dreamproit/uscode huggingface dataset:
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
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.
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 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: Editorial Notes
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, 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.
42 U.S.C. § 16194 (THE PUBLIC HEALTH AND WELFARE)
§ 16194. Building standards
(a) Definition of high performance building
In this section, the term “high performance building” means a building that integrates and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle performance, and occupant productivity.
(b) Assessment
Not later than 120 days after August 8, 2005, the Secretary shall enter into an agreement with the National Institute of Building Sciences to—
(1) conduct an assessment (in cooperation with industry, standards development organizations, and other entities, as appropriate) of whether the current voluntary consensus standards and rating systems for high performance buildings are consistent with the current technological state of the art, including relevant results from the research, development and demonstration activities of the Department;
(2) determine if additional research is required, based on the findings of the assessment; and
(3) recommend steps for the Secretary to accelerate the development of voluntary consensus-based standards for high performance buildings that are based on the findings of the assessment.
(c) Grant and technical assistance program
Consistent with subsection (b) and section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note), the Secretary shall establish a grant and technical assistance program to support the development of voluntary consensus-based standards for high performance buildings.
(Pub. L. 109–58, title IX, § 914, Aug. 8, 2005, 119 Stat. 861.)
heading: Editorial Notes
heading: References in Text
text: Section 12(d) of the National Technology Transfer and Advancement Act of 1995, referred to in subsec. (c), is section 12(d) of Pub. L. 104–113, which is set out as a note under section 272 of Title 15, Commerce and Trade.
42 U.S.C. § 16351 (THE PUBLIC HEALTH AND WELFARE)
§ 16351. Availability of funds
Funds authorized to be appropriated to the Department under this Act or an amendment made by this Act shall remain available until expended.
(Pub. L. 109–58, title IX, § 987, Aug. 8, 2005, 119 Stat. 910.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables.
42 U.S.C. § 16353 (THE PUBLIC HEALTH AND WELFARE)
§ 16353. Merit review of proposals
(a) Awards
Awards of funds authorized under this Act or an amendment made by this Act shall be made only after an impartial review of the scientific and technical merit of the proposals for the awards has been carried out by or for the Department.
(b) Competition
Competitive awards under this Act shall involve competitions open to all qualified entities within one or more of the following categories:
(1) Institutions of higher education.
(2) National Laboratories.
(3) Nonprofit and for-profit private entities.
(4) State and local governments.
(5) Consortia of entities described in paragraphs (1) through (4).
(c) Sense of Congress
It is the sense of Congress that research, development, demonstration, and commercial application activities carried out by the Department should be awarded using competitive procedures, to the maximum extent practicable.
(Pub. L. 109–58, title IX, § 989, Aug. 8, 2005, 119 Stat. 911.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsecs. (a) and (b), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables.
42 U.S.C. § 16354 (THE PUBLIC HEALTH AND WELFARE)
§ 16354. External technical review of departmental programs
(a) National energy research and development advisory boards
(1) Establishment
The Secretary shall establish one or more advisory boards to review research, development, demonstration, and commercial application programs of the Department in energy efficiency, renewable energy, nuclear energy, and fossil energy.
(2) Alternatives
The Secretary may—
(A) designate an existing advisory board within the Department to fulfill the responsibilities of an advisory board under this section; and
(B) enter into appropriate arrangements with the National Academy of Sciences to establish such an advisory board.
(b) Use of existing committees
The Secretary shall continue to use the scientific program advisory committees chartered under the Federal Advisory Committee Act (5 U.S.C. App.) by the Office of Science to oversee research and development programs under that Office.
(c) Membership
Each advisory board under this section shall consist of persons with appropriate expertise representing a diverse range of interests.
(d) Meetings and goals
(1) Meetings
Each advisory board under this section shall meet at least semiannually to review and advise on the progress made by the respective one or more research, development, demonstration, and commercial application programs.
(2) Goals
The advisory board shall review the measurable cost and performance-based goals for the programs as established under section 16181 of this title, and the progress on meeting the goals.
(e) Periodic reviews and assessments
(1) In general
The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to conduct periodic reviews and assessments of—
(A) the research, development, demonstration, and commercial application programs authorized by this Act and amendments made by this Act;
(B) the measurable cost and performance-based goals for the programs as established under section 16181 of this title, if any; and
(C) the progress on meeting the goals.
(2) Timing
The reviews and assessments shall be conducted every 5 years or more often as the Secretary considers necessary.
