dreamproit/uscode huggingface dataset:
42 U.S.C. § 16137 (THE PUBLIC HEALTH AND WELFARE)
§ 16137. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this part $100,000,000 for each of fiscal years 2012 through 2016, to remain available until expended.
(b) Management and oversight
The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.
(Pub. L. 109–58, title VII, § 797, Aug. 8, 2005, 119 Stat. 844; Pub. L. 111–364, § 2(e), Jan. 4, 2011, 124 Stat. 4060.)
heading: Amendments
text: 2011—Pub. L. 111–364 amended section generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this part $200,000,000 for each of fiscal years 2007 through 2011, to remain available until expended.”
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 111–364 effective Oct. 1, 2011, except as otherwise provided, see section 4 of Pub. L. 111–364, set out as a note under section 16131 of this title.
42 U.S.C. § 16138 (THE PUBLIC HEALTH AND WELFARE)
§ 16138. EPA authority to accept diesel emissions reduction Supplemental Environmental Projects
The Administrator of the Environmental Protection Agency (hereinafter, the “Agency”) may accept (notwithstanding sections 3302 and 1301 of title 31) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law—
(1) protect human health or the environment;
(2) are related to the underlying alleged violations;
(3) do not constitute activities that the defendant would otherwise be legally required to perform; and
(4) do not provide funds for the staff of the Agency or for contractors to carry out the Agency’s internal operations.
(Pub. L. 110–255, § 1, June 30, 2008, 122 Stat. 2423.)
heading: Codification
text: Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.
42 U.S.C. § 16139 (THE PUBLIC HEALTH AND WELFARE)
§ 16139. Settlement agreement provisions
In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act [42 U.S.C. 7401 et seq.] or any other law or create a basis for overturning a settlement agreement entered into by the United States.
(Pub. L. 110–255, § 2, June 30, 2008, 122 Stat. 2423.)
heading: References in Text
text: The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 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.
heading: Codification
text: Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.
42 U.S.C. § 16151 (THE PUBLIC HEALTH AND WELFARE)
§ 16151. Purposes
The purposes of this subchapter are—
(1) to enable and promote comprehensive development, demonstration, and commercialization of hydrogen and fuel cell technology in partnership with industry;
(2) to make critical public investments in building strong links to private industry, institutions of higher education, National Laboratories, and research institutions to expand innovation and industrial growth;
(3) to build a mature hydrogen economy that creates fuel diversity in the massive transportation sector of the United States;
(4) to sharply decrease the dependency of the United States on imported oil, eliminate most emissions from the transportation sector, and greatly enhance our energy security; and
(5) to create, strengthen, and protect a sustainable national energy economy.
(Pub. L. 109–58, title VIII, § 802, Aug. 8, 2005, 119 Stat. 844.)
heading: Short Title
text: For short title of title VIII of Pub. L. 109–58, which enacted this subchapter, as the “Spark M. Matsunaga Hydrogen Act of 2005”, see section 801 of Pub. L. 109–58, set out as a note under section 15801 of this title.
42 U.S.C. § 16152 (THE PUBLIC HEALTH AND WELFARE)
§ 16152. Definitions
In this subchapter:
(1) Fuel cell
The term “fuel cell” means a device that directly converts the chemical energy of a fuel, which is supplied from an external source, and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device.
(2) Heavy-duty vehicle
The term “heavy-duty vehicle” means a motor vehicle that—
(A) is rated at more than 8,500 pounds gross vehicle weight;
(B) has a curb weight of more than 6,000 pounds; or
(C) has a basic vehicle frontal area in excess of 45 square feet.
(3) Infrastructure
The term “infrastructure” means the equipment, systems, or facilities used to produce, distribute, deliver, or store hydrogen (except for onboard storage).
(4) Light-duty vehicle
The term “light-duty vehicle” means a motor vehicle that is rated at 8,500 or less pounds gross vehicle weight.
