42 U.S.C. § 13389 — Greenhouse gas intensity reducing strat-

Page 8571 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13389 1 See References in Text note below. In determining whether the cost of United States components equals or exceeds 50 percent, the cost of assembly of such United States com- ponents in the host country shall not be consid- ered 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 re- port annually to the Committee on Energy and Natural Resources of the Senate and the appro- priate committees of the House of Representa- tives on the progress being made to introduce innovative energy technologies, and services re- lated thereto, that substantially reduce environ- mental 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 par- ticipate in development assistance pro- grams of the Agency for International De- velopment 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. (Pub. L. 102–486, title XVI, § 1608, Oct. 24, 1992, 106 Stat. 3003.) § 13388. Global Climate Change Response Fund (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 Cli- mate Change Response Fund until the United States has ratified the United Nations Frame- work 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 ne- gotiated pursuant to the United Nations Frame- work Convention on Climate Change, including all protocols or agreements related thereto. (d) Authorization of appropriations There are authorized to be appropriated for de- posit 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. (Pub. L. 102–486, title XVI, § 1609, Oct. 24, 1992, 106 Stat. 3007.) § 13389. Greenhouse gas intensity reducing strat- egies (a) Definitions In this section: (1) Advisory Committee The term ‘‘Advisory Committee’’ means the Climate Change Technology Advisory Com- mittee established under subsection (f)(1). (2) Carbon sequestration The term ‘‘carbon sequestration’’ means the capture of carbon dioxide through terrestrial, geological, biological, or other means, which prevents the release of carbon dioxide into the atmosphere. (3) Committee The term ‘‘Committee’’ means the Com- mittee on Climate Change Technology estab- lished under subsection (b)(1). (4) Developing country The term ‘‘developing country’’ has the meaning given the term in section 13387(m) of this title. (5) Greenhouse gas The term ‘‘greenhouse gas’’ means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; and (F) sulfur hexafluoride. (6) Greenhouse gas intensity The term ‘‘greenhouse gas intensity’’ means the ratio of greenhouse gas emissions to eco- nomic output. (7) National Laboratory The term ‘‘National Laboratory’’ has the meaning given the term in section 15801(3) 1 of this title. (b) Committee on Climate Change Technology (1) In general Not later than 180 days after August 8, 2005, the President shall establish a Committee on Climate Change Technology to— (A) integrate current Federal climate re- ports; and (B) coordinate Federal climate change technology activities and programs carried out in furtherance of the strategy developed under subsection (c)(1). (2) Membership The Committee shall be composed of at least 7 members, including— (A) the Secretary, who shall chair the Committee; (B) the Secretary of Commerce; Page 8572 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13389 (C) the Chairman of the Council on Envi- ronmental Quality; (D) the Secretary of Agriculture; (E) the Administrator of the Environ- mental Protection Agency; (F) the Secretary of Transportation; (G) the Director of the Office of Science and Technology Policy; and (H) other representatives as may be deter- mined by the President. (3) Staff The members of the Committee shall provide such personnel as are necessary to enable the Committee to perform its duties. (c) National climate change technology policy (1) In general Not later than 18 months after August 8, 2005, the Committee shall, based on applicable Federal climate reports, submit to the Sec- retary and the President a national strategy to promote the deployment and commer- cialization of greenhouse gas intensity reduc- ing technologies and practices developed through research and development programs conducted by the National Laboratories, other Federal research facilities, institutions of higher education, and the private sector. (2) Updates The Committee shall— (A) at the time of submission of the strat- egy to the President under paragraph (1), also make the strategy available to the pub- lic; and (B) update the strategy every 5 years, or more frequently as the Committee deter- mines to be necessary. (d) Climate Change Technology Program Not later than 180 days after the date on which the Committee is established under subsection (b)(1), the Secretary, in consultation with the Committee, shall establish within the Depart- ment of Energy the Climate Change Technology Program to— (1) assist the Committee in the interagency coordination of climate change technology re- search, development, demonstration, and de- ployment to reduce greenhouse gas intensity; and (2) carry out the programs authorized under this section. (e) Technology inventory (1) In general The Secretary shall conduct and make pub- lic an inventory and evaluation of greenhouse gas intensity reducing technologies that have been developed, or are under development, by the National Laboratories, other Federal re- search facilities, institutions of higher edu- cation, and the private sector to determine which technologies are suitable for commer- cialization and deployment. (2) Report Not later than 180 days after the completion of the inventory under paragraph (1), the Sec- retary shall submit to Congress a report that includes the results of the completed inven- tory and any recommendations of the Sec- retary. (3) Use The Secretary shall use the results of the in- ventory as guidance in the commercialization and deployment of greenhouse gas intensity reducing technologies. (4) Updated inventory The Secretary shall— (A) periodically update the inventory under paragraph (1), including when deter- mined necessary by the Committee; and (B) make the updated inventory available to the public. (f) Climate Change Technology Advisory Com- mittee (1) In general The Secretary, in consultation with the Committee, may establish under section 7234 of this title a Climate Change Technology Ad- visory Committee to identify statutory, regu- latory, economic, and