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1974/09/03 HR11864 Solar Heating and Cooling Demonstration Act (3)
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1974/09/03 HR11864 Solar Heating and Cooling Demonstration Act (3)
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The original documents are located in Box 6, folder "9/3/74 HR11864 Solar Heating and
Cooling Demonstration Act (3)" of the White House Records Office: Legislation Case Files
at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from the Whit House Records Office: Legislative Case Files at the Gerald R. Ford Presidential Library
93D CONGRESS
2d Session
}
SENATE
{
REPORT
No. 93-734
SOLAR HEATING AND COOLING
DEMONSTRATION ACT OF 1974
REPORT
OF THE
COMMITTEE ON
AERONAUTICAL AND SPACE SCIENCES
UNITED STATES SENATE
ON
H.R. 11864
MARCH 13, 1974.-Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
99-010
WASHINGTON : 1974
RALD FORD LIBRARY
COMMITTEE ON AERONAUTICAL AND SPACE SCIENCES
FRANK E. MOSS, Utah, Chairman
WARREN G. MAGNUSON, Washington
BARRY GOLDWATER, Arizona
STUART SYMINGTON, Missouri
CARL T. CURTIS, Nebraska
JOHN C. STENNIS, Mississippi
LOWELL P. WEICKER, JR., Connecticut
HOWARD W. CANNON, Nevada
DEWEY F. BARTLETT, Oklahoma
JAMES ABOUREZK, South Dakota
JESSE A. HELMS, North Carolina
FLOYD K. HASKELL, Colorado
PETE V. DOMENICI, New Mexico
HOWARD M. METZENBAUM, Ohio
ROBERT F. ALLNUTT, Staff Director
JAMES J. GEHRIG, Professional Staff Member
GILBERT W. KEYES, Professional Staff Member
H. GERALD STAUB, Professional Staff Member
CRAIG VOORHEES, Professional Staff Member
DR. GLEN P. WILSON, Professional Staff Member
RALPH E. VANDERVORT, Jr., Assistant Chief Clerk
CHABLES F. LOMBARD, Minority Counsel
(II)
CONTENTS
Page
Amendment
1
I. Need for the legislation
10
II. Summary of the act
10
III. Cost estimates for the act
13
IV. Legislative history
13
Senate hearing
13
V. Committee actions
16
Markup
16
Discussion of key issues
16
VI. Section-by-section analysis
20
Section
1. Short Title
20
2. Findings and Policy
20
3. Definitions
21
4. Nasa Amendment
21
5. Solar Heating Program
21
6. Combined Solar Heating and Cooling Program
22
7. Commercial Buildings
23
8. Mass Demonstration
23
9. Dissemination of Information
23
10. Encouragement of Small Business
24
11. Priorities
24
12. Regulations
24
13. Transfer of Functions
25
14. Authorization of Appropriations
25
VII. Changes in existing law
25
(III)
93D CONGRESS
2d Session
}
SENATE
{{'
REPORT
No. 93-734
SOLAR HEATING AND COOLING DEMONSTRATION ACT OF
1974
MARCH 13, 1974.-Ordered to be printed
Mr. Moss, from the Committee on Aeronautical and Space Sciences,
submitted the following
REPORT
[To accompany H.R. 11864]
The Committee on Aeronautical and Space Sciences, to which was
referred the Act (H.R. 11864) having considered the same, reports
favorably thereon with amendments and recommends that the Act
as amended do pass.
The Committee on Aeronautical and Space Sciences, to which was
referred the Act (H.R. 11864), to provide for the early commercial
demonstration of solar heating and cooling technologies, having con-
sidered the same, reports favorably thereon with an amendment in the
nature of a substitute and recommends that the Act as amended do
pass.
The amendment is in the nature of a substitute, as follows:
AMENDMENT
That this Act may be cited as the "Solar Heating and Cooling
Demonstration Act of 1974".
FINDINGS AND POLICY
SEC. 2. (a) The Congress hereby finds that-
need
(1) the current imbalance between supply and demand for fuels
and energy is likely to persist for sometime;
(2) the early demonstration of the feasibility of using solar
energy for the heating and cooling of buildings could help to
relieve the demand upon present fuel and energy supplies;
(3) the technologies for solar heating are close to the point of
commercial application in the United States;
((1))
2
(4) the technologies for combined solar heating and cooling still
require research, development, testing, and demonstration, but
no insoluble technical problem is now foreseen in achieving com-
mercial use of such technologies;
(5) the early development and export of viable solar heating
equipment and combined solar heating and cooling equipment,
consistent with the established preeminence of the United States
in the field of high technology products, can make a valuable con-
tribution to our balance of trade;
(6) the widespread use of solar energy in place of conventional
methods for the heating and cooling of buildings would have a
significantly beneficial effect upon the environment;
(7) the mass production and use of solar heating and cooling
equipment will help to eliminate the dependence of the United
States upon foreign energy sources and promote the national
defense; and
(8) commercial application of solar heating and combined solar
heating and cooling technologies can be expedited by early con-
mercial demonstration under practical conditions.
(b) It is therefore declared to be the policy of the United States
and the purpose of this Act to provide for the demonstration within a
three-year period of the practical use of solar heating technology, and
to provide for the development and demonstration within a five-year
period of the practical use of combined heating and cooling technology.
DEFINITIONS
SEC. 3. For purposes of this Act-
(a) the term "solar heating", with respect to any building,
means the use of solar energy to meet such portion of the total
heating needs of such building (including hot water), or such
portion of the needs of such building for hot water (where its
remaining heating needs are met by other methods), as may be
required under performance criteria prescribed by the Secretary
of the Department of Housing and Urban Development acting in
consultation with the National Bureau of Standards and the Ad-
ministrator of the National Aeronautics and Space Administra-
tion;
(b) the terms "solar heating and cooling" and "combined solar
heating and cooling", with respect to any building, mean the
use of solar energy to provide both such portion of the total heat-
ing needs of such building (including hot water) and such portion
of the total cooling needs of such building, or such portion of the
needs of such building for hot water (where its remaining heating
needs are met by other methods) and such portion of the total
cooling needs of such building, as may be required under per-
formance criteria SO prescribed, and include cooling by means of
nocturnal heat radiation, by evaporation, or by other methods of
meeting peakload energy requirements at nonpeakload times;
and
(c) the term "residential dwellings" includes mobile homes,
apartments, existing homes and new construction, and publicly
assisted housing owned by a private sponsor or a State or local
housing authority.
(i)
3
(d) the term "Administrator" means the Administrator of the
National Aeronautics and Space Administration; and
(e) the term "Secretary" means the Secretary of the Depart-
ment of Housing and Urban Development.
CONDUCT OF ACTIVITIES IN SOLAR HEATING AND COOLING TECHNOLOGIES
BY NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SEC. 4 Section 203 of the National Aeronautcis and Space Act of
1958 (42 U.S.C. 2473) is amended by redesignating subsection (b) as
subsection (c), and by inserting immediately after subsection (a) the
following new subsection:
"(b) The Administration shall initiate, support, and carry out basic
and applied research, development, demonstrations, and other related
activities in solar heating and cooling technologies, including (to the
extent that funds are appropriated therefor) activities as provided
for in sections 5, 6, and 7 of the Solar Heating and Cooling Demon-
stration Act of 1974.".
DEVELOPMENT OF SOLAR HEATING SYSTEMS TO BE USED IN
RESIDENTIAL DWELLINGS
SEC. 5. (a) The Administrator and the Secretary shall promptly
initiate and carry out a program as provided in this section, for the
development and demonstration of solar heating systems, including
collectors, controls and thermal storage, for use in residential dwellings.
(b) (1) Within six months after the date of the enactment of this
Act, the Secretary, in consultation with the National Bureau of
Standards and the Administrator, shall determine, prescribe, and
publish-
(A) performance criteria for solar heating equipment and
systems to be used in residential dwellings, and
(B) performance criteria (relating to suitability for solar
heating) for such dwellings themselves,
taking into account in each instance climatic variations existing be-
tween different geographic areas.
(2) As soon as possible after the publication of the performance
criteria prescribed under paragraph (1), the Secretary will select on
the basis of open design competition a number of designs for various
types of residential dwellings suitable for and adapted to the installa-
tion of solar heating systems meeting the performance criteria pre-
scribed under paragraph (1) (A).
(c) The Administrator, in accordance with the applicable provisions
of title II of the National Aeronautics and Space Act of 1958, and
in consultation with the Secretary shall-
(1) enter into such contracts and grants as may be necessary
or appropriate for the development (for commercial production
and residential use) of solar heating systems meeting the per-
formance criteria prescribed under subsection (b) (1) (A) (includ-
ing any further planning and design which may be required to
conform with the specifications set forth in such criteria); and
(2) enter into contracts with a number of persons or firms for
the procurement of solar heating systems including prototypes
meeting the performance criteria of subsection (b) (1) (A) of this
4
section (including adequate numbers of spare and replacement
parts for such systems).
(d) The Secretary shall, as soon as feasible, award contracts for
the construction of prototype demonstration dwellings and shall
make arrangements to install in such dwellings and, if appropriate,
in existing dwellings, solar heating systems procured by the Adminis-
trator under subsection (c) (2) of this section. Title to and ownership
of such dwellings, including ownership of the solar heating systems
installed therein, shall be conveyed to purchasers of such dwellings
under terms and conditions prescribed by the Secretary, including an
express agreement that such purchaser shall, in such manner and
form and on such terms and conditions as the Secretary may prescribe,
observe and monitor (or permit the Secretary or his agents to observe
and monitor) the performance and operation of such system for a
period of five years, and that such purchaser (including any subse-
quent owner and occupant of the property who also makes such an
agreement) shall regularly furnish the Secretary with such reports
thereon as the agreement may require.
(e) The Secretary of Defense shall, as soon as feasible, award
contracts for the construction of prototype demonstration dwellings
on Federal or federally administered property and shall make arrange-
ments to install in such dwellings and, if appropriate, in existing
dwellings, solar heating systems procured by the Administrator under
subsection (c) (2) of this section.
(f) The Secretary and the Secretary of Defense shall coordinate
their activities under this section to assure that solar heating systems
are installed in substantial numbers of residential dwellings and in a
sufficient number of geographic areas under varying climatic condi-
tions to constitute a realistic and effective demonstration in support of
the objectives of this Act.
(g) The Secretary, in coordination with the National Bureau of
Standards, and the Administrator, and the Secretary of Defense, shall
have the general function of monitoring the performance and operation
of all solar heating systems installed in residential dwellings under this
section, and of collecting and evaluating data and information on such
performance and operation; and he shall from time to time make such
findings and recommendations and take such other actions (including
the submission of special reports to the Congress when appropriate) as
may be necessary to assure that the program under this section effec-
tively carries out the objectives of this Act. The Secretary shall in
addition maintain continuing liaison with the building industry and
related industries and interests, during and after the period of the
program under this section, with the objective of assuring that the
projected benefits of such program are and will continue to be effec-
tively realized.
DEVELOPMENT OF COMBINED SOLAR HEATING AND COOLING SYSTEMS
TO BE USED IN RESIDENTAL DWELLINGS
SEC. 6. (a) The Administrator and the Secretary shall promptly
initiate and carry out a program as provided in this section for the
development and demonstration of combined solar heating and cooling
systems for use in residential dwellings.
(b) (1) As soon as possible after the date of the enactment of this
Act, the Secretary, in consultation with the National Bureau of
5
Standards and the Administrator, shall determine, prescribe, and
publish-
(A) performance criteria for combined solar heating and cooling
equipment and systems to be used in residential dwellings, and
(B) performance criteria (relating to suitability for solar
heating and cooling) for such dwellings themselves,
taking into account in each instance climatic variations existing
between different geographic areas.
(2) As soon as possible after the publication of the performance
criteria prescribed under paragraph (1) (and if possible before the
completion of the research and development provided for in sub-
section (c)), the Secretary will select on the basis of open design
competition a number of designs for various types of residential
dwellings suitable for and adapted to the installation of combined solar
heating and cooling systems meeting the performance criteria pre-
scribed under paragraph (1) (A).
(c) During the period immediately following the publication of
performance criteria under subsection (b) (1), the Administrator shall
undertake and conduct with respect to solar heating and cooling a
program of research, development, and testing, designed to provide
the additional technological resources necessary for the development
and commerical application of combined solar heating and cooling
systems as contemplated by the program under this section.
(d) The Administrator, in accordance with the applicable provisions
of title II of the National Aeronautics and Space Act of 1958 and in
consultation with the Secretary, and at the earliest possible time dur-
ing or immediately after the period specified in subsection (c), shall----
(1) enter into such contracts and grants as may be necessary
or appropriate for the development (for commercial production
and residential use) of combined solar heating and cooling systems
meeting the performance criteria prescribed under subsection
(b) (1) (A) (including any further planning and design which
may be required to conform with the specifications set forth in
such criteria or to reflect the results of the activities conducted
under subsection (c)) and
(2) enter into contracts with a number of persons or firms for
the procurement of combined solar heating and cooling systems
including prototypes meeting the performance criteria of sub-
section (b) (1) (A) of this section (including adequate numbers of
spare and replacement parts for such systems).
(e) The Secretary shall, as soon as feasible, award contracts for the
construction of prototype demonstration dwellings and shall make
arrangements to install in such dwellings and, if appropriate, in
existing dwellings, combined solar heating and cooling systems pro-
cured by the Administrator under subsection (d) (2) of this section.
Title to and ownership of such dwellings, including ownership of the
combined solar heating and cooling systems installed therein shall be
conveyed to purchasers of such dwellings under terms and conditions
prescribed by the Secretary, including an express agreement that such
purchaser shall, in such manner and form and on such terms and
conditions as the Secretary may prescribe, observe and monitor (or
permit the Secretary or his agents to observe and monitor) the per-
formance and operation of such system for a period of five years, and
S.R. 734-2
6
that such purchaser (including any subsequent owner and occupant of
the property who also makes such an agreement) shall regularly
furnish the Secretary with such reports thereon as the agreement may
require.
(f) The Secretary of Defense shall, as soon as feasible, award con-
tracts for the construction of prototype demonstration dwellings on
Federal or federally administered property and shall make arrange-
ments to install in such dwellings and, if appropriate, in existing
dwellings, combined solar heating and cooling systems procured by
the Administrator under subsection (d) (2) of this section.
(g) The Secretary and the Secretary of Defense shall coordinate
their activities under this section to assure that solar heating systems
are installed in substantial numbers of residential dwellings and in a
sufficient number of geographic areas under varying climatic condi-
tions to constitute a realistic and effective demonstration in support
of the objectives of this Act.
(h) The Secretary, in coordination with the National Bureau of
Standards, the Administrator, and the Secretary of Defense, shall
have the general function of monitoring the performance and opera-
tion of all solar heating and cooling systems installed in residential
dwellings under this section, and of collecting and evaluating data
and information on such performance and operation; and he shall
from time to time make such findings and recommendations and take
such other actions (including the submission of special reports to the
Congress when appropriate) as may be necessary to assure that the
program under this section effectively carries out the objectives of
this Act. The Secretary shall in addition maintain continuing liaison
with the building industry and related industries and interests, during
and after the period of the program under this section, with the objec-
tive of assuring that the projected benefits of such program are and
will continue to be effectively realized.
DEVELOPMENT OF SOLAR HEATING AND COOLING SYSTEMS FOR
COMMERCIAL BUILDINGS
SEC. 7. The Administrator, in consultation with the General Services
Administration and the National Bureau of Standards and concur-
rently with the conduct of the programs under sections 5 and 6, shall
enter into arrangements with appropriate Federal agencies to carry
out such projects and activities (including demonstration projects)
with respect to office buildings, factories, agricultural structures
(including crop-drying facilities), public buildings (including schools
and colleges), and other commercial or industrial buildings, taking
into account the special needs of and individual differences in such
buildings based upon size, function, and other relevant factors, as
may be appropriate for the early development and demonstration of
combined solar heating and cooling systems suitable and effective for
use in such buildings.
LARGE-SCALE DEMONSTRATION OF SOLAR HEATING AND COOLING
SYSTEMS
SEC. 8. In addition to the prototype demonstration under sections
5, 6, and 7, the Secretary is authorized to undertake and carry out
7
large-scale demonstrations of the utilization of solar heating systems
and of combined solar heating and cooling systems if, after consultation
with the Administrator, he determines that such large-scale demon-
strations are necessary to expedite widespread acceptance of utilization
of such systems.
DISSEMINATION OF INFORMATION AND OTHER ACTIONS TO PROMOTE
PRACTICAL USE OF SOLAR HEATING AND COOLING TECHNOLOGIES
SEC. 9. (a) The Secretary shall take all possible steps to assure that
full and complete information with respect to the demonstrations and
other activities conducted under this Act is made available to Federal,
State, and local authorities, the building industry and related segments
of the economy, and the public at large, both during and after the
close of the programs under this Act, with the objective of promoting
and facilitating to the maximum extent feasible the early and wide-
spread practical use of solar energy for the heating and cooling of
buildings throughout the United States. In accordance with regulations
prescribed under section 12, such information shall be disseminated
on a coordinated basis by the Secretary, the Administrator, the
National Bureau of Standards, the National Science Foundation, the
Patent Office, and other appropriate Federal offices and agencies.
(b) In addition the Secretary shall-
(1) study and investigate the effect of existing building codes,
zoning ordinances, and other laws, codes, ordinances, and prac-
tices upon the practical use of solar energy for the heating and
cooling of buildings; and
(2) determine the extent to which such laws, codes, ordinances,
and practices should be changed to permit or facilitate such
use, and the methods by which any such changes may best be
brought about.
(c) (1) In carrying out his functions under subsections (a) and (b)
the Secretary, utilizing the capabilities of the National Aeronautics
and Space Administration, Department of Commerce, and the
National Science Foundation to the maximum extent possible, shall
establish and operate a Solar Heating and Cooling Information Data
Bank (hereinafter in this subsection referred to as the "bank") for
the purpose of collecting, reviewing, processing, and disseminating
solar heating and cooling information and data in a timely and
accurate manner in support of the objectives of this Act.
(2) Information and data compiled in the bank shall include-
(A) technical information (reports, journal articles, disserta-
tions, monographs, project descriptions, etc.) on solar energy
research, development, and applications;
(B) similar technical information on the design, construction,
and maintenance of buildings compatible with solar heating and
cooling concepts;
(C) physical and chemical properties of the materials required
for solar heating and cooling;
(D) climatic conditions in appropriate areas of the United
States, including those areas where the demonstrations are to be
located; and
(E) engineering performance of devices utilized in solar heating
and cooling or to be employed in the demonstration.
8
(3) In accordance with regulations prescribed under section 12(a),
the Secretary shall provide retrieval and dissemination services to
cover the solar heating and cooling information described under
paragraph (2) for-
(A) Federal, State, and local government organizations that
are active in the area of energy resources (and their contractors);
(B) universities and colleges in their related research and
consulting activities; and
(C) the private sector upon request in appropriate cases.
(4) In carrying out his functions under this subsection, the Secretary
shall utilize, when feasible, the existing data base of scientific and
technical information in Federal agencies, adding to such data base
any information described in paragraph (2) which does not already
reside in such base.
(d) Each Federal officer and agency having functions under this
Act shall include in his or its annual report to the President and the
Congress a full and complete description of his or its activities (current
and projected) under this Act, along with his or its recommendations
for legislative, administrative, or other action to improve the programs
under this Act or to achieve the objectives of this Act more promptly
and effectively. In addition, the Secretary shall submit annually to
the President and the Congress a special report summarizing in
appropriate detail all of the activities (current and projected) of the
various Federal officers and agencies having functions under this
Act, with the objective of presenting a comprehensive overall view of
such programs.
ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS
SEC. 10. In carrying out their functions under this Act, all Federal
officers and agencies shall take steps to assure that small business
concerns will have a realistic and adequate opportunity to participate
infthe programs under this Act to the maximum extent possible.
PRIORITIES
SEC. 11. The Secretary will set priorities as far as possible consistent
with the intent and operation of this Act, to consider the following
criteria:
(a) The residential dwellings referred to in subsections (d) and (e)
of section 5 and subsections (e) and (f) of section 6 shall be located
in sufficient number of different geographic areas in the United States
to assure a realistic and effective demonstration of the solar heating
systems and combined solar heating and cooling systems involved,
and of the dwellings themselves, under climatic conditions which vary
as much as possible. A reasonable number not less than 30% of such
residential dwellings shall be constructed in rural areas, or in towns
and cities the population of which does not exceed 25,000.
(b) The particular need for assistance under this Act in areas with
high density of population and prospects for future growth where
early development of solar demonstration projects may more quickly
reduce reliance on regular fuel supplies now in short supply.
9
(c) The desirability of encouraging those projects in which funds
appropriated by any State or political subdivision thereof for the
purpose of sharing costs with the Federal Government, for the pro-
curement of solar heating and combined solar heating and cooling
equipment, are committed before or after the date of the enactment
of this Act.
REGULATIONS
SEC. 12. The Administrator and the Secretary, in consultation with
the Administrator of the General Services Administration, the Secre-
tary of Defense, the National Bureau of Standards, and other ap-
propriate officers and agencies, shall prescribe such regulations as
may be necessary or appropriate to carry out this Act promptly and
efficiently. Each such officer or agency, in consultation with the Secre-
tary, may prescribe such regulations as may be necessary or appro-
priate to carry out his or its particular functions under this Act
promptly and efficiently.
TRANSFER OF FUNCTIONS
SEC. 13. Within sixty days after the effective date of the law creat-
ing the Energy Research and Development Administration or any
other law creating a permanent Federal organization or agency having
jurisidiction over the energy research and development functions of
the United States (or within sixty days after the enactment of this
Act if the effective date of such law occurs prior to the enactment of
this Act), all of the research and development functions vested in the
National Aeronautics and Space Administration under this Act and
any funds which may have been appropriated pursuant to section 14
of this Act, to the extent necessary or appropriate, may, in accordance
with regulations prescribed by the Office of Management and Budget,
be transferred to and vested in the Energy Research and Development
Administration or such other organization or agency.
AUTHORIZATION OF APPROPRIATIONS
SEC. 14. (a) There is hereby authorized to be appropriated to the
National Aeronautics and Space Administration for fiscal year 1975
$5,000,000 to carry out the functions vested in the Administrator by
this Act.
(b) There is hereby authorized to be appropriated to the Depart-
ment of Housing and Urban Development for fiscal year 1975
$5,000,000, and for fiscal years 1976, 1977, 1978, and 1979 such ad-
ditional funds as may be required to carry out the functions assigned
to the Secretary by this Act.
Amend the title SO as to read:
An Act to provide for the early commercial demonstration
of the technology of solar heating by the National Aero-
nautics and Space Administration and the Department of
Housing and Urban Development, in cooperation with other
Federal agencies, and for the early development and com-
mercial demonstration of technology for combined solar
heating and cooling.
10
I. NEED FOR THE LEGISLATION
The recent fuel shortage in America has affected the life of virtually
every American. For almost all, it has been a great inconvenience; for
many, a near disaster. The effect upon the economy has been pro-
found. The price of gasoline has skyrocketed, many businesses and
industries have been forced to cut back their operations, and unem-
ployment has risen. This situation has revealed the dangers of relying
on foreign States to supply us with fuel and has indicated the limita-
tion of our own resources at present. Investigations into possible solu-
tion to the crisis have been focused on the need for a secure, accessible,
and unlimited source of energy. One resource which meets all of these
needs is solar energy. First, it is secure from the threat of foreign
interference. Second, recent technological advances promise to make it
readily accessible. Finally, the source of energy is as vast as the power
which maintains life itself on this planet. Although much research is
still required before all the uses of this energy source are fully ap-
preciated and utilized, there does exist one use that should be available
for commercial use on a large scale in the relatively near term-solar
heating and cooling of buildings.
This concept is not new. It has been attractive ever since researchers
determined that the sun is pouring energy into the earth at the in-
credible rate of a thousand watts per square meter. Over the past
thirty years, several enterprising individuals and organizations have
developed solar homes of varying designs and performance characteris-
tics. Cheap and plentiful alternative fuels have been the major factor
contributing to the slow growth and low level of interest in this field.
Now that the fuel shortage has altered the economics of energy, the
concept of developing solar heated homes has merited renewed interest.
However, the inhibiting factor remains that the operating experience
necessary for large scale commercial implementation of this technology
does not exist. Such a myriad of technical, social and aesthetic prob-
lems are associated with development of solar heating and cooling
systems that government must play a vital role in achieving this op-
erating experience. Thus, the next logical step is legislation to co-
ordinate Federal agencies, designate responsibility, and outline policy
to achieve this goal-development and demonstration of solar heating
and solar heating and cooling systems for buildings.
II. SUMMARY OF THE AcT
H.R. 11864, as amended, would accomplish the important and
timely "next logical step" required to implement the wide-spread
public acceptance and practical use of solar energy for heating and
cooling of various classes of buildings in the next few years.
Statement of Policy
The bill declares that it is the policy of the United States to accom-
plish the demonstration of the practical use of solar heating technology
within three years, and to accomplish the research, development,
and demonstration of the practical use of combined solar heating and
cooling technology within a five-year period.
Agency Responsibility and Coordination
The National Aeronautics and Space Administration (NASA) will
be in charge of the research, development, and manufacture of solar
11
heating and combined solar heating and cooling equipment, meeting
performance criteria prescribed by the Department of Housing and
Urban Development (HUD).
HUD will install in residential dwellings the equipment procured by
NASA; the Department of Defense (DOD) will install the equipment
in Federal dwellings. HUD will monitor performance and disseminate
information on these projects.
Similar arrangements will be made for demonstration projects in
cooling other classes of buildings.
The solar heating program is programmed for three years; the
combined heating and cooling program for five years.
Development of Residential Solar Heating Systems
NASA shall carry out the development of solar heating systems for
residential dwellings. This includes the responsibility for contracting for
the development, prototypes and manufacturing of the systems in
substantial numbers. Substantial numbers will be administratively
defined, since preset figures would be too speculative and confining
for an experimental program of the type envisioned. The program
will proceed in increments or stages SO that evolving technology in
solar collectors, storage and control systems may be sufficiently
evaluated and ultimately improved upon.
The solar heating systems developed and contracted for by NASA
are to meet the performance criteria prescribed by HUD. These per-
formance criteria are to be published six months after the enactment
of the bill. HUD will also prescribe performance criteria for the
residential dwellings in which the equipment is to be installed, in
order to assure satisfactory performance of the solar heating systems
under varied climatic conditions. A design competition for homes
meeting these performance criteria will be conducted by HUD SO that
an adequate number of "off the shelf" designs will be available to
individuals and small builders to install solar heating systems.
The solar heating systems manufactured under contract to NASA
are to be installed in both private and publicly-owned dwellings.
The Secretary of Defense shall make arrangements for the installation
of the systems in Federal and federally administered dwellings. Con-
struction of and installation in privately owned and occupied residences
shall be carried out by arrangements made by the Secretary of HUD.
The installation phase would proceed in increments or stages SO that
various promising technologies can be demonstrated and evaluated.
Ownership of the dwellings and heating systems shall be conveyed
to the purchaser with an express five-year agreement. Under the terms
of this agreement, the purchaser shall monitor and report on the
operation of the system to the Secretary of HUD. During this period,
the expense of maintenance and repair of the heating system and its
related effects will be borne by the Government under current law.
HUD in coordination with other agencies, has general responsibility
for the monitoring and evaluation functions. HUD must also report
on the progress of the demonstration, and maintain a continuing
liaison with the building industry and related industries during and
after the demonstration program. The liaison will be directed toward
assuring that the benefits of this demonstration program will be real-
ized by the nation on a continuing basis.
12
Development of Residential Combined Solar Heating and Cooling Systems
The conduct of this program is virtually identical to that of the
heating program. The major exception is that NASA is authorized to
undertake a separate research and development program for combined
solar heating and cooling systems that would meet the performance
criteria established by HUD. As it is anticipated that this research
and development phase will require about two years, the total time
planned for the combined heating and cooling program is five years.
Commercial Buildings
NASA is directed to enter into arrangements with appropriate
Federal agencies to carry out solar heating and cooling demonstration
projects with respect to a wide range of commercial buildings, such as
school, industrial, office, and agricultural structures. It is anticipated
that arrangements patterned after those applied to residential dwell-
ings would be followed.
NBS is to participate in the commercial demonstration in ways
similar to its participation in the residential dwelling program. Be-
cause of its unique responsibility for public buildings, the General
Services Administration is expected to play an important role in this
aspect of the overall program.
