-CITE-

15 USC CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH,

DEVELOPMENT, AND DEMONSTRATION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

.

-HEAD-

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-MISC1-

Sec.

2501. Congressional findings and policy.

2502. Definitions.

2503. Duties of Secretary of Energy.

(a) Establishment of project.

(b) Management of project; arrangements with

competent agencies.

(c) Promotion of research and development;

demonstration projects; consumer needs;

resulting changes.

2504. Coordination between Secretary of Energy and other agencies.

(a) Consultation with Secretary of Transportation.

(b) Assistance from other agencies.

2505. Research and development.

2506. Demonstrations.

(a) Data development; baseline data; acquisition of

vehicles.

(b) Performance standards; factors considered;

vehicle uses; revision; transmission of

standards to Congress.

(c) Contracts for vehicle purchase or lease; delivery

requirements; demonstration criteria and

duration; availability of information for

leasing and procurements.

(d) Arrangements for the demonstration of vehicles.

(e) Displacement of private procurement; reports to

congressional committees; reduction of number

purchased.

2507. Contracts.

(a) Research, development, and demonstration.

(b) Consultation.

(c) Rules of Secretary of Energy; funding

applications; required advertising.

(d) Purchase or lease of demonstration vehicles

pursuant to agreements and utilization of

Federal forms of assistance and participation

authorized under other statutory provisions.

(e) Cost-sharing and use of American materials for

demonstrations.

2508. Encouragement and protection of small business.

(a) Opportunity to participate.

(b) Reservation of funds.

(c) Contract terms and conditions; planning grants.

2509. Loan guarantees.

(a) Congressional policy.

(b) Encouragement of commercial production; purpose

of loans.

(c) Maximum amount of loan guarantee.

(d) Terms and conditions of guarantee.

(e) Maximum guarantee per loan; maximum of aggregate

guarantees; Electric and Hybrid Vehicle

Development Fund; establishment, funding, etc.

(f) Qualified borrower.

(g) Payment of principal and interest; default;

recovery of losses.

(h) Seven year limitation.

(i) Citizenship of applicant; corporations; waiver.

(j) Pledge of full faith and credit of United States.

2510. Use of electric and hybrid vehicles by Federal agencies.

2511. Patents.

2512. Studies.

(a) Bias of surface transportation systems;

submission of report.

(b) Material demand and pollution effect; impact

statement.

(c) Incentives to encourage utilization; inclusion of

electric vehicles in calculation of average

fuel economy; evaluation program; annual

report; final report and recommendations to

Congress on January 1, 1987.

(d) Safety standards and regulations.

(e) Regenerative braking systems.

2513. Repealed.

2514. Authorization for appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 7153a.

-CITE-

15 USC Sec. 2501 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2501. Congressional findings and policy

-STATUTE-

(a) The Congress finds and declares that -

(1) the Nation's dependence on foreign sources of petroleum

must be reduced, as such dependence jeopardizes national

security, inhibits foreign policy, and undermines economic

well-being;

(2) the Nation's balance of payments is threatened by the need

to import oil for the production of liquid fuel for

gasoline-powered vehicles;

(3) the single largest use of petroleum supplies is in the

field of transportation, for gasoline- and diesel-powered motor

vehicles;

(4) the expeditious introduction of electric and hybrid

vehicles into the Nation's transportation fleet would

substantially reduce such use and dependence;

(5) such introduction is practicable and would be advantageous

because -

(A) most urban driving consists of short trips, which are

within the capability of electric and hybrid vehicles;

(B) much rural and agricultural driving of automobiles,

tractors, and trucks is within the capability of such vehicles;

(C) electric and hybrid vehicles are more reliable and

practical now than in the past because propulsion, control, and

battery technologies have improved, and further significant

improvements in such technologies are possible in the near

term;

(D) electric and hybrid vehicles use little or no energy when

stopped in traffic, in contrast to conventional automobiles and

trucks;

(E) the power requirements of such vehicles could be

satisfied by charging them during off-peak periods when

existing electric generating plants are underutilized, thereby

permitting more efficient use of existing generating capacity;

(F) such vehicles do not emit any significant pollutants or

noise; and

(G) it is environmentally desirable for transportation

systems to be powered from central sources, because pollutants

emitted from stationary sources (such as electric generating

plants) are potentially easier to control than pollutants

emitted from moving vehicles; and

(6) the introduction of electric and hybrid vehicles would be

facilitated by the establishment of a Federal program of

research, development, and demonstration to explore electric and

hybrid vehicle technologies.

(b) It is therefore declared to be the policy of the Congress in

this chapter to -

(1) encourage and support accelerated research into, and

development of, electric and hybrid vehicle technologies;

(2) demonstrate the economic and technological practicability

of electric and hybrid vehicles for personal and commercial use

in urban areas and for agricultural and personal use in rural

areas;

(3) facilitate, and remove barriers to, the use of electric and

hybrid vehicles in lieu of gasoline- and diesel-powered motor

vehicles, where practicable; and

(4) promote the substitution of electric and hybrid vehicles

for many gasoline- and diesel-powered vehicles currently used in

routine short-haul, low-load applications, where such

substitution would be beneficial.

-SOURCE-

(Pub. L. 94-413, Sec. 2, Sept. 17, 1976, 90 Stat. 1260.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 94-413 provided: ''That this Act (enacting

this chapter and amending sections 2451 and 2473 of Title 42, The

Public Health and Welfare) may be cited as the 'Electric and Hybrid

Vehicle Research, Development, and Demonstration Act of 1976'.''

-CITE-

15 USC Sec. 2502 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2502. Definitions

-STATUTE-

As used in this chapter, the term -

(1) Omitted

(2) ''advanced electric or hybrid vehicle'' means a vehicle

which -

(A) minimizes the total amount of energy to be consumed with

respect to its fabrication, operation, and disposal, and

represents a substantial improvement over existing electric and

hybrid vehicles with respect to the total amount of energy so

consumed;

(B) is capable of being mass-produced and operated at a cost

and in a manner which is sufficiently competitive to enable it

to be produced and sold in numbers representing a reasonable

portion of the market;

(C) is safe, damage-resistant, easy to repair, durable, and

operates with sufficient performance with respect to

acceleration, cold-weather starting, cruising speed, and other

performance factors; and

(D) at a minimum, can be produced, distributed, operated, and

disposed of in compliance with any applicable requirement of

Federal law;

(3) ''commercial electric or hybrid vehicle'' includes any

electric or hybrid vehicle which can be used (A) for business or

agricultural production purposes on farms (e.g. tractors and

trucks) or in rural areas, or (B) for commercial purposes in

urban areas;

(4) ''electric vehicle'' means a vehicle which is powered by an

electric motor drawing current from rechargeable storage

batteries, fuel cells, or other portable sources of electrical

current, and which may include a nonelectrical source of power

designed to charge batteries and components thereof;

(5) ''hybrid vehicle'' means a vehicle propelled by a

combination of an electric motor and an internal combustion

engine or other power source and components thereof;

(6) ''project'' means the Electric and Hybrid Vehicle Research,

Development, and Demonstration Project established under section

2503(a) of this title;

(7) Omitted

(8) ''small business concern'' shall have the meaning

prescribed by the Secretary of Energy after consultation with the

Small Business Administration.

