-CITE-
    42 USC CHAPTER 134 - ENERGY POLICY                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY

-HEAD-
                        CHAPTER 134 - ENERGY POLICY                    

-MISC1-
    Sec.                                                     
    13201.      "Secretary" defined.                                  

                SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL            
    13211.      Definitions.                                          
    13212.      Minimum Federal fleet requirement.                    
                  (a)  General requirements.                          
                  (b)  Percentage requirements.                       
                  (c)  Allocation of incremental costs.               
                  (d)  Application of requirements.                   
                  (e)  Resale.                                        
                  (f)  Authorization of appropriations.               
    13213.      Refueling.                                            
                  (a)  In general.                                    
                  (b)  Authorization of appropriations.               
    13214.      Federal agency promotion, education, and coordination.
                  (a)  Promotion and education.                       
                  (b)  Assistance in procurement and placement.       
    13215.      Agency incentives program.                            
                  (a)  Reduction in rates.                            
                  (b)  Sunset provision.                              
    13216.      Recognition and incentive awards program.             
                  (a)  Awards program.                                
                  (b)  Criteria.                                      
                  (c)  Authorization of appropriations.               
    13217.      Measurement of alternative fuel use.                  
    13218.      Reports.                                              
                  (a)  Omitted.                                       
                  (b)  Compliance report.                             
    13219.      United States Postal Service.                         
                  (a)  Omitted.                                       
                  (b)  Coordination.                                  
                  (c)  Program criteria.                              
    13220.      Biodiesel fuel use credits.                           
                  (a)  Allocation of credits.                         
                  (b)  Use of credits.                                
                  (c)  Credit not a section 13258 credit.             
                  (d)  Issuance of rule.                              
                  (e)  Collection of data.                            
                  (f)  Definitions.                                   

         SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS     
    13231.      Public information program.                           
    13232.      Labeling requirements.                                
                  (a)  Establishment of requirements.                 
                  (b)  Technical assistance and coordination.         
    13233.      Data acquisition program.                             
    13234.      Federal Energy Regulatory Commission authority to
                 approve recovery of certain expenses in advance.     
                  (a)  Natural gas motor vehicles.                    
                  (b)  Electric motor vehicles.                       
    13235.      State and local incentives programs.                  
                  (a)  Establishment of program.                      
                  (b)  Federal assistance to States.                  
                  (c)  General provisions.                            
                  (d)  Definitions.                                   
                  (e)  Authorization of appropriations.               
    13236.      Alternative fuel bus program.                         
                  (a)  Cooperative agreements and joint ventures.     
                  (b)  Limitations.                                   
                  (c)  School buses.                                  
                  (d)  Authorization of appropriations.               
    13237.      Certification of training programs.                   
    13238.      Alternative fuel use in nonroad vehicles and engines. 
                  (a)  Nonroad vehicles and engines.                  
                  (b)  Definition of nonroad vehicles and engines.    
                  (c)  Designation.                                   
    13239.      Low interest loan program.                            
                  (a)  Establishment.                                 
                  (b)  Loan terms.                                    
                  (c)  Criteria.                                      
                  (d)  Priorities.                                    
                  (e)  Authorization of appropriations.               

        SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
        ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES
    13251.      Mandate for alternative fuel providers.               
                  (a)  In general.                                    
                  (b)  Revisions and extensions.                      
                  (c)  Option for electric utilities.                 
                  (d)  Report to Congress.                            
    13252.      Replacement fuel supply and demand program.           
                  (a)  Establishment of program.                      
                  (b)  Development plan and production goals.         
    13253.      Replacement fuel demand estimates and supply
                 information.                                         
                  (a)  Estimates.                                     
                  (b)  Information.                                   
                  (c)  Protection of information.                     
    13254.      Modification of goals; additional rulemaking
                 authority.                                           
                  (a)  Examination of goals.                          
                  (b)  Modification of goals.                         
                  (c)  Additional rulemaking authority.               
    13255.      Voluntary supply commitments.                         
    13256.      Technical and policy analysis.                        
                  (a)  Requirement.                                   
                  (b)  Purposes.                                      
                  (c)  Publication.                                   
    13257.      Fleet requirement program.                            
                  (a)  Fleet program purchase goals.                  
                  (b)  Early rulemaking.                              
                  (c)  Advance notice of proposed rulemaking.         
                  (d)  Proposed rule.                                 
                  (e)  Determination.                                 
                  (f)  Explanation of determination that fleet
                        requirement program is not necessary.         
                  (g)  Fleet requirement program.                     
                  (h)  Extension of deadlines.                        
                  (i)  Exemptions.                                    
                  (j)  Conversions.                                   
                  (k)  Inclusion of law enforcement vehicles and urban
                        buses.                                        
                  (l)  Consideration of factors.                      
                  (m)  Consultation and participation of other Federal
                        agencies.                                     
                  (n)  Petitions.                                     
                  (o)  Mandatory State fleet programs.                
    13258.      Credits.                                              
                  (a)  In general.                                    
                  (b)  Allocation.                                    
                  (c)  Use of credits.                                
                  (d)  Transferability.                               
    13259.      Secretary's recommendations to Congress.              
                  (a)  Recommendations to require availability or
                        acquisition.                                  
                  (b)  Fair and equitable application.                
    13260.      Effect on other laws.                                 
                  (a)  In general.                                    
                  (b)  Compliance by alternative fueled vehicles.     
    13261.      Prohibited acts.                                      
    13262.      Enforcement.                                          
                  (a)  Violation.                                     
                  (b)  Willful violation.                             
                  (c)  Knowing and willful violation following prior
                        violation and penalty.                        
    13263.      Powers of Secretary.                                  
    13263a.     Alternative compliance.                               
                  (a)  Application for waiver.                        
                  (b)  Grant of waiver.                               
                  (c)  Reporting requirement.                         
                  (d)  Revocation of waiver.                          
    13264.      Authorization of appropriations.                      

                  SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES              
    13271.      Definitions.                                          

     PART A - ELECTRIC MOTOR VEHICLE COMMERCIAL DEMONSTRATION PROGRAM 
    13281.      Program and solicitation.                             
                  (a)  Program.                                       
                  (b)  Solicitation.                                  
    13282.      Selection of proposals.                               
                  (a)  Selection.                                     
                  (b)  Criteria.                                      
                  (c)  Conditions.                                    
    13283.      Discount payments.                                    
                  (a)  Certification.                                 
                  (b)  Payment.                                       
                  (c)  Calculations of discount payments.             
    13284.      Cost-sharing.                                         
                  (a)  Requirement.                                   
                  (b)  Reduction.                                     
    13285.      Reports to Congress.                                  
                  (a)  Progress reports.                              
                  (b)  Report on encouraging purchase and use of
                        electric motor vehicles.                      
    13286.      Authorization of appropriations.                      

    PART B - ELECTRIC MOTOR VEHICLE INFRASTRUCTURE AND SUPPORT SYSTEMS
                            DEVELOPMENT PROGRAM
    13291.      General authority.                                    
                  (a)  Program.                                       
                  (b)  Eligibility.                                   
                  (c)  Coordination.                                  
    13292.      Proposals.                                            
                  (a)  Solicitation.                                  
                  (b)  Criteria.                                      
                  (c)  Projects.                                      
    13293.      Protection of proprietary information.                
                  (a)  In general.                                    
                  (b)  "Domestic companies" defined.                  
    13294.      Compliance with existing law.                         
    13295.      Repealed.                                             
    13296.      Authorization of appropriations.                      

                      SUBCHAPTER V - RENEWABLE ENERGY                  
    13311.      Purposes.                                             
    13312.      Renewable energy export technology training.          
                  (a)  Establishment of program.                      
                  (b)  Purpose.                                       
                  (c)  Authorization of appropriations.               
    13313.      Renewable Energy Advancement Awards.                  
                  (a)  Authority.                                     
                  (b)  Selection criteria.                            
                  (c)  Selection.                                     
                  (d)  Eligibility.                                   
                  (e)  Authorization of appropriations.               
                  (f)  Awards made in absence of appropriations.      
    13314.      Study of tax and rate treatment of renewable energy
                 projects.                                            
    13315.      Data system and energy technology evaluation.         
    13316.      Innovative renewable energy technology transfer
                 program.                                             
                  (a)  Establishment of program.                      
                  (b)  Purposes of program.                           
                  (c)  Identification.                                
                  (d)  Financial mechanisms.                          
                  (e)  Solicitations for project proposals.           
                  (f)  Assistance to United States firms.             
                  (g)  Other program requirements.                    
                  (h)  Selection of projects.                         
                  (i)  United States-Asia Environmental Partnership.  
                  (j)  Buy America.                                   
                  (k)  Reports to Congress.                           
                  (l)  Definitions.                                   
                  (m)  Authorization of appropriations.               
    13317.      Renewable energy production incentive.                
                  (a)  Incentive payments.                            
                  (b)  Qualified renewable energy facility.           
                  (c)  Eligibility window.                            
                  (d)  Payment period.                                
                  (e)  Amount of payment.                             
                  (f)  Sunset.                                        
                  (g)  Authorization of appropriations.               

                           SUBCHAPTER VI - COAL                       

       PART A - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL
                                APPLICATION
    13331.      Coal research, development, demonstration, and
                 commercial application programs.                     
                  (a)  Establishment.                                 
                  (b)  Demonstration and commercial application
                        programs.                                     
                  (c)  Report.                                        
                  (d)  Status reports.                                
                  (e)  Consultation.                                  
    13332.      Coal-fired diesel engines.                            
    13333.      Clean coal, waste-to-energy.                          
    13334.      Nonfuel use of coal.                                  
                  (a)  Program.                                       
                  (b)  Plan contents.                                 
    13335.      Coal refinery program.                                
                  (a)  Program.                                       
                  (b)  Objectives.                                    
    13336.      Coalbed methane recovery.                             
                  (a)  Study of barriers and environmental and safety
                        aspects.                                      
                  (b)  Information dissemination.                     
                  (c)  Demonstration and commercial application
                        program.                                      
    13337.      Metallurgical coal development.                       
    13338.      Utilization of coal wastes.                           
                  (a)  Coal waste utilization program.                
                  (b)  Use as boiler fuel.                            
    13339.      Underground coal gasification.                        
                  (a)  Program.                                       
                  (b)  Demonstration projects.                        
    13340.      Low-rank coal research and development.               
    13341.      Magnetohydrodynamics.                                 
                  (a)  Program.                                       
                  (b)  Solicitation of proposals.                     
    13342.      Oil substitution through coal liquefaction.           
                  (a)  Program direction.                             
                  (b)  Program goals.                                 
                  (c)  Proposals.                                     
    13343.      Authorization of appropriations.                      

                  PART B - CLEAN COAL TECHNOLOGY PROGRAM              
    13351.      Additional clean coal technology solicitations.       
                  (a)  Program design.                                
                  (b)  Additional solicitations.                      

                      PART C - OTHER COAL PROVISIONS                  
    13361.      Clean coal technology export promotion and interagency
                 coordination.                                        
                  (a)  Establishment.                                 
                  (b)  Membership.                                    
                  (c)  Consultation.                                  
                  (d)  Duties.                                        
                  (e)  Data and information.                          
                  (f)  Report.                                        
    13362.      Innovative clean coal technology transfer program.    
                  (a)  Establishment of program.                      
                  (b)  Purposes of program.                           
                  (c)  Identification.                                
                  (d)  Financial mechanisms.                          
                  (e)  Solicitations for project proposals.           
                  (f)  Assistance to United States firms.             
                  (g)  Other program requirements.                    
                  (h)  Selection of projects.                         
                  (i)  United States-Asia Environmental Partnership.  
                  (j)  Buy America.                                   
                  (k)  Reports to Congress.                           
                  (l)  "Host country" defined.                        
                  (m)  Authorization of appropriations.               
    13363.      Conventional coal technology transfer.                
    13364.      Study of utilization of coal combustion byproducts.   
                  (a)  "Coal combustion byproducts" defined.          
                  (b)  Study and report to Congress.                  
    13365.      Coal fuel mixtures.                                   
    13366.      National clearinghouse.                               
                  (a)  Feasibility.                                   
                  (b)  Authority to establish clearinghouse.          
    13367.      Coal exports.                                         
                  (a)  Plan.                                          
                  (b)  Plan contents.                                 
    13368.      Ownership of coalbed methane.                         
                  (a)  Federal lands and mineral rights.              
                  (b)  Affected States.                               
                  (c)  Failure to adopt statutory or regulatory
                        procedure.                                    
                  (d)  Implementation by Secretary of the Interior.   
                  (e)  Spacing.                                       
                  (f)  Spacing units.                                 
                  (g)  Development under pooling arrangement.         
                  (h)  Escrow account.                                
                  (i)  Approval of Secretary of the Interior.         
                  (j)  Authorization to stimulate coal seam.          
                  (k)  Notice and objection.                          
                  (l)  Plugging.                                      
                  (m)  Notice and objection by other parties.         
                  (n)  Venting for safety.                            
                  (o)  Other laws.                                    
                  (p)  Definitions.                                   
    13369.      Establishment of data base and study of transportation
                 rates.                                               
                  (a)  Data base.                                     
                  (b)  Study.                                         
                  (c)  Reports to Congress.                           
                  (d)  Consultation with other agencies.              
    13370.      Authorization of appropriations.                      

                  SUBCHAPTER VII - GLOBAL CLIMATE CHANGE              
    13381.      Report.                                               
    13382.      Least-cost energy strategy.                           
                  (a)  Strategy.                                      
                  (b)  Additional contents.                           
                  (c)  Secretarial consideration.                     
                  (d)  Priorities.                                    
                  (e)  Assumptions.                                   
                  (f)  Preference.                                    
                  (g)  Public review and comment.                     
    13383.      Director of Climate Protection.                       
    13384.      Assessment of alternative policy mechanisms for
                 addressing greenhouse gas emissions.                 
    13385.      National inventory and voluntary reporting of
                 greenhouse gases.                                    
                  (a)  National inventory.                            
                  (b)  Voluntary reporting.                           
                  (c)  Consultation.                                  
    13386.      Export of domestic energy resource technologies to
                 developing countries.                                
    13387.      Innovative environmental technology transfer program. 
                  (a)  Establishment of program.                      
                  (b)  Purposes of program.                           
                  (c)  Identification.                                
                  (d)  Financial mechanisms.                          
                  (e)  Solicitations for project proposals.           
                  (f)  Assistance to United States firms.             
                  (g)  Other program requirements.                    
                  (h)  Eligible technologies.                         
                  (i)  Selection of projects.                         
                  (j)  United States-Asia Environmental Partnership.  
                  (k)  Buy America.                                   
                  (l)  Report to Congress.                            
                  (m)  Definitions.                                   
                  (n)  Authorization of appropriations.               
    13388.      Global Climate Change Response Fund.                  
                  (a)  Establishment of Fund.                         
                  (b)  Restrictions on deposits.                      
                  (c)  Use of Fund.                                   
                  (d)  Authorization of appropriations.               
    13389.      Greenhouse gas intensity reducing strategies.         
                  (a)  Definitions.                                   
                  (b)  Committee on Climate Change Technology.        
                  (c)  National climate change technology policy.     
                  (d)  Climate Change Technology Program.             
                  (e)  Technology inventory.                          
                  (f)  Climate Change Technology Advisory Committee.  
                  (g)  Greenhouse gas intensity reducing technology
                        deployment.                                   
                  (h)  Procedures for calculating, monitoring, and
                        analyzing greenhouse gas intensity.           
                  (i)  Demonstration projects.                        
                  (j)  Cooperative research and development
                        agreements.                                   

             SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY         
    13401.      Goals.                                                

                  PART A - OIL AND GAS SUPPLY ENHANCEMENT              
    13411.      Enhanced oil recovery.                                
                  (a)  Program direction.                             
                  (b)  Program goals.                                 
                  (c)  Accelerated program plan.                      
                  (d)  Proposals.                                     
                  (e)  Consultation.                                  
                  (f)  Authorization of appropriations.               
    13412.      Oil shale.                                            
                  (a)  Program direction.                             
                  (b)  Program goals.                                 
                  (c)  Eastern oil shale program.                     
                  (d)  Western oil shale program.                     
                  (e)  Authorization of appropriations.               
    13413.      Natural gas supply.                                   
                  (a)  Program direction.                             
                  (b)  Proposals.                                     
                  (c)  Cofiring of natural gas and coal.              
                  (d)  Authorization of appropriations.               
    13414.      Natural gas end-use technologies.                     
    13415.      Midcontinent Energy Research Center.                  
                  (a)  Finding.                                       
                  (b)  Purposes.                                      
                  (c)  Establishment.                                 
                  (d)  Research.                                      

          PART B - OIL AND GAS DEMAND REDUCTION AND SUBSTITUTION      
    13431.      General transportation.                               
                  (a)  Program direction.                             
                  (b)  Program plan.                                  
                  (c)  Proposals.                                     
                  (d)  "Alternative fuels" defined.                   
                  (e)  Authorization of appropriations.               
    13432.      Advanced automotive fuel economy.                     
                  (a)  Program direction.                             
                  (b)  Program goal.                                  
                  (c)  Proposals.                                     
    13433.      Alternative fuel vehicle program.                     
                  (a)  Program direction.                             
                  (b)  Cooperative agreements and assistance.         
                  (c)  Definitions.                                   
    13434.      Biofuels user facility.                               
    13435.      Electric motor vehicles and associated equipment
                 research and development.                            
                  (a)  General.                                       
                  (b)  Comprehensive plan.                            
                  (c)  Cooperative agreements.                        
                  (d)  Solicitation of proposals.                     
                  (e)  Cost-sharing.                                  
                  (f)  Deployment.                                    
                  (g)  Domestic parts manufacturers.                  
                  (h)  Hold harmless.                                 
                  (i)  Consultation.                                  
                  (j)  Fuel cells for transportation.                 
                  (k)  Definitions.                                   
    13436.      Repealed.                                             
    13437.      Advanced diesel emissions program.                    
                  (a)  Program direction.                             
                  (b)  Program goal.                                  
                  (c)  Program plan.                                  
                  (d)  Solicitation of proposals.                     
    13438.      Telecommuting study.                                  
                  (a)  Study.                                         
                  (b)  Report to Congress.                            

                  SUBCHAPTER IX - ENERGY AND ENVIRONMENT              

                    PART A - IMPROVED ENERGY EFFICIENCY                
    13451.      General improved energy efficiency.                   
                  (a)  Program direction.                             
                  (b)  Program goals.                                 
                  (c)  Program plan.                                  
                  (d)  Proposals.                                     
                  (e)  Authorization of appropriations.               
    13452.      Natural gas and electric heating and cooling
                 technologies.                                        
                  (a)  Program direction.                             
                  (b)  Proposals.                                     
    13453.      Pulp and paper.                                       
                  (a)  Program direction.                             
                  (b)  Proposals.                                     
    13454.      Advanced buildings for 2005.                          
                  (a)  Program direction.                             
                  (b)  Proposals.                                     
    13455.      Electric drives.                                      
                  (a)  Program.                                       
                  (b)  Proposals.                                     
    13456.      Improving efficiency in energy-intensive industries.  
                  (a)  Secretarial action.                            
                  (b)  Joint ventures.                                
    13457.      Energy efficient environmental program.               
                  (a)  Program direction.                             
                  (b)  Identification of opportunities.               
                  (c)  Report.                                        
                  (d)  Proposals.                                     
    13458.      Energy efficient lighting and building centers.       
                  (a)  Purpose.                                       
                  (b)  Grants for establishment.                      
                  (c)  Permitted activities.                          
                  (d)  Application.                                   
                  (e)  Selection criteria.                            
                  (f)  Requirement of matching funds.                 
                  (g)  Task force.                                    
                  (h)  Membership terms and administration of task
                        force.                                        
                  (i)  Omitted.                                       
                  (j)  Authorization of appropriations.               

                  PART B - ELECTRICITY GENERATION AND USE              
    13471.      Renewable energy.                                     
                  (a)  Program direction.                             
                  (b)  Program plan.                                  
                  (c)  Authorization of appropriations.               
    13472.      High efficiency heat engines.                         
                  (a)  Program direction.                             
                  (b)  Program goal.                                  
                  (c)  Program plan.                                  
                  (d)  Proposals.                                     
                  (e)  Authorization of appropriations.               
    13473.      Civilian nuclear waste.                               
                  (a)  Study.                                         
                  (b)  Program.                                       
                  (c)  Authorization of appropriations.               
    13474.      Fusion energy.                                        
                  (a)  Program.                                       
                  (b)  Program goals.                                 
                  (c)  Management plan.                               
                  (d)  Authorization of appropriations.               
    13475.      Fuel cells.                                           
                  (a)  Program direction.                             
                  (b)  Program goal.                                  
                  (c)  Authorization of appropriations.               
    13476.      Environmental restoration and waste management
                 program.                                             
                  (a)  Authorization of appropriations.               
                  (b)  Long-term missions.                            
    13477.      High-temperature superconductivity program.           
                  (a)  Program.                                       
                  (b)  Authorization of appropriations.               
    13478.      Electric and magnetic fields research and public
                 information dissemination program.                   
                  (a)  Program.                                       
                  (b)  Contents.                                      
                  (c)  Role of Director.                              
                  (d)  Interagency Committee.                         
                  (e)  Advisory Committee.                            
                  (f)  Financial assistance.                          
                  (g)  Reports.                                       
                  (h)  Conflicts of interest.                         
                  (i)  Definitions.                                   
                  (j)  Authorization of appropriations.               
                  (k)  Sense of Congress.                             
                  (l)  Sunset provision.                              
    13479.      Spark M. Matsunaga Renewable Energy and Ocean
                 Technology Center.                                   
                  (a)  Findings.                                      
                  (b)  Purpose.                                       
                  (c)  Establishment.                                 
                  (d)  Administration.                                
                  (e)  Activities.                                    
                  (f)  Matching funds.                                
                  (g)  Authorization of appropriations.               

                    PART C - ADVANCED NUCLEAR REACTORS                
    13491.      Purposes and definitions.                             
                  (a)  Purposes.                                      
                  (b)  Definitions.                                   
    13492.      Program, goals, and plan.                             
                  (a)  Program direction.                             
                  (b)  Program goals.                                 
                  (c)  Program plan.                                  
    13493.      Commercialization of advanced light water reactor
                 technology.                                          
                  (a)  Certification of designs.                      
                  (b)  First-of-a-kind engineering.                   
    13494.      Prototype demonstration of advanced nuclear reactor
                 technology.                                          
                  (a)  Solicitation of proposals.                     
                  (b)  Recommendation to Congress.                    
                  (c)  Selection of technology.                       
    13495.      Authorization of appropriations.                      

                 SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH             
    13501.      National Advanced Materials Program.                  
                  (a)  Program direction.                             
                  (b)  Program plan.                                  
                  (c)  Proposals.                                     
                  (d)  General Services Administration demonstration
                        program.                                      
                  (e)  Authorization of appropriations.               
    13502.      National Advanced Manufacturing Technologies Program. 
                  (a)  Program direction.                             
                  (b)  Program plan.                                  
                  (c)  Proposals.                                     
                  (d)  Authorization of appropriations.               
    13503.      Supporting research and technical analysis.           
                  (a)  Basic energy sciences.                         
                  (b)  University and science education.              
                  (c)  Technology transfer.                           
                  (d)  Facilities support for multiprogram energy
                        laboratories.                                 
                  (e)  Authorization of appropriations.               
    13504.      Math and science education program.                   
                  (a)  Program.                                       
                  (b)  Purpose.                                       
                  (c)  Support.                                       
                  (d)  Cooperation with qualified entities.           
                  (e)  Report.                                        
                  (f)  Effect on existing programs.                   
                  (g)  "Qualified entity" defined.                    
                  (h)  Authorization of appropriations.               
    13505.      Integration of research and development.              
    13506.      Definitions.                                          

           SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS       
    13521.      Policy on major construction projects.                
                  (a)  Report and management plan.                    
                  (b)  Congressional review.                          
    13522.      Energy Research, Development, Demonstration, and
                 Commercial Application Advisory Board.               
                  (a)  Establishment.                                 
                  (b)  Responsibilities.                              
                  (c)  Use of existing advisory board.                
    13523.      Management plan.                                      
                  (a)  Plan preparation.                              
                  (b)  Contents of plan.                              
                  (c)  Energy technology inventory and status report. 
                  (d)  Public comment.                                
                  (e)  Plan submission.                               
    13524.      Costs related to decommissioning and storage and
                 disposal of nuclear waste.                           
                  (a)  Award of contracts.                            
                  (b)  Issuance of regulations.                       
                  (c)  Definitions.                                   
    13525.      Limits on participation by companies.                 
    13526.      Uncosted obligations.                                 
                  (a)  Report.                                        
                  (b)  Definitions.                                   

                      SUBCHAPTER XII - MISCELLANEOUS                  

                        PART A - GENERAL PROVISIONS                    
    13541.      Research, development, demonstration, and commercial
                 application activities.                              
                  (a)  Research, development, and demonstration.      
                  (b)  Commercial application.                        
                  (c)  "Joint venture" defined.                       
                  (d)  Protection of information.                     
                  (e)  Guidelines and procedures.                     
                  (f)  Application of section.                        
    13542.      Cost sharing.                                         
                  (a)  Research and development.                      
                  (b)  Demonstration and commercial application.      
                  (c)  Calculation of amount.                         
                  (d)  Tennessee Valley Authority.                    

                  PART B - OTHER MISCELLANEOUS PROVISIONS              
    13551.      Repealed.                                             
    13552.      Use of energy futures for fuel purchases.             
                  (a)  Fuel study.                                    
                  (b)  Pilot program.                                 
                  (c)  Authorization of appropriations.               
    13553.      Energy subsidy study.                                 
                  (a)  In general.                                    
                  (b)  Report to Congress.                            
                  (c)  Contents.                                      
                  (d)  Authorization of appropriations.               
    13554.      Tar sands.                                            
                  (a)  Policy.                                        
                  (b)  "Tar sands" defined.                           
                  (c)  Study.                                         
                  (d)  Authorization of appropriations.               
    13555.      Consultative Commission on Western Hemisphere Energy
                 and Environment.                                     
                  (a)  Findings.                                      
                  (b)  "Commission" defined.                          
                  (c)  Negotiations.                                  
                  (d)  The Commission.                                
                  (e)  Report.                                        
    13556.      Disadvantaged business enterprises.                   
                  (a)  General rule.                                  
                  (b)  Definitions.                                   
    13557.      Sense of Congress on risk assessments.                

                 SUBCHAPTER XIII - CLEAN AIR COAL PROGRAM             
    13571.      Purposes.                                             
    13572.      Authorization of program.                             
                  (a)  In general.                                    
                  (b)  Financial criteria.                            
    13573.      Generation projects.                                  
                  (a)  Eligible projects.                             
                  (b)  Criteria.                                      
                  (c)  Program balance and priority.                  
                  (d)  Authorization of appropriations.               
                  (e)  Applicability.                                 
    13574.      Air quality enhancement program.                      
                  (a)  Eligible projects.                             
                  (b)  Priority in project selection.                 
                  (c)  Authorization of appropriations.               
                  (d)  Applicability.                                 

-End-

-CITE-
    42 USC Sec. 13201                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY

-HEAD-
    Sec. 13201. "Secretary" defined

-STATUTE-
      For purposes of this Act, the term "Secretary" means the
    Secretary of Energy.

-SOURCE-
    (Pub. L. 102-486, Sec. 2, Oct. 24, 1992, 106 Stat. 2782.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 102-486, Oct. 24, 1992,
    106 Stat. 2776, known as the Energy Policy Act of 1992. For
    complete classification of this Act to the Code, see Short Title
    note below and Tables.

-MISC1-
                                SHORT TITLE                            
      Section 1(a) of Pub. L. 102-486 provided that: "This Act [see
    Tables for classification] may be cited as the 'Energy Policy Act
    of 1992'."

-EXEC-
          EX. ORD. NO. 13211. ACTIONS CONCERNING REGULATIONS THAT
         SIGNIFICANTLY AFFECT ENERGY SUPPLY, DISTRIBUTION, OR USE
      Ex. Ord. No. 13211, May 18, 2001, 66 F.R. 28355, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    appropriately weigh and consider the effects of the Federal
    Government's regulations on the supply, distribution, and use of
    energy, it is hereby ordered as follows:
      Section 1. Policy. The Federal Government can significantly
    affect the supply, distribution, and use of energy. Yet there is
    often too little information regarding the effects that
    governmental regulatory action can have on energy. In order to
    provide more useful energy-related information and hence improve
    the quality of agency decisionmaking, I am requiring that agencies
    shall prepare a Statement of Energy Effects when undertaking
    certain agency actions. As described more fully below, such
    Statements of Energy Effects shall describe the effects of certain
    regulatory actions on energy supply, distribution, or use.
      Sec. 2. Preparation of a Statement of Energy Effects. (a) To the
    extent permitted by law, agencies shall prepare and submit a
    Statement of Energy Effects to the Administrator of the Office of
    Information and Regulatory Affairs, Office of Management and
    Budget, for those matters identified as significant energy actions.
      (b) A Statement of Energy Effects shall consist of a detailed
    statement by the agency responsible for the significant energy
    action relating to:
        (i) any adverse effects on energy supply, distribution, or use
      (including a shortfall in supply, price increases, and increased
      use of foreign supplies) should the proposal be implemented, and
        (ii) reasonable alternatives to the action with adverse energy
      effects and the expected effects of such alternatives on energy
      supply, distribution, and use.
      (c) The Administrator of the Office of Information and Regulatory
    Affairs shall provide guidance to the agencies on the
    implementation of this order and shall consult with other agencies
    as appropriate in the implementation of this order.
      Sec. 3. Submission and Publication of Statements. (a) Agencies
    shall submit their Statements of Energy Effects to the
    Administrator of the Office of Information and Regulatory Affairs,
    Office of Management and Budget, whenever they present the related
    submission under Executive Order 12866 of September 30, 1993 [5
    U.S.C. 601 note], or any successor order.
      (b) Agencies shall publish their Statements of Energy Effects, or
    a summary thereof, in each related Notice of Proposed Rulemaking
    and in any resulting Final Rule.
      Sec. 4. Definitions. For purposes of this order:
      (a) "Regulation" and "rule" have the same meaning as they do in
    Executive Order 12866 [5 U.S.C. 601 note] or any successor order.
      (b) "Significant energy action" means any action by an agency
    (normally published in the Federal Register) that promulgates or is
    expected to lead to the promulgation of a final rule or regulation,
    including notices of inquiry, advance notices of proposed
    rulemaking, and notices of proposed rulemaking:
        (1)(i) that is a significant regulatory action under Executive
      Order 12866 or any successor order, and
        (ii) is likely to have a significant adverse effect on the
      supply, distribution, or use of energy; or
        (2) that is designated by the Administrator of the Office of
      Information and Regulatory Affairs as a significant energy
      action.
      (c) "Agency" means any authority of the United States that is an
    "agency" under 44 U.S.C. 3502(1), other than those considered to be
    independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
      Sec. 5. Judicial Review. Nothing in this order shall affect any
    otherwise available judicial review of agency action. This order is
    intended only to improve the internal management of the Federal
    Government and does not create any right or benefit, substantive or
    procedural, enforceable at law or equity by a party against the
    United States, its agencies or instrumentalities, its officers or
    employees, or any other person.
                                                         George W. Bush.

      EX. ORD. NO. 13212. ACTIONS TO EXPEDITE ENERGY-RELATED PROJECTS  
      Ex. Ord. No. 13212, May 18, 2001, 66 F.R. 28357, as amended by
    Ex. Ord. No. 13286, Sec. 10, Feb. 28, 2003, 68 F.R. 10622; Ex. Ord.
    No. 13302, Sec. 1, May 15, 2003, 68 F.R. 27429, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to take
    additional steps to expedite the increased supply and availability
    of energy to our Nation, it is hereby ordered as follows:
      Section 1. Policy. The increased production and transmission of
    energy in a safe and environmentally sound manner is essential to
    the well-being of the American people. In general, it is the policy
    of this Administration that executive departments and agencies
    (agencies) shall take appropriate actions, to the extent consistent
    with applicable law, to expedite projects that will increase the
    production, transmission, or conservation of energy and projects
    that will strengthen pipeline safety.
      Sec. 2. Actions to Expedite Energy-Related Projects. For energy-
    related projects (including pipeline safety projects), agencies
    shall expedite their review of permits or take other actions as
    necessary to accelerate the completion of such projects, while
    maintaining safety, public health, and environmental protections.
    The agencies shall take such actions to the extent permitted by law
    and regulation, and where appropriate.
      Sec. 3. Interagency Task Force. (a) There is established, within
    the Department of Energy for administrative purposes, an
    interagency task force (Task Force) to perform the following
    functions:
      (i) monitor and assist the agencies in their efforts to expedite
    their reviews of permits or similar actions, as necessary, to
    accelerate the completion of energy-related projects (including
    pipeline safety projects), increase energy production and
    conservation, and improve the transmission of energy;
      (ii) monitor and assist agencies in setting up appropriate
    mechanisms to coordinate Federal, State, tribal, and local
    permitting in geographic areas where increased permitting activity
    is expected; and
      (iii) perform the functions of the interagency committee for
    which section 60133 of title 49, United States Code, provides.
      (b)(i) The Task Force shall consist exclusively of the following
    members:
      (A) in the performance of all Task Force functions set out in
    sections 3(a)(i) and (ii) of this order, the Secretaries of State,
    the Treasury, Defense, Agriculture, Housing and Urban Development,
    Commerce, Transportation, the Interior, Labor, Education, Health
    and Human Services, Energy, and Veterans Affairs, the Attorney
    General, the Administrator of the Environmental Protection Agency,
    the Director of Central Intelligence, the Administrator of General
    Services, the Director of the Office of Management and Budget, the
    Chairman of the Council of Economic Advisers, the Assistant to the
    President for Domestic Policy, the Assistant to the President for
    Economic Policy, and such other heads of agencies as the Chairman
    of the Council on Environmental Quality may designate; and
      (B) in the performance of the functions to which section
    3(a)(iii) of this order refers, the officers listed in section
    60133(a)(2)(A)-(H) of title 49, United States Code, and such other
    representatives of Federal agencies with responsibilities relating
    to pipeline repair projects as the Chairman of the Council on
    Environmental Quality may designate.
      (ii) A member of the Task Force may designate, to perform the
    Task Force functions of the member, a full-time officer or employee
    of that member's agency or office.
      (c) The Chairman of the Council on Environmental Quality shall
    chair the Task Force.
      (d) Consultation in the implementation of this order with State
    and local officials and other persons who are not full-time or
    permanent part-time employees of the Federal Government shall be
    conducted in a manner that elicits fully the individual views of
    each official or other person consulted, without deliberations or
    efforts to achieve consensus on advice or recommendations.
      (e) This order shall be implemented in a manner consistent with
    the President's constitutional authority to supervise the unitary
    executive branch.
      Sec. 4. Judicial Review. Nothing in this order shall affect any
    otherwise available judicial review of agency action. This order is
    intended only to improve the internal management of the Federal
    Government and does not create any right or benefit, substantive or
    procedural, enforceable at law or equity by a party against the
    United States, its agencies or instrumentalities, its officers or
    employees, or any other person.
                                                         George W. Bush.

-End-

-CITE-
    42 USC SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
                SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL            

-End-

-CITE-
    42 USC Sec. 13211                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13211. Definitions

-STATUTE-
      For purposes of this subchapter, subchapter II of this chapter,
    and subchapter III of this chapter (unless otherwise specified) - 
        (1) the term "Administrator" means the Administrator of the
      Environmental Protection Agency;
        (2) the term "alternative fuel" means methanol, denatured
      ethanol, and other alcohols; mixtures containing 85 percent or
      more (or such other percentage, but not less than 70 percent, as
      determined by the Secretary, by rule, to provide for requirements
      relating to cold start, safety, or vehicle functions) by volume
      of methanol, denatured ethanol, and other alcohols with gasoline
      or other fuels; natural gas, including liquid fuels domestically
      produced from natural gas; liquefied petroleum gas; hydrogen;
      coal-derived liquid fuels; fuels (other than alcohol) derived
      from biological materials; electricity (including electricity
      from solar energy); and any other fuel the Secretary determines,
      by rule, is substantially not petroleum and would yield
      substantial energy security benefits and substantial
      environmental benefits;
        (3) the term "alternative fueled vehicle" means a dedicated
      vehicle or a dual fueled vehicle;
        (4) the term "comparable conventionally fueled motor vehicle"
      means a motor vehicle which is, as determined by the Secretary - 
          (A) commercially available at the time the comparability of
        the vehicle is being assessed;
          (B) powered by an internal combustion engine that utilizes
        gasoline or diesel fuel as its fuel source; and
          (C) provides passenger capacity or payload capacity the same
        or similar to the alternative fueled vehicle to which it is
        being compared;

        (5) "covered person" means a person that owns, operates,
      leases, or otherwise controls - 
          (A) a fleet that contains at least 20 motor vehicles that are
        centrally fueled or capable of being centrally fueled, and are
        used primarily within a metropolitan statistical area or a
        consolidated metropolitan statistical area, as established by
        the Bureau of the Census, with a 1980 population of 250,000 or
        more; and
          (B) at least 50 motor vehicles within the United States;

        (6) the term "dedicated vehicle" means - 
          (A) a dedicated automobile, as such term is defined in
        section 32901(a)(7) of title 49; or
          (B) a motor vehicle, other than an automobile, that operates
        solely on alternative fuel;

        (7) the term "domestic" means derived from resources within the
      several States, the District of Columbia, the Commonwealth of
      Puerto Rico, the United States Virgin Islands, Guam, American
      Samoa, the Commonwealth of the Northern Mariana Islands, or any
      other Commonwealth, territory, or possession of the United
      States, including the outer Continental Shelf, as such term is
      defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331
      et seq.], or from resources within a Nation with which there is
      in effect a free trade agreement requiring national treatment for
      trade;
        (8) the term "dual fueled vehicle" means - 
          (A) dual fueled automobile, as such term is defined in
        section 32901(a)(8) of title 49; or
          (B) a motor vehicle, other than an automobile, that is
        capable of operating on alternative fuel and is capable of
        operating on gasoline or diesel fuel;

        (9) the term "fleet" means a group of 20 or more light duty
      motor vehicles, used primarily in a metropolitan statistical area
      or consolidated metropolitan statistical area, as established by
      the Bureau of the Census, with a 1980 population of more than
      250,000, that are centrally fueled or capable of being centrally
      fueled and are owned, operated, leased, or otherwise controlled
      by a governmental entity or other person who owns, operates,
      leases, or otherwise controls 50 or more such vehicles, by any
      person who controls such person, by any person controlled by such
      person, and by any person under common control with such person,
      except that such term does not include - 
          (A) motor vehicles held for lease or rental to the general
        public;
          (B) motor vehicles held for sale by motor vehicle dealers,
        including demonstration motor vehicles;
          (C) motor vehicles used for motor vehicle manufacturer
        product evaluations or tests;
          (D) law enforcement motor vehicles;
          (E) emergency motor vehicles, including vehicles directly
        used in the emergency repair of transmission lines and in the
        restoration of electricity service following power outages, as
        determined by the Secretary;
          (F) motor vehicles acquired and used for military purposes
        that the Secretary of Defense has certified to the Secretary
        must be exempt for national security reasons;
          (G) nonroad vehicles, including farm and construction motor
        vehicles; or
          (H) motor vehicles which under normal operations are garaged
        at personal residences at night;

        (10) the term "fuel supplier" means - 
          (A) any person engaged in the importing, refining, or
        processing of crude oil to produce motor fuel;
          (B) any person engaged in the importation, production,
        storage, transportation, distribution, or sale of motor fuel;
        and
          (C) any person engaged in generating, transmitting,
        importing, or selling at wholesale or retail electricity;

        (11) the term "light duty motor vehicle" means a light duty
      truck or light duty vehicle, as such terms are defined under
      section 7550(7) of this title, of less than or equal to 8,500
      pounds gross vehicle weight rating;
        (12) the term "motor fuel" means any substance suitable as a
      fuel for a motor vehicle;
        (13) the term "motor vehicle" has the meaning given such term
      under section 7550(2) of this title; and
        (14) the term "replacement fuel" means the portion of any motor
      fuel that is methanol, ethanol, or other alcohols, natural gas,
      liquefied petroleum gas, hydrogen, coal derived liquid fuels,
      fuels (other than alcohol) derived from biological materials,
      electricity (including electricity from solar energy), ethers, or
      any other fuel the Secretary determines, by rule, is
      substantially not petroleum and would yield substantial energy
      security benefits and substantial environmental benefits.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 301, Oct. 24, 1992, 106 Stat.
    2866; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 122],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-229; Pub. L. 109-58, title
    VII, Sec. 707, Aug. 8, 2005, 119 Stat. 818.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title" meaning title III of Pub. L. 102-486, Oct. 24, 1992, 106
    Stat. 2866, which enacted this subchapter, amended section 6374 of
    this title, and repealed provisions set out as a note under section
    6374 of this title.
      Subchapter II of this chapter, referred to in text, was in the
    original "title IV" meaning title IV of Pub. L. 102-486, Oct. 24,
    1992, 106 Stat. 2875, which enacted subchapter II of this chapter,
    amended sections 6374a to 6374c of this title and sections 717,
    717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade,
    enacted provisions set out as notes under sections 79b and 717 of
    Title 15, and repealed provisions set out as a note under section
    717c of Title 15.
      The Outer Continental Shelf Lands Act, referred to in par. (7),
    is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
    classified generally to subchapter III (Sec. 1331 et seq.) of
    chapter 29 of Title 43, Public Lands. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1331 of Title 43 and Tables.

-COD-
                               CODIFICATION                           
      In pars. (6)(A) and (8)(A), "section 32901(a)(7) of title 49"
    substituted for "section 513(h)(1)(C) of the Motor Vehicle
    Information and Cost Savings Act" and "section 32901(a)(8) of title
    49" substituted for "section 513(h)(1)(D) of the Motor Vehicle
    Information and Cost Savings Act" on authority of Pub. L. 103-272,
    Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which
    enacted subtitles II, III, and V to X of Title 49, Transportation.

-MISC1-
                                AMENDMENTS                            
      2005 - Par. (9)(E). Pub. L. 109-58 inserted ", including vehicles
    directly used in the emergency repair of transmission lines and in
    the restoration of electricity service following power outages, as
    determined by the Secretary" before semicolon at end.
      2000 - Par. (2). Pub. L. 106-554 inserted ", including liquid
    fuels domestically produced from natural gas" after "natural gas".

-End-

-CITE-
    42 USC Sec. 13212                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13212. Minimum Federal fleet requirement

-STATUTE-
    (a) General requirements
      (1) The Federal Government shall acquire at least - 
        (A) 5,000 light duty alternative fueled vehicles in fiscal year
      1993;
        (B) 7,500 light duty alternative fueled vehicles in fiscal year
      1994; and
        (C) 10,000 light duty alternative fueled vehicles in fiscal
      year 1995.

      (2) The Secretary shall allocate the acquisitions necessary to
    meet the requirements under paragraph (1).
    (b) Percentage requirements
      (1) Of the total number of vehicles acquired by a Federal fleet,
    at least - 
        (A) 25 percent in fiscal year 1996;
        (B) 33 percent in fiscal year 1997;
        (C) 50 percent in fiscal year 1998; and
        (D) 75 percent in fiscal year 1999 and thereafter,

    shall be alternative fueled vehicles.
      (2) The Secretary, in consultation with the Administrator of
    General Services where appropriate, may permit a Federal fleet to
    acquire a smaller percentage than is required in paragraph (1), so
    long as the aggregate percentage acquired by all Federal fleets is
    at least equal to the required percentage.
      (3) For purposes of this subsection, the term "Federal fleet"
    means 20 or more light duty motor vehicles, located in a
    metropolitan statistical area or consolidated metropolitan
    statistical area, as established by the Bureau of the Census, with
    a 1980 population of more than 250,000, that are centrally fueled
    or capable of being centrally fueled and are owned, operated,
    leased, or otherwise controlled by or assigned to any Federal
    executive department, military department, Government corporation,
    independent establishment, or executive agency, the United States
    Postal Service, the Congress, the courts of the United States, or
    the Executive Office of the President. Such term does not include -
    
        (A) motor vehicles held for lease or rental to the general
      public;
        (B) motor vehicles used for motor vehicle manufacturer product
      evaluations or tests;
        (C) law enforcement vehicles;
        (D) emergency vehicles;
        (E) motor vehicles acquired and used for military purposes that
      the Secretary of Defense has certified to the Secretary must be
      exempt for national security reasons; or
        (F) nonroad vehicles, including farm and construction vehicles.
    (c) Allocation of incremental costs
      The General Services Administration and any other Federal agency
    that procures motor vehicles for distribution to other Federal
    agencies shall allocate the incremental cost of alternative fueled
    vehicles over the cost of comparable gasoline vehicles across the
    entire fleet of motor vehicles distributed by such agency.
    (d) Application of requirements
      The provisions of section 6374 of this title relating to the
    Federal acquisition of alternative fueled vehicles shall apply to
    the acquisition of vehicles pursuant to this section.
    (e) Resale
      The Administrator of General Services shall take all feasible
    steps to ensure that all alternative fueled vehicles sold by the
    Federal Government shall remain alternative fueled vehicles at time
    of sale.
    (f) Authorization of appropriations
      There are authorized to be appropriated for carrying out this
    section, such sums as may be necessary for fiscal years 1993
    through 1998, to remain available until expended.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 303, Oct. 24, 1992, 106 Stat.
    2871; Pub. L. 109-58, title VII, Sec. 702, Aug. 8, 2005, 119 Stat.
    815.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-58 substituted "shall" for "may".

-EXEC-
                         EXECUTIVE ORDER NO. 12844                     
      Ex. Ord. No. 12844, Apr. 21, 1993, 58 F.R. 21885, as amended by
    Ex. Ord. No. 12974, Sec. 3(b), Sept. 29, 1995, 60 F.R. 51876, which
    required the Federal Government to institute a Federal fleet
    vehicle acquisition program and established the Federal Fleet
    Conversion Task Force to advise on implementation of the program,
    was revoked by Ex. Ord. No. 13031, Sec. 9, Dec. 13, 1996, 61 F.R.
    66531, formerly set out below.

                         EXECUTIVE ORDER NO. 13031                     
      Ex. Ord. No. 13031, Dec. 13, 1996, 61 F.R. 66529, which provided
    that the Federal Government exercise leadership in the use of
    alternative fueled vehicles, was revoked by Ex. Ord. 13149, Sec.
    501, Apr. 21, 2000, 65 F.R. 24610, set out below.

     EX. ORD. NO. 13149. GREENING THE GOVERNMENT THROUGH FEDERAL FLEET
                       AND TRANSPORTATION EFFICIENCY
      Ex. Ord. No. 13149, Apr. 21, 2000, 65 F.R. 24607, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Energy
    Policy and Conservation Act, as amended (42 U.S.C. 6201 et seq.),
    the Energy Policy Act of 1992 (Public Law 102-486) [see Tables for
    classification], section 301 of title 3, United States Code, and
    the Energy Conservation Reauthorization Act of 1998 (Public Law 105-
    388) [see Short Title of 1998 Amendment note set out under 42
    U.S.C. 6201], it is hereby ordered as follows:

-MISC2-
                              PART 1 PREAMBLE                          
      Section 101. Federal Leadership. The purpose of this order is to
    ensure that the Federal Government exercises leadership in the
    reduction of petroleum consumption through improvements in fleet
    fuel efficiency and the use of alternative fuel vehicles (AFVs) and
    alternative fuels. Reduced petroleum use and the displacement of
    petroleum by alternative fuels will help promote markets for more
    alternative fuel and fuel efficient vehicles, encourage new
    technologies, enhance the United States' energy self-sufficiency
    and security, and ensure a healthier environment through the
    reduction of greenhouse gases and other pollutants in the
    atmosphere.

                               PART 2 GOALS                           
      Sec. 201. Reduced Petroleum Fuel Consumption. Each agency
    operating 20 or more motor vehicles within the United States shall
    reduce its entire vehicle fleet's annual petroleum consumption by
    at least 20 percent by the end of FY 2005, compared with FY 1999
    petroleum consumption levels.
      Sec. 202. Performance Strategies. Agencies have numerous options
    for developing a strategy to meet the petroleum reduction levels
    established in section 201 of this order. Measures include: the use
    of alternative fuels in light, medium, and heavy-duty vehicles; the
    acquisition of vehicles with higher fuel economy, including hybrid
    vehicles; the substitution of cars for light trucks; an increase in
    vehicle load factors; a decrease in vehicle miles traveled; and a
    decrease in fleet size. Each agency will need a strategy that
    includes most, if not all, of these measures, but can develop a
    strategy that fits its unique fleet configuration and mission
    requirements. As part of the strategy, each agency should attempt
    to accelerate the introduction of vehicles meeting Tier 2
    standards. Where feasible, agencies should also consider
    procurement of innovative vehicles, such as hybrid electric
    vehicles, capable of large improvements in fuel economy. The
    strategy should also attempt to minimize costs in achieving the
    objectives of this order. In developing its strategy, each agency
    shall include the following:
      (a) AFV Acquisition and Use of Alternative Fuels. Each agency
    shall fulfill the acquisition requirements for AFVs established by
    section 303 of the Energy Policy Act of 1992 [42 U.S.C. 13212].
    Agencies shall use alternative fuels to meet a majority of the fuel
    requirements of those motor vehicles by the end of FY 2005. Section
    402 of this order addresses related issues of alternative fuel
    infrastructure availability and the ability to track alternative
    fuel usage data; and
      (b) Acquisition of Higher Fuel Economy Vehicles. Agencies shall
    increase the average EPA fuel economy rating of passenger cars and
    light trucks acquired by at least 1 mile per gallon (mpg) by the
    end of FY 2002 and at least 3 mpg by the end of FY 2005 compared to
    FY 1999 acquisitions.

