US (United States) Code. Title 42. Chapter 134: Energy policy

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC Sec. 13366 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13366. National clearinghouse

-STATUTE-

(a) Feasibility

(1) The Secretary shall assess the feasibility of establishing a

national clearinghouse for the exchange and dissemination of

technical information on technology relating to coal and

coal-derived fuels.

(2) In assessing the feasibility, the Secretary shall consider

whether such a clearinghouse would be appropriate for purposes of -

(A) collecting information and data on technology relating to

coal, and coal-derived fuels, which can be utilized to improve

environmental quality and increase energy independence;

(B) disseminating to appropriate individuals, governmental

departments, agencies, and instrumentalities, institutions of

higher education, and other entities, information and data

collected pursuant to this section;

(C) maintaining a library of technology publications and

treatises relating to technology information and data collected

pursuant to this section;

(D) organizing and conducting seminars for government

officials, utilities, coal companies, and other entities or

institutions relating to technology using coal and coal-derived

fuels that will improve environmental quality and increase energy

independence;

(E) gathering information on research grants made for the

purpose of improving or enhancing technology relating to the use

of coal, and coal-derived fuels, which will improve environmental

quality and increase energy independence;

(F) translating into English foreign research papers, articles,

seminar proceedings, test results that affect, or could affect,

clean coal use technology, and other documents;

(G) encouraging, during the testing of technologies, the use of

coal from a variety of domestic sources, and collecting or

developing, or both, complete listings of test results using

coals from all sources;

(H) establishing and maintaining an index or compilation of

research projects relating to clean coal technology carried out

throughout the world; and

(I) conducting economic modeling for feasibility of projects.

(b) Authority to establish clearinghouse

Based upon the assessment under subsection (a) of this section,

the Secretary may establish a clearinghouse.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1337, Oct. 24, 1992, 106 Stat.

2985.)

-End-

-CITE-

42 USC Sec. 13367 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13367. Coal exports

-STATUTE-

(a) Plan

Within 180 days after October 24, 1992, the Secretary of

Commerce, in cooperation with the Secretary and other appropriate

Federal agencies, shall submit to the appropriate committees of the

House of Representatives and the Committee on Energy and Natural

Resources of the Senate a plan for expanding exports of coal mined

in the United States.

(b) Plan contents

The plan submitted under subsection (a) of this section shall

include -

(1) a description of the location, size, and projected growth

in potential export markets for coal mined in the United States;

(2) the identification by country of the foreign trade barriers

to the export of coal mined in the United States, including

foreign coal production and utilization subsidies, tax treatment,

labor practices, tariffs, quotas, and other nontariff barriers;

(3) recommendations and a plan for addressing any such trade

barriers;

(4) an evaluation of existing infrastructure in the United

States and any new infrastructure requirements in the United

States to support an expansion of exports of coal mined in the

United States, including ports, vessels, rail lines, and any

other supporting infrastructure; and

(5) an assessment of environmental implications of coal exports

and the identification of export opportunities for blending coal

mined in the United States with coal indigenous to other

countries to enhance energy efficiency and environmental

performance.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1338, Oct. 24, 1992, 106 Stat.

2986.)

-End-

-CITE-

42 USC Sec. 13368 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13368. Ownership of coalbed methane

-STATUTE-

(a) Federal lands and mineral rights

In the case of any deposit of coalbed methane where the United

States is the owner of the surface estate or where the United

States has transferred the surface estate but reserved the

subsurface mineral estate, the Secretary of the Interior shall

administer this section. This section and the definitions contained

herein shall be applicable only on lands within Affected States.

(b) Affected States

Not later than 180 days after October 24, 1992, the Secretary of

the Interior, with the participation of the Secretary of Energy,

shall publish in the Federal Register a list of Affected States

which shall be comprised of States -

(1) in which the Secretary of the Interior, with the

participation of the Secretary of Energy, determines that

disputes, uncertainty, or litigation exist, regarding the

ownership of coalbed methane gas;

(2) in which the Secretary of the Interior, with the

participation of the Secretary of Energy, determines that

development of significant deposits of coalbed methane gas is

being impeded by such existing disputes, uncertainty, or

litigation regarding ownership of such coalbed methane;

(3) which do not have in effect a statutory or regulatory

procedure or existing case law permitting and encouraging the

development of coalbed methane gas within that State; and

(4) which do not have extensive development of coalbed methane

gas.

The Secretary of the Interior, with the participation of the

Secretary of Energy, shall revise such list of Affected States from

time to time. Any Affected State shall be deleted from the list of

Affected States upon the receipt by the Secretary of the Interior

of a Governor's petition requesting such deletion, a State law

requesting such deletion, or a resolution requesting such deletion

enacted by the legislative body of the State. A Governor intending

to petition the Secretary of the Interior to delete a State from

the list of Affected States shall provide the State's legislative

body with 6 months notice of such petition during a legislative

session. At the end of such 6-month period, the Governor may

petition the Secretary of the Interior to delete a State from the

list of Affected States, unless during such 6-month period, the

State's legislative body has enacted a law or resolution

disapproving the Governor's petition. Until the Secretary of the

Interior, with the participation of the Secretary of Energy,

publishes a different list, the States of West Virginia,

Pennsylvania, Kentucky, Ohio, Tennessee, Indiana, and Illinois

shall be the Affected States, effective on October 24, 1992. The

States of Colorado, Montana, New Mexico, Wyoming, Utah, Virginia,

Washington, Mississippi, Louisiana, and Alabama shall not be

included on the Secretary of the Interior's list of Affected States

or any extension or revision thereof.

(c) Failure to adopt statutory or regulatory procedure

If an Affected State has not placed in effect, by statute or by

regulation, a substantial program promoting the permitting,

drilling and production of coalbed methane wells (including pooling

arrangements) within that State within 3 years after becoming an

Affected State, the Secretary of the Interior, with the

participation of the Secretary of Energy, shall administer this

section and shall promulgate such regulations as are necessary to

carry out this section in that State.

(d) Implementation by Secretary of the Interior

In implementing this section, the Secretary of the Interior, with

the participation of the Secretary of Energy, shall -

(A) consider existing and future coal mining plans,

(B) preserve the mineability of coal seams, and

(C) provide for the prevention of waste and maximization of

recovery of coal and coalbed methane gas in a manner which will

protect the rights of all entities owning an interest in such

coalbed methane resource.

(e) Spacing

Except where State law in an Affected State contains existing

spacing requirements regarding the minimum distance between coalbed

methane wells and the minimum distance of a coalbed methane well

from a property line, the Secretary of the Interior shall establish

such requirements within 90 days after the assertion of

jurisdiction pursuant to subsection (c) of this section.

(f) Spacing units

Applications to establish spacing units for the drilling and

operation of coalbed methane gas wells may be filed by any entity

claiming a coalbed methane ownership interest within a proposed

spacing unit. Upon receipt and approval of an application, the

Secretary of the Interior shall issue an order establishing the

boundaries of the coalbed methane spacing unit. Spacing units shall

generally be uniform in size.

(g) Development under pooling arrangement

Following issuance of an order establishing a spacing unit under

subsection (f) of this section, and pursuant to an application for

pooling filed by the entity claiming a coalbed methane ownership

interest and proposing to drill a coalbed methane gas well, the

Secretary of the Interior shall hold a hearing to consider the

application for pooling and shall, if the criteria of this section

are met, issue an order allowing the proposed pooling of acreage

within the designated spacing unit for purposes of drilling and

production of coalbed methane from the spacing unit. The pooling

order shall not be issued before notice or a reasonable and

diligent effort to provide notice has been made to each entity

which may claim an ownership interest in the coalbed methane gas

within such spacing unit and each such entity has been offered an

opportunity to appear before the Secretary of the Interior at the

hearing. Upon issuance of a pooling order, each owner or claimant

of an ownership interest shall be allowed to make one of the

following elections:

(1) An election to sell or lease its coalbed methane ownership

interest to the unit operator at a rate determined by the

Secretary of the Interior as set forth in the pooling order.

(2) An election to become a participating working interest

owner by bearing a share of the risks and costs of drilling,

completing, equipping, gathering, operating (including all

disposal costs), plugging and abandoning the well, and receiving

a share of production from the well.

(3) An election to share in the operation of the well as a

nonparticipating working interest owner by relinquishing its

working interest to participating working interest owners until

the proceeds allocable to its share equal 300 percent of the

share of such costs allocable to its interest. Thereafter, the

nonparticipating working interest owner shall become a

participating working interest owner.

The pooling order shall designate a unit operator who shall be

authorized to drill and operate the spacing unit. The pooling order

shall provide that any entity claiming an ownership interest in the

coalbed methane within such spacing unit which does not make an

election under the pooling order shall be deemed to have leased its

coalbed methane interest to the unit operator under such terms and

conditions as the pooling order may provide. No pooling order may

be issued under this paragraph for any spacing unit if all entities

claiming an ownership interest in the coalbed methane in the

spacing unit have entered into a voluntary agreement providing for

the drilling and operation of the coalbed methane gas well for the

spacing unit.

(h) Escrow account

(1) Each pooling order issued under subsection (g) of this

section shall provide for the establishment of an escrow account

into which the payment of costs and proceeds attributable to the

conflicting interests shall be deposited and held for the interest

of the claimants as follows:

(A) Each participating working interest owner, except for the

unit operator, shall deposit in the escrow account its

proportionate share of the costs allocable to the ownership

interest claimed by each such participating working interest

owner as set forth in the pooling order issued by the Secretary

of the Interior.

(B) The unit operator shall deposit in the escrow account all

proceeds attributable to the conflicting interests of lessees,

plus all proceeds in excess of ongoing operational expenses

(including reasonable overhead costs) attributable to conflicting

working interests.

(2) The Secretary of the Interior shall order payment of

principal and accrued interest from the escrow account to all

legally entitled entities within 30 days of receipt by the

Secretary of the Interior of notification of the final legal

determination of entitlement or upon agreement of all entities

claiming an ownership interest in the coalbed methane gas. Upon

such final determination -

(A) each legally entitled participating working interest owner

shall receive a proportionate share of the proceeds attributable

to the conflicting ownership interest;

(B) each legally entitled nonparticipating working interest

owner shall receive a proportionate share of the proceeds

attributable to the conflicting ownership interest, less the cost

of being carried as a nonparticipating working interest owner (as

determined by the election of the entity under the applicable

pooling order);

(C) each entity leasing (or deemed to have leased) its coalbed

methane ownership interest to the unit operator shall receive a

share of the royalty proceeds (as set out in the applicable

pooling order) attributable to the conflicting interests of

lessees; and

(D) the unit operator shall receive the costs contributed to

the escrow account by each legally entitled participating working

interest owner.

The Secretary of the Interior shall enact rules and regulations for

the administration and protection of funds delivered to the escrow

accounts.

(i) Approval of Secretary of the Interior

No entity may drill any well for the production of coalbed

methane gas from a coal seam, subject to the provisions of

subsection (g) of this section, in an Affected State unless the

drilling of such well has been approved by the Secretary of the

Interior.

(j) Authorization to stimulate coal seam

(1) No operator of a coalbed methane well may stimulate a coal

seam without the written consent of each entity which, at the time

that the coalbed methane operator applies for a drilling permit, is

operating a coal mine, or has by virtue of his property rights in

the coal the ability to operate a coal mine, located within a

horizontal or vertical distance from the point of stimulation as

established by the Secretary of the Interior pursuant to paragraph

(3) of this subsection. In seeking the coal operator's consent, a

coalbed methane well operator shall provide the coal operator with

necessary information about such stimulation, including relevant

information to ensure compliance with coal mine safety laws and

rules.

(2) In the absence of a written consent pursuant to paragraph (1)

and at the request of a coalbed methane operator, the Secretary of

the Interior shall make a determination regarding stimulation of a

coal seam. Such request shall include an affidavit which shall -

(A) state that an entity from which consent is required

pursuant to paragraph (1) has refused to provide written consent;

(B) set forth in detail the efforts undertaken by the applicant

to obtain such written consent;

(C) state the known reasons for the consent not being provided;

(D) set forth the conditions and compensation, if any, offered

by the applicant as part of the efforts to obtain consent; and

(E) provide prima facie evidence that the method of stimulation

proposed by the coalbed methane operator will not (i) cause

unreasonable loss or damage to the coal seam considering all

factors, including the prospect, taking into consideration the

economics of the coal industry, that coal seams for which no

actual or proposed mining plans exist will be mined at some

future date, or (ii) violate mine safety requirements. If a

denial of consent by a coal operator is based on reasons related

to safety, the Secretary of the Interior shall seek the views and

recommendations of the appropriate State or Federal coal mine

safety agency. Any determination by the Secretary of the Interior

shall be in accordance with all applicable Federal and State coal

mine safety laws and such views and recommendations. A

determination by the Secretary of the Interior approving a method

of stimulation may include reasonable conditions including, but

not limited to, conditions to mitigate, to the extent

practicable, economic damage to the coal seam. Any determination

approving or denying a method of stimulation by the Secretary of

the Interior shall be subject to appeal. Interested entities

shall be allowed to participate in and comment on proceedings

under this paragraph.

(3) The Secretary of the Interior shall by rule establish, for an

Affected State, a region thereof, or a multi-State region comprised

of Affected States, the boundaries within which a coalbed methane

operator shall be required to obtain written consent from a coal

operator pursuant to paragraph (1). Such boundaries shall be stated

in terms of a horizontal and a vertical distance from the point of

stimulation and shall be determined based on an evaluation of the

maximum length, height and depth of fracture producible in a coal

seam in such Affected State, region thereof, or multi-State region

comprised of Affected States.

(4) The consent required under this subsection shall in no way be

deemed to impair, abridge, or affect any contractual rights or

objections arising out of a coalbed methane gas contract or coalbed

methane gas lease in existence as of October 24, 1992,(!1) between

the coalbed methane operator and the coal operator, and the

existence of such lease or contractual agreement and any extensions

or renewals of such lease shall be deemed to fully meet the

requirements of this section.

(5) Nothing in this subsection precludes either a coal operator

or a coalbed methane operator from seeking in the appropriate State

forum compensation for the consequences of a determination by the

Secretary of the Interior pursuant to paragraph (2).

(k) Notice and objection

(1) The Secretary of the Interior shall not approve the drilling

of any coalbed methane well unless the unit operator has notified

each entity which is operating, or has the ability, by virtue of

his property rights in the coal, to operate, a coal mine in any

portion of the coalbed that would be affected by such well within

the distances established pursuant to the rules promulgated under

subsection (j)(3) of this section. Any notified entity may object

to the drilling of such well within 30 days after receipt of a

notice. Upon receipt of a timely objection to the drilling of any

coalbed methane gas well submitted by a notified entity, the

Secretary of the Interior may refuse to approve the drilling of the

well based on any of the following:

(A) The proposed activity, due to its proximity to any coal

mine opening, shaft, underground workings, or to any proposed

extension of the coal mine, would adversely affect any operating,

inactive or abandoned coal mine, including any coal mine already

surveyed and platted but not yet being operated.

(B) The proposed activity would not conform with a coal

operator's development plan for an existing or proposed

operation.

(C) There would be an unreasonable interference from the

proposed activity with present or future coal mining operations,

including the ability to comply with other applicable laws and

regulations.

(D) The presence of evidence indicating that the proposed

drilling activities would be unsafe, taking into consideration

the dangers from creeps, squeezes or other disturbances due to

the extraction of coal.

(E) The proposed activity would unreasonably interfere with the

safe recovery of coal, oil and gas.

(2) In the event the Secretary of the Interior does not approve

the drilling of a coalbed methane well pursuant to paragraph (1),

the Secretary of the Interior shall consider whether such drilling

could be approved if the unit operator modifies the proposed

activities to take into account any of the following:

(A) The proposed activity could instead be reasonably done

through an existing or planned pillar of coal, or in close

proximity to an existing well or such pillar of coal, taking into

consideration surface topography.

(B) The proposed activity could instead be moved to a mined-out

area, below the coal outcrop or to some other feasible area.

(C) The unit operator agrees to a drilling moratorium of not

more than two years in order to permit completion of coal mining

operations.

(D) The practicality of locating the proposed spacing unit or

well on a uniform pattern with other spacing units or wells.

(l) Plugging

All coalbed methane wells drilled after October 24, 1992, that

penetrate coal seams with remaining reserves shall provide for

subsequent safe mining through the well in accordance with

standards prescribed by the Secretary of the Interior, in

consultation with any Federal and State agencies having authority

over coal mine safety. Well plugging costs should be allocated in

accordance with State law or private contractual arrangement, as

the case may be.

(m) Notice and objection by other parties

The Secretary of the Interior shall not approve the drilling of

any coalbed methane well unless such well complies with the spacing

and other requirements established by the Secretary of the Interior

and each of the following:

(1) The unit operator of such well has notified, or has made a

reasonable and diligent effort to notify, all entities claiming

ownership of coalbed methane to be drained by such well and

provided an opportunity to object in accordance with requirements

established by the Secretary of the Interior.

(2) Where conflicting interests exist, an order under

subsection (g) of this section establishing pooling requirements

has been issued.

The notification requirements of this subsection shall be

additional to the notification referred to in subsection (k) of

this section. The Secretary of the Interior shall establish the

conditions under which entities claiming ownership of coalbed

methane may object to the drilling of a coalbed methane well.

(n) Venting for safety

Nothing in this section shall be construed to prevent or inhibit

the entity which has the right to develop and mine coal in any mine

from venting coalbed methane gas to ensure safe mine operations.

(o) Other laws

The Secretary of the Interior shall comply with all applicable

Federal and State coal mine safety laws and regulations.

(p) Definitions

As used in this section -

(1) The term "Affected State" means a State listed by the

Secretary of the Interior, with the participation of the

Secretary of Energy, under subsection (b) of this section.

(2) The term "coalbed methane gas" means occluded natural gas

produced (or which may be produced) from coalbeds and rock strata

associated therewith.

(3) The term "unit operator" means the entity designated in a

pooling order to develop a spacing unit by the drilling of one or

more wells on the unit.

(4) The term "nonparticipating working interest owner" means a

gas or oil owner of a tract included in a spacing unit which

elects to share in the operation of the well on a carried basis

by agreeing to have its proportionate share of the costs

allocable to its interest charged against its share of production

of the well in accordance with subsection (f)(3) of this section.

(5) The term "participating working interest owner" means a gas

or oil owner which elects to bear a share of the risks and costs

of drilling, completing, equipping, gathering, operating

(including any and all disposal costs) (!2) plugging, and

abandoning a well on a spacing unit and to receive a share of

production from the well equal to the proportion which the

acreage in the spacing unit it owns or holds under lease bears to

the total acreage of the spacing unit.

(6) The term "coal seam" means any stratum of coal 20 inches or

more in thickness, unless a stratum of less thickness is being

commercially worked, or can in the judgment of the Secretary of

the Interior forseeably (!3) be commercially worked and will

require protection if wells are being drilled through it.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1339, Oct. 24, 1992, 106 Stat.

2986.)

-COD-

CODIFICATION

October 24, 1992, referred to in subsec. (j)(4), was in the

original "the effective date of this section", which was translated

as meaning the date of enactment of Pub. L. 102-486, which enacted

this section.

-FOOTNOTE-

(!1) See Codification note below.

(!2) So in original. Probably should be followed by a comma.

(!3) So in original. Probably should be "foreseeably".

-End-

-CITE-

42 USC Sec. 13369 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13369. Establishment of data base and study of transportation

rates

-STATUTE-

(a) Data base

The Secretary shall review the information currently collected by

the Federal Government and shall determine whether information on

transportation rates for rail and pipeline transport of domestic

coal, oil, and gas during the period of January 1, 1988, through

December 31, 1997, is reasonably available. If he determines that

such information is not reasonably available, the Secretary shall

establish a data base containing, to the maximum extent

practicable, information on all such rates. The confidentiality of

contract rates shall be preserved. To obtain data pertaining to

rail contract rates, the Secretary shall acquire such data in

aggregate form only from the Surface Transportation Board, under

terms and conditions that maintain the confidentiality of such

rates.

(b) Study

The Energy Information Administration shall determine the extent

to which any agency of the Federal Government is studying the rates

and distribution patterns of domestic coal, oil, and gas to

determine the impact of the Clean Air Act [42 U.S.C. 7401 et seq.]

as amended by the Act entitled "An Act to amend the Clean Air Act

to provide for attainment and maintenance of health protective

national ambient air quality standards, and for other purposes.",

enacted November 15, 1990 (Public Law 101-549), and other Federal

policies on such rates and distribution patterns. If the Energy

Information Administration finds that no such study is underway, or

that reports of the results of such study will not be available to

the Congress providing the information specified in this subsection

and subsection (a) of this section by the dates established in

subsection (c) of this section, the Energy Information

Administration shall initiate such a study.

