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15 USC CHAPTER 79 - METAL CASTING COMPETITIVENESS

RESEARCH PROGRAM 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

.

-HEAD-

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec.

5301. Findings.

5302. Definitions.

5303. Establishment of program.

5304. Operation of program.

(a) Solicitation of proposals.

(b) Proposal criteria.

(c) Content of management plan.

(d) Selection of proposals.

(e) Funding of program.

(f) National Metal Casting Research Institute.

5305. Review.

(a) Evaluation of research activities.

(b) Annual report.

(c) Discontinuation of funding.

(d) Solicitation of new proposals.

5306. Industrial Advisory Board.

(a) Establishment of Board.

(b) Review and recommendations.

5307. Authorization of appropriations.

5308. Protection of proprietary rights.

(a) Proprietary rights.

(b) Commercial information.

(c) Patent rights.

5309. Omitted.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 13451.

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15 USC Sec. 5301 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5301. Findings

-STATUTE-

The Congress finds that -

(1) metal casting is an important process for manufacturing

many items imported into or exported from the United States;

(2) the encouragement and maintenance of a technically advanced

United States metal casting industry is essential to the

competitiveness of many American industries;

(3) maintaining a viable metal casting industry is vital to the

national security and economic well being of the United States;

(4) the promotion of technology competitiveness and energy

efficiency in the United States metal casting industry by the

Federal Government is necessary to maintain a viable metal

casting industry;

(5) many metal casting companies lack the resources to conduct

metal casting research alone, placing them at a serious

competitive disadvantage;

(6) the support of university-based research in metal casting

is important in promoting technology development and providing

industry with qualified engineers; and

(7) by combining the resources of the Federal Government,

universities, industry, and private organizations, to conduct

research and development activities, substantial technological

benefits will result to the metal casting industry.

-SOURCE-

(Pub. L. 101-425, Sec. 2, Oct. 15, 1990, 104 Stat. 915.)

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SHORT TITLE

Section 1 of Pub. L. 101-425 provided that: ''This Act (enacting

this chapter) may be cited as the 'Department of Energy Metal

Casting Competitiveness Research Act of 1990'.''

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15 USC Sec. 5302 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5302. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''applicant'' means:

(A) an educational institution;

(B) a consortium of educational institutions;

(C) a consortium of an educational institution or educational

institutions with one or more of the following:

Government-owned laboratories, private research organizations,

nonprofit institutions, or private firms;

that is located in a region where the metal casting industry is

concentrated;

(2) ''census region'' means one of the four census regions

(Northeast, South, Midwest, and West) that are designated as

census regions by the Bureau of the Census as of October 15,

1990;

(3) ''Department'' means the Department of Energy;

(4) ''educational institution'' means a degree granting

institution of at least a baccalaureate level;

(5) ''non-Federal source'' means the United States metal

casting industry, related industries, industry-related

associations, individuals, organizations, universities, State

agencies, or other entities supporting the metal casting

industry;

(6) ''metal casting industry'' or ''industry'' means the

industries identified by codes numbered 3321, 3322, 3324, 3325,

3363, 3364, 3365, 3366, and 3369, in the Standard Industrial

Classification manual (FOOTNOTE 1) published by the Office of

Management and Budget in 1987;

(FOOTNOTE 1) So in original. Probably should be capitalized.

(7) ''Secretary'' means the Secretary of Energy.

-SOURCE-

(Pub. L. 101-425, Sec. 3, Oct. 15, 1990, 104 Stat. 915.)

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15 USC Sec. 5303 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5303. Establishment of program

-STATUTE-

The Secretary, acting in accordance with authority provided in

the Federal Non-Nuclear Research and Development Act of 1974 (42

U.S.C. 5901 et seq.), except as otherwise provided in this chapter,

shall establish a Metal Casting Competitiveness Research Program

(hereafter in this chapter referred to as the ''Program'') for the

purpose of performing and promoting the performance of research and

development on issues related to the technology competitiveness and

energy efficiency of the United States metal casting industry.

-SOURCE-

(Pub. L. 101-425, Sec. 4, Oct. 15, 1990, 104 Stat. 916.)

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REFERENCES IN TEXT

The Federal Non-Nuclear Research and Development Act of 1974,

referred to in text, 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.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5304 of this title.

