changes in procedures which will protect such person from any competitive damage. (b) If the President determines that the transmittal of data or information pursuant to the authority of this section would prejudice competition, violate the antitrust laws, or by inconsistent with United States national security interests, he may require that such data or information not be transmitted. (c) Information and data the confidentiality of which is protected by statute shall not be provided by the Secretary 16 to the Secretary of State under subsection (a) of this section for transmittal to the International Energy Agency, unless the Secretary 16 has obtained the specific concurrence of the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data. In making a determination to concur in providing such information and data, the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data shall consider the purposes for which such information and data were collected, gathered, and obtained, the confidentiality provisions of such statutory authority, and the international obligations of the United States under the international energy program with respect to the transmittal of such information and data to an international organization or foreign country. (d) For the purposes of carrying out the obligations of the United States under this international energy program, the authority to collect data granted by sections 11 and 13 of the Energy Supply and Environmental Coordination Act and the Federal Energy Administration Act of 1974 respectfully, shall continue in full force and effect without regard to the provisions of such Acts relating to their expiration. (e) The authority under this section to transmit information shall be subject to any limitations on disclosure contained in other laws, except that such authority may be exercised without regard to (1) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974; (2) section 14(b) of the Federal Energy Administration Act of 1974; (3) section 12 of the Export Administration Act of 1979;27 (5) section 1 of the Act of January 27, 1938 (15 U.S.C. 176(a)); and (6) section 1905 of title 18, United States Code. RELATIONSHIP OF THIS TITLE TO THE INTERNATIONAL ENERGY AGREEMENT SEC. 255.28 The purpose of the Congress in enacting this title is to provide standby energy emergency authority to deal with energy shortage conditions and to minimize economic dislocations and adverse impacts on employment. While the authorities contained in 27 Amended by sec. 22(b) of Public Law 96-72 (93 Stat. 535); this was formerly a reference to sec. 7 of the Export Administration Act of 1969. For text, see Legislation on Foreign Relations Through 1994, vol. III. 28 42 U.S.C. 6275. this title may, to the extent authorized by this title, be used to carry out obligations incurred by the United States in connection with the International Energy Program, this title shall not be construed in any way as advice and consent, ratification, endorsement, or other form of congressional approval of the specific terms of such program. DOMESTIC RENEWABLE ENERGY INDUSTRY AND RELATED SERVICE INDUSTRIES SEC. 256.29 (a) It is the purpose of this section to implement the responsibilities of the United States under chapter VII of the international energy program with respect to development of alternative energy by facilitating the overall abilities of the domestic renewable energy industry and related service industries to create new markets. (b)(1) Before the later of (A) 6 months after the date of the enactment of this section, and (B) May 31, 1985, the Secretary of Commerce shall conduct an evaluation regarding the domestic renewable energy industry and related service industries and submit a report of his findings to the Congress. (2) Such evaluation shall include (A) an assessment of the technical and commercial status of the domestic renewable energy industry and related service industries in domestic and foreign markets; (B) an assessment of the Federal Government's activities affecting commerce in the domestic renewable energy industry and related service industries and in consolidating and coordinating such activities within the Federal Government; and (C) an assessment of the aspects of the domestic renewable energy industry and related service industries in which improvements must be made to increase the international commercialization of such industry. (c)(1) On the basis of the evaluation under subsection (b), the Secretary of Commerce shall, consistent with existing law, establish a program for enhancing commerce in renewable energy technologies and consolidating or coordinating existing activities for such purpose. (2) Such program shall provide for (A) the broadening of the participation by the domestic renewable energy industry and related service industries in such activities; (B) the promotion of the domestic renewable energy industry and related service industries on a worldwide basis; (C) the participation by the Federal Government and the domestic renewable energy industry and related service industries in international standard-setting activities; and (D) the establishment of an information program under which (i) technical information about the domestic renewable energy industry and related service industries shall be pro 29 42 U.S.C. 6276. Sec. 2 of Public Law 98-370 (98 Stat. 1211) added sec. 256. vided to appropriate public and private officials enga commerce, and to potential end users, including other dustry sectors in foreign countries such as health a rural development, communications, and refrigeration: others, 30 and (ii) marketing information about export and exper nancing opportunities 31 shall be available to the de renewable energy industry and related service indus”(3) Necessary funds required for carrying out such program 5. be requested in connection with fiscal years beginning after S tember 30, 1984. (d) 32 INTERAGENCY WORKING GROUP. (1)33 ESTABLISHMENT.-(A) There shall be established. interagency working group that, in consultation with the resentative industry groups and relevant agency heads, s make recommendations to coordinate the actions and progre of the Federal Government affecting exports of renewable E ergy and energy efficiency products and services. The agency working group shall establish a program to inform :: eign countries of the benefits of policies that would increase e ergy efficiency or would allow facilities that use renewable € ergy to compete effectively with producers of energy fr nonrenewable sources. (B) There shall be established an Interagency Working S group on Renewable Energy and an Interagency Working St group on Energy Efficiency that shall, in consultation with re resentative industry groups, nonprofit organizations, and re evant Federal agencies, make recommendations to coordina the actions and programs of the Federal Government to pr mote the export of domestic renewable energy and energy ciency products and services, respectively. (C) The Secretary of Energy, or the Secretary's designe shall chair the interagency working group and each subgrou established under this paragraph. The Administrator of th Agency for International Development and the Secretary of Commerce, or their designees, shall be members of bott subgroups established under this paragraph. The Secretary shall provide staff for carrying out the functions of the inter agency working group and each subgroup established under this paragraph. The heads of appropriate agencies may deta such personnel and may furnish such services to such group 30 Sec. 7(a)(1) of Public Law 101-218 (103 Stat. 1867) inserted "and to potential end use including other industry sectors in foreign countries such as health care, rural development communications, and refrigeration, and others,". 