(5) Stationary; portable
The terms “stationary” and “portable”, when used in reference to a fuel cell, include—
(A) continuous electric power; and
(B) backup electric power.
(6) Task Force
The term “Task Force” means the Hydrogen and Fuel Cell Technical Task Force established under section 16155 of this title.
(7) Technical Advisory Committee
The term “Technical Advisory Committee” means the independent Technical Advisory Committee established under section 16156 of this title.
(Pub. L. 109–58, title VIII, § 803, Aug. 8, 2005, 119 Stat. 844.)
42 U.S.C. § 16153 (THE PUBLIC HEALTH AND WELFARE)
§ 16153. Plan
Not later than 6 months after August 8, 2005, the Secretary shall transmit to Congress a coordinated plan for the programs described in this subchapter and any other programs of the Department that are directly related to fuel cells or hydrogen. The plan shall describe, at a minimum—
(1) the agenda for the next 5 years for the programs authorized under this subchapter, including the agenda for each activity enumerated in section 16154(e) of this title;
(2) the types of entities that will carry out the activities under this subchapter and what role each entity is expected to play;
(3) the milestones that will be used to evaluate the programs for the next 5 years;
(4) the most significant technical and nontechnical hurdles that stand in the way of achieving the goals described in section 16154 of this title, and how the programs will address those hurdles; and
(5) the policy assumptions that are implicit in the plan, including any assumptions that would affect the sources of hydrogen or the marketability of hydrogen-related products.
(Pub. L. 109–58, title VIII, § 804, Aug. 8, 2005, 119 Stat. 845.)
42 U.S.C. § 16155 (THE PUBLIC HEALTH AND WELFARE)
§ 16155. Hydrogen and Fuel Cell Technical Task Force
(a) Establishment
Not later than 120 days after August 8, 2005, the President shall establish an interagency task force chaired by the Secretary with representatives from each of the following:
(1) The Office of Science and Technology Policy within the Executive Office of the President.
(2) The Department of Transportation.
(3) The Department of Defense.
(4) The Department of Commerce (including the National Institute of Standards and Technology).
(5) The Department of State.
(6) The Environmental Protection Agency.
(7) The National Aeronautics and Space Administration.
(8) Other Federal agencies as the Secretary determines appropriate.
(b) Duties
(1) Planning
The Task Force shall work toward—
(A) a safe, economical, and environmentally sound fuel infrastructure for hydrogen and hydrogen-carrier fuels, including an infrastructure that supports buses and other fleet transportation;
(B) fuel cells in government and other applications, including portable, stationary, and transportation applications;
(C) distributed power generation, including the generation of combined heat, power, and clean fuels including hydrogen;
(D) uniform hydrogen codes, standards, and safety protocols; and
(E) vehicle hydrogen fuel system integrity safety performance.
(2) Activities
The Task Force may organize workshops and conferences, may issue publications, and may create databases to carry out its duties. The Task Force shall—
(A) foster the exchange of generic, nonproprietary information and technology among industry, academia, and government;
(B) develop and maintain an inventory and assessment of hydrogen, fuel cells, and other advanced technologies, including the commercial capability of each technology for the economic and environmentally safe production, distribution, delivery, storage, and use of hydrogen;
(C) integrate technical and other information made available as a result of the programs and activities under this subchapter;
(D) promote the marketplace introduction of infrastructure for hydrogen fuel vehicles; and
(E) conduct an education program to provide hydrogen and fuel cell information to potential end-users.
(c) Agency cooperation
The heads of all agencies, including those whose agencies are not represented on the Task Force, shall cooperate with and furnish information to the Task Force, the Technical Advisory Committee, and the Department.
(Pub. L. 109–58, title VIII, § 806, Aug. 8, 2005, 119 Stat. 848.)
