
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: 42USC13435]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
             SUBCHAPTER VIII--REDUCTION OF OIL VULNERABILITY
 
          Part B--Oil and Gas Demand Reduction and Substitution
 
Sec. 13435. Electric motor vehicles and associated equipment 
        research and development
        

(a) General

    The Secretary shall conduct, pursuant to the Federal Nonnuclear 
Energy Research and Development Act of 1974 (42 U.S.C. 5901-5920), a 
research and development program on electric motor vehicles and 
associated equipment. Such program shall be conducted in cooperation 
with the electric utility industry, and automobile industry, battery 
manufacturers, and such other persons as the Secretary considers 
appropriate.

(b) Comprehensive plan

    (1) The Secretary shall prepare a comprehensive 5-year program plan 
for carrying out the purposes of this section. Such comprehensive plan 
shall be updated biennially for a period of not less than 10 years after 
October 24, 1992.
    (2) The comprehensive plan under paragraph (1) shall be prepared in 
consultation with the Administrator of the Environmental Protection 
Agency, the Secretary of Transportation, the Secretary of Commerce, the 
heads of other appropriate Federal agencies, representatives of the 
electric utility industry, electric motor vehicle manufacturers, the 
United States automobile industry, and such other persons as the 
Secretary considers appropriate.
    (3) The comprehensive plan shall include--
        (A) a prioritization of research areas critical to the 
    commercialization of electric motor vehicles, including advanced 
    battery technology;
        (B) the program elements, management structure, and activities, 
    including program responsibilities, of Federal agencies;
        (C) the program strategies, including technical milestones to be 
    achieved toward specific goals during each fiscal year of the 
    comprehensive plan for all major activities and projects;
        (D) the estimated costs of individual program elements, 
    including estimated costs for each of the fiscal years of the 
    comprehensive plan for each of the participating Federal agencies;
        (E) a description of the methods of technology transfer;
        (F) a proposal for participation by non-Federal entities in the 
    implementation of the comprehensive plan; and
        (G) such other information as the Secretary considers 
    appropriate.

    (4) Not later than 180 days after October 24, 1992, the Secretary 
shall transmit the comprehensive plan to the Congress. Biennial updates 
shall be submitted to the Congress.

(c) Cooperative agreements

    The Secretary, consistent with the comprehensive plan under 
subsection (b) of this section, may enter into cooperative agreements to 
conduct research and development projects with industry in such areas of 
technology development as--
        (1) high efficiency electric power trains, including advanced 
    motors, motor controllers, and hybrid power trains for electric 
    motor vehicle range improvement;
        (2) light-weight structures for electric motor vehicle weight 
    reduction;
        (3) advanced batteries with high energy density and power 
    density, and improved range or recharging cycles for a given unit 
    weight, for electric motor vehicle application;
        (4) hybrid power trains incorporating an electric motor and 
    recyclable battery charged by an onboard liquid fuel engine, 
    designed to significantly improve fuel economies while maintaining 
    acceleration characteristics comparable to a conventionally fueled 
    vehicle;
        (5) batteries and fuel cells for electric-hybrid vehicle 
    application;
        (6) fuel cells and fuel cell systems for primary electric motor 
    vehicle power sources; and
        (7) photovoltaics for use with electric motor vehicles.

(d) Solicitation of proposals

    (1) Within one year after October 24, 1992, the Secretary shall 
solicit proposals for cooperative agreements for research and 
development under subsection (c) of this section.
    (2) Thereafter, the Secretary may solicit additional proposals for 
cooperative agreements under subsection (c) of this section if, in the 
judgment of the Secretary, such cooperative agreements could contribute 
to the development of electric motor vehicles and associated equipment.

(e) Cost-sharing

    (1) The Secretary shall require at least 50 percent of the costs 
directly and specifically related to any cooperative agreement under 
this section, other than a cooperative agreement under subsection (j) of 
this section, to be from non-Federal sources. Such share may be in the 
form of cash, personnel, services, equipment, and other resources.
    (2) The Secretary may reduce the amount of costs required to be 
provided by non-Federal sources under paragraph (1), if the Secretary 
determines that the reduction is necessary and appropriate--
        (A) considering the technological risks involved in the project; 
    and
        (B) in order to meet the objectives of this section.

(f) Deployment

    (1) The Secretary shall conduct a program designed to accelerate 
deployment of advanced battery technologies for use with electric motor 
vehicles.
    (2) In carrying out the program authorized by this subsection, the 
Secretary shall--
        (A) undertake an inventory and assessment of advanced battery 
    technologies and electric motor vehicle technologies and the 
    commercial capability of such technologies; and
        (B) develop a Federal industry information exchange program to 
    improve the deployment or use of such technologies, which may 
    consist of workshops, publications, conferences, and a data base for 
    use by the public and private sectors.

