dreamproit/uscode huggingface dataset:
42 U.S.C. § 4344 (THE PUBLIC HEALTH AND WELFARE)
§ 4344. Duties and functions
It shall be the duty and function of the Council—
(1) to assist and advise the President in the preparation of the Environmental Quality Report required by section 4341 1 of this title;
(2) to gather timely and authoritative information concerning the conditions and trends in the quality of the environment both current and prospective, to analyze and interpret such information for the purpose of determining whether such conditions and trends are interfering, or are likely to interfere, with the achievement of the policy set forth in subchapter I of this chapter, and to compile and submit to the President studies relating to such conditions and trends;
(3) to review and appraise the various programs and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter for the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy, and to make recommendations to the President with respect thereto;
(4) to develop and recommend to the President national policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and goals of the Nation;
(5) to conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality;
(6) to document and define changes in the natural environment, including the plant and animal systems, and to accumulate necessary data and other information for a continuing analysis of these changes or trends and an interpretation of their underlying causes;
(7) to report at least once each year to the President on the state and condition of the environment; and
(8) to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legislation as the President may request.
(Pub. L. 91–190, title II, § 204, Jan. 1, 1970, 83 Stat. 855.)
heading: Editorial Notes
heading: References in Text
text: Section 4341 of this title, referred to in par. (1), was omitted from the Code.
heading: Executive Documents
heading: Transfer of Functions
text: So much of functions of Council on Environmental Quality under par. (5) of this section as pertains to ecological systems transferred to Administrator of Environmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a)(5), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, set out under section 4321 of this title.
42 U.S.C. § 4370m–7 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–7. Reports
(a) Reports to Congress
(1) Executive Director annual report
(A) In general
Not later than April 15 of each year for 10 years beginning on November 15, 2021, the Executive Director shall submit to Congress a report detailing the progress accomplished under this subchapter during the previous fiscal year.
(B) Opportunity to include comments
Each councilmember, with input from the respective agency CERPO, shall have the opportunity to include comments concerning the performance of the agency in the report described in subparagraph (A).
(2) Quarterly agency performance report
The Executive Director shall submit to Congress a quarterly report evaluating agency compliance with the provisions of this subchapter, which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under section 4370m–2(c) of this title.
(3) Agency best practices report
Not later than April 15 of each year, each participating agency and lead agency shall submit to Congress and the Director of the Office of Management and Budget a report assessing the performance of the agency in implementing the best practices described in section 4370m–1(c)(2)(B) of this title.
(b) Comptroller general report
Not later than 3 years after December 4, 2015, the Comptroller General of the United States shall submit to Congress a report that describes—
(1) agency progress in making improvements consistent with the best practices issued under section 4370m–1(c)(2)(B) of this title; and
(2) agency compliance with the performance schedules established under section 4370m–1(c)(1)(C) of this title.
(Pub. L. 114–94, div. D, title XLI, § 41008, Dec. 4, 2015, 129 Stat. 1760; Pub. L. 117–58, div. G, title VIII, § 70801(f), Nov. 15, 2021, 135 Stat. 1293.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 117–58 added subsec. (a) and struck out former subsec. (a) which required, for a period of 10 years beginning on Dec. 4, 2015, Executive Director to submit annual reports to Congress on progress accomplished under this subchapter during previous fiscal year.
42 U.S.C. § 4370m–12 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–12. Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294
text: Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
42 U.S.C. § 6346 (THE PUBLIC HEALTH AND WELFARE)
§ 6346. Sustainable manufacturing initiative
(a) In general
As part of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Secretary, on the request of a manufacturer, shall carry out onsite technical assessments to identify opportunities for—
(1) maximizing the energy efficiency of industrial processes and cross-cutting systems;
(2) preventing pollution and minimizing waste;
(3) improving efficient use of water in manufacturing processes;
(4) conserving natural resources; and
(5) achieving such other goals as the Secretary determines to be appropriate.
(b) Coordination
To implement any recommendations resulting from an onsite technical assessment carried out under subsection (a) and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency, the Secretary shall coordinate with—
(1) the Advanced Manufacturing Office of the Department of Energy;
(2) the Building Technologies Office of the Department of Energy;
(3) the Federal Energy Management Program of the Department of Energy; and
(4) the private sector and other appropriate agencies, including the National Institute of Standards and Technology.
(c) Research and development program for sustainable manufacturing and industrial technologies and processes
As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources.
(Pub. L. 94–163, title III, § 376, as added Pub. L. 117–58, div. D, title V, § 40522(a), Nov. 15, 2021, 135 Stat. 1067.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6346, Pub. L. 94–163, title III, § 376, Dec. 22, 1975, 89 Stat. 938; Pub. L. 95–619, title IV, § 461(d)(1), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3275, 3288, set forth general provisions relating to compliance with former part C reporting requirements, use of information, and absence of liability for failure to meet energy efficiency improvement targets, prior to repeal by Pub. L. 99–509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888.
