Legislación


US (United States) Code. Title 15. Chapter 54: Automotive Propulsion Research and Development


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15 USC CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND

DEVELOPMENT 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

.

-HEAD-

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

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Sec.

2701. Congressional findings and purpose.

2702. Definitions.

2703. Advanced systems program implementation by Secretary of

Energy.

(a) Establishment and conduct of program.

(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.

2704. Evaluation by Secretary of Transportation on utilization of

advanced technology by automobile industry.

2705. Coordinating and consulting requirements and authorities of

Secretary of Energy.

(a) Conduct of overall management responsibilities.

(b) Exercise of powers by Secretary of

Transportation.

(c) Requests for assistance of Federal departments,

etc.

(d) Consultations with Administrator of Environmental

Protection Agency and Secretary of

Transportation; establishment of procedures for

periodic consultation with interested groups;

establishment and functions of advisory panels.

(e) Responsibilities under other Federal automotive

research, development, and demonstration

provisions unaffected.

2706. Informational and testing functions of Secretary of Energy.

(a) Evaluations of new or improved technologies

pursuant to written submissions.

(b) Testing by Administrator of Environmental

Protection Agency of systems developed under

research and development program or submitted

by Secretary; scope and purposes of tests;

submission of test data and results to

Secretary.

(c) Collection, analysis, and dissemination of

information, data, and materials to developers.

2707. Patents and inventions; statutory provisions applicable;

contracts or grants covered.

2708. Comptroller General audit and examination of books, etc.;

statutory provisions applicable; contracts or grants covered.

2709. Reports to Congress by Secretary of Energy.

(a) Comprehensive program, etc.

(b) Study on financial obligation guarantees.

2710. Authorization of appropriations.

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15 USC Sec. 2701 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

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Sec. 2701. Congressional findings and purpose

-STATUTE-

(a) The Congress finds that -

(1) existing automobile propulsion systems, on the average,

fall short of meeting the long-term goals of the Nation with

respect to environmental protection, and energy conservation;

(2) advanced alternatives to existing automobile propulsion

systems could, with sufficient 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

environmental 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 advanced automobile propulsion system

technology;

(4) an expanded research and development effort with respect to

advance automobile propulsion system technology would complement

and stimulate corresponding efforts by the private sector and

would encourage automobile manufacturers to consider seriously

the incorporation 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

advanced automobile propulsion systems within 5 years of February

25, 1978, or within the shortest practicable time consistent with

appropriate research and development techniques, and (B) evaluate

and disseminate information with respect to advanced automobile

propulsion system technology;

(2) preserve, enhance, and facilitate competition in research,

development, and production with respect to existing and

alternative automobile propulsion systems; and

(3) supplement, but neither supplant nor duplicate, the

automotive propulsion system research and development efforts of

private industry.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 302, Feb. 25, 1978, 92 Stat. 78.)

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SHORT TITLE

Section 301 of title III of Pub. L. 95-238 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

Propulsion Research and Development Act of 1978'.''

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15 USC Sec. 2702 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2702. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''advanced automobile propulsion system'' means an energy

conversion system, including 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 directed 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 distance traveled in

representative driving conditions by an automobile per unit of

fuel consumed, as determined by the Administrator of the

Environmental Protection Agency in accordance 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

alternative mode or other system of transportation;

(6) ''reliability'' refers to (A) the average time and distance

over which normal automobile operation can be expected without

significant repair or replacement of parts, and (B) the ease of

diagnosis and repair of an automobile, 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.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 303, Feb. 25, 1978, 92 Stat. 79.)

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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, Sec. 206, as added Dec. 31,

1970, Pub. L. 91-604, Sec. 8(a), 84 Stat. 1694, which was formerly

classified to section 1857f-5 of Title 42, The Public Health and

Welfare, and which is classified 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.

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15 USC Sec. 2703 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2703. Advanced systems program implementation by Secretary of

Energy

-STATUTE-

(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.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 304, Feb. 25, 1978, 92 Stat. 79;

Pub. L. 103-437, Sec. 5(b)(4), Nov. 2, 1994, 108 Stat. 4582.)

-REFTEXT-

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 complete classification of this Act to

the Code, see Tables.

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AMENDMENTS

1994 - Subsec. (f)(3). Pub. L. 103-437 substituted ''Committee on

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

Technology''.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2705 of this title.

