15 U.S.C. § 5303 — Establishment 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