                  PART 3 ORGANIZATION AND ACCOUNTABILITY              
      Sec. 301. Leadership Responsibilities. The Office of Management
    and Budget (OMB), the Department of Energy (DOE), the Environmental
    Protection Agency (EPA), and the General Services Administration
    (GSA) shall be responsible for providing leadership to the other
    Federal agencies in implementing programs to meet the goals of this
    order. Therefore, they shall perform the following activities:
      (a) OMB shall:
        (1) designate a senior official to assume the responsibility
      for coordinating the collection of agency budget and data
      submissions pursuant to this order;
        (2) amend and issue budget guidance to the agencies that
      requires each agency to identify in its annual budget submission
      the funding necessary to meet the requirements of this order;
        (3) review annual agency budget submissions to determine
      adequacy in meeting the goal of this order and to balance
      requests for increased funding to support achievement of the
      goals against other mission priorities for the agency; and
        (4) review agency submissions for the annual report to the
      Congress, after budget decisions are made.
      (b) DOE shall:
        (1) issue guidance to agencies, within 90 days of the issuance
      of this order, on preparation and submission of agency strategies
      for complying with this order and the collection and annual
      reporting of data to demonstrate compliance with this order;
        (2) review and evaluate agency strategies prior to their
      submission to OMB;
        (3) provide OMB with copies of the agency strategy evaluations;
        (4) provide whatever other support OMB requires to facilitate
      performance of OMB's role;
        (5) establish the data collection and reporting system outlined
      in the DOE guidance for collecting annual agency performance data
      on meeting the goals of this order and other applicable statutes
      and policies;
        (6) educate personnel from other agencies on the requirements
      of this order, the data collection and reporting system, best
      practices for improving fleet fuel efficiency, and methods for
      successfully acquiring and using AFVs;
        (7) review agencies' annual data submissions for accuracy and
      produce a scorecard of agency and overall Federal compliance with
      this order and other applicable statutes and policies; and
        (8) report to the President annually on compliance with the
      order, including the scorecard and level of performance in
      meeting the goals of the agencies' strategies.
      (c) EPA shall support DOE and GSA in their efforts to assist the
    agencies in the accelerated purchase of Tier 2 vehicles.
      (d) GSA shall develop and implement strategies that will ease
    agencies' financial and administrative burdens associated with the
    acquisition of AFVs, including:
        (1) Agencies shall be allowed to replace their conventionally-
      fueled vehicles with AFVs by making an initial lump-sum payment
      for the additional acquisition cost of the AFV and shall be
      allowed to contribute to the higher replacement costs of the AFV
      incrementally over the term of the lease, and have the option of
      averaging AFV incremental costs across the agency fleet as
      provided by the Energy Policy Act of 1992.
        (2) Within 120 days of this order, the Administrator of GSA, in
      consultation with other agencies, shall:
          (A) provide a summary of agency AFV acquisition plans to
        potential AFV manufacturers to assist in their production
        planning. At least 4 months in advance of agency vehicle
        ordering cycles, GSA must provide to agencies the best
        available information on the production plans of AFV
        manufacturers;
          (B) develop, in coordination with DOE and EPA, methods that
        will help Federal fleet managers to select vehicles to improve
        fleet fuel efficiency and to meet Tier 2 vehicle standards; and
          (C) collaborate with its customer agencies and their
        procurement staff and officials to discuss and plan efforts to
        ensure that the GSA-leased fleet is making progress toward the
        goals of this order.
      Sec. 302. Designation of Senior Agency Official. Within 90 days
    of the date of this order, the head of each agency shall designate
    a senior official to assume responsibility for the agency's AFV and
    fleet fuel efficiency programs, and for meeting the requirements of
    this order. Each senior agency official designated by an agency
    shall be responsible for:
      (a) preparing an agency strategy for meeting the goals of this
    order, in accordance with guidance issued by DOE;
      (b) submitting the agency strategy to DOE within 180 days of the
    issuance of this order for evaluation and submission to OMB;
      (c) implementing the data collection and reporting system
    outlined in the DOE guidance for collecting annual agency
    performance data on meeting the goals of this order and reporting
    the data to DOE;
      (d) ensuring the agency's strategy for meeting the goals of this
    order is incorporated in the annual budget submission to OMB; and
      (e) assembling the appropriate team and resources in the agency
    necessary to attain the goals of this order.
      Sec. 303. Management and Government Performance. Agencies may use
    the following management strategies to assist them in meeting the
    goals of this order:
      (a) Awards. Agencies may use employee incentive programs to
    reward exceptional performance in implementing this order.
      (b) Performance Evaluations. Agencies shall, where appropriate,
    include successful implementation of the provisions of this order
    in the position descriptions and performance evaluations of agency
    heads, the senior official, fleet managers, their superiors, and
    other relevant employees.
      Sec. 304. Applicability. This order applies to each agency
    operating 20 or more motor vehicles within the United States.
    Agency means an executive agency as defined in 5 U.S.C. 105. For
    the purpose of this order, military departments, as defined in 5
    U.S.C. 102, are covered under the auspices of the Department of
    Defense.

                           PART 4 IMPLEMENTATION                       
      Sec. 401. Vehicle Reporting Credits. When preparing the annual
    report to DOE and OMB, each agency acquisition of an alternative
    fuel light-duty vehicle, regardless of geographic placement, shall
    count as one credit towards fulfilling the AFV acquisition
    requirements of the Energy Policy Act of 1992. Agencies shall
    receive one additional credit for each light-duty AFV that
    exclusively uses an alternative fuel and for each Zero Emission
    Vehicle of any size. Agencies shall receive three credits for
    dedicated medium-duty AFVs and four credits for dedicated heavy-
    duty AFVs. Agencies can also receive one credit for every 450
    gallons of pure bio-diesel used in diesel vehicles.
      Sec. 402. Infrastructure. To support the use of alternative fuel
    in AFVs, agencies should arrange for fueling at commercial
    facilities that offer alternative fuels for sale to the public.
      (a) Agencies should team with State, local, and private entities
    to support the expansion and use of public access alternative fuel
    refueling stations;
      (b) Agencies should use the authority granted to them in section
    304 of the Energy Policy Act of 1992 [42 U.S.C. 13213] to establish
    nonpublic access alternative fuel infrastructure for fueling
    Federal AFVs where public fueling is unavailable.
      (c) Agencies are encouraged to work with DOE and GSA to resolve
    alternative fuel usage tracking issues with alternative and
    petroleum fuel providers.
      Sec. 403. Procurement of Environmentally Preferable Motor Vehicle
    Products.
      (a) Consistent with Executive Order 13101 [42 U.S.C. 6961 note]
    and section 6002 of the Resource Conservation and Recovery Act
    (RCRA), 42 U.S.C. 6962, effective 6 months after the date of this
    order, no Federal agency shall purchase, sell, or arrange for the
    purchase of virgin petroleum motor vehicle lubricating oils when re-
    refined motor vehicle lubricating oils are reasonably available
    and meet the vehicle manufacturer's recommended performance
    standards.
      (b) Consistent with Executive Order 13101 and RCRA section 6962,
    in acquiring and maintaining motor vehicles, agencies shall acquire
    and use United States EPA-designated Comprehensive Procurement
    Guideline items, including but not limited to retread tires, when
    such products are reasonably available and meet applicable
    performance standards. In addition, Federal agencies should
    consider acquiring other recycled content products, such as tires
    containing a minimum of 5-10 percent post-consumer recovered
    rubber.
      (c) Consistent with Executive Order 13101, Federal agencies are
    encouraged to use biobased motor vehicle products when such
    products are reasonably available and meet applicable performance
    standards.

                         PART 5 GENERAL PROVISIONS                     
      Sec. 501. Revocation. Executive Order 13031 of December 13, 1996,
    is revoked.
      Sec. 502. Statutory Authority. Agencies must carry out the
    provisions of this order to the extent consistent with their
    statutory authority.
      Sec. 503. Limitations. This order is intended only to improve the
    internal management of the executive branch and is not intended to
    create any right, benefit, or trust responsibility, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies, its officers, or any other person.
      Sec. 504. Independent Agencies. Independent agencies and agencies
    excepted from coverage by section 304 are encouraged to comply with
    the provisions of this order.
      Sec. 505. Government-Owned Contractor-Operated Vehicles. Agencies
    must ensure that all Government-owned contractor-operated vehicles
    comply with all applicable goals and other requirements of this
    order and that these goals and requirements are incorporated into
    each contractor's management contract.
      Sec. 506. Exemptions for Military Tactical, Law Enforcement, and
    Emergency Vehicles. Department of Defense military tactical
    vehicles are exempt from this order. Law enforcement, emergency,
    and any other vehicle class or type determined by OMB, in
    consultation with DOE, are exempted from this order's requirements
    for Federal fleet fuel efficiency and alternative fuel vehicle
    acquisition. Agencies claiming vehicle exemptions must provide
    information on the number of each class or type of vehicle claimed
    as exempt as well as an estimate of total fuel consumption of
    exempt vehicles on an annual basis. Agencies should examine options
    for increasing fuel efficiency in these exempt vehicles and should
    report actions taken to increase fuel efficiency in these vehicles
    or fleets. All information required by this section must be
    submitted annually under Part 3 of this order.
      Sec. 507. Compliance. (a) If an agency fails to meet requirements
    of the Energy Policy Act of 1992 or this order, its report to the
    DOE and OMB under section 302(c) must include an explanation for
    such failure and an updated strategy for achieving compliance using
    the agency's current and requested budgets.
      (b) OMB, in consultation with DOE, may modify the compliance
    requirements for an agency under Part 2 of this order, if the
    agency is unable to comply with the requirements of that part. An
    agency requesting modification must show that it has made
    substantial good faith efforts to comply with that part. The
    availability and costs of alternative fuels and AFVs can be a
    factor in OMB's decision to modify the agency's compliance with
    Part 2 of this order.
      Sec. 508. Definitions. Terms used in this order shall have the
    same definitions as those in the Energy Policy Act of 1992 [see 42
    U.S.C. 13211] and Executive Order 13101 [42 U.S.C. 6961 note],
    unless specifically changed in guidance to be issued by DOE under
    section 301(b) of this order.
                                                     William J. Clinton.

-End-

-CITE-
    42 USC Sec. 13213                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13213. Refueling

-STATUTE-
    (a) In general
      Federal agencies shall, to the maximum extent practicable,
    arrange for the fueling of alternative fueled vehicles acquired
    under section 13212 of this title at commercial fueling facilities
    that offer alternative fuels for sale to the public. If publicly
    available fueling facilities are not convenient or accessible to
    the location of Federal alternative fueled vehicles purchased under
    section 13212 of this title, Federal agencies are authorized to
    enter into commercial arrangements for the purposes of fueling
    Federal alternative fueled vehicles, including, as appropriate,
    purchase, lease, contract, construction, or other arrangements in
    which the Federal Government is a participant.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section such sums as may be necessary for fiscal
    years 1993 through 1998, to remain available until expended.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 304, Oct. 24, 1992, 106 Stat.
    2872.)

-End-

-CITE-
    42 USC Sec. 13214                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13214. Federal agency promotion, education, and coordination

-STATUTE-
    (a) Promotion and education
      The Secretary, in cooperation with the Administrator of General
    Services, shall promote programs and educate officials and
    employees of Federal agencies on the merits of alternative fueled
    vehicles. The Secretary, in cooperation with the Administrator of
    General Services, shall provide and disseminate information to
    Federal agencies on - 
        (1) the location of refueling and maintenance facilities
      available to alternative fueled vehicles in the Federal fleet;
        (2) the range and performance capabilities of alternative
      fueled vehicles;
        (3) State and local government and commercial alternative
      fueled vehicle programs;
        (4) Federal alternative fueled vehicle purchases and
      placements;
        (5) the operation and maintenance of alternative fueled
      vehicles in accordance with the manufacturer's standards and
      recommendations; and
        (6) incentive programs established pursuant to sections 13215
      and 13216 of this title.
    (b) Assistance in procurement and placement
      The Secretary, in cooperation with the Administrator of General
    Services, shall provide guidance, coordination and technical
    assistance to Federal agencies in the procurement and geographic
    location of alternative fueled vehicles purchased through the
    Administrator of General Services. The procurement and geographic
    location of such vehicles shall comply with the purchase
    requirements under section 13212 of this title.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 305, Oct. 24, 1992, 106 Stat.
    2872.)

-End-

-CITE-
    42 USC Sec. 13215                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13215. Agency incentives program

-STATUTE-
    (a) Reduction in rates
      To encourage and promote use of alternative fueled vehicles in
    Federal agencies, the Administrator of General Services may offer a
    reduction in fees charged to agencies for the lease of alternative
    fueled vehicles below those fees charged for the lease of
    comparable conventionally fueled motor vehicles.
    (b) Sunset provision
      This section shall cease to be effective 3 years after October
    24, 1992.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 306, Oct. 24, 1992, 106 Stat.
    2873.)

-End-

-CITE-
    42 USC Sec. 13216                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13216. Recognition and incentive awards program

-STATUTE-
    (a) Awards program
      The Administrator of General Services shall establish annual
    awards program to recognize those Federal employees who demonstrate
    the strongest commitment to the use of alternative fuels and fuel
    conservation in Federal motor vehicles.
    (b) Criteria
      The Administrator of General Services shall provide annual awards
    to Federal employees who best demonstrate a commitment - 
        (1) to the success of the Federal alternative fueled vehicle
      program through - 
          (A) exemplary promotion of alternative fueled vehicle use
        within Federal agencies;
          (B) proper alternative fueled vehicle care and maintenance;
          (C) coordination with Federal, State, and local efforts;
          (D) innovative alternative fueled vehicle procurement,
        refueling, and maintenance arrangements with commercial
        entities;
          (E) making regular requests for alternative fueled vehicles
        for agency use; and
          (F) maintaining a high number of alternative fueled vehicles
        used relative to comparable conventionally fueled motor
        vehicles used; and

        (2) to fuel efficiency in Federal motor vehicle use through the
      promotion of such measures as increased use of fuel-efficient
      vehicles, carpooling, ride-sharing, regular maintenance, and
      other conservation and awareness measures.
    (c) Authorization of appropriations
      There are authorized to be appropriated for the purpose of
    carrying out this section not more than $35,000 for fiscal year
    1994 and such sums as may be necessary for each of the fiscal years
    1995 and 1996.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 307, Oct. 24, 1992, 106 Stat.
    2873.)

-End-

-CITE-
    42 USC Sec. 13217                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13217. Measurement of alternative fuel use

-STATUTE-
      The Administrator of General Services shall use such means as may
    be necessary to measure the percentage of alternative fuel use in
    dual-fueled vehicles procured by the Administrator of General
    Services. Not later than one year after October 24, 1992, the
    Secretary, in consultation with the Administrator of General
    Services, shall issue guidelines to Federal agencies for use in
    measuring the aggregate percentage of alternative fuel use in dual-
    fueled vehicles in their fleets.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 308, Oct. 24, 1992, 106 Stat.
    2874.)

-End-

-CITE-
    42 USC Sec. 13218                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13218. Reports

-STATUTE-
    (a) Omitted
    (b) Compliance report
      (1) In general
        Not later than February 15, 2006, and annually thereafter for
      the next 14 years, the head of each Federal agency which is
      subject to this Act and Executive Order No. 13031 shall prepare,
      and submit to Congress, a report that - 
          (A) summarizes the compliance by such Federal agency with the
        alternative fuel purchasing requirements for Federal fleets
        under this Act and Executive Order No. 13031; and
          (B) includes a plan of compliance that contains specific
        dates for achieving compliance using reasonable means.
      (2) Contents
        (A) In general
          Each report submitted under paragraph (1) shall include - 
            (i) any information on any failure to meet statutory
          requirements or requirements under Executive Order No. 13031;
            (ii)(I) any plan of compliance that the agency head is
          required to submit under Executive Order No. 13031; or
            (II) if a plan of compliance referred to in subclause (I)
          does not contain specific dates by which the Federal agency
          is to achieve compliance, a revised plan of compliance that
          contains specific dates for achieving compliance; and
            (iii) any related information the agency head is required
          to submit to the Director of the Office of Management and
          Budget under Executive Order No. 13031.
        (B) Penultimate report
          The penultimate report submitted under paragraph (1) shall
        include an announcement that the report for the next year shall
        be the final report submitted under paragraph (1).
      (3) Public dissemination of report
        Each report submitted under paragraph (1) shall be made public,
      including - 
          (A) placing such report on a publicly available website on
        the Internet; and
          (B) publishing the availability of the report, including such
        website address, in the Federal Register.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 310, Oct. 24, 1992, 106 Stat.
    2874; Pub. L. 105-388, Sec. 8(a), Nov. 13, 1998, 112 Stat. 3481;
    Pub. L. 109-58, title VII, Sec. 705, Aug. 8, 2005, 119 Stat. 817.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b)(1), is Pub. L. 102-486, Oct.
    24, 1992, 102 Stat. 2776, known as the Energy Policy Act of 1992.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 13201 of this title and Tables.
      Executive Order No. 13031, referred to in subsec. (b)(1), (2)(A),
    was Ex. Ord. No. 13031, Dec. 13, 1996, 61 F.R. 66529, which was set
    out as a note under section 13212 of this title prior to revocation
    by Ex. Ord. No. 13149, Sec. 501, Apr. 21, 2000, 65 F.R. 24610, set
    out as a note under section 13212 of this title.

-COD-
                               CODIFICATION                           
      Subsec. (a) of this section, which required the Administrator of
    General Services to report biennially to Congress on the General
    Services Administration's alternative fueled vehicle program under
    the Energy Policy Act of 1992, terminated, effective May 15, 2000,
    pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance. See,
    also, the 4th item on page 173 of House Document No. 103-7.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(1). Pub. L. 109-58 substituted "February 15,
    2006" for "1 year after November 13, 1998" in introductory
    provisions.
      1998 - Pub. L. 105-388 substituted "Reports" for "General
    Services Administration report" in section catchline, designated
    existing provisions as subsec. (a) and inserted heading, and added
    subsec. (b).

-End-

-CITE-
    42 USC Sec. 13219                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13219. United States Postal Service

-STATUTE-
    (a) Omitted
    (b) Coordination
      To the maximum extent practicable, the Postmaster General shall
    coordinate the Postal Service's alternative fueled vehicle
    procurement, placement, refueling, and maintenance programs with
    those at the Federal, State, and local level. The Postmaster
    General shall communicate, share, and disseminate, on a regular
    basis, information on such programs with the Secretary, the
    Administrator of General Services, and heads of appropriate Federal
    agencies.
    (c) Program criteria
      The Postmaster General shall consider the following criteria in
    the procurement and placement of alternative fueled vehicles:
        (1) The procurement plans of State and local governments and
      other public and private institutions.
        (2) The current and future availability of refueling and repair
      facilities.
        (3) The reduction in emissions of the Postal fleet.
        (4) Whether the vehicle is to be used in a nonattainment area
      as specified in the Clean Air Act Amendments of 1990.
        (5) The operational requirements of the Postal fleet.
        (6) The contribution to the reduction in the consumption of oil
      in the transportation sector.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 311, Oct. 24, 1992, 106 Stat.
    2874.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act Amendments of 1990, referred to in subsec.
    (c)(4), probably means Pub. L. 101-549, Nov. 15, 1990, 104 Stat.
    2399. For complete classification of this Act to the Code, see
    Short Title of 1990 Amendment note set out under section 7401 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      Subsec. (a) of this section, which required the Postmaster
    General to biennially submit to Congress a report on the Postal
    Service's alternative fueled vehicle program, terminated, effective
    May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance. See, also, the 15th item on page 194 of House Document
    No. 103-7.

-End-

-CITE-
    42 USC Sec. 13220                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER I - ALTERNATIVE FUELS - GENERAL

-HEAD-
    Sec. 13220. Biodiesel fuel use credits

-STATUTE-
    (a) Allocation of credits
      (1) In general
        The Secretary shall allocate one credit under this section to a
      fleet or covered person for each qualifying volume of the
      biodiesel component of fuel containing at least 20 percent
      biodiesel by volume purchased after the date of the enactment of
      this section, for use by the fleet or covered person in vehicles
      owned or operated by the fleet or covered person that weigh more
      than 8,500 pounds gross vehicle weight rating.
      (2) Exceptions
        No credits shall be allocated under paragraph (1) for a
      purchase of biodiesel - 
          (A) for use in alternative fueled vehicles; or
          (B) that is required by Federal or State law.
      (3) Authority to modify percentage
        The Secretary may, by rule, lower the 20 percent biodiesel
      volume requirement in paragraph (1) for reasons related to cold
      start, safety, or vehicle function considerations.
      (4) Documentation
        A fleet or covered person seeking a credit under this section
      shall provide written documentation to the Secretary supporting
      the allocation of a credit to such fleet or covered person under
      paragraph (1).
    (b) Use of credits
      (1) In general
        At the request of a fleet or covered person allocated a credit
      under subsection (a) of this section, the Secretary shall, for
      the year in which the purchase of a qualifying volume is made,
      treat that purchase as the acquisition of one alternative fueled
      vehicle the fleet or covered person is required to acquire under
      this subchapter, subchapter II of this chapter, or subchapter III
      of this chapter.
      (2) Limitation
        Credits allocated under subsection (a) of this section may not
      be used to satisfy more than 50 percent of the alternative fueled
      vehicle requirements of a fleet or covered person under this
      subchapter, subchapter II of this chapter, and subchapter III of
      this chapter. This paragraph shall not apply to a fleet or
      covered person that is a biodiesel alternative fuel provider
      described in section 13251(a)(2)(A) of this title.
    (c) Credit not a section 13258 credit
      A credit under this section shall not be considered a credit
    under section 13258 of this title.
    (d) Issuance of rule
      The Secretary shall, before January 1, 1999, issue a rule
    establishing procedures for the implementation of this section.
    (e) Collection of data
      The Secretary shall collect such data as are required to make a
    determination described in subsection (f)(2)(B) of this section.
    (f) Definitions
      For purposes of this section - 
        (1) the term "biodiesel" - 
          (A) means a diesel fuel substitute produced from nonpetroleum
        renewable resources that meets the registration requirements
        for fuels and fuel additives established by the Environmental
        Protection Agency under section 7545 of this title;
          (B) includes biodiesel derived from - 
            (i) animal wastes, including poultry fats and poultry
          wastes, and other waste materials; or
            (ii) municipal solid waste and sludges and oils derived
          from wastewater and the treatment of wastewater; and

        (2) the term "qualifying volume" means - 
          (A) 450 gallons; or
          (B) if the Secretary determines by rule that the average
        annual alternative fuel use in light duty vehicles by fleets
        and covered persons exceeds 450 gallons or gallon equivalents,
        the amount of such average annual alternative fuel use.

-SOURCE-
    (Pub. L. 102-486, title III, Sec. 312, as added Pub. L. 105-277,
    div. A, Sec. 101(a) [title XII, Sec. 1201(a)], Oct. 21, 1998, 112
    Stat. 2681, 2681-48; Pub. L. 105-388, Sec. 7(a), Nov. 13, 1998, 112
    Stat. 3480; Pub. L. 109-58, title XV, Sec. 1515, Aug. 8, 2005, 119
    Stat. 1091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this section, referred to in subsec.
    (a)(1), probably means October 21, 1998, the date of the enactment
    of this section by Pub. L. 105-277, rather than Nov. 13, 1998, the
    date of the enactment of this section by Pub. L. 105-388.

-COD-
                               CODIFICATION                           
      Pub. L. 105-277 and Pub. L. 105-388 enacted identical sections.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (f)(1). Pub. L. 109-58 inserted dash after "
    'biodiesel' ", designated remainder of existing provisions as
    subpar. (A), and added subpar. (B).

-End-

-CITE-
    42 USC SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL
           PROGRAMS                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
         SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS     

-End-

-CITE-
    42 USC Sec. 13231                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13231. Public information program

-STATUTE-
      The Secretary, in consultation with appropriate Federal agencies
    and individuals and organizations with practical experience in the
    production and use of alternative fuels and alternative fueled
    vehicles, shall, for the purposes of promoting the use of
    alternative fuels and alternative fueled vehicles, establish a
    public information program on the benefits and costs of the use of
    alternative fuels in motor vehicles. Within 18 months after October
    24, 1992, the Secretary shall produce and make available an
    information package for consumers to assist them in choosing among
    alternative fuels and alternative fueled vehicles. Such information
    package shall provide relevant and objective information on motor
    vehicle characteristics and fuel characteristics as compared to
    gasoline, on a life cycle basis, including environmental
    performance, energy efficiency, domestic content, cost, maintenance
    requirements, reliability, and safety. Such information package
    shall also include information with respect to the conversion of
    conventional motor vehicles to alternative fueled vehicles. The
    Secretary shall include such other information as the Secretary
    determines is reasonable and necessary to help promote the use of
    alternative fuels in motor vehicles. Such information package shall
    be updated annually to reflect the most recent available
    information.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 405, Oct. 24, 1992, 106 Stat.
    2880.)

-End-

-CITE-
    42 USC Sec. 13232                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13232. Labeling requirements

-STATUTE-
    (a) Establishment of requirements
      The Federal Trade Commission, in consultation with the Secretary,
    the Administrator of the Environmental Protection Agency, and the
    Secretary of Transportation, shall, within 18 months after October
    24, 1992, issue a notice of proposed rulemaking for a rule to
    establish uniform labeling requirements, to the greatest extent
    practicable, for alternative fuels and alternative fueled vehicles,
    including requirements for appropriate information with respect to
    costs and benefits, so as to reasonably enable the consumer to make
    choices and comparisons. Required labeling under the rule shall be
    simple and, where appropriate, consolidated with other labels
    providing information to the consumer. In formulating the rule, the
    Federal Trade Commission shall give consideration to the problems
    associated with developing and publishing useful and timely cost
    and benefit information, taking into account lead time, costs, the
    frequency of changes in costs and benefits that may occur, and
    other relevant factors. The Commission shall obtain the views of
    affected industries, consumer organizations, Federal and State
    agencies, and others in formulating the rule. A final rule shall be
    issued within 1 year after the notice of proposed rulemaking is
    issued. Such rule shall be updated periodically to reflect the most
    recent available information.
    (b) Technical assistance and coordination
      The Secretary shall provide technical assistance to the Federal
    Trade Commission in developing labeling requirements under
    subsection (a) of this section. The Secretary shall coordinate
    activities under this section with activities under section 13231
    of this title.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 406, Oct. 24, 1992, 106 Stat.
    2880.)

-End-

-CITE-
    42 USC Sec. 13233                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13233. Data acquisition program

-STATUTE-
      (a) Not later than one year after October 24, 1992, the
    Secretary, through the Energy Information Administration, and in
    cooperation with appropriate State, regional, and local
    authorities, shall establish a data collection program to be
    conducted in at least 5 geographically and climatically diverse
    regions of the United States for the purpose of collecting data
    which would be useful to persons seeking to manufacture, convert,
    sell, own, or operate alternative fueled vehicles or alternative
    fueling facilities. Such data shall include - 
        (1) identification of the number and types of motor vehicle
      trips made daily and miles driven per trip, including commuting,
      business, and recreational trips;
        (2) the projections of the Secretary as to the most likely
      combination of alternative fueled vehicle use and other forms of
      transit, including rail and other forms of mass transit;
        (3) cost, performance, environmental, energy, and safety data
      on alternative fuels and alternative fueled vehicles; and
        (4) other appropriate demographic information and consumer
      preferences.

      (b) The Secretary shall consult with interested parties,
    including other appropriate Federal agencies, manufacturers, public
    utilities, owners and operators of fleets of light duty motor
    vehicles, and State or local governmental entities, to determine
    the types of data to be collected and analyzed under subsection (a)
    of this section.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 407, Oct. 24, 1992, 106 Stat.
    2881.)

-End-

-CITE-
    42 USC Sec. 13234                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13234. Federal Energy Regulatory Commission authority to
      approve recovery of certain expenses in advance

-STATUTE-
    (a) Natural gas motor vehicles
      The Federal Energy Regulatory Commission may, under section 717c
    of title 15, allow recovery of expenses in advance by natural-gas
    companies for research, development, and demonstration activities
    by the Gas Research Institute for projects on the use of natural
    gas, including fuels derived from natural gas, for transportation,
    and projects on the use of natural gas to control pollutants and to
    control emissions from the combustion of other fuels, if the
    Commission finds that the benefits, including environmental
    benefits, to existing and future ratepayers resulting from such
    activities exceed all direct costs to existing and future
    ratepayers. To the maximum extent practicable, through the
    establishment of cofunding requirements applicable to such
    projects, the Commission shall ensure that the costs of such
    activities shall be provided in part, through contributions of
    cash, personnel, services, equipment, and other resources, by
    sources other than the recovery of expenses pursuant to this
    section.
    (b) Electric motor vehicles
      The Federal Energy Regulatory Commission may, under section 824d
    of title 16, allow recovery of expenses in advance by electric
    utilities for research, development, and demonstration activities
    by the Electric Power Research Institute for projects on electric
    motor vehicles, if the Commission finds that the benefits,
    including environmental benefits, to existing and future ratepayers
    resulting from such activities exceed all direct costs to existing
    and future ratepayers. To the maximum extent practicable, through
    the establishment of cofunding requirements applicable to each
    project, the costs of such activities shall be provided, in part,
    through contributions of cash, personnel, services, equipment, and
    other resources, by sources other than the recovery of expenses
    pursuant to this section.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 408, Oct. 24, 1992, 106 Stat.
    2881.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 408 of Pub. L. 102-486. Subsec.
    (c) of section 408 of Pub. L. 102-486 repealed provisions of title
    III of Pub. L. 102-104, formerly set out as a note under section
    717c of Title 15, Commerce and Trade.

-End-

-CITE-
    42 USC Sec. 13235                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13235. State and local incentives programs

-STATUTE-
    (a) Establishment of program
      (1) The Secretary shall, within one year after October 24, 1992,
    issue regulations establishing guidelines for comprehensive State
    alternative fuels and alternative fueled vehicle incentives and
    program plans designed to accelerate the introduction and use of
    such fuels and vehicles. Such guideline (!1) shall address the
    development, modification, and implementation of such State plans
    and shall describe those program elements, as described in
    paragraph (3), to be addressed in such plans.

      (2) The Secretary, after consultation with the Secretary of
    Transportation and the Administrator of the Environmental
    Protection Agency, shall invite the Governor of each State to
    submit to the Secretary a State plan within one year after the
    effective date of the regulations issued under paragraph (1). Such
    plan shall include - 
        (A) provisions designed to result in scheduled progress toward,
      and achievement of, the goal of introducing substantial numbers
      of alternative fueled vehicles in such State by the year 2000;
      and
        (B) a detailed description of the requirements, including the
      estimated cost of implementation, of such plan.

      (3) Each proposed State plan, in order to be eligible for Federal
    assistance under this section, shall describe the manner in which
    coordination shall be achieved with Federal and local governmental
    entities in implementing such plan, and shall include an
    examination of - 
        (A) exemption from State sales tax or other State or local
      taxes or surcharges (other than such taxes or surcharges which
      are dedicated for transportation purposes) with respect to
      alternative fueled vehicles, alternative fuels, or alternative
      fueling facilities;
        (B) the introduction of alternative fueled vehicles into State-
      owned or operated motor vehicle fleets;
        (C) special parking at public buildings and airport and
      transportation facilities;
        (D) programs of public education to promote the use of
      alternative fueled vehicles;
        (E) the treatment of sales of alternative fuels for use in
      alternative fueled vehicles;
        (F) methods by which State and local governments might
      facilitate - 
          (i) the availability of alternative fuels; and
          (ii) the ability to recharge electric motor vehicles at
        public locations;

        (G) allowing public utilities to include in rates the
      incremental cost of - 
          (i) new alternative fueled vehicles;
          (ii) converting conventional vehicles to operate on
        alternative fuels; and
          (iii) installing alternative fuel fueling facilities,

      but only to the extent that the inclusion of such costs in rates
      would not create competitive disadvantages for other market
      participants, and taking into consideration the effect inclusion
      of such costs would have on rates, service, and reliability to
      other utility customers;
        (H) such other programs and incentives as the State may
      describe;
        (I) whether accomplishing any of the goals in this subsection
      would require amendment to State law or regulation, including
      traffic safety prohibitions;
        (J) services provided by municipal, county, and regional
      transit authorities; and
        (K) effects of such plan on programs authorized by the
      Intermodal Surface Transportation Efficiency Act of 1991 and
      amendments made by that Act.
    (b) Federal assistance to States
      (1) Upon request of the Governor of any State with a plan
    approved under this section, the Secretary may provide to such
    State - 
        (A) information and technical assistance, including model State
      laws and proposed regulations relating to alternative fueled
      vehicles;
        (B) grants of Federal financial assistance for the purpose of
      assisting such State in the implementation of such plan or any
      part thereof; and
        (C) grants of Federal financial assistance for the acquisition
      of alternative fueled vehicles.

      (2) In determining whether to approve a State plan submitted
    under subsection (a) of this section, and in determining the amount
    of Federal financial assistance, if any, to be provided to any
    State under this subsection, the Secretary shall take into account -
     
        (A) the energy-related and environmental-related impacts, on a
      life cycle basis, of the introduction and use of alternative
      fueled vehicles included in the plan compared to conventional
      motor vehicles;
        (B) the number of alternative fueled vehicles likely to be
      introduced by the year 2000, as a result of successful
      implementation of the plan; and
        (C) such other factors as the Secretary considers appropriate.

      (3) The Secretary, in consultation with the Administrator of
    General Services, shall provide assistance to States in procuring
    alternative fueled vehicles, including coordination with Federal
    procurements of such vehicles.
      (4) The Secretary may not approve a State plan submitted under
    subsection (a) of this section unless the State agrees to provide
    at least 20 percent of the cost of activities for which assistance
    is provided under paragraph (1).
    (c) General provisions
      (1) In carrying out this section, the Secretary shall consult
    with the Secretary of Transportation on matters relating to
    transportation and with other appropriate Federal and State
    departments and agencies.
      (2) The Secretary shall report annually to the President and the
    Congress, and shall furnish copies of such report to the Governor
    of each State participating in the program, on the operation of the
    program under this section. Such report shall include - 
        (A) an estimate of the number of alternative fueled vehicles in
      use in each State;
        (B) the degree of each State's participation in the program;
        (C) a description of Federal, State, and local programs
      undertaken in the various States, whether pursuant to a State
      plan under this section or not, to provide incentives for
      introduction of alternative fueled vehicles;
        (D) an estimate of the energy and environmental benefits of the
      program; and
        (E) the recommendations of the Secretary, if any, for
      additional action by the Federal Government.
    (d) Definitions
      For the purposes of this section, the following definitions
    apply:
      (1) Governor
        The term "Governor" means the chief executive of a State.
      (2) State
        The term "State" means each of the several States, the District
      of Columbia, the Commonwealth of Puerto Rico, the United States
      Virgin Islands, Guam, American Samoa, the Commonwealth of the
      Northern Mariana Islands, and any other Commonwealth, territory,
      or possession of the United States.
    (e) Authorization of appropriations
      There are authorized to be appropriated for carrying out this
    section, $10,000,000 for each of the 5 fiscal years beginning after
    October 24, 1992.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 409, Oct. 24, 1992, 106 Stat.
    2882.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Intermodal Surface Transportation Efficiency Act of 1991,
    referred to in subsec. (a)(3)(K), is Pub. L. 102-240, Dec. 18,
    1991, 105 Stat. 1914. For complete classification of this Act to
    the Code, see Short Title of 1991 Amendment note set out under
    section 101 of Title 49, Transportation, and Tables.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (c)(2) of this section relating to annual reports to Congress, see
    section 3003 of Pub. L. 104-66, as amended, set out as a note under
    section 1113 of Title 31, Money and Finance, and the 8th item on
    page 86 of House Document No. 103-7.

-FOOTNOTE-
    (!1) So in original. Probably should be "guidelines".

-End-

-CITE-
    42 USC Sec. 13236                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13236. Alternative fuel bus program

-STATUTE-
    (a) Cooperative agreements and joint ventures
      (1) The Secretary of Transportation, in consultation with the
    Secretary, may enter into cooperative agreements and joint ventures
    proposed by any municipal, county, or regional transit authority in
    an urban area with a population over 100,000 (according to latest
    available census information) to demonstrate the feasibility of
    commercial application, including safety of specific vehicle
    design, of using alternative fuels for urban buses and other motor
    vehicles used for mass transit.
      (2) The cooperative agreements and joint ventures under paragraph
    (1) may include interested or affected private firms willing to
    provide assistance in cash, or in kind, for any such demonstration.
      (3) Federal assistance provided under cooperative agreements and
    joint ventures entered into under paragraph (1) to demonstrate the
    feasibility of commercial application of using alternative fuels
    for urban buses shall be in addition to Federal assistance provided
    under any other law for such purpose.
    (b) Limitations
      (1) The Secretary of Transportation may not enter into
    cooperative agreement or joint venture under subsection (a) of this
    section with any municipal, county, or regional transit authority,
    unless such government body agrees to provide 20 percent of the
    costs of such demonstration.
      (2) The Secretary of Transportation may grant such priority under
    this section to any entity that demonstrates that the use of
    alternative fuels for transportation would have a significant
    beneficial effect on the environment.
    (c) School buses
      The Secretary of Transportation may also provide, in accordance
    with such rules as he may prescribe, financial assistance to any
    agency, municipality, or political subdivision in an urban area
    referred to in subsection (a) of this section, of any State or the
    District of Columbia for the purpose of meeting the incremental
    costs of school buses that are dedicated vehicles and used
    regularly for such transportation during the school term. Such
    costs may include the purchase and installation of alternative fuel
    refueling facilities to be used for school bus refueling, and the
    conversion of school buses to dedicated vehicles. The Secretary of
    Transportation may provide such assistance directly to a person who
    is a contractor of such agency, municipality, or political
    subdivision, upon the request of the agency, municipality, or
    political subdivision, and who, under such contract, provides for
    such transportation. Any conversion under this subsection shall
    comply with the warranty and safety requirements for alternative
    fuel conversions contained in section 7587 (!1) of this title.

    (d) Authorization of appropriations
      There are authorized to be appropriated not more than $30,000,000
    for each of the fiscal years 1993, 1994, and 1995 for purposes of
    this section.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 410, Oct. 24, 1992, 106 Stat.
    2884.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7587 of this title, referred to in subsec. (c), was in
    the original "section 247 of the Clean Air Act Amendments of 1990",
    Pub. L. 101-549, and was translated as reading "section 247 of the
    Clean Air Act", meaning section 247 of act July 14, 1955, ch. 360,
    title II, as added Nov. 15, 1990, Pub. L. 101-549, title II, Sec.
    229(a), 104 Stat. 2523, to reflect the probable intent of Congress,
    because the Clean Air Act Amendments of 1990 does not contain a
    section 247, and section 247 of the Clean Air Act relates to
    alternate fuel conversions for vehicles.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 13237                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13237. Certification of training programs

-STATUTE-
      The Secretary shall ensure that the Federal Government
    establishes and carries out a program for the certification of
    training programs for technicians who are responsible for motor
    vehicle installation of equipment that converts gasoline or diesel-
    fueled motor vehicles into dedicated vehicles or dual fueled
    vehicles, and for the maintenance of such converted motor vehicles.
    A training program shall not be certified under the program
    established under this section unless it provides technicians with
    instruction on the proper and safe installation procedures and
    techniques, adherence to specifications (including original
    equipment manufacturer specifications), motor vehicle operating
    procedures, emissions testing, and other appropriate mechanical
    concerns applicable to these motor vehicle conversions. The
    Secretary shall ensure that, in the development of the program
    required under this section, original equipment manufacturers, fuel
    suppliers, companies that convert conventional vehicles to use
    alternative fuels, and other affected persons are consulted.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 411, Oct. 24, 1992, 106 Stat.
    2885.)

-End-

-CITE-
    42 USC Sec. 13238                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13238. Alternative fuel use in nonroad vehicles and engines

-STATUTE-
    (a) Nonroad vehicles and engines
      (1) The Secretary shall conduct a study to determine whether the
    use of alternative fuels in nonroad vehicles and engines would
    contribute substantially to reduced reliance on imported energy
    sources. Such study shall be completed, and the results thereof
    reported to Congress, within 2 years after October 24, 1992.
      (2) The study shall assess the potential of nonroad vehicles and
    engines to run on alternative fuels. Taking into account the
    nonroad vehicles and engines for which running on alternative fuels
    is feasible, the study shall assess the potential reduction in
    reliance on foreign energy sources that could be achieved if such
    vehicles were to run on alternative fuels.
      (3) The report required under paragraph (1) may include the
    Secretary's recommendations for encouraging or requiring nonroad
    vehicles and engines which can feasibly be run on alternative
    fuels, to utilize such alternative fuels.
    (b) Definition of nonroad vehicles and engines
      Nonroad vehicles and engines, for purposes of this section, shall
    include nonroad vehicles and engines used for surface
    transportation or principally for industrial or commercial
    purposes, vehicles used for rail transportation, vehicles used at
    airports, vehicles or engines used for marine purposes, and other
    vehicles or engines at the discretion of the Secretary.
    (c) Designation
      Upon completion of the study required pursuant to subsection (a)
    of this section, the Secretary may designate such vehicles and
    engines as qualifying for loans pursuant to section 13239 of this
    title.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 412, Oct. 24, 1992, 106 Stat.
    2886.)

-End-

-CITE-
    42 USC Sec. 13239                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER II - ALTERNATIVE FUELS - NON-FEDERAL PROGRAMS

-HEAD-
    Sec. 13239. Low interest loan program

-STATUTE-
    (a) Establishment
      Within 1 year after October 24, 1992, the Secretary shall
    establish a program for making low interest loans, giving
    preference to small businesses that own or operate fleets, for - 
        (1) the conversion of motor vehicles to operation on
      alternative fuels;
        (2) covering the incremental costs of the purchase of motor
      vehicles which operate on alternative fuels, when compared with
      purchase costs of comparable conventionally fueled motor
      vehicles; or
        (3) covering the incremental costs of purchase of non-road
      vehicles and engines designated by the Secretary pursuant to
      section 13238(c) of this title.
    (b) Loan terms
      The Secretary, to the extent practicable, shall establish
    reasonable terms for loans made under this subsection, with
    preference given to repayment schedules that enable such loans to
    be repaid by the borrower from the cost differential between
    gasoline and the alternative fuel on which the motor vehicle
    operates.
    (c) Criteria
      In deciding to whom loans shall be made under this subsection,
    the Secretary shall consider - 
        (1) the financial need of the applicant;
        (2) the goal of assisting the greatest number of applicants;
      and
        (3) the ability of an applicant to repay the loan, taking into
      account the fuel cost savings likely to accrue to the applicant.
    (d) Priorities
      Priority shall be given under this section to fleets where the
    use of alternative fuels would have a significant beneficial effect
    on energy security and the environment.
    (e) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section, $25,000,000 for each of the fiscal years
    1993, 1994, and 1995.

-SOURCE-
    (Pub. L. 102-486, title IV, Sec. 414, Oct. 24, 1992, 106 Stat.
    2886.)

-End-

-CITE-
    42 USC SUBCHAPTER III - AVAILABILITY AND USE OF
           REPLACEMENT FUELS, ALTERNATIVE FUELS, AND
           ALTERNATIVE FUELED PRIVATE VEHICLES             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
        SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
        ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES

-End-

-CITE-
    42 USC Sec. 13251                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13251. Mandate for alternative fuel providers

-STATUTE-
    (a) In general
      (1) The Secretary shall, before January 1, 1994, issue
    regulations requiring that of the new light duty motor vehicles
    acquired by a covered person described in paragraph (2), the
    following percentages shall be alternative fueled vehicles for the
    following model years:
        (A) 30 percent for model year 1996.
        (B) 50 percent for model year 1997.
        (C) 70 percent for model year 1998.
        (D) 90 percent for model year 1999 and thereafter.

      (2) For purposes of this section, a person referred to in
    paragraph (1) is - 
        (A) a covered person whose principal business is producing,
      storing, refining, processing, transporting, distributing,
      importing, or selling at wholesale or retail any alternative fuel
      other than electricity;
        (B) a non-Federal covered person whose principal business is
      generating, transmitting, importing, or selling at wholesale or
      retail electricity; or
        (C) a covered person - 
          (i) who produces, imports, or produces and imports in
        combination, an average of 50,000 barrels per day or more of
        petroleum; and
          (ii) a substantial portion of whose business is producing
        alternative fuels.

      (3)(A) In the case of a covered person described in paragraph (2)
    with more than one affiliate, division, or other business unit,
    only an affiliate, division, or business unit which is
    substantially engaged in the alternative fuels business (as
    determined by the Secretary by rule) shall be subject to this
    subsection.
      (B) No covered person or affiliate, division, or other business
    unit of such person whose principal business is - 
        (i) transforming alternative fuels into a product that is not
      an alternative fuel; or
        (ii) consuming alternative fuels as a feedstock or fuel in the
      manufacture of a product that is not an alternative fuel,

    shall be subject to this subsection.
      (4) The vehicles purchased pursuant to this section shall be
    operated solely on alternative fuels except when operating in an
    area where the appropriate alternative fuel is unavailable.
      (5) Regulations issued under paragraph (1) shall provide for the
    prompt exemption by the Secretary, through a simple and reasonable
    process, from the requirements of paragraph (1) of any covered
    person, in whole or in part, if such person demonstrates to the
    satisfaction of the Secretary that - 
        (A) alternative fueled vehicles that meet the normal
      requirements and practices of the principal business of that
      person are not reasonably available for acquisition; or
        (B) alternative fuels that meet the normal requirements and
      practices of the principal business of that person are not
      available in the area in which the vehicles are to be operated.
    (b) Revisions and extensions
      With respect to model years 1997 and thereafter, the Secretary
    may - 
        (1) revise the percentage requirements under subsection (a)(1)
      of this section downward, except that under no circumstances
      shall the percentage requirement for a model year be less than 20
      percent; and
        (2) extend the time under subsection (a)(1) of this section for
      up to 2 model years.
    (c) Option for electric utilities
      The Secretary shall, within 1 year after October 24, 1992, issue
    regulations requiring that, in the case of a covered person whose
    principal business is generating, transmitting, importing, or
    selling at wholesale or retail electricity, the requirements of
    subsection (a)(1) of this section shall not apply until after
    December 31, 1997, with respect to electric motor vehicles. Any
    covered person described in this subsection which plans to acquire
    electric motor vehicles to comply with the requirements of this
    section shall so notify the Secretary before January 1, 1996.
    (d) Report to Congress
      The Secretary shall, before January 1, 1998, submit a report to
    the Congress providing detailed information on actions taken to
    carry out this section, and the progress made and problems
    encountered thereunder.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 501, Oct. 24, 1992, 106 Stat.
    2887.)

-End-

-CITE-
    42 USC Sec. 13252                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13252. Replacement fuel supply and demand program

-STATUTE-
    (a) Establishment of program
      The Secretary shall establish a program to promote the
    development and use in light duty motor vehicles of domestic
    replacement fuels. Such program shall promote the replacement of
    petroleum motor fuels with replacement fuels to the maximum extent
    practicable. Such program shall, to the extent practicable, ensure
    the availability of those replacement fuels that will have the
    greatest impact in reducing oil imports, improving the health of
    our Nation's economy and reducing greenhouse gas emissions.
    (b) Development plan and production goals
      Under the program established under subsection (a) of this
    section, the Secretary, before October 1, 1993, in consultation
    with the Administrator, the Secretary of Transportation, the
    Secretary of Agriculture, the Secretary of Commerce, and the heads
    of other appropriate agencies, shall review appropriate information
    and - 
        (1) estimate the domestic and nondomestic production capacity
      for replacement fuels and alternative fueled vehicles needed to
      implement this section;
        (2) determine the technical and economic feasibility of
      achieving the goals of producing sufficient replacement fuels to
      replace, on an energy equivalent basis - 
          (A) at least 10 percent by the year 2000; and
          (B) at least 30 percent by the year 2010,

      of the projected consumption of motor fuel in the United States
      for each such year, with at least one half of such replacement
      fuels being domestic fuels;
        (3) determine the most suitable means and methods of developing
      and encouraging the production, distribution, and use of
      replacement fuels and alternative fueled vehicles in a manner
      that would meet the program goals described in subsection (a) of
      this section;
        (4) identify ways to encourage the development of reliable
      replacement fuels and alternative fueled vehicle industries in
      the United States, and the technical, economic, and institutional
      barriers to such development; and
        (5) determine the greenhouse gas emission implications of
      increasing the use of replacement fuels, including an estimate of
      the maximum feasible reduction in such emissions from the use of
      replacement fuels.

    The Secretary shall publish in the Federal Register the results of
    actions taken under this subsection, and provide for an opportunity
    for public comment.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 502, Oct. 24, 1992, 106 Stat.
    2888.)

-End-

-CITE-
    42 USC Sec. 13253                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13253. Replacement fuel demand estimates and supply
      information

-STATUTE-
    (a) Estimates
      Not later than October 1, 1993, and annually thereafter, the
    Secretary, in consultation with the Administrator, the Secretary of
    Transportation, and other appropriate State and Federal officials,
    shall estimate for the following calendar year - 
        (1) the number of each type of alternative fueled vehicle
      likely to be in use in the United States;
        (2) the probable geographic distribution of such vehicles;
        (3) the amount and distribution of each type of replacement
      fuel; and
        (4) the greenhouse gas emissions likely to result from
      replacement fuel use.
    (b) Information
      Beginning on October 1, 1994, the Secretary shall annually
    require - 
        (1) fuel suppliers to report to the Secretary on the amount of
      each type of replacement fuel that such supplier - 
          (A) has supplied in the previous calendar year; and
          (B) plans to supply for the following calendar year;

        (2) suppliers of alternative fueled vehicles to report to the
      Secretary on the number of each type of alternative fueled
      vehicle that such supplier - 
          (A) has made available in the previous calendar year; and
          (B) plans to make available for the following calendar year;
        and

        (3) such fuel suppliers to provide the Secretary information
      necessary to determine the greenhouse gas emissions from the
      replacement fuels used, taking into account the entire fuel
      cycle.
    (c) Protection of information
      Information provided to the Secretary under subsection (b) of
    this section shall be subject to applicable provisions of law
    protecting the confidentiality of trade secrets and business and
    financial information, including section 1905 of title 18.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 503, Oct. 24, 1992, 106 Stat.
    2889.)

