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26 USC 3304 note. Emergency benefit period.

Notice, publication in Federal Register.

26 USC 3304 note.

Emergency comp e n s a t i o n account, formula.

Restriction.

PUBLIC LAW 93-572-DEC. 31, 1974

[88

STAT.

(2) For purposes of subsection (b)(1)(B), an individual shall be deemed to have exhausted his rights to extended compensation under a State law when no payments of extended compensation under a State law can be made under such law because such individual has received all the extended compensation available to him from his extended compensation account (as established under State law in accordance with section 202(b)(1) of the Federal-State Extended Unemployment Compensation Act of 1970). (3)(A)(i) For purposes of subsection (b)(2)(A), in the case of any State, an emergency benefit period— (I) shall begin with the third week after a week for which there is a State "emergency on" indicator; and ( II) shall end with the third week after the first week for which there is a State "emergency off" indicator. (ii) I n the case of any State, no emergency benefit period shall last for a period of less than 26 consecutive weeks. (iii) When a determination has been made that an emergency benefit period is beginning or ending with respect to any State,, the Secretary shall cause notice of such determination to be published in the Federal Register. (B)(i) For purposes of subparagraph (A), there is a State "emergency on" indicator for a week if there is a State or National "on" indicator for such week (as determined under subsections (d) and (e) of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970). (ii) For purposes of subparagraph (A), there is a State "emergency off" indicator for a week if there is both a State and a National "off" indicator for such week (as determined under subsections (d) and (e) of the Federal-State Extended Unemployment Compensation Act of 1970). (d) For purposes of any agreement under this Act— (1) the amount of the emergency compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to him during his benefit year under the State law; and (2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall (except where inconsistent with the provisions of this Act or regulations of the Secretary promulgated to carry out this Act) apply to claims for emergency compensation and the payment thereof. (e)(1) Any agreement under this Act with a State shall provide that the State will establish, for each eligible individual who files an application for emergency compensation, an emergency compensation account. (2) The amount established in such account for any individual shall be equal to the lesser of-— (A) 50 per centum of the total amount of regular compensation (including dependents' allowances) payable to him with respect to the benefit year (as determined under the State law) on the basis of which he most recently received regular compensation; or (B) thirteen times his average weekly benefit amount (as determined for purposes of section 202(b)(1)(C) of the Federal-State Extended Unemployment Compensation Act of 1970) for his benefit year. (f)(1) No-emergency compensation shall be payable to any individual under an agreement entered into under this Act for any week beginning before whichever of the following is the latest:

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(A) the first week which begins after December 31, 1974, (B) the week following the week in which such agreement is entered into, or (C) the first week which begins after the date of the enactment of this Act. (2) No emergency compensation shall be payable to any individual under an agreement entered into under this Act for any week ending Q -IT-pT*

(A) December 31, 1976, or (B) March 31, 1977, in the case of an individual who (for a week ending before January 1, 1977) had a week with respect to which emergency compensation was payable under such agreement. P A Y M E N T S TO STATES H A VI N G A G R E E M E N T S FOR THE P A Y M E N T EMERGENCY COMPENSATION

OF

SEC. 103. (a) There shall be paid to each State which has entered into an agreement under this Act an amount equal to 100 per centum of the emergency compensation paid to individuals by the State pursuant to such agreement. (b) No payment shall be made to any State under this section in respect of compensation for which the State is entitled to reimbursement under the provisions of any Federal law other than this Act. (c) Sums payable to any State by reason of such State's having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which would have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. FINANCING

26 USC 3304 note.

PROVISIONS

SEC. 104. (a)(1) Funds in the extended unemployment compensa- ^e use 3304 tion account (as established by section 905 of the Social Security Act) "°42'use 1105. of the Unemployment Trust Fund shall be used for the making of payments to States having agreements entered into under this Act. (2) The Secretary shall from time to time certify to the Secretary Payment certiacation of the Treasury for payment to each State the sums payable to such ^°""". State under this Act. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) to the account of such State in the Unemployment Trust Fund. (b) There are hereby authorized to be appropriated, without fiscal year limitation, to the extended unemployment compensation account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of this Act. Amounts appropriated as repayable advances and paid to the States under section 103 shall be repaid, without interest, as provided in section 905(d) of the Social Security Act.

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DEFINITIONS 26 USC 3304

26 USC 3304 note.

26 USC 3304 note.

SE(". 105. For purposes of this Act— (1) the terms "compensation", "regular compensation", ''extended compensation", "base period", "benefit year", "State", "State agency", "State law", and "week" shall have the meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970; (2) the term "period of eligibility" means, in the case of any individual, the weeks in his benefit year which begin in an extended benefit period or an emergency benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period or in such emergency benefit period; and (3) the term "extended benefit period" shall have the meaning assigned to such term under section 203 of the Federal-State Extended Unemployment Compensation Act of 1970. For purposes of any State law which refers to an extension under Federal law of the duration of benefits under the Federal-State Extended Unemployment Compensation Act of 1970, this Act shall be treated as amendatory of such Act. E X T E N S I O N o r WAIVER OF 1 2 0 - P E R C E N T R E Q U I R E M E N i ' FOR PURPOSES OF EXTENDED C O M P E N S A T I O N PROGRAM

Ante,

p. 420.

SEC. 106. The last sentence of section 203(e)(2) of the Federal-State Extended Unemployment Compensation Act of 1970, as amended, is amended by striking out "April 30, 1975" and inserting in lieu thereof "December 31, 1976". TEMPORARY REDUCTION I N N A T I O N A L TRIGGER

SEC. 107. Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 is amended by adding at the end thereof the following new sentence: "Efi^ective with respect to compensation for weeks of unemployment beginning before December 31, 1976, and beginning after December 31, 1974 (or, if later, the date established pursuant to State law), the State may by law provide that the determination of whether there has been a national 'on' or 'off' indicator beginning or ending any extended benefit period shall be made under this subsection as if the phrase '4,5 per centum', contained in paragraphs (1) and (2), read '4 per centum'." PROVISION FOR F I N A N C I N G TEMPORARY REDUCTION I N N A T I O N A L TRIGGER 26 USC 3304 note.

Supra,

Ante, p. 420. 26 USC 3304 note.

SEC. 108. Section 204(a) of the Federal-State Extended Unemployment Compensation Act of 1970 is amended by adding at the end thereof the following new paragraph: " (3) I n the case of compensation which is sharable extended compensation or sharable regular compensation by reason of the provision contained in the last sentence of section 203(d), the first paragraph of this subsection shall be applied as if the words 'one-half o f read '100 per centum o f but only with respect to compensation that would not have been payable if the State law's provisions as to the State 'on' and 'off' indicators omitted the 120 percent factor as provided for by Public Law 93-368 and by section 106 of this Act." Approved December 31, 1974.

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PUBLIC LAW 93-573-DEC. 31, 1974

Public Law 93-573 AN ACT December31, 1974 [S.3976] To amend title 17 of the United States Code to remove the expiration date for a limited copyright in sound recordings, to increase the criminal penalties for piracy and counterfeiting of sound recordings, to extend the duration of copyright protection in certain cases, to establish a National Commission on New Technological Uses of Copyrighted Works, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the Copyrights.