(THE PUBLIC HEALTH AND WELFARE)
§§ 6839, 6840. Repealed. Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783
text: Section 6839, Pub. L. 94–385, title III, § 310, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 95–91, title III, §§ 301(a), 304(a), title VII, §§ 703, 707, 709(e)(2), Aug. 4, 1977, 91 Stat. 577, 580, 606, 607, 608; Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, related to support activities necessary or appropriate to develop and implement voluntary performance standards.
text: Section 6840, Pub. L. 94–385, title III, § 311, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 97–375, title II, § 207(b), Dec. 21, 1982, 96 Stat. 1824, related to monitoring of State and local adoption and implementation of standards and reports to Congress on implementation and effectiveness of standards.
42 U.S.C. § 15882 (THE PUBLIC HEALTH AND WELFARE)
§ 15882. Hydroelectric efficiency improvement incentives
(a) Incentive payments
The Secretary shall make incentive payments to the owners or operators of hydroelectric facilities at existing dams to be used to make capital improvements in the facilities that are directly related to improving the efficiency of such facilities by at least 3 percent.
(b) Limitations
Incentive payments under this section shall not exceed 30 percent of the costs of the capital improvement concerned and not more than 1 payment may be made with respect to improvements at a single facility. No payment in excess of $5,000,000 may be made with respect to improvements at a single facility in any 1 fiscal year.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2022 to remain available until expended.
(Pub. L. 109–58, title II, § 243, Aug. 8, 2005, 119 Stat. 678; Pub. L. 116–260, div. Z, title III, § 3005(b), Dec. 27, 2020, 134 Stat. 2511; Pub. L. 117–58, div. D, title III, § 40332(a), Nov. 15, 2021, 135 Stat. 1023.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 117–58, § 40332(a)(1), inserted “incentives” after “improvement” in section catchline.
Subsec. (b). Pub. L. 117–58, § 40332(a)(2), substituted “30 percent” for “10 percent” and “$5,000,000” for “$750,000” and inserted “in any 1 fiscal year” before period.
Subsec. (c). Pub. L. 117–58, § 40332(a)(3), added subsec. (c) and struck out subsec. (c). Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section not more than $10,000,000 for each of fiscal years 2021 through 2036.”
2020—Subsec. (c). Pub. L. 116–260 substituted “each of fiscal years 2021 through 2036” for “each of the fiscal years 2006 through 2015”.
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: Statutory Notes and Related Subsidiaries
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.
heading: Findings; Purpose
text: Pub. L. 117–58, div. D, title III, § 40311, Nov. 15, 2021, 135 Stat. 1005, provided that:
“(a) Findings.—
Congress finds that—
“(1) hydrogen plays a critical part in the comprehensive energy portfolio of the United States;
“(2) the use of the hydrogen resources of the United States—
“(A) promotes energy security and resilience; and
“(B) provides economic value and environmental benefits for diverse applications across multiple sectors of the economy; and
“(3) hydrogen can be produced from a variety of domestically available clean energy sources, including—
“(A) renewable energy resources, including biomass;
“(B) fossil fuels with carbon capture, utilization, and storage; and
“(C) nuclear power.
“(b) Purpose.—
The purpose of this subtitle [Subtitle B (§§ 40311–40315) of title III of Pub. L. 117–58, see Tables for classification] is to accelerate research, development, demonstration, and deployment of hydrogen from clean energy sources by—
“(1) providing a statutory definition for the term ‘clean hydrogen’;
“(2) establishing a clean hydrogen strategy and roadmap for the United States;
“(3) establishing a clearing house for clean hydrogen program information at the National Energy Technology Laboratory;
“(4) developing a robust clean hydrogen supply chain and workforce by prioritizing clean hydrogen demonstration projects in major shale gas regions;
“(5) establishing regional clean hydrogen hubs; and
“(6) authorizing appropriations to carry out the Department of Energy Hydrogen Program Plan, dated November 2020, developed pursuant to title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.).”
42 U.S.C. § 16152 (THE PUBLIC HEALTH AND WELFARE)
§ 16152. Definitions
In this subchapter:
(1) Clean hydrogen; hydrogen
The terms “clean hydrogen” and “hydrogen” mean hydrogen produced in compliance with the greenhouse gas emissions standard established under section 16166(a) of this title, including production from any fuel source.
(2) 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.
(3) 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.
(4) Infrastructure
The term “infrastructure” means the equipment, systems, or facilities used to produce, distribute, deliver, or store hydrogen (except for onboard storage).
