-CITE-

15 USC CHAPTER 77 - STEEL AND ALUMINUM ENERGY

CONSERVATION AND TECHNOLOGY COMPETITIVENESS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

.

-HEAD-

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-MISC1-

Sec.

5101. Findings and purposes.

(a) Findings.

(b) Purposes.

5102. Definitions.

5103. Establishment of scientific research and development program

to develop competitive manufacturing technologies and increase

energy efficiency in steel and aluminum industries.

(a) General authority.

(b) Management plan.

(c) Priorities.

(d) Industry participation and review.

5104. Protection of proprietary rights.

(a) Proprietary rights.

(b) Patent rights vested in United States.

5105. Coordination.

5106. Expanded steel and aluminum research program in National

Institute of Standards and Technology.

5107. Reports.

5108. Authorization of appropriations.

(a) To Secretary.

(b) To Institute.

5109. Relation of existing program.

5110. Drug-free workplace.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 13451.

-CITE-

15 USC Sec. 5101 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5101. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) maintaining viable domestic steel, aluminum, copper, and

other metals industries is vital to the national security and

economic well being of the United States; and

(2) the promotion of technology competitiveness and energy

conservation in the American steel and aluminum industries by the

Federal Government through a program of joint research and

development will help maintain viable domestic steel and aluminum

industries.

(b) Purposes

The purposes of this chapter are to -

(1) increase the energy efficiency and enhance the

competitiveness of American steel, aluminum, and copper

industries by providing Federal incentives for the establishment

of public-private sector research and development partnerships to

undertake scientific research and development to develop advanced

technologies utilizing the expertise of the steel, aluminum,

copper, and other metals industries, Government-owned

laboratories of the Department of Energy and the National

Institute of Standards and Technology, universities, State

development agencies, and others; and

(2) continue steel research and development initiative efforts

begun under title II of the Interior and Related Agencies portion

of the joint resolution entitled ''Joint Resolution making

further continuing appropriations for the fiscal year 1986, and

for other purposes'', approved December 19, 1985 (Public Law

99-190).

-SOURCE-

(Pub. L. 100-680, Sec. 2, Nov. 17, 1988, 102 Stat. 4073.)

-REFTEXT-

REFERENCES IN TEXT

Title II of the Interior and Related Agencies portion of the

joint resolution entitled ''Joint Resolution making further

continuing appropriations for the fiscal year 1986, and for other

purposes'', approved December 19, 1985 (Public Law 99-190),

referred to in subsec. (b)(2), is Pub. L. 99-190, Sec. 101(d)

(title II), Dec. 19, 1985, 99 Stat. 1224, 1244. The provisions

relating to steel research and development are not classified to

the Code.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 100-680 provided that: ''This Act (enacting

this chapter) may be cited as the 'Steel and Aluminum Energy

Conservation and Technology Competitiveness Act of 1988'.''

-CITE-

15 USC Sec. 5102 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5102. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''Secretary'' means the Secretary of Energy;

(2) the term ''domestic company'' means a company which is

substantially involved in the United States domestic production,

processing, or use of steel, aluminum, copper, or other metals

and has a substantial percentage of its operations located within

the United States;

(3) the terms ''management plan'' and ''plan'' mean the Steel

Initiative Management Plan issued on April 1, 1987, by the

Department of Energy, which establishes the management framework

for the steel research and development initiative, and updates to

that plan; and

(4) the term ''research plan'' means the Steel Initiative

Research Plan issued in April 1988 by the Department of Energy,

and updates to that plan.

-SOURCE-

(Pub. L. 100-680, Sec. 3, Nov. 17, 1988, 102 Stat. 4073.)

-CITE-

15 USC Sec. 5103 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5103. Establishment of scientific research and development

program to develop competitive manufacturing technologies and

increase energy efficiency in steel and aluminum industries

-STATUTE-

(a) General authority

The Secretary, pursuant to the authority provided under

provisions of the Federal Nonnuclear Research and Development Act

of 1974 (42 U.S.C. 5901, et seq.), shall reestablish an industrial

energy conservation and competitive technology program to conduct

scientific research and development of steel and aluminum

technologies to carry out the purposes of this chapter. Such

program shall provide the financial and technical assistance and

other incentives which, in the judgment of the Secretary, are

necessary to carry out the purposes of this chapter.