other barriers to the commercialization and deployment of green- house gas intensity reducing technologies and practices in the United States. (2) Composition The Advisory Committee shall be composed of the following members, to be appointed by the Secretary, in consultation with the Com- mittee: (A) 1 representative shall be appointed from each National Laboratory. (B) 3 members shall be representatives of energy-producing trade organizations. (C) 3 members shall represent energy-in- tensive trade organizations. (D) 3 members shall represent groups that represent end-use energy and other con- sumers. (E) 3 members shall be employees of the Federal Government who are experts in en- ergy technology, intellectual property, and tax. (F) 3 members shall be representatives of institutions of higher education with exper- tise in energy technology development that are recommended by the National Academy of Engineering. (3) Report Not later than 1 year after August 8, 2005, and annually thereafter, the Advisory Com- mittee shall submit to the Committee a report that describes— (A) the findings of the Advisory Com- mittee; and (B) any recommendations of the Advisory Committee for the removal or reduction of barriers to commercialization, deployment, and increasing the use of greenhouse gas in- tensity reducing technologies and practices. (g) Greenhouse gas intensity reducing tech- nology deployment (1) In general Based on the strategy developed under sub- section (c)(1), the technology inventory con- ducted under subsection (e)(1), the greenhouse Page 8573 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13401 2 So in original. See References in Text note below. gas intensity reducing technology study re- port submitted under subsection (e)(2), and re- ports under subsection (f)(3), if any, the Com- mittee shall develop recommendations that would provide for the removal of domestic bar- riers to the commercialization and deploy- ment of greenhouse gas intensity reducing technologies and practices. (2) Requirements In developing the recommendations under paragraph (1), the Committee shall consider in the aggregate— (A) the cost-effectiveness of the tech- nology; (B) fiscal and regulatory barriers; (C) statutory and other barriers; and (D) intellectual property issues. (3) Demonstration projects In developing recommendations under para- graph (1), the Committee may identify the need for climate change technology dem- onstration projects. (4) Report Not later than 18 months after August 8, 2005, the Committee shall submit to the Presi- dent and Congress a report that— (A) identifies, based on the report sub- mitted under subsection (f)(3), any barriers to, and commercial risks associated with, the deployment of greenhouse gas intensity reducing technologies; and (B) includes a plan for carrying out dem- onstration projects. (5) Updates The Committee shall— (A) at the time of submission of the report to Congress under paragraph (4), also make the report available to the public; and (B) update the report every 5 years, or more frequently as the Committee deter- mines to be necessary. (h) Procedures for calculating, monitoring, and analyzing greenhouse gas intensity The Secretary, in collaboration with the Com- mittee and the National Institute of Standards and Technology, and after public notice and op- portunity for comment, shall develop standards and best practices for calculating, monitoring, and analyzing greenhouse gas intensity. (i) Demonstration projects (1) In general The Secretary shall, subject to the avail- ability of appropriations, support demonstra- tion projects that— (A) increase the reduction of the green- house gas intensity to levels below that which would be achieved by technologies being used in the United States as of August 8, 2005; (B) maximize the potential return on Fed- eral investment; (C) demonstrate distinct roles in public- private partnerships; (D) produce a large-scale reduction of greenhouse gas intensity if commercializa- tion occurred; and (E) support a diversified portfolio to miti- gate the uncertainty associated with a sin- gle technology. (2) Cost sharing In supporting a demonstration project under this subsection, the Secretary shall require cost-sharing in accordance with section 16352 of this title. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this sub- section. (j) Cooperative research and development agree- ments In carrying out greenhouse gas intensity re- duction research and technology deployment ac- tivities under this subtitle,2 the Secretary may enter into cooperative research and development agreements under section 3710a of title 15. (Pub. L. 102–486, title XVI, § 1610, as added Pub. L. 109–58, title XVI, § 1601, Aug. 8, 2005, 119 Stat. 1109.) Editorial Notes REFERENCES IN TEXT Section 15801(3) of this title, referred to in subsec. (a)(7), was in the original ‘‘section 3(3) of the Energy Policy Act of 2005’’ and was translated as meaning sec- tion 2(3) of that Act to reflect the probable intent of Congress, because the Energy Policy Act of 2005 does not contain a section 3 and section 2(3) defines ‘‘Na- tional Laboratory’’. This subtitle, referred to in subsec. (j), appearing in the original, is unidentifiable because title XVI of Pub. L. 102–486, of which this section is a part, does not con- tain subtitles. SUBCHAPTER VIII—REDUCTION OF OIL VULNERABILITY § 13401. Goals It is the goal of the United States in carrying out energy supply and energy conservation re- search 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 con- sideration to technologies that enhance en- ergy supply and technologies that improve the efficiency of energy end uses; (3) to reduce the air, water, and other envi- ronmental impacts (including emissions of greenhouse gases) of energy production, dis- tribution, transportation, and utilization, through the development of an environ- mentally sustainable energy system; (4) to maintain the technological competi- tiveness of the United States and stimulate economic growth through the development of advanced materials and technologies; (5) to foster international cooperation by de- veloping international markets for domesti- cally produced sustainable energy tech- nologies, and by transferring environmentally sound, advanced energy systems and tech- nologies to developing countries to promote sustainable development;