Pub Law 96-479

F:\COMP\RAMLAWS\NMMPRD90

NATIONAL MATERIALS AND MINERALS POLICY,
RESEARCH AND DEVELOPMENT ACT OF 1980
[Public Law 96–479, enacted October 21, 1980]
[As Amended Through P.L. ???–???, Enacted ???--this law has not
been amended since enactment]
AN ACT To provide for a national policy for materials and to strengthen the materials research, development, production capability, and performance of the United
States, and for other purposes.

Be it enacted by the Senate and House o Representatives of the
United States of America in Congress assembled, That ø30 U.S.C.
1601 note¿ this Act may be cited as the ‘‘National Materials and
Minerals Policy, Research and Development Act of 1980’’.
FINDINGS

SEC. 2. ø30 U.S.C. 1601¿ (a) The Congress finds that—
(1) the availability of materials is essential for national security, economic well-being, and industrial production;
(2) the availability of materials is affected by the stability
of foreign sources of essential industrial materials, instability
of materials markets, international competition and demand
for materials, the need for energy and materials conservation,
and the enhancement of environmental quality;
(3) extraction, production, processing, use, recycling, and
disposal of materials are closely linked with national concerns
for energy and the environment;
(4) the United States is strongly interdependent with other
nations through international trade in materials and other
products;
(5) technological innovation and research and development
are important factors which contribute to the availability and
use of materials;
(6) the United States lacks a coherent national materials
policy and a coordinated program to assure the availability of
materials critical for national economic well-being, national defense, and industrial production, including interstate commerce
and foreign trade; and
(7) notwithstanding the enactment of the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a), the United States does
not have a coherent national materials and minerals policy.
(b) As used in this Act, the term ‘‘materials’’ means substances,
including minerals, of current or potential use that will be needed
to supply the industrial, military, and essential civilian needs of
the United States in the production of goods or services, including
1
July 11, 2012

F:\COMP\RAMLAWS\NMMPRD90
Sec. 3 NAT’L. MATERIALS AND MINERALS POL., RES. AND DEV. ACT OF 1980

2

those which are primarily imported or for which there is a prospect
of shortages or uncertain supply, or which present opportunities in
terms of new physical properties, use, recycling, disposal or substitution, with the exclusion of food and of energy fuels used as such.
DECLARATION OF POLICY

SEC. 3. ø30 U.S.C. 1602¿ The Congress declares that it is the
continuing policy of the United States to promote an adequate and
stable supply of materials necessary to maintain national security,
economic well-being and industrial production, with appropriate attention to a long-term balance between resource production, energy
use, a healthy environment, natural resources conservation, and social needs. The Congress further declares that implementation of
this policy requires that the President shall, through the Executive
Office of the President, coordinate the responsible departments and
agencies to, among other measures—
(1) identify materials needs and assist in the pursuit of
measures that would assure the availability of materials critical to commerce, the economy, and national security;
(2) establish a mechanism for the coordination and evaluation of Federal materials programs, including those involving
research and development so as to complement related efforts
by the private sector as well as other domestic and international agencies and organizations;
(3) establish a long-range assessment capability concerning
materials demands, supply and needs, and provide for the policies and programs necessary to meet those needs;
(4) promote a vigorous, comprehensive, and coordinated
program of materials research and development consistent
with the policies and priorities set forth in the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601 et seq.);
(5) promote cooperative research and development programs with other nations for the equitable and frugal use of
materials and energy;
(6) promote and encourage private enterprise in the development of economically sound and stable domestic materials
industries; and
(7) encourage Federal agencies to facilitate availability and
development of domestic resources to meet critical materials
needs.
IMPLEMENTATION OF POLICY

SEC. 4. ø30 U.S.C. 1603¿ For the purpose of implementing the
policies set forth in section 3 and the provisions of section 5 of this
Act, the Congress declares that the President shall, through the
Executive Office of the President, coordinate the responsible departments and agencies, and shall—
(1) direct that the responsible departments and agencies
identify, assist, and make recommendations for carrying out
appropriate policies and programs to ensure adequate, stable,
and economical materials supplies essential to national security, economic well-being, and industrial production;
July 11, 2012

