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
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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.)
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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.
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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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