-CITE-
    42 USC CHAPTER 125 - RENEWABLE ENERGY AND ENERGY
           EFFICIENCY TECHNOLOGY COMPETITIVENESS           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                   COMPETITIVENESS               

-HEAD-
      CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                              COMPETITIVENESS

-MISC1-
    Sec.                                                     
    12001.      Finding, purpose, and general authority.              
    12002.      Definitions.                                          
    12003.      National goals and multi-year funding for Federal
                 wind, photovoltaics, and solar thermal programs.     
    12004.      Energy efficiency authorizations.                     
    12005.      Demonstration and commercial application projects.    
    12006.      Reports.                                              
    12007.      No antitrust immunity or defenses.                    

-End-



-CITE-
    42 USC Sec. 12001                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                   COMPETITIVENESS               

-HEAD-
    Sec. 12001. Finding, purpose, and general authority

-STATUTE-
    (a) Finding
      The Congress finds that it is in the national security and
    economic interest of the United States to foster greater efficiency
    in the use of available energy supplies and greater use of
    renewable energy technologies.
    (b) Purpose
      It is the purpose of this chapter to authorize the Secretary of
    Energy, acting in accordance with section 13541 of this title, to
    pursue an aggressive national program of research, development,
    demonstration, and commercial application of renewable energy and
    energy efficiency technologies in order to ensure a stable and
    secure future energy supply by - 
        (1) achieving as soon as practicable cost competitive use of
      those technologies without need of Federal financial incentives;
        (2) establishing long-term Federal research goals and multiyear
      funding levels;
        (3) directing the Secretary to undertake initiatives to improve
      the ability of the private sector to commercialize in the near
      term renewable energy and energy efficiency technologies; and
        (4) fostering collaborative efforts involving the private
      sector through government support of a program of demonstration
      and commercial application projects.
    (c) General authority
      The Secretary, acting in accordance with section 13541 of this
    title, is authorized and directed to - 
        (1) pursue a program of research, development, demonstration,
      and commercial application with the private sector, to achieve
      the purpose of this chapter, including the goals established
      under section 12003 of this title; and
        (2) undertake demonstration and commercial application projects
      as provided in section 12005 of this title.

-SOURCE-
    (Pub. L. 101-218, Sec. 2, Dec. 11, 1989, 103 Stat. 1859; Pub. L.
    102-486, title XII, Sec. 1202(d)(1)-(3), Oct. 24, 1992, 106 Stat.
    2959, 2960.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b) and (c)(1), was in the
    original "this Act", meaning Pub. L. 101-218, Dec. 11, 1989, 103
    Stat. 1859, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note below and Tables.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b). Pub. L. 102-486, Sec. 1202(d)(1), substituted
    "section 13541 of this title" for "authority contained in the
    Federal Nonnuclear Energy Research and Development Act of 1974 (42
    U.S.C. 5901-5920) and other law applicable to the Secretary" and
    "demonstration, and commercial application" for "and
    demonstration".
      Subsec. (b)(4). Pub. L. 102-486, Sec. 1202(d)(2), substituted
    "efforts" for "research and development efforts" and "demonstration
    and commercial application projects" for "joint ventures".
      Subsec. (c). Pub. L. 102-486, Sec. 1202(d)(3), substituted
    "section 13541 of this title, is authorized and directed to - " and
    pars. (1) and (2) for "the authority contained in the Federal
    Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C.
    5901-5920) and other law applicable to the Secretary - 
        "(1) is authorized and directed to - 
          "(A) pursue a program of research, development, and
        demonstration, including the use of joint ventures with the
        private sector, to achieve the purpose of this chapter,
        including the goals established under section 12003 of this
        title; and
          "(B) undertake joint ventures as provided in section 12005 of
        this title; and
        "(2) is authorized to undertake, from time to time, joint
      ventures in technology areas other than those set forth in
      section 12005(c) of this title, subject to the conditions set
      forth in section 12005(b) of this title."

