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U.S. Code as of:
01/19/04
Section 5904. Research, development, and demonstration program governing principles
(a) The Congress authorizes and directs that the comprehensive
program in research, development, and demonstration required by
this chapter shall be designed and executed according to the
following principles:
(1) Energy conservation shall be a primary consideration in the
design and implementation of the Federal nonnuclear energy
program. For the purposes of this chapter, energy conservation
means both improvement in efficiency of energy production and
use, and reduction in energy waste.
(2) The environmental and social consequences of a proposed
program shall be analyzed and considered in evaluating its
potential.
(3) Any program for the development of a technology which may
require significant consumptive use of water after the technology
has reached the stage of commercial application shall include
thorough consideration of the impacts of such technology and use
on water resources pursuant to the provisions of section 5912 of
this title.
(4) Heavy emphasis shall be given to those technologies which
utilize renewable or essentially inexhaustible energy sources.
(5) The potential for production of net energy by the proposed
technology at the stage of commercial application shall be
analyzed and considered in evaluating proposals.
(b) The Congress further directs that the execution of the
comprehensive research, development, and demonstration program
shall conform to the following principles:
(1) Research and development of nonnuclear energy sources shall
be pursued in such a way as to facilitate the commercial
availability of adequate supplies of energy to all regions of the
United States.
(2) In determining the appropriateness of Federal involvement
in any particular research and development undertaking, the
Secretary shall give consideration to the extent to which the
proposed undertaking satisfies criteria including, but not
limited to, the following:
(A) The urgency of public need for the potential results of
the research, development, or demonstration effort is high, and
it is unlikely that similar results would be achieved in a
timely manner in the absence of Federal assistance.
(B) The potential opportunities for non-Federal interests to
recapture the investment in the undertaking through the normal
commercial utilization of proprietary knowledge appear
inadequate to encourage timely results.
(C) The extent of the problems treated and the objectives
sought by the undertaking are national or widespread in their
significance.
(D) There are limited opportunities to induce non-Federal
support of the undertaking through regulatory actions, end use
controls, tax and price incentives, public education, or other
alternatives to direct Federal financial assistance.
(E) The degree of risk of loss of investment inherent in the
research is high, and the availability or risk capital to the
non-Federal entities which might otherwise engage in the field
of the research is inadequate for the timely development of the
technology.
(F) The magnitude of the investment appears to exceed the
financial capabilities of potential non-Federal participants in
the research to support effective efforts.
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