Large Scale Demonstration of Solar Heating and Cooling Systems
After completion of the prototype demonstrations, the Secretary of
HUD may carry out large scale demonstrations if, in consultation
with the Administrator of NASA, he determines that such demon-
strations are necessary to enhance the widespread acceptance of the
solar systems.
Dissemination of Information-Information Data Bank
As part of its responsibilities to assure continuing public benefit
from this program, HUD is required to undertake comprehensive
programs that would assure dissemination of all relevant information
produced under this demonstration program. HUD shall submit to
the President and Congress a summary annual report detailing all
activities relating to programs under this bill. HUD is also charged
with establishing and operating a Solar Heating and Cooling Infor-
mation Bank. This bank shall collect, review, process, and disseminate
information on solar heating and cooling in order to support the ob-
jectives of the bill, and encourage the widespread utilization of infor-
mation related to solar heating and cooling of buildings and water.
Studies and Investigations
HUD is charged with studying, investigating, and reporting on ways
that building codes, zoning, ordinances, and other laws and practices
can be modified in order to facilitate widespread use of solar energy
for heating and cooling buildings.
Small Business
All Federal agencies participating in this demonstration program
are charged with taking steps to assure adequate opportunities for
participation by small business firms.
Priorities
The Secretary will establish priorities in selecting areas to be demon-
stration sites. It is recommended that geography, climate, population,
growth rate, and local initiative of candidate communities be con-
13
sidered. However, the over-riding priority is to pursue as closely as
possible the general operation and intent of this Act, including installa-
tion of systems in varying climatic regions where conditions permit
realistic demonstration and evaluation.
Transfer of Functions
Research and development functions vested in NASA by this Act,
and funds appropriated pursuant to the Act, may be transferred to
any new permanent organization having jurisdiction over energy
research and development, such as the proposed Energy Research
and Development Administration, should such an agency be estab-
lished by law.
Authorization of Appropriation
$5 million is authorized to be appropriated to NASA, and $5 million
is authorized to be appropriated to HUD to initiate this program in
Fiscal 1975. Additional funds are authorized to be appropriated to
HUD for Fiscal Years 1976, 1977, 1978, and 1979 as may be required
to carry out the functions assigned to HUD by this Act.
III. COST ESTIMATES FOR THE ACT
In accordance with section 252(a) of the Legislative Reorganization
Act of 1970 (Public Law 91-150, 91st Congress) the Committee pro-
vides the following estimate of cost:
For administration of the Act, the cost shall not exceed $10 million
for the first year of operation. Funding required in succeeding years
cannot be accurately forecast until decisions are made on numbers
and types of units and locations, and the results of initial efforts are
known. The Administrator of NASA has estimated that approximately
$50 million is presently anticipated to be needed for the 5-year NASA
effort. But that estimate may vary as the program proceeds. Appro-
priations will be subject to congressional review for each year of the
program.
IV. LEGISLATIVE HISTORY
The original version of this legislation was introduced in the House
of Representatives on October 16, 1973, as H.R. 10952. A companion
bill, S. 2658, was introduced by Senators Moss and Weicker on
November 5, 1973.
Hearings were held by the House Committee on Science and
Astronautics on November 13, 14, and 15. An amended bill, H.R.
11864, was reported by the Committee and passed by the House on
February 13, 1974, and referred to the Senate Committee on Aero-
nautical and Space Sciences.
Senate Hearings
The Senate Committee conducted hearings on S. 2658 and H.R.
11864 on February 25.
A total of 12 witnesses, including representatives of Federal agencies,
university research organizations, and industry, offered prepared
testimony.
The witnesses and the emphasis of their testimony, in the order of
their appearance before the Committee, were:
1. The Honorable Mike McCormack, Chairman, Subcommittee on
Energy, Committee on Science and Astronautics, U.S. House of
14
Representatives. He outlined the principal differences between S. 2658
and H.R. 11864, and advocated adoption of the language in the House
bill. The key elements which he wished incorporated in the Senate
bill included:
Delegation of responsibility to HUD in the demonstration
phase, and the correlated redefinition of NASA's responsibilities.
Establishment of a Data Bank to process and disseminate solar
heating and cooling information.
Extension of limitations of federally assisted mortgage loans to
cover the increased costs of dwellings equipped with solar systems.
Establishment of priorities to be considered in the selection of
demonstration sites.
Transfer of all the functions vested in NASA and the National
Science Foundation (NSF), along with related records and
personnel, to the Energy Research and Development Admin-
istration (ERDA) or any other permanent Federal organization
having jurisdiction over energy research and development.
2. Dr. H. Guyford Stever, Director, National Science Foundation.
He supported the demonstration concept but felt that it was pre-
mature. He indicated that NSF, designated by the Administration as
the lead agency in solar energy research, did not feel that the time
was appropriate for such a demonstration. In addition, he stated that
coordinated management by the Energy, Research and Development
Administration (ERDA), when and if it comes into existence, would
be essential. He said that the provisions of the bill relating to NSF
were unnecessary.
3. Dr. James C. Fletcher, Administrator, National Aeronautics and
Space Administration. He supported the objectives of the bill but
agreed with Dr. Stever that, until ERDA comes into existence, the
NSF should continue as the lead agency in solar energy research.
However, he also stated that an early prototype demonstration pro-
gram involving varied concepts could have a major impact on the
energy problem. He foresaw no major problems in coordinating such
a program with ERDA. Finally he proposed a two-phase program as the
optimum manner in which to accelerate the solar heating and cooling
demonstration. The first phase would be the development phase con-
ducted by NASA and the second phase would be the actual house-
building and installation phase conducted by HUD and DOD.
4, 5. Drs. Marjorie P. and Aden B. Meinel, Optical Sciences Center,
University of Arizona, Tucson. They indicated that the concept of the
bill was very important, but that the main thrust should be directed
toward commercial buildings. They firmly believed in a demonstration
project as a starting point from which solar technology and industry
could eventually mature.
6. Mr. Michael H. Moskow, Assistant Secretary, Policy Develop-
ment and Research, Department of Housing and Urban Develop-
ment. He supported the Administration position that NSF at present,
and ERDA in the future, should have the lead responsibility in this
area. Also, he favored a two phase approach similar to Dr. Fletcher's
in which NASA would conduct a program of systems development in
one phase, and HUD would conduct a program of systems installation
in another. He claimed that a mere increase in mortgage limitations
would not provide a sufficient incentive to the individual, however. He
felt that the answer was not to increase FHA mortgage limitations but
15
to have the Federal government bear all, or a very large portion, of the
increased costs, which he estimated would double the cost of a similar
conventional dwelling. He also felt that production of prototype
systems will provide a basis from which to assess the validity and
economic feasibility of the previously determined performance criteria.
"It is at this point-and only at this point-that we believe the size
and scope, and indeed, the very necessity of a large-scale demonstra-
tion can be determined."
7, 8. Mr. Lewis Cenker, President, National Association of Home
Builders, and Mr. Ralph J. Johnson, Director of the NAHB Research
Foundation. They supported the concept of the bill and also proposed
a smaller scale prototype-production method of conducting the program,
similar to Mr. Moskow's suggestion. They also favored utilizing HUD
to conduct the demonstration phase of the program.
9. Mr. John Eberhard, President, American Institute of Architects
Research Corporation. He recommended using the language in H.R.
11864 describing open design competition for dwellings incorporating
solar systems. He doubted if demonstrations were needed, and agreed
with earlier witnesses that prototypes should precede any large scale
demonstration.
10. Rear Admiral Nathan Sonenshein, Defense Energy Task
Group, Department of Defense. He supported the objectives of H.R.
11864, but stated that limitations on the size of Federal housing
would have to be extended.
11. Mr. Walter A. Meisen, Assistant Commissioner, Office of
Construction and Management, General Services Administration.
He agreed with the general objectives of the bill and the role that GSA
could play, but said that ERDA should be considered. He felt that
one encouraging feature of the bill is that it recognizes the need for
early development of solar collectors. He warned against the dangers
of developing standards that are too complex and specific at this
stage. Finally, he noted that industrial and manufacturing firms have
much to contribute to the design effort.
12. Dr. John I. Yellot, Visiting Professor in Architecture, College
of Architects, Arizona State University, Tempe, Arizona. Dr. Yellot
supported the concept of development of solar heating and cooling
systems and suggested including development of thermal storage and
evaporative devices as objectives of the bill.
The oral testimony was supplemented by written statements from:
1. Honorable George McGovern, a Senator in the U.S. Congress,
from the State of South Dakota.
2. Honorable Hubert H. Humphrey, a Senator in the U.S. Congress,
from the State of Minnesota.
3. Honorable William Lehman, a Representative in the U.S. Con-
gress, from the thirteenth District of the State of Florida.
4. Dr. K. W. Boer, Director, Institute of Energy Conversion,
University of Delaware, Newark, Delaware.
5. Dr. Peter C. Goldmark, President and Director of Research,
Goldmark Communications Corporation, Stamford, Connecticut.
6. Mr. Fred Dubin, Dubin-Mindell-Bloome Associates, West
Hartford, Connecticut.
7. Mr. Howard C. Slack, H. C. Slack and Associates, Baltimore,
Maryland.
16
8. Dr. Peter E. Glaser, Vice President, Arthur D. Little, Inc.,
Cambridge, Massachusetts.
9. Honorable Thomas J. Meskill, Governor of the State of
Connecticut.
V. COMMITTEE ACTIONS
Markup in Committee on H.R. 11864
On March 11, 1974, the Committee on Aeronautical and Space
Sciences met to consider S. 2658 and H.R. 11864. It was determined
that several amendments were required.
The Committee agreed to report H.R. 11864 with an amendment
striking all after the enacting clause and inserting the Committee
amendments.
Discussion of Key Issues
The principal issues which surfaced during the Committee hearings
and deliberations are outlined in the following table. The positions of
the witnesses with respect to these issues are summarized in an earlier
section, and the Committee view is expressed below.
MAJOR DIFFERENCES-HOUSE BILL/SENATE AMENDMENTS
House bill
Amendments
Residential housing:
Heafing demonstration
"Current technology"
NASA develops technology or uses currently
availabile if it meets performance criteria.
Type of unit
Implies new construction
New, existing.
Housing construction/installation
Responsibility not clear
HUD, DOD to construct, install units fur-
nished by NASA.
Number of units
Must be "manufactured on a
No numerical definition; HUD and NASA
mass productoin basis" 4,000
expected to conduct series of demonstra-
units indicated as one ade-
tions using latest technology from NASA
quate measure.
(and NSF) R. & D. Mass demonstrations
authorized if necessary.
Prototypes before mass demonstra-
Permitted if found necessary
Preferred.
tion.
Funding
Assumes private homeowner
HUD bears increased cost.
bears cost, increases mortgage
ceilings, etc.
Other buildings:
Responsibility
NASA and HUD
NASA to work out arrangements similar to
those in housing.
General provisions:
Transfer to ERDA
Automatic in 60 days
Authorized, not mandatory.
Funding
$50,000,000 to NASA over 5
$5,000,000 to NASA, $5,000,000 to HUD for
years. Other agencies (?)
1st year. HUD authorization for next 4 years.
NSF role
Authorizes basic and applied
Provision deleted as unnecessary. Report
research.
assumes program would continue, with
results provided NASA and HUD, etc.
This bill is designed to apply the technical competence of the
National Aeronautics and Space Administration in research and
development, systems engineering, and the procurement and delivery
of hardware systems to the development of systems for utilizing solar
energy to heat and cool residential, commercial, institutional and
industrial buildings. Further, the bill is designed to utilize the expe-
rience and capabilities of the Department of Housing and Urban
Development and the Department of Defense in the provision of
residential housing, as well as the capabilities of other Federal agen-
cies in order to demonstrate the effectiveness of solar powered sys-
tems to reduce the demands on other types of energy for the heating
and cooling needs of our society. Underlying the basic approach to
this legislation, however, is the concept that in order to assure success
in the eventual adoption of such solar energy systems, it is vital to
17
emphasize the development of technology to produce reliable, durable,
economical and efficient systems. This point is emphasized because it
appears that any approach other than that of sound development
will not convince the ultimate users to adopt this technology. There-
fore, it seems clear that one of the objectives of the bill should be to
stress systems performance comparable to that an owner today
would expect from a conventional heating and/or heating and cooling
system.
Since this bill assigns responsibilities to NASA, HUD and other
Federal agencies, it is essential to delineate clearly the responsibilities
of the respective organizations. NASA is assigned the responsibility
to accomplish the necessary system research and development and
hardware procurement and delivery while HUD is charged with the
responsibility to develop dwelling and system performance criteria
and to make the necessary arrangements for the construction of
dwellings and the installation of the solar heating and/or solar heating
and cooling systems furnished by NASA. While the Committee
recognizes that the House intended the same assignment of responsi-
bilities, the Committee believes that language in the bill should be
more specific and has modified it accordingly. The Committee intends
also that in developing and demonstrating units for structures other
than residential dwellings, the same division of responsibilities for
development and procurement and for construction and installation
would prevail with respect to other agencies engaged with NASA in
such activities.
The Committee received testimony indicating that H.R. 11864
implied the construction of new dwellings or other structures in order
to demonstrate the feasibility of solar heating and cooling systems.
While the Committee believed that there was nothing in the bill
precluding the development of systems for application to and integra-
tion with existing systems and existing dwellings, it would be beneficial
to clarify that application to existing units was contemplated by the
bill, particularly since a very large portion of our residential housing
in existence today will continue to house most of our population for
many years. Therefore, if solar powered systems are going to make a
substantial contribution to reducing demands on other energy sources,
then it follows that attention must be given to the application of these
units to existing homes. The Committee accomplished this by expand-
ing the definition of residential dwellings in Sec. 3(c), and also by
references in Sections 5 and 6.
Although the House, in its report on H.R. 11864, indicated that it
expected new technology to be phased into the demonstration con-
struction and installation program, the Committee was concerned that
the definition of "substantial" as 4,000 units might be misconstrued
and imply that NASA, HUD, and DOD were committed to undertake
a housing development of 4,000 residential units equipped with solar
heating and solar heating and cooling systems. As stated above, the
Committee believes that the principal objective should be the devel-
opment of reliable, durable and efficient systems and that this does
not necessarily require mass demonstrations of such magnitude. In
fact, concern has been expressed that without proper attention such
a program could be a disappointment and could reflect unfavorably
on solar powered systems, thereby negating, in the long run, the energy
savings that the bill was intended to achieve. Therefore, the Com-
18
mittee has modified the bill to provide for a series of demonstrations
incorporating the technology available at the beginning of each demon-
stration. This approach would provide for continuing periodic inputs
of new technology in modest-sized demonstrations rather than imply
an immediate commitment to a large-scale building program. The bill
would further provide that a larger demonstration can be undertaken
if necessary.
Some views were expressed that the industrial community may well
see an opportunity in this area and move to offer reliable, durable
and efficient systems without further NASA or HUD support. The
bill as presented would encourage this approach, particularly since
the Committee would expect NASA to work closely with the industrial
community in its technology development activities. While there may
be differing points of view, it seems increasingly clear that the key to
successful and large scale adaptation and acceptance of solar power
systems by the average individual is going to rest upon confidence in
the equipment which is being offered. Therefore, at the risk of re-
dundancy, the Committee restates that it believes that this should be
the key emphasis of this legislation. Consistent with this objective it
does not necessarily follow that mass demonstrations or specification
of a large number of units is essential to the success of the program.
Installations should be made in such quantities as will accomplish the
objectives of demonstrating performance in sufficient numbers of
geographic areas under varying climatic conditions to constitute a
realistic and effective demonstration. Finally, it seems clear that until
such time as the state-of-the-art is identified and analyzed and a
program laid out, it is not appropriate to mold a program too con-
cretely but to permit responsible executive agencies the freedom to
adjust as developments dictate. Accordingly, the Committee has
introduced the phrase "prototype demonstration dwellings" which is
considered to be consistent with this approach.
In Section 8 of H.R. 11864, as passed by the House, certain responsi-
bilities of the National Science Foundation with respect to solar energy
development would have been restated through an amendment to
Section 3 of the National Science Foundation Act of 1950. The Com-
mittee understood that this change was proposed to delineate more
clearly the respective responsibilities of NSF and NASA in view of
the assignment of certain responsibilities for solar energy functions
to NASA by virtue of H.R. 11864. Based upon testimony received,
including that of the Director of the National Science Foundation, it
is not necessary to SO modify the basic legislation affecting the Na-
tional Science Foundation. In the absence of conflict in responsibilities
or functional assignments, which would not appear to be the case, it
was believed that existing NSF legislation should remain unchanged.
The Committee anticipates that NASA and HUD will make full use
of the results on ongoing NSF basic and applied solar heating and
cooling research and proof of concept work, and feed the demonstra-
tion results back into NSF planning. It is not necessary to spell this
out in legislation.
The Committee has modified the provisions of H.R. 11864 with
respect to the development of solar powered systems for heating and
cooling of commercial buildings to relieve HUD of responsibility in
this area because this is foreign to its on-going responsibility and
expertise. HUD would remain responsible for applications to apart-
ment units. NASA would have the same technology and system
19
development and procurement responsibility as in the residential
area; however, NASA would be expected to work with the General
Services Administration, and other agencies involved in commercial/
industrial type building construction and/or management to conduct
demonstration activities utilizing the same approaches established.
with respect to HUD in residential applications.
H.R. 11864, as passed by the House, included language that would
remove Federal legislative or regulatory restrictions on mortgage
loans or unit costs to the extent an increase was due to solar heating
and cooling systems provided under the bill. The owner eventually
would pay any increased costs, however. The Committee received
testimony that it would be necessary for HUD or other sponsoring
agencies to underwrite most or all of the cost of not only the solar
system equipment, but also the cost of installation of such equipment,
in order to get owner acceptance of the solar power demonstration
system. While granting mortgage exceptions might provide a stimulus
in certain circumstances, the Committee was persuaded that under-
writing of the additional cost was necessary for a successful demonstra-
tion program whatever the size. The bill, as modified, SO provides,
and deletes the mortgage provisions of the House bill. In addition,
the Secretary shall report to Congress on the desirability or necessity
of proposing tax and/or mortgage incentives to encourage production
by the private sector within two years upon enactment of this bill.
The Committee understands that legislation is being drafted to provide
overall incentives for private adoption of solar heating and cooling
technology.
The Committee retained the House provision to transfer the
research and development functions vested in NASA under this
bill to the Energy Research and Development Administration when
and if such an agency with jurisdiction over government-wide energy
research and development functions is created. However, the language
in the bill was modified to make this a permissive rather than manda-
tory transfer as would be required by the House version of H.R. 11864.
While the Committee is in agreement with the concept of unifying
energy research and development functions; it believed that there
ought to be some latitude because of the inability at this time to
foresee or anticipate all the circumstances which might exist at the
time an ERDA or its equivalent is created.
The Committee has substantially changed the authorization of
appropriations as proposed by the House in H.R. 11864. The House
bill specified a sum of $50 million to carry out the functions assigned
to NASA and to reimburse HUD and several other agencies participat-
ing in the program. It was clear from testimony that $50 million was
insufficient to carry out the total program including the construction
of 4,000 demonstration units. The Committee was of the view that in
the absence of precise knowledge of the state-of-the-art and the details
of the program to be carried out, it was not possible to project the
total fiscal requirements of the various agencies at this time. The
Committee recommends a $5 million authorization for FY 1975
for NASA and a $5 million authorization for FY 1975 for HUD as
adequate to initiate the program anticipated by this legislation. An
integral part of the first year's activities would be the development
of a firm program plan SO that funding requirements could be more
precisely determined in subsequent years. The Committee would
expect to review subsequent NASA requirements on an annual basis
20
concurrent with the annual authorization required for all of NASA's
other research and development programs. With respect to HUD,
the bill would authorize such appropriations as may be necessary for
fiscal years 1976, 1977, 1978, and 1979, with the exact amounts to be
determined on an annual basis during the appropriation process.
The Committee understands that this approach would be consistent
with that used by the agency in carrying out housing development
programs which require a program commitment over a period of
years.
While the Committee has provided funding authorization in this bill
for NASA for fiscal year 1975 and for HUD for fiscal years 1975
through 1979, similar provision was not made for funding demonstra-
tion activities of the Department of Defense. Inasmuch as the Com-
mittee understands that all residential housing for the Department of
Defense is authorized as an integral part of the military construction
authorization process, it believes that it is more appropriate that
funding for demonstration activities be included as a part of the
residential housing authorization process.
In amending H.R. 11864, conforming changes have been made to
implement the major revisions discussed in this section of the report.
This includes such changes as incorporation of existing dwellings and
apartments in the definition of the term "residential dwellings", as
well as changes to assure the legal sufficiency of the legislation as
presented.
VI. SECTION-BY-SECTION ANALYSIS OF THE BILL
The first section contains the short title of the bill-the "Solar
Heating and Cooling Demonstration Act of 1974."
SECTION 2. FINDINGS AND POLICY
This section sets forth the policy and purpose of the bill and the
findings on which they are based.
Subsection (a) expresses the findings of the Congress-that the
current fuel and energy shortage is likely to persist; that the early
demonstration of the use of solar energy for heating and cooling
buildings could expedite its commercial application and help relieve
the demand on present fuel and energy supplies; that solar heating
technology is relatively close to commercial application, while the
commercial development of technologies for combined heating and
cooling apparently presents no insoluble technical problems; and that
the development and use of solar heating and cooling equipment will
benefit the environment, eliminate our dependence upon foreign
energy sources, improve our balance of trade, and promote the na-
tional defense.
Subsection (b) declares it to be the policy of the United States and
the purpose of the bill to provide for a 3-year program to demonstrate
the practical use of solar heating technology, and for a 5-year program
to develop and demonstrate the practical use of combined solar heating
and cooling technology. Rather than defining the exact meaning of the
concept of demonstration, it is the general intent that the project shall,
within this time frame, illustrate the feasibility of early widescale
utilization of this technology.
21
SECTION 3. DEFINITIONS
This section contains definitions of terms used in the bill. "Solar
heating" means the use of solar energy to meet such portion of a
building's total heating (or hot water) needs as may be required under
performance criteria to be prescribed by the Secretary of HUD.
"Combined solar heating and cooling" means the use of solar energy
to meet such portion of a building's total heating (or hot water)
needs, and total cooling needs, as may be required under such criteria
(and includes cooling by means of other methods of meeting peakload
energy requirements at non-peakload times). "Residential dwellings"
includes mobile homes, apartments, and publicly assisted housing
It also allows for the retrofitting of the systems into existing dwellings,
as well as integration of the systems in new construction. "Adminis-
trator" means the Administrator of the National Aeronautics and
Space Administration and "Secretary" means the Secretary of the
Department of Housing and Urban Development.
SECTION 4. CONDUCT OF ACTIVITIES IN SOLAR HEATING AND COOLING
TECHNOLOGIES BY NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
This section amends section 203 of the National Aeronautics and
Space Act of 1958 to direct the National Aeronautics and Space Ad-
ministration to initiate, support, and carry out basic and applied re-
search, development, demonstrations, and other activities in solar
heating and cooling technologies (including activities funded under
sections 5, 6, and 7 of the bill). The intent is to allow the Administra-
tion to utilize its facilities and procedures to manufacture, test, and
evaluate these systems.
SECTION 5. DEVELOPMENT OF SOLAR HEATING SYSTEMS TO BE USED
IN RESIDENTIAL DWELLINGS
This section establishes a Federal program for the early develop-
ment and demonstration of solar hearing systems to be used in resi-
dential dwellings. The National Aeronautics and Space Administra-
tion (NASA) in cooperation with other Federal agencies, will be re-
sponsible for the development phase of the program. The Department
of Housing and Urban Development (HUD), in cooperation with other
Federal agencies, will be responsible for the demonstration phase of
the program.
The program described in this section shall be conducted in phases
or series of prototype demonstrations. The intent is to maximize per-
formance while minimizing investment risks.
Subsection (a) directs the Administrator of NASA and the Secre-
tary of HUD to initiate and carry out the development and demon-
stration program in accordance with the succeeding provisions of the
section.
Subsection (b) provides for the initial stage of the program. It directs
the Secretary, in consultation with the Administrator and the Na-
tional Bureau of Standards (NBS), to (1) determine, prescribe, and
publish, within six months after enactment, performance criteria for
solar heating systems to be used in residential dwellings and similar
22
criteria (relating to suitability for solar heating) for the dwellings
themselves, taking into account climatic variations, and (2) to select,
as soon as possible thereafter, on the basis of open design competition,
a number of designs for various types of residential dwellings which
are suitable for the installation of solar heating systems meeting the
applicable criteria SO prescribed. The participation of qualified pro-
fessionals (including advanced students in architecture, engineering,
and related fields) is greatly encouraged, but the competition will be
open to all qualified individuals and organizations. The Secretary shall
specify regulations for the competition as soon as possible after the
publication of the performance criteria.
Subsection (c) describes the development portion of the program.
The Administrator, in consultation with the Secretary, is directed to
enter into contracts and extend grants for the development (for com-
mercial production and residential use) of solar heating systems meet-
ing the applicable performance criteria prescribed under subsection (b).
The Administrator would then enter into contracts with various
persons and firms for the procurement of solar heating systems, in-
cluding prototypes, spare and replacement parts.
Subsection (d) directs the Secretary to award contracts for the con-
struction of prototype demonstration dwellings and to make arrange-
ments to install solar heating systems in these dwellings, and existing
dwellings. Ownership of such dwellings shall be conveyed to the pur-
chaser according to conditions prescribed by the Secretary. Under
this agreement, the purchaser shall have the responsibility of report-
ing on the performance of the system to the Secretary for a period of 5
years. During this period, the expense of maintenance and repair of
the heating system and its related effects shall be borne by the govern-
ment.
Subsection (e) directs the Secretary of Defense to award contracts
for the construction of prototype dwellings on Federal property, and
to make arrangements to install solar heating systems in such dwell-
ings and, if appropriate, in existing dwellings.
Subsection (f) directs the Secretary and Secretary of Defense to
assure that the systems are installed in substantial numbers and under
a sufficient number of varying climatic conditions to constitute an
effective demonstration. "Substantial numbers" shall be adminis-
tratively defined, since preset figures would be too speculative and
confining for such an experimental program.
Subsection (g) vests in the Secretary (in coordination with NBS, the
Administrator, and the Secretary of Defense) the general function of
monitoring the performance and operation of all solar heating systems
installed under the program, collecting and evaluating information
thereon, taking such actions as are necessary to assure that the pro-
gram effectively carries out the objectives of the bill, and maintaining
continuing liaison with the building industry and related industries
and interests to assure that the projected benefits of the program are
and will continue to be effectively realized.
SECTION 6. DEVELOPMENT OF COMBINED SOLAR HEATING AND COOLING
SYSTEMS TO BE USED IN RESIDENTIAL DWELLINGS
This section establishes a Federal program for the development
and demonstration of combined solar heating and cooling systems
to be used in residential dwellings which includes the same steps as
23
the program established by section 5 for the development and demon-
stration of solar heating systems alone, and which is otherwise the
same as that program in all procedural respects with a single exception:
Reflecting the fact that the technologies for combined solar heating
and cooling are not as close to the point of commercial application
as the technologies for solar heating alone, the program under this
section of the bill includes as an additional step (immediately following
the initial stage of the program and before the stage of contracting
for development and manufacture) a period of research, development,
and testing designed to provide the additional technological resources
necessary for the development and commercial application of com-
bined solar heating and cooling systems under the program as con-
templated by the bill.
SECTION 7. DEVELOPMENT OF SOLAR HEATING AND COOLING SYSTEMS
FOR COMMERCIAL BUILDINGS
This section directs the Administrator, in consultation with NBS
and the General Services Administration (and concurrently with the
demonstration programs involving residential dwellings under sec-
tions 5 and 6 of the bill), to carry out appropriate projects and ac-
tivities for the early development and demonstration of combined
solar heating and cooling for use in office buildings, factories, agri-
cultural structures, public buildings, schools, and other commercial
and industrial buildings. These projects and activities would take
into account the special needs of and individual differences in such
buildings based on size, function, and other relevant factors.
SECTION 8. LARGE-SCALE DEMONSTRATION OF SOLAR HEATING AND
COOLING SYSTEMS
This section authorizes the Secretary to carry out large-scale
demonstrations following the prototype demonstrations. The Secre-
tary will first consult with the Administrator to determine if such an
approach is necessary to expedite widespread acceptance of the utili-
zation of such systems.