(c) Reports to Congress

Within one year after October 24, 1992, the Secretary shall

report to the Congress on the determination the Energy Information

Administration is required to make under subsection (b) of this

section. Within three years after October 24, 1992, the Secretary

shall submit reports on any data base or study developed under this

section. Any such reports shall be updated and resubmitted to the

Congress within eight years after October 24, 1992. If the Energy

Information Administration has determined pursuant to subsection

(b) of this section that another study or studies will provide all

or part of the information called for in this section, the

Secretary shall transmit the results of that study by the dates

established in this subsection, together with his comments.

(d) Consultation with other agencies

The Secretary and the Energy Information Administration shall

consult with the Chairmen of the Federal Energy Regulatory

Commission and the Surface Transportation Board in implementing

this section.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1340, Oct. 24, 1992, 106 Stat.

2992; Pub. L. 104-88, title III, Sec. 320, Dec. 29, 1995, 109 Stat.

949.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (b), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 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.

An Act to amend the Clean Air Act to provide for attainment and

maintenance of health protective national ambient air quality

standards, and for other purposes, referred to in subsec. (b), is

Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399, popularly known as

the Clean Air Act Amendments of 1990. For complete classification

of this Act to the Code, see Short Title of 1990 Amendment note set

out under section 7401 of this title and Tables.

-MISC1-

AMENDMENTS

1995 - Subsecs. (a), (d). Pub. L. 104-88 substituted "Surface

Transportation Board" for "Interstate Commerce Commission".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

-End-

-CITE-

42 USC Sec. 13370 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VI - COAL

Part C - Other Coal Provisions

-HEAD-

Sec. 13370. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary for

carrying out this part, other than section 13362 (!1) of this

title, such sums as may be necessary for fiscal years 1993 through

1998.

-SOURCE-

(Pub. L. 102-486, title XIII, Sec. 1341, Oct. 24, 1992, 106 Stat.

2993.)

-REFTEXT-

REFERENCES IN TEXT

Section 13362 of this title, referred to in text, was in the

original "section 1322" and was translated as reading "section

1332" meaning section 1332 of Pub. L. 102-486, to reflect the

probable intent of Congress, because Pub. L. 102-486 does not

contain a section 1322.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER VII - GLOBAL CLIMATE CHANGE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-End-

-CITE-

42 USC Sec. 13381 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

Sec. 13381. Report

-STATUTE-

Not later than 2 years after October 24, 1992, the Secretary

shall submit a report to the Congress that includes an assessment

of -

(1) the feasibility and economic, energy, social,

environmental, and competitive implications, including

implications for jobs, of stabilizing the generation of

greenhouse gases in the United States by the year 2005;

(2) the recommendations made in chapter 9 of the 1991 National

Academy of Sciences report entitled "Policy Implications of

Greenhouse Warming", including an analysis of the benefits and

costs of each recommendation;

(3) the extent to which the United States is responding,

compared with other countries, to the recommendations made in

chapter 9 of the 1991 National Academy of Sciences report;

(4) the feasibility of reducing the generation of greenhouse

gases;

(5) the feasibility and economic, energy, social,

environmental, and competitive implications, including

implications for jobs, of achieving a 20 percent reduction from

1988 levels in the generation of carbon dioxide by the year 2005

as recommended by the 1988 Toronto Scientific World Conference on

the Changing Atmosphere;

(6) the potential economic, energy, social, environmental, and

competitive implications, including implications for jobs, of

implementing the policies necessary to enable the United States

to comply with any obligations under the United Nations Framework

Convention on Climate Change or subsequent international

agreements.

-SOURCE-

(Pub. L. 102-486, title XVI, Sec. 1601, Oct. 24, 1992, 106 Stat.

2999.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13382 of this title.

-End-

-CITE-

42 USC Sec. 13382 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

Sec. 13382. Least-cost energy strategy

-STATUTE-

(a) Strategy

The first National Energy Policy Plan (in this subchapter

referred to as the "Plan") under section 7321 of this title

prepared and required to be submitted by the President to Congress

after February 1, 1993, and each subsequent such Plan, shall

include a least-cost energy strategy prepared by the Secretary. In

developing the least-cost energy strategy, the Secretary shall take

into consideration the economic, energy, social, environmental, and

competitive costs and benefits, including costs and benefits for

jobs, of his choices. Such strategy shall also take into account

the report required under section 13381 of this title and relevant

Federal, State, and local requirements. Such strategy shall be

designed to achieve to the maximum extent practicable and at

least-cost to the Nation -

(1) the energy production, utilization, and energy conservation

priorities of subsection (d) of this section;

(2) the stabilization and eventual reduction in the generation

of greenhouse gases;

(3) an increase in the efficiency of the Nation's total energy

use by 30 percent over 1988 levels by the year 2010;

(4) an increase in the percentage of energy derived from

renewable resources by 75 percent over 1988 levels by the year

2005; and

(5) a reduction in the Nation's oil consumption from the 1990

level of approximately 40 percent of total energy use to 35

percent by the year 2005.

(b) Additional contents

The least-cost energy strategy shall also include -

(1) a comprehensive inventory of available energy and energy

efficiency resources and their projected costs, taking into

account all costs of production, transportation, distribution,

and utilization of such resources, including -

(A) coal, clean coal technologies, coal seam methane, and

underground coal gasification;

(B) energy efficiency, including existing technologies for

increased efficiency in production, transportation,

distribution, and utilization of energy, and other technologies

that are anticipated to be available through further research

and development; and

(C) other energy resources, such as renewable energy, solar

energy, nuclear fission, fusion, geothermal, biomass, fuel

cells, hydropower, and natural gas;

(2) a proposed two-year program for ensuring adequate supplies

of the energy and energy efficiency resources and technologies

described in paragraph (1), and an identification of

administrative actions that can be undertaken within existing

Federal authority to ensure their adequate supply;

(3) estimates of life-cycle costs for existing energy

production facilities;

(4) basecase forecasts of short-term and long-term national

energy needs under low and high case assumptions of economic

growth; and

(5) an identification of all applicable Federal authorities

needed to achieve the purposes of this section, and of any

inadequacies in those authorities.

(c) Secretarial consideration

In developing the least-cost energy strategy, the Secretary shall

give full consideration to -

(1) the relative costs of each energy and energy efficiency

resource based upon a comparison of all direct and quantifiable

net costs for the resource over its available life, including the

cost of production, transportation, distribution, utilization,

waste management, environmental compliance, and, in the case of

imported energy resources, maintaining access to foreign sources

of supply; and

(2) the economic, energy, social, environmental, and

competitive consequences resulting from the establishment of any

particular order of Federal priority as determined under

subsection (d) of this section.

(d) Priorities

The least-cost energy strategy shall identify Federal priorities,

including policies that -

(1) implement standards for more efficient use of fossil fuels;

(2) increase the energy efficiency of existing technologies;

(3) encourage technologies, including clean coal technologies,

that generate lower levels of greenhouse gases;

(4) promote the use of renewable energy resources, including

solar, geothermal, sustainable biomass, hydropower, and wind

power;

(5) affect the development and consumption of energy and energy

efficiency resources and electricity through tax policy;

(6) encourage investment in energy efficient equipment and

technologies; and

(7) encourage the development of energy technologies, such as

advanced nuclear fission and nuclear fusion, that produce energy

without greenhouse gases as a byproduct, and encourage the

deployment of nuclear electric generating capacity.

(e) Assumptions

The Secretary shall include in the least-cost energy strategy an

identification of all of the assumptions used in developing the

strategy and priorities thereunder, and the reasons for such

assumptions.

(f) Preference

When comparing an energy efficiency resource to an energy

resource, a higher priority shall be assigned to the energy

efficiency resource whenever all direct and quantifiable net costs

for the resource over its available life are equal to the estimated

cost of the energy resource.

(g) Public review and comment

The Secretary shall provide for a period of public review and

comment of the least-cost energy strategy, for a period of at least

30 days, to be completed at least 60 days before the issuance of

such strategy. The Secretary shall also provide for public review

and comment before the issuance of any update to the least-cost

energy strategy required under this section.

-SOURCE-

(Pub. L. 102-486, title XVI, Sec. 1602, Oct. 24, 1992, 106 Stat.

2999.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the original

"this title" meaning title XVI of Pub. L. 102-486, Oct. 24, 1992,

106 Stat. 2999, which enacted this subchapter and repealed sections

7361 to 7364 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13471 of this title.

-End-

-CITE-

42 USC Sec. 13383 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

Sec. 13383. Director of Climate Protection

-STATUTE-

Within 6 months after October 24, 1992, the Secretary shall

establish, within the Department of Energy, a Director of Climate

Protection (in this section referred to as the "Director"). The

Director shall -

(1) in the absence of the Secretary, serve as the Secretary's

representative for interagency and multilateral policy

discussions of global climate change, including the activities of

the Committee on Earth and Environmental Sciences as established

by the Global Change Research Act of 1990 (Public Law 101-606)

[15 U.S.C. 2921 et seq.] and the Policy Coordinating Committee

Working Group on Climate Change;

(2) monitor, in cooperation with other Federal agencies,

domestic and international policies for their effects on the

generation of greenhouse gases; and

(3) have the authority to participate in the planning

activities of relevant Department of Energy programs.

-SOURCE-

(Pub. L. 102-486, title XVI, Sec. 1603, Oct. 24, 1992, 106 Stat.

3001.)

-REFTEXT-

REFERENCES IN TEXT

The Global Change Research Act of 1990, referred to in par. (1),

is Pub. L. 101-606, Nov. 16, 1990, 104 Stat. 3096, which is

classified generally to chapter 56A (Sec. 2921 et seq.) of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see Short Title note set out under section 2921 of Title

15 and Tables.

-End-

-CITE-

42 USC Sec. 13384 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

Sec. 13384. Assessment of alternative policy mechanisms for

addressing greenhouse gas emissions

-STATUTE-

Not later than 18 months after October 24, 1992, the Secretary

shall transmit a report to Congress containing a comparative

assessment of alternative policy mechanisms for reducing the

generation of greenhouse gases. Such assessment shall include a

short-run and long-run analysis of the social, economic, energy,

environmental, competitive, and agricultural costs and benefits,

including costs and benefits for jobs and competition, and the

practicality of each of the following policy mechanisms:

(1) Various systems for controlling the generation of

greenhouse gases, including caps for the generation of greenhouse

gases from major sources and emissions trading programs.

(2) Federal standards for energy efficiency for major sources

of greenhouse gases, including efficiency standards for power

plants, industrial processes, automobile fuel economy,

appliances, and buildings, and for emissions of methane.

(3) Various Federal and voluntary incentives programs.

-SOURCE-

(Pub. L. 102-486, title XVI, Sec. 1604, Oct. 24, 1992, 106 Stat.

3002.)

-End-

-CITE-

42 USC Sec. 13385 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

Sec. 13385. National inventory and voluntary reporting of

greenhouse gases

-STATUTE-

(a) National inventory

Not later than one year after October 24, 1992, the Secretary,

through the Energy Information Administration, shall develop, based

on data available to, and obtained by, the Energy Information

Administration, an inventory of the national aggregate emissions of

each greenhouse gas for each calendar year of the baseline period

of 1987 through 1990. The Administrator of the Energy Information

Administration shall annually update and analyze such inventory

using available data. This subsection does not provide any new data

collection authority.

(b) Voluntary reporting

(1) Issuance of guidelines

Not later than 18 months after October 24, 1992, the Secretary

shall, after opportunity for public comment, issue guidelines for

the voluntary collection and reporting of information on sources

of greenhouse gases. Such guidelines shall establish procedures

for the accurate voluntary reporting of information on -

(A) greenhouse gas emissions -

(i) for the baseline period of 1987 through 1990; and

(ii) for subsequent calendar years on an annual basis;

(B) annual reductions of greenhouse gas emissions and carbon

fixation achieved through any measures, including fuel

switching, forest management practices, tree planting, use of

renewable energy, manufacture or use of vehicles with reduced

greenhouse gas emissions, appliance efficiency, energy

efficiency, methane recovery, cogeneration, chlorofluorocarbon

capture and replacement, and power plant heat rate improvement;

(C) reductions in greenhouse gas emissions achieved as a

result of -

(i) voluntary reductions;

(ii) plant or facility closings; and

(iii) State or Federal requirements; and

(D) an aggregate calculation of greenhouse gas emissions by

each reporting entity.

Such guidelines shall also establish procedures for taking into

account the differential radiative activity and atmospheric

lifetimes of each greenhouse gas.

(2) Reporting procedures

The Administrator of the Energy Information Administration

shall develop forms for voluntary reporting under the guidelines

established under paragraph (1), and shall make such forms

available to entities wishing to report such information. Persons

reporting under this subsection shall certify the accuracy of the

information reported.

(3) Confidentiality

Trade secret and commercial or financial information that is

privileged or confidential shall be protected as provided in

section 552(b)(4) of title 5.

(4) Establishment of data base

Not later than 18 months after October 24, 1992, the Secretary,

through the Administrator of the Energy Information

Administration, shall establish a data base comprised of

information voluntarily reported under this subsection. Such

information may be used by the reporting entity to demonstrate

achieved reductions of greenhouse gases.

(c) Consultation

In carrying out this section, the Secretary shall consult, as

appropriate, with the Administrator of the Environmental Protection

Agency.

-SOURCE-

(Pub. L. 102-486, title XVI, Sec. 1605, Oct. 24, 1992, 106 Stat.

3002.)

-End-

-CITE-

42 USC Sec. 13386 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

Sec. 13386. Export of domestic energy resource technologies to

developing countries

-STATUTE-

The Secretary, through the Trade Promotion Coordinating Council,

shall develop policies and programs to encourage the export and

promotion of domestic energy resource technologies, including

renewable energy, energy efficiency, and clean coal technologies,

to developing countries.

-SOURCE-

(Pub. L. 102-486, title XVI, Sec. 1607, Oct. 24, 1992, 106 Stat.

3003.)

-End-

-CITE-

42 USC Sec. 13387 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

Sec. 13387. Innovative environmental technology transfer program

-STATUTE-

(a) Establishment of program

The Secretary, through the Agency for International Development,

and in consultation with the interagency working group established

under section 6276(d) of this title (in this section referred to as

the "interagency working group",(!1) shall establish a technology

transfer program to carry out the purposes described in subsection

(b) of this section. Within 150 days after October 24, 1992, the

Secretary and the Administrator of the Agency for International

Development shall enter into a written agreement to carry out this

section. The agreement shall establish a procedure for resolving

any disputes between the Secretary and the Administrator regarding

the implementation of specific projects. With respect to countries

not assisted by the Agency for International Development, the

Secretary may enter into agreements with other appropriate Federal

agencies. If the Secretary and the Administrator, or the Secretary

and an agency described in the previous sentence, are unable to

reach an agreement, each shall send a memorandum to the President

outlining an appropriate agreement. Within 90 days after receipt of

either memorandum, the President shall determine which version of

the agreement shall be in effect. Any agreement entered into under

this subsection shall be provided to the appropriate committees of

the Congress and made available to the public.

(b) Purposes of program

The purposes of the technology transfer program under this

section are to -

(1) reduce the United States balance of trade deficit through

the export of United States energy technologies and technological

expertise;

(2) retain and create manufacturing and related service jobs in

the United States;

(3) encourage the export of United States technologies,

including services related thereto, to those countries that have

a need for developmentally sound facilities to provide energy

derived from technologies that substantially reduce environmental

pollutants, including greenhouse gases;

(4) develop markets for United States technologies, including

services related thereto, that substantially reduce environmental

pollutants, including greenhouse gases, that meet the energy and

environmental requirements of foreign countries;

(5) better ensure that United States participation in

energy-related projects in foreign countries includes

participation by United States firms as well as utilization of

United States technologies;

(6) ensure the introduction of United States firms and

expertise in foreign countries;

(7) provide financial assistance by the Federal Government to

foster greater participation by United States firms in the

financing, ownership, design, construction, or operation of

technologies or services that substantially reduce environmental

pollutants, including greenhouse gases; and

(8) assist United States firms, especially firms that are in

competition with firms in foreign countries, to obtain

opportunities to transfer technologies to, or undertake projects

in, foreign countries.

(c) Identification

Pursuant to the agreements required by subsection (a) of this

section, the Secretary, through the Agency for International

Development, and after consultation with the interagency working

group, United States firms, and representatives from foreign

countries, shall develop mechanisms to identify potential energy

projects in host countries that substantially reduce environmental

pollutants, including greenhouse gases, and shall identify a list

of such projects within 240 days after October 24, 1992, and

periodically thereafter.

(d) Financial mechanisms

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, shall -

(A) establish appropriate financial mechanisms to increase the

participation of United States firms in energy projects, and

services related thereto, that substantially reduce environmental

pollutants, including greenhouse gases in foreign countries;

(B) utilize available financial assistance authorized by this

section to counterbalance assistance provided by foreign

governments to non-United States firms; and

(C) provide financial assistance to support projects.

(2) The financial assistance authorized by this section may be -

(A) provided in combination with other forms of financial

assistance, including non-Federal funding that may be available

for the project; and

(B) utilized in conjunction with financial assistance programs

available through other Federal agencies.

(3) United States obligations under the Arrangement on Guidelines

for Officially Supported Export Credits established through the

Organization for Economic Cooperation and Development shall be

applicable to this section.

(e) Solicitations for project proposals

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, within one year after October 24, 1992, and

subsequently as appropriate thereafter, shall solicit proposals

from United States firms for the design, construction, testing, and

operation of the project or projects identified under subsection

(c) of this section which propose to utilize a United States

technology or service. Each solicitation under this section shall

establish a closing date for receipt of proposals.

(2) The solicitation under this subsection shall, to the extent

appropriate, be modeled after the RFP No. DE-PS01-90FE62271 Clean

Coal Technology IV, as administered by the Department of Energy.

(3) Any solicitation made under this subsection shall include the

following requirements:

(A) The United States firm that submits a proposal in response

to the solicitation shall have an equity interest in the proposed

project.

(B) The project shall utilize a United States technology,

including services related thereto, that substantially reduce

environmental pollutants, including greenhouse gases, in meeting

the applicable energy and environmental requirements of the host

country.

(C) Proposals for projects shall be submitted by and undertaken

with a United States firm, although a joint venture or other

teaming arrangement with a non-United States manufacturer or

other non-United States entity is permissible.

(f) Assistance to United States firms

Pursuant to the agreements under subsection (a) of this section,

the Secretary, through the Agency for International Development,

and in consultation with the interagency working group, shall

establish a procedure to provide financial assistance to United

States firms under this section for a project identified under

subsection (c) of this section where solicitations for the project

are being conducted by the host country or by a multilateral

lending institution.

(g) Other program requirements

Pursuant to the agreements under subsection (a) of this section,

the Secretary, through the Agency for International Development,

and in consultation with the interagency working group, shall -

(1) establish eligibility criteria for countries that will host

projects;

(2) periodically review the energy needs of such countries and

export opportunities for United States firms for the development

of projects in such countries;

(3) consult with government officials in host countries and, as

appropriate, with representatives of utilities or other entities

in host countries, to determine interest in and support for

potential projects; and

(4) determine whether each project selected under this section

is developmentally sound, as determined under the criteria

developed by the Development Assistance Committee of the

Organization for Economic Cooperation and Development.

(h) Eligible technologies

Not later than 6 months after October 24, 1992, the Secretary

shall prepare a list of eligible technologies and services under

this section. In preparing such a list, the Secretary shall

consider fuel cell powerplants, aeroderivitive gas turbines and

catalytic combustion technologies for aeroderivitive gas turbines,

ocean thermal energy conversion technology, anaerobic digester and

storage tanks, and other renewable energy and energy efficiency

technologies.

(i) Selection of projects

(1) Pursuant to the agreements under subsection (a) of this

section, the Secretary, through the Agency for International

Development, shall, not later than 120 days after receipt of

proposals in response to a solicitation under subsection (e) of

this section, select one or more proposals under this section.

(2) In selecting a proposal under this section, the Secretary,

through the Agency for International Development, shall consider -

(A) the ability of the United States firm, in cooperation with

the host country, to undertake and complete the project;

(B) the degree to which the equipment to be included in the

project is designed and manufactured in the United States;

(C) the long-term technical and competitive viability of the

United States technology, and services related thereto, and the

ability of the United States firm to compete in the development

of additional energy projects using such technology in the host

country and in other foreign countries;

(D) the extent of technical and financial involvement of the

host country in the project;

(E) the extent to which the proposed project meets the purposes

of this section;

(F) the extent of technical, financial, management, and

marketing capabilities of the participants in the project, and

the commitment of the participants to completion of a successful

project in a manner that will facilitate acceptance of the United

States technology or service for future application; and

(G) such other criteria as may be appropriate.

(3) In selecting among proposed projects, the Secretary shall

seek to ensure that, relative to otherwise comparable projects in

the host country, a selected project will meet the following

criteria:

(A) It will reduce environmental emissions, including

greenhouse gases, to an extent greater than required by

applicable provisions of law.

(B) It will be a more cost-effective technological alternative,

based on life cycle capital and operating costs per unit of

energy produced and, where applicable, costs per unit of product

produced.

