42 U.S.C. § 13259 — Secretary’s recommendations to Con-

Page 8541 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13260 (i) a reduction in petroleum demand; (ii) technological advancement; and (iii) a reduction in vehicle emissions. (c) Allocation In allocating credits under subsection (b), the Secretary shall allocate one credit for each al- ternative fueled vehicle the fleet or covered per- son acquires that exceeds the number of alter- native fueled vehicles that fleet or person is re- quired to acquire under this subchapter or that is acquired before the date that fleet or person is required to acquire an alternative fueled vehi- cle under such subchapter. In the event that a vehicle is acquired before the date otherwise re- quired, the Secretary shall allocate one credit per vehicle for each year the vehicle is acquired before the required date. The credit shall be al- located for the same type vehicle as the excess vehicle or earlier acquired vehicle. (d) Use of credits At the request of a fleet or covered person al- located a credit under this section, the Sec- retary shall treat the credit as the acquisition of one alternative fueled vehicle of the type for which the credit is allocated in the year des- ignated by that fleet or person when deter- mining whether that fleet or person has com- plied with this subchapter in the year des- ignated. A credit may be counted toward com- pliance for only one year. (e) Transferability A fleet or covered person allocated a credit under this section or to whom a credit is trans- ferred under this section, may transfer freely the credit to another fleet or person who is re- quired to comply with this subchapter. At the request of the fleet or person to whom a credit is transferred, the Secretary shall treat the transferred credit as the acquisition of one al- ternative fueled vehicle of the type for which the credit is allocated in the year designated by the fleet or person to whom the credit is trans- ferred when determining whether that fleet or person has complied with this subchapter in the year designated. A transferred credit may be counted toward compliance for only one year. In the case of the alternative fuel provider program under section 13251 of this title, a transferred credit may be counted toward compliance only if the requirement of section 13251(a)(4) of this title is met. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2013. (Pub. L. 102–486, title V, § 508, Oct. 24, 1992, 106 Stat. 2897; Pub. L. 110–140, title I, § 133, Dec. 19, 2007, 121 Stat. 1511.) Editorial Notes AMENDMENTS 2007—Subsec. (a). Pub. L. 110–140, § 133(2), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 110–140, § 133(1), (3), redesignated subsec. (a) as (b), designated existing provisions as par. (1), inserted par. heading, and added par. (2). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 110–140, § 133(1), (4), redesignated subsec. (b) as (c) and substituted ‘‘subsection (b)’’ for ‘‘subsection (a)’’. Former subsec. (c) redesignated (d). Subsecs. (d), (e). Pub. L. 110–140, § 133(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively. Subsec. (f). Pub. L. 110–140, § 133(5), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 13259. Secretary’s recommendations to Con- gress (a) Recommendations to require availability or acquisition If the Secretary determines, under section 13257(f) of this title, that a fleet requirement program under section 13257 of this title is not necessary, the Secretary shall so notify the Con- gress. If the Secretary so notifies the Congress, the Secretary shall, within 2 years after such notification and by rule, prepare and submit to the Congress recommendations for requirements or incentives for— (1) fuel suppliers to make available to the public replacement fuels, including providing for the construction or availability of related fuel delivery systems; (2) suppliers of alternative fueled vehicles to make available to the public alternative fueled vehicles and to ensure the availability of necessary related services; and (3) motor vehicle drivers to use replacement fuels, to the extent necessary to achieve such goals of replacement fuel use and to ensure that the availability of alternative fuels and of alter- native fueled vehicles are consistent with each other. (b) Fair and equitable application In carrying out this section, the Secretary shall recommend the imposition of requirements proportionately on all appropriate fuel suppliers and purchasers of motor fuels and suppliers and purchasers of motor vehicles in a fair and equi- table manner. (Pub. L. 102–486, title V, § 509, Oct. 24, 1992, 106 Stat. 2898.) § 13260. Effect on other laws (a) In general Nothing in this Act or the amendments made by this Act shall be construed to alter, affect, or modify the provisions of the Clean Air Act [42 U.S.C. 7401 et seq.], or regulations issued there- under. (b) Compliance by alternative fueled vehicles Alternative fueled vehicles, whether dedicated vehicles or dual fueled vehicles, and the alter- native fuels for operating such vehicles, shall comply with requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] applicable to such vehi- cles and fuels. (Pub. L. 102–486, title V, § 510, Oct. 24, 1992, 106 Stat. 2898.)