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15 USC Sec. 5304 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5304. Operation of program

-STATUTE-

(a) Solicitation of proposals

Within one year after October 15, 1990, the Secretary shall

solicit and, subject to available appropriations, select proposals

on a competitive basis from applicants to carry out the program

under section 5303 of this title. In order for a proposal to be

considered by the Secretary, the applicant shall have in existence

at the time the proposal is submitted the following qualifications:

(1) the technical capability to enable it to make use of

existing research support and facilities in carrying out its

research objectives;

(2) a multidisciplinary research staff experienced in metal

casting or other directly related technologies; and

(3) the facilities and equipment capable of conducting at least

laboratory scale testing or demonstration of metal casting or

related processes.

(b) Proposal criteria

Each proposal shall -

(1) demonstrate the support of the metal casting industry by

describing -

(A) how industry has participated in deciding what research

activities will be undertaken;

(B) how industry will participate in the evaluation of the

applicant's progress in research and development activities;

and

(C) the extent to which industry funds are committed to the

applicant's proposal;

(2) have a commitment for matching funds from non-Federal

sources, which shall consist of:

(A) cash, or

(B) as determined by the Secretary, the fair market value of

equipment, services, materials, appropriate technology transfer

activities, and other assets directly related to the proposal's

cost;

(3) include a single or multiyear management plan that outlines

how the research and development activities will be administered

and carried out;

(4) state the annual cost of the proposal and a breakdown of

those costs; and

(5) describe the technology transfer mechanisms the applicant

will use to make available research results to industry and to

other researchers.

(c) Content of management plan

The management plan set forth in subsection (b)(3) of this

section shall -

(1) outline the basic research and development activities

expected to be performed;

(2) outline who will conduct those research activities;

(3) establish the time frame over which the research activities

will take place; and

(4) define the overall program management and direction by -

(A) identifying managerial, organizational and administrative

procedures and responsibilities;

(B) outlining how the coordination of research and

development between the individuals and organizations involved

will be achieved;

(C) demonstrating how implementation and monitoring of the

progress of research projects after receipt of funding from the

Secretary will be achieved;

(D) demonstrating how recommendations and implementations on

modifications to the plan will be achieved; and

(E) providing sufficient rationale to support the plan's

costs.

(d) Selection of proposals

From the proposals submitted, the Secretary shall select

proposals for funding. The Secretary shall attempt to select at

least four proposals. The Secretary shall select the proposals

that -

(1) will best result in carrying out needed metal casting

research and development in one or more of the following general

areas -

(A) solidification and casting technologies;

(B) computational modeling and design;

(C) processing technologies and design for energy efficiency,

material conservation, environmental protection, or industrial

productivity; and

(D) other areas of research, which in the judgment of the

Secretary, after consulting with the Board established in

section 5306 of this title, further the purposes of this

chapter;

(2) represent research and development in specific areas

identified in the ''Metal Casting Research Priorities'' developed

annually by the Board pursuant to section 5306(b)(1) of this

title;

(3) to the greatest extent possible and subject to available

appropriations, ensure that at least one applicant is selected

from each of the four census regions of the country where the

metal casting industry is concentrated;

(4) demonstrate strong industry support;

(5) ensure the timely transfer of technology to industry; and

(6) otherwise best carry out the purposes of this chapter.

(e) Funding of program

From amounts made available in separate appropriation Acts, the

Secretary shall provide to each applicant selected the financial

and technical assistance and other incentives that are necessary

and appropriate to carry out the purposes of this chapter.

(f) National Metal Casting Research Institute

Each recipient of financial assistance under subsection (d) of

this section shall be known as a ''National Metal Casting Research

Institute''.

-SOURCE-

(Pub. L. 101-425, Sec. 5, Oct. 15, 1990, 104 Stat. 916.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5305, 5306 of this title.

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15 USC Sec. 5305 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5305. Review

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(a) Evaluation of research activities

The Secretary shall regularly monitor and evaluate the research

activities of the applicants selected. After considering the

reports of the Board provided for in section 5306(b)(2) of this

title, the Secretary shall determine whether each applicant

selected has complied with the management plan submitted in the

original proposal and any modifications made since.