(C) It will increase the overall efficiency of energy use.

Priority in selection shall be given to those projects which, in

the judgment of the Secretary, best meet these criteria.

(j) United States-Asia Environmental Partnership

Activities carried out under this section shall be coordinated

with the United States-Asia Environmental Partnership.

(k) Buy America

In carrying out this section, the Secretary, through the Agency

for International Development, and pursuant to the agreements under

subsection (a) of this section, shall ensure -

(1) the maximum percentage, but in no case less than 50

percent, of the cost of any equipment furnished in connection

with a project authorized under this section shall be

attributable to the manufactured United States components of such

equipment; and

(2) the maximum participation of United States firms.

In determining whether the cost of United States components equals

or exceeds 50 percent, the cost of assembly of such United States

components in the host country shall not be considered a part of

the cost of such United States component.

(l) Report to Congress

The Secretary and the Administrator of the Agency for

International Development shall report annually to the Committee on

Energy and Natural Resources of the Senate and the appropriate

committees of the House of Representatives on the progress being

made to introduce innovative energy technologies, and services

related thereto, that substantially reduce environmental

pollutants, including greenhouse gases, into foreign countries.

(m) Definitions

For purposes of this section -

(1) the term "host country" means a foreign country which is -

(A) the participant in or the site of the proposed innovative

energy technology project; and

(B) either -

(i) classified as a country eligible to participate in

development assistance programs of the Agency for

International Development pursuant to applicable law or

regulation; or

(ii) a developing country; and

(2) the term "developing country" includes, but is not limited

to, countries in Central and Eastern Europe or in the independent

states of the former Soviet Union.

(n) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry

out the program required by this section, $100,000,000 for each of

the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

-SOURCE-

(Pub. L. 102-486, title XVI, Sec. 1608, Oct. 24, 1992, 106 Stat.

3003.)

-FOOTNOTE-

(!1) So in original. Probably should be preceded by a closing

parenthesis.

-End-

-CITE-

42 USC Sec. 13388 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VII - GLOBAL CLIMATE CHANGE

-HEAD-

Sec. 13388. Global Climate Change Response Fund

-STATUTE-

(a) Establishment of Fund

The Secretary of the Treasury, in consultation with the Secretary

of State, shall establish a Global Climate Change Response Fund to

act as a mechanism for United States contributions to assist global

efforts in mitigating and adapting to global climate change.

(b) Restrictions on deposits

No deposits shall be made to the Global Climate Change Response

Fund until the United States has ratified the United Nations

Framework Convention on Climate Change.

(c) Use of Fund

Moneys deposited into the Fund shall be used by the President, to

the extent authorized and appropriated under section 2222 of title

22, solely for contributions to a financial mechanism negotiated

pursuant to the United Nations Framework Convention on Climate

Change, including all protocols or agreements related thereto.

(d) Authorization of appropriations

There are authorized to be appropriated for deposit in the Fund

to carry out the purposes of this section, $50,000,000 for fiscal

year 1994 and such sums as may be necessary for fiscal years 1995

and 1996.

-SOURCE-

(Pub. L. 102-486, title XVI, Sec. 1609, Oct. 24, 1992, 106 Stat.

3007.)

-End-

-CITE-

42 USC SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

-HEAD-

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5905, 13522, 13525 of

this title.

-End-

-CITE-

42 USC Sec. 13401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

-HEAD-

Sec. 13401. Goals

-STATUTE-

It is the goal of the United States in carrying out energy supply

and energy conservation research and development -

(1) to strengthen national energy security by reducing

dependence on imported oil;

(2) to increase the efficiency of the economy by meeting future

needs for energy services at the lowest total cost to the Nation,

including environmental costs, giving comparable consideration to

technologies that enhance energy supply and technologies that

improve the efficiency of energy end uses;

(3) to reduce the air, water, and other environmental impacts

(including emissions of greenhouse gases) of energy production,

distribution, transportation, and utilization, through the

development of an environmentally sustainable energy system;

(4) to maintain the technological competitiveness of the United

States and stimulate economic growth through the development of

advanced materials and technologies;

(5) to foster international cooperation by developing

international markets for domestically produced sustainable

energy technologies, and by transferring environmentally sound,

advanced energy systems and technologies to developing countries

to promote sustainable development;

(6) to consider the comparative environmental and public health

impacts of the energy to be produced or saved by the specific

activities;

(7) to consider the obstacles inherent in private industry's

development of new energy technologies and steps necessary for

establishing or maintaining technological leadership in the area

of energy and energy efficiency resource technologies; and

(8) to consider the contribution of a given activity to

fundamental scientific knowledge.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2001, Oct. 24, 1992, 106 Stat.

3057.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13431, 13451, 13471,

13522, 13523 of this title.

-End-

-CITE-

42 USC Part A - Oil and Gas Supply Enhancement 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part A - Oil and Gas Supply Enhancement

-HEAD-

PART A - OIL AND GAS SUPPLY ENHANCEMENT

-End-

-CITE-

42 USC Sec. 13411 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part A - Oil and Gas Supply Enhancement

-HEAD-

Sec. 13411. Enhanced oil recovery

-STATUTE-

(a) Program direction

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, on technologies to increase

the recoverability of domestic oil resources to -

(1) improve reservoir characterization;

(2) improve analysis and field verification;

(3) field test and demonstrate enhanced oil recovery processes,

including advanced processes, in reservoirs the Secretary

considers to be of high priority, ranked primarily on the basis

of oil recovery potential and risk of abandonment;

(4) transfer proven recovery technologies to producers and

operators of wells, including stripper wells, that would

otherwise be likely to be abandoned in the near term due to

declining production;

(5) improve enhanced oil recovery process technology for more

economic and efficient oil production;

(6) identify and develop new recovery technologies;

(7) study reservoir properties and how they affect oil recovery

from porous media;

(8) improve techniques for meeting environmental requirements;

(9) improve data bases of reservoir and environmental

conditions; and

(10) lower lifting costs on stripper wells by utilizing

advanced renewable energy technologies such as small wind

turbines and others.

(b) Program goals

(1) Near-term priorities

The near-term priorities of the program include preserving

access to high potential reservoirs, identifying available

technologies that can extend the lifetime of wells and of

stripper well property, and developing environmental field

operations for waste disposal and injection practices.

(2) Mid-term priorities

The mid-term priorities of the program include developing and

testing identified but unproven technologies, and transferring

those technologies for widespread use.

(3) Long-term priorities

The long-term priorities of the program include developing

advanced techniques to recover oil not recoverable by other

techniques.

(c) Accelerated program plan

Within 180 days after October 24, 1992, the Secretary shall

prepare and submit to the Congress a plan for carrying out under

this section the accelerated field testing of technologies to

achieve the priorities stated in subsection (b) of this section. In

preparing the plan, the Secretary shall consult with appropriate

representatives of industry, institutions of higher education,

Federal agencies, including national laboratories, and professional

and technical societies, and with the Advisory Board established

under section 13522 of this title.

(d) Proposals

Within 1 year after October 24, 1992, the Secretary shall solicit

proposals for conducting activities under this section.

(e) Consultation

In carrying out the provisions of this section, the Secretary

shall consult representatives of the oil and gas industry with

respect to innovative research and development proposals to improve

oil and gas recovery and shall consider relevant technical data

from industry and other research and information centers and

institutes.

(f) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section, including advanced extraction and

process technology, $57,250,000 for fiscal year 1993 and

$70,000,000 for fiscal year 1994.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2011, Oct. 24, 1992, 106 Stat.

3057.)

-End-

-CITE-

42 USC Sec. 13412 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part A - Oil and Gas Supply Enhancement

-HEAD-

Sec. 13412. Oil shale

-STATUTE-

(a) Program direction

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, on oil shale extraction and

conversion, including research and development on both eastern and

western shales, as provided in this section.

(b) Program goals

The goals of the program established under this section include -

(1) supporting the development of economically competitive and

environmentally acceptable technologies to produce domestic

supplies of liquid fuels from oil shale;

(2) increasing knowledge of environmentally acceptable oil

shale waste disposal technologies and practices;

(3) increasing knowledge of the chemistry and kinetics of oil

shale retorting;

(4) increasing understanding of engineering issues concerning

the design and scale-up of oil shale extraction and conversion

technologies;

(5) improving techniques for oil shale mining systems; and

(6) providing for cooperation with universities and other

private sector entities.

(c) Eastern oil shale program

(1) As part of the program authorized by this section, the

Secretary shall carry out a program on oil shale that includes

applied research, in cooperation with universities and the private

sector, on eastern oil shale that may have the potential to

decrease United States dependence on energy imports.

(2) As part of the program authorized by this subsection, the

Secretary shall consider the potential benefits of including in

that program applied research carried out in cooperation with

universities and other private sector entities that are, as of

October 24, 1992, engaged in research on eastern oil shale

retorting and associated processes.

(3) The program carried out under this subsection shall be

cost-shared with universities and the private sector to the maximum

extent possible.

(d) Western oil shale program

As part of the program authorized by this section, the Secretary

shall carry out a program on extracting oil from western oil shales

that includes, if appropriate, establishment and utilization of at

least one field testing center for the purpose of testing,

evaluating, and developing improvements in oil shale technology at

the field test level. In establishing such a center, the Secretary

shall consider sites with existing oil shale mining and processing

infrastructure and facilities. Sixty days prior to establishing any

such field testing center, the Secretary shall submit a report to

Congress on the center to be established.

(e) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section $5,250,000 for fiscal year 1993 and

$6,000,000 for fiscal year 1994.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2012, Oct. 24, 1992, 106 Stat.

3058.)

-End-

-CITE-

42 USC Sec. 13413 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part A - Oil and Gas Supply Enhancement

-HEAD-

Sec. 13413. Natural gas supply

-STATUTE-

(a) Program direction

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, to increase the recoverable

natural gas resource base including, but not limited to -

(1) more intensive recovery of natural gas from discovered

conventional resources;

(2) the extraction of natural gas from tight gas sands and

devonian shales or other unconventional sources;

(3) surface gasification of coal; and

(4) recovery of methane from biofuels including municipal solid

waste.

(b) Proposals

Within 1 year after October 24, 1992, the Secretary shall solicit

proposals for conducting activities under this section.

(c) Cofiring of natural gas and coal

(1) Program

The Secretary shall establish and carry out a 5-year program,

in accordance with sections 13541 and 13542 of this title, on

cofiring natural gas with coal in utility and large industrial

boilers in order to determine optimal natural gas injection

levels for both environmental and operational benefits.

(2) Financial assistance

The Secretary shall enter into agreements with, and provide

financial assistance to, appropriate parties for application of

cofiring technologies to boilers to demonstrate this technology.

(3) Report to Congress

The Secretary shall, before December 31, 1995, submit to the

Congress a report on the progress made in carrying out this

subsection.

(d) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section and sections 13414 and 13415 of this

title, $29,745,000 for fiscal year 1993 and $45,000,000 for fiscal

year 1994.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2013, Oct. 24, 1992, 106 Stat.

3059.)

-End-

-CITE-

42 USC Sec. 13414 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part A - Oil and Gas Supply Enhancement

-HEAD-

Sec. 13414. Natural gas end-use technologies

-STATUTE-

The Secretary shall carry out a 5-year program, in accordance

with sections 13541 and 13542 of this title, on new and advanced

natural gas utilization technologies including, but not limited to

-

(1) stationary source emissions control and efficiency

improvements including combustion systems, industrial processes,

cogeneration, and waste fuels; and

(2) natural gas storage including increased deliverability from

existing gas storage facilities and new capabilities for storage

near demand centers, and on-site storage at major energy

consuming facilities.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2014, Oct. 24, 1992, 106 Stat.

3060.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13413 of this title.

-End-

-CITE-

42 USC Sec. 13415 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part A - Oil and Gas Supply Enhancement

-HEAD-

Sec. 13415. Midcontinent Energy Research Center

-STATUTE-

(a) Finding

Congress finds that petroleum resources in the midcontinent

region of the United States are very large but are being

prematurely abandoned.

(b) Purposes

The purposes of this section are to -

(1) improve the efficiency of petroleum recovery;

(2) increase ultimate petroleum recovery; and

(3) delay the abandonment of resources.

(c) Establishment

The Secretary may establish the Midcontinent Energy Research

Center (referred to in this section as the "Center") to -

(1) conduct research in petroleum geology and engineering

focused on improving the recovery of petroleum from existing

fields and established plays in the upper midcontinent region of

the United States; and

(2) ensure that the results of the research described in

paragraph (1) are transferred to users.

(d) Research

(1) In general

In conducting research under this section, the Center shall, to

the extent practicable, cooperate with agencies of the Federal

Government, the States in the midcontinent region of the United

States, and the affected industry.

(2) Programs

Research programs conducted by the Center may include -

(A) data base development and transfer of technology;

(B) reservoir management;

(C) reservoir characterization;

(D) advanced recovery methods; and

(E) development of new technology.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2015, Oct. 24, 1992, 106 Stat.

3060.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13413 of this title.

-End-

-CITE-

42 USC Part B - Oil and Gas Demand Reduction and

Substitution 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

PART B - OIL AND GAS DEMAND REDUCTION AND SUBSTITUTION

-End-

-CITE-

42 USC Sec. 13431 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

Sec. 13431. General transportation

-STATUTE-

(a) Program direction

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, on cost effective

technologies to reduce the demand for oil in the transportation

sector for all motor vehicles, including existing vehicles, through

increased energy efficiency and the use of alternative fuels. Such

program shall include a broad range of technological approaches,

and shall include field demonstrations of sufficient scale and

number in operating environments to prove technical and economic

viability to meet the goals stated in section 13401 of this title.

Such program shall include the activities required under sections

13432 through 13437 of this title, and ongoing activities of a

similar nature at the Department of Energy.

(b) Program plan

Within 180 days after October 24, 1992, the Secretary shall

prepare and submit to the Congress a 5-year program plan to guide

activities under this part. In preparing the program plan, the

Secretary shall consult with appropriate representatives of

industry, utilities, institutions of higher education, Federal

agencies, including national laboratories, and professional and

technical societies.

(c) Proposals

Within 1 year after October 24, 1992, the Secretary shall solicit

proposals for conducting activities under this section.

(d) "Alternative fuels" defined

For purposes of this part, the term "alternative fuels" includes

natural gas, liquefied petroleum gas, hydrogen, fuels other than

alcohol that are derived from biological materials, and any fuel

the content of which is at least 85 percent by volume methanol,

ethanol, or other alcohol.

(e) Authorization of appropriations

(1) There are authorized to be appropriated to the Secretary for

carrying out this part, including all transportation sector energy

conservation research and development (other than activities under

section 13435 of this title) and all transportation sector biofuels

energy systems under solar energy, $119,144,000 for fiscal year

1993 and $160,000,000 for fiscal year 1994.

(2) There are authorized to be appropriated to the Secretary for

carrying out section 13435 of this title -

(A) $60,300,000 for fiscal year 1993;

(B) $75,000,000 for fiscal year 1994;

(C) $80,000,000 for fiscal year 1995;

(D) $80,000,000 for fiscal year 1996;

(E) $90,000,000 for fiscal year 1997; and

(F) $100,000,000 for fiscal year 1998.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2021, Oct. 24, 1992, 106 Stat.

3061.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13437, 13471 of this

title.

-End-

-CITE-

42 USC Sec. 13432 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

Sec. 13432. Advanced automotive fuel economy

-STATUTE-

(a) Program direction

The Secretary shall conduct a program, in accordance with

sections 13541 and 13542 of this title, to supplement ongoing

research activities of a similar nature at the Department of

Energy, to accelerate the near-term and mid-term development of

advanced technologies to improve the fuel economy of light-duty

passenger vehicles powered by a piston engine, and hybrid vehicles

powered by a combination of piston engine and electric motor.

(b) Program goal

The goal of the program established under subsection (a) of this

section shall be to stimulate the development of emerging

technologies with the potential to achieve significant improvements

in fuel economy while reducing emissions of air pollutants.

(c) Proposals

Within 1 year after October 24, 1992, the Secretary shall solicit

proposals for conducting activities under this section, making a

special effort to involve small businesses in the program.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2022, Oct. 24, 1992, 106 Stat.

3061.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13431 of this title.

-End-

-CITE-

42 USC Sec. 13433 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

Sec. 13433. Alternative fuel vehicle program

-STATUTE-

(a) Program direction

The Secretary shall carry out a program, in accordance with

sections 13541 and 13542 of this title, on techniques related to

improving natural gas and other alternative fuel vehicle

technology, including -

(1) fuel injection;

(2) carburetion;

(3) manifolding;

(4) combustion;

(5) power optimization;

(6) efficiency;

(7) lubricants and detergents;

(8) engine durability;

(9) ignition, including fuel additives to assist ignition;

(10) multifuel engines;

(11) emissions control, including catalysts;

(12) novel gas compression concepts;

(13) advanced storage systems;

(14) advanced gaseous fueling technologies; and

(15) the incorporation of advanced materials in these areas.

(b) Cooperative agreements and assistance

The Secretary may enter into cooperative agreements with, and

provide financial assistance to, public or private entities willing

to provide 50 percent of the costs of a program to perform

activities under subsection (a) of this section.

(c) Definitions

For purposes of this section -

(1) the term "alternative fuel vehicle" means a motor vehicle

that operates on alternative fuels; and

(2) the term "motor vehicle" includes any automobile, truck,

bus, van, or other on-road or off-road motor vehicle, including a

boat.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2023, Oct. 24, 1992, 106 Stat.

3062.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13431 of this title.

-End-

-CITE-

42 USC Sec. 13434 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

Sec. 13434. Biofuels user facility

-STATUTE-

(a) The Secretary shall establish a biofuels user facility to

expedite industry adoption of biofuels technologies, including

production of alcohol fuels from biomass.

(b) The Secretary, through such universities and colleges as the

Secretary determines are qualified, shall establish a program, in

accordance with sections 13541 and 13542 of this title, with

respect to the production and use of diesel fuels from vegetable

oils or animal fats. The program shall investigate -

(1) the economic feasibility of production of oilseed crops for

biofuels purposes; and

(2) the establishment of a mobile small-scale oilseed pressing

and esterification unit and a stationary small-scale commercial

oilseed pressing and esterification unit.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2024, Oct. 24, 1992, 106 Stat.

3062.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13431 of this title.

-End-

-CITE-

42 USC Sec. 13435 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

Sec. 13435. Electric motor vehicles and associated equipment

research and development

-STATUTE-

(a) General

The Secretary shall conduct, pursuant to the Federal Nonnuclear

Energy Research and Development Act of 1974 (42 U.S.C. 5901-5920),

a research and development program on electric motor vehicles and

associated equipment. Such program shall be conducted in

cooperation with the electric utility industry, and automobile

industry, battery manufacturers, and such other persons as the

Secretary considers appropriate.

(b) Comprehensive plan

(1) The Secretary shall prepare a comprehensive 5-year program

plan for carrying out the purposes of this section. Such

comprehensive plan shall be updated biennially for a period of not

less than 10 years after October 24, 1992.

(2) The comprehensive plan under paragraph (1) shall be prepared

in consultation with the Administrator of the Environmental

Protection Agency, the Secretary of Transportation, the Secretary

of Commerce, the heads of other appropriate Federal agencies,

representatives of the electric utility industry, electric motor

vehicle manufacturers, the United States automobile industry, and

such other persons as the Secretary considers appropriate.

(3) The comprehensive plan shall include -

(A) a prioritization of research areas critical to the

commercialization of electric motor vehicles, including advanced

battery technology;

(B) the program elements, management structure, and activities,

including program responsibilities, of Federal agencies;

(C) the program strategies, including technical milestones to

be achieved toward specific goals during each fiscal year of the

comprehensive plan for all major activities and projects;

(D) the estimated costs of individual program elements,

including estimated costs for each of the fiscal years of the

comprehensive plan for each of the participating Federal

agencies;

(E) a description of the methods of technology transfer;

(F) a proposal for participation by non-Federal entities in the

implementation of the comprehensive plan; and

(G) such other information as the Secretary considers

appropriate.

(4) Not later than 180 days after October 24, 1992, the Secretary

shall transmit the comprehensive plan to the Congress. Biennial

updates shall be submitted to the Congress.

(c) Cooperative agreements

The Secretary, consistent with the comprehensive plan under

subsection (b) of this section, may enter into cooperative

agreements to conduct research and development projects with

industry in such areas of technology development as -

(1) high efficiency electric power trains, including advanced

motors, motor controllers, and hybrid power trains for electric

motor vehicle range improvement;

(2) light-weight structures for electric motor vehicle weight

reduction;

(3) advanced batteries with high energy density and power

density, and improved range or recharging cycles for a given unit

weight, for electric motor vehicle application;

(4) hybrid power trains incorporating an electric motor and

recyclable battery charged by an onboard liquid fuel engine,

designed to significantly improve fuel economies while

maintaining acceleration characteristics comparable to a

conventionally fueled vehicle;

(5) batteries and fuel cells for electric-hybrid vehicle

application;

(6) fuel cells and fuel cell systems for primary electric motor

vehicle power sources; and

(7) photovoltaics for use with electric motor vehicles.