-End-

-CITE-
    42 USC Sec. 13254                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13254. Modification of goals; additional rulemaking authority

-STATUTE-
    (a) Examination of goals
      Within 3 years after October 24, 1992, and periodically
    thereafter, the Secretary shall examine the goals established under
    section 13252(b)(2) of this title, in the context of the program
    goals stated under section 13252(a) of this title, to determine if
    the goals under section 13252(b)(2) of this title, including the
    applicable percentage requirements and dates, should be modified
    under this section. The Secretary shall publish in the Federal
    Register the results of each examination under this subsection and
    provide an opportunity for public comment.
    (b) Modification of goals
      If, after analysis of information obtained in connection with
    carrying out subsection (a) of this section or section 13252 of
    this title, or other information, and taking into account the
    determination of technical and economic feasibility made under
    section 13252(b)(2) of this title, the Secretary determines that
    goals described in section 13252(b)(2) of this title, including the
    percentage requirements or dates, are not achievable, the
    Secretary, in consultation with appropriate Federal agencies,
    shall, by rule, establish goals that are achievable, for purposes
    of this subchapter. The modification of goals under this section
    may include changing the target dates specified in section
    13252(b)(2) of this title.
    (c) Additional rulemaking authority
      If the Secretary determines that the achievement of goals
    described in section 13252(b)(2) of this title would result in a
    significant and correctable failure to meet the program goals
    described in section 13252(a) of this title, the Secretary shall
    issue such additional regulations as are necessary to remedy such
    failure. The Secretary shall have no authority under this Act to
    mandate the production of alternative fueled vehicles or to
    specify, as applicable, the models, lines, or types of, or
    marketing or pricing practices, policies, or strategies for,
    vehicles subject to this Act. Nothing in this Act shall be
    construed to give the Secretary authority to mandate marketing or
    pricing practices, policies, or strategies for alternative fuels or
    to mandate the production or delivery of such fuels.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 504, Oct. 24, 1992, 106 Stat.
    2890.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (c), is Pub. L. 102-486, Oct.
    24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 13201 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 13255                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13255. Voluntary supply commitments

-STATUTE-
      The Secretary shall, by January 1, 1994, and thereafter,
    undertake to obtain voluntary commitments in geographically diverse
    regions of the United States - 
        (1) from fuel suppliers to make available to the public
      replacement fuels, including providing for the construction or
      availability of related fuel delivery systems;
        (2) from owners of 10 or more motor vehicles to acquire and use
      alternative fueled vehicles and alternative fuels; and
        (3) from suppliers of alternative fueled vehicles to make
      available to the public alternative fueled vehicles and to ensure
      the availability of necessary related services,

    in sufficient volume to achieve the goals described in section
    13252(b)(2) of this title or as modified under section 13254 of
    this title, and in order to meet any fleet requirement program
    established by rule under this subchapter. The Secretary shall
    periodically report to the Congress on the results of efforts under
    this section. All voluntary commitments obtained pursuant to this
    section shall be available to the public, except to the extent
    provided in applicable provisions of law protecting the
    confidentiality of trade secrets and business and financial
    information, including section 1905 of title 18.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 505, Oct. 24, 1992, 106 Stat.
    2890.)

-End-

-CITE-
    42 USC Sec. 13256                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13256. Technical and policy analysis

-STATUTE-
    (a) Requirement
      Not later than March 1, 1995, and March 1, 1997, the Secretary
    shall prepare and transmit to the President and the Congress a
    technical and policy analysis under this section. The Secretary
    shall utilize the analytical capability and authorities of the
    Energy Information Administration and such other offices of the
    Department of Energy as the Secretary considers appropriate.
    (b) Purposes
      The technical and policy analysis prepared under this section
    shall be based on the best available data and information
    obtainable by the Secretary under section 13253 of this title, or
    otherwise, and on experience under this subchapter and other
    provisions of law in the development and use of replacement fuels
    and alternative fueled vehicles, and shall evaluate - 
        (1) progress made in achieving the goals described in section
      13252(b)(2) of this title, as modified under section 13254 of
      this title;
        (2) the actual and potential role of replacement fuels and
      alternative fueled vehicles in significantly reducing United
      States reliance on imported oil to the extent of the goals
      referred to in paragraph (1); and
        (3) the actual and potential availability of various domestic
      replacement fuels and dedicated vehicles and dual fueled
      vehicles.
    (c) Publication
      The Secretary shall publish a proposed version of each analysis
    under this section in the Federal Register for public comment
    before transmittal to the President and the Congress. Public
    comment received in response to such publication shall be preserved
    for use in rulemaking proceedings under section 13257 of this
    title.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 506, Oct. 24, 1992, 106 Stat.
    2891.)

-End-

-CITE-
    42 USC Sec. 13257                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13257. Fleet requirement program

-STATUTE-
    (a) Fleet program purchase goals
      (1) Except as provided in paragraph (2), the following
    percentages of new light duty motor vehicles acquired in each model
    year for a fleet, other than a Federal fleet, State fleet, or fleet
    owned, operated, leased, or otherwise controlled by a covered
    person subject to section 13251 of this title, shall be alternative
    fueled vehicles:
        (A) 20 percent of the motor vehicles acquired in model years
      1999, 2000, and 2001;
        (B) 30 percent of the motor vehicles acquired in model year
      2002;
        (C) 40 percent of the motor vehicles acquired in model year
      2003;
        (D) 50 percent of the motor vehicles acquired in model year
      2004;
        (E) 60 percent of the motor vehicles acquired in model year
      2005; and
        (F) 70 percent of the motor vehicles acquired in model year
      2006 and thereafter.

      (2) The Secretary may not establish percentage requirements
    higher than those described in paragraph (1). The Secretary may, if
    appropriate, and pursuant to a rule under subsection (b) of this
    section, establish a lesser percentage requirement for any model
    year. The Secretary may, by rule, establish a date later than 1998
    (or model year 1999) for initiating the fleet requirements under
    paragraph (1).
      (3) The Secretary shall publish an advance notice of proposed
    rulemaking for the purpose of - 
        (A) evaluating the progress toward achieving the goals of
      replacement fuel use described in section 13252(b)(2) of this
      title, as modified under section 13254 of this title;
        (B) identifying the problems associated with achieving those
      goals;
        (C) assessing the adequacy and practicability of those goals;
      and
        (D) considering all actions needed to achieve those goals.

    The Secretary shall provide for at least 3 regional hearings on the
    advance notice of proposed rulemaking, with respect to which
    official transcripts shall be maintained. The comment period in
    connection with such advance notice of proposed rulemaking shall be
    completed within 7 months after publication of the advance notice.
      (4) After the completion of such advance notice of proposed
    rulemaking, the Secretary shall publish in the Federal Register a
    proposed rule for the rule required under subsection (b) of this
    section, and shall provide for a public comment period, with
    hearings, of not less than 90 days.
    (b) Early rulemaking
      (1) Not earlier than 1 year after October 24, 1992, and after
    carrying out the requirements of subsection (a) of this section,
    the Secretary shall initiate a rulemaking to determine whether a
    fleet requirement program to begin in calendar year 1998 (when
    model year 1999 begins), or such other later date as he may select
    pursuant to subsection (a) of this section, is necessary under this
    section. Such rule, consistent with subsection (a)(1) of this
    section, shall establish the annual applicable model year
    percentage. No rule under this subsection may be promulgated after
    December 15, 1996, and be enforceable. A fleet requirement program
    shall be considered necessary and a rule therefor shall be
    promulgated if the Secretary finds that - 
        (A) the goal of replacement fuel use described in section
      13252(b)(2)(B) of this title, as modified under section 13254 of
      this title, is not expected to be actually achieved by 2010, or
      such other date as is established under section 13254 of this
      title, by voluntary means or pursuant to this subchapter or any
      other law without such a fleet requirement program, taking into
      consideration the status of the achievement of the interim goal
      described in section 13252(b)(2)(A) of this title, as modified
      under section 13254 of this title;
        (B) such goal is practicable and actually achievable within
      periods specified in section 13252(b)(2) of this title, as
      modified under section 13254 of this title, through
      implementation of such a fleet requirement program in combination
      with voluntary means and the application of other programs
      relevant to achieving such goals; and
        (C) by 1998 (when model year 1999 begins) or the date specified
      by the Secretary in such rule for initiating a fleet requirement
      program - 
          (i) there exists sufficient evidence to ensure that the fuel
        and the needed infrastructure, including the supply and
        deliverability systems, will be installed and located at
        convenient places in the fleet areas subject to the rule and
        will be fully operational when the rule is effective to offer a
        reliable and timely supply of the applicable alternative fuel
        at reasonable costs (as compared to conventional fuels) to meet
        the fleet requirement program, as demonstrated through use of
        the provisions of section 13255(1) of this title regarding
        voluntary commitments or other adequate, reliable, and
        convincing forms of agreements, arrangements, or
        representations that such fuels and infrastructure are in
        existence or will exist when the rule is effective and will be
        expanded as the percentages increase annually;
          (ii) there will be a sufficient number of new alternative
        fueled vehicles from original equipment manufacturers that
        comply with all applicable requirements of the Clean Air Act
        [42 U.S.C. 7401 et seq.] and chapter 301 of title 49;
          (iii) such new vehicles will meet the applicable non-Federal
        and non-State fleet performance requirements of such fleets
        (including range, passenger or cargo-carrying capacity,
        reliability, refueling capability, vehicle mix, and economical
        operation and maintenance); and
          (iv) establishment of a fleet requirement program by rule
        under this subsection will not result in unfair competitive
        advantages or disadvantages, or result in undue economic
        hardship, to the affected fleets.

        (2) The Secretary shall not promulgate a rule under this
      subsection if he is unable to make affirmative findings in the
      case of each of the subparagraphs under paragraph (1), and each
      of the clauses under subparagraph (C) of paragraph (1).
        (3) If the Secretary does not determine that such program is
      necessary under this subsection, the provisions of subsection (e)
      of this section shall apply to the consideration in the future of
      any fleet requirement program. The record of this rulemaking,
      including the Secretary's findings, shall be incorporated into a
      rulemaking under that subsection. If the Secretary determines
      under this subsection that such program is necessary, the
      Secretary shall not initiate the later rulemaking under
      subsection (e) of this section.
    (c) Advance notice of proposed rulemaking
      Not later than April 1, 1998, the Secretary shall publish an
    advance notice of proposed rulemaking for the purpose of - 
        (1) evaluating the progress toward achieving the goals of
      replacement fuel use described in section 13252(b)(2) of this
      title, as modified under section 13254 of this title;
        (2) identifying the problems associated with achieving those
      goals;
        (3) assessing the adequacy and practicability of those goals;
      and
        (4) considering all actions needed to achieve those goals.

    The Secretary shall provide for at least 3 regional hearings on the
    advance notice of proposed rulemaking, with respect to which
    official transcripts shall be maintained. The comment period in
    connection with such advance notice of proposed rulemaking shall be
    completed within 7 months after publication of the advance notice.
    (d) Proposed rule
      Before May 1, 1999, the Secretary shall publish in the Federal
    Register a proposed rule for the rule required under subsection (g)
    of this section, and shall provide for a public comment period,
    with hearings, of not less than 90 days.
    (e) Determination
      (1) Not later than January 1, 2000, the Secretary shall, through
    the rule required under subsection (g) of this section, determine
    whether a fleet requirement program is necessary under this
    section. Such a program shall be considered necessary and a rule
    therefor shall be promulgated if the Secretary finds that - 
        (A) the goal of replacement fuel use described in section
      13252(b)(2)(B) of this title, as modified under section 13254 of
      this title, is not expected to be actually achieved by 2010, or
      such other date as is established under section 13254 of this
      title, by voluntary means or pursuant to this subchapter or any
      other law without such a fleet requirement program, taking into
      consideration the status of the achievement of the interim goal
      described in section 13252(b)(2)(A) of this title, as modified
      under section 13254 of this title; and
        (B) such goal is practicable and actually achievable within
      periods specified in section 13252(b)(2) of this title, as
      modified under section 13254 of this title, through
      implementation of such a fleet requirement program in combination
      with voluntary means and the application of other programs
      relevant to achieving such goals.

      (2) The rule under subsection (b) or (g) of this section shall
    also modify the goal described in section 13252(b)(2)(B) of this
    title and establish a revised goal pursuant to section 13254 of
    this title if the Secretary determines, based on the proceeding
    required under subsection (a) or (c) of this section, that the goal
    in effect at the time of that proceeding is inadequate or
    impracticable, and not expected to be achievable. Such goal as
    modified and established shall be applicable in making the findings
    described in paragraph (1). If the Secretary modifies the goal
    under this paragraph, he may also modify the percentages stated in
    subsection (a)(1) or (g)(1) of this section and the minimum
    percentage stated in subsection (a)(2) or (g)(2) of this section
    shall be not less than 10 percent.
    (f) Explanation of determination that fleet requirement program is
      not necessary
      If the Secretary determines, based on findings under subsection
    (b) or (e) of this section, that a fleet requirement program under
    this section is not necessary, the Secretary shall - 
        (1) by December 15, 1996, with respect to a rulemaking under
      subsection (b) of this section; and
        (2) by January 1, 2000, with respect to a rulemaking under
      subsection (e) of this section,

    publish such determination in the Federal Register as a final
    agency action, including an explanation of the findings on which
    such determination is made and the basis for the determination.
    (g) Fleet requirement program
      (1) If the Secretary determines under subsection (e) of this
    section that a fleet requirement program is necessary, the
    Secretary shall, by January 1, 2000, by rule require that, except
    as provided in paragraph (2), of the total number of new light duty
    motor vehicles acquired for a fleet, other than a Federal fleet,
    State fleet, or fleet owned, operated, leased, or otherwise
    controlled by a covered person under section 13251 of this title - 
        (A) 20 percent of the motor vehicles acquired in model year
      2002;
        (B) 40 percent of the motor vehicles acquired in model year
      2003;
        (C) 60 percent of the motor vehicles acquired in model year
      2004; and
        (D) 70 percent of the motor vehicles acquired in model year
      2005 and thereafter,

    shall be alternative fueled vehicles.
      (2) The Secretary may not establish percentage requirements
    higher than those described in paragraph (1). The Secretary may, if
    appropriate, and pursuant to a rule under subsection (g) of this
    section, establish a lesser percentage requirement for any model
    year. The Secretary may, by rule, establish a date later than 2002
    (when model year 2003 begins) for initiating the fleet requirements
    under paragraph (1).
      (3) Nothing in this subchapter shall be construed as requiring
    any fleet to acquire alternative fueled vehicles or alternative
    fuels that do not meet the normal business requirements and
    practices and needs of that fleet.
      (4) A vehicle operating only on gasoline that complies with
    applicable requirements of the Clean Air Act [42 U.S.C. 7401 et
    seq.] shall not be considered an alternative fueled vehicle under
    subsection (b) of this section or this subsection, except that the
    Secretary, as part of the rule under subsection (b) of this section
    or this subsection, may determine that such vehicle should be
    treated as an alternative fueled vehicle for purposes of this
    section, for fleets subject to part C of title II of the Clean Air
    Act [42 U.S.C. 7581 et seq.], taking into consideration the impact
    on energy security and the goals stated in section 13252(a) of this
    title.
    (h) Extension of deadlines
      The Secretary may, by notice published in the Federal Register,
    extend the deadlines established under subsections (e), (f)(2), and
    (g) of this section for an additional 90 days if the Secretary is
    unable to meet such deadlines. Such extension shall not be
    reviewable.
    (i) Exemptions
      (1) A rule issued under subsection (b), (g), or (o) of this
    section shall provide for the prompt exemption by the Secretary,
    through a simple and reasonable process, of any fleet from the
    requirements of subsection (b), (g), or (o) of this section, in
    whole or in part, if it is demonstrated to the satisfaction of the
    Secretary that - 
        (A) alternative fueled vehicles that meet the normal
      requirements and practices of the principal business of the fleet
      owner are not reasonably available for acquisition;
        (B) alternative fuels that meet the normal requirements and
      practices of the principal business of the fleet owner are not
      available in the area in which the vehicles are to be operated;
      or
        (C) in the case of State and local government entities, the
      application of such requirements would pose an unreasonable
      financial hardship.

      (2) In the case of private fleets, if the motor vehicles, when
    under normal operations, are garaged at personal residences at
    night, such motor vehicles shall be exempt from the requirements of
    subsections (b) and (g).
    (j) Conversions
      Nothing in this subchapter or the amendments made by this
    subchapter shall require a fleet owner to acquire conversion
    vehicles.
    (k) Inclusion of law enforcement vehicles and urban buses
      (1) If the Secretary determines, by rule, that the inclusion of
    fleets of law enforcement motor vehicles in the fleet requirement
    program established under subsection (g) of this section would
    contribute to achieving the goal described in section
    13252(b)(2)(B) of this title, as modified under section 13254 of
    this title, and the Secretary finds that such inclusion would not
    hinder the use of the motor vehicles for law enforcement purposes,
    the Secretary may include such fleets in such program. The
    Secretary may only initiate one rulemaking under this paragraph.
      (2) If the Secretary determines, by rule, that the inclusion of
    new urban buses, as defined by the Administrator under title II of
    the Clean Air Act [42 U.S.C. 7521 et seq.], in a fleet requirement
    program established under subsection (g) of this section would
    contribute to achieving the goal described in section
    13252(b)(2)(B) of this title, as modified under section 13254 of
    this title, the Secretary may include such urban buses in such
    program, if the Secretary finds that such application will be
    consistent with energy security goals and the needs and objectives
    of encouraging and facilitating the greater use of such urban buses
    by the public, taking into consideration the impact of such
    application on public transit entities. The Secretary may only
    initiate one rulemaking under this paragraph.
      (3) Rulemakings under paragraph (1) or (2) shall be separate from
    a rulemaking under subsection (g) of this section, but may not
    occur unless a rulemaking is carried out under subsection (g) of
    this section.
    (l) Consideration of factors
      In carrying out this section, the Secretary shall take into
    consideration energy security, costs, safety, lead time
    requirements, vehicle miles traveled annually, effect on greenhouse
    gases, technological feasibility, energy requirements, economic
    impacts, including impacts on workers and the impact on consumers
    (including users of the alternative fuel for purposes such as for
    residences, agriculture, process use, and non-fuel purposes) and
    fleets, the availability of alternative fuels and alternative
    fueled vehicles, and other relevant factors.
    (m) Consultation and participation of other Federal agencies
      In carrying out this section and section 13256 of this title, the
    Secretary shall consult with the Secretary of Transportation, the
    Administrator, and other appropriate Federal agencies. The
    Secretary shall provide for the participation of the Secretary of
    Transportation and the Administrator in the development and
    issuance of the rule under this section, including the public
    process concerning such rule.
    (n) Petitions
      As part of the rule promulgated either pursuant to subsection (b)
    or (g) of this section, the Secretary shall establish procedures
    for any fleet owner or operator or motor vehicle manufacturer to
    request that the Secretary modify or suspend a fleet requirement
    program established under either subsection nationally, by region,
    or in an applicable fleet area because, as demonstrated by the
    petitioner, the infrastructure or fuel supply or distribution
    system for an applicable alternative fuel is inadequate to meet the
    needs of a fleet. In the event that the Secretary determines that a
    modification or suspension of the fleet requirement program on a
    regional basis would detract from the nationwide character of any
    fleet requirement program established by rule or would sufficiently
    diminish the economies of scale for the production of alternative
    fueled vehicles or alternative fuels and thereafter the
    practicability and effectiveness of such program, the Secretary may
    only modify or suspend the program nationally. The procedures shall
    include provisions for notice and public hearings. The Secretary
    shall deny or grant the petition within 180 days after filing.
    (o) Mandatory State fleet programs
      (1) Pursuant to a rule promulgated by the Secretary, beginning in
    calendar year 1995 (when model year 1996 begins), the following
    percentages of new light duty motor vehicles acquired annually for
    State government fleets, including agencies thereof, but not
    municipal fleets, shall be alternative fueled vehicles:
        (A) 10 percent of the motor vehicles acquired in model year
      1996;
        (B) 15 percent of the motor vehicles acquired in model year
      1997;
        (C) 25 percent of the motor vehicles acquired in model year
      1998;
        (D) 50 percent of the motor vehicles acquired in model year
      1999;
        (E) 75 percent of the motor vehicles acquired in model year
      2000 and thereafter.

      (2)(A) The Secretary shall within 18 months after October 24,
    1992, promulgate a rule providing that a State may submit a plan
    within 12 months after such promulgation containing a light duty
    alternative fueled vehicle plan for State fleets to meet the annual
    percentages established under paragraph (1) for the acquisition of
    light duty motor vehicles. The plan shall provide for the voluntary
    conversion or acquisition or combination thereof, beyond any
    acquisition required by this subchapter, of such motor vehicles by
    State, local, or private fleets, in numbers greater than or equal
    to the number of State alternative fueled vehicles required
    pursuant to paragraph (1).
      (B) The plan, if approved by the Secretary, would be in lieu of
    the State meeting such annual percentages solely through purchases
    of new State-owned vehicles. All conversions or acquisitions or
    combinations thereof of any alternative fueled vehicles under the
    plan must be voluntary and must conform with the requirements of
    section 247 of the Clean Air Act [42 U.S.C. 7587] and must comply
    with applicable safety requirements. The Secretary of
    Transportation shall within 3 years after enactment promulgate
    rules setting forth safety standards in accordance with chapter 301
    of title 49 applicable to all conversions.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 507, Oct. 24, 1992, 106 Stat.
    2891.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsecs. (b)(1)(C)(ii), (g)(4),
    and (k)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, as
    amended, which is classified generally to chapter 85 (Sec. 7401 et
    seq.) of this title. Title II of the Act, known as the National
    Emission Standards Act, is classified generally to subchapter II
    (Sec. 7521 et seq.) of chapter 85 of this title. Part C of title II
    of the Act is classified generally to part C (Sec. 7581 et seq.) of
    chapter 85 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 7401 of
    this title and Tables.
      This subchapter, referred to in subsecs. (b)(1)(A), (e)(1)(A),
    (g)(3), (j), and (o)(2)(A), was in the original "this title"
    meaning title V of Pub. L. 102-486, Oct. 24, 1992, 102 Stat. 2887,
    which is classified generally to this subchapter.

-COD-
                               CODIFICATION                           
      In subsecs. (b)(1)(C)(ii) and (o)(2)(B), "chapter 301 of title
    49" substituted for "the National Traffic and Motor Vehicle Safety
    Act of 1966 [15 U.S.C. 1381 et seq.]" on authority of Pub. L. 103-
    272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of
    which enacted subtitles II, III, and V to X of Title 49,
    Transportation.

-End-

-CITE-
    42 USC Sec. 13258                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13258. Credits

-STATUTE-
    (a) In general
      The Secretary shall allocate a credit to a fleet or covered
    person that is required to acquire an alternative fueled vehicle
    under this subchapter, if that fleet or person acquires an
    alternative fueled vehicle in excess of the number that fleet or
    person is required to acquire under this subchapter or acquires an
    alternative fueled vehicle before the date that fleet or person is
    required to acquire an alternative fueled vehicle under such
    subchapter.
    (b) Allocation
      In allocating credits under subsection (a) of this section, the
    Secretary shall allocate one credit for each alternative fueled
    vehicle the fleet or covered person acquires that exceeds the
    number of alternative fueled vehicles that fleet or person is
    required to acquire under this subchapter or that is acquired
    before the date that fleet or person is required to acquire an
    alternative fueled vehicle under such subchapter. In the event that
    a vehicle is acquired before the date otherwise required, the
    Secretary shall allocate one credit per vehicle for each year the
    vehicle is acquired before the required date. The credit shall be
    allocated for the same type vehicle as the excess vehicle or
    earlier acquired vehicle.
    (c) Use of credits
      At the request of a fleet or covered person allocated a credit
    under this section, the Secretary shall treat the credit as the
    acquisition of one alternative fueled vehicle of the type for which
    the credit is allocated in the year designated by that fleet or
    person when determining whether that fleet or person has complied
    with this subchapter in the year designated. A credit may be
    counted toward compliance for only one year.
    (d) Transferability
      A fleet or covered person allocated a credit under this section
    or to whom a credit is transferred under this section, may transfer
    freely the credit to another fleet or person who is required to
    comply with this subchapter. At the request of the fleet or person
    to whom a credit is transferred, the Secretary shall treat the
    transferred credit as the acquisition of one alternative fueled
    vehicle of the type for which the credit is allocated in the year
    designated by the fleet or person to whom the credit is transferred
    when determining whether that fleet or person has complied with
    this subchapter in the year designated. A transferred credit may be
    counted toward compliance for only one year. In the case of the
    alternative fuel provider program under section 13251 of this
    title, a transferred credit may be counted toward compliance only
    if the requirement of section 13251(a)(4) of this title is met.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 508, Oct. 24, 1992, 106 Stat.
    2897.)

-End-

-CITE-
    42 USC Sec. 13259                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13259. Secretary's recommendations to Congress

-STATUTE-
    (a) Recommendations to require availability or acquisition
      If the Secretary determines, under section 13257(f) of this
    title, that a fleet requirement program under section 13257 of this
    title is not necessary, the Secretary shall so notify the Congress.
    If the Secretary so notifies the Congress, the Secretary shall,
    within 2 years after such notification and by rule, prepare and
    submit to the Congress recommendations for requirements or
    incentives for - 
        (1) fuel suppliers to make available to the public replacement
      fuels, including providing for the construction or availability
      of related fuel delivery systems;
        (2) suppliers of alternative fueled vehicles to make available
      to the public alternative fueled vehicles and to ensure the
      availability of necessary related services; and
        (3) motor vehicle drivers to use replacement fuels,

    to the extent necessary to achieve such goals of replacement fuel
    use and to ensure that the availability of alternative fuels and of
    alternative fueled vehicles are consistent with each other.
    (b) Fair and equitable application
      In carrying out this section, the Secretary shall recommend the
    imposition of requirements proportionately on all appropriate fuel
    suppliers and purchasers of motor fuels and suppliers and
    purchasers of motor vehicles in a fair and equitable manner.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 509, Oct. 24, 1992, 106 Stat.
    2898.)

-End-

-CITE-
    42 USC Sec. 13260                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13260. Effect on other laws

-STATUTE-
    (a) In general
      Nothing in this Act or the amendments made by this Act shall be
    construed to alter, affect, or modify the provisions of the Clean
    Air Act [42 U.S.C. 7401 et seq.], or regulations issued thereunder.
    (b) Compliance by alternative fueled vehicles
      Alternative fueled vehicles, whether dedicated vehicles or dual
    fueled vehicles, and the alternative fuels for operating such
    vehicles, shall comply with requirements of the Clean Air Act [42
    U.S.C. 7401 et seq.] applicable to such vehicles and fuels.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 510, Oct. 24, 1992, 106 Stat.
    2898.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 102-486, Oct. 24, 1992,
    106 Stat. 2776, known as the Energy Policy Act of 1992. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 13201 of this title and Tables.
      The Clean Air Act, referred to in text, is act July 14, 1955, ch.
    360, 69 Stat. 322, as amended, which is classified generally to
    chapter 85 (Sec. 7401 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7401 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 13261                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13261. Prohibited acts

-STATUTE-
      It shall be unlawful for any person to violate any provision of
    section 13251, 13253(b), 13257, or 13263a of this title, or any
    regulation issued under such sections.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 511, Oct. 24, 1992, 106 Stat. 2899;
    Pub. L. 109-58, title VII, Sec. 703(b), Aug. 8, 2005, 119 Stat.
    816.)

-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 substituted "13257, or 13263a" for "or
    13257".

-End-

-CITE-
    42 USC Sec. 13262                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13262. Enforcement

-STATUTE-
    (a) Violation
      Whoever violates section 13261 of this title shall be subject to
    a civil penalty of not more than $5,000 for each violation.
    (b) Willful violation
      Whoever willfully violates section 13261 of this title shall be
    fined not more than $10,000 for each violation.
    (c) Knowing and willful violation following prior violation and
      penalty
      Any person who knowingly and willfully violates section 13261 of
    this title after having been subjected to a civil penalty for a
    prior violation of section 13261 of this title shall be fined not
    more than $50,000.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 512, Oct. 24, 1992, 106 Stat.
    2899.)

-End-

-CITE-
    42 USC Sec. 13263                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13263. Powers of Secretary

-STATUTE-
      For the purpose of carrying out subchapter I of this chapter,
    subchapter II of this chapter, this subchapter, and subchapter IV
    of this chapter, the Secretary, or the duly designated agent of the
    Secretary, may hold such hearings, take such testimony, sit and act
    at such times and places, administer such oaths, and require, by
    subpena, the attendance and testimony of such witnesses and the
    production of such books, papers, correspondence, memorandums,
    contracts, agreements, or other records as the Secretary of
    Transportation is authorized to do under section 32910(a)(1) of
    title 49.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 513, Oct. 24, 1992, 106 Stat.
    2899.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter I of this chapter, referred to in text, was in the
    original "title III" meaning title III of Pub. L. 102-486, Oct. 24,
    1992, 106 Stat. 2866, which enacted subchapter I of this chapter,
    amended section 6374 of this title, and repealed provisions set out
    as a note under section 6374 of this title.
      Subchapter II of this chapter, referred to in text, was in the
    original "title IV" meaning title IV of Pub. L. 102-486, Oct. 24,
    1992, 106 Stat. 2875, which enacted subchapter II of this chapter,
    amended sections 6374a to 6374c of this title and sections 717,
    717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade,
    enacted provisions set out as notes under sections 79b and 717 of
    Title 15, and repealed provisions set out as a note under section
    717c of Title 15.

-COD-
                               CODIFICATION                           
      In text, "section 32910(a)(1) of title 49" substituted for
    "section 505(b)(1) of the Motor Vehicle Information and Cost
    Savings Act (15 U.S.C. 2005(b)(1))" on authority of Pub. L. 103-
    272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of
    which enacted subtitles II, III, and V to X of Title 49,
    Transportation.

-End-

-CITE-
    42 USC Sec. 13263a                                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13263a. Alternative compliance

-STATUTE-
    (a) Application for waiver
      Any covered person subject to section 13251 of this title and any
    State subject to section 13257(o) of this title may petition the
    Secretary for a waiver of the applicable requirements of section
    13251 or 13257(o) of this title.
    (b) Grant of waiver
      The Secretary shall grant a waiver of the requirements of section
    13251 or 13257(o) of this title on a showing that the fleet owned,
    operated, leased, or otherwise controlled by the State or covered
    person - 
        (1) will achieve a reduction in the annual consumption of
      petroleum fuels by the fleet equal to - 
          (A) the reduction in consumption of petroleum that would
        result from 100 percent cumulative compliance with the fuel use
        requirements of section 13251 of this title; or
          (B) in the case of an entity covered under section 13257(o)
        of this title, a reduction equal to the annual consumption by
        the State entity of alternative fuels if all of the cumulative
        alternative fuel vehicles of the State entity given credit
        under section 13258 of this title were to use alternative fuel
        100 percent of the time; and

        (2) is in compliance with all applicable vehicle emission
      standards established by the Administrator of the Environmental
      Protection Agency under the Clean Air Act (42 U.S.C. 7401 et
      seq.).
    (c) Reporting requirement
      Not later than December 31 of a model year, any State or covered
    person granted a waiver under this section for the preceding model
    year shall submit to the Secretary an annual report that - 
        (1) certifies the quantity of the petroleum motor fuel
      reduction of the State or covered person during the preceding
      model year; and
        (2) projects the baseline quantity of the petroleum motor fuel
      reduction of the State or covered person during the following
      model year.
    (d) Revocation of waiver
      If a State or covered person that receives a waiver under this
    section fails to comply with this section, the Secretary - 
        (1) shall revoke the waiver; and
        (2) may impose on the State or covered person a penalty under
      section 13262 of this title.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 514, as added Pub. L. 109-58, title
    VII, Sec. 703(a)(2), Aug. 8, 2005, 119 Stat. 815.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (b)(2), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7401 of this title and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 514 of Pub. L. 102-486 was renumbered 515 and is
    classified to section 13264 of this title.

-End-

-CITE-
    42 USC Sec. 13264                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER III - AVAILABILITY AND USE OF REPLACEMENT FUELS,
           ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE
           VEHICLES                                      

-HEAD-
    Sec. 13264. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary for
    carrying out this subchapter $10,000,000 for each of the fiscal
    years 1993 through 1997, and such sums as may be necessary for
    fiscal years 1998 through 2000.

-SOURCE-
    (Pub. L. 102-486, title V, Sec. 515, formerly Sec. 514, Oct. 24,
    1992, 106 Stat. 2899; renumbered Sec. 515, Pub. L. 109-58, title
    VII, Sec. 703(a)(1), Aug. 8, 2005, 119 Stat. 815.)

-End-

-CITE-
    42 USC SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

-HEAD-
                  SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES              

-End-

-CITE-
    42 USC Sec. 13271                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES

-HEAD-
    Sec. 13271. Definitions

-STATUTE-
      For the purposes of this subchapter - 
        (1) the term "antitrust laws" means the Acts set forth in
      section 12 of title 15;
        (2) the term "associated equipment" means equipment necessary
      for the regeneration, refueling, or recharging of batteries or
      other forms of electric energy used to power an electric motor
      vehicle and, in the case of electric-hybrid vehicles, such term
      includes nonpetroleum-related equipment necessary for, and solely
      related to, the demonstration of such vehicles;
        (3) the term "discount payment" means the amount determined
      pursuant to section 13283 of this title;
        (4) the term "electric motor vehicle" means a motor vehicle
      primarily powered by an electric motor that draws current from
      rechargeable storage batteries, fuel cells, photovoltaic arrays,
      or other sources of electric current and may include an electric-
      hybrid vehicle;
        (5) the term "electric-hybrid vehicle" means a vehicle
      primarily powered by an electric motor that draws current from
      rechargeable storage batteries, fuel cells, or other source of
      electric current and also relies on a non-electric source of
      power;
        (6) the term "eligible metropolitan area" means any
      Metropolitan Area (as such term is defined by the Office of
      Management and Budget pursuant to section 3504 of title 44) with
      a 1980 population of 250,000 or more that has been designated by
      a proposer and the Secretary for a demonstration project under
      this subchapter, except that the Secretary may designate an area
      with a 1990 population of 50,000 or more as an eligible
      metropolitan area;
        (7) the term "infrastructure and support systems" includes
      support and maintenance services and facilities, electricity
      delivery mechanisms and methods, regulatory treatment of
      investment in electric motor vehicles and associated equipment,
      consumer education programs, safety and health procedures, and
      battery availability, replacement, recycling, and disposal, that
      may be required to enable electric utilities, manufacturers, and
      others to support the operation and maintenance of electric motor
      vehicles and associated equipment;
        (8) the term "motor vehicle" has the meaning given such term
      under section 7550(2) of this title;
        (9) the term "non-Federal person" means an entity not part of
      the Federal Government that is either - 
          (A) organized under the laws of the United States or the laws
        of a State of the United States; or
          (B) a unit of State or local government;

        (10) the term "proposer" means a non-Federal person that
      submits a proposal to conduct a demonstration project under this
      subchapter;
        (11) the term "price differential" means - 
          (A) in the case of a purchased electric motor vehicle, the
        difference between the manufacturer's suggested retail price of
        such electric motor vehicle and the manufacturer's suggested
        retail price of a comparable conventionally fueled motor
        vehicle; and
          (B) in the case of a leased electric motor vehicle, the
        difference between the monthly lease payment of such electric
        motor vehicle over the life of the lease and the monthly lease
        payment of a comparable conventionally fueled motor vehicle
        over the life of the lease; and

        (12) the term "user" means a person or entity that purchases or
      leases an electric motor vehicle.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 601, Oct. 24, 1992, 106 Stat.
    2899.)

-End-

-CITE-
    42 USC Part A - Electric Motor Vehicle Commercial
                     Demonstration Program                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-
     PART A - ELECTRIC MOTOR VEHICLE COMMERCIAL DEMONSTRATION PROGRAM 

-End-

-CITE-
    42 USC Sec. 13281                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-
    Sec. 13281. Program and solicitation

-STATUTE-
    (a) Program
      The Secretary shall conduct a program to demonstrate electric
    motor vehicles and the associated equipment of such vehicles, in
    consultation with the Electric and Hybrid Vehicle Program Site
    Operators, manufacturers, the electric utility industry, and such
    other persons as the Secretary considers appropriate. Such program
    shall be - 
        (1) designed to accelerate the development and use of electric
      motor vehicles; and
        (2) structured to evaluate the performance of such electric
      motor vehicles in field operation, including fleet operation, and
      evaluate the necessary supporting infrastructure.
    (b) Solicitation
      (1) Not later than 18 months after October 24, 1992, the
    Secretary shall solicit proposals to demonstrate electric motor
    vehicles and associated equipment in one or more eligible
    metropolitan areas. The Secretary may make additional solicitations
    for proposals if the Secretary determines that such solicitations
    are necessary to carry out this part.
      (2)(A) Solicitations for proposals under this subsection shall
    require the proposer to include a description, including the
    manufacturer or manufacturers of the electric motor vehicles; the
    proposed users of the electric motor vehicles; the eligible
    metropolitan area or areas involved; the number of electric motor
    vehicles to be demonstrated and their type, characteristics, and
    life-cycle costs; the price differential; the proposed discount
    payment; the contributions of State or local governments and other
    persons to the demonstration project; the type of associated
    equipment to be demonstrated; the domestic content of the electric
    motor vehicles and associated equipment; and any other information
    the Secretary considers appropriate.
      (B) If the proposal includes a lease arrangement, the proposal
    shall indicate the terms of such lease arrangement for the electric
    motor vehicles or associated equipment.
      (3) The solicitation for proposals under this subsection shall
    establish a closing date for receipt of proposals. The Secretary
    may, if necessary, extend the closing date for receipt of proposals
    for a period not to exceed 90 days.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 611, Oct. 24, 1992, 106 Stat.
    2900.)

-End-

-CITE-
    42 USC Sec. 13282                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-
    Sec. 13282. Selection of proposals

-STATUTE-
    (a) Selection
      (1) The Secretary, in consultation with the Secretary of
    Transportation, the Secretary of Commerce, and the Administrator of
    the Environmental Protection Agency, shall, not later than 120 days
    after the closing date, as established by the Secretary, for
    receipt of proposals under section 13281 of this title, select at
    least one, but not more than 10, proposals to receive financial
    assistance under section 13283 of this title.
      (2) The Secretary may select more than 10 proposals under this
    section, if the Secretary determines that the total amount of
    available funds is not likely to be otherwise utilized.
      (3) Any proposal selected under paragraph (1) must satisfy the
    limitations set forth in section 13283(c) of this title.
      (4) No one project selected under this section shall receive more
    than 25 percent of the funds authorized under section 13286 of this
    title.
      (5) A demonstration project may not include electric motor
    vehicles in more than one eligible metropolitan area, unless the
    total number of electric motor vehicles in that project is equal
    to, or greater than, 100.
    (b) Criteria
      In selecting a proposal and in negotiating financial assistance
    under this section, the Secretary shall consider - 
        (1) the ability of the manufacturer, directly, indirectly, or
      in combination with the proposer, to develop, assist in the
      demonstration of, manufacture, distribute, sell, provide
      warranties for, service, and ensure the continued availability of
      parts for, electric motor vehicles in the demonstration project;
        (2) the geographic and climatic diversity of the eligible
      metropolitan area or areas in which the demonstration project is
      to be undertaken, when considered in combination with other
      proposals and other selected demonstration projects;
        (3) the long-term technical and competitive viability of the
      electric motor vehicles;
        (4) the suitability of the electric motor vehicles for their
      intended uses;
        (5) the environmental effects of the use of the proposed
      electric motor vehicles;
        (6) the price differential and the proposed discount payment;
        (7) the extent of involvement of State or local government and
      other persons in the demonstration project, and whether such
      involvement will - 
          (A) permit a reduction of the Federal cost share per vehicle;
        or
          (B) otherwise be used to allow the Federal contribution to be
        provided for a greater number of electric motor vehicles;

        (8) the proportion of domestic content of the electric motor
      vehicles and associated equipment;
        (9) the safety of the electric motor vehicles; and
        (10) such other criteria as the Secretary considers
      appropriate.
    (c) Conditions
      The Secretary shall require that - 
        (1) as a part of a demonstration project, the user or users of
      the electric motor vehicles will provide to the proposer and the
      manufacturer information regarding the operation, maintenance,
      performance, and use of the electric motor vehicles for 5 years
      after the beginning of the demonstration project;
        (2) the proposer shall provide to the Secretary such
      information regarding the operation, maintenance, performance,
      and use of the electric motor vehicles as the Secretary may
      request during the period of the demonstration project;
        (3) in the case of a demonstration project including
      automobiles or light duty trucks, the number of electric motor
      vehicles to be included in the demonstration project shall be no
      less than 50, except that the Secretary may select a
      demonstration project with fewer than 50 electric motor vehicles
      if the Secretary determines that selection of such a proposal
      will ensure that there is geographic or climatic diversity among
      the proposals selected and that an adequate demonstration to
      accelerate the development and use of electric motor vehicles can
      be undertaken with fewer than 50 electric motor vehicles; and
        (4) the procurement practices of the manufacturer do not
      discriminate against United States producers of vehicle parts.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 612, Oct. 24, 1992, 106 Stat.
    2901.)

-End-

-CITE-
    42 USC Sec. 13283                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-
    Sec. 13283. Discount payments

-STATUTE-
    (a) Certification
      The Secretary shall provide a discount payment to a proposer of a
    proposal selected under this part for purposes of reimbursing the
    proposer for a discount provided to the users if the proposer
    certifies to the Secretary that - 
        (1) the electric motor vehicles have been purchased or leased
      by a user or users in accordance with the requirements of this
      part; and
        (2) the proposer has provided to the user or users a discount
      payment in accordance with the requirements of this part.
    (b) Payment
      Not later than 30 days after receipt from the proposer of
    certification that the Secretary determines satisfies the
    requirements of subsection (a) of this section, the Secretary shall
    pay to the proposer the full amount of the discount payment, to the
    extent provided in advance in appropriations Acts.
    (c) Calculations of discount payments
      (1) The discount payment shall be no greater than - 
        (A) the price differential; or
        (B) the price of the comparable conventionally fueled motor
      vehicle.

      (2) The purchase price of the electric motor vehicle, less the
    discount payment and less any additional reduction in the purchase
    price of the electric motor vehicle that may result from
    contributions provided by other parties, may not be less than the
    manufacturer's suggested retail price of a comparable
    conventionally fueled motor vehicle.
      (3) The maximum discount payment shall be no greater than $10,000
    per electric motor vehicle.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 613, Oct. 24, 1992, 106 Stat.
    2902.)

-End-

-CITE-
    42 USC Sec. 13284                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-
    Sec. 13284. Cost-sharing

-STATUTE-
    (a) Requirement
      The Secretary shall require at least 50 percent of the costs
    directly and specifically related to any project under this part to
    be from non-Federal sources. Such share may be in the form of cash,
    personnel, services, equipment, and other resources.
    (b) Reduction
      The Secretary may reduce the amount of costs required to be
    provided by non-Federal sources under subsection (a) of this
    section if the Secretary determines that the reduction is necessary
    and appropriate - 
        (1) considering the technological risks involved in the
      project; and
        (2) in order to meet the objectives of this part.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 614, Oct. 24, 1992, 106 Stat.
    2903.)

-End-

-CITE-
    42 USC Sec. 13285                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-
    Sec. 13285. Reports to Congress

-STATUTE-
    (a) Progress reports
      The Secretary shall report annually to Congress on the progress
    being made, through demonstration projects supported under this
    part, to accelerate the development and use of electric motor
    vehicles.
    (b) Report on encouraging purchase and use of electric motor
      vehicles
      Within 18 months after October 24, 1992, the Secretary shall
    submit to the Congress a report on methods for encouraging the
    purchase and use of electric motor vehicles. Such report shall - 
        (1) address the potential cost of purchasing and maintaining
      electric motor vehicles, including the initial cost of the
      batteries and the cost of replacement batteries;
        (2) identify methods for reducing, subsidizing, or sharing such
      costs; and
        (3) include recommendations for legislative and administrative
      measures to encourage the purchase and use of electric motor
      vehicles.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 615, Oct. 24, 1992, 106 Stat.
    2903.)

-End-

-CITE-
    42 USC Sec. 13286                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part A - Electric Motor Vehicle Commercial Demonstration Program

-HEAD-
    Sec. 13286. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary for
    purposes of this part $50,000,000 for the 10-year period beginning
    with the first full fiscal year after October 24, 1992, to remain
    available until expended.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 616, Oct. 24, 1992, 106 Stat.
    2903.)

-End-

-CITE-
    42 USC Part B - Electric Motor Vehicle Infrastructure and
                     Support Systems Development Program         01/02/2006 

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part B - Electric Motor Vehicle Infrastructure and Support Systems
              Development Program                     

-HEAD-
    PART B - ELECTRIC MOTOR VEHICLE INFRASTRUCTURE AND SUPPORT SYSTEMS
                            DEVELOPMENT PROGRAM

-End-

-CITE-
    42 USC Sec. 13291                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part B - Electric Motor Vehicle Infrastructure and Support Systems
              Development Program                     

-HEAD-
    Sec. 13291. General authority

-STATUTE-
    (a) Program
      The Secretary shall undertake a program with one or more non-
    Federal persons, including fleet operators, for cost-shared
    research, development, demonstration, or commercial application of
    an infrastructure and support systems program.
    (b) Eligibility
      A non-Federal person shall be eligible to receive financial
    assistance under this part only if such person demonstrates, to the
    satisfaction of the Secretary, that the person will conduct a
    substantial portion of activities under the project in the United
    States using domestic labor and materials.
    (c) Coordination
      Activities under this part shall be coordinated with activities
    under part A of this subchapter.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 621, Oct. 24, 1992, 106 Stat.
    2904.)

-End-

-CITE-
    42 USC Sec. 13292                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part B - Electric Motor Vehicle Infrastructure and Support Systems
              Development Program                     

-HEAD-
    Sec. 13292. Proposals

-STATUTE-
    (a) Solicitation
      Not later than one year after October 24, 1992, the Secretary
    shall solicit proposals from non-Federal persons, including fleet
    operators, for projects under this part. Within 240 days after
    proposals have been solicited, the Secretary shall select
    proposals.
    (b) Criteria
      (1) The Secretary shall provide financial assistance to no more
    than 10 projects under this part, unless the Secretary determines
    that the total amount of available funds is not likely to be
    otherwise used.
      (2) The proposals selected by the Secretary shall, to the extent
    practicable, represent geographically and climatically diverse
    regions of the United States.
      (3) The aggregate Federal financial assistance for each project
    under this part may not exceed $4,000,000.
    (c) Projects
      The infrastructure and support systems programs for which
    projects are selected under this part may address - 
        (1) the ability to service electric motor vehicles and to
      provide or service associated equipment;
        (2) the installation of charging facilities;
        (3) rates and cost recovery for electric utilities who invest
      in infrastructure capital-related expenditures;
        (4) the development of safety and health procedures and
      guidelines related to battery charging, watering, and emissions;
        (5) the conduct of information dissemination programs; and
        (6) such other subjects as the Secretary considers necessary in
      order to address the infrastructure and support systems needed to
      support the development and use of energy storage technologies,
      including advanced batteries, and the demonstration of electric
      motor vehicles.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 622, Oct. 24, 1992, 106 Stat.
    2904.)

-End-

-CITE-
    42 USC Sec. 13293                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part B - Electric Motor Vehicle Infrastructure and Support Systems
              Development Program                     

-HEAD-
    Sec. 13293. Protection of proprietary information

-STATUTE-
    (a) In general
      In the case of activities, including joint venture activities,
    under this subchapter, and in the case of any existing or future
    activities, including joint venture activities, related primarily
    to battery technology for electric motor vehicles under other
    provisions of law, where the knowledge resulting from research and
    development activities conducted pursuant to such activities,
    including joint venture activities, is for the benefit of the
    participants (particularly domestic companies) that provide
    financial resources to a project under this subchapter, the
    Secretary, for a period of up to 5 years after the development of
    information that - 
        (1) results from research and development activities conducted
      under this subchapter; and
        (2) would be a trade secret or commercial or financial
      information that is privileged or confidential if the information
      had been obtained from a participant,

    shall, notwithstanding any other provision of law, provide
    appropriate protections against the dissemination of such
    information to the public, and the provisions of section 1905 of
    title 18 shall apply to such information. Nothing in this
    subsection provides protections against the dissemination of such
    information to Congress.
    (b) "Domestic companies" defined
      For purposes of subsection (a) of this section, the term
    "domestic companies" means entities which are substantially
    involved in the United States in the domestic production of motor
    vehicles for sale in the United States and have a substantial
    percentage of their production facilities in the United States.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 623, Oct. 24, 1992, 106 Stat.
    2904.)

-End-

-CITE-
    42 USC Sec. 13294                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part B - Electric Motor Vehicle Infrastructure and Support Systems
              Development Program                     

-HEAD-
    Sec. 13294. Compliance with existing law

-STATUTE-
      Nothing in this subchapter shall be deemed to convey to any
    person, partnership, corporation, or other entity, immunity from
    civil or criminal liability under any antitrust law or to create
    defenses to actions under any antitrust law.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 624, Oct. 24, 1992, 106 Stat.
    2905.)

-End-

-CITE-
    42 USC Sec. 13295                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part B - Electric Motor Vehicle Infrastructure and Support Systems
              Development Program                     

-HEAD-
    Sec. 13295. Repealed. Pub. L. 105-362, title IV, Sec. 401(b), Nov.
      10, 1998, 112 Stat. 3282

-MISC1-
      Section, Pub. L. 102-486, title VI, Sec. 625, Oct. 24, 1992, 106
    Stat. 2905, related to electric utility participation study.

-End-

-CITE-
    42 USC Sec. 13296                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IV - ELECTRIC MOTOR VEHICLES
    Part B - Electric Motor Vehicle Infrastructure and Support Systems
              Development Program                     

-HEAD-
    Sec. 13296. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary for
    purposes of this part $40,000,000 for the 5-year period beginning
    with the first full fiscal year after October 24, 1992, to remain
    available until expended.

-SOURCE-
    (Pub. L. 102-486, title VI, Sec. 626, Oct. 24, 1992, 106 Stat.
    2905.)

-End-

-CITE-
    42 USC SUBCHAPTER V - RENEWABLE ENERGY                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-
                      SUBCHAPTER V - RENEWABLE ENERGY                  

-End-

-CITE-
    42 USC Sec. 13311                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-
    Sec. 13311. Purposes

-STATUTE-
      The purposes of this subchapter are to promote - 
        (1) increases in the production and utilization of energy from
      renewable energy resources;
        (2) further advances of renewable energy technologies; and
        (3) exports of United States renewable energy technologies and
      services.

-SOURCE-
    (Pub. L. 102-486, title XII, Sec. 1201, Oct. 24, 1992, 106 Stat.
    2956.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title" meaning title XII of Pub. L. 102-486, Oct. 24, 1992, 106
    Stat. 2956, which enacted this subchapter and amended sections
    6276, 12001 to 12003, 12005, and 12006 of this title.

-End-

-CITE-
    42 USC Sec. 13312                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-
    Sec. 13312. Renewable energy export technology training

-STATUTE-
    (a) Establishment of program
      The Secretary, through the Agency for International Development,
    shall establish a program for the training of individuals from
    developing countries in the operation and maintenance of renewable
    energy and energy efficiency technologies in accordance with this
    section. The Secretary and the Administrator of the Agency for
    International Development shall, within one year after October 24,
    1992, enter into a written agreement to carry out this program.
    (b) Purpose
      The purpose of the program established under this section shall
    be to train appropriate persons in the system design, operation,
    and maintenance of renewable energy and energy efficiency equipment
    manufactured in the United States, including equipment for water
    pumping, heating and purification, and the production of electric
    power in remote areas.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary
    $6,000,000 for each of the fiscal years 1994, 1995, and 1996, to
    carry out this section.

