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 Nov. 17, 1988 steel and aluminum industries. [S. 2470] Be it enacted by the Senate and House of Representatives of the Steel and United States of America in Congress assembled, Aluminum Enerjgy SECTION 1. SHORT TITLE. Conservation and Technology This Act may be cited as the "Steel and Aluminum Energy Competitiveness Conservation and Technology Competitiveness Act of 1988". Act of 1988. Research and SEC. 2. FINDINGS AND PURPOSES. development. 15 u s e 5101 (a) FINDINGS.—The Congress finds that— note. (1) maintaining viable domestic steel, aluminum, copper, and 15 u s e 5101. 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. 15 u s e 5102. 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
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) A L U M I N U M 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 u s e 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 u s e 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 u s e 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 THE 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 u s e 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