15 U.S.C. § 5103 — Establishment of scientific research and

Page 2182 TITLE 15—COMMERCE AND TRADE § 5102 (1) increase the energy efficiency and en- hance the competitiveness of American steel, aluminum, and copper industries by providing Federal incentives for the establishment of public-private sector research and develop- ment partnerships to undertake scientific re- search and development to develop advanced technologies utilizing the expertise of the steel, aluminum, copper, and other metals in- dustries, Government-owned laboratories of the Department of Energy and the National Institute of Standards and Technology, uni- versities, State development agencies, and others; and (2) continue steel research and development initiative efforts begun under title II of the In- terior 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.) Editorial Notes REFERENCES IN TEXT Title II of the Interior and Related Agencies portion of the joint resolution entitled ‘‘Joint Resolution mak- ing 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. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 100–680, § 1, Nov. 17, 1988, 102 Stat. 4073, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988’.’’ § 5102. Definitions As used in this chapter— (1) the term ‘‘Secretary’’ means the Sec- retary of Energy; (2) the term ‘‘domestic company’’ means a company which is substantially involved in the United States domestic production, proc- essing, 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 Depart- ment of Energy, which establishes the man- agement 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.) § 5103. Establishment of scientific research and development program to develop competitive manufacturing technologies and increase en- ergy efficiency in steel and aluminum indus- tries (a) General authority The Secretary, pursuant to the authority pro- vided under provisions of the Federal Non- nuclear Research and Development Act of 1974 (42 U.S.C. 5901, et seq.), shall reestablish an in- dustrial energy conservation and competitive technology program to conduct scientific re- search and development of steel and aluminum technologies to carry out the purposes of this chapter. Such program shall provide the finan- cial and technical assistance and other incen- tives 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 man- agement 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 up- date the management plan. The management plan shall be subject to the following conditions: (1) For newly initiated research and develop- ment 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 finan- cial 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 ob- tained from a domestic company, may provide appropriate protections against the dissemination of such information, includ- ing exemption from subchapter II of chapter 5 of title 5. (5) The plan shall assure basic research sup- port, for the research carried out under the re- search plan, from independent laboratories, universities, and nonprofit organizations, by coordinating activities under the research plan with the basic research efforts of the De- partment of Energy, such as the Energy Con- version and Utilization Technologies Program and the Materials Processing and Sensor and Controls programs within the Office of Indus- trial Technologies. (c) Priorities Within 6 months after November 17, 1988, the Secretary shall publish an update of the re- Page 2183 TITLE 15—COMMERCE AND TRADE § 5107 search plan. In reviewing research and develop- ment activities for possible inclusion in the re- search plan, the Secretary shall consider the fol- lowing: (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 ma- terials and other byproducts from steel pro- duction and processing. (G) The development of super-plastic steel processing. (H) The development of advanced sheet and bar steels. (I) The development of technologies and equipment related to the production of steel that enhance the protection of the environ- ment and the safety and health of workers. (J) Other steel technologies which, in the judgment of the Secretary, further the pur- poses of this chapter. (K) The development of technologies which reduce greenhouse gas emissions. (2) Aluminum and other projects (A) The production of aluminum. (B) The application of automatic processing technology. (C) The treatment and storage of waste ma- terials and other byproducts from aluminum production and processing. (D) The manufacture of aluminum mill prod- ucts. (E) Aluminum recycling technologies. (F) The development of technologies and equipment related to the production of alu- minum that enhance the protection of the en- vironment and the safety and health of work- ers. (G) Aluminum, copper, and other metals technologies which, in the judgment of the Secretary, further the purposes of this chap- ter. (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 eval- uation of the progress of research and develop- ment activities for their industry conducted under this chapter. (Pub. L. 100–680, § 4, Nov. 17, 1988, 102 Stat. 4074; Pub. L. 102–486, title XXI, § 2106(a)(1), Oct. 24, 1992, 106 Stat. 3070; Pub. L. 110–229, title VI, § 602(b), May 8, 2008, 122 Stat. 853.) Editorial Notes 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 Develop- ment Act of 1974, Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, 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. AMENDMENTS 2008—Subsec. (c)(1)(H). Pub. L. 110–229, § 602(b)(1), sub- stituted ‘‘sheet and bar steels’’ for ‘‘coatings for sheet steels’’. Subsec. (c)(1)(K). Pub. L. 110–229, § 602(b)(2), added sub- par. (K). 1992—Subsec. (b)(5). Pub. L. 102–486 substituted ‘‘In- dustrial Technologies’’ for ‘‘Industrial Programs’’. § 5104. Protection of proprietary rights (a) Proprietary rights No trade secrets or commercial or financial in- formation 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 manage- ment plan or research plan, or as a result of ac- tivities 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.) § 5105. Coordination The Secretary shall coordinate the research and development conducted under this chapter with other research and development being con- ducted 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.) § 5106. Repealed. Pub. L. 110–229, title VI, § 602(c)(1), May 8, 2008, 122 Stat. 853 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. § 5107. Reports The Secretary shall prepare and submit annu- ally 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, includ- ing the actual and anticipated obligation of funds, for such activities, together with such recommendations as the Secretary may consider appropriate for further legislative, administra- tive, 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 oper- ation, along with an analysis of the extent to which they have succeeded in accomplishing the purposes of this chapter. The reports submitted