-SOURCE-
    (Pub. L. 102-486, title XII, Sec. 1203, Oct. 24, 1992, 106 Stat.
    2961.)

-End-

-CITE-
    42 USC Sec. 13313                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-
    Sec. 13313. Renewable Energy Advancement Awards

-STATUTE-
    (a) Authority
      The Secretary shall make Renewable Energy Advancement Awards in
    recognition of developments that advance the practical application
    of biomass, geothermal, hydroelectric, photovoltaic, solar thermal,
    ocean thermal, and wind technologies to consumer, utility, or
    industrial uses, in accordance with this section. Except as
    provided in subsection (f) of this section, Renewable Energy
    Advancement Awards shall include a cash award.
    (b) Selection criteria
      The Secretary, in consultation with the Advisory Committee on
    Demonstration and Commercial Application of Renewable Energy and
    Energy Efficiency Technologies (in this section referred to as the
    "Advisory Committee"), under section 12005 of this title, shall
    develop criteria to be applied in the selection of award recipients
    under this section. Such criteria shall include the following:
        (1) The degree to which the technological development increases
      the utilization of renewable energy.
        (2) The degree to which the development will have a significant
      impact, by benefitting a large number of people, by reducing the
      costs of an important industrial process or commercial product or
      service, or otherwise.
        (3) The ingenuity of the development.
        (4) Whether the application has significant export potential.
        (5) The environmental soundness of the development.
    (c) Selection
      Beginning in fiscal year 1994, and annually thereafter for a
    period of 10 years, the Secretary, in consultation with the
    Advisory Committee, shall select developments described in
    subsection (a) of this section that are worthy of receiving an
    award under this section, and shall make such awards.
    (d) Eligibility
      Awards may be made under this section only to individuals who are
    United States nationals or permanent resident aliens, or to non-
    Federal organizations that are organized under the laws of the
    United States or the laws of a State of the United States.
    (e) Authorization of appropriations
      There are authorized to be appropriated to the Secretary $50,000
    for each of the fiscal years 1994, 1995, and 1996 for carrying out
    this section.
    (f) Awards made in absence of appropriations
      The Secretary shall make honorary awards under this section if
    sufficient funds are not available for financial awards in any
    fiscal year.

-SOURCE-
    (Pub. L. 102-486, title XII, Sec. 1204, Oct. 24, 1992, 106 Stat.
    2961.)

-End-

-CITE-
    42 USC Sec. 13314                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-
    Sec. 13314. Study of tax and rate treatment of renewable energy
      projects

-STATUTE-
      (a) The Secretary, in conjunction with State regulatory
    commissions, shall undertake a study to determine if conventional
    taxation and ratemaking procedures result in economic barriers to
    or incentives for renewable energy power plants compared to
    conventional power plants.
      (b) Within 1 year after October 24, 1992, the Secretary shall
    submit a report to the Congress on the results of the study
    undertaken under subsection (a) of this section.

-SOURCE-
    (Pub. L. 102-486, title XII, Sec. 1205, Oct. 24, 1992, 106 Stat.
    2962.)

-End-

-CITE-
    42 USC Sec. 13315                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-
    Sec. 13315. Data system and energy technology evaluation

-STATUTE-
      The Secretary of Commerce, in his or her role as a member of the
    interagency working group established under section 6276 of this
    title, shall - 
        (1) develop a comprehensive data base and information
      dissemination system, using the National Trade Data Bank and the
      Commercial Information Management System of the Department of
      Commerce, that will provide information on the specific energy
      technology needs of foreign countries, and the technical and
      economic competitiveness of various renewable energy and energy
      efficiency products and technologies;
        (2) make such information available to industry, Federal and
      multilateral lending agencies, nongovernmental organizations,
      host-country and donor-agency officials, and such others as the
      Secretary of Commerce considers necessary; and
        (3) prepare and transmit to the Congress not later than June 1,
      1993, and biennially thereafter, a comprehensive report
      evaluating the full range of energy and environmental
      technologies necessary to meet the energy needs of foreign
      countries, including - 
          (A) information on the specific energy needs of foreign
        countries;
          (B) an inventory of United States technologies and services
        to meet those needs;
          (C) an update on the status of ongoing bilateral and
        multilateral programs which promote United States exports of
        renewable energy and energy efficiency products and
        technologies; and
          (D) an evaluation of current programs (and recommendations
        for future programs) that develop and promote energy efficiency
        and sustainable use of indigenous renewable energy resources in
        foreign countries to reduce the generation of greenhouse gases.

-SOURCE-
    (Pub. L. 102-486, title XII, Sec. 1209, Oct. 24, 1992, 106 Stat.
    2964.)

-End-

-CITE-
    42 USC Sec. 13316                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-
    Sec. 13316. Innovative renewable energy technology transfer program

-STATUTE-
    (a) Establishment of program
      The Secretary, through the Agency for International Development,
    and in consultation with the other members of the interagency
    working group established under section 6276(d) of this title (in
    this section referred to as the "interagency working group"), shall
    establish a renewable energy technology transfer program to carry
    out the purposes described in subsection (b) of this section.
    Within 150 days after October 24, 1992, the Secretary and the
    Administrator of the Agency for International Development shall
    enter into a written agreement to carry out this section. The
    agreement shall establish a procedure for resolving any disputes
    between the Secretary and the Administrator regarding the
    implementation of specific projects. With respect to countries not
    assisted by the Agency for International Development, the Secretary
    may enter into agreements with other appropriate Federal agencies.
    If the Secretary and the Administrator, or the Secretary and an
    agency described in the previous sentence, are unable to reach an
    agreement, each shall send a memorandum to the President outlining
    an appropriate agreement. Within 90 days after receipt of either
    memorandum, the President shall determine which version of the
    agreement shall be in effect. Any agreement entered into under this
    subsection shall be provided to the appropriate committees of the
    Congress and made available to the public.
    (b) Purposes of program
      The purposes of the technology transfer program under this
    section are to - 
        (1) reduce the United States balance of trade deficit through
      the export of United States renewable energy technologies and
      technological expertise;
        (2) retain and create manufacturing and related service jobs in
      the United States;
        (3) encourage the export of United States renewable energy
      technologies, including services related thereto, to those
      countries that have a need for developmentally sound facilities
      to provide energy derived from renewable resources;
        (4) develop markets for United States renewable energy
      technologies to be utilized in meeting the energy and
      environmental requirements of foreign countries;
        (5) better ensure that United States participation in energy-
      related projects in foreign countries includes participation by
      United States firms as well as utilization of United States
      technologies that have been developed or demonstrated in the
      United States through publicly or privately funded demonstration
      programs;
        (6) ensure the introduction of United States firms and
      expertise in foreign countries;
        (7) provide financial assistance by the Federal Government to
      foster greater participation by United States firms in the
      financing, ownership, design, construction, or operation of
      renewable energy technology projects in foreign countries;
        (8) assist foreign countries in meeting their energy needs
      through the use of renewable energy in an environmentally
      acceptable manner, consistent with sustainable development
      policies; and
        (9) assist United States firms, especially firms that are in
      competition with firms in foreign countries, to obtain
      opportunities to transfer technologies to, or undertake projects
      in, foreign countries.
    (c) Identification
      Pursuant to the agreements required by subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, and after consultation with the interagency working
    group, United States firms, and representatives from foreign
    countries, shall develop mechanisms to identify potential energy
    projects in host countries, and shall identify a list of such
    projects within 240 days after October 24, 1992, and periodically
    thereafter.
    (d) Financial mechanisms
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, shall - 
        (A) establish appropriate financial mechanisms to increase the
      participation of United States firms in energy projects utilizing
      United States renewable energy technologies, and services related
      thereto, in developing countries;
        (B) utilize available financial assistance authorized by this
      section to counterbalance assistance provided by foreign
      governments to non-United States firms; and
        (C) provide financial assistance to support projects.

      (2) The financial assistance authorized by this section may be - 
        (A) provided in combination with other forms of financial
      assistance, including non-United States funding that is available
      to the project; and
        (B) utilized to assist United States firms in the development
      of innovative financing packages for renewable energy technology
      projects that utilize other financial assistance programs
      available through the Federal Government.

      (3) United States obligations under the Arrangement on Guidelines
    for Officially Supported Export Credits established through the
    Organization for Economic Cooperation and Development shall be
    applicable to this section.
    (e) Solicitations for project proposals
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, within one year after October 24, 1992, and
    subsequently as appropriate thereafter, shall solicit proposals
    from United States firms for the design, construction, testing, and
    operation of the project or projects identified under subsection
    (c) of this section which propose to utilize a United States
    renewable energy technology. Each solicitation under this section
    shall establish a closing date for receipt of proposals.
      (2) The solicitation under this subsection shall, to the extent
    appropriate, be modeled after the RFP No. DE-PS01-90FE62271 Clean
    Coal Technology IV, as administered by the Department of Energy.
      (3) Any solicitation made under this subsection shall include the
    following requirements:
        (A) The United States firm that submits a proposal in response
      to the solicitation shall have an equity interest in the proposed
      project.
        (B) The project shall utilize a United States renewable energy
      technology, including services related thereto, in meeting the
      applicable energy and environmental requirements of the host
      country.
        (C) Proposals for projects shall be submitted by and undertaken
      with a United States firm, although a joint venture or other
      teaming arrangement with a non-United States manufacturer or
      other non-United States entity is permissible.
    (f) Assistance to United States firms
      Pursuant to the agreements under subsection (a) of this section,
    the Secretary, through the Agency for International Development,
    and in consultation with the interagency working group, shall
    establish a procedure to provide financial assistance to United
    States firms under this section for a project identified under
    subsection (c) of this section where solicitations for the project
    are being conducted by the host country or by a multilateral
    lending institution.
    (g) Other program requirements
      Pursuant to the agreements under subsection (a) of this section,
    the Secretary, through the Agency for International Development,
    and in consultation with the working group, shall - 
        (1) establish eligibility criteria for host countries;
        (2) periodically review the energy needs of such countries and
      export opportunities for United States firms for the development
      of projects in such countries;
        (3) consult with government officials in host countries and, as
      appropriate, with representatives of utilities or other entities
      in host countries, to determine interest in and support for
      potential projects; and
        (4) determine whether each project selected under this section
      is developmentally sound, as determined under the criteria
      developed by the Development Assistance Committee of the
      Organization for Economic Cooperation and Development.
    (h) Selection of projects
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, shall, not later than 120 days after receipt of
    proposals in response to a solicitation under subsection (e) of
    this section, select one or more proposals under this section.
      (2) In selecting a proposal under this section, the Secretary,
    through the Agency for International Development, shall consider - 
        (A) the ability of the United States firm, in cooperation with
      the host country, to undertake and complete the project;
        (B) the degree to which the equipment to be included in the
      project is designed and manufactured in the United States;
        (C) the long-term technical and competitive viability of the
      United States technology, and services related thereto, and the
      ability of the United States firm to compete in the development
      of additional energy projects using such technology in the host
      country and in other foreign countries;
        (D) the extent of technical and financial involvement of the
      host country in the project;
        (E) the extent to which the proposed project meets the purposes
      stated in section 13311(b) (!1) of this title;

        (F) the extent of technical, financial, management, and
      marketing capabilities of the participants in the project, and
      the commitment of the participants to completion of a successful
      project in a manner that will facilitate acceptance of the United
      States technology for future application; and
        (G) such other criteria as may be appropriate.

      (3) In selecting among proposed projects, the Secretary shall
    seek to ensure that, relative to otherwise comparable projects in
    the host country, a selected project will meet 1 or more of the
    following criteria:
        (A) It will reduce environmental emissions to an extent greater
      than required by applicable provisions of law.
        (B) It will make greater use of indigenous renewable energy
      resources.
        (C) It will be a more cost-effective technological alternative,
      based on life cycle capital and operating costs per unit of
      energy produced and, where applicable, costs per unit of product
      produced.

    Priority in selection shall be given to those projects which, in
    the judgment of the Secretary, best meet one or more of these
    criteria.
    (i) United States-Asia Environmental Partnership
      Activities carried out under this section shall be coordinated
    with the United States-Asia Environmental Partnership.
    (j) Buy America
      In carrying out this section, the Secretary, through the Agency
    for International Development, and pursuant to the agreements under
    subsection (a) of this section, shall ensure - 
        (1) the maximum percentage, but in no case less than 50
      percent, of the cost of any equipment furnished in connection
      with a project authorized under this section shall be
      attributable to the manufactured United States components of such
      equipment; and
        (2) the maximum participation of United States firms.

    In determining whether the cost of United States components equals
    or exceeds 50 percent, the cost of assembly of such United States
    components in the host country shall not be considered a part of
    the cost of such United States component.
    (k) Reports to Congress
      The Secretary and the Administrator of the Agency for
    International Development shall report annually to the Committee on
    Energy and Natural Resources of the Senate and the appropriate
    committees of the House of Representatives on the progress being
    made to introduce renewable energy technologies into foreign
    countries.
    (l) Definitions
      For purposes of this section - 
        (1) the term "host country" means a foreign country which is - 
          (A) the participant in or the site of the proposed renewable
        energy technology project; and
          (B) either - 
            (i) classified as a country eligible to participate in
          development assistance programs of the Agency for
          International Development pursuant to applicable law or
          regulation; or
            (ii) a developing country.

        (2) the term "developing country" includes, but is not limited
      to, countries in Central and Eastern Europe or in the independent
      states of the former Soviet Union.
    (m) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out the program required by this section, $100,000,000 for each of
    the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

-SOURCE-
    (Pub. L. 102-486, title XII, Sec. 1211, Oct. 24, 1992, 106 Stat.
    2965.)

-FOOTNOTE-
    (!1) So in original. Probably should be section "13316(b)".

-End-

-CITE-
    42 USC Sec. 13317                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER V - RENEWABLE ENERGY

-HEAD-
    Sec. 13317. Renewable energy production incentive

-STATUTE-
    (a) Incentive payments
      (1) For electric energy generated and sold by a qualified
    renewable energy facility during the incentive period, the
    Secretary shall make, subject to the availability of
    appropriations, incentive payments to the owner or operator of such
    facility.
      (2) The amount of such payment made to any such owner or operator
    shall be as determined under subsection (e) of this section.
      (3) Payments under this section may only be made upon receipt by
    the Secretary of an incentive payment application which establishes
    that the applicant is eligible to receive such payment.
      (4)(A) Subject to subparagraph (B), if there are insufficient
    appropriations to make full payments for electric production from
    all qualified renewable energy facilities for a fiscal year, the
    Secretary shall assign - 
        (i) 60 percent of appropriated funds for the fiscal year to
      facilities that use solar, wind, ocean (including tidal, wave,
      current, and thermal), geothermal, or closed-loop (dedicated
      energy crops) biomass technologies to generate electricity; and
        (ii) 40 percent of appropriated funds for the fiscal year to
      other projects.

      (B) After submitting to Congress an explanation of the reasons
    for the alteration, the Secretary may alter the percentage
    requirements of subparagraph (A).
    (b) Qualified renewable energy facility
      For purposes of this section, a qualified renewable energy
    facility is a facility which is owned by a not-for-profit electric
    cooperative, a public utility described in section 115 of title 26,
    a State, Commonwealth, territory, or possession of the United
    States, or the District of Columbia, or a political subdivision
    thereof, an Indian tribal government or subdivision thereof, or a
    Native Corporation (as defined in section 1602 of title 43), and
    which generates electric energy for sale in, or affecting,
    interstate commerce using solar, wind, biomass, landfill gas,
    livestock methane, ocean (including tidal, wave, current, and
    thermal), or geothermal energy, except that - 
        (1) the burning of municipal solid waste shall not be treated
      as using biomass energy; and
        (2) geothermal energy shall not include energy produced from a
      dry steam geothermal reservoir which has - 
          (A) no mobile liquid in its natural state;
          (B) steam quality of 95 percent water; and
          (C) an enthalpy for the total produced fluid greater than or
        equal to 1200 Btu/lb (British thermal units per pound).
    (c) Eligibility window
      Payments may be made under this section only for electricity
    generated from a qualified renewable energy facility first used
    before October 1, 2016.
    (d) Payment period
      A qualified renewable energy facility may receive payments under
    this section for a 10-fiscal year period. Such period shall begin
    with the fiscal year in which electricity generated from the
    facility is first eligible for such payments, or in which the
    Secretary determines that all necessary Federal and State
    authorizations have been obtained to begin construction of the
    facility.
    (e) Amount of payment
      (1) In general
        Incentive payments made by the Secretary under this section to
      the owner or operator of any qualified renewable energy facility
      shall be based on the number of kilowatt hours of electricity
      generated by the facility through the use of solar, wind,
      biomass, landfill gas, livestock methane, ocean (including tidal,
      wave, current, and thermal), or geothermal energy during the
      payment period referred to in subsection (d) of this section. For
      any facility, the amount of such payment shall be 1.5 cents per
      kilowatt hour, adjusted as provided in paragraph (2).
      (2) Adjustments
        The amount of the payment made to any person under this
      subsection as provided in paragraph (1) shall be adjusted for
      inflation for each fiscal year beginning after calendar year 1993
      in the same manner as provided in the provisions of section
      29(d)(2)(B) of title 26,(!1) except that in applying such
      provisions the calendar year 1993 shall be substituted for
      calendar year 1979.

    (f) Sunset
      No payment may be made under this section to any facility after
    September 30, 2026, and no payment may be made under this section
    to any facility after a payment has been made with respect to such
    facility for a 10-fiscal year period.
    (g) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section for each of fiscal years 2006
    through 2026, to remain available until expended.

-SOURCE-
    (Pub. L. 102-486, title XII, Sec. 1212, Oct. 24, 1992, 106 Stat.
    2969; Pub. L. 109-58, title II, Sec. 202, Aug. 8, 2005, 119 Stat.
    651.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 29 of title 26, referred to in subsec. (e)(2), was
    renumbered section 45K of title 26 by Pub. L. 109-58, title XIII,
    Sec. 1322(a)(1), Aug. 8, 2005, 119 Stat. 1011.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58, Sec. 202(a), designated
    first, second, and third sentences as pars. (1) to (3),
    respectively, in par. (3) struck out "and which satisfies such
    other requirements as the Secretary deems necessary" after "receive
    such payment", struck out at end "Such application shall be in such
    form, and shall be submitted at such time, as the Secretary shall
    establish.", and added par. (4).
      Subsec. (b). Pub. L. 109-58, Sec. 202(b), in introductory
    provisions, substituted "a not-for-profit electric cooperative, a
    public utility described in section 115 of title 26, a State,
    Commonwealth, territory, or possession of the United States, or the
    District of Columbia, or a political subdivision thereof, an Indian
    tribal government or subdivision thereof, or a Native Corporation
    (as defined in section 1602 of title 43)," for "a State or any
    political subdivision of a State (or an agency, authority, or
    instrumentality of a State or a political subdivision), by any
    corporation or association which is wholly owned, directly or
    indirectly, by one or more of the foregoing, or by a nonprofit
    electrical cooperative" and inserted "landfill gas, livestock
    methane, ocean (including tidal, wave, current, and thermal),"
    after "wind, biomass,".
      Subsec. (c). Pub. L. 109-58, Sec. 202(c), substituted "before
    October 1, 2016" for "during the 10-fiscal year period beginning
    with the first full fiscal year occurring after October 24, 1992".
      Subsec. (d). Pub. L. 109-58, Sec. 202(d), inserted ", or in which
    the Secretary determines that all necessary Federal and State
    authorizations have been obtained to begin construction of the
    facility" after "eligible for such payments".
      Subsec. (e)(1). Pub. L. 109-58, Sec. 202(e), inserted "landfill
    gas, livestock methane, ocean (including tidal, wave, current, and
    thermal)," after "wind, biomass,".
      Subsec. (f). Pub. L. 109-58, Sec. 202(f), substituted "September
    30, 2026" for "the expiration of the 20-fiscal year period
    beginning with the first full fiscal year occurring after October
    24, 1992".
      Subsec. (g). Pub. L. 109-58, Sec. 202(g), added subsec. (g) and
    struck out heading and text of former subsec. (g). Text read as
    follows: "There are authorized to be appropriated to the Secretary
    for fiscal years 1993, 1994, and 1995 such sums as may be necessary
    to carry out the purposes of this section."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC SUBCHAPTER VI - COAL                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL

-HEAD-
                           SUBCHAPTER VI - COAL                       

-End-

-CITE-
    42 USC Part A - Research, Development, Demonstration, and
                     Commercial Application                01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
       PART A - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL
                                APPLICATION

-End-

-CITE-
    42 USC Sec. 13331                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13331. Coal research, development, demonstration, and
      commercial application programs

-STATUTE-
    (a) Establishment
      The Secretary shall, in accordance with section (!1) 13541 and
    13542 of this title, conduct programs for research, development,
    demonstration, and commercial application on coal-based
    technologies. Such research, development, demonstration, and
    commercial application programs shall include the programs
    established under this part, and shall have the goals and
    objectives of - 

        (1) ensuring a reliable electricity supply;
        (2) complying with applicable environmental requirements;
        (3) achieving the control of sulfur oxides, oxides of nitrogen,
      air toxics, solid and liquid wastes, greenhouse gases, or other
      emissions resulting from coal use or conversion at levels of
      proficiency greater than or equal to applicable currently
      available commercial technology;
        (4) achieving the cost competitive conversion of coal into
      energy forms usable in the transportation sector;
        (5) demonstrating the conversion of coal to synthetic gaseous,
      liquid, and solid fuels;
        (6) demonstrating, in cooperation with other Federal and State
      agencies, the use of coal-derived fuels in mobile equipment, with
      opportunities for industrial cost sharing participation;
        (7) ensuring the timely commercial application of cost-
      effective technologies or energy production processes or systems
      utilizing coal which achieve - 
          (A) greater efficiency in the conversion of coal to useful
        energy when compared to currently available commercial
        technology for the use of coal; and
          (B) the control of emissions from the utilization of coal;
        and

        (8) ensuring the availability for commercial use of such
      technologies by the year 2010.
    (b) Demonstration and commercial application programs
      (1) In selecting either a demonstration project or a commercial
    application project for financial assistance under this part, the
    Secretary shall seek to ensure that, relative to otherwise
    comparable commercially available technologies or products, the
    selected project will meet one or more of the following criteria:
        (A) It will reduce environmental emissions to an extent greater
      than required by applicable provisions of law.
        (B) It will increase the overall efficiency of the utilization
      of coal, including energy conversion efficiency and, where
      applicable, production of products derived from coal.
        (C) It will be a more cost-effective technological alternative,
      based on life cycle capital and operating costs per unit of
      energy produced and, where applicable, costs per unit of product
      produced.

    Priority in selection shall be given to those projects which, in
    the judgment of the Secretary, best meet one or more of these
    criteria.
      (2) In administering demonstration and commercial application
    programs authorized by this part, the Secretary shall establish
    accounting and project management controls that will be adequate to
    control costs.
      (3)(A) Not later than 180 days after October 24, 1992, the
    Secretary shall establish procedures and criteria for the
    recoupment of the Federal share of each cost shared demonstration
    and commercial application project authorized pursuant to this
    part. Such recoupment shall occur within a reasonable period of
    time following the date of completion of such project, but not
    later than 20 years following such date, taking into account the
    effect of recoupment on - 
        (i) the commercial competitiveness of the entity carrying out
      the project;
        (ii) the profitability of the project; and
        (iii) the commercial viability of the coal-based technology
      utilized.

      (B) The Secretary may at any time waive or defer all or some
    portion of the recoupment requirement as necessary for the
    commercial viability of the project.
      (4) Projects selected by the Secretary under this part for
    demonstration or commercial application of a technology shall, in
    the judgment of the Secretary, be capable of enhancing the state of
    the art for such technology.
    (c) Report
      Within 240 days after October 24, 1992, the Secretary shall
    transmit to the Committee on Energy and Commerce and the Committee
    on Science, Space, and Technology of the House of Representatives
    and to the Committee on Energy and Natural Resources of the Senate
    a report which shall include each of the following:
        (1) A detailed description of ongoing research, development,
      demonstration, and commercial application activities regarding
      coal-based technologies undertaken by the Department of Energy,
      other Federal or State government departments or agencies and, to
      the extent such information is publicly available, other public
      or private organizations in the United States and other
      countries.
        (2) A listing and analysis of current Federal and State
      government regulatory and financial incentives that could further
      the goals of the programs established under this part.
        (3) Recommendations regarding the manner in which any ongoing
      coal-based demonstration and commercial application program might
      be modified and extended in order to ensure the timely
      demonstrations of advanced coal-based technologies so as to
      ensure that the goals established under this section are achieved
      and that such demonstrated technologies are available for
      commercial use by the year 2010.
        (4) Recommendations, if any, regarding the manner in which the
      cost sharing demonstrations conducted pursuant to the Clean Coal
      Program established by Public Law 98-473 might be modified and
      extended in order to ensure the timely demonstration of advanced
      coal-based technologies.
        (5) A detailed plan for conducting the research, development,
      demonstration, and commercial application programs to achieve the
      goals and objectives of subsection (a) of this section, which
      plan shall include a description of - 
          (A) the program elements and management structure to be
        utilized;
          (B) the technical milestones to be achieved with respect to
        each of the advanced coal-based technologies included in the
        plan; and
          (C) the dates at which further deadlines for additional cost
        sharing demonstrations shall be established.
    (d) Status reports
      Within one year after transmittal of the report described in
    subsection (c) of this section, and every 2 years thereafter for a
    period of 6 years, the Secretary shall transmit to the Congress a
    report that provides a detailed description of the status of
    development of the advanced coal-based technologies and the
    research, development, demonstration, and commercial application
    activities undertaken to carry out the programs required by this
    part.
    (e) Consultation
      In carrying out research, development, demonstration, and
    commercial application activities under this part, the Secretary
    shall consult with the National Coal Council and other
    representatives of the public and private sectors as the Secretary
    considers appropriate.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1301, Oct. 24, 1992, 106 Stat.
    2970.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 98-473, referred to in subsec. (c)(4), is Pub. L. 98-
    473, Oct. 12, 1984, 98 Stat. 1837, as amended. For complete
    classification of this Act to the Code, see Tables.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives and Committee on Science, Space, and Technology of
    House of Representatives treated as referring to Committee on
    Science of House of Representatives by section 1(a) of Pub. L. 104-
    14, set out as a note preceding section 21 of Title 2, The
    Congress. Committee on Commerce of House of Representatives changed
    to Committee on Energy and Commerce of House of Representatives,
    and jurisdiction over matters relating to securities and exchanges
    and insurance generally transferred to Committee on Financial
    Services of House of Representatives by House Resolution No. 5, One
    Hundred Seventh Congress, Jan. 3, 2001.

-FOOTNOTE-
    (!1) So in original. Probably should be "sections".

-End-

-CITE-
    42 USC Sec. 13332                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13332. Coal-fired diesel engines

-STATUTE-
      The Secretary shall conduct a program of research, development,
    demonstration, and commercial application for utilizing coal-
    derived liquid or gaseous fuels, including ultra-clean coal-water
    slurries, in diesel engines. The program shall address - 
        (1) required engine retrofit technology;
        (2) coal-fuel production technology;
        (3) emission control requirements;
        (4) the testing of low-Btu highly reactive fuels;
        (5) fuel delivery and storage systems requirements; and
        (6) other infrastructure required to support commercial
      deployment.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1302, Oct. 24, 1992, 106 Stat.
    2972.)

-End-

-CITE-
    42 USC Sec. 13333                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13333. Clean coal, waste-to-energy

-STATUTE-
      The Secretary shall establish a program of research, development,
    demonstration, and commercial application with respect to the use
    of solid waste combined with coal as a fuel source for clean coal
    combustion technologies. The program shall address - 
        (1) the feasibility of cofiring coal and used vehicle tires in
      fluidized bed combustion units;
        (2) the combined gasification of coal and municipal sludge
      using integrated gasification combined cycle technology;
        (3) the creation of fuel pellets combining coal and material
      reclaimed from solid waste;
        (4) the feasibility of cofiring, in fluidized bed combustion
      units, waste methane from coal mines, including ventilation air,
      together with coal or coal wastes; and
        (5) other sources of waste and coal mixtures in other
      applications that the Secretary considers appropriate.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1303, Oct. 24, 1992, 106 Stat.
    2972.)

-End-

-CITE-
    42 USC Sec. 13334                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13334. Nonfuel use of coal

-STATUTE-
    (a) Program
      The Secretary shall prepare a plan for and carry out a program of
    research, development, demonstration, and commercial application
    with respect to technologies for the nonfuel use of coal, including
    - 
        (1) production of coke and other carbon products derived from
      coal;
        (2) production of coal-derived, carbon-based chemical
      intermediates that are precursors of value-added chemicals and
      polymers;
        (3) production of chemicals from coal-derived synthesis gas;
        (4) coal treatment processes, including methodologies such as
      solvent-extraction techniques that produce low ash, low sulfur,
      coal-based chemical feedstocks; and
        (5) waste utilization, including recovery, processing, and
      marketing of products derived from sulfur, carbon dioxide,
      nitrogen, and ash from coal.
    (b) Plan contents
      The plan described in subsection (a) of this section shall
    address and evaluate - 
        (1) the known and potential processes for using coal in the
      creation of products in the chemical, utility, fuel, and carbon-
      based materials industries;
        (2) the costs, benefits, and economic feasibility of using coal
      products in the chemical and materials industries, including
      value-added chemicals, carbon-based products, coke, and waste
      derived from coal;
        (3) the economics of coproduction of products from coal in
      conjunction with the production of electric power, thermal
      energy, and fuel;
        (4) the economics of the refining of coal and coal byproducts
      to produce nonfuel products;
        (5) the economics of coal utilization in comparison with other
      feedstocks that might be used for the same purposes;
        (6) the steps that can be taken by the public and private
      sectors to bring about commercialization of technologies
      developed under the program recommended; and
        (7) the past development, current status, and future potential
      of coal products and processes associated with nonfuel uses of
      coal.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1304, Oct. 24, 1992, 106 Stat.
    2973.)

-End-

-CITE-
    42 USC Sec. 13335                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13335. Coal refinery program

-STATUTE-
    (a) Program
      The Secretary shall conduct a program of research, development,
    demonstration, and commercial application for coal refining
    technologies.
    (b) Objectives
      The program shall include technologies for refining high sulfur
    coals, low sulfur coals, sub-bituminous coals, and lignites to
    produce clean-burning transportation fuels, compliance boiler
    fuels, fuel additives, lubricants, chemical feedstocks, and carbon-
    based manufactured products, either alone or in conjunction with
    the generation of electricity or process heat, or the manufacture
    of a variety of products from coal. The objectives of such program
    shall be to achieve - 
        (1) the timely commercial application of technologies,
      including mild gasification, hydrocracking and other
      hydropyrolysis processes, and other energy production processes
      or systems to produce coal-derived fuels and coproducts, which
      achieve greater efficiency and economy in the conversion of coal
      to electrical energy and coproducts than currently available
      technology;
        (2) the production of energy, fuels, and products which, on a
      complete energy system basis, will result in environmental
      emissions no greater than those produced by existing comparable
      energy systems utilized for the same purpose;
        (3) the capability to produce a range of coal-derived
      transportation fuels, including oxygenated hydrocarbons, boiler
      fuels, turbine fuels, and coproducts, which can reduce dependence
      on imported oil by displacing conventional petroleum in the
      transportation sector and other sectors of the economy;
        (4) reduction in the cost of producing such coal-derived fuels
      and coproducts;
        (5) the control of emissions from the combustion of coal-
      derived fuels; and
        (6) the availability for commercial use of such technologies by
      the year 2000.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1305, Oct. 24, 1992, 106 Stat.
    2973.)

-End-

-CITE-
    42 USC Sec. 13336                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13336. Coalbed methane recovery

-STATUTE-
    (a) Study of barriers and environmental and safety aspects
      The Secretary, in consultation with the Administrator of the
    Environmental Protection Agency and the Secretary of the Interior,
    shall conduct a study of - 
        (1) technical, economic, financial, legal, regulatory,
      institutional, or other barriers to coalbed methane recovery, and
      of policy options for eliminating such barriers; and
        (2) the environmental and safety aspects of flaring coalbed
      methane liberated from coal mines.

    Within two years after October 24, 1992, the Secretary shall submit
    a report to the Congress detailing the results of such study.
    (b) Information dissemination
      Beginning one year after October 24, 1992, the Secretary, in
    consultation with the Administrator of the Environmental Protection
    Agency and the Secretary of the Interior, shall disseminate to the
    public information on state-of-the-art coalbed methane recovery
    techniques, including information on costs and benefits.
    (c) Demonstration and commercial application program
      The Secretary, in consultation with the Administrator of the
    Environmental Protection Agency and the Secretary of the Interior,
    shall establish a coalbed methane recovery demonstration and
    commercial application program, which shall emphasize gas
    enrichment technology. Such program shall address - 
        (1) gas enrichment technologies for enriching medium-quality
      methane recovered from coal mines to pipeline quality;
        (2) technologies to use mine ventilation air in nearby power
      generation facilities, including gas turbines, internal
      combustion engines, or other coal fired powerplants;
        (3) technologies for cofiring methane recovered from mines,
      including methane from ventilation systems and degasification
      systems, together with coal in conventional or clean coal
      technology boilers; and
        (4) other technologies for producing and using methane from
      coal mines that the Secretary considers appropriate.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1306, Oct. 24, 1992, 106 Stat.
    2974.)

-End-

-CITE-
    42 USC Sec. 13337                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13337. Metallurgical coal development

-STATUTE-
      (a) The Secretary shall establish a research, development,
    demonstration, and commercial application program on metallurgical
    coal utilization for the purpose of developing techniques that will
    lead to the greater and more efficient utilization of the Nation's
    metallurgical coal resources.
      (b) The program referred to in subsection (a) of this section
    shall include the use of metallurgical coal - 
        (1) as a boiler fuel for the purpose of generating steam to
      produce electricity, including blending metallurgical coal with
      other coals in order to enhance its efficient application as a
      boiler fuel;
        (2) as an ingredient in the manufacturing of steel; and
        (3) as a source of pipeline quality coalbed methane.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1307, Oct. 24, 1992, 106 Stat.
    2975.)

-End-

-CITE-
    42 USC Sec. 13338                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13338. Utilization of coal wastes

-STATUTE-
    (a) Coal waste utilization program
      The Secretary, in consultation with the Secretary of the
    Interior, shall establish a research, development, demonstration,
    and commercial application program on coal waste utilization for
    the purpose of developing techniques that will lead to the greater
    and more efficient utilization of coal wastes from mining and
    processing, other than coal ash.
    (b) Use as boiler fuel
      The program referred to in subsection (a) of this section shall
    include projects to facilitate the use of coal wastes from mining
    and processing as a boiler fuel for the purpose of generating steam
    to produce electricity.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1308, Oct. 24, 1992, 106 Stat.
    2975.)

-End-

-CITE-
    42 USC Sec. 13339                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13339. Underground coal gasification

-STATUTE-
    (a) Program
      The Secretary shall conduct a research, development,
    demonstration, and commercial application program for underground
    coal gasification technology for in-situ conversion of coal to a
    cleaner burning, easily transportable gaseous fuel. The goal and
    objective of this program shall be to accelerate the development
    and commercialization of underground coal gasification. In carrying
    out this program, the Secretary shall give equal consideration to
    all ranks of coal.
    (b) Demonstration projects
      As part of the program authorized in subsection (a) of this
    section, the Secretary may solicit proposals for underground coal
    gasification technology projects to fulfill the goal and objective
    of subsection (a) of this section.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1309, Oct. 24, 1992, 106 Stat.
    2975.)

-End-

-CITE-
    42 USC Sec. 13340                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13340. Low-rank coal research and development

-STATUTE-
      The Secretary shall pursue a program of research and development
    with respect to the technologies needed to expand the use of low-
    rank coals which take into account the unique properties of
    lignites and sub-bituminous coals, including, but not limited to,
    the following areas - 
        (1) high value-added carbon products;
        (2) fuel cell applications;
        (3) emissions control and combustion efficiencies;
        (4) coal water fuels and underground coal gasification;
        (5) distillates; and
        (6) any other technologies which will assist in the development
      of niche markets for lignites and sub-bituminous coals.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1310, Oct. 24, 1992, 106 Stat.
    2975.)

-End-

-CITE-
    42 USC Sec. 13341                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13341. Magnetohydrodynamics

-STATUTE-
    (a) Program
      The Secretary shall carry out a research, development,
    demonstration, and commercial application program in
    magnetohydrodynamics. The purpose of this program shall be to
    determine the adequacy of the engineering and design information
    completed to date under Department of Energy contracts related to
    magnetohydrodynamics retrofit systems and to determine whether any
    further Federal investment in this technology is warranted.
    (b) Solicitation of proposals
      In order to carry out the program authorized in subsection (a) of
    this section, the Secretary may solicit proposals from the private
    sector and seek to enter into an agreement with appropriate
    parties.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1311, Oct. 24, 1992, 106 Stat.
    2976.)

-End-

-CITE-
    42 USC Sec. 13342                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13342. Oil substitution through coal liquefaction

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a program of research, development,
    demonstration, and commercial application for the purpose of
    developing economically and environmentally acceptable advanced
    technologies for oil substitution through coal liquefaction.
    (b) Program goals
      The goals of the program established under subsection (a) of this
    section shall include - 
        (1) improved resource selection and product quality;
        (2) the development of technologies to increase net yield of
      liquid fuel product per ton of coal;
        (3) an increase in overall thermal efficiency; and
        (4) a reduction in capital and operating costs through
      technology improvements.
    (c) Proposals
      Within 180 days after October 24, 1992, the Secretary shall
    solicit proposals for conducting activities under this section.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1312, Oct. 24, 1992, 106 Stat.
    2976.)

-End-

-CITE-
    42 USC Sec. 13343                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part A - Research, Development, Demonstration, and Commercial
              Application                             

-HEAD-
    Sec. 13343. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary for
    carrying out this part $278,139,000 for fiscal year 1993 and such
    sums as may be necessary for fiscal years 1994 through 1997.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1313, Oct. 24, 1992, 106 Stat.
    2976.)

-End-

-CITE-
    42 USC Part B - Clean Coal Technology Program               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part B - Clean Coal Technology Program

-HEAD-
                  PART B - CLEAN COAL TECHNOLOGY PROGRAM              

-End-

-CITE-
    42 USC Sec. 13351                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part B - Clean Coal Technology Program

-HEAD-
    Sec. 13351. Additional clean coal technology solicitations

-STATUTE-
    (a) Program design
      Additional clean coal technology solicitations described in
    subsection (b) of this section shall be designed to ensure the
    timely development of cost-effective technologies or energy
    production processes or systems utilizing coal that achieve greater
    efficiency in the conversion of coal to useful energy when compared
    to currently commercially available technology for the use of coal
    and the control of emissions from the combustion of coal. Such
    program shall be designed to ensure, to the greatest extent
    possible, the availability for commercial use of such technologies
    by the year 2010.
    (b) Additional solicitations
      In conducting the Clean Coal Program established by Public Law 98-
    473, the Secretary shall consider the potential benefits of
    conducting additional solicitations pursuant to such program and,
    based on the results of that consideration, may carry out such
    additional solicitations, which shall be similar in scope and
    percentage of Federal cost sharing as that provided by Public Law
    101-121.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1321, Oct. 24, 1992, 106 Stat.
    2976.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 98-473, referred to in subsec. (b), is Pub. L. 98-473,
    Oct. 12, 1984, 98 Stat. 1837, as amended. For complete
    classification of this Act to the Code, see Tables.
      Public Law 101-121, referred to in subsec. (b), is Pub. L. 101-
    121, Oct. 23, 1989, 103 Stat. 701, as amended. For complete
    classification of this Act to the Code, see Tables.

-End-

-CITE-
    42 USC Part C - Other Coal Provisions                       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
                      PART C - OTHER COAL PROVISIONS                  

-End-

-CITE-
    42 USC Sec. 13361                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13361. Clean coal technology export promotion and interagency
      coordination

-STATUTE-
    (a) Establishment
      There shall be established within the Trade Promotion
    Coordinating Committee (established by the President on May 23,
    1990) a Clean Coal Technology Subgroup (in this part referred to as
    the "CCT Subgroup") to focus interagency efforts on clean coal
    technologies. The CCT Subgroup shall seek to expand the export and
    use of clean coal technologies, particularly in those countries
    which can benefit from gains in the efficiency of, and the control
    of environmental emissions from, coal utilization.
    (b) Membership
      The CCT Subgroup shall include 1 member from each agency
    represented on the Energy, Environment, and Infrastructure Working
    Group of the Trade Promotion Coordinating Committee as of October
    24, 1992. The Secretary shall serve as chair of the CCT Subgroup
    and shall be responsible for ensuring that the functions of the CCT
    Subgroup are carried out through its member agencies.
    (c) Consultation
      (1) In carrying out this section, the CCT Subgroup shall consult
    with representatives from the United States coal industry,
    representatives of railroads and other transportation industries,
    organizations representing workers, the electric utility industry,
    manufacturers of equipment utilizing clean coal technology, members
    of organizations formed to further the goals of environmental
    protection or to promote the development and use of clean coal
    technologies that are developed, manufactured, or controlled by
    United States firms, and other appropriate interested members of
    the public.
      (2) The CCT Subgroup shall maintain ongoing liaison with other
    elements of the Trade Promotion Coordinating Committee relating to
    clean coal technologies or regions where these technologies could
    be important, including Eastern Europe, Asia, and the Pacific.
    (d) Duties
      The Secretary, acting through the CCT Subgroup, shall - 
        (1) facilitate the establishment of technical training for the
      consideration, planning, construction, and operation of clean
      coal technologies by end users and international development
      personnel;
        (2) facilitate the establishment of and, where practicable,
      cause to be established, consistent with the goals and objectives
      stated in section 13331(a) of this title, within existing
      departments and agencies - 
          (A) financial assistance programs (including grants, loan
        guarantees, and no interest and low interest loans) to support
        prefeasibility and feasibility studies for projects that will
        utilize clean coal technologies; and
          (B) loan guarantee programs, grants, and no interest and low
        interest loans designed to facilitate access to capital and
        credit in order to finance such clean coal technology projects;

        (3) develop and ensure the execution of programs, including the
      establishment of financial incentives, to encourage and support
      private sector efforts in exports of clean coal technologies that
      are developed, manufactured, or controlled by United States
      firms;
        (4) encourage the training in, and understanding of, clean coal
      technologies by representatives of foreign companies or countries
      intending to use coal or clean coal technologies by providing
      technical or financial support for training programs, workshops,
      and other educational programs sponsored by United States firms;
        (5) educate loan officers and other officers of international
      lending institutions, commercial and energy attache&233;s of the
      United States, and such other personnel as the CCT Subgroup
      considers appropriate, for the purposes of providing information
      about clean coal technologies to foreign governments or potential
      project sponsors of clean coal technology projects;
        (6) develop policies and practices to be conducted by
      commercial and energy attache&233;s of the United States, and
      such other personnel as the CCT Subgroup considers appropriate,
      in order to promote the exports of clean coal technologies to
      those countries interested in or intending to utilize coal
      resources;
        (7) augment budgets for trade and development programs
      supported by Federal agencies for the purpose of financially
      supporting prefeasibility or feasibility studies for projects in
      foreign countries that will utilize clean coal technologies;
        (8) review ongoing clean coal technology projects and review
      and advise Federal agencies on the approval of planned clean coal
      technology projects which are sponsored abroad by any Federal
      agency to determine whether such projects are consistent with the
      overall goals and objectives of this section;
        (9) coordinate the activities of the appropriate Federal
      agencies in order to ensure that Federal clean coal technology
      export promotion policies are implemented in a timely fashion;
        (10) work with CCT Subgroup member agencies to develop an
      overall strategy for promoting clean coal technology exports,
      including setting goals and allocating specific responsibilities
      among member agencies, consistent with applicable statutes; and
        (11) coordinate with multilateral institutions to ensure that
      United States technologies are properly represented in their
      projects.
    (e) Data and information
      (1) The CCT Subgroup, consistent with other applicable provisions
    of law, shall ensure the development of a comprehensive data base
    and information dissemination system, using the National Trade Data
    Bank and the Commercial Information Management System of the
    Department of Commerce, relating to the availability of clean coal
    technologies and the potential need for such technologies,
    particularly in developing countries and countries making the
    transition from nonmarket to market economies.
      (2) The Secretary, acting through the CCT Subgroup, shall assess
    and prioritize foreign markets that have the most potential for the
    export of clean coal technologies that are developed, manufactured,
    or controlled by United States firms. Such assessment shall include
    - 
        (A) an analysis of the financing requirements for clean coal
      technology projects in foreign countries and whether such
      projects are dependent upon financial assistance from foreign
      countries or multilateral institutions;
        (B) the availability of other fuel or energy resources that may
      be available to meet the energy requirements intended to be met
      by the clean coal technology projects;
        (C) the priority of environmental considerations in the
      selection of such projects;
        (D) the technical competence of those entities likely to be
      involved in the planning and operation of such projects;
        (E) an objective comparison of the environmental, energy, and
      economic performance of each clean coal technology relative to
      conventional technologies;
        (F) a list of United States vendors of clean coal technologies;
      and
        (G) answers to commonly asked questions about clean coal
      technologies,(!1)

    The Secretary, acting through the CCT Subgroup, shall make such
    information available to the House of Representatives and the
    Senate, and to the appropriate committees of each House of
    Congress, industry, Federal and international financing
    organizations, nongovernmental organizations, potential customers
    abroad, governments of countries where such clean coal technologies
    might be used, and such others as the CCT Subgroup considers
    appropriate.
    (f) Report
      Within 180 days after the Secretary submits the report to the
    Congress as required by section 409 of Public Law 101-549, the
    Secretary, acting through the CCT Subgroup, shall provide to the
    appropriate committees of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate, a plan
    which details actions to be taken in order to address those
    recommendations and findings made in the report submitted pursuant
    to section 409 of Public Law 101-549. As a part of the plan
    required by this subsection, the Secretary, acting through the CCT
    Subgroup, shall specifically address the adequacy of financial
    assistance available from Federal departments and agencies and
    international financing organizations to aid in the financing of
    prefeasibility and feasibility studies and projects that would use
    a clean coal technology in developing countries and countries
    making the transition from nonmarket to market economies.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1331, Oct. 24, 1992, 106 Stat.
    2977.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (a), was in the original "this
    subtitle" meaning subtitle C of title XIII of Pub. L. 102-486,
    which enacted this part and provisions set out as a note under
    section 824a-3 of Title 16, Conservation.
      Section 409 of Public Law 101-549, referred to in subsec. (f), is
    section 409 of Pub. L. 101-549, title IV, Nov. 15, 1990, 104 Stat.
    2634, which directed the Secretary of Energy, in consultation with
    the Secretary of Commerce, to submit a report to Congress within
    one year of November 15, 1990, respecting clean coal technology
    programs, and which is not classified to the Code.

-FOOTNOTE-               

    (!1) So in original. The comma probably should be a period.

-End-

-CITE-
    42 USC Sec. 13362                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13362. Innovative clean coal technology transfer program

-STATUTE-
    (a) Establishment of program
      The Secretary, through the Agency for International Development,
    and in consultation with the other members of the CCT Subgroup,
    shall establish a clean coal technology transfer program to carry
    out the purposes described in subsection (b) of this section.
    Within 150 days after October 24, 1992, the Secretary and the
    Administrator of the Agency for International Development shall
    enter into a written agreement to carry out this section. The
    agreement shall establish a procedure for resolving any disputes
    between the Secretary and the Administrator regarding the
    implementation of specific projects. With respect to countries not
    assisted by the Agency for International Development, the Secretary
    may enter into agreements with other appropriate United States
    agencies. If the Secretary and the Administrator, or the Secretary
    and an agency described in the previous sentence, are unable to
    reach an agreement, each shall send a memorandum to the President
    outlining an appropriate agreement. Within 90 days after receipt of
    either memorandum, the President shall determine which version of
    the agreement shall be in effect. Any agreement entered into under
    this subsection shall be provided to the appropriate committees of
    the Congress and made available to the public.
    (b) Purposes of program
      The purposes of the technology transfer program under this
    section are to - 
        (1) reduce the United States balance of trade deficit through
      the export of United States energy technologies and technological
      expertise;
        (2) retain and create manufacturing and related service jobs in
      the United States;
        (3) encourage the export of United States technologies,
      including services related thereto, to those countries that have
      a need for developmentally sound facilities to provide energy
      derived from coal resources;
        (4) develop markets for United States technologies and, where
      appropriate, United States coal resources to be utilized in
      meeting the energy and environmental requirements of foreign
      countries;
        (5) better ensure that United States participation in energy-
      related projects in foreign countries includes participation by
      United States firms as well as utilization of United States
      technologies that have been developed or demonstrated in the
      United States through publicly or privately funded demonstration
      programs;
        (6) provide for the accelerated deployment of United States
      technologies that will serve to introduce into foreign countries
      United States technologies intended to use coal resources in a
      more efficient, cost-effective, and environmentally acceptable
      manner;
        (7) serve to ensure the introduction of United States firms and
      expertise in foreign countries;
        (8) provide financial assistance by the Federal Government to
      foster greater participation by United States firms in the
      financing, ownership, design, construction, or operation of clean
      coal technology projects in foreign countries;
        (9) assist foreign countries in meeting their energy needs
      through the use of coal in an environmentally acceptable manner,
      consistent with sustainable development policies; and
        (10) assist United States firms, especially firms that are in
      competition with firms in foreign countries, to obtain
      opportunities to transfer technologies to, or undertake projects
      in, foreign countries.
    (c) Identification
      Pursuant to the agreements required by subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, and after consultation with the CCT Subgroup, United
    States firms, and representatives from foreign countries, shall
    develop mechanisms to identify potential energy projects in host
    countries, and shall identify a list of such projects within 240
    days after October 24, 1992, and periodically thereafter.
    (d) Financial mechanisms
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, shall - 
        (A) establish appropriate financial mechanisms to increase the
      participation of United States firms in energy projects utilizing
      United States clean coal technologies, and services related
      thereto, in developing countries and countries making the
      transition from nonmarket to market economies;
        (B) utilize available financial assistance authorized by this
      section to counterbalance assistance provided by foreign
      governments to non-United States firms; and
        (C) provide financial assistance to support projects, including
      - 
          (i) financing the incremental costs of a clean coal
        technology project attributable only to expenditures to prevent
        or abate emissions;
          (ii) providing the difference between the costs of a
        conventional energy project in the host country and a
        comparable project that would utilize a clean coal technology
        capable of achieving greater efficiency of energy products and
        improved environmental emissions compared to such conventional
        project; and
          (iii) such other forms of financial assistance as the
        Secretary, through the Agency for International Development,
        considers appropriate.

