I

103D CONGRESS

1ST SESSION H. R. 2875

To promote the industrial competitiveness and economic growth of the United

States by strengthening the linkages between the laboratories of the

Department of Energy and the private sector and by supporting the

development and application of technologies critical to the economic,

scientific and technological competitiveness of the United States, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1993

Mr. RICHARDSON (for himself, Mr. SCHIFF, and Mr. SKEEN) introduced the

following bill; which was referred jointly to the Committees on Science,

Space, and Technology, Energy and Commerce, and Armed Services

A BILL

To promote the industrial competitiveness and economic

growth of the United States by strengthening the linkages between the laboratories of the Department of Energy and the private sector and by supporting the development and application of technologies critical to the

economic, scientific and technological competitiveness of

the United States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Department of Energy

3 National Competitiveness Technology Partnership Act of

4 1993’’.

5 SEC. 2. DEFINITIONS.

6 For purposes of this Act, the term—

7 (1) ‘‘Department’’ means the Department of

8 Energy;

9 (2) ‘‘departmental laboratory’’ means a facility

10 operated by or on behalf of the Department that is

11 a laboratory, as that term is defined in section

12 12(d)(2) of the Stevenson-Wydler Technology Inno13 vation Act of 1980 (15 U.S.C. 3710a(d)(2)) and any

14 other laboratory or facility designated by the Sec15 retary;

16 (3) ‘‘national laboratory’’ means any of the fol17 lowing: Argonne National Laboratory, Brookhaven

18 National Laboratory, Idaho National Engineering

19 Laboratory, Lawrence Berkeley Laboratory, Law20 rence Livermore National Laboratory, Los Alamos

21 National Laboratory, National Renewable Energy

22 Laboratory, Oak Ridge National Laboratory, Pacific

23 Northwest Laboratory, and Sandia National Labora24 tories;

25 (4) ‘‘partnership’’ means any arrangement

26 under which the Secretary or one or more depart-
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1 mental laboratories undertakes research, develop2 ment, demonstration, commercial application, or

3 technical assistance activities in cooperation with one

4 or more non-Federal partners and which may in5 clude partners from other Federal agencies; and

6 (5) ‘‘Secretary’’ means the Secretary of Energy.

7 SEC. 3. COMPETITIVENESS AMENDMENT TO THE DEPART8 MENT OF ENERGY ORGANIZATION ACT.

9 (a) AMENDMENT.—The Department of Energy Orga10 nization Act (42 U.S.C. 7101 et seq.) is amended by add11 ing at the end the following new title:

12 ‘‘TITLE XI—TECHNOLOGY

13 PARTNERSHIPS

14 ‘‘SEC. 1101. FINDINGS, PURPOSES, AND DEFINITIONS.

15 ‘‘(a) FINDINGS.—For purposes of this title, Congress

16 finds that—

17 ‘‘(1) the Department has scientific and tech18 nical resources within the departmental laboratories

19 in many areas of importance to the economic, sci20 entific, and technological competitiveness of United

21 States industry;

22 ‘‘(2) the extensive scientific and technical in23 vestment in people, facilities, and equipment in the

24 departmental laboratories can contribute to the

25 achievement of national technology goals in areas
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1 such as the environment, health, space, and trans2 portation;

3 ‘‘(3) the Department has pursued aggressively

4 the transfer of technology from departmental labora5 tories to the private sector; however, the capabilities

6 of the laboratories could be made more fully acces7 sible to United States industry and to other Federal

8 agencies;

9 ‘‘(4) technology development has been increas10 ingly driven by the commercial marketplace, and the

11 private sector has research and development capa12 bilities in a broad range of generic technologies;

13 ‘‘(5) the Department and the departmental lab14 oratories would benefit, in carrying out their mis15 sions, from collaboration and partnership with

16 United States industry and other Federal agencies;

17 and

18 ‘‘(6) partnerships between the departmental

19 laboratories and United States industry can provide

20 significant benefits to the Nation as a whole, includ21 ing creation of jobs for United States workers and

22 improvement of the competitive position of the

23 United States in key sectors of the economy such as

24 aerospace, automotive, chemical, and electronics.