TITLE I—AMEND TITLE 17 UNITED STATES CODE, AND FOR OTHER PURPOSES SEC. 101. Section 3 of the Act of October 15, 1971 (85 Stat, 891), is amended by striking out "and before January 1, 1975". SEC. 102. Section 104 of title 17, United States Code, is amended— (1) by striking out "Any person" and inserting in lieu thereof " (a) Except as provided in subsection (b), any person"; and (2) by adding at the end thereof the following new subsection: "(b^ Any person who willfully and for profit shall infringe any copyright provided by section 1(f) of this title, or who should knowingly and willfully aid or abet such infringement, shall be fined not more than $25,000 or imprisoned not more than one year, or both, for the first offense and shall be fined not more than $50,000 or imprisoned not more than two years, or both, for any subsequent offense." SEC. 103. Section 2318 of title 18, United States Code, is amended by striking out all after "fined" and inserting in lieu thereof "not more than $25,000 or imprisoned for not more than one year, or both, for the first offense and shall be fined not more than $50,000 or imprisoned not more than two years, or both, for any subsequent offense.". SEC. 104. In any case in which the renewal term of copyright subsisting in any work on the date of approval of this bill, or the term thereof as extended by Public Law 87-668, by Public Law 89-142, by Public Law 90-141, by Public Law 90-^16, by Public Law 91-147, by Public Law 91-555, by Public Law 92-170, or by Public Law 92-566 (or by all or certain of said laws), would expire prior to December 31, 1976, such term is hereby continued until December 31, 1976.

17 USC 1 not.:

Willful infringement, penalties.

Renewa 1 term, continuation. 17 USC 24 note.

TITLE II — N A T I O N A L COMMISSION ON N E W T E C H N O LOGICAL USES OF COPYRIGHTED WORKS ESTABLISHMENT AND PURPOSE OF COMMISSION

SEC. 201. (a) There is hereby created in the Library of Congress a National Commission on New Technological Uses of Copyrighted Works (hereafter called the Commission). (b) The purpose of the Commission is to study and compile data on: (1) the reproduction and use of copyrighted works of authorship— (A) in conjunction with automatic systems capable of storing, processing, retrieving, and transferring information, and (B) by various forms of machine reproduction, not including reproduction by or at the request of instructors for use in face-to-face teaching activities; and (2) the creation of new works by the application or intervention of such automatic systems or machine reproduction. (c) The Commission shall make recommendations as to such changes

17 USC 201 note.

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in copyright law or procedures that may be necessary to assure for such purposes access to copyrighted works, and to provide recognition of the rights of copyright owners. MEMBERSHIP OF THE COMMISSION 17 USC 201 note.

SEC. 202. (a) The Commission shall be composed of thirteen voting members, appointed as follows: (1) Four members, to be appointed by the President, selected from authors and other copyright owners; (2) Four members, to be appointed by the President, selected from users of copyright works; (3) Four nongovernmental members to be appointed by the President, selected from the public generally, with at least one member selected from among experts in consumer protection affairs; (4) The Librarian of Congress. (b) The President shall appoint a Chairman, and a Vice Chairman who shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office, from among the four members selected from the public generally, as provided by clause (3) of subsection (a). The Register of Copyrights shall serve ex officio as a nonvoting member of the Commission. (c) Seven voting members of the Commission shall constitute a quorum. (d) Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. COMPENSATION OF MEMBERS OF COMMISSION

17 USC 201

note.

SEC. 203. (a) Members of the Commission, other than officers or employees of the Federal Government, shall receive compensation at the rate of $100 per day while engaged in the actual performance of Commission duties, plus reimbursement for travel, subsistence, and other necessary expenses in connection with such duties. (b) Any members of the Commission who are officers or employees of the Federal Government shall serve on the Commission without compensation, but such members shall be reimbursed for travel, subsistence, and other necessary expenses in connection with the performance of their duties. STAFF

17 USC 201 note.

SEC. 204. (a) To assist in its studies, the Commission may appoint a staff which shall be an administrative part of the Library of Congress. The staff shall be headed by an Executive Director, who shall be responsible to the Commission for the Administration of the duties entrusted to the staff. (b) The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $100 per day. EXPENSES OF THE COMMISSION

r7'u^sc"2^oi°" note

^^^' ^^^' There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this title until June 30, 1976.

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REPORTS

SEC. 206. (a) Within one year after the first meeting of the Com- p^gPj°g'J^^j ^°^ mission it shall submit to the President and the Congress a preliminary congres". ^" report on its activities. 17 USC 201 (b) Within three years after the enactment of this Act the Commission shall submit to the President and the Congress a final report on its study and investigation which shall include its recommendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations. (c) In addition to the preliminary report and final report required by this section, the Commission may publish such interim reports as it may determine, including but not limited to consultant's reports, transcripts of testimony, seminar reports, and other Commission findings. POWERS OF THE COMMISSION

SEC. 207. (a) The Commission or, with the authorization of the ^^J^^^^^ ^°^ Commission, any three or more of its members, may, for the purpose of carrying out the provisions of this title, hold hearings, administer oaths, and require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of documentary material. (b) With the consent of the Commission, any of its members may hold any meetings, seminars, or conferences considered appropriate to provide a forum for discussion of the problems with which it is dealing. TERMINATION

SEC. 208. On the sixtieth day after the date of the submission of its final report, the Commission shall terminate and all offices and employment under it shall expire. Approved December 31, 1974.

17 USC 201

Public Law 93-574 AN ACT

December 31, 1974

To amend the Act of June 9, 1906, entitled "An Act granting land to the city of Albuquerque for public purposes" (34 Stat. 227), as amended.

^^'^^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 9, 1906, entitled "An Act granting land to the city of Albuquerque for public purposes" (34 Stat. 227), as amended, is further amended by adding at the end thereof the following new section: "SEC. 3. (a) Notwithstanding the provisions of section 1 hereof, the Secretary of the Interior is authorized to transfer by quitclaim deed or other appropriate means to the city of Albuquerque, New Mexico, all right, title, and interest remaining in the United States in the following described lands: "PARCEL 1

"A parcel of land situated within the northwest quarter of section 20, township 10 north, range 4 east of the New Mexico principal meridian and within tract numbered 1 of the Municipal Addition

Albuquerque, Land'convey64 Stat. 4 4 8.

