30 U.S.C.
United States Code, 2011 Edition
Title 30 - MINERAL LANDS AND MINING
CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL
From the U.S. Government Printing Office, www.gpo.gov

CHAPTER 30—NATIONAL CRITICAL MATERIALS COUNCIL

Sec.
1801.
Congressional findings and declaration of purposes.
1802.
Establishment of National Critical Materials Council.
1803.
Responsibilities and authorities of Council.
1804.
Program and policy for advanced materials research and technology.
1805.
Innovation in basic and advanced materials industries.
1806.
Compensation of members and reimbursement.
1807.
Executive Director.
1808.
Responsibilities and duties of Director.
1809.
General authority of Council.
1810.
Authorization of appropriations.
1811.
“Materials” defined.

        

§1801. Congressional findings and declaration of purposes

(a) The Congress finds that—

(1) the availability of adequate supplies of strategic and critical industrial minerals and materials continues to be essential for national security, economic well-being, and industrial production;

(2) the United States is increasingly dependent on foreign sources of materials and vulnerable to supply interruption in the case of many of those minerals and materials essential to the Nation's defense and economic well-being;

(3) together with increasing import dependence, the Nation's industrial base, including the capacity to process minerals and materials, is deteriorating—both in terms of facilities and in terms of a trained labor force;

(4) research, development, and technological innovation, especially related to improved materials and new processing technologies, are important factors which affect our long-term capability for economic competitiveness, as well as for adjustment to interruptions in supply of critical minerals and materials;

(5) while other nations have developed and implemented specific long-term research and technology programs to develop high-performance materials, no such policy and program evolution has occurred in the United States;

(6) establishing critical materials reserves, by both the public and private sectors and with proper organization and management, represents one means of responding to the genuine risks to our economy and national defense from dependency on foreign sources;

(7) there exists no single Federal entity with the authority and responsibility for establishing critical materials policy and for coordinating and implementing that policy; and

(8) the importance of materials to national goals requires an organizational means for establishing responsibilities for materials programs and for the coordination, within and at a suitably high level of the Executive Office of the President, with other existing policies within the Federal Government.


(b) It is the purpose of this chapter—

(1) to establish a National Critical Materials Council under and reporting to the Executive Office of the President which shall—

(A) establish responsibilities for and provide for necessary coordination of critical materials policies, including all facets of research and technology, among the various agencies and departments of the Federal Government, and make recommendations for the implementation of such policies;

(B) bring to the attention of the President, the Congress, and the general public such materials issues and concerns, including research and development, as are deemed critical to the economic and strategic health of the Nation; and

(C) ensure adequate and continuing consultation with the private sector concerning critical materials, materials research and development, use of materials, Federal materials policies, and related matters;


(2) to establish a national Federal program for advanced materials research and technology, including basic phenomena through processing and manufacturing technology; and

(3) to stimulate innovation and technology utilization in basic as well as advanced materials industries.

(Pub. L. 98–373, title II, §202, July 31, 1984, 98 Stat. 1249.)

Short Title

Section 201 of Pub. L. 98–373 provided that: “This title [enacting this chapter] may be cited as the ‘National Critical Materials Act of 1984’.”

§1802. Establishment of National Critical Materials Council

There is hereby established a National Critical Materials Council (hereinafter referred to as the “Council”) under and reporting to the Executive Office of the President. The Council shall be composed of three members who shall be appointed by the President and who shall serve at the pleasure of the President. Members so appointed who are not already Senate-confirmed officers of the Government shall be appointed by and with the advice and consent of the Senate. The President shall designate one of the members to serve as Chairman. Each member shall be a person who, as a result of training, experience, and achievement, is qualified to carry out the duties and functions of the Council, with particular emphasis placed on fields relating to materials policy or materials science and engineering. In addition, at least one of the members shall have a background in and understanding of environmentally related issues.

(Pub. L. 98–373, title II, §203, July 31, 1984, 98 Stat. 1250.)

§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;

(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, §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 (§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, §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.”

