Page:United States Statutes at Large Volume 94 Part 3.djvu/185

 PUBLIC LAW 96-512—DEC. 12, 1980

94 STAT. 2829

age and dispensing facilities (A) by providing necessary financial or technical assistance for the construction, modification, or operation of motor vehicles to be methane-fueled for practical use or of methane transmission, storage and dispensing facilities, and (B) by entering into agreements or arrangements with other entities, governmental and nongovernmental, for the demonstration of such vehicles and facilities; (5) gather performance data, including but not limited to emissions data, on methane-fueled vehicles and related transmission and storage facilities; (6) determine that the participants in each demonstration assisted under this Act have made satisfactory arrangements to obtain an adequate supply of methane for vehicular use in the project; (7) ascertain the need for modifications in available methanefueled vehicles to improve their efficiency and performance and to facilitate their widespread use by fleet owners; and Report to (8) ascertain and report to the Congress on any changes in fuel Congress. supply patterns, tax policies, and standards governing the manufacture of vehicles which are needed to facilitate the manufacture and use of methane-fueled vehicles. (d)(1) The Secretary of Energy shall insure that the conduct of the research and development program of this Act— (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 regulations, within 60 days after the date of the enactment of this Act, 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 Certifications, availability to Science and Technology of the House of Representatives and the congressional Committee on Energy and Natural Resources of the Senate. The committees. provisions of chapter 5 of title 5, United States Code, shall not apply 5 USC 500 et seq. 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, United States Code, and section 17 of the Federal Nonnuclear Energy Research and Development Act of 1974, as 42 USC 5916. amended, shall apply to public disclosure of such certifications. (4) The Secretary of Energy also shall include in the report required by section 9 of this Act 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

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