U.S Code last checked for updates: May 03, 2024
§ 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.
(c)
Federal laboratories; priority for financial assistance; functions
(d)
Evaluations, testing, information dissemination, and reporting functions
(e)
Intensification of research in basic areas by Department of Energy
(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.
(Pub. L. 95–238, title III, § 304, Feb. 25, 1978, 92 Stat. 79; Pub. L. 103–437, § 5(b)(4), Nov. 2, 1994, 108 Stat. 4582.)
cite as: 15 USC 2703