Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989
PL 101-218 (S.488), enacted 12/11/1989

PUBLIC LAW 101-218—DEC. 11, 1989 
103 STAT. 1859 
Public Law 101-218 
101st Congress 
An Act 
To provide Federal assistance and leadership to a program of research, development, 
and demonstration of renewable energy and energy efficiency technologies, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be referred to as the "Renewable Energy and Energy Efficiency 
Technology Competitiveness Act of 1989". 
SEC. 2. FINDING, PURPOSE, AND GENERAL AUTHORITY. 
(a) FINDING.—The Congress finds that it is in the national security 
and economic interest of the United States to foster greater effi-
ciency in the use of available energy supplies and greater use of 
renewable energy technologies. 
(b) PURPOSE.—It is the purpose of this Act to authorize the Sec-
retary of Energy, acting in accordance with 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, 
to pursue an aggressive national program of research, development, 
and demonstration of renewable energy and energy efficiency tech-
nologies in order to ensure a stable and secure future energy supply 
b y -
(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 research and development efforts 
involving the private sector through government support of a 
program of joint ventures. 
(c) GENERAL AUTHORITY.—The Secretary, acting in accordance 
with 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 dem-
onstration, including the use of joint ventures with the 
private sector, to achieve the purpose of this Act, including 
the goals established under section 4; and 
(B) undertake joint ventures as provided in section 6; and 
(2) is authorized to undertake, from time to time, joint ven-
tures in technology areas other than those set forth in section 
6(c), subject to the conditions set forth in section 6(b). 
SEC. 3. DEFINITIONS. 
As used in this Act— 
Dec. 11, 1989 
[S. 488] 
Renewable 
Energy and 
Energy 
Efficiency 
Technology 
Competitiveness 
Act of 1989. 
Business and 
industry. 
Conservation. 
Corporations. 
42 u s e 12001 
note. 
42 u s e 12001. 
42 u s e 12002. 
103 STAT. 1860 
PUBLIC LAW 101-218—DEC. 11, 1989 
(1) the term "invention" means an invention or discovery that 
is patented or for which a patent may be obtained under title 35, 
United States Code, or any novel variety of plant that is pro-
tected 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 Act; 
(2) "joint venture" means any agreement entered into under 
this Act by the Secretary with more than one or a consortium of 
non-Federal persons (including a joint venture under the Na-
tional Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.)) 
for cost-shared research, development, or demonstration of tech-
nologies, 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, United States Code; 
(3) 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; 
(4) the term "Secretary" means the Secretary of Energy; 
(5) the term "small business", with respect to a participant in 
any joint venture under this Act, means a private firm that does 
not exceed the numerical size standard promulgated by the 
Small Business Administration under section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)) for the Standard Industrial 
Classification (SIC) code designated by the Secretary of Energy 
as the primary business activity to be undertaken in the ven-
ture; and 
(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. 
42 u s e 12003. 
SEC. 4. NATIONAL GOALS AND MULTI-YEAR FUNDING FOR FEDERAL 
WIND, PHOTOVOLTAICS, AND SOLAR THERMAL PROGRAMS. 
(a) NATIONAL GOALS.—The following are declared to be the na-
tional 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 opportuni-
ties 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; 
PUBLIC LAW 101-218—DEC. 11, 1989 
103 STAT. 1861 
(iii) increasing the basic knowledge of aerodynamics, 
structural dynamics, fatigue, and electrical systems inter-
actions 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 Photo-
voltaic 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 Pro-
gram 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 manufactur-
ing costs to $800 per kilowatt by 1995; and 
(iv) increase cost efficiency of photovoltaic power produc-
tion 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 pro-
mote 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 avail-
able; 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 Pro-
gram 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) OTHER TECHNOLOGIES.—The Secretary shall submit to the 
Congress, as part of the first report submitted under section 9, 
recommendations for specific cost goals and other pertinent 
goals for 1995 for Department of Energy research, development, 
and demonstration programs in Biofuels Energy Systems, 
Hydrogen Energy Systems, Solar Buildings Energy Systems, 
103 STAT. 1862 
PUBLIC LAW 101-218—DEC. 11, 1989 
Ocean Energy Systems, Geothermal Energy Systems, Low-Head 
Hydro, and Energy Storage Systems. 
Reports. 
(b) AMENDED GoALS.—Whenever the Secretary determines that 
any of the goals established under this section is no longer appro-
priate, the Secretary shall notify Congress, as part of a report 
submitted under section 9, of the reason for the determination and 
provide an amended goal that is consistent with the purpose stated 
in section 2(b). 