-SOURCE-

(Pub. L. 94-413, Sec. 3, Sept. 17, 1976, 90 Stat. 1261; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577.)

-COD-

CODIFICATION

Par. (1), which read '' 'Administrator' means the Administrator

of the Energy Research and Development Administration'', has been

omitted from the Code in view of the termination of the Energy

Research and Development Administration and the transfer of the

functions of the Administration and the Administrator thereof to

the Secretary of Energy pursuant to sections 301(a) and 703 of Pub.

L. 95-91 which are classified to sections 7151(a) and 7293 of Title

42, The Public Health and Welfare. ''Secretary of Energy'' has been

substituted for ''Administrator'' wherever appearing in this

chapter.

Par. (7), which read '' 'Secretary' means the Secretary of

Transportation'', has been omitted from the Code as unnecessary.

In view of the substitution of ''Secretary of Energy'' for

''Administrator'' in this chapter, and for clarity, ''Secretary of

Transportation'' has been substituted for ''Secretary'' wherever

appearing in this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

In par. (8), ''Secretary of Energy'' substituted for

''Administrator'' pursuant to section 301(a) of Pub. L. 95-91, see

Codification note set out above.

-CITE-

15 USC Sec. 2503 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2503. Duties of Secretary of Energy

-STATUTE-

(a) Establishment of project

The Secretary of Energy shall promptly establish, as an

organizational entity within the Department of Energy, the Electric

and Hybrid Vehicle Research, Development, and Demonstration

Project.

(b) Management of project; arrangements with competent agencies

The Secretary of Energy shall have the responsibility for the

overall management of the project. The Secretary of Energy may

enter into any agreement or other arrangement with the National

Aeronautics and Space Administration, the Department of

Transportation, the National Science Foundation, the Environmental

Protection Agency, the Department of Housing and Urban Development,

the Department of Agriculture, or any other Federal agency,

pursuant to which such agency shall conduct such specified parts or

aspects of the project as the Secretary of Energy deems necessary

or appropriate and within the particular competence of such agency,

to the extent that such agency has capabilities which would enable

it to contribute to the success of the project and the attainment

of the purposes of this chapter.

(c) Promotion of research and development; demonstration projects;

consumer needs; resulting changes

In providing for the effective management of this project, the

Secretary of Energy shall have specific responsibility to -

(1) promote basic and applied research on electric and hybrid

vehicle batteries, controls, and motors;

(2) determine optimum overall electric and hybrid vehicle

design;

(3) conduct demonstration projects with respect to the

feasibility of commercial electric and hybrid vehicles (A) by

contracting for the purchase or lease of electric and hybrid

vehicles for practical use, and (B) by entering into

arrangements, with other governmental entities and with

nongovernmental entities, for the operation of such vehicles;

(4) ascertain consumer needs and desires so as to match the

design of electric and hybrid vehicles to their potential market;

and

(5) ascertain the long-term changes in road design, urban

planning, traffic management, maintenance facilities, utility

rate structures, and tax policies which are needed to facilitate

the manufacture and use of electric and hybrid vehicles in

accordance with sections 2512 and 2513 (FOOTNOTE 1) of this

title.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 94-413, Sec. 4, Sept. 17, 1976, 90 Stat. 1262; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577.)

-REFTEXT-

REFERENCES IN TEXT

Section 2513 of this title, referred to in subsec. (c)(5), was

repealed by Pub. L. 104-66, title I, Sec. 1051(o), Dec. 21, 1995,

109 Stat. 717.

-TRANS-

TRANSFER OF FUNCTIONS

''Department of Energy'' substituted for ''Energy Research and

Development Administration'' in subsec. (a), and ''Secretary of

Energy'' substituted for ''Administrator'' wherever appearing,

pursuant to section 301(a) of Pub. L. 95-91, see Codification note

set out under section 2502 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2502, 2504, 2507 of this

title; title 42 section 2473.

-CITE-

15 USC Sec. 2504 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2504. Coordination between Secretary of Energy and other

agencies

-STATUTE-

(a) Consultation with Secretary of Transportation

In carrying out the project established under section 2503 of

this title, the Secretary of Energy shall, to the maximum extent

practicable, consult and coordinate with the Secretary of

Transportation, with respect to any functions of the Secretary of

Energy under this chapter which relate to regulatory activities or

other responsibilities of the Secretary of Transportation,

including safety and damageability programs.

(b) Assistance from other agencies

Each department, agency, and instrumentality of the executive

branch of the Federal Government shall carefully consider any

written request from the Secretary of Energy, or the head of any

agency to which the Secretary of Energy has delegated

responsibility for specified parts or aspects of the project, to

furnish such assistance, on a reimbursable basis, as the Secretary

of Energy or such head deems necessary to carry out the project and

to achieve the purposes of this chapter. Such assistance may

include transfer of personnel with their consent and without

prejudice to their position and rating.

-SOURCE-

(Pub. L. 94-413, Sec. 5, Sept. 17, 1976, 90 Stat. 1262; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577.)

-COD-

CODIFICATION

In subsec. (a), ''Secretary of Transportation'' substituted for

''Secretary'' for clarity, see Codification note set out under

section 2502 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Administrator''

pursuant to section 301(a) of Pub. L. 95-91, see Codification note

set out under section 2502 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2507 of this title; title

42 section 2473.