      (2) The financial assistance authorized by this section may be - 
        (A) provided in combination with other forms of financial
      assistance, including non-United States funding that is available
      to the project; and
        (B) utilized to assist United States firms to develop
      innovative financing packages for clean coal technology projects
      that seek to utilize other financial assistance programs
      available through other Federal agencies.

      (3) United States obligations under the Arrangement on Guidelines
    for Officially Supported Export Credits established through the
    Organization for Economic Cooperation and Development shall be
    applicable to this section.
    (e) Solicitations for project proposals
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, within one year after October 24, 1992, and
    subsequently as appropriate thereafter, shall solicit proposals
    from United States firms for the design, construction, testing, and
    operation of the project or projects identified under subsection
    (c) of this section which propose to utilize a United States
    technology. Each solicitation under this section shall establish a
    closing date for receipt of proposals.
      (2) The solicitation under this subsection shall, to the extent
    appropriate, be modeled after the RFP No. DE-PS01-90FE62271 Clean
    Coal Technology IV as administered by the Department of Energy.
      (3) Any solicitation made under this subsection shall include the
    following requirements:
        (A) The United States firm that submits a proposal in response
      to the solicitation shall have an equity interest in the proposed
      project.
        (B) The project shall utilize a United States clean coal
      technology, including services related thereto, and, where
      appropriate, United States coal resources, in meeting the
      applicable energy and environmental requirements of the host
      country.
        (C) Proposals for projects shall be submitted by and undertaken
      with a United States firm, although a joint venture or other
      teaming arrangement with a non-United States manufacturer or
      other non-United States entity is permissible.
    (f) Assistance to United States firms
      Pursuant to the agreements under subsection (a) of this section,
    the Secretary, through the Agency for International Development,
    and in consultation with the CCT Subgroup, shall establish a
    procedure to provide financial assistance to United States firms
    under this section for a project identified under subsection (c) of
    this section where solicitations for the project are being
    conducted by the host country or by a multilateral lending
    institution.
    (g) Other program requirements
      Pursuant to the agreements under subsection (a) of this section,
    the Secretary, through the Agency for International Development,
    and in consultation with the CCT Subgroup, shall - 
        (1) establish eligibility criteria for countries that will host
      projects;
        (2) periodically review the energy needs of such countries and
      export opportunities for United States firms for the development
      of projects in such countries;
        (3) consult with government officials in host countries and, as
      appropriate, with representatives of utilities or other entities
      in host countries, to determine interest in and support for
      potential projects; and
        (4) determine whether each project selected under this section
      is developmentally sound, as determined under the criteria
      developed by the Development Assistance Committee of the
      Organization for Economic Cooperation and Development.
    (h) Selection of projects
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, shall, not later than 120 days after receipt of
    proposals in response to a solicitation under subsection (e) of
    this section, select one or more proposals under this section.
      (2) In selecting a proposal under this section, the Secretary,
    through the Agency for International Development, shall consider - 
        (A) the ability of the United States firm, in cooperation with
      the host country, to undertake and complete the project;
        (B) the degree to which the equipment to be included in the
      project is designed and manufactured in the United States;
        (C) the long-term technical and competitive viability of the
      United States technology, and services related thereto, and the
      ability of the United States firm to compete in the development
      of additional energy projects using such technology in the host
      country and in other foreign countries;
        (D) the extent of technical and financial involvement of the
      host country in the project;
        (E) the extent to which the proposed project meets the goals
      and objectives stated in section 13331(a) of this title;
        (F) the extent of technical, financial, management, and
      marketing capabilities of the participants in the project, and
      the commitment of the participants to completion of a successful
      project in a manner that will facilitate acceptance of the United
      States technology for future application; and
        (G) such other criteria as may be appropriate.

      (3) In selecting among proposed projects, the Secretary shall
    seek to ensure that, relative to otherwise comparable projects in
    the host country, a selected project will meet 1 or more of the
    following criteria:
        (A) It will reduce environmental emissions to an extent greater
      than required by applicable provisions of law.
        (B) It will increase the overall efficiency of the utilization
      of coal, including energy conversion efficiency and, where
      applicable, production of products derived from coal.
        (C) It will be a more cost-effective technological alternative,
      based on life cycle capital and operating costs per unit of
      energy produced and, where applicable, costs per unit of product
      produced.

    Priority in selection shall be given to those projects which, in
    the judgment of the Secretary, best meet one or more of these
    criteria.
    (i) United States-Asia Environmental Partnership
      Activities carried out under this section shall be coordinated
    with the United States-Asia Environmental Partnership.
    (j) Buy America
      In carrying out this section, the Secretary, through the Agency
    for International Development, and pursuant to the agreements under
    subsection (a) of this section, shall ensure - 
        (1) the maximum percentage, but in no case less than 50
      percent, of the cost of any equipment furnished in connection
      with a project authorized under this section shall be
      attributable to the manufactured United States components of such
      equipment; and
        (2) the maximum participation of United States firms.

    In determining whether the cost of United States components equals
    or exceeds 50 percent, the cost of assembly of such United States
    components in the host country shall not be considered a part of
    the cost of such United States component.
    (k) Reports to Congress
      The Secretary and the Administrator of the Agency for
    International Development shall report annually to the Committee on
    Energy and Natural Resources of the Senate and the appropriate
    committees of the House of Representatives on the progress being
    made to introduce clean coal technologies into foreign countries.
    (l) "Host country" defined
      For purposes of this section, the term "host country" means a
    foreign country which is - 
        (1) the participant in or the site of the proposed clean coal
      technology project; and
        (2) either - 
          (A) classified as a country eligible to participate in
        development assistance programs of the Agency for International
        Development pursuant to applicable law or regulation; or
          (B) a developing country or country with an economy in
        transition from a nonmarket to a market economy.
    (m) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out the program required by this section, $100,000,000 for each of
    the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1332, Oct. 24, 1992, 106 Stat.
    2979.)

-End-

-CITE-
    42 USC Sec. 13363                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13363. Conventional coal technology transfer

-STATUTE-
      If the Secretary determines that the utilization of a clean coal
    technology is not practicable for a proposed project and that a
    United States conventional coal technology would constitute a
    substantial improvement in efficiency, costs, and environmental
    performance relative to the technology being used in a developing
    country or country making the transition from nonmarket to market
    economies, with significant indigenous coal resources, such
    technology shall, for purposes of sections 13361 and 13362 (!1) of
    this title, be considered a clean coal technology. In the case of
    combustion technologies, only the retrofit, repowering, or
    replacement of a conventional technology shall constitute a
    substantial improvement for purposes of this section. In carrying
    out this section, the Secretary shall give highest priority to
    promoting the most environmentally sound and energy efficient
    technologies.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1333, Oct. 24, 1992, 106 Stat.
    2984.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 13361 and 13362 of this title, referred to in text, was
    in the original "sections 1321 and 1322" and was translated as
    reading "sections 1331 and 1332" meaning sections 1331 and 1332 of
    Pub. L. 102-486, to reflect the probable intent of Congress,
    because Pub. L. 102-486 does not contain a section 1322 and
    sections 1331 and 1332 of Pub. L. 102-486 relate to export of clean
    coal technology.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 13364                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13364. Study of utilization of coal combustion byproducts

-STATUTE-
    (a) "Coal combustion byproducts" defined
      As used in this section, the term "coal combustion byproducts"
    means the residues from the combustion of coal including ash, slag,
    and flue gas desulfurization materials.
    (b) Study and report to Congress
      (1) The Secretary shall conduct a detailed and comprehensive
    study on the institutional, legal, and regulatory barriers to
    increased utilization of coal combustion byproducts by potential
    governmental and commercial users. Such study shall identify and
    investigate barriers found to exist at the Federal, State, or local
    level, which may have limited or may have the foreseeable effect of
    limiting the quantities of coal combustion byproducts that are
    utilized. In conducting this study, the Secretary shall consult
    with other departments and agencies of the Federal Government,
    appropriate State and local governments, and the private sector.
      (2) Not later than one year after October 24, 1992, the Secretary
    shall submit a report to the Congress containing the results of the
    study required by paragraph (1) and the Secretary's recommendations
    for action to be taken to increase the utilization of coal
    combustion byproducts. At a minimum, such report shall identify
    actions that would increase the utilization of coal combustion
    byproducts in - 
        (A) bridge and highway construction;
        (B) stabilizing wastes;
        (C) procurement by departments and agencies of the Federal
      Government and State and local governments; and
        (D) federally funded or federally subsidized procurement by the
      private sector.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1334, Oct. 24, 1992, 106 Stat.
    2984.)

-End-

-CITE-
    42 USC Sec. 13365                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13365. Coal fuel mixtures

-STATUTE-
      Within one year following October 24, 1992, the Secretary shall
    submit a report to the Committee on Energy and Commerce and the
    Committee on Science, Space, and Technology of the House of
    Representatives and the Committee on Energy and Natural Resources
    of the Senate on the status of technologies for combining coal with
    other materials, such as oil or water fuel mixtures. The report
    shall include - 
        (1) a technical and economic feasibility assessment of such
      technologies;
        (2) projected developments in such technologies;
        (3) an assessment of the market potential of such technologies,
      including the potential to displace imported crude oil and
      refined petroleum products;
        (4) identification of barriers to commercialization of such
      technologies; and
        (5) recommendations for addressing barriers to
      commercialization.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1336, Oct. 24, 1992, 106 Stat.
    2985.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives and Committee on Science, Space, and Technology of
    House of Representatives treated as referring to Committee on
    Science of House of Representatives by section 1(a) of Pub. L. 104-
    14, set out as a note preceding section 21 of Title 2, The
    Congress. Committee on Commerce of House of Representatives changed
    to Committee on Energy and Commerce of House of Representatives,
    and jurisdiction over matters relating to securities and exchanges
    and insurance generally transferred to Committee on Financial
    Services of House of Representatives by House Resolution No. 5, One
    Hundred Seventh Congress, Jan. 3, 2001.

-End-

-CITE-
    42 USC Sec. 13366                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13366. National clearinghouse

-STATUTE-
    (a) Feasibility
      (1) The Secretary shall assess the feasibility of establishing a
    national clearinghouse for the exchange and dissemination of
    technical information on technology relating to coal and coal-
    derived fuels.
      (2) In assessing the feasibility, the Secretary shall consider
    whether such a clearinghouse would be appropriate for purposes of -
    
        (A) collecting information and data on technology relating to
      coal, and coal-derived fuels, which can be utilized to improve
      environmental quality and increase energy independence;
        (B) disseminating to appropriate individuals, governmental
      departments, agencies, and instrumentalities, institutions of
      higher education, and other entities, information and data
      collected pursuant to this section;
        (C) maintaining a library of technology publications and
      treatises relating to technology information and data collected
      pursuant to this section;
        (D) organizing and conducting seminars for government
      officials, utilities, coal companies, and other entities or
      institutions relating to technology using coal and coal-derived
      fuels that will improve environmental quality and increase energy
      independence;
        (E) gathering information on research grants made for the
      purpose of improving or enhancing technology relating to the use
      of coal, and coal-derived fuels, which will improve environmental
      quality and increase energy independence;
        (F) translating into English foreign research papers, articles,
      seminar proceedings, test results that affect, or could affect,
      clean coal use technology, and other documents;
        (G) encouraging, during the testing of technologies, the use of
      coal from a variety of domestic sources, and collecting or
      developing, or both, complete listings of test results using
      coals from all sources;
        (H) establishing and maintaining an index or compilation of
      research projects relating to clean coal technology carried out
      throughout the world; and
        (I) conducting economic modeling for feasibility of projects.
    (b) Authority to establish clearinghouse
      Based upon the assessment under subsection (a) of this section,
    the Secretary may establish a clearinghouse.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1337, Oct. 24, 1992, 106 Stat.
    2985.)

-End-

-CITE-
    42 USC Sec. 13367                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13367. Coal exports

-STATUTE-
    (a) Plan
      Within 180 days after October 24, 1992, the Secretary of
    Commerce, in cooperation with the Secretary and other appropriate
    Federal agencies, shall submit to the appropriate committees of the
    House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a plan for expanding exports of coal mined
    in the United States.
    (b) Plan contents
      The plan submitted under subsection (a) of this section shall
    include - 
        (1) a description of the location, size, and projected growth
      in potential export markets for coal mined in the United States;
        (2) the identification by country of the foreign trade barriers
      to the export of coal mined in the United States, including
      foreign coal production and utilization subsidies, tax treatment,
      labor practices, tariffs, quotas, and other nontariff barriers;
        (3) recommendations and a plan for addressing any such trade
      barriers;
        (4) an evaluation of existing infrastructure in the United
      States and any new infrastructure requirements in the United
      States to support an expansion of exports of coal mined in the
      United States, including ports, vessels, rail lines, and any
      other supporting infrastructure; and
        (5) an assessment of environmental implications of coal exports
      and the identification of export opportunities for blending coal
      mined in the United States with coal indigenous to other
      countries to enhance energy efficiency and environmental
      performance.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1338, Oct. 24, 1992, 106 Stat.
    2986.)

-End-

-CITE-
    42 USC Sec. 13368                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13368. Ownership of coalbed methane

-STATUTE-
    (a) Federal lands and mineral rights
      In the case of any deposit of coalbed methane where the United
    States is the owner of the surface estate or where the United
    States has transferred the surface estate but reserved the
    subsurface mineral estate, the Secretary of the Interior shall
    administer this section. This section and the definitions contained
    herein shall be applicable only on lands within Affected States.
    (b) Affected States
      Not later than 180 days after October 24, 1992, the Secretary of
    the Interior, with the participation of the Secretary of Energy,
    shall publish in the Federal Register a list of Affected States
    which shall be comprised of States - 
        (1) in which the Secretary of the Interior, with the
      participation of the Secretary of Energy, determines that
      disputes, uncertainty, or litigation exist, regarding the
      ownership of coalbed methane gas;
        (2) in which the Secretary of the Interior, with the
      participation of the Secretary of Energy, determines that
      development of significant deposits of coalbed methane gas is
      being impeded by such existing disputes, uncertainty, or
      litigation regarding ownership of such coalbed methane;
        (3) which do not have in effect a statutory or regulatory
      procedure or existing case law permitting and encouraging the
      development of coalbed methane gas within that State; and
        (4) which do not have extensive development of coalbed methane
      gas.

    The Secretary of the Interior, with the participation of the
    Secretary of Energy, shall revise such list of Affected States from
    time to time. Any Affected State shall be deleted from the list of
    Affected States upon the receipt by the Secretary of the Interior
    of a Governor's petition requesting such deletion, a State law
    requesting such deletion, or a resolution requesting such deletion
    enacted by the legislative body of the State. A Governor intending
    to petition the Secretary of the Interior to delete a State from
    the list of Affected States shall provide the State's legislative
    body with 6 months notice of such petition during a legislative
    session. At the end of such 6-month period, the Governor may
    petition the Secretary of the Interior to delete a State from the
    list of Affected States, unless during such 6-month period, the
    State's legislative body has enacted a law or resolution
    disapproving the Governor's petition. Until the Secretary of the
    Interior, with the participation of the Secretary of Energy,
    publishes a different list, the States of West Virginia,
    Pennsylvania, Kentucky, Ohio, Tennessee, Indiana, and Illinois
    shall be the Affected States, effective on October 24, 1992. The
    States of Colorado, Montana, New Mexico, Wyoming, Utah, Virginia,
    Washington, Mississippi, Louisiana, and Alabama shall not be
    included on the Secretary of the Interior's list of Affected States
    or any extension or revision thereof.
    (c) Failure to adopt statutory or regulatory procedure
      If an Affected State has not placed in effect, by statute or by
    regulation, a substantial program promoting the permitting,
    drilling and production of coalbed methane wells (including pooling
    arrangements) within that State within 3 years after becoming an
    Affected State, the Secretary of the Interior, with the
    participation of the Secretary of Energy, shall administer this
    section and shall promulgate such regulations as are necessary to
    carry out this section in that State.
    (d) Implementation by Secretary of the Interior
      In implementing this section, the Secretary of the Interior, with
    the participation of the Secretary of Energy, shall - 
        (A) consider existing and future coal mining plans,
        (B) preserve the mineability of coal seams, and
        (C) provide for the prevention of waste and maximization of
      recovery of coal and coalbed methane gas in a manner which will
      protect the rights of all entities owning an interest in such
      coalbed methane resource.
    (e) Spacing
      Except where State law in an Affected State contains existing
    spacing requirements regarding the minimum distance between coalbed
    methane wells and the minimum distance of a coalbed methane well
    from a property line, the Secretary of the Interior shall establish
    such requirements within 90 days after the assertion of
    jurisdiction pursuant to subsection (c) of this section.
    (f) Spacing units
      Applications to establish spacing units for the drilling and
    operation of coalbed methane gas wells may be filed by any entity
    claiming a coalbed methane ownership interest within a proposed
    spacing unit. Upon receipt and approval of an application, the
    Secretary of the Interior shall issue an order establishing the
    boundaries of the coalbed methane spacing unit. Spacing units shall
    generally be uniform in size.
    (g) Development under pooling arrangement
      Following issuance of an order establishing a spacing unit under
    subsection (f) of this section, and pursuant to an application for
    pooling filed by the entity claiming a coalbed methane ownership
    interest and proposing to drill a coalbed methane gas well, the
    Secretary of the Interior shall hold a hearing to consider the
    application for pooling and shall, if the criteria of this section
    are met, issue an order allowing the proposed pooling of acreage
    within the designated spacing unit for purposes of drilling and
    production of coalbed methane from the spacing unit. The pooling
    order shall not be issued before notice or a reasonable and
    diligent effort to provide notice has been made to each entity
    which may claim an ownership interest in the coalbed methane gas
    within such spacing unit and each such entity has been offered an
    opportunity to appear before the Secretary of the Interior at the
    hearing. Upon issuance of a pooling order, each owner or claimant
    of an ownership interest shall be allowed to make one of the
    following elections:
        (1) An election to sell or lease its coalbed methane ownership
      interest to the unit operator at a rate determined by the
      Secretary of the Interior as set forth in the pooling order.
        (2) An election to become a participating working interest
      owner by bearing a share of the risks and costs of drilling,
      completing, equipping, gathering, operating (including all
      disposal costs), plugging and abandoning the well, and receiving
      a share of production from the well.
        (3) An election to share in the operation of the well as a
      nonparticipating working interest owner by relinquishing its
      working interest to participating working interest owners until
      the proceeds allocable to its share equal 300 percent of the
      share of such costs allocable to its interest. Thereafter, the
      nonparticipating working interest owner shall become a
      participating working interest owner.

    The pooling order shall designate a unit operator who shall be
    authorized to drill and operate the spacing unit. The pooling order
    shall provide that any entity claiming an ownership interest in the
    coalbed methane within such spacing unit which does not make an
    election under the pooling order shall be deemed to have leased its
    coalbed methane interest to the unit operator under such terms and
    conditions as the pooling order may provide. No pooling order may
    be issued under this paragraph for any spacing unit if all entities
    claiming an ownership interest in the coalbed methane in the
    spacing unit have entered into a voluntary agreement providing for
    the drilling and operation of the coalbed methane gas well for the
    spacing unit.
    (h) Escrow account
      (1) Each pooling order issued under subsection (g) of this
    section shall provide for the establishment of an escrow account
    into which the payment of costs and proceeds attributable to the
    conflicting interests shall be deposited and held for the interest
    of the claimants as follows:
        (A) Each participating working interest owner, except for the
      unit operator, shall deposit in the escrow account its
      proportionate share of the costs allocable to the ownership
      interest claimed by each such participating working interest
      owner as set forth in the pooling order issued by the Secretary
      of the Interior.
        (B) The unit operator shall deposit in the escrow account all
      proceeds attributable to the conflicting interests of lessees,
      plus all proceeds in excess of ongoing operational expenses
      (including reasonable overhead costs) attributable to conflicting
      working interests.

      (2) The Secretary of the Interior shall order payment of
    principal and accrued interest from the escrow account to all
    legally entitled entities within 30 days of receipt by the
    Secretary of the Interior of notification of the final legal
    determination of entitlement or upon agreement of all entities
    claiming an ownership interest in the coalbed methane gas. Upon
    such final determination - 
        (A) each legally entitled participating working interest owner
      shall receive a proportionate share of the proceeds attributable
      to the conflicting ownership interest;
        (B) each legally entitled nonparticipating working interest
      owner shall receive a proportionate share of the proceeds
      attributable to the conflicting ownership interest, less the cost
      of being carried as a nonparticipating working interest owner (as
      determined by the election of the entity under the applicable
      pooling order);
        (C) each entity leasing (or deemed to have leased) its coalbed
      methane ownership interest to the unit operator shall receive a
      share of the royalty proceeds (as set out in the applicable
      pooling order) attributable to the conflicting interests of
      lessees; and
        (D) the unit operator shall receive the costs contributed to
      the escrow account by each legally entitled participating working
      interest owner.

    The Secretary of the Interior shall enact rules and regulations for
    the administration and protection of funds delivered to the escrow
    accounts.
    (i) Approval of Secretary of the Interior
      No entity may drill any well for the production of coalbed
    methane gas from a coal seam, subject to the provisions of
    subsection (g) of this section, in an Affected State unless the
    drilling of such well has been approved by the Secretary of the
    Interior.
    (j) Authorization to stimulate coal seam
      (1) No operator of a coalbed methane well may stimulate a coal
    seam without the written consent of each entity which, at the time
    that the coalbed methane operator applies for a drilling permit, is
    operating a coal mine, or has by virtue of his property rights in
    the coal the ability to operate a coal mine, located within a
    horizontal or vertical distance from the point of stimulation as
    established by the Secretary of the Interior pursuant to paragraph
    (3) of this subsection. In seeking the coal operator's consent, a
    coalbed methane well operator shall provide the coal operator with
    necessary information about such stimulation, including relevant
    information to ensure compliance with coal mine safety laws and
    rules.
      (2) In the absence of a written consent pursuant to paragraph (1)
    and at the request of a coalbed methane operator, the Secretary of
    the Interior shall make a determination regarding stimulation of a
    coal seam. Such request shall include an affidavit which shall - 
        (A) state that an entity from which consent is required
      pursuant to paragraph (1) has refused to provide written consent;
        (B) set forth in detail the efforts undertaken by the applicant
      to obtain such written consent;
        (C) state the known reasons for the consent not being provided;
        (D) set forth the conditions and compensation, if any, offered
      by the applicant as part of the efforts to obtain consent; and
        (E) provide prima facie evidence that the method of stimulation
      proposed by the coalbed methane operator will not (i) cause
      unreasonable loss or damage to the coal seam considering all
      factors, including the prospect, taking into consideration the
      economics of the coal industry, that coal seams for which no
      actual or proposed mining plans exist will be mined at some
      future date, or (ii) violate mine safety requirements. If a
      denial of consent by a coal operator is based on reasons related
      to safety, the Secretary of the Interior shall seek the views and
      recommendations of the appropriate State or Federal coal mine
      safety agency. Any determination by the Secretary of the Interior
      shall be in accordance with all applicable Federal and State coal
      mine safety laws and such views and recommendations. A
      determination by the Secretary of the Interior approving a method
      of stimulation may include reasonable conditions including, but
      not limited to, conditions to mitigate, to the extent
      practicable, economic damage to the coal seam. Any determination
      approving or denying a method of stimulation by the Secretary of
      the Interior shall be subject to appeal. Interested entities
      shall be allowed to participate in and comment on proceedings
      under this paragraph.

      (3) The Secretary of the Interior shall by rule establish, for an
    Affected State, a region thereof, or a multi-State region comprised
    of Affected States, the boundaries within which a coalbed methane
    operator shall be required to obtain written consent from a coal
    operator pursuant to paragraph (1). Such boundaries shall be stated
    in terms of a horizontal and a vertical distance from the point of
    stimulation and shall be determined based on an evaluation of the
    maximum length, height and depth of fracture producible in a coal
    seam in such Affected State, region thereof, or multi-State region
    comprised of Affected States.
      (4) The consent required under this subsection shall in no way be
    deemed to impair, abridge, or affect any contractual rights or
    objections arising out of a coalbed methane gas contract or coalbed
    methane gas lease in existence as of October 24, 1992,(!1) between
    the coalbed methane operator and the coal operator, and the
    existence of such lease or contractual agreement and any extensions
    or renewals of such lease shall be deemed to fully meet the
    requirements of this section.

      (5) Nothing in this subsection precludes either a coal operator
    or a coalbed methane operator from seeking in the appropriate State
    forum compensation for the consequences of a determination by the
    Secretary of the Interior pursuant to paragraph (2).
    (k) Notice and objection
      (1) The Secretary of the Interior shall not approve the drilling
    of any coalbed methane well unless the unit operator has notified
    each entity which is operating, or has the ability, by virtue of
    his property rights in the coal, to operate, a coal mine in any
    portion of the coalbed that would be affected by such well within
    the distances established pursuant to the rules promulgated under
    subsection (j)(3) of this section. Any notified entity may object
    to the drilling of such well within 30 days after receipt of a
    notice. Upon receipt of a timely objection to the drilling of any
    coalbed methane gas well submitted by a notified entity, the
    Secretary of the Interior may refuse to approve the drilling of the
    well based on any of the following:
        (A) The proposed activity, due to its proximity to any coal
      mine opening, shaft, underground workings, or to any proposed
      extension of the coal mine, would adversely affect any operating,
      inactive or abandoned coal mine, including any coal mine already
      surveyed and platted but not yet being operated.
        (B) The proposed activity would not conform with a coal
      operator's development plan for an existing or proposed
      operation.
        (C) There would be an unreasonable interference from the
      proposed activity with present or future coal mining operations,
      including the ability to comply with other applicable laws and
      regulations.
        (D) The presence of evidence indicating that the proposed
      drilling activities would be unsafe, taking into consideration
      the dangers from creeps, squeezes or other disturbances due to
      the extraction of coal.
        (E) The proposed activity would unreasonably interfere with the
      safe recovery of coal, oil and gas.

      (2) In the event the Secretary of the Interior does not approve
    the drilling of a coalbed methane well pursuant to paragraph (1),
    the Secretary of the Interior shall consider whether such drilling
    could be approved if the unit operator modifies the proposed
    activities to take into account any of the following:
        (A) The proposed activity could instead be reasonably done
      through an existing or planned pillar of coal, or in close
      proximity to an existing well or such pillar of coal, taking into
      consideration surface topography.
        (B) The proposed activity could instead be moved to a mined-out
      area, below the coal outcrop or to some other feasible area.
        (C) The unit operator agrees to a drilling moratorium of not
      more than two years in order to permit completion of coal mining
      operations.
        (D) The practicality of locating the proposed spacing unit or
      well on a uniform pattern with other spacing units or wells.
    (l) Plugging
      All coalbed methane wells drilled after October 24, 1992, that
    penetrate coal seams with remaining reserves shall provide for
    subsequent safe mining through the well in accordance with
    standards prescribed by the Secretary of the Interior, in
    consultation with any Federal and State agencies having authority
    over coal mine safety. Well plugging costs should be allocated in
    accordance with State law or private contractual arrangement, as
    the case may be.
    (m) Notice and objection by other parties
      The Secretary of the Interior shall not approve the drilling of
    any coalbed methane well unless such well complies with the spacing
    and other requirements established by the Secretary of the Interior
    and each of the following:
        (1) The unit operator of such well has notified, or has made a
      reasonable and diligent effort to notify, all entities claiming
      ownership of coalbed methane to be drained by such well and
      provided an opportunity to object in accordance with requirements
      established by the Secretary of the Interior.
        (2) Where conflicting interests exist, an order under
      subsection (g) of this section establishing pooling requirements
      has been issued.

    The notification requirements of this subsection shall be
    additional to the notification referred to in subsection (k) of
    this section. The Secretary of the Interior shall establish the
    conditions under which entities claiming ownership of coalbed
    methane may object to the drilling of a coalbed methane well.
    (n) Venting for safety
      Nothing in this section shall be construed to prevent or inhibit
    the entity which has the right to develop and mine coal in any mine
    from venting coalbed methane gas to ensure safe mine operations.
    (o) Other laws
      The Secretary of the Interior shall comply with all applicable
    Federal and State coal mine safety laws and regulations.
    (p) Definitions
      As used in this section - 
        (1) The term "Affected State" means a State listed by the
      Secretary of the Interior, with the participation of the
      Secretary of Energy, under subsection (b) of this section.
        (2) The term "coalbed methane gas" means occluded natural gas
      produced (or which may be produced) from coalbeds and rock strata
      associated therewith.
        (3) The term "unit operator" means the entity designated in a
      pooling order to develop a spacing unit by the drilling of one or
      more wells on the unit.
        (4) The term "nonparticipating working interest owner" means a
      gas or oil owner of a tract included in a spacing unit which
      elects to share in the operation of the well on a carried basis
      by agreeing to have its proportionate share of the costs
      allocable to its interest charged against its share of production
      of the well in accordance with subsection (f)(3) of this section.
        (5) The term "participating working interest owner" means a gas
      or oil owner which elects to bear a share of the risks and costs
      of drilling, completing, equipping, gathering, operating
      (including any and all disposal costs) (!2) plugging, and
      abandoning a well on a spacing unit and to receive a share of
      production from the well equal to the proportion which the
      acreage in the spacing unit it owns or holds under lease bears to
      the total acreage of the spacing unit.

        (6) The term "coal seam" means any stratum of coal 20 inches or
      more in thickness, unless a stratum of less thickness is being
      commercially worked, or can in the judgment of the Secretary of
      the Interior forseeably (!3) be commercially worked and will
      require protection if wells are being drilled through it.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1339, Oct. 24, 1992, 106 Stat.
    2986.)

-COD-
                               CODIFICATION                           
      October 24, 1992, referred to in subsec. (j)(4), was in the
    original "the effective date of this section", which was translated
    as meaning the date of enactment of Pub. L. 102-486, which enacted
    this section.

-MISC1-
                    FEDERAL COALBED METHANE REGULATION                
      Pub. L. 109-58, title III, Sec. 387, Aug. 8, 2005, 119 Stat. 744,
    provided that: "Any State currently on the list of Affected States
    established under section 1339(b) of the Energy Policy Act of 1992
    (42 U.S.C. 13368(b)) shall be removed from the list if, not later
    than 3 years after the date of enactment of this Act [Aug. 8,
    2005], the State takes, or prior to the date of enactment has
    taken, any of the actions required for removal from the list under
    such section 1339(b)."

-FOOTNOTE-
    (!1) See Codification note below.

    (!2) So in original. Probably should be followed by a comma.

    (!3) So in original. Probably should be "foreseeably".

-End-

-CITE-
    42 USC Sec. 13369                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13369. Establishment of data base and study of transportation
      rates

-STATUTE-
    (a) Data base
      The Secretary shall review the information currently collected by
    the Federal Government and shall determine whether information on
    transportation rates for rail and pipeline transport of domestic
    coal, oil, and gas during the period of January 1, 1988, through
    December 31, 1997, is reasonably available. If he determines that
    such information is not reasonably available, the Secretary shall
    establish a data base containing, to the maximum extent
    practicable, information on all such rates. The confidentiality of
    contract rates shall be preserved. To obtain data pertaining to
    rail contract rates, the Secretary shall acquire such data in
    aggregate form only from the Surface Transportation Board, under
    terms and conditions that maintain the confidentiality of such
    rates.
    (b) Study
      The Energy Information Administration shall determine the extent
    to which any agency of the Federal Government is studying the rates
    and distribution patterns of domestic coal, oil, and gas to
    determine the impact of the Clean Air Act [42 U.S.C. 7401 et seq.]
    as amended by the Act entitled "An Act to amend the Clean Air Act
    to provide for attainment and maintenance of health protective
    national ambient air quality standards, and for other purposes.",
    enacted November 15, 1990 (Public Law 101-549), and other Federal
    policies on such rates and distribution patterns. If the Energy
    Information Administration finds that no such study is underway, or
    that reports of the results of such study will not be available to
    the Congress providing the information specified in this subsection
    and subsection (a) of this section by the dates established in
    subsection (c) of this section, the Energy Information
    Administration shall initiate such a study.
    (c) Reports to Congress
      Within one year after October 24, 1992, the Secretary shall
    report to the Congress on the determination the Energy Information
    Administration is required to make under subsection (b) of this
    section. Within three years after October 24, 1992, the Secretary
    shall submit reports on any data base or study developed under this
    section. Any such reports shall be updated and resubmitted to the
    Congress within eight years after October 24, 1992. If the Energy
    Information Administration has determined pursuant to subsection
    (b) of this section that another study or studies will provide all
    or part of the information called for in this section, the
    Secretary shall transmit the results of that study by the dates
    established in this subsection, together with his comments.
    (d) Consultation with other agencies
      The Secretary and the Energy Information Administration shall
    consult with the Chairmen of the Federal Energy Regulatory
    Commission and the Surface Transportation Board in implementing
    this section.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1340, Oct. 24, 1992, 106 Stat.
    2992; Pub. L. 104-88, title III, Sec. 320, Dec. 29, 1995, 109 Stat.
    949.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (b), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7401 of this title and Tables.
      An Act to amend the Clean Air Act to provide for attainment and
    maintenance of health protective national ambient air quality
    standards, and for other purposes, referred to in subsec. (b), is
    Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399, popularly known as
    the Clean Air Act Amendments of 1990. For complete classification
    of this Act to the Code, see Short Title of 1990 Amendment note set
    out under section 7401 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1995 - Subsecs. (a), (d). Pub. L. 104-88 substituted "Surface
    Transportation Board" for "Interstate Commerce Commission".

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
    of Pub. L. 104-88, set out as an Effective Date note under section
    701 of Title 49, Transportation.

-End-

-CITE-
    42 USC Sec. 13370                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VI - COAL
    Part C - Other Coal Provisions

-HEAD-
    Sec. 13370. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary for
    carrying out this part, other than section 13362 (!1) of this
    title, such sums as may be necessary for fiscal years 1993 through
    1998.

-SOURCE-
    (Pub. L. 102-486, title XIII, Sec. 1341, Oct. 24, 1992, 106 Stat.
    2993.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 13362 of this title, referred to in text, was in the
    original "section 1322" and was translated as reading "section
    1332" meaning section 1332 of Pub. L. 102-486, to reflect the
    probable intent of Congress, because Pub. L. 102-486 does not
    contain a section 1322.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC SUBCHAPTER VII - GLOBAL CLIMATE CHANGE               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
                  SUBCHAPTER VII - GLOBAL CLIMATE CHANGE              

-End-

-CITE-
    42 USC Sec. 13381                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13381. Report

-STATUTE-
      Not later than 2 years after October 24, 1992, the Secretary
    shall submit a report to the Congress that includes an assessment
    of - 
        (1) the feasibility and economic, energy, social,
      environmental, and competitive implications, including
      implications for jobs, of stabilizing the generation of
      greenhouse gases in the United States by the year 2005;
        (2) the recommendations made in chapter 9 of the 1991 National
      Academy of Sciences report entitled "Policy Implications of
      Greenhouse Warming", including an analysis of the benefits and
      costs of each recommendation;
        (3) the extent to which the United States is responding,
      compared with other countries, to the recommendations made in
      chapter 9 of the 1991 National Academy of Sciences report;
        (4) the feasibility of reducing the generation of greenhouse
      gases;
        (5) the feasibility and economic, energy, social,
      environmental, and competitive implications, including
      implications for jobs, of achieving a 20 percent reduction from
      1988 levels in the generation of carbon dioxide by the year 2005
      as recommended by the 1988 Toronto Scientific World Conference on
      the Changing Atmosphere;
        (6) the potential economic, energy, social, environmental, and
      competitive implications, including implications for jobs, of
      implementing the policies necessary to enable the United States
      to comply with any obligations under the United Nations Framework
      Convention on Climate Change or subsequent international
      agreements.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1601, Oct. 24, 1992, 106 Stat.
    2999.)

-End-

-CITE-
    42 USC Sec. 13382                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13382. Least-cost energy strategy

-STATUTE-
    (a) Strategy
      The first National Energy Policy Plan (in this subchapter
    referred to as the "Plan") under section 7321 of this title
    prepared and required to be submitted by the President to Congress
    after February 1, 1993, and each subsequent such Plan, shall
    include a least-cost energy strategy prepared by the Secretary. In
    developing the least-cost energy strategy, the Secretary shall take
    into consideration the economic, energy, social, environmental, and
    competitive costs and benefits, including costs and benefits for
    jobs, of his choices. Such strategy shall also take into account
    the report required under section 13381 of this title and relevant
    Federal, State, and local requirements. Such strategy shall be
    designed to achieve to the maximum extent practicable and at least-
    cost to the Nation - 
        (1) the energy production, utilization, and energy conservation
      priorities of subsection (d) of this section;
        (2) the stabilization and eventual reduction in the generation
      of greenhouse gases;
        (3) an increase in the efficiency of the Nation's total energy
      use by 30 percent over 1988 levels by the year 2010;
        (4) an increase in the percentage of energy derived from
      renewable resources by 75 percent over 1988 levels by the year
      2005; and
        (5) a reduction in the Nation's oil consumption from the 1990
      level of approximately 40 percent of total energy use to 35
      percent by the year 2005.
    (b) Additional contents
      The least-cost energy strategy shall also include - 
        (1) a comprehensive inventory of available energy and energy
      efficiency resources and their projected costs, taking into
      account all costs of production, transportation, distribution,
      and utilization of such resources, including - 
          (A) coal, clean coal technologies, coal seam methane, and
        underground coal gasification;
          (B) energy efficiency, including existing technologies for
        increased efficiency in production, transportation,
        distribution, and utilization of energy, and other technologies
        that are anticipated to be available through further research
        and development; and
          (C) other energy resources, such as renewable energy, solar
        energy, nuclear fission, fusion, geothermal, biomass, fuel
        cells, hydropower, and natural gas;

        (2) a proposed two-year program for ensuring adequate supplies
      of the energy and energy efficiency resources and technologies
      described in paragraph (1), and an identification of
      administrative actions that can be undertaken within existing
      Federal authority to ensure their adequate supply;
        (3) estimates of life-cycle costs for existing energy
      production facilities;
        (4) basecase forecasts of short-term and long-term national
      energy needs under low and high case assumptions of economic
      growth; and
        (5) an identification of all applicable Federal authorities
      needed to achieve the purposes of this section, and of any
      inadequacies in those authorities.
    (c) Secretarial consideration
      In developing the least-cost energy strategy, the Secretary shall
    give full consideration to - 
        (1) the relative costs of each energy and energy efficiency
      resource based upon a comparison of all direct and quantifiable
      net costs for the resource over its available life, including the
      cost of production, transportation, distribution, utilization,
      waste management, environmental compliance, and, in the case of
      imported energy resources, maintaining access to foreign sources
      of supply; and
        (2) the economic, energy, social, environmental, and
      competitive consequences resulting from the establishment of any
      particular order of Federal priority as determined under
      subsection (d) of this section.
    (d) Priorities
      The least-cost energy strategy shall identify Federal priorities,
    including policies that - 
        (1) implement standards for more efficient use of fossil fuels;
        (2) increase the energy efficiency of existing technologies;
        (3) encourage technologies, including clean coal technologies,
      that generate lower levels of greenhouse gases;
        (4) promote the use of renewable energy resources, including
      solar, geothermal, sustainable biomass, hydropower, and wind
      power;
        (5) affect the development and consumption of energy and energy
      efficiency resources and electricity through tax policy;
        (6) encourage investment in energy efficient equipment and
      technologies; and
        (7) encourage the development of energy technologies, such as
      advanced nuclear fission and nuclear fusion, that produce energy
      without greenhouse gases as a byproduct, and encourage the
      deployment of nuclear electric generating capacity.
    (e) Assumptions
      The Secretary shall include in the least-cost energy strategy an
    identification of all of the assumptions used in developing the
    strategy and priorities thereunder, and the reasons for such
    assumptions.
    (f) Preference
      When comparing an energy efficiency resource to an energy
    resource, a higher priority shall be assigned to the energy
    efficiency resource whenever all direct and quantifiable net costs
    for the resource over its available life are equal to the estimated
    cost of the energy resource.
    (g) Public review and comment
      The Secretary shall provide for a period of public review and
    comment of the least-cost energy strategy, for a period of at least
    30 days, to be completed at least 60 days before the issuance of
    such strategy. The Secretary shall also provide for public review
    and comment before the issuance of any update to the least-cost
    energy strategy required under this section.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1602, Oct. 24, 1992, 106 Stat.
    2999.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (a), was in the original
    "this title" meaning title XVI of Pub. L. 102-486, Oct. 24, 1992,
    106 Stat. 2999, which enacted this subchapter and repealed sections
    7361 to 7364 of this title.

-End-

-CITE-
    42 USC Sec. 13383                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13383. Director of Climate Protection

-STATUTE-
      Within 6 months after October 24, 1992, the Secretary shall
    establish, within the Department of Energy, a Director of Climate
    Protection (in this section referred to as the "Director"). The
    Director shall - 
        (1) in the absence of the Secretary, serve as the Secretary's
      representative for interagency and multilateral policy
      discussions of global climate change, including the activities of
      the Committee on Earth and Environmental Sciences as established
      by the Global Change Research Act of 1990 (Public Law 101-606)
      [15 U.S.C. 2921 et seq.] and the Policy Coordinating Committee
      Working Group on Climate Change;
        (2) monitor, in cooperation with other Federal agencies,
      domestic and international policies for their effects on the
      generation of greenhouse gases; and
        (3) have the authority to participate in the planning
      activities of relevant Department of Energy programs.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1603, Oct. 24, 1992, 106 Stat.
    3001.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Global Change Research Act of 1990, referred to in par. (1),
    is Pub. L. 101-606, Nov. 16, 1990, 104 Stat. 3096, which is
    classified generally to chapter 56A (Sec. 2921 et seq.) of Title
    15, Commerce and Trade. For complete classification of this Act to
    the Code, see Short Title note set out under section 2921 of Title
    15 and Tables.

-End-

-CITE-
    42 USC Sec. 13384                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13384. Assessment of alternative policy mechanisms for
      addressing greenhouse gas emissions

-STATUTE-
      Not later than 18 months after October 24, 1992, the Secretary
    shall transmit a report to Congress containing a comparative
    assessment of alternative policy mechanisms for reducing the
    generation of greenhouse gases. Such assessment shall include a
    short-run and long-run analysis of the social, economic, energy,
    environmental, competitive, and agricultural costs and benefits,
    including costs and benefits for jobs and competition, and the
    practicality of each of the following policy mechanisms:
        (1) Various systems for controlling the generation of
      greenhouse gases, including caps for the generation of greenhouse
      gases from major sources and emissions trading programs.
        (2) Federal standards for energy efficiency for major sources
      of greenhouse gases, including efficiency standards for power
      plants, industrial processes, automobile fuel economy,
      appliances, and buildings, and for emissions of methane.
        (3) Various Federal and voluntary incentives programs.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1604, Oct. 24, 1992, 106 Stat.
    3002.)

-End-

-CITE-
    42 USC Sec. 13385                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13385. National inventory and voluntary reporting of
      greenhouse gases

-STATUTE-
    (a) National inventory
      Not later than one year after October 24, 1992, the Secretary,
    through the Energy Information Administration, shall develop, based
    on data available to, and obtained by, the Energy Information
    Administration, an inventory of the national aggregate emissions of
    each greenhouse gas for each calendar year of the baseline period
    of 1987 through 1990. The Administrator of the Energy Information
    Administration shall annually update and analyze such inventory
    using available data. This subsection does not provide any new data
    collection authority.
    (b) Voluntary reporting
      (1) Issuance of guidelines
        Not later than 18 months after October 24, 1992, the Secretary
      shall, after opportunity for public comment, issue guidelines for
      the voluntary collection and reporting of information on sources
      of greenhouse gases. Such guidelines shall establish procedures
      for the accurate voluntary reporting of information on - 
          (A) greenhouse gas emissions - 
            (i) for the baseline period of 1987 through 1990; and
            (ii) for subsequent calendar years on an annual basis;

          (B) annual reductions of greenhouse gas emissions and carbon
        fixation achieved through any measures, including fuel
        switching, forest management practices, tree planting, use of
        renewable energy, manufacture or use of vehicles with reduced
        greenhouse gas emissions, appliance efficiency, energy
        efficiency, methane recovery, cogeneration, chlorofluorocarbon
        capture and replacement, and power plant heat rate improvement;
          (C) reductions in greenhouse gas emissions achieved as a
        result of - 
            (i) voluntary reductions;
            (ii) plant or facility closings; and
            (iii) State or Federal requirements; and

          (D) an aggregate calculation of greenhouse gas emissions by
        each reporting entity.

      Such guidelines shall also establish procedures for taking into
      account the differential radiative activity and atmospheric
      lifetimes of each greenhouse gas.
      (2) Reporting procedures
        The Administrator of the Energy Information Administration
      shall develop forms for voluntary reporting under the guidelines
      established under paragraph (1), and shall make such forms
      available to entities wishing to report such information. Persons
      reporting under this subsection shall certify the accuracy of the
      information reported.
      (3) Confidentiality
        Trade secret and commercial or financial information that is
      privileged or confidential shall be protected as provided in
      section 552(b)(4) of title 5.
      (4) Establishment of data base
        Not later than 18 months after October 24, 1992, the Secretary,
      through the Administrator of the Energy Information
      Administration, shall establish a data base comprised of
      information voluntarily reported under this subsection. Such
      information may be used by the reporting entity to demonstrate
      achieved reductions of greenhouse gases.
    (c) Consultation
      In carrying out this section, the Secretary shall consult, as
    appropriate, with the Administrator of the Environmental Protection
    Agency.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1605, Oct. 24, 1992, 106 Stat.
    3002.)

-End-

-CITE-
    42 USC Sec. 13386                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13386. Export of domestic energy resource technologies to
      developing countries

-STATUTE-
      The Secretary, through the Trade Promotion Coordinating Council,
    shall develop policies and programs to encourage the export and
    promotion of domestic energy resource technologies, including
    renewable energy, energy efficiency, and clean coal technologies,
    to developing countries.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1607, Oct. 24, 1992, 106 Stat.
    3003.)

-End-

-CITE-
    42 USC Sec. 13387                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13387. Innovative environmental technology transfer program

-STATUTE-
    (a) Establishment of program
      The Secretary, through the Agency for International Development,
    and in consultation with the interagency working group established
    under section 6276(d) of this title (in this section referred to as
    the "interagency working group",(!1) shall establish a technology
    transfer program to carry out the purposes described in subsection
    (b) of this section. Within 150 days after October 24, 1992, the
    Secretary and the Administrator of the Agency for International
    Development shall enter into a written agreement to carry out this
    section. The agreement shall establish a procedure for resolving
    any disputes between the Secretary and the Administrator regarding
    the implementation of specific projects. With respect to countries
    not assisted by the Agency for International Development, the
    Secretary may enter into agreements with other appropriate Federal
    agencies. If the Secretary and the Administrator, or the Secretary
    and an agency described in the previous sentence, are unable to
    reach an agreement, each shall send a memorandum to the President
    outlining an appropriate agreement. Within 90 days after receipt of
    either memorandum, the President shall determine which version of
    the agreement shall be in effect. Any agreement entered into under
    this subsection shall be provided to the appropriate committees of
    the Congress and made available to the public.

    (b) Purposes of program
      The purposes of the technology transfer program under this
    section are to - 
        (1) reduce the United States balance of trade deficit through
      the export of United States energy technologies and technological
      expertise;
        (2) retain and create manufacturing and related service jobs in
      the United States;
        (3) encourage the export of United States technologies,
      including services related thereto, to those countries that have
      a need for developmentally sound facilities to provide energy
      derived from technologies that substantially reduce environmental
      pollutants, including greenhouse gases;
        (4) develop markets for United States technologies, including
      services related thereto, that substantially reduce environmental
      pollutants, including greenhouse gases, that meet the energy and
      environmental requirements of foreign countries;
        (5) better ensure that United States participation in energy-
      related projects in foreign countries includes participation by
      United States firms as well as utilization of United States
      technologies;
        (6) ensure the introduction of United States firms and
      expertise in foreign countries;
        (7) provide financial assistance by the Federal Government to
      foster greater participation by United States firms in the
      financing, ownership, design, construction, or operation of
      technologies or services that substantially reduce environmental
      pollutants, including greenhouse gases; and
        (8) assist United States firms, especially firms that are in
      competition with firms in foreign countries, to obtain
      opportunities to transfer technologies to, or undertake projects
      in, foreign countries.
    (c) Identification
      Pursuant to the agreements required by subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, and after consultation with the interagency working
    group, United States firms, and representatives from foreign
    countries, shall develop mechanisms to identify potential energy
    projects in host countries that substantially reduce environmental
    pollutants, including greenhouse gases, and shall identify a list
    of such projects within 240 days after October 24, 1992, and
    periodically thereafter.
    (d) Financial mechanisms
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, shall - 
        (A) establish appropriate financial mechanisms to increase the
      participation of United States firms in energy projects, and
      services related thereto, that substantially reduce environmental
      pollutants, including greenhouse gases in foreign countries;
        (B) utilize available financial assistance authorized by this
      section to counterbalance assistance provided by foreign
      governments to non-United States firms; and
        (C) provide financial assistance to support projects.

      (2) The financial assistance authorized by this section may be - 
        (A) provided in combination with other forms of financial
      assistance, including non-Federal funding that may be available
      for the project; and
        (B) utilized in conjunction with financial assistance programs
      available through other Federal agencies.