(c) AUTHORIZATIONS.—There are authorized to be appropriated to 
the Secretary for the following renewable energy research, develop-
ment, 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 Build-
ings 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; 
(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; and 
(3) 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. 
Each of the President's annual budget requests submitted to Con-
gress after the date of enactment of this Act shall include as 
separate line items each of the categories of renewable energy 
programs described in this subsection. 
42 use 12004. 
SEC. 5. ENERGY EFFICIENCY AUTHORIZATIONS. 
There are authorized to be appropriated to the Secretary for the 
following energy efficiency research, development, and demonstra-
tion 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; 
(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; and 
PUBLIC LAW 101-218—DEC. 11, 1989 
103 STAT. 1863 
(3) 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. 
SEC. 6. JOINT VENTURES. 
42 USC 12005. 
(a) FINDINGS AND PURPOSE.— 
(1) FINDINGS.—For purposes of this section. Congress finds 
that joint ventures can— 
(A) improve coordination in technology development 
among firms in industries attempting to commercialize 
renewable energy and energy efficiency technologies; 
(B) facilitate transfer of renewable energy and energy 
efficiency technologies, including critical enabling tech-
nologies, to the private sector; and 
(C) enhance the ability of domestic firms to compete with 
foreign enterprises in sales of renewable energy and energy 
efficiency technologies. 
(2) PURPOSE.—The purpose of this section is to direct the 
Secretary to make use of joint ventures to further commer-
cialization of renewable energy and energy efficiency tech-
nologies. 
(b) JOINT VENTURES.— 
(1) ESTABLISHMENT.—The Secretary shall solicit proposals for 
joint ventures in each of the technology areas under subsection 
(c). The Secretary shall select at least one joint venture in each 
of those technology areas, unless no qualified proposals in that 
area are received. Each joint venture selected under this section 
shall include at least one for-profit business. Research and 
development activities supported under this section shall be 
performed in the United States. Each joint venture under this 
section shall require the manufacture 
and 
reproduction, 
substantially within the United States, for commercial sale of 
any invention that may result from the joint venture. 
(2) COST SHARING.— 
(A) The Secretary shall require at least 50 percent of the 
costs directly and specifically related to any joint venture 
under this section, including cash, personnel, services, 
equipment, and other resources, to be provided from non-
Federal sources. 
(B) The Secretary may reduce the amount of the costs 
required to be provided by any joint venture under subpara-
graph (A) upon application if the Secretary determines 
that— 
(i) the joint venture is composed exclusively of small 
businesses or of small businesses and nonprofit entities; 
and 
(ii) the reduction is appropriate and necessary for the 
successful operation of the proposed joint venture. 
(C) The extent of cost sharing provided under proposals 
shall be a criterion for selection of proposals under this 
section. 
(8) ADVISORY COMMITTEE.—(A) The Secretary shall establish 
an Advisory Committee on Renewable Energy and Energy Effi-
ciency Joint Ventures (hereafter in this Act referred to as the 
"Advisory Committee") to advise the Secretary on the develop-
103 STAT. 1864 
PUBLIC LAW 101-218—DEC. 11, 1989 
Public 
information. 
Appropriation 
authorization. 
ment of the solicitation and evaluation criteria for joint ven-
tures, and on otherwise carrying out his responsibilities under 
this section. The Secretary shall appoint members to the Ad-
visory Committee, including at least one member represent-
ing— 
(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. 
The Advisory Committee may establish such subcommittees as 
it considers necessary to carry out this Act. 
(B) The Advisory Committee, within 120 days after its 
establishment, shall provide the Secretary with recommenda-
tions regarding the structure and selection criteria for a solicita-
tion of proposals for joint ventures. The Advisory Committee 
shall also advise the Secretary from time to time on the im-
plementation of the joint venture program. Recommendations 
of the Advisory Committee shall be available to the public. 
(4) DRAFT SOLICITATION AND PUBLIC COMMENT.—The Secretary 
shall issue a draft solicitation for joint ventures by September 
30, 1990. After such draft solicitation has been issued, the 
Secretary shall provide for a period of public comment before 
the issuance of a final solicitation. 
(5) PROTECTION OF PROPRIETARY RIGHTS.—Joint ventures, 
participants in joint ventures, and inventions developed as a 
result of joint ventures under this section shall be subject to 
section 5 of the Steel and Aluminum Energy Conservation and 
Technology Competitiveness Act of 1988 (15 U.S.C. 5104). 
(c) TECHNOLOGIES.— 
(1) PHOTOvoLTAics TECHNOLOGY.—(A) The Secretary shall so-
licit proposals for and provide financial assistance to at least 
one joint venture for the demonstration of photovoltaic conver-
sion of solar energy in accordance with the provisions of this 
paragraph. 
