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U.S. Code as of:
01/19/04
Section 2703. Advanced systems program implementation by Secretary of Energy
(a) Establishment and conduct of program
The Secretary of Energy shall establish, within the Department of
Energy, a program to insure the development of advanced automobile
propulsion systems within 5 years after February 25, 1978, or
within the shortest practicable time, consistent with appropriate
research and development technique. In conducting such program, the
Secretary of Energy shall -
(1) establish and conduct new projects and accelerate existing
projects which may contribute to the development of advanced
automobile propulsion systems;
(2) give priority attention to the development of advanced
propulsion systems with appropriate attention to those advanced
propulsion systems which are flexible in the type of fuel used;
and
(3) insure that research and development under this chapter
supplements, but neither supplants nor duplicates, the automotive
research and development efforts of private industry.
(b) Contracts and grants with Federal agencies, laboratories, etc.
The Secretary of Energy shall, in fulfilling his responsibilities
under this chapter, make contracts and grants with any Federal
agency, laboratory, university, nonprofit organization, industrial
organization, public or private agency, institution, organization,
corporation, partnership, or individual for research and
development leading to advanced automobile propulsion systems which
are likely to help meet the Nation's long-term goals with respect
to fuel economy, environmental protection, and other objectives.
(c) Federal laboratories; priority for financial assistance;
functions
In providing financial assistance under this chapter, the
Secretary of Energy shall give full consideration to the
capabilities of Federal laboratories, except that not more than 60
per centum of the funds appropriated pursuant to the authorization
under section 2710 of this title shall be directly expended in
Federal laboratories. In accordance with section 2706 of this
title, such laboratories shall be available for testing components
and subsystems which, in the Secretary of Energy's judgment, is
likely to contribute to the development of advanced automobile
propulsion systems.
(d) Evaluations, testing, information dissemination, and reporting
functions
The Secretary of Energy shall conduct evaluations, arrange for
tests, and disseminate information pursuant to section 2706 of this
title and submit reports required under section 2709 of this title.
(e) Intensification of research in basic areas by Department of
Energy
The Department of Energy shall intensify research in key basic
science areas in which the lack of knowledge limits development of
advanced automobile propulsion systems.
(f) Program provisions and requirements; administrative and
judicial procedures applicable to contracts, grants, or projects;
additional information for reports and budget submissions;
nonretroactivity of provisions and requirements
(1) The Secretary of Energy shall insure that the conduct of the
program as defined in subsection (a) of this section -
(A) supplements the automotive propulsion system research and
development efforts of industry;
(B) is not formulated in a manner that will supplant private
industry research and development or displace or lessen
industry's research and development; and
(C) avoids duplication of private research and development.
(2) To that end, the Secretary of Energy shall issue
administrative regulations, within 60 days after February 25, 1978,
which shall specify procedures, standards, and criteria for the
timely review for compliance of each new contract, grant,
Department of Energy project, or other agency project funded or to
be funded under the authority of this Act. Such regulations shall
require that the Secretary of Energy or his designee shall certify
that each such contract, grant, or project satisfies the
requirement of this subsection, and shall include in such
certification a discussion of the relationship of any related or
comparable industry research and development, in terms of this
subsection, to the proposed research and development under the
authority of this Act. The discussion shall also address related
issues, such as cost sharing and patent rights.
(3) Such certifications shall be available to the Committee on
Science, Space, and Technology of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate. The
provisions of chapter 5 of title 5 shall not apply to such
certifications and no court shall have any jurisdiction to review
the preparation or adequacy of such certifications; but section 553
of title 5 and section 5916 of title 42 shall apply to public
disclosure of such certifications.
(4) The Secretary of Energy also shall include in the report
required by section 2709(a) of this title a detailed discussion of
how each research and development contract, grant, or project
funded under the authority of this Act satisfies the requirement of
this subsection.
(5) Further, the Secretary of Energy in each annual budget
submission to the Congress, or amendment thereto, for the programs
authorized by this Act shall describe how each identified research
and development effort in such submission satisfies the
requirements of this subsection.
(6) The provisions and requirements of this subsection shall not
apply with respect to any contract, grant, or project which was
entered into, made, or formally approved and initiated prior to
February 25, 1978, or with respect to any renewal or extension
thereof.
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