                                SHORT TITLE                            
      Section 1 of Pub. L. 101-218 provided: "That this Act [enacting
    this chapter and amending sections 6276 and 8243 of this title,
    section 2857 of Title 10, Armed Forces, and section 2194 of Title
    22, Foreign Relations and Intercourse] may be referred to as the
    'Renewable Energy and Energy Efficiency Technology Competitiveness
    Act of 1989'."

-End-



-CITE-
    42 USC Sec. 12002                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                   COMPETITIVENESS               

-HEAD-
    Sec. 12002. Definitions

-STATUTE-
      As used in this chapter - 
        (1) the term "invention" means an invention or discovery that
      is patented or for which a patent may be obtained under title 35,
      or any novel variety of plant that is protected or for which
      plant variety protection may be obtained under the Plant Variety
      Protection Act (7 U.S.C. 2321 et seq.) and that is conceived or
      reduced to practice as a result of work under an agreement
      entered into under this chapter;
        (2) the term "non-Federal person" means an entity located in
      the United States, the controlling interest (as defined by the
      Secretary) of which is held by persons of the United States,
      including - 
          (A) a for-profit business;
          (B) a private foundation;
          (C) a nonprofit organization such as a university;
          (D) a trade or professional society; and
          (E) a unit of State or local government;

        (3) the term "Secretary" means the Secretary of Energy;
        (4) the term "small business", with respect to a participant in
      any demonstration and commercial application project under this
      chapter, means a private firm that does not exceed the numerical
      size standard promulgated by the Small Business Administration
      under section 632(a) of title 15 for the Standard Industrial
      Classification (SIC) code designated by the Secretary of Energy
      as the primary business activity to be undertaken in the
      demonstration and commercial application project;
        (5) the term "source reduction" means any practice which - 
          (A) reduces the amount of any hazardous substance, pollutant,
        or contaminant entering any waste stream or otherwise released
        into the environment, including fugitive emissions, prior to
        recycling, treatment, or disposal; and
          (B) reduces the hazards to the public health and the
        environment associated with the release of such substances,
        pollutants, or contaminants,

      including equipment or technology modifications, process or
      procedure modifications, reformulation or redesign of products,
      substitution of raw materials, and improvements in housekeeping,
      maintenance, training, and inventory control, but not including
      any practice which alters the physical, chemical, or biological
      characteristics or the volume of a hazardous substance,
      pollutant, or contaminant through a process or activity which
      itself is not integral to and necessary for the production of a
      product or the providing of a service; (!1)

        (6) the term "United States" means 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.

-SOURCE-
    (Pub. L. 101-218, Sec. 3, Dec. 11, 1989, 103 Stat. 1859; Pub. L.
    102-486, title XII, Sec. 1202(d)(4), Oct. 24, 1992, 106 Stat.
    2960.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Plant Variety Protection Act, referred to in par. (1), is
    Pub. L. 91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is
    classified principally to chapter 57 (Sec. 2321 et seq.) of Title
    7, Agriculture. For complete classification of this Act to the
    Code, see Short Title note set out under section 2321 of Title 7
    and Tables.


-MISC1-
                                AMENDMENTS                            
      1992 - Pars. (2) to (5). Pub. L. 102-486 redesignated pars. (3)
    to (5) as (2) to (4), respectively, in par. (4) substituted "any
    demonstration and commercial application project" for "any joint
    venture" and "in the demonstration and commercial application
    project;" for "in the venture; and", added par. (5), and struck out
    former par. (2) which read as follows: " 'joint venture' means any
    agreement entered into under this chapter by the Secretary with
    more than one or a consortium of non-Federal persons (including a
    joint venture under the National Cooperative Research Act of 1984
    (15 U.S.C. 4301 et seq.)) for cost-shared research, development, or
    demonstration of technologies, but does not include procurement
    contracts, grant agreements, or cooperative agreements as those
    terms are used in sections 6303, 6304, and 6305 of title 31;".