31 Sec. 7(aX2) of Public Law 101-218 (103 Stat. 1867) struck out "export opportunities" and inserted in licu thereof "export and export financing opportunities". 32 Subsec. (d) was amended and restated by sec. 1207(a) of Public Law 102-486 (106 Stat 2962). It formerly read as follows: "(d) There shall be established an interagency working group which, in consultation with the representative industry groups and relevant agency heads, shall make recommendations ordinate the actions and programs of the Federal Government affecting commerce in renewable energy products and related services. The Secretary of Energy shall be the chairman of such group. The heads of appropriate agencies may detail such personnel and may furnish such serv ices to such working group, with or without reimbursement, as may be necessary to carry out its functions.". 33 See also secs. 1209-1211 of the Energy Policy Act (Public Law 102-486; 106 Stat. 2964 and subgroups, with or without reimbursement, as may be necessary to carry out their functions. (2) DUTIES OF THE INTERAGENCY WORKING SUBGROUPS.—(A) The interagency working subgroups established under paragraph (1)(B), through the member agencies of the interagency working group, shall promote the development and application in foreign countries of renewable energy and energy efficiency products and services, respectively, that (i) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, smallscale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and (ii) use hybrid fossil-renewable energy systems. (B) In addition, the interagency working subgroups shall explore mechanisms for assisting domestic firms, particularly small businesses, with the export of their renewable energy and energy efficiency products and services and with the identification of potential projects. (3) TRAINING AND ASSISTANCE.-The interagency working subgroups shall encourage the member agencies of the interagency working group to— (A) provide technical training and education for international development personnel and local users in their own country; (B) provide financial and technical assistance to nonprofit institutions that support the marketing and export efforts of domestic companies that provide renewable energy and energy efficiency products and services; (C) develop environmentally sustainable renewable energy and energy efficiency projects in foreign countries; (D) provide technical assistance and training materials to loan officers of the World Bank, international lending institutions, commercial and energy attaches at embassies of the United States and other appropriate personnel in order to provide information about renewable energy and energy efficiency products and services to foreign governments or other potential project sponsors; (E) support, through financial incentives, private sector efforts to commercialize and export renewable energy and energy efficiency products and services; and (F) augment budgets for trade and development programs in order to support pre-feasibility or feasibility studies for projects that utilize renewable energy and energy efficiency products and services. (4)34 The interagency working group shall conduct a study of subsidies, incentives, and policies that foreign countries use to promote exports of their own renewable energy and energy efficiency technologies and products. Such study shall also identify foreign trade barriers to the import of renewable energy and energy efficiency technologies and products produced in the United States. The interagency working group shall report to the appropriate committees of the House of RepresentaSec. 1208 of Public Law 102-486 (106 Stat. 2964) ~11ed par. (4). tives and the Senate the results of such study within 2 months after the date of the enactment of the Energy Policy Act of 1992. (e) 35 The interagency working group established under section (d) of this section shall annually report to Congress, scribing the actions of each agency represented by a member of th working group taken during the previous fiscal year to achieve purposes of such working group and of this section. Such repor shall describe the exports of renewable energy technology that ha occurred as a result of such agency actions. (f) 35 (1) The interagency working group shall (A) establish, in consultation with representatives of affecte industries, a plan to increase United States exports of renew able energy and energy efficiency 36 technologies, and incluz in such plan recommended guidelines for agencies that are reş resented on the working group with respect to the financing a or other actions they can take within their programs to pro mote, exports of such renewable energy and energy efficiency technologies; (B) develop, in consultation with representatives of affected industries, recommended administrative guidelines for Federa export loan programs to simplify application by firms seeking export assistance for renewable energy and energy efficiency* technologies from agencies implementing such programs; and (C) recommend specific renewable energy and energy effi ciency 36 technology markets for primary emphasis by Federa export loan programs, development programs, and private sector assistance programs. (2) The interagency working group shall include a description of the plan established under paragraph (1)(A) in no later than the second report submitted under subsection (e) of this section, and shall include in subsequent reports a description of any modifica tions to such plan and of the progress in implementing the plan.3 (h) 38 AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated to the Secretary for purposes of carrying out the programs under subsections (d) and (e) $10,000,000, to be divided equitably between the interagency working subgroups based on program requirements, for each of the fiscal years 1993 and 1994, and such sums as may be necessary for fiscal year 1995 to carry out the purposes of this subtitle. 35 Sec. 7(c) of Public Law 101-218 (103 Stat. 1867) added subsecs. (e) to (h). 36 Sec. 1207(b) of Public Law 102-486 (106 Stat. 2963) inserted "and energy efficiency" after "renewable energy" each time it appears in subsec. (f). 37 Sec. 1207(c) of Public Law 102-486 (106 Stat. 2963) repealed subsec. (g), which had defined "renewable energy" as including "energy efficiency to the extent it is a part of a renewable en ergy system or technology.". 38 Sec. 1207(d) of Public Law 102-486 (106 Stat. 2963) amended and restated subsec. (h). It formerly read as follows: "There are authorized to be appropriated to the Secretary for activities of the interagency working group established under subsection (d) of this section not to exceed— "(1) $3,000,000 for fiscal year 1991; "(2) $3,300,000 for fiscal year 1992; and "(3) $3,600,000 for fiscal year 1993." |