      (3) United States obligations under the Arrangement on Guidelines
    for Officially Supported Export Credits established through the
    Organization for Economic Cooperation and Development shall be
    applicable to this section.
    (e) Solicitations for project proposals
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, within one year after October 24, 1992, and
    subsequently as appropriate thereafter, shall solicit proposals
    from United States firms for the design, construction, testing, and
    operation of the project or projects identified under subsection
    (c) of this section which propose to utilize a United States
    technology or service. Each solicitation under this section shall
    establish a closing date for receipt of proposals.
      (2) The solicitation under this subsection shall, to the extent
    appropriate, be modeled after the RFP No. DE-PS01-90FE62271 Clean
    Coal Technology IV, as administered by the Department of Energy.
      (3) Any solicitation made under this subsection shall include the
    following requirements:
        (A) The United States firm that submits a proposal in response
      to the solicitation shall have an equity interest in the proposed
      project.
        (B) The project shall utilize a United States technology,
      including services related thereto, that substantially reduce
      environmental pollutants, including greenhouse gases, in meeting
      the applicable energy and environmental requirements of the host
      country.
        (C) Proposals for projects shall be submitted by and undertaken
      with a United States firm, although a joint venture or other
      teaming arrangement with a non-United States manufacturer or
      other non-United States entity is permissible.
    (f) Assistance to United States firms
      Pursuant to the agreements under subsection (a) of this section,
    the Secretary, through the Agency for International Development,
    and in consultation with the interagency working group, shall
    establish a procedure to provide financial assistance to United
    States firms under this section for a project identified under
    subsection (c) of this section where solicitations for the project
    are being conducted by the host country or by a multilateral
    lending institution.
    (g) Other program requirements
      Pursuant to the agreements under subsection (a) of this section,
    the Secretary, through the Agency for International Development,
    and in consultation with the interagency working group, shall - 
        (1) establish eligibility criteria for countries that will host
      projects;
        (2) periodically review the energy needs of such countries and
      export opportunities for United States firms for the development
      of projects in such countries;
        (3) consult with government officials in host countries and, as
      appropriate, with representatives of utilities or other entities
      in host countries, to determine interest in and support for
      potential projects; and
        (4) determine whether each project selected under this section
      is developmentally sound, as determined under the criteria
      developed by the Development Assistance Committee of the
      Organization for Economic Cooperation and Development.
    (h) Eligible technologies
      Not later than 6 months after October 24, 1992, the Secretary
    shall prepare a list of eligible technologies and services under
    this section. In preparing such a list, the Secretary shall
    consider fuel cell powerplants, aeroderivitive gas turbines and
    catalytic combustion technologies for aeroderivitive gas turbines,
    ocean thermal energy conversion technology, anaerobic digester and
    storage tanks, and other renewable energy and energy efficiency
    technologies.
    (i) Selection of projects
      (1) Pursuant to the agreements under subsection (a) of this
    section, the Secretary, through the Agency for International
    Development, shall, not later than 120 days after receipt of
    proposals in response to a solicitation under subsection (e) of
    this section, select one or more proposals under this section.
      (2) In selecting a proposal under this section, the Secretary,
    through the Agency for International Development, shall consider - 
        (A) the ability of the United States firm, in cooperation with
      the host country, to undertake and complete the project;
        (B) the degree to which the equipment to be included in the
      project is designed and manufactured in the United States;
        (C) the long-term technical and competitive viability of the
      United States technology, and services related thereto, and the
      ability of the United States firm to compete in the development
      of additional energy projects using such technology in the host
      country and in other foreign countries;
        (D) the extent of technical and financial involvement of the
      host country in the project;
        (E) the extent to which the proposed project meets the purposes
      of this section;
        (F) the extent of technical, financial, management, and
      marketing capabilities of the participants in the project, and
      the commitment of the participants to completion of a successful
      project in a manner that will facilitate acceptance of the United
      States technology or service for future application; and
        (G) such other criteria as may be appropriate.

      (3) In selecting among proposed projects, the Secretary shall
    seek to ensure that, relative to otherwise comparable projects in
    the host country, a selected project will meet the following
    criteria:
        (A) It will reduce environmental emissions, including
      greenhouse gases, to an extent greater than required by
      applicable provisions of law.
        (B) It will be a more cost-effective technological alternative,
      based on life cycle capital and operating costs per unit of
      energy produced and, where applicable, costs per unit of product
      produced.
        (C) It will increase the overall efficiency of energy use.

    Priority in selection shall be given to those projects which, in
    the judgment of the Secretary, best meet these criteria.
    (j) United States-Asia Environmental Partnership
      Activities carried out under this section shall be coordinated
    with the United States-Asia Environmental Partnership.
    (k) Buy America
      In carrying out this section, the Secretary, through the Agency
    for International Development, and pursuant to the agreements under
    subsection (a) of this section, shall ensure - 
        (1) the maximum percentage, but in no case less than 50
      percent, of the cost of any equipment furnished in connection
      with a project authorized under this section shall be
      attributable to the manufactured United States components of such
      equipment; and
        (2) the maximum participation of United States firms.

    In determining whether the cost of United States components equals
    or exceeds 50 percent, the cost of assembly of such United States
    components in the host country shall not be considered a part of
    the cost of such United States component.
    (l) Report to Congress
      The Secretary and the Administrator of the Agency for
    International Development shall report annually to the Committee on
    Energy and Natural Resources of the Senate and the appropriate
    committees of the House of Representatives on the progress being
    made to introduce innovative energy technologies, and services
    related thereto, that substantially reduce environmental
    pollutants, including greenhouse gases, into foreign countries.
    (m) Definitions
      For purposes of this section - 
        (1) the term "host country" means a foreign country which is - 
          (A) the participant in or the site of the proposed innovative
        energy technology project; and
          (B) either - 
            (i) classified as a country eligible to participate in
          development assistance programs of the Agency for
          International Development pursuant to applicable law or
          regulation; or
            (ii) a developing country; and

        (2) the term "developing country" includes, but is not limited
      to, countries in Central and Eastern Europe or in the independent
      states of the former Soviet Union.
    (n) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out the program required by this section, $100,000,000 for each of
    the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1608, Oct. 24, 1992, 106 Stat.
    3003.)

-FOOTNOTE-
    (!1) So in original. Probably should be preceded by a closing
         parenthesis.

-End-

-CITE-
    42 USC Sec. 13388                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13388. Global Climate Change Response Fund

-STATUTE-
    (a) Establishment of Fund
      The Secretary of the Treasury, in consultation with the Secretary
    of State, shall establish a Global Climate Change Response Fund to
    act as a mechanism for United States contributions to assist global
    efforts in mitigating and adapting to global climate change.
    (b) Restrictions on deposits
      No deposits shall be made to the Global Climate Change Response
    Fund until the United States has ratified the United Nations
    Framework Convention on Climate Change.
    (c) Use of Fund
      Moneys deposited into the Fund shall be used by the President, to
    the extent authorized and appropriated under section 2222 of title
    22, solely for contributions to a financial mechanism negotiated
    pursuant to the United Nations Framework Convention on Climate
    Change, including all protocols or agreements related thereto.
    (d) Authorization of appropriations
      There are authorized to be appropriated for deposit in the Fund
    to carry out the purposes of this section, $50,000,000 for fiscal
    year 1994 and such sums as may be necessary for fiscal years 1995
    and 1996.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1609, Oct. 24, 1992, 106 Stat.
    3007.)

-End-

-CITE-
    42 USC Sec. 13389                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-
    Sec. 13389. Greenhouse gas intensity reducing strategies

-STATUTE-
    (a) Definitions
      In this section:
      (1) Advisory Committee
        The term "Advisory Committee" means the Climate Change
      Technology Advisory Committee established under subsection (f)(1)
      of this section.
      (2) Carbon sequestration
        The term "carbon sequestration" means the capture of carbon
      dioxide through terrestrial, geological, biological, or other
      means, which prevents the release of carbon dioxide into the
      atmosphere.
      (3) Committee
        The term "Committee" means the Committee on Climate Change
      Technology established under subsection (b)(1) of this section.
      (4) Developing country
        The term "developing country" has the meaning given the term in
      section 13387(m) of this title.
      (5) Greenhouse gas
        The term "greenhouse gas" means - 
          (A) carbon dioxide;
          (B) methane;
          (C) nitrous oxide;
          (D) hydrofluorocarbons;
          (E) perfluorocarbons; and
          (F) sulfur hexafluoride.
      (6) Greenhouse gas intensity
        The term "greenhouse gas intensity" means the ratio of
      greenhouse gas emissions to economic output.
      (7) National Laboratory
        The term "National Laboratory" has the meaning given the term
      in section 15801(3) (!1) of this title.

    (b) Committee on Climate Change Technology
      (1) In general
        Not later than 180 days after August 8, 2005, the President
      shall establish a Committee on Climate Change Technology to - 
          (A) integrate current Federal climate reports; and
          (B) coordinate Federal climate change technology activities
        and programs carried out in furtherance of the strategy
        developed under subsection (c)(1) of this section.
      (2) Membership
        The Committee shall be composed of at least 7 members,
      including - 
          (A) the Secretary, who shall chair the Committee;
          (B) the Secretary of Commerce;
          (C) the Chairman of the Council on Environmental Quality;
          (D) the Secretary of Agriculture;
          (E) the Administrator of the Environmental Protection Agency;
          (F) the Secretary of Transportation;
          (G) the Director of the Office of Science and Technology
        Policy; and
          (H) other representatives as may be determined by the
        President.
      (3) Staff
        The members of the Committee shall provide such personnel as
      are necessary to enable the Committee to perform its duties.
    (c) National climate change technology policy
      (1) In general
        Not later than 18 months after August 8, 2005, the Committee
      shall, based on applicable Federal climate reports, submit to the
      Secretary and the President a national strategy to promote the
      deployment and commercialization of greenhouse gas intensity
      reducing technologies and practices developed through research
      and development programs conducted by the National Laboratories,
      other Federal research facilities, institutions of higher
      education, and the private sector.
      (2) Updates
        The Committee shall - 
          (A) at the time of submission of the strategy to the
        President under paragraph (1), also make the strategy available
        to the public; and
          (B) update the strategy every 5 years, or more frequently as
        the Committee determines to be necessary.
    (d) Climate Change Technology Program
      Not later than 180 days after the date on which the Committee is
    established under subsection (b)(1) of this section, the Secretary,
    in consultation with the Committee, shall establish within the
    Department of Energy the Climate Change Technology Program to - 
        (1) assist the Committee in the interagency coordination of
      climate change technology research, development, demonstration,
      and deployment to reduce greenhouse gas intensity; and
        (2) carry out the programs authorized under this section.
    (e) Technology inventory
      (1) In general
        The Secretary shall conduct and make public an inventory and
      evaluation of greenhouse gas intensity reducing technologies that
      have been developed, or are under development, by the National
      Laboratories, other Federal research facilities, institutions of
      higher education, and the private sector to determine which
      technologies are suitable for commercialization and deployment.
      (2) Report
        Not later than 180 days after the completion of the inventory
      under paragraph (1), the Secretary shall submit to Congress a
      report that includes the results of the completed inventory and
      any recommendations of the Secretary.
      (3) Use
        The Secretary shall use the results of the inventory as
      guidance in the commercialization and deployment of greenhouse
      gas intensity reducing technologies.
      (4) Updated inventory
        The Secretary shall - 
          (A) periodically update the inventory under paragraph (1),
        including when determined necessary by the Committee; and
          (B) make the updated inventory available to the public.
    (f) Climate Change Technology Advisory Committee
      (1) In general
        The Secretary, in consultation with the Committee, may
      establish under section 7234 of this title a Climate Change
      Technology Advisory Committee to identify statutory, regulatory,
      economic, and other barriers to the commercialization and
      deployment of greenhouse gas intensity reducing technologies and
      practices in the United States.
      (2) Composition
        The Advisory Committee shall be composed of the following
      members, to be appointed by the Secretary, in consultation with
      the Committee:
          (A) 1 representative shall be appointed from each National
        Laboratory.
          (B) 3 members shall be representatives of energy-producing
        trade organizations.
          (C) 3 members shall represent energy-intensive trade
        organizations.
          (D) 3 members shall represent groups that represent end-use
        energy and other consumers.
          (E) 3 members shall be employees of the Federal Government
        who are experts in energy technology, intellectual property,
        and tax.
          (F) 3 members shall be representatives of institutions of
        higher education with expertise in energy technology
        development that are recommended by the National Academy of
        Engineering.
      (3) Report
        Not later than 1 year after August 8, 2005, and annually
      thereafter, the Advisory Committee shall submit to the Committee
      a report that describes - 
          (A) the findings of the Advisory Committee; and
          (B) any recommendations of the Advisory Committee for the
        removal or reduction of barriers to commercialization,
        deployment, and increasing the use of greenhouse gas intensity
        reducing technologies and practices.
    (g) Greenhouse gas intensity reducing technology deployment
      (1) In general
        Based on the strategy developed under subsection (c)(1) of this
      section, the technology inventory conducted under subsection
      (e)(1) of this section, the greenhouse gas intensity reducing
      technology study report submitted under subsection (e)(2) of this
      section, and reports under subsection (f)(3) of this section, if
      any, the Committee shall develop recommendations that would
      provide for the removal of domestic barriers to the
      commercialization and deployment of greenhouse gas intensity
      reducing technologies and practices.
      (2) Requirements
        In developing the recommendations under paragraph (1), the
      Committee shall consider in the aggregate - 
          (A) the cost-effectiveness of the technology;
          (B) fiscal and regulatory barriers;
          (C) statutory and other barriers; and
          (D) intellectual property issues.
      (3) Demonstration projects
        In developing recommendations under paragraph (1), the
      Committee may identify the need for climate change technology
      demonstration projects.
      (4) Report
        Not later than 18 months after August 8, 2005, the Committee
      shall submit to the President and Congress a report that - 
          (A) identifies, based on the report submitted under
        subsection (f)(3) of this section, any barriers to, and
        commercial risks associated with, the deployment of greenhouse
        gas intensity reducing technologies; and
          (B) includes a plan for carrying out demonstration projects.
      (5) Updates
        The Committee shall - 
          (A) at the time of submission of the report to Congress under
        paragraph (4), also make the report available to the public;
        and
          (B) update the report every 5 years, or more frequently as
        the Committee determines to be necessary.
    (h) Procedures for calculating, monitoring, and analyzing
      greenhouse gas intensity
      The Secretary, in collaboration with the Committee and the
    National Institute of Standards and Technology, and after public
    notice and opportunity for comment, shall develop standards and
    best practices for calculating, monitoring, and analyzing
    greenhouse gas intensity.
    (i) Demonstration projects
      (1) In general
        The Secretary shall, subject to the availability of
      appropriations, support demonstration projects that - 
          (A) increase the reduction of the greenhouse gas intensity to
        levels below that which would be achieved by technologies being
        used in the United States as of August 8, 2005;
          (B) maximize the potential return on Federal investment;
          (C) demonstrate distinct roles in public-private
        partnerships;
          (D) produce a large-scale reduction of greenhouse gas
        intensity if commercialization occurred; and
          (E) support a diversified portfolio to mitigate the
        uncertainty associated with a single technology.
      (2) Cost sharing
        In supporting a demonstration project under this subsection,
      the Secretary shall require cost-sharing in accordance with
      section 16352 of this title.
      (3) Authorization of appropriations
        There are authorized to be appropriated such sums as are
      necessary to carry out this subsection.
    (j) Cooperative research and development agreements
      In carrying out greenhouse gas intensity reduction research and
    technology deployment activities under this subtitle,(!2) the
    Secretary may enter into cooperative research and development
    agreements under section 3710a of title 15.

-SOURCE-
    (Pub. L. 102-486, title XVI, Sec. 1610, as added Pub. L. 109-58,
    title XVI, Sec. 1601, Aug. 8, 2005, 119 Stat. 1109.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 15801(3) of this title, referred to in subsec. (a)(7),
    was in the original "section 3(3) of the Energy Policy Act of 2005"
    and was translated as meaning section 2(3) of that Act to reflect
    the probable intent of Congress, because the Energy Policy Act of
    2005 does not contain a section 3 and section 2(3) defines
    "National Laboratory".
      This subtitle, referred to in subsec. (j), appearing in the
    original, is unidentifiable because title XVI of Pub. L. 102-486,
    of which this section is a part, does not contain subtitles.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. See References in Text note below.

-End-

-CITE-
    42 USC SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

-HEAD-
             SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY         

-End-

-CITE-
    42 USC Sec. 13401                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

-HEAD-
    Sec. 13401. Goals

-STATUTE-
      It is the goal of the United States in carrying out energy supply
    and energy conservation research and development - 
        (1) to strengthen national energy security by reducing
      dependence on imported oil;
        (2) to increase the efficiency of the economy by meeting future
      needs for energy services at the lowest total cost to the Nation,
      including environmental costs, giving comparable consideration to
      technologies that enhance energy supply and technologies that
      improve the efficiency of energy end uses;
        (3) to reduce the air, water, and other environmental impacts
      (including emissions of greenhouse gases) of energy production,
      distribution, transportation, and utilization, through the
      development of an environmentally sustainable energy system;
        (4) to maintain the technological competitiveness of the United
      States and stimulate economic growth through the development of
      advanced materials and technologies;
        (5) to foster international cooperation by developing
      international markets for domestically produced sustainable
      energy technologies, and by transferring environmentally sound,
      advanced energy systems and technologies to developing countries
      to promote sustainable development;
        (6) to consider the comparative environmental and public health
      impacts of the energy to be produced or saved by the specific
      activities;
        (7) to consider the obstacles inherent in private industry's
      development of new energy technologies and steps necessary for
      establishing or maintaining technological leadership in the area
      of energy and energy efficiency resource technologies; and
        (8) to consider the contribution of a given activity to
      fundamental scientific knowledge.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2001, Oct. 24, 1992, 106 Stat.
    3057.)

-End-

-CITE-
    42 USC Part A - Oil and Gas Supply Enhancement              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part A - Oil and Gas Supply Enhancement

-HEAD-
                  PART A - OIL AND GAS SUPPLY ENHANCEMENT              

-End-

-CITE-
    42 USC Sec. 13411                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part A - Oil and Gas Supply Enhancement

-HEAD-
    Sec. 13411. Enhanced oil recovery

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, on technologies to increase
    the recoverability of domestic oil resources to - 
        (1) improve reservoir characterization;
        (2) improve analysis and field verification;
        (3) field test and demonstrate enhanced oil recovery processes,
      including advanced processes, in reservoirs the Secretary
      considers to be of high priority, ranked primarily on the basis
      of oil recovery potential and risk of abandonment;
        (4) transfer proven recovery technologies to producers and
      operators of wells, including stripper wells, that would
      otherwise be likely to be abandoned in the near term due to
      declining production;
        (5) improve enhanced oil recovery process technology for more
      economic and efficient oil production;
        (6) identify and develop new recovery technologies;
        (7) study reservoir properties and how they affect oil recovery
      from porous media;
        (8) improve techniques for meeting environmental requirements;
        (9) improve data bases of reservoir and environmental
      conditions; and
        (10) lower lifting costs on stripper wells by utilizing
      advanced renewable energy technologies such as small wind
      turbines and others.
    (b) Program goals
      (1) Near-term priorities
        The near-term priorities of the program include preserving
      access to high potential reservoirs, identifying available
      technologies that can extend the lifetime of wells and of
      stripper well property, and developing environmental field
      operations for waste disposal and injection practices.
      (2) Mid-term priorities
        The mid-term priorities of the program include developing and
      testing identified but unproven technologies, and transferring
      those technologies for widespread use.
      (3) Long-term priorities
        The long-term priorities of the program include developing
      advanced techniques to recover oil not recoverable by other
      techniques.
    (c) Accelerated program plan
      Within 180 days after October 24, 1992, the Secretary shall
    prepare and submit to the Congress a plan for carrying out under
    this section the accelerated field testing of technologies to
    achieve the priorities stated in subsection (b) of this section. In
    preparing the plan, the Secretary shall consult with appropriate
    representatives of industry, institutions of higher education,
    Federal agencies, including national laboratories, and professional
    and technical societies, and with the Advisory Board established
    under section 13522 of this title.
    (d) Proposals
      Within 1 year after October 24, 1992, the Secretary shall solicit
    proposals for conducting activities under this section.
    (e) Consultation
      In carrying out the provisions of this section, the Secretary
    shall consult representatives of the oil and gas industry with
    respect to innovative research and development proposals to improve
    oil and gas recovery and shall consider relevant technical data
    from industry and other research and information centers and
    institutes.
    (f) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section, including advanced extraction and
    process technology, $57,250,000 for fiscal year 1993 and
    $70,000,000 for fiscal year 1994.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2011, Oct. 24, 1992, 106 Stat.
    3057.)

-End-

-CITE-
    42 USC Sec. 13412                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part A - Oil and Gas Supply Enhancement

-HEAD-
    Sec. 13412. Oil shale

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, on oil shale extraction and
    conversion, including research and development on both eastern and
    western shales, as provided in this section.
    (b) Program goals
      The goals of the program established under this section include -
    
        (1) supporting the development of economically competitive and
      environmentally acceptable technologies to produce domestic
      supplies of liquid fuels from oil shale;
        (2) increasing knowledge of environmentally acceptable oil
      shale waste disposal technologies and practices;
        (3) increasing knowledge of the chemistry and kinetics of oil
      shale retorting;
        (4) increasing understanding of engineering issues concerning
      the design and scale-up of oil shale extraction and conversion
      technologies;
        (5) improving techniques for oil shale mining systems; and
        (6) providing for cooperation with universities and other
      private sector entities.
    (c) Eastern oil shale program
      (1) As part of the program authorized by this section, the
    Secretary shall carry out a program on oil shale that includes
    applied research, in cooperation with universities and the private
    sector, on eastern oil shale that may have the potential to
    decrease United States dependence on energy imports.
      (2) As part of the program authorized by this subsection, the
    Secretary shall consider the potential benefits of including in
    that program applied research carried out in cooperation with
    universities and other private sector entities that are, as of
    October 24, 1992, engaged in research on eastern oil shale
    retorting and associated processes.
      (3) The program carried out under this subsection shall be cost-
    shared with universities and the private sector to the maximum
    extent possible.
    (d) Western oil shale program
      As part of the program authorized by this section, the Secretary
    shall carry out a program on extracting oil from western oil shales
    that includes, if appropriate, establishment and utilization of at
    least one field testing center for the purpose of testing,
    evaluating, and developing improvements in oil shale technology at
    the field test level. In establishing such a center, the Secretary
    shall consider sites with existing oil shale mining and processing
    infrastructure and facilities. Sixty days prior to establishing any
    such field testing center, the Secretary shall submit a report to
    Congress on the center to be established.
    (e) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section $5,250,000 for fiscal year 1993 and
    $6,000,000 for fiscal year 1994.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2012, Oct. 24, 1992, 106 Stat.
    3058.)

-End-

-CITE-
    42 USC Sec. 13413                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part A - Oil and Gas Supply Enhancement

-HEAD-
    Sec. 13413. Natural gas supply

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, to increase the recoverable
    natural gas resource base including, but not limited to - 
        (1) more intensive recovery of natural gas from discovered
      conventional resources;
        (2) the extraction of natural gas from tight gas sands and
      devonian shales or other unconventional sources;
        (3) surface gasification of coal; and
        (4) recovery of methane from biofuels including municipal solid
      waste.
    (b) Proposals
      Within 1 year after October 24, 1992, the Secretary shall solicit
    proposals for conducting activities under this section.
    (c) Cofiring of natural gas and coal
      (1) Program
        The Secretary shall establish and carry out a 5-year program,
      in accordance with sections 13541 and 13542 of this title, on
      cofiring natural gas with coal in utility and large industrial
      boilers in order to determine optimal natural gas injection
      levels for both environmental and operational benefits.
      (2) Financial assistance
        The Secretary shall enter into agreements with, and provide
      financial assistance to, appropriate parties for application of
      cofiring technologies to boilers to demonstrate this technology.
      (3) Report to Congress
        The Secretary shall, before December 31, 1995, submit to the
      Congress a report on the progress made in carrying out this
      subsection.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section and sections 13414 and 13415 of this
    title, $29,745,000 for fiscal year 1993 and $45,000,000 for fiscal
    year 1994.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2013, Oct. 24, 1992, 106 Stat.
    3059.)

-End-

-CITE-
    42 USC Sec. 13414                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part A - Oil and Gas Supply Enhancement

-HEAD-
    Sec. 13414. Natural gas end-use technologies

-STATUTE-
      The Secretary shall carry out a 5-year program, in accordance
    with sections 13541 and 13542 of this title, on new and advanced
    natural gas utilization technologies including, but not limited to -
     
        (1) stationary source emissions control and efficiency
      improvements including combustion systems, industrial processes,
      cogeneration, and waste fuels; and
        (2) natural gas storage including increased deliverability from
      existing gas storage facilities and new capabilities for storage
      near demand centers, and on-site storage at major energy
      consuming facilities.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2014, Oct. 24, 1992, 106 Stat.
    3060.)

-End-

-CITE-
    42 USC Sec. 13415                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part A - Oil and Gas Supply Enhancement

-HEAD-
    Sec. 13415. Midcontinent Energy Research Center

-STATUTE-
    (a) Finding
      Congress finds that petroleum resources in the midcontinent
    region of the United States are very large but are being
    prematurely abandoned.
    (b) Purposes
      The purposes of this section are to - 
        (1) improve the efficiency of petroleum recovery;
        (2) increase ultimate petroleum recovery; and
        (3) delay the abandonment of resources.
    (c) Establishment
      The Secretary may establish the Midcontinent Energy Research
    Center (referred to in this section as the "Center") to - 
        (1) conduct research in petroleum geology and engineering
      focused on improving the recovery of petroleum from existing
      fields and established plays in the upper midcontinent region of
      the United States; and
        (2) ensure that the results of the research described in
      paragraph (1) are transferred to users.
    (d) Research
      (1) In general
        In conducting research under this section, the Center shall, to
      the extent practicable, cooperate with agencies of the Federal
      Government, the States in the midcontinent region of the United
      States, and the affected industry.
      (2) Programs
        Research programs conducted by the Center may include - 
          (A) data base development and transfer of technology;
          (B) reservoir management;
          (C) reservoir characterization;
          (D) advanced recovery methods; and
          (E) development of new technology.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2015, Oct. 24, 1992, 106 Stat.
    3060.)

-End-

-CITE-
    42 USC Part B - Oil and Gas Demand Reduction and
                     Substitution                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
          PART B - OIL AND GAS DEMAND REDUCTION AND SUBSTITUTION      

-End-

-CITE-
    42 USC Sec. 13431                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
    Sec. 13431. General transportation

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, on cost effective
    technologies to reduce the demand for oil in the transportation
    sector for all motor vehicles, including existing vehicles, through
    increased energy efficiency and the use of alternative fuels. Such
    program shall include a broad range of technological approaches,
    and shall include field demonstrations of sufficient scale and
    number in operating environments to prove technical and economic
    viability to meet the goals stated in section 13401 of this title.
    Such program shall include the activities required under sections
    13432 through 13437 of this title, and ongoing activities of a
    similar nature at the Department of Energy.
    (b) Program plan
      Within 180 days after October 24, 1992, the Secretary shall
    prepare and submit to the Congress a 5-year program plan to guide
    activities under this part. In preparing the program plan, the
    Secretary shall consult with appropriate representatives of
    industry, utilities, institutions of higher education, Federal
    agencies, including national laboratories, and professional and
    technical societies.
    (c) Proposals
      Within 1 year after October 24, 1992, the Secretary shall solicit
    proposals for conducting activities under this section.
    (d) "Alternative fuels" defined
      For purposes of this part, the term "alternative fuels" includes
    natural gas, liquefied petroleum gas, hydrogen, fuels other than
    alcohol that are derived from biological materials, and any fuel
    the content of which is at least 85 percent by volume methanol,
    ethanol, or other alcohol.
    (e) Authorization of appropriations
      (1) There are authorized to be appropriated to the Secretary for
    carrying out this part, including all transportation sector energy
    conservation research and development (other than activities under
    section 13435 of this title) and all transportation sector biofuels
    energy systems under solar energy, $119,144,000 for fiscal year
    1993 and $160,000,000 for fiscal year 1994.
      (2) There are authorized to be appropriated to the Secretary for
    carrying out section 13435 of this title - 
        (A) $60,300,000 for fiscal year 1993;
        (B) $75,000,000 for fiscal year 1994;
        (C) $80,000,000 for fiscal year 1995;
        (D) $80,000,000 for fiscal year 1996;
        (E) $90,000,000 for fiscal year 1997; and
        (F) $100,000,000 for fiscal year 1998.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2021, Oct. 24, 1992, 106 Stat.
    3061.)

-End-

-CITE-
    42 USC Sec. 13432                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
    Sec. 13432. Advanced automotive fuel economy

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a program, in accordance with
    sections 13541 and 13542 of this title, to supplement ongoing
    research activities of a similar nature at the Department of
    Energy, to accelerate the near-term and mid-term development of
    advanced technologies to improve the fuel economy of light-duty
    passenger vehicles powered by a piston engine, and hybrid vehicles
    powered by a combination of piston engine and electric motor.
    (b) Program goal
      The goal of the program established under subsection (a) of this
    section shall be to stimulate the development of emerging
    technologies with the potential to achieve significant improvements
    in fuel economy while reducing emissions of air pollutants.
    (c) Proposals
      Within 1 year after October 24, 1992, the Secretary shall solicit
    proposals for conducting activities under this section, making a
    special effort to involve small businesses in the program.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2022, Oct. 24, 1992, 106 Stat.
    3061.)

-End-

-CITE-
    42 USC Sec. 13433                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
    Sec. 13433. Alternative fuel vehicle program

-STATUTE-
    (a) Program direction
      The Secretary shall carry out a program, in accordance with
    sections 13541 and 13542 of this title, on techniques related to
    improving natural gas and other alternative fuel vehicle
    technology, including - 
        (1) fuel injection;
        (2) carburetion;
        (3) manifolding;
        (4) combustion;
        (5) power optimization;
        (6) efficiency;
        (7) lubricants and detergents;
        (8) engine durability;
        (9) ignition, including fuel additives to assist ignition;
        (10) multifuel engines;
        (11) emissions control, including catalysts;
        (12) novel gas compression concepts;
        (13) advanced storage systems;
        (14) advanced gaseous fueling technologies; and
        (15) the incorporation of advanced materials in these areas.
    (b) Cooperative agreements and assistance
      The Secretary may enter into cooperative agreements with, and
    provide financial assistance to, public or private entities willing
    to provide 50 percent of the costs of a program to perform
    activities under subsection (a) of this section.
    (c) Definitions
      For purposes of this section - 
        (1) the term "alternative fuel vehicle" means a motor vehicle
      that operates on alternative fuels; and
        (2) the term "motor vehicle" includes any automobile, truck,
      bus, van, or other on-road or off-road motor vehicle, including a
      boat.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2023, Oct. 24, 1992, 106 Stat.
    3062.)

-End-

-CITE-
    42 USC Sec. 13434                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
    Sec. 13434. Biofuels user facility

-STATUTE-
      (a) The Secretary shall establish a biofuels user facility to
    expedite industry adoption of biofuels technologies, including
    production of alcohol fuels from biomass.
      (b) The Secretary, through such universities and colleges as the
    Secretary determines are qualified, shall establish a program, in
    accordance with sections 13541 and 13542 of this title, with
    respect to the production and use of diesel fuels from vegetable
    oils or animal fats. The program shall investigate - 
        (1) the economic feasibility of production of oilseed crops for
      biofuels purposes; and
        (2) the establishment of a mobile small-scale oilseed pressing
      and esterification unit and a stationary small-scale commercial
      oilseed pressing and esterification unit.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2024, Oct. 24, 1992, 106 Stat.
    3062.)

-End-

-CITE-
    42 USC Sec. 13435                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
    Sec. 13435. Electric motor vehicles and associated equipment
      research and development

-STATUTE-
    (a) General
      The Secretary shall conduct, pursuant to the Federal Nonnuclear
    Energy Research and Development Act of 1974 (42 U.S.C. 5901-5920),
    a research and development program on electric motor vehicles and
    associated equipment. Such program shall be conducted in
    cooperation with the electric utility industry, and automobile
    industry, battery manufacturers, and such other persons as the
    Secretary considers appropriate.
    (b) Comprehensive plan
      (1) The Secretary shall prepare a comprehensive 5-year program
    plan for carrying out the purposes of this section. Such
    comprehensive plan shall be updated biennially for a period of not
    less than 10 years after October 24, 1992.
      (2) The comprehensive plan under paragraph (1) shall be prepared
    in consultation with the Administrator of the Environmental
    Protection Agency, the Secretary of Transportation, the Secretary
    of Commerce, the heads of other appropriate Federal agencies,
    representatives of the electric utility industry, electric motor
    vehicle manufacturers, the United States automobile industry, and
    such other persons as the Secretary considers appropriate.
      (3) The comprehensive plan shall include - 
        (A) a prioritization of research areas critical to the
      commercialization of electric motor vehicles, including advanced
      battery technology;
        (B) the program elements, management structure, and activities,
      including program responsibilities, of Federal agencies;
        (C) the program strategies, including technical milestones to
      be achieved toward specific goals during each fiscal year of the
      comprehensive plan for all major activities and projects;
        (D) the estimated costs of individual program elements,
      including estimated costs for each of the fiscal years of the
      comprehensive plan for each of the participating Federal
      agencies;
        (E) a description of the methods of technology transfer;
        (F) a proposal for participation by non-Federal entities in the
      implementation of the comprehensive plan; and
        (G) such other information as the Secretary considers
      appropriate.

      (4) Not later than 180 days after October 24, 1992, the Secretary
    shall transmit the comprehensive plan to the Congress. Biennial
    updates shall be submitted to the Congress.
    (c) Cooperative agreements
      The Secretary, consistent with the comprehensive plan under
    subsection (b) of this section, may enter into cooperative
    agreements to conduct research and development projects with
    industry in such areas of technology development as - 
        (1) high efficiency electric power trains, including advanced
      motors, motor controllers, and hybrid power trains for electric
      motor vehicle range improvement;
        (2) light-weight structures for electric motor vehicle weight
      reduction;
        (3) advanced batteries with high energy density and power
      density, and improved range or recharging cycles for a given unit
      weight, for electric motor vehicle application;
        (4) hybrid power trains incorporating an electric motor and
      recyclable battery charged by an onboard liquid fuel engine,
      designed to significantly improve fuel economies while
      maintaining acceleration characteristics comparable to a
      conventionally fueled vehicle;
        (5) batteries and fuel cells for electric-hybrid vehicle
      application;
        (6) fuel cells and fuel cell systems for primary electric motor
      vehicle power sources; and
        (7) photovoltaics for use with electric motor vehicles.
    (d) Solicitation of proposals
      (1) Within one year after October 24, 1992, the Secretary shall
    solicit proposals for cooperative agreements for research and
    development under subsection (c) of this section.
      (2) Thereafter, the Secretary may solicit additional proposals
    for cooperative agreements under subsection (c) of this section if,
    in the judgment of the Secretary, such cooperative agreements could
    contribute to the development of electric motor vehicles and
    associated equipment.
    (e) Cost-sharing
      (1) The Secretary shall require at least 50 percent of the costs
    directly and specifically related to any cooperative agreement
    under this section, other than a cooperative agreement under
    subsection (j) of this section, to be from non-Federal sources.
    Such share may be in the form of cash, personnel, services,
    equipment, and other resources.
      (2) The Secretary may reduce the amount of costs required to be
    provided by non-Federal sources under paragraph (1), if the
    Secretary determines that the reduction is necessary and
    appropriate - 
        (A) considering the technological risks involved in the
      project; and
        (B) in order to meet the objectives of this section.
    (f) Deployment
      (1) The Secretary shall conduct a program designed to accelerate
    deployment of advanced battery technologies for use with electric
    motor vehicles.
      (2) In carrying out the program authorized by this subsection,
    the Secretary shall - 
        (A) undertake an inventory and assessment of advanced battery
      technologies and electric motor vehicle technologies and the
      commercial capability of such technologies; and
        (B) develop a Federal industry information exchange program to
      improve the deployment or use of such technologies, which may
      consist of workshops, publications, conferences, and a data base
      for use by the public and private sectors.
    (g) Domestic parts manufacturers
      In carrying out this section, the Secretary, in consultation with
    the Secretary of Commerce, shall issue regulations to ensure that
    the procurement practices of participating electric motor vehicle
    and associated equipment manufacturers do not discriminate against
    the United States manufacturers of vehicle parts.
    (h) Hold harmless
      Nothing in this section shall be construed to alter, affect,
    modify, or change any activities or agreements initiated prior to
    October 24, 1992, with domestic motor vehicle manufacturers through
    joint venture or consortium agreements regarding batteries for
    electric motor vehicles.
    (i) Consultation
      The Secretary shall consult with the Administrator of the
    Environmental Protection Agency and the Secretary of Transportation
    in carrying out this section.
    (j) Fuel cells for transportation
      (1) The Secretary shall develop and implement a comprehensive
    program of research, development, and demonstration of fuel cells
    and related systems for transportation applications through the
    establishment of one or more cooperative programs among industry,
    government, and research institutions to develop and demonstrate
    the use of fuel cells as the primary power source for private and
    mass transit vehicles and other mobile applications.
      (2) Research, development, and demonstration activities under
    this subsection shall be designed to incorporate one or more of the
    following priorities:
        (A) The potential for near-term to mid-term commercialization.
        (B) The ability of the systems to use a variety of renewable
      and nonfossil fuels.
        (C) Emission reduction and energy conservation potential.
        (D) The potential to utilize fuel cells and fuel cell systems
      developed under Department of Defense and National Aeronautics
      and Space Administration programs.
        (E) The potential to take maximum practical advantage of
      advances made in electric motor vehicle research, stationary
      source fuel cell research, and other research activities
      authorized by this subchapter.

      (3)(A) Research, development, and demonstration projects selected
    by the Secretary under this subsection shall apply to - 
        (i) passenger vehicles;
        (ii) vans and utility vehicles;
        (iii) light rail systems and locomotives;
        (iv) trucks, including long-haul trucks, dump trucks, and
      garbage trucks;
        (v) passenger buses;
        (vi) non-chlorofluorocarbon mobile refrigeration systems;
        (vii) marine vessels, including recreational marine engines; or
        (viii) mobile engines and power generation, including
      recreational generators, and industrial and construction
      equipment.

      (B) The Secretary shall establish programs to undertake research,
    development, and demonstration activities for the applications
    listed in clauses (i) through (viii) of subparagraph (A) in each of
    fiscal years 1993, 1994, 1995, and 1996, based on the priorities
    established in paragraph (2), so that by the end of the period,
    research, development, and demonstration activities are under way
    for the applications under each such clause. The initiatives
    authorized and implemented pursuant to this subsection shall be in
    addition to any other fuel cell programs authorized in existing
    law.
    (k) Definitions
      For purposes of this section - 
        (1) the term "advanced battery technology" means
      electrochemical storage devices and systems, including fuel
      cells, and associated technology necessary to charge, discharge,
      recharge, or regenerate such devices, for use as a source of
      power for an electric motor vehicle and any other associated
      equipment;
        (2) the term "associated equipment" means equipment necessary
      for the regeneration, refueling, or recharging of batteries or
      other forms of electric energy used to power an electric motor
      vehicle and, in the case of electric-hybrid vehicles, such term
      includes nonpetroleum-related equipment necessary for, and solely
      related to, the demonstration of such vehicles;
        (3) the term "electric motor vehicle" means a motor vehicle
      primarily powered by an electric motor that draws current from
      rechargeable storage batteries, fuel cells, photovoltaic arrays,
      or other sources of electric current and may include an electric-
      hybrid vehicle; and
        (4) the term "electric-hybrid vehicle" means vehicle primarily
      powered by an electric motor that draws current from rechargeable
      storage batteries, fuel cells, or other sources of electric
      current and also relies on a nonelectric source of power that
      also operates on or is capable of operating on a nonelectrical
      source of power.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2025, Oct. 24, 1992, 106 Stat.
    3063; Pub. L. 105-362, title IV, Sec. 402(a), Nov. 10, 1998, 112
    Stat. 3283.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Nonnuclear Energy Research and Development Act of
    1974, referred to in subsec. (a), is Pub. L. 93-577, Dec. 31, 1974,
    88 Stat. 1878, as amended, which is classified generally to chapter
    74 (Sec. 5901 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    5901 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(1). Pub. L. 105-362, Sec. 402(a)(1),
    substituted "biennially" for "annually" in second sentence.
      Subsec. (b)(4). Pub. L. 105-362, Sec. 402(a)(2), substituted
    "Biennial updates" for "Annual updates" in second sentence.

-End-

-CITE-
    42 USC Sec. 13436                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
    Sec. 13436. Repealed. Pub. L. 104-271, title I, Sec. 103(b)(2),
      Oct. 9, 1996, 110 Stat. 3306

-MISC1-
      Section, Pub. L. 102-486, title XX, Sec. 2026, Oct. 24, 1992, 106
    Stat. 3066; Pub. L. 104-271, title I, Sec. 103(b)(1), Oct. 9, 1996,
    110 Stat. 3306, related to a 5-year program on renewable hydrogen
    energy systems.

                         EFFECTIVE DATE OF REPEAL                     
      Pub. L. 104-271, title I, Sec. 103(b)(2), Oct. 9, 1996, 110 Stat.
    3306, provided that the repeal made by section 103(b)(2) is
    effective Oct. 1, 1998.

-End-

-CITE-
    42 USC Sec. 13437                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
    Sec. 13437. Advanced diesel emissions program

-STATUTE-
    (a) Program direction
      The Secretary shall initiate a 5-year program, in accordance with
    sections 13541 and 13542 of this title, on diesel engine combustion
    and engine systems, related advanced materials, and fuels and
    lubricants to reduce emissions oxides of nitrogen and particulates.
    Activities conducted under this program shall supplement activities
    of a similar nature at the Department of Energy. Such program shall
    include field demonstrations of sufficient scale and number in
    operating environments to prove technical and economic viability to
    meet the goal stated in subsection (b) of this section.
    (b) Program goal
      The goal of the program established under subsection (a) of this
    section shall be to accelerate the ability of United States diesel
    manufacturers to meet current and future oxides of nitrogen and
    particulate emissions requirements.
    (c) Program plan
      Within 180 days after October 24, 1992, the Secretary, in
    consultation with appropriate representatives of industry,
    institutions of higher education, Federal agencies, including
    national laboratories, and professional and technical societies,
    shall prepare and submit to the Congress a 5-year program plan to
    guide the activities under this section. Such plan shall be
    included as part of the plan required by section 13431(b) of this
    title.
    (d) Solicitation of proposals
      Within 1 year after October 24, 1992, the Secretary shall solicit
    proposals for conducting activities consistent with the 5-year
    program plan.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2027, Oct. 24, 1992, 106 Stat.
    3066.)

-End-

-CITE-
    42 USC Sec. 13438                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY
    Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-
    Sec. 13438. Telecommuting study

-STATUTE-
    (a) Study
      The Secretary, in consultation with the Secretary of
    Transportation, shall conduct a study of the potential costs and
    benefits to the energy and transportation sectors of telecommuting.
    The study shall include - 
        (1) an estimation of the amount and type of reduction of
      commuting by form of transportation type and numbers of
      commuters;
        (2) an estimation of the potential number of lives saved;
        (3) an estimation of the reduction in environmental pollution,
      in consultation with the Environmental Protection Agency;
        (4) an estimation of the amount and type of reduction of energy
      use and savings by form of transportation type; and
        (5) an estimation of the social impact of widespread use of
      telecommuting.
    (b) Report to Congress
      This study shall be completed no more than one hundred and eighty
    days after October 24, 1992. A report, summarizing the results of
    the study, shall be transmitted to the United States House of
    Representatives and the Committee on Energy and Natural Resources
    of the United States Senate no more than sixty days after
    completion of this study.

-SOURCE-
    (Pub. L. 102-486, title XX, Sec. 2028, Oct. 24, 1992, 106 Stat.
    3067.)

-End-

-CITE-
    42 USC SUBCHAPTER IX - ENERGY AND ENVIRONMENT               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT

-HEAD-
                  SUBCHAPTER IX - ENERGY AND ENVIRONMENT              

-End-

-CITE-
    42 USC Part A - Improved Energy Efficiency                  01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
                    PART A - IMPROVED ENERGY EFFICIENCY                

-End-

-CITE-
    42 USC Sec. 13451                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
    Sec. 13451. General improved energy efficiency

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, on cost effective
    technologies to improve energy efficiency and increase the use of
    renewable energy in the buildings, industrial, and utility sectors.
    Such program shall include a broad range of technological
    approaches, and shall include field demonstrations of sufficient
    scale and number to prove technical and economic viability to meet
    the goals stated in section 13401 of this title. Such program shall
    include the activities required under sections 13452, 13453, 13454,
    13455, 13456, and 13457 of this title and section 2106 (!1) and
    ongoing activities of a similar nature at the Department of Energy.
    Such program shall also include the activities conducted pursuant
    to the Steel and Aluminum Energy Conservation and Technology
    Competitiveness Act of 1988 (Public Law 100-680) [15 U.S.C. 5101 et
    seq.] and the Department of Energy Metal Casting Competitiveness
    Research Act of 1990 (Public Law 101-425) [15 U.S.C. 5301 et seq.].

    (b) Program goals
      The goals of the program established under subsection (a) of this
    section shall include - 
        (1) in the buildings sector - 
          (A) to accelerate the development of technologies that will
        increase energy efficiency;
          (B) to increase the use of renewable energy; and
          (C) to reduce environmental impacts;

        (2) in the industrial sector - 
          (A) to accelerate the development of technologies that will
        increase energy efficiency in order to improve productivity;
          (B) to increase the use of renewable energy; and
          (C) to reduce environmental impacts; and

        (3) in the utility sector - 
          (A) to accelerate the development of technologies that will
        increase energy efficiency; and
          (B) to increase the use of integrated resource planning.
    (c) Program plan
      Within 180 days after October 24, 1992, the Secretary shall
    prepare and submit to the Congress a 5-year program plan to guide
    activities under this part. In preparing the program plan, the
    Secretary shall consult with appropriate representatives of
    industry, utilities, institutions of higher education, Federal
    agencies, including national laboratories, and professional and
    technical societies.
    (d) Proposals
      Within 1 year after October 24, 1992, the Secretary shall solicit
    proposals for conducting activities under this section.
    (e) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this part, including all building, industry, and
    utility sectors energy conservation research and development, and
    inventions and innovation under energy conservation technical and
    financial assistance, $178,250,000 for fiscal year 1993 and
    $275,000,000 for fiscal year 1994.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2101, Oct. 24, 1992, 106 Stat.
    3067.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2106, referred to in subsec. (a), means section 2106 of
    Pub. L. 102-486, which amended sections 5103, 5107, 5108, 5110, and
    5307 of Title 15, Commerce and Trade.
      The Steel and Aluminum Energy Conservation and Technology
    Competitiveness Act of 1988, referred to in subsec. (a), is Pub. L.
    100-680, Nov. 17, 1988, 102 Stat. 4073, as amended, which is
    classified generally to chapter 77 (Sec. 5101 et seq.) of Title 15.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 5101 of Title 15 and Tables.
      The Department of Energy Metal Casting Competitiveness Research
    Act of 1990, referred to in subsec. (a), is Pub. L. 101-425, Oct.
    15, 1990, 104 Stat. 915, as amended, which is classified generally
    to chapter 79 (Sec. 5301 et seq.) of Title 15. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 5301 of Title 15 and Tables.
      This part, referred to in subsecs. (c) and (e), was in the
    original "this subtitle" meaning subtitle A of title XXI of Pub. L.
    102-486, Oct. 24, 1992, 106 Stat. 3067, which enacted this part and
    amended sections 5103, 5107, 5108, 5110, and 5307 of Title 15.

-MISC1-
                   DISTRICT HEATING AND COOLING PROGRAMS               
      Pub. L. 102-486, title I, Sec. 172, Oct. 24, 1992, 106 Stat.
    2865, as amended by Pub. L. 109-58, title II, Sec. 206(b), Aug. 8,
    2005, 119 Stat. 655, provided that:
      "(a) In General. - The Secretary, in consultation with
    appropriate industry organizations, shall conduct a study to - 
        "(1) assess existing district heating and cooling technologies
      to determine cost-effectiveness, technical performance, energy
      efficiency, and environmental impacts as compared to alternative
      methods for heating and cooling buildings;
        "(2) estimate the economic value of benefits that may result
      from implementation of district heating and cooling systems but
      that are not currently recognized, such as reduced emissions of
      air pollutants, local economic development, and energy security;
        "(3) evaluate the cost-effectiveness, including the economic
      value referred to in paragraph (2), of cogenerated district
      heating and cooling technologies compared to other alternatives
      for generating or conserving electricity;
        "(4) assess and make recommendations for reducing institutional
      and other constraints on the implementation of district heating
      and cooling systems; and
        "(5) evaluate the use of renewable energy systems (as such term
      is defined in section 415(c) of the Energy Conservation and
      Production Act (42 U.S.C. 6865(c))) in residential buildings.
      "(b) Report. - Not later than 2 years after the date of the
    enactment of the Energy Policy Act of 2005 [Aug. 8, 2005], the
    Secretary shall transmit to the Congress a report containing the
    findings, conclusions and recommendations, if any, of the Secretary
    for carrying out Federal, State, and local programs as a result of
    the study conducted under subsection (a)."

           STUDY AND REPORT ON VIBRATION REDUCTION TECHNOLOGIES       
      Pub. L. 102-486, title I, Sec. 173, Oct. 24, 1992, 106 Stat.
    2865, as amended by Pub. L. 105-362, title IV, Sec. 401(c), Nov.
    10, 1998, 112 Stat. 3282, provided that:
      "(a) In General. - The Secretary shall, in consultation with the
    appropriate industry representatives, conduct a study to assess the
    cost-effectiveness, technical performance, energy efficiency, and
    environmental impacts of active noise and vibration cancellation
    technologies that use fast adapting algorithms.
      "(b) Procedure. - In carrying out such study, the Secretary shall
    - 
        "(1) estimate the potential for conserving energy and the
      economic and environmental benefits that may result from
      implementing active noise and vibration abatement technologies in
      demand side management; and
        "(2) evaluate the cost-effectiveness of active noise and
      vibration cancellation technologies as compared to other
      alternatives for reducing noise and vibration.
      "(c) Demonstration. - The Secretary may, based on the findings
    and conclusions of the study carried out under this section,
    conduct at least one project designed to demonstrate the commercial
    application of active noise and vibration cancellation technologies
    using fast adapting algorithms in products or equipment with a
    significant potential for increased energy efficiency."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 13452                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
    Sec. 13452. Natural gas and electric heating and cooling
      technologies

-STATUTE-
    (a) Program direction
      (1) The Secretary shall conduct a 5-year program, in accordance
    with sections 13541 and 13542 of this title, on energy efficient
    natural gas and electric heating and cooling technologies for
    residential and commercial buildings.
      (2) The natural gas heating and cooling program shall include
    activities on - 
        (A) thermally activated heat pumps, including absorption heat
      pumps and engine-driven heat pumps; and
        (B) other advanced natural gas technologies, including fuel
      cells for residential and commercial applications.

      (3) The electric heating and cooling program shall focus on - 
        (A) advanced heat pumps;
        (B) thermal storage; and
        (C) advanced electric HVAC (heating, ventilating, and air
      conditioning) and refrigeration systems that utilize replacements
      for chlorofluorocarbons.
    (b) Proposals
      Within 180 days after October 24, 1992, the Secretary shall
    solicit proposals for conducting activities under this section.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2102, Oct. 24, 1992, 106 Stat.
    3068.)

