National Superconductivity and Competitiveness Act of 1988
PL 100-697 (H.R.3048), enacted 11/19/1988

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 
enhance the Nation's economic competitiveness and strategic well-being, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Superconductivity and 
Competitiveness Act of 1988". 
SEC. 2. ^ INDINGS AND PURPOSES. 
(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-
Nov. 19, 1988 
[H.R. 3048] 
National 
Superconductivity 
and 
Competitiveness 
Act of 1988. 
15 u s e 5201 
note. 
15 u s e 5201. 
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.