SECTION 9. DISSEMINATION OF INFORMATION AND OTHER ACTIONS TO
PROMOTE PRACTICAL USE OF SOLAR HEATING AND COOLING TECH-
NOLOGIES
Subsection (a) of this section directs the Secretary of HUD, in
coordination with the Administrator of NASA, NBS, NSF, the Patent
Office, and other Federal agencies, to assure that full information with
respect to the demonstration programs and other activities under the
bill is made available to public authorities, the building industry and
related segments of the economy, and the public at large, with the
objective of promoting and facilitating the early and widespread
practical use of solar energy for heating and cooling buildings.
Subsection (b) further directs the Secretary of HUD to study and
investigate existing building codes, zoning ordinances, and related
laws and practices to determine their effect upon the practical use of
solar energy for heating and cooling buildings and the extent to which
they should be changed to permit or facilitate such use.
24
Subsection (c) directs the Secretary of HUD (utilizing the capabili-
ties of NASA, NBS, and NSF and the existing data base of scientific
and technical information in Federal agencies) to establish and oper-
ate a Solar Heating and Cooling Information Data Bank to collect,
review, process and disseminate solar heating and cooling information
and data, including relevant types of technical information and infor-
mation on the physical and chemical properties of solar heating and
cooling materials, climatic conditions, and the engineering performance
of solar heating and cooling devices. Retrieval and dissemination of
this information would be provided for Federal, State, and local gov-
ernment organizations active in the energy field (and their contrac-
tors), to colleges and universities in related research and consulting
activities, and to the private sector upon request in appropriate cases.
Subsection (d) directs each Federal officer and agency engaged in
activities under the bill to include a full description of such activities
current and projected (with related recommendations) in his or its
annual report to the President and the Congress. In addition, the
Secretary of HUD is directed to submit annually a special report
summarizing all of the current and projected activities of the various
Federal officers and agencies having functions under the bill in order
to provide a comprehensive overall view of the various programs under
the bill.
SECTION 10. ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS
This section directs all Federal officers and agencies performing
functions under the bill to assure that small business concerns are
given a realistic and adequate opportunity to participate in the new
solar heating and solar heating and cooling demonstration programs.
SECTION 11. PRIORITIES
This section directs the Secretary to establish priorities in selecting
areas to be demonstration sites. Among the criteria recommened to
be considered are:
Subsection (a) differing geographic areas and varying climatic
conditions.
Subsection (b) population and growth rate.
Subsection (c) local initiative.
The Secretary must balance these recommendations with the over-
riding priority of pursuing as closely as possible the general operation
and intent of this Act.
SECTION 12. REGULATIONS
This section directs the Administrator of NASA and the Secretary
of HUD, in consultation with NBS, the Administrator of GSA, the
Secretary of Defense, and other appropriate Federal officers and agen-
cies, to prescribe the regulations necessary to carry out the programs
under the bill promptly and efficiently. Each such officer or agency, in
consultation with the Administrator, could prescribe any additional
regulations necessary for the performance of his or its particular
function under the bill.
25
SECTION 13. TRANSFER OF FUNCTIONS
This section authorizes the transfer of all the research and develop-
ment functions vested in NASA, along with funds appropriated under
section 14, to any permanent Federal organization having jurisdiction
over the energy research and development functions of the U.S. Such a
transfer, if it takes place, will be effected within 60 days after the
Federal agency is created by law.
SECTION 14. AUTHORIZATION OF APPROPRIATIONS
For fiscal year 1975, $5,000,000 each are authorized to be appro-
priated to NASA and HUD to carry out their functions under this
Act.
Additional funds as necessary for the following four years are
authorized to be appropriated to HUD in order that they might ef-
fectively project future endeavors within the scope of this Act.
Since NASA is customarily authorized appropriations on a yearly
basis, no additional authorization is contained in this section.
VII. CHANGES IN EXISTING LAW
In compliance with subsection 4 of rule XXIX of the Standing Rules
of the Senate changes in existing law made by the bill are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in which no
change is proposed is shown in roman):
NATIONAL AERONAUTICS AND SPACE ACT OF 1958
Public Law 85-568 (72 Stat. 426)
*
*
*
*
*
*
*
TITLE II-COORDINATION OF AERONAUTICAL AND
SPACE ACTIVITIES
*
*
*
*
*
*
FUNCTIONS OF THE ADMINISTRATION
SEC. 203. (a)
***
(b) The Administration shall initiate, support, and carry out basic and
applied research, development, demonstrations, and other related ac-
tivities in solar heating and cooling technologies, including (to the extent
that funds are appropriated therefor) activities as provided for in sections
5, 6, and 7 of the Solar Heating and Cooling Demonstration Act of 1974.
[(b)] (c) In the performance of its functions the Administration
is authorized
***
93D CONGRESS
a
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-769
SOLAR HEATING AND COOLING DEMONSTRATION ACT
OF 1973
JANUARY 28, 1974.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. TEAGUE, from the Committee on Science and Astronautics,
submitted the following
REPORT
[To accompany H.R. 11864]
The Committee on Science and Astronautics, to whom was referred
the bill (H.R. 11864) to provide for the early commercial demonstra-
tion of the technology of solar heating by the National Aeronautics
and Space Administration and the Department of Housing and Urban
Development, in cooperation with the National Bureau of Standards,
the National Science Foundation, the General Services Administra-
tion, and other Federal agencies, and for the early development and
commercial demonstration of technology for combined solar heating
and cooling, having considered the same, report favorably thereon
without amendment and recommends that the bill do pass.
Page
Purpose of the bill
2
Explanation of the bill
2
Statement of policy
3
Amendment of the NASA Act
3
Development of residential solar heating systems
3
Development of residential combined solar heating and cooling sys-
tems
4
Commercial buildings
4
Amendment of NSF Act
Dissemination of information-Information Data Bank
SA
Studies and investigation
tial dwell-
Increased ceilings on federally assisted mortgages or feder
structed housing
it under ar-
Small business
etary of Hous-
Transfer of functions
taliation in privately
Authorization of appropriations
Background Funding history for solar energy R. wall remain with the United
Energy task force report
er installation. During this period.
Committee staff report-Dentor and evaluate the performan and RD
At the end of this five-year period, in ex-
LIBRARY
2
Background-Continued
Page
NSF/NASA solar energy panel report
8
Solar energy field trips
8
Solar energy legislation in the 93d and earlier Congresses
8
Legislative history of H.R. 11864
15
June 1973 investigative hearings
15
Introduction of H.R. 10952
18
Legislation identical to H.R. 10952
18
November 1973 hearings on H.R. 10952
20
Committee actions
26
Markup in Subcommittee of H.R. 10952
26
Full Committee action on H.R. 11864
27
Committee views
28
Departmental responsibilities
28
Adequacy of authorized funds
28
Technological contributions from private citizens
29
Design competitions
29
Solar heating and cooling information data bank
29
Ceilings on loans and unit construction costs
30
Mass production of units in substantial numbers
30
Section-by-section summary of the bill
31
Cost and budget data
37
Committee recommendations
37
Department recommendations
37
Changes in existing law made by the bill, as reported
38
PURPOSE OF THE BILL
The purpose of the bill is to demonstrate within three years, using
current technology, the practical use on a large scale of solar heating
technology; and to develop and demonstrate on a large scale within
five years the practical application of combined solar heating and cool-
ing technology.
EXPLANATION OF THE BILL
This bill provides $50 million over a five-year period for the com-
mercial demonstration of solar energy for heating and cooling resi-
dential and commercial buildings. It should be emphasized that H.R.
11864 does not set forth a comprehensive national solar energy R. & D.
program. Rather, it accomplishes the very important and timely "next
step" required to implement the large-scale, practical use of solar en-
ergy in the immediate future.
Solar energy has received greatly increased attention from Congress,
the scientific community, and the public, a fact well documented by the
Committee. Proposals were presented to the Committee for utilizing
solar energy to heat and cool buildings, as well as for large scale terres-
trial solar energy conversion and huge satellite electric power stations
in space. Other proposals included bioconversion, wind conversion
nd ocean thermal gradient utilization.
+:
ony before the Committee indicates that only the area of solar
ing and cooling of buildings is now ready for commercial
on a large scale. However, only about 30 solar heated
en constructed in the entire world, and the operating
¹arge scale commercial implementation of this
commercial demonstration of the economic
ling is a necessary step in attaining
induction and marketing of solar
.
American homes.
3
H.R. 11864 provides a two-stage demonstration program. The Na-
tional Aeronautics and Space Administration (NASA) will be in
charge of the initial phase which will consist of contracting for the re-
search, development and manufacture of solar heating and combined
solar heating and cooling equipment.
The second phase, including responsibility for installation of the
equipment, monitoring and dissemination of information will be man-
aged by the Department of Housing and Urban Development.
The residential solar heating program is programmed for three
years; the residential combined heating and cooling program for five
years; and the heating and cooling program for commercial buildings
for five years.
Statement of Policy
The bill declares that it shall be the policy of the United States to
accomplish the demonstration of the practical use of solar heating
technology within three years (using current technology for this pur-
pose), and to accomplish the research, development, and demonstra-
tion of the practical use of combined solar heating and cooling tech-
nology within a five-year period.
Amendment of the NASA Act
The bill amends Section 203 of the National Aeronautics and Space
Act of 1958 to make explicit NASA's authority to carry out activities
prescribed by H.R. 11864.
Development of Residential Solar Heating Systems
The development of solar heating systems for residential dwellings
shall be carried out by NASA. This includes the responsibility for
contracting for the development, prototypes (if needed), and manu-
facturing of the systems in substantial numbers. "Substantial num-
bers" will be administratively defined, but in any case 1,000 units is
deemed to meet the requirement for each category of the demonstra-
tion program, a total of 4,000 units under all sections of the bill.
The solar heating systems developed and contracted for by NASA
must meet performance criteria prescribed by the National Bureau of
Standards (NBS). These performance criteria are to be published
120 days after enactment of the bill. NBS will also prescribe perform-
ance criteria for the residential dwellings in which the equipment is
to be installed, in order to assure satisfactory performance of the solar
heating systems under varied climatic conditions. A design competi-
tion for homes meeting these performance criteria will be conducted
by NBS SO that an adequate number of "off the shelf" designs will be
available to individuals and small builders to install solar heating
systems.
The solar heating systems manufactured under contract to NASA
are to be installed, half in Federal and half in private residential dwell-
ings. Installation in Federal dwellings shall be carried out under ar-
rangements made by the Secretary of Defense. The Secretary of Hous-
ing and Urban Development shall arrange for installation in privately
owned and occupied residences.
Ownership of the heating systems shall remain with the United
States Government for five years after installation. During this period,
HUD utilizing NBS, will monitor and evaluate the performance and RD
operation of the systems. At the end of this five-year period, in ex-
LIBRARY
4
change for cooperation in the monitoring and evaluation program,
title shall be transferred at no charge to the owner of the residences
in which the equipment is installed. During the period of Government
ownership, the expense of maintenance and repair of the heating sys-
tem shall be borne by the Government.
Since HUD has general responsibility for administering this dem-
onstration program after the heating systems have been manufactured,
it also has responsibility for the monitoring and evaluation functions.
It is expected that NBS will be delegated as much responsibility as
possible in this regard. HUD must also report on the progress of the
demonstration, and maintain a continuing liaison with the building
industry and related industries during and after the demonstration
program. The liaison will be directed toward assuring that the benefits
of this demonstration program will be realized by the Nation on a
continuing basis.
Development of Residential Combined Solar Heating and Cooling
Systems
The assignment of administrative responsibilities for the combined
heating and cooling demonstration program for residential dwellings
is similar to that for the heating program. The major exception is that
NASA is authorized to undertake a research and development pro-
gram for combined solar heating and cooling systems that would meet
the performance criteria. It is anticipated that this research and de-
velopment phase will require about two years, hence the total time
planned for the combined heating and cooling program is five years.
Commercial Buildings
NASA and HUD, in a phased program similar to that for residen-
tial buildings, are directed to concurrently carry out solar heating and
cooling demonstration projects with respect to a wide range of com-
mercial buildings, such as school, industrial, office, agricultural, and
apartment structures.
NBS is to participate in the commercial demonstration in ways
similar to its participation in the residential dwelling program. Be-
cause of its unique responsibility for public buildings, the General
Services Administration is expected to play an important role in this
aspect of the overall program.
Amendment of NSF Act
The NSF Act of 1950 is amended to require the Foundation to ini-
tiate and support basic and applied research in solar heating and
cooling in support of H.R. 11864. NSF is authorized to use funds
appropriated directly to the Foundation or transferred to it from
NASA or other agencies.
Dissemination of Information-Information Data Bank
As part of its responsibilities to assure continuing public benefit
from this program, HUD is required to undertake comprehensive pro-
grams that would assure dissemination of all relevant information
produced under this demonstration program. In addition to coverage
in the annual reports of the various agencies participating in this dem-
onstration program, HUD shall submit to the President and Congress
a summary annual report detailing all activities relating to programs
under this bill.
5
HUD is also charged with establishing and operating a Solar Heat-
ing and Cooling Information Bank. This bank shall collect, review,
process and disseminate information on solar heating and cooling in
order to support the objectives of the bill, and encourage the wide-
spread utilization of information related to solar heating and cooling
of buildings and water.
Studies and Investigation
HUD is charged with studying, investigating and reporting on ways
that building codes, zoning ordinances, and other laws and practices
can be modified in order to facilitate widespread use of solar energy for
heating and cooling buildings.
Increased Ceilings on Federally Assisted Mortgages or Federally Con-
structed Housing
The bill provides for an increase in the ceilings on federally assisted
mortgage loans, to the extent of the increased cost resulting from in-
stallation of solar heating and/or cooling systems. Unit cost ceilings
of federally constructed housing are also increased to this extent.
The increases apply only to buildings specifically incorporated into
this demonstration program. The amount of the increases may include
but are not limited to the solar heating and/or cooling equipment,
and special construction materials.
Small Business
All Federal agencies participating in this demonstration program
are charged with taking steps to assure adequate participation by small
business firms.
Transfer of Functions
Research and development functions vested in NASA and NSF by
this bill would be transferred to any new permanent organization hav-
ing jurisdiction over energy R. & D., such as the proposed Energy Re-
search and Development Administration, should such an agency be
established by law.
Authorization of Appropriations
$50 million is authorized to be appropriated to NASA to carry out
the demonstration bill for the five fiscal years beginning after the en-
actment of the bill.
BACKGROUND
For some decades, private inventors and other interested individuals
have taken the lead in developing the technology for heating and
cooling buildings with solar energy. Various government agencies
have supported small solar R. & D. programs, but only in this decade
has government support exceeded one million dollars annually. In a
real sense these pioneering private and agency activities have been
responsible for developing the technological base needed for a demon-
stration program such as that provided under this bill.
Legislative interest in solar energy has recently become widespread.
Numerous bills related to solar research, development and demonstra-
tion programs have been introduced, and have received careful atten-
tion from this Committee. These earlier bills, including legislation
introduced in both the present and the previous Congresses, provided
much information and many valuable ideas that were incorporated
in this bill as reported by the Committee. These previously-introduced
bills also demonstrated the widespread congressional support for solar
energy, and encouraged the Committee to take the initiative in report-
ing out this landmark legislation.
Funding History for Solar Energy R. & D.
Prior to the fiscal year 1971 Federal budget, obligations for solar
energy R. & D. were not well documented and amounted to at most a
few hundred thousand dollars annually for all forms of solar energy
conversion. In fiscal year 1971, the NSF budget included $1.2 million
for all forms of solar research, with $540,000 devoted specifically to
research on heating and cooling of buildings.
Table 1 shows how NSF funding for solar energy R. & D. has varied
over the last several years. The recent emphasis on solar energy for
heating and cooling of buildings is indicative of a realization of the
near-term importance of this application, with obligations for the
current fiscal year of $5.6 million, out of a total solar research budget
of $13.2 million. This support is expected to rise a great deal more over
the next several years.
Other agencies have also been involved in solar R. & D. over the last
several years, but at much more modest levels than NSF. For fiscal
1974, budgets for all forms of solar energy conversion (not just heat-
ing ($200,000). and cooling) are: NASA ($900,000), AEC ($600,000), and DOD
(6)
7
TABLE 1.-NSF SOLAR ENERGY R. & D.
[In millions of dollars]
Fiscal year-
1971
1972
1973
1974
(actual)
(actual)
(actual)
(estimate)
Solar energy for buildings
0.54
0.19
0.50
5.9
Solar thermal conversion
.06
.55
1.43
2.2
Photovoltaic conversion
.43
.89
2.4
Bioconversion for fuels
.60
.35
.65
1.0
Wind conversion
.26
1.0
Ocean thermal difference conversion
.14
.23
.7
Total
1.20
1.66
3.96
13.2
Energy Task Force Report
The legislative beginnings of H.R. 11864 are contained in the report
of the Task Force on Energy of the Committee on Science and
Astronautics. This Task Force was constituted specifically for review-
ing energy matters during the 92nd Congress. At the conclusion of the
92nd Congress, following thorough investigation and study during
1971 and 1972, the Task Force submitted its final report. A major
conclusion of that report was that, because of the continuous and vir-
tually inexhaustible nature of solar energy, solar energy R. & D. should
receive increased emphasis and funding.
The Task Force report noted that the fossil fuels upon which we
depend today were formed by solar energy in the past. Food, wind,
wood, and hydropower are all derived from solar energy. Solar energy
is available everywhere and is almost limitless. If man can learn to
develop solar power economically, it is a nearly ideal source of energy.
The body of the Task Force report emphasized three distinct uses
of solar energy, each with its own problems and time scale, as being
worthy of increased attention : dispersed, small-scale use for heating
and cooling buildings and water; large-scale terrestrial solar energy
collection and conversion into electricity; and large-scale satellite elec-
tric power plants.
Based upon briefings from experts and its own study, the Task
Force concluded that with minor engineering development and rela-
tively simple architectural modifications, solar energy could now be
used for space heating of residential and industrial buildings, and the
heating of water. The report also noted that in a few years solar energy
might be practical for cooling as well.
Committee Staff Report-December, 1972
The conclusions of the Energy Task Force were further supported
by a Committee Staff Report "Solar Energy Research" dated Decem-
ber, 1972. This report presented views of the National Aeronautics
and Space Administration, the National Science Foundation, the Na-
tional Bureau of Standards, and the Congressional Research Service
of the Library of Congress on how to better assure utilization of solar
energy, and supported the need for increased funding. It endorsed
the conclusion that solar heating and cooling is practical using current
technology.
8
NSF-NASA S lar Energy Panel Report-December, 1972
About the sa 1e time as the Committee Staff Report described above,
a report was published by the Solar Energy Panel led by the National
Science Foundation and the National Aeronautics and Space Admin-
istration. This panel was one of several technical panels commissioned
by the now defunct Office of Science and Technology to review all
energy technologies. Many of the facts contained in this study are also
contained in the previously described Committee Staff Study, but the
Panel report is much more detailed.
The portion of the report devoted to solar heating and cooling of
buildings noted the present state of near readiness for commercial ex-
ploitation. It proposed a staged program for Federal R. & D., and
called for a demonstration phase similar to that authorized by this bill.
Several of the principal authors of this section of the Panel report
were witnesses in the November hearings described below, including
Mr. Richard Schoen, of UCLA (also speaking for the Space-Condi-
tioning Panel Chairman, Dr. Jerry Weingart, from the California
Institute of Technology) and Mr. Richard Rittleman, an architect
with Burt, Hill and Associates of Butler, Pennsylvania.
Solar Energy Field Trips-1973
The Committee's Subcommittee on Energy in 1973 made three field
trips to evaluate solar heating and cooling technology. The Subcom-
mittee visited the solar heated home of Mr. Harry Thomason in the
Washington, D.C. area; the solar heated and wind powered home
and laboratories of Mr. Robert Reines near Albuquerque, New Mexico;
and the Los Alamos Scientific Laboratory, Los Alamos, New Mexico,
which is building a solar heated library building.
Solar Energy Legislation in the 93rd and Earlier Congresses
Legislation in the 93rd Congress.-By the close of the, 1st session
of the 93rd Congress, 11 different solar energy bills had been intro-
duced in the House and Senate. Some of these were broad in scope,
covering the research and development of all aspects of solar tech-
nology. Most, however, are aimed at just the development of solar
heating and cooling technology for buildings-the solar application
reputed to be closest to commercial use. In addition to the 11 bills deal-
ing specifically with solar energy, several general energy bills have
been introduced, such as S. 70, H.R. 9090, S. 2135, and others, which
include provisions for the development of the unconventional or little-
used energy sources such as solar. The following is a brief summary of
the 11 specific solar energy bills introduced in the 1st session of the
93rd Congress:
H.R. 9696 (Mr. Runnels). Introduced July 30, 1973 to establish
an Office of Solar Energy Research in the Department of the Interior
with authority to coordinate, conduct, encourage, and promote, by
means of research grants and contracts, basic research to develop eco-
nomical processes for using solar energy. The bill authorizes the de-
velopment of solar conversion technologies to the point where they
can be demonstrated, certified, produced, and operated in a practical
manner. Funding not to exceed $125 million is authorized to carry
out the provisions of the Act during the fiscal years 1974 to 1978, in-
clusive. (Referred to the Committee on Science and Astronautics.)
9
H.R. 10479 (Mr. Vanik). Introduced September 24, 1973 to pro-
mote the development of solar technology by authorizing the Secre-
tary of Commerce (1) to establish a system of grants for solar energy
research and (2) to establish a Solar Energy Data Bank. The Data
Bank would serve as a technical and scientific library and evalua-
tion center with respect to the development and use of solar energy.
Grants authorized by the bill are to be made for research leading to
the design, manufacture, and marketing of solar energy heating and
cooling equipment for homes and office buildings. NBS is directed to
establish testing procedures and performance standards for such
equipment, as well as to perform cost analyses and collect weather
data. Funding as might be needed for research grants is authorized
for fiscal years 1975 through 1984, inclusive. (Referred to the Com-
mittee on Science and Astronautics.)
H.R. 10952 (Mr. McCormack). Introduced October 16, 1973 to
provide for the early commercial demonstration of the technology
of solar heating and cooling by the National Aeronautics and Space
Administration, the National Bureau of Standards, the National Sci-
ence Foundation, the Department of Housing and Urban Develop-
ment, the Department of Defense, and other agencies. It provides for
the demonstration of solar heating technology on a large scale in three
years, and the demonstration of the technology for combined solar
heating and cooling of buildings in five years. It further provides for
a five-year demonstration program of solar heating and cooling of
commercial buildings, factories, and industrial buildings. The total
cost of these programs over the five year period, including installation
of approximately 2,000 mass produced solar heating units and 2,000
mass produced solar heating and cooling units in residential dwellings
will be $50 million.
The bill was referred to the Committee on Science and Astronautics,
and, after detailed study and hearings in November, was ordered re-
ported out of committee favorably on December 20, 1973. The clean
bill, H.R. 11864, has a provision for a Solar Heating and Cooling In-
formation Data Bank to be established within HUD, and a provision
which will allow the functions contained in the bill to be transferred
to the Energy Research and Development Administration or any other
permanent Federal organization that is created having jurisdiction
over the energy research and development functions of the United
States.
H.R. 11542 (Mr. Vanik). Introduced November 15, 1973 to amend
the Public Buildings Act of 1959 SO as to encourage the use of solar
energy in the heating and cooling systems of public buildings. The
bill specifies that no appropriation shall be made to construct or
acquire any building to be used as a public building and no appropri-
ation shall be made to alter any public building involving an expendi-
ture in excess of $10,000 unless the Administrator of G.S.A. transmits
to the Congress an energy use statement with respect to any such pro-
posed construction, acquisition, or alteration. It also provides that the
Committee on Public Works of the Senate and House shall not ap-
prove any project for construction of any public building under sub-
section (a) unless such project provides for the use of solar energy to
meet the heating and cooling requirements of such building, to any
H. Rept. 93-769-2
10
extent to which the use of solar energy is economical and efficient.
(Referred to the Committee on Public Works.)
H.R. 11566 (Mr. Lehman). Introduced November 26, 1973 to (1)
direct the Secretary of Commerce to research and develop new build-
ing designs and construction methods which utilize solar energy and
(2) authorize the Secretary of Housing and Urban Development to
increase the maximum amount of mortgages insured under title II of
the National Housing Act for certain facilities utilizing solar energy.
The Secretary of Commerce is further authorized to prescribe
standards and specifications for solar buildings within one year after
enactment of the bill and specify the climatic regions of the United
States where the use of solar buildings is practicable. The Secretary
of HUD may increase the maximum amount of a mortgage in-
sured under the National Housing Act by the amount by which
the cost of using solar syster S exceeds the cost of using conventional
building systems. (Referred to the Committee on Banking and
Currency.)
H.R. 11933 (Mr. Vanik). Introduced December 12, 1973 to amend
the Internal Revenue Code of 1954 to provide for the amortization of
facilities used for the manufacture of solar heating and cooling equip-
ment. The five-year amortization period provided for by the bill is
in lieu of the depreciation deduction with respect to such facilities. The
taxpayer may elect to take the amortization deduction beginning
either with the month following the month in which the certified solar
heating and cooling equipment manufacturing facility is completed,
or with the taxable year succeeding the taxable year in which the
facility is completed. (Referred to the Committee on Ways and
Means.)
Amendment No. 624 (Mr. Cranston). Introduced October 10, 1973 to
amend the Housing Act of 1973 (S. 2182) to provide for the estab-
lishment of major demonstration projects to test the economic and
technical feasibility of solar energy as an energy source for the heat-
ing and cooling of both single family and multi-family housing.
The Secretary of Housing and Urban Development in collaboration
with the National Science Foundation is authorized to undertake dem-
onstration projects throughout the country. The Secretary is author-
ized to enter into contracts with individuals and entities with special
competence and knowledge to contribute to the planning, design,
development, and operation of such housing. Finally, the Secretary
is directed to report to the Congress annually on his effort. Funds,
not to exceed $5 million which shall remain available until expended
are authorized to be appropriated for demonstrations. (S. 2182 is
being considered by the Banking, Housing and Urban Affairs
Committee.)
S. 2636 (Mr. McGovern). Introduced October 30, 1973 to author-
ize supplemental appropriations for the National Science Founda-
tion's solar, hydrogen, and geothermal research and development pro-
grams. Specifically, the bill authorizes an additional $80 million for
NSF's RANN solar energy program for FY 1974 and $400 million
for the program for each of the four fiscal years beginning July 1,
1974. In addition, the bill authorizes $50,000 for a feasibility study
regarding the establishment of a National Data Bank for Solar, Hy-
11
drogen, and Geothermal Energy for FY 1974. (Referred to the Com-
mittee on Interior and Insular Affairs.)
S. 2650 (Mr. Cranston). Introduced November 2, 1973 to direct the
Secretary of Housing and Urban Development to undertake a major
demonstration program to determine the practical feasibility of solar
heating and cooling in residential and commercial buildings. This
would involve the development of appropriate standards and building
codes, the awarding of an adequate number of designs to test existing
technology and innovations, and the actual construction of solar-
powered buildings. The Secretary of HUD will have overall responsi-
bility for this program, for implementing, monitoring, and evaluating
it, after he has consulted with the National Solar Energy Coordinat-
ing Council. This Council will be composed of the following, or their
designees: The Administrator of NASA, the Director of NSF, the
Administrator of General Services, the Director of NBS, the Admin-
istrator of EPA, the President of NAS, three members representing
the public, and any additional Federal department or agency heads
whom the President may name. The bill provides for an immediate
three-year demonstration program for solar heating, and a five-year
development and demonstration program for combined solar heating
and cooling systems. A maximum of $50 million is authorized to carry
out the purposes of the act. (Read twice and, by unanimous consent,
referred to the Committees on Banking, Housing and Urban Affairs
and Commerce jointly, and if and when one of the above reports, then
to the Committee on Labor and Public Welfare.)
S. 2658 (Mr. Moss). Introduced November 5, 1973 as a companion
bill to H.R. 10952. (Read twice and referred to the Committee on Aero-
nautical and Space Sciences.)
S. 2819 (Mr. Humphrey). Introduced December 17, 1973 to establish
an Office of Solar Energy Research within the Atomic Energy Com-
mission to carry on a vigorous program of research and development
of all solar energy applications. The Chairman of AEC, acting
through the Office of Solar Energy Research and in conjunction with
NSF and NASA would (1) conduct by means of grants and contracts
basic research to develop economical processes for using solar energy;
(2) conduct appropriate research and technical development work (a)
to determine the usable results of the basic research and all existing re-
search and (b) to develop and fabricate solar energy transformation
processes and equipment to the point where they can be commercial-
ized; (3) recommend to the Congress authorizations for the construc-
tion and operation of solar energy conversion facilities; and (4) un-
dertake, through research grants and contracts, studies of possible
environmental effects which will result from the use of solar energy.
