The text of the bill below is as of Nov 19, 1988 (Passed Congress).
PUBLIC LAW 100-697—NOV. 19, 1988 102 STAT. 4613 Public Law 100-697 100th Congress An Act To establish a national Federal program effort in close collaboration with the private sector to develop as rapidly as possible the applications of superconductivity to Nov. 19, 1988 enhance the Nation's economic competitiveness and strategic well-being, and for [H.R. 3048] other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, National Superconductivity SECTION 1. SHORT TITLE. and Competitiveness This Act may be cited as the "National Superconductivity and Act of 1988. Competitiveness Act of 1988". 15 u s e 5201 note. SEC. 2. ^ INDINGS AND PURPOSES. 15 u s e 5201. (a) FINDINGS.—The Congress finds that— (1) recent discoveries of high-temperature superconducting materials could result in significant new applications of these materials in such areas as microelectronics, computers, power systems, transportation, medical imaging, and nuclear fusion, yet most potential applications may well lie beyond our ability to predict them; (2) full application of the new superconductors is expected to require 10 to 20 years, thus calling for long-term commitments by the public and private sector to appropriate research and development programs; (3) the Nation's economic competitiveness and strategic well- being depend greatly on the development and application of critical advanced technologies such as those anticipated to evolve from the new superconducting materials; (4) the United States manufacturing industries confront strong competition in both domestic and world markets as other countries are increasingly taking advantage of modern tech- nology and production techniques and innovative management focused on quality; (5) whereas we have as a Nation been highly successful in the conduct of basic research in a variety of scientific areas, includ- ing superconductivity, other nations have been highly success- ful in the commercial and military application of the results of such fundamental research; (6) if the United States is to begin its competitive advantage, it must commit sufficient long-term resources to solving process- ing and manufacturing problems in parallel with basic research and development; (7) Federal agencies have responded aggressively to this exciting challenge by reprogramming funds to basic superconductivity research while informally coordinating their efforts to avoid unnecessary duplication; and further commit- ment of Federal funding and efforts directed to developing manufacturing, materials processing, and fabrication tech-
102 STAT. 4614 PUBLIC LAW 100-697—NOV. 19, 1988 nologies is essential so that these activities may be conducted in parallel; (8) successful development and application of the new superconducting materials will require close collaboration be- tween the Federal Government and the industrial and academic components of the private sector, as well as coordinating among the Federal departments and agencies involved in research and development on superconductors; (9) a committed Federal program effort with appropriate long- term goals, priorities, and adequate resources is necessary for the rapid development and application of the new super- conducting materials; and (10) a national program should serve as a test of new agency authorities directed at technological competitiveness such as those provided to the Department of Energy. (b) PURPOSES.—The purposes of this Act are— (1) to establish a 5-year national action plan to research and develop new high-temperature superconducting materials with appropriate goals and priorities; (2) to designate the appropriate roles, mechanisms, and responsibilities of various Federal departments and agencies in implementing such a national research and development action plan. 15 u s e 5202. SEC. 3. NATIONAL ACTION PLAN ON SUPERCONDUCTIVITY RESEARCH AND DEVELOPMENT. (a) ESTABLISHMENT.—(1) The Director of the Office of Science and Technology Policy shall establish a 5-year National Action Plan on Advanced Superconductivity Research and Development (herein- after in this Act referred to as the ''Superconductivity Action Plan"). (2) The Office of Science and Technology Policy shall coordinate the development of the Superconductivity Action Plan and any recommendations required by this Act with the National Critical Materials Council and the National Commission on Superconductivity. (b) CONTENT AND SCOPE.—The Superconductivity Action Plan shall include— (1) goals and priorities for advanced superconductivity re- search and development to be carried out by individual depart- ments and agencies and organizational elements therein; (2) the assignment of responsibility for the conduct of ad- vanced superconductivity research and development among the departments, agencies, and organization elements therein; (3) recommendation of proposed funding levels for activities relating to superconductivity of the 5 years following the date of enactment of this Act for each of the participating departments, agencies, and organizational elements therein; and (4) proposals for the participation by industry and academia in the planning and implementation of the Superconductivity Action Plan. (c) ACTION PLAN REPORT.—The Office of Science and Technology Policy, in conjunction with the National Critical Materials Council, shall submit a report detailing the Superconductivity Action Plan to the Committee on Science, Space, and Technology of the House of Representatives, and to the Committees on Energy and Natural