25 ‘‘(b) PURPOSES.—The purposes of this title are—
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1 ‘‘(1) to promote partnerships among the De2 partment, the departmental laboratories, and the

3 private sector;

4 ‘‘(2) to establish a goal for the amount of de5 partmental laboratory resources to be committed to

6 partnerships;

7 ‘‘(3) to ensure that the Department and the de8 partmental laboratories play an appropriate role,

9 consistent with the core competencies of the labora10 tories, in implementing the President’s critical tech11 nology strategies;

12 ‘‘(4) to provide additional authority to the Sec13 retary to enter into partnerships with the private

14 sector to carry out research, development, dem15 onstration, and commercial application activities;

16 ‘‘(5) to streamline the approval process for co17 operative research and development agreements pro18 posed by the departmental laboratories; and

19 ‘‘(6) to facilitate greater cooperation between

20 the Department and other Federal agencies as part

21 of an integrated national effort to improve United

22 States competitiveness.

23 ‘‘(c) DEFINITIONS.—For purposes of this title, the

24 term—
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1 ‘‘(1) ‘cooperative research and development

2 agreement’ has the meaning given that term in sec3 tion 12(d)(1) of the Stevenson-Wydler Technology

4 Innovation Act of 1980 (15 U.S.C. 3710a(d)(1));

5 ‘‘(2) ‘core competency’ means an area in which

6 the Secretary determines a departmental laboratory

7 has developed expertise and demonstrated capabili8 ties;

9 ‘‘(3) ‘critical technology’ means a technology

10 identified in the Report of the National Critical

11 Technologies Panel;

12 ‘‘(4) ‘departmental laboratory’ means a facility

13 operated by or on behalf of the Department that is

14 a laboratory, as that term is defined in section

15 12(d)(2) of the Stevenson-Wydler Technology Inno16 vation Act of 1980 (15 U.S.C. 3710a(d)(2)) and any

17 other laboratory or facility designated by the Sec18 retary;

19 ‘‘(5) ‘disadvantaged individual’ has the meaning

20 given the terms ‘socially disadvantaged individual’

21 and ‘economically disadvantaged individual’ in sec22 tion 8(a) (5) and (6) of the Small Business Act (15

23 U.S.C. 637(a) (5) and (6));

24 ‘‘(6) ‘dual-use technology’ means a technology

25 that has military and commercial applications;
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1 ‘‘(7) ‘educational institution’ means a college,

2 university, or elementary or secondary school, in3 cluding any not-for-profit organization dedicated to

4 education that would be exempt under section

5 501(a) of the Internal Revenue Code of 1986;

6 ‘‘(8) ‘minority college or university’ means a

7 historically Black college or university that is a ‘part

8 B institution’ under section 322(2) of the Higher

9 Education Act of 1965 (20 U.S.C. 1061(2)) or a

10 ‘minority institution’ as that term is defined in sec11 tion 1046(3) of the Higher Education Act of 1965

12 (20 U.S.C. 1135d–5(3));

13 ‘‘(9) ‘multiprogram departmental laboratory’

14 means any of the following: Argonne National Lab15 oratory, Brookhaven National Laboratory, Idaho

16 National Engineering Laboratory, Lawrence Berke17 ley Laboratory, Lawrence Livermore National Lab18 oratory, Los Alamos National Laboratory, National

19 Renewable Energy Laboratory, Oak Ridge National

20 Laboratory, Pacific Northwest Laboratory, and

21 Sandia National Laboratories;

22 ‘‘(10) ‘partnership’ means any arrangement

23 under which the Secretary or one or more depart24 mental laboratories undertakes research, develop25 ment, demonstration, commercial application, or
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1 technical assistance activities in cooperation with one

2 or more non-Federal partners and which may in3 clude partners from other Federal agencies;

4 ‘‘(11) ‘Report of the National Critical Tech5 nologies Panel’ means the biennial report on na6 tional critical technologies submitted to Congress by

7 the President pursuant to section 603(d) of the Na8 tional Science and Technology Policy, Organization,

9 and Priorities Act of 1976 (42 U.S.C. 6683(d)); and

10 ‘‘(12) ‘small business’ means a business concern

11 that meets the applicable standards prescribed pur12 suant to section 3(a) of the Small Business Act (15

13 U.S.C. 632(a)).

14 ‘‘SEC. 1102. GENERAL AUTHORITY.