(B) The purpose of joint ventures supported under this para-
graph shall be to design, test, and demonstrate critical enabling 
technologies for photovoltaic conversion of solar energy so as to 
achieve, to the maximum extent practicable, the goals of the 
Photovoltaic Energy Systems Program set forth in section 
4(a)(2), as those goals may be amended under section 4(b). 
(C) There are authorized to be appropriated to the Secretary 
not to exceed $2,700,000 for each of the fiscal years 1991, 1992, 
and 1993 to carry out this paragraph. 
(2) WIND ENERGY TECHNOLOGY.—(A) The Secretary shall solicit 
proposals for and provide financial assistance to at least one 
joint venture for the demonstration of the conversion of wind 
energy in accordance with the provisions of this paragraph. 
(B) The purpose of joint ventures supported under this para-
graph shall be to design, test, and demonstrate critical enabling 
PUBLIC LAW 101-218—DEC. 11, 1989 
103 STAT. 1865 
technologies for the conversion of wind energy so as to achieve, 
to the maximum extent practicable, the goals of the Wind 
Energy Research Program set forth in section 4(a)(1), as those 
goals may be amended under section 4(b). 
(C) There are authorized to be appropriated to the Secretary 
not to exceed $2,700,000 for each of the fiscal years 1991, 1992, 
and 1993 to carry out this paragraph. 
(3) SOLAR THERMAL TECHNOLOGY.—(A) The Secretary shall 
solicit proposals for and provide financial assistance to at least 
one joint venture for the demonstration of the use of solar 
thermal energy in accordance with the provisions of this 
paragraph. 
(B) The purpose of joint ventures supported under this para-
graph shall be to design, test, and demonstrate critical enabling 
technologies for the use of solar thermal energy so as to achieve, 
to the maximum extent practicable, the goals of the Solar 
Thermal Energy Systems Program set forth in section 4(a)(3), as 
those goals may be amended under section 4(b). 
(C) There are authorized to be appropriated to the Secretary 
not to exceed $2,400,000 for each of the fiscal years 1991, 1992, 
and 1993 to carry out this paragraph. 
(4) FACTORY-MADE HOUSING.—(A) The Secretary shall solicit 
proposals for and provide financial assistance to at least one 
joint venture in order to establish regional projects to develop or 
demonstrate techniques to improve the energy performance of 
factory-made housing offered by United States firms. In locating 
projects under this paragraph, the Secretary shall consider 
regional differences in housing needs, housing design, construc-
tion technique, marketing practices, and construction materials. 
(B) Projects supported pursuant to this paragraph shall be 
designed to demonstrate state-of-the-art product quality, energy 
efficiency, and adaptability to renewable forms of energy of 
factory-made housing offered for sale in the United States. Such 
projects shall— 
(i) be structured to demonstrate improvements in housing 
design, fabrication, delivery systems, construction proc-
esses, and marketing; 
(ii) develop a detailed characterization of the needs of the 
home building industry; 
(iii) establish a close working relationship with all sectors 
of the home building industry; and 
(iv) be coordinated to pool and conserve resources. 
(C) There are authorized to be appropriated to the Secretary 
not to exceed $5,000,000 for each of the fiscal years 1991, 1992, 
and 1993 to carry out this paragraph. 
(5) ADVANCED DISTRICT COOLING TECHNOLOGY.—(A) The Sec-
retary shall solicit proposals for and provide financial assistance 
to at least one joint venture for the demonstration of advanced 
district cooling technologies that are applicable in cities with 
high cooling loads, in accordance with the provisions of this 
paragraph. 
(B) The purpose of joint ventures supported under this para-
graph shall be to develop technical strategies for decreasing the 
capital cost and increasing the energy efficiency of major dis-
trict heating and cooling system components and to assist in 
making district cooling available to local governments. 
Appropriation 
authorization. 
Appropriation 
authorization. 
Appropriation 
authorization. 
Urban areas. 
State and local 
governments. 
103 STAT. 1866 
PUBLIC LAW 101-218—DEC. 11, 1989 
(C) The Secretary shall select a city or cities for application of 
advanced district cooling technologies developed by joint ven-
tures supported under this paragraph. The activities to be 
carried out in such application shall include district cooling 
assessment, feasibility, and engineering design studies. 
Appropriation 
(D) There are authorized to be appropriated to the Secretary 
authorization. 
^ot to exceed $1,000,000 for each of the fiscal years 1991, 1992, 
and 1993 to carry out this paragraph. 