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numbered 2, an addition to the city of Albuquerque, New Mexico, said parcel of land being more particularly described as follows: "Beginning at the northwest corner of said tract numbered 1, said northwest corner being the same as shown on the plat of said addition filed for record in the office of the county clerk of Bernalillo County, New Mexico, on July 12, 1955, from which point the northwest corner of said section 20 bears north 89 degrees 29 minutes 40 seconds west, a distance of 1355.11 feet; "thence south 0 degrees 23 minutes 20 seconds west, a distance of 220.88 feet to a point on a curve on the new southerly right-ofway line of Lomas Boulevard Northeast as shown on the New Mexico State Highway Department right-of-way map for project numbered 1-040-3(1)163, and the true point of beginning; "thence southeasterly along said southerly right-of-way line on a curve (said curve being concave to the northeast, having a radius of 1461.13 feet, a central angle of 2 degrees 37 minutes 42 seconds, and a long chord which bears south 88 degrees 17 minutes 40 seconds east, a distance of 67.02 feet) a distance of 67.03 feet to a New Mexico State Highway Department right-ofway marker (station 14 + 47.46) and a point on the westerly right-of-way line of Herndon Street Northeast; "thence south 1 degree 49 minutes 00 seconds west, along said westerly right-of-way line, a distance of 11.81 feet to the point of curve marked by a New Mexico State Highway Department right-of-way marker (station 0 + 50); "thence southeasterly, along said westerly right-of-way line on a curve (said curve being concave to the northeast, having a radius of 330.71 feet, a central angle of 48 degrees 55 minutes 00 seconds and a long chord which bears south 22 degrees 38 minutes 30 seconds east, a distance of 273.85 feet) a distance of 282.35 feet to a New Mexico State Highway Department right-of-way marker (station 2 + 89.89); "thence north 43 degrees 02 minutes 30 seconds east, along said westerly right-of-way line, a distance of 10.00 feet to a New Mexico State Highway marker (station 2 + 89.89) and a point on a curve; "thence southeasterly, along said westerly right-of-way line on a curve (said curve being concave to the southwest, having a radius of 242.58 feet, a central angle of 33 degrees 46 minutes 00 seconds and a long chord which bears south 30 degrees 04 minutes 30 seconds east, a distance of 140.09 feet) a distance of 142.96 feet to a New Mexico State Highway Department right-of-way marker (station 4 + 56); "thence north 64 degrees 32 minutes 30 seconds west, a distance of 278.27 feet to the westerly boundary line of said tract 1; "thence north 0 degrees 23 minutes 20 seconds east along said westerly boundary line, a distance of 259.86 feet to the true point of beginning. Said parcel of land containing 0.7041 acre more or less. "PARCEL 2

"A parcel of land situated within the northeast quarter of section 20, township 10 north, range 4 east, of the New Mexico principal

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meridian and witliin tract 4 municipal addition numbered 2 an addition to the city of Albuquerque, New Mexico, said parcel of land being more j^articularly described as follows: "Beginning at the northeast corner of tract numbered 2 said tract numbered 2 being the same as shown on the plat of said addition filed for record in the office of the county clerk of Bernalillo County, New Mexico, on July 12, 1955, from which point the northeast corner of said section 20 bears north 52 degrees 15 minutes 18 seconds east, a distance of 80.97 feet; "thence south 1 degree 8 minutes 10 seconds east, along the westerly right-of-way line of Eubank Boulevard northeast, a distance of 208.78 feet to the true point of beginning; "thence south 1 degree 8 minutes 10 seconds east, along said westerly right-of-way line, a distance of 150.20 feet, from which point tile State highway department right-of-way marker (station 20-f-OO end of construction Eubank) bears south 1 degree 8 minutes 10 seconds east, a distance of 85.18 feet; "thence south 88 degrees 51 minutes 50 seconds west, a distance of 108.00 feet to the easterly boundary of a 10-foot public service company easement; "thence north 1 degree 8 minutes 10 seconds west, along said easterly boundary, a distance of 150.20 feet; "thence north 88 degrees 51 minutes 50 seconds east, a distance of 108.00 feet, to the true point of beginning. Said parcel of land containing 0.3724 acre more or less. " (b) No conveyance shall be made under this section unless the city conditions. of Albuquerque has shown to the satisfaction of the Secretary of the Interior (i) that the lands described in subsection (a) are no longer suitable for park and other public purposes; (ii) that the city of Albuquerque will sell such lands at not less than fair market value; (iii) that the proceeds from the sale thereof will be spent to acquire lands located in the North Valley area of the city of Albuquerque bounded on the west by the Middle Rio Grande Conservancy District right-of-way, on the south by Candelaria Road, on the east by private residential areas along the west boundary of Rio Grande Boulevard, on the north by privately owned lands and containing 134.975 acres more or less; (iv) that any lands acquired with such proceeds are suitable for park and other public purposes; and (v) that any amount by which the proceeds from the sale of the lands described in subsection (a) exceeds the purchase price of the lands acquired will be paid to the United States. "(c) If the requirements of subsection (b) are satisfied, the Secre- Agreements. tary is authorized to enter into an agreement or agreements with the city of Albuquerque whereby, in consideration of a quitclaim deed to the city of Albuquerque of all right, title, and interest remaining in the United States in and to the lands described in subsection (a) which have been conveyed to the city of Albuquerque, the city of Albuquerque agrees that (i) title to any lands acquired with the proceeds of the sale of the lands described in subsection (a) will vest in the United States if such acquired lands ever cease to be used for park and other public purposes, and (ii) that the city of Albuquerque will, within ninety days after acquiring such lands, execute a deed to this effect and deliver said deed to the Secretary.". Approved December 31, 1974.

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Public Law 93-575 December 31, 1974 [S.3615]

Arapaho National For e s t, Colo. Boundary extension. 16 USC 485 note.

AN ACT To authorize the Secretary of the Interior to transfer certain lands in the State of Colorado to the Secretary of Agriculture for inclusion in the boundaries of the Arapaho National Forest, Colorado. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, to insure consolidation of lands in the Arapaho National Forest, Colorado, and to afford the opportunity for better management of those lands, the Secretary of the Interior is hereby authorized to transfer certain lands under his jurisdiction and adjacent to the existing boundary of said national forest to the Secretary of Agriculture. Pursuant to this Act, the exterior boundaries of the Arapaho National Forest, Colorado, shall be extended to include all of the lands not presently within such boundaries lying in township 3 south, range 78 west, township 4 south, range 78 west, township 2 south, range 79 west, township 3 south, range 79 west, and township 2 south, range 80 west, sections 7 through 18, and sections 20 through 28, all of the sixth principal meridian. Approved December 31, 1974. Public Law 93-576

December 31, 1974 [ H. R. 16609]

Atomic Energy Commission. Appropriations increase. Ante, p, 116,

Safeguards Program.

AN ACT To amend Public Law 93-276 to increase the authorization for appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemtled, That section 101(a) of Public Law 93-276 is hereby amended by striking therefrom the figure "$2,551,633,000" and substituting the figure "$2,580,733,000". SEC. 2. Section 101(b) of Public Law 93-276 is hereby amended by striking from subsection (11) capital equipment the figure "$208,850,000" and substituting the figure "$224,900,000". SEC. 3. From the increase of the sums authorized to be appropriated by this Act $23,000,000 shall be allotted to, and made available only for the Safeguards Program, with regard to the safeguarding of special nuclear materials from diversion from its intended uses, and for research and development of safeguards techniques and related activities involved in handling nuclear material. Approved December 31, 1974. Public Law 93-577

December 31, 1974

[s, 1283]

Federal Nonnuclear Energy R e s e a r c h and Development Act of 1974.

AN ACT To establish a national program for research and development in nonnuclear energy sources. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled, SHORT

TITLE

1. This Act may be cited as the "Federal Nonnuclear Energy Research and Development Act of 1974". SECTION

42 USC 5901 note.

of the

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STATEMENT OF F I N D I N G S

SEC. 2. 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 comprehensive and aggressive research and development 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 challenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation undertake a research, development, and demonstration program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next decade. (d) In undertaking such program, full advantage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector. (e) The Nation's future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabilities, and to accord the proper priority to developing new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment.

^^ use 5901.