(d) Solicitation of proposals

(1) Within one year after October 24, 1992, the Secretary shall

solicit proposals for cooperative agreements for research and

development under subsection (c) of this section.

(2) Thereafter, the Secretary may solicit additional proposals

for cooperative agreements under subsection (c) of this section if,

in the judgment of the Secretary, such cooperative agreements could

contribute to the development of electric motor vehicles and

associated equipment.

(e) Cost-sharing

(1) The Secretary shall require at least 50 percent of the costs

directly and specifically related to any cooperative agreement

under this section, other than a cooperative agreement under

subsection (j) of this section, to be from non-Federal sources.

Such share may be in the form of cash, personnel, services,

equipment, and other resources.

(2) The Secretary may reduce the amount of costs required to be

provided by non-Federal sources under paragraph (1), if the

Secretary determines that the reduction is necessary and

appropriate -

(A) considering the technological risks involved in the

project; and

(B) in order to meet the objectives of this section.

(f) Deployment

(1) The Secretary shall conduct a program designed to accelerate

deployment of advanced battery technologies for use with electric

motor vehicles.

(2) In carrying out the program authorized by this subsection,

the Secretary shall -

(A) undertake an inventory and assessment of advanced battery

technologies and electric motor vehicle technologies and the

commercial capability of such technologies; and

(B) develop a Federal industry information exchange program to

improve the deployment or use of such technologies, which may

consist of workshops, publications, conferences, and a data base

for use by the public and private sectors.

(g) Domestic parts manufacturers

In carrying out this section, the Secretary, in consultation with

the Secretary of Commerce, shall issue regulations to ensure that

the procurement practices of participating electric motor vehicle

and associated equipment manufacturers do not discriminate against

the United States manufacturers of vehicle parts.

(h) Hold harmless

Nothing in this section shall be construed to alter, affect,

modify, or change any activities or agreements initiated prior to

October 24, 1992, with domestic motor vehicle manufacturers through

joint venture or consortium agreements regarding batteries for

electric motor vehicles.

(i) Consultation

The Secretary shall consult with the Administrator of the

Environmental Protection Agency and the Secretary of Transportation

in carrying out this section.

(j) Fuel cells for transportation

(1) The Secretary shall develop and implement a comprehensive

program of research, development, and demonstration of fuel cells

and related systems for transportation applications through the

establishment of one or more cooperative programs among industry,

government, and research institutions to develop and demonstrate

the use of fuel cells as the primary power source for private and

mass transit vehicles and other mobile applications.

(2) Research, development, and demonstration activities under

this subsection shall be designed to incorporate one or more of the

following priorities:

(A) The potential for near-term to mid-term commercialization.

(B) The ability of the systems to use a variety of renewable

and nonfossil fuels.

(C) Emission reduction and energy conservation potential.

(D) The potential to utilize fuel cells and fuel cell systems

developed under Department of Defense and National Aeronautics

and Space Administration programs.

(E) The potential to take maximum practical advantage of

advances made in electric motor vehicle research, stationary

source fuel cell research, and other research activities

authorized by this subchapter.

(3)(A) Research, development, and demonstration projects selected

by the Secretary under this subsection shall apply to -

(i) passenger vehicles;

(ii) vans and utility vehicles;

(iii) light rail systems and locomotives;

(iv) trucks, including long-haul trucks, dump trucks, and

garbage trucks;

(v) passenger buses;

(vi) non-chlorofluorocarbon mobile refrigeration systems;

(vii) marine vessels, including recreational marine engines; or

(viii) mobile engines and power generation, including

recreational generators, and industrial and construction

equipment.

(B) The Secretary shall establish programs to undertake research,

development, and demonstration activities for the applications

listed in clauses (i) through (viii) of subparagraph (A) in each of

fiscal years 1993, 1994, 1995, and 1996, based on the priorities

established in paragraph (2), so that by the end of the period,

research, development, and demonstration activities are under way

for the applications under each such clause. The initiatives

authorized and implemented pursuant to this subsection shall be in

addition to any other fuel cell programs authorized in existing

law.

(k) Definitions

For purposes of this section -

(1) the term "advanced battery technology" means

electrochemical storage devices and systems, including fuel

cells, and associated technology necessary to charge, discharge,

recharge, or regenerate such devices, for use as a source of

power for an electric motor vehicle and any other associated

equipment;

(2) the term "associated equipment" means equipment necessary

for the regeneration, refueling, or recharging of batteries or

other forms of electric energy used to power an electric motor

vehicle and, in the case of electric-hybrid vehicles, such term

includes nonpetroleum-related equipment necessary for, and solely

related to, the demonstration of such vehicles;

(3) the term "electric motor vehicle" means a motor vehicle

primarily powered by an electric motor that draws current from

rechargeable storage batteries, fuel cells, photovoltaic arrays,

or other sources of electric current and may include an

electric-hybrid vehicle; and

(4) the term "electric-hybrid vehicle" means vehicle primarily

powered by an electric motor that draws current from rechargeable

storage batteries, fuel cells, or other sources of electric

current and also relies on a nonelectric source of power that

also operates on or is capable of operating on a nonelectrical

source of power.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2025, Oct. 24, 1992, 106 Stat.

3063; Pub. L. 105-362, title IV, Sec. 402(a), Nov. 10, 1998, 112

Stat. 3283.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Nonnuclear Energy Research and Development Act of

1974, referred to in subsec. (a), is Pub. L. 93-577, Dec. 31, 1974,

88 Stat. 1878, as amended, which is classified generally to chapter

74 (Sec. 5901 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

5901 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-362, Sec. 402(a)(1),

substituted "biennially" for "annually" in second sentence.

Subsec. (b)(4). Pub. L. 105-362, Sec. 402(a)(2), substituted

"Biennial updates" for "Annual updates" in second sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13431 of this title.

-End-

-CITE-

42 USC Sec. 13436 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

Sec. 13436. Repealed. Pub. L. 104-271, title I, Sec. 103(b)(2),

Oct. 9, 1996, 110 Stat. 3306

-MISC1-

Section, Pub. L. 102-486, title XX, Sec. 2026, Oct. 24, 1992, 106

Stat. 3066; Pub. L. 104-271, title I, Sec. 103(b)(1), Oct. 9, 1996,

110 Stat. 3306, related to a 5-year program on renewable hydrogen

energy systems.

EFFECTIVE DATE OF REPEAL

Pub. L. 104-271, title I, Sec. 103(b)(2), Oct. 9, 1996, 110 Stat.

3306, provided that the repeal made by section 103(b)(2) is

effective Oct. 1, 1998.

-End-

-CITE-

42 USC Sec. 13437 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

Sec. 13437. Advanced diesel emissions program

-STATUTE-

(a) Program direction

The Secretary shall initiate a 5-year program, in accordance with

sections 13541 and 13542 of this title, on diesel engine combustion

and engine systems, related advanced materials, and fuels and

lubricants to reduce emissions oxides of nitrogen and particulates.

Activities conducted under this program shall supplement activities

of a similar nature at the Department of Energy. Such program shall

include field demonstrations of sufficient scale and number in

operating environments to prove technical and economic viability to

meet the goal stated in subsection (b) of this section.

(b) Program goal

The goal of the program established under subsection (a) of this

section shall be to accelerate the ability of United States diesel

manufacturers to meet current and future oxides of nitrogen and

particulate emissions requirements.

(c) Program plan

Within 180 days after October 24, 1992, the Secretary, in

consultation with appropriate representatives of industry,

institutions of higher education, Federal agencies, including

national laboratories, and professional and technical societies,

shall prepare and submit to the Congress a 5-year program plan to

guide the activities under this section. Such plan shall be

included as part of the plan required by section 13431(b) of this

title.

(d) Solicitation of proposals

Within 1 year after October 24, 1992, the Secretary shall solicit

proposals for conducting activities consistent with the 5-year

program plan.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2027, Oct. 24, 1992, 106 Stat.

3066.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13431 of this title.

-End-

-CITE-

42 USC Sec. 13438 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER VIII - REDUCTION OF OIL VULNERABILITY

Part B - Oil and Gas Demand Reduction and Substitution

-HEAD-

Sec. 13438. Telecommuting study

-STATUTE-

(a) Study

The Secretary, in consultation with the Secretary of

Transportation, shall conduct a study of the potential costs and

benefits to the energy and transportation sectors of telecommuting.

The study shall include -

(1) an estimation of the amount and type of reduction of

commuting by form of transportation type and numbers of

commuters;

(2) an estimation of the potential number of lives saved;

(3) an estimation of the reduction in environmental pollution,

in consultation with the Environmental Protection Agency;

(4) an estimation of the amount and type of reduction of energy

use and savings by form of transportation type; and

(5) an estimation of the social impact of widespread use of

telecommuting.

(b) Report to Congress

This study shall be completed no more than one hundred and eighty

days after October 24, 1992. A report, summarizing the results of

the study, shall be transmitted to the United States House of

Representatives and the Committee on Energy and Natural Resources

of the United States Senate no more than sixty days after

completion of this study.

-SOURCE-

(Pub. L. 102-486, title XX, Sec. 2028, Oct. 24, 1992, 106 Stat.

3067.)

-End-

-CITE-

42 USC SUBCHAPTER IX - ENERGY AND ENVIRONMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

-HEAD-

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5905, 13522, 13525 of

this title.

-End-

-CITE-

42 USC Part A - Improved Energy Efficiency 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

PART A - IMPROVED ENERGY EFFICIENCY

-End-

-CITE-

42 USC Sec. 13451 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

Sec. 13451. General improved energy efficiency

-STATUTE-

(a) Program direction

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, on cost effective

technologies to improve energy efficiency and increase the use of

renewable energy in the buildings, industrial, and utility sectors.

Such program shall include a broad range of technological

approaches, and shall include field demonstrations of sufficient

scale and number to prove technical and economic viability to meet

the goals stated in section 13401 of this title. Such program shall

include the activities required under sections 13452, 13453, 13454,

13455, 13456, and 13457 of this title and section 2106 (!1) and

ongoing activities of a similar nature at the Department of Energy.

Such program shall also include the activities conducted pursuant

to the Steel and Aluminum Energy Conservation and Technology

Competitiveness Act of 1988 (Public Law 100-680) [15 U.S.C. 5101 et

seq.] and the Department of Energy Metal Casting Competitiveness

Research Act of 1990 (Public Law 101-425) [15 U.S.C. 5301 et seq.].

(b) Program goals

The goals of the program established under subsection (a) of this

section shall include -

(1) in the buildings sector -

(A) to accelerate the development of technologies that will

increase energy efficiency;

(B) to increase the use of renewable energy; and

(C) to reduce environmental impacts;

(2) in the industrial sector -

(A) to accelerate the development of technologies that will

increase energy efficiency in order to improve productivity;

(B) to increase the use of renewable energy; and

(C) to reduce environmental impacts; and

(3) in the utility sector -

(A) to accelerate the development of technologies that will

increase energy efficiency; and

(B) to increase the use of integrated resource planning.

(c) Program plan

Within 180 days after October 24, 1992, the Secretary shall

prepare and submit to the Congress a 5-year program plan to guide

activities under this part. In preparing the program plan, the

Secretary shall consult with appropriate representatives of

industry, utilities, institutions of higher education, Federal

agencies, including national laboratories, and professional and

technical societies.

(d) Proposals

Within 1 year after October 24, 1992, the Secretary shall solicit

proposals for conducting activities under this section.

(e) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this part, including all building, industry, and

utility sectors energy conservation research and development, and

inventions and innovation under energy conservation technical and

financial assistance, $178,250,000 for fiscal year 1993 and

$275,000,000 for fiscal year 1994.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2101, Oct. 24, 1992, 106 Stat.

3067.)

-REFTEXT-

REFERENCES IN TEXT

Section 2106, referred to in subsec. (a), means section 2106 of

Pub. L. 102-486, which amended sections 5103, 5107, 5108, 5110, and

5307 of Title 15, Commerce and Trade.

The Steel and Aluminum Energy Conservation and Technology

Competitiveness Act of 1988, referred to in subsec. (a), is Pub. L.

100-680, Nov. 17, 1988, 102 Stat. 4073, as amended, which is

classified generally to chapter 77 (Sec. 5101 et seq.) of Title 15.

For complete classification of this Act to the Code, see Short

Title note set out under section 5101 of Title 15 and Tables.

The Department of Energy Metal Casting Competitiveness Research

Act of 1990, referred to in subsec. (a), is Pub. L. 101-425, Oct.

15, 1990, 104 Stat. 915, as amended, which is classified generally

to chapter 79 (Sec. 5301 et seq.) of Title 15. For complete

classification of this Act to the Code, see Short Title note set

out under section 5301 of Title 15 and Tables.

This part, referred to in subsecs. (c) and (e), was in the

original "this subtitle" meaning subtitle A of title XXI of Pub. L.

102-486, Oct. 24, 1992, 106 Stat. 3067, which enacted this part and

amended sections 5103, 5107, 5108, 5110, and 5307 of Title 15.

-MISC1-

DISTRICT HEATING AND COOLING PROGRAMS

Section 172 of Pub. L. 102-486 provided that:

"(a) In General. - The Secretary, in consultation with

appropriate industry organizations, shall conduct a study to -

"(1) assess existing district heating and cooling technologies

to determine cost-effectiveness, technical performance, energy

efficiency, and environmental impacts as compared to alternative

methods for heating and cooling buildings;

"(2) estimate the economic value of benefits that may result

from implementation of district heating and cooling systems but

that are not currently recognized, such as reduced emissions of

air pollutants, local economic development, and energy security;

"(3) evaluate the cost-effectiveness, including the economic

value referred to in paragraph (2), of cogenerated district

heating and cooling technologies compared to other alternatives

for generating or conserving electricity; and

"(4) assess and make recommendations for reducing institutional

and other constraints on the implementation of district heating

and cooling systems.

"(b) Report. - Not later than 2 years after the date of the

enactment of this Act [Oct. 24, 1992], the Secretary shall transmit

to the Congress a report containing the findings, conclusions and

recommendations, if any, of the Secretary for carrying out Federal,

State, and local programs as a result of the study conducted under

subsection (a)."

STUDY AND REPORT ON VIBRATION REDUCTION TECHNOLOGIES

Pub. L. 102-486, title I, Sec. 173, Oct. 24, 1992, 106 Stat.

2865, as amended by Pub. L. 105-362, title IV, Sec. 401(c), Nov.

10, 1998, 112 Stat. 3282, provided that:

"(a) In General. - The Secretary shall, in consultation with the

appropriate industry representatives, conduct a study to assess the

cost-effectiveness, technical performance, energy efficiency, and

environmental impacts of active noise and vibration cancellation

technologies that use fast adapting algorithms.

"(b) Procedure. - In carrying out such study, the Secretary shall

-

"(1) estimate the potential for conserving energy and the

economic and environmental benefits that may result from

implementing active noise and vibration abatement technologies in

demand side management; and

"(2) evaluate the cost-effectiveness of active noise and

vibration cancellation technologies as compared to other

alternatives for reducing noise and vibration.

"(c) Demonstration. - The Secretary may, based on the findings

and conclusions of the study carried out under this section,

conduct at least one project designed to demonstrate the commercial

application of active noise and vibration cancellation technologies

using fast adapting algorithms in products or equipment with a

significant potential for increased energy efficiency."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13472, 13501, 13502 of

this title; title 15 sections 5108, 5307.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13452 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

Sec. 13452. Natural gas and electric heating and cooling

technologies

-STATUTE-

(a) Program direction

(1) The Secretary shall conduct a 5-year program, in accordance

with sections 13541 and 13542 of this title, on energy efficient

natural gas and electric heating and cooling technologies for

residential and commercial buildings.

(2) The natural gas heating and cooling program shall include

activities on -

(A) thermally activated heat pumps, including absorption heat

pumps and engine-driven heat pumps; and

(B) other advanced natural gas technologies, including fuel

cells for residential and commercial applications.

(3) The electric heating and cooling program shall focus on -

(A) advanced heat pumps;

(B) thermal storage; and

(C) advanced electric HVAC (heating, ventilating, and air

conditioning) and refrigeration systems that utilize replacements

for chlorofluorocarbons.

(b) Proposals

Within 180 days after October 24, 1992, the Secretary shall

solicit proposals for conducting activities under this section.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2102, Oct. 24, 1992, 106 Stat.

3068.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13451 of this title.

-End-

-CITE-

42 USC Sec. 13453 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

Sec. 13453. Pulp and paper

-STATUTE-

(a) Program direction

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, on advanced pulp and paper

technologies. Such program shall include activities on energy

generation technologies, boilers, combustion processes, pulping

processes (excluding de-inking), chemical recovery, causticizing,

source reduction processes, and other related technologies that can

improve the energy efficiency of, and reduce the adverse

environmental impacts of, pulp and papermaking operations. This

section does not authorize projects involving the combustion of

waste paper, other than gasification.

(b) Proposals

Within 180 days after October 24, 1992, the Secretary shall

solicit proposals for conducting activities under this section.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2103, Oct. 24, 1992, 106 Stat.

3069.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13451 of this title.

-End-

-CITE-

42 USC Sec. 13454 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

Sec. 13454. Advanced buildings for 2005

-STATUTE-

(a) Program direction

The Secretary shall initiate a 5-year program, in accordance with

sections 13541 and 13542 of this title, to increase building energy

efficiency, while maintaining affordability, by the year 2005. Such

program shall include activities on -

(1) building design, design methods, and construction

techniques;

(2) building materials, including recycled materials, and

components;

(3) on-site energy supply conversion systems such as

photovoltaics;

(4) automated energy management systems;

(5) methods of evaluating performance; and

(6) insulation products manufactured with nonozone depleting

materials.

(b) Proposals

(1) Solicitation

Within 1 year after October 24, 1992, the Secretary shall

solicit proposals for conducting activities under this section.

(2) Contents of proposals

Proposals submitted under this subsection shall include and be

judged upon -

(A) evidence of knowledge of current building practices in

the United States and in other countries;

(B) an explanation of how the proposal will encourage the

commercialization of the technologies resulting from activities

in subsection (a) of this section;

(C) evidence of consideration of collaboration with

Department of Energy national laboratories;

(D) evidence of collaboration with relevant industry or other

groups or organizations; and

(E) a demonstration of the ability of the proposers to

undertake and complete the project proposed.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2104, Oct. 24, 1992, 106 Stat.

3069.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13451 of this title.

-End-

-CITE-

42 USC Sec. 13455 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

Sec. 13455. Electric drives

-STATUTE-

(a) Program

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, to increase the efficiency

of electric drive technologies, including adjustable speed drives,

high speed motors, and high efficiency motors.

(b) Proposals

Within 1 year after October 24, 1992, the Secretary shall solicit

proposals for projects under this section.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2105, Oct. 24, 1992, 106 Stat.

3070.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13451 of this title.

-End-

-CITE-

42 USC Sec. 13456 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

Sec. 13456. Improving efficiency in energy-intensive industries

-STATUTE-

(a) Secretarial action

The Secretary, in accordance with sections 13541 and 13542 of

this title, shall -

(1) pursue a research, development, demonstration and

commercial application program intended to improve energy

efficiency and productivity in energy-intensive industries and

industrial processes; and

(2) undertake joint ventures to encourage the commercialization

of technologies developed under paragraph (1).

(b) Joint ventures

(1) The Secretary shall -

(A) conduct a competitive solicitation for proposals from

private firms and investors for such joint ventures under

subsection (a)(2) of this section; and

(B) provide financial assistance to at least five such joint

ventures.

(2) The purpose of the joint ventures shall be to design, test,

and demonstrate changes to industrial processes that will result in

improved energy efficiency and productivity. The joint ventures may

also demonstrate other improvements of benefit to such industries

so long as demonstration of energy efficiency improvements is the

principal objective of the joint venture.

(3) In evaluating proposals for financial assistance and joint

ventures under this section, the Secretary shall consider -

(A) whether the activities conducted under this section improve

the quality and energy efficiency of industries or industrial

processes;

(B) the regional distribution of the energy-intensive

industries and industrial processes; and

(C) whether the proposed joint venture project would be located

in the region which has the energy-intensive industry and

industrial processes that would benefit from the project.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2107, Oct. 24, 1992, 106 Stat.

3070.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13451 of this title.

-End-

-CITE-

42 USC Sec. 13457 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

Sec. 13457. Energy efficient environmental program

-STATUTE-

(a) Program direction

The Secretary, in consultation with the Administrator of the

Environmental Protection Agency, is authorized to continue to carry

out a 5-year program to improve the energy efficiency and cost

effectiveness of pollution prevention technologies and processes,

including source reduction and waste minimization technologies and

processes. The purposes of this section shall be to -

(1) apply a systems approach to minimizing adverse

environmental effects of industrial production in the most cost

effective and energy efficient manner; and

(2) incorporate consideration of the entire materials and

energy cycle with the goal of minimizing adverse environmental

impacts.