15 ‘‘(a)(1) In carrying out the missions of the Depart16 ment, the Secretary and the departmental laboratories

17 may conduct research, development, demonstration or

18 commercial application activities that build on the core

19 competencies of the departmental laboratories.

20 ‘‘(2) In addition to missions established pursuant to

21 other laws, the Secretary may assign to departmental lab22 oratories any of the following missions:

23 ‘‘(A) National security, including the—

24 ‘‘(i) advancement of the military applica25 tion of atomic energy;
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1 ‘‘(ii) support of the production of atomic

2 weapons, or atomic weapons parts, including

3 special nuclear materials;

4 ‘‘(iii) support of naval nuclear propulsion

5 programs;

6 ‘‘(iv) support for the dismantlement of

7 atomic weapons and the safe storage, transpor8 tation, and disposal of special nuclear materials;

9 ‘‘(v) development of technologies and tech10 niques for the safe storage, processing, treat11 ment, transportation, and disposal of hazardous

12 waste (including radioactive waste) resulting

13 from nuclear materials production, weapons

14 production and surveillance programs, and

15 naval nuclear propulsion programs and of tech16 nologies and techniques for the reduction of en17 vironmental hazards and contamination due to

18 such waste and the environmental restoration of

19 sites affected by such waste;

20 ‘‘(vi) development of technologies and tech21 niques needed for the effective negotiation and

22 verification of international arms control agree23 ments and for the containment of the prolifera24 tion of nuclear, chemical, and biological weap25 ons and delivery vehicles of such weapons; and
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1 ‘‘(vii) protection of health and promotion

2 of safety in carrying out other national security

3 missions.

4 ‘‘(B) Energy-related science and technology, in5 cluding the—

6 ‘‘(i) enhancement of the Nation’s under7 standing of all forms of energy production and

8 use;

9 ‘‘(ii) support of basic and applied research

10 on the fundamental nature of matter and en11 ergy, including construction and operation of

12 unique scientific instruments;

13 ‘‘(iii) development of energy resources, in14 cluding solar, geothermal, fossil, and nuclear

15 energy resources, and related fuel cycles;

16 ‘‘(iv) pursuit of a comprehensive program

17 of research and development on the environ18 mental effects of energy technologies and pro19 grams;

20 ‘‘(v) development of technologies and proc21 esses to reduce the generation of waste or pollu22 tion or the consumption of energy or materials;

23 ‘‘(vi) development of technologies and tech24 niques for the safe storage, processing, treat25 ment, management, transportation, and dis-
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1 posal of nuclear waste resulting from commer2 cial nuclear activities; and

3 ‘‘(vii) improvement of the quality of edu4 cation in science, mathematics, and engineering.

5 ‘‘(C) Industrial infrastructure, in technology

6 areas such as—

7 ‘‘(i) microelectronics;

8 ‘‘(ii) high-performance computing and

9 communications;

10 ‘‘(iii) transportation;

11 ‘‘(iv) advanced manufacturing;

12 ‘‘(v) advanced materials;

13 ‘‘(vi) space;

14 ‘‘(vii) human health sciences; and

15 ‘‘(viii) environmental science.

16 ‘‘(D) Technology transfer.

17 ‘‘(3) In carrying out the Department’s missions, the

18 Secretary, and the directors of the departmental labora19 tories, shall, to the maximum extent practicable, make use

20 of partnerships. Such partnerships shall be for purposes

21 of the following:

22 ‘‘(A) To lead to the development of technologies

23 that the private sector can commercialize in areas of

24 technology with broad application important to
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1 United States technological and economic competi2 tiveness.

3 ‘‘(B) To provide Federal support in areas of

4 technology where the cost or risk is too high for the

5 private sector to support alone but that offer a po6 tentially high payoff to the United States.

7 ‘‘(C) To contribute to the education and train8 ing of scientists and engineers.

9 ‘‘(D) To provide university and private re10 searchers access to departmental laboratory facili11 ties.

12 ‘‘(E) To provide technical expertise to univer13 sities, industry, or other Federal agencies.