The bill also establishes a Solar Energy Research Council to be headed
by the Chairman of the AEC to coordinate policy and programs in
solar energy research. There are authorized to be appropriated $56
million for FY 1975, $94 million for FY 1976, and $150 million for
each of the succeeding three fiscal years. (Read twice and referred to
the Committee on Atomic Energy.)
Legislation in Earlier Congresses.-A small number of bills dealing
specifically with the development of solar technology were introduced
in earlier Congresses. None of them passed. One, S. 2318, was a basic
12
research and development bill first introduced by Mr. Bible in 1959
and later in 1961 by Mr. Hosmer. It authorized the Secretary of the
Interior to make grants to private institutions and to use the facilities
of existing Federal scientific laboratories to conduct research and tech-
nical development of techniques for the practical utilization of solar
energy. The bill authorized $10 million to be spent over a ten-year
period. A similar bill was introduced jointly by Mr. Humphrey in the
Senate and Mr. Anfuso in the House in 1962. This bill differed from
Mr. Bible's bill in that it provided for the establishment of a Solar
Energy Advisory Board, composed of five scientists, to work with the
Secretary of the Interior on a consulting basis. The bill was reintro-
duced in 1964 by Mr. Humphrey and again in 1965 by Mr. Schmid-
hauser. A new bill, H.R. 12438, was introduced in 1967 by Mr. Miller
to authorize the Secretary of the Interior to grant contracts to public
or private institutions for the research and development of techniques
for the practical utilization of solar energy. Other bills which would
have accelerated the development of solar technology had they passed
were S. 2510, introduced in 1971 by Mr. Moss, and an amendment to
S. 3103 (the AEC authorization bill), introduced in 1972 by Mr.
Gravel. Mr. Moss's bill would have established a corporation for the
development of new energy sources, including solar, and Mr. Gravel's
amendment would have provided $15 million for solar research and
development. There follows a summary of these and other solar energy
bills introduced in earlier Congresses.
H.R. 4286 (Mr. Murdock). Introduced May 28, 1951 to authorize
the Secretary of the Interior to perform the necessary research and
development to construct and operate a demonstration windpower
plant. The plant is to demonstrate the economic and commercial feasi-
bility of producing electric power and energy by means of a wind-
driven generator operated in conjunction with an electric power
system. During the demonstration period, generated power shall be
delivered into the power system of the Federal project with which the
demonstration plant is integrated. At such time as the Secretary
determines that the feasibility of the plant has been established, the
experimental period shall end and the demonstration plant shall be
transferred to the power system of the Federal project with which it
is then integrated. Congress will from time to time appropriate the
funds deemed necessary to carry out the provisions of the act. Bill did
not pass.
S. 2318 (Mr. Bible). Introduced July 1, 1959 to authorize the Sec-
retary of the Interior to make grants to private and educational insti-
tutions and to use the facilities of existing Federal scientific labora-
tories to conduct research and technical development of techniques for
the practical utilization of solar energy. Research undertaken by the
Secretary of the Interior shall be coordinated or conducted jointly
with the Department of Defense. Sums not to exceed $10 million are
appropriated to carry out the provisions of the Act during the fiscal
years 1959 to 1968, inclusive. Bill did not pass.
H.R. 6558 (Mr. Hosmer). Senator Bible's bill (S. 2318) reintro-
duced April 20, 1961 with the authorization period changed to the fis-
cal years 1961 to 1968, inclusive. Bill did not pass.
13
S. 2849 (Mr. Humphrey). Introduced February 15, 1962, S. 2849
is similar to S. 2318 and H.R. 6558 except that it also provides for the
establishment of a Solar Energy Advisory Board, composed of five
scientists, to work with the Secretary of the Interior on a consulting
basis. Sums not to exceed $10 million are authorized to carry out the
provisions of the Act during the fiscal years 1962 to 1968, inclusive.
Bill did not pass.
H.R. 10203 (Mr. Anfuso). Companion bill introduced on the same
day in the House. Bill did not pass.
S. 2853 (Mr. Humphrey). Introduced May 18, 1964. Identical to
S. 2849. Bill did not pass.
H.R. 3434 (Mr. Schmidhauser). Introduced January 25, 1965. Iden-
tical to S. 2849. Bill did not pass.
H.R. 12438 (Mr. Miller). A short bill introduced August 17, 1967
to authorize the Secretary of the Interior, in consultation with other
interested agencies, to engage by contract or otherwise, public or pri-
vate institutions in a program of research and development in tech-
niques for the practical utilization of solar energy. The Secretary is
also authorized to encourage activities outside the Federal Govern-
ment which will contribute to such a program. There are authorized
to be appropriated súch sums as may be required to carry out the pur-
poses of this Act. Bill did not pass.
S.J. Res. 184 (Mr. Tower). Introduced March 24, 1970 to authorize
the Secretary of the Interior to conduct a study of the solar rays with
a view to determining the potential of such rays as an alternative
source of electrical energy. A sum not to exceed $500,000 is authorized
for a two year period following the date of approval of the resolution.
Bill did not pass.
S. 2510 (Mr. Moss). Introduced September 14, 1971 to establish a
corporation for the development of new energy sources. The Cor-
poration (New Energy Sources Corporation) is authorized to enter
into contracts or other arrangements with public or private institu-
tions to conduct research and development related to its mission. The
bill authorizes $5 million for the fiscal year beginning July 1, 1972
to permit the initial organization of the Corporation, and for each of
the next five succeeding fiscal years, such sums as may be necessary.
Section 3 (c) deals with solar energy and directs the Corporation to
select among the most feasible methods for the utilization of solar
energy when such processes have reached the stage of development
that they are ready to be demonstrated. The Corporation is then au-
thorized to design, construct, operate, and maintain demonstration
facilities that are required to prove the technical and economic feasi-
bility of the processes selected. If, on the basis of the demonstration,
the Corporation determines that methods SO demonstrated are tech-
nically and economically feasible for producing energy on a commer-
cial scale, the Corporation is authorized to produce energy by such
method. Bill did not pass.
Amendment to S. 3103, the AEC authorization bill for fiscal 1973
(Mr. Gravel). Introduced February 14, 1972 to provide $15 million
for solar energy research and development. The amendment authorizes
the Commission to conduct solar energy research and development in
14
order to accelerate the demonstration of large-scale solar power sys-
tems. Of the $15 million authorized to be appropriated for the fiscal
year ending June 30, 1973, $150,000 shall be expended to fund adver-
sary experts to independently investigate and publicly reveal alleged
hazards and adverse ecological and economic implications of solar
power projects under development. Mr. Gravel introduced a similar
amendment in July 1971 to authorize the AEC to spend $3 million on
solar research. Amendments did not pass.
LEGISLATIVE HISTORY OF H.R. 11864
June 1973 Investigative Hearings
Witnesses provided expert advice during hearings on June 7 and 12,
1973 on the current state of the art for solar space conditioning sys-
tems, and defined as carefully as possible the economics of such sys-
tems in terms of today's market. Testimony and Member questions
focused on the economic, technological, and institutional obstacles to
widespread commercial utilization of solar heating and cooling tech-
nology and on the steps that should be taken to accelerate the commer-
cialization of solar heating and cooling for homes and commercial
buildings. The witnesses who advised the subcommittee were, in the
order of their appearance:
1. Professor George Löf of Colorado State University.
2. Dr. James Comly, Manager, Thermal Branch, Corporate
Research and Development, General Electric Company.
3. Walter A. Meisen, Assistant Commissioner for Construction
Management, Public Building Service, GSA.
4. Fred S. Dubin, P.E. of Dubin-Mindell-Bloom Associates.
5. Ralph J. Johnson, Staff Vice President, National Associa-
tion of Home Builders Research Foundation.
In addition to the oral testimony received, written statements were
received from the following:
1. Dr. James C. Fletcher, Administrator, National Aeronautics
and Space Administration.
2. John K. Tabor, Acting Secretary of Commerce, Department
of Commerce.
3. Arthur I. Mendolia, Assistant Secretary of Defense (In-
stallations and Logistics), Department of Defense.
4. Karl W. Böer, director, Institute of Energy Conversion,
University of Delaware.
5. J. A. Duffie, director, Solar Energy Laboratory, Engineering
Experiment Station, College of Engineering, the University of
Wisconsin.
6. Sheffield Nelson, president, Arkansas Louisiana Gas Co.
7. William J. Bailey, president, Carrier Corp.
8. William C. Dackis, vice president and assistant to the presi-
dent, Crane Co.
9. Herman Barkmann, P. E., president, Sun Mountain Design,
Ltd.
10. D. C. Burnham, chairman, Westinghouse Electric Corp.
11. J. W. Kennedy, president, York Division, Borg-Warner
Corp.
12. Harold R. Hay, member, board- of directors, the Inter-
national Solar Energy Society, Sky Therm Processes and
Engineering.
(15)
16
13. Robert G. Reines, director, ILS Laboratory, Integrated
Life-Support Systems Laboratories for Spaceship Earth.
14. P. Richard Rittleman, Burt, Hill & Associates, architects.
15. L. N. Hunter, managing director, Air-Conditioning and
Refrigeration Institute.
16. H. E. Thomason, J. D., president, Thomason Solar Homes,
Inc.
The witnesses agreed that the use of solar energy for space heating,
air conditioning, and water heating in buildings is the most promising
near-term application of solar energy. Professor Löf saw the applica-
tion as being technically feasible and closely approaching economic
viability. He advised that with a vigorous program of research and
development it would be possible to have commercial solar heating and
cooling equipment within three to five years that would compete in
cost with conventional systems. Dr. Comly had no doubt that "it will
be technically feasible to heat water and to heat and cool interior
building space using the sun as the major energy source." Mr. Meisen
was equally optimistic about the potential of this application. He
stated, "We, in the General Services Administration, believe the time is
ripe for a major expansion in the use of solar energy in this country
to heat and cool buildings. We believe the technology and hardware
is available to begin making large solar energy installations."
Witnesses identified three classes of obstacles to the commercial use
of solar hardware-economic, technological, and institutional. It is
clear that the three classes are not strictly separable, for example, very
strong relationships exist between the technological effort to manufac-
ture solar equipment at low cost and the resolution of the economic
barrier of high initial cost.
The substantially higher first cost of solar heating and cooling sys-
tems compared to conventional systems was generally considered the
greatest single barrier to the widespread commercial use of solar hard-
ware. The substantial increase in initial cost of a building, repre-
sented by solar hardware, is unacceptable to most building purchasers
even though the economic justification of the additional first cost
can be demonstrated when the savings in the cost of fuel over the life-
time of the building are considered. Professor Löf stated that a
"solar heating system for an average house is going to add perhaps
$2,000 to the price of that house, and I'm told by people who know the
building industry pretty well that this is a horrible thought to the
usual builder-developer."
Mr. Dubin, whose firm is working with GSA in the design of two
solar-conditioned Federal office buildings, stated that solar energy
"is economically competitive with electric resistance heating and cool-
ing now. It will be economically competitive with conventional oil
or gas-fired systems in the very near future anywhere in the coun-
try." He substantiated his economic assessment of solar energy with
the results of a-cost analysis performed on GSA's Manchester, New
Hampshire solar building: "Without a very sophisticated collector,
and without thorough integration of the system, the solar heating
and cooling system would operate on a life cycle cost basis about 25
percent less than straight electric resistance heating at today's cost
and would cost about 20 to 25 percent more than gas or oil at today's
cost." Mr. Dubin and other witnesses anticipated that the cost ad-
17
vantage now enjoyed by conventional heating and cooling systems
would soon be offset by rising costs for gas and oil, and that rise has,
of course, recently occurred. Dr. Löf predicted (in June) that if solar
collectors, the most expensive component in a solar space conditioning
system, can be mass manufactured at a cost of $2 to $4 per square
foot, then "solar heat can be supplied to buildings for space heating,
water heating, and cooling at costs seldom more than double current
oil and gas costs; in some localities solar energy is fully competitive,
and in virtually all situations solar costs are substantially below those
associated with electric heating."
The availability of lower cost solar hardware through mass manu-
facture would certainly enhance the economic position of solar heating
and cooling systems. But until life cycle or total lifetime costs are
considered in cost estimating, the initial capital investment required
for solar space conditioning will continue to be a serious marketing
problem. Mr. Johnson urged "special information programs for mort-
gage bankers, appraisers and government personnel concerned with
mortgage loan insuring and guaranteeing programs to assure full
credit for reduced heating and cooling operating costs when using
solar energy. This is needed to offset the increased mortgage payments
due to higher first costs of solar equipment, if we are to prevent the
disqualification of a large number of potential buyers because of the
higher first cost of the solar energy installations."
The principal technological obstacle to the application of solar
energy for building services is the fact that no solar-equipment indus-
try exists today. Dr. Comly knew of no major manufacturer of ap-
pliances or of heating and cooling equipment which includes solar-
fired equipment in its product line. To be useful in providing the
energy requirements for buildings services, solar hardware will prob-
ably have to be introduced into the market in a manner similar to the
way furnaces, air conditioners, major appliances, and other durable
consumer goods are introduced. The technological requirement for
success in this market includes the existence of an industry which
pursued the design of devices for low cost mass manufacture, for dur-
ability, and for reliable performance with simple maintenance
procedures.
Dr. Comly defined the requirements for a commercial system in very
precise terms: Once an optimum design is selected, "a detailed design
of the products must be made using experience, intuition, and innova-
tion to minimize first cost, the critical problem for solar energy today,
while maintaining reliability, automatic operation, ease of installation,
serviceability, and environmental compatibility." Until solar devices
can be produced in such a way as to meet these requirements, there will
probably be no wide-spread application. Even though solar heating
systems have been demonstrated in numerous experimental homes, the
systems that have been tested lack the design sophistication and eco-
nomic position to be competitive with the well established conven-
tional heating and cooling systems. As Dr. Löf stated, "we are not
quite at the point in the development of solar energy, or solar heating
and cooling, and in the price of fuels to provide a high assurance to
an industrial firm that if they were to commit heavy investment to
tooling up for manufacture that they would have a substantial
market."
H. Rept. 93-769
3
18
The principal institutional barrier to successful use of solar energy
in buildings is the present lack of a coordinated effort among the
diverse institutions which interact to affect construction. In order for
solar devices to be introduced into wide-spread application in build-
ings, designers, builders, codes and standards agencies, financial insti-
tutions, and equipment suppliers must cooperate. Mr. Johnson pro-
vided good insight into the attitude of the home building industry
which, if solar space conditioning is to become a reality, is the industry
that will be first involved. He pointed out trends in current construc-
tion, such as emphasis upon townhouses and apartments, that may dis-
courage the use of solar hardware. He also noted that the mere demon-
stration of solar space conditioning will not be enough to bring it into
the housing market. A major change in outlook will be required of
home buyers, home builders, and financiers.
On the whole, the collective advice of the witnesses indicated that
solar space conditioning and water heating is at the stage where
research and development needs to be supplemented by demonstration
projects and incentives to cause home builders and buyers to start to
use this technology. From the standpoint of public policy, the ques-
tion developed was whether to rely upon present funding of solar
energy research and evolving economic forces to bring solar space
conditioning to the commercial market, or whether to expedite its
earlier application through expanded federally supported programs.
The latter choice was that of the Committee, based on the testimony
and the urgency of the energy problem.
Introduction of H.R. 10952
Following the June hearings described above, committee staff with
the assistance of the Congressional Research Service of the Library of
Congress, the House Legislative Counsel's Office, and outside experts
in the solar energy field, prepared a bill to provide for demonstration
of solar heating and cooling in accordance with the testimony
received, and the wishes of the Committee. The purpose of the bill has
already been described-to provide for an effective demonstration of
solar heating and cooling technology. The intent was two-fold to help
generate a new industry, and to help generate a new market.
The first bill, H.R. 10952, was cosponsored by the Chairmen and
ranking minority members of the Subcommittee and Committee. It
was introduced on October 16, 1973, and an introductory statement
by Subcommittee Chairman Mike McCormack appeared in the Con-
gressional Record of October 30, 1973.
Legislation Identical to H.R. 10952
The widespread support in Congress for accomplishing the goals of
this legislation was demonstrated by 185 Members sponsoring legis-
lation identical to H.R. 10952. A list of these Members and the bills
which each introduced is given below. Mr. Flowers and Mr. Benitez,
although not sponsors of bills identical to H.R. 10952, are cosponsors
of H.R. 12079 and H.R. 12248 identical to the clean bill, H.R. 11864.
Alexander
H.R. 11430 Badillo
H.R. 11058
Anderson of Ill
H.R. 11180 Bafalis
H.R. 11431
Annunzio
H.R. 11058 Baker
H.R. 11057
Archer
H.R. 11056 Bell
H.R. 11028
Aspin
H.R. 11057 Bergland
H.R. 11027
19
Bevill
H.R. 11179 Harvey
H.R. 11058
Biester
H.R. 11795
Hastings
H.R. 11058
Bingham
H.R. 11058
Hechler of W. Va
H.R. 11028
Blatnik
H.R. 11056
Helstoski
H.R. 11058
Boggs
H.R. 11432
Hicks
H.R. 11058
Boland
H.R. 11431 Hinshaw
H.R. 11431
Breaux
H.R. 11058 Hogan
H.R. 11179
Brotzman
H.R. 11077
Holt
H.R. 11431
Brown of Calif
H.R. 11027
Horton
H.R. 11795
Broyhill of N.C
H.R. 11179
Huber
H.R. 11432
Burgener
H.R. 11056
Hunt
H.R. 11821
Burke of Calif
H.R. 11432
Byron
H.R. 11431
Johnson of Calif
H.R. 11431
Johnson of Colo
H.R. 11056
Camp
H.R. 11027
Johnson of Penna
H.R. 11821
Carney
H.R. 11056
Jones of Okla
H.R. 11431
Casey
H.R. 11432
Jordan
H.R. 11179
Chappell
H.R. 11839
Clausen
H.R. 11554
Keating
H.R. 11057
Cleveland
H.R. 11058
Kemp
H.R. 11056
Cohen
H.R. 11430
Ketchum
H.R. 11180
Collier
H.R. 11179
Collins of Ill
H.R. 11430
Lehman
H.R. 11430
Collins of Tex
H.R. 11179
Lent
H.R. 11057
Conlan
H.R. 11027
Long of Md
H.R. 11057
Conte
H.R. 11179
Lujan
H.R. 11430
Corman
H.R. 11056
Cotter
H.R. 11027
McClory
H.R. 11431
Coughlin
H.R. 11180
McCloskey
H.R. 11430
Cronin
H.R. 11027
McCormack
H.R. 10952
Culver
H.R. 11430
McDade
H.R. 11058
McEwen
H.R. 11431
Danielson
McKay
H.R. 11431
H.R. 11056
Davis of Georgia
H.R. 11028
McKinney
H.R. 11058
Dellums
H.R. 11058
Downing
H.R. 11028
Maraziti
H.R. 11181
Drinan
H.R. 11179
Martin of N.C
H.R. 11027
du Pont
Mayne
H.R. 11056
H.R. 11432
Mazzoli
H.R. 11430
Edwards of Ala
Meeds
H.R. 11056
H.R. 11056
Edwards of Calif
Melcher
H.R. 11179
H.R. 11179
Esch
Metcalfe
H.R. 11058
H.R. 11028
Eshleman
Michel
H.R. 11431
H.R. 11058
Milford
H.R. 11027
Mitchell of N.Y
H.R. 11058
Fish
H.R. 11056
Moorhead of Calif
H.R. 11058
Foley
H.R. 11430
Mosher
H.R. 10952
Forsythe
H.R. 11430
Fraser
H.R. 11056
Nedzi
Frenzel
H.R. 11431
H.R. 11180
Frey
H.R. 11028
Froehlich
Obey
H:R. 11430
H.R. 11057
Owens
Fulton
H.R. 11430
H.R. 11431
Fuqua
H.R. 11028
Parris
H.R. 11027
Patten
H.R. 11431
Gilman
H.R. 11180
Pepper
H.R. 11056
Ginn
H.R. 11795
Pettis
H.R. 11821
Goldwater
H.R. 10952
Pickle
H.R. 11027
Grasso
H.R. 11432
Poage
H.R. 11179
Green of Oregon
H.R. 11430
Podell
H.R. 11179
Gunter
H.R. 11027
Pritchard
H.R. 11057
Hamilton
H.R. 11431
Quie
H.R. 11056
Hanna
H.R. 11028
Harrington
H.R. 11179
Rarick
H.R. 11431
20
Rees
H.R.
11180
Taylor of Missouri
H.R. 11821
Reuss
H.R. 11058
Teague
H.R. 10925
Rhodes
H.R. 11432
Thomson
H.R. 11057
Rinaldo
H.R. 11432
Thone
H.R. 11430
Robinson of Va
H.R. 11056
Thornton
H.R. 11027
Robison
H.R. 11179
Tiernan
H.R. 11795
Rodino
H.R. 11431
Treen
H.R. 11430
Roe
H.R. 11028
Roncalio
H.R. 11057
Udall
H.R. 11057
H.R. 11430
Roncallo
H.R. 11057
Ullman
Rosenthal
H.R. 11057
Roush
H.R. 11057
Vander Jagt
H.R. 11839
Rousselot
H.R. 11821
Vanik
H.R. 11056
Roy
H.R. 11057
Runnels
H.R. 11432
Walsh
H.R. 11057
Ryan of Calif
H.R. 11432
Ware
H.R. 11179
H.R. 11721
White
H.R. 11057
St Germain
H.R. 11431
Wilson of Calif
H.R. 11179
Sarasin
Sarbanes
H.R. 11430
Wilson of Texas
H.R. 11057
Winn
H.R. 11028
Scherle
H.R. 11057
Schroeder
Won Pat
H.R. 11430
H.R. 11179
Seiberling
H.R. 11432
Wright
H.R. 11057
H.R. 11430
Wyatt
H.R. 11058
Shoup
Shriver
H.R. 11056
Wydler
H.R. 11028
Sisk
H.R. 11056
Wylie
H.R. 11821
Skubitz
Wyman
H.R. 11431
H.R. 11432
Snyder
H.R. 11430
Yatron
H.R. 11431
Stanton of Ohio
(J. William)
H.R. 11056
Young of Ga
H.R., 11056
Young of S.C.
H.R. 11058
Stark
H.R. 11430
Steiger of Ariz
Young of Ill
H.R. 11057
H.R. 11179
Studds
Young of Fla
H.R. 11431
H.R. 11058
Sullivan
H.R. 11057
Symington
H.R. 11028 Zwach
H.R. 11179
November 1973 Hearings on H.R. 10952
Following the introduction of H.R. 10952 and identical bills,
hearings were promptly scheduled. These took place on November 13,
14, and 15, 1973, with both morning and afternoon sessions on the
latter two days. The 23 witnesses, representing Federal agencies,
industry, university research organizations, and environmental
groups generally endorsed the concept of the demonstration
project, its timeliness, and general administrative features.
The witnesses and the emphases of their testimony, in the order of
their appearance before the Subcommittee were:
1. Dr. James C. Fletcher, Administrator, National Aeronautics
and Space Administration. He supported the bill, and also called
for creation of the Energy Research and Development Adminis-
tration (ERDA).
2. Dr. H. Guyford Stever, Director, National Science Founda-
tion. He supported the demonstration concept, but felt ERDA
management was important and the large scale demonstration
called for in H.R. 10952 was premature.
3. Dr. Betsy Ancker-Johnson, Assistant Secretary for Science
and Technology, Department of Commerce. She supported the
demonstration concept with ERDA management. She also advo-
cated a strong role for the National Bureau of Standards.
21
4. Mr. Peter Michel, Acting Deputy Assistant Secretary for
Policy Development and Research, Department of Housing and
Urban Development. His statement was little more than a strong
plea for the creation of ERDA. In response to committee questions
he indicated his general support of the demonstration concept,
with strong participation by HUD in all phases.
5. Dr. Peter Glaser, Vice President for A. D. Little Co. He felt
the bill was too timid, and did not go far or fast enough. He heads
an industrial solar study, and felt industry is now ready to pro-
duce on a large scale solar heating and cooling equipment, but
needs government incentives.
6. Mr. P. Richard Rittleman, Burt, Hill and Associates, Butler,
Pennsylvania. A leading solar-oriented Architect and Mechanical
Engineer, he called for more emphasis on the commercial building
portion of the demonstration program.
7. Dr. Erich Farber, Solar Energy Laboratory, University of
Florida. He indicated that solar technology is ready for such a
large-scale demonstration, but urged even greater speed than envi-
sioned in the bill.
8. Prof. Raymond Reed, Dean, College of Architecture and En-
vironmental Design, Texas A & M University. He provided strong
support and advocated expanded national coverage and greater
participation by architectural schools and students.
9. Mr. William Rush, Manager, Systems Applications Research,
Institute. of Gas Technology. His testimony showed near solar
readiness of their new heat exchanger. His answers to Committee
questions showed his support of the bill.
10. Mr. Sheldon Kinsel, Conservation Liaison, National Wild-
life Federation. He gave enthusiastic support and wanted to
expand bill to other energy conservation areas.
11. Mr. Wilson Clark, Energy Consultant, Environmental
Policy Center. He supported the concept of the bill enthusias-
tically, while urging a number of extensions into other energy-
related areas.
12. Mr. Warren Christian, President, Solec Company. He gave
testimony on solar heating products produced by his company.
His answers to Committee questions indicated support for the
bill.
13. Rear Admiral Nathan Sonenshein, Defense Energy Task
Group. He supported the bill without mentioning ERDA. He
gave an understanding of how DOD would participate, citing
specific financial and legislative needs.
14. Mr. Walter Meisen, Assistant Commissioner for Construc-
tion Management, Public Buildings Service, General Services Ad-
ministration. He supported the bill and called for creation of
ERDA. He demonstrated GSA interest and competence, and ex-
pressed interest in having GSA included in the bill.
15. Mr. Ralph Johnson, Staff Vice President, National Associa-
tion of Home Builders Research Foundation, Inc. His strong sup-
port for the bill was qualified by a call for time and funding
increases.
22
16. Mr. Frederick D. Hunt, Jr., Director of Program Develop-
ment, Mobile Home Manufacturers Association. He generally
supported the bill and pointed out special needs of mobile home
manufacturers and owners in utilizing solar energy.
17. The Hon. Charles Vanik, Member of Congress from Ohio.
Mr. Vanik offered numerous amendments, some following from
legislation he had introduced independently. He was generally
enthusiastic about the bill.
18. Prof. Richard Schoen, School of Architecture/Urban Plan-
ning, UCLA. He concentrated on institutional barriers to the
introduction of solar heating and cooling, and offered numerous
modifications. He generally supported the bill.
19. Mr. J. Frederick Weinhold, Senior Engineer, Energy
Policy Project. He concentrated on the future role of solar energy
and identified some of the hurdles to be overcome. He generally
supported the legislation.
20. Mr. Jack Bologna, Director, New Products Development,
PPG, Inc. He concentrated on the virtues of proper glass selection
for solar collectors, and the need for Federal financial support of
industrial supplies for a new solar industry. He supported the bill
in response to Committee questions.
21. Dr. Ian R. Jones, Manager, Thermal Energy Systems De-
partment, TRW Systems. He described TRW work on a current
$550,000 NSF grant, and earlier work on HUD Project Break-
through. He supported the intent of the bill, but pointed out that
work is under way on major problem areas identified by the bill.
22. Dr. Jesse C. Denton, Director, National Center for Energy
Management and Power, University of Pennsylvania. He sup-
ported the concept of the bill with a delay in the cooling portion,
increased funds, and possible joint office management.
23. Mr. Donald A. Urquhart, Manager of Special Projects,
Lighting Products Division, Corning Glass Works. He described
his company's efforts in developing concentric cylindrical tubular
solar collectors. He urged increased speed and funding.
The oral testimony was supplemented by written statements from
1. Hon. J. J. (Jake) Pickle of Texas.
2. Hon. Goodloe E. Byron of Maryland.
3. Mr. William Bailey, president, Carrier Corp.
4. Mr. D. C. Burnham, Chairman, Westinghouse Corp.
5. Consulting Engineers Council of the United States.
6. Dr. James Comly, manager, Thermal Branch, General Elec-
tric Corporate Research and Development.
7. Mr. William C. Dackis, vice-president and assistant to the
president, Crane Co.