(b) Identification of opportunities

Within 9 months after October 24, 1992, the Secretary, in

consultation with the Administrator of the Environmental Protection

Agency, shall identify opportunities for the demonstration of

energy efficient pollution prevention technologies and processes.

(c) Report

Within 1 year after October 24, 1992, the Secretary shall submit

a report to Congress evaluating the opportunities identified under

subsection (b) of this section. Such report shall include -

(1) an assessment of the technologies available to increase

productivity and simultaneously reduce the consumption of energy

and material resources and the production of wastes;

(2) an assessment of the current use of such technologies by

industry in the United States;

(3) the status of any such technologies currently being

developed, together with projected schedules of their commercial

availability;

(4) the energy savings resulting from the use of such

technologies;

(5) the environmental benefits of such technologies;

(6) the costs of such technologies;

(7) an evaluation of any existing Federal or State regulatory

disincentives for the employment of such technologies; and

(8) an evaluation of any other barriers to the use of such

technologies.

In preparing the report required by this subsection, the Secretary

shall consult with the Administrator of the Environmental

Protection Agency, any other Federal, State, or local official the

Secretary considers necessary, representatives of appropriate

industries, members of organizations formed to further the goals of

environmental protection or energy efficiency, and other

appropriate interested members of the public, as determined by the

Secretary.

(d) Proposals

Within 1 year after October 24, 1992, the Secretary, in

consultation with the Administrator of the Environmental Protection

Agency, shall solicit proposals for activities under this section.

Proposals selected under this subsection shall demonstrate -

(1) technical viability and cost effectiveness; and

(2) procedures for technology transfer and information outreach

during and after completion of the project.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2108, Oct. 24, 1992, 106 Stat.

3071.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13451 of this title.

-End-

-CITE-

42 USC Sec. 13458 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part A - Improved Energy Efficiency

-HEAD-

Sec. 13458. Energy efficient lighting and building centers

-STATUTE-

(a) Purpose

The purpose of this section is to encourage energy efficiency in

buildings through the establishment of regional centers to promote

energy efficient lighting, heating and cooling, and building

design.

(b) Grants for establishment

Not later than 18 months after October 24, 1992, the Secretary

shall make grants to nonprofit institutions, or to consortiums that

may include nonprofit institutions, State and local governments,

universities, and utilities, to establish or enhance one regional

building energy efficiency center (hereafter in this section

referred to as a "regional center") in each of the 10 regions

served by a Department of Energy regional support office.

(c) Permitted activities

Each regional center established under this section may -

(1) provide information, training, and technical assistance to

building professionals such as architects, designers, engineers,

contractors, and building code officials, on building energy

efficiency methods and technologies, including lighting, heating

and cooling, and passive solar;

(2) operate an outreach program to inform such building

professionals of the benefits and opportunities of energy

efficiency, and of the services of the center;

(3) provide displays demonstrating building energy efficiency

methods and technologies, such as lighting, windows, and heating

and cooling equipment;

(4) coordinate its activities and programs with other

institutions within the region, such as State and local

governments, utilities, and educational institutions, in order to

support their efforts to promote building energy efficiency;

(5) serve as a clearinghouse to ensure that information about

new building energy efficiency technologies, including case

studies of successful applications, is disseminated to end-users

in the region;

(6) study the building energy needs of the region and make

available region-specific energy efficiency information to

facilitate the adoption of cost-effective energy efficiency

improvements;

(7) assist educational institutions in establishing building

energy efficiency engineering and technical programs and

curricula; and

(8) evaluate the performance of the center in promoting

building energy efficiency.

(d) Application

Any nonprofit institution or consortium interested in receiving a

grant under this section shall submit to the Secretary an

application in such form and containing such information as the

Secretary may require. A lighting or building energy center in

existence on October 24, 1992, which is owned and operated by a

nonprofit institution or a consortium as described in subsection

(b) of this section shall be eligible for a grant under this

section.

(e) Selection criteria

The Secretary shall select recipients of grants under this

section on the basis of the following criteria:

(1) The capability of the grant recipient to establish a board

of directors for the regional center composed of representatives

from utilities, State and local governments, building trade and

professional organizations, manufacturers, and nonprofit energy

and environmental organizations.

(2) The demonstrated or potential resources available to the

grant recipient for carrying out this subsection.

(3) The demonstrated or potential ability of the grant

recipient to promote building energy efficiency by carrying out

the activities specified in subsection (c) of this section.

(4) The activities which the grant recipient proposes to carry

out under the grant.

(f) Requirement of matching funds

(1) Federal share

The Federal share of a grant under this section shall be no

more than 50 percent of the costs of establishing, and no more

than 25 percent of the cost of operating the regional center.

(2) Non-Federal contributions

No grant may be made under this section in any fiscal year

unless the recipient of such grant enters into such agreements

with the Secretary as the Secretary may require to ensure that

such recipient will provide the necessary non-Federal

contributions. Such non-Federal contributions may be provided by

utilities, State and local governments, nonprofit institutions,

foundations, corporations, and other non-Federal entities.

(g) Task force

The Secretary shall establish a task force to -

(1) advise the Secretary on activities to be carried out by

grant recipients;

(2) review and evaluate programs carried out by grant

recipients; and

(3) make recommendations regarding the building energy

efficiency center grant program.

(h) Membership terms and administration of task force

(1) In general

The task force shall be composed of approximately 20 members,

appointed by the Secretary, with expertise in the area of

building energy efficiency, including representatives from -

(A) State or local energy offices;

(B) utilities;

(C) building construction trade or professional associations;

(D) architecture, engineering or professional associations;

(E) building component or equipment manufacturers;

(F) from (!1) national laboratories;

(G) building code officials or professional associations; and

(H) nonprofit energy or environmental organizations.

(2) Geographic representation

The Secretary shall ensure that there is broad geographical

representation among task force members.

(3) Terms

Members shall be appointed for a term of 3 years. A vacancy in

the task force shall be filled in the manner in which the

original appointment was made.

(4) Pay

Members shall serve without pay. Each member shall receive

travel expenses, including per diem in lieu of subsistence, in

accordance with sections 5702 and 5703 of title 5.

(5) Chairperson

The Chairperson and Vice Chairperson of the task force shall be

elected by the members.

(6) Meetings

The task force shall meet biannually and at the call of the

Chairperson.

(7) Inapplicability of termination date

Section 14 of the Federal Advisory Committee Act shall not

apply to the task force.

(i) Omitted

(j) Authorization of appropriations

There is authorized to be appropriated for purposes of carrying

out this section, to remain available until expended, not more than

$10,000,000 for each of fiscal years 1994, 1995, and 1996.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 103, Oct. 24, 1992, 106 Stat.

2789.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (h)(7), is section 14 of Pub. L. 92-463, which is set out

in the Appendix to Title 5, Government Organization and Employees.

-COD-

CODIFICATION

Subsec. (i) of this section, which required the Secretary to

transmit annually to Congress a report on the activities of

regional centers established under this section, including the

degree to which matching funds are being leveraged from private

sources to establish and operate such centers, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, the 6th item on page 88 of House Document

No. 103-7.

Section was enacted as part of title I of the Energy Policy Act,

and not as part of title XXI of that Act which comprises this

subchapter.

-FOOTNOTE-

(!1) So in original. The word "from" probably should not appear.

-End-

-CITE-

42 USC Part B - Electricity Generation and Use 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

PART B - ELECTRICITY GENERATION AND USE

-End-

-CITE-

42 USC Sec. 13471 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13471. Renewable energy

-STATUTE-

(a) Program direction

The Secretary shall conduct a comprehensive 5-year program, in

accordance with sections 13541 and 13542 of this title, to provide

cost-effective options for the generation of electricity from

renewable energy sources for grid and nongrid application,

including field demonstrations of sufficient scale and number in

operating environments to prove technical and economic feasibility

for providing cost effective generation and for meeting the goal

stated in section 13401(3) of this title and section 13382(a)(4) of

this title.

(b) Program plan

Within 180 days after October 24, 1992, the Secretary shall

prepare and submit to the Congress a 5-year program plan to guide

the activities under this section. In preparing the program plan,

the Secretary shall consult with appropriate representatives of

industry, institutions of higher education, Federal agencies,

including national laboratories, and professional and technical

societies.

(c) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section, including all solar energy programs

(other than activities under section 13431 of this title),

geothermal systems, electric energy systems, and energy storage

systems, $208,975,000 for fiscal year 1993 and $275,000,000 for

fiscal year 1994.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2111, Oct. 24, 1992, 106 Stat.

3072.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13477, 13479, 13501 of

this title.

-End-

-CITE-

42 USC Sec. 13472 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13472. High efficiency heat engines

-STATUTE-

(a) Program direction

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, to improve the efficiency

of heat engines. Such program shall -

(1) include field demonstrations of sufficient scale and number

so as to demonstrate technical and economic feasibility;

(2) incorporate materials that increase engine efficiency; and

(3) cover advanced engine designs for electric and industrial

power generation for a range of small-, mid-, and large-scale

applications, including -

(A) mechanically recuperated gas turbines;

(B) intercooled gas turbines with steam injection or

recuperation;

(C) gas turbines utilizing reformed fuels or hydrogen; and

(D) high efficiency, simple cycle gas turbines.

(b) Program goal

The goal of the program established under subsection (a) of this

section shall be to develop heat engines that can achieve over 50

percent efficiency in the mid-term.

(c) Program plan

Within 180 days after October 24, 1992, the Secretary shall

prepare and submit to the Congress a 5-year program plan, to be

included in the plan required under section 13451(c) of this title,

to guide the activities under this section. In preparing the

program plan, the Secretary shall consult with appropriate

representatives of industry, institutions of higher education,

Federal agencies, including the Environmental Protection Agency and

national laboratories, and professional and technical societies.

(d) Proposals

Within 1 year after October 24, 1992, the Secretary shall solicit

proposals for conducting activities under this section.

(e) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section such sums as may be necessary to be

derived from sums authorized under section 13451(e) of this title.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2112, Oct. 24, 1992, 106 Stat.

3072.)

-End-

-CITE-

42 USC Sec. 13473 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13473. Civilian nuclear waste

-STATUTE-

(a) Study

The Secretary shall conduct a study of the potential for

minimizing the volume and toxic lifetime of nuclear waste,

including an analysis of the viability of existing technologies and

an assessment of the extent of research and development required

for new technologies.

(b) Program

Based on the results of the study required under subsection (a)

of this section, the Secretary shall prepare and submit to Congress

a 5-year program plan for carrying out a program of research and

development on new technologies for minimizing the volume and toxic

lifetime of, and thereby mitigating hazards associated with,

nuclear waste.

(c) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section $4,700,000 for fiscal year 1993 and such

sums as may be necessary for fiscal year 1994.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2113, Oct. 24, 1992, 106 Stat.

3073.)

-End-

-CITE-

42 USC Sec. 13474 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13474. Fusion energy

-STATUTE-

(a) Program

The Secretary shall conduct a fusion energy 5-year program, in

accordance with sections 13541 and 13542 of this title, that by the

year 2010 will result in a technology demonstration which verifies

the practicability of commercial electric power production.

(b) Program goals

The goals of the program established under subsection (a) of this

section shall include -

(1) a broad based fusion energy program;

(2) United States participation in the Engineering Design

Activity of the International Thermonuclear Experimental Reactor

(ITER) program and in the related research and technology

development efforts;

(3) the development of technology for fusion power and

industrial participation in the development of such technology;

(4) the design and construction of a major new machine for

fusion research and technology development consistent with

paragraphs (2) and (3); and

(5) research and development for Inertial Confinement Fusion

Energy and development of a Heavy Ion Inertial Confinement Fusion

experiment.

(c) Management plan

(1) Within 180 days after October 24, 1992, the Secretary shall

prepare a comprehensive management plan for the fusion energy

program. The plan shall include specific program objectives,

milestones and schedules for technology development, and cost

estimates and program management resource requirements.

(2) The plan shall also include a description of -

(A) United States participation in the Engineering Design

Activity of ITER, including industrial participation;

(B) potential United States participation in the construction

and operation of an ITER facility; and

(C) the requirements needed to build and test an inertial

fusion energy reactor for the purpose of power production.

(3) As part of the plan required under paragraph (1), the

Secretary shall evaluate the status of international fusion

programs and evaluate whether the Federal Government should

initiate efforts to strengthen existing international cooperative

agreements in fusion energy or enter into new cooperative

agreements to accomplish the purposes of this section.

(4) The plan shall also evaluate the extent to which university

or private sector participation is appropriate or necessary in

order to carry out the purposes of this section.

(5) The President shall include in the budget submitted to the

Congress each year under section 1105 of title 31 a report prepared

by the Secretary describing the progress made in meeting the

program objectives, milestones, and schedules established in the

management plan. Each such report shall also describe the

organization of the program, the personnel assigned and funds

committed to the program, and expenditures made in carrying out the

program objectives. The report shall be submitted with the plan

required under section 13523 of this title.

(d) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section $339,710,000 for fiscal year 1993 and

$380,000,000 for fiscal year 1994.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2114, Oct. 24, 1992, 106 Stat.

3073; Pub. L. 104-66, title I, Sec. 1052(i), Dec. 21, 1995, 109

Stat. 719.)

-MISC1-

AMENDMENTS

1995 - Subsec. (c)(5). Pub. L. 104-66 inserted first sentence and

struck out former first sentence which read as follows: "Within 1

year after October 24, 1992, and every 2 years thereafter, the

Secretary shall issue a report describing the progress made in

meeting the program objectives, milestones, and schedules

established in the management plan."

-End-

-CITE-

42 USC Sec. 13475 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13475. Fuel cells

-STATUTE-

(a) Program direction

The Secretary shall conduct a 5-year program, in accordance with

sections 13541 and 13542 of this title, on efficient and

environmentally benign power generation using fuel cells. The

program may include activities on molten carbonate, solid oxide,

including tubular, monolithic, and planar technologies, and

advanced concepts.

(b) Program goal

The goal of the program established under subsection (a) of this

section is the development of cost-effective, efficient, and

environmentally benign fuel cell systems which will operate on

fossil fuels in multiple end use sectors.

(c) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section $51,555,000 for fiscal year 1993 and

$56,000,000 for fiscal year 1994.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2115, Oct. 24, 1992, 106 Stat.

3074.)

-End-

-CITE-

42 USC Sec. 13476 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13476. Environmental restoration and waste management program

-STATUTE-

(a) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

fiscal year 1993 $70,000,000 for the Fast Flux Test Facility to

maintain the operational status of the reactor, such sums to be

derived from amounts appropriated to the Secretary for the

environmental restoration and waste management program.

(b) Long-term missions

The Secretary shall aggressively pursue the development and

implementation of long-term missions for the Fast Flux Test

Facility. Within 6 months after October 24, 1992, the Secretary

shall submit to the Congress a report on the progress made in

carrying out this subsection.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2116, Oct. 24, 1992, 106 Stat.

3075.)

-End-

-CITE-

42 USC Sec. 13477 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13477. High-temperature superconductivity program

-STATUTE-

(a) Program

The Secretary shall carry out a 5-year program, in accordance

with sections 13541 and 13542 of this title, on high-temperature

superconducting electric power equipment technologies. Elements of

the program shall include, but are not limited to -

(1) activities that address the development of high-temperature

superconducting materials that have increased electrical current

capacity, which shall be the emphasis of the program for the

near-term;

(2) the development of prototypes, where appropriate, of the

major elements of a superconducting electric power system such as

motors, generators, transmission lines, transformers, and

magnetic energy storage systems;

(3) activities that will improve the efficiency of materials

performance of higher temperatures and at all magnetic field

orientations;

(4) development of prototypes based on high-temperature

superconducting wire, that operate at the highest temperature

possible, and refrigeration systems using cryogenics such as

nitrogen;

(5) activities that will assist the private sector with designs

for more efficient electric power generation and delivery systems

which are cost competitive with conventional energy systems; and

(6) development of prototypes that have application in both the

commercial and defense sectors.

The Secretary is also encouraged to expedite government,

laboratory, industry, and university collaborative agreements under

existing mechanisms at the Department of Energy in coordination

with other Federal agencies.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section $21,900,000 for fiscal year 1993 and such

sums as may be necessary for subsequent fiscal years, to be derived

from sums authorized under section 13471(c) of this title.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2117, Oct. 24, 1992, 106 Stat.

3075.)

-End-

-CITE-

42 USC Sec. 13478 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13478. Electric and magnetic fields research and public

information dissemination program

-STATUTE-

(a) Program

The Secretary shall, in accordance with this section (including

the agenda developed under subsection (d)(1)(A) of this section)

and within 2 months after October 24, 1992, establish a

comprehensive program to -

(1) determine whether or not exposure to electric and magnetic

fields produced by the generation, transmission, and use of

electric energy affects human health;

(2) carry out research, development, and demonstration with

respect to technologies to mitigate any adverse human health

effects; and

(3) provide for dissemination of information described in

subsection (b)(1) of this section to the public.

(b) Contents

The program shall provide for -

(1) collection, compilation, publication, and dissemination of

scientifically valid information on -

(A) possible human health effects of electric and magnetic

fields;

(B) the types and extent of human exposure to electric and

magnetic fields in various occupational and residential

settings;

(C) technologies to measure and characterize electric and

magnetic fields; and

(D) methods to assess and manage exposure to electric and

magnetic fields;

(2)(A) research on mechanisms by which electric and magnetic

fields interact with biological systems; and

(B) epidemiological research on the possible human health

effects of electric and magnetic fields; and

(3) research, development, and demonstration with respect to -

(A) technologies to improve the measurement and

characterization of electric and magnetic fields; and

(B) techniques to assess and manage exposure to electric and

magnetic fields.

(c) Role of Director

(1) Role of Director

The Secretary of Health and Human Services, acting through the

Director, shall have sole responsibility under the program for

research on possible human health effects of electric and

magnetic fields. The Director may delegate this responsibility to

the extent the Director determines appropriate.

(2) Agreement

Within 6 months after October 24, 1992, the Secretary shall

enter into an agreement with the Secretary of Health and Human

Services to carry out, through the Director, the information

activities under subsection (b)(1)(A) of this section and the

research under subsection (b)(2) of this section.

(3) Actions of Director

The actions of the Director in carrying out research and

information responsibilities under this section shall not be

subject to approval by the Secretary.

(4) Transfer of funds

The Secretary is authorized, subject to appropriations Acts, to

transfer funds to the Director to carry out the Director's

responsibilities under paragraph (2).

(5) Report

The Director shall report, by June 1, 1995, and by March 31,

1998, and as appropriate, to the Interagency Committee

established under subsection (d) of this section and to Congress

the findings and conclusions of the Director on the extent to

which exposure to electric and magnetic fields produced by the

generation, transmission, or use of electric energy affects human

health.

(d) Interagency Committee

(1) The President shall, within 2 months after October 24, 1992,

establish the Electric and Magnetic Fields Interagency Committee to

-

(A) develop within 8 months after October 24, 1992, a

comprehensive agenda for conducting research, development, and

demonstration under the program, with particular emphasis on

electric and magnetic fields of the 60 hertz frequency;

(B) develop recommendations, within 8 months after October 24,

1992, for guidelines for the coordination of activities of

Federal agencies engaged in research on human health effects of

electric and magnetic fields that ensure that such research

advances the agenda under subparagraph (A) and is not

unnecessarily duplicative of other research activities;

(C) develop recommendations, within 8 months after October 24,

1992, for mechanisms for communication of the results of the

program to the public, including recommendations on the scope and

nature of the information to be disseminated; and

(D) monitor, review and periodically evaluate the program.

(2)(A) The Interagency Committee shall be composed of 9 members

with 1 member to be appointed from each of the following:

(i) The Department of Energy.

(ii) The National Institute of Environmental Health Sciences.

(iii) The Environmental Protection Agency.

(iv) The Department of Defense.

(v) The Occupational Safety and Health Administration.

(vi) The National Institute of Standards and Technology.

(vii) The Department of Transportation.

(viii) The Rural Electrification Administration.

(ix) The Federal Energy Regulatory Commission.

(B) The Interagency Committee shall elect a chairperson from

among its members who shall be responsible for ensuring that the

duties of the Interagency Committee are carried out.

(C) Agencies that have members on the Interagency Committee shall

provide appropriate staff to carry out the duties of the

Interagency Committee.

(e) Advisory Committee

(1) Not later than 2 months after October 24, 1992, the Secretary

of Health and Human Services and the Secretary shall establish the

National Electric and Magnetic Fields Advisory Committee in

accordance with the Federal Advisory Committee Act [5 App. U.S.C.]

and this section.

(2) The Advisory Committee shall make recommendations to the

Interagency Committee with respect to the duties of the Interagency

Committee under subsection (d)(1) of this section and advise the

Secretary and the Director with respect to the design and

implementation of the program, including preparation of

solicitations for proposals to conduct research under the program.

