---
kind: "section"
citation: "42 U.S.C. § 13435"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13435"
heading: "Electric motor vehicles and associated equipment research and development"
release: "119-102"
url: "https://uscodex.org/usc/42/13435"
units:
  - "Chapter 134 — Energy Policy"
  - "Subchapter VIII — Reduction of Oil Vulnerability"
  - "Part B — Oil and Gas Demand Reduction and Substitution"
---

# §13435. Electric motor vehicles and associated equipment research and development

- (a) **General—** The [Secretary](/usc/42/13201.md) shall conduct, pursuant to the Federal Nonnuclear [Energy](/usc/42/6311.md?p=7) Research and Development Act of 1974 ([42 U.S.C. 5901–592](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s5901–592))0), a research and development [program](/usc/42/274l–1.md?p=4) on [electric motor vehicles](#k-3) and [associated equipment](#k-2). Such [program](/usc/42/274l–1.md?p=4) shall be conducted in cooperation with the electric utility industry, and automobile industry, battery [manufacturers](/usc/42/300aa–33.md?p=3), and such other [persons](/usc/42/1320a–7k.md?p=d-4-C-i) as the [Secretary](/usc/42/13201.md) considers appropriate.
- (b) **Comprehensive plan—**
  - (1) The [Secretary](/usc/42/13201.md) shall prepare a comprehensive 5-year [program](/usc/42/274l–1.md?p=4) 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)](#b-1) shall be prepared in consultation with the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection Agency, the [Secretary](/usc/42/13201.md) of Transportation, the [Secretary](/usc/42/13201.md) of [Commerce](/usc/42/6311.md?p=7), the heads of other appropriate Federal agencies, [representatives](/usc/42/3058f.md?p=5) of the electric utility industry, [electric motor vehicle](#k-3) [manufacturers](/usc/42/300aa–33.md?p=3), the [United States](/usc/42/403.md?p=k) automobile industry, and such other [persons](/usc/42/1320a–7k.md?p=d-4-C-i) as the [Secretary](/usc/42/13201.md) considers appropriate.
  - (3) The comprehensive plan shall include—
    - (A) a prioritization of research areas critical to the commercialization of [electric motor vehicles](#k-3), including [advanced battery technology](#k-1);
    - (B) the [program](/usc/42/274l–1.md?p=4) elements, management structure, and activities, including [program](/usc/42/274l–1.md?p=4) responsibilities, of Federal agencies;
    - (C) the [program](/usc/42/274l–1.md?p=4) strategies, including technical milestones to be achieved toward specific goals during each fiscal year of the comprehensive plan for all major activities and [projects](/usc/42/11360.md?p=20);
    - (D) the estimated costs of individual [program](/usc/42/274l–1.md?p=4) 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](/usc/42/13201.md) considers appropriate.
  - (4) Not later than 180 days after October 24, 1992, the [Secretary](/usc/42/13201.md) shall transmit the comprehensive plan to the Congress. Biennial updates shall be submitted to the Congress.
- (c) **Cooperative agreements—** The [Secretary](/usc/42/13201.md), consistent with the comprehensive plan under [subsection (b)](#b), may enter into cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) to conduct research and development [projects](/usc/42/11360.md?p=20) 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](#k-3) range improvement;
  - (2) light-weight structures for [electric motor vehicle](#k-3) weight reduction;
  - (3) advanced batteries with high [energy](/usc/42/6311.md?p=7) density and power density, and improved range or recharging cycles for a given [unit](/usc/42/1395w–114b.md?p=g-2) weight, for [electric motor vehicle](#k-3) 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](#k-4) application;
  - (6) fuel cells and fuel cell systems for primary [electric motor vehicle](#k-3) power sources; and
  - (7) photovoltaics for use with [electric motor vehicles](#k-3).
- (d) **Solicitation of proposals—**
  - (1) Within one year after October 24, 1992, the [Secretary](/usc/42/13201.md) shall solicit proposals for cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) for research and development under [subsection (c)](#c).
  - (2) Thereafter, the [Secretary](/usc/42/13201.md) may solicit additional proposals for cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) under [subsection (c)](#c) if, in the judgment of the [Secretary](/usc/42/13201.md), such cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) could contribute to the development of [electric motor vehicles](#k-3) and [associated equipment](#k-2).
- (e) **Cost-sharing—**
  - (1) The [Secretary](/usc/42/13201.md) shall require at least 50 percent of the costs directly and specifically related to any cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) under this section, other than a cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) under [subsection (j)](#j), to be from non-Federal sources. Such share may be in the form of cash, personnel, services, equipment, and other resources.