-CITE-

15 USC Sec. 2505 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2505. Research and development

-STATUTE-

The Secretary of Energy, acting through appropriate agencies and

contractors, shall initiate and provide for the conduct of research

and development in areas related to electric and hybrid vehicles,

including -

(1) energy storage technology, including batteries and their

potential for convenient recharging;

(2) vehicle control systems and overall design for energy

conservation, including the use of regenerative braking;

(3) urban design and traffic management to promote maximum

transportation-related energy conservation and minimum

transportation-related degradation of the environment; and

(4) vehicle design which emphasizes durability, length of

practical lifetime, ease of repair, and interchangeability and

replaceability of parts.

-SOURCE-

(Pub. L. 94-413, Sec. 6, Sept. 17, 1976, 90 Stat. 1263; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Administrator''

pursuant to section 301(a) of Pub. L. 95-91, see Codification note

set out under section 2502 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2506, 2512 of this title;

title 42 section 2473.

-CITE-

15 USC Sec. 2506 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2506. Demonstrations

-STATUTE-

(a) Data development; baseline data; acquisition of vehicles

Within 12 months after September 17, 1976, the Secretary of

Energy shall develop data characterizing the present

state-of-the-art with respect to electric and hybrid vehicles. The

data so developed shall serve as baseline data to be utilized in

order (1) to compare improvements in electric and hybrid vehicle

technologies; (2) to assist in establishing the performance

standards under subsection (b)(1) of this section; and (3) to

otherwise assist in carrying out the purposes of this section. In

developing any such data, the Secretary of Energy shall purchase or

lease a reasonable number of such vehicles or enter into such other

arrangements as the Secretary of Energy deems necessary to carry

out the purposes of this subsection.

(b) Performance standards; factors considered; vehicle uses;

revision; transmission of standards to Congress

(1) Within 15 months after September 17, 1976, the Secretary of

Energy shall promulgate rules establishing performance standards

for electric and hybrid vehicles to be purchased or leased pursuant

to subsection (c)(1) of this section. The standards so developed

shall take into account the factors of energy conservation, urban

traffic characteristics, patterns of use for ''second'' vehicles,

consumer preferences, maintenance needs, battery recharging

characteristics, agricultural requirements, materials demand and

their ability to be recycled, vehicle safety and insurability,

cost, and other relevant considerations, as such factors and

considerations particularly apply to or affect vehicles with

electric or hybrid propulsion systems. Such standards are to be

developed taking into account (A) the best current

state-of-the-art, and (B) reasonable estimates as to the future

state-of-the-art, based on projections of results from the research

and development conducted under section 2505 of this title. In

developing such standards, the Secretary of Energy shall consult

with appropriate experts concerning design needs for electric and

hybrid vehicles which are compatible with long-range urban

planning, traffic management, and vehicle safety.

(2) Separate performance standards shall be established under

subsection (b)(1) of this section with respect to (A) electric or

hybrid vehicles for personal use, and (B) commercial electric or

hybrid vehicles. Such performance standards shall represent the

minimum level of performance which is required with respect to any

vehicles purchased or leased pursuant to subsection (c) of this

section. Initial performance standards under subsection (b)(1) of

this section shall be set at such levels as the Secretary of Energy

determines are necessary to promote the acquisition and use of such

vehicles for transportation purposes which are within the

capability (as determined by the Secretary of Energy) of electric

and hybrid vehicles.

(3) Such performance standards shall be revised, by rule,

periodically as the state-of-the-art improves.

(4) The Secretary of Energy shall transmit to the Speaker of the

House of Representatives and the President of the Senate, and 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 performance standards developed under paragraph

(1) and all revised performance standards established in connection

with the demonstrations specified in subsection (c)(2) of this

section.

(c) Contracts for vehicle purchase or lease; delivery requirements;

demonstration criteria and duration; availability of

information for leasing and procurements

(1) The Secretary of Energy shall, within 6 months after the date

of promulgation of performance standards pursuant to subsection

(b)(1) of this section, institute the first contracts for the

purchase or lease of electric or hybrid vehicles which satisfy the

performance standards set forth under subsection (b)(1) of this

section. The delivery of such vehicles shall be completed

according to the expedited best effort of the administering agency

and the selected manufacturer. To the extent practicable, vehicles

purchased or leased under such contracts shall represent a

cross-section of the available technologies and of actual or

potential vehicle use.

(2) Thereafter, according to a planned schedule, the Secretary of

Energy shall contract for the purchase or lease of additional

electric or hybrid vehicles which satisfy amended performance

standards and represent continuing improvements in

state-of-the-art. In conducting demonstrations, the Secretary of

Energy shall consider -

(A) the need and intent of the Congress to stimulate and

encourage private sector production as well as public knowledge,

acceptance, and use of electric and hybrid vehicles; and

(B) demonstration of varying degrees of vehicle operations,

management, and control for maximum widespread effectiveness and

exposure to public use.

(3) The demonstration period shall extend through the fiscal year

1986, with purchase or leasing continuing through the fiscal year

1984. During the demonstration period the Secretary of Energy shall

demonstrate 7,500 to 10,000 electric and hybrid vehicles. No more

than 400 vehicles may be procured for this purpose during fiscal

year 1978. In order to allow industry time for advanced planning,

the size and nature of projected electric and hybrid vehicle

leasing and procurements will be made public by the administering

agency. Publications under the preceding sentence (each covering a

period of two years) shall be released annually starting at an

appropriate time in the fiscal year 1978.

(d) Arrangements for the demonstration of vehicles

The Secretary of Energy, in supervising the demonstration of

vehicles acquired under subsection (c) of this section, shall make

such arrangements as may be necessary or appropriate -

(1)(A) to make such vehicles available to Federal agencies and

to State or local governments and other persons for individual or

business use (including farms). The individuals and businesses

involved shall be selected by an equitable process which assures

that the Secretary of Energy will receive accurate and adequate

data on vehicle performance, including representative

geographical and climatological information and data on user

reaction to the utilization of electric and hybrid vehicles.

Such individuals and businesses shall be given the option of

purchasing or leasing such vehicles under terms and conditions

which will promote their widespread use;

(B) to pay the differential operating costs of such vehicles to

the extent necessary to assure the adequate demonstration of such

vehicles;

(2) for demonstration maintenance projects, including

maintenance organization and equipment needs and model training

projects for maintenance procedures; and

(3) for the dissemination of data on electric and hybrid

vehicle safety and operating characteristics (including

nontechnical descriptive data which shall be made available by

the Government Printing Office) (A) to Federal, State, and local

consumer affairs agencies and groups; (B) to Federal, State, and

local agricultural and rural agencies and groups; and (C) to the

public.

