dreamproit/uscode huggingface dataset:
15 U.S.C. § 5101 (COMMERCE AND TRADE)
§ 5101. Findings and purposes
(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).
(Pub. L. 100–680, § 2, Nov. 17, 1988, 102 Stat. 4073.)
heading: References in Text
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, § 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.
heading: Short Title
text: Pub. L. 100–680, § 1, Nov. 17, 1988, 102 Stat. 4073, provided that: “This Act [enacting this chapter] may be cited as the ‘Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988’.”
15 U.S.C. § 5102 (COMMERCE AND TRADE)
§ 5102. Definitions
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.
(Pub. L. 100–680, § 3, Nov. 17, 1988, 102 Stat. 4073.)
15 U.S.C. § 5104 (COMMERCE AND TRADE)
§ 5104. Protection of proprietary rights
(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.
(Pub. L. 100–680, § 5, Nov. 17, 1988, 102 Stat. 4075.)
15 U.S.C. § 5105 (COMMERCE AND TRADE)
§ 5105. Coordination
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.
(Pub. L. 100–680, § 6, Nov. 17, 1988, 102 Stat. 4076.)
15 U.S.C. § 5106 (COMMERCE AND TRADE)
§ 5106. Repealed. Pub. L. 110–229, title VI, § 602(c)(1), May 8, 2008, 122 Stat. 853
text: Section, Pub. L. 100–680, § 7, Nov. 17, 1988, 102 Stat. 4076, related to expanded steel and aluminum research program in the National Institute of Standards and Technology.
15 U.S.C. § 5107 (COMMERCE AND TRADE)
§ 5107. Reports
The Secretary shall prepare and submit annually to the President and the Congress at the close of each fiscal year, beginning with fiscal year 2008, 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.
(Pub. L. 100–680, § 8, Nov. 17, 1988, 102 Stat. 4076; Pub. L. 102–486, title XXI, § 2106(a)(2), Oct. 24, 1992, 106 Stat. 3070; Pub. L. 110–229, title VI, § 602(c)(2), May 8, 2008, 122 Stat. 853.)
heading: Amendments
text: 2008—Pub. L. 110–229 inserted “, beginning with fiscal year 2008,” after “close of each fiscal year”.
1992—Pub. L. 102–486 inserted sentence at end relating to reports submitted at the close of fiscal years 1993, 1995, and 1997.
heading: Termination of Reporting Requirements
text: 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.
15 U.S.C. § 5108 (COMMERCE AND TRADE)
§ 5108. Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this chapter $12,000,000 for each of the fiscal years 2008 through 2012.
(Pub. L. 100–680, § 9, Nov. 17, 1988, 102 Stat. 4076; Pub. L. 102–486, title XXI, § 2106(a)(3), (4), Oct. 24, 1992, 106 Stat. 3070; Pub. L. 110–229, title VI, § 602(a), May 8, 2008, 122 Stat. 853.)
heading: Amendments
text: 2008—Pub. L. 110–229 amended section generally. Prior to amendment, section authorized appropriations to the Secretary and to the Director of the National Institute of Standards and Technology to carry out functions under this chapter.
1992—Subsec. (a)(1). Pub. L. 102–486, § 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, § 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”.
15 U.S.C. § 5109 (COMMERCE AND TRADE)
§ 5109. Relation of existing program
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.
(Pub. L. 100–680, § 10, Nov. 17, 1988, 102 Stat. 4076.)
15 U.S.C. § 5202 (COMMERCE AND TRADE)
§ 5202. National Action Plan on Advanced Superconductivity Research and Development
(a) Establishment
(1) The Director of the Office of Science and Technology Policy shall establish a 5-year National Action Plan on Advanced Superconductivity Research and Development (hereinafter in this chapter referred to as the “Superconductivity Action Plan”).
(2) The Office of Science and Technology Policy shall coordinate the development of the Superconductivity Action Plan and any recommendations required by this chapter with the National Critical Materials Council and the National Commission on Superconductivity.
(b) Content and scope
The Superconductivity Action Plan shall include—
(1) goals and priorities for advanced superconductivity research and development to be carried out by individual departments and agencies and organizational elements therein;
(2) the assignment of responsibility for the conduct of advanced superconductivity research and development among the departments, agencies, and organization elements therein;
(3) recommendation of proposed funding levels for activities relating to superconductivity of the 5 years following November 19, 1988, for each of the participating departments, agencies, and organizational elements therein; and
(4) proposals for the participation by industry and academia in the planning and implementation of the Superconductivity Action Plan.
(c) Action Plan report
The Office of Science and Technology Policy, in conjunction with the National Critical Materials Council, shall submit a report detailing the Superconductivity Action Plan to the Committee on Science, Space, and Technology of the House of Representatives, and to the Committees on Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate, within 9 months after November 19, 1988.
(d) Update reports
The Office of Science and Technology Policy, with the assistance of the National Critical Materials Council as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.), shall prepare an annual report setting forth and evaluating the progress of the Superconductivity Action Plan. This report shall include a description of the amount of funds expended in the previous year by all Federal departments and agencies involved with superconductivity. This report shall be submitted with the President’s annual budget request to the Committee on Science, Space, and Technology of the House of Representatives, and to the Committees on Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate.
(Pub. L. 100–697, § 3, Nov. 19, 1988, 102 Stat. 4614.)
heading: References in Text
text: The National Critical Materials Act of 1984, referred to in subsec. (d), is title II of Pub. L. 98–373, July 31, 1984, 98 Stat. 1248, as amended, which is classified generally to chapter 30 (§ 1801 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 30 and Tables.