  - (2) The [Secretary](/usc/42/13201.md) may reduce the amount of costs required to be provided by non-Federal sources under [paragraph (1)](#e-1), if the [Secretary](/usc/42/13201.md) determines that the reduction is necessary and appropriate—
    - (A) considering the technological risks involved in the [project](/usc/42/11360.md?p=20); and
    - (B) in order to meet the objectives of this section.
- (f) **Deployment—**
  - (1) The [Secretary](/usc/42/13201.md) shall conduct a [program](/usc/42/274l–1.md?p=4) designed to accelerate deployment of [advanced battery technologies](#k-1) for use with [electric motor vehicles](#k-3).
  - (2) In carrying out the [program](/usc/42/274l–1.md?p=4) authorized by this subsection, the [Secretary](/usc/42/13201.md) shall—
    - (A) undertake an [inventory](/usc/42/4370m.md?p=14) and assessment of [advanced battery technologies](#k-1) and [electric motor vehicle](#k-3) technologies and the commercial capability of such technologies; and
    - (B) develop a Federal industry information [exchange](/usc/42/300gg–91.md?p=d-21) [program](/usc/42/274l–1.md?p=4) 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](/usc/42/13201.md), in consultation with the [Secretary](/usc/42/13201.md) of [Commerce](/usc/42/6311.md?p=7), shall issue regulations to ensure that the procurement [practices](/usc/42/17061.md?p=19) of participating [electric motor vehicle](#k-3) and [associated equipment](#k-2) [manufacturers](/usc/42/300aa–33.md?p=3) do not discriminate against the [United States](/usc/42/403.md?p=k) [manufacturers](/usc/42/300aa–33.md?p=3) of vehicle parts.
- (h) **Hold harmless—** Nothing in this section shall be construed to alter, affect, modify, or change any activities or [agreements](/usc/42/1320b–8.md?p=a-3-A) initiated prior to October 24, 1992, with domestic [motor vehicle](/usc/42/13211.md?p=13) [manufacturers](/usc/42/300aa–33.md?p=3) through joint venture or [consortium](/usc/42/16282.md?p=d-4) [agreements](/usc/42/1320b–8.md?p=a-3-A) regarding batteries for [electric motor vehicles](#k-3).
- (i) **Consultation—** The [Secretary](/usc/42/13201.md) shall consult with the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection Agency and the [Secretary](/usc/42/13201.md) of Transportation in carrying out this section.
- (j) **Fuel cells for transportation—**
  - (1) The [Secretary](/usc/42/13201.md) shall develop and implement a comprehensive [program](/usc/42/274l–1.md?p=4) of research, development, and demonstration of fuel cells and related systems for transportation applications through the establishment of one or more cooperative [programs](/usc/42/274l–1.md?p=4) 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](/usc/42/6311.md?p=7) 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](/usc/42/274l–1.md?p=4).
    - (E) The potential to take maximum practical advantage of advances made in [electric motor vehicle](#k-3) research, [stationary source](/usc/42/7412.md?p=a-3) fuel cell research, and other research activities authorized by this subchapter.
  - (3)
    - (A) Research, development, and [demonstration projects](/usc/42/16281.md?p=d-2) selected by the [Secretary](/usc/42/13201.md) 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](/usc/42/7479.md?p=2-C) equipment.
    - (B) The [Secretary](/usc/42/13201.md) shall establish [programs](/usc/42/274l–1.md?p=4) to undertake research, development, and demonstration activities for the applications listed in [clauses (i) through (viii)](#j-3-A-i..j-3-A-viii) of subparagraph (A) in each of fiscal years 1993, 1994, 1995, and 1996, based on the priorities established in [paragraph (2)](#j-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](/usc/42/19131.md?p=1) authorized and implemented pursuant to this subsection shall be in addition to any other fuel cell [programs](/usc/42/274l–1.md?p=4) 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](#k-3) and any other [associated equipment](#k-2);
  - (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](#k-3) and, in the case of [electric-hybrid vehicles](#k-4), 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](/usc/42/13211.md?p=13) 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](#k-4); 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.

## Source credit

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

## Notes

### Editorial Notes

### 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, which is classified generally to chapter 74 (§ 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, § 402(a)(1), substituted “biennially” for “annually” in second sentence.

Subsec. (b)(4). Pub. L. 105–362, § 402(a)(2), substituted “Biennial updates” for “Annual updates” in second sentence.