8. Mr. Fred Dubin, P.E., Dubin-Mindell-Bloome Associates.
9. Mr. J. W. Kennedy, president, York Division, Borg-Warner
Corp.
10. Mr. L. T. Papay, director, Research and Development,
Southern California Edison Co.
11. Mr. Jerry Plunkett, president, Materials Consultants, Inc.
12. Hon. Dixy Lee Ray, Chairman, Atomic Energy Commis-
sion.
23
13. Mr. William A. Shurcliff, senior research associate, Harvard
University.
14. Mr. Edson W. Spencer, executive vice president, Honeywell.
15. Ms. Rosalyn L. Switzen, National Education Ombuds-
woman.
16. Mr. H. E. Thomason, J.D., president, Thomason Solar
Homes, Inc.
A primary concern of the Committee was whether the bill pro-
vided adequate time for the successful demonstration of heating and
cooling technology. Five witnesses felt that three years were about
right for the heating demonstration, five felt it too short, and three
felt it too long. For the combined heating and cooling demonstration,
two witnesses expressed concern that it was too short and one spe-
cifically stated that it was adequate. Generally the Committee felt
that the expert testimony found the three and five year goals to be
reasonable ones.
A second major concern of the Committee concerned the adequacy
of the $50 million authorization. Although eight of the witnesses felt
the amount was too little, four witnesses specifically stated that the
amount was sufficient and the others made no specific comment. Closely
related to the dollar limitation question is that of the number of units.
Very few of the witnesses specifically commented on this question, but
three felt the number was too high, while two specifically stated it
was too low.
A third concern of the Committee was the adequacy of the proposed
administrative structure. Witnesses representing executive agencies
called for using the proposed Energy Research and Development
Agency (ERDA) as the administrative agency. Two other witnesses
suggested further strengthening the role of the Department of Hous-
ing and Urban Development, and several other witnesses urged that
the areas of responsibility be more carefully delineated. None of the
witnesses specifically argued against utilizing NASA for contracting
for the solar equipment or HUD for installing and monitoring the
heating and/or cooling systems.
A fourth major concern of the Committee was whether or not solar
technology had evolved to the point that it is now reasonable to begin
a demonstration program. Ten witnesses specifically indicated their
agreement with the view that now is the time to begin such a demon-
stration. Only Dr. Stever voiced concern that the undertaking was
premature. Several witnesses indicated that the bill, rather than being
premature, moved too slowly.
A wide range of possible amendments were proposed by witnesses.
Among those adopted by the Committee and described in a later sec-
tion were suggestions for a solar data bank; removal of Federal mort-
gage and construction ceilings for housing involved in the demonstra-
tion projects; modifications in the design competition; emphasis on a
need for increasing the number of regions and the number of manu-
facturers involved; a greater emphasis on commercial buildings; in-
clusion of GSA among the participating agencies; inclusion of solar
hot water demonstrations if desirable; and providing more time to
NBS for the preparation of equipment and building performance
criteria.
24
There were many other valuable suggestions which were not in-
cluded as amendments to the bill itself. Some were already permitted
but not required by the language of the bill; others were really ad-
ministrative in nature, involving decisions that should be made by the
administrators after the program has been initiated. Further discus-
sion of some of these will be found under "Committee Views."
Several witnesses were concerned that the demonstration units be
insured under existing HUD insurance programs for experimental
projects.
Questions were raised about patent policy, with emphasis on the
need to encourage manufacturers to enter this demonstration project.
A number of witnesses discussed the need for legislation concern-
ing sun rights or three dimensional zoning. Others addressed build-
ing codes, labor jurisdictional questions, needs of industrial suppliers
for solar equipment manufacturers, and any other impediments to
builder and consumer acceptance.
There were requests by three witnesses to expand the scope of the
bill to declare a Federal long-range commitment to support solar-heat-
ing and cooling, perhaps going so far as to mandate solar heating for
all Federal buildings. Witnesses Glaser, Kinsel, Johnson, and Wein-
hold called for allowing greater flexibility for the administrator, in-
cluding the possibilities for subsidies and authority for ad-hoc ne-
gotiations. Witnesses Reed and Rittleman called for the mandating
of metric units in the bill; Mr. Rittleman also noted the need for sub-
system compatibility.
Witnesses who were architects as well as representatives of the
building industry made suggestions concerning the design competition
called for in the bill. They emphasized its importance and urged the
inclusion of all qualified participants, including manufacturers, build-
ers, and students.
Witnesses Ancker-Johnson, Sonenshein, Schoen, and Weinhold
urged the use of control houses, and careful test procedures. Other
witnesses urged careful consideration of the siting of the houses. Wit-
ness Schoen went further and urged the taking of a complete history
on the project, stating that this would be a unique and valuable con-
tribution to allow improvements in future demonstration projects.
Witnesses Vanik and Hunt urged that community units be allowed.
Witnesses argued on both sides of the question as to whether retrofit-
ting units on existing structures should be stressed. Witnesses Vanik,
Reed, and Denton urged the widest possible geographical spread of
the solar units.
Several witnesses called for the inclusion of the public and various
interest groups in the administration of this demonstration project.
Mention was made of the Experimental Research and Development
Program (ERDIP) at NSF and the Experimental Technology incen-
tives Program (ETIP) at NBS, and their potential relationships to
the demonstration program.
Mr. Schoen urged a complete Technology Assessment of the solar
heating and cooling area. Mr. Rittleman noted that previous techno-
logical innovations have followed a "Filter down" process, beginning
with the commercial market and expensive, architect-designed residen-
tial units.
25
In summary, the hearings were a most valuable source of excellent
ideas, many of which appeared in the final version of the bill, H.R.
11864. The witnesses almost without exception supported increased
Federal funding to encourage rapid initiation of this new form of
space conditioning. They broadly endorsed the time scale, funding
level, and administrative mechanisms proposed by the legislation.
COMMITTEE ACTIONS
M arkup in Subcommittee of H.R. 10952
On December 11, 1973, a quorum being present, the Subcommittee on
Energy marked up the original bill (H.R. 10952 and identical meas-
ures), approving a number of amendments. Suggestions for many of
these amendments arose in the course of the November hearings de-
scribed above. Some of the amendments were substantive, others were
minor, technical, and conforming changes. All such amendments were
incorporated into a clean bill (H.R. 11864).
Throughout the bill, changes in language were made to show more
explicitly the delineation of agency responsibilities, and to more
clearly define the two distinct phases of the demonstration program
and the associated management functions. In addition, language
changes were made to clarify responsibilities of the agencies to con-
sult with each other as appropriate during the demonstration. In the
first phase, NASA would have major responsibility for developing the
solar heating and cooling equipment; in the second phase HUD would
have major responsibility for installation, testing, and evaluation of
the equipment and housing, as well as the dissemination of informa-
tion and data. Major functional duties were not reassigned, but a
clearer delineation of agency responsibility was set forth.
Two new findings were added (Section 2) which point up the bene-
ficial effect of solar energy heating and cooling upon the environment
and the assistance it can render toward the elimination of U.S. depend-
ence upon foreign energy imports.
The General Services Administration was specifically written into
the bill in Section 7 in recognition of the lead role that it can play
in promoting the objectives of this program's commercial building
program. Acknowledgement of this major role is also seen in the in-
clusion of GSA in the Act at several places.
A major amendment was adopted as Section 9 (c) that would require
the Secretary of Housing and Urban Development to establish and
operate a Solar Heating and Cooling Information Data Bank. This
data bank is described in the Explanation and Sectional Analysis
Sections.
A new section was added (becoming Section 10) that raised the
maximum dollar amounts for federally-assisted mortgage loans and
maximum allowable unit costs of federally-constructed housing in-
volved in this demonstration. Generally, this provision authorizes ex-
isting statutory and/or regulatory maxima on loans and unit costs
to be increased in the amount by which the cost of providing solar
heating and/or cooling exceeds the cost of providing conventional
heating and/or cooling systems.
Many witnesses called the attention of the Subcommittee to the fact
that many bills before the Congress would establish a single depart-
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27
ment or agency within the Executive Branch to centralize direction
and control over energy research and development. One such bill to
create an Energy Research and Development Administration has been
passed by the House. To avoid any conflict with such organizational
changes, the Subcommittee approved an amendment (becoming Sec-
tion 13) to provide that within sixty days after enactment of any law
creating an Energy Research and Development Administration or
other permanent Federal organization responsible for energy research
and development functions, responsibilities assigned to NASA and
NSF under the provisions of this bill will be transferred to and vested
in the newly established agency or department.
In addition to the above changes and various technical changes,
minor amendments approved by the Subcommittee included:
Section 3.-Definitions 1 and 2 were modified to allow for dem-
onstration projects involving solar water heating alone. This
is a major form of home energy consumption, and is the most
widespread application of solar energy; it is perhaps the only
feasible way to currently use solar energy in certain types of
buildings.
Section 5 (b) (1) .-The time allowed for NBS to develop per-
formance criteria was lengthened from 80 to 120 days at the re-
quest of NBS and the suggestion of several other witnesses.
Sections 5(b) (2) and 6(b) (2).-The language setting up an
architectural design competition was slightly modified in accord-
ance with suggestions from the American Institute of Architects.
Sections 5 (c) (2) and (d) (2) .-Replaced "at least two differ-
ent" by "a number of", to emphasize the desire for competition
between manufacturers.
Sections 5 (c) (3) and (d) (3) .-Deleted the words "Not less
than three" with respect to number of geographic regions for
demonstration projects to emphasize the need for utilizing as
many different geographical areas as feasible.
Section 7.-The phrase "public buildings (including schools
and colleges)" was added to the list of commercial buildings in
accordance with suggestions made to the Subcommittee.
Full Committee Action on H.R. 11864
Following the subcommittee actions described above, a clean bill
was introduced, cosponsored by all members of the Subcommittee
(including the full Committee Chairman and the Ranking Minority
Member) on December 10. The clean bill, H.R. 11864, was considered
by the full committee on December 14 and approved unanimously
without change. On December 19, a quorum then being present,
the Committee again unanimously approved the bill with no changes
and recommended passage by the full House.
COMMITTEE VIEWS
Departmental Responsibilities
It is the intent of the Committee that this bill define a working ar-
rangement between those Federal agencies best able to handle the
various facets of this demonstration program, while at all times speci-
fying a lead agency to ensure adequate management for each phase.
The principal agencies are NASA and HUD, with NASA having re-
sponsibility during the first phase (development and procurement of
the heating and/or cooling systems) and HUD having responsibility
during the second (installation, monitoring and evaluation of the
equipment and buildings).
A unique role is assigned to NBS in support of both phases. It
is assigned the task of determining performance criteria, with which
NASA will then work with industry in developing suitable hardware.
NBS will also work with HUD in monitoring and evaluating the per-
formance of the units.
NSF has been and will continue to be the major supporter of re-
search in solar energy. NSF research projects have laid much of the
technological foundation for this demonstration. It is expected that
NSF will closely coordinate its solar program with this program, and
will support activities that will further the objectives of this bill
where feasible.
Organizational charts could be drawn for the two separate phases
of this project. This is more properly an administrative prerogative,
within the guidelines set forth in the bill.
The dissemination of information will be carried out by HUD,
utilizing the existing capabilities of NASA, NSF, NBS, the Patent
Office, and other organizations.
Interagency cooperation is very important in this program. Previous
joint efforts have been pointed to with pride between NASA and AEC
and between AEC and DOD. There is every reason to believe that the
administrative approach specified in the bill will be suitable, despite
obvious potential dangers in assigning specific responsibilities. The
Committee believes that the agencies can avoid these dangers and suc-
cessfully administer this important program.
Adequacy of Authorized Funds
During the course of the hearings on H.R. 10952, there was con-
siderable disagreement among the witnesses concerning the adequacy
of the $50 million budget. This amount was based on advice from Fed-
eral agencies and outside experts, although a more detailed cost analy-
sis and further research data might reveal these funds to be insufficient
to meet the total program as envisioned in this bill.
Although some witnesses indicated the budget was too low, others
stated it was adequate. There was, however, considerable support for
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29
increased emphasis on the commercial demonstration programs, with
possible further cost increases.
The Committee feels the $50 million authorization will provide an
adequate demonstration of the technical and economic feasibility of
applying solar energy to heat and cool buildings. It should be em-
phasized that the bill does not require a specific number of residential
or commercial units. It does establish 4,000 residential units as a num-
ber that will in any case meet the requirement that substantial num-
bers of units be produced and installed.
There may be upward or downward adjustments in the number
of residential and commercial demonstration units consistent with the
needs of the demonstration program and the availability of funds.
Reduction in the number of residential units will not reduce costs in
a linear manner, however, since a large portion of the costs will be
in the R. & D. and set-up expenses.
Technological Contributions from Private Citizens
During the course of the hearings and various field visits, the
Committee became aware of many demonstration projects already in
existence or being built by private citizens at their own expense. A
great portion of present solar heating and cooling technology has come
from these sources. This bill does not directly provide funds to assist
these individuals, but neither does it prohibit their participation in
this demonstration. These kinds of projects may also be eligible for
related research programs supported by NSF and NASA under Sec-
tions 4 and 8 of this bill, or other research activities.
Design Competitions
During the hearings on H.R. 10952 there was considerable discussion
with the witnesses on the design competitions for residences compatible
with solar heating and/or cooling equipment, as specified in sections
5 and 6. The language of the bill was slightly modified to reflect the
Committee's wish that all potential qualified individuals be allowed to
participate. Students were specifically added with the provision that
they be engaged in studies at recognized schools in architecture, engi-
neering, or related fields.
Thus the broad classification for participants includes all recognized
professionals who are qualified to design houses to demonstrate solar
heating and combined solar heating and cooling. This will help fulfill
the dual purposes of the competition-developing a useful library of
designs, and making known to the housing design market that immedi-
ate exploitation of solar energy is possible. The bill language is be-
lieved to be acceptable to the American Institute of Architects' design
competition committee.
The duplication of competitions for housing designs for heating
(section 5) and combined heating and cooling (section 6) is inten-
tional. The second competition would probably be delayed to allow
for the development of the more advanced combined heating and cool-
ing equipment which could have some impact on building designs.
Solar Heating and Cooling Information Data Bank
The Solar Heating and Cooling Data Bank was added in markup
and is in accordance with testimony from a number of witnesses. The
30
choice of HUD as the responsible agency is an obvious one, since it
has close ties to the housing industry and is the Federal agency most
likely to be sought out by individuals or organizations interested in
solar heating or cooling. Other agencies would be utilized, and the
Committee hopes that an appropriate existing information system
could be utilized SO that a bureaucracy need not be created.
It is not intended that this data bank carry out original research in
any area, and the budget for a carefully managed data bank should
not be large.
Ceilings on Loans and Unit Construction Costs
Section 10 was added in markup in response to concerns that the
demonstration might be hindered by existing legislative limitations.
It is the belief of the Committee that this language removes Federal
legislative or regulatory restrictions on mortgage loans or units costs
to the extent of the increase due to solar heating and cooling systems.
The additional costs may include, but not be limited to, equipment,
special insulation and construction materials, special construction
techniques, and the auxiliary heating and/or cooling systems.
Mass Production of Units in Substantial Numbers
The Committee feels that mass production of units will help meet
two goals of this demonstration act: (1) developing an industrial
solar equipment capability and (2) developing a wide market for solar
heating and/or cooling systems. Sufficient numbers of identical units
should be produced to ensure that they not be hand-built, one-of-a-kind
systems; at the same time, a large number of potential manufacturers
should be involved.
It is the intent of the committee that the program test and evaluate
many different concepts, without freezing designs prematurely. Ap-
propriate changes and improvements should be possible at any time
consistent with goals meeting the schedules of the demonstration pro-
gram. 4,000 units is adequate to meet the requirement that "substan-
tial numbers" of units be mass produced; this number may be reduced
if lower totals can adequately meet the objectives of the demonstra-
tion program.
SECTION-BY-SECTION SUMMARY OF THE BILL
The first section contains the short title of the bill-the "Solar
Heating and Cooling Demonstration Act of 1973.".
Section 2. Findings and Policy
This section sets forth the policy and purpose of the bill and the
findings on which they are based.
Subsection (a) expresses the findings of the Congress-that the
current fuel and energy shortage is likely to persist; that the early
demonstration of the use of solar energy for heating and cooling
buildings could expedite its commercial application and help relieve
the demand on present fuel and energy supplies; that solar heating
technology is already close to commercial application, while the com-
mercial development of technologies for combined heating and cooling
apparently presents no insoluble technical problems; and that the
development and use of solar heating and cooling equipment will
benefit the environment, improve our balance of trade, eliminate our
dependence upon foreign energy sources, and promote the national
defense.
Subsection (b) declares it to be the policy of the United States and
the purpose of the bill to provide for a 3-year program to demonstrate
the practical use of presently available solar heating technology, and
for a 5-year program to develop and demonstrate the practical use of
combined solar heating and cooling technology.
Section 3. Definitions
This section contains definitions of terms used in the bill. "Solar
heating" means the use of solar energy to meet such portion of a
building's total heating (or hot water) needs as may be required under
performance criteria prescribed by the National Bureau of Stand-
ards. "Combined solar heating and cooling" means the use of solar
energy to meet such portion of a building's total heating (or hot
water) needs, and total cooling needs, as may be required under such
criteria (and includes cooling by means of other methods of meeting
peakload energy requirements at non-peakload times). "Residential
dwellings" includes mobile homes.
Section 4. Conduct of Activities in Solar Heating and Cooling Tech-
nologies by National Aeronautics and Space Administration
This section amends section 203 of the National Aeronautics and
Space Act of 1958 to direct the National Aeronautics and Space Ad-
ministration to initiate, support, and carry out basic and applied re-
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32
search, development, demonstrations, and other activities in solar
heating and cooling technologies (including activities funded under
sections 5, 6, and 7 of the bill).
Section 5. Development of Solar Heating Systems To Be in
Residential Dwellings
This section establishes a Federal program for the early develop-
ment and demonstration, by the National Aeronautics and Space Ad-
ministration (NASA) and the Department of Housing and Urban
Development (HUD) in cooperation with other Federal agencies, of
solar heating systems to be used in residential dwellings.
Section (a) directs the Administrator of NASA, in consultation
with the Secretary of HUD, to initiate and carry out the demonstra-
tion program in accordance with the succeeding provisions of the
section.
Subsection (b) provides for the initial stage of the program. It
directs the National Bureau of Standards (NBS), in consultation with
the Administrator and the Secretary of HUD, (1) to determine, pre-
scribe, and publish, within 120- days after enactment, performance
criteria for solar heating systems to be used in residential dwellings
and similar criteria (relating to suitability for solar heating) for the
dwellings themselves, taking into account climatic variations, and (2)
to select, as soon as possible thereafter, on the basis of design competi-
tions open to all qualified professionals (including advanced students
in architecture, engineering, and related fields), a number of designs
for various types of residential dwellings which are suitable for the
installation of solar heating systems meeting the applicable criteria
SO prescribed.
Subsection (c) provides for the actual carrying out of the program.
The Administrator, in consultation with the Secretary of HUD,
would first enter into contracts for the development (for commercial
production and residential use) of solar heating systems meeting the
applicable performance criteria prescribed under subsection (b) (and
for the manufacture, production, and installation of prototype solar
heating systems in dwellings meeting the applicable criteria if he
determines that it would expedite the program).
The Administrator would then enter into contracts with various
persons and firms for the actual manufacture on a mass production
basis of the solar heating systems SO developed (including spare and
replacement parts).
Finally the solar heating systems SO manufactured, in sufficient
numbers to assure a realistic and effective demonstration (approxi-
mately 1,000 such systems), would be installed in residential dwellings
located on Federal or federally-administered property (for observa-
tion and monitoring by Federal personnel) in conjunction with and
under arrangements to be made by the Secretary of Defense; and an
equal number of such systems would be installed in privately-owned
and occupied residential dwellings in conjunction with and under ar-
rangements to be made by the Secretary of HUD. Title to and owner-
ship of any solar heating system installed in a private dwelling would
remain in the United States after the installation unless and until the
owner-occupant of the dwelling involved (pursuant to an agreement
33
made at the time of the installation), including any subsequent owner-
occupant who makes such an agreement, has observed and monitored
(or permitted the Secretary's agents to observe and monitor) the per-
formance and operation of the system for 5 years and has regularly
furnished the Secretary with such reports thereon as the Secretary
may require. The dwellings used in the program are to be located in
different geographical areas to assure a realistic and effective demon-
stration of both the systems and the dwellings involved under vary-
ing climatic conditions.
Subsection (d) vests in the Secretary of HUD (utilizing NBS and
in consultation with the Administrator and the Secretary of Defense)
the general function of monitoring the performance and operation of
all solar heating systems installed under the program, collecting and
evaluating information thereon, taking such actions as are necessary
to assure that the program effectively carries out the objectives of the
bill, and maintaining continuing liaison with the building industry
and related industries and interests to assure that the projected ben-
efits of the program are and will continue to be effectively realized.
Section 6. Development of Combined Solar Heating and Cooling
Systems To Be Used in Residential Dwellings
This section establishes a Federal program for the development
and demonstration of combined solar heating and cooling systems to
be used in residential dwellings which includes the same steps (the
initial stage involving the determination of performance criteria by
NBS and the selection of approved dwelling designs, the actual carry-
ing out of the program by the Administrator of NASA through con-
tracts for the development and manufacture of approved solar heating
and cooling systems and the installation of such systems in at least
2,000 approved dwellings, and the monitoring of such systems by the
Secretary of HUD) as the program established by section 5 for the
development and demonstration of solar heating systems alone, and
which is otherwise the same as that program in all procedural respects
with a single exception:
Reflecting the fact that the technologies for combined solar heating
and cooling are not as close to the point of commercial application
as the technologies for solar heating alone, the program under this
section of the bill includes as an additional step (immediately follow-
ing the initial stage of the program and before the stage of contract-
ing for development and manufacture) a period of research, develop-
ment, testing, and demonstration design to provide the additional
technological resources necessary for the development and commercial
application of combined solar heating and cooling systems under the
program as contemplated by the bill.
Section 7. Development of Solar Heating and Cooling Systems for
Commercial Buildings
This section directs the Administrator of NASA and the Secretary
of HUD, in consultation with NBS and the General Services Adminis-
tration (and concurrently with the demonstration programs involving
residential dwellings under sections 5 and 6 of the bill), to carry out
appropriate projects and activities for the early development and
34
demonstration of combined solar heating and cooling for use in apart-
ment buildings, office buildings, factories, agricultural structures, pub-
lic buildings, schools, and other commercial and industrial buildings.
These projects and activities would take into account the special needs
of and individual differences in such buildings based on size, function,
and other relevant factors.
Section 8. Funding of Solar Energy Research by National Science
Foundation
Subsection (a) of this section amends section 3 of the National
Science Foundation Act of 1950 to direct the National Science Founda-
tion (NSF) to initiate and support basic and applied research relating
to solar energy development.
Subsection (b) emphasizes that NSF's research activities under the
amendment made by subsection (a) are to be in support of the objec-
tives of the bill and of the new solar heating and cooling technologies
demonstrated by NASA under sections 4, 5, 6, and 7. The Director of
NSF would be authorized to fund these activities and to utilize for
this purpose any funds appropriated or transferred to him.
Section 9. Dissemination of Information and Other Actions To Pro-
mote Practical Use of Solar Heating and Cooling Technologies
Subsection (a) of this section directs the Secretary of HUD, in
coordination with the Administrator of NASA, NBS, NSF, the
Patent Office, and other Federal agencies, to assure that full informa-
tion with respect to the demonstration programs and other activities
under the bill is made available to public authorities, the building in-
dustry and related segments of the economy, and the public at large,
with the objective of promoting and facilitating the early and wide-
spread practical use of solar energy for heating and cooling
buildings.
Subsection (b) further directs the Secretary of HUD to study and
investigate existing building codes, zoning ordinances, and related
laws and practices to determine their effect upon the practical use of
solar energy for heating and cooling buildings and the extent to which
they should be changed to permit or facilitate such use.
Subsection (c) directs the Secretary of HUD (utilizing the ca-
pabilities of NASA, NBS, and NSF and the existing data base of sci-
entific and technical information in Federal agencies) to establish and
operate a Solar Heating and Cooling Information Data Bank to col-
lect, review, process, and disseminate solar heating and cooling in-
formation and data, including relevant types of technical information
and information on the physical and chemical properties of solar
heating and cooling materials, climatic conditions, and the engineer-
ing performance of solar heating and cooling devices. Retrieval and
dissemination of this information would be provided for Federal,
State, and local government organizations active in the energy field
(and their contractors), to colleges and universities in related research
and consulting activities, and to the private sector upon request in ap-
propriate cases.
35
Subsection (d) directs each Federal officer and agency engaged in
activities under the bill to include a full description of such activities
current and projected (with related recommendations) in his or its
annual report to the President and the Congress. In addition, the
Secretary of HUD is directed to submit annually a special report sum-
marizing all of the current and projected activities of the various
Federal officers and agencies having functions under the bill in order
to provide a comprehensive overall view of the various programs
under the bill.
Section 10. Dollar Limitations on Federally-Assisted or Federally-
Constructed Housing
This section is designed to expedite the demonstration programs un-
der the bill, and assure that assistance under the various Federal hous-
ing laws will be available for dwellings equipped with solar heating
or solar heating and cooling systems under those programs, by pro-
viding in effect that the additional cost of such systems is to be disre-
garded in the application of those laws.
Subsection (a) provides that in determining the maximum dollar
amount of any federally-insured mortgage loan or the maximum cost
of any federally-constructed housing, where the law providing for
the loan or construction specifies such maximum amount or cost and
the structure involved is furnished with solar heating or solar heating
and cooling equipment under the bill, the maximum amount or cost
SO specified will be deemed to be increased by the difference between
the price or cost of the structure including such equipment and the
price or cost of the structure with such equipment replaced by con-
ventional heating or heating and cooling equipment. In the case of
a mortgage loan, this difference would also be taken into account for
purposes of applying any statutory maximum loan-to-value or -cost
ratio (and, where downpayment rates vary for successive increments
of value or cost, would be subject to the lowest such rate).
Subsection (b) defines the terms "mortgage loan" and "federally-
assisted mortgage loan" for purposes of subsection (a). The latter
term is defined as broadly as possible, SO as to include any mortgage
loan made by a lender who is subject to Federal regulation or whose
deposits or accounts are federally insured, any loan which is made,
insured, guaranteed, supplemented, or otherwise assisted in any way
by a Federal agency or under a Federal program, any loan which is
eligible for purchase by FNMA, GNMA, or FHLMC, and certain
other loans made by lenders subject to the Consumer Credit Protec-
tion Act of 1968.
Subsection (c) defines the term "federally-constructed housing" to
include any residential or multifamily housing which is constructed by
a Federal agency and is designed for one or more particular types
or classes of persons under a Federal program (including Defense
Department housing for servicemen and their families), and any hous-
ing which is constructed by a State or local agency with Federal assist-
ance for one or more particular types or classes of persons under a
State or local program.
36
Section 11. Encouragement and Protection of Small Business
This section directs all Federal officers and agencies performing
functions under the bill to assure that small business concerns are
given a realistic and adequate opportunity to participate in the new
solar heating and solar heating and cooling demonstration programs.
Section 12. Regulations
This section directs the Administrator of NASA, in consultation
with NBS, NSF, the Secretary of HUD, the Administrator of GSA,
the Secretary of Defense, and other appropriate Federal officers and
agencies, to prescribe the regulations necessary to carry out the pro-
grams under the bill promptly and efficiently. Each such officer or
agency, in consultation with the Administrator, could prescribe any
additional regulations necessary for the performance of his or its
particular functions under the bill.
Section 13. Transfer of Functions
This section, recognizing the possibility that a new Energy Re-
search and Development Administration or similar Federal agency
will be created with overall jurisdiction over the energy research and
development functions of the United States and the desirability of
assuring that such functions do not remain fragmented after the cre-
ation of that agency, provides for the transfer to such new agency
under OMB regulations, within 60 days after its creation (or after the
enactment of the bill- if later), of all of the functions vested by the
bill in NASA and NSF along with related records, documents, per-
sonnel, obligations, and other items.
Section 14. Authorization of Appropriations
This section authorizes the appropriation of $50,000,000 to the Ad-
ministrator of NASA to enable him, over a 5-fiscal-year period, to
carry out his functions under the bill and to reimburse NBS, NSF,
the Secretary of HUD, the Secretary of Defense, and GSA for ex-
penses incurred by them in carrying out their functions under the
bill.