1 So in original. Probably should be “materials”.

§1804. Program and policy for advanced materials research and technology

(a) Functions of Council

In addition to the responsibilities described in section 1803 of this title, the Council shall be responsible for coordination with appropriate agencies and departments of the Federal Government relative to Federal materials research and development policies and programs. Such policies and programs shall be consistent with the policies and goals described in the National Materials and Minerals Policy, Research and Development Act of 1980 [30 U.S.C. 1601 et seq.]. In carrying out this responsibility the Council shall—

(1)(A) establish a national Federal program plan for advanced materials research and development, recommend the designation of the key responsibilities for carrying out such research, and to provide 1 for coordination of this plan with the Office of Science and Technology Policy, the Office of Management and Budget, and such other Federal offices and agencies as may be deemed appropriate, and (B) annually review such plan and report thereon to the Congress;

(2) review annually the materials research, development, and technology authorization requests and budgets of all Federal agencies and departments; and in this activity the Council shall make recommendations, in cooperation with the Office of Science and Technology Policy, the Office of Management and Budget, and all other Federal offices and agencies deemed appropriate, to ensure close coordination of the goals and directions of such programs with the policies determined by the Council; and

(3) assist the Office of Science and Technology Policy in the preparation of such long-range materials assessments and reports as may be required by the National Materials and Minerals Policy, Research and Development Act of 1980, and assist other Federal entities in the preparation of analyses and reporting relating to critical and advanced materials.

(b) Review by Office of Management and Budget

The Office of Management and Budget, in reviewing the materials research, development, and technology authorization requests of the various Federal departments and agencies for any fiscal year, and the recommendations of the Council, shall consider all of such requests and recommendations as an integrated, coherent, multiagency request which shall be reviewed by the Office of Management and Budget for its adherence to the national Federal materials program plan in effect for such fiscal year under subsection (a) of this section.

(Pub. L. 98–373, title II, §205, July 31, 1984, 98 Stat. 1251.)

References in Text

The National Materials and Minerals Policy, Research and Development Act of 1980, referred to in subsec. (a), is Pub. L. 96–479, Oct. 21, 1980, 94 Stat. 2305, which is classified generally to chapter 28 (§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.

National Federal Program Plan for Advanced Materials Research and Development

Pub. L. 100–418, title V, §5181, Aug. 23, 1988, 102 Stat. 1454, directed National Critical Materials Council to prepare the national Federal program plan for advanced materials research and development under 30 U.S.C. 1804(a)(1)(A) and to submit such plan to Congress not later than 180 days after Aug. 23, 1988.

1 So in original. Probably should be “and provide”.

§1805. Innovation in basic and advanced materials industries

(a) Centers for Industrial Technology; recommendations for establishment; activities

(1) In order to promote the use of more cost-effective, advanced technology and other means of providing for innovation and increased productivity within the basic and advanced materials industries, the Council shall evaluate and make recommendations regarding the establishment of Centers for Industrial Technology as provided in Public Law 96–480 (15 U.S.C. 3705).

(2) The activities of such Centers shall focus on, but not be limited to, the following generic materials areas: corrosion; welding and joining of materials; advanced processing and fabrication technologies; microfabrication; and fracture and fatigue.

(b) Mechanism for dissemination of data; establishment; computerization

In order to promote better use and innovation of materials in design for improved safety or efficiency, the Council shall establish in cooperation with the appropriate Federal agencies and private industry, an effective mechanism for disseminating materials property data in an efficient and timely manner. In carrying out this responsibility, the Council shall consider, where appropriate, the establishment of a computerized system taking into account, to the maximum extent practicable, existing available resources.

(Pub. L. 98–373, title II, §206, July 31, 1984, 98 Stat. 1252.)

References in Text

Public Law 96–480, referred to in subsec. (a)(1), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, known as the Stevenson-Wydler Technology Innovation Act of 1980, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.

§1806. Compensation of members and reimbursement

(a) Basic pay for levels II and III of Executive Schedule

The Chairman of the Council, if not otherwise a paid officer or employee of the Federal Government, shall be paid at the rate not to exceed the rate of basic pay provided for level II of the Executive Schedule. The other members of the Council, if not otherwise paid officers or employees of the Federal Government, shall be paid at a per diem rate comparable to the rate not to exceed the rate of basic pay provided for level III of the Executive Schedule.

(b) Reimbursement of travel expenses for attendance at meetings

Subject to existing law and regulations governing conflicts of interest, the Council may accept reimbursement from any private nonprofit organization or from any department, agency, or instrumentality of the Federal Government, or from any State or local government, for reasonable travel expenses incurred by any member or employee of the Council in connection with such member's or employee's attendance at any conference, seminar, or similar meeting.

(Pub. L. 98–373, title II, §207, July 31, 1984, 98 Stat. 1252.)

References in Text

Levels II and III of the Executive Schedule, referred to in subsec. (a), are set out in sections 5313 and 5314, respectively, of Title 5, Government Organization and Employees.

§1807. Executive Director

(a) Function, appointment, and compensation

There shall be an Executive Director (hereinafter referred to as the “Director”), who shall be chief administrator of the Council. The Director shall be appointed by the Council full time and shall be paid at the rate not to exceed the rate of basic pay provided for level III of the Executive Schedule.