STATEMENT O F POLICY

SEC. 3. (a) I t is the policy of the Congress to develop on an urgent basis the technological capabilities to support the broadest range of energy policy options through conservation and use of domestic resources by socially and environmentally acceptable means. (b)(1) The Congress declares the purpose of this Act to be to establish and vigorously conduct a comprehensive, national program of basic and applied research and development, including but not limited to demonstrations of practical applications, of all potentially beneficial energy sources and utilization technologies, within the Energy Research and Development Administration. (2) I n carrying out this program, the Administrator of the Energy Research and Development Administration (hereinafter in this Act referred to as the "Administrator") shall be governed by the terms of this Act and other applicable provisions of law with respect to all nonnuclear aspects of the research, development, and demonstration program; and the policies and provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), and other provisions of law shall continue to apply to the nuclear research, development, and demonstration program.

42 USC 5902.

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(3) In implementing and conducting the research, development, and demonstration programs pursuant to this Act, the Administrator shall incorporate programs in specific nonnuclear technologies previously enacted into law, including those established by the Solar Heating and Ante, p. 1069. CooKug Act of 1974 (Publlc Law 93-409), the Geothermal Energy Research, Development, and Demonstration Act of 1974 (Public Law Ante, p. 1079. 93_410), aud the Solar Energy Research, Development, and DemonAnte, p. 1431. gyration Act of 1974 (Public Law 93-473). D U T I E S A N D A U T H O R I T I E S OP THE 42 USC 5903.

SEC. 4. The Administrator shall— (a) review the current status of nonnuclear energy resources and current nonnuclear energy research and development activities, including research and development being conducted by Federal and non-Federal entities; (b) formulate and carry out a comprehensive Federal nonnuclear energy research, development, and demonstration program which will expeditiously advance the policies established by this Act and other relevant legislation establishing programs in specific energy technologies; (c) utilize the funds authorized pursuant to this Act to advance energy research and development by initiating and maintaining, through fund transfers, grants, or contracts, energy research, development and demonstration programs or activities utilizing the facilities, capabilities, expertise, and experience of Federal agencies, national laboratories, universities, nonprofit organizations, industrial entities, and other non-Federal entities which are appropriate to each type of research, development, and demonstration activity; (d) establish procedures for periodic consultation with representatives of science, industry, environmental organizations, consumers, and other groups who have special expertise in the areas of energy research, development, and technology; and (e) initiate programs to design, construct, and operate energy facilities of sufficient size to demonstrate the technical and economic feasibility of utilizing various forms of nonnuclear energy. GOVERNING

42 USC 5904.

ADMINISTRATOR

PRINCIPLES

gj,(,_ 5_ ^a) The Congress authorizes and directs that the comprehensive program in research, development, and demonstration required by this Act 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 Act, 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

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include thorough consideration of the impacts of such technology and use on water resources pursuant to the provisions of section 13. (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 Administrator 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, C O M r R E H E N S l V E P L A N N I N G AND

PROGRAMMING

SEC. 6. (a) Pursuant to the authority and directions of this Act and P^^"' transmitthe Energy Reorganization Act of 1974 (Public Law 93-438), the '"iruscT/os!" Administrator shall transmit to the Congress, on or before June 30, Ante, p. 1233. 1975, a comprehensive plan for energy research, development, and demonstration. This plan shall be appropriately revised annually as provided in section 15(a). Such plan shall be designed to achieve— (1) solutions to immediate and short-term (to the early 1980's) energy supply system and associated environmental problems; (2) solutions to middle-term (the early 1980's to 2000) energy supply system and associated environmental problems; and (3) solutions to long-term (beyond 2000) energy supply system and associated environmental problems. (b)(1) Based on the comprehensive energy research, development, mittal to Con-^"^" .f/°^[^'^' *'" and demonstration plan developed under subsection (a), the Adminis- g r e s s.

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trator shall develop and transmit to the Congress, on or before June 30, 1975, a comprehensive nonnuclear energy research, development, and demonstration program to implement the nonnuclear research, development, and demonstration aspects of the comprehensive plan. (2) This program shall be designed to achieve solutions to the energy supply and associated environmental problems in the immediate and short-term (to the early 1980's), middle-term (the early 1980's to 2000), and long-term (beyond 2000) time intervals. I n formulating the nonnuclear aspects of this program, the Administrator shall evaluate the economic, environmental, and technological merits of each aspect of the program. (3) The Administrator shall assign program elements and activities in specific nonnuclear energy technologies to the short-term, middleterm, and long-term time intervals, and shall present full and complete justification for these assignments and the degree of emphasis for each. These program elements and activities shall include, but not be limited to. research, development, and demonstrations designed— (A) to advance energy conservation technologies, including but not limited to— (i) productive use of waste, including garbage, sewage, agricultural wastes, and industrial waste heat; (ii) reuse and recycling of materials and consumer products; (iii) improvements in automobile design for increased efficiency and lowered emissions, including investigation of the full range of alternatives to the internal combustion engine and systems of efficient public transportation; and (iv) advanced urban and architectural design to promote efficient energy use in the residential and commercial sectors, improvements in home design and insulation technologies, small thermal storage units and increased efficiency in electrical appliances and lighting fixtures; (B) to accelerate the commercial demonstration of technologies for producing low-sulfur fuels suitable for boiler use; (C) to demonstrate improved methods for the generation, storage, and transmission of electrical energy through (i) advances in gas turbine technologies, combined power cycles, the use of low British thermal unit gas and, if practicable, magnetohydrodynamics; (ii) storage systems to allow more efficient load following, including the use of inertial energy storage systems; and (iii) improvement in cryogenic transmission methods; (D) to accelerate the commercial demonstration of technologies for producing substitutes for natural gas, including coal gasification: Provided, That the Administrator shall invite and consider proposals from potential participants based upon Federal assistance and participation in the form of a joint Federal-industry corporation, and recommendations pursuant to this clause shall be accompanied by a report on the viability of using this form of Federal assistance or participation; (E) to accelerate the commercial demonstration of technologies for producing syncrude and liquid petroleum products from coal: Provided, That the Administrator shall invite and consider proposals from potential participants based upon Federal assistance and participation through guaranteed prices or purchase of the products, and recommendations pursuant to this clause shall be accompanied by a report on the viability of using this form of Federal assistance or participation; (F) in accordance with the program authorized by the Geothermal Energy Research, Development, and Demonstration Act

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of 1974 (Public Law 9 3 ^ 1 0), to accelerate the commercial demonstration of geothermal energy technologies; (G) to demonstrate the production of syncrude from oil shale by all promising technologies including in situ technologies; (H) to demonstrate new and improved methods for the extraction of petroleum resources, including secondary and tertiary recovery of crude oil; (I) to demonstrate the economics and commercial viability of solar energy for residential and commercial energy supply applications in accordance with the program authorized by the Solar Heating and Cooling Act of 1974 (Public Law 9 3 ^ 0 9); (J) to accelerate the commercial demonstration of environmental control systems for energy technologies developed pursuant to this Act; (K) to investigate the technical and economic feasibility of tidal power for supplying electrical energy; (L) to commercially demonstrate advanced solar energy technologies in accordance with the Solar Research, Development, and Demonstration Act of 1974 (Public Law 9 3 ^ 7 3); ... (M) to determine the economics and commercial viability of the production of sj^nthetic fuels such as hydrogen and methanol; (N) to commercially demonstrate the use of fuel cells for central station electric power generation; (0) to determine the economics and commercial viability of in situ coal gasification; (P) to improve techniques for the management of existing energy systems by means of quality control; application of systems analysis, communications, and computer techniques; and public information with the objective of improving the reliability and efficiency of energy supplies and encourage the conservation of energy resources; and (Q) to improve methods for the prevention and cleanup of marine oil spills. FORMS o r

FEDERAL

1883 ^"'^' P- I°^^-

Ante, p. 1069.