(g) Domestic parts manufacturers

    In carrying out this section, the Secretary, in consultation with 
the Secretary of Commerce, shall issue regulations to ensure that the 
procurement practices of participating electric motor vehicle and 
associated equipment manufacturers do not discriminate against the 
United States manufacturers of vehicle parts.

(h) Hold harmless

    Nothing in this section shall be construed to alter, affect, modify, 
or change any activities or agreements initiated prior to October 24, 
1992, with domestic motor vehicle manufacturers through joint venture or 
consortium agreements regarding batteries for electric motor vehicles.

(i) Consultation

    The Secretary shall consult with the Administrator of the 
Environmental Protection Agency and the Secretary of Transportation in 
carrying out this section.

(j) Fuel cells for transportation

    (1) The Secretary shall develop and implement a comprehensive 
program of research, development, and demonstration of fuel cells and 
related systems for transportation applications through the 
establishment of one or more cooperative programs among industry, 
government, and research institutions to develop and demonstrate the use 
of fuel cells as the primary power source for private and mass transit 
vehicles and other mobile applications.
    (2) Research, development, and demonstration activities under this 
subsection shall be designed to incorporate one or more of the following 
priorities:
        (A) The potential for near-term to mid-term commercialization.
        (B) The ability of the systems to use a variety of renewable and 
    nonfossil fuels.
        (C) Emission reduction and energy conservation potential.
        (D) The potential to utilize fuel cells and fuel cell systems 
    developed under Department of Defense and National Aeronautics and 
    Space Administration programs.
        (E) The potential to take maximum practical advantage of 
    advances made in electric motor vehicle research, stationary source 
    fuel cell research, and other research activities authorized by this 
    subchapter.

    (3)(A) Research, development, and demonstration projects selected by 
the Secretary under this subsection shall apply to--
        (i) passenger vehicles;
        (ii) vans and utility vehicles;
        (iii) light rail systems and locomotives;
        (iv) trucks, including long-haul trucks, dump trucks, and 
    garbage trucks;
        (v) passenger buses;
        (vi) non-chlorofluorocarbon mobile refrigeration systems;
        (vii) marine vessels, including recreational marine engines; or
        (viii) mobile engines and power generation, including 
    recreational generators, and industrial and construction equipment.

    (B) The Secretary shall establish programs to undertake research, 
development, and demonstration activities for the applications listed in 
clauses (i) through (viii) of subparagraph (A) in each of fiscal years 
1993, 1994, 1995, and 1996, based on the priorities established in 
paragraph (2), so that by the end of the period, research, development, 
and demonstration activities are under way for the applications under 
each such clause. The initiatives authorized and implemented pursuant to 
this subsection shall be in addition to any other fuel cell programs 
authorized in existing law.

(k) Definitions

    For purposes of this section--
        (1) the term ``advanced battery technology'' means 
    electrochemical storage devices and systems, including fuel cells, 
    and associated technology necessary to charge, discharge, recharge, 
    or regenerate such devices, for use as a source of power for an 
    electric motor vehicle and any other associated equipment;
        (2) the term ``associated equipment'' means equipment necessary 
    for the regeneration, refueling, or recharging of batteries or other 
    forms of electric energy used to power an electric motor vehicle 
    and, in the case of electric-hybrid vehicles, such term includes 
    nonpetroleum-related equipment necessary for, and solely related to, 
    the demonstration of such vehicles;
        (3) the term ``electric motor vehicle'' means a motor vehicle 
    primarily powered by an electric motor that draws current from 
    rechargeable storage batteries, fuel cells, photovoltaic arrays, or 
    other sources of electric current and may include an electric-hybrid 
    vehicle; and
        (4) the term ``electric-hybrid vehicle'' means vehicle primarily 
    powered by an electric motor that draws current from rechargeable 
    storage batteries, fuel cells, or other sources of electric current 
    and also relies on a nonelectric source of power that also operates 
    on or is capable of operating on a nonelectrical source of power.

(Pub. L. 102-486, title XX, Sec. 2025, Oct. 24, 1992, 106 Stat. 3063; 
Pub. L. 105-362, title IV, Sec. 402(a), Nov. 10, 1998, 112 Stat. 3283.)

                       References in Text

    The Federal Nonnuclear Energy Research and Development Act of 1974, 
referred to in subsec. (a), is Pub. L. 93-577, Dec. 31, 1974, 88 Stat. 
1878, as amended, which is classified generally to chapter 74 (Sec. 5901 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 5901 of this title and 
Tables.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-362, Sec. 402(a)(1), substituted 
``biennially'' for ``annually'' in second sentence.
    Subsec. (b)(4). Pub. L. 105-362, Sec. 402(a)(2), substituted 
``Biennial updates'' for ``Annual updates'' in second sentence.

                  Section Referred to in Other Sections

    This section is referred to in section 13431 of this title.