COST AND BUDGET DATA
Discussion with qualified experts before, during, and after the ex-
tensive hearings on H.R. 10952 verified $50 million as a reasonable sum
for this demonstration program. This includes agency staff, prototype
development, and equipment purchase costs for both the residential
and commercial portions of the demonstration program.
No five year budget estimates have been received from Federal agen-
cies. In accordance with the requirements of sec. 252 (b) of the Legisla-
tive Reorganization Act of 1970, the Committee estimates the costs
of the program provided for in the bill are :
Millions
Fiscal year 1975
$4. 5
Fiscal year 1976
8.0
Fiscal year 1977
11. 5
Fiscal year 1978
12. 5
Fiscal year 1979
13. 5
COMMITTEE RECOMMENDATIONS
A quorum being present, the Committee, by voice vote, unanimously
approved the bill.
DEPARTMENT RECOMMENDATIONS
Formal written reports requested from the National Aeronautics
and Space Administration, the Departments of Commerce, Defense,
and Housing and Urban Development, General Accounting Office, the
National Science Foundation and the General Services Administra-
tion have not been received. However, testimony from all of these
organizations except the General Accounting Office was received and
is part of the Hearing Record.
(37)
CHANGES IN EXISTING LAW MADE BY THE BILL,
AS REPORTED
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as re-
ported, are shown as follows (existing law proposed to be omitted is
enclosed in black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman) :
SECTION 203 OF THE NATIONAL AERONAUTICS AND
SPACE ACT OF 1958
FUNCTIONS OF THE ADMINISTRATION
SEC. 203. (a) The Administration, in order to carry out the purpose
of this Act, shall-
(1) plan, direct, and conduct aeronautical and space activities;
(2) arrange for participation by the scientific community in
planning scientific measurements and observations to be made
through use of aeronautical and space vehicles, and conduct or
arrange for the conduct of such measurements and observations;
and
(3) provide for the widest practicable and appropriate dis-
semination of information concerning its activities and the results
thereof.
(b) The Administration shall initiate, support, and carry out basic
and applied research, development, demonstrations, and other related
activities in solar heating and cooling technologies, including (to the
extent that funds are appropriated therefor) activities as provided
for in sections 5, 6, and 7 of the Solar Heating and Cooling Demonstra-
tion Act of 1973.
[(b)] (c) In the performance of its functions the Administration is
authorized-
(1) to make, promulgate, issue, rescind, and amend rules and
regulations governing the manner of its operations and the exer-
cise of the powers vested in it by law;
(2) to appoint and fix the compensation of such officers and
employees as may be necessary to carry out such functions. Such
officers and employees shall be appointed in accordance with the
civil-service laws and their compensation fixed in accordance with
the Classification Act of 1949, except that (A) to the extent the
Administrator deems such action necessary to the discharge of his
responsibilities, he may appoint not more than four hundred and
twenty-five of the scientific, engineering, and administrative per-
sonnel of the Administration without regard to such laws, and
(38)
39
may fix the compensation of such personnel not in excess of the
highest rate of grade 18 of the General Schedule of the Classi-
fication Act of 1949, as amended, and (B) to the extent the Admin-
istrator deems such action necessary to recruit specially qualified
scientific and engineering talent, he may establish the entrance
grade for scientific and engineering personnel without previous
service in the Federal Government at a level up to two grades
higher than the grade provided for such personnel under the
General Schedule established by the Classification Act of 1949,
and fix their compensation accordingly;
(3) to acquire (by purchase, lease, condemnation, or other-
wise), construct, improve, repair, operate, and maintain labora-
tories, research and testing sites and facilities, aeronautical and
space vehicles, quarters and related accommodations for employ-
ees and dependents of employees of the Administration, and such
other real and personal property (including patents), or any in-
terest therein, as the Administration deems necessary within and
outside the continental United States; to acquire by lease or other-
wise, through the Administrator of General Services, buildings
or parts of buildings in the District of Columbia for the use of
the Administration for a period not to exceed ten years without
regard to the Act of March 3, 1877 (40 U.S.C. 34) ; to lease to
others such real and personal property; to sell and otherwise
dispose of real and personal property (including patents and
rights thereunder) in accordance with the provisions of the
Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 471 et seq.) and to provide by contract
or otherwise for cafeterias and other necessary facilities for
the welfare of employees of the Administration at its installations
and purchase and maintain equipment therefor;
(4) to accept unconditional gifts or donations of services,
money, or property, real, personal, or mixed, tangible or
intangible;
(5) without regard to section 3648 of the Revised Statutes, as
amended (31 U.S.C. 529), to enter into and perform such con-
tracts, leases, cooperative agreements, or other transactions as may
be necessary in the conduct of its work and on such terms as it
may deem appropriate, with any agency or instrumentality of
the United States, or with any State, Territory, or possession, or
with any political subdivision thereof, or with any person, firm,
association, corporation, or educational institution. To the maxi-
mum extent practicable and consistent with the accomplishment of
the purpose of this Act, such contracts, leases, agreements, and
other transactions shall be allocated by the Administrator in a
manner which will enable small-business concerns to participate
equitably and proportionately in the conduct of the work of the
Administration;
(6) To use, with their consent, the services, equipment, person-
nel, and facilities of Federal and other agencies with or without
reimbursement, and on a similar basis to cooperate with other pub-
lic and private agencies and instrumentalities in the use of services,
equipment, and facilities. Each department and agency of the
40
Federal Government shall cooperate fully with the Administra-
tion in making its services, equipment, personnel, and facilities
available to the Administration, and any such department or
agency is authorized, notwithstanding any other provision of law,
to transfer to or to receive from the Administration without reim-
bursement, aeronautical and space vehicles, and supplies and
equipment other than administrative supplies or equipment;
(7) to appoint such advisory committees as may be appropriate
for purposes of consultation and advice to the Administration in
the performance of its functions;
(8) to establish within the Administration such offices and pro-
cedures as may be appropriate to provide for the greatest possible
coordination of its activities under this Act with related scientific
and other activities being carried on by other public and private
agencies and organizations;
(9) to obtain services as authorized by section 15 of the Act of
August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per
diem for individuals;
(10) when determined by the Administrator to be necessary,
and subject to such security investigations as he may determine
to be appropriate, to employ aliens without regard to statutory
provisions prohibiting payment of compensation to aliens;
(11) to provide by concession, without regard to section 321
of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b), on such
terms as the Administrator may deem to be appropriate and to
be necessary to protect the concessioner against loss of his invest-
ment in property (but not anticipated profits) resulting from the
Administration's discretionary acts and decisions, for the con-
struction, maintenance, and operation of all manner of facilities
and equipment for visitors to the several installations of the
Administration and, in connection therewith, to provide services
incident to the dissemination of information concerning its activi-
ties to such visitors, without charge or with a reasonable charge
therefor (with this authority being in addition to any other au-
thority which the Administration may have to provide facilities,
equipment, and services for visitors to its installations). A conces-
sion agreement under this paragraph may be negotiated with any
qualified proposer following due consideration of all proposals
received after reasonable public notice of the intention to con-
tract. The concessioner shall be afforded a reasonable opportunity
to make a profit commensurate with the capital invested and the
obligations assumed, and the consideration paid by him for the
concession shall be based on the probable value of such opportu-
nity and not on maximizing revenue to the United States. Each
concession agreement shall specify the manner in which the con-
cessioner's records are to be maintained, and shall provide for
access to any such records by the Administration and the Comp-
troller General of the United States for a period of five years after
the close of the business year to which such records relate. A con-
cessioner may be accorded a possessory interest, consisting of all
incidents of ownership except legal title (which shall vest in the
41
United States), in any structure, fixture, or improvement he con-
structs or locates upon land owned by the United States; and,
with the approval of the Administration, such possessory interest
may be assigned, transferred, encumbered, or relinquished by him,
and, unless otherwise provided by contract, shall not be extin-
guished by the expiration or other termination of the concession
and may not be taken for public use without just compensation;
(12) with the approval of the President, to enter into coopera-
tive agreements under which members of the Army, Navy, Air
Force, and Marine Corps may be detailed by the appropriate
Secretary for services in the performance of functions under this
Act to the same extent as that to which they might be lawfully
assigned in the Department of Defense;
(13) (A) to consider, ascertain, adjust, determine, settle, and
pay, on behalf of the United States, in full satisfaction thereof,
any claim for $5,000 or less against the United States for bodily
injury, death, or damage to or loss of real or personal property
resulting from the conduct of the Administration's functions as
specified in subsection (a) of this section, where such claim is
presented to the Administration in writing within two years after
the accident or Incident out of which the claim arises; and
(B) if the Administration considers that a claim in excess of
$5,000 is meritorious and would otherwise be covered by this
paragraph, to report the facts and circumstances thereof to the
Congress for its consideration; and
SECTION 3 OF THE NATIONAL SCIENCE FOUNDATION
ACT OF 1950
FUNCTIONS OF THE FOUNDATION
SEC. 3. (a) The Foundation is authorized and directed—
(1) to initiate and support basic scientific research and pro-
grams to strengthen scientific research potential and science educa-
tion programs at all levels in the mathematical, physical, medical,
biological, engineering, social, and other sciences, by making con-
tracts or other arrangements (including grants, loans, and other
forms of assistance) to support such scientific and educational
activities and to appraise the impact of research upon industrial
development and upon the general welfare;
(2) to award, as provided in section 10, scholarships and gradu-
ate fellowships in the mathematical, physical, medical, biological,
engineering, social, and other sciences;
(3) to foster the interchange of scientific information among
scientists in the United States and foreign countries;
(4) to foster and support the development and use of computer
and other scientific methods and technologies, primarily for re-
search and education in the sciences;
(5) to evaluate the status and needs of the various sciences
as evidenced by programs, projects, and studies undertaken by
agencies of the Federal Government, by individuals, and by public
and private research groups, employing by grant or contract such
42
consulting services as it may deem necessary for the purpose of
such evaluations; and to take into consideration the results of
such evaluations in correlating the research and educational pro-
grams undertaken or supported by the Foundation with programs
projects, and studies undertaken by agencies of the Federal Gov-
ernment, by individuals, and by public and private research
groups;
(6) to maintain a current register of scientific and technical
personnel, and in other ways to provide a central clearinghouse
for the collection, interpretation, and analysis of data on the avail-
ability of, and the current and projected need for, scientific and
technical resources in the United States, and to provide a source
of information for policy formulation by other agencies of the
Federal Government; and
(7) to initiate and maintain a program for the determination
of the total amount of money for scientific research, including
money allocated for the construction of the facilities wherein
such research is conducted, received by each educational institu-
tion and appropriate nonprofit organization in the United States,
by grant, contract, or other arrangement from agencies of the
Federal Government, and to report annually thereon to the Pres-
ident and the Congress.
(b) The Foundation is authorized to initiate and support specific
scientific activities in connection with matters relating to international
cooperation, national security, and the effects of scientific applications
upon society by making contracts or other arrangements (including
grants, loans, and other forms of assistance) for the conduct of such
activities. When initiated or supported pursuant to requests made by
any other Federal department or agency, including the Office of Tech-
nology Assessment, such activities shall be financed whenever feasible
from funds transferred to the Foundation by the requesting official as
provided in section 14 (g), and any such activities shall be unclassified
and shall be identified by the Foundation as being undertaken at the
request of the appropriate official.
(c) In addition to the authority contained in subsections (a) and
(b), the Foundation is authorized to initiate and support scientific
research, including applied research, at academic and other nonprofit
institutions. When SO directed by the President, the Foundation is
further authorized to support, through other appropriate organiza-
tions, applied scientific research relevant to national problems involv-
ing the public interest. In exercising the authority contained in this
subsection, the Foundation may employ by grant or contract such
consulting services as it deems necessary, and shall coordinate and
correlate its activities with respect to any such problem with other
agencies of the Federal Government undertaking similar programs
in that field.
(d) The Board and the Director shall recommend and encourage
the pursuit of national policies for the promotion of basic research
and education in the sciences.
(e) The Director shall initiate and support basic and applied re-
search relating to solar energy development, as provided in section 8
(b) of the Solar Heating and Cooling Demonstration Act of 1973.
43
[(e)] (f) In exercising the authority and discharging the functions
referred to in the foregoing subsections, it shall be one of the objectives
of the Foundation to strengthen research and education in the sciences,
including independent research by individuals, throughout the United
States, and to avoid undue concentration of such research and
education.
[(f)] (g) The Foundation shall render an annual report to the
President for submission on or before the 15th day of January of each
year to the Congress, summarizing the activities of the Foundation and
making such recommendations as it may deem appropriate. Such re-
port shall include information as to the acquisition and disposition by
the Foundation of any patents and patent rights.
93D CONGRESS
SENATE
REPORT
2d Session
No. 93-1083
SOLAR HEATING AND COOLING DEMONSTRATION
ACT OF 1974
AUGUST 12, 1974.-Ordered to be printed
Mr. Moss, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 11864]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 11864) to
provide for the early development and commercial demonstration of
the technology of solar heating and combined solar heating and cool-
ing systems, having met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate to the text of the bill, and agree to the same with an amend-
ment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
That this Act may be cited as the "Solar Heating and Cooling Dem-
onstration Act of 1974".
FINDINGS AND POLICY
SEC. 2. (a) The Congress hereby finds that-
(1) the current imbalance between supply and demand for fuels
and energy is likely to persist for some time;
(2) the early demonstration of the feasibility of using solar en-
ergy for the heating and cooling of buildings could help to relieve
the demand upon present fuel and energy supplies;
(3) the technologies for solar heating are close to the point of
commercial application in the United States;
(4) the technologies for combined solar heating and cooling still
require research, development, testing and demonstration, but no
insoluble technical problem is now foreseen in achieving commer-
cial use of such technologies;
FORD & LIBRAR G7UP
2
(5) the early development and export of viable solar heating
equipment and combined solar heating and cooling equipment,
consistent with the established preeminence of the United States
in the field of high technolyogy products, can make a valuable
contribution to our balance of trade;
(6) the widespread use of solar energy in place of conventional
methods for the heating and cooling of buildings would have a sig-
nificantly beneficial effect upon the environment;
(7) the mass production and use of solar heating and cooling
equipment will help to eliminate the dependence of the United
States upon foreign energy sources and promote the national
defense;
(8) the widespread introduction of low-cost solar energy will
be beneficial to consumers in a period of rapidly rising fuel cost;
(9) innovation and creativity in the development of solar heat-
ing and combined solar heating and cooling components and sys-
tems can be fostered through encouraging direct contact between
the manufacturers of such systems and the architects, engineers,
developers, contractors, and other persons interested in installing
such systems in buildings;
(10) evaluation of the performance and reliability of solar
heating and combined solar heating and cooling technologies can
be expedited by testing under carefully controlled conditions; and
(11) commercial application of solar heating and combined
solar heating and cooling technologies can be expedited by early
commercial demonstration under practical conditions.
(b) It is therefore declared to be the policy of the United States and
the purpose of this Act to provide for the demonstration within a
three-year period of the practical use of solar heating technology, and
to provide for the development and demonstration within a five-year
period of the practical use of combined heating and cooling technology.
DEFINITIONS
SEC. 3. For purposes of this Act-
(1) the term "solar heating", with respect to any building,
means the use of solar energy to meet such portion of the total
heating needs of such building (including hot water), or such
portion of the needs of such building for hot water (where its re-
maining heating needs are met by other methods), as may be re-
quired under performance criteria prescribed by the Secretary of
Housing and Urban Development utilizing the services of the Di-
rector of the National Bureau of Standards. and in consultation
with the Director of the National Science Foundation, and the
Administrator of the National Aeronautics and Space Adminis-
tration;
(2) the terms "solar heating and cooling" and "combined solar
heating and cooling", with respect to any building, mean the use
of solar energy to provide both such portion of the total heating
needs of such building (including hot water) and such portion of
the total cooling needs of such building, or such portion of the
needs of such building for hot water (where its remaining heating
needs are met by other methods) and such portion of the total
3
cooling needs of a building, as may be required under perform-
ance criteria prescribed by the Secretary of Housing and Urban
Development utilizing the services of the Director of the National
Bureau of Standards, and in consultation with the Director of the
National Science Foundation, and the Administrator of the Na-
tional Aeronautics and Space Administration, and such term
includes cooling by means of nocturnal heat radiation, by evap-
oration, or by other methods of meeting peakload energy require-
ments at nonpeakload times;
(3) the term "residential dwellings" includes previously oc-
cupied and new single family and multifamily dwellings, mobile
homes, and publicly assisted housing owned by a private sponsor
or a State or local housing authority not covered by section 17;
(4) the term "Administrator" means the Administrator of the
National Aeronautics and Space Administration;
(5) the term "Secretary" means the Secretary of Housing and
Urban Development; and
(6) the term "Director" means the Director of the National
Science Foundation.
CONDUCT OF ACTIVITIES IN SOLAR HEATING AND COOLING TECHNOLOGIES BY
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SEC. 4. Section 203 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2473) is amended by redesignating subsection (b) as
subsection (c), and by inserting immediately after subsection (a) the
following new subsection:
(b) The Administration shall initiate, support, and carry out such
research, development, demonstrations, and other related activities in
solar heating and cooling technologies (to the extent that funds are ap-
propriated therefor) as are provided for in sections 5, 6, and 9 of the
Solar Heating and Cooling Demonstration Act of 1974.".
DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING SYSTEMS TO BE
USED IN RESIDENTIAL DWELLINGS
SEC. 5. (a) The Administrator and the Secretary shall promptly
initiate and carry out a program, as provided in this section, for the
development and demonstration of solar heating systems (including
collectors, controls, and thermal storage) for use in residential
dwellings.
(b) (1) Within 120 days after the date of the enactment of this Act,
the Secretary, utilizing the services of the Director of the National
Bureau of Standards and in consultation with the Administrator and
the Director, shall determine, prescribe, and publish-
(A) interim performance criteria for solar heating components
and systems to be used in residential dwellings, and
(B) interim performance criteria (relating to suitability for
solar heating) for such dwellings themselves,
taking into account in each instance climatic variations existing be-
tween different geographic areas.
(2) As soon as possible after the publication of the performance
criteria prescribed under paragraph (1), the Secretary, in consulta-
tion with the Director of the National Bureau of Standards and the
4
Administrator, will select on the basis of open competition a number
of designs for various types of residential dwellings suitable for and
adapted to the installation of solar heating systems meeting the per-
formance criteria prescribed under paragraph (1) (A).
(c) The Administrator, in accordance with the applicable provi-
sions of title II of the National Aeronautics and Space Act of 1958
and under program guidelines established jointly by the Administra-
tor and the Secretary, shall, after consultation with the Secretary-
(1) enter into such contracts and grants as may be necessary
or appropriate for the development (for commercial production
and residential use) of solar heating systems meeting the perform-
ance criteria prescribed under subsection (b) (1) (A) (including
any further planning and design which may be required to con-
form with the specifications set forth in such criteria) ; and
(2) enter into contracts with a number of persons or firms for
the procurement of solar heating components and systems meeting
such performance criteria (including adequate numbers of spare
and replacement parts for such systems).
(d) The Secretary shall (1) arrange for the installation of solar
heating systems procured by the Administrator under subsection (c)
(2) in a substantial number of residential dwellings and (2) provide
for the satisfactory operation of such installations during the demon-
stration period. Title to and ownership of any dwellings constructed
hereunder and of solar heating systems installed hereunder may
be conveyed to purchasers or owners of such dwellings under terms
and conditions prescribed by the Secretary, including an express
agreement that any such purchaser or owner shall, in such manner and
form and on such terms and conditions as the Secretary may prescribe,
observe and monitor (or permit the Secretary to observe and monitor)
the performance and operation of such system for a period of five years,
and that such purchaser or owner (including any subsequent owner
and occupant of the property who also makes such an agreement) shall
regularly furnish the Secretary with such reports thereon as the agree-
ment may require.
(e) The Secretary of Defense shall arrange for the installation of
solar heating systems procured by the Administrator under subsection
(c) (2) in a substantial number of residential dwellings which are lo-
cated on Federal or federally administered property where the per-
formance and operation of such systems can be regularly and effec-
tirely observed and monitored by designated Federal personnel.
(f) The Secretary and the Secretary of Defense, and officials re-
sponsible for administering Federal or federally administered prop-
erty, shall coordinate their activities under this section to assure that
solar heating systems are installed in a substantial number of resi-
dential dwellings and in a sufficient number of different geographic
areas under varying climatic conditions to constitute a realistic and
effective demonstration in support of the objectives of this Act.
DEVELOPMENT AND DEMONSTRATION OF COMBINED SOLAR HEATING AND
COOLING SYSTEMS TO BE USED IN RESIDENTIAL DWELLINGS
SEC. 6. (a) The Administrator and the Secretary shall promptly
initiate and carry out a program, as provided in this section, for the
5
development and demonstration of combined solar heating and cool-
ing systems (including collectors, controls, and thermal storage) for
use in residential dwellings.
(b) (1) As soon as possible after the date of the enactment of this
Act, the Secretary, utilizing the services of the Director of the National
Bureau of Standards und in consultation with the Administrator and
the Director, shall determine, prescribe, and publish-
(A) interim performance criteria for combined solar heating
and cooling components and systems to be used in residential
dwellings, and
(B) interim performance criteria (relating to suitability for
solar heating and cooling) for such dwellings themselves,
taking into account in each instance climatic variations existing be-
tween different geographic areas.
(2) As soon as possible after the publication of the performance
criteria prescribed under paragraph (1) (and if possible before the
completion of the research and development provided for in subsection
(c) the Secretary, in consultation with the Director of the National
Bureau of Standards and the Administrator, will select on the basis
of open competition a number of designs for various types of residen-
tial dwellings suitable for and adapted to the installation of combined
solar heating and cooling systems meeting the performance criteria
prescribed under paragraph (1) (A).
(c) During the period immediately following the publication of
performance criteria under subsection (b) (1), the Administrator, in
coordination with the Director, shall undertake and conduct with re-
spect to solar heating and cooling a program of research, development,
and testing designed to provide the additional technological resources
necessary for the development and commercial application of com-
bined solar heating and cooling systems as contemplated by the pro-
gram under this section.
(d) The Administrator, in accordance with the applicable provisions
of title II of the National Aeronautics and Space Act of 1958 and
under program guidelines established jointly by the Administrator and
the Secretary, and at the earliest possible time during or immediately
after the period specified in subsection (c), shall, after consultation
with the Secretary-
(1) enter into such contracts and grants as may be necessary or
appropriate for the development (for commercial production and
residential use) of combined solar heating and cooling systems
meeting the performance criteria prescribed under subsection (b)
(1) (A) (including any further planning and design which may
be required to conform with the specifications set forth in such
criteria or to reflect the results of the activities conducted under
subsection (c)) ; and
(2) enter into contracts with a number of persons or firms for
the procurement of combined solar heating and cooling systems
meeting such performance criteria (including adequate numbers
of spare and replacement parts for such systems).
(e) The Secretary shall (1) arrange for the installation of com-
bined solar heating and cooling systems procured by the Administra-
tor under subsection (d) (2) in a substantial number of residential
6
dwellings and (2) provide for the satisfactory operation of such in-
stallations during the demonstration period. Title to and ownership
of any dwellings constructed hereunder and of combined solar heating
and cooling systems installed hereunder may be conveyed to purchas-
ers or owners of such dwellings under terms and conditions prescribed
by the Secretary, including an express agreement that any such pur-
chaser or owner shall, in such manner and form and on such terms and
conditions as the Secretary may prescribe, observe and monitor (or
permit the Secretary to observe and monitor) the performance and
operation of such system for a period of five years, and that such pur-
chaser or owner (including any subsequent owner and occupant of the
property who also makes such an agreement) shall regularly furnish
the Secretary with such reports thereon as the agreement may require.
(f) The Secretary of Defense shall arrange for the installation of
combined solar heating and cooling systems procured by the Adminis-
trator under subsection (d) (2) in a substantial number of residential
dwellings which are located on Federal or federally administered
property where the performance and operation of such systems can be
regularly and effectively observed and monitored by designated Fed-
eral personnel.
(g) The Secretary and the Secretary of Defense, and officials re-
sponsible for administering Federal or federally administered prop-
erty, shall coordinate their activities under this section to assure that
combined solar heating and cooling systems are installed in a sub-
stantial number of residential dwellings and in a sufficient number of
geographic areas under varying climatic conditions to constitute a
realistic and effective demonstration in support of the objectives of
this Act.
COMPREHENSIVE PROGRAM DEFINITION
SEC. 7. (a) The Administrator and the Secretary are authorized and
directed to prepare a comprehensive plan for the conduct of the devel-
opment and demonstration activities under sections 5 and 6. In the
preparation of such plan, the Administrator and Secretary shall con-
sult with the Director of the National Bureau of Standards, the Direc-
tor, the Secretary of Defense, and other Federal agencies and private
organizations as appropriate.
(b) The Administrator and the Secretary shall transmit such com-
prehensive program plan to the President and to each House of the
Congress. The plan shall be transmitted within 120 days after the date
of the enactment of this Act.
TEST PROCEDURES AND DEFINITIVE PERFORMANCE CRITERIA
SEC. 8. A8 soon as feasible, and utilizing data available from the
demonstration programs under sections 5 and 6, the Secretary, utiliz-
ing the services of the Director of the National Bureau of Standards
and in consultation with the Administrator and the Director shall
determine, prescribe, and publish in the Federal Register in accord-
ance with the applicable provisions regarding rulemaking prescribed
by section 553 of title 5, United States Code-
(1) definitive performance criteria for solar heating and com-
bined solar heating and cooling components and systems to be
7
used in residential dwellings, taking into account climatic vari-
ations existing between different geographic areas;
(2) definitive performance criteria (relating to suitability
for solar heating and for combined solar heating and cooling)
for such dwellings, taking into account climatic variations exist-
ing between different geographic areas; and
(3) procedures whereby manufacturers of solar heating and
combined solar heating and cooling components and systems
shall have their products tested in order to provide certification
that such products conform to the performance criteria estab-
lished under paragraph (1).
DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING AND COMBINED
SOLAR HEATING AND COOLING SYSTEMS FOR COMMERCIAL BUILDINGS
SEC. 9. The Administrator, in consultation with the Secretary, the
Director, the Administrator of General Services, and the Director of
the National Bureau of Standards and concurrently with the conduct
of the programs under sections 5 and 6, shall enter into arrangements
with appropriate Federal agencies to carry out such projects and
activities (including demonstration projects) with respect to apart-
ment buildings. office buildings, factories, crop-drying facilities and
other agricultural structures, public buildings (including schools and
colleges), and other non-residential, commercial, or industrial build-
ings, taking into account the special needs of and individual differ-
ences in such buildings based upon size, function, and other relevant
factors, as may be appropriate for the early development and demon-
stration of solar heating and combined solar heating and cooling sys-
tems suitable and effective for use in such buildings.
SOLAR HEATING AND COOLING RESEARCH BY NATIONAL SCIENCE
FOUNDATION
SEC. 10. (a) The Director shall conduct a program of applied re-
search relevant to (1) the improvement of solar heating components
and systems and (2) the development and commercial application of
combined solar heating and cooling components and systems as con-
templated by the programs under this Act.
(b) The Director shall apprise the Secretary and the Administra-
tor on a continuing basis of the results of the programs being con-
ducted in accordance with subsection (a), and the Secretary and the
Administrator shall insure that such results, where appropriate, are
incorporated into the development and demonstration programs estab-
lished by this Act.
COORDINATION, MONITORING, AND LIAISON
SEC. 11. (a) The Secretary, utilizing the services of the Director of
the National Bureau of Standards and in coordination with such other
Government agencies as may be appropriate, shall-
(1) monitor the performance and operation of solar heating
and combined solar heating and cooling systems installed in resr-
dential dwellings under this Act;
(2) collect and evaluate data and information on the perform-
ance and operation of solar heating and combined solar heating
8
and cooling systems installed in residential dwellings under this
Act; and
(3) from time to time, carry out such studies and investigations
and take such other actions, including the submission of special
reports to the Congress when appropriate, as may be necessary to
assure that the programs for which the Secretary is responsible
under this Act effectively carry out the policy of this Act.
(b) In the development of the performance criteria and test pro-
cedures required under sections 5, 6, and 8, the Secretary shall work
closely with the appropriate scientific, technical, and professional
societies and industry representatives to insure the best possible use of
available expertise in this area.
(c) The Secretary shall also maintain continuing liaison with the
building industry and related industries and interests. and with the
scientific and technical community during and after the period of the
programs carried out under this Act, in order to assure that the pro-
jected benefits of such programs are and will continue to be realized.
