Department of Energy Metal Casting Competitiveness Research Act of 1990
PL 101-425 (H.R.1243), enacted 10/15/1990

PUBLIC LAW 101-425—OCT. 15, 1990 
104 STAT. 915 
Public Law 101-425 
101st Congress 
An Act 
To require the Secretary of Energy to establish Centers for Metal Casting Competi-
tiveness Research. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Department of Energy Metal 
Casting Competitiveness Research Act of 1990". 
SEC. 2. 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 provid-
ing 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. 
SEC. 3. DEFINITIONS. 
As used in this Act, the term— 
(1) "applicant" means: 
(A) an educational institution; 
(B) a consortium of educational institutions; 
(C) a consortium of an educational institution or edu-
cational institutions with one or more of the following: 
Government-owned laboratories, private research organiza-
tions, 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 
Oct. 15, 1990 
[H.R. 1243] 
Department of 
Energy Metal 
Casting 
Competitiveness 
Research Act of 
1990. 
Science and 
technology. 
15 u s e 5301 
note. 
15 u s e 5301. 
15 u s e 5302. 
49-139 O - 90 (426) 
104 STAT. 916 
PUBLIC LAW 101-425—OCT. 15, 1990 
census regions by the Bureau of the Census as of the date of 
enactment of this Act; 
(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 associa-
tions, individuals, organizations, universities. State agencies, or 
other entities supporting the metal casting industry; 
(6) "metal casting industry" or "industry" means the indus-
tries identified by codes numbered 3321, 3322, 3324, 3325, 3363, 
3364, 3365, 3366, and 3369, in the Standard Industrial Classifica-
tion manual published by the Office of Management and Budget 
in 1987; 
(7) "Secretary" means the Secretary of Energy. 
15 use 5303. 
SEC. 4. 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 £is otherwise provided in this Act, shall 
establish a Metal Casting Competitiveness Research Program (here-
after in this Act referred to as the "Program") for the purpose of 
performing and promoting the performance of research and develop-
ment on issues related to the technology competitiveness and energy 
efficiency of the United States metal casting industry. 
15 use 5304. 
SEC. 5. OPERATION OF PROGRAM. 
(a) SOLICITATION OF PROPOSALS.—Within one year after the date 
of enactment of this Act, the Secretary shall solicit and, subject to 
available appropriations, select proposals on a competitive basis 
from applicants to carry out the program under section 4. 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 carrjdng 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-Fed-
eral sources, which shall consist of: 
(A) cash, or 
(B) as determined by the Secretary, the fair market 
value of equipment, services, materials, appropriate tech-
PUBLIC LAW 101-425—OCT. 15, 1990 
104 STAT. 917 
nology 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 5(b)(3) 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 activi-
ties will take place; and 
(4) define the overall program management and direction 
b y -
(A) identifying managerial, organizational and adminis-
trative 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 imple-
mentations 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 effi-
ciency, 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 7, further the purposes of this Act; 
(2) represent research and development in specific areas 
identified in the "Metal Casting Research Priorities" developed 
annually by the Board pursuant to subsection 7(bXl); 
(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 Act. 
104 STAT. 918 
PUBLIC LAW 101-425—OCT. 15, 1990 
(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 Act. 
(f) NATIONAL METAL CASTING RESEARCH INSTITUTE.—Each recipi-
ent of financial assistance under subsection (d) shall be known as a 
"National Metal Casting Research Institute". 
15 use 5305. 
SEC. 6. 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 pro-
vided for in subsection 7(b)(2), 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 dis-
continue funding. 
(d) SOLICITATION OF NEW PROPOSALS.—Upon completion or dis-
continuance of any research activity authorized in section 5, the 
Secretary shall, using available funds appropriated pursuant to this 
Act, solicit new research proposals as set forth under the terms of 
this Act. 
15 use 5306. 
SEC. 7. INDUSTRIAL ADVISORY BOARD. 
(a) ESTABLISHMENT OF BOARD.—Within 120 days after the date of 
the enactment of this Act the Secretary, after consulting with 
representatives of trade and technical associations of the metal 
casting industry, shall establish an Industrial Advisory Board (here-
after in this Act 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 the date of the enactment of this 
Act and annually thereafter, the Board shall develop from the 
general research areas identified in section 5(d) 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 
PUBLIC LAW 101-425—OCT. 15, 1990 
104 STAT. 919 
each such activity can be altered so as to better achieve the 
purposes of this Act; and 
(B) review the research activities of each selected Reports, 
applicant, and the selected applicant's management plan, 
and report its findings and recommendations to the Sec-
retary. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
15 USC 5307. 
There are authorized to be appropriated to the Secretary for 
carrjdng out this Act $5,000,000 for each of the fiscal years 1991, 
1992, and 1993. 
SEC. 9. PROTECTION OF PROPRIETARY RIGHTS. 
15 USC 5308. 
(a) PROPRIETARY RIGHTS.—No trade secrets or commercial or 
financial information that is privileged or confidential, under the 
^ 
meaning of section 55203X4) of title 5, United States Code, which is 
obtained from a company as a result of activities under this Act 
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 con-
ducted under this Act; and 
(2) would be a trade secret or commercial or financial 
information that is privileged or confidential, under the mean-
ing of section 5520t)X4) of title 5, United States Code, 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 chap-
ter 5 of title 5, United States Code. 
(c) PATENT RIGHTS.—With respect to patent rights, the In-
stitutes shall be treated in the same manner as are nonprofit 
organizations and small business firms under chapter 18 of title 35, 
United States Code, notwithstanding any provisions to the contrary 
contained in that chapter. 
SEC. 10. REPORTING. 
15 USC 5309. 
At the time the President's annual budget request for the 
Department is submitted, the Secretary shall provide to Congress a 
detailed review of the progress of the research and development 
activities authorized under this Act. 
Approved October 15, 1990. 
LEGISLATIVE HISTORY—H.R. 1243: 
HOUSE REPORTS: No. 101-410 (Comm. on Science, Space, and Technology). 
SENATE REPORTS: No. 101-258 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Mar. 6, considered and passed House. 
Apr. 3, considered and passed Senate, amended. 
Sept. 24, House agreed to Senate amendment with amendments. 
Sept. 28, Senate concurred in House amendments.