(e) Displacement of private procurement; reports to congressional

committees; reduction of number purchased

(1) At least 60 days prior to entering into any contract for the

purchase or lease of any electric or hybrid vehicle under

subsection (c)(1) of this section or any advanced electric or

hybrid vehicle under subsection (c)(2) of this section, the

Secretary of Energy shall determine (A) if the purchase or lease of

the number of such vehicles specified in such subsection (c)(1) or

(c)(2) of this section will, with high probability, displace the

normal level of private procurement of such vehicles which would

conform to the applicable performance standards promulgated

pursuant to subsection (b) of this section and which would be used

in the United States, and (B) if such displacement will occur, the

necessary extent of such displacement in order to carry out the

purposes of this chapter.

(2) The Secretary of Energy shall reduce the number of vehicles

for which he shall contract for the purchase or lease under

subsection (c)(1) or (c)(2) of this section by the number

determined under subsection (e)(1)(A) of this section as modified

by subsection (e)(1)(B) of this section, except in no event shall

he contract for the purchase or lease pursuant to subsection (c)(1)

of this section of less than 1,000 electric or hybrid vehicles, and

in no event shall he contract for the purchase or lease pursuant to

subsection (c)(2) of this section of less than 2,500 advanced

electric or hybrid vehicles unless he determines on the basis of

responses to the solicitations for proposals for such contracts,

under the provisions of subsections (c)(1) and (c)(2) of this

section that lesser numbers of such vehicles which satisfy the

applicable performance standards will be available within the

delivery periods. All other provisions of subsection (c) of this

section shall apply.

-SOURCE-

(Pub. L. 94-413, Sec. 7, Sept. 17, 1976, 90 Stat. 1263; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577; Pub. L.

95-238, title VI, Sec. 601, Feb. 25, 1978, 92 Stat. 91; Pub. L.

96-470, title I, Sec. 105, Oct. 19, 1980, 94 Stat. 2238; Pub. L.

97-375, title I, Sec. 106(b), Dec. 21, 1982, 96 Stat. 1820; Pub. L.

103-437, Sec. 5(d)(1), Nov. 2, 1994, 108 Stat. 4582.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(4). Pub. L. 103-437 substituted ''Committee on

Science, Space, and Technology'' for ''Committee on Science and

Technology''.

1982 - Subsec. (e)(1). Pub. L. 97-375 struck out provision that

at the time any determination on the displacement of private

procurement of hybrid vehicles was made, that Secretary of Energy

transmit such determination, with relevant supporting information,

to the Committee on Science and Technology of the House and the

Committee on Commerce, Science, and Transportation of the Senate.

1980 - Subsec. (c)(4). Pub. L. 96-470 struck out par. (4) which

provided that if the Administrator determines on the basis of his

annual review of the program that at least 200 vehicles cannot be

added to the project during fiscal year 1978, at least 600 during

fiscal year 1979, at least 1,700 during fiscal year 1980, and at

least 7,500 in the aggregate during the fiscal years 1981 through

1984, he immediately forward a detailed explanation to Congress.

1978 - Subsec. (b)(3). Pub. L. 95-238, Sec. 601(a), struck out

requirement that rules promulgated under par. (1) be amended not

later than 6 months prior to the date for contracts specified in

subsec. (c)(2) of this section.

Subsec. (b)(4). Pub. L. 95-238, Sec. 601(b), substituted

provisions relating to transmission of standards developed under

par. (1) and all revised standards established in connection with

the demonstrations specified in subsec. (c)(2) of this section, for

provisions relating to transmission of standards developed under

par. (1) as revised and currently in effect prior to contracts for

the production of vehicles under subsec. (c)(2) of this section.

Subsec. (c). Pub. L. 95-238, Sec. 601(c), in par. (1) substituted

provisions relating to the first contracts for purchase or lease of

vehicles and delivery of such vehicles, for provisions relating to

contracts for the purchase or lease of 2,500 vehicles and delivery

of such vehicles within 39 months after Sept. 17, 1976, in par. (2)

substituted provisions relating to contracts for the purchase or

lease of additional vehicles which satisfy amended performance

standards and are improvements in the state-of-the-art and criteria

for demonstrations, for provisions relating to contracts for the

purchase or lease of 5,000 advanced vehicles and delivery of such

vehicles within 72 months after Sept. 17, 1976, with an extention

of the delivery period for 6 additional months, and added pars. (3)

and (4).

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Administrator'' in

subsecs. (a), (b)(1), (2), (d), and (e) pursuant to section 301(a)

of Pub. L. 95-91, see Codification note set out under section 2502

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2507, 2510, 2512 of this

title; title 42 section 2473.

-CITE-

15 USC Sec. 2507 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2507. Contracts

-STATUTE-

(a) Research, development, and demonstration

The Secretary of Energy shall provide funds, by contract, to

initiate, continue, supplement, and maintain research, development,

and demonstration activities which are necessary to carry out the

purposes of the project. The Secretary of Energy may enter into

such contracts with any Federal agency, laboratory, university,

nonprofit organization, industrial organization, public or private

agency, institution, organization, corporation, partnership, or

individual.

(b) Consultation

In addition to the requirements of sections 2503 and 2504 of this

title, the Secretary of Energy, in the exercise of his duties and

responsibilities under this section, shall consult with the

Department of Transportation, the Environmental Protection Agency,

the National Aeronautics and Space Administration, the Department

of Agriculture, and representatives of other appropriate Federal

agencies, and shall establish procedures for periodic consultation

with representatives of science, industry, and such other groups as

may have special expertise in electric and hybrid vehicle research,

development, and demonstration.

(c) Rules of Secretary of Energy; funding applications; required

advertising

Each contract under this section shall be entered into in

accordance with such rules as the Secretary of Energy may prescribe

in accordance with the provisions of this section. Each

application for funding shall be made in writing in such form and

with such content and other submissions as the Secretary of Energy

shall require. The Secretary of Energy may enter into contracts

under this section without regard to section 5 of title 41.

(d) Purchase or lease of demonstration vehicles pursuant to

agreements and utilization of Federal forms of assistance and

participation authorized under other statutory provisions

In addition to contracting for the purchase or lease of vehicles

when conducting the demonstrations established under section 2506

of this title, the Secretary of Energy may acquire or secure use of

such vehicles, or have such vehicles acquired or used by others, by

making agreements and utilizing various forms of Federal assistance

and participation which is authorized under the Energy

Reorganization Act of 1974 (Public Law 93-438) (42 U.S.C. 5801 et

seq.) and the Federal Nonnuclear Energy Research and Development

Act of 1974 (Public Law 93-577) (42 U.S.C. 5901 et seq.).

