy and ocean technologies.
(e) Activities
The Center may carry out research, development, educational, and technology transfer activities on—
(1) renewable energy;
(2) energy storage, including the production of hydrogen from renewable energy;
(3) materials applications related to energy and marine environments;
(4) other environmental and ocean research concepts, including sea ranching and global climate change; and
(5) such other matters as the Secretary may direct.
(f) Matching funds
To be eligible for Federal funds under this section, the Center must provide funding in cash or in kind from non-Federal sources for each amount provided by the Secretary.
(g) Authorization of appropriations
There is authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary, to be derived from sums authorized under
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