Pub. L. 102-190, div. A, tit. VIII, pt. C, sec. 822
CRITICAL TECHNOLOGY STRATEGIES.
SEC. 822. CRITICAL TECHNOLOGY STRATEGIES. (a) Requirement for Critical Technology Strategies.—(1) The President shall develop and revise as needed a multiyear strategy for federally supported research and development for each critical technology designated by the President. In designating critical technologies for the purpose of this section, the President shall begin with the national critical technologies listed in a biennial report on national critical technologies submitted to Congress by the President pursuant to section 603(d) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683(d)). A critical technology strategy may cover more than one critical technology. (2) The President shall assign responsibilities and develop procedures for conducting executive branch activities to carry out this section. (3) During the development of a critical technology strategy, the President shall provide for the following: (A) The development of goals and objectives for the appropriate Federal role in the development or the critical technology or technologies that the President expects to be covered by the strategy. (B) Close consultation with appropriate representatives of United States industries, members of industry associations, representatives of labor organizations in the United States, members of professional and technical societies in the United States and other persons who are qualified to provide advice and assistance in the development of such critical technology or technologies. (C) The development of an organizational structure within the Federal Government that is appropriate for coordinating, managing, and reviewing the Federal Government’s role in the 105 STAT. 1433implementation of the strategy, including allocating roles among Federal departments and agencies. (D) The development of policies and procedures for synergistic government, industrial, and university participation in the implementation of the strategy. (E) The development of Federal budget estimates for research and development regarding the critical technology or technologies covered by the strategy for the first five fiscal years covered by that strategy. (b) Report.—Not later than February 15 of each year, beginning in 1993, the President shall submit to Congress an annual report describing the implementation of subsection (a). The annual report shall include the following: (1) For each critical technology designated by the President for the purpose of subsection (a), a description of the progress made in implementing subsection (a) during the fiscal year preceding the fiscal year in which the report is submitted. (2) A description of each proposed program, if any, for further implementing subsection (a) with respect to a critical technology through the date for the submission of the next annual report. (3) A copy of each strategy, if any, completed or revised pursuant to subsection (a) during the fiscal year covered by the report. (c) Revisions in Critical Technologies Institute.— (1) Section 822 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1598) is amended to read as follows: “SEC. 822. CRITICAL TECHNOLOGIES INSTITUTE “(a) Establishment.—There shall be established a federally funded research and development center to be known as the ‘Critical Technologies Institute’ (hereinafter in this section referred to as the ‘Institute’). “(b) Incorporation.—As determined by the chairman of the committee referred to in subsection (c), the Institute shall be— “(1) administered as a separate entity by an organization currently managing another federally funded research and development center; or “(2) incorporated as a nonprofit membership corporation. “(c) Operating Committee.— (1) The Institute shall have an Operating Committee composed of 11 members as follows: “(A) The Director of the Office of Science and Technology Policy. “(B) The Secretary of Defense, or the Secretary’s designee. “(C) The Secretary of Energy, or the Secretary’s designee. “(D) The Secretary of Health and Human Services, or the Secretary’s designee. “(E) The Secretary of Commerce, or the Secretary’s designee. “(F) The Administrator of the National Aeronautics and Space Administration, or the Administrator’s designee. “(G) The Director of the National Science Foundation, or the Director’s designee. “(H) Four other members appointed by the President from among officials of the Executive branch (other than those referred to in subparagraphs (A) through (G)). 105 STAT. 1434 “(2) The President shall designate a chairman of the committee from among the members of the committee who are senior officials of the Executive Office of the President. “(3)(A) The term of service of members of the committee appointed under paragraph (1)(H) shall be four years, except that of the four members first appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years, one shall be appointed for a term of three years, and one shall be appointed for a term of four years. The terms of appointment of members appointed under this subparagraph shall be designated by the President at the time of the appointments. “(B) A vacancy in a membership of the committee referred to in subparagraph (A) shall be filled in the same manner as the original appointment. A member appointed under this subparagraph shall serve the remainder of the unexpired term of the predecessor of the member. “(C) Members of the committee referred to in subparagraph (A) may be reappointed. “(4) The committee shall meet not less than four times a year. “(d) Duties.—The duties of the Institute shall include the following: “(1) The assembly of timely and authoritative information regarding significant developments and trends in technology research and development in the United States and abroad, with particular emphasis on information relating to the technologies identified in the most recent biennial report submitted to Congress by the President pursuant to section 603(d) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683(d)). “(2) Analysis and interpretation of the information referred to in paragraph (1) to determine whether such developments and trends are likely to affect United States technology policies. “(3) Initiation of studies and analyses (including systems analyses and technology assessments) of alternatives available for ensuring longterm leadership by the United States in the development and application of the technologies referred to in paragraph (1), including appropriate roles for the Federal Government, State governments, private industry, and institutions of higher education in the development and application of such technologies. “(4) Provision, upon the request of the Director of the Office of Science and Technology Policy, of technical support and assistance— “(A) to the committees and panels of the President’s Council of Advisers on Science and Technology that provide advice to the Executive branch on technology policy; and “(B) to the committees and panels of the Federal Coordinating Council for Science, Engineering, and Technology that are responsible for planning and coordinating activities of the Federal Government to advance the development of critical technologies and sustain and strengthen the technology base of the United States. “(e) Consultation on Institute Activities.—In carrying out the duties referred to in subsection (d), personnel of the Institute shall— “(1) consult widely with representatives from private industry, institutions of higher education, and nonprofit institutions; and 105 STAT. 1435 “(2) to the maximum extent practicable, incorporate information and perspectives derived from such consultations in carrying out such duties. “(f) Annual Reports.—The committee shall submit to the President an annual report on the activities of the committee under this section. Each report shall be in accordance with requirements prescribed by the President. “(g) Sponsorship.—(1) The Director of the National Science Foundation shall be the sponsor of the Institute. “(2) The Director of the National Science Foundation, in consultation with the chairman of the committee, shall enter into a sponsoring agreement with respect to the Institute. The sponsoring agreement shall require that the Institute carry out such functions as the chairman of the committee may specify consistent with the duties referred to in subsection (d). The sponsoring agreement shall be consistent with the general requirements prescribed for such a sponsoring agreement by the Administrator for Federal Procurement Policy.’. (2) The amendment made by paragraph (1) shall take effect as of November 5, 1990. (3) The sponsoring agreement required by subsection (g) of section 822 of Public Law 101–510, as amended by paragraph (1), shall be entered into not later than February 15, 1992. (d) Funding.—(1) To the extent provided in appropriations Acts, the Secretary of Defense shall make available to the Director of the National Science Foundation, out of funds appropriated for fiscal year 1991, $5,000,000 for funding the activities of the Institute. (2) There is authorized to be appropriated for each fiscal year after fiscal year 1991 for the Institute such sums as may be necessary for the operation of the Institute. (3) Funds appropriated to any department or agency for the Critical Technologies Institute established under section 822 of the National Defense Authorization Act for Fiscal Year 1991, as amended by subsection (c), for fiscal year 1992 by any Act enacted before the date of the enactment of this Act shall be transferred to the National Science Foundation only for the purposes of carrying out activities of the Institute.