(e) Cost-sharing and use of American materials for demonstrations

When contracting and otherwise using Federal funds to conduct

demonstrations under this chapter, the Secretary of Energy shall

seek cost-sharing with others to the maximum extent practical.

During the first 2 years of demonstration activities the Secretary

of Energy may enter into procurement or lease contracts for

purposes of carrying out demonstrations under this chapter without

regard to the provisions of title III of the Act of March 3, 1933

(47 Stat. 1520; 41 U.S.C. 10a-10c).

-SOURCE-

(Pub. L. 94-413, Sec. 8, Sept. 17, 1976, 90 Stat. 1266; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577; Pub. L.

95-238, title VI, Sec. 602, Feb. 25, 1978, 92 Stat. 92.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Reorganization Act of 1974 (Public Law 93-438),

referred to in subsec. (d), is Pub. L. 93-438, Oct. 11, 1974, 88

Stat. 1233, as amended, which is classified principally to chapter

73 (Sec. 5801 et seq.) of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 5801 of Title 42 and Tables.

The Federal Nonnuclear Energy Research and Development Act of

1974 (Public Law 93-577), referred to in subsec. (d), is Pub. L.

93-577, Dec. 31, 1974, 88 Stat. 1878, as amended, which is

classified generally to chapter 74 (Sec. 5901 et seq.) of Title 42.

For complete classification of this Act to the Code, see Short

Title note set out under section 5901 of Title 42 and Tables.

Title III of the Act of March 3, 1933 (47 Stat. 1520; 41 U.S.C.

10a-10c), referred to in subsec. (e), is title III of act Mar. 3,

1933, ch. 212, 47 Stat. 1520, as amended, known as the Buy American

Act, which is classified generally to sections 10a, 10b, and 10c of

Title 41, Public Contracts. For complete classification of this Act

to the Code, see Short Title note set out under section 10a of

Title 41 and Tables.

-COD-

CODIFICATION

In subsec. (b), the words ''the Federal Energy Administration,''

which followed ''Environmental Protection Agency,'' have been

omitted from the Code in view of the termination of the Federal

Energy Administration and the transfer of the functions of the

Administration to the Secretary of Energy pursuant to sections

301(a) and 703 of Pub. L. 95-91 which are classified to sections

7151(a) and 7293 of Title 42, The Public Health and Welfare. This

transfer would result in this phrase being redundant in that it

would provide for the Secretary of Energy to consult with the

Secretary of Energy.

-MISC3-

AMENDMENTS

1978 - Subsecs. (d), (e). Pub. L. 95-238 added subsecs. (d) and

(e).

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Administrator'' in

subsecs. (a) to (c) and the first time it appears in subsec. (e)

pursuant to section 301(a) of Pub. L. 95-91, see Codification note

set out under section 2502 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2511 of this title; title

42 section 2473.

-CITE-

15 USC Sec. 2508 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2508. Encouragement and protection of small business

-STATUTE-

(a) Opportunity to participate

The Secretary of Energy shall take such steps as are feasible to

assure that small business concerns have a realistic and adequate

opportunity to participate in the project.

(b) Reservation of funds

To assist in accomplishing the objectives of subsection (a) of

this section, the Secretary of Energy shall reserve, for contracts

with small business concerns, a reasonable portion of the funds

made available pursuant to this chapter for research, development,

or demonstration of electric or hybrid vehicles.

(c) Contract terms and conditions; planning grants

The Secretary of Energy shall, in addition to the requirements

set forth in subsections (a) and (b) of this section -

(1) include in all contracts for research, development, or

demonstration of electric or hybrid vehicles such terms,

conditions, and payment schedules as may assist in meeting the

needs of small business concerns, and shall take steps to avoid

the inclusion in such contracts of any terms, conditions, or

penalties which would tend to prevent such concerns from

participating in the program under this chapter; and

(2) make planning grants available to qualified small business

concerns which require assistance in developing, submitting, and

entering into such contracts.

-SOURCE-

(Pub. L. 94-413, Sec. 9, Sept. 17, 1976, 90 Stat. 1266; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Administrator''

pursuant to section 301(a) of Pub. L. 95-91, see Codification note

set out under section 2502 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 2473.

-CITE-

15 USC Sec. 2509 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2509. Loan guarantees

-STATUTE-

(a) Congressional policy

It is the policy of the Congress to assist in the introduction

into the Nation's transportation fleet of electric and hybrid

vehicles and to assure that qualified small business concerns and

other qualified borrowers are not excluded from participation in

such development due to lack of adequate capital. Accordingly, it

is the policy of the Congress to provide guarantees of loans made

for such purposes.

(b) Encouragement of commercial production; purpose of loans

In order to encourage the commercial production of electric and

hybrid vehicles, the Secretary of Energy is authorized to

guarantee, and to enter into commitments to guarantee, principal

and interest on loans made by lenders to qualified borrowers,

primarily small business concerns, for the purposes of -

(1) research and development related to electric and hybrid

vehicle technology;

(2) prototype development for such vehicles and parts thereof;

(3) construction of capital equipment related to research on,

and development and production of, electric and hybrid vehicles

and components; or

(4) initial operating expenses associated with the development

and production of electric and hybrid vehicles and components.

(c) Maximum amount of loan guarantee

Any guarantee under this section shall apply only to so much of

the principal amount of the loan involved as does not exceed 90

percentum of the aggregate cost of the activity with respect to

which the loan is made.

(d) Terms and conditions of guarantee

Loan guarantees under this section shall be on such terms and

conditions as the Secretary of Energy determines, except that a

guarantee shall be made under this section only if -

(1) the loan bears interest at a rate not to exceed such annual

percent on the principal obligation outstanding as the Secretary

of Energy determines to be reasonable, taking into account the

range of interest rates prevailing in the private sector for

similar loans and risks by the United States;

(2) the terms of such loan require full repayment over a period

not to exceed 15 years;

(3) in the judgment of the Secretary of Energy, the amount of

the loan (when combined with amounts available to the qualified

borrower from other sources) will be sufficient to carry out the

activity with respect to which the loan is made;

(4) in the judgment of the Secretary of Energy, there is

reasonable assurance of repayment of the loan by the qualified

borrower; and

(5) no loan shall be guaranteed by the Secretary of Energy

under subsection (b) of this section unless the Secretary of

Energy finds that no other reasonable means of financing or

refinancing is reasonably available to the applicant.