14 ‘‘(b) The Secretary, in carrying out partnerships,

15 may enter into agreements using instruments authorized

16 under applicable laws, including but not limited to con17 tracts, cooperative research and development agreements,

18 work for other agreements, user-facility agreements, coop19 erative agreements, grants, personnel exchange agree20 ments, and patent and software licenses with any person,

21 any agency or instrumentality of the United States, any

22 State or local governmental entity, any educational institu23 tion, and any other entity, private sector or otherwise.

24 ‘‘(c) The Secretary, and the directors of the depart25 mental laboratories, shall utilize partnerships with United
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1 States industry, to the maximum extent practicable, to en2 sure that technologies developed in pursuit of the Depart3 ment’s missions are applied and commercialized in a

4 timely manner.

5 ‘‘(d) The Secretary shall work with other Federal

6 agencies to carry out research, development, demonstra7 tion, or commercial application activities where the core

8 competencies of the departmental laboratories could con9 tribute to the missions of such other agencies.

10 ‘‘SEC. 1103. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS

11 BETWEEN DEPARTMENTAL LABORATORIES

12 AND UNITED STATES INDUSTRY.

13 ‘‘(a) Beginning in fiscal year 1994, the Secretary

14 shall establish a goal to allocate to cost-shared partner15 ships with United States industry not less than 20 percent

16 of the annual funds provided by the Secretary to each

17 multiprogram departmental laboratory for research, devel18 opment, demonstration, and commercial application activi19 ties.

20 ‘‘(b) Beginning in fiscal year 1994, the Secretary

21 shall establish an appropriate goal for the amount of re22 sources to be committed to cost-shared partnerships with

23 United States industry at other departmental laboratories.
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1 ‘‘SEC. 1104. ROLE OF THE DEPARTMENT IN THE DEVELOP2 MENT OF CRITICAL TECHNOLOGY STRATE3 GIES.

4 ‘‘(a) The Secretary shall develop a multiyear critical

5 technology strategy for research, development, demonstra6 tion, and commercial application activities supported by

7 the Department for critical technologies.

8 ‘‘(b) In developing such strategy, the Secretary

9 shall—

10 ‘‘(1) identify the core competencies of each de11 partmental laboratory;

12 ‘‘(2) develop goals and objectives for the appro13 priate role of the Department in each of the critical

14 technologies, taking into consideration the core com15 petencies of the departmental laboratories;

16 ‘‘(3) consult with appropriate representatives of

17 United States industry, including members of indus18 try associations and representatives of labor organi19 zations; and

20 ‘‘(4) participate in the executive branch process

21 to develop critical technology strategies.

22 ‘‘SEC. 1105. PARTNERSHIP PREFERENCES.

23 ‘‘(a) The Secretary shall ensure that the principal

24 economic benefits of any partnership accrue to the United

25 States economy.
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1 ‘‘(b) Any partnership that would be given preference

2 under section 12(c)(4), of the Stevenson-Wydler Tech3 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(4))

4 if it were a cooperative research and development agree5 ment shall be given preference under this title.

6 ‘‘(c) The Secretary shall issue guidelines, after con7 sultation with the Laboratory Partnership Advisory Board

8 established under section 1109, for application of section

9 12(c)(4) of the Stevenson-Wydler Technology Innovation

10 Act of 1980 (15 U.S.C. 3710a(c)(4)) and application of

11 subsection (a) of this section to partnerships.

12 ‘‘(d) The Secretary shall encourage partnerships that

13 involve minority colleges or universities or private sector

14 entities owned or controlled by disadvantaged individuals.

15 ‘‘SEC. 1106. EVALUATION OF PARTNERSHIP PROGRAMS.

16 ‘‘(a) The Secretary, in consultation with the Labora17 tory Partnership Advisory Board established under section

18 1109, shall develop mechanisms for independent evalua19 tion of the ongoing partnership activities of the Depart20 ment and the departmental laboratories.

21 ‘‘(b)(1) The Secretary and the director of each de22 partmental laboratory shall develop mechanisms for as23 sessing the progress of each partnership.

24 ‘‘(2) The Secretary and the director of each depart25 mental laboratory shall utilize the mechanisms developed
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1 under paragraph (1) to evaluate the accomplishments of

2 each ongoing multiyear partnership and shall condition

3 continued Federal participation in each partnership on

4 demonstrated progress.

5 ‘‘SEC. 1107. ANNUAL REPORT.