>in(e, p. 1431.

ASSISTANCE

SEC, 7. (a) I n carrying out the objectives of this Act, the Ad''^ "^*^ ^^°^' 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 congres-. J°'"* Federalsional authorization pursuant to this Act shall be subject to the pro- uonsTguideHnes? visions of section 9 of this Act and shall conform to the following guidelines except as otherwise authorized by Congress:

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(1) Each such corporation may design, construct, operate, and maintain one or more experimental, demonstration, or commercialsize 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 B o a r d); 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

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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 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 congressional 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

1885

^ ea^°r*of°the House/president v^° ^^^'^°l^^ j"'^ commiuees"^

^ ^te^n^s^^'u^ideunes.

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[88 STAT.

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. DEMONSTRATIONS 42 USC 5907.

Regulations.

SEC. 8. (a) The Administrator is authorized to— (1) identify opportunities to accelerate the commercial applications of new energy technologies, and provide Federal assistance for or participation in demonstration projects (including pilot plants demonstrating technological advances and field demonstrations of new methods and procedures, and demonstrations of prototype commercial applications for the exploration, development, production, transportation, conversion, and utilization of energy resources); and (2) enter into cooperative agreements with non-Federal entities to demonstrate the technical feasibility and economic potential of energy technologies on a prototype or full-scale basis. (b) In reviewing potential projects, the Administrator shall consider criteria including but not limited to— (1) the anticipated, research, development, and application objectives to be achieved by the activities or facilities proposed; (2) the economic, environmental, and societal significance which a successful demonstration may have for the national fuels and energy system; (3) the relationship of the proposal to the criteria of priority set forth in section 5(b)(2); (4) the availability of non-Federal participants to construct and operate the facilities or perform the activities associated with the proposal and to contribute to the financing of the proposal; (5) the total estimated cost including the Federal investment and the probable time schedule; (6) the proposed participants and the proposed financial contributions of the Federal Government and of the non-P^ederal participants; and (7) the proposed cooperative arrangement, agreements among the participants, and form of management of the activities. (c)(1) A financial award under this section may be made only to the extent of the Federal share of the estimated total design and construction costs, plus operation and maintenance costs. (2) For the purposes of this Act the non-Federal share may be in any form, including, but not limited to, lands or interests therein needed for the project or personal property or services, the value of which shall be determined by the Administrator. (d)(1) The Admliiistrator shall, within six months of enactment of this Act, promulgate regulations establishing procedures for submission of proposals to the Energy Research and Development Administration for the purposes of this Act. Such regulations shall establish a procedure for selection of proposals which— (A) provides that projects will be carried out under such conditions and varying circumstances as will assist in solving energy extraction, transportation, conversion, conservation, and end-use problems of various areas and regions, under representative geological, geographic, and environmental conditions; and (B) provides time schedules for submission of, and action on, proposal requests for the purposes of implementing the goals and objectives of this Act.

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(2) Such regulations also shall specify the types and form of the information, data, and support documentation that are to be contained in proposals for each form of Federal assistance or participation set forth in subsection 7(a): Provided, That such proposals to the extent possible shall include, but not be limited to— (A) specification of the technology; (B) description of prior pilot plant operating experience with the technology; (C) preliminary design of the demonstration plant; (D) time tables containing proposed construction and operation plans; (E) budget-type estimates of construction and operating costs; (F) description and proof of title to land for proposed site, natural resources, electricity and water supply and logistical information related to access to raw materials to construct and operate the plant and to dispose of salable products produced from the plant; (G) analysis of the environmental impact of the proposed plant and plans for disposal of wastes resulting from the operation of the plant; (H) plans for commercial use of the technology if the demonstration is successful; (I) plans for continued use of the plant if the demonstration is successful; and (J) plans for dismantling of the plant if the demonstration is unsuccessful or otherwise abandoned. (3) The Administrator shall from time to time review and, as appropriate, modify and repromulgate regulations issued pursuant to this section. (e) If the estimate of the Federal investment with respect to construction costs of any demonstration project proposed to be established under this section exceeds $50,000,000, no amount may be appropriated for such project except as specifically authorized by legislation hereafter enacted by the Congress. (f) If the total estimated amount of the Federal contribution to the construction cost of a demonstration project does not exceed $50,000,000, the Administrator is authorized to proceed with the negotiation of agreements and implementation of the proposal subject to the availability of funds under the authorization of appropriations pursuant to section 16: Provided, That if such Federal contribution to ^1^° 1° °"' the construction cost is estimated to exceed $25,000,000 the Adminis- mutees" trator shall provide a full and comprehensive report on the proposed demonstration project to the appropriate committees of the Congress and no funds may be expended for any agreement under the authority granted by this section prior to the expiration of sixty calendar days (not including any day on which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain) from the date on which the Administrator's report on the proposed project is received by the Congress. Such reports shall contain an analysis of the extent to which the proposed demonstration satisfies the criteria specified in subsection (b) of this section. PATENT

POLICY

SEC. 9. (a) Whenever any invention is made or conceived in the course of or under any contract of the Administration, other than nuclear energy research, development, and demonstration pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Administrator determines that— (1) the person who made the invention was employed or assigned to perform research, development, or demonstration

^2 USC 5908.

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[88 STAT.

work and the invention is related to the work he was employed or assigned to perform, or that it was within the scope of his employment duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Government facilities, equipment, materials, allocated funds, information proprietary to the Government, or services of Government employees during working hours; or (2) the person who made the invention was not employed or assigned to perform research, development, or demonstration work, but the invention is nevertheless related to the contract or to the work or duties he was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in clause (1). title to such invention shall vest in the United States, and if patents on such invention are issued they shall be issued to the United States, unless in particular circumstances the Administrator waives all or any part of the rights of the United States to such invention in conformity with the provisions of this section. ^^^°'''" (b) Each contract entered into by the Administration with any person shall contain effective provisions under which such person shall furnish promptly to the Administration a written report containing full and complete technical information concerning any invention, discovery, improvement, or innovation which may be made in the course of or under such contract. Waiver of rights. ^^^ Under such regulations in conformity with the provisions of this section as the Administrator shall prescribe, the Administrator may waive all or any part of the rights of the United States under this section with respect to any invention or class of inventions made or which may be made by any person or class of persons in the course of or under any contract of the Administration if he determines that the interests of the United States and the general public will best be served by such waiver. The Administration shall maintain a publicly available, periodically updated record of waiver determinations. In making such determinations, the Administrator shall have the following objectives: (1) Making the benefits of the energy research, development, and demonstration program widely available to the public in the shortest practicable time. (2) Promoting the commercial utilization of such inventions. (3) Encouraging participation by private persons in the Administration's energy research, development, and demonstration program. (4) Fostering competition and preventing undue market concentration or the creation or maintenance of other situations inconsistent with the antitrust laws. (d) I n determining whether a waiver to the contractor at the time of contracting will best serve the interests of the United States and the general public, the Administrator shall specifically include as considerations— (1) the extent to which the participation of the contractor will expedite the attainment of the purposes of the program; (2) the extent to which a waiver of all or any part of such rights in any or all fields of technology is needed to secure the participation of the particular contractor; (3) the extent to which the contractor's commercial position may expedite utilization of the research, development, and demonstration program results; (4) the extent to which the Government has contributed to the field of technology to be funded under the contract; (5) the purpose and nature of the contract, including the intended use of the results developed thereunder;

