42 U.S.C. § 13362 — Innovative clean coal technology trans-

Page 8558 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13362 Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (a), was in the origi- nal ‘‘this subtitle’’ meaning subtitle C of title XIII of Pub. L. 102–486, which enacted this part and provisions set out as a note under section 824a–3 of Title 16, Con- servation. Section 409 of Public Law 101–549, referred to in sub- sec. (f), is section 409 of Pub. L. 101–549, title IV, Nov. 15, 1990, 104 Stat. 2634, which directed the Secretary of Energy, in consultation with the Secretary of Com- merce, to submit a report to Congress within one year of November 15, 1990, respecting clean coal technology programs, and which is not classified to the Code. § 13362. Innovative clean coal technology trans- fer program (a) Establishment of program The Secretary, through the Agency for Inter- national Development, and in consultation with the other members of the CCT Subgroup, shall establish a clean coal technology transfer pro- gram to carry out the purposes described in sub- section (b). 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 proce- dure for resolving any disputes between the Sec- retary and the Administrator regarding the im- plementation of specific projects. With respect to countries not assisted by the Agency for International Development, the Secretary may enter into agreements with other appropriate United States 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 memo- randum to the President outlining an appro- priate agreement. Within 90 days after receipt of either memorandum, the President shall deter- mine 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 pro- gram under this section are to— (1) reduce the United States balance of trade deficit through the export of United States en- ergy technologies and technological expertise; (2) retain and create manufacturing and re- lated service jobs in the United States; (3) encourage the export of United States technologies, including services related there- to, to those countries that have a need for de- velopmentally sound facilities to provide en- ergy derived from coal resources; (4) develop markets for United States tech- nologies and, where appropriate, United States coal resources to be utilized in meeting the en- ergy and environmental requirements of for- eign countries; (5) better ensure that United States partici- pation in energy-related projects in foreign countries includes participation by United States firms as well as utilization of United States technologies that have been developed or demonstrated in the United States through publicly or privately funded demonstration programs; (6) provide for the accelerated deployment of United States technologies that will serve to introduce into foreign countries United States technologies intended to use coal resources in a more efficient, cost-effective, and environ- mentally acceptable manner; (7) serve to ensure the introduction of United States firms and expertise in foreign countries; (8) provide financial assistance by the Fed- eral Government to foster greater participa- tion by United States firms in the financing, ownership, design, construction, or operation of clean coal technology projects in foreign countries; (9) assist foreign countries in meeting their energy needs through the use of coal in an en- vironmentally acceptable manner, consistent with sustainable development policies; and (10) 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 sub- section (a), the Secretary, through the Agency for International Development, and after con- sultation with the CCT Subgroup, United States firms, and representatives from foreign coun- tries, shall develop mechanisms to identify po- tential energy projects in host countries, 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 sub- section (a), the Secretary, through the Agency for International Development, shall— (A) establish appropriate financial mecha- nisms to increase the participation of United States firms in energy projects utilizing United States clean coal technologies, and services related thereto, in developing coun- tries and countries making the transition from nonmarket to market economies; (B) utilize available financial assistance au- thorized by this section to counterbalance as- sistance provided by foreign governments to non-United States firms; and (C) provide financial assistance to support projects, including— (i) financing the incremental costs of a clean coal technology project attributable only to expenditures to prevent or abate emissions; (ii) providing the difference between the costs of a conventional energy project in the host country and a comparable project that would utilize a clean coal technology capa- ble of achieving greater efficiency of energy products and improved environmental emis- sions compared to such conventional project; and (iii) such other forms of financial assist- ance as the Secretary, through the Agency for International Development, considers ap- propriate. Page 8559 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13362 (2) The financial assistance authorized by this section may be— (A) provided in combination with other forms of financial assistance, including non- United States funding that is available to the project; and (B) utilized to assist United States firms to develop innovative financing packages for clean coal technology projects that seek to utilize other financial assistance programs available through other Federal agencies. (3) United States obligations under the Ar- rangement on Guidelines for Officially Sup- ported Export Credits established through the Organization for Economic Cooperation and De- velopment shall be applicable to this section. (e) Solicitations for project proposals (1) Pursuant to the agreements under sub- section (a), the Secretary, through the Agency for International Development, within one year after October 24, 1992, and subsequently as ap- propriate thereafter, shall solicit proposals from United States firms for the design, construction, testing, and operation of the project or projects identified under subsection (c) which propose to utilize a United States technology. Each solici- tation under this section shall establish a clos- ing 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 De- partment of Energy. (3) Any solicitation made under this sub- section shall include the following require- ments: (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 clean coal technology, including services re- lated thereto, and, where appropriate, United States coal resources, in meeting the applica- ble 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 ar- rangement with a non-United States manufac- turer or other non-United States entity is per- missible. (f) Assistance to United States firms Pursuant to the agreements under subsection (a), the Secretary, through the Agency for Inter- national Development, and in consultation with the CCT Subgroup, shall establish a procedure to provide financial assistance to United States firms under this section for a project identified under subsection (c) 