-End-

-CITE-
    42 USC Sec. 13453                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
    Sec. 13453. Pulp and paper

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, on advanced pulp and paper
    technologies. Such program shall include activities on energy
    generation technologies, boilers, combustion processes, pulping
    processes (excluding de-inking), chemical recovery, causticizing,
    source reduction processes, and other related technologies that can
    improve the energy efficiency of, and reduce the adverse
    environmental impacts of, pulp and papermaking operations. This
    section does not authorize projects involving the combustion of
    waste paper, other than gasification.
    (b) Proposals
      Within 180 days after October 24, 1992, the Secretary shall
    solicit proposals for conducting activities under this section.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2103, Oct. 24, 1992, 106 Stat.
    3069.)

-End-

-CITE-
    42 USC Sec. 13454                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
    Sec. 13454. Advanced buildings for 2005

-STATUTE-
    (a) Program direction
      The Secretary shall initiate a 5-year program, in accordance with
    sections 13541 and 13542 of this title, to increase building energy
    efficiency, while maintaining affordability, by the year 2005. Such
    program shall include activities on - 
        (1) building design, design methods, and construction
      techniques;
        (2) building materials, including recycled materials, and
      components;
        (3) on-site energy supply conversion systems such as
      photovoltaics;
        (4) automated energy management systems;
        (5) methods of evaluating performance; and
        (6) insulation products manufactured with nonozone depleting
      materials.
    (b) Proposals
      (1) Solicitation
        Within 1 year after October 24, 1992, the Secretary shall
      solicit proposals for conducting activities under this section.
      (2) Contents of proposals
        Proposals submitted under this subsection shall include and be
      judged upon - 
          (A) evidence of knowledge of current building practices in
        the United States and in other countries;
          (B) an explanation of how the proposal will encourage the
        commercialization of the technologies resulting from activities
        in subsection (a) of this section;
          (C) evidence of consideration of collaboration with
        Department of Energy national laboratories;
          (D) evidence of collaboration with relevant industry or other
        groups or organizations; and
          (E) a demonstration of the ability of the proposers to
        undertake and complete the project proposed.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2104, Oct. 24, 1992, 106 Stat.
    3069.)

-End-

-CITE-
    42 USC Sec. 13455                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
    Sec. 13455. Electric drives

-STATUTE-
    (a) Program
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, to increase the efficiency
    of electric drive technologies, including adjustable speed drives,
    high speed motors, and high efficiency motors.
    (b) Proposals
      Within 1 year after October 24, 1992, the Secretary shall solicit
    proposals for projects under this section.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2105, Oct. 24, 1992, 106 Stat.
    3070.)

-End-

-CITE-
    42 USC Sec. 13456                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
    Sec. 13456. Improving efficiency in energy-intensive industries

-STATUTE-
    (a) Secretarial action
      The Secretary, in accordance with sections 13541 and 13542 of
    this title, shall - 
        (1) pursue a research, development, demonstration and
      commercial application program intended to improve energy
      efficiency and productivity in energy-intensive industries and
      industrial processes; and
        (2) undertake joint ventures to encourage the commercialization
      of technologies developed under paragraph (1).
    (b) Joint ventures
      (1) The Secretary shall - 
        (A) conduct a competitive solicitation for proposals from
      private firms and investors for such joint ventures under
      subsection (a)(2) of this section; and
        (B) provide financial assistance to at least five such joint
      ventures.

      (2) The purpose of the joint ventures shall be to design, test,
    and demonstrate changes to industrial processes that will result in
    improved energy efficiency and productivity. The joint ventures may
    also demonstrate other improvements of benefit to such industries
    so long as demonstration of energy efficiency improvements is the
    principal objective of the joint venture.
      (3) In evaluating proposals for financial assistance and joint
    ventures under this section, the Secretary shall consider - 
        (A) whether the activities conducted under this section improve
      the quality and energy efficiency of industries or industrial
      processes;
        (B) the regional distribution of the energy-intensive
      industries and industrial processes; and
        (C) whether the proposed joint venture project would be located
      in the region which has the energy-intensive industry and
      industrial processes that would benefit from the project.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2107, Oct. 24, 1992, 106 Stat.
    3070.)

-End-

-CITE-
    42 USC Sec. 13457                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
    Sec. 13457. Energy efficient environmental program

-STATUTE-
    (a) Program direction
      The Secretary, in consultation with the Administrator of the
    Environmental Protection Agency, is authorized to continue to carry
    out a 5-year program to improve the energy efficiency and cost
    effectiveness of pollution prevention technologies and processes,
    including source reduction and waste minimization technologies and
    processes. The purposes of this section shall be to - 
        (1) apply a systems approach to minimizing adverse
      environmental effects of industrial production in the most cost
      effective and energy efficient manner; and
        (2) incorporate consideration of the entire materials and
      energy cycle with the goal of minimizing adverse environmental
      impacts.
    (b) Identification of opportunities
      Within 9 months after October 24, 1992, the Secretary, in
    consultation with the Administrator of the Environmental Protection
    Agency, shall identify opportunities for the demonstration of
    energy efficient pollution prevention technologies and processes.
    (c) Report
      Within 1 year after October 24, 1992, the Secretary shall submit
    a report to Congress evaluating the opportunities identified under
    subsection (b) of this section. Such report shall include - 
        (1) an assessment of the technologies available to increase
      productivity and simultaneously reduce the consumption of energy
      and material resources and the production of wastes;
        (2) an assessment of the current use of such technologies by
      industry in the United States;
        (3) the status of any such technologies currently being
      developed, together with projected schedules of their commercial
      availability;
        (4) the energy savings resulting from the use of such
      technologies;
        (5) the environmental benefits of such technologies;
        (6) the costs of such technologies;
        (7) an evaluation of any existing Federal or State regulatory
      disincentives for the employment of such technologies; and
        (8) an evaluation of any other barriers to the use of such
      technologies.

    In preparing the report required by this subsection, the Secretary
    shall consult with the Administrator of the Environmental
    Protection Agency, any other Federal, State, or local official the
    Secretary considers necessary, representatives of appropriate
    industries, members of organizations formed to further the goals of
    environmental protection or energy efficiency, and other
    appropriate interested members of the public, as determined by the
    Secretary.
    (d) Proposals
      Within 1 year after October 24, 1992, the Secretary, in
    consultation with the Administrator of the Environmental Protection
    Agency, shall solicit proposals for activities under this section.
    Proposals selected under this subsection shall demonstrate - 
        (1) technical viability and cost effectiveness; and
        (2) procedures for technology transfer and information outreach
      during and after completion of the project.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2108, Oct. 24, 1992, 106 Stat.
    3071.)

-End-

-CITE-
    42 USC Sec. 13458                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part A - Improved Energy Efficiency

-HEAD-
    Sec. 13458. Energy efficient lighting and building centers

-STATUTE-
    (a) Purpose
      The purpose of this section is to encourage energy efficiency in
    buildings through the establishment of regional centers to promote
    energy efficient lighting, heating and cooling, and building
    design.
    (b) Grants for establishment
      Not later than 18 months after October 24, 1992, the Secretary
    shall make grants to nonprofit institutions, or to consortiums that
    may include nonprofit institutions, State and local governments,
    universities, and utilities, to establish or enhance one regional
    building energy efficiency center (hereafter in this section
    referred to as a "regional center") in each of the 10 regions
    served by a Department of Energy regional support office.
    (c) Permitted activities
      Each regional center established under this section may - 
        (1) provide information, training, and technical assistance to
      building professionals such as architects, designers, engineers,
      contractors, and building code officials, on building energy
      efficiency methods and technologies, including lighting, heating
      and cooling, and passive solar;
        (2) operate an outreach program to inform such building
      professionals of the benefits and opportunities of energy
      efficiency, and of the services of the center;
        (3) provide displays demonstrating building energy efficiency
      methods and technologies, such as lighting, windows, and heating
      and cooling equipment;
        (4) coordinate its activities and programs with other
      institutions within the region, such as State and local
      governments, utilities, and educational institutions, in order to
      support their efforts to promote building energy efficiency;
        (5) serve as a clearinghouse to ensure that information about
      new building energy efficiency technologies, including case
      studies of successful applications, is disseminated to end-users
      in the region;
        (6) study the building energy needs of the region and make
      available region-specific energy efficiency information to
      facilitate the adoption of cost-effective energy efficiency
      improvements;
        (7) assist educational institutions in establishing building
      energy efficiency engineering and technical programs and
      curricula; and
        (8) evaluate the performance of the center in promoting
      building energy efficiency.
    (d) Application
      Any nonprofit institution or consortium interested in receiving a
    grant under this section shall submit to the Secretary an
    application in such form and containing such information as the
    Secretary may require. A lighting or building energy center in
    existence on October 24, 1992, which is owned and operated by a
    nonprofit institution or a consortium as described in subsection
    (b) of this section shall be eligible for a grant under this
    section.
    (e) Selection criteria
      The Secretary shall select recipients of grants under this
    section on the basis of the following criteria:
        (1) The capability of the grant recipient to establish a board
      of directors for the regional center composed of representatives
      from utilities, State and local governments, building trade and
      professional organizations, manufacturers, and nonprofit energy
      and environmental organizations.
        (2) The demonstrated or potential resources available to the
      grant recipient for carrying out this subsection.
        (3) The demonstrated or potential ability of the grant
      recipient to promote building energy efficiency by carrying out
      the activities specified in subsection (c) of this section.
        (4) The activities which the grant recipient proposes to carry
      out under the grant.
    (f) Requirement of matching funds
      (1) Federal share
        The Federal share of a grant under this section shall be no
      more than 50 percent of the costs of establishing, and no more
      than 25 percent of the cost of operating the regional center.
      (2) Non-Federal contributions
        No grant may be made under this section in any fiscal year
      unless the recipient of such grant enters into such agreements
      with the Secretary as the Secretary may require to ensure that
      such recipient will provide the necessary non-Federal
      contributions. Such non-Federal contributions may be provided by
      utilities, State and local governments, nonprofit institutions,
      foundations, corporations, and other non-Federal entities.
    (g) Task force
      The Secretary shall establish a task force to - 
        (1) advise the Secretary on activities to be carried out by
      grant recipients;
        (2) review and evaluate programs carried out by grant
      recipients; and
        (3) make recommendations regarding the building energy
      efficiency center grant program.
    (h) Membership terms and administration of task force
      (1) In general
        The task force shall be composed of approximately 20 members,
      appointed by the Secretary, with expertise in the area of
      building energy efficiency, including representatives from - 
          (A) State or local energy offices;
          (B) utilities;
          (C) building construction trade or professional associations;
          (D) architecture, engineering or professional associations;
          (E) building component or equipment manufacturers;
          (F) from (!1) national laboratories;

          (G) building code officials or professional associations; and
          (H) nonprofit energy or environmental organizations.
      (2) Geographic representation
        The Secretary shall ensure that there is broad geographical
      representation among task force members.
      (3) Terms
        Members shall be appointed for a term of 3 years. A vacancy in
      the task force shall be filled in the manner in which the
      original appointment was made.
      (4) Pay
        Members shall serve without pay. Each member shall receive
      travel expenses, including per diem in lieu of subsistence, in
      accordance with sections 5702 and 5703 of title 5.
      (5) Chairperson
        The Chairperson and Vice Chairperson of the task force shall be
      elected by the members.
      (6) Meetings
        The task force shall meet biannually and at the call of the
      Chairperson.
      (7) Inapplicability of termination date
        Section 14 of the Federal Advisory Committee Act shall not
      apply to the task force.
    (i) Omitted
    (j) Authorization of appropriations
      There is authorized to be appropriated for purposes of carrying
    out this section, to remain available until expended, not more than
    $10,000,000 for each of fiscal years 1994, 1995, and 1996.

-SOURCE-
    (Pub. L. 102-486, title I, Sec. 103, Oct. 24, 1992, 106 Stat.
    2789.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 14 of the Federal Advisory Committee Act, referred to in
    subsec. (h)(7), is section 14 of Pub. L. 92-463, which is set out
    in the Appendix to Title 5, Government Organization and Employees.

-COD-
                               CODIFICATION                           
      Subsec. (i) of this section, which required the Secretary to
    transmit annually to Congress a report on the activities of
    regional centers established under this section, including the
    degree to which matching funds are being leveraged from private
    sources to establish and operate such centers, terminated,
    effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance. See, also, the 6th item on page 88 of House Document
    No. 103-7.
      Section was enacted as part of title I of the Energy Policy Act,
    and not as part of title XXI of that Act which comprises this
    subchapter.

-FOOTNOTE-
    (!1) So in original. The word "from" probably should not appear.

-End-

-CITE-
    42 USC Part B - Electricity Generation and Use              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
                  PART B - ELECTRICITY GENERATION AND USE              

-End-

-CITE-
    42 USC Sec. 13471                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13471. Renewable energy

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a comprehensive 5-year program, in
    accordance with sections 13541 and 13542 of this title, to provide
    cost-effective options for the generation of electricity from
    renewable energy sources for grid and nongrid application,
    including field demonstrations of sufficient scale and number in
    operating environments to prove technical and economic feasibility
    for providing cost effective generation and for meeting the goal
    stated in section 13401(3) of this title and section 13382(a)(4) of
    this title.
    (b) Program plan
      Within 180 days after October 24, 1992, the Secretary shall
    prepare and submit to the Congress a 5-year program plan to guide
    the activities under this section. In preparing the program plan,
    the Secretary shall consult with appropriate representatives of
    industry, institutions of higher education, Federal agencies,
    including national laboratories, and professional and technical
    societies.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section, including all solar energy programs
    (other than activities under section 13431 of this title),
    geothermal systems, electric energy systems, and energy storage
    systems, $208,975,000 for fiscal year 1993 and $275,000,000 for
    fiscal year 1994.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2111, Oct. 24, 1992, 106 Stat.
    3072.)

-End-

-CITE-
    42 USC Sec. 13472                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13472. High efficiency heat engines

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, to improve the efficiency
    of heat engines. Such program shall - 
        (1) include field demonstrations of sufficient scale and number
      so as to demonstrate technical and economic feasibility;
        (2) incorporate materials that increase engine efficiency; and
        (3) cover advanced engine designs for electric and industrial
      power generation for a range of small-, mid-, and large-scale
      applications, including - 
          (A) mechanically recuperated gas turbines;
          (B) intercooled gas turbines with steam injection or
        recuperation;
          (C) gas turbines utilizing reformed fuels or hydrogen; and
          (D) high efficiency, simple cycle gas turbines.
    (b) Program goal
      The goal of the program established under subsection (a) of this
    section shall be to develop heat engines that can achieve over 50
    percent efficiency in the mid-term.
    (c) Program plan
      Within 180 days after October 24, 1992, the Secretary shall
    prepare and submit to the Congress a 5-year program plan, to be
    included in the plan required under section 13451(c) of this title,
    to guide the activities under this section. In preparing the
    program plan, the Secretary shall consult with appropriate
    representatives of industry, institutions of higher education,
    Federal agencies, including the Environmental Protection Agency and
    national laboratories, and professional and technical societies.
    (d) Proposals
      Within 1 year after October 24, 1992, the Secretary shall solicit
    proposals for conducting activities under this section.
    (e) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section such sums as may be necessary to be
    derived from sums authorized under section 13451(e) of this title.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2112, Oct. 24, 1992, 106 Stat.
    3072.)

-End-

-CITE-
    42 USC Sec. 13473                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13473. Civilian nuclear waste

-STATUTE-
    (a) Study
      The Secretary shall conduct a study of the potential for
    minimizing the volume and toxic lifetime of nuclear waste,
    including an analysis of the viability of existing technologies and
    an assessment of the extent of research and development required
    for new technologies.
    (b) Program
      Based on the results of the study required under subsection (a)
    of this section, the Secretary shall prepare and submit to Congress
    a 5-year program plan for carrying out a program of research and
    development on new technologies for minimizing the volume and toxic
    lifetime of, and thereby mitigating hazards associated with,
    nuclear waste.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section $4,700,000 for fiscal year 1993 and such
    sums as may be necessary for fiscal year 1994.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2113, Oct. 24, 1992, 106 Stat.
    3073.)

-End-

-CITE-
    42 USC Sec. 13474                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13474. Fusion energy

-STATUTE-
    (a) Program
      The Secretary shall conduct a fusion energy 5-year program, in
    accordance with sections 13541 and 13542 of this title, that by the
    year 2010 will result in a technology demonstration which verifies
    the practicability of commercial electric power production.
    (b) Program goals
      The goals of the program established under subsection (a) of this
    section shall include - 
        (1) a broad based fusion energy program;
        (2) United States participation in the Engineering Design
      Activity of the International Thermonuclear Experimental Reactor
      (ITER) program and in the related research and technology
      development efforts;
        (3) the development of technology for fusion power and
      industrial participation in the development of such technology;
        (4) the design and construction of a major new machine for
      fusion research and technology development consistent with
      paragraphs (2) and (3); and
        (5) research and development for Inertial Confinement Fusion
      Energy and development of a Heavy Ion Inertial Confinement Fusion
      experiment.
    (c) Management plan
      (1) Within 180 days after October 24, 1992, the Secretary shall
    prepare a comprehensive management plan for the fusion energy
    program. The plan shall include specific program objectives,
    milestones and schedules for technology development, and cost
    estimates and program management resource requirements.
      (2) The plan shall also include a description of - 
        (A) United States participation in the Engineering Design
      Activity of ITER, including industrial participation;
        (B) potential United States participation in the construction
      and operation of an ITER facility; and
        (C) the requirements needed to build and test an inertial
      fusion energy reactor for the purpose of power production.

      (3) As part of the plan required under paragraph (1), the
    Secretary shall evaluate the status of international fusion
    programs and evaluate whether the Federal Government should
    initiate efforts to strengthen existing international cooperative
    agreements in fusion energy or enter into new cooperative
    agreements to accomplish the purposes of this section.
      (4) The plan shall also evaluate the extent to which university
    or private sector participation is appropriate or necessary in
    order to carry out the purposes of this section.
      (5) The President shall include in the budget submitted to the
    Congress each year under section 1105 of title 31 a report prepared
    by the Secretary describing the progress made in meeting the
    program objectives, milestones, and schedules established in the
    management plan. Each such report shall also describe the
    organization of the program, the personnel assigned and funds
    committed to the program, and expenditures made in carrying out the
    program objectives. The report shall be submitted with the plan
    required under section 13523 of this title.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section $339,710,000 for fiscal year 1993 and
    $380,000,000 for fiscal year 1994.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2114, Oct. 24, 1992, 106 Stat.
    3073; Pub. L. 104-66, title I, Sec. 1052(i), Dec. 21, 1995, 109
    Stat. 719.)

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (c)(5). Pub. L. 104-66 inserted first sentence and
    struck out former first sentence which read as follows: "Within 1
    year after October 24, 1992, and every 2 years thereafter, the
    Secretary shall issue a report describing the progress made in
    meeting the program objectives, milestones, and schedules
    established in the management plan."

-End-

-CITE-
    42 USC Sec. 13475                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13475. Fuel cells

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a 5-year program, in accordance with
    sections 13541 and 13542 of this title, on efficient and
    environmentally benign power generation using fuel cells. The
    program may include activities on molten carbonate, solid oxide,
    including tubular, monolithic, and planar technologies, and
    advanced concepts.
    (b) Program goal
      The goal of the program established under subsection (a) of this
    section is the development of cost-effective, efficient, and
    environmentally benign fuel cell systems which will operate on
    fossil fuels in multiple end use sectors.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section $51,555,000 for fiscal year 1993 and
    $56,000,000 for fiscal year 1994.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2115, Oct. 24, 1992, 106 Stat.
    3074.)

-End-

-CITE-
    42 USC Sec. 13476                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13476. Environmental restoration and waste management program

-STATUTE-
    (a) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    fiscal year 1993 $70,000,000 for the Fast Flux Test Facility to
    maintain the operational status of the reactor, such sums to be
    derived from amounts appropriated to the Secretary for the
    environmental restoration and waste management program.
    (b) Long-term missions
      The Secretary shall aggressively pursue the development and
    implementation of long-term missions for the Fast Flux Test
    Facility. Within 6 months after October 24, 1992, the Secretary
    shall submit to the Congress a report on the progress made in
    carrying out this subsection.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2116, Oct. 24, 1992, 106 Stat.
    3075.)

-End-

-CITE-
    42 USC Sec. 13477                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13477. High-temperature superconductivity program

-STATUTE-
    (a) Program
      The Secretary shall carry out a 5-year program, in accordance
    with sections 13541 and 13542 of this title, on high-temperature
    superconducting electric power equipment technologies. Elements of
    the program shall include, but are not limited to - 
        (1) activities that address the development of high-temperature
      superconducting materials that have increased electrical current
      capacity, which shall be the emphasis of the program for the near-
      term;
        (2) the development of prototypes, where appropriate, of the
      major elements of a superconducting electric power system such as
      motors, generators, transmission lines, transformers, and
      magnetic energy storage systems;
        (3) activities that will improve the efficiency of materials
      performance of higher temperatures and at all magnetic field
      orientations;
        (4) development of prototypes based on high-temperature
      superconducting wire, that operate at the highest temperature
      possible, and refrigeration systems using cryogenics such as
      nitrogen;
        (5) activities that will assist the private sector with designs
      for more efficient electric power generation and delivery systems
      which are cost competitive with conventional energy systems; and
        (6) development of prototypes that have application in both the
      commercial and defense sectors.

    The Secretary is also encouraged to expedite government,
    laboratory, industry, and university collaborative agreements under
    existing mechanisms at the Department of Energy in coordination
    with other Federal agencies.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section $21,900,000 for fiscal year 1993 and such
    sums as may be necessary for subsequent fiscal years, to be derived
    from sums authorized under section 13471(c) of this title.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2117, Oct. 24, 1992, 106 Stat.
    3075.)

-End-

-CITE-
    42 USC Sec. 13478                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13478. Electric and magnetic fields research and public
      information dissemination program

-STATUTE-
    (a) Program
      The Secretary shall, in accordance with this section (including
    the agenda developed under subsection (d)(1)(A) of this section)
    and within 2 months after October 24, 1992, establish a
    comprehensive program to - 
        (1) determine whether or not exposure to electric and magnetic
      fields produced by the generation, transmission, and use of
      electric energy affects human health;
        (2) carry out research, development, and demonstration with
      respect to technologies to mitigate any adverse human health
      effects; and
        (3) provide for dissemination of information described in
      subsection (b)(1) of this section to the public.
    (b) Contents
      The program shall provide for - 
        (1) collection, compilation, publication, and dissemination of
      scientifically valid information on - 
          (A) possible human health effects of electric and magnetic
        fields;
          (B) the types and extent of human exposure to electric and
        magnetic fields in various occupational and residential
        settings;
          (C) technologies to measure and characterize electric and
        magnetic fields; and
          (D) methods to assess and manage exposure to electric and
        magnetic fields;

        (2)(A) research on mechanisms by which electric and magnetic
      fields interact with biological systems; and
        (B) epidemiological research on the possible human health
      effects of electric and magnetic fields; and
        (3) research, development, and demonstration with respect to - 
          (A) technologies to improve the measurement and
        characterization of electric and magnetic fields; and
          (B) techniques to assess and manage exposure to electric and
        magnetic fields.
    (c) Role of Director
      (1) Role of Director
        The Secretary of Health and Human Services, acting through the
      Director, shall have sole responsibility under the program for
      research on possible human health effects of electric and
      magnetic fields. The Director may delegate this responsibility to
      the extent the Director determines appropriate.
      (2) Agreement
        Within 6 months after October 24, 1992, the Secretary shall
      enter into an agreement with the Secretary of Health and Human
      Services to carry out, through the Director, the information
      activities under subsection (b)(1)(A) of this section and the
      research under subsection (b)(2) of this section.
      (3) Actions of Director
        The actions of the Director in carrying out research and
      information responsibilities under this section shall not be
      subject to approval by the Secretary.
      (4) Transfer of funds
        The Secretary is authorized, subject to appropriations Acts, to
      transfer funds to the Director to carry out the Director's
      responsibilities under paragraph (2).
      (5) Report
        The Director shall report, by June 1, 1995, and by March 31,
      1998, and as appropriate, to the Interagency Committee
      established under subsection (d) of this section and to Congress
      the findings and conclusions of the Director on the extent to
      which exposure to electric and magnetic fields produced by the
      generation, transmission, or use of electric energy affects human
      health.
    (d) Interagency Committee
      (1) The President shall, within 2 months after October 24, 1992,
    establish the Electric and Magnetic Fields Interagency Committee to
    - 
        (A) develop within 8 months after October 24, 1992, a
      comprehensive agenda for conducting research, development, and
      demonstration under the program, with particular emphasis on
      electric and magnetic fields of the 60 hertz frequency;
        (B) develop recommendations, within 8 months after October 24,
      1992, for guidelines for the coordination of activities of
      Federal agencies engaged in research on human health effects of
      electric and magnetic fields that ensure that such research
      advances the agenda under subparagraph (A) and is not
      unnecessarily duplicative of other research activities;
        (C) develop recommendations, within 8 months after October 24,
      1992, for mechanisms for communication of the results of the
      program to the public, including recommendations on the scope and
      nature of the information to be disseminated; and
        (D) monitor, review and periodically evaluate the program.

      (2)(A) The Interagency Committee shall be composed of 9 members
    with 1 member to be appointed from each of the following:
        (i) The Department of Energy.
        (ii) The National Institute of Environmental Health Sciences.
        (iii) The Environmental Protection Agency.
        (iv) The Department of Defense.
        (v) The Occupational Safety and Health Administration.
        (vi) The National Institute of Standards and Technology.
        (vii) The Department of Transportation.
        (viii) The Rural Electrification Administration.
        (ix) The Federal Energy Regulatory Commission.

      (B) The Interagency Committee shall elect a chairperson from
    among its members who shall be responsible for ensuring that the
    duties of the Interagency Committee are carried out.
      (C) Agencies that have members on the Interagency Committee shall
    provide appropriate staff to carry out the duties of the
    Interagency Committee.
    (e) Advisory Committee
      (1) Not later than 2 months after October 24, 1992, the Secretary
    of Health and Human Services and the Secretary shall establish the
    National Electric and Magnetic Fields Advisory Committee in
    accordance with the Federal Advisory Committee Act [5 App. U.S.C.]
    and this section.
      (2) The Advisory Committee shall make recommendations to the
    Interagency Committee with respect to the duties of the Interagency
    Committee under subsection (d)(1) of this section and advise the
    Secretary and the Director with respect to the design and
    implementation of the program, including preparation of
    solicitations for proposals to conduct research under the program.
      (3) The Advisory Committee shall be composed of 10 members,
    chosen from among experts in possible human health effects of
    electric and magnetic fields, experts in the measurement and
    characterization of electric and magnetic fields, experts in the
    assessment and management of electric and magnetic fields, State
    regulatory agencies, State health agencies, electric utilities,
    electric equipment manufacturers, labor unions and the public. Five
    members shall be chosen by the Secretary of Health and Human
    Services in consultation with the Director, and 5 members shall be
    chosen by the Secretary.
      (4) The Advisory Committee shall elect a chairperson from among
    its members who shall be responsible for ensuring that the duties
    of the Advisory Committee are carried out.
      (5) The Advisory Committee shall terminate not later than
    December 31, 1998.
    (f) Financial assistance
      (1) The Secretary and the Director may provide financial
    assistance and enter into contracts to conduct activities under the
    program.
      (2) The Secretary shall solicit contributions from non-Federal
    sources to offset at least 50 percent of the total funding for all
    activities under the program. The Secretary shall adopt procedures,
    including a mechanism for collecting contributions, that ensures
    that no contributor of non-Federal funds may influence the program.
      (3) The Secretary may not obligate funds under this section in
    any fiscal year unless funds received from non-Federal sources
    under paragraph (2) are available to offset at least 50 percent of
    the appropriations made under subsection (j) of this section for
    such fiscal year.
      (4) Solicitation and selection of proposals
        (A) In general. - Within 15 months after October 24, 1992, and
      as often thereafter as appropriate, the Secretary and the
      Director shall, in consultation with the Interagency Committee,
      solicit and select proposals to conduct activities under the
      program.
        (B) Consultation with advisory committee. - In preparing
      solicitations for proposals to conduct activities, the Secretary
      and the Director shall consult with the Advisory Committee.
        (C) Peer review panels. - Before a proposal to conduct
      activities under the program may be selected by the Secretary or
      the Director, such proposal must be submitted to, and evaluated
      by, at least one scientific and technical peer review panel.
    (g) Reports
      (1) Report upon completion of activity
        Any person who conducts activities under the program shall,
      upon completion of the activity, submit to the National Academy
      of Sciences, the Interagency Committee, and the Advisory
      Committee a report summarizing the activities and results
      thereof.
      (2) Report to Interagency Committee and Advisory Committee
        The Secretary shall enter into appropriate arrangements with
      the National Academy of Sciences under which the Academy shall
      periodically submit to the Interagency Committee and the Advisory
      Committee a report that evaluates the research activities under
      the program. The report shall include recommendations to promote
      the effective transfer of information derived from such research
      projects, including the transfer to representatives of State
      regulatory agencies, State health agencies, electric utilities,
      electrical equipment manufacturers, labor unions, and the public.
      The Secretary shall be responsible for expenses incurred by the
      Academy in connection with the preparation of such reports.
      (3) Report to Congress
        The Interagency Committee, in consultation with the Advisory
      Committee, shall submit to the Secretary and the Congress - 
          (A) not later than December 31, 1995, a report summarizing
        the progress of the research program established under this
        subsection; and
          (B) not later than September 30, 1998, a final report stating
        the Committee's findings and conclusions on the effects, if
        any, of electric and magnetic fields on human health and
        remedial actions, if any, that may be needed to minimize any
        such health effects.
    (h) Conflicts of interest
      The Secretary and the Director shall include conflict of interest
    provisions in any grant or other funding provided, or contract
    entered into, under the research program established under this
    section including provisions - 
        (1) that require any person conducting a project under such
      program to disclose any other source of funding received by the
      person to conduct other related projects, including funding
      received from consulting on issues relating to electric and
      magnetic fields; and
        (2) that prohibit a person who has been awarded a grant or
      contract under this program from receiving compensation beyond
      expenses for testifying in a court of law as an expert on the
      specific research the person is conducting under such grant or
      contract.
    (i) Definitions
      For purposes of this section:
        (1) The term "Advisory Committee" means the National Electric
      and Magnetic Fields Advisory Committee established under
      subsection (e) of this section.
        (2) The term "Interagency Committee" means the Electric and
      Magnetic Fields Interagency Committee established under
      subsection (d) of this section.
        (3) The term "Director" means the Director of the National
      Institute of Environmental Health Sciences.
        (4) The term "program" means the electric and magnetic fields
      research and public information dissemination program established
      in subsection (a) of this section.
        (5) The term "State" means each of the 50 States, the District
      of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
      the Northern Mariana Islands, Guam, the Virgin Islands, American
      Samoa, the Trust Territory of the Pacific Islands, and any other
      commonwealth, territory, or possession of the United States.
    (j) Authorization of appropriations
      (1) General authorization
        There are authorized to be appropriated to the Secretary a
      total of $46,000,000 for the period encompassing fiscal years
      1993 through 1998 to carry out the provisions of this section,
      except that not more than $1,000,000 may be expended in any such
      fiscal year for activities under subsection (b)(1) of this
      section. Any amounts appropriated pursuant to this paragraph
      shall remain available until expended.
      (2) Restrictions on use of funds
        (A) Administrative expenses of certain funding recipients
          Of the total funds provided to any institution under this
        section, the amount of such funds that may be used for the
        administrative indirect costs of the institution may not exceed
        26 percent of the modified direct costs of the project.
        (B) Administrative expenses of the Secretary and the Director
          Of the total amount of funds made available under this
        section for any fiscal year, not more than 10 percent of such
        funds may be used for authorized administrative expenses of the
        Secretary and the Director in carrying out this section.
        (C) Construction and rehabilitation of facilities and equipment
          Funds made available under this section may not be used for
        the construction or rehabilitation of facilities or fixed
        equipment.
    (k) Sense of Congress
      It is the sense of the Congress that remedial action taken by the
    Government on electric and magnetic fields, if and as necessary,
    should be based on, and consistent with, scientifically valid
    research such as the results and findings of the research
    authorized by this Act.
    (l) Sunset provision
      All authority under this section shall expire on December 31,
    1998.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2118, Oct. 24, 1992, 106 Stat.
    3075; Pub. L. 105-23, Sec. 1, July 3, 1997, 111 Stat. 237.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec.
    (e)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.
      This Act, referred to in subsec. (k), is Pub. L. 102-486, Oct.
    24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 13201 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1997 - Subsecs. (c)(5), (e)(5), (g)(3)(B). Pub. L. 105-23, Sec.
    1(1), substituted "1998" for "1997".
      Subsec. (j)(1). Pub. L. 105-23 substituted "$46,000,000" for
    "$65,000,000" and "1998" for "1997".
      Subsec. (l). Pub. L. 105-23, Sec. 1(1), substituted "1998" for
    "1997".

-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-

-CITE-
    42 USC Sec. 13479                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part B - Electricity Generation and Use

-HEAD-
    Sec. 13479. Spark M. Matsunaga Renewable Energy and Ocean
      Technology Center

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) the late Spark M. Matsunaga, United States Senator from
      Hawaii, was a longstanding champion of research and development
      of renewable energy, particularly wind and ocean energy,
      photovoltaics, and hydrogen fuels;
        (2) it was Senator Matsunaga's vision that renewable energy
      could provide a sustained source of non-polluting energy and that
      such forms of alternative energy might ultimately be employed in
      the production of liquid hydrogen as a transportation fuel and
      energy storage medium available as an energy export;
        (3) Senator Matsunaga also believed that research on other
      aspects of renewable energy and ocean resources, such as advanced
      materials, could be crucial to full development of energy storage
      and conversion systems; and
        (4) Keahole Point, Hawaii is particularly well-suited as a site
      to conduct renewable energy and associated marine research.
    (b) Purpose
      It is the purpose of this section to establish the facilities and
    equipment located at Keahole Point, Hawaii as a cooperative
    research and development facility, to be known as the Spark M.
    Matsunaga Renewable Energy and Ocean Technology Center.
    (c) Establishment
      The facilities and equipment located at Keahole Point, Hawaii are
    established as the Spark M. Matsunaga Renewable Energy and Ocean
    Technology Center (in this section referred to as the "Center").
    (d) Administration
      (1) Not later than 180 days after October 24, 1992, the Secretary
    may authorize a cooperative agreement with a qualified research
    institution to administer the Center.
      (2) For the purpose of paragraph (1), a qualified research
    institution is a research institution located in the State of
    Hawaii that has demonstrated competence and will be the lead
    organization in the State in renewable energy and ocean
    technologies.
    (e) Activities
      The Center may carry out research, development, educational, and
    technology transfer activities on - 
        (1) renewable energy;
        (2) energy storage, including the production of hydrogen from
      renewable energy;
        (3) materials applications related to energy and marine
      environments;
        (4) other environmental and ocean research concepts, including
      sea ranching and global climate change; and
        (5) such other matters as the Secretary may direct.
    (f) Matching funds
      To be eligible for Federal funds under this section, the Center
    must provide funding in cash or in kind from non-Federal sources
    for each amount provided by the Secretary.
    (g) Authorization of appropriations
      There is authorized to be appropriated to the Secretary for
    carrying out this section such sums as may be necessary, to be
    derived from sums authorized under section 13471(c) of this title.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2119, Oct. 24, 1992, 106 Stat.
    3080.)

-End-

-CITE-
    42 USC Part C - Advanced Nuclear Reactors                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part C - Advanced Nuclear Reactors

-HEAD-
                    PART C - ADVANCED NUCLEAR REACTORS                

-End-

-CITE-
    42 USC Sec. 13491                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part C - Advanced Nuclear Reactors

-HEAD-
    Sec. 13491. Purposes and definitions

-STATUTE-
    (a) Purposes
      The purposes of this part are - 
        (1) to require the Secretary to carry out civilian nuclear
      programs in a way that will lead toward the commercial
      availability of advanced nuclear reactor technologies; and
        (2) to authorize such activities to further the timely
      availability of advanced nuclear reactor technologies, including
      technologies that utilize standardized designs or exhibit passive
      safety features.
    (b) Definitions
      For purposes of this part - 
        (1) the term "advanced nuclear reactor technologies" means - 
          (A) advanced light water reactors that may be commercially
        available in the near-term, including but not limited to mid-
        sized reactors with passive safety features for the generation
        of commercial electric power from nuclear fission; and
          (B) other advanced nuclear reactor technologies that may
        require prototype demonstration prior to commercial
        availability in the mid- or long-term, including but not
        limited to high-temperature, gas-cooled reactors and liquid
        metal reactors, for the generation of commercial electric power
        from nuclear fission;

        (2) the term "Commission" means the Nuclear Regulatory
      Commission;
        (3) the term "standardized design" means a design for a nuclear
      power plant that may be utilized for a multiple number of units
      or a multiple number of sites; and
        (4) the term "certification" means approval by the Commission
      of a standardized design.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2121, Oct. 24, 1992, 106 Stat.
    3081.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle" meaning subtitle C of title XXI of Pub. L. 102-486, Oct.
    24, 1992, 106 Stat. 3081, which enacted this part and amended
    sections 12003 and 12004 of this title.

-End-

-CITE-
    42 USC Sec. 13492                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part C - Advanced Nuclear Reactors

-HEAD-
    Sec. 13492. Program, goals, and plan

-STATUTE-
    (a) Program direction
      The Secretary shall conduct a program to encourage the deployment
    of advanced nuclear reactor technologies that to the maximum extent
    practicable - 
        (1) are cost effective in comparison to alternative sources of
      commercial electric power of comparable availability and
      reliability, taking into consideration life cycle environmental
      costs;
        (2) facilitate the design, licensing, construction, and
      operation of a nuclear powerplant using a standardized design;
        (3) exhibit enhanced safety features; and
        (4) incorporate features that advance the objectives of the
      Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.].
    (b) Program goals
      The goals of the program established under subsection (a) of this
    section shall include - 
        (1) for the near-term - 
          (A) to facilitate the completion, by September 30, 1996, for
        certification by the Commission, of standardized advanced light
        water reactor technology designs that the Secretary determines
        have the characteristics described in subsection (a)(1) through
        (4) of this section;
          (B) to facilitate the completion of submissions, by September
        30, 1996, for preliminary design approvals by the Commission of
        standardized designs for the modular high-temperature gas-
        cooled reactor technology and the liquid metal reactor
        technology; and
          (C) to evaluate by September 30, 1996, actinide burn
        technology to determine if it can reduce the volume of long-
        lived fission byproducts;

        (2) for the mid-term - 
          (A) to facilitate increased efficiency of enhanced safety,
        advanced light water reactors to produce electric power at the
        lowest cost to the customer;
          (B) to develop advanced reactor concepts that are passively
        safe and environmentally acceptable; and
          (C) to complete necessary research and development on high-
        temperature gas-cooled reactor technology and liquid metal
        reactor technology to support the selection, by September 30,
        1998, of one or both of those technologies as appropriate for
        prototype demonstration; and

        (3) for the long-term, to complete research and development and
      demonstration to support the design of advanced reactor
      technologies capable of providing electric power to a utility
      grid as soon as practicable but no later than the year 2010.
    (c) Program plan
      Within 180 days after October 24, 1992, the Secretary shall
    prepare and submit to the Congress a 5-year program plan to guide
    the activities under this section. The program plan shall include
    schedule milestones, Federal funding requirements, and non-Federal
    cost sharing requirements. In preparing the program plan, the
    Secretary shall take into consideration - 
        (1) the need for, and the potential for future adoption by
      electric utilities or other entities of, advanced nuclear reactor
      technologies that are available, under development, or have the
      potential for being developed, for the generation of energy from
      nuclear fission;
        (2) how the Federal Government, acting through the Secretary,
      can be effective in ensuring the availability of such
      technologies when they are needed;
        (3) how the Federal Government can most effectively cooperate
      with the private sector in the accomplishment of the goals set
      forth in subsection (b) of this section; and
        (4) potential alternative funding sources for carrying out this
      section.

    In preparing the program plan, the Secretary shall consult with
    appropriate representatives of industry, institutions of higher
    education, Federal agencies, including national laboratories, and
    professional and technical societies. The Secretary shall update
    the program plan annually and submit such update to Congress. Each
    such update shall describe any activities that are behind schedule,
    any funding shortfalls, and any other circumstances that might
    affect the ability of the Secretary to meet the goals set forth in
    subsection (b) of this section.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2122, Oct. 24, 1992, 106 Stat.
    3082.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Nuclear Non-Proliferation Act of 1978, referred to in subsec.
    (a)(4), is Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, as amended,
    which is classified principally to chapter 47 (Sec. 3201 et seq.)
    of Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3201 of Title 22 and Tables.

-End-

-CITE-
    42 USC Sec. 13493                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part C - Advanced Nuclear Reactors

-HEAD-
    Sec. 13493. Commercialization of advanced light water reactor
      technology

-STATUTE-
    (a) Certification of designs
      In order to achieve the goal of certification of completed
    standardized designs by the Commission by 1996 as set forth in
    section 13492(b) of this title, the Secretary shall conduct a 5-
    year program of technical and financial assistance to encourage
    the development and submission for certification of advanced light
    water reactor designs which, in the judgment of the Secretary, can
    be certified by the Commission by no later than the end of fiscal
    year 1996.
    (b) First-of-a-kind engineering
      (1) Establishment of program
        The Secretary shall conduct a program of Federal financial and
      technical assistance for the first-of-a-kind engineering design
      of standardized commercial nuclear powerplants which are
      included, as of October 24, 1992, in the Department of Energy's
      program for certification of advanced light water reactor
      designs.
      (2) Selection criteria
        In order to be eligible for assistance under this subsection,
      an entity shall certify to the satisfaction of the Secretary that
      - 
          (A) the entity, or its members, are bona fide entities
        engaged in the design, engineering, manufacture, construction,
        or operation of nuclear reactors;
          (B) the entity, or its members, have the financial resources
        necessary for, and fully intend to pursue the design,
        engineering, manufacture, construction, and operation in the
        United States of nuclear power plants (!1) through completion
        of construction and into operation;

          (C) the design proposed is scheduled for certification by the
        Commission under the Department of Energy's program for
        certification of light water reactor designs; and
          (D) at least 50 percent of the funding for the project shall
        be obtained from non-Federal sources, and a substantial portion
        of that non-Federal funding shall be obtained from utilities or
        entities whose primary purpose is the production of electrical
        power for public consumption.
      (3) Program documents
        The Secretary shall prepare and submit to the Congress a
      program document for each design selected under this subsection,
      specifying goals and objectives, major milestones for achieving
      those goals and objectives, and the work products to be provided
      to the Secretary or made available for inspection.
      (4) Funding limitations
        (A) Before entering into an agreement with an entity under this
      subsection, the Secretary shall establish a cost ceiling for the
      contribution of the Federal Government for the project, and shall
      report such cost ceiling to the Congress.
        (B) No entity shall receive assistance under this subsection
      for a period greater than 4 years.
        (C) The aggregate funding provided by the Secretary for
      projects under this subsection shall not exceed $100,000,000 for
      the period encompassing fiscal years 1993 through 1997.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2123, Oct. 24, 1992, 106 Stat.
    3083.)

-COD-
                               CODIFICATION                           
      Subsec. (b)(5) of this section, which required the Secretary to
    submit annually to Congress a status report on each project
    receiving assistance under subsec. (b), terminated, effective May
    15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
    set out as a note under section 1113 of Title 31, Money and
    Finance. See, also, the last item on page 85 of House Document No.
    103-7.

-FOOTNOTE-
    (!1) So in original. Probably should be "powerplants".

-End-

-CITE-
    42 USC Sec. 13494                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part C - Advanced Nuclear Reactors

-HEAD-
    Sec. 13494. Prototype demonstration of advanced nuclear reactor
      technology

-STATUTE-
    (a) Solicitation of proposals
      Within 3 years after October 24, 1992, the Secretary shall
    solicit proposals for carrying out the preliminary engineering
    design of not more than 2 prototype advanced nuclear reactor
    technologies developed by the Department of Energy, other than
    advanced light water reactor technologies, necessary to support a
    decision on whether to recommend construction of a prototype
    demonstration reactor with the characteristics described in section
    13493(a) of this title. Proposals submitted under this subsection
    shall be for modular design concepts of sufficient size to address
    requirements related to the certification of a standardized design.
    (b) Recommendation to Congress
      (1) Not later than September 30, 1998, the Secretary shall submit
    to Congress recommendations on whether to build one or more
    prototype demonstration reactors under this section. Such
    recommendations shall - 
        (A) specify a preferred technology or technologies;
        (B) include detailed information on milestones for construction
      and operation;
        (C) include an estimate of the funding requirements; and
        (D) specify the extent and type of non-Federal financial
      support anticipated.

    In developing the recommendations under this paragraph, the
    Secretary shall provide for public notice and an opportunity for
    comment, and shall solicit the views of the Commission and other
    parties with technical expertise the Secretary considers useful in
    the development of such recommendations.
      (2) The prototype demonstration program under this section shall
    be carried out to the maximum extent practicable with private
    sector funding. At least 50 percent of the funding for such program
    shall be non-Federal funding. The extent of non-Federal cost
    sharing proposed for any demonstration project shall be a criterion
    for the selection of the project.
    (c) Selection of technology
      Any technology selected by the Secretary for recommendation for
    prototype demonstration under this section shall to the maximum
    extent possible exhibit the characteristics set forth in section
    13493(a) of this title.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2124, Oct. 24, 1992, 106 Stat.
    3084.)

-End-

-CITE-
    42 USC Sec. 13495                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER IX - ENERGY AND ENVIRONMENT
    Part C - Advanced Nuclear Reactors

-HEAD-
    Sec. 13495. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary for
    carrying out this part $212,804,000 for fiscal year 1993 and such
    sums as may be necessary for fiscal year 1994. Amounts authorized
    or otherwise made available for program direction, space reactor
    power systems, advanced radioisotope power systems, and the space
    exploration initiative under nuclear energy research and
    development shall be in addition to the amounts authorized in the
    preceding sentence.

-SOURCE-
    (Pub. L. 102-486, title XXI, Sec. 2126, Oct. 24, 1992, 106 Stat.
    3085.)

-End-

-CITE-
    42 USC SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-
                 SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH             

-End-

-CITE-
    42 USC Sec. 13501                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-
    Sec. 13501. National Advanced Materials Program

-STATUTE-
    (a) Program direction
      The Secretary shall establish a 5-year National Advanced
    Materials Program, in accordance with sections 13541 and 13542 of
    this title. Such program shall foster the commercialization of
    techniques for processing, synthesizing, fabricating, and
    manufacturing advanced materials and associated components. At a
    minimum, the Program shall expedite the private sector deployment
    of advanced materials for use in high performance energy efficient
    and renewable energy technologies in the industrial,
    transportation, and buildings sectors that can foster economic
    growth and competitiveness. The Program shall include field
    demonstrations of sufficient scale and number to prove technical
    and economic feasibility.
    (b) Program plan
      Within 180 days after October 24, 1992, the Secretary, in
    consultation with appropriate representatives of industry,
    institutions of higher education, Department of Energy national
    laboratories, and professional and technical societies, shall
    prepare and submit to the Congress a 5-year program plan to guide
    activities under this section. The Secretary shall biennially
    update and resubmit the program plan to Congress.
    (c) Proposals
      (1) Solicitation
        Within 1 year after October 24, 1992, the Secretary shall
      solicit proposals for conducting activities consistent with the 5-
      year program plan. Such proposals may be submitted by one or
      more parties.
      (2) Contents of proposals
        Proposals submitted under this subsection shall include - 
          (A) an explanation of how the proposal will expedite the
        commercialization of advanced materials in energy efficiency or
        renewable energy in the near-term to mid-term;
          (B) evidence of consideration of whether the unique
        capabilities of Department of Energy national laboratories
        warrants collaboration with such laboratories, and the extent
        of such collaboration proposed;
          (C) a description of the extent to which the proposal
        includes collaboration with relevant industry or other groups
        or organizations; and
          (D) evidence of the ability of the proposers to undertake and
        complete the proposed project.
    (d) General Services Administration demonstration program
      The Secretary, in consultation with the Administrator of General
    Services, shall establish a program to expedite the use, in goods
    and services acquired by the General Services Administration, of
    advanced materials technologies. Such program shall include a
    demonstration of the use of advanced materials technologies as may
    be necessary to establish technical and economic feasibility. The
    Secretary shall transfer funds to the General Services
    Administration for carrying out this subsection.
    (e) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section such sums as may be necessary, to be
    derived for energy efficient applications from section 13451(e) of
    this title and for renewable applications from section 13471(c) of
    this title, including Department of Energy national laboratory
    participation in proposals submitted under subsection (c) of this
    section, and including transferring funds to the General Services
    Administration.

-SOURCE-
    (Pub. L. 102-486, title XXII, Sec. 2201, Oct. 24, 1992, 106 Stat.
    3085.)

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (b) of this section relating to the biennial resubmittal of the
    program plan to Congress, see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and the 1st item on page 86 of House Document No. 103-
    7.

-End-

-CITE-
    42 USC Sec. 13502                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-
    Sec. 13502. National Advanced Manufacturing Technologies Program

-STATUTE-
    (a) Program direction
      The Secretary shall establish a 5-year National Advanced
    Manufacturing Technologies Program, in accordance with sections
    13541 and 13542 of this title. Such program shall foster the
    commercialization of advanced manufacturing technologies to improve
    energy efficiency and productivity in manufacturing. At a minimum,
    the Program shall expedite the private sector deployment of
    advanced manufacturing technologies to improve productivity,
    quality, and control in manufacturing processes that can foster
    economic growth, energy efficiency, and competitiveness. The
    program (!1) shall include field demonstrations of sufficient scale
    and number to prove technical and economic feasibility.

    (b) Program plan
      Within 180 days after October 24, 1992, the Secretary, in
    consultation with appropriate representatives of industry,
    institutions of higher education, Department of Energy national
    laboratories, and professional and technical societies, shall
    prepare and submit to the Congress a 5-year program plan to guide
    activities under this section. The Secretary shall biennially
    update and resubmit the program plan to Congress.
    (c) Proposals
      (1) Solicitation
        Within 1 year after October 24, 1992, the Secretary shall
      solicit proposals for conducting activities consistent with the 5-
      year program plan. Such proposals may be submitted by one or
      more parties.
      (2) Contents of proposals
        Proposals submitted under this subsection shall include - 
          (A) an explanation of how the proposal will expedite the
        commercialization of advanced manufacturing technologies to
        improve energy efficiency in the building, industry, and
        transportation sectors;
          (B) evidence of consideration of whether the unique
        capabilities of Department of Energy national laboratories
        warrants collaboration with such laboratories, and the extent
        of such collaboration proposed;
          (C) a description of the extent to which the proposal
        includes collaboration with relevant industry or other groups
        or organizations; and
          (D) evidence of the ability of the proposers to undertake and
        complete the proposed project.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section such sums as may be necessary, to be
    derived from sums authorized under section 13451(e) of this title,
    including Department of Energy national laboratory participation in
    proposals submitted under subsection (c) of this section.