(e) Maximum guarantee per loan; maximum of aggregate guarantees;

Electric and Hybrid Vehicle Development Fund; establishment,

funding, etc.

(1) The amount of the guarantee of any loan shall not exceed

$3,000,000, unless the Secretary of Energy finds that a higher

guarantee level for specific loan guarantees is necessary in order

to carry out the purposes of this chapter. If the Secretary of

Energy makes such finding, he shall immediately report that finding

to the Speaker of the House of Representatives, the President of

the Senate, the Committee on Science, Space, and Technology of the

House of Representatives, and the Committee on Commerce, Science,

and Transportation of the Senate.

(2) The aggregate amount of guarantees outstanding under this

section at any one time shall not exceed $60,000,000.

(3)(A) There is established in the Treasury of the United States

an Electric and Hybrid Vehicle Development Fund (hereinafter in

this paragraph referred to as the ''fund''), which shall be

available to the Secretary of Energy for carrying out the loan

guarantee and principal and interest assistance program authorized

by this chapter, including the payment of administrative expenses

incurred in connection therewith. Moneys in the fund not needed

for current operations may, with the approval of the Secretary of

the Treasury, be invested in bonds or other obligations of, or

guaranteed by, the United States.

(B) There shall be paid into the fund such part of the amounts

appropriated pursuant to section 2514 of this title as the

Secretary of Energy deems necessary to carry out the purposes of

this chapter and such amounts as may be returned to the United

States pursuant to subsection (g) of this section, and the amounts

in the fund shall remain available until expended, except that

after the expiration of the 7-year period established by subsection

(h) of this section such amounts in the fund as are not required to

secure outstanding guarantee obligations shall be paid into the

general fund of the Treasury.

(C) If at any time the moneys available in the fund are

insufficient to enable the Secretary of Energy to discharge his

responsibilities under this section, he shall issue to the

Secretary of the Treasury notes or other obligations in such forms

and denominations, bearing such maturities, and subject to such

terms and conditions as may be prescribed by the Secretary of the

Treasury. This borrowing authority shall be effective only to such

extent or in such amounts as are specified in appropriation Acts.

Such authority shall be without fiscal year limitation. Redemption

of such notes or obligations shall be made by the Secretary of

Energy from appropriations or other moneys available under this

chapter. Such notes or other obligations shall bear interest at a

rate determined by the Secretary of the Treasury, which shall not

be less than a rate determined by taking into consideration the

average market yield on outstanding marketable obligations of the

United States of comparable maturities during the month preceding

the issuance of the notes or other obligations. The Secretary of

the Treasury shall purchase any notes or other obligations issued

hereunder and for that purpose he is authorized to use as a public

debt transaction the proceeds from the sale of any securities

issued under chapter 31 of title 31, and the purposes for which

securities may be issued under that chapter are extended to include

any purchase of such notes or obligations. The Secretary of the

Treasury may at any time sell any of the notes or other obligations

acquired by him under this subsection. All redemptions, purchases,

and sales by the Secretary of the Treasury of such notes or other

obligations shall be treated as public debt transactions of the

United States.

(D) Business-type financial reports covering the operations of

the fund shall be submitted to the Congress by the Secretary of

Energy annually upon the completion of the appropriate accounting

period.

(f) Qualified borrower

As used in this section, the term ''qualified borrower'' means

any partnership, corporation, or other legal entity which (as

determined by the Secretary of Energy) has presented satisfactory

evidence of an interest in electric or hybrid vehicle technology

and is capable of performing research or completing the development

and production of electric or hybrid vehicles or any components

thereof in an acceptable manner.

(g) Payment of principal and interest; default; recovery of losses

(1) With respect to any loan guaranteed pursuant to this section,

the Secretary of Energy is authorized to enter into a contract to

pay, and to pay, the lender for and on behalf of the borrower the

principal and interest charges which become due and payable on the

unpaid balance of such loan if the Secretary of Energy finds -

(A) that the borrower is unable to meet principal and interest

charges, that it is in the public interest to permit the borrower

to continue to pursue the purposes of the project, and that the

probable net cost to the Federal Government in paying such

principal will be less than that which would result in the event

of a default; and

(B) that the amount of such principal and interest charges

which the Secretary of Energy is authorized to pay shall be no

greater than the amount of principal and interest which the

borrower is obligated to pay under the loan agreement.

(2) In the event of any default by a qualified borrower on a

guaranteed loan, the Secretary of Energy is authorized to make

payment in accordance with the guarantee, and the Attorney General

shall take such action as may be appropriate to recover the amounts

of such payments (including any payment of principal and interest

under paragraph (1)) from such assets of the defaulting borrower as

are associated with the activity with respect to which the loan was

made or from any other surety included in the terms of the

guarantee.

(h) Seven year limitation

No loan guarantee shall be made, or interest assistance contracts

entered into, pursuant to this section, after the expiration of the

7-year period following September 17, 1976.

(i) Citizenship of applicant; corporations; waiver

An applicant seeking a guarantee under this section must be a

citizen or national of the United States. A corporation,

partnership, firm, or association shall not be deemed to be a

citizen or national of the United States unless the Secretary of

Energy determines that it satisfactorily meets all the requirements

of sections 802 and 803 of title 46, Appendix, for determining such

citizenship, except that the provisions in section 802(a) of title

46, Appendix, concerning (1) the citizenship of officers or

directors of a corporation, and (2) the interest required to be

owned in the case of a corporation, association, or partnership

operating a vessel in the coastwise trade, shall not be

applicable. The Secretary of Energy, in consultation with the

Secretary of State, may waive such requirements in the case of a

corporation, partnership, firm, or association, controlling

interest in which is owned by citizens of countries which are

participants in the International Energy Agreement.

(j) Pledge of full faith and credit of United States

The full faith and credit of the United States is pledged to the

payment of all obligations incurred under this section.

-SOURCE-

(Pub. L. 94-413, Sec. 10, Sept. 17, 1976, 90 Stat. 1267; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577; Pub. L.

95-238, title VI, Sec. 603, Feb. 25, 1978, 92 Stat. 93; Pub. L.

103-437, Sec. 5(d)(2), Nov. 2, 1994, 108 Stat. 4582.)