(b) Personnel and services of experts and consultants; rules and regulations

The Director is authorized—

(1) to employ such personnel as may be necessary for the Council to carry out its duties and functions under this chapter, but not to exceed twelve compensated employees;

(2) to obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5; and

(3) to develop, subject to approval by the Council, rules and regulations necessary to carry out the purposes of this chapter.

(c) Consultation with other groups; utilization of public and private services, facilities, and information

In exercising his responsibilities and duties under this chapter, the Director—

(1) may consult with representatives of academia, industry, labor, State and local governments, and other groups; and

(2) shall utilize to the fullest extent possible the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals.

(d) Utilization of voluntary and uncompensated labor and services

Notwithstanding section 1342 of title 31, the Council may utilize voluntary and uncompensated labor and services in carrying out its duties and functions.

(Pub. L. 98–373, title II, §208, July 31, 1984, 98 Stat. 1253.)

References in Text

Level III of the Executive Schedule, referred to in subsec. (a), is set out in section 5314 of Title 5, Government Organization and Employees.

Codification

In subsec. (d), “section 1342 of title 31” substituted for “section 367(b) of the Revised Statutes (31 U.S.C. 665(b))” on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Personnel Matters

Pub. L. 100–418, title V, §5182, Aug. 23, 1988, 102 Stat. 1454, provided that:

“(a) Requirement To Increase Staff.—Not later than 30 days after the date of the enactment of this Act [Aug. 23, 1988], the Executive Director of the National Critical Materials Council shall increase the number of employees of the Council by the equivalent of 5 full-time employees over the number of employees of the Council on the date of the enactment of this Act.

“(b) Qualifications of Staff.—Not less than the equivalent of 4 full-time employees appointed pursuant to subsection (a) shall be permanent professional employees who have expertise in technical fields that are relevant to the responsibilities of the National Critical Materials Council, such as materials science and engineering, environmental matters, minerals and natural resources, ceramic or composite engineering, metallurgy, and geology.”

§1808. Responsibilities and duties of Director

In carrying out his functions the Director shall assist and advise the Council on policies and programs of the Federal Government affecting critical and advanced materials by—

(1) providing the professional and administrative staff and support for the Council;

(2) assisting the Federal agencies and departments in appraising the effectiveness of existing and proposed facilities, programs, policies, and activities of the Federal Government, including research and development, which affect critical materials availability and needs;

(3) cataloging, as fully as possible, research and development activities of the Government, private industry, and public and private institutions; and

(4) initiating Government and private studies and analyses, including those to be conducted by or under the auspices of the Council, designed to advance knowledge of critical or advanced materials issues and develop alternative proposals, including research and development, to resolve national critical materials problems.

(Pub. L. 98–373, title II, §209, July 31, 1984, 98 Stat. 1253.)

§1809. General authority of Council

The Council is authorized—

(1) to establish such internal rules and regulations as may be necessary for its operation;

(2) to enter into contracts and acquire materials and supplies necessary for its operation to such extent or in such amounts as are provided for in appropriation Acts;

(3) to publish, consistent with title 44, or arrange to publish critical materials information that it deems to be useful to the public and private industry to the extent that such publication is consistent with the national defense and economic interest;

(4) to utilize such services or personnel as may be provided to the Council on a nonreimbursable basis by any agency of the United States; and

(5) to exercise such authorities as may be necessary and incidental to carrying out its responsibilities and duties under this chapter.

(Pub. L. 98–373, title II, §210, July 31, 1984, 98 Stat. 1253; Pub. L. 100–418, title V, §5183, Aug. 23, 1988, 102 Stat. 1454.)

Amendments

1988—Par. (4). Pub. L. 100–418 substituted “nonreimbursable” for “reimbursable”.

§1810. Authorization of appropriations

There are hereby authorized to be appropriated to carry out the provisions of this chapter a sum not to exceed $500,000 for the fiscal year ending September 30, 1985, and such sums as may be necessary thereafter: Provided, That the authority provided for in this chapter shall expire on September 30, 1992, unless otherwise authorized by Congress.

(Pub. L. 98–373, title II, §211, July 31, 1984, 98 Stat. 1254; Pub. L. 100–418, title V, §5184, Aug. 23, 1988, 102 Stat. 1454.)

Amendments

1988—Pub. L. 100–418 substituted “1992” for “1990”.

§1811. “Materials” defined

As used in this chapter, the term “materials” has the meaning given it by section 1601(b) of this title.

(Pub. L. 98–373, title II, §212, July 31, 1984, 98 Stat. 1254.)