42 U.S.C. § 12006 — Reports

Page 8236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12006 1 So in original. Probably should not be capitalized. (Pub. L. 101–218, § 6, Dec. 11, 1989, 103 Stat. 1863; Pub. L. 102–486, title XII, § 1202(a), Oct. 24, 1992, 106 Stat. 2956.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(4)(A), was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. AMENDMENTS 1992—Pub. L. 102–486 amended section generally, sub- stituting provisions relating to demonstration and commercial application projects for renewable energy and energy efficiency technologies for provisions relat- ing to use of joint ventures to further commercializa- tion of renewable energy and energy efficiency tech- nologies. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees 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 committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 12006. Reports (a) Report by Secretary One year after December 11, 1989, and annually thereafter, the Secretary shall report to Con- gress on the programs and projects supported under this chapter and the progress being made toward accomplishing the goals and purposes set forth in this chapter. (b) National renewable energy and energy effi- ciency management plan (1) The Secretary, in consultation with the Ad- visory Committee, shall prepare a three-year management plan to be administered and car- ried out by the Secretary in the conduct of ac- tivities under this chapter. (2) After opportunity for public comment and consideration, as appropriate, of such comment, the Secretary shall publish the plan. (3) In addition to describing the Secretary’s intentions for administering this chapter, the plan shall include a comprehensive strategy for assisting the private sector— (A) in commercializing the renewable energy and energy efficiency technologies developed under this chapter; and (B) in meeting competition from foreign sup- pliers of products derived from renewable en- ergy and energy efficiency technologies. (4) The plan shall address the role of federally- assisted research, development, and demonstra- tion in the achievement of applicable national policy goals of the National Energy Policy Plan required under section 7321 of this title and the plan developed under section 5905 of this title. (5) In addition, the Plan 1 shall— (A) contain a detailed assessment of pro- gram needs, objectives, and priorities for each of the programs authorized under section 12005 of this title; (B) use a uniform prioritization method- ology to facilitate cost-benefit analyses of pro- posals in various program areas; (C) establish milestones for setting forth specific technology transfer activities under each program area; (D) include annual and five-year cost esti- mates for individual programs under this chapter; and (E) identify program areas for which funding levels have been changed from the previous year’s Plan.1 (6) Within one year after October 24, 1992, the Secretary shall submit a revised management plan under this section to Congress. Thereafter, the Secretary shall submit a management plan every three years at the time of submittal of the President’s annual budget submission to the Congress. (c) Report on options As part of the first report submitted under subsection (a), the Secretary shall submit to Congress a report analyzing options available to the Secretary under existing law to assist the private sector with the timely commercializa- tion of wind, photovoltaic, solar thermal, biofuels, hydrogen, solar buildings, marine, geo- thermal, low-head hydro, and energy storage re- newable energy technologies and energy effi- ciency technologies through emphasis on devel- opment and demonstration assistance to specific technologies in the research, development, and demonstration programs of the Department of Energy that are near commercial application. (Pub. L. 101–218, § 9, Dec. 11, 1989, 103 Stat. 1868; Pub. L. 102–486, title XII, § 1202(c), (d)(5), title XXIII, § 2303(b), Oct. 24, 1992, 106 Stat. 2959, 2960, 3093; Pub. L. 116–260, div. Z, title III, § 3006(a)(2), Dec. 27, 2020, 134 Stat. 2512.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(1), (3), (5)(D), was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Re- newable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. AMENDMENTS 2020—Subsec. (c). Pub. L. 116–260 substituted ‘‘ma- rine,’’ for ‘‘ocean,’’. 1992—Subsec. (a). Pub. L. 102–486, § 1202(d)(5), sub- stituted ‘‘and projects’’ for ‘‘, projects, and joint ven- tures’’. Subsec. (b)(1). Pub. L. 102–486, § 1202(c)(1), inserted ‘‘three-year’’ before ‘‘management plan’’. Subsec. (b)(4). Pub. L. 102–486, § 2303(b), inserted before period at end ‘‘and the plan developed under section 5905 of this title’’. Subsec. (b)(5), (6). Pub. L. 102–486, § 1202(c)(2), added pars. (5) and (6) and struck out former par. (5) which Page 8237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 read as follows: ‘‘The plan shall accompany the Presi- dent’s annual budget submission to the Congress.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a) and (b) of this section are listed as the 20th item on page 84 and the 19th item on page 86), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 12007. No antitrust immunity or defenses Nothing in this chapter shall be deemed to convey to any person, partnership, corporation, or other entity immunity from civil or criminal liability under any antitrust law or to create de- fenses to actions under any antitrust law. As used in this section, ‘‘antitrust laws’’ means those Acts set forth in section 12 of title 15. (Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. CHAPTER 126—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. 12102. Definition of disability. 12103. Additional definitions. SUBCHAPTER I—EMPLOYMENT 12111. Definitions. 12112. Discrimination. 12113. Defenses. 12114. Illegal use of drugs and alcohol. 12115. Posting notices. 12116. Regulations. 12117. Enforcement. SUBCHAPTER II—PUBLIC SERVICES PART A—PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY APPLICABLE PROVISIONS 12131. Definitions. 12132. Discrimination. 12133. Enforcement. 12134. Regulations. PART B—ACTIONS APPLICABLE TO PUBLIC TRANSPOR- TATION PROVIDED BY PUBLIC ENTITIES CONSIDERED DISCRIMINATORY SUBPART I—PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS 12141. Definitions. 12142. Public entities operating fixed route systems. 12143. Paratransit as a complement to fixed route service. 12144. Public entity operating a demand responsive system. 12145. Temporary relief where lifts are unavailable. Sec. 12146. New facilities. 12147. Alterations of existing facilities. 12148. Public transportation programs and activi- ties in existing facilities and one car per train rule. 12149. Regulations. 12150. Interim accessibility requirements. SUBPART II—PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL 12161. Definitions. 12162. Intercity and commuter rail actions consid- ered discriminatory. 12163. Conformance of accessibility standards. 12164. Regulations. 12165. Interim accessibility requirements. SUBCHAPTER III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTI- TIES 12181. Definitions. 12182. Prohibition of discrimination by public ac- commodations. 12183. New construction and alterations in public accommodations and commercial facilities. 12184. Prohibition of discrimination in specified public transportation services provided by private entities. 12185. Study. 12186. Regulations. 12187. Exemptions for private clubs and religious or- ganizations. 12188. Enforcement. 12189. Examinations and courses. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 12201. Construction. 12202. State immunity. 12203. Prohibition against retaliation and coercion. 12204. Regulations by Architectural and Transpor- tation Barriers Compliance Board. 12205. Attorney’s fees. 12205a. Rule of construction regarding regulatory au- thority. 12206. Technical assistance. 12207. Federal wilderness areas. 12208. Transvestites. 12209. Instrumentalities of Congress. 12210. Illegal use of drugs. 12211. Definitions. 12212. Alternative means of dispute resolution. 12213. Severability. § 12101. Findings and purpose (a) Findings The Congress finds that— (1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been pre- cluded from doing so because of discrimina- tion; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with dis- abilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health serv- ices, voting, and access to public services;