-COD-

CODIFICATION

In subsec. (e)(3)(C), ''chapter 31 of title 31'' and ''that

chapter'' substituted for ''the Second Liberty Bond Act, as

amended'' and ''that Act'', respectively, on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC3-

AMENDMENTS

1994 - Subsec. (e)(1). Pub. L. 103-437 substituted ''Committee on

Science, Space, and Technology'' for ''Committee on Science and

Technology'' and ''Committee on Commerce, Science, and

Transportation'' for ''Committee on Commerce''.

1978 - Subsec. (e)(3). Pub. L. 95-238, Sec. 603(a)(1), added par.

(3).

Subsec. (g). Pub. L. 95-238, Sec. 603(b), inserted provisions

relating to payment of principal by the Administrator.

Subsec. (h). Pub. L. 95-238, Sec. 603(c), substituted ''7'' for

''5''.

Subsec. (j). Pub. L. 95-238, Sec. 603(a)(2), added subsec. (j).

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Administrator'' in

subsecs. (b), (d), (e)(1), (f), and (i) pursuant to section 301(a)

of Pub. L. 95-91, see Codification note set out under section 2502

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 2473.

-CITE-

15 USC Sec. 2510 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2510. Use of electric and hybrid vehicles by Federal agencies

-STATUTE-

The Postmaster General of the United States Postal Service, the

Administrator of the General Services Administration, the Secretary

of Defense, and the heads of other Federal agencies shall -

(1) carry out a study of the practicability of using electric

and hybrid vehicles in the performance of some or all of the

functions of their agencies; and

(2) arrange for the introduction of electric and hybrid

vehicles into their fleets as soon as possible.

For competitive procurement purposes in purchasing such vehicles,

life-cycle costing and any beneficial air pollution control

characteristics of electric and hybrid vehicles shall be fully

taken into account. If the head of the agency involved determines

that electric or hybrid vehicles are technologically practicable,

but that they are not completely economically competitive with

conventional vehicles, the Secretary of Energy may, for purposes of

the demonstration program described in section 2506 of this title,

pay to such agency the incremental costs of the electric or hybrid

vehicles, including differential operating costs.

-SOURCE-

(Pub. L. 94-413, Sec. 11, Sept. 17, 1976, 90 Stat. 1268; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Administrator''

pursuant to section 301(a) of Pub. L. 95-91, see Codification note

set out under section 2502 of this title.

-CITE-

15 USC Sec. 2511 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2511. Patents

-STATUTE-

Section 5908 of title 42 shall apply to any contract (including

any assignment, substitution of parties, or subcontract

thereunder), entered into, made, or issued by the Secretary of

Energy pursuant to section 2507 of this title.

-SOURCE-

(Pub. L. 94-413, Sec. 12, Sept. 17, 1976, 90 Stat. 1269; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Administrator''

pursuant to section 301(a) of Pub. L. 95-91, see Codification note

set out under section 2502 of this title.

-CITE-

15 USC Sec. 2512 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2512. Studies

-STATUTE-

(a) Bias of surface transportation systems; submission of report

The Secretary of Energy shall conduct a study to determine the

existence of any tax, regulatory, traffic, urban design, rural

electrical, or other institutional factor which tends or may tend

to bias surface transportation systems toward vehicles of

particular characteristics. The Secretary of Energy shall submit a

report to the Congress on the findings and conclusions of such

study, within 1 year after September 17, 1976. The report shall

include any legislative or other recommendations of the Secretary

of Energy.

(b) Material demand and pollution effect; impact statement

The Secretary of Energy shall conduct a continuing assessment of

the long-range material demand and pollution effects which may

result from or in connection with the electrification of urban

traffic. Such assessment shall include a statement of the

Secretary of Energy's current findings in each report submitted

under section 2513 (FOOTNOTE 1) of this title. Any environmental

impact statement which may be filed under a Federal law with

respect to research, development, or demonstration activities under

this chapter shall include reference to the matters which are

subject to assessment under this subsection.

(FOOTNOTE 1) See References in Text note below.

(c) Incentives to encourage utilization; inclusion of electric

vehicles in calculation of average fuel economy; evaluation

program; annual report; final report and recommendations to

Congress on January 1, 1987

The Secretary of Energy shall perform, or cause to be performed,

studies and research on incentives to promote broader utilization

and consumer acceptance of electric and hybrid vehicle

technologies. A description and a statement of the findings of

such studies and research activities shall be included in each

report submitted under section 2513 (FOOTNOTE 1) of this title.

(1) The Secretary of Energy in consultation with the Secretary

of Transportation and the Administrator of the Environmental

Protection Agency is authorized and directed to conduct a

seven-year evaluation program of the inclusion of electric

vehicles, as defined in section 512(b)(2) (FOOTNOTE 1) of the

Motor Vehicle Information and Cost Savings Act (15 U.S.C.

2012(b)(2)), in the calculation of average fuel economy pursuant

to section 32904(a)(1) of title 49 to determine the value and

implications of such inclusion as an incentive for the early

initiation of industrial engineering development and initial

commercialization of electric vehicles in the United States. The

evaluation program shall be conducted in parallel with the

research and development activities of section 2505 of this title

and demonstration activities of section 2506 of this title to

provide all necessary information no later than January 1, 1987,

for the private sector and Federal, State and local officials to

make required decisions for the full commercialization of

electric vehicles in the United States.

(2) The Administrator of the Environmental Protection Agency,

in consultation with the Secretary of Energy and the Secretary of

Transportation, shall implement immediately the evaluation

program by promulgating, within sixty days of January 7, 1980,

regulations to include electric vehicles in average fuel economy

calculations under section 32904(a)(1) of title 49.

(3) The Secretary of Energy, in consultation with the Secretary

of Transportation and the Administrator of the Environmental

Protection Agency, shall include a full discussion of this

evaluation program in the annual report required by section 2513

(FOOTNOTE 1) of this title in each year after promulgation of the

regulations under paragraph (2). The Secretary of Energy, in

consultation with the Secretary of Transportation and the

Administrator of the Environmental Protection Agency, shall

submit to the Congress on January 1, 1987, a final report on the

results of the evaluation program and any recommendations

regarding the continued inclusion of electric vehicles in the

average fuel economy calculations under part C of subtitle VI of

title 49.

(d) Safety standards and regulations

The Secretary of Transportation shall conduct a study of the

current and future applicability of safety standards and

regulations to electric and hybrid vehicles. The Secretary of

Transportation shall report the results of such study to the

Secretary of Energy and the Congress within 1 year after September

17, 1976.