DISSEMINATION OF INFORMATION AND OTHER ACTIONS TO PROMOTE PRACTI-
CAL USE OF SOLAR HEATING AND COOLING TECHNOLOGIES
SEC. 12. (a) The Secretary shall take all possible steps to assure that
full and complete information with respect to the demonstrations and
other activities conducted under this Act is made available to Federal,
State, and local authorities, the building industry and related seg-
ments of the economy. the scientific and technical community, and the
public at large. both during and after the close of the programs under
this Act, with the objective of promoting and facilitating to the maxi-
mum extent feasible the early and widespread practical use of solar
energy for the heating and cooling of buildings throughout the United
States. In accordance with regulations prescribed under section 16
such information shall be disseminated on a coordinated basis by the
Secretary, the Administrator, the Director of the National Bureau of
Standards, the Director. the Commissioner of the Patent Office, and
other appropriate Federal offices and agencies.
(b) In addition. the Secretary shall-
(1) study and investigate the effect of building codes, zoning
ordinances, tax regulations, and other laws, codes. ordinances, and
practices upon the practical use of solar energy for the heating
and cooling of buildings;
(2) determine the extent to which such laws. codes, ordinances,
and practices should be changed to permit or facilitate such use.
and the methods by which any such changes may best be brought
about; and
(3) study the necessity of a program of incentives to accelerate
the commercial application of solar heating and cooling tech-
nology.
(c) (1) In carrying out his functions under subsections (a) and (b)
the Secretary. utilizing the capabilities of the National Aeronautics
and Space Administration. the Department of Commerce. and the
National Science Foundation to the maximum extent possible. shall
establish and onerate a Solar Heating and Cooling Information Data
Bank (hereinafter in this subsection referred to as the "bank") for
9
the purpose of collecting, reviewing, processing, and disseminating
solar heating and cooling information and data in a timely and accur-
ate manner in support of the objectives of this Act.
(2) Information and data compiled in the bank shall include-
(A) technical information (including reports, journal articles,
dissertations, monographs, and project descriptions) on solar
energy research, development, and applications;
(B) technical information on the design, construction, and
maintenance of buildings compatible with solar heating and cool-
ing concepts;
(C) physical and chemical properties of the materials required
for solar heating and cooling;
(D) climatic conditions in appropriate areas of the United
States, including those areas where the demonstrations are to be
located; and
(E) engineering performance of devices utilized in solar heat-
ing and cooling or to be employed in the demonstrations.
(3) In accordance with regulations prescribed under section 16, the
Secretary shall provide retrieval and dissemination services to cover
the solar heating and cooling information described under paragraph
(2) for-
(A) Federal, State, and local government organizations that
are active in the area of energy resources (and their contractors) ;
(B) universities, colleges, and other nonprofit organizations;
and
(C) private persons, upon request, in appropriate cases.
(4) In carrying out his functions under this subsection, the Secre-
tary shall utilize, when feasible, the existing data base of scientific
and technical information in Federal agencies, adding to such data
base any information described in paragraph (2) which does not al-
ready reside in such base.
(d) Each Federal officer and agency having functions under this
Act shall include in his or its annual report to the President and the
Congress a full and complete description of his or its activities (cur-
rent and projected) under this Act, along with his or its recommenda-
tions for legislative, administrative, or other action to improve the
programs under this Act or to achieve the objectives of this Act more
promptly and effectively. In addition, the Secretary shall submit
annually to the President and the Congress a special report summariz-
ing in appropriate detail all of the activities (current and projected)
of the various Federal officers and agencies having functions under
this Act, with the objective of presenting a comprehensive overall
view of such programs.
LIMITATIONS ON FEDERALLY ASSISTED OR FEDERALLY CONSTRUCTED
HOUSING
SEC. 13. (a) (1) In determining the maximum dollar amount of
any federally assisted mortgage loan (as defined in subsection (b))
or the maximum per unit or other cost or floor area limitation of any
federally constructed housing (as defined in subsection (c)) where
the law establishing the program under which the loan is made or
the housing is constructed specifies such maximum per unit or other
S. Rept. 93 0-1083-2
10
cost on floor area limitation and the structure involved is furnished
with solar heating or combined solar heating and cooling equipment
under the demonstration program established by section 5, 6, or 9,
the maximum amount or cost or floor area limitation so specified
which is applicable to such structure shall be deemed to be increased
by the amount by which (as determined by the Secretary or the Secre-
tary of Defense, as appropriate) the price or cost or floor area limi-
tation of the structure including such solar heating or combined solar
heating and cooling equipment exceeds the price or cost or floor area
limitation of the structure with such equipment replaced by conven-
tional heating equipment or conventional heating and cooling equip-
ment (as the case may be).
(2) In addition, in the case of a federally assisted mortgage loan,
the cost excess specified in subsection (a) shall be fully taken into
account in determining the value or cost of the structure involved for
purposes of applying any statutory provision specifying the maximum
loan-to-value or -cost ratio; except that, if the law specifies different
rates of downpayment for successive increments of such value or cost,
the lowest such rate shall apply to the additional cost attributable to
the solar heating or combined solar heating and cooling equipment,
and such equipment shall otherwise be excluded in determining the
total value or cost of the structure.
(b) As used in subsection (a), the term "mortgage loan" means a
loan which is made to finance the purchase or construction of a resi-
dence or any other building or structure; and the term "federally as-
sisted mortgage loan" means a mortgage loan which-
(1) is made in whole or in part by any lender the deposits or
accounts of which are insured by any agency of the Federal Gov-
ernment, or is made in whole or in part by any lender which is it-
self regulated by any agency of the Federal Government; or
(2) is made in whole or in part. or insured, guaranteed, supple-
mented, or assisted in any way, by the Secretary or any other
officer or agency of the Federal Government or under or in con-
nection with a housing, urban development, or related program
administered by the Secretary or a housing or related program
administered by any other such officer or agency; or
(3) is eligible for purchase by the Federal National Mortgage
Association. the Government National Mortgage Association, or
the Federal Home Loan Mortgage Corporation, or from any fi-
nancial institution from which it could be purchased by the Fed-
eral Home Loan Mortgage Corporation; or
(4) is made in whole or in part by any "creditor," as defined in
section 103(f) of the Consumer Credit Protection Act of 1968
(15 U.S.C. 1602(f)), who makes or invests in residential real
estate loans aggregating more than $1,000.000 per year.
(c) As used in subsection (a), the term "federally constructed hous-
ing" means (1) residential or multifamily housing which is con-
structed by agencies of the Federal Government to provide dwelling
accommodations for particular types or classes of persons under pro-
grams administered by such Federal agencies (including all housing
constructed by the Department of Defense to provide dwelling accom-
modations for personnel of the armed services or for such personnel
11
and their families), and (2) residential or multifamily housing which
is constructed by agencies of State or local government, with financial
assistance in any form from the Federal Government, to provide dwell-
ing accommodations for particular types or classes of persons under
programs administered by such State or local agencies.
ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS
SEC. 14. In carrying out their functions under this Act, all Federal
officers and agencies shall take steps to assure that small business con-
cerns will have realistic and adequate opportunities to participate in
the programs under thi Act to the maximum extent possible.
PRIORITIES
SEC. 15. The Secretary shall set priorities as far as possible consistent
with the intent and operation of this Act in accordance with the follow-
ing criteria:
(a) The residential dwellings and other buildings which will be
part of the demonstration programs referred to in sections 5, 6, and 9
shall be located in a sufficient number of different geographic areas in
the United States to assure a realistic and effective demonstration of
the solar heating systems and combined solar heating and cooling sys-
tems involved, and of the dwellings and other buildings themselves,
in both rural and urban locations and under climatic conditions which
vary as much as possible.
(b) Consideration shall be given to projected costs of commercial
production and maintenance of the solar heating systems and combined
solar heating and cooling systems utilized in the demonstration
program".
(c) Encouragement should be given in the conduct of programs
under this Act to those projects in which funds, appropriated by any
State or political subdivision thereof for the purpose of sharing costs
with the Federal Government for the purchase and installation of solar
heating or combined solar heating and cooling componente and sys-
tems, are committed before or after the date of the enactment of this
Act.
REGULATIONS
SEC. 16. The Administrator and the Secretary in consultation with
the Director of the National Bureau of Standards, the Director, the
Administrator of the General Services Administration, the Secretary
of Defense, and other appropriate officers and agencies, shall prescribe
such regulations as mau be necessary or appropriate to carry out this
Act promptly and efficiently. Each such officer or agency, in consulta-
tion with the Administrator and the Secretary, may prescribe such
regulations as may be necessary or appropriate to carry out his or its
particular functions under this Act promptly and efficiently.
USE OF PUBLICLY ASSISTED HOUSING
SEC. 17. The Secretary shall make appropriate use of publicly as-
sisted housing and particularly low-rent housing assisted under the
United States Housing Act of 1937 in demonstrating solar heating
12
systems and combined solar heating and cooling :ystems under this
Act.
TRANSFER OF FUNCTIONS
SEC. 18. Within sixty days after the effective date of the law creat-
ing the Energy Research and Development Administration or any
other law creating a permanent Federal organization or agency having
jurisdiction over the energy research and development functions of the
United States (or within sixty days after the enactment of this Act if
the effective date of such law occurs prior to the enactment of this Act),
the energy research and development functions vested in the National
Aeronautics and Space Administration and the National Science Foun-
dation under this Act and any funds which may have been appropri-
ated pursuant to section 19 of this Act, to the extent necessary or
appropriate, may, in accordance with regulations prescribed by the
Office of Management and Budget, be transferred to and vested in the
Energy Research and Development Administration or such other or-
ganization or agency.
AUTHORIZATION OF APPROPRIATIONS
SEC. 19. (a) There is hereby authorized to be appropriated to the
National Aeronautics and Space Administration for the fiscal year
ending June 30, 1975, $5,000,000, to remain available until expended,
to carry out the functions vested in the Administrator by this Act.
(b) There is hereby authorized to be appropriated to the Depart-
ment of Housing and Urban Development for the fiscal year ending
June 30, 1975, $5,000,000, to remain available until expended. Any
sums so appropriated shall be available (1) to carry out the functions
vested in the Secretary of Housing and Urban Development by this
Act, and (2) for transfer to the Department of Defense, the Na-
tional Bureau of Standards. and the General Services Administration
to enable them to carry out their respective functions under this Act.
(c) There is hereby authorized to be appropriated for the fiscal years
ending June 30, 1976, 1977, 1978, and 1979, $50,000,000 in the aggregate
to carry out the programs established by this Act.
And the Senate agree to the same.
That the House recede from its disagreement to the amendment of
the Senate to the title of the bill and agree to the same with an amend-
ment as follows:
13
In lieu of the matter proposed to be inserted by the amendment of
the Senate to the title of the bill, insert the following: "An Act to pro-
vide for the early development and commercial demonstration of the
technology of solar heating and combined solar heating and cooling
systems."
And the Senate agree to the same.
FRANK E. Moss,
EDWARD M. KENNEDY,
ALAN CRANSTON,
JOHNV. TUNNEY,
FLOYD K. HASKELL,
BARRY GOLDWATER,
PETER H. DOMINICK,
LOWELL P. WEICKER, Jr.,
PAUL J. FANNIN,
Managers on the Part of the Senate.
OLIN E. TEAGUE,
MIKE McCormack,
DON Fuqua,
JAMES W. SYMINGTON,
CHARLES A. MOSHER,
BARRY GOLDWATER, Jr.,
JOHN WYDLER,
Managers on the Part of the House.
JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the confer-
ence on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 11864) to provide for the early develop-
ment and demonstration of the technology of solar heating and cooling
and combined solar heating and cooling systems submit the following
joint statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and recommended
in the accompanying conference report:
SECTION 1. SHORT TITLE
The House bill and the Senate amendment agree that this Act may
be cited as the "Solar Heating and Cooling Demonstration Act of
1974".
SECTION 2. FINDING AND POLICY
Subsection (a) Findings.-The House bill contained eight findings.
The Senate amendment included three additional findings: that wide-
spread introduction of low-cost solar energy would be beneficial to
consumers, that development of solar heating and cooling systems
would be fostered by direct contact with manufacturers, architects,
engineers, developers and other interested persons, and that evalua-
tion of the performance and reliability of solar systems would be ex-
pedited by carefully controlled testing.
The conference substitute adopts the Senate amendment deleting
reference to prototype consistent with other provisions of the bill.
Subsection (3) Policy.-The House bill declared it to be the policy
of the United States to provide for a demonstration of solar heating
technology using current technology and for the development and
demonstration of combined heating and cooling technology. The Sen-
ate amendment provided for the earliest possible demonstration of
solar heating and cooling technologies. Both bills specified identical
time periods.
The conference substitute deletes the House reference to the use of
"current technology" SO as not to inhibit the application of technology
advancements, and deletes the Senate reference to "earliest possible"
as redundant in view of the time frames set forth.
SECTION 3. DEFINITIONS
The House bill provided definitions of "solar heating", "solar heat-
ing and cooling", and "residential dwellings". The Senate amendment
added the definitions of "Administrator", "Secretary", and "Director"
for the Administrator of the National Aeronautics and Space Admin-
istration (NASA), the Secretary of Housing and Urban Development
(15)
16
(HUD), and the Director of the National Science Foundation (NSF),
respectively; expanded the definition of residential dwellings to in-
clude previously occupied and new single family and multifamily
dwellings and publicly-assisted housing owned by a private sponsor
or a state or local housing authority; and substituted the Secretary
of HUD for the Secretary of Commerce as responsible for prescribing
performance criteria and specified consultation with the Director and
the Administrator in the development of such criteria consistent with
responsibility assignments in the Senate amendment.
The conference substitute adopts the substance of the Senate amend-
ment specifying. however, that the services of the National Bureau
of Standards (NBS) are to be utilized in the development of perform-
ance criteria conforming with other sections of the bill.
The conferees agree that the phrase "not covered by Section 17" in
the definition of residential dwellings in no way contravenes the intent
of Section 17 regarding appropriate use of public housing.
SECTION 4. CONDUCT OF ACTIVITIES IN SOLAR HEATING AND COOL-
ING TECHNOLOGIES BY NATIONAL AERONAUTICS AND SPACE AD-
MINISTRATION
The House bill provided for amending the National Aeronautics
and Space Act of 1958 specifically authorizing NASA to carry out
basic and applied research, development, demonstrations and other
activities in solar heating and cooling technologies. No similar pro-
vision was included in the Senate amendment.
The conference substitute adopts the House provision deleting the
words "basic and applied" and substituting the word "such" in lieu
thereof with respect to research activities, and deleting the words "in-
cluding" and "activities" to define the work to be undertaken by
NASA as provided for in Sections 5, 6, and 9 of this Act.
SECTION 5. DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING
SYTEM To BE USED IN RESIDENTIAL DWELLINGS
The House bill provided for the Administrator of NASA, in con-
sultation with the Secretary of HUD, to carry out a program for the
development and demonstration of solar heating systems for residen-
tial dwellings; for determination and publication by the Secretary of
Commerce, in consultation with NASA and HUD, within 120 days, of
performance criteria for such systems and for dwellings utilizing such
systems, for selection by the Secretary of Commerce in consultation
with the Administrator and the Secretary of HUD a number of de-
signs of dwellings meeting the criteria and suitable for the installation
of solar heating systems; for the Administrator to contract for the
development, manufacture and production of solar heating systems
and for the installation of such systems in conjunction with and under
arrangements made by the Secretary of Defense on Federal properties
and in conjunction with the Secretary of HUD in privately-owned
and operated dwellings. The House bill proposed installations "in sub-
stantial numbers of residential dwellings" to be defined administra-
tively, but specifying that one thousand or more installations would in
any case meet the requirement for each of the two categories of the
17
residential dwelling demonstration. The House bill provided for moni-
toring and liaison activities. The Senate amendment provided for a
joint program to be carried out by the Administrator of NASA and
the Secretary of HUD with the Secretary, in consultation with the
Director of NBS, the Director of the National Science Foundation
and the Administrator, to determine and publish performance criteria
for solar heating components and systems, for solar heated dwellings,
and for test procedures for solar heating components and systems and
to conduct a competition and select a number of solar systems and
dwelling designs utilizing such systems. The Administrator was re-
sponsible for contracting for development, as necessary, and procure-
ment of such systems, in accordance with guidelines established by the
Secretary, and the Secretary would contract for design integration
and construction of prototype dwellings and the installation of solar
heating systems procured by NASA. The Secretary of Defense would
contract for construction of and installation of such systems in mili-
tary residential dwellings. The Senate amendment, in Section 7, pro-
vided for large scale demonstrations in addition to the prototype
demonstrations, and as a part of such large scale demonstration pro-
vided that the Secretary was authorized to establish procedures
whereby any person wishing to install solar heating components and
systems could receive up to 75% of the purchase and installation costs
of such components and systems. The Senate amendment required
working closely with appropriate technical societies and industry
representatives.
The conference substitute provides for a joint-fully-integrated pro-
gram to be carried out by the Administrator of NASA and the
Secretary of HUD. The Secretary is responsible for the determination
and publication, utilizing the services of the Director of NBS, within
120 days, of interim performance criteria for solar heating compo-
nents and systems and for dwellings utilizing such systems, and for
the selection, in consultation with the Director of NBS, of a number
of designs of residential dwellings meeting the performance criteria
and suitable for the installation of solar heating systems. The substi-
tute also provides that the Administrator, in accordance with guide-
lines established jointly with and after full consultation with the
Secretary, will contract for the development and procurement of solar
heating components and sytsems. Subsequent to such activity, the
Secretary shall arrange for the installation of such systems in a sub-
stantial number of residential dwellings. The conference substitute
similarly provides for installation of systems procured by the Admin-
istrator on Federal or federally-administered property. The installa-
tion activities of the Secretary and the Secretary of Defense are to be
fully coordinated to provide a realistic and effective demonstration.
SECTION 6. DEVELOPMENT AND DEMONSTRATION OF COMBINED SOLAR
HEATING AND COOLING SYSTEMS To BE USED IN RESIDENTIAL
DWELLINGS
The House bill provided for a program for the development and
demonstration of combined solar heating and cooling systems for
use in residential dwellings identical to the program for solar heat-
ing except that no time was established for the determination and
18
publication of performance criteria and a subsection was included
directing NASA to undertake to provide the additional technolgy
necessary for combined heating and cooling systems. The Senate
amendment also provided for a program identical to its solar heating
program for the development and demonstration of combined solar
heating and cooling, with the sale exceptions. The Senate amendment,
however, with respect to additional technology, directed NASA to
undertake "development and testing" while the House bill specified
"research, development, testing and demonstration."
The conference substitute for this Section adopts the provisions of
the conference substitute for Section 5 except that more time is per-
mitted for the publication of performance criteria and subsection
(c) is added providing for the conduct of a program of research,
development and testing by the Administrator, in coordination with
the Director of NSF, to provide the additional technology for com-
bined solar heating and cooling systems.
SECTION 7. COMPREHENSIVE PROGRAM DEFINITION
The House bill, in Sections 5 and 6, proposed installations "in sub-
stantial numbers of residential dwellings" to be defined administra-
tively, but specifying that one thousand or more installations would
in any case meet the requirement for each of the four categories of
the residential dwelling demonstration. The Senate amendment, in
Sections 4 and 5, authorized the construction of prototype dwellings
and in Section 7, authorized the Secretary of HUD to undertake
large-scale demonstrations including the establishment of procedures
whereby persons could obtain up to 75% of the purchase and installa-
tion costs of solar heating and combined solar heating and cooling
components and systems.
The conference substitute, in Sections 5 and 6, adopts programs
for the demonstration of solar heating and combined solar heating
and cooling technology, respectively. The Committee of Conference
also adopts a new section requiring the joint submission by the
Administrator and the Secretary of a comprehensive program plan
for implementing and carrying out the programs anticipated by
Sections 5 and 6.
The conferees agree that complete and continuous coordination must
be effected by all agencies with responsibilities under this act, and that
the solar heating and cooling equipment is developed in a manner
which ensures appropriate consideration is given to factors such as
cost, commercial marketability, aesthetics, design integration, and con-
sumer preferences.
The conferees agree that it is the intent to have a wide variety of
concepts and systems investigated and demonstrated under this pro-
gram, and that nothing in this act should preclude the use of "package"
systems for heating equipment which include a' dwelling design that
incorporates a specific solar system.
The conferees agree that in carrying out those functions NASA
shall give small businesses engaged in solar heating and cooling de-
velopmental activities full opportunity to participate in the program
authorized by this Act and that innovation and, development work
accomplished by such firms shall be utilized in the program to the
maximum extent feasible.
19
The conferees agree that the requirement in Section 5 (d) and Sec-
tion 6 (e) that the Secretary install only those units procured by NASA
does not preclude HUD from procuring and installing and/or-other-
wise conducting solar heating and cooling demonstration activties
under other legislative authority available to HUD.
The conferees agree that "in a substantial number" means that num-
ber of demonstations utilizing a variety of systems and approaches in
a number of diverse geographic areas sufficient to provide realistic per-
formance data to achieve the objectives of the act. Furthermore, the
equipment is not to be "one of a kind", but is to be replicated in ade-
quate numbers SO that data can be generated on manufacturing meth-
ods and costs. This does not mean that the manufacturing methods used
to produce equipment for this demonstration program have to be those
which will necessarily be associated with large-scale production for
the commercial market. The conferees further agree, however, that a
massive program is not required. What is necessary is a program that
is adequate to assure sufficient numbers of demonstration units, but at
the same time to avoid the risk of mass failures which could cause a
serious setback to the acceptance of solar energy systems.
SECTION 8. TEST PROCEDURES AND DEFINITIVE PERFORMANCE CRITERIA
The House bill, in Section 5, provided for the determination and
publication, within 120 days, of performance criteria for solar heating
equipment and systems and dwellings using such systems, and for
similar action, in Section 6, with respect to combined solar heating and
cooling activities as soon as possible. The Senate amendment, in Sec-
tion 4, provided for the determination and publication of performance
criteria, within nine months, for solar heating components and sys-
tems, dwellings utilizing such systems, and test procedures for such
systems, and for similar action, in Section 5, with respect to combined
solar heating and cooling activities as soon as possible.
The Conference substitute adopts, in Sections 5 and 6, the concept of
interim criteria to serve the immediate need of the controlled NASA-
HUD program. The Committee of Conference also adopts Section 8
providing for the establishment of test procedures and definitive per-
formance criteria for general use utilizing the experience and data
from the initial phases of the controlled program to assure the ade-
quacy of such procedures and criteria.
SECTION 9. DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING AND
COMBINED SOLAR HEATING AND COOLING SYSTEMS FOR COMMERCIAL
BUILDINGS
The House bill provided for a joint program, by the Administrator
of NASA and the Secretary of HUD, for the development of solar
heating and cooling systems for commercial buildings including apart-
ment buildings, office buildings, factories, agricultural structures, and
other facilities. The Senate amendment provided for the conduct of
such a program, excluding apartment buildings, by the Administrator
of NASA in consultation with the heads of other federal agencies.
The conference substitute adopts the Senate amendment with an
amendment including high-rise apartment buildings as a development
20
and demonstration activity that may be addressed under this section
in lieu of inclusion solely in Sections 5 and 6 as multifamily dwellings.
The conferees agree that multifamily housing may involve high-rise
apartment buildings, as well as low-rise garden apartments and simi-
lar structures, and further recognize that solar heating and cooling
system requirements of high-rise buildings may have more common-
ality to commercial structures than to single family dwellings. There-
fore, the Conferees agree that the Administrator and the Secretary,
in developing the program plan, can organize the activities involving
apartment buildings and assign responsibilities therefor in a manner
best suited to expeditiously and efficiently achieving the objectives of
the Act.
SECTION 10. SOLAR HEATING AND COOLING RESEARCH BY NATIONAL
SCIENCE FOUNDATION
The House bill provided for an amendment to the National Science
Foundation Act of 1950 requiring the Director of the NSF to initiate
and support basic and applied research relating to solar energy de-
velopment as provided for in this act. The Senate amendment pro-
vided that the Director should conduct a program of research relevant
to the improvement of solar heating components and systems and to
the development and commercial application of such systems without
amending the basic Act. The Senate amendment also required the Di-
rector to apprise the Secretary of HUD of the results of such research.
The conference substitute adopts the Senate provision with an
amendment providing for the conduct of "applied" research and pro-
viding for apprising the Administrator as well as the Secretary of
results.
SECTION 11. COORDINATION, MONITORING, AND LIAISON
The House bill provided for various coordination, monitoring, and
liaison functions in several sections of the bill. The Senate amendment
consolidated many of these same functions in its Section 9.
The conference substitute adopts the Senate provision with an
amendment integrating the requirement for coordination with appro-
priate technical and professional societies and industry representatives
in the development of performance criteria and test procedures, and
specifying the role of the Director of NBS in the monitoring of and
data collection and evaluation from installed systems.
SECTION 12. DISSEMINATION OF INFORMATION AND OTHER ACTIONS To
PROMOTE PRACTICAL USE OF SOLAR HEATING AND COOLING TECH-
NOLOGIES
The House bill and the Senate amendment provided for the Secre-
tary of HUD to assure the greatest possible dissemination of informa-
tion on the activities under this Act and required the establishment
of a Solar Heating and Cooling Information Data Bank.
The conference substitute incorporates the strengths of the very
similar House and Senate bills making conforming changes as
necessary.
21
SECTION 13. LIMITATIONS ON FEDERALLY ASSISTED OR FEDERALLY
CONSTRUCTED HOUSING
The House bill, in Section 10, provided a financing alternative to
be available to the public, for buildings involved in the demonstration
program, which would exempt from any mortgage limitations on any
federally assisted mortgage loan or the maximum per unit or other
cost of any federally constructed housing, the cost of solar heating or
combined solar heating and cooling equipment. The Senate amend-
ment had no comparable provision.
The conference substitute adopts the House provision with an
amendment to except any floor area limitations which might inhibit the
demonstration program.
SECTION 14. ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS
The House bill and the Senate amendment included essentially simi-
lar provisions with respect to the encouragement and protection of
small business.
The conference substitute adopts the Senate amendment, virtually
identical with the House bill.
SECTION 15. PRIORITIES
The House bill provided that the Administrator would set priorities
as far as possible with consideration given to the following criteria
location of dwellings in a sufficient number of different geographic
areas to realize an effective demonstration, the need for assistance in
areas with high density of population and prospects for future growth
which might impact regular fuel supplies now in short supply, and
the desirability of encouraging projects in which funds appropriated
by any state or political subdivision were provided on a cost-sharing
basis with the federal government for the procurement of solar heat-
ing and cooling equipment. The Senate amendment provided that the
Secretary of HUD should, as far as possible, set priorities in accord-
ance with the following criteria: residential dwellings shall be located
in a sufficient number of different geographic areas to assure a realistic
and effective demonstration in both urban and rural locations, pro-
jected costs of commercial production and maintenance of solar heat-
ing and cooling systems, and encouragement of projects in which funds
appropriated by any state or political subdivision were provided on
a cost-sharing basis with the federal government for the procurement
of solar heating and cooling equipment.
The conference substitute adopts the Senate provision with a non-
substantive amendment amount to Subsection (b).
SECTION 16. REGULATIONS
The House bill provided that the Administrator, in consultation
with the heads of other appropriate government agencies, should pre-
scribe regulations as necessary to carry out provisions of the Act and
that each other such officer or agency might also prescribe such regula-
22
tions as necessary to carry out his or its functions under the Act. The
Senate amendment contained no comparable provision.
The conference substitute adopts the House provision with minor
changes to conform to definitions and assignments of responsibilities
in the bill.
SECTION 17. USE OF PUBLICLY ASSISTED HOUSING
The Senate amendment provided for the Secretary of HUD to make
appropriate use of publicly. assisted housing in the demonstrations.
The House bill did not contain a comparable provision.
The conference substitute adopts the Senate amendment.
SECTION 18. TRANSFER OF FUNCTIONS
The House bill, in anticipation of the creation of the Energy Re-
search and Development Administration (ERDA), provided for the
transfer, within 60 days, of all the research and development func-
tions vested in NASA and NSF under this Act, to such agency in ac-
cordance with regulations prescribed by the Office of Management and
Budget. The Senate amendment provided for a similar transfer; how-
ever, it excluded the National Science Foundation and made the trans-
fer of functions permissive by use of the word "may" in lieu of "shall"
as stated in the House bill.
The conference substitute provides for the transfer of the "energy
research and development" functions vested in NASA and NSF under
this Act to ERDA on a permissive basis in accordance with regula-
tions prescribed by the Office of Management and Budget.