(3) Reports
The Secretary shall submit to Congress reports describing the results of all the reviews and assessments.
(Pub. L. 109–58, title IX, § 990, Aug. 8, 2005, 119 Stat. 912.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (b), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
This Act, referred to in subsec. (e)(1)(A), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables.
42 U.S.C. § 16360 (THE PUBLIC HEALTH AND WELFARE)
§ 16360. Western Michigan demonstration project
The Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8-hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after August 8, 2005, and shall not impose any requirement or sanction under the Clean Air Act (42 U.S.C. 7401 et seq.) that might otherwise apply during the pendency of the demonstration project.
(Pub. L. 109–58, title IX, § 996, Aug. 8, 2005, 119 Stat. 915.)
heading: Editorial Notes
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.
42 U.S.C. § 16374 (THE PUBLIC HEALTH AND WELFARE)
§ 16374. Future growth grants
(a) Establishment
The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between—
(1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and
(2) the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset.
(b) Eligibility
To be eligible to receive a grant under this section, an entity shall—
(1) be eligible to receive credit assistance under the CIFIA program;
(2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and
(3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
(c) Use of funds
A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2).
(d) Maximum amount
The amount of a grant provided under this section may not exceed an amount equal to 80 percent of the cost of the additional capacity described in subsection (a).
(Pub. L. 109–58, title IX, § 999D, as added Pub. L. 117–58, div. D, title III, § 40304(a), Nov. 15, 2021, 135 Stat. 998.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 16374, Pub. L. 109–58, title IX, § 999D, Aug. 8, 2005, 119 Stat. 922, related to the Ultra-Deepwater Advisory Committee and Unconventional Resources Technology Advisory Committee, prior to repeal by Pub. L. 113–67, div. A, title III, § 301(a), Dec. 26, 2013, 127 Stat. 1181.
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
42 U.S.C. § 16375 (THE PUBLIC HEALTH AND WELFARE)
§ 16375. Program administration
(a) Requirement
The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program.
(b) Fees
If funding sufficient to cover the costs of services of expert firms retained pursuant to subsection (d) and all or a portion of the costs to the Federal Government of servicing the Federal credit instruments is not provided in an appropriations Act for a fiscal year, the Secretary, during that fiscal year, may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program at a level that is sufficient to cover those costs.
(c) Servicer
(1) In general
The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments.
(2) Duties
A servicer appointed under paragraph (1) shall act as the agent for the Secretary.
(3) Fee
A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary.
(d) Assistance from expert firms
The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.
(e) Expedited processing
The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the CIFIA program.
(Pub. L. 109–58, title IX, § 999E, as added Pub. L. 117–58, div. D, title III, § 40304(a), Nov. 15, 2021, 135 Stat. 999.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 16375, Pub. L. 109–58, title IX, § 999E, Aug. 8, 2005, 119 Stat. 923, related to limitations on eligibility for awards, prior to repeal by Pub. L. 113–67, div. A, title III, § 301(a), Dec. 26, 2013, 127 Stat. 1181.
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
42 U.S.C. § 16376 (THE PUBLIC HEALTH AND WELFARE)
§ 16376. State and local permits
The provision of credit assistance under the CIFIA program with respect to a project shall not—
(1) relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project;
(2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or
(3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project.
(Pub. L. 109–58, title IX, § 999F, as added Pub. L. 117–58, div. D, title III, § 40304(a), Nov. 15, 2021, 135 Stat. 999.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 16376, Pub. L. 109–58, title IX, § 999F, Aug. 8, 2005, 119 Stat. 923, terminated the authority provided by former part J on Sept. 30, 2014, prior to repeal by Pub. L. 113–67, div. A, title III, § 301(a), Dec. 26, 2013, 127 Stat. 1181.
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
42 U.S.C. § 16377 (THE PUBLIC HEALTH AND WELFARE)
§ 16377. Regulations
The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program.
(Pub. L. 109–58, title IX, § 999G, as added Pub. L. 117–58, div. D, title III, § 40304(a), Nov. 15, 2021, 135 Stat. 1000.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 16377, Pub. L. 109–58, title IX, § 999G, Aug. 8, 2005, 119 Stat. 923, defined terms for former part J, prior to repeal by Pub. L. 113–67, div. A, title III, § 301(a), Dec. 26, 2013, 127 Stat. 1181.
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.