15 U.S.C. § 2703 — Advanced systems program implementa-

Page 1942 TITLE 15—COMMERCE AND TRADE § 2702 (2) advanced alternatives to existing auto- mobile propulsion systems could, with suffi- cient research and development effort, meet these long-term goals, and have the potential to be mass produced at reasonable cost; and advanced automobile propulsion systems could operate with significantly less adverse envi- ronmental impact and fuel consumption than existing automobiles, while meeting all of the other requirements of Federal law; (3) insufficient resources are being devoted to both research on and development of ad- vanced automobile propulsion system tech- nology; (4) an expanded research and development ef- fort with respect to advance automobile pro- pulsion system technology would complement and stimulate corresponding efforts by the pri- vate sector and would encourage automobile manufacturers to consider seriously the incor- poration of such advanced technology into automobiles and automobile components; and (5) the Nation’s energy and environmental problems are urgent, and therefore advanced automobile propulsion system technology should be developed, tested, demonstrated, and prepared for manufacture within the shortest practicable time. (b) It is therefore the purpose of the Congress, in this chapter to— (1)(A) direct the Department of Energy to make contracts and grants for research and development leading to the development of ad- vanced automobile propulsion systems within 5 years of February 25, 1978, or within the shortest practicable time consistent with ap- propriate research and development tech- niques, and (B) evaluate and disseminate in- formation with respect to advanced auto- mobile propulsion system technology; (2) preserve, enhance, and facilitate competi- tion in research, development, and production with respect to existing and alternative auto- mobile propulsion systems; and (3) supplement, but neither supplant nor du- plicate, the automotive propulsion system re- search and development efforts of private in- dustry. (Pub. L. 95–238, title III, § 302, Feb. 25, 1978, 92 Stat. 78.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 95–238, title III, § 301, Feb. 25, 1978, 92 Stat. 78, provided that: ‘‘This title [enacting this chapter and amending section 2451 of Title 42, The Public Health and Welfare] may be cited as the ‘Automotive Propul- sion Research and Development Act of 1978’.’’ § 2702. Definitions As used in this chapter, the term— (1) ‘‘advanced automobile propulsion sys- tem’’ means an energy conversion system, in- cluding engine and drive train, which utilizes advanced technology and is suitable for use in an advanced automobile; (2) ‘‘developer’’ means any person engaged in whole or in part in research or other efforts di- rected toward the development of advanced automobile technology; (3) ‘‘fuel’’ means any energy source capable of propelling an automobile; (4) ‘‘fuel economy’’ refers to the average dis- tance traveled in representative driving condi- tions by an automobile per unit of fuel con- sumed, as determined by the Administrator of the Environmental Protection Agency in ac- cordance with test procedures which shall be established by rule and shall require that fuel economy tests be conducted in conjunction with the exhaust emissions tests mandated by section 7525 of title 42; (5) ‘‘intermodal adaptability’’ refers to any characteristics of an automobile which enable it to be operated or carried, or which facilitate its operation or carriage, by or on an alter- native mode or other system of transpor- tation; (6) ‘‘reliability’’ refers to (A) the average time and distance over which normal auto- mobile operation can be expected without sig- nificant repair or replacement of parts, and (B) the ease of diagnosis and repair of an auto- mobile, its systems, and parts in the event of failure during use or damage from an accident; (7) ‘‘safety’’ refers to the performance of an automobile propulsion system or equipment in such a manner that the public is protected against unreasonable risk of accident and against unreasonable risk of death or bodily injury in case of accident; (8) ‘‘State’’ means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States. (Pub. L. 95–238, title III, § 303, Feb. 25, 1978, 92 Stat. 79.) Editorial Notes REFERENCES IN TEXT Section 7525 of title 42, referred to in par. (4), was in the original ‘‘section 206 of the Clean Air Act (42 U.S.C. 1857f–5)’’, meaning act July 14, 1955, ch. 360, § 206, as added Dec. 31, 1970, Pub. L. 91–604, § 8(a), 84 Stat. 1694, which was formerly classified to section 1857f–5 of Title 42, The Public Health and Welfare, and which is classi- fied to section 7525 of Title 42 pursuant to the general revision of the Clean Air Act by Pub. L. 95–95, Aug. 7, 1977, 91 Stat. 685. § 2703. Advanced systems program implementa- tion by Secretary of Energy (a) Establishment and conduct of program The Secretary of Energy shall establish, with- in the Department of Energy, a program to in- sure the development of advanced automobile propulsion systems within 5 years after Feb- ruary 25, 1978, or within the shortest practicable time, consistent with appropriate research and development technique. In conducting such pro- gram, the Secretary of Energy shall— (1) establish and conduct new projects and accelerate existing projects which may con- tribute to the development of advanced auto- mobile propulsion systems; (2) give priority attention to the develop- ment of advanced propulsion systems with ap- propriate attention to those advanced propul- sion systems which are flexible in the type of fuel used; and Page 1943 TITLE 15—COMMERCE AND TRADE § 2704 (3) insure that research and development under this chapter supplements, but neither supplants nor duplicates, the automotive re- search and development efforts of private in- dustry. (b) Contracts and grants with Federal agencies, laboratories, etc. The Secretary of Energy shall, in fulfilling his responsibilities under this chapter, make con- tracts and grants with any Federal agency, lab- oratory, university, nonprofit organization, in- dustrial organization, public or private agency, institution, organization, corporation, partner- ship, or individual for research and development leading to advanced automobile propulsion sys- tems 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 as- sistance; functions In providing financial assistance under this chapter, the Secretary of Energy shall give full consideration to the capabilities of Federal lab- oratories, except that not more than 60 per cen- tum of the funds appropriated pursuant to the authorization under section 2710 of this title shall be directly expended in Federal labora- tories. 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 auto- mobile propulsion systems. (d) Evaluations, testing, information dissemina- tion, and reporting functions The Secretary of Energy shall conduct evalua- tions, arrange for tests, and disseminate infor- mation 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 re- search in key basic science areas in which the lack of knowledge limits development of ad- vanced automobile propulsion systems. (f) Program provisions and requirements; admin- istrative and judicial procedures applicable to contracts, grants, or projects; additional information for reports and budget submis- sions; nonretroactivity of provisions and re- quirements (1) The Secretary of Energy shall insure that the conduct of the program as defined in sub- section (a) of this section— (A) supplements the automotive propulsion system research and development efforts of in- dustry; (B) is not formulated in a manner that will supplant private industry research and devel- opment or displace or lessen industry’s re- search 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 pro- cedures, 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 re- quire that the Secretary of Energy or his des- ignee shall certify that each such contract, grant, or project satisfies the requirement of this subsection, and shall include in such certifi- cation a discussion of the relationship of any re- lated or comparable industry research and de- velopment, 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 Com- mittee 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 cer- tifications. (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 author- ized by this Act shall describe how each identi- fied 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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (f), is Pub. L. 95–238, Feb. 25, 1978, 92 Stat. 47, known as the Department of Energy Act of 1978—Civilian Applications. For com- plete classification of this Act to the Code, see Tables. AMENDMENTS 1994—Subsec. (f)(3). Pub. L. 103–437 substituted ‘‘Com- mittee on Science, Space, and Technology’’ for ‘‘Com- mittee on Science and Technology’’. § 2704. Evaluation by Secretary of Transpor- tation on utilization of advanced technology by automobile industry The Secretary of Transportation, in further- ance of the purposes of this chapter, shall evalu- ate the extent to which the automobile industry utilizes advanced automotive technology which is or could be made available to it.