6 ‘‘(a) The Secretary shall submit an annual report to

7 Congress describing the ongoing partnership activities of

8 the Secretary and each departmental laboratory and, to

9 the extent practicable, the activities planned by the Sec10 retary and by each departmental laboratory for the coming

11 fiscal year. In developing the report, the Secretary shall

12 seek the advice of the Laboratory Partnership Advisory

13 Board established under section 1109.

14 ‘‘(b) The Secretary shall submit the report under sub15 section (a) to the Committees on Appropriations and En16 ergy and Natural Resources of the Senate and to the Com17 mittees on Appropriations, Energy and Commerce, and

18 Science, Space, and Technology of the House of Rep19 resentatives. No later than March 1, 1994, and no later

20 than the first of March of each subsequent year, the Sec21 retary shall submit the report under subsection (a) that

22 covers the fiscal year beginning on the first of October

23 of such year.

24 ‘‘(c) Each director of a departmental laboratory shall

25 provide annually to the Secretary a report on ongoing
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1 partnership activities and a plan and such other informa2 tion as the Secretary may reasonably require describing

3 the partnership activities the director plans to carry out

4 in the coming fiscal year. The director shall provide such

5 report and plan in a timely manner as prescribed by the

6 Secretary to permit preparation of the report under sub7 section (a).

8 ‘‘(d) The Secretary’s description of planned activities

9 under subsection (a) shall include, to the extent such in10 formation is available, appropriate information on—

11 ‘‘(1) the total funds to be allocated to partner12 ship activities by the Secretary and by the director

13 of each departmental laboratory;

14 ‘‘(2) a breakdown of funds to be allocated by

15 the Secretary and by the director of each depart16 mental laboratory for partnership activities by areas

17 of technology;

18 ‘‘(3) any plans for additional funds not de19 scribed in paragraph (2) to be set aside for partner20 ships during the coming fiscal year;

21 ‘‘(4) any partnership that involves a Federal

22 contribution in excess of $500,000 the Secretary or

23 the director of each departmental laboratory expects

24 to enter into in the coming fiscal year;
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1 ‘‘(5) the technologies that will be advanced by

2 each partnership that involves a Federal contribu3 tion in excess of $500,000;

4 ‘‘(6) the types of entities that will be eligible for

5 participation in partnerships;

6 ‘‘(7) the nature of the partnership arrange7 ments, including the anticipated level of financial

8 and in-kind contribution from participants and any

9 repayment terms;

10 ‘‘(8) the extent of use of competitive procedures

11 in selecting partnerships; and

12 ‘‘(9) such other information that the Secretary

13 finds relevant to the determination of the appro14 priate level of Federal support for such partnerships.

15 ‘‘(e) The Secretary shall provide appropriate notice

16 in advance to Congress of any partnership, which has not

17 been described previously in the report required by sub18 section (a), that involves a Federal contribution in excess

19 of $500,000.

20 ‘‘SEC. 1108. PARTNERSHIP PAYMENTS.

21 ‘‘(a)(1) Partnership agreements entered into by the

22 Secretary may require a person or other entity to make

23 payments to the Department, or any other Federal agen24 cy, as a condition for receiving support under the agree25 ment.
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1 ‘‘(2) The amount of any payment received by the

2 Federal Government pursuant to a requirement imposed

3 under paragraph (1) may be credited, to the extent au4 thorized by the Secretary, to the account established under

5 paragraph (3). Amounts so credited shall be available,

6 subject to appropriations, for partnerships.

7 ‘‘(3) There is hereby established in the United States

8 Treasury an account to be known as the ‘Department of

9 Energy Partnership Fund’.

10 ‘‘(b) The Secretary may advance funds under any

11 partnership without regard to section 3324 of title 31 of

12 the United States Code to—

13 ‘‘(1) small businesses;

14 ‘‘(2) not-for-profit organizations that would be

15 exempt under section 501(a) of the Internal Revenue

16 Code of 1986; or

17 ‘‘(3) State or local governmental entities.

