42 U.S.C. § 13316 — Innovative renewable energy technology transfer program

(a) Establishment of program: The Secretary, through the Agency for International Development, and consulting the other members of the interagency working group set up under section 6276(d) of this title (the "interagency working group"), must establish a renewable energy technology transfer program to achieve the purposes in subsection (b). Within 150 days after October 24, 1992, the Secretary and the USAID Administrator must sign a written agreement to carry this out, including a way to resolve disputes over how specific projects are implemented. For countries USAID doesn't assist, the Secretary may make agreements with other appropriate federal agencies instead. If the Secretary and the Administrator — or the Secretary and another agency — can't agree, each must send the President a memo laying out its version of the agreement, and the President must decide within 90 days which version applies. Any agreement made under this subsection must go to the relevant congressional committees and be made public. (b) Purposes of program: This technology transfer program exists to: (1) shrink the U.S. trade deficit by exporting U.S. renewable energy technology; (2) keep and create U.S. manufacturing and related service jobs; (3) encourage exporting U.S. renewable energy technology and services to countries that need sound renewable energy facilities; (4) build markets for U.S. renewable energy technology to meet foreign countries' energy and environmental needs; (5) make sure U.S. firms and U.S.-developed technologies participate in foreign energy projects; (6) get U.S. firms and expertise established in foreign countries; (7) give federal financial help so U.S. firms can finance, own, design, build, or operate renewable energy projects abroad; (8) help foreign countries meet their energy needs using renewable energy in an environmentally sound, sustainable way; and (9) help U.S. firms — especially those competing with foreign firms — get chances to transfer technology or take on projects abroad. (c) Identification: Under the agreements from subsection (a), the Secretary, through USAID, and after consulting the interagency working group, U.S. firms, and foreign-country representatives, must develop ways to identify potential energy projects in host countries, and must produce a list of such projects within 240 days after October 24, 1992, and update it periodically. (d) Financial mechanisms: (1) Under the subsection (a) agreements, the Secretary, through USAID, must: (A) set up financial mechanisms to get more U.S. firms involved in energy projects abroad that use U.S. renewable energy technology; (B) use available financial assistance to offset help that foreign governments give to non-U.S. firms; and (C) provide financial assistance to support these projects. (2) This financial assistance can be combined with other funding, including non-U.S. funding available to a project, and can help U.S. firms build creative financing packages using other federal assistance programs. (3) U.S. obligations under the OECD's Arrangement on Guidelines for Officially Supported Export Credits apply here too. (e) Solicitations for project proposals: (1) Under the subsection (a) agreements, within 1 year after October 24, 1992, and periodically after that, the Secretary, through USAID, must ask U.S. firms for proposals to design, build, test, and run the projects identified under subsection (c) that would use U.S. renewable energy technology. Each solicitation must set a closing date for proposals. (2) As much as appropriate, these solicitations should be modeled on the Department of Energy's Clean Coal Technology IV solicitation (RFP No. DE-PS01-90FE62271). (3) Every solicitation must require that: (A) the U.S. firm submitting a proposal has an ownership stake in the project; (B) the project uses U.S. renewable energy technology and related services to meet the host country's energy and environmental needs; and (C) proposals come from, and are carried out with, a U.S. firm — though joint ventures or partnerships with non-U.S. manufacturers or other non-U.S. entities are allowed. (f) Assistance to United States firms: Under the subsection (a) agreements, the Secretary, through USAID and in consultation with the interagency working group, must set up a way to give U.S. firms financial assistance under this section for a project identified under subsection (c), even when the host country or a multilateral lending institution — not the Secretary — is running the solicitation for that project. (g) Other program requirements: Under the subsection (a) agreements, the Secretary, through USAID and in consultation with the working group, must: (1) set eligibility rules for host countries; (2) periodically review host countries' energy needs and export opportunities for U.S. firms; (3) consult host-country officials, and utility or other representatives where appropriate, to gauge interest in and support for potential projects; and (4) decide whether each selected project is "developmentally sound," using the OECD Development Assistance Committee's criteria. (h) Selection of projects: (1) Under the subsection (a) agreements, the Secretary, through USAID, must select one or more proposals under this section no later than 120 days after receiving proposals from a subsection (e) solicitation. (2) In choosing a proposal, the Secretary, through USAID, must consider: (A) whether the U.S. firm, working with the host country, can carry out and finish the project; (B) how much of the project's equipment is designed and made in the United States; (C) the long-term technical and competitive strength of the U.S. technology and services, and the firm's ability to compete for future energy projects using that technology in that country and elsewhere; (D) how much the host country is technically and financially involved; (E) how well the project serves the purposes in section 13311(b) of this title; (F) the technical, financial, management, and marketing strength of the project's participants, and their commitment to finishing a successful project that will help the U.S. technology get accepted for future use; and (G) any other appropriate criteria. (3) Among competing proposals, the Secretary must favor a project that, compared to similar projects in the host country, meets one or more of these: (A) it cuts environmental emissions by more than the law requires; (B) it makes greater use of the host country's own renewable energy resources; or (C) it's a more cost-effective technology choice, based on life-cycle capital and operating costs per unit of energy (and, where relevant, per unit of product) produced. Priority goes to projects that, in the Secretary's judgment, best meet one or more of these standards. (i) United States-Asia Environmental Partnership: Activities under this section must be coordinated with the United States-Asia Environmental Partnership. (j) Buy America: In carrying out this section, under the subsection (a) agreements, the Secretary, through USAID, must make sure: (1) at least 50 percent of the cost of any equipment supplied for a project under this section comes from equipment components manufactured in the United States; and (2) U.S. firms participate as much as possible. When figuring whether U.S. components meet or exceed 50 percent, the cost of assembling those U.S. components in the host country doesn't count as part of the U.S. component's cost. (k) Reports to Congress: The Secretary and the USAID Administrator must report annually to the Senate Committee on Energy and Natural Resources and the relevant House committees on progress introducing renewable energy technologies into foreign countries. (l) Definitions: (1) A "host country" is a foreign country that (A) is the participant in, or site of, a proposed renewable energy technology project, and (B) is either eligible under existing law or regulation for USAID development assistance, or is a developing country. (2) "Developing country" includes, but isn't limited to, countries in Central and Eastern Europe or the former Soviet Union's independent states. (m) Authorization of appropriations: Congress may provide the Secretary up to $100,000,000 each year for fiscal years 1993 through 1998 to run this program.