42 U.S.C. § 16156 (THE PUBLIC HEALTH AND WELFARE)
§ 16156. Technical Advisory Committee
(a) Establishment
The Hydrogen Technical and Fuel Cell Advisory Committee is established to advise the Secretary on the programs and activities under this subchapter.
(b) Membership
(1) Members
The Technical Advisory Committee shall be comprised of not fewer than 12 nor more than 25 members. The members shall be appointed by the Secretary to represent domestic industry, academia, professional societies, government agencies, Federal laboratories, previous advisory panels, and financial, environmental, and other appropriate organizations based on the Department’s assessment of the technical and other qualifications of Technical Advisory Committee members and the needs of the Technical Advisory Committee.
(2) Terms
The term of a member of the Technical Advisory Committee shall not be more than 3 years. The Secretary may appoint members of the Technical Advisory Committee in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the Technical Advisory Committee. A member of the Technical Advisory Committee whose term is expiring may be reappointed.
(3) Chairperson
The Technical Advisory Committee shall have a chairperson, who shall be elected by the members from among their number.
(c) Review
The Technical Advisory Committee shall review and make recommendations to the Secretary on—
(1) the implementation of programs and activities under this subchapter;
(2) the safety, economical, and environmental consequences of technologies for the production, distribution, delivery, storage, or use of hydrogen energy and fuel cells; and
(3) the plan under section 16153 of this title.
(d) Response
(1) Consideration of recommendations
The Secretary shall consider, but need not adopt, any recommendations of the Technical Advisory Committee under subsection (c).
(2) Biennial report
The Secretary shall transmit a biennial report to Congress describing any recommendations made by the Technical Advisory Committee since the previous report. The report shall include a description of how the Secretary has implemented or plans to implement the recommendations, or an explanation of the reasons that a recommendation will not be implemented. The report shall be transmitted along with the President’s budget proposal.
(e) Support
The Secretary shall provide resources necessary in the judgment of the Secretary for the Technical Advisory Committee to carry out its responsibilities under this subchapter.
(Pub. L. 109–58, title VIII, § 807, Aug. 8, 2005, 119 Stat. 849.)
42 U.S.C. § 16158 (THE PUBLIC HEALTH AND WELFARE)
§ 16158. Codes and standards
(a) In general
The Secretary, in cooperation with the Task Force, shall provide grants to, or offer to enter into contracts with, such professional organizations, public service organizations, and government agencies as the Secretary determines appropriate to support timely and extensive development of safety codes and standards relating to fuel cell vehicles, hydrogen energy systems, and stationary, portable, and micro fuel cells.
(b) Educational efforts
The Secretary shall support educational efforts by organizations and agencies described in subsection (a) to share information, including information relating to best practices, among those organizations and agencies.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $4,000,000 for fiscal year 2006;
(2) $7,000,000 for fiscal year 2007;
(3) $8,000,000 for fiscal year 2008;
(4) $10,000,000 for fiscal year 2009;
(5) $9,000,000 for fiscal year 2010; and
(6) such sums as are necessary for each of fiscal years 2011 through 2020.
(Pub. L. 109–58, title VIII, § 809, Aug. 8, 2005, 119 Stat. 851.)
42 U.S.C. § 16160 (THE PUBLIC HEALTH AND WELFARE)
§ 16160. Reports
(a) Secretary
Subject to subsection (c), not later than 2 years after August 8, 2005, and triennially thereafter, the Secretary shall submit to Congress a report describing—
(1) activities carried out by the Department under this subchapter,1 for hydrogen and fuel cell technology;
(2) measures the Secretary has taken during the preceding 3 years to support the transition of primary industry (or a related industry) to a fully commercialized hydrogen economy;
(3) any change made to the strategy relating to hydrogen and fuel cell technology to reflect the results of a learning demonstrations;
(4) progress, including progress in infrastructure, made toward achieving the goal of producing and deploying not less than—
(A) 100,000 hydrogen-fueled vehicles in the United States by 2010; and
(B) 2,500,000 hydrogen-fueled vehicles in the United States by 2020;
(5) progress made toward achieving the goal of supplying hydrogen at a sufficient number of fueling stations in the United States by 2010 including by integrating—
(A) hydrogen activities; and
(B) associated targets and timetables for the development of hydrogen technologies;
(6) any problem relating to the design, execution, or funding of a program under this subchapter;
(7) progress made toward and goals achieved in carrying out this subchapter and updates to the developmental roadmap, including the results of the reviews conducted by the National Academy of Sciences under subsection (b) for the fiscal years covered by the report; and
(8) any updates to strategic plans that are necessary to meet the goals described in paragraph (4).