(3) The Advisory Committee shall be composed of 10 members,

chosen from among experts in possible human health effects of

electric and magnetic fields, experts in the measurement and

characterization of electric and magnetic fields, experts in the

assessment and management of electric and magnetic fields, State

regulatory agencies, State health agencies, electric utilities,

electric equipment manufacturers, labor unions and the public. Five

members shall be chosen by the Secretary of Health and Human

Services in consultation with the Director, and 5 members shall be

chosen by the Secretary.

(4) The Advisory Committee shall elect a chairperson from among

its members who shall be responsible for ensuring that the duties

of the Advisory Committee are carried out.

(5) The Advisory Committee shall terminate not later than

December 31, 1998.

(f) Financial assistance

(1) The Secretary and the Director may provide financial

assistance and enter into contracts to conduct activities under the

program.

(2) The Secretary shall solicit contributions from non-Federal

sources to offset at least 50 percent of the total funding for all

activities under the program. The Secretary shall adopt procedures,

including a mechanism for collecting contributions, that ensures

that no contributor of non-Federal funds may influence the program.

(3) The Secretary may not obligate funds under this section in

any fiscal year unless funds received from non-Federal sources

under paragraph (2) are available to offset at least 50 percent of

the appropriations made under subsection (j) of this section for

such fiscal year.

(4) Solicitation and selection of proposals

(A) In general. - Within 15 months after October 24, 1992, and

as often thereafter as appropriate, the Secretary and the

Director shall, in consultation with the Interagency Committee,

solicit and select proposals to conduct activities under the

program.

(B) Consultation with advisory committee. - In preparing

solicitations for proposals to conduct activities, the Secretary

and the Director shall consult with the Advisory Committee.

(C) Peer review panels. - Before a proposal to conduct

activities under the program may be selected by the Secretary or

the Director, such proposal must be submitted to, and evaluated

by, at least one scientific and technical peer review panel.

(g) Reports

(1) Report upon completion of activity

Any person who conducts activities under the program shall,

upon completion of the activity, submit to the National Academy

of Sciences, the Interagency Committee, and the Advisory

Committee a report summarizing the activities and results

thereof.

(2) Report to Interagency Committee and Advisory Committee

The Secretary shall enter into appropriate arrangements with

the National Academy of Sciences under which the Academy shall

periodically submit to the Interagency Committee and the Advisory

Committee a report that evaluates the research activities under

the program. The report shall include recommendations to promote

the effective transfer of information derived from such research

projects, including the transfer to representatives of State

regulatory agencies, State health agencies, electric utilities,

electrical equipment manufacturers, labor unions, and the public.

The Secretary shall be responsible for expenses incurred by the

Academy in connection with the preparation of such reports.

(3) Report to Congress

The Interagency Committee, in consultation with the Advisory

Committee, shall submit to the Secretary and the Congress -

(A) not later than December 31, 1995, a report summarizing

the progress of the research program established under this

subsection; and

(B) not later than September 30, 1998, a final report stating

the Committee's findings and conclusions on the effects, if

any, of electric and magnetic fields on human health and

remedial actions, if any, that may be needed to minimize any

such health effects.

(h) Conflicts of interest

The Secretary and the Director shall include conflict of interest

provisions in any grant or other funding provided, or contract

entered into, under the research program established under this

section including provisions -

(1) that require any person conducting a project under such

program to disclose any other source of funding received by the

person to conduct other related projects, including funding

received from consulting on issues relating to electric and

magnetic fields; and

(2) that prohibit a person who has been awarded a grant or

contract under this program from receiving compensation beyond

expenses for testifying in a court of law as an expert on the

specific research the person is conducting under such grant or

contract.

(i) Definitions

For purposes of this section:

(1) The term "Advisory Committee" means the National Electric

and Magnetic Fields Advisory Committee established under

subsection (e) of this section.

(2) The term "Interagency Committee" means the Electric and

Magnetic Fields Interagency Committee established under

subsection (d) of this section.

(3) The term "Director" means the Director of the National

Institute of Environmental Health Sciences.

(4) The term "program" means the electric and magnetic fields

research and public information dissemination program established

in subsection (a) of this section.

(5) The term "State" means each of the 50 States, the District

of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands, Guam, the Virgin Islands, American

Samoa, the Trust Territory of the Pacific Islands, and any other

commonwealth, territory, or possession of the United States.

(j) Authorization of appropriations

(1) General authorization

There are authorized to be appropriated to the Secretary a

total of $46,000,000 for the period encompassing fiscal years

1993 through 1998 to carry out the provisions of this section,

except that not more than $1,000,000 may be expended in any such

fiscal year for activities under subsection (b)(1) of this

section. Any amounts appropriated pursuant to this paragraph

shall remain available until expended.

(2) Restrictions on use of funds

(A) Administrative expenses of certain funding recipients

Of the total funds provided to any institution under this

section, the amount of such funds that may be used for the

administrative indirect costs of the institution may not exceed

26 percent of the modified direct costs of the project.

(B) Administrative expenses of the Secretary and the Director

Of the total amount of funds made available under this

section for any fiscal year, not more than 10 percent of such

funds may be used for authorized administrative expenses of the

Secretary and the Director in carrying out this section.

(C) Construction and rehabilitation of facilities and equipment

Funds made available under this section may not be used for

the construction or rehabilitation of facilities or fixed

equipment.

(k) Sense of Congress

It is the sense of the Congress that remedial action taken by the

Government on electric and magnetic fields, if and as necessary,

should be based on, and consistent with, scientifically valid

research such as the results and findings of the research

authorized by this Act.

(l) Sunset provision

All authority under this section shall expire on December 31,

1998.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2118, Oct. 24, 1992, 106 Stat.

3075; Pub. L. 105-23, Sec. 1, July 3, 1997, 111 Stat. 237.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(e)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

This Act, referred to in subsec. (k), is Pub. L. 102-486, Oct.

24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.

For complete classification of this Act to the Code, see Short

Title note set out under section 13201 of this title and Tables.

-MISC1-

AMENDMENTS

1997 - Subsecs. (c)(5), (e)(5), (g)(3)(B). Pub. L. 105-23, Sec.

1(1), substituted "1998" for "1997".

Subsec. (j)(1). Pub. L. 105-23 substituted "$46,000,000" for

"$65,000,000" and "1998" for "1997".

Subsec. (l). Pub. L. 105-23, Sec. 1(1), substituted "1998" for

"1997".

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 13479 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part B - Electricity Generation and Use

-HEAD-

Sec. 13479. Spark M. Matsunaga Renewable Energy and Ocean

Technology Center

-STATUTE-

(a) Findings

The Congress finds that -

(1) the late Spark M. Matsunaga, United States Senator from

Hawaii, was a longstanding champion of research and development

of renewable energy, particularly wind and ocean energy,

photovoltaics, and hydrogen fuels;

(2) it was Senator Matsunaga's vision that renewable energy

could provide a sustained source of non-polluting energy and that

such forms of alternative energy might ultimately be employed in

the production of liquid hydrogen as a transportation fuel and

energy storage medium available as an energy export;

(3) Senator Matsunaga also believed that research on other

aspects of renewable energy and ocean resources, such as advanced

materials, could be crucial to full development of energy storage

and conversion systems; and

(4) Keahole Point, Hawaii is particularly well-suited as a site

to conduct renewable energy and associated marine research.

(b) Purpose

It is the purpose of this section to establish the facilities and

equipment located at Keahole Point, Hawaii as a cooperative

research and development facility, to be known as the Spark M.

Matsunaga Renewable Energy and Ocean Technology Center.

(c) Establishment

The facilities and equipment located at Keahole Point, Hawaii are

established as the Spark M. Matsunaga Renewable Energy and Ocean

Technology Center (in this section referred to as the "Center").

(d) Administration

(1) Not later than 180 days after October 24, 1992, the Secretary

may authorize a cooperative agreement with a qualified research

institution to administer the Center.

(2) For the purpose of paragraph (1), a qualified research

institution is a research institution located in the State of

Hawaii that has demonstrated competence and will be the lead

organization in the State in renewable energy and ocean

technologies.

(e) Activities

The Center may carry out research, development, educational, and

technology transfer activities on -

(1) renewable energy;

(2) energy storage, including the production of hydrogen from

renewable energy;

(3) materials applications related to energy and marine

environments;

(4) other environmental and ocean research concepts, including

sea ranching and global climate change; and

(5) such other matters as the Secretary may direct.

(f) Matching funds

To be eligible for Federal funds under this section, the Center

must provide funding in cash or in kind from non-Federal sources

for each amount provided by the Secretary.

(g) Authorization of appropriations

There is authorized to be appropriated to the Secretary for

carrying out this section such sums as may be necessary, to be

derived from sums authorized under section 13471(c) of this title.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2119, Oct. 24, 1992, 106 Stat.

3080.)

-End-

-CITE-

42 USC Part C - Advanced Nuclear Reactors 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part C - Advanced Nuclear Reactors

-HEAD-

PART C - ADVANCED NUCLEAR REACTORS

-End-

-CITE-

42 USC Sec. 13491 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part C - Advanced Nuclear Reactors

-HEAD-

Sec. 13491. Purposes and definitions

-STATUTE-

(a) Purposes

The purposes of this part are -

(1) to require the Secretary to carry out civilian nuclear

programs in a way that will lead toward the commercial

availability of advanced nuclear reactor technologies; and

(2) to authorize such activities to further the timely

availability of advanced nuclear reactor technologies, including

technologies that utilize standardized designs or exhibit passive

safety features.

(b) Definitions

For purposes of this part -

(1) the term "advanced nuclear reactor technologies" means -

(A) advanced light water reactors that may be commercially

available in the near-term, including but not limited to

mid-sized reactors with passive safety features for the

generation of commercial electric power from nuclear fission;

and

(B) other advanced nuclear reactor technologies that may

require prototype demonstration prior to commercial

availability in the mid- or long-term, including but not

limited to high-temperature, gas-cooled reactors and liquid

metal reactors, for the generation of commercial electric power

from nuclear fission;

(2) the term "Commission" means the Nuclear Regulatory

Commission;

(3) the term "standardized design" means a design for a nuclear

power plant that may be utilized for a multiple number of units

or a multiple number of sites; and

(4) the term "certification" means approval by the Commission

of a standardized design.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2121, Oct. 24, 1992, 106 Stat.

3081.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in text, was in the original "this

subtitle" meaning subtitle C of title XXI of Pub. L. 102-486, Oct.

24, 1992, 106 Stat. 3081, which enacted this part and amended

sections 12003 and 12004 of this title.

-End-

-CITE-

42 USC Sec. 13492 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part C - Advanced Nuclear Reactors

-HEAD-

Sec. 13492. Program, goals, and plan

-STATUTE-

(a) Program direction

The Secretary shall conduct a program to encourage the deployment

of advanced nuclear reactor technologies that to the maximum extent

practicable -

(1) are cost effective in comparison to alternative sources of

commercial electric power of comparable availability and

reliability, taking into consideration life cycle environmental

costs;

(2) facilitate the design, licensing, construction, and

operation of a nuclear powerplant using a standardized design;

(3) exhibit enhanced safety features; and

(4) incorporate features that advance the objectives of the

Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.].

(b) Program goals

The goals of the program established under subsection (a) of this

section shall include -

(1) for the near-term -

(A) to facilitate the completion, by September 30, 1996, for

certification by the Commission, of standardized advanced light

water reactor technology designs that the Secretary determines

have the characteristics described in subsection (a)(1) through

(4) of this section;

(B) to facilitate the completion of submissions, by September

30, 1996, for preliminary design approvals by the Commission of

standardized designs for the modular high-temperature

gas-cooled reactor technology and the liquid metal reactor

technology; and

(C) to evaluate by September 30, 1996, actinide burn

technology to determine if it can reduce the volume of

long-lived fission byproducts;

(2) for the mid-term -

(A) to facilitate increased efficiency of enhanced safety,

advanced light water reactors to produce electric power at the

lowest cost to the customer;

(B) to develop advanced reactor concepts that are passively

safe and environmentally acceptable; and

(C) to complete necessary research and development on

high-temperature gas-cooled reactor technology and liquid metal

reactor technology to support the selection, by September 30,

1998, of one or both of those technologies as appropriate for

prototype demonstration; and

(3) for the long-term, to complete research and development and

demonstration to support the design of advanced reactor

technologies capable of providing electric power to a utility

grid as soon as practicable but no later than the year 2010.

(c) Program plan

Within 180 days after October 24, 1992, the Secretary shall

prepare and submit to the Congress a 5-year program plan to guide

the activities under this section. The program plan shall include

schedule milestones, Federal funding requirements, and non-Federal

cost sharing requirements. In preparing the program plan, the

Secretary shall take into consideration -

(1) the need for, and the potential for future adoption by

electric utilities or other entities of, advanced nuclear reactor

technologies that are available, under development, or have the

potential for being developed, for the generation of energy from

nuclear fission;

(2) how the Federal Government, acting through the Secretary,

can be effective in ensuring the availability of such

technologies when they are needed;

(3) how the Federal Government can most effectively cooperate

with the private sector in the accomplishment of the goals set

forth in subsection (b) of this section; and

(4) potential alternative funding sources for carrying out this

section.

In preparing the program plan, the Secretary shall consult with

appropriate representatives of industry, institutions of higher

education, Federal agencies, including national laboratories, and

professional and technical societies. The Secretary shall update

the program plan annually and submit such update to Congress. Each

such update shall describe any activities that are behind schedule,

any funding shortfalls, and any other circumstances that might

affect the ability of the Secretary to meet the goals set forth in

subsection (b) of this section.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2122, Oct. 24, 1992, 106 Stat.

3082.)

-REFTEXT-

REFERENCES IN TEXT

The Nuclear Non-Proliferation Act of 1978, referred to in subsec.

(a)(4), is Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, as amended,

which is classified principally to chapter 47 (Sec. 3201 et seq.)

of Title 22, Foreign Relations and Intercourse. For complete

classification of this Act to the Code, see Short Title note set

out under section 3201 of Title 22 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13493 of this title.

-End-

-CITE-

42 USC Sec. 13493 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part C - Advanced Nuclear Reactors

-HEAD-

Sec. 13493. Commercialization of advanced light water reactor

technology

-STATUTE-

(a) Certification of designs

In order to achieve the goal of certification of completed

standardized designs by the Commission by 1996 as set forth in

section 13492(b) of this title, the Secretary shall conduct a

5-year program of technical and financial assistance to encourage

the development and submission for certification of advanced light

water reactor designs which, in the judgment of the Secretary, can

be certified by the Commission by no later than the end of fiscal

year 1996.

(b) First-of-a-kind engineering

(1) Establishment of program

The Secretary shall conduct a program of Federal financial and

technical assistance for the first-of-a-kind engineering design

of standardized commercial nuclear powerplants which are

included, as of October 24, 1992, in the Department of Energy's

program for certification of advanced light water reactor

designs.

(2) Selection criteria

In order to be eligible for assistance under this subsection,

an entity shall certify to the satisfaction of the Secretary that

-

(A) the entity, or its members, are bona fide entities

engaged in the design, engineering, manufacture, construction,

or operation of nuclear reactors;

(B) the entity, or its members, have the financial resources

necessary for, and fully intend to pursue the design,

engineering, manufacture, construction, and operation in the

United States of nuclear power plants (!1) through completion

of construction and into operation;

(C) the design proposed is scheduled for certification by the

Commission under the Department of Energy's program for

certification of light water reactor designs; and

(D) at least 50 percent of the funding for the project shall

be obtained from non-Federal sources, and a substantial portion

of that non-Federal funding shall be obtained from utilities or

entities whose primary purpose is the production of electrical

power for public consumption.

(3) Program documents

The Secretary shall prepare and submit to the Congress a

program document for each design selected under this subsection,

specifying goals and objectives, major milestones for achieving

those goals and objectives, and the work products to be provided

to the Secretary or made available for inspection.

(4) Funding limitations

(A) Before entering into an agreement with an entity under this

subsection, the Secretary shall establish a cost ceiling for the

contribution of the Federal Government for the project, and shall

report such cost ceiling to the Congress.

(B) No entity shall receive assistance under this subsection

for a period greater than 4 years.

(C) The aggregate funding provided by the Secretary for

projects under this subsection shall not exceed $100,000,000 for

the period encompassing fiscal years 1993 through 1997.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2123, Oct. 24, 1992, 106 Stat.

3083.)

-COD-

CODIFICATION

Subsec. (b)(5) of this section, which required the Secretary to

submit annually to Congress a status report on each project

receiving assistance under subsec. (b), terminated, effective May

15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance. See, also, the last item on page 85 of House Document No.

103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13494 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 13494 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part C - Advanced Nuclear Reactors

-HEAD-

Sec. 13494. Prototype demonstration of advanced nuclear reactor

technology

-STATUTE-

(a) Solicitation of proposals

Within 3 years after October 24, 1992, the Secretary shall

solicit proposals for carrying out the preliminary engineering

design of not more than 2 prototype advanced nuclear reactor

technologies developed by the Department of Energy, other than

advanced light water reactor technologies, necessary to support a

decision on whether to recommend construction of a prototype

demonstration reactor with the characteristics described in section

13493(a) of this title. Proposals submitted under this subsection

shall be for modular design concepts of sufficient size to address

requirements related to the certification of a standardized design.

(b) Recommendation to Congress

(1) Not later than September 30, 1998, the Secretary shall submit

to Congress recommendations on whether to build one or more

prototype demonstration reactors under this section. Such

recommendations shall -

(A) specify a preferred technology or technologies;

(B) include detailed information on milestones for construction

and operation;

(C) include an estimate of the funding requirements; and

(D) specify the extent and type of non-Federal financial

support anticipated.

In developing the recommendations under this paragraph, the

Secretary shall provide for public notice and an opportunity for

comment, and shall solicit the views of the Commission and other

parties with technical expertise the Secretary considers useful in

the development of such recommendations.

(2) The prototype demonstration program under this section shall

be carried out to the maximum extent practicable with private

sector funding. At least 50 percent of the funding for such program

shall be non-Federal funding. The extent of non-Federal cost

sharing proposed for any demonstration project shall be a criterion

for the selection of the project.

(c) Selection of technology

Any technology selected by the Secretary for recommendation for

prototype demonstration under this section shall to the maximum

extent possible exhibit the characteristics set forth in section

13493(a) of this title.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2124, Oct. 24, 1992, 106 Stat.

3084.)

-End-

-CITE-

42 USC Sec. 13495 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER IX - ENERGY AND ENVIRONMENT

Part C - Advanced Nuclear Reactors

-HEAD-

Sec. 13495. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary for

carrying out this part $212,804,000 for fiscal year 1993 and such

sums as may be necessary for fiscal year 1994. Amounts authorized

or otherwise made available for program direction, space reactor

power systems, advanced radioisotope power systems, and the space

exploration initiative under nuclear energy research and

development shall be in addition to the amounts authorized in the

preceding sentence.

-SOURCE-

(Pub. L. 102-486, title XXI, Sec. 2126, Oct. 24, 1992, 106 Stat.

3085.)

-End-

-CITE-

42 USC SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5905, 13522, 13525 of

this title.

-End-

-CITE-

42 USC Sec. 13501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-

Sec. 13501. National Advanced Materials Program

-STATUTE-

(a) Program direction

The Secretary shall establish a 5-year National Advanced

Materials Program, in accordance with sections 13541 and 13542 of

this title. Such program shall foster the commercialization of

techniques for processing, synthesizing, fabricating, and

manufacturing advanced materials and associated components. At a

minimum, the Program shall expedite the private sector deployment

of advanced materials for use in high performance energy efficient

and renewable energy technologies in the industrial,

transportation, and buildings sectors that can foster economic

growth and competitiveness. The Program shall include field

demonstrations of sufficient scale and number to prove technical

and economic feasibility.

(b) Program plan

Within 180 days after October 24, 1992, the Secretary, in

consultation with appropriate representatives of industry,

institutions of higher education, Department of Energy national

laboratories, and professional and technical societies, shall

prepare and submit to the Congress a 5-year program plan to guide

activities under this section. The Secretary shall biennially

update and resubmit the program plan to Congress.

(c) Proposals

(1) Solicitation

Within 1 year after October 24, 1992, the Secretary shall

solicit proposals for conducting activities consistent with the

5-year program plan. Such proposals may be submitted by one or

more parties.

(2) Contents of proposals

Proposals submitted under this subsection shall include -

(A) an explanation of how the proposal will expedite the

commercialization of advanced materials in energy efficiency or

renewable energy in the near-term to mid-term;

(B) evidence of consideration of whether the unique

capabilities of Department of Energy national laboratories

warrants collaboration with such laboratories, and the extent

of such collaboration proposed;

(C) a description of the extent to which the proposal

includes collaboration with relevant industry or other groups

or organizations; and

(D) evidence of the ability of the proposers to undertake and

complete the proposed project.