(b) Management plan

Within 6 months after November 17, 1988, the Secretary shall

publish an update of the management plan to expand the steel

research and development initiative to include aluminum and to

carry out the purposes of this chapter. The Secretary, from time

to time, may further update the management plan. The management

plan shall be subject to the following conditions:

(1) For newly initiated research and development proposals

submitted under the revised management plan, the non-Federal

financial share shall equal at least 30 percent of the total cost

of any project.

(2) Existing facilities, equipment, supplies, and other

property may be included in the non-Federal share under this

section only when they are directly relevant to the project.

(3) The knowledge resulting from research and development

activities conducted under this chapter shall be developed for

the benefit of the domestic companies who provide financial

resources to the program.

(4) The Secretary, for a period of up to 5 years after the

development of information that -

(A) results from research and development activities

conducted under this chapter; and

(B) would be a trade secret or commercial or financial

information that is privileged or confidential, as described in

section 5104(a) of this title, if the information had been

obtained from a domestic company,

may provide appropriate protections against the dissemination of

such information, including exemption from subchapter II of

chapter 5 of title 5.

(5) The plan shall assure basic research support, for the

research carried out under the research plan, from independent

laboratories, universities, and nonprofit organizations, by

coordinating activities under the research plan with the basic

research efforts of the Department of Energy, such as the Energy

Conversion and Utilization Technologies Program and the Materials

Processing and Sensor and Controls programs within the Office of

Industrial Technologies.

(c) Priorities

Within 6 months after November 17, 1988, the Secretary shall

publish an update of the research plan. In reviewing research and

development activities for possible inclusion in the research plan,

the Secretary shall consider the following:

(1) Steel projects

(A) The direct production of liquid steel from domestic

materials.

(B) The production of near-net shape forms from liquid, powder,

or solid steel.

(C) The development of universal grades of steel.

(D) The application of automatic processing technology.

(E) The removal of residual elements from steel scrap.

(F) The treatment and storage of waste materials and other

byproducts from steel production and processing.

(G) The development of super-plastic steel processing.

(H) The development of advanced coatings for sheet steels.

(I) The development of technologies and equipment related to

the production of steel that enhance the protection of the

environment and the safety and health of workers.

(J) Other steel technologies which, in the judgment of the

Secretary, further the purposes of this chapter.

(2) Aluminum and other projects

(A) The production of aluminum.

(B) The application of automatic processing technology.

(C) The treatment and storage of waste materials and other

byproducts from aluminum production and processing.

(D) The manufacture of aluminum mill products.

(E) Aluminum recycling technologies.

(F) The development of technologies and equipment related to

the production of aluminum that enhance the protection of the

environment and the safety and health of workers.

(G) Aluminum, copper, and other metals technologies which, in

the judgment of the Secretary, further the purposes of this

chapter.

(d) Industry participation and review

The Secretary shall arrange for participation and review by

representatives of each affected industry and by labor in the

updating of the management and research plans and in the evaluation

of the progress of research and development activities for their

industry conducted under this chapter.

-SOURCE-

(Pub. L. 100-680, Sec. 4, Nov. 17, 1988, 102 Stat. 4074; Pub. L.

102-486, title XXI, Sec. 2106(a)(1), Oct. 24, 1992, 106 Stat.

3070.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Nonnuclear Research and Development Act of 1974,

referred to in subsec. (a), probably means the Federal Nonnuclear

Energy Research and Development Act of 1974, 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, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 5901 of Title 42 and

Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (b)(5). Pub. L. 102-486 substituted ''Industrial

Technologies'' for ''Industrial Programs''.

-CITE-

15 USC Sec. 5104 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5104. Protection of proprietary rights

-STATUTE-

(a) Proprietary rights

No trade secrets or commercial or financial information that is

privileged or confidential, under the meaning of section 552(b)(4)

of title 5 which is obtained from a domestic company shall be

disclosed in the conduct of the management plan or research plan,

or as a result of activities under this chapter.