The conferees agree that, notwithstanding the 60-day time limit
prescribed by Section 18, in the event it is determined that a transfer
of functions should be made but that rigid adherence to the 60-day
limitation would be inimical to orderly progress of the programs estab-
lished by this Act, the period may be extended because of the permis-
sive nature of the transfer authority.
SECTION 19. AUTHORIZATION OF APPROPRIATIONS
The House bill authorized appropriations to the Administrator of
NASA, for the first five fiscal years after the date of enactment of this
Act, such sums not exceeding $50 million as necessary to carry out
functions vested in NASA and to reimburse the National Bureau of
Standards, the National Science Foundation, the Secretary of HUD,
the Secretary of Defense, the General Services Administration, and
other agencies for expenses incurred by them in carrying out programs
in the Act. The Senate amendment authorized appropriations to the
National Aeronautics and Space Administration for Fiscal Year 1975
of $5 million to carry out the NASA functions, and authorized to be
appropriated to the Department of HUD for Fiscal Year 1975 $5
million and for each of the subsequent four fiscal years, $10 million
each to carry out the functions vested in HUD and for transfer to the
Department of Defense, the National Bureau of Standards, and the
General Services Administration to carry out functions vested in them
by the Act.
23
The conference substitute authorizes $5 million for NASA for FY
1975 to remain available until expended, authorizes $5 million to
HUD for Fiscal Year 1975 to remain available to be expended to carry
out the functions vested in HUD and for reimbursing the Department
of Defense, the National Bureau of Standards and the General Serv-
ices Administration for expenses incurred by them in carrying out
responsibilities under the Act. The conference substitute also author-
izes an additional $50 million for the fiscal years ending June 30, 1976,
1977, 1978 and 1979, to carry out programs established by this Act.
FRANK E. Moss,
EDWARD M. KENNEDY,
ALAN CRANSTON,
JOHN V. TUNNEY,
FLOYD K. HASKELL,
BARRY GOLDWATER,
PETER H. DOMINICK,
LOWELL P. WEICKER, Jr.,
PAUL J. FANNIN,
Managers on the Part of the Senate.
OLIN E. TEAGUE,
MIKE McCormack,
DON FUQUA,
JAMES W. SYMINGTON,
CHARLES A. MOSHER,
BARRY GOLDWATER, Jr.,
JOHN WYDLER,
Managers on the Part of the House.
LIBRARY
FORD
H. R. 11864
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Art
To provide for the early development and commercial demonstration of the
technology of solar heating and combined solar heating and cooling systems
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Solar Heating and Cooling Demonstration Act of
1974".
FINDINGS AND POLICY
SEC. 2. (a) The Congress hereby finds that-
(1) the current imbalance between supply and demand for
fuels and energy is likely to persist for some time;
(2) the early demonstration of the feasibility of using solar
energy for the heating and cooling of buildings could help to
relieve the demand upon present fuel and energy supplies;
(3) the technologies for solar heating are close to the point of
commercial application in the United States;
(4) the technologies for combined solar heating and cooling
still require research, development, testing and demonstration,
but no insoluble technical problem is now foreseen in achieving
commercial use of such technologies;
(5) the early development and export of viable solar heating
equipment and combined solar heating and cooling equipment,
consistent with the established preeminence of the United States
in the field of high technology products, can make a valuable
contribution to our balance of trade;
(6) the widespread use of solar energy in place of conventional
methods for the heating and cooling of buildings would have a
significantly beneficial effect upon the environment;
(7) the mass production and use of solar heating and cooling
equipment will help to eliminate the dependence of the United
States upon foreign energy sources and promote the national
defense;
(8) the widespread introduction of low-cost solar energy will
be beneficial to consumers in a period of rapidly rising fuel cost;
(9) innovation and creativity in the development of solar heat-
ing and combined solar heating and cooling components and sys-
tems can be fostered through encouraging direct contact between
the manufacturers of such systems and the architects, engineers,
developers, contractors, and other persons interested in installing
such systems in buildings;
(10) evaluation of the performance and reliability of solar
heating and combined solar heating and cooling technologies can
be expedited by testing under carefully controlled conditions; and
(11) commercial application of solar heating and combined
solar heating and cooling technologies can be expedited by early
commercial demonstration under practical conditions.
(b) It is therefore declared to be the policy of the United States and
the purpose of this Act to provide for the demonstration within a
three-year period of the practical use of solar heating technology, and
to provide for the development and demonstration within a five-year
period of the practical use of combined heating and cooling technology.
H. R. 11864-2
DEFINITIONS
SEC. 3. For purposes of this Act-
(1) the term "solar heating", with respect to any building,
means the use of solar energy to meet such portion of the total
heating needs of such building (including hot water), or such
portion of the needs of such building for hot water (where its
remaining heating needs are met by other methods), as may be
required under performance criteria prescribed by the Secretary
of Housing and Urban Development utilizing the services of the
Director of the National Bureau of Standards, and in con-
sultation with the Director of the National Science Foundation,
and the Administrator of the National Aeronautics and Space
Administration;
(2) the terms "solar heating and cooling" and "combined solar
heating and cooling", with respect to any building, mean the use
of solar energy to provide both such portion of the total heating
needs of such building (including hot water) and such portion of
the total cooling needs of such building, or such portion of the
needs of such building for hot water (where its remaining heating
needs are met by other methods) and such portion of the total
cooling needs of a building, as may be required under perform-
ance criteria prescribed by the Secretary of Housing and Urban
Development utilizing the services of the Director of the National
Bureau of Standards, and in consultation with the Director of the
National Science Foundation, and the Administrator of the
National Aeronautics and Space Administration, and such term
includes cooling by means of nocturnal heat radiation, by evap-
oration, or by other methods of meeting peakload energy require-
ments at nonpeakload times;
(3) the term "residential dwellings" includes previously occu-
pied and new single family and multifamily dwellings, mobile
homes, and publicly assisted housing owned by a private sponsor
or a State or local housing authority not covered by section 17;
(4) the term "Administrator" means the Administrator of the
National Aeronautics and Space Administration;
(5) the term "Secretary" means the Secretary of Housing and
Urban Development; and
(6) the term "Director" means the Director of the National
Science Foundation.
CONDUCT OF ACTIVITIES IN SOLAR HEATING AND COOLING TECHNOLOGIES BY
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SEC. 4. Section 203 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2473) is amended by redesignating subsection (b) as
subsection (c), and by inserting immediately after subsection (a) the
following new subsection:
"(b) The Administration shall initiate, support, and carry out such
research, development, demonstrations, and other related activities in
solar heating and cooling technologies (to the extent that funds are
appropriated therefor) as are provided for in sections 5, 6, and 9 of the
Solar Heating and Cooling Demonstration Act of 1974.".
DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING SYSTEMS TO BE
USED IN RESIDENTIAL DWELLINGS
SEC. 5. (a) The Administrator and the Secretary shall promptly
initiate and carry out a program, as provided in this section, for the
development and demonstration of solar heating systems (including
H. R. 11864-3
collectors, controls, and thermal storage) for use in residential
dwellings.
(b) (1) Within 120 days after the date of the enactment of this Act,
the Secretary, utilizing the services of the Director of the National
Bureau of Standards and in consultation with the Administrator and
the Director, shall determine, prescribe, and publish-
(A) interim performance criteria for solar heating components
and systems to be used in residential dwellings, and
(B) interim performance criteria (relating to suitability for
solar heating) for such dwellings themselves,
taking into account in each instance climatic variations existing
between different geographic areas.
(2) As soon as possible after the publication of the performance
criteria prescribed under paragraph (1), the Secretary, in consulta-
tion with the Director of the National Bureau of Standards and the
Administrator, will select on the basis of open competition a number
of designs for various types of residential dwellings suitable for and
adapted to the installation of solar heating systems meeting the per-
formance criteria prescribed under paragraph (1) (A).
(c) The Administrator, in accordance with the applicable provi-
sions of title II of the National Aeronautics and Space Act of 1958
and under program guidelines established jointly by the Administra-
tor and the Secretary, shall, after consultation with the Secretary-
(1) enter into such contracts and grants as may be necessary
or appropriate for the development (for commercial production
and residential use) of solar heating systems meeting the perform-
ance criteria prescribed under subsection (b) (1) (A) (including
any further planning and design which may be required to con-
form with the specifications set forth in such criteria) ; and
(2) enter into contracts with a number of persons or firms for
the procurement of solar heating components and systems meeting
such performance criteria (including adequate numbers of spare
and replacement parts for such systems).
(d) The Secretary shall (1) arrange for the installation of solar
heating systems procured by the Administrator under subsection (c)
(2) in a substantial number of residential dwellings and (2) provide
for the satisfactory operation of such installations during the demon-
stration period. Title to and ownership of any dwellings constructed
hereunder and of solar heating systems installed hereunder may be
conveyed to purchasers or owners of such dwellings under terms and
conditions prescribed by the Secretary, including an express agree-
ment that any such purchaser or owner shall, in such manner and
form and on such terms and conditions as the Secretary may prescribe,
observe and monitor (or permit the Secretary to observe and monitor)
the performance and operation of such system for a period of five
years, and that such purchaser or owner (including any subsequent
owner and occupant of the property who also makes such an agree-
ment) shall regularly furnish the Secretary with such reports thereon
as the agreement may require.
(e) The Secretary of Defense shall arrange for the installation of
solar heating systems procured by the Administrator under subsection
(c) (2) in a substantial number of residential dwellings which are
located on Federal or federally administered property where the per-
formance and operation of such systems can be regularly and effec-
tively observed and monitored by designated Federal personnel.
(f) The Secretary and the Secretary of Defense, and officials
responsible for administering Federal or federally administered prop-
erty, shall coordinate their activities under this section to assure that
solar heating systems are installed in a substantial number of resi-
H. R. 11864-4
dential dwellings and in a sufficient number of different geographic
areas under varying climatic conditions to constitute a realistic and
effective demonstration in support of the objectives of this Act.
DEVELOPMENT AND DEMONSTRATION OF COMBINED SOLAR HEATING AND
COOLING SYSTEMS TO BE USED IN RESIDENTIAL DWELLINGS
SEC. 6. (a) The Administrator and the Secretary shall promptly
initiate and carry out a program, as provided in this section, for the
development and demonstration of combined solar heating and cool-
ing systems (including collectors, controls, and thermal storage) for
use in residential dwellings.
(b) (1) As soon as possible after the date of the enactment of this
Act, the Secretary, utilizing the services of the Director of the National
Bureau of Standards and in consultation with the Administrator and
the Director, shall determine, prescribe, and publish-
(A) interim performance criteria for combined solar heating
and cooling components and systems to be used in residential
dwellings, and
(B) interim performance criteria (relating to suitability for
solar heating and cooling) for such dwellings themselves,
taking into account in each instance climatic variations existing
between different geographic areas.
(2) As soon as possible after the publication of the performance
criteria prescribed under paragraph (1) (and if possible before the
completion of the research and development provided for in subsection
(c)) the Secretary, in consultation with the Director of the National
Bureau of Standards and the Administrator, will select on the basis
of open competition a number of designs for various types of residen-
tial dwellings suitable for and adapted to the installation of combined
solar heating and cooling systems meeting the performance criteria
prescribed under paragraph (1) (A).
(c) During the period immediately following the publication of
performance criteria under subsection (b) (1), the Administrator, in
coordination with the Director, shall undertake and conduct with
respect to solar heating and cooling a program of research, develop-
ment, and testing designed to provide the additional technological
resources necessary for the development and commercial application
of combined solar heating and cooling systems as contemplated by the
program under this section.
(d) The Administrator, in accordance with the applicable pro-
visions of title II of the National Aeronautics and Space Act of 1958
and under program guidelines established jointly by the Administrator
and the Secretary, and at the earliest possible time during or imme-
diately after the period specified in subsection (c), shall, after consul-
tation with the Secretary-
(1) enter into such contracts and grants as may be necessary or
appropriate for the development (for commercial production and
residential use) of combined solar heating and cooling systems
meeting the performance criteria prescribed under subsection
(b) (1) (A) (including any further planning and design which
may be required to conform with the specifications set forth in
such criteria or to reflect the results of the activities conducted
under subsection (c) ; and
(2) enter into contracts with a number of persons or firms for
the procurement of combined solar heating and cooling systems
meeting such performance criteria (including adequate numbers
of spare and replacement parts for such systems).
(e) The Secretary shall (1) arrange for the installation of com-
bined solar heating and cooling systems procured by the Administrator
H. R. 11864-5
under subsection (d) (2) in a substantial number of residential dwell-
ings and (2) provide for the satisfactory operation of such installations
during the demonstration period. Title to and ownership of any
dwellings constructed hereunder and of combined solar heating and
cooling systems installed hereunder may be conveyed to purchasers
or owners of such dwellings under terms and conditions prescribed by
the Secretary, including an express agreement that any such purchaser
or owner shall, in such manner and form and on such terms and condi-
tions as the Secretary may prescribe, observe and monitor (or permit
the Secretary to observe and monitor) the performance and operation
of such system for a period of five years, and that such purchaser or
owner (including any subsequent owner and occupant of the property
who also makes such an agreement) shall regularly furnish the Secre-
tary with such reports thereon as the agreement may require.
(f) The Secretary of Defense shall arrange for the installation of
combined solar heating and cooling systems procured by the Adminis-
trator under subsection (d) (2) in a substantial number of residential
dwellings which are located on Federal or federally administered
property where the performance and operation of such systems can be
regularly and effectively observed and monitored by designated
Federal personnel.
(g) The Secretary and the Secretary of Defense, and officials
responsible for administering Federal or federally administered prop-
erty, shall coordinate their activities under this section to assure that
combined solar heating and cooling systems are installed in a substan-
tial number of residential dwellings and in a sufficient number of
geographic areas under varying climatic conditions to constitute a
realistic and effective demonstration in support of the objectives of
this Act.
COMPREHENSIVE PROGRAM DEFINITION
SEC. 7. (a) The Administrator and the Secretary are authorized and
directed to prepare a comprehensive plan for the conduct of the devel-
opment and demonstration activities under sections 5 and 6. In the
preparation of such plan, the Administrator and Secretary shall con-
sult with the Director of the National Bureau of Standards, the Direc-
tor, the Secretary of Defense, and other Federal agencies and private
organizations as appropriate.
(b) The Administrator and the Secretary shall transmit such com-
prehensive program plan to the President and to each House of the
Congress. The plan shall be transmitted within 120 days after the date
of the enactment of this Act.
TEST PROCEDURES AND DEFINITIVE PERFORMANCE CRITERIA
SEC. 8. As soon as feasible, and utilizing data available from the
demonstration programs under sections 5 and 6, the Secretary, utiliz-
ing the services of the Director of the National Bureau of Standards
and in consultation with the Administrator and the Director shall
determine, prescribe, and publish in the Federal Register in accord-
ance with the applicable provisions regarding rulemaking prescribed
by section 553 of title 5, United States Code-
(1) definitive performance criteria for solar heating and com-
bined solar heating and cooling components and systems to be
used in residential dwellings, taking into account climatic vari-
ations existing between different geographic areas;
(2) definitive performance criteria (relating to suitability for
solar heating and for combined solar heating and cooling) for
H. R. 11864-6
such dwellings, taking into account climatic variations existing
between different geographic areas; and
(3) procedures whereby manufacturers of solar heating and
combined solar heating and cooling components and systems shall
have their products tested in order to provide certification that
such products conform to the performance criteria established
under paragraph (1).
DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING AND COMBINED
SOLAR HEATING AND COOLING SYSTEMS FOR COMMERCIAL BUILDINGS
SEC. 9. The Administrator, in consultation with the Secretary, the
Director, the Administrator of General Services, and the Director of
the National Bureau of Standards and concurrently with the conduct
of the programs under sections 5 and 6, shall enter into arrangements
with appropriate Federal agencies to carry out such projects and
activities (including demonstration projects) with respect to apart-
ment buildings, office buildings, factories, crop-drying facilities and
other agricultural structures, public buildings (including schools and
colleges), and other non-residential, commercial, or industrial build-
ings, taking into account the special needs of and individual differ-
ences in such buildings based upon size, function, and other relevant
factors, as may be appropriate for the early development and demon-
stration of solar heating and combined solar heating and cooling sys-
tems suitable and effective for use in such buildings.
SOLAR HEATING AND COOLING RESEARCH BY NATIONAL SCIENCE
FOUNDATION
SEC. 10. (a) The Director shall conduct a program of applied
research relevant to (1) the improvement of solar heating components
and systems and (2) the development and commercial application of
combined solar heating and cooling components and systems as con-
templated by the programs under this Act.
(b) The Director shall apprise the Secretary and the Administra-
tor on a continuing basis of the results of the programs being con-
ducted in accordance with subsection (a), and the Secretary and the
Administrator shall insure that such results, where appropriate, are
incorporated into the development and demonstration programs estab-
lished by this Act.
COORDINATION, MONITORING, AND LIAISON
SEC. 11. (a) The Secretary, utilizing the services of the Director of
the National Bureau of Standards and in coordination with such other
Government agencies as may be appropriate, shall-
(1) monitor the performance and operation of solar heating
and combined solar heating and cooling systems installed in resi-
dential dwellings under this Act;
(2) collect and evaluate data and information on the perform-
ance and operation of solar heating and combined solar heating
and cooling systems installed in residential dwellings under this
Act; and
(3) from time to time, carrying out such studies and investiga-
tions and take such other actions, including the submission of
special reports to the Congress when appropriate, as may be neces-
sary to assure that the programs for which the Secretary is
responsible under this Act effectively carry out the policy of this
Act.
(b) In the development of the performance criteria and test pro-
cedures required under sections 5, 6, and 8, the Secretary shall work
H. R. 11864-7
closely with the appropriate scientific, technical, and professional soci-
eties and industry representatives to insure the best possible use of
available expertise in this area.
(c) The Secretary shall also maintain continuing liaison with the
building industry and related industries and interests, and with the
scientific and technical community during and after the period of the
programs carried out under this Act, in order to assure that the pro-
jected benefits of such programs are and will continue to be realized.
DISSEMINATION OF INFORMATION AND OTHER ACTIONS TO PROMOTE PRAC-
TICAL USE OF SOLAR HEATING AND COOLING TECHNOLOGIES
SEC. 12. (a) The Secretary shall take all possible steps to assure that
full and complete information with respect to the demonstrations and
other activities conducted under this Act is made available to Federal,
State, and local authorities, the building industry and related seg-
ments of the economy, the scientific and technical community, and the
public at large, both during and after the close of the programs under
this Act, with the objective of promoting and facilitating to the maxi-
mum extent feasible the early and widespread practical use of solar
energy for the heating and cooling of buildings throughout the United
States. In accordance with regulations prescribed under section 16
such information shall be disseminated on a coordinated basis by the
Secretary, the Administrator, the Director of the National Bureau of
Standards, the Director, the Commissioner of the Patent Office, and
other appropriate Federal offices and agencies.
(b) In addition, the Secretary shall-
(1) study and investigate the effect of building codes, zoning
ordinances, tax regulations, and other laws, codes, ordinances, and
practices upon the practical use of solar energy for the heating
and cooling of buildings;
(2) determine the extent to which such laws, codes, ordinances,
and practices should be changed to permit. or such nee,
and the methods by which any such changes may best be brought
about; and
(3) study the necessity of a program of incentives to accelerate
the commercial application of solar heating and cooling tech-
nology.
(c) (1) In carrying out his functions under subsections (a) and (b)
the Secretary, utilizing the capabilities of the National Aeronautics
and Space Administration, the Department of Commerce, and the
National Science Foundation to the maximum extent possible, shall
establish and operate a Solar Heating and Cooling Information Data
Bank (hereinafter in this subsection referred to as the "bank") for
the purpose of collecting, reviewing, processing, and disseminating
solar heating and cooling information and data in a timely and accurate
manner in support of the objectives of this Act.
(2) Information and data compiled in the bank shall include-
(A) technical information (including reports, journal articles,
dissertions, monographs, and project descriptions) on solar
energy research, development, and applications;
(B) technical information on the design, construction, and
maintenance of buildings compatible with solar heating and
cooling concepts;
(C) physical and chemical properties of the materials required
for solar heating and cooling;
(D) climatic conditions in appropriate areas of the United
States, including those areas where the demonstrations are to be
located; and
H. R. 11864-8
(E) engineering performance of devices utilized in solar heat-
ing and cooling or to be employed in the demonstrations.
(3) In accordance with regulations prescribed under section 16, the
Secretary shall provide retrieval and dissemination services to cover
the solar heating and cooling information described under paragraph
(2) for-
(A) Federal, State, and local government organizations that
are active in the area of energy resources (and their contractors) ;
(B) universities, colleges, and other nonprofit organizations;
and
(C) private persons, upon request, in appropriate cases.
(4) In carrying out his functions under this subsection, the Secre-
tary shall utilize, when feasible, the existing data base of scientific
and technical information in Federal agencies, adding to such data
base any information described in paragraph (2) which does not
already reside in such base.
(d) Each Federal officer and agency having functions under this
Act shall include in his or its annual report to the President and the
Congress a full and complete description of his or its activities (current
and projected) under this Act, along with his or its recommendations
for legislative, administrative, or other action to improve the pro-
grams under this Act or to achieve the objectives of this Act more
promptly and effectively. In addition, the Secretary shall submit
annually to the President and the Congress a special report summariz-
ing in appropriate detail all of the activities (current and projected)
of the various Federal officers and agencies having functions under
this Act, with the objective of presenting a comprehensive overall view
of such programs.
LIMITATIONS ON FEDERALLY ASSISTED OR FEDERALLY CONSTRUCTED
HOUSING
SEC. 13. (a) (1) In determining the maximum dollar amount of
any federally assisted mortgage loan (as defined in subsection (b))
or the maximum per unit or other cost or floor area limitation of any
federally constructed housing (as defined in subsection (c)), where
the law establishing the program under which the loan is made or
the housing is constructed specifies such maximum per unit or other
cost on floor area limitation and the structure involved is furnished
with solar heating or combined solar heating and cooling equipment
under the demonstration program established by section 5, 6, or 9,
the maximum amount or cost or floor area limitation SO specified
which is applicable to such structure shall be deemed to be increased
by the amount by which (as determined by the Secretary or the Secre-
tary of Defense, as appropriate) the price or cost or floor area limi-
tation of the structure including such solar heating or combined solar
heating and cooling equipment exceeds the price or cost or floor area
limitation of the structure with such equipment replaced by conven-
tional heating equipment or conventional heating and cooling equip-
ment (as the case may be).
(2) In addition, in the case of a federally assisted mortgage loan,
the cost excess specified in subsection (a) shall be fully taken into
account in determining the value or cost of the structure involved for
purposes of applying any statutory provision specifying the maximum
loan-to-value or -cost ratio; except that, if the law specifies different
rates of downpayment for successive increments of such value or cost,
the lowest such rate shall apply to the additional cost attributable to
the solar heating or combined solar heating and cooling equipment,
and such equipment shall otherwise be excluded in determining the
total value or cost of the structure.
H. R. 11864-9
(b) As used in subsection (a), the term "mortgage loan" means a
loan which is made to finance the purchase or construction of a resi-
dence or any other building or structure; and the term "federally
assisted mortgage loan" means a mortgage loan which-
(1) is made in whole or in part by any lender the deposits or
accounts of which are insured by any agency of the Federal Gov-
ernment, or is made in whole or in part by any lender which is
itself regulated by any agency of the Federal Government; or
(2) is made in whole or in part, or insured, guaranteed, supple-
mented, or assisted in any way, by the Secretary or any other
officer or agency of the Federal Government or under or in con-
nection with a housing, urban development, or related program
administered by the Secretary or a housing or related program
administered by any other such officer or agency; or
(3) is eligible for purchase by the Federal National Mortgage
Association, the Government National Mortgage Association, or
the Federal Home Loan Mortgage Corporation, or from any
financial institution from which it could be purchased by the Fed-
eral Home Loan Mortgage Corporation; or
(4) is made in whole or in part by any "creditor," as defined in
section 103(f) of the Consumer Credit Protection Act of 1968
(15 U.S.C. 1602(f)), who makes or invests in residential real
estate loans aggregating more than $1,000,000 per year.
(c) As used in subsection (a), the term "federally constructed hous-
ing" means (1) residential or multifamily housing which is con-
structed by agencies of the Federal Government to provide dwelling
accommodations for particular types or classes of persons under pro-
grams administered by such Federal agencies (including all housing
constructed by the Department of Defense to provide dwelling accom-
modations for personnel of the armed services or for such personnel
and their families), and (2) residential or multifamily housing which
is constructed by agencies of State or local government, with financial
assistance in any form from the Federal Government, to provide
dwelling accommodations for particular types or classes of persons
under programs administered by such State or local agencies.
ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS
SEC. 14. In carrying out their functions under this Act, all Federal
officers and agencies shall take steps to assure that small business con-
cerns will have realistic and adequate opportunities to participate in
the programs under this Act to the maximum extent possible.
PRIORITIES
SEC. 15. The Secretary shall set priorities as far as possible consistent
with the intent and operation of this Act in accordance with the fol-
lowing criteria:
(a) The residential dwellings and other buildings which will be
part of the demonstration programs referred to in sections 5, 6, and 9
shall be located in a sufficient number of different geographic areas in
the United States to assure a realistic and effective demonstration of
the solar heating systems and combined solar heating and cooling sys-
tems involved, and of the dwellings and other buildings themselves,
in both rural and urban locations and under climatic conditions which
vary as much as possible.
H. R. 11864-10
(b) Consideration shall be given to projected costs of commercial
production and maintenance of the solar heating systems and com-
bined solar heating and cooling systems utilized in the demonstration
programs.
(c) Encouragement should be given in the conduct of programs
under this Act to those projects in which funds, appropriated by any
State or political subdivision thereof for the purpose of sharing costs
with the Federal Government for the purchase and installation of
solar heating or combined solar heating and cooling components and
systems, are committed before or after the date of the enactment of
this Act.
REGULATIONS
SEC. 16. The Administrator and the Secretary in consultation with
the Director of the National Bureau of Standards, the Director, the
Administrator of the General Services Administration, the Secretary
of Defense, and other appropriate officers and agencies, shall prescribe
such regulations as may be necessary or appropriate to carry out this
Act promptly and efficiently. Each such officer or agency, in consulta-
tion with the Administrator and the Secretary, may prescribe such
regulations as may be necessary or appropriate to carry out his or its
particular functions under this Act promptly and efficiently.
USE OF PUBLICLY ASSISTED HOUSING
SEC. 17. The Secretary shall make appropriate use of publicly
assisted housing and particularly low-rent housing assisted under the
United States Housing Act of 1937 in demonstrating solar heating
systems and combined solar heating and cooling systems under this
Act.
TRANSFER OF FUNCTIONS
SEC. 18. Within sixty days after the effective date of the law creat-
ing the Energy Research and Development Administration or any
other law creating a permanent Federal organization or agency having
jurisdiction over the energy research and development functions of the
United States (or within sixty days after the enactment of this Act if
the effective date of such law occurs prior to the enactment of this
Act), the energy research and development functions vested in the
National Aeronautics and Space Administration and the National
Science Foundation under this Act and any funds which may have been
appropriated pursuant to section 19 of this Act, to the extent necessary
or appropriate, may, in accordance with regulations prescribed by the
Office of Management and Budget, be transferred to and vested in the
Energy Research and Development Administration or such other orga-
nization or agency.
AUTHORIZATION OF APPROPRIATIONS
SEC. 19. (a) There is hereby authorized to be appropriated to the
National Aeronautics and Space Administration for the fiscal year
ending June 30, 1975, $5,000,000, to remain available until expended,
to carry out the functions vested in the Administrator by this Act.
(b) There is hereby authorized to be appropriated to the Depart-
ment of Housing and Urban Development for the fiscal year ending
June 30, 1975, $5,000,000, to remain available until expended. Any
H. R. 11864-11
sums so appropriated shall be available (1) to carry out the functions
vested in the Secretary of Housing and Urban Development by this
Act, and (2) for transfer to the Department of Defense, the National
Bureau of Standards, and the General Services Administration to
enable them to carry out their respective functions under this Act.
(c) There is hereby authorized to be appropriated for the fiscal years
ending June 30, 1976, 1977, 1978, and 1979, $50,000,000 in the aggre-
gate to carry out the programs established by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
August 22, 1974
Dear Mr. Director:
The following bil were received at the White
House on August 22nd:
S. 1871
H.R. 14402
S. 3703
H.R. 14920
H.R. 6485
H.R. 15205
H.R. 11864
H.R. 15842
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.
FORD : LIBRARY