F:\COMP\RAMLAWS\NMMPRD90
3

NAT’L. MATERIALS AND MINERALS POL., RES. AND DEV. ACT OF 1980 Sec. 5
(2) support basic and applied research and development to
provide for, among other objectives—
(A) advanced science and technology for the exploration, discovery, and recovery of nonfuel materials;
(B) enhanced methods or processes for the more efficient production and use of renewable and nonrenewable
resources;
(C) improved methods for the extraction, processing,
use, recovery, and recycling of materials which encourage
the conservation of materials, energy, and the environment; and
(D) improved understanding of current and new materials performance, processing, substitution, and adaptability in engineering designs;
(3) provide for improved collection, analysis, and dissemination of scientific, technical and economic materials information and data from Federal, State, and local governments and
other sources as appropriate;
(4) assess the need for and make recommendations concerning the availability and adequacy of supply of technically
trained personnel necessary for materials research, development, extraction, harvest and industrial practice, paying particular regard to the problem of attracting and maintaining
high quality materials professionals in the Federal service;
(5) establish early warning systems for materials supply
problems;
(6) recommend to the Congress appropriate measures to
promote industrial innovation in materials and materials technologies;
(7) encourage cooperative materials research and problemsolving by—
(A) private corporations performing the same or related activities in materials industries; and
(B) Federal and State institutions having shared interests or objectives;
(8) assess Federal policies which adversely or positively affect all stages of the materials cycle, from exploration to final
product recycling and disposal including but not limited to, financial assistance and tax policies for recycled and virgin
sources of materials and make recommendations for equalizing
any existing imbalances, or removing any impediments, which
may be created by the application of Federal law and regulations to the market for materials; and
(9) assess the opportunities for the United States to promote cooperative multilateral and bilateral agreements for materials development in foreign nations for the purpose of increasing the reliability of materials supplies to the Nation.
PROGRAM PLAN AND REPORT TO CONGRESS

SEC. 5. ø30 U.S.C. 1604¿ (a) Within 1 year after the date of
enactment of this Act, the President shall submit to the Congress—
(1) a program plan to implement such existing or prospective proposals and organizational structures within the executive branch as he finds necessary to carry out the provisions
July 11, 2012

F:\COMP\RAMLAWS\NMMPRD90
Sec. 5 NAT’L. MATERIALS AND MINERALS POL., RES. AND DEV. ACT OF 1980

4

set forth in sections 3 and 4 of this Act. The plan shall include
program and budget proposals and organizational structures
providing for the following minimum elements:
(A) policy analysis and decision determination within
the Executive Office of the President;
(B) continuing long-range analysis of materials use to
meet national security, economic, industrial and social
needs; the adequacy and stability of supplies; and the industrial and economic implications of supply shortages or
disruptions;
(C) continuing private sector consultation in Federal
materials programs; and
(D) interagency coordination at the level of the President’s Cabinet;
(2) recommendations for the collection, analysis, and dissemination of information concerning domestic and international long-range materials demand, supply and needs, including consideration of the establishment of a separate materials information agency patterned after the Bureau of Labor
Statistics; and
(3) recommendations for legislation and administrative initiatives necessary to reconcile policy conflicts and to establish
programs and institutional structures necessary to achieve the
goals of a national materials policy.
(b) In accordance with the provisions of the National Science
and Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.), the Director of the Office of Science and Technology Policy shall:
(1) through the Federal Coordinating Council for Science,
Engineering, and Technology coordinate Federal materials research and development and related activities in accordance
with the policies and objectives established in this Act;
(2) place special emphasis on the long-range assessment of
national materials needs related to scientific and technological
concerns and the research and development, Federal and private, necessary to meet those needs; and
(3) prepare an assessment of national materials needs related to scientific and technological changes over the next five
years. Such assessment shall be revised on an annual basis.
Where possible, the Director shall extend the assessment in
10- and 25-year increments over the whole expected lifetime of
such needs and technologies.
(c) The Secretary of Commerce, in consultation with the Federal Emergency Management Administration, the Secretary of the
Interior, the Secretary of Defense, the Director of the Central Intelligence Agency, and such other members of the Cabinet as may be
appropriate shall—
(1) within 3 months after the date of enactment of this Act,
identify and submit to the Congress a specific materials needs
case related to national security, economic well-being and industrial production which will be the subject of the report required by paragraph (2) of this subsection;
(2) within 1 year after the date of enactment of this Act,
submit to the Congress a report which assesses critical mateJuly 11, 2012