-FOOTNOTE-               

    (!1) So in original. Probably should be "; and".


-End-



-CITE-
    42 USC Sec. 12003                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                   COMPETITIVENESS               

-HEAD-
    Sec. 12003. National goals and multi-year funding for Federal wind,
      photovoltaics, and solar thermal programs

-STATUTE-
    (a) National goals
      The following are declared to be the national goals for the wind,
    photovoltaics, and solar thermal energy programs being carried out
    by the Secretary:
      (1) Wind
        (A) In general, the goals for the Wind Energy Research Program
      include improving design methodologies and developing more
      reliable and efficient wind turbines to increase the cost
      competitiveness of wind energy. Research efforts shall emphasize -
       
          (i) activities that address near-term technical problems and
        assist private sector exploitation of market opportunities of
        the wind energy industry;
          (ii) developing technologies such as advanced airfoils and
        variable speed generators to increase wind turbine output and
        reduce maintenance costs by decreasing structural stress and
        fatigue;
          (iii) increasing the basic knowledge of aerodynamics,
        structural dynamics, fatigue, and electrical systems
        interactions as applied to wind energy technology; and
          (iv) improving the compatibility of electricity produced from
        wind farms with conventional utility needs.

        (B) Specific goals for the Wind Energy Research Program shall
      be to - 
          (i) reduce average wind energy costs to 3 to 5 cents per
        kilowatt hour by 1995;
          (ii) reduce capital costs of new wind energy systems to $500
        to $750 per kilowatt of installed capacity by 1995;
          (iii) reduce operation and maintenance costs for wind energy
        systems to less than one cent per kilowatt hour by 1995; and
          (iv) increase capacity factors for new wind energy systems to
        25 to 35 percent by 1995.
      (2) Photovoltaics
        (A) In general, the goals of the Photovoltaic Energy Systems
      Program shall include improving the reliability and conversion
      efficiencies of and lowering the costs of photovoltaic
      conversion. Research efforts shall emphasize advancements in the
      performance, stability, and durability of photovoltaic materials.
        (B) Specific goals of the Photovoltaic Energy Systems Program
      shall be to - 
          (i) improve operational reliability of photovoltaic modules
        to 30 years by 1995;
          (ii) increase photovoltaic conversion efficiencies by 20
        percent by 1995;
          (iii) decrease new photovoltaic module direct manufacturing
        costs to $800 per kilowatt by 1995; and
          (iv) increase cost efficiency of photovoltaic power
        production to 10 cents per kilowatt hour by 1995.
      (3) Solar thermal
        (A) In general, the goal of the Solar Thermal Energy Systems
      Program shall be to advance research and development to a point
      where solar thermal technology is cost-competitive with
      conventional energy sources, and to promote the integration of
      this technology into the production of industrial process heat
      and the conventional utility network. Research and development
      shall emphasize development of a thermal storage technology to
      provide capacity for shifting power to periods of demand when
      full insolation is not available; improvement in receivers,
      energy conversion devices, and innovative concentrators using
      stretch membranes, lenses, and other materials; and exploration
      of advanced manufacturing techniques.
        (B) Specific goals of the Solar Thermal Energy Systems Program
      shall be to - 
          (i) reduce solar thermal costs for industrial process heat to
        $9.00 per million Btu by 1995; and
          (ii) reduce average solar thermal costs for electricity to 4
        to 5 cents per kilowatt hour by 1995.
      (4) Alcohol from biomass
        (A) In general, the goal of the Alcohol From Biomass Program
      shall be to advance research and development to a point where
      alcohol from biomass technology is cost-competitive with
      conventional hydrocarbon transportation fuels, and to promote the
      integration of this technology into the transportation fuel
      sector of the economy.
        (B)(i) Specific goals for producing ethanol from biomass shall
      be to - 
          (I) reduce the cost of alcohol to 70 cents per gallon;
          (II) improve the overall biomass carbohydrate conversion
        efficiency to 91 percent;
          (III) reduce the capital cost component of the cost of
        alcohol to 23 cents per gallon; and
          (IV) reduce the operating and maintenance component of the
        cost of alcohol to 47 cents per gallon.

