15 U.S.C. § 2703 — Advanced systems program implementation by Secretary of Energy

(a) Establishment and conduct of program. The Secretary of Energy must establish a Department of Energy program to ensure the development of advanced automobile propulsion systems within 5 years after February 25, 1978, or in the shortest practicable time consistent with appropriate research and development methods. In conducting the program, the Secretary must (1) establish and conduct new projects and speed up existing projects that may help develop advanced automobile propulsion systems; (2) give priority attention to developing advanced propulsion systems, including appropriate attention to systems that can use different types of fuel; and (3) ensure that research and development under this chapter supplements, but does not replace or duplicate, private industry's automotive research and development. (b) Contracts and grants with Federal agencies, laboratories, etc. To carry out these responsibilities, the Secretary must 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 that are likely to help meet the Nation's long-term goals for fuel economy, environmental protection, and other objectives. (c) Federal laboratories; priority for financial assistance; functions. When providing financial assistance under this chapter, the Secretary must give full consideration to the capabilities of Federal laboratories. However, no more than 60 percent of the money appropriated under the authorization in section 2710 of this title may be spent directly in Federal laboratories. Under section 2706 of this title, those laboratories must be available to test components and subsystems that, in the Secretary's judgment, are likely to help develop advanced automobile propulsion systems. (d) Evaluations, testing, information dissemination, and reporting functions. The Secretary must conduct evaluations, arrange tests, and distribute information under section 2706 of this title, and must submit the reports required under section 2709 of this title. (e) Intensification of research in basic areas by Department of Energy. The Department of Energy must intensify research in key basic-science areas where 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 must ensure that the program described in subsection (a) (A) supplements industry's automotive propulsion-system research and development, (B) is not designed to replace private-industry research and development or displace or reduce industry's research and development, and (C) avoids duplicating private research and development. (2) To do this, within 60 days after February 25, 1978, the Secretary must issue administrative regulations specifying procedures, standards, and criteria for timely compliance reviews of each new contract, grant, Department of Energy project, or other agency project funded or to be funded under this Act. The regulations must require the Secretary or the Secretary's designee to certify that each contract, grant, or project meets this subsection's requirements. The certification must discuss how related or comparable industry research and development relates, for purposes of this subsection, to the proposed research and development under this Act. It must also address related issues such as cost sharing and patent rights. (3) These certifications must 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. Chapter 5 of title 5 does not apply to these certifications, and no court has jurisdiction to review how they were prepared or whether they are adequate. However, section 553 of title 5 and section 5916 of title 42 apply to public disclosure of these certifications. (4) In the report required by section 2709(a) of this title, the Secretary must include a detailed discussion of how each research and development contract, grant, or project funded under this Act meets this subsection's requirements. (5) In each annual budget submission to Congress, or amendment to one, for programs authorized by this Act, the Secretary must describe how each research and development effort identified in the submission meets this subsection's requirements. (6) This subsection's provisions and requirements do not apply to a contract, grant, or project that was entered into, made, or formally approved and started before February 25, 1978, or to a renewal or extension of one of those contracts, grants, or projects.