(b) External review
The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy will review the programs under sections 16154 and 16157 of this title every fourth year following August 8, 2005. The Academy’s review shall include the program priorities and technical milestones, and evaluate the progress toward achieving them. The first review shall be completed not later than 5 years after August 8, 2005. Not later than 45 days after receiving the review, the Secretary shall transmit the review to Congress along with a plan to implement the review’s recommendations or an explanation for the reasons that a recommendation will not be implemented.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,500,000 for each of fiscal years 2006 through 2020.
(Pub. L. 109–58, title VIII, § 811, Aug. 8, 2005, 119 Stat. 852.)
42 U.S.C. § 16162 (THE PUBLIC HEALTH AND WELFARE)
§ 16162. Technology transfer
In carrying out this subchapter, the Secretary shall carry out programs that—
(1) provide for the transfer of critical hydrogen and fuel cell technologies to the private sector;
(2) accelerate wider application of those technologies in the global market;
(3) foster the exchange of generic, nonproprietary information; and
(4) assess technical and commercial viability of technologies relating to the production, distribution, storage, and use of hydrogen energy and fuel cells.
(Pub. L. 109–58, title VIII, § 813, Aug. 8, 2005, 119 Stat. 855.)
42 U.S.C. § 16163 (THE PUBLIC HEALTH AND WELFARE)
§ 16163. Miscellaneous provisions
(a) Representation
The Secretary may represent the United States interests with respect to activities and programs under this subchapter, in coordination with the Department of Transportation, the National Institute of Standards and Technology, and other relevant Federal agencies, before governments and nongovernmental organizations including—
(1) other Federal, State, regional, and local governments and their representatives;
(2) industry and its representatives, including members of the energy and transportation industries; and
(3) in consultation with the Department of State, foreign governments and their representatives including international organizations.
(b) Regulatory authority
Nothing in this subchapter shall be construed to alter the regulatory authority of the Department.
(Pub. L. 109–58, title VIII, § 814, Aug. 8, 2005, 119 Stat. 855.)
42 U.S.C. § 16165 (THE PUBLIC HEALTH AND WELFARE)
§ 16165. Savings clause
Nothing in this subchapter shall be construed to affect the authority of the Secretary of Transportation that may exist prior to August 8, 2005, with respect to—
(1) research into, and regulation of, hydrogen-powered vehicles fuel systems integrity, standards, and safety under subtitle VI of title 49;
(2) regulation of hazardous materials transportation under chapter 51 of title 49;
(3) regulation of pipeline safety under chapter 601 of title 49;
(4) encouragement and promotion of research, development, and deployment activities relating to advanced vehicle technologies under section 5506 1 of title 49;
(5) regulation of motor vehicle safety under chapter 301 of title 49;
(6) automobile fuel economy under chapter 329 of title 49; or
(7) representation of the interests of the United States with respect to the activities and programs under the authority of title 49.
(Pub. L. 109–58, title VIII, § 816, Aug. 8, 2005, 119 Stat. 855.)
heading: References in Text
text: Section 5506 of title 49, referred to in par. (4), was repealed by Pub. L. 112–141, div. E, title II, § 52010(a), July 6, 2012, 126 Stat. 887.