        (ii) Specific goals for producing methanol from biomass shall
      be to - 
          (I) reduce the cost of alcohol to 47 cents per gallon; and
          (II) reduce the capital component of the cost of alcohol to
        16 cents per gallon.
      (5) Other technologies
        The Secretary shall submit to the Congress, as part of the
      first report submitted under section 12006 of this title,
      recommendations for specific cost goals and other pertinent goals
      for 1995 for Department of Energy research, development, and
      demonstration programs in Biofuels Energy Systems, Biodiesel
      Energy Systems, Hydrogen Energy Systems, Solar Buildings Energy
      Systems, Ocean Energy Systems, Geothermal Energy Systems, Low-
      Head Hydro, and Energy Storage Systems.
    (b) Amended goals
      Whenever the Secretary determines that any of the goals
    established under this section is no longer appropriate, the
    Secretary shall notify Congress, as part of a report submitted
    under section 12006 of this title, of the reason for the
    determination and provide an amended goal that is consistent with
    the purpose stated in section 12001(b) of this title.
    (c) Authorizations
      There are authorized to be appropriated to the Secretary for the
    following renewable energy research, development, and demonstration
    programs: the Wind Energy Research Program, the Photovoltaic Energy
    Systems Program, the Solar Thermal Energy Systems Program, the
    Biofuels Energy Systems Program, the Hydrogen Energy Systems
    Program, the Solar Buildings Energy Systems Program, the Ocean
    Energy Systems Program, and the Geothermal Energy Systems Program -
    
        (1) not to exceed $113,000,000 for fiscal year 1991, of which -
      
          (A) not to exceed $39,000,000 shall be available for the
        Photovoltaic Energy Systems Program;
          (B) not to exceed $19,000,000 shall be available for the
        Geothermal Energy Systems Program; and
          (C) not to exceed $4,000,000 shall be available for the
        Hydrogen Energy Systems Program; and

        (2) not to exceed $121,000,000 for fiscal year 1992, of which -
      
          (A) not to exceed $40,000,000 shall be available for the
        Photovoltaic Energy Systems Program;
          (B) not to exceed $20,500,000 shall be available for the
        Geothermal Energy Systems Program; and
          (C) not to exceed $5,000,000 shall be available for the
        Hydrogen Energy Systems Program.

    Each of the President's annual budget requests submitted to
    Congress after December 11, 1989, shall include as separate line
    items each of the categories of renewable energy programs described
    in this subsection.

-SOURCE-
    (Pub. L. 101-218, Sec. 4, Dec. 11, 1989, 103 Stat. 1860; Pub. L.
    102-486, title XII, Sec. 1202(b), title XXI, Sec. 2125(1)-(3), Oct.
    24, 1992, 106 Stat. 2958, 3085.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a)(4), (5). Pub. L. 102-486, Sec. 1202(b)(1),
    added par. (4), redesignated former par. (4) as (5), and inserted
    "Biodiesel Energy Systems," after "Biofuels Energy Systems,".
      Subsec. (c)(3). Pub. L. 102-486, Sec. 2125(1)-(3), struck out
    par. (3) which read as follows: "not to exceed $124,000,000 for
    fiscal year 1993, of which - 
        "(A) not to exceed $40,000,000 shall be available for the
      Photovoltaic Energy Systems Program;
        "(B) not to exceed $23,000,000 shall be available for the
      Geothermal Energy Systems Program; and
        "(C) not to exceed $6,000,000 shall be available for the
      Hydrogen Energy Systems Program."