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15 USC Sec. 2704 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2704. Evaluation by Secretary of Transportation on utilization

of advanced technology by automobile industry

-STATUTE-

The Secretary of Transportation, in furtherance of the purposes

of this chapter, shall evaluate the extent to which the automobile

industry utilizes advanced automotive technology which is or could

be made available to it.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 305, Feb. 25, 1978, 92 Stat. 81;

Pub. L. 104-66, title I, Sec. 1121(i), Dec. 21, 1995, 109 Stat.

724.)

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AMENDMENTS

1995 - Pub. L. 104-66 struck out at end ''The Secretary of

Transportation shall submit a report to the Congress each year on

the results of such evaluation including any appropriate

recommendations which may encourage the utilization of advanced

automobile technology by the automobile industry.''

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15 USC Sec. 2705 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2705. Coordinating and consulting requirements and authorities

of Secretary of Energy

-STATUTE-

(a) Conduct of overall management responsibilities

The Secretary of Energy shall have overall management

responsibility for carrying out the program under section 2703 of

this title. In carrying out such program, the Secretary of Energy,

consistent with such overall management responsibility -

(1) shall utilize the expertise of the Department of

Transportation to the extent deemed appropriate by the Secretary

of Energy; and

(2) may utilize any other Federal agency (except as provided in

paragraph (1)) in accordance with subsection (c) of this section

in carrying out any activities under this chapter, to the extent

that the Secretary of Energy determines that any such agency has

capabilities which would allow such agency to contribute to the

purposes of this chapter.

(b) Exercise of powers by Secretary of Transportation

The Secretary of Transportation, whenever the expertise of the

Department of Transportation is utilized in accordance with

subsection (a) of this section, may exercise the powers granted to

the Secretary of Energy under subsection (c) of this section and

shall enter into contracts and make grants for such purpose,

subject to the overall management responsibility of the Secretary

of Energy.

(c) Requests for assistance of Federal departments, etc.

The Secretary of Energy may, in accordance with subsection (a) of

this section, obtain the assistance of any department, agency, or

instrumentality of the executive branch of the Federal Government

upon written request, on a reimbursable basis or otherwise and with

the consent of such department, agency, or instrumentality. Each

such request shall identify the assistance the Secretary of Energy

deems necessary to carry out any duty under this chapter.

(d) Consultations with Administrator of Environmental Protection

Agency and Secretary of Transportation; establishment of

procedures for periodic consultation with interested groups;

establishment and functions of advisory panels

The Secretary of Energy shall consult with the Administrator of

the Environmental Protection Agency and the Secretary of

Transportation, and shall establish procedures for periodic

consultation with representatives of science, industry, and such

other groups as may have special expertise in the area of

automobile propulsion system research, development, and

technology. The Secretary of Energy may establish such advisory

panels as he deems appropriate to review and make recommendations

with respect to applications for funding under this chapter.

(e) Responsibilities under other Federal automotive research,

development, and demonstration provisions unaffected

Nothing contained in this chapter shall be construed to reduce in

any way the responsibilities of the Secretary of Energy for

automotive research, development, and demonstration under the

Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) and the

Federal Nonnuclear Energy Research and Development Act of 1974 (42

U.S.C. 5901 et seq.).

-SOURCE-

(Pub. L. 95-238, title III, Sec. 306, Feb. 25, 1978, 92 Stat. 81.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.),

referred to in subsec. (e), 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 (42 U.S.C. 5901 et seq.), referred to in subsec. (e), 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.

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15 USC Sec. 2706 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2706. Informational and testing functions of Secretary of

Energy

-STATUTE-

(a) Evaluations of new or improved technologies pursuant to written

submissions

The Secretary of Energy shall, for the purposes of performing his

responsibilities under this chapter, consider any reasonable new or

improved technology, a description of which is submitted to the

Secretary of Energy in writing, which could lead or contribute to

the development of advanced automobile propulsion system

technology.

(b) Testing by Administrator of Environmental Protection Agency of

systems developed under research and development program or

submitted by Secretary; scope and purposes of tests; submission

of test data and results to Secretary

The Administrator of the Environmental Protection Agency shall

test, or cause to be tested, in a facility subject to Environmental

Protection Agency supervision, each advanced automobile propulsion

system in an appropriately modified production vehicle equipped

with such a system developed in whole or in part with Federal

financial assistance under this chapter, or referred to the

Administrator of the Environmental Protection Agency for such

purpose by the Secretary of Energy, to determine whether such

vehicle complies with any exhaust emission standards or any other

requirements promulgated or reasonably expected to be promulgated

under any provision of the Clean Air Act (42 U.S.C. 1857 et seq.)

