Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988
PL 100-680 (S.2470), enacted 11/17/1988

PUBLIC LAW 100-680—NOV. 17, 1988 
102 STAT. 4073 
Public Law 100-680 
100th Congress 
An Act 
To promote energy conservation and technology competitiveness in the American 
steel and aluminum industries. 
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 "Steel and Aluminum Energy 
Conservation and Technology Competitiveness Act of 1988". 
SEC. 2. 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 Act are to— 
(1) increase the energy efficiency and enhance the competi-
tiveness of American steel, aluminum, and copper industries by 
providing Federal incentives for the establishment of public-
private sector research and development partnerships to under-
take scientific research and development to develop advanced 
technologies utilizing the expertise of the steel, aluminum, 
copper, and other metals industries. Government-owned labora-
tories 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 por-
tion 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). 
SEC. 3. DEFINITIONS. 
As used in this Act— 
(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 
Nov. 17, 1988 
[S. 2470] 
Steel and 
Aluminum 
Enerjgy 
Conservation 
and Technology 
Competitiveness 
Act of 1988. 
Research and 
development. 
15 u s e 5101 
note. 
15 u s e 5101. 
15 u s e 5102. 
102 STAT. 4074 
PUBLIC LAW 100-680—NOV. 17, 1988 
framework for the steel research and development initiative, 
and updates to that plan; and 
(4) the term "research plan" means the Steel Initiative Re-
search Plan issued in April 1988 by the Department of Energy, 
and updates to that plan. 
15 u s e 5103. 
SEC. 4. ESTABLISHMENT OF SCIENTIFIC RESEARCH AND DEVELOPMENT 
PROGRAM TO DEVELOP COMPETITIVE MANUFACTURING TECH-
NOLOGIES AND INCREASE ENERGY EFFICIENCY IN THE STEEL 
AND ALUMINUM INDUSTRIES. 
(a) GENERAL AUTHORITY.—The Secretary, pursuant to the author-
ity provided under provisions of the Federal Nonnuclear Research 
and Development Act of 1974 (42 U.S.C. 5901, et seq.), shall reestab-
lish 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 Act. Such 
program shall provide the financial and technical assistance and 
other incentives which, in the judgment of the Secretary, are nec-
essary to carry out the purposes of this Act. 
(b) MANAGEMENT PLAN.—Within 6 months after the date of enact-
ment of this Act, 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 
Act. 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 Act shall be developed for the 
benefit of the domestic companies who provide financial re-
sources to the program. 
Classified 
(4) The Secretary, for a period of up to 5 years after the 
information. 
development of information that— 
(A) results from research and development activities con-
ducted under this Act; and 
(B) would be a trade secret or commercial or financial 
information that is privileged or confidential, as described 
in section 5(a), 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, United States Code. 
(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 co-
ordinating 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 Programs. 
PUBLIC LAW 100-680—NOV. 17, 1988 
102 STAT. 4075 
(c) PBIORITIES.—^Within 6 months after the date of enactment of 
this Act, the Secretary shall publish an update of the research plan. 
In reviewing research and development activities for possible inclu-
sion 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 technolc^y. 
(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 re-
lated 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 Act 
(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 pro-
cessing. 
(D) The manufacture of aluminum mill products. 
(E) Aluminum recycling technologies. 
(F) The development of technologies and equipment re-
lated 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 technol<^es 
which, in the judgment of the Secretary, further the pur-
poses of this Act. 
(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 pn^ress of research 
and development activities for their industry conducted under this 
Act. 
SEC 5. PROTECTION OF PROPRIETARY RIGHTS. 
15 USC 5104. 
(a) PROPRIETARY RIGHTS.—fio trade secrets or commercial or Classified 
financial information that is privil^ed or confidential, under the information. 
meaning of section 552(bX4) of title 5, United States Code, 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 Act. 
(b) PATENT RIGHTS VESTED IN THE UNITED STATES.—All patent 
rights from inventions developed under the mana^ment plan or the 
research plan implemented pursuant to this Act shall be vested in 
accordance with section 9 of the Federal Nonnuclear Energy Re-
search and Development Act of 1974 (42 U.S.C. 5901). 
102 STAT. 4076 
PUBLIC LAW 100-680—NOV. 17, 1988 
15 use 5105. 
SEC. 6. COORDINATION. 
The Secretary shall coordinate the research and development 
conducted under this Act 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. 
15 use 5106. 
SEC. 7. EXPANDED STEEL AND ALUMINUM RESEARCH PROGRAM IN 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 
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 Act. 
15 use 5107. 
SEC. 8. REPORTS. 
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 Act 
during the fiscal year involved, including the actual and anticipated 
obligation of funds, foiv^iich activities, together with such rec-
ommendations as the Secretary may consider appropriate for fur-
ther legislative, administrative, and other actions, including actions 
by the American steel, aluminum, copper, and other metals indus-
tries, which should be taken in order to achieve the purposes of this 
Act. 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 Act. 
15 u s e 5108. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) To T
H
E SECRETARY.—(1) There are authorized to be appro-
priated to the Secretary, to carry out the functions of the Depart-
ment of Energy under this Act, $2,000,000 for fiscal year 1989, 
$20,000,000 for fiscal year 1990, and $25,000,000 for fiscal year 1991. 
(2) Funds previously appropriated for the steel research and devel-
opment 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 Act. 
fli)) To THE 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 Act, $3,000,000 
for each of the fiscal years 1989,1990, and 1991. 
15 use 5109. 
SEC. 10. RELATION OF EXISTING PROGRAM. 
. Proposals received by the Department of Energy before the date of 
enactment of this Act may be carried out without regard to changes 
in the management plan and research plan required by this Act. 
PUBLIC LAW 100-680—NOV. 17, 1988 
102 STAT. 4077 
SEC. 11. DRUG-FREE WORKPLACE. 
15 USC 5110. 
(a) No department, agency, or instrumentality of the United 
States receiving funds authorized to be appropriated under this Act 
for fiscal year 1989, fiscal year 1990, or Ascal year 1991, or under 
any other Act authorizing appropriations for fiscal year 1989, fiscal 
year 1990, or fiscal year 1991, 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) by the officers and 
employees of such department, agency, or instrumentality. 
(b) No funds so authorized to be appropriated to any such depart-
ment, agency, or instrumentality shsdl 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, posses-
sion, or distribution of controlled substances (as defined in the 
Controlled Substances Act) by the officers and employees of such 
recipient, contractor, or party. 
Approved November 17, 1988. 
LEGISLATIVE HISTORY—S. 2470: 
HOUSE REPORTS: No. 100-1061 (Comm. on Science, Space, and Technology). 
SENATE REPORTS: No. 100-443 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Aug. 9, considered and passed Senate. 
Oct. 12, considered and passed House, amended. 
Oct. 21, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Nov. 17, Presidential statement. 
o