-End-



-CITE-
    42 USC Sec. 12004                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                   COMPETITIVENESS               

-HEAD-
    Sec. 12004. Energy efficiency authorizations

-STATUTE-
      There are authorized to be appropriated to the Secretary for the
    following energy efficiency research, development, and
    demonstration programs: transportation, industrial, buildings and
    community systems, multi-sector, and policy and management - 
        (1) not to exceed $201,100,000 for fiscal year 1991, of which -
      
          (A) not to exceed $68,300,000 shall be available for the
        transportation program; and
          (B) not to exceed $53,500,000 shall be available for the
        industrial program; and

        (2) not to exceed $210,600,000 for fiscal year 1992, of which -
      
          (A) not to exceed $71,000,000 shall be available for the
        transportation program; and
          (B) not to exceed $54,700,000 shall be available for the
        industrial program.

-SOURCE-
    (Pub. L. 101-218, Sec. 5, Dec. 11, 1989, 103 Stat. 1862; Pub. L.
    102-486, title XXI, Sec. 2125(4)-(6), Oct. 24, 1992, 106 Stat.
    3085.)


-MISC1-
                                AMENDMENTS                            
      1992 - Par. (3). Pub. L. 102-486 struck out par. (3) which read
    as follows: "not to exceed $225,000,000 for fiscal year 1993, of
    which - 
        "(A) not to exceed $73,900,000 shall be available for the
      transportation program; and
        "(B) not to exceed $56,900,000 shall be available for the
      industrial program."

-End-



-CITE-
    42 USC Sec. 12005                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                   COMPETITIVENESS               

-HEAD-
    Sec. 12005. Demonstration and commercial application projects

-STATUTE-
    (a) Purpose
      The purpose of this section is to direct the Secretary to further
    the commercialization of renewable energy and energy efficiency
    technologies through a five-year program.
    (b) Demonstration and commercial application projects
      (1) Establishment
        (A) The Secretary shall solicit proposals for demonstration and
      commercial application projects for renewable energy and energy
      efficiency technologies pursuant to subsection (c) of this
      section. Such projects may include projects for - 
          (i) the production and sale of electricity, thermal energy,
        or other forms of energy using a renewable energy technology;
          (ii) increasing the efficiency of energy use; and
          (iii) improvements in, or expansion of, facilities for the
        manufacture of renewable energy or energy efficiency
        technologies.

        (B) Requirements. - Each project selected under this section
      shall include at least one for-profit business. Activities
      supported under this section shall be performed in the United
      States. Each project under this section shall require the
      manufacture and reproduction substantially within the United
      States for commercial sale of any invention or product that may
      result from the project.
      (2) Forms of financial assistance
        (A) In supporting projects selected under subsection (c) of
      this section, the Secretary may choose from among the forms of
      agreements described in section 13541 of this title.
        (B) In supporting projects selected under subsection (c) of
      this section, the Secretary may also enter into agreements with
      private lenders to pay a portion of the interest on loans made
      for such projects.
      (3) Cost sharing
        Cost sharing for projects under this section shall be conducted
      according to the procedures described in section 13542(b) and (c)
      of this title.
      (4) Advisory Committee
        (A) The Secretary shall establish an Advisory Committee on
      Demonstration and Commercial Application of Renewable Energy and
      Energy Efficiency Technologies (in this chapter referred to as
      the "Advisory Committee") to advise the Secretary on the
      development of the solicitation and evaluation criteria for
      projects under this section, and on otherwise carrying out his
      responsibilities under this section. The Secretary shall appoint
      members to the Advisory Committee, including at least one member
      representing - 
          (i) the Secretary of Commerce;
          (ii) the National Laboratories of the Department of Energy;
          (iii) the Solar Energy Research Institute;
          (iv) the Electric Power Research Institute;
          (v) the Gas Research Institute;
          (vi) the National Institute of Building Sciences;
          (vii) the National Institute of Standards and Technology;
          (viii) associations of firms in the major renewable energy
        manufacturing industries; and
          (ix) associations of firms in the major energy efficiency
        manufacturing industries.

