Title 42, The Public Health and WelfareRelease 119-110
§13362 Innovative Clean Coal Technology Transfer Program
Title 42 › CHAPTER 134 — ENERGY POLICY › SUBCHAPTER VI — COAL › Part C — Other Coal Provisions › § 13362
Summary
Create a program to help U.S. clean coal technologies get used in other countries. The Secretary must run the program using the Agency for International Development (USAID) and work with a CCT Subgroup. Within 150 days after October 24, 1992, the Secretary and USAID’s Administrator must sign a written agreement that sets how they will work together and how to settle disputes. If a country is not covered by USAID, the Secretary may work with other U.S. agencies. If the agencies cannot agree, each sends a memo to the President, who must pick one version within 90 days. The agreement must be sent to Congress and made public. The program’s goals include exporting U.S. energy technology to reduce the trade deficit, keep and create U.S. jobs, open markets for U.S. firms and coal, speed use of cleaner coal technologies abroad, help foreign countries meet energy needs in an environmentally acceptable way, and provide federal financial help so U.S. firms can compete for projects. Under the agreement, the Secretary and USAID must list possible host-country projects within 240 days after October 24, 1992, and update the list sometimes after that. The program must create financial tools to boost U.S. firm participation, counter foreign government support for non‑U.S. firms, pay incremental costs to reduce emissions, and cover cost differences between conventional and cleaner projects; these funds may be combined with other public or private money and must follow OECD export‑credit rules. Within one year after October 24, 1992, and later as needed, USAID must ask U.S. firms to propose designs and bids for the listed projects. Proposals must include a U.S. firm with equity, use U.S. clean coal technology (joint ventures with foreign partners are allowed), and meet eligibility and development standards. Selections must be made within 120 days of receiving bids and will consider technical ability, U.S. content and manufacture, host‑country involvement, long‑term viability, and whether the project cuts emissions beyond legal requirements, raises coal efficiency, or is more cost‑effective over its life. The program must coordinate with the U.S.–Asia Environmental Partnership, require at least 50% of equipment cost to be U.S. manufactured components, report yearly to Congress, define eligible “host countries” as those eligible for USAID or developing/transition economies, and has $100,000,000 authorized for each fiscal year 1993 through 1998.
Full Legal Text
Title 42, §13362
The Public Health and Welfare, Source: USLM XML via OLRC
(a)Establishment of program
The Secretary, through the Agency for International Development, and in consultation with the other members of the CCT Subgroup, shall establish a clean coal technology transfer program to carry out the purposes described in subsection (b). 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 United States 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.
(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 coal resources;
(4)develop markets for United States technologies and, where appropriate, United States coal resources to be utilized in meeting 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 that have been developed or demonstrated in the United States through publicly or privately funded demonstration programs;
(6)provide for the accelerated deployment of United States technologies that will serve to introduce into foreign countries United States technologies intended to use coal resources in a more efficient, cost-effective, and environmentally acceptable manner;
(7)serve to ensure the introduction of United States firms and expertise in foreign countries;
(8)provide financial assistance by the Federal Government to foster greater participation by United States firms in the financing, ownership, design, construction, or operation of clean coal technology projects in foreign countries;
(9)assist foreign countries in meeting their energy needs through the use of coal in an environmentally acceptable manner, consistent with sustainable development policies; and
(10)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), the Secretary, through the Agency for International Development, and after consultation with the CCT Subgroup, United States firms, and representatives from foreign countries, shall develop mechanisms to identify potential energy projects in host countries, 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), 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 utilizing United States clean coal technologies, and services related thereto, in developing countries and countries making the transition from nonmarket to market economies;
(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, including—
(i)financing the incremental costs of a clean coal technology project attributable only to expenditures to prevent or abate emissions;
(ii)providing the difference between the costs of a conventional energy project in the host country and a comparable project that would utilize a clean coal technology capable of achieving greater efficiency of energy products and improved environmental emissions compared to such conventional project; and
(iii)such other forms of financial assistance as the Secretary, through the Agency for International Development, considers appropriate.
(2)The financial assistance authorized by this section may be—
(A)provided in combination with other forms of financial assistance, including non-United States funding that is available to the project; and
(B)utilized to assist United States firms to develop innovative financing packages for clean coal technology projects that seek to utilize other 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), 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) which propose to utilize a United States technology. 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 clean coal technology, including services related thereto, and, where appropriate, United States coal resources, 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), the Secretary, through the Agency for International Development, and in consultation with the CCT Subgroup, shall establish a procedure to provide financial assistance to United States firms under this section for a project identified under subsection (c) 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), the Secretary, through the Agency for International Development, and in consultation with the CCT Subgroup, 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)Selection of projects
(1)Pursuant to the agreements under subsection (a), 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), 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 goals and objectives stated in section 13331(a) of this title;
(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 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 1 or more of the following criteria:
(A)It will reduce environmental emissions to an extent greater than required by applicable provisions of law.
(B)It will increase the overall efficiency of the utilization of coal, including energy conversion efficiency and, where applicable, production of products derived from coal.
(C)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.
Priority in selection shall be given to those projects which, in the judgment of the Secretary, best meet one or more of these criteria.
(i)United States-Asia Environmental Partnership
Activities carried out under this section shall be coordinated with the United States-Asia Environmental Partnership.
(j)Buy America
In carrying out this section, the Secretary, through the Agency for International Development, and pursuant to the agreements under subsection (a), 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.
(k)Reports 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 clean coal technologies into foreign countries.
(l)“Host country” defined
For purposes of this section, the term “host country” means a foreign country which is—
(1)the participant in or the site of the proposed clean coal technology project; and
(2)either—
(A)classified as a country eligible to participate in development assistance programs of the Agency for International Development pursuant to applicable law or regulation; or
(B)a developing country or country with an economy in transition from a nonmarket to a market economy.
(m)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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 13362
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110