
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13387]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                  SUBCHAPTER VII--GLOBAL CLIMATE CHANGE
 
Sec. 13387. Innovative environmental technology transfer program


(a) Establishment of program

    The Secretary, through the Agency for International Development, and 
in consultation with the interagency working group established under 
section 6276(d) of this title (in this section referred to as the 
``interagency working group'',\1\ shall establish a technology transfer 
program to carry out the purposes described in subsection (b) of this 
section. 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 procedure for resolving any disputes between the Secretary 
and the Administrator regarding the implementation of specific projects. 
With respect to countries not assisted by the Agency for International 
Development, the Secretary may enter into agreements with other 
appropriate Federal 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 memorandum to the 
President outlining an appropriate agreement. Within 90 days after 
receipt of either memorandum, the President shall determine 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.
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    \1\ So in original. Probably should be preceded by a closing 
parenthesis.
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(b) Purposes of program

    The purposes of the technology transfer program under this section 
are to--
        (1) reduce the United States balance of trade deficit through 
    the export of United States energy technologies and technological 
    expertise;
        (2) retain and create manufacturing and related service jobs in 
    the United States;
        (3) encourage the export of United States technologies, 
    including services related thereto, to those countries that have a 
    need for developmentally sound facilities to provide energy derived 
    from technologies that substantially reduce environmental 
    pollutants, including greenhouse gases;
        (4) develop markets for United States technologies, including 
    services related thereto, that substantially reduce environmental 
    pollutants, including greenhouse gases, that meet the energy and 
    environmental requirements of foreign countries;
        (5) better ensure that United States participation in energy-
    related projects in foreign countries includes participation by 
    United States firms as well as utilization of United States 
    technologies;
        (6) ensure the introduction of United States firms and expertise 
    in foreign countries;
        (7) provide financial assistance by the Federal Government to 
    foster greater participation by United States firms in the 
    financing, ownership, design, construction, or operation of 
    technologies or services that substantially reduce environmental 
    pollutants, including greenhouse gases; and
        (8) 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 subsection (a) of this 
section, the Secretary, through the Agency for International 
Development, and after consultation with the interagency working group, 
United States firms, and representatives from foreign countries, shall 
develop mechanisms to identify potential energy projects in host 
countries that substantially reduce environmental pollutants, including 
greenhouse gases, 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 subsection (a) of this section, 
the Secretary, through the Agency for International Development, shall--
        (A) establish appropriate financial mechanisms to increase the 
    participation of United States firms in energy projects, and 
    services related thereto, that substantially reduce environmental 
    pollutants, including greenhouse gases in foreign countries;
        (B) utilize available financial assistance authorized by this 
    section to counterbalance assistance provided by foreign governments 
    to non-United States firms; and
        (C) provide financial assistance to support projects.

    (2) The financial assistance authorized by this section may be--
        (A) provided in combination with other forms of financial 
    assistance, including non-Federal funding that may be available for 
    the project; and
        (B) utilized in conjunction with financial assistance programs 
    available through other Federal agencies.

    (3) United States obligations under the Arrangement on Guidelines 
for Officially Supported Export Credits established through the 
Organization for Economic Cooperation and Development shall be 
applicable to this section.

(e) Solicitations for project proposals

    (1) Pursuant to the agreements under subsection (a) of this section, 
the Secretary, through the Agency for International Development, within 
one year after October 24, 1992, and subsequently as appropriate 
thereafter, shall solicit proposals from United States firms for the 
design, construction, testing, and operation of the project or projects 
identified under subsection (c) of this section which propose to utilize 
a United States technology or service. Each solicitation under this 
section shall establish a closing 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 Department of Energy.
    (3) Any solicitation made under this subsection shall include the 
following requirements:
        (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 technology, 
    including services related thereto, that substantially reduce 
    environmental pollutants, including greenhouse gases, in meeting the 
    applicable 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 
    arrangement with a non-United States manufacturer or other non-
    United States entity is permissible.

(f) Assistance to United States firms

    Pursuant to the agreements under subsection (a) of this section, the 
Secretary, through the Agency for International Development, and in 
consultation with the interagency working group, shall establish a 
procedure to provide financial assistance to United States firms under 
this section for a project identified under subsection (c) of this 
section 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) of this section, the 
Secretary, through the Agency for International Development, and in 
consultation with the interagency working group, 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 representatives of utilities or other entities in 
    host countries, 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) Eligible technologies

    Not later than 6 months after October 24, 1992, the Secretary shall 
prepare a list of eligible technologies and services under this section. 
In preparing such a list, the Secretary shall consider fuel cell 
powerplants, aeroderivitive gas turbines and catalytic combustion 
technologies for aeroderivitive gas turbines, ocean thermal energy 
conversion technology, anaerobic digester and storage tanks, and other 
renewable energy and energy efficiency technologies.

(i) Selection of projects

    (1) Pursuant to the agreements under subsection (a) of this section, 
the Secretary, through the Agency for International Development, shall, 
not later than 120 days after receipt of proposals in response to a 
solicitation under subsection (e) of this section, select one or more 
proposals under this section.
    (2) In selecting a proposal under this section, the Secretary, 
through the Agency for International Development, shall consider--
        (A) the ability of the United States firm, in cooperation with 
    the host country, to undertake and complete the project;
        (B) the degree to which the equipment to be included in the 
    project is designed and manufactured 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 development of 
    additional energy projects using such technology in the host country 
    and in other foreign countries;
        (D) the extent of technical and financial involvement of the 
    host country in the project;
        (E) the extent to which the proposed project meets the purposes 
    of this section;
        (F) the extent of technical, financial, management, and 
    marketing capabilities of the participants in the project, and the 
    commitment of the participants to completion of a successful project 
    in a manner that will facilitate acceptance of the United States 
    technology or service for future application; and
        (G) such other criteria as may be appropriate.

    (3) In selecting among proposed projects, the Secretary shall seek 
to ensure that, relative to otherwise comparable projects in the host 
country, a selected project will meet the following criteria:
        (A) It will reduce environmental emissions, including greenhouse 
    gases, to an extent greater than required by applicable provisions 
    of law.
        (B) It will be a more cost-effective technological alternative, 
    based on life cycle capital and operating costs per unit of energy 
    produced and, where applicable, costs per unit of product produced.
        (C) It will increase the overall efficiency of energy use.

Priority in selection shall be given to those projects which, in the 
judgment of the Secretary, best meet these criteria.

(j) United States-Asia Environmental Partnership

    Activities carried out under this section shall be coordinated with 
the United States-Asia Environmental Partnership.

(k) Buy America

    In carrying out this section, the Secretary, through the Agency for 
International Development, and pursuant to the agreements under 
subsection (a) of this section, shall ensure--
        (1) the maximum percentage, but in no case less than 50 percent, 
    of the cost of any equipment furnished in connection with a project 
    authorized under this section shall be attributable 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 
components in the host country shall not be considered 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 report annually to the Committee on Energy and Natural 
Resources of the Senate and the appropriate committees of the House of 
Representatives on the progress being made to introduce innovative 
energy technologies, and services related thereto, that substantially 
reduce environmental 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 participate in 
            development assistance programs of the Agency for 
            International Development 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, Sec. 1608, Oct. 24, 1992, 106 Stat. 3003.)