(d) SECRETARIAL DISCRETION.—(1) If the Secretary, based on the 
recommendations of the Advisory Committee under subsection 
(b)(3)(B), with respect to a technology described in paragraph (1), (2), 
(3), (4), or (5) of subsection (c), determines, that— 
(A) there is insufficient private sector interest in joint ven-
tures for the demonstration of such technology to satisfy the 
requirement of subsection (b)(2); or 
(B) such joint ventures will substantially substitute for re-
search, development, and demonstration activities already fi-
nanced by the private sector, 
then the Secretary shall not be subject to the requirements of this 
section with respect to the technology described in such paragraph, 
and the Secretary shall notify Congress and provide a written 
explanation of the reasons for the determination. 
(2) Promptly after notifying the Congress under paragraph (1), the 
Secretary shall consult with the Advisory Committee, and, based on 
the recommendations of such Committee, shall promptly transmit to 
Congress a plan for the selection of a substitute field or technology 
in which to solicit joint ventures that develop or demonstrate, 
consistent with this section, an alternative renewable energy or 
energy efficiency technology so as to accomplish the purpose of this 
Act. Any unexpended funds authorized to be appropriated under 
subsection (c) for joint ventures with respect to which a determina-
tion is made under paragraph (1) may be used for a substitute joint 
venture selected under this paragraph. 
(3) When 30 calendar days have elapsed after transmittal of a plan 
under paragraph (2), the Secretary shall proceed with solicitations 
for joint ventures appropriate to that plan as if such joint ventures 
were required under subsection (c). 
(e) ADDITIONAL JOINT VENTURES.—(1) The Secretary shall rec-
ommend to the Congress three additional joint ventures in the fields 
of renewable energy or energy efficiency technologies for fiscal year 
1993. Each proposed project shall be described in sufficient detail to 
support congressional authorization. 
(2) In selecting proposed projects under this subsection, the Sec-
retary shall consider the recommendations of the Advisory Commit-
tee, and shall take into account the extent to which such projects 
will contribute to earlier commercialization of key technologies than 
might not occur without Federal support under this subsection, and 
the extent to which such projects will contribute to the competitive-
ness of United States firms engaged in international trade in renew-
able energy or energy efficiency technologies. 
(3) Joint ventures supported pursuant to a recommendation under 
this subsection shall be carried out as if they were required under 
subsection (c). 
PUBLIC LAW 101-218—DEC. 11, 1989 
103 STAT. 1867 
SEC. 7. RENEWABLE ENERGY EXPORTS. 
(a) DISSEMINATION OF INFORMATION; ACCESS TO FOREIGN MAR-
KETS.—Section 256(cX2)(D) of the Energy Policy and Conservation 
Act (42 U.S.C. 6276(c)(2XD)) is amended— 
(1) in clause (i), by inserting after "commerce," the following: 
"and to potential end users, including other industry sectors in 
foreign countries such as health care, rural development, 
communications, and refrigeration, and others,"; and 
(2) in clause (ii), by striking "export opportunities" and insert-
ing in lieu thereof "export and export financing opportunities". 
(b) AUTHORIZATION AND PROGRAM.—Section 256(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6276(d)) is amended— 
(1) by inserting "(1)" after "(d)"; and 
(2) by adding at the end the following new paragraph: 
"(2) The interagency group shall establish a program to inform 
other countries of the benefits of policies that would allow small 
facilities which produce renewable energy to compete effectively 
with producers of energy from nonrenewable sources.". 
(c) REPORT, FUNCTIONS, AND AUTHORIZATIONS.—Section 256 of the 
Energy Policy and Conservation Act (42 U.S.C. 6276) is amended by 
adding at the end the following new subsections: 
"(e) The interagency working group established under subsection 
(d) shall annually report to Congress, describing the actions of each 
agency represented by a member of the working group taken during 
the previous fiscal year to achieve the purposes of such working 
group and of this section. Such report shall describe the exports of 
renewable energy technology that have occurred as a result of such 
agency actions. 
"(f)(1) The interagency working group shall— 
"(A) establish, in consultation with representatives of affected 
industries, a plan to increase United States exports of renew-
able energy technologies, and include in such plan rec-
ommended guidelines for agencies that are represented on the 
working group with respect to the financing of, or other actions 
they can take within their programs to promote, exports of such 
renewable energy technologies; 
"(B) develop, in consultation with representatives of affected 
industries, recommended administrative guidelines for Federal 
export loan programs to simplify application by firms seeking 
export assistance for renewable energy technologies from agen-
cies implementing such programs; and 
"(C) recommend specific renewable energy technology mar-
kets for primary emphasis by Federal export loan programs, 
development programs, and private sector assistance programs. 