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(6) the extent to which the contractor has made or will make substantial investment of financial resources or technology developed at the contractor's private expense which will directly benefit the work to be performed under the contract; (7) the extent to which the field of technology to be funded under the contract has been developed at the contractor's private expense; (8) the extent to which the Government intends to further develop to the point of commercial utilization the results of the contract effort; (9) the extient to which the contract objectives are concerned with the public health, public safety, or public welfare; (10) the likely effect of the waiver on competition and market concentration; and (11) in the case of a nonprofit educational institution, the extent to which such institution has a technology transfer capability and program, approved by the Administrator as being consistent with the applicable policies of this section. (e) In determining whether a waiver to the contractor or inventor of rights to an identified invention will best serve the interests of the United States and the general public, the Administrator shall specifically include as considerations paragraphs (4) through (-11) of subsection (d) as applied to the invention and— (1) the extent to which such waiver is a reasonable and necessary incentive to call forth private risk capital for the development and commercialization of the invention; and (2) the extent to which the plans, intentions, and ability of the contractor or inventor will obtain expeditious commercialization of such invention. (f) Whenever title to an invention is vested in the United States, there may be reserved to the contractor or inventor— (1) a revocable or irrevocable nonexclusive, paid-up license for the practice of the invention throughout the world; and (2) the rights to such invention in any foreign country where the United States has elected not to secure patent rights and the contractor elects to do so, subject to the rights set forth in paragraphs (2), (3), (6), and (T) of subsection (h): Provided, That when specifically requested by the Administration and three years after issuance of such a patent, the contractor shall submit the report specified in subsection (h)(1) of this section. Licen (g)(1) Subject to paragraph (2) of this subsection, the Adminis- la^on^s" s e s, r e g u trator shall determine and promulgate regulations specifying the terms and conditions upon which licenses may be granted in any invention to which title is vested in the United States. (2) Pursuant to paragraph (1) of this subsection, the Adminis- Hearing trator may grant exclusive or partially exclusive licenses in any invention only if, after notice and opportunity for hearing, it is determined that— (A) the interests of the United States and the general public will best be served by the proposed license, in view of the applicant's intentions, plans, and ability to bring the invention to the point of practical or commercial applications; (B) the desired practical or commercial applications have not been achieved, or are not likely expeditiously to be achieved, under any nonexclusive license which has been granted, or which may be granted, on the invention; (C) exclusive or partially exclusive licensing is a reasonable and necessary incentive to call forth risk capital and expenses

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 1890

Waiver, terms and conditions.

PUBLIC LAW 93-577-DEC. 31, 1974

[88 STAT.

to bring the invention to the point of practical or commercial applications; and (D) the proposed terms and scope of exclusivity are not substantially greater than necessary to provide the incentive for bringing the invention to the point of practical or commercial applications and to permit the licensee to recoup its costs and a reasonable profit thereon: Provided, That, the Administrator shall not grant such exclusive or partially exclusive license if he determines that the grant of such license will tend substantially to lessen competition or result in undue concentration in any section of the country in any line of commerce to which the technology to be licensed relates. The Administration shall maintain a publicly available, periodically updated record of determinations to grant such licenses. n^\ j^acli waiver of rights or grant of an exclusive or partially ^,

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exclusive license shall contain such terms and conditions as the Administrator may determine to be appropriate for the protection of the interests of the United States and the general public, including provisions for the following: (1) Periodic written reports at reasonable intervals, and when specifically requested by the Administration, on the commercial use that is being made or is intended to be made of the invention. (2) A t least an irrevocable, nonexclusive, paid-up license to make, use, and sell the invention throughout the world by or on behalf of the United States (including any Government agency) and States and domestic municipal governments, unless the Administrator determines that it would not be in the public interest to acquire the license for the States and domestic municipal governments. (3) The right in the United States to sublicense any foreign government pursuant to any existing or future treaty or agreement if the Administrator determines it would be in the national interest to acquire this right. (4) The reservation in the United States of the rights to the invention in any country in which the contractor does not file an application for patent within such time as the Administration shall determine. (5) The right in the Administrator to require the granting of a nonexclusive, exclusive, or partially exclusive license to a responsible applicant or applicants, upon terms reasonable under the circumstances, (A) to the extent that the invention is required for public use by governmental regulations, or (B) as may be necessary to fulfill health, safety, or energy needs, or (C) for such other purposes as may be stipulated in the applicable agreement. (6) The right in the Administrator to terminate such waiver or license in whole or in part unless the recipient of the waiver or license demonstrates to the satisfaction of the Administrator that he has taken effective steps, or within a reasonable time thereafter is expected to take such steps, necessary to accomplish substantial utilization of the invention. (7) The right in the Administrator, commencing three years after the grant of a license and four years after a waiver is effective as to an invention, to require the granting of a nonexclusive or partially exclusive license to a responsible applicant or applicants, upon terms reasonable under the circumstances, and in appropriate circumstances to terminate the waiver or license in whole or in part, following a hearing upon notice thereof to the public, upon a petition by an interested person justifying such hearing—

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(A) if the Administrator determines, upon review of such material as he deems relevant, and after the recipient of the waiver or license, or other interested person, has had the opportunity to provide such relevant and material information as the Administrator may require, that such waiver or license has tended substantially to lessen competition or to result in undue concentration m any section of the country in any line of commerce to which the technology relates; or (B) unless the recipient of the waiver or license demonstrates to the satisfaction of the Administrator at such hearing that he has taken effective steps, or within a reasonable time thereafter is expected to take such steps, necessary to accomplish substantial utilization of the invention. Publication in (i) The Administrator shall provide an annual periodic notice to Federal Register. the public in the Federal Kegister, or other appropriate publication, of the right to have a hearing as provided by subsection (h)(7) of this section, and of the availability of the records of determinations provided in this section. (j) The Administrator shall, in granting waivers or licenses, consider the small business status of the applicant. (k) The Administrator is authorized to take all suitable and necessary steps to protect any invention or discovery to which the United States holds title, and to require that contractors or persons who acquire rights to inventions under this section protect such inventions. (1) The Administration shall be considered a defense agency of the United States for the purpose of chapter 17 of title 35 of the United States Code. 35 USC 181. (m) As used in this section— Definitions, (1) the term "person" means any individual, partnership, corporation, association, institution, or other entity; (2) the term "contract" means any contract, grant, agreement, understanding, or other arrangement, which includes research, development, or demonstration work, and includes any assignment, substitution of parties, or subcontract executed or entered into thereunder; (3) the term "made", when used in relation to any invention, means the conception or first actual reduction to practice of such invention; (4) the term "invention" means inventions or discoveries, whether patented or unpatented; and (5) the term "contractor" means any person having a contract with or on behalf of the Administration, Report, Submit(n) Within twelve months after the date of the enactment of this tal to President Act, the Administrator with the participation of the Attorney Gen- and congressional eral, the Secretary of Commerce, and other officials as the President committees. may designate, shall submit to the President and the appropriate congressional committees a report concerning the applicability of existing patent policies affecting the programs under this Act, along with his recommendations for amendments or additions to the statutory patent policy, including his recommendations on mandatory licensing, which he deems advisable for carrying out the purposes of this Act. RELATIONSHIP TO ANTITRUST LAWS

SEC. 10. (a) Nothing in this Act shall be deemed to convey to any individual, corporation, or other business organization immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws. (b) As used in this section, the term "antitrust law" means—

42 USC 5909.

"Antitrust law."