(5) Light-duty vehicle
The term “light-duty vehicle” means a motor vehicle that is rated at 8,500 or less pounds gross vehicle weight.
(6) Portable; storage
The terms “portable” and “storage”, when used in reference to a fuel cell, include—
(A) continuous electric power; and
(B) backup electric power.
(7) Task Force
The term “Task Force” means the Hydrogen and Fuel Cell Technical Task Force established under section 16155 of this title.
(8) 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; Pub. L. 117–58, div. D, title III, § 40312, Nov. 15, 2021, 135 Stat. 1006.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pars. (1) to (4). Pub. L. 117–58, § 40312(2), (3), added par. (1) and redesignated former pars. (1) to (4) as (2) to (5), respectively.
Par. (5). Pub. L. 117–58, § 40312(2), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Pub. L. 117–58, § 40312(1), substituted “Portable; storage” for “Stationary; portable” in heading and “The terms ‘portable’ and ‘storage’, when” for “The terms ‘stationary’ and ‘portable’, when” in introductory provisions.
Pars. (6) to (8). Pub. L. 117–58, § 40312(2), redesignated pars. (5) to (7) as (6) to (8), respectively.
42 U.S.C. § 16161e (THE PUBLIC HEALTH AND WELFARE)
§ 16161e. Laboratory management
(a) In general
The National Energy Technology Laboratory, the Idaho National Laboratory, and the National Renewable Energy Laboratory shall continue to work in a crosscutting manner to carry out the programs established under sections 16161a and 16161c of this title.
(b) Coordination; clearinghouse
In carrying out subsection (a), the National Energy Technology Laboratory shall—
(1) coordinate with—
(A) the Idaho National Laboratory, the National Renewable Energy Laboratory, and other National Laboratories in a cross-cutting manner;
(B) institutions of higher education;
(C) research institutes;
(D) industrial researchers; and
(E) international researchers; and
(2) act as a clearinghouse to collect information from, and distribute information to, the National Laboratories and other entities described in subparagraphs (B) through (E) of paragraph (1).
(Pub. L. 109–58, title VIII, § 817, as added Pub. L. 117–58, div. D, title III, § 40314(2), Nov. 15, 2021, 135 Stat. 1014.)
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, § 818, formerly § 813, Aug. 8, 2005, 119 Stat. 855; renumbered § 818, Pub. L. 117–58, div. D, title III, § 40314(1), Nov. 15, 2021, 135 Stat. 1008.)
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, § 819, formerly § 814, Aug. 8, 2005, 119 Stat. 855; renumbered § 819, Pub. L. 117–58, div. D, title III, § 40314(1), Nov. 15, 2021, 135 Stat. 1008.)
42 U.S.C. § 16164 (THE PUBLIC HEALTH AND WELFARE)
§ 16164. Cost sharing
The costs of carrying out projects and activities under this subchapter shall be shared in accordance with section 16352 of this title.
(Pub. L. 109–58, title VIII, § 820, formerly § 815, Aug. 8, 2005, 119 Stat. 855; renumbered § 820, Pub. L. 117–58, div. D, title III, § 40314(1), Nov. 15, 2021, 135 Stat. 1008.)
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, § 821, formerly § 816, Aug. 8, 2005, 119 Stat. 855; renumbered § 821, Pub. L. 117–58, div. D, title III, § 40314(1), Nov. 15, 2021, 135 Stat. 1008.)
heading: Editorial Notes
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. § 16166 (THE PUBLIC HEALTH AND WELFARE)
§ 16166. Clean hydrogen production qualifications
(a) In general
Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this subchapter.
(b) Requirements
(1) In general
The standard developed under subsection (a) shall—
(A) support clean hydrogen production from each source described in section 16154(e)(2) of this title;
(B) define the term “clean hydrogen” to mean hydrogen produced with a carbon intensity equal to or less than 2 kilograms of carbon dioxide-equivalent produced at the site of production per kilogram of hydrogen produced; and
(C) take into consideration technological and economic feasibility.
(2) Adjustment
Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall—
(A) determine whether the definition of clean hydrogen required under paragraph (1)(B) should be adjusted below the standard described in that paragraph; and
(B) if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment.
(c) Application
The standard developed under subsection (a) shall apply to clean hydrogen production from renewable, fossil fuel with carbon capture, utilization, and sequestration technologies, nuclear, and other fuel sources using any applicable production technology.
(Pub. L. 109–58, title VIII, § 822, as added Pub. L. 117–58, div. D, title III, § 40315(a), Nov. 15, 2021, 135 Stat. 1015.)
heading: Editorial Notes
heading: Codification
text: Section 40315(a) of Pub. L. 117–58, which directed the amendment of the Energy Policy Act of 2005 by adding this section at the end, was executed by adding this section at the end of title VIII of the Act, to reflect the probable intent of Congress.