Laws: Cases and Codes : U.S. Code : Title 15 : Section 2703


   
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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