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15 USC 58.

PUBLIC LAW93-577-DEC. 31, 1974

[88 STAT.

(1) the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", approved July 2, 1890 (15 U.S.C. 1 et seq.), as amended; (2) the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (15 U.S.C. 12 et seq.) as amended; (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as amended; (4) sections 73 and 74 of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes", approved August 27, 1894 (15 U.S.C. 8 and 9), as amended; and (5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21a). ENVIRONMENTAL EVALUATION

42 USC 5910.

Hearings. avlirrbuit^*' Presrd'Jnt'°Ad. ministrato'r. and Congress.

and directed to carry out a continuing analysis of the effect of application of nonnuclear energy technologies to evaluate— (1) the adequacy of attention to energy conservation methods; and (2) the adequacy of attention to environmental protection and the environmental consequences of the application of energy technologies. (b) The Council on Environmental Quality, in carrying out the provisions of this section, may employ consultants or contractors and may by fund transfer employ the services of other Federal agencies for the conduct of studies and investigations. ^^^ 'pj^g Couucll ou Environmental Quality shall hold annual public hearings on the conduct of energy research and development and the probable environmental consequences of trends in the development ^^^ application of energy technologies. The transcript of the hearings shall be published and made available to the public. (^) '^^^ Couucll ou Environmental Quality shall make such reports to the Prcsideut, the Administrator, and the Congress as it deems appropriate concerning the conduct of energy research and development. The President as a part of the annual Environmental Policy Report required by section 201 of the National Environmental Policy Act of 1969 (42 U.S.C. 4341) shall set forth the findings of the Council on Environmental Quality concerning the probable environmental consequences of trends in the development and application of energy technologies. ACQUISITION OF ESSENTIAL MATERIALS
 * gj,(^^ 1^1 ^g^^ -j^jjg Council on Environmental Quality is authorized

42 USC 5911.

or^o'Xr!^t^an"i^ mittai to Con^'•^^^"

g^^ 12. (a) The President may, by rule or order, require the allocation of, or the performance under contracts or orders (other than contracts of employment) relating to, supplies of materials and equipment if he finds that— (1) such supplies are scarce, critical, and essential to carry out the purposes of this Act; and (2) such supplies cannot reasonably be obtained without exercising the authority granted by this section. (^) The President shall transmit any rule or order proposed under subsection (a) of this section (bearing an identification number) to each House of Congress on the date on which it is proposed. If such proposed rule or order is transmitted to the Congress such proposed

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rule or order shall take effect at the end of the first period of thirty calendar days of continuous session of Congress after the date on which such proposed rule or order is transmitted to it unless, betAveen the date of transmittal and the end of the thirty day period, either House passes a resolution stating in substance that such House does not favor such a proposed rule or order. WATER RESOURCE EVALUATION

SEC. 13. (a) At the request of the Administrator, the Water 42 USC 5912. Resources Council shall undertake assessments of water resource requirements and water supply availability for any nonnuclear energy technology and any probable combinations of technologies which are the subject of Federal research and development efforts authorized by this Act, and the commercial development of which could have significant impacts on water resources. In the preparation of its assessment, the Council shall— (1) utilize to the maximum extent practicable data on water supply and demand available in the files of member agencies of the Council; (2) collect and compile any additional data it deems necessary for complete and accurate assessments; (3) give full consideration to the constraints upon availability imposed by treaty, compact, court decree, State water laws, and water rights granted pursuant to State and Federal law; (4) assess the effects of development of such technology on water quality; (5) include estimates of cost associated with production and management of the required water supply, and the cost of disposal of waste water generated by the proposed facility or process; (6) assess the environmental, social, and economic impact of any change in use of currently utilized water resource that may be required by the proposed facility or process; and (7) consult with the Council on Environmental Quality. (b) For any proposed demonstration project which may involve a significant impact on water resources, the Administrator shall, as a precondition of Federal assistance to that project, prepare or have prepared an assessment of the availability of adequate water resources. A report on the assessment shall be published in the Federal Registe,r Publication in for public review thirty days prior to the expenditure of Federal ^ ^^ Register. "^ funds on the demonstration. (c) For any proposed Federal assistance for commercial application of energy technologies pursuant to this Act, the Water Resource Council shall, as a precondition of such Federal assistance, provide to the Administrator an assessment of the availability of adequate water resources for such commercial application and an evaluation of the environmental, social, and economic impacts of the dedication of water to such uses. (d) Reports of assessments and evaluations prepared by the CounPublication in cil pursuant to subsections (a) and (c) shall be published in the Fed- ^^^^'^^ Register. eral Register and at least ninety days shall be provided for public review and comment. Comments received shall accompany the reports when they are submitted to the Administrator and shall be available to the public. (e) The Council shall include a broad survey and analysis of regional a^d national water resource availability for energy development in the biennial assessment required by section 102(a) of the Water Resources Planning Act (42 XJ.S.C. 1962a-l(a)).

38-194 O -

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PUBLIC LAW 93-577-DEC. 31, 1974 ENERGY-RELATED

42 USC 5913.

Reguiations.

[88 STAT.

INVENTIONS

SEC. 14. The National Bureau of Standards shall give particular attention to the evaluation of all promising energy-related inventions, particularly those submitted by individual inventors and small companies for the purpose of obtaining direct grants from the AdministratoT. The National Bureau of Standards is authorized to promulgate regulations in the furtherance of this section. REPORTS TO CONGRESS

42 USC 5914.

Ante,

p. 1251.

SEC. 15. (a) Concurrent with the submission of the President's annual budget to the Congress, the Administrator shall submit to the Congress each year— (1) a report detailing the activities carried out pursuant to this Act during the preceding fiscal year; (2) a detailed description of the comprehensive plan for nuclear and nonnuclear energy research, development, and demonstration then in effect under section 6(a); and (3) a detailed description of the comprehensive nonnuclear research, development, and demonstration program then in effect under section 6(b) including its program elements and activities, setting forth such modifications in the comprehensive plan referred to in clause (2) and the comprehensive program referred to in clause (3) as may be necessary to revise appropriately such plan and program in the light of the activities referred to in clause (1) and any changes in circumstances which may have occurred since the last previous report under this subsection. (b) The description of the comprehensive nonnuclear research, development, and demonstration program submitted under subsection (a)(2) shall include a statement setting forth— (1) the anticipated research, development, and application objectives to be achieved by the proposed program; (2) the economic, environmental, and societal significance which the proposed program may have; (3) the total estimated cost of individual program items; (4) the estimated relative financial contributions of the Federal Government and non-Federal participants in the research and development program; (5) the relationship of the proposed program to any Federal national energy or fuel policies; and (6) the relationship of any short-term undertakings and expenditures to long-range goals. (c) The reports required by subsections (a) and (b) of this section will satisfy the reporting requirements of section 307(a) of the Energy Keorganization Act of 1974 (Public Law 93-438) insofar as is concerned activities, goals, priorities, and plans of the Energy Research and Development Administration pertaining to nonnuclear energy. APPROPRIATl ON AUTHORIZATION

42 USC 5915.

SEC. 16. (a) There may be appropriated to the Administrator to carry out the purposes of this Act such sums as may be authorized in annual authorization Acts. (b) Of the amounts appropriated pursuant to subsection (a) of this section—• (1) $500,000 annually shall be made available by fund transfer to the Council on Environmental Quality for the purposes authorized by section 11; and

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(2) not to exceed $1,000,000 annually shall be made available by fund transfer to the Water Resources Council for the purposes authorized by section 13. (c) There also may be appropriated to the Administrator by separate Acts such amounts as are required for demonstration projects for which the total Federal contribution to construction costs exceeds $50,000,000. Approved December 31, 1974. Public Law 93-578 AN ACT'

December 31, 1974

To relinquish and disclaim any title to certain lands and to authorize the Secretary of the Interior to convey certain lands situated in Yuma County, Arizona.

