Pub. L. 101-189, div. A, tit. VIII, pt. E, sec. 841
CRITICAL TECHNOLOGIES PLANNING
SEC. 841. CRITICAL TECHNOLOGIES PLANNING (a) National Critical Technologies Panel.—(1) The National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is amended by adding at the end the following new title: “TITLE VI—NATIONAL CRITICAL TECHNOLOGIES PANEL “establishment “Sec. 601. The Director of the Office of Science and Technology Policy shall establish within that office a National Critical Technologies Panel (hereinafter in this title referred to as the ‘panel’). The panel shall prepare the biennial national critical technologies report required by section 603. “membership “Sec. 602. (a) The panel shall consist of 13 members appointed from among persons who are experts in science and engineering as follows: “(1) The Director of the Office of Science and Technology Policy shall appoint nine members, of whom— “(A) three shall be Federal Government officials; and “(B) six shall be appointed from persons in private industry and higher education. “(2) The Secretary of Defense shall appoint one member, who shall be an official of the Department of Defense. “(3) The Secretary of Energy shall appoint one member, who shall be an official of the Department of Energy. “(4) The Secretary of Commerce shall appoint one member, who shall be an official of the Department of Commerce. “(5) The Administrator of the National Aeronautics and Space Administration shall appoint one member, who shall be an official of that agency. “(b)(1) Members appointed under subsection (a)(1)(B) shall serve for a term of two years. (2) Any vacancy in the membership of the panel shall be filled in the same manner as the original appointment. “(c) The Director shall designate one of the members appointed under subsection (a)(1)(A) as chairman of the panel. “biennial national critical technologies report “Sec. 603. (a) The panel shall submit to the President a biennial report on national critical technologies. Each such report shall identify those product technologies and process technologies that the panel considers to be national critical technologies. The number of the such technologies identified in any such report may not exceed 30. The reports shall be submitted not later than October 1 of even-numbered years. “(b) For purposes of subsection (a), a product or process technology may be considered to be a national critical technology if the panel determines it to be a technology that it is essential for the United States to develop to further the long-term national security and economic prosperity of the United States. 103 STAT. 1512 “(c) Each such report shall include, with respect to each technology identified in the report, the following information: “(1) The reasons for the panel’s selection of that technology. “(2) The state of the development of that technology in the United States and in other countries. “(3) An estimate of the current and anticipated level of research and development effort in the United States, including anticipated milestones for specific accomplishments, by— “(A) the Federal Government; “(B) State and local governments; “(C) private industry; and “(D) colleges and universities. “(d) Not later than 30 days after the date on which a report is submitted to the President under this section, the President shall transmit the report, together with any comments that the President considers appropriate, to Congress. “administration and funding of panel “Sec. 604. The Director of the Office of Science and Technology Policy shall provide administrative support for the panel. Funds for necessary expenses of the panel shall be provided for fiscal years after fiscal year 1990 from funds appropriated for that Office. “expiration “Sec. 605. The provisions of this title shall cease to be effective on December 31, 2000, and the panel shall terminate on that date.”. (2) The Secretary of Defense shall reimburse the Director of the Office of Science and Technology Policy for the reasonable expenses, not to exceed $500,000, incurred by the National Critical Technologies Panel during fiscal year 1990. (b) Annual Defense Critical Technologies Plan.—(1) Chapter 148 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2508. Annual defense critical technologies plan “(a) Annual Plan.—(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual plan for developing the technologies considered by the Secretary of Defense and the Secretary of Energy to be the technologies most critical to ensuring the long-term qualitative superiority of United States weapon systems. The number of such technologies identified in any plan may not exceed 20. Each such plan shall be developed in consultation with the Secretary of Energy. “(2) In selecting the technologies to be included in the plan for any year, the Secretary of Defense and the Secretary of Energy shall consider both product technologies and process technologies, including the technologies identified in the most recent biennial report submitted to the President by the National Critical Technologies Panel under title VI of the National Science and Technology Policy, Organization, and Priorities Act of 1976. “(3) Each such plan shall cover the 15 fiscal years following the year in which the plan is submitted. “(4) Such plan shall be submitted not later than March 15 of each year and shall be submitted in both classified and unclassified form. 103 STAT. 1513 “(b) Priorities and Funding.—Each plan submitted under subsection (a) shall— “(1) designate priorities for development of the technologies identified in the plan; and “(2) specify the funding requirements of the Department of Defense, the Department of Energy, and other appropriate departments and agencies of the Federal Government for the development of the technologies identified in the plan for the five fiscal years following the year in which the plan is submitted. “(c) Content of Plan.—Each plan submitted under subsection (a) shall include, with respect to each technology identified in the plan, the following: “(1) The reasons for the selection of that technology, including— “(A) a discussion of the consideration given to the most recent biennial report submitted to the President under title VI of the National Science and Technology Policy, Organization, and Priorities Act of 1976; and “(B) the relationship of the technology to the overall science and technology program of the Department of Defense and the long-term funding strategy associated with that program. “(2) A designation of the lead organization within the Department of Defense or the Department of Energy responsible for the development of the technology, “(3) A summary description of the lead organization’s plan for the development of the technology, including the milestone goals. “(4) The amounts contained in the budgets of the Department of Defense, the Department of Energy, and other departments and agencies for the support of the development of such technology for— “(A) the five preceding fiscal years; and “(B) the fiscal year beginning in the year in which the plan is submitted; and “(C) each fiscal year thereafter for which the Secretary of Defense, with respect to the Department of Defense, and the Secretary of Energy, with respect to the Department of Energy, has prepared a budget. “(5) A comparison of the positions of the United States and the Soviet Union in the development of that technology. “(6) The potential contributions that the allies of the United States and other industrialized nations can make to meet the needs of the United States and its allies for that technology. “(7) A comparison of the extent to which the United States has access to research conducted on such technology in allied nations and other industrialized nations with the extent to which such nations have access to research conducted in the United States on such technology and a discussion of the effects of any imbalance in such access on development of that technology. “(8) With respect to the development of such technology— “(A) a comparison of the relative positions of the United States and other industrialized countries that are prominent in the development of such technology; 103 STAT. 1514 “(B) the trends in the relevant industrial bases of such countries; “(C) the competitiveness of the United States industrial base supporting research in, and the development and use of, such technology; “(D) the extent to which the United States should depend on other countries for the development of such technology; and “(E) the extent to which action should be taken by the Federal Government to maintain and improve— “(i) research efforts in the United States; and “(ii) the industrial base supporting such efforts. “(9) The potential contributions that the private sector can be expected to make from its own resources in connection with the development of civilian applications for such technology.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2508. Annual defense critical technologies plan.”. (c) Agreements for Studies.—(1) Section 2368 of title 10, United States Code, is amended to read as follows: “§ 2368. Critical technologies research “(a) Agreements.—The Secretary of Defense may enter into agreements with the National Academy of Sciences, the National Academy of Engineering, and the National Institute of Medicine for the conduct of studies in fields of research and development essential to the development of the technologies identified in the most recent biennial report submitted to the President by the National Critical Technologies Panel under section 603 of the National Science and Technology Policy, Organization, and Priorities Act of 1976. “(b) Consultation with Director of OSTP.—An agreement under subsection (a) may be entered into only after consultation with the Director of the Office of Science and Technology Policy. “(c) Funding Limitation.—The Secretary may not obligate more than $500,000 for agreements under subsection (a) in any fiscal year.”. (2) The item relating to that section 2368 in the table of sections at the beginning of chapter 139 of such title is amended to read as follows: “2368. Critical technologies research.”.