"(2) The interagency working group shall include a description of 
the plan established under paragraph (1)(A) in no later than the 
second report submitted under subsection (e), and shall include in 
subsequent reports a description of any modifications to such plan 
and of the progress in implementing the plan. 
"(g) For purposes of this section, the term 'renewable energy' 
includes energy efficiency to the extent it is a part of a renewable 
energy system or technology. 
"(h) There are authorized to be appropriated to the Secretary for 
activities of the interagency working group established under 
subsection (d) not to exceed— 
"(1) $3,000,000 for fiscal year 1991; 
Health and 
medical care. 
Rural areas. 
Communications 
and tele-
communications. 
Appropriation 
authorization. 
103 STAT. 1868 
PUBLIC LAW 101-218—DEC. 11, 1989 
22 use 2194. 
Grants. 
Small business. 
42 u s e 12006. 
"(2) $3,300,000 for fiscal year 1992; and 
"(3) $3,600,000 for fiscal year 1993.". 
SEC. 8. RENEWABLE ENERGY AND ENERGY EFFICIENCY. 
(a) DISSEMINATION OF INFORMATION.—Section 523 of the National 
Energy Conservation Policy Act (42 U.S.C. 8243) is amended by 
adding a new subsection (d) as follows: 
"(d) In order to more widely disseminate information about the 
program under this part and under part 3 and the benefits of 
renewable energy and energy efficiency technology, the Secretary 
shall establish a program which includes site visits and technical 
briefings, to disseminate such information to Federal procurement 
officers and Federal loan officers. The Secretary shall utilize avail-
able funds for the program under this subsection.". 
(b) DEPARTMENT OF DEFENSE HOUSING.—Section 2857(b)(1) of title 
10, United States Code, is amended by striking "significant savings 
of fossil-fuel-derived energy" and inserting in lieu thereof "reduced 
energy costs". 
(c) OVERSEAS PRIVATE INVESTMENT CORPORATION LOANS.—Section 
234(e) of the Foreign Assistance Act of 1961 is amended— 
(1) in the first sentence, by inserting after "cooperatives" the 
following: "and including the initiation of incentives, grants, 
and studies for renewable energy and other small business 
activities"; and 
(2) by adding at the end thereof the following new sentence: 
"Administrative funds may not be made available for incen-
tives, grants, and studies for renewable energy and other small 
business activities.". 
SEC. 9. REPORTS. 
(a) REPORT BY THE SECRETARY.—One year after the date of the 
enactment of this Act and annually thereafter, the Secretary shall 
report to Congress on the programs, projects, and joint ventures 
supported under this Act and the progress being made toward 
accomplishing the goals and purposes set forth in this Act. 
(b) 
NATIONAL RENEWABLE ENERGY AND ENERGY 
EFFICIENCY 
MANAGEMENT PLAN.— 
(1) The Secretary, in consultation with the Advisory Commit-
tee, shall prepare a management plan to be administered and 
carried out by the Secretary in the conduct of activities under 
this Act. 
(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 Act, 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 Act; and 
(B) in meeting competition from foreign suppliers of prod-
ucts derived from renewable energy and energy efficiency 
technologies. 
(4) The plan shall address the role of federally-assisted re-
search, development, and demonstration in the achievement of 
applicable national policy goals of the National Energy Policy 
Plan required under section 801 of the Department of Energy 
Organization Act (42 U.S.C. 7321). 
PUBLIC LAW 101-218—DEC. 11, 1989 
103 STAT. 1869 
(5) The plan shall accompany the President's annual budget 
submission to the Congress. 
(c) REPORT ON OPTIONS.—As part of the first report submitted 
under subsection (a), 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 pro-
grams of the Department of Energy that are near commercial 
application. 
SEC. 10. NO ANTITRUST IMMUNITY OR DEFENSES. 
42 USC 12007. 
Nothing in this Act 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 1 of the Clajrton Act (15 
U.S.C. 12), as amended. 
Approved December 11, 1989. 
LEGISLATIVE HISTORY—8. 488 (H.R. 1216): 
HOUSE REPORTS: No. 101-308, Pt. 1 (Ctomm. on Science, Space, and Technology) and 
Ft. 2 (Comm. on Energy and Commerce), both accompanjring 
H.R. 1216. 
SENATE REPORTS: No. 101-107 (Conmi. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Sept. 22, considered and passed Senate. 
Nov. 17, H.R. 1216 considered and passed House; proceedings vacated and 
S. 488, amended, passed in lieu. Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Dec. 11, Presidential statement.