18 ‘‘SEC. 1109. LABORATORY PARTNERSHIP ADVISORY BOARD

19 AND INDUSTRIAL ADVISORY GROUPS AT

20 MULTIPROGRAM DEPARTMENTAL LABORA21 TORIES.

22 ‘‘(a)(1) The Secretary shall establish within the De23 partment an advisory board to be known as the ‘‘Labora24 tory Partnership Advisory Board’’, to provide the Sec25 retary with advice on the implementation of this title.
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1 ‘‘(2) The membership of the Laboratory Partnership

2 Advisory Board shall consist of persons who are qualified

3 to provide the Secretary with advice on the implementa4 tion of this title. Members of the Board shall include rep5 resentatives primarily from United States industry but

6 shall also include representatives from—

7 ‘‘(A) small businesses;

8 ‘‘(B) private sector entities owned or controlled

9 by disadvantaged individuals;

10 ‘‘(C) educational institutions, including rep11 resentatives from minority colleges or universities;

12 ‘‘(D) laboratories of other Federal agencies;

13 and

14 ‘‘(E) professional and technical societies in the

15 United States.

16 ‘‘(3) The Laboratory Partnership Advisory Board

17 shall request comment and suggestions from departmental

18 laboratories to assist the Board in providing advice to the

19 Secretary on the implementation of this title.

20 ‘‘(b) The director of each multiprogram departmental

21 laboratory shall establish an advisory group consisting of

22 persons from United States industry to—

23 ‘‘(1) evaluate new initiatives proposed by the

24 multiprogram departmental laboratory;
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1 ‘‘(2) identify opportunities for partnerships with

2 United States industry; and

3 ‘‘(3) evaluate ongoing programs at the

4 multiprogram departmental laboratory from the per5 spective of United States industry.

6 ‘‘(c) Nothing in this section is intended to preclude

7 the Secretary or the director of a departmental laboratory

8 from utilizing existing advisory boards to achieve the pur9 poses of this section.

10 ‘‘SEC. 1110. FELLOWSHIP PROGRAM.

11 ‘‘The Secretary shall encourage scientists, engineers,

12 and technical staff from departmental laboratories to serve

13 as visiting fellows in research and manufacturing facilities

14 of industrial organizations, State and local governments,

15 and educational institutions in the United States and for16 eign countries. The Secretary may establish a formal fel17 lowship program for this purpose or may authorize such

18 activities on a case-by-case basis. The Secretary shall also

19 encourage scientists and engineers from United States in20 dustry to serve as visiting scientists and engineers in the

21 departmental laboratories.
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1 ‘‘SEC. 1111. COOPERATION WITH STATE AND LOCAL PRO2 GRAMS FOR TECHNOLOGY DEVELOPMENT

3 AND DISSEMINATION.

4 ‘‘The Secretary and the director of each departmental

5 laboratory shall seek opportunities to coordinate their ac6 tivities with programs of State and local governments for

7 technology development and dissemination, including pro8 grams funded in part by the Secretary of Defense pursu9 ant to section 2523 of title 10, United States Code, and

10 section 2513 of title 10, United States Code, and pro11 grams funded in part by the Secretary of Commerce pur12 suant to sections 25 and 26 of the National Institute of

13 Standards and Technology Act (15 U.S.C. 278k and

14 278l), and section 5121(b) of the Omnibus Trade and

15 Competitiveness Act of 1988 (15 U.S.C. 278l note).

16 ‘‘SEC. 1112. AVAILABILITY OF FUNDS FOR PARTNERSHIPS.

17 ‘‘(a) All of the funds authorized to be appropriated

18 to the Secretary for research, development, demonstration,

19 or commercial application activities, other than atomic en20 ergy defense programs, shall be available for partnerships

21 to the extent such partnerships are consistent with the

22 goals and objectives of such activities.

23 ‘‘(b) All of the funds authorized to be appropriated

24 to the Secretary for research, development, demonstration,

25 or commercial application of dual-use technologies within

26 the Department’s atomic energy defense activities shall be
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1 available for partnerships to the extent such partnerships

2 are consistent with the goals and objectives of such activi3 ties.

4 ‘‘(c) Funds authorized to be appropriated to the Sec5 retary and made available for departmental laboratory-di6 rected research and development shall be available for any

7 partnership.

8 ‘‘SEC. 1113. PROTECTION OF INFORMATION.

