---
kind: "section"
citation: "42 U.S.C. § 16195"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16195"
heading: "Secondary electric vehicle battery use program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16195"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter IX — Research and Development"
  - "Part A — Energy Efficiency"
---

# §16195. Secondary electric vehicle battery use program

- (a) **Definitions—** In this section:
  - (1) **Battery—** The term “battery” means an energy storage device that previously has been used to provide motive power in a vehicle powered in whole or in part by electricity.
  - (2) **Associated equipment—** The term “associated equipment” means equipment located where the batteries will be used that is necessary to enable the use of the energy stored in the batteries.
- (b) **Program—**
  - (1) **In general—** The [Secretary](/usc/42/15801.md?p=4) shall establish and conduct a program of research, development, demonstration, and commercial application of energy technology for the secondary use of batteries, if the [Secretary](/usc/42/15801.md?p=4) finds that there are sufficient numbers of batteries to support the program.
  - (2) **Administration—** The program shall be—
    - (A) designed to demonstrate the use of batteries in secondary applications, including utility and commercial power storage and power quality;
    - (B) structured to evaluate the performance, including useful service life and costs, of such batteries in field operations, and the necessary supporting infrastructure, including reuse and [disposal](/usc/42/2021b.md?p=7) of batteries; and
    - (C) coordinated with ongoing secondary battery use programs at the [National Laboratories](/usc/42/15801.md?p=3) and in industry.
- (c) **Solicitation—**
  - (1) **In general—** Not later than 180 days after August 8, 2005, the [Secretary](/usc/42/15801.md?p=4) shall solicit proposals to demonstrate the secondary use of batteries and associated equipment and supporting infrastructure in geographic locations throughout the United States.
  - (2) **Additional solicitations—** The [Secretary](/usc/42/15801.md?p=4) may make additional solicitations for proposals if the [Secretary](/usc/42/15801.md?p=4) determines that the solicitations are necessary to carry out this section.
- (d) **Selection of proposals—**
  - (1) **In general—** Not later than 90 days after the closing date established by the [Secretary](/usc/42/15801.md?p=4) for receipt of proposals under [subsection (c)](#c), the [Secretary](/usc/42/15801.md?p=4) shall select up to five proposals that may receive financial assistance under this section once the [Department](/usc/42/15801.md?p=1) receives appropriated funds to carry out this section.
  - (2) **Factors—** In selecting proposals, the [Secretary](/usc/42/15801.md?p=4) shall consider—
    - (A) the diversity of battery type;
    - (B) geographic and climatic diversity; and
    - (C) [life-cycle](/usc/42/17061.md?p=14) environmental effects of the approaches.
  - (3) **Limitation—** No one [project](/usc/42/16371.md?p=12) selected under this section shall receive more than 25 percent of the funds made available to carry out the program under this section.
  - (4) **Non-Federal involvement—** In selecting proposals, the [Secretary](/usc/42/15801.md?p=4) shall consider the extent of involvement of [State](/usc/42/15951.md?p=b-2) or local government and other [persons](/usc/42/16451.md?p=12) in each demonstration [project](/usc/42/16371.md?p=12) to optimize use of Federal resources.
  - (5) **Other criteria—** In selecting proposals, the [Secretary](/usc/42/15801.md?p=4) may consider such other criteria as the [Secretary](/usc/42/15801.md?p=4) considers appropriate.
- (e) **Conditions—** In carrying out this section, the [Secretary](/usc/42/15801.md?p=4) shall require that—
  - (1) relevant information be provided to—
    - (A) the [Department](/usc/42/15801.md?p=1);
    - (B) the users of the batteries;
    - (C) the proposers of a [project](/usc/42/16371.md?p=12) under this section; and
    - (D) the battery manufacturers; and
  - (2) the costs of carrying out [projects](/usc/42/16371.md?p=12) and activities under this section are shared in accordance with [section 16352 of this title](/usc/42/16352.md).

## Source credit

(Pub. L. 109–58, title IX, § 915, Aug. 8, 2005, 119 Stat. 861.)