(e) Regenerative braking systems

The Secretary of Energy shall conduct a study to determine the

overall effectiveness and feasibility of including regenerative

braking systems on electric and other automobiles in order to

recover energy. In such study the Secretary of Energy shall -

(1) review the history of regenerative braking devices;

(2) describe relevant experimental test data and theoretical

calculations with respect to such devices;

(3) assess the net energy impacts and cost effectiveness of

such devices;

(4) examine present patents and patent policy regarding such

devices; and

(5) determine whether regenerative braking should be used on

some of the advanced electric or hybrid vehicles to be purchased

or leased pursuant to section 2506(c)(2) of this title.

The Secretary of Energy shall submit a report to the Congress on

the findings and conclusions of such study within 1 year after

September 17, 1976.

-SOURCE-

(Pub. L. 94-413, Sec. 13, Sept. 17, 1976, 90 Stat. 1269; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577; Pub. L.

96-185, Sec. 18, Jan. 7, 1980, 93 Stat. 1336.)

-REFTEXT-

REFERENCES IN TEXT

Section 2513 of this title, referred to in subsecs. (b) and (c),

was repealed by Pub. L. 104-66, title I, Sec. 1051(o), Dec. 21,

1995, 109 Stat. 717.

Section 512(b)(2) of the Motor Vehicle Information and Cost

Savings Act (15 U.S.C. 2012(b)(2)), referred to in subsec. (c)(1),

was repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.

1379, the first section of which enacted subtitles II, III, and V

to X of Title 49, Transportation.

-COD-

CODIFICATION

In subsec. (c), ''section 32904(a)(1) of title 49'' substituted

for ''section 503(a)(1) and (2) of the Motor Vehicle Information

and Cost Savings Act (15 U.S.C. 2003(a)(1) and (2))'' and ''section

503(a)(1) and (2) of the Motor Vehicle Information and Cost Savings

Act'', and ''part C of subtitle VI of title 49'' substituted for

''the Motor Vehicle Information and Cost Savings Act (15 U.S.C.

1901 et seq.)'' on authority of Pub. L. 103-272, Sec. 6(b), July 5,

1994, 108 Stat. 1378, the first section of which enacted subtitles

II, III, and V to X of Title 49, Transportation, and on authority

of Pub. L. 103-429, Sec. 10(b), Oct. 31, 1994, 108 Stat. 4391,

section 6(43)(B) of which enacted section 32918 as part of part C

of subtitle VI of Title 49.

January 7, 1980, referred to in subsec. (c)(2), was in the

original ''enactment of the Act'' which has been translated as

meaning the date of enactment of Pub. L. 96-185 as the probable

intent of Congress in view of the fact that section 18 of Pub. L.

96-185 enacted subsec. (c)(1) to (3) of this section.

A part of par. (2) of section 2512(c) of the Electric and Hybrid

Vehicle Research, Development, and Demonstration Act of 1976, as

added by Pub. L. 96-185, has not been included in the text of

subsec. (c)(2) of this section. The omitted provision consists of

directory language for an amendment of section 2003 of this title

and the indicated amendment has been executed to the text of that

section as directed.

In subsec. (d), ''Secretary of Transportation'' substituted for

''Secretary'' in two places for clarity, see Codification note set

out under section 2502 of this title.

-MISC3-

AMENDMENTS

1980 - Subsec. (c)(1) to (3). Pub. L. 96-185 added pars. (1) to

(3).

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Administrator'' in

subsecs. (a), (b), (d), and (e) pursuant to section 301(a) of Pub.

L. 95-91, see Codification note set out under section 2502 of this

title.

-MISC5-

ELECTRIC VEHICLES

Pub. L. 100-494, Sec. 7, Oct. 14, 1988, 102 Stat. 2452, directed

Secretary of Transportation to study whether regulations should be

amended or promulgated to stimulate production and introduction of

electric and solar-powered vehicles into commerce and to report to

Congress on results of study, prior to repeal by Pub. L. 103-272,

Sec. 7(b), July 5, 1994, 108 Stat. 1379.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2503 of this title.

-CITE-

15 USC Sec. 2513 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2513. Repealed. Pub. L. 104-66, title I, Sec. 1051(o), Dec.

21, 1995, 109 Stat. 717

-MISC1-

Section, Pub. L. 94-413, Sec. 14, Sept. 17, 1976, 90 Stat. 1270;

Pub. L. 95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577,

directed Secretary of Energy to submit to Congress annual reports

on activities under this chapter.

-CITE-

15 USC Sec. 2514 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 52 - ELECTRIC AND HYBRID VEHICLE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 2514. Authorization for appropriations

-STATUTE-

(a) There are authorized to be appropriated to the Secretary of

Energy, for purposes of carrying out this chapter, (1) not to

exceed $30,000,000 for the fiscal year ending September 30, 1977,

except that at least $10,000,000 of such authorization shall be

allocated for battery research and development; (2) not to exceed

$40,000,000 for the fiscal year ending September 30, 1978; (3) not

to exceed $25,000,000 for the fiscal year ending September 30,

1979; (4) not to exceed $20,000,000 for the fiscal year ending

September 30, 1980; and (5) not to exceed $45,000,000 for the

fiscal year ending September 30, 1981. Any amount appropriated

pursuant to this section shall remain available until expended, and

any amount authorized for any fiscal year prior to the fiscal year

ending September 30, 1981, but not appropriated, may be

appropriated for any succeeding fiscal year through the fiscal year

ending September 30, 1983.

(b) Any moneys received by the Secretary of Energy from vehicle

sales or leases or other activities under this chapter may be

retained and used for purposes of carrying out this chapter,

notwithstanding the provisions of section 3302(b) of title 31, and

may remain available until expended; but the amount authorized to

be appropriated for any fiscal year under subsection (a) of this

section shall be reduced by the amount of the moneys so received in

that year.

-SOURCE-

(Pub. L. 94-413, Sec. 16, Sept. 17, 1976, 90 Stat. 1270; Pub. L.

95-91, title III, Sec. 301(a), Aug. 4, 1977, 91 Stat. 577.)

-COD-

CODIFICATION

In subsec. (b), ''section 3302(b) of title 31'' substituted for

''section 3617 of the Revised Statutes (31 U.S.C. 484)'' on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Administrator''

pursuant to section 301(a) of Pub. L. 95-91, see Codification note

set out under section 2502 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2509 of this title.

-CITE-