      Nothing in this subparagraph shall be construed to require the
      Secretary to reestablish the Advisory Committee in place under
      this subsection as of October 24, 1992, or to perform again any
      duties performed by such advisory committee before October 24,
      1992.
        (B) Not later than 18 months after October 24, 1992, the
      Advisory Committee shall provide the Secretary with a report
      assessing the implementation of the program under this section,
      including specific recommendations for improvements or changes to
      the program and solicitation process. The Secretary shall
      transmit such report and, if any, the Secretary's recommendations
      to the Congress.
    (c) Selection of projects
      (1) Solicitation
        (A) Not later than 9 months after October 24, 1992, the
      Secretary shall solicit proposals for projects under this
      section. The Secretary may make additional solicitations for
      proposals if the Secretary determines that such solicitations are
      necessary to carry out this section.
        (B) A solicitation for proposals under this paragraph 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.
        (C) Each solicitation under this paragraph shall include a
      description of the criteria, developed by the Secretary,
      according to which proposals will be evaluated. In developing
      such criteria, the Secretary shall consider - 
          (i) the need for Federal involvement to commercialize the
        technology or speed commercialization of the technology;
          (ii) the potential for the technology to have significant
        market penetration;
          (iii) the potential energy efficiency gains or energy supply
        contributions of the technology;
          (iv) potential environmental improvements associated with the
        technology;
          (v) the export potential of the technology;
          (vi) the likelihood that the proposal is technically
        sufficient to achieve the objective of the solicitation;
          (vii) the degree to which non-Federal financial participation
        is involved in the proposal;
          (viii) the business and financial history of the proposer or
        proposers; and
          (ix) any other factor the Secretary considers appropriate.
      (2) Project technologies
        Projects under this section may include the following
      technologies:
          (A) Conversion of cellulosic biomass to liquid fuels.
          (B) Ethanol and ethanol byproduct processes.
          (C) Direct combustion or gasification of biomass.
          (D) Biofuels energy systems.
          (E) Photovoltaics, including utility scale and remote
        applications.
          (F) Solar thermal, including solar water heating.
          (G) Wind energy.
          (H) High temperature and low temperature geothermal energy.
          (I) Fuel cells, including transportation and stationary
        applications.
          (J) Nondefense high-temperature superconducting electricity
        technology.
          (K) Source reduction technology.
          (L) Factory-made housing.
          (M) Advanced district cooling.
      (3) Project selection
        The Secretary shall, within 120 days after the closing date
      established under paragraph (1)(B), select proposals to receive
      financial assistance under this section. In selecting proposals
      under this paragraph, the Secretary shall - 
          (A) consider each proposal's ability to meet the criteria
        developed pursuant to paragraph (1)(C); and
          (B) attempt to achieve technological and geographic
        diversity.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section $50,000,000 for fiscal year 1994.

-SOURCE-
    (Pub. L. 101-218, Sec. 6, Dec. 11, 1989, 103 Stat. 1863; Pub. L.
    102-486, title XII, Sec. 1202(a), Oct. 24, 1992, 106 Stat. 2956.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-486 amended section generally, substituting
    provisions relating to demonstration and commercial application
    projects for renewable energy and energy efficiency technologies
    for provisions relating to use of joint ventures to further
    commercialization of renewable energy and energy efficiency
    technologies.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees 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 committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee 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. 770, 776, set out in the Appendix to Title 5,
    Government Organization and Employees.