(42 U.S.C. 7401 et seq.), the Noise Control Act of 1972 (42 U.S.C.

4901 et seq.), or any other provision of Federal law administered

by the Administrator of the Environmental Protection Agency. In

conjunction with any test for compliance with exhaust emission

standards under this section, the Administrator of the

Environmental Protection Agency shall also conduct tests to

determine the fuel economy of such vehicle. The Administrator of

the Environmental Protection Agency shall submit all test data and

the results of such tests to the Secretary of Energy.

(c) Collection, analysis, and dissemination of information, data,

and materials to developers

The Secretary of Energy shall collect, analyze, and disseminate

to developers information, data, and materials that may be relevant

to the development of advanced automobile propulsion system

technology.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 307, Feb. 25, 1978, 92 Stat. 82.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (b), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 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 7401 of Title 42

and Tables.

The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), referred

to in subsec. (b), is Pub. L. 92-574, Oct. 27, 1972, 86 Stat. 1234,

as amended, which is classified principally to chapter 65 (Sec.

4901 et seq.) of Title 42. For complete classification of this Act

to the Code, see Short Title note set out under section 4901 of

Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2703 of this title.

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15 USC Sec. 2707 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2707. Patents and inventions; statutory provisions applicable;

contracts or grants covered

-STATUTE-

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

any assignment, substitution of parties, or subcontract thereunder)

or grant, entered into, made, or issued by the Secretary of Energy

under this chapter.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 308, Feb. 25, 1978, 92 Stat. 82.)

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15 USC Sec. 2708 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2708. Comptroller General audit and examination of books,

etc.; statutory provisions applicable; contracts or grants

covered

-STATUTE-

Section 5876 of title 42 shall apply with respect to the

authority of the Comptroller General to have access to and rights

of examination of books, documents, papers, and records of

recipients of financial assistance under this chapter; except that

for the purposes of this chapter, the term ''contract'' (as used in

section 2206 of title 42, insofar as it relates to such section

5876 of title 42) means ''contract or grant''.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 309, Feb. 25, 1978, 92 Stat. 82.)

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15 USC Sec. 2709 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2709. Reports to Congress by Secretary of Energy

-STATUTE-

(a) Comprehensive program, etc.

As a separate part of the annual report submitted under section

5914(a) (FOOTNOTE 1) of title 42 with respect to the comprehensive

plan and program then in effect under section 5905(a) and (b) of

title 42, the Secretary of Energy shall submit to Congress an

annual report of activities under this chapter. Such report shall

include -

(FOOTNOTE 1) See References in Text note below.

(1) a current comprehensive program definition for implementing

this chapter;

(2) an evaluation of the state of automobile propulsion system

research and development in the United States;

(3) the number and amount of contracts and grants made under

this chapter;

(4) an analysis of the progress made in developing advanced

automobile propulsion system technology; and

(5) suggestions for improvements in advanced automobile

propulsion system research and development, including

recommendations for legislation.

(b) Study on financial obligation guarantees

The Secretary of Energy shall conduct a survey of developers,

lending institutions, and other appropriate persons or institutions

and shall otherwise make a study for the purpose of determining

whether, and under what conditions, research, development,

demonstration, and commercial availability of advanced automobile

propulsion system technology may be aided by the guarantee of

financial obligations by the Federal Government. The Secretary of

Energy shall report the results of such survey and study to the

Congress within 1 year after February 25, 1978. Such report shall

include an examination of those stages of advanced automobile

propulsion system technology research, development, demonstration,

and commercialization for which financial obligation guarantees may

be useful or appropriate and shall contain such legislative

recommendations as may be necessary.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 310, Feb. 25, 1978, 92 Stat. 83.)

-REFTEXT-

REFERENCES IN TEXT

Section 5914 of title 42, referred to in subsec. (a), was omitted

from the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2703 of this title.

-CITE-

15 USC Sec. 2710 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 54 - AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2710. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to carry out the purposes

of this chapter, in addition to any amounts made available for such

purposes pursuant to title I of this Act, the sum of $12,500,000

for the fiscal year ending September 30, 1978.

-SOURCE-

(Pub. L. 95-238, title III, Sec. 312, Feb. 25, 1978, 92 Stat. 83.)

-REFTEXT-

REFERENCES IN TEXT

Title I of this Act, referred to in text, is title I (Sec.

101-107) of Pub. L. 95-238, Feb. 25, 1978, 92 Stat. 47. For

complete classification of this title to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2703 of this title.

-CITE-




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