-SOURCE-
    (Pub. L. 102-486, title XXII, Sec. 2202, Oct. 24, 1992, 106 Stat.
    3086.)

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (b) of this section relating to the biennial resubmittal of the
    program plan to Congress, see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and the 2nd item on page 86 of House Document No. 103-
    7.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    42 USC Sec. 13503                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-
    Sec. 13503. Supporting research and technical analysis

-STATUTE-
    (a) Basic energy sciences
      (1) Program direction
        The Secretary shall continue to support a vigorous program of
      basic energy sciences to provide basic research support for the
      development of energy technologies. Such program shall focus on
      the efficient production and use of energy, and the expansion of
      our knowledge of materials, chemistry, geology, and other related
      areas of advancing technology development.
      (2) User facilities
        (A) As part of the program referred to in paragraph (1), the
      Secretary shall carry out planning, construction, and operation
      of user facilities to provide special scientific and research
      capabilities, including technical expertise and support as
      appropriate, to serve the research needs of our Nation's
      universities, industry, private laboratories, Federal
      laboratories, and others. Research institutions or individuals
      from other nations shall be accommodated at such user facilities
      in cases where reciprocal accommodations are provided to United
      States research institutions and individuals or where the
      Secretary considers such accommodation to be in the national
      interest.
        (B) The construction of the Advanced Photon Source at the
      Argonne National Laboratory is hereby authorized.
        (C) The Secretary shall not change the user fee practice in
      effect as of October 1, 1991, with respect to user facilities
      unless the Secretary notifies Congress 90 days before the
      effective date of any change.
        (D) The Secretary shall expedite the design for construction of
      the Advanced Neutron Source at the Oak Ridge National Laboratory,
      in order to provide critical research capabilities in support of
      our national research initiatives for advanced materials and
      biotechnology, as well as a broad range of research. Such action
      shall be consistent with the Basic Energy Sciences Advisory
      Committee's Technical Evaluation of accelerator and reactor
      neutron source technologies. Within 90 days after October 24,
      1992, the Secretary shall submit to the Congress a plan for such
      design, including a schedule for construction.
      (3) Cost sharing
        The Secretary shall not require cost sharing for research and
      development pursuant to this subsection, except - 
          (A) as otherwise provided for in cooperative research and
        development agreements or other agreements entered into under
        existing law;
          (B) for fees for user facilities, as determined by the
        Secretary; or
          (C) in the case of specific projects, where the Secretary
        determines that the benefits of such research and development
        accrue to a specific industry or group of industries, in which
        case cost sharing under section 13542 of this title shall
        apply.
    (b) University and science education
      (1) The Secretary shall support programs for improvements and
    upgrading of university research reactors and associated
    instrumentation and equipment. Within 1 year after October 24,
    1992, the Secretary shall submit to the Congress a report on the
    condition and status of university research reactors, which
    includes a 5-year plan for upgrading and improving such facilities,
    instrumentation capabilities, and related equipment.
      (2) The Secretary shall develop a method to evaluate the
    effectiveness of science and mathematics education programs
    provided by the Department of Energy and its laboratories,
    including specific evaluation criteria.
      (3)(A)(i) The Director of the Office of Science shall operate an
    Experimental Program to Stimulate Competitive Research (in this
    paragraph referred to as "EPSCoR") as part of the Department of
    Energy's University and Science Education Programs.
      (ii) The objectives of EPSCoR shall be - 
        (I) to enhance the competitiveness of the peer-review process
      within academic institutions in eligible States; and
        (II) to increase the probability of long-term growth of
      competitive funding to investigators at institutions from
      eligible States.

      (iii) In order to carry out the objectives stated in clause (ii),
    EPSCoR shall provide for activities which may include (but not be
    limited to) competitive research awards and graduate traineeships.
      (iv) EPSCoR shall assist those States that - 
        (I) historically have received relatively little Federal
      research and development funding; and
        (II) have demonstrated a commitment to develop their research
      bases and improve science and engineering research and education
      programs at their universities and colleges.

      (B) For purposes of this paragraph, the term "eligible States"
    means States that received a Department-EPSCoR planning or
    traineeship grant in fiscal year 1991 or fiscal year 1992.
      (C) No more than $5,000,000 of the funds appropriated to EPSCoR
    in any fiscal year, through fiscal year 1997, are authorized to be
    appropriated for graduate traineeships.
    (c) Technology transfer
      The Secretary shall support technology transfer activities
    conducted by the National Laboratories. Within 1 year after October
    24, 1992, the Secretary shall submit to the Congress a report on
    the adequacy of funding for such activities, along with a proposal
    recommending ways to reduce the length of time required to
    consummate cooperative research and development agreements.
    (d) Facilities support for multiprogram energy laboratories
      (1) Facility policy
        The Secretary shall develop and implement a least cost strategy
      for correcting facility problems, closing unneeded facilities,
      making facility modifications, and building new facilities at
      multiprogram energy laboratories.
      (2) Facility plan
        Within 1 year after October 24, 1992, the Secretary shall
      prepare and submit to the Congress a comprehensive plan for
      conducting future facility maintenance, making repairs,
      modifications, and new additions, and constructing new facilities
      at multiprogram energy laboratories. Such plan shall provide for
      facilities work in accordance with the following priorities,
      listed in descending order of priority:
          (A) Providing for the safety and health of employees,
        visitors, and the general public with regard to correcting
        existing structural, mechanical, electrical, and environmental
        deficiencies.
          (B) Providing for the repair and rehabilitation of existing
        facilities to keep them in use and prevent deterioration.
          (C) Providing engineering design and construction services
        for those facilities which require modification or additions in
        order to meet the needs of new or expanded programs.

      Such plan shall include plans for new facilities and facility
      modifications which will be required to meet the Department of
      Energy's changing missions of the twenty-first century, including
      schedules and estimates for implementation, and including a
      section outlining long-term funding requirements consistent with
      anticipated budgets and annual authorization of appropriations.
      Such plan shall address the coordination of modernization and
      consolidation of facilities in order to meet changing mission
      requirements, and shall provide for annual reports to Congress on
      accomplishments, conformance to schedules, commitments, and
      expenditures.
    (e) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    Supporting Research and Technical Analysis, including Basic Energy
    Sciences, Energy Research Analysis, University and Science
    Education, Technology Transfer, Advisory and Oversight Program
    Direction, and Facilities Support for Multiprogram Energy
    Laboratories, $966,804,000 for fiscal year 1993 and such sums as
    may be necessary for fiscal year 1994.

-SOURCE-
    (Pub. L. 102-486, title XXII, Sec. 2203, Oct. 24, 1992, 106 Stat.
    3087; Pub. L. 105-245, title III, Sec. 309(b)(2)(F), Oct. 7, 1998,
    112 Stat. 1853.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(3)(A)(i). Pub. L. 105-245 substituted "Office
    of Science" for "Office of Energy Research".

-End-

-CITE-
    42 USC Sec. 13504                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-
    Sec. 13504. Math and science education program

-STATUTE-
    (a) Program
      The Secretary shall enter into contracts with existing qualified
    entities to conduct science and mathematics education programs that
    supplement the Special Programs for Students from Disadvantaged
    Backgrounds carried out by the Secretary of Education under
    sections 1070d through 1070d-1d of title 20.(!1)

    (b) Purpose
      (1) The purpose of the programs shall be to provide support to
    Federal, State, and private programs designed to promote the
    participation of low-income and first generation college students
    as defined in section 1070d of title 20 (!1) in post-secondary
    science and mathematics education.
      (2) Support activities may include - 
        (A) the development of educational materials;
        (B) the training of teachers and counselors;
        (C) the establishment of student internships;
        (D) the development of seminars on mathematics and science;
        (E) tutoring in mathematics and science;
        (F) academic counseling;
        (G) the development of opportunities for research; and
        (H) such other activities that may promote the participation of
      low-income and first generation college students in post-
      secondary science and mathematics education.
    (c) Support
      (1) In carrying out the purpose of this section, the entities may
    provide support under subsection (b)(2) of this section to - 
        (A) low-income and first generation college students; and
        (B) institutions of higher education, public and private
      agencies and organizations, and secondary and middle schools that
      principally benefit low-income students.

      (2) The qualified entities shall, to the extent practicable,
    coordinate support activities under this section with the Secretary
    of Education and the Secretary.
    (d) Cooperation with qualified entities
      The Secretary shall cooperate with qualified entities and, to the
    extent practicable, make available to the entities such personnel,
    facilities, and other resources of the Department of Energy as may
    be necessary to carry out the duties of the entities.
    (e) Report
      Not later than October 1 of each year, the entities shall report
    to the Secretary, the Secretary of Education, and the Congress on -
    
        (1) progress made to promote the participation of low-income
      and first generation college students in post-secondary science
      and mathematics education by - 
          (A) the qualified entities;
          (B) other mathematics and science education programs of the
        Department of Energy; and
          (C) the Special Programs for Students from Disadvantaged
        Backgrounds of the Department of Education; and

        (2) recommendations for such additional actions as may be
      needed to promote the participation of low-income students in
      post-secondary science and mathematics education.
    (f) Effect on existing programs
      The programs in this section shall supplement and be developed in
    cooperation with the current mathematics and science education
    programs of the Department of Energy and the Department of
    Education but shall not supplant them.
    (g) "Qualified entity" defined
      For purposes of this section, the term "qualified entity" means a
    nonprofit corporation, association, or institution that has
    demonstrated special knowledge of, and experience with, the
    education of low-income and first generation college students and
    whose primary mission is the operation of national programs that
    focus on low-income students and provide training and other
    services to educators.
    (h) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary, to be derived from section 13503(e) of this title and
    the Environmental Restoration and Waste Management program, to
    carry out the purposes of this section.

-SOURCE-
    (Pub. L. 102-486, title XXII, Sec. 2204, Oct. 24, 1992, 106 Stat.
    3089.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1070d through 1070d-1d of title 20, referred to in
    subsec. (a), and section 1070d of title 20, referred to in subsec.
    (b)(1), were repealed by Pub. L. 102-325, title IV, Sec. 402(a)(1),
    July 23, 1992, 106 Stat. 482.

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 13505                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-
    Sec. 13505. Integration of research and development

-STATUTE-
      Within 180 days after October 24, 1992, the Secretary, in
    consultation with appropriate representatives of industry,
    institutions of higher education, Department of Energy national
    laboratories, and professional and technical societies, shall
    prepare and submit to Congress a 5-year program plan for improving
    the integration of basic energy research programs with other energy
    programs within the Department of Energy. Such program plan shall
    include - 
        (1) an evaluation of current procedures and mechanisms used to
      achieve such integration;
        (2) an assessment of the role that the Department of Energy
      national laboratories play in such integration;
        (3) an identification and evaluation of models that could
      enhance such integration;
        (4) an identification and evaluation of new programs,
      mechanisms, and related policy options that could improve the
      integrating process, including - 
          (A) set aside funding for matching or leveraging basic and
        applied programs;
          (B) more formal linkages; and
          (C) program coordination;

        (5) recommendations for expanded research and development and
      new technology areas; and
        (6) budget estimates for activities under this section.

-SOURCE-
    (Pub. L. 102-486, title XXII, Sec. 2205, Oct. 24, 1992, 106 Stat.
    3091.)

-End-

-CITE-
    42 USC Sec. 13506                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-
    Sec. 13506. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "advanced manufacturing technology" means
      processes, equipment, techniques, practices, and capabilities
      that are applied for the purpose of - 
          (A) improving the productivity, quality, or energy efficiency
        of the design, development, testing, or manufacture of a
        product; or
          (B) expanding the technical capability to design, develop,
        test, or manufacture a product that is fundamentally different
        in character from existing products and that will result in
        improved energy efficiency;

        (2) the term "advanced materials" means materials that are
      processed, synthesized, fabricated, and manufactured to develop
      high performance properties that exceed the corresponding
      properties of conventional materials for structural, electronic,
      magnetic, or photonic applications, or for joining, welding,
      bonding, or packaging components into complex assemblies,
      including - 
          (A) advanced monolithic materials such as metals, ceramics,
        and polymers;
          (B) advanced composite materials such as metal matrix
        (including intermetallics), polymer matrix, ceramic matrix,
        continuous fiber ceramic composite, and carbon matrix
        composites; and
          (C) advanced electronic, magnetic, and photonic materials,
        including superconducting, semiconductor, electrooptic,
        magnetooptic, thin-film, and special purpose coating materials
        used in technologies for energy efficiency, renewable energy,
        or electric power applications; and

        (3) the term "United States" means the 50 States of the United
      States, the District of Columbia, the Commonwealth of Puerto
      Rico, the United States Virgin Islands, Guam, the Northern
      Mariana Islands, and any other territory or possession of the
      United States.

-SOURCE-
    (Pub. L. 102-486, title XXII, Sec. 2206, Oct. 24, 1992, 106 Stat.
    3091.)

-End-

-CITE-
    42 USC SUBCHAPTER XI - POLICY AND ADMINISTRATIVE
           PROVISIONS                                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-
           SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS       

-End-

-CITE-
    42 USC Sec. 13521                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 13521. Policy on major construction projects

-STATUTE-
    (a) Report and management plan
      The Secretary shall submit to the Congress a report and
    management plan for any major construction project involving
    $100,000,000 or more, prior to the expenditure of those funds.
    (b) Congressional review
      Expenditure of funds for a project described in subsection (a) of
    this section may be made after a period of 30 calendar days (not
    including any day on which either House of Congress is not in
    session because of adjournment of more than 3 calendar days prior
    to a day certain) has passed after receipt of the report and
    management plan by Congress.

-SOURCE-
    (Pub. L. 102-486, title XXIII, Sec. 2301, Oct. 24, 1992, 106 Stat.
    3092.)

-End-

-CITE-
    42 USC Sec. 13522                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 13522. Energy Research, Development, Demonstration, and
      Commercial Application Advisory Board

-STATUTE-
    (a) Establishment
      The Secretary shall establish an Energy Research, Development,
    Demonstration, and Commercial Application Advisory Board (hereafter
    in this section referred to as the "Advisory Board").
    (b) Responsibilities
      The Advisory Board shall provide impartial technical advice to
    the Secretary to assist in the development of energy research,
    development, demonstration, and commercial application plans and
    reports under sections 5905 and 5914 (!1) of this title, under
    section 7321 of this title, and as otherwise provided in
    subchapters VIII through XI of this chapter. The Advisory Board
    shall also periodically review such plans and reports and their
    implementation in relation to the goals stated in section 13401 of
    this title, and report the results of such review to the Secretary
    and the Congress. Such report shall be included as part of the
    report required under section 5914 (!1) of this title.

    (c) Use of existing advisory board
      The Secretary may use an existing advisory board to carry out the
    responsibilities described in subsection (b) of this section.

-SOURCE-
    (Pub. L. 102-486, title XXIII, Sec. 2302, Oct. 24, 1992, 106 Stat.
    3092.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapters VIII through XI of this chapter, referred to in
    subsec. (b), was in the original "titles XX through XXIII of this
    Act", meaning titles XX through XXIII of Pub. L. 102-486, Oct. 24,
    1992, 106 Stat. 3057-3092, which enacted subchapters VIII through
    XI of this chapter and amended sections 5103, 5107, 5108, 5110,
    5307, 5905, 12003, 12004, and 12006 of this title.
      Section 5914 of this title, referred to in subsec. (b), was
    omitted from the Code.

-MISC1-
                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards established after Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a board
    established by the President or an officer of the Federal
    Government, such board is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a board
    established by Congress, its duration is otherwise provided by law.
    See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
    776, set out in the Appendix to Title 5, Government Organization
    and Employees.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 13523                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 13523. Management plan

-STATUTE-
    (a) Plan preparation
      The Secretary, in consultation with the Advisory Board
    established under section 13522 of this title, shall prepare a
    management plan for the conduct of research, development,
    demonstration, and commercial application of energy technologies
    that is consistent with the goals stated in section 13401 of this
    title.
    (b) Contents of plan
      The management plan under subsection (a) of this section shall
    provide for - 
        (1) investigation of promising energy and energy efficiency
      resource technologies that have been identified as potentially
      significant future contributors to national energy security;
        (2) development of energy and energy efficiency resource
      technologies that have the potential to reduce energy supply
      vulnerability, and to minimize adverse impacts on the
      environment, the global climate, and the economy; and
        (3) creation of opportunities for export of energy and energy
      efficiency resource technologies from the United States that can
      enhance the Nation's competitiveness.
    (c) Energy technology inventory and status report
      As part of the management plan, the Secretary, with the advice of
    the Advisory Board established under section 13522 of this title,
    shall develop an inventory and status report of technologies to
    enhance energy supply and to improve the efficiency of energy end
    uses. The inventory and status report shall include fossil,
    renewable, nuclear, and energy conservation technologies which have
    not yet achieved the status of fully reliable and cost-competitive
    commercial availability, but which the Secretary projects may
    become available with additional research, development, and
    demonstration. The inventory and status report shall provide, for
    each technology - 
        (1) an assessment of its - 
          (A) degree of technological maturity; and
          (B) principal research, development, and demonstration
        issues, including - 
            (i) the barriers posed by capital, operating, and
          maintenance costs;
            (ii) technical performance; and
            (iii) potential environmental impacts;

        (2) the projected time frame for commercial availability,
      specifying at a minimum whether the technology will be
      commercially available in the near-term, mid-term, or long-term,
      whether there are too many uncertainties to project availability,
      or whether it is unlikely that the technology will ever be
      commercial; and
        (3) a projection of the future cost-competitiveness of the
      technology in comparison with alternative technologies to provide
      the same energy service.
    (d) Public comment
      The Secretary shall publish the proposed management plan for a
    written public comment period of at least 90 days. The Secretary
    shall consider such comments and include a summary thereof in the
    management plan.
    (e) Plan submission
      Within one year after October 24, 1992, the Secretary shall
    submit the first management plan under this section to Congress.
    Thereafter, the Secretary shall submit a revised management plan
    biennially, at the time of submittal of the President's annual
    budget submission to the Congress.

-SOURCE-
    (Pub. L. 102-486, title XXIII, Sec. 2304, Oct. 24, 1992, 106 Stat.
    3093.)

-End-

-CITE-
    42 USC Sec. 13524                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 13524. Costs related to decommissioning and storage and
      disposal of nuclear waste

-STATUTE-
    (a) Award of contracts
      (1) Prime contractors
        In awarding contracts to perform nuclear hot cell services, the
      Secretary, in evaluating bids for such contracts, shall exclude
      from consideration costs related to the decommissioning of
      nuclear facilities or the storage and disposal of nuclear waste,
      if - 
          (A) one or more of the parties bidding to perform such
        services is a United States company that is subject to such
        costs; and
          (B) one or more of the parties bidding to perform such
        services is a foreign company that is not subject to comparable
        costs.
      (2) Subcontractors
        Any person awarded a contract subject to the restrictions
      described in paragraph (1) who subcontracts with a person to
      perform the services described in such paragraph shall be subject
      to the same restrictions in evaluating bids among potential
      subcontractors, as the Secretary was subject to in evaluating
      bids among prime contractors.
    (b) Issuance of regulations
      The Secretary shall issue regulations not later than 90 days
    after October 24, 1992, to carry out the requirements of subsection
    (a) of this section.
    (c) Definitions
      As used in this section - 
        (1) the term "costs related to decommissioning of nuclear
      facilities" means any cost associated with the compliance with
      regulatory requirements governing the decommissioning of nuclear
      facilities licensed by the Nuclear Regulatory Commission;
        (2) the term "costs related to storage and disposal of nuclear
      waste" means any costs, whether required by regulation or
      incurred as a matter of prudent business practice, associated
      with the storage or disposal of nuclear waste;
        (3) the term "nuclear hot cell services" means services related
      to the examination of, or performance of various operations on,
      nuclear fuel rods, control assemblies, or other components that
      are emitting large quantities of ionizing radiation; and
        (4) the term "nuclear waste" means any radioactive waste
      material subject to regulation by the Nuclear Regulatory
      Commission or the Department of Energy.

-SOURCE-
    (Pub. L. 102-486, title XXIII, Sec. 2305, Oct. 24, 1992, 106 Stat.
    3094.)

-End-

-CITE-
    42 USC Sec. 13525                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 13525. Limits on participation by companies

-STATUTE-
      A company shall be eligible to receive financial assistance under
    subchapters VIII through XI of this chapter only if - 
        (1) the Secretary finds that the company's participation in any
      program under such subchapters would be in the economic interest
      of the United States, as evidenced by investments in the United
      States in research, development, and manufacturing (including,
      for example, the manufacture of major components or subassemblies
      in the United States); significant contributions to employment in
      the United States; an agreement with respect to any technology
      arising from assistance provided under this section to promote
      the manufacture within the United States of products resulting
      from that technology (taking into account the goals of promoting
      the competitiveness of United States industry), and to procure
      parts and materials from competitive suppliers; and
        (2) either - 
          (A) the company is a United States-owned company; or
          (B) the Secretary finds that the company is incorporated in
        the United States and has a parent company which is
        incorporated in a country which affords to United States-owned
        companies opportunities, comparable to those afforded to any
        other company, to participate in any joint venture similar to
        those authorized under this Act; affords to United States-owned
        companies local investment opportunities comparable to those
        afforded to any other company; and affords adequate and
        effective protection for the intellectual property rights of
        United States-owned companies.

-SOURCE-
    (Pub. L. 102-486, title XXIII, Sec. 2306, Oct. 24, 1992, 106 Stat.
    3095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapters VIII through XI of this chapter, referred to in text,
    was in the original "titles XX through XXIII of this Act", meaning
    titles XX through XXIII of Pub. L. 102-486, Oct. 24, 1992, 106
    Stat. 3057-3092, which enacted subchapters VIII through XI of this
    chapter and amended sections 5103, 5107, 5108, 5110, 5307, 5905,
    12003, 12004, and 12006 of this title.
      This Act, referred to in par. (2)(B), is Pub. L. 102-486, Oct.
    24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 13201 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 13526                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 13526. Uncosted obligations

-STATUTE-
    (a) Report
      Along with the submission of each of the President's annual
    budget requests to Congress, the Secretary shall submit to Congress
    a report which - 
        (1) identifies the amount of Department of Energy funds that
      were, as of the end of the previous fiscal year - 
          (A) committed uncosted obligations; and
          (B) uncommitted uncosted obligations;

        (2) specifically describes the purposes for which all such
      funds are intended; and
        (3) explains the effect that information contained in the
      report has had on the annual budget request for the Department of
      Energy being simultaneously submitted.
    (b) Definitions
      Within 90 days after October 24, 1992, the Secretary shall submit
    a report to the Congress containing definitions of the terms
    "uncosted obligation", "committed uncosted obligation", and
    "uncommitted uncosted obligation" for purposes of reports to be
    submitted under subsection (a) of this section.

-SOURCE-
    (Pub. L. 102-486, title XXIII, Sec. 2307, Oct. 24, 1992, 106 Stat.
    3096.)

-End-

-CITE-
    42 USC SUBCHAPTER XII - MISCELLANEOUS                       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS

-HEAD-
                      SUBCHAPTER XII - MISCELLANEOUS                  

-End-

-CITE-
    42 USC Part A - General Provisions                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part A - General Provisions

-HEAD-
                        PART A - GENERAL PROVISIONS                    

-End-

-CITE-
    42 USC Sec. 13541                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part A - General Provisions

-HEAD-
    Sec. 13541. Research, development, demonstration, and commercial
      application activities

-STATUTE-
    (a) Research, development, and demonstration
      (1) Except as otherwise provided in this Act, research,
    development, and demonstration activities under this Act may be
    carried out under the procedures of the Federal Nonnuclear Research
    and Development Act of 1974 (42 U.S.C. 5901-5920), the Atomic
    Energy Act of 1954 (42 U.S.C. 2011 et seq.), or any other Act under
    which the Secretary is authorized to carry out such activities, but
    only to the extent the Secretary is authorized to carry out such
    activities under each such Act. An objective of any demonstration
    program under this Act shall be to determine the technical and
    commercial feasibility of energy technologies.
      (2) Except as otherwise provided in this Act, in carrying out
    research, development, and demonstration programs and activities
    under this Act, the Secretary may use, to the extent authorized
    under applicable provisions of law, contracts, cooperative
    agreements, cooperative research and development agreements under
    the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C.
    3701 et seq.], grants, joint ventures, and any other form of
    agreement available to the Secretary.
    (b) Commercial application
      Except as otherwise provided in this Act, in carrying out
    commercial application programs and commercial application
    activities under this Act, the Secretary may use, to the extent
    authorized under applicable provisions of law, contracts,
    cooperative agreements, cooperative research and development
    agreements under the Stevenson-Wydler Technology Innovation Act of
    1980 [15 U.S.C. 3701 et seq.], grants, joint ventures, and any
    other form of agreement available to the Secretary. An objective of
    any commercial application program under this Act shall be to
    accelerate the transition of technologies from the research and
    development stage.
    (c) "Joint venture" defined
      For purposes of this section, the term "joint venture" has the
    meaning given the term "joint research and development venture"
    under section 4301(a)(6) and (b) of title 15, except that such term
    may apply under this section to research, development,
    demonstration, and commercial application joint ventures.
    (d) Protection of information
      Section 12(c)(7) of the Stevenson-Wydler Technology Innovation
    Act of 1980 [15 U.S.C. 3710a(c)(7)], relating to the protection of
    information, shall apply to research, development, demonstration,
    and commercial application programs and activities under this Act.
    (e) Guidelines and procedures
      The Secretary shall provide guidelines and procedures for the
    transition, where appropriate, of energy technologies from research
    through development and demonstration under subsection (a) of this
    section to commercial application under subsection (b) of this
    section. Nothing in this section shall preclude the Secretary from -
     
        (1) entering into a contract, cooperative agreement,
      cooperative research and development agreement under the
      Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C.
      3701 et seq.], grant, joint venture, or any other form of
      agreement available to the Secretary under this section that
      relates to research, development, demonstration, and commercial
      application; or
        (2) extending a contract, cooperative agreement, cooperative
      research and development agreement under the Stevenson-Wydler
      Technology Innovation Act of 1980, grant, joint venture, or any
      other form of agreement available to the Secretary that relates
      to research, development, and demonstration to cover commercial
      application.
    (f) Application of section
      This section shall not apply to any contract, cooperative
    agreement, cooperative research and development agreement under the
    Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701
    et seq.], grant, joint venture, or any other form of agreement
    available to the Secretary that is in effect as of October 24,
    1992.

-SOURCE-
    (Pub. L. 102-486, title XXX, Sec. 3001, Oct. 24, 1992, 106 Stat.
    3126.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a), (b), and (d), is Pub. L.
    102-486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy
    Act of 1992. For complete classification of this Act to the Code,
    see Short Title note set out under section 13201 of this title and
    Tables.
      The Federal Nonnuclear Research and Development Act of 1974,
    referred to in subsec. (a)(1), probably means the Federal
    Nonnuclear Energy Research and Development Act of 1974, Pub. L. 93-
    577, Dec. 31, 1974, 88 Stat. 1878, as amended, which is classified
    generally to chapter 74 (Sec. 5901 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 5901 of this title and Tables.
      The Atomic Energy Act of 1954, referred to in subsec. (a)(1), is
    act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
    Sec. 1, 68 Stat. 921, and amended, which is classified generally to
    chapter 23 (Sec. 2011 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2011 of this title and Tables.
      The Stevenson-Wydler Technology Innovation Act of 1980, referred
    to in subsecs. (a)(2), (b), (e)(1), (2), and (f), is Pub. L. 96-
    480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified
    generally to chapter 63 (Sec. 3701 et seq.) of Title 15, Commerce
    and Trade. For complete classification of this Act to the Code, see
    Short Title note set out under section 3701 of Title 15 and Tables.

-End-

-CITE-
    42 USC Sec. 13542                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part A - General Provisions

-HEAD-
    Sec. 13542. Cost sharing

-STATUTE-
    (a) Research and development
      Except as otherwise provided in this Act, for research and
    development programs carried out under this Act, the Secretary
    shall require a commitment from non-Federal sources of at least 20
    percent of the cost of the project. The Secretary may reduce or
    eliminate the non-Federal requirement under this subsection if the
    Secretary determines that the research and development is of a
    basic or fundamental nature.
    (b) Demonstration and commercial application
      Except as otherwise provided in this Act, the Secretary shall
    require at least 50 percent of the costs directly and specifically
    related to any demonstration or commercial application project
    under this Act to be provided from non-Federal sources. The
    Secretary may reduce the non-Federal requirement under this
    subsection if the Secretary determines that the reduction is
    necessary and appropriate considering the technological risks
    involved in the project and is necessary to meet the objectives of
    this Act.
    (c) Calculation of amount
      In calculating the amount of the non-Federal commitment under
    paragraph (1) or (2), the Secretary shall include cash, personnel,
    services, equipment, and other resources.
    (d) Tennessee Valley Authority
      Funds derived by the Tennessee Valley Authority from its power
    program may be used for all or part of any cost sharing
    requirements under this section, except to the extent that such
    funds are provided by annual appropriation Acts.

-SOURCE-
    (Pub. L. 102-486, title XXX, Sec. 3002, Oct. 24, 1992, 106 Stat.
    3127.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a) and (b), is Pub. L. 102-
    486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act
    of 1992. For complete classification of this Act to the Code, see
    Short Title note set out under section 13201 of this title and
    Tables.

-End-

-CITE-
    42 USC Part B - Other Miscellaneous Provisions              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part B - Other Miscellaneous Provisions

-HEAD-
                  PART B - OTHER MISCELLANEOUS PROVISIONS              

-End-

-CITE-
    42 USC Sec. 13551                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part B - Other Miscellaneous Provisions

-HEAD-
    Sec. 13551. Repealed. Pub. L. 104-182, title III, Sec. 301, Aug. 6,
      1996, 110 Stat. 1683

-MISC1-
      Section, Pub. L. 102-486, title XXX, Sec. 3013, Oct. 24, 1992,
    106 Stat. 3128, related to geothermal heat pumps.

-End-

-CITE-
    42 USC Sec. 13552                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part B - Other Miscellaneous Provisions

-HEAD-
    Sec. 13552. Use of energy futures for fuel purchases

-STATUTE-
    (a) Fuel study
      The Secretary shall conduct a study - 
        (1) to ascertain if the use of energy futures and options
      contracts could provide cost-effective protection for Government
      entities (including Government purchases for military purposes
      and for the Strategic Petroleum Reserve) and consumer
      cooperatives (or any organization whose purpose is to purchase
      fuel in bulk) from unanticipated surges in the price of fuel; and
        (2) to ascertain how such Government entities or consumer
      cooperatives may be educated in the prudent use of energy futures
      and options contracts to maximize their purchasing effectiveness,
      protect themselves against unanticipated surges in the price of
      fuel, and minimize fuel costs.
    (b) Pilot program
      The Secretary shall conduct a pilot program, commencing not later
    than 30 days after the transmission of the study required in
    subsection (b) (!1) of this section, to educate such governmental
    entities, consumer cooperatives, or other organizations on the
    prudent and cost-effective use of energy futures and options
    contracts to increase their protection against unanticipated surges
    in the price of fuel and thereby increase the efficiency of their
    fuel purchase or assistance programs.

    (c) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 102-486, title XXX, Sec. 3014, Oct. 24, 1992, 106 Stat.
    3128; Pub. L. 105-362, title IV, Sec. 401(f), Nov. 10, 1998, 112
    Stat. 3282.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (b) of this section, referred to in subsec. (b), was
    repealed and subsec. (c) of this section was redesignated (b) by
    Pub. L. 105-362, title IV, Sec. 401(f), Nov. 10, 1998, 112 Stat.
    3282. See 1998 Amendment note below.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsecs. (b) to (d). Pub. L. 105-362 redesignated subsecs.
    (c) and (d) as (b) and (c), respectively, and struck out heading
    and text of former subsec. (b). Text read as follows: "The
    Secretary, no later than 12 months after October 24, 1992, shall
    transmit the study required in this section to the Committee on
    Energy and Commerce of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 13553                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part B - Other Miscellaneous Provisions

-HEAD-
    Sec. 13553. Energy subsidy study

-STATUTE-
    (a) In general
      The Secretary shall contract with the National Academy of
    Sciences to conduct a study of energy subsidies that - 
        (1) are in effect on October 24, 1992; or
        (2) have been in effect prior to October 24, 1992.
    (b) Report to Congress
      Not later than 18 months after October 24, 1992, the Secretary
    shall transmit to the Congress,(!1) the results of such study to be
    accompanied by recommendations for legislation, if any.

    (c) Contents
      (1) In general
        The study shall identify and quantify the direct and indirect
      subsidies and other legal and institutional factors that
      influence decisions in the marketplace concerning fuels and
      energy technologies.
      (2) Topics for examination
        The study shall examine - 
          (A) fuel and technology choices that are - 
            (i) available on October 24, 1992; or
            (ii) reasonably foreseeable on October 24, 1992;

          (B) production subsidies for the extraction of raw materials;
          (C) subsidies encouraging investment in large capital
        projects;
          (D) indemnification;
          (E) fuel cycle subsidies, including waste disposal;
          (F) government research and development support; and
          (G) other relevant incentives and disincentives.
    (d) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $500,000 for each of the fiscal years 1993 and 1994.

-SOURCE-
    (Pub. L. 102-486, title XXX, Sec. 3015, Oct. 24, 1992, 106 Stat.
    3129.)

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.

-End-

-CITE-
    42 USC Sec. 13554                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part B - Other Miscellaneous Provisions

-HEAD-
    Sec. 13554. Tar sands

-STATUTE-
    (a) Policy
      It is the policy of the United States to promote the development
    and production, by all means consistent with sound engineering,
    economic, and environmental practices, of deposits of tar sands.
    (b) "Tar sands" defined
      (1) For purposes of this section, the term "tar sands" means any
    consolidated or unconsolidated rock (other than coal, oil shale, or
    gilsonite) that either - 
        (A) contains a hydrocarbonaceous material with a gas-free
      viscosity, at original reservoir temperature, greater than 10,000
      centipoise; or
        (B) contains a hydrocarbonaceous material and is produced by
      mining or quarrying.

      (2) Nothing in this section is intended or shall be construed to
    affect in any way the definition of the term tar sands under any
    other provision of Federal law.
    (c) Study
      The Secretary, in consultation with the Secretary of the
    Interior, shall submit a study to the House of Representatives and
    the Committee on Energy and Natural Resources of the Senate within
    one year after October 24, 1992. Such study shall identify and
    evaluate the development potential of sources of tar sands in the
    United States. The study shall also identify and evaluate processes
    for extracting oil from the identified tar sand sources, including
    existing tar sands waste tailings, and evaluate the environmental
    benefits of, and the potential for co-production of minerals and
    metals from, such processes.
    (d) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary for each of the fiscal years 1993 and 1994 to carry out
    this section.

-SOURCE-
    (Pub. L. 102-486, title XXX, Sec. 3016, Oct. 24, 1992, 106 Stat.
    3129.)

-End-

-CITE-
    42 USC Sec. 13555                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part B - Other Miscellaneous Provisions

-HEAD-
    Sec. 13555. Consultative Commission on Western Hemisphere Energy
      and Environment

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) there is growing mutual economic interdependence among the
      countries of the Western Hemisphere;
        (2) energy and environmental issues are intrinsically linked
      and must be considered together when formulating policy on the
      broader issue of sustainable economic development for the Western
      Hemisphere as a whole;
        (3) when developing their respective energy infrastructures,
      countries in the Western Hemisphere must consider existing and
      emerging environmental constraints, and do so in a way that
      results in sustainable long-term economic growth;
        (4) the coordination of respective national energy and
      environmental policies of the governments of the Western
      Hemisphere could be substantially improved through regular
      consultation among these countries;
        (5) the development, production and consumption of energy can
      affect environmental quality, and the environmental consequences
      of energy-related activities are not confined within national
      boundaries, but are regional and global in scope;
        (6) although the Western Hemisphere is richly endowed with
      indigenous energy resources, an insufficient energy supply would
      severely constrain future opportunities for sustainable economic
      development and growth in each of these member countries; and
        (7) the energy markets of the United States are linked with
      those in other countries of the Western Hemisphere and the world.
    (b) "Commission" defined
      For purposes of this section, the term "Commission" means the
    Consultative Commission on Western Hemisphere Energy and
    Environment.
    (c) Negotiations
      The President is authorized to direct the United States
    representative to the Organization of American States to initiate
    negotiations with the Organization of American States for the
    establishment of a Consultative Commission on Western Hemisphere
    Energy and Environment under the auspices of the Organization of
    American States.
    (d) The Commission
      In the course of the negotiations, the following shall be
    pursued:
      (1) Objectives
        The objectives of the Commission shall be - 
          (A) to evaluate from the viewpoint of the Western Hemisphere
        as a whole the energy and environmental situations, trends, and
        policies of the countries of the participating governments
        necessary to support sustainable economic development;
          (B) to recommend to the participating governments actions,
        policies, and institutional arrangements that will enhance
        cooperation and policy coordination among their respective
        countries in the future development and use of indigenous
        energy resources and technologies, and in the future
        development and implementation of measures to protect the
        environment of the Western Hemisphere; and
          (C) to recommend to the participating governments actions and
        policies that will enhance energy and environmental cooperation
        and coordination among the countries of the Western Hemisphere
        and the world.
      (2) Composition of Commission
        The Commission shall include representatives of - 
          (A) the respective foreign energy and environmental
        ministries or departments of the participating governments;
          (B) the parliamentary or legislative bodies with legislative
        responsibilities for energy and environmental matters; and
          (C) other governmental and non-governmental observers
        appointed by the heads of each participating government on the
        basis of their experience and expertise.
      (3) Secretariat
        A small secretariat shall be chosen by the participating
      governments for their expertise in the areas of energy and the
      environment.
      (4) Sunset provision
        The Commission's authority - 
          (A) shall terminate five years from the date of the agreement
        under which it was created; and
          (B) may be extended for a five-year term at the expiration of
        the previous term by agreement of the participating
        governments.
    (e) Report
      The President shall, within one year after October 24, 1992,
    report to the Committee on Energy and Commerce and the Committee on
    Foreign Affairs of the House of Representatives, and to the
    Committee on Energy and Natural Resources and the Committee on
    Foreign Relations of the Senate, on the progress toward the
    establishment of the Commission and achievement of the purposes of
    this section.

-SOURCE-
    (Pub. L. 102-486, title XXX, Sec. 3020, Oct. 24, 1992, 106 Stat.
    3131.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives and Committee on Foreign Affairs of House of
    Representatives treated as referring to Committee on International
    Relations of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress. Committee on Commerce of House of Representatives changed
    to Committee on Energy and Commerce of House of Representatives,
    and jurisdiction over matters relating to securities and exchanges
    and insurance generally transferred to Committee on Financial
    Services of House of Representatives by House Resolution No. 5, One
    Hundred Seventh Congress, Jan. 3, 2001.

-End-

-CITE-
    42 USC Sec. 13556                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part B - Other Miscellaneous Provisions

-HEAD-
    Sec. 13556. Disadvantaged business enterprises

-STATUTE-
    (a) General rule
      To the extent practicable, the head of each agency shall provide
    that the obligation of not less than 10 percent of the total
    combined amounts obligated for contracts and subcontracts by each
    agency under this Act and amendments made by this Act pursuant to
    competitive procedures within the meaning of either the Federal
    Property and Administrative Services Act of 1949 (!1) (41 U.S.C.
    251 et seq.), or chapter 137 of title 10, shall be expended either
    with - 

        (1) small business concerns controlled by socially and
      economically disadvantaged individuals or women;
        (2) historically Black colleges and universities;
        (3) colleges and universities having a student body in which
      more than 20 percent of the students are Hispanic Americans or
      Native Americans; or
        (4) qualified HUBZone small business concerns.
    (b) Definitions
      For purposes of this section, the following definitions shall
    apply:
        (1) The term "small business concern" has the meaning such term
      has under section 632 of title 15. However, for purposes of
      contracts and subcontracts requiring engineering services the
      applicable size standard shall be that established for military
      and aerospace equipment and military weapons.
        (2) The term "socially and economically disadvantaged
      individuals" has the meaning such term has under section 637(d)
      of title 15 and relevant subcontracting regulations promulgated
      pursuant thereto.
        (3) The term "qualified HUBZone small business concern" has the
      meaning given that term in section 632(p) of title 15.

-SOURCE-
    (Pub. L. 102-486, title XXX, Sec. 3021, Oct. 24, 1992, 106 Stat.
    3133; Pub. L. 105-135, title VI, Sec. 604(g), Dec. 2, 1997, 111
    Stat. 2634.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 102-486, Oct.
    24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 13201 of this title and Tables.
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.
    377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works.

-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a)(4). Pub. L. 105-135, Sec. 604(g)(1), added
    par. (4).
      Subsec. (b)(3). Pub. L. 105-135, Sec. 604(g)(2), added par. (3).

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of Title
    15, Commerce and Trade.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 13557                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XII - MISCELLANEOUS
    Part B - Other Miscellaneous Provisions

-HEAD-
    Sec. 13557. Sense of Congress on risk assessments

-STATUTE-
      It is the sense of Congress that Federal agencies conducting
    assessments of risks to human health and the environment from
    energy technology, production, transport, transmission,
    distribution, storage, use, or conservation activities shall use
    sound and objective scientific practices in assessing such risks,
    shall consider the best available science (including peer reviewed
    studies), and shall include a description of the weight of the
    scientific evidence concerning such risks.

-SOURCE-
    (Pub. L. 102-486, title XXX, Sec. 3022, as added Pub. L. 109-58,
    title XIV, Sec. 1401, Aug. 8, 2005, 119 Stat. 1061.)

-End-

-CITE-
    42 USC SUBCHAPTER XIII - CLEAN AIR COAL PROGRAM             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XIII - CLEAN AIR COAL PROGRAM

-HEAD-
                 SUBCHAPTER XIII - CLEAN AIR COAL PROGRAM             

-End-

-CITE-
    42 USC Sec. 13571                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XIII - CLEAN AIR COAL PROGRAM

-HEAD-
    Sec. 13571. Purposes

-STATUTE-
      The purposes of this subchapter are to - 
        (1) promote national energy policy and energy security,
      diversity, and economic competitiveness benefits that result from
      the increased use of coal;
        (2) mitigate financial risks, reduce the cost of clean coal
      generation, and increase the marketplace acceptance of clean coal
      generation and pollution control equipment and processes; and
        (3) facilitate the environmental performance of clean coal
      generation.

-SOURCE-
    (Pub. L. 102-486, title XXXI, Sec. 3101, as added Pub. L. 109-58,
    title IV, Sec. 421(a), Aug. 8, 2005, 119 Stat. 757.)

-End-

-CITE-
    42 USC Sec. 13572                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XIII - CLEAN AIR COAL PROGRAM

-HEAD-
    Sec. 13572. Authorization of program

-STATUTE-
    (a) In general
      The Secretary shall carry out a program of financial assistance
    to - 
        (1) facilitate the production and generation of coal-based
      power, through the deployment of clean coal electric generating
      equipment and processes that, compared to equipment or processes
      that are in operation on a full scale - 
          (A) improve - 
            (i) energy efficiency; or
            (ii) environmental performance consistent with relevant
          Federal and State clean air requirements, including those
          promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.);
          and

          (B) are not yet cost competitive; and

        (2) facilitate the utilization of existing coal-based
      electricity generation plants through projects that - 
          (A) deploy advanced air pollution control equipment and
        processes; and
          (B) are designed to voluntarily enhance environmental
        performance above current applicable obligations under the
        Clean Air Act and State implementation efforts pursuant to such
        Act.
    (b) Financial criteria
      As determined by the Secretary for a particular project,
    financial assistance under this subchapter shall be in the form of -
     
        (1) cost-sharing of an appropriate percentage of the total
      project cost, not to exceed 50 percent as calculated under
      section 16352 of this title; or
        (2) financial assistance, including grants, cooperative
      agreements, or loans as authorized under this Act or other
      statutory authority of the Secretary.

-SOURCE-
    (Pub. L. 102-486, title XXXI, Sec. 3102, as added Pub. L. 109-58,
    title IV, Sec. 421(a), Aug. 8, 2005, 119 Stat. 757.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (a)(1)(A)(ii), (2)(B),
    is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
    classified generally to chapter 85 (Sec. 7401 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 7401 of this title and
    Tables.
      This Act, referred to in subsec. (b)(2), is Pub. L. 102-486, Oct.
    24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 13201 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 13573                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XIII - CLEAN AIR COAL PROGRAM

-HEAD-
    Sec. 13573. Generation projects

-STATUTE-
    (a) Eligible projects
      Projects supported under section 13572(a)(1) of this title may
    include - 
        (1) equipment or processes previously supported by a Department
      of Energy program;
        (2) advanced combustion equipment and processes that the
      Secretary determines will be cost-effective and could
      substantially contribute to meeting environmental or energy
      needs, including gasification, gasification fuel cells,
      gasification coproduction, oxidation combustion techniques, ultra-
      supercritical boilers, and chemical looping; and
        (3) hybrid gasification/combustion systems, including systems
      integrating fuel cells with gasification or combustion units.
    (b) Criteria
      The Secretary shall establish criteria for the selection of
    generation projects under section 13572(a)(1) of this title. The
    Secretary may modify the criteria as appropriate to reflect
    improvements in equipment, except that the criteria shall not be
    modified to be less stringent. The selection criteria shall include
    - 
        (1) prioritization of projects whose installation is likely to
      result in significant air quality improvements in nonattainment
      air quality areas;
        (2) prioritization of projects whose installation is likely to
      result in lower emission rates of pollution;
        (3) prioritization of projects that result in the repowering or
      replacement of older, less efficient units;
        (4) documented broad interest in the procurement of the
      equipment and utilization of the processes used in the projects
      by owners or operators of facilities for electricity generation;
        (5) equipment and processes beginning in 2006 through 2011 that
      are projected to achieve a thermal efficiency of - 
          (A) 40 percent for coal of more than 9,000 Btu per pound
        based on higher heating values;
          (B) 38 percent for coal of 7,000 to 9,000 Btu per pound
        passed on higher heating values; and
          (C) 36 percent for coal of less than 7,000 Btu per pound
        based on higher heating values;

      except that energy used for coproduction or cogeneration shall
      not be counted in calculating the thermal efficiency under this
      paragraph; and
        (6) equipment and processes beginning in 2012 and 2013 that are
      projected to achieve a thermal efficiency of - 
          (A) 45 percent for coal of more than 9,000 Btu per pound
        based on higher heating values;
          (B) 44 percent for coal of 7,000 to 9,000 Btu per pound
        passed on higher heating values; and
          (C) 40 percent for coal of less than 7,000 Btu per pound
        based on higher heating values;

      except that energy used for coproduction or cogeneration shall
      not be counted in calculating the thermal efficiency under this
      paragraph.
    (c) Program balance and priority
      In carrying out the program under section 13572(a)(1) of this
    title, the Secretary shall ensure, to the extent practicable, that -
     
        (1) between 25 percent and 75 percent of the projects supported
      are for the sole purpose of electrical generation; and
        (2) priority is given to projects that use electrical
      generation equipment and processes that have been developed and
      demonstrated and applied in actual production of electricity, but
      are not yet cost-competitive, and that achieve greater efficiency
      and environmental performance.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out section 13572(a)(1) of this title - 
        (1) $250,000,000 for fiscal year 2007;
        (2) $350,000,000 for fiscal year 2008;
        (3) $400,000,000 for each of fiscal years 2009 through 2012;
      and
        (4) $300,000,000 for fiscal year 2013.
    (e) Applicability
      No technology, or level of emission reduction, shall be treated
    as adequately demonstrated for purpose (!1) of section 7411 of this
    title, achievable for purposes of section 7479 of this title, or
    achievable in practice for purposes of section 7501 of this title
    solely by reason of the use of such technology, or the achievement
    of such emission reduction, by one or more facilities receiving
    assistance under section 13572(a)(1) of this title.

-SOURCE-
    (Pub. L. 102-486, title XXXI, Sec. 3103, as added Pub. L. 109-58,
    title IV, Sec. 421(a), Aug. 8, 2005, 119 Stat. 758.)

-FOOTNOTE-
    (!1) So in original. Probably should be "purposes".

-End-

-CITE-
    42 USC Sec. 13574                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 134 - ENERGY POLICY
    SUBCHAPTER XIII - CLEAN AIR COAL PROGRAM

-HEAD-
    Sec. 13574. Air quality enhancement program

-STATUTE-
    (a) Eligible projects
      Projects supported under section 13572(a)(2) of this title shall -
     
        (1) utilize technologies that meet relevant Federal and State
      clean air requirements applicable to the unit or facility,
      including being adequately demonstrated for purposes of section
      7411 of this title, achievable for purposes of section 7479 of
      this title, or achievable in practice for purposes of section
      7501 of this title; or
        (2) utilize equipment or processes that exceed relevant Federal
      or State clean air requirements applicable to the unit or
      facilities included in the projects by achieving greater
      efficiency or environmental performance.
    (b) Priority in project selection
      In making an award under section 13572(a)(2) of this title, the
    Secretary shall give priority to - 
        (1) projects whose installation is likely to result in
      significant air quality improvements in nonattainment air quality
      areas or substantially reduce the emission level of criteria
      pollutants and mercury air emissions;
        (2) projects for pollution control that result in the
      mitigation or collection of more than 1 pollutant; and
        (3) projects designed to allow the use of the waste byproducts
      or other byproducts of the equipment.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Secretary to carry
    out section 13572(a)(2) of this title - 
        (1) $300,000,000 for fiscal year 2007;
        (2) $100,000,000 for fiscal year 2008;
        (3) $40,000,000 for fiscal year 2009;
        (4) $30,000,000 for fiscal year 2010; and
        (5) $30,000,000 for fiscal year 2011.
    (d) Applicability
      No technology, or level of emission reduction under subsection
    (a)(2) of this section shall be treated as adequately demonstrated
    for purpose of Section (!1) 7411 of this title, achievable for
    purposes of section 7479 of this title, or achievable in practice
    for purposes of section 7501 of this title solely by reason of the
    use of such technology, or the achievement of such emission
    reduction, by one or more facilities receiving assistance under
    section 13572(a)(2) of this title.

-SOURCE-
    (Pub. L. 102-486, title XXXI, Sec. 3104, as added Pub. L. 109-58,
    title IV, Sec. 421(a), Aug. 8, 2005, 119 Stat. 759.)

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

-End-