15 U.S.C. § 5203 (COMMERCE AND TRADE)
§ 5203. Department of Energy
The Secretary of Energy shall conduct a program in superconductivity research and development. Within 180 days after November 19, 1988, and for the two succeeding years thereafter, the Secretary shall submit annual reports on the implementation of technology transfer activities under the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.] and related legislation with respect to superconductivity research and development to the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate. Such report shall include recommendations for improvements in the technology transfer between government and industry, and in the management of property developed or made at the National Laboratories.
(Pub. L. 100–697, § 4, Nov. 19, 1988, 102 Stat. 4615.)
heading: References in Text
text: The Stevenson-Wydler Technology Innovation Act of 1980, referred to in text, is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.
15 U.S.C. § 5204 (COMMERCE AND TRADE)
§ 5204. National Institute of Standards and Technology
In pursuance of the goals of this chapter, the National Institute of Standards and Technology shall promote fundamental research and materials standards to accelerate the use and application of the new superconducting materials, and shall utilize the Superconductivity Center Focusing on Electronic Applications at the National Institute of Standards and Technology in Boulder, Colorado.
(Pub. L. 100–697, § 5, Nov. 19, 1988, 102 Stat. 4615.)
15 U.S.C. § 5206 (COMMERCE AND TRADE)
§ 5206. National Aeronautics and Space Administration
The National Aeronautics and Space Administration shall utilize existing programs in technology transfer, aeronautics and space technology, and space commercialization to promote the commercial applications of high-temperature superconductors, including applications relating to thin film technology, communications technology, sensors, space power, and propulsion.
(Pub. L. 100–697, § 7, Nov. 19, 1988, 102 Stat. 4615.)
15 U.S.C. § 5207 (COMMERCE AND TRADE)
§ 5207. Department of Defense
(a) Focus of research
In conformance with the Superconductivity Action Plan, the Secretary of Defense, in the superconductivity research and development activities of the Department of Defense, shall give emphasis to fundamental research, materials processing, and applications of new superconducting materials.
(b) Additional activities
In conducting research under subsection (a) of this section, the Secretary of Defense shall—
(1) systematically define the engineering parameters for high-temperature superconducting materials; and
(2) conduct the necessary development, engineering, and operational prototype testing considered appropriate to the overall mission of the Department of Defense. Such operational prototype testing shall, where appropriate, utilize criteria developed by the Defense Advanced Research Projects Agency.
(c) Defense Advanced Research Projects Agency
The Director of the Defense Advanced Research Projects Agency shall, in conformance with the Superconductivity Action Plan, conduct activities to—
(1) augment, as appropriate, basic and applied superconductivity research conducted in other Federal agencies and industry; and
(2) develop criteria for operational prototype testing within the Department of Defense.
(Pub. L. 100–697, § 8, Nov. 19, 1988, 102 Stat. 4615.)
15 U.S.C. § 5208 (COMMERCE AND TRADE)
§ 5208. International cooperation
The President, as part of the Superconductivity Action Plan, shall establish a program of international cooperation in the conduct of fundamental and basic research on superconducting materials. Such program of international cooperation shall include the exchange of basic information and data, as well as the development of international standards for the use and application of superconducting materials.
(Pub. L. 100–697, § 9, Nov. 19, 1988, 102 Stat. 4616.)
15 U.S.C. § 5209 (COMMERCE AND TRADE)
§ 5209. Technology transfer
(a) Promotion
In pursuance of the goals of this chapter, all Federal departments and agencies shall conduct technology transfer activities as appropriate to the overall mission of each department or agency to—
(1) complement basic superconductivity research by promoting the rapid development of manufacturing and processing technologies necessary for the commercialization of high-temperature superconductors; and
(2) promote collaborative arrangements and consortia of industry (which shall include small business) in order to lower the barriers to deployment of advanced high-temperature superconductor technology; such consortia to also include, as appropriate, universities and independent research organizations.
(b) Impediments to commercialization
The Director of the Office of Science and Technology Policy, in collaboration with the Secretary of Commerce and the Secretary of Energy, shall identify those Federal policies and regulations which impede the ability of the private sector to undertake long-term investment programs to commercialize superconductivity applications.
(Pub. L. 100–697, § 10, Nov. 19, 1988, 102 Stat. 4616.)
15 U.S.C. § 5301 (COMMERCE AND TRADE)
§ 5301. Findings
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.
(Pub. L. 101–425, § 2, Oct. 15, 1990, 104 Stat. 915.)
heading: Short Title
text: Pub. L. 101–425, § 1, Oct. 15, 1990, 104 Stat. 915, provided that: “This Act [enacting this chapter] may be cited as the ‘Department of Energy Metal Casting Competitiveness Research Act of 1990’.”
15 U.S.C. § 5302 (COMMERCE AND TRADE)
§ 5302. Definitions
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 1 published by the Office of Management and Budget in 1987;
(7) “Secretary” means the Secretary of Energy.
(Pub. L. 101–425, § 3, Oct. 15, 1990, 104 Stat. 915.)
15 U.S.C. § 5303 (COMMERCE AND TRADE)
§ 5303. Establishment of program
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.
(Pub. L. 101–425, § 4, Oct. 15, 1990, 104 Stat. 916.)
heading: References in Text
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 (§ 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.
15 U.S.C. § 5305 (COMMERCE AND TRADE)
§ 5305. Review
(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.
(Pub. L. 101–425, § 6, Oct. 15, 1990, 104 Stat. 918.)
15 U.S.C. § 5306 (COMMERCE AND TRADE)
§ 5306. Industrial Advisory Board
(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.
(Pub. L. 101–425, § 7, Oct. 15, 1990, 104 Stat. 918.)
heading: Termination of Advisory Boards
text: 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.