PUBLIC LAW 100-697—NOV. 19, 1988 102 STAT. 4615 Resources, and Commerce, Science, and Transportation of the Senate, within 9 months after the date of enactment of this Act. (d) UPDATE REPORTS.—The Office of Science and Technology Policy, with the assistance of the National Critical Materials Coun- cil as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.), shall prepare an annual report setting forth and evaluating the progress of the Superconductivity Action Plan. This report shall include a description of the amount of funds expended in the previous year by all Federal departments and agencies in- volved with superconductivity. This report shall be submitted with the President's annual budget request to the Committee on Science, Space, and Technology of the House of Representatives, and to the Committees on Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate. SEC. 4. DEPARTMENT OF ENERGY. 15 USC 5203. The Secretary of Energy shall conduct a program in super- conductivity research and development. Within 180 days after the Reports, date of enactment of this Act, and for the two succeeding years thereafter, the Secretary shall submit annual reports on the im- plementation of technology transfer activities under the Stevenson- Wydler Technology Innovation Act of 1980 and related legislation with respect to superconductivity research and development to the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate. Such report shall include recommendations for improvements in the technology transfer between government and industry, and in the management of property developed or made at the National Laboratories. SEC. .5. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 15 USC 5204. In pursuance of the goals of this Act, the National Institute of Standards and Technology shall promote fundamental research and materials standards to accelerate the use and application of the new superconducting materials, and shall utilize the Superconductivity Center Focusing on Electronic Applications at the National Institute of Standards and Technology in Boulder, Colorado. SEC. 6. NATIONAL SCIENCE FOUNDATION. 15 USC 5205. The National Science Foundation shall promote fundamental research in pursuance of the goals of this Act. SEC. 7. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. 15 USC 5206. The National Aeronautics and Space Administration shall utilize existing programs in technology transfer, aeronautics and space technology, and space commercialization to promote the commercial applications of high-temperature superconductors, including ap- plications relating to thin film technology, communications tech- nology, sensors, space power, and propulsion, SEC. 8. THE DEPARTMENT OF DEFENSE. 15 USC 5207. (a) Focus OF RESEARCH.—In conformance with the Super- conductivity Action Plan, the Secretary of Defense, in the superconductivity research and development activities of the Department of Defense, shall give emphasis to fundamental re- search, materials processing, and applications of new super- conducting materials. 19-194 O-91-Part 5 20 : QL 3
102 STAT. 4616 PUBLIC LAW 100-697—NOV. 19, 1988 (b) ADDITIONAL ACTIVITIES.—In conducting research under subsec- tion (a), the Secretary of Defense shall— (1) systematically define the engineering parameters for high- temperature superconducting materials; and (2) conduct the necessary development, engineering, and oper- ational prototype testing considered appropriate to the overall mission of the Department of Defense. Such operational proto- type testing shall, where appropriate, utilize criteria developed by the Defense Advanced Research Projects Agency. (c) DEFENSE ADVANCED RESEARCH PROJECTS AGENCY.—The Direc- tor of the Defense Advanced Research Projects Agency shall, in conformance with the Superconductivity Action Plan, conduct activities to— (1) augment, as appropriate, basic and applied super- conductivity research conducted in other Federal agencies and industry; and (2) develop criteria for operational prototype testing within the Department of Defense. 15 u s e 5208. SEC. 9. INTERNATIONAL COOPERATION. President of U.S. The President, as part of the Superconductivity Action Plan, shall establish a program of international cooperation in the conduct of fundamental and basic research on superconducting materials. Such program of international cooperation shall include the exchange of basic information and data, as well as the development of inter- national standards for the use and application of superconducting materials. 15 u s e 5209. SEC. 10. TECHNOLOGY TRANSFER. (a) PROMOTION.—In pursuance of the goals of this Act, all Federal departments and agencies shall conduct technology transfer activi- ties as appropriate to the overall mission of each department or agency to— (1) complement basic superconductivity research by promot- ing the rapid development of manufacturing and processing technologies necessary for the commercialization of high- temperature superconductors; and (2) promote collaborative arrangements and consortia of in- dustry (which shall include small business) in order to lower the barriers to deployment of advanced high-temperature super- conductor technology; such consortia to also include, as appro- priate, universities and independent research organizations. (b) IMPEDIMENTS TO COMMERCIALIZATION.—The Director of the Office of Science and Technology Policy, in collaboration with the Secretary of Commerce and the Secretary of Energy, shall identify those Federal policies and regulations which impede the ability of the private sector to undertake long-term investment programs to commercialize superconductivity applications. SEC. 11. MANUEL LUJAN, JR. NEUTRON SCATTERING CENTER. (a) RENAMING FACILITY.—The Los Alamos Neutron Scattering Center is hereby redesignated as the "Manuel Lujan, Jr. Neutron Scattering Center".
PUBLIC LAW 100-697—NOV. 19, 1988 102 STAT. 4617 (b) REFERENCES.—Any reference in any law, regulation, map, record, or other document of the United States to the Los Alamos Neutron Scattering Center shall be considered a reference to the "Manuel Lujan, Jr. Neutron Scattering Center". Approved November 19, 1988. LEGISLATIVE HISTORY—H.R. 3048: HOUSE REPORTS: No. 100-900 (Comm. on Science, Space, and Technology). CONGRESSIONAL RECORD, Vol. 134 (1988): Sept. 20, considered and passed House. Oct. 5, considered and passed Senate, amended. Oct. 21, House concurred in certain Senate amendments with an amendment and disagreed to another. Senate receded and concurred in House amendment.