42 U.S.C. § 5878a — Funding and encouragement of small

Page 6623 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5878a 1 So in original. The comma probably should not appear. § 5877. Reports to President for submission to Congress (a) Report by Administrator on activities of Ad- ministration The Administrator shall, as soon as prac- ticable after the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Administration during the preceding fiscal year. Such report shall include a statement of the short-range and long-range goals, priorities, and plans of the Ad- ministration together with an assessment of the progress made toward the attainment of those objectives and toward the more effective and ef- ficient management of the Administration and the coordination of its functions. (b) Review of desirability and feasibility of trans- ferring functions of Administrator respecting military application and restricted data to Department of Defense or other Federal agencies; report by Administrator During the first year of operation of the Ad- ministration, the Administrator, in collabora- tion with the Secretary of Defense, shall con- duct a thorough review of the desirability and feasibility of transferring to the Department of Defense or other Federal agencies the functions of the Administrator respecting military appli- cation and restricted data, and within one year after the Administrator first takes office the Administrator shall make a report to the Presi- dent, for submission to the Congress, setting forth his comprehensive analysis, the principal alternatives, and the specific recommendations of the Administrator and the Secretary of De- fense. (c) Report by Commission on activities of Com- mission The Commission shall, as soon as practicable after the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Commission during the preceding fiscal year. Such report shall include a clear statement of the short-range and long- range goals, priorities, and plans of the Commis- sion as they relate to the benefits, costs, and risks of commercial nuclear power. Such report shall also include a clear description of the Com- mission’s activities and findings in the following areas— (1) insuring the safe design of nuclear power- plants and other licensed facilities; (2) investigating abnormal occurrences and defects in nuclear powerplants and other li- censed facilities; (3) safeguarding special nuclear materials at all stages of the nuclear fuel cycle; (4) investigating suspected, attempted, or actual thefts of special nuclear materials in the licensed sector and developing contin- gency plans for dealing with such incidents; (5) insuring the safe, permanent disposal of high-level radioactive wastes through the li- censing of nuclear activities and facilities; (6) protecting the public against the hazards of low-level radioactive emissions from li- censed nuclear activities and facilities. (Pub. L. 93–438, title III, § 307, Oct. 11, 1974, 88 Stat. 1251.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to submission of annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 10th item on page 186 of House Document No. 103–7. TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. DESCRIPTION IN REPORT RESPECTING DECONTAMINATION, ETC., COLLABORATIVE EFFORTS AT THREE MILE IS- LAND UNIT 2 Pub. L. 97–415, § 10(c), Jan. 4, 1983, 96 Stat. 2071, di- rected the Nuclear Regulatory Commission to include in its annual report to Congress under subsec. (c) of this section as a separate chapter a description of the collaborative efforts by the Commission and the De- partment of Energy with respect to the decontamina- tion, cleanup, repair, or rehabilitation of facilities at Three Mile Island Unit 2. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. § 5878. Information to Congressional committees The Administrator shall keep the appropriate congressional committees fully and currently informed with respect to all of the Administra- tion’s activities. (Pub. L. 93–438, title III, § 308, Oct. 11, 1974, 88 Stat. 1252.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. § 5878a. Funding and encouragement of small business; information for inclusion in report The Secretary of Energy shall,1 include, in the report required by section 204(b) of the Depart- ment of Energy Act of 1978—Civilian Applica- tions (42 U.S.C. 7256, note; 92 Stat. 60), informa- tion detailing the extent to which small busi- ness and nonprofit organizations are being fund- ed by the nonnuclear research, development, and demonstration programs of the Secretary of En- ergy, and the extent to which small business in- volvement pursuant to section 5801(d) of this title is being encouraged by the Secretary of En- ergy. (Pub. L. 94–187, title III, § 308, Dec. 31, 1975, 89 Stat. 1074; Pub. L. 96–470, title II, § 203(e), Oct. 19, 1980, 94 Stat. 2243.) Page 6624 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5879 Editorial Notes REFERENCES IN TEXT Section 204(b) of the Department of Energy Act 1978— Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60), referred to in text, is section 204(b) of Pub. L. 95–238, title II, Feb. 25, 1978, 92 Stat. 59, which is set out as a note under section 7256 of this title. CODIFICATION Section was not enacted as a part of the Energy Reor- ganization Act of 1974 which comprises this chapter. AMENDMENTS 1980—Pub. L. 96–470 substituted ‘‘include, in the re- port required by section 204(b) of the Department of En- ergy Act of 1978—Civilian Applications, information’’ for ‘‘by June 30, 1976, and by the end of each fiscal year thereafter, submit a report to the Committee on Science and Technology of the House of Representa- tives and the Committee on Interior and Insular Affairs of the Senate’’ and ‘‘Secretary of Energy’’ for ‘‘Admin- istrator’’ wherever appearing. § 5879. Transfer of funds The Administrator, when authorized in an ap- propriation Act, may, in any fiscal year, trans- fer funds from one appropriation to another within the Administration; except, that no ap- propriation shall be either increased or de- creased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year. (Pub. L. 93–438, title III, § 309, Oct. 11, 1974, 88 Stat. 1252.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. SUBCHAPTER IV—SEX DISCRIMINATION § 5891. Sex discrimination prohibited No person shall on the ground of sex be ex- cluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any subchapter of this chapter. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee. (Pub. L. 93–438, title IV, § 401, Oct. 11, 1974, 88 Stat. 1254.) Editorial Notes REFERENCES IN TEXT Any subchapter of this chapter, referred to in text, was in the original ‘‘any title of this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which enacted this chapter, amended sections 5313 to 5316 of Title 5, Government Organization and Employees, repealed sec- tions 2031 and 2032 of this title, and enacted provisions set out as notes under section 5801 of this title. The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to sub- chapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. CHAPTER 74—NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT Sec. 5901. Congressional statement of findings. 5902. Congressional declaration of policy and pur- pose; implementation and administration of program by Secretary of Energy. 5903. Duties and authorities of the Secretary. 5903a. Nonduplication of programs, projects, and re- search facilities. 5903b. Environmental and safety research, develop- ment, and demonstration program. 5903c. Moneys received by Secretary from fossil en- ergy activity; payment into Treasury; re- ports to House and Senate Committees. 5903d. Clean coal technology projects; proposals, im- plementation, funding, etc. 5904. Research, development, and demonstration program governing principles. 5905. Comprehensive planning and programming. 5906. Federal assistance and participation in pro- grams. 5907. Demonstration projects. 5907a. Small grant program. 5908. Patents and inventions. 5909. Relationship to antitrust laws. 5910. Repealed. 5911. Acquisition of essential materials. 5912. Water resource assessments. 5913. Evaluation by National Institute of Stand- ards and Technology of energy-related in- ventions prior to awarding of grants by Sec- retary; promulgation of regulations. 5914. Omitted. 5915. Authorization of appropriations. 5915a. Expiration of initial authorization to con- struct fossil energy demonstration plants. 5916. Central source of nonnuclear energy informa- tion. 5917 to 5920. Repealed. § 5901. Congressional statement of findings The Congress hereby finds that— (a) The Nation is suffering from a shortage of environmentally acceptable forms of energy. (b) Compounding this energy shortage is our past and present failure to formulate a com- prehensive and aggressive research and develop- ment program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies. (c) The urgency of the Nation’s energy chal- lenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation under- take a research, development, and demonstra- tion program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next dec- ade.