9 ‘‘Section 12(c)(7) of the Stevenson-Wydler Tech10 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)),

11 relating to the protection of information, shall apply to

12 the partnership activities undertaken by the Secretary and

13 by the directors of the departmental laboratories.

14 ‘‘SEC. 1114. FAIRNESS OF OPPORTUNITY.

15 ‘‘(a) The Secretary and the director of each depart16 mental laboratory shall institute procedures to ensure that

17 information on laboratory capabilities and arrangements

18 for participating in partnerships with the Secretary or the

19 departmental laboratories is publicly disseminated.

20 ‘‘(b) Prior to entering into any partnership having a

21 Federal contribution in excess of $5,000,000, the Sec22 retary or director of a departmental laboratory shall en23 sure that the opportunity to participate in such partner24 ship has been publicly announced to potential participants.
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1 ‘‘(c) In cases where the Secretary or the director of

2 a departmental laboratory believes a potential partnership

3 activity would benefit from broad participation from the

4 private sector, the Secretary or the director of such de5 partmental laboratory may take such steps as may be nec6 essary to facilitate formation of a United States industry

7 consortium to pursue the partnership activity.

8 ‘‘SEC. 1115. PRODUCT LIABILITY.

9 ‘‘The Secretary, after consultation with the Labora10 tory Partnership Advisory Board established under section

11 1109, and the Attorney General shall enter into a memo12 randum of understanding establishing a consistent policy

13 and standards regarding the responsibilities of the Sec14 retary, the directors of the departmental laboratories, and

15 the Attorney General with respect to the liability of the

16 United States, of the non-Federal entity operating a de17 partmental laboratory, and of any other party to a part18 nership for product liability claims arising from partner19 ship activities. The Secretary and the director of each de20 partmental laboratory shall, to the maximum extent prac21 ticable, incorporate into any partnership the policy and

22 standards established in the memorandum of understand23 ing.
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1 ‘‘SEC. 1116. INTELLECTUAL PROPERTY.

2 ‘‘The Secretary shall, after consultation with the

3 Laboratory Partnership Advisory Board established under

4 section 1109, develop guidelines governing the responsibil5 ities of the Secretary and the directors of the departmental

6 laboratories with respect to the application of intellectual

7 property laws by the Secretary and by the director of each

8 departmental laboratory in partnership arrangements.

9 ‘‘SEC. 1117. SMALL BUSINESS.

10 ‘‘(a) The Secretary shall develop simplified proce11 dures and guidelines for partnerships involving small busi12 nesses to facilitate access to the resources and capabilities

13 of the departmental laboratories.

14 ‘‘(b) Notwithstanding any other law, the Secretary

15 may waive, in whole or in part, any cost-sharing require16 ment for a small business involved in a partnership if the

17 Secretary determines that the cost-sharing requirement

18 would impose an undue hardship on the small business

19 and would prevent the formation of the partnership.

20 ‘‘(c) Notwithstanding section 12(d)(1) of the Steven21 son-Wydler Innovation Act of 1980 (15 U.S.C.

22 3710a(d)(1)), the Secretary may provide funds as part of

23 a cooperative research and development agreement to a

24 small business if the Secretary determines that the funds

25 are necessary to prevent imposing an undue hardship on
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1 the small business and necessary for the formation of the

2 cooperative research and development agreement.

3 ‘‘SEC. 1118. MINORITY COLLEGE AND UNIVERSITY REPORT.

4 ‘‘Within one year after the date of enactment of this

5 title, and annually thereafter, the Secretary shall submit

6 to the Committee on Energy and Natural Resources of

7 the Senate and to the Committees on Energy and Com8 merce, Science, Space, and Technology, and Education

9 and Labor of the House of Representatives a report identi10 fying opportunities for minority colleges and universities

11 to participate in programs and activities being carried out

12 by the Department or the departmental laboratories. The

13 Secretary shall consult with representatives of minority

14 colleges and universities in preparing the report. Such re15 port shall—

16 ‘‘(1) describe ongoing education and training

17 programs being carried out by the Department or

18 the departmental laboratories with respect to or in

19 conjunction with minority colleges and universities in

20 the areas of mathematics, science, and engineering;

21 ‘‘(2) describe ongoing research, development,

22 demonstration, or commercial application activities

23 involving the Department or the departmental lab24 oratories and minority colleges and