§ 1803. — Responsibilities and authorities of Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1803]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 30--NATIONAL CRITICAL MATERIALS COUNCIL
Sec. 1803. Responsibilities and authorities of Council
(a) Primary responsibilities of Council
It shall be the primary responsibility of the Council--
(1) to assist and advise the President in establishing coherent
national materials policies consistent with other Federal policies,
and making recommendations necessary to implement such policies;
(2) to assist in establishing responsibilities for, and to
coordinate, Federal materials-related policies, programs, and
research and technology activities, as well as recommending to the
Office of Management and Budget budget priorities for materials
activities in each of the Federal departments and agencies;
(3) to review and appraise the various programs and activities
of the Federal Government in accordance with the policy and
directions given in the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C. 1601) [30 U.S.C.
1601 et seq.], and to determine the extent to which such programs
and activities are contributing to the achievement of such policy
and directions;
(4) to monitor and evaluate the critical materials needs of
basic and advanced technology industries and the Government,
including the critical materials research and development needs of
the private and public sectors;
(5) to advise the President of mineral and material \1\ trends,
both domestic and foreign, the implications thereof for the United
States and world economies and the national security, and the
probable effects of such trends on domestic industries;
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\1\ So in original. Probably should be ``materials''.
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(6) to assess through consultation with the materials academic
community the adequacy and quality of materials-related educational
institutions and the supply of materials scientists and engineers;
(7) to make or furnish such studies, analyses, reports, and
recommendations with respect to matters of materials-related policy
and legislation as the President may request;
(8)(A) to prepare a report providing a domestic inventory of
critical materials with projections on the prospective needs of
Government and industry for these materials, including a long-range
assessment, prepared in conjunction with the Office of Science and
Technology Policy in accordance with the National Materials and
Minerals Policy, Research and Development Act of 1980, and in
conjunction with such other Government departments or agencies as
may be considered necessary, of the prospective major critical
materials problems which the United States is likely to confront in
the immediate years ahead and providing advice as to how these
problems may best be addressed, with the first such report being due
on April 1, 1985, and (B) review and update such report and
assessment as appropriate and report thereon to the Congress at
least biennially; and
(9) to recommend to the Congress such changes in current
policies, activities, and regulations of the Federal Government, and
such legislation, as may be considered necessary to carry out the
intent of this chapter and the National Materials and Minerals
Policy, Research and Development Act of 1980.
(b) Specific authorities of Council
In carrying out its responsibilities under this section the Council
shall have the authority--
(1) to establish such special advisory panels as it considers
necessary, with each such panel consisting of representatives of
industry, academia, and other members of the private sector, not to
exceed ten members, and being limited in scope of subject and
duration; and
(2) to establish and convene such Federal interagency committees
as it considers necessary in carrying out the intent of this
chapter.
(c) Collaboration and cooperation of Council and Federal agencies with
responsibilities related to materials
In seeking to achieve the goals of this chapter and related Acts,
the Council and other Federal departments and agencies with
responsibilities or jurisdiction related to materials or materials
policy, including the National Security Council, the Council on
Environmental Quality, the Office of Management and Budget, and the
Office of Science and Technology Policy, shall work collaboratively and
in close cooperation.
(Pub. L. 98-373, title II, Sec. 204, July 31, 1984, 98 Stat. 1250.)
References in Text
The National Materials and Minerals Policy, Research and Development
Act of 1980, referred to in subsec. (a)(3), (8), and (9), is Pub. L. 96-
479, Oct. 21, 1980, 94 Stat. 2305, which is classified generally to
chapter 28 (Sec. 1601 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1601 of this title and Tables.
Review of Research and Development Priorities in Superconductors
Pub. L. 100-418, title V, Sec. 5143, Aug. 23, 1988, 102 Stat. 1446,
provided that:
``(a) National Commission on Superconductivity.--The President shall
appoint a National Commission on Superconductivity to review all major
policy issues regarding United States applications of recent research
advances in superconductors in order to assist the Congress in devising
a national strategy, including research and development priorities, the
development of which will assure United States leadership in the
development and application of superconducting technologies.
``(b) Membership.--The membership of the National Commission on
Superconductivity shall include representatives of--
``(1) the National Critical Materials Council, the National
Academy of Sciences, the National Academy of Engineering, the
National Science Foundation, the National Aeronautics and Space
Administration, the Department of Energy, the Department of Justice,
the Department of Commerce (including the National Institute of
Standards and Technology), the Department of Transportation, the
Department of the Treasury, and the Department of Defense;
``(2) organizations whose membership is comprised of physicists,
engineers, chemical scientists, or material scientists; and
``(3) industries, universities, and national laboratories
engaged in superconductivity research.
``(c) Chairman.--A representative of the private sector shall be
designated as chairman of the Commission.
``(d) Coordination.--The National Critical Materials Council shall
be the coordinating body of the National Commission on Superconductivity
and shall provide staff support for the Commission.
``(e) Report.--Within 6 months after the date of the enactment of
this Act [Aug. 23, 1988], the National Commission on Superconductivity
shall submit a report to the President and the Congress with
recommendations regarding methods of enhancing the research,
development, and implementation of improved superconductor technologies
in all major applications.
``(f) Scope of Review.--In preparing the report required by
subsection (e), the Commission shall consider addressing, but need not
limit, its review to--
``(1) the state of United States competitiveness in the
development of improved superconductors;
``(2) methods to improve and coordinate the collection and
dissemination of research data relating to superconductivity;
``(3) methods to improve and coordinate funding of research and
development of improved superconductors;
``(4) methods to improve and coordinate the development of
viable commercial and military applications of improved
superconductors;
``(5) foreign government activities designed to promote
research, development, and commercial application of improved
superconductors;
``(6) the need to provide increased Federal funding of research
and development of improved superconductors;
``(7) the impact on the United States national security if the
United States must rely on foreign producers of superconductors;
``(8) the benefit, if any, of granting private companies partial
exemptions from United States antitrust laws to allow them to
coordinate research, development, and products containing improved
superconductors;
``(9) options for providing income tax incentives for
encouraging research, development, and production in the United
States of products containing improved superconductors; and
``(10) methods to strengthen domestic patent and trademark laws
to ensure that qualified superconductivity discoveries receive the
fullest protection from infringement.
``(g) Sunset.--The Commission shall disband within a year of its
establishment. Thereafter the National Critical Materials Council may
review and update the report required by subsection (e) and make further
recommendations as it deems appropriate.''
Section Referred to in Other Sections
This section is referred to in section 1804 of this title.