[s. 3574]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United "^"""^ county, States hereby disclaims any right, title, or interest in or to certain real "and conveyproperty situated in Yuma County, Arizona, within the boundaries of ^nce. the east half of the northwest quarter and the north half of the northeast quarter and the northwest quarter of the northwest quarter of section 13; and the northeast quarter of the southwest quarter and the south half of the southwest quarter of section 12, township 9 south, range 21 east, San Bernardino meridian as depicted by the original plat of survey of such township published by the United States Surveyor General's Office, dated March 21, 1857, being a portion of sections 23, 25, and 26, township 1 north, range 24 west, Gila and Salt River meridian as depicted by the dependent resurvey and accretion survey plat of said township published by the United States Department of the Interior, Bureau of Land Management, dated June 5, 1962, except that the provisions of this section shall not apply to the 52-acre portion of such property that was condemned by the United States pursuant to the complaint in condemnation filed by the United States on June 30, 1964, in the United States District Court for the District of Arizona (No. Civ. 5188-Phx) and any portion of such property submerged in the bed of the Colorado River and owned by the States of California and Arizona. SEC. 2. The Secretary of the Interior is authorized and directed to convey by patent to Wide River Farms, Incorporated, an Arizona corporation, 52 acres of land, more or less, described as the southwest quarter of the northwest quarter and the southwest quarter of the northeast quarter of section 13, township 9 south, range 21 east, San Bernardino meridian as depicted by the original plat of survey of such township published by the United States Surveyor General's Office, dated March 21, 1857, being a portion of section 26, township 1 north, range 24 west, Gila and Salt River meridian, as depicted by the dependent resurvey and accretion survey plat of said township published by the United States Department of the Interior, Bureau of Land Management, dated June 5, 1962, except that the provisions of this section shall not apply to any portion of such property that was described in the complaint in condemnation filed by the United States on June 30, 1964, in the United States District Court for the District of Arizona (No. Civ.. 5188-Phx.) and any portion of such property submerged in the bed of the Colorado River and owned by the States of California and Arizona. SEC. 3. The Secretary of the Interior is authorized and directed to

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PUBLIC LAW 93-579-DEC. 31, 1974

[88 STAT.

prepare and execute without consideration such instruments as may be appropriate to carry out the purposes of this Act. Approved December 31, 1974. Public Law 93-579 December 31, 1974

^^••^^^i^]

Privacy Act of 1974

5 USC 552a Congressional ^''s^ulc'552a note.

statement of purpose.

AN

ACT

To amend title 5, United States Code, by adding a section 552a to safeguard individual privacy from the misuse of Federal records, to provide that individuals be granted access to records concerning them vs^hich are maintained by Federal agencies, to establish a Privacy Protection Study Commission, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may bc clted as the "Privacy Act of 1974". SEC. 2. (a) The CoRgress finds that— ^^) ^^^ privacy of an individual is directly affected by the collection, maintenance, use, and dissemination of personal information by Federal agencies; (2) the increasing use of computers and sophisticated information technology, while essential to the efficient operations of the Government, has greatly magnified the harm to individual privacy that can occur from any collection, maintenance, use, or dissemination of personal information; (3) the opportunities for an individual to secure employment, insurance, and credit, and his right to due process, and other legal protections are endangered by the misuse of certain information systems; (4) the right to privacy is a personal and fundamental right protected by the Constitution of the United States; and (5) in order to protect the privacy of individuals identified in information systems maintained by Federal agencies, it is necessary and proper for the Congress to regulate the collection, maintenance, use, and dissemination of information by such agencies. (^Q^ 'pj^g purposc of this Act is to providc certain safeguards for an individual against an invasion of personal privacy by requiring Federal agencies, except as otherwise provided by law, to— (1) permit an individual to determine what records pertaining to him are collected, maintained, used, or disseminated by such agencies; (2) permit an individual to prevent records pertaining to him obtained by such agencies for a particular purpose from being used or made available for another purpose without his consent; (3) permit an individual to gain access to information pertaining to him in Federal agency records, to have a copy made of all or any portion thereof, and to correct or amend such records; (4) collect, maintain, use, or disseminate any record of identi-fiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that the information is current and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information; (5) permit exemptions from the requirements with respect to records provided in this Act only in those cases where there is an important public policy need for such exemption as has been determined by specific statutory authority; and (6) be subject to civil suit for any damages which occur as a result of willful or intentional action which violates any individual's rights under this Act.

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SEC. 3. Title 5, United States Code, is amended by adding after section 552 the following new section: ^'§ 552a. Records maintained on individuals " (a) DEFINITIONS.—For purposes of this section— "(1) the term 'agency' means agency as defined in section 552(e) of this title; "(2) the term 'individual' means a citizen of the United States or an alien lawfully admitted for permanent residence; "(3) the term 'maintain' includes maintain, collect, use, or disseminate; "(4) the term 'record' means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; "(5) the term 'system of records' means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; "(6) the term 'statistical record' means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13; and "(7) the term 'routine use' means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected. "(b) CONDITIONS OF DISCLOSURE.—No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be—• " (1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; "(2) required under section 552 of this title; "(3) for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section; "(4) to the Bureau of the Census for purposes of planning or c any i n g out a census or survey or related activity pursuant to the provisions of title 13; "(5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; "(6) to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value; "(7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which

5 USC 552a.

Ante,

p. 1564.

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TiTw""^^ review.

Ar^endment request

PUBLIC LAW 93-579-DEC. 31, 1974

[88 STAT.

maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought; "(8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual; "(9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee; "(10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; or "(11) pursuant to the order of a court of competent jurisdiction. "(c) ACCOUNTING OF CERTAIN DISCLOSURES.—Each agency, with respect to each system of records under its control, shall— "(1) except for disclosures made under subsections (b)(1) or (b)(2) of this section, keep an accurate accounting of— " (A) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this section; and " (B) the name and address of the person or agency to whom the disclosure is made; "(2) retain the accounting made under paragraph (1) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made; "(3) except for disclosures made under subsection (b)(7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and "(4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. " (d) ACCESS TO RECORDS,—Each agency that maintains a system of records shall— " (1) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual's record in the accompanying person's presence; "(£) permit the iudividual to request amendment of a record pertaining to him and— " (A) not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and " (B) promptly, either— "(i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or "(ii) inform the individual of its refusal to amend the record in accordance with his request, the reason

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