(d) General Services Administration demonstration program

The Secretary, in consultation with the Administrator of General

Services, shall establish a program to expedite the use, in goods

and services acquired by the General Services Administration, of

advanced materials technologies. Such program shall include a

demonstration of the use of advanced materials technologies as may

be necessary to establish technical and economic feasibility. The

Secretary shall transfer funds to the General Services

Administration for carrying out this subsection.

(e) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section such sums as may be necessary, to be

derived for energy efficient applications from section 13451(e) of

this title and for renewable applications from section 13471(c) of

this title, including Department of Energy national laboratory

participation in proposals submitted under subsection (c) of this

section, and including transferring funds to the General Services

Administration.

-SOURCE-

(Pub. L. 102-486, title XXII, Sec. 2201, Oct. 24, 1992, 106 Stat.

3085.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to the biennial resubmittal of the

program plan to Congress, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 1st item on page 86 of House Document No.

103-7.

-End-

-CITE-

42 USC Sec. 13502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-

Sec. 13502. National Advanced Manufacturing Technologies Program

-STATUTE-

(a) Program direction

The Secretary shall establish a 5-year National Advanced

Manufacturing Technologies Program, in accordance with sections

13541 and 13542 of this title. Such program shall foster the

commercialization of advanced manufacturing technologies to improve

energy efficiency and productivity in manufacturing. At a minimum,

the Program shall expedite the private sector deployment of

advanced manufacturing technologies to improve productivity,

quality, and control in manufacturing processes that can foster

economic growth, energy efficiency, and competitiveness. The

program (!1) shall include field demonstrations of sufficient scale

and number to prove technical and economic feasibility.

(b) Program plan

Within 180 days after October 24, 1992, the Secretary, in

consultation with appropriate representatives of industry,

institutions of higher education, Department of Energy national

laboratories, and professional and technical societies, shall

prepare and submit to the Congress a 5-year program plan to guide

activities under this section. The Secretary shall biennially

update and resubmit the program plan to Congress.

(c) Proposals

(1) Solicitation

Within 1 year after October 24, 1992, the Secretary shall

solicit proposals for conducting activities consistent with the

5-year program plan. Such proposals may be submitted by one or

more parties.

(2) Contents of proposals

Proposals submitted under this subsection shall include -

(A) an explanation of how the proposal will expedite the

commercialization of advanced manufacturing technologies to

improve energy efficiency in the building, industry, and

transportation sectors;

(B) evidence of consideration of whether the unique

capabilities of Department of Energy national laboratories

warrants collaboration with such laboratories, and the extent

of such collaboration proposed;

(C) a description of the extent to which the proposal

includes collaboration with relevant industry or other groups

or organizations; and

(D) evidence of the ability of the proposers to undertake and

complete the proposed project.

(d) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section such sums as may be necessary, to be

derived from sums authorized under section 13451(e) of this title,

including Department of Energy national laboratory participation in

proposals submitted under subsection (c) of this section.

-SOURCE-

(Pub. L. 102-486, title XXII, Sec. 2202, Oct. 24, 1992, 106 Stat.

3086.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to the biennial resubmittal of the

program plan to Congress, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 2nd item on page 86 of House Document No.

103-7.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 13503 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-

Sec. 13503. Supporting research and technical analysis

-STATUTE-

(a) Basic energy sciences

(1) Program direction

The Secretary shall continue to support a vigorous program of

basic energy sciences to provide basic research support for the

development of energy technologies. Such program shall focus on

the efficient production and use of energy, and the expansion of

our knowledge of materials, chemistry, geology, and other related

areas of advancing technology development.

(2) User facilities

(A) As part of the program referred to in paragraph (1), the

Secretary shall carry out planning, construction, and operation

of user facilities to provide special scientific and research

capabilities, including technical expertise and support as

appropriate, to serve the research needs of our Nation's

universities, industry, private laboratories, Federal

laboratories, and others. Research institutions or individuals

from other nations shall be accommodated at such user facilities

in cases where reciprocal accommodations are provided to United

States research institutions and individuals or where the

Secretary considers such accommodation to be in the national

interest.

(B) The construction of the Advanced Photon Source at the

Argonne National Laboratory is hereby authorized.

(C) The Secretary shall not change the user fee practice in

effect as of October 1, 1991, with respect to user facilities

unless the Secretary notifies Congress 90 days before the

effective date of any change.

(D) The Secretary shall expedite the design for construction of

the Advanced Neutron Source at the Oak Ridge National Laboratory,

in order to provide critical research capabilities in support of

our national research initiatives for advanced materials and

biotechnology, as well as a broad range of research. Such action

shall be consistent with the Basic Energy Sciences Advisory

Committee's Technical Evaluation of accelerator and reactor

neutron source technologies. Within 90 days after October 24,

1992, the Secretary shall submit to the Congress a plan for such

design, including a schedule for construction.

(3) Cost sharing

The Secretary shall not require cost sharing for research and

development pursuant to this subsection, except -

(A) as otherwise provided for in cooperative research and

development agreements or other agreements entered into under

existing law;

(B) for fees for user facilities, as determined by the

Secretary; or

(C) in the case of specific projects, where the Secretary

determines that the benefits of such research and development

accrue to a specific industry or group of industries, in which

case cost sharing under section 13542 of this title shall

apply.

(b) University and science education

(1) The Secretary shall support programs for improvements and

upgrading of university research reactors and associated

instrumentation and equipment. Within 1 year after October 24,

1992, the Secretary shall submit to the Congress a report on the

condition and status of university research reactors, which

includes a 5-year plan for upgrading and improving such facilities,

instrumentation capabilities, and related equipment.

(2) The Secretary shall develop a method to evaluate the

effectiveness of science and mathematics education programs

provided by the Department of Energy and its laboratories,

including specific evaluation criteria.

(3)(A)(i) The Director of the Office of Science shall operate an

Experimental Program to Stimulate Competitive Research (in this

paragraph referred to as "EPSCoR") as part of the Department of

Energy's University and Science Education Programs.

(ii) The objectives of EPSCoR shall be -

(I) to enhance the competitiveness of the peer-review process

within academic institutions in eligible States; and

(II) to increase the probability of long-term growth of

competitive funding to investigators at institutions from

eligible States.

(iii) In order to carry out the objectives stated in clause (ii),

EPSCoR shall provide for activities which may include (but not be

limited to) competitive research awards and graduate traineeships.

(iv) EPSCoR shall assist those States that -

(I) historically have received relatively little Federal

research and development funding; and

(II) have demonstrated a commitment to develop their research

bases and improve science and engineering research and education

programs at their universities and colleges.

(B) For purposes of this paragraph, the term "eligible States"

means States that received a Department-EPSCoR planning or

traineeship grant in fiscal year 1991 or fiscal year 1992.

(C) No more than $5,000,000 of the funds appropriated to EPSCoR

in any fiscal year, through fiscal year 1997, are authorized to be

appropriated for graduate traineeships.

(c) Technology transfer

The Secretary shall support technology transfer activities

conducted by the National Laboratories. Within 1 year after October

24, 1992, the Secretary shall submit to the Congress a report on

the adequacy of funding for such activities, along with a proposal

recommending ways to reduce the length of time required to

consummate cooperative research and development agreements.

(d) Facilities support for multiprogram energy laboratories

(1) Facility policy

The Secretary shall develop and implement a least cost strategy

for correcting facility problems, closing unneeded facilities,

making facility modifications, and building new facilities at

multiprogram energy laboratories.

(2) Facility plan

Within 1 year after October 24, 1992, the Secretary shall

prepare and submit to the Congress a comprehensive plan for

conducting future facility maintenance, making repairs,

modifications, and new additions, and constructing new facilities

at multiprogram energy laboratories. Such plan shall provide for

facilities work in accordance with the following priorities,

listed in descending order of priority:

(A) Providing for the safety and health of employees,

visitors, and the general public with regard to correcting

existing structural, mechanical, electrical, and environmental

deficiencies.

(B) Providing for the repair and rehabilitation of existing

facilities to keep them in use and prevent deterioration.

(C) Providing engineering design and construction services

for those facilities which require modification or additions in

order to meet the needs of new or expanded programs.

Such plan shall include plans for new facilities and facility

modifications which will be required to meet the Department of

Energy's changing missions of the twenty-first century, including

schedules and estimates for implementation, and including a

section outlining long-term funding requirements consistent with

anticipated budgets and annual authorization of appropriations.

Such plan shall address the coordination of modernization and

consolidation of facilities in order to meet changing mission

requirements, and shall provide for annual reports to Congress on

accomplishments, conformance to schedules, commitments, and

expenditures.

(e) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

Supporting Research and Technical Analysis, including Basic Energy

Sciences, Energy Research Analysis, University and Science

Education, Technology Transfer, Advisory and Oversight Program

Direction, and Facilities Support for Multiprogram Energy

Laboratories, $966,804,000 for fiscal year 1993 and such sums as

may be necessary for fiscal year 1994.

-SOURCE-

(Pub. L. 102-486, title XXII, Sec. 2203, Oct. 24, 1992, 106 Stat.

3087; Pub. L. 105-245, title III, Sec. 309(b)(2)(F), Oct. 7, 1998,

112 Stat. 1853.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3)(A)(i). Pub. L. 105-245 substituted "Office

of Science" for "Office of Energy Research".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13504 of this title.

-End-

-CITE-

42 USC Sec. 13504 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-

Sec. 13504. Math and science education program

-STATUTE-

(a) Program

The Secretary shall enter into contracts with existing qualified

entities to conduct science and mathematics education programs that

supplement the Special Programs for Students from Disadvantaged

Backgrounds carried out by the Secretary of Education under

sections 1070d through 1070d-1d of title 20.(!1)

(b) Purpose

(1) The purpose of the programs shall be to provide support to

Federal, State, and private programs designed to promote the

participation of low-income and first generation college students

as defined in section 1070d of title 20 (!1) in post-secondary

science and mathematics education.

(2) Support activities may include -

(A) the development of educational materials;

(B) the training of teachers and counselors;

(C) the establishment of student internships;

(D) the development of seminars on mathematics and science;

(E) tutoring in mathematics and science;

(F) academic counseling;

(G) the development of opportunities for research; and

(H) such other activities that may promote the participation of

low-income and first generation college students in

post-secondary science and mathematics education.

(c) Support

(1) In carrying out the purpose of this section, the entities may

provide support under subsection (b)(2) of this section to -

(A) low-income and first generation college students; and

(B) institutions of higher education, public and private

agencies and organizations, and secondary and middle schools that

principally benefit low-income students.

(2) The qualified entities shall, to the extent practicable,

coordinate support activities under this section with the Secretary

of Education and the Secretary.

(d) Cooperation with qualified entities

The Secretary shall cooperate with qualified entities and, to the

extent practicable, make available to the entities such personnel,

facilities, and other resources of the Department of Energy as may

be necessary to carry out the duties of the entities.

(e) Report

Not later than October 1 of each year, the entities shall report

to the Secretary, the Secretary of Education, and the Congress on -

(1) progress made to promote the participation of low-income

and first generation college students in post-secondary science

and mathematics education by -

(A) the qualified entities;

(B) other mathematics and science education programs of the

Department of Energy; and

(C) the Special Programs for Students from Disadvantaged

Backgrounds of the Department of Education; and

(2) recommendations for such additional actions as may be

needed to promote the participation of low-income students in

post-secondary science and mathematics education.

(f) Effect on existing programs

The programs in this section shall supplement and be developed in

cooperation with the current mathematics and science education

programs of the Department of Energy and the Department of

Education but shall not supplant them.

(g) "Qualified entity" defined

For purposes of this section, the term "qualified entity" means a

nonprofit corporation, association, or institution that has

demonstrated special knowledge of, and experience with, the

education of low-income and first generation college students and

whose primary mission is the operation of national programs that

focus on low-income students and provide training and other

services to educators.

(h) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary, to be derived from section 13503(e) of this title and

the Environmental Restoration and Waste Management program, to

carry out the purposes of this section.

-SOURCE-

(Pub. L. 102-486, title XXII, Sec. 2204, Oct. 24, 1992, 106 Stat.

3089.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1070d through 1070d-1d of title 20, referred to in

subsec. (a), and section 1070d of title 20, referred to in subsec.

(b)(1), were repealed by Pub. L. 102-325, title IV, Sec. 402(a)(1),

July 23, 1992, 106 Stat. 482.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13505 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-

Sec. 13505. Integration of research and development

-STATUTE-

Within 180 days after October 24, 1992, the Secretary, in

consultation with appropriate representatives of industry,

institutions of higher education, Department of Energy national

laboratories, and professional and technical societies, shall

prepare and submit to Congress a 5-year program plan for improving

the integration of basic energy research programs with other energy

programs within the Department of Energy. Such program plan shall

include -

(1) an evaluation of current procedures and mechanisms used to

achieve such integration;

(2) an assessment of the role that the Department of Energy

national laboratories play in such integration;

(3) an identification and evaluation of models that could

enhance such integration;

(4) an identification and evaluation of new programs,

mechanisms, and related policy options that could improve the

integrating process, including -

(A) set aside funding for matching or leveraging basic and

applied programs;

(B) more formal linkages; and

(C) program coordination;

(5) recommendations for expanded research and development and

new technology areas; and

(6) budget estimates for activities under this section.

-SOURCE-

(Pub. L. 102-486, title XXII, Sec. 2205, Oct. 24, 1992, 106 Stat.

3091.)

-End-

-CITE-

42 USC Sec. 13506 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER X - ENERGY AND ECONOMIC GROWTH

-HEAD-

Sec. 13506. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "advanced manufacturing technology" means

processes, equipment, techniques, practices, and capabilities

that are applied for the purpose of -

(A) improving the productivity, quality, or energy efficiency

of the design, development, testing, or manufacture of a

product; or

(B) expanding the technical capability to design, develop,

test, or manufacture a product that is fundamentally different

in character from existing products and that will result in

improved energy efficiency;

(2) the term "advanced materials" means materials that are

processed, synthesized, fabricated, and manufactured to develop

high performance properties that exceed the corresponding

properties of conventional materials for structural, electronic,

magnetic, or photonic applications, or for joining, welding,

bonding, or packaging components into complex assemblies,

including -

(A) advanced monolithic materials such as metals, ceramics,

and polymers;

(B) advanced composite materials such as metal matrix

(including intermetallics), polymer matrix, ceramic matrix,

continuous fiber ceramic composite, and carbon matrix

composites; and

(C) advanced electronic, magnetic, and photonic materials,

including superconducting, semiconductor, electrooptic,

magnetooptic, thin-film, and special purpose coating materials

used in technologies for energy efficiency, renewable energy,

or electric power applications; and

(3) the term "United States" means the 50 States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, the United States Virgin Islands, Guam, the Northern

Mariana Islands, and any other territory or possession of the

United States.

-SOURCE-

(Pub. L. 102-486, title XXII, Sec. 2206, Oct. 24, 1992, 106 Stat.

3091.)

-End-

-CITE-

42 USC SUBCHAPTER XI - POLICY AND ADMINISTRATIVE

PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5905 of this title.

-End-

-CITE-

42 USC Sec. 13521 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13521. Policy on major construction projects

-STATUTE-

(a) Report and management plan

The Secretary shall submit to the Congress a report and

management plan for any major construction project involving

$100,000,000 or more, prior to the expenditure of those funds.

(b) Congressional review

Expenditure of funds for a project described in subsection (a) of

this section may be made after a period of 30 calendar days (not

including any day on which either House of Congress is not in

session because of adjournment of more than 3 calendar days prior

to a day certain) has passed after receipt of the report and

management plan by Congress.

-SOURCE-

(Pub. L. 102-486, title XXIII, Sec. 2301, Oct. 24, 1992, 106 Stat.

3092.)

-End-

-CITE-

42 USC Sec. 13522 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13522. Energy Research, Development, Demonstration, and

Commercial Application Advisory Board

-STATUTE-

(a) Establishment

The Secretary shall establish an Energy Research, Development,

Demonstration, and Commercial Application Advisory Board (hereafter

in this section referred to as the "Advisory Board").

(b) Responsibilities

The Advisory Board shall provide impartial technical advice to

the Secretary to assist in the development of energy research,

development, demonstration, and commercial application plans and

reports under sections 5905 and 5914 (!1) of this title, under

section 7321 of this title, and as otherwise provided in

subchapters VIII through XI of this chapter. The Advisory Board

shall also periodically review such plans and reports and their

implementation in relation to the goals stated in section 13401 of

this title, and report the results of such review to the Secretary

and the Congress. Such report shall be included as part of the

report required under section 5914 (!1) of this title.

(c) Use of existing advisory board

The Secretary may use an existing advisory board to carry out the

responsibilities described in subsection (b) of this section.

-SOURCE-

(Pub. L. 102-486, title XXIII, Sec. 2302, Oct. 24, 1992, 106 Stat.

3092.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters VIII through XI of this chapter, referred to in

subsec. (b), was in the original "titles XX through XXIII of this

Act", meaning titles XX through XXIII of Pub. L. 102-486, Oct. 24,

1992, 106 Stat. 3057-3092, which enacted subchapters VIII through

XI of this chapter and amended sections 5103, 5107, 5108, 5110,

5307, 5905, 12003, 12004, and 12006 of this title.

Section 5914 of this title, referred to in subsec. (b), was

omitted from the Code.

-MISC1-

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by Congress, its duration is otherwise provided by law.

See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

776, set out in the Appendix to Title 5, Government Organization

and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5905, 13411, 13523 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13523 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13523. Management plan

-STATUTE-

(a) Plan preparation

The Secretary, in consultation with the Advisory Board

established under section 13522 of this title, shall prepare a

management plan for the conduct of research, development,

demonstration, and commercial application of energy technologies

that is consistent with the goals stated in section 13401 of this

title.

(b) Contents of plan

The management plan under subsection (a) of this section shall

provide for -

(1) investigation of promising energy and energy efficiency

resource technologies that have been identified as potentially

significant future contributors to national energy security;

(2) development of energy and energy efficiency resource

technologies that have the potential to reduce energy supply

vulnerability, and to minimize adverse impacts on the

environment, the global climate, and the economy; and

(3) creation of opportunities for export of energy and energy

efficiency resource technologies from the United States that can

enhance the Nation's competitiveness.

(c) Energy technology inventory and status report

As part of the management plan, the Secretary, with the advice of

the Advisory Board established under section 13522 of this title,

shall develop an inventory and status report of technologies to

enhance energy supply and to improve the efficiency of energy end

uses. The inventory and status report shall include fossil,

renewable, nuclear, and energy conservation technologies which have

not yet achieved the status of fully reliable and cost-competitive

commercial availability, but which the Secretary projects may

become available with additional research, development, and

demonstration. The inventory and status report shall provide, for

each technology -

(1) an assessment of its -

(A) degree of technological maturity; and

(B) principal research, development, and demonstration

issues, including -

(i) the barriers posed by capital, operating, and

maintenance costs;

(ii) technical performance; and

(iii) potential environmental impacts;

(2) the projected time frame for commercial availability,

specifying at a minimum whether the technology will be

commercially available in the near-term, mid-term, or long-term,

whether there are too many uncertainties to project availability,

or whether it is unlikely that the technology will ever be

commercial; and

(3) a projection of the future cost-competitiveness of the

technology in comparison with alternative technologies to provide

the same energy service.

(d) Public comment

The Secretary shall publish the proposed management plan for a

written public comment period of at least 90 days. The Secretary

shall consider such comments and include a summary thereof in the

management plan.

(e) Plan submission

Within one year after October 24, 1992, the Secretary shall

submit the first management plan under this section to Congress.

Thereafter, the Secretary shall submit a revised management plan

biennially, at the time of submittal of the President's annual

budget submission to the Congress.

-SOURCE-

(Pub. L. 102-486, title XXIII, Sec. 2304, Oct. 24, 1992, 106 Stat.

3093.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13474 of this title.

-End-

-CITE-

42 USC Sec. 13524 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13524. Costs related to decommissioning and storage and

disposal of nuclear waste

-STATUTE-

(a) Award of contracts

(1) Prime contractors

In awarding contracts to perform nuclear hot cell services, the

Secretary, in evaluating bids for such contracts, shall exclude

from consideration costs related to the decommissioning of

nuclear facilities or the storage and disposal of nuclear waste,

if -

(A) one or more of the parties bidding to perform such

services is a United States company that is subject to such

costs; and

(B) one or more of the parties bidding to perform such

services is a foreign company that is not subject to comparable

costs.

(2) Subcontractors

Any person awarded a contract subject to the restrictions

described in paragraph (1) who subcontracts with a person to

perform the services described in such paragraph shall be subject

to the same restrictions in evaluating bids among potential

subcontractors, as the Secretary was subject to in evaluating

bids among prime contractors.

(b) Issuance of regulations

The Secretary shall issue regulations not later than 90 days

after October 24, 1992, to carry out the requirements of subsection

(a) of this section.