F:\COMP\RAMLAWS\NMMPRD90
5

NAT’L. MATERIALS AND MINERALS POL., RES. AND DEV. ACT OF 1980 Sec. 6

rials needs in the case identified in paragraph (1) of this subsection, and which recommends programs that would assist in
meeting such needs, including an assessment of economic
stockpiles; and
(3) continually thereafter identify and assess additional
cases, as necessary, to ensure an adequate and stable supply
of materials to meet national security, economic well-being and
industrial production needs.
(d) The Secretary of Defense, together with such other members of the Cabinet as are deemed necessary by the President, shall
prepare a report assessing critical materials needs related to national security and identifying the steps necessary to meet those
needs. The report shall include an assessment of the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), and the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. App. 98 et seq.).
Such report shall be made available to the Congress within 1 year
after enactment of this Act and shall be revised periodically as
deemed necessary.
(e) The Secretary of the Interior shall promptly initiate actions
to—
(1) improve the capacity of the Bureau of Mines 1 to assess
international minerals supplies;
(2) increase the level of mining and metallurgical research
by the Bureau of Mines 1 in critical and strategic minerals; and
(3) improve the availability and analysis of mineral data in
Federal land use decisionmaking.
A report summarizing actions required by this subsection shall be
made available to the Congress within 1 year after the enactment
of this Act.
(f) In furtherance of the policies of this Act, the Secretary of
the Interior shall collect, evaluate, and analyze information concerning mineral occurrence, production, and use from industry, academia, and Federal and State agencies. Notwithstanding the provisions of section 552 of title 5, United States Code, data and information provided to the Department by persons or firms engaged in
any phase of mineral or mineral-material production or large-scale
consumption shall not be disclosed outside of the Department of
the Interior in a nonaggregated form so as to disclose data and information supplied by a single person or firm, unless there is no
objection to the disclosure of such data and information by the
donor: Provided, however, That the Secretary may disclose nonaggregated data and information to Federal defense agencies, or to
the Congress upon official request for appropriate purposes.
THE MINING AND MINERALS POLICY ACT OF 1970

SEC. 6. ø30 U.S.C. 1605¿ Nothing in this Act shall be interpreted as changing in any manner or degree the provisions of and
requirements of the Mining and Minerals Policy Act of 1970 (30
U.S.C. 21a). For the purposes of achieving the objectives set forth
in section 3 of this Act, the Congress declares that the President
shall direct (1) the Secretary of the Interior to act immediately
1 The reference to ‘‘Bureau of Mines’’ probably should be a reference to ‘‘United States Bureau
of Mines’’. See section 10(b) of Public Law 102–285 (106 Stat. 172).

July 11, 2012

F:\COMP\RAMLAWS\NMMPRD90
Sec. 6 NAT’L. MATERIALS AND MINERALS POL., RES. AND DEV. ACT OF 1980

6

within the Department’s statutory authority to attain the goals
contained in the Mining and Minerals Policy Act of 1970 (30 U.S.C.
21a) and (2) the Executive Office of the President to act immediately to promote the goals contained in the Mining and Minerals
Policy Act of 1970 (30 U.S.C. 21a) among the various departments
and agencies.
*

July 11, 2012

*

*

*

*

*

*