42 U.S.C. § 13523 — Management plan

Page 8597 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13523 1 See References in Text note below. conducting, semiconductor, electrooptic, magnetooptic, thin-film, and special purpose coating materials used in technologies for energy efficiency, renewable energy, or elec- tric power applications; and (3) the term ‘‘United States’’ means the 50 States of the United States, the District of Co- lumbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and any other terri- tory or possession of the United States. (Pub. L. 102–486, title XXII, § 2206, Oct. 24, 1992, 106 Stat. 3091.) SUBCHAPTER XI—POLICY AND ADMINISTRATIVE PROVISIONS § 13521. Policy on major construction projects (a) Report and management plan The Secretary shall submit to the Congress a report and management plan for any major con- struction 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) may be made after a period of 30 calendar days (not including any day on which either House of Congress is not in session be- cause of adjournment of more than 3 calendar days prior to a day certain) has passed after re- ceipt of the report and management plan by Congress. (Pub. L. 102–486, title XXIII, § 2301, Oct. 24, 1992, 106 Stat. 3092.) § 13522. Energy Research, Development, Dem- onstration, and Commercial Application Ad- visory Board (a) Establishment The Secretary shall establish an Energy Re- search, Development, Demonstration, and Com- mercial 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, develop- ment, demonstration, and commercial applica- tion 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 re- ports and their implementation in relation to the goals stated in section 13401 of this title, and report the results of such review to the Sec- retary and the Congress. Such report shall be in- cluded as part of the report required under sec- tion 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). (Pub. L. 102–486, title XXIII, § 2302, Oct. 24, 1992, 106 Stat. 3092.) Editorial Notes 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. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, 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 estab- lished by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Govern- ment Organization and Employees. § 13523. Management plan (a) Plan preparation The Secretary, in consultation with the Advi- sory Board established under section 13522 of this title, shall prepare a management plan for the conduct of research, development, dem- onstration, and commercial application of en- ergy technologies that is consistent with the goals stated in section 13401 of this title. (b) Contents of plan The management plan under subsection (a) shall provide for— (1) investigation of promising energy and en- ergy efficiency resource technologies that have been identified as potentially significant future contributors to national energy secu- rity; (2) development of energy and energy effi- ciency resource technologies that have the po- tential to reduce energy supply vulnerability, and to minimize adverse impacts on the envi- ronment, the global climate, and the economy; and (3) creation of opportunities for export of en- ergy and energy efficiency resource tech- nologies from the United States that can en- hance the Nation’s competitiveness. (c) Energy technology inventory and status re- port As part of the management plan, the Sec- retary, with the advice of the Advisory Board es- tablished under section 13522 of this title, shall develop an inventory and status report of tech- nologies to enhance energy supply and to im- prove the efficiency of energy end uses. The in- ventory 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 Sec- retary projects may become available with addi- Page 8598 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13524 tional research, development, and demonstra- tion. The inventory and status report shall pro- vide, 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, oper- ating, 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-competi- tiveness of the technology in comparison with alternative technologies to provide the same energy service. (d) Public comment The Secretary shall publish the proposed man- agement plan for a written public comment pe- riod of at least 90 days. The Secretary shall con- sider such comments and include a summary thereof in the management plan. (e) Plan submission Within one year after October 24, 1992, the Sec- retary 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. (Pub. L. 102–486, title XXIII, § 2304, Oct. 24, 1992, 106 Stat. 3093.) § 13524. Costs related to decommissioning and storage and disposal of nuclear waste (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 decommis- sioning 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). (c) Definitions As used in this section— (1) the term ‘‘costs related to decommis- sioning of nuclear facilities’’ means any cost associated with the compliance with regu- latory requirements governing the decommis- sioning 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, associ- ated 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, nu- clear fuel rods, control assemblies, or other components that are emitting large quantities of ionizing radiation; and (4) the term ‘‘nuclear waste’’ means any ra- dioactive waste material subject to regulation by the Nuclear Regulatory Commission or the Department of Energy. (Pub. L. 102–486, title XXIII, § 2305, Oct. 24, 1992, 106 Stat. 3094.) § 13525. Limits on participation by companies A company shall be eligible to receive finan- cial 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 sub- chapters would be in the economic interest of the United States, as evidenced by invest- ments in the United States in research, devel- opment, and manufacturing (including, for ex- ample, the manufacture of major components or subassemblies in the United States); signifi- cant contributions to employment in the United States; an agreement with respect to any technology arising from assistance pro- vided under this section to promote the manu- facture within the United States of products resulting from that technology (taking into account the goals of promoting the competi- tiveness 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 invest- ment opportunities comparable to those af- forded to any other company; and affords adequate and effective protection for the in- tellectual property rights of United States- owned companies. (Pub. L. 102–486, title XXIII, § 2306, Oct. 24, 1992, 106 Stat. 3095.)