(c) Definitions

As used in this section -

(1) the term "costs related to decommissioning of nuclear

facilities" means any cost associated with the compliance with

regulatory requirements governing the decommissioning of nuclear

facilities licensed by the Nuclear Regulatory Commission;

(2) the term "costs related to storage and disposal of nuclear

waste" means any costs, whether required by regulation or

incurred as a matter of prudent business practice, associated

with the storage or disposal of nuclear waste;

(3) the term "nuclear hot cell services" means services related

to the examination of, or performance of various operations on,

nuclear fuel rods, control assemblies, or other components that

are emitting large quantities of ionizing radiation; and

(4) the term "nuclear waste" means any radioactive waste

material subject to regulation by the Nuclear Regulatory

Commission or the Department of Energy.

-SOURCE-

(Pub. L. 102-486, title XXIII, Sec. 2305, Oct. 24, 1992, 106 Stat.

3094.)

-End-

-CITE-

42 USC Sec. 13525 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13525. Limits on participation by companies

-STATUTE-

A company shall be eligible to receive financial assistance under

subchapters VIII through XI of this chapter only if -

(1) the Secretary finds that the company's participation in any

program under such subchapters would be in the economic interest

of the United States, as evidenced by investments in the United

States in research, development, and manufacturing (including,

for example, the manufacture of major components or subassemblies

in the United States); significant contributions to employment in

the United States; an agreement with respect to any technology

arising from assistance provided under this section to promote

the manufacture within the United States of products resulting

from that technology (taking into account the goals of promoting

the competitiveness of United States industry), and to procure

parts and materials from competitive suppliers; and

(2) either -

(A) the company is a United States-owned company; or

(B) the Secretary finds that the company is incorporated in

the United States and has a parent company which is

incorporated in a country which affords to United States-owned

companies opportunities, comparable to those afforded to any

other company, to participate in any joint venture similar to

those authorized under this Act; affords to United States-owned

companies local investment opportunities comparable to those

afforded to any other company; and affords adequate and

effective protection for the intellectual property rights of

United States-owned companies.

-SOURCE-

(Pub. L. 102-486, title XXIII, Sec. 2306, Oct. 24, 1992, 106 Stat.

3095.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters VIII through XI of this chapter, referred to in text,

was in the original "titles XX through XXIII of this Act", meaning

titles XX through XXIII of Pub. L. 102-486, Oct. 24, 1992, 106

Stat. 3057-3092, which enacted subchapters VIII through XI of this

chapter and amended sections 5103, 5107, 5108, 5110, 5307, 5905,

12003, 12004, and 12006 of this title.

This Act, referred to in par. (2)(B), is Pub. L. 102-486, Oct.

24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.

For complete classification of this Act to the Code, see Short

Title note set out under section 13201 of this title and Tables.

-End-

-CITE-

42 USC Sec. 13526 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XI - POLICY AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13526. Uncosted obligations

-STATUTE-

(a) Report

Along with the submission of each of the President's annual

budget requests to Congress, the Secretary shall submit to Congress

a report which -

(1) identifies the amount of Department of Energy funds that

were, as of the end of the previous fiscal year -

(A) committed uncosted obligations; and

(B) uncommitted uncosted obligations;

(2) specifically describes the purposes for which all such

funds are intended; and

(3) explains the effect that information contained in the

report has had on the annual budget request for the Department of

Energy being simultaneously submitted.

(b) Definitions

Within 90 days after October 24, 1992, the Secretary shall submit

a report to the Congress containing definitions of the terms

"uncosted obligation", "committed uncosted obligation", and

"uncommitted uncosted obligation" for purposes of reports to be

submitted under subsection (a) of this section.

-SOURCE-

(Pub. L. 102-486, title XXIII, Sec. 2307, Oct. 24, 1992, 106 Stat.

3096.)

-End-

-CITE-

42 USC SUBCHAPTER XII - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

-HEAD-

SUBCHAPTER XII - MISCELLANEOUS

-End-

-CITE-

42 USC Part A - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part A - General Provisions

-HEAD-

PART A - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 13541 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part A - General Provisions

-HEAD-

Sec. 13541. Research, development, demonstration, and commercial

application activities

-STATUTE-

(a) Research, development, and demonstration

(1) Except as otherwise provided in this Act, research,

development, and demonstration activities under this Act may be

carried out under the procedures of the Federal Nonnuclear Research

and Development Act of 1974 (42 U.S.C. 5901-5920), the Atomic

Energy Act of 1954 (42 U.S.C. 2011 et seq.), or any other Act under

which the Secretary is authorized to carry out such activities, but

only to the extent the Secretary is authorized to carry out such

activities under each such Act. An objective of any demonstration

program under this Act shall be to determine the technical and

commercial feasibility of energy technologies.

(2) Except as otherwise provided in this Act, in carrying out

research, development, and demonstration programs and activities

under this Act, the Secretary may use, to the extent authorized

under applicable provisions of law, contracts, cooperative

agreements, cooperative research and development agreements under

the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C.

3701 et seq.], grants, joint ventures, and any other form of

agreement available to the Secretary.

(b) Commercial application

Except as otherwise provided in this Act, in carrying out

commercial application programs and commercial application

activities under this Act, the Secretary may use, to the extent

authorized under applicable provisions of law, contracts,

cooperative agreements, cooperative research and development

agreements under the Stevenson-Wydler Technology Innovation Act of

1980 [15 U.S.C. 3701 et seq.], grants, joint ventures, and any

other form of agreement available to the Secretary. An objective of

any commercial application program under this Act shall be to

accelerate the transition of technologies from the research and

development stage.

(c) "Joint venture" defined

For purposes of this section, the term "joint venture" has the

meaning given the term "joint research and development venture"

under section 4301(a)(6) and (b) of title 15, except that such term

may apply under this section to research, development,

demonstration, and commercial application joint ventures.

(d) Protection of information

Section 12(c)(7) of the Stevenson-Wydler Technology Innovation

Act of 1980 [15 U.S.C. 3710a(c)(7)], relating to the protection of

information, shall apply to research, development, demonstration,

and commercial application programs and activities under this Act.

(e) Guidelines and procedures

The Secretary shall provide guidelines and procedures for the

transition, where appropriate, of energy technologies from research

through development and demonstration under subsection (a) of this

section to commercial application under subsection (b) of this

section. Nothing in this section shall preclude the Secretary from

-

(1) entering into a contract, cooperative agreement,

cooperative research and development agreement under the

Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C.

3701 et seq.], grant, joint venture, or any other form of

agreement available to the Secretary under this section that

relates to research, development, demonstration, and commercial

application; or

(2) extending a contract, cooperative agreement, cooperative

research and development agreement under the Stevenson-Wydler

Technology Innovation Act of 1980, grant, joint venture, or any

other form of agreement available to the Secretary that relates

to research, development, and demonstration to cover commercial

application.

(f) Application of section

This section shall not apply to any contract, cooperative

agreement, cooperative research and development agreement under the

Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701

et seq.], grant, joint venture, or any other form of agreement

available to the Secretary that is in effect as of October 24,

1992.

-SOURCE-

(Pub. L. 102-486, title XXX, Sec. 3001, Oct. 24, 1992, 106 Stat.

3126.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a), (b), and (d), is Pub. L.

102-486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy

Act of 1992. For complete classification of this Act to the Code,

see Short Title note set out under section 13201 of this title and

Tables.

The Federal Nonnuclear Research and Development Act of 1974,

referred to in subsec. (a)(1), probably means the Federal

Nonnuclear Energy Research and Development Act of 1974, Pub. L.

93-577, Dec. 31, 1974, 88 Stat. 1878, as amended, which is

classified generally to chapter 74 (Sec. 5901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 5901 of this title and

Tables.

The Atomic Energy Act of 1954, referred to in subsec. (a)(1), is

act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

The Stevenson-Wydler Technology Innovation Act of 1980, referred

to in subsecs. (a)(2), (b), (e)(1), (2), and (f), is Pub. L.

96-480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is

classified generally to chapter 63 (Sec. 3701 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 3701 of Title 15

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12001, 12005, 13331,

13411, 13412, 13413, 13414, 13431, 13432, 13433, 13434, 13437,

13451, 13452, 13453, 13454, 13455, 13456, 13471, 13472, 13474,

13475, 13477, 13501, 13502 of this title.

-End-

-CITE-

42 USC Sec. 13542 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part A - General Provisions

-HEAD-

Sec. 13542. Cost sharing

-STATUTE-

(a) Research and development

Except as otherwise provided in this Act, for research and

development programs carried out under this Act, the Secretary

shall require a commitment from non-Federal sources of at least 20

percent of the cost of the project. The Secretary may reduce or

eliminate the non-Federal requirement under this subsection if the

Secretary determines that the research and development is of a

basic or fundamental nature.

(b) Demonstration and commercial application

Except as otherwise provided in this Act, the Secretary shall

require at least 50 percent of the costs directly and specifically

related to any demonstration or commercial application project

under this Act to be provided from non-Federal sources. The

Secretary may reduce the non-Federal requirement under this

subsection if the Secretary determines that the reduction is

necessary and appropriate considering the technological risks

involved in the project and is necessary to meet the objectives of

this Act.

(c) Calculation of amount

In calculating the amount of the non-Federal commitment under

paragraph (1) or (2), the Secretary shall include cash, personnel,

services, equipment, and other resources.

(d) Tennessee Valley Authority

Funds derived by the Tennessee Valley Authority from its power

program may be used for all or part of any cost sharing

requirements under this section, except to the extent that such

funds are provided by annual appropriation Acts.

-SOURCE-

(Pub. L. 102-486, title XXX, Sec. 3002, Oct. 24, 1992, 106 Stat.

3127.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (b), is Pub. L.

102-486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy

Act of 1992. For complete classification of this Act to the Code,

see Short Title note set out under section 13201 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12005, 13331, 13411,

13412, 13413, 13414, 13431, 13432, 13433, 13434, 13437, 13451,

13452, 13453, 13454, 13455, 13456, 13471, 13472, 13474, 13475,

13477, 13501, 13502, 13503 of this title.

-End-

-CITE-

42 USC Part B - Other Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part B - Other Miscellaneous Provisions

-HEAD-

PART B - OTHER MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 13551 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part B - Other Miscellaneous Provisions

-HEAD-

Sec. 13551. Repealed. Pub. L. 104-182, title III, Sec. 301, Aug. 6,

1996, 110 Stat. 1683

-MISC1-

Section, Pub. L. 102-486, title XXX, Sec. 3013, Oct. 24, 1992,

106 Stat. 3128, related to geothermal heat pumps.

-End-

-CITE-

42 USC Sec. 13552 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part B - Other Miscellaneous Provisions

-HEAD-

Sec. 13552. Use of energy futures for fuel purchases

-STATUTE-

(a) Fuel study

The Secretary shall conduct a study -

(1) to ascertain if the use of energy futures and options

contracts could provide cost-effective protection for Government

entities (including Government purchases for military purposes

and for the Strategic Petroleum Reserve) and consumer

cooperatives (or any organization whose purpose is to purchase

fuel in bulk) from unanticipated surges in the price of fuel; and

(2) to ascertain how such Government entities or consumer

cooperatives may be educated in the prudent use of energy futures

and options contracts to maximize their purchasing effectiveness,

protect themselves against unanticipated surges in the price of

fuel, and minimize fuel costs.

(b) Pilot program

The Secretary shall conduct a pilot program, commencing not later

than 30 days after the transmission of the study required in

subsection (b) (!1) of this section, to educate such governmental

entities, consumer cooperatives, or other organizations on the

prudent and cost-effective use of energy futures and options

contracts to increase their protection against unanticipated surges

in the price of fuel and thereby increase the efficiency of their

fuel purchase or assistance programs.

(c) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 102-486, title XXX, Sec. 3014, Oct. 24, 1992, 106 Stat.

3128; Pub. L. 105-362, title IV, Sec. 401(f), Nov. 10, 1998, 112

Stat. 3282.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (b) of this section, referred to in subsec. (b), was

repealed and subsec. (c) of this section was redesignated (b) by

Pub. L. 105-362, title IV, Sec. 401(f), Nov. 10, 1998, 112 Stat.

3282. See 1998 Amendment note below.

-MISC1-

AMENDMENTS

1998 - Subsecs. (b) to (d). Pub. L. 105-362 redesignated subsecs.

(c) and (d) as (b) and (c), respectively, and struck out heading

and text of former subsec. (b). Text read as follows: "The

Secretary, no later than 12 months after October 24, 1992, shall

transmit the study required in this section to the Committee on

Energy and Commerce of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13553 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part B - Other Miscellaneous Provisions

-HEAD-

Sec. 13553. Energy subsidy study

-STATUTE-

(a) In general

The Secretary shall contract with the National Academy of

Sciences to conduct a study of energy subsidies that -

(1) are in effect on October 24, 1992; or

(2) have been in effect prior to October 24, 1992.

(b) Report to Congress

Not later than 18 months after October 24, 1992, the Secretary

shall transmit to the Congress,(!1) the results of such study to be

accompanied by recommendations for legislation, if any.

(c) Contents

(1) In general

The study shall identify and quantify the direct and indirect

subsidies and other legal and institutional factors that

influence decisions in the marketplace concerning fuels and

energy technologies.

(2) Topics for examination

The study shall examine -

(A) fuel and technology choices that are -

(i) available on October 24, 1992; or

(ii) reasonably foreseeable on October 24, 1992;

(B) production subsidies for the extraction of raw materials;

(C) subsidies encouraging investment in large capital

projects;

(D) indemnification;

(E) fuel cycle subsidies, including waste disposal;

(F) government research and development support; and

(G) other relevant incentives and disincentives.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$500,000 for each of the fiscal years 1993 and 1994.

-SOURCE-

(Pub. L. 102-486, title XXX, Sec. 3015, Oct. 24, 1992, 106 Stat.

3129.)

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 13554 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part B - Other Miscellaneous Provisions

-HEAD-

Sec. 13554. Tar sands

-STATUTE-

(a) Policy

It is the policy of the United States to promote the development

and production, by all means consistent with sound engineering,

economic, and environmental practices, of deposits of tar sands.

(b) "Tar sands" defined

(1) For purposes of this section, the term "tar sands" means any

consolidated or unconsolidated rock (other than coal, oil shale, or

gilsonite) that either -

(A) contains a hydrocarbonaceous material with a gas-free

viscosity, at original reservoir temperature, greater than 10,000

centipoise; or

(B) contains a hydrocarbonaceous material and is produced by

mining or quarrying.

(2) Nothing in this section is intended or shall be construed to

affect in any way the definition of the term tar sands under any

other provision of Federal law.

(c) Study

The Secretary, in consultation with the Secretary of the

Interior, shall submit a study to the House of Representatives and

the Committee on Energy and Natural Resources of the Senate within

one year after October 24, 1992. Such study shall identify and

evaluate the development potential of sources of tar sands in the

United States. The study shall also identify and evaluate processes

for extracting oil from the identified tar sand sources, including

existing tar sands waste tailings, and evaluate the environmental

benefits of, and the potential for co-production of minerals and

metals from, such processes.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary for each of the fiscal years 1993 and 1994 to carry out

this section.

-SOURCE-

(Pub. L. 102-486, title XXX, Sec. 3016, Oct. 24, 1992, 106 Stat.

3129.)

-End-

-CITE-

42 USC Sec. 13555 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part B - Other Miscellaneous Provisions

-HEAD-

Sec. 13555. Consultative Commission on Western Hemisphere Energy

and Environment

-STATUTE-

(a) Findings

The Congress finds that -

(1) there is growing mutual economic interdependence among the

countries of the Western Hemisphere;

(2) energy and environmental issues are intrinsically linked

and must be considered together when formulating policy on the

broader issue of sustainable economic development for the Western

Hemisphere as a whole;

(3) when developing their respective energy infrastructures,

countries in the Western Hemisphere must consider existing and

emerging environmental constraints, and do so in a way that

results in sustainable long-term economic growth;

(4) the coordination of respective national energy and

environmental policies of the governments of the Western

Hemisphere could be substantially improved through regular

consultation among these countries;

(5) the development, production and consumption of energy can

affect environmental quality, and the environmental consequences

of energy-related activities are not confined within national

boundaries, but are regional and global in scope;

(6) although the Western Hemisphere is richly endowed with

indigenous energy resources, an insufficient energy supply would

severely constrain future opportunities for sustainable economic

development and growth in each of these member countries; and

(7) the energy markets of the United States are linked with

those in other countries of the Western Hemisphere and the world.

(b) "Commission" defined

For purposes of this section, the term "Commission" means the

Consultative Commission on Western Hemisphere Energy and

Environment.

(c) Negotiations

The President is authorized to direct the United States

representative to the Organization of American States to initiate

negotiations with the Organization of American States for the

establishment of a Consultative Commission on Western Hemisphere

Energy and Environment under the auspices of the Organization of

American States.

(d) The Commission

In the course of the negotiations, the following shall be

pursued:

(1) Objectives

The objectives of the Commission shall be -

(A) to evaluate from the viewpoint of the Western Hemisphere

as a whole the energy and environmental situations, trends, and

policies of the countries of the participating governments

necessary to support sustainable economic development;

(B) to recommend to the participating governments actions,

policies, and institutional arrangements that will enhance

cooperation and policy coordination among their respective

countries in the future development and use of indigenous

energy resources and technologies, and in the future

development and implementation of measures to protect the

environment of the Western Hemisphere; and

(C) to recommend to the participating governments actions and

policies that will enhance energy and environmental cooperation

and coordination among the countries of the Western Hemisphere

and the world.

(2) Composition of Commission

The Commission shall include representatives of -

(A) the respective foreign energy and environmental

ministries or departments of the participating governments;

(B) the parliamentary or legislative bodies with legislative

responsibilities for energy and environmental matters; and

(C) other governmental and non-governmental observers

appointed by the heads of each participating government on the

basis of their experience and expertise.

(3) Secretariat

A small secretariat shall be chosen by the participating

governments for their expertise in the areas of energy and the

environment.

(4) Sunset provision

The Commission's authority -

(A) shall terminate five years from the date of the agreement

under which it was created; and

(B) may be extended for a five-year term at the expiration of

the previous term by agreement of the participating

governments.

(e) Report

The President shall, within one year after October 24, 1992,

report to the Committee on Energy and Commerce and the Committee on

Foreign Affairs of the House of Representatives, and to the

Committee on Energy and Natural Resources and the Committee on

Foreign Relations of the Senate, on the progress toward the

establishment of the Commission and achievement of the purposes of

this section.

-SOURCE-

(Pub. L. 102-486, title XXX, Sec. 3020, Oct. 24, 1992, 106 Stat.

3131.)

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives and Committee on Foreign Affairs of House of

Representatives treated as referring to Committee on International

Relations of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Commerce of House of Representatives changed

to Committee on Energy and Commerce of House of Representatives,

and jurisdiction over matters relating to securities and exchanges

and insurance generally transferred to Committee on Financial

Services of House of Representatives by House Resolution No. 5, One

Hundred Seventh Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Sec. 13556 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 134 - ENERGY POLICY

SUBCHAPTER XII - MISCELLANEOUS

Part B - Other Miscellaneous Provisions

-HEAD-

Sec. 13556. Disadvantaged business enterprises

-STATUTE-

(a) General rule

To the extent practicable, the head of each agency shall provide

that the obligation of not less than 10 percent of the total

combined amounts obligated for contracts and subcontracts by each

agency under this Act and amendments made by this Act pursuant to

competitive procedures within the meaning of either the Federal

Property and Administrative Services Act of 1949 (!1) (41 U.S.C.

251 et seq.), or chapter 137 of title 10, shall be expended either

with -

(1) small business concerns controlled by socially and

economically disadvantaged individuals or women;

(2) historically Black colleges and universities;

(3) colleges and universities having a student body in which

more than 20 percent of the students are Hispanic Americans or

Native Americans; or

(4) qualified HUBZone small business concerns.

(b) Definitions

For purposes of this section, the following definitions shall

apply:

(1) The term "small business concern" has the meaning such term

has under section 632 of title 15. However, for purposes of

contracts and subcontracts requiring engineering services the

applicable size standard shall be that established for military

and aerospace equipment and military weapons.

(2) The term "socially and economically disadvantaged

individuals" has the meaning such term has under section 637(d)

of title 15 and relevant subcontracting regulations promulgated

pursuant thereto.

(3) The term "qualified HUBZone small business concern" has the

meaning given that term in section 632(p) of title 15.

-SOURCE-

(Pub. L. 102-486, title XXX, Sec. 3021, Oct. 24, 1992, 106 Stat.

3133; Pub. L. 105-135, title VI, Sec. 604(g), Dec. 2, 1997, 111

Stat. 2634.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 102-486, Oct.

24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992.

For complete classification of this Act to the Code, see Short

Title note set out under section 13201 of this title and Tables.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(4). Pub. L. 105-135, Sec. 604(g)(1), added

par. (4).

Subsec. (b)(3). Pub. L. 105-135, Sec. 604(g)(2), added par. (3).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section

3 of Pub. L. 105-135, set out as a note under section 631 of Title

15, Commerce and Trade.

-FOOTNOTE-

(!1) See References in Text note below.

-End-