-End-



-CITE-
    42 USC Sec. 12006                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                   COMPETITIVENESS               

-HEAD-
    Sec. 12006. Reports

-STATUTE-
    (a) Report by Secretary
      One year after December 11, 1989, and annually thereafter, the
    Secretary shall report to Congress on the programs and projects
    supported under this chapter and the progress being made toward
    accomplishing the goals and purposes set forth in this chapter.
    (b) National renewable energy and energy efficiency management plan
      (1) The Secretary, in consultation with the Advisory Committee,
    shall prepare a three-year management plan to be administered and
    carried out by the Secretary in the conduct of activities under
    this chapter.
      (2) After opportunity for public comment and consideration, as
    appropriate, of such comment, the Secretary shall publish the plan.
      (3) In addition to describing the Secretary's intentions for
    administering this chapter, the plan shall include a comprehensive
    strategy for assisting the private sector - 
        (A) in commercializing the renewable energy and energy
      efficiency technologies developed under this chapter; and
        (B) in meeting competition from foreign suppliers of products
      derived from renewable energy and energy efficiency technologies.

      (4) The plan shall address the role of federally-assisted
    research, development, and demonstration in the achievement of
    applicable national policy goals of the National Energy Policy Plan
    required under section 7321 of this title and the plan developed
    under section 5905 of this title.
      (5) In addition, the Plan (!1) shall - 

        (A) contain a detailed assessment of program needs, objectives,
      and priorities for each of the programs authorized under section
      12005 of this title;
        (B) use a uniform prioritization methodology to facilitate cost-
      benefit analyses of proposals in various program areas;
        (C) establish milestones for setting forth specific technology
      transfer activities under each program area;
        (D) include annual and five-year cost estimates for individual
      programs under this chapter; and
        (E) identify program areas for which funding levels have been
      changed from the previous year's Plan.(!1)

      (6) Within one year after October 24, 1992, the Secretary shall
    submit a revised management plan under this section to Congress.
    Thereafter, the Secretary shall submit a management plan every
    three years at the time of submittal of the President's annual
    budget submission to the Congress.
    (c) Report on options
      As part of the first report submitted under subsection (a) of
    this section, the Secretary shall submit to Congress a report
    analyzing options available to the Secretary under existing law to
    assist the private sector with the timely commercialization of
    wind, photovoltaic, solar thermal, biofuels, hydrogen, solar
    buildings, ocean, geothermal, low-head hydro, and energy storage
    renewable energy technologies and energy efficiency technologies
    through emphasis on development and demonstration assistance to
    specific technologies in the research, development, and
    demonstration programs of the Department of Energy that are near
    commercial application.

-SOURCE-
    (Pub. L. 101-218, Sec. 9, Dec. 11, 1989, 103 Stat. 1868; Pub. L.
    102-486, title XII, Sec. 1202(c), (d)(5), title XXIII, Sec.
    2303(b), Oct. 24, 1992, 106 Stat. 2959, 2960, 3093.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-486, Sec. 1202(d)(5), substituted
    "and projects" for ", projects, and joint ventures".
      Subsec. (b)(1). Pub. L. 102-486, Sec. 1202(c)(1), inserted "three-
    year" before "management plan".
      Subsec. (b)(4). Pub. L. 102-486, Sec. 2303(b), inserted before
    period at end "and the plan developed under section 5905 of this
    title".
      Subsec. (b)(5), (6). Pub. L. 102-486, Sec. 1202(c)(2), added
    pars. (5) and (6) and struck out former par. (5) which read as
    follows: "The plan shall accompany the President's annual budget
    submission to the Congress."

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which reports required under subsecs. (a) and (b) of this section
    are listed as the 20th item on page 84 and the 19th item on page
    86), see section 3003 of Pub. L. 104-66, as amended, set out as a
    note under section 1113 of Title 31, Money and Finance.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-



-CITE-
    42 USC Sec. 12007                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
                   COMPETITIVENESS               

-HEAD-
    Sec. 12007. No antitrust immunity or defenses

-STATUTE-
      Nothing in this chapter 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. As used in this section,
    "antitrust laws" means those Acts set forth in section 12 of title
    15.

-SOURCE-
    (Pub. L. 101-218, Sec. 10, Dec. 11, 1989, 103 Stat. 1869.)

-End-