15 U.S.C. § 5304 — Operation of program

Page 2188 TITLE 15—COMMERCE AND TRADE § 5303 1 So in original. Probably should be capitalized. (5) ‘‘non-Federal source’’ means the United States metal casting industry, related indus- tries, industry-related associations, individ- uals, organizations, universities, State agen- cies, or other entities supporting the metal casting industry; (6) ‘‘metal casting industry’’ or ‘‘industry’’ means the industries identified by codes num- bered 3321, 3322, 3324, 3325, 3363, 3364, 3365, 3366, and 3369, in the Standard Industrial Classifica- tion manual 1 published by the Office of Man- agement and Budget in 1987; (7) ‘‘Secretary’’ means the Secretary of En- ergy. (Pub. L. 101–425, § 3, Oct. 15, 1990, 104 Stat. 915.) § 5303. Establishment of program The Secretary, acting in accordance with au- thority provided in the Federal Non-Nuclear Re- search and Development Act of 1974 (42 U.S.C. 5901 et seq.), except as otherwise provided in this chapter, shall establish a Metal Casting Com- petitiveness Research Program (hereafter in this chapter referred to as the ‘‘Program’’) for the purpose of performing and promoting the per- formance 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.) Editorial Notes REFERENCES IN TEXT The Federal Non-Nuclear Research and Development Act of 1974, referred to in text, probably means the Fed- eral Nonnuclear Energy Research and Development 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. § 5304. Operation of program (a) Solicitation of proposals Within one year after October 15, 1990, the Sec- retary shall solicit and, subject to available ap- propriations, 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 qualifica- tions: (1) the technical capability to enable it to make use of existing research support and fa- cilities in carrying out its research objectives; (2) a multidisciplinary research staff experi- enced in metal casting or other directly re- lated 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 decid- ing what research activities will be under- taken; (B) how industry will participate in the evaluation of the applicant’s progress in re- search 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 manage- ment 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 mecha- nisms the applicant will use to make available research results to industry and to other re- searchers. (c) Content of management plan The management plan set forth in subsection (b)(3) shall— (1) outline the basic research and develop- ment 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 respon- sibilities; (B) outlining how the coordination of re- search and development between the individ- uals 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 sup- port 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, en- vironmental protection, or industrial pro- ductivity; and (D) other areas of research, which in the judgment of the Secretary, after consulting Page 2189 TITLE 15—COMMERCE AND TRADE § 5307 with the Board established in section 5306 of this title, further the purposes of this chap- ter; (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 sub- ject 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 ap- propriation Acts, the Secretary shall provide to each applicant selected the financial and tech- nical assistance and other incentives that are necessary and appropriate to carry out the pur- poses of this chapter. (f) National Metal Casting Research Institute Each recipient of financial assistance under subsection (d) shall be known as a ‘‘National Metal Casting Research Institute’’. (Pub. L. 101–425, § 5, Oct. 15, 1990, 104 Stat. 916.) § 5305. Review (a) Evaluation of research activities The Secretary shall regularly monitor and evaluate the research activities of the appli- cants selected. After considering the reports of the Board provided for in section 5306(b)(2) of this title, the Secretary shall determine wheth- er each applicant selected has complied with the management plan submitted in the original pro- posal 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 substan- tially failed in the implementation of the man- agement plan and research activities, the Sec- retary shall discontinue funding. (d) Solicitation of new proposals Upon completion or discontinuance of any re- search 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.) § 5306. Industrial Advisory Board (a) Establishment of Board Within 120 days after October 15, 1990, the Sec- retary, after consulting with representatives of trade and technical associations of the metal casting industry, shall establish an Industrial Advisory Board (hereafter in this chapter re- ferred to as the ‘‘Board’’) to provide guidance and oversight in implementing the selection cri- teria and operation of the program. The Board shall be composed of nine members who are se- lected by the Secretary, a majority of whom shall be individuals from the metal casting in- dustry or individuals affiliated with the indus- try. 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 re- appointed 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 Pri- orities. 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 rec- ommendations as to how each such activity can be altered so as to better achieve the pur- poses of this chapter; and (B) review the research activities of each se- lected 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.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, 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 estab- lished by the Congress, its duration is otherwise pro- vided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 5307. Authorization of appropriations 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. (Pub. L. 101–425, § 8, Oct. 15, 1990, 104 Stat. 919; Pub. L. 102–486, title XXI, § 2106(b), Oct. 24, 1992, 106 Stat. 3070.) Editorial Notes 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’’.