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), the Secretary, through the Agency for Inter- national Development, and in consultation with the CCT Subgroup, 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 representa- tives of utilities or other entities in host coun- tries, 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) Selection of projects (1) Pursuant to the agreements under sub- section (a), the Secretary, through the Agency for International Development, shall, not later than 120 days after receipt of proposals in re- sponse to a solicitation under subsection (e), se- lect one or more proposals under this section. (2) In selecting a proposal under this section, the Secretary, through the Agency for Inter- national Development, shall consider— (A) the ability of the United States firm, in cooperation with the host country, to under- take and complete the project; (B) the degree to which the equipment to be included in the project is designed and manu- factured 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 develop- ment of additional energy projects using such technology in the host country and in other foreign countries; (D) the extent of technical and financial in- volvement of the host country in the project; (E) the extent to which the proposed project meets the goals and objectives stated in sec- tion 13331(a) of this title; (F) the extent of technical, financial, man- agement, and marketing capabilities of the participants in the project, and the commit- ment of the participants to completion of a successful project in a manner that will facili- tate acceptance of the United States tech- nology for future application; and (G) such other criteria as may be appro- priate. (3) In selecting among proposed projects, the Secretary shall seek to ensure that, relative to otherwise comparable projects in the host coun- try, a selected project will meet 1 or more of the following criteria: (A) It will reduce environmental emissions to an extent greater than required by applica- ble provisions of law. (B) It will increase the overall efficiency of the utilization of coal, including energy con- version efficiency and, where applicable, pro- duction of products derived from coal. (C) It will be a more cost-effective techno- logical alternative, based on life cycle capital and operating costs per unit of energy pro- duced and, where applicable, costs per unit of product produced. Page 8560 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13363 1 See References in Text note below. Priority in selection shall be given to those projects which, in the judgment of the Sec- retary, best meet one or more of these criteria. (i) United States-Asia Environmental Partner- ship Activities carried out under this section shall be coordinated with the United States-Asia En- vironmental Partnership. (j) Buy America In carrying out this section, the Secretary, through the Agency for International Develop- ment, and pursuant to the agreements under subsection (a), shall ensure— (1) the maximum percentage, but in no case less than 50 percent, of the cost of any equip- ment furnished in connection with a project authorized under this section shall be attrib- utable 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 com- ponents in the host country shall not be consid- ered a part of the cost of such United States component. (k) Reports 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 clean coal technologies into foreign countries. (l) ‘‘Host country’’ defined For purposes of this section, the term ‘‘host country’’ means a foreign country which is— (1) the participant in or the site of the pro- posed clean coal technology project; and (2) either— (A) classified as a country eligible to par- ticipate in development assistance programs of the Agency for International Develop- ment pursuant to applicable law or regula- tion; or (B) a developing country or country with an economy in transition from a nonmarket to a market economy. (m) 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 XIII, § 1332, Oct. 24, 1992, 106 Stat. 2979.) § 13363. Conventional coal technology transfer If the Secretary determines that the utiliza- tion of a clean coal technology is not prac- ticable for a proposed project and that a United States conventional coal technology would con- stitute a substantial improvement in efficiency, costs, and environmental performance relative to the technology being used in a developing country or country making the transition from nonmarket to market economies, with signifi- cant indigenous coal resources, such technology shall, for purposes of sections 13361 and 13362 1 of this title, be considered a clean coal technology. In the case of combustion technologies, only the retrofit, repowering, or replacement of a conven- tional technology shall constitute a substantial improvement for purposes of this section. In car- rying out this section, the Secretary shall give highest priority to promoting the most environ- mentally sound and energy efficient tech- nologies. (Pub. L. 102–486, title XIII, § 1333, Oct. 24, 1992, 106 Stat. 2984.) Editorial Notes REFERENCES IN TEXT Sections 13361 and 13362 of this title, referred to in text, was in the original ‘‘sections 1321 and 1322’’ and was translated as reading ‘‘sections 1331 and 1332’’ meaning sections 1331 and 1332 of Pub. L. 102–486, to re- flect the probable intent of Congress, because Pub. L. 102–486 does not contain a section 1322 and sections 1331 and 1332 of Pub. L. 102–486 relate to export of clean coal technology. § 13364. Study of utilization of coal combustion byproducts (a) ‘‘Coal combustion byproducts’’ defined As used in this section, the term ‘‘coal com- bustion byproducts’’ means the residues from the combustion of coal including ash, slag, and flue gas desulfurization materials. (b) Study and report to Congress (1) The Secretary shall conduct a detailed and comprehensive study on the institutional, legal, and regulatory barriers to increased utilization of coal combustion byproducts by potential gov- ernmental and commercial users. Such study shall identify and investigate barriers found to exist at the Federal, State, or local level, which may have limited or may have the foreseeable effect of limiting the quantities of coal combus- tion byproducts that are utilized. In conducting this study, the Secretary shall consult with other departments and agencies of the Federal Government, appropriate State and local gov- ernments, and the private sector. (2) Not later than one year after October 24, 1992, the Secretary shall submit a report to the Congress containing the results of the study re- quired by paragraph (1) and the Secretary’s rec- ommendations for action to be taken to increase the utilization of coal combustion byproducts. At a minimum, such report shall identify ac- tions that would increase the utilization of coal combustion byproducts in— (A) bridge and highway construction; (B) stabilizing wastes; (C) procurement by departments and agen- cies of the Federal Government and State and local governments; and (D) federally funded or federally subsidized procurement by the private sector. (Pub. L. 102–486, title XIII, § 1334, Oct. 24, 1992, 106 Stat. 2984.)