42 U.S.C. § 16181 (THE PUBLIC HEALTH AND WELFARE)
§ 16181. Goals
(a) In general
In order to achieve the purposes of this subchapter, the Secretary shall conduct a balanced set of programs of energy research, development, demonstration, and commercial application with the general goals of—
(1) increasing the efficiency of all energy intensive sectors through conservation and improved technologies;
(2) promoting diversity of energy supply;
(3) decreasing the dependence of the United States on foreign energy supplies;
(4) improving the energy security of the United States; and
(5) decreasing the environmental impact of energy-related activities.
(b) Goals
The Secretary shall publish measurable cost and performance-based goals, comparable over time, with each annual budget submission in at least the following areas:
(1) Energy efficiency for buildings, energy-consuming industries, and vehicles.
(2) Electric energy generation (including distributed generation), transmission, and storage.
(3) Renewable energy technologies, including wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, biomass-based systems, biofuels, and hydropower.
(4) Fossil energy, including power generation, onshore and offshore oil and gas resource recovery, and transportation fuels.
(5) Nuclear energy, including programs for existing and advanced reactors, and education of future specialists.
(c) Public comment
The Secretary shall provide mechanisms for input on the annually published goals from industry, institutions of higher education, and other public sources.
(d) Effect of goals
Nothing in subsection (a) or the annually published goals creates any new authority for any Federal agency, or may be used by any Federal agency, to support the establishment of regulatory standards or regulatory requirements.
(Pub. L. 109–58, title IX, § 902, Aug. 8, 2005, 119 Stat. 856.)
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title IX of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 856, which enacted this subchapter, amended sections 8101 and 8102 of Title 7, Agriculture, and section 5523 of Title 15, Commerce and Trade, enacted provisions set out as notes under section 15801 of this title, section 8102 of Title 7, and section 2001 of Title 30, Mineral Lands and Mining, and amended provisions set out as notes under section 8101 of Title 7 and section 1902 of Title 30. For complete classification of title IX to the Code, see Short Title note set out under section 15801 of this title and Tables.
heading: Short Title
text: For short title of title IX of Pub. L. 109–58, which enacted this subchapter, as the “Energy Research, Development, Demonstration, and Commercial Application Act of 2005”, see section 431 of Pub. L. 109–58, set out as a note under section 15801 of this title.
42 U.S.C. § 16182 (THE PUBLIC HEALTH AND WELFARE)
§ 16182. Definitions
In this subchapter:
(1) Departmental mission
The term “departmental mission” means any of the functions vested in the Secretary by the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) or other law.
(2) Hispanic-serving institution
The term “Hispanic-serving institution” has the meaning given the term in section 1101a(a) of title 20.
(3) Nonmilitary energy laboratory
The term “nonmilitary energy laboratory” means a National Laboratory other than a National Laboratory listed in subparagraph (G), (H), or (N) of section 15801(3) of this title.
(4) Part B institution
The term “part B institution” has the meaning given the term in section 1061 of title 20.
(5) Single-purpose research facility
The term “single-purpose research facility” means—
(A) any of the primarily single-purpose entities owned by the Department; or
(B) any other organization of the Department designated by the Secretary.
(6) University
The term “university” has the meaning given the term “institution of higher education” in section 1001 of title 20.
(Pub. L. 109–58, title IX, § 903, Aug. 8, 2005, 119 Stat. 856.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title IX of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 856, which enacted this subchapter, amended sections 8101 and 8102 of Title 7, Agriculture, and section 5523 of Title 15, Commerce and Trade, enacted provisions set out as notes under section 15801 of this title, section 8102 of Title 7, and section 2001 of Title 30, Mineral Lands and Mining, and amended provisions set out as notes under section 8101 of Title 7 and section 1902 of Title 30. For complete classification of title IX to the Code, see Short Title note set out under section 15801 of this title and Tables.
The Department of Energy Organization Act, referred to in par. (1), is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, as amended, which is classified principally to chapter 84 (§ 7101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.