(b) Annual report

Each selected applicant in the program shall provide an annual

report to the Secretary that explains the progress made, compliance

with the management plan, whether changes are needed and are being

made to the management plan, and what new research is planned.

(c) Discontinuation of funding

In the event a selected applicant has substantially failed in the

implementation of the management plan and research activities, the

Secretary shall discontinue funding.

(d) Solicitation of new proposals

Upon completion or discontinuance of any research activity

authorized in section 5304 of this title, the Secretary shall,

using available funds appropriated pursuant to this chapter,

solicit new research proposals as set forth under the terms of this

chapter.

-SOURCE-

(Pub. L. 101-425, Sec. 6, Oct. 15, 1990, 104 Stat. 918.)

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15 USC Sec. 5306 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5306. Industrial Advisory Board

-STATUTE-

(a) Establishment of Board

Within 120 days after October 15, 1990, the Secretary, after

consulting with representatives of trade and technical associations

of the metal casting industry, shall establish an Industrial

Advisory Board (hereafter in this chapter referred to as the

''Board'') to provide guidance and oversight in implementing the

selection criteria and operation of the program. The Board shall

be composed of nine members who are selected by the Secretary, a

majority of whom shall be individuals from the metal casting

industry or individuals affiliated with the industry. At least one

member of the Board shall be chosen from each of the four census

regions of the country. Each Board member shall serve for a term

not to exceed five years, but may be reappointed for successive

terms.

(b) Review and recommendations

(1) Within 180 days after October 15, 1990, and annually

thereafter, the Board shall develop from the general research areas

identified in section 5304(d) of this title and submit to the

Secretary a list of Metal Casting Research Priorities. Such list

shall, to the greatest extent possible, identify specific areas of

research that would be considered of a priority nature to the

United States metal casting industry.

(2) On an annual basis the Board shall -

(A) review the Secretary's solicitation and selection of

research proposals and make recommendations as to how each such

activity can be altered so as to better achieve the purposes of

this chapter; and

(B) review the research activities of each selected applicant,

and the selected applicant's management plan, and report its

findings and recommendations to the Secretary.

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(Pub. L. 101-425, Sec. 7, Oct. 15, 1990, 104 Stat. 918.)

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TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5304, 5305 of this title.

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15 USC Sec. 5307 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5307. Authorization of appropriations

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There are authorized to be appropriated to the Secretary for

carrying out this chapter $5,000,000 for each of the fiscal years

1991, 1992, 1993, 1994, 1995, 1996, and 1997, to be derived from

such sums as are otherwise authorized under section 13451(e) of

title 42.

-SOURCE-

(Pub. L. 101-425, Sec. 8, Oct. 15, 1990, 104 Stat. 919; Pub. L.

102-486, title XXI, Sec. 2106(b), Oct. 24, 1992, 106 Stat. 3070.)

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AMENDMENTS

1992 - Pub. L. 102-486 substituted ''1993, 1994, 1995, 1996, and

1997, to be derived from such sums as are otherwise authorized

under section 13451(e) of title 42'' for ''and 1993''.

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15 USC Sec. 5308 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5308. 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 company as a result of

activities under this chapter shall be disclosed.

(b) Commercial information

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

development of information that -

(1) results from research and development activities conducted

under this chapter; and

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

information that is privileged or confidential, under the meaning

of section 552(b)(4) of title 5, if the information had been

obtained from a company,

may provide appropriate protection against the dissemination of

such information, including exemption from subchapter II of chapter

5 of title 5.

(c) Patent rights

With respect to patent rights, the Institutes shall be treated in

the same manner as are nonprofit organizations and small business

firms under chapter 18 of title 35, notwithstanding any provisions

to the contrary contained in that chapter.

-SOURCE-

(Pub. L. 101-425, Sec. 9, Oct. 15, 1990, 104 Stat. 919.)

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15 USC Sec. 5309 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 79 - METAL CASTING COMPETITIVENESS RESEARCH PROGRAM

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Sec. 5309. Omitted

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CODIFICATION

Section, Pub. L. 101-425, Sec. 10, Oct. 15, 1990, 104 Stat. 919,

which required, at the time the President's annual budget request

for the Department is submitted, that the Secretary provide to

Congress a detailed review of the progress of the research and

development activities authorized under this chapter, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 84 of House Document No. 103-7.

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