(b) Patent rights vested in United States

All patent rights from inventions developed under the management

plan or the research plan implemented pursuant to this chapter

shall be vested in accordance with section 5908 of title 42.

-SOURCE-

(Pub. L. 100-680, Sec. 5, Nov. 17, 1988, 102 Stat. 4075.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5103 of this title.

-CITE-

15 USC Sec. 5105 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5105. Coordination

-STATUTE-

The Secretary shall coordinate the research and development

conducted under this chapter with other research and development

being conducted by the Department of Energy and other Federal

agencies in order to increase efficiency and avoid duplication of

effort.

-SOURCE-

(Pub. L. 100-680, Sec. 6, Nov. 17, 1988, 102 Stat. 4076.)

-CITE-

15 USC Sec. 5106 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5106. Expanded steel and aluminum research program in National

Institute of Standards and Technology

-STATUTE-

The National Institute of Standards and Technology, through its

Institute for Materials Science and Engineering and, as

appropriate, in coordination with the Department of Energy and

other Federal agencies, shall conduct an expanded program of steel

and aluminum research to provide necessary instrumentation and

measurement research and development in support of activities

conducted under this chapter.

-SOURCE-

(Pub. L. 100-680, Sec. 7, Nov. 17, 1988, 102 Stat. 4076.)

-CITE-

15 USC Sec. 5107 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5107. Reports

-STATUTE-

The Secretary shall prepare and submit annually to the President

and the Congress at the close of each fiscal year a complete report

of the research and development activities carried out under this

chapter during the fiscal year involved, including the actual and

anticipated obligation of funds, for such activities, together with

such recommendations as the Secretary may consider appropriate for

further legislative, administrative, and other actions, including

actions by the American steel, aluminum, copper, and other metals

industries, which should be taken in order to achieve the purposes

of this chapter. The report submitted at the close of fiscal year

1991 shall also contain a complete summary of activities under the

management plan and the research plan from the first year of their

operation, along with an analysis of the extent to which they have

succeeded in accomplishing the purposes of this chapter. The

reports submitted at the close of fiscal years 1993, 1995, and 1997

shall also contain a complete summary of activities under the

management plan and the research plan from the first year of their

operation, along with an analysis of the extent to which they have

succeeded in accomplishing the purposes of this chapter.

-SOURCE-

(Pub. L. 100-680, Sec. 8, Nov. 17, 1988, 102 Stat. 4076; Pub. L.

102-486, title XXI, Sec. 2106(a)(2), Oct. 24, 1992, 106 Stat.

3070.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 inserted sentence at end relating to

reports submitted at the close of fiscal years 1993, 1995, and

1997.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to submitting annual report to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 90 of House

Document No. 103-7.

-CITE-

15 USC Sec. 5108 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5108. Authorization of appropriations

-STATUTE-

(a) To Secretary

(1) There are authorized to be appropriated to the Secretary, to

carry out the functions of the Department of Energy under this

chapter, $2,000,000 for fiscal year 1989, $20,000,000 for fiscal

year 1990, $25,000,000 for fiscal year 1991, $17,968,000 for fiscal

year 1992, and $18,091,000 for each of the fiscal years 1993

through 1997, to be derived from sums authorized under section

13451(e) of title 42.

(2) Funds previously appropriated for the steel research and

development initiative -

(A) under title II of the Interior and Related Agencies portion

of the joint resolution entitled ''Joint Resolution making

further continuing appropriations for the fiscal year 1986, and

for other purposes'', approved December 19, 1985 (Public Law

99-190); or

(B) under subsequent appropriation Acts,

which remain available under the terms of such Acts may be used for

the purposes of this chapter.

(b) To Institute

There are authorized to be appropriated to the Director of the

National Institute of Standards and Technology to carry out the

functions of the Institute under this chapter, $3,000,000 for each

of the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996,

and 1997, to be derived from sums otherwise authorized to be

appropriated to the Institute.

-SOURCE-

(Pub. L. 100-680, Sec. 9, Nov. 17, 1988, 102 Stat. 4076; Pub. L.

102-486, title XXI, Sec. 2106(a)(3), (4), Oct. 24, 1992, 106 Stat.

3070.)

-REFTEXT-

REFERENCES IN TEXT

Title II of the Interior and Related Agencies portion of the

joint resolution entitled ''Joint Resolution making further

continuing appropriations for the fiscal year 1986, and for other

purposes'', approved December 19, 1985 (Public Law 99-190),

referred to in subsec. (a)(2)(A), is Pub. L. 99-190, Sec. 101(d)

(title II), Dec. 19, 1985, 99 Stat. 1224, 1244. The provisions

relating to steel research and development are not classified to

the Code.

-MISC2-

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-486, Sec. 2106(3), substituted

''$25,000,000 for fiscal year 1991, $17,968,000 for fiscal year

1992, and $18,091,000 for each of the fiscal years 1993 through

1997, to be derived from sums authorized under section 13451(e) of

title 42'' for ''and $25,000,000 for fiscal year 1991''.

Subsec. (b). Pub. L. 102-486, Sec. 2106(4), substituted ''1991,

1992, 1993, 1994, 1995, 1996, and 1997, to be derived from sums

otherwise authorized to be appropriated to the Institute'' for

''and 1991''.

-CITE-

15 USC Sec. 5109 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5109. Relation of existing program

-STATUTE-

Proposals received by the Department of Energy before November

17, 1988, may be carried out without regard to changes in the

management plan and research plan required by this chapter.

-SOURCE-

(Pub. L. 100-680, Sec. 10, Nov. 17, 1988, 102 Stat. 4076.)

-CITE-

15 USC Sec. 5110 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 77 - STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 5110. Drug-free workplace

-STATUTE-

(a) No department, agency, or instrumentality of the United

States receiving funds authorized to be appropriated under this

chapter for fiscal year 1989, fiscal year 1990, fiscal year 1991,

fiscal year 1992, fiscal year 1993, fiscal year 1994, fiscal year

1995, fiscal year 1996, and fiscal year 1997, or under any other

Act authorizing appropriations for fiscal year 1989, fiscal year

1990, fiscal year 1991, fiscal year 1992, fiscal year 1993, fiscal

year 1994, fiscal year 1995, fiscal year 1996, and fiscal year

1997, shall obligate or spend any such funds, unless such

department, agency, or instrumentality has in place, and will

continue to administer in good faith, a written policy designed to

ensure that all of its work places are free from the illegal use,

possession, or distribution of controlled substances (as defined in

the Controlled Substances Act (21 U.S.C. 801 et seq.)) by the

officers and employees of such department, agency, or

instrumentality.

(b) No funds so authorized to be appropriated to any such

department, agency, or instrumentality shall be available for

payment in connection with any grant, contract, or other agreement,

unless the recipient of such grant, contract, or party to such

agreement, as the case may be, has in place and will continue to

administer in good faith a written policy, adopted by such

recipient, contractor, or party's board of directors or other

governing authority, satisfactory to the head of the department,

agency, or instrumentality making such payment, designed to ensure

that all of the workplace of such recipient, contractor, or party

are free from the illegal use, possession, or distribution of

controlled substances (as defined in the Controlled Substances Act

(21 U.S.C. 801 et seq.)) by the officers and employees of such

recipient, contractor, or party.

-SOURCE-

(Pub. L. 100-680, Sec. 11, Nov. 17, 1988, 102 Stat. 4077; Pub. L.

102-486, title XXI, Sec. 2106(a)(5), Oct. 24, 1992, 106 Stat.

3070.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in text, is title II

of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which

is classified principally to subchapter I (Sec. 801 et seq.) of

chapter 13 of Title 21, Food and Drugs. For complete classification

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

801 of Title 21 and Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486 substituted ''fiscal year

1991, fiscal year 1992, fiscal year 1993, fiscal year 1994, fiscal

year 1995, fiscal year 1996, and fiscal year 1997'' for ''or fiscal

year 1991'' in two places.

EFFECTIVE DATE

For provision that the provisions of Pub. L. 100-680 relating to

a drug-free workplace shall not be effective until Jan. 16, 1989,

see section 215(c) of Pub. L. 100-685, set out as a Drug-Free

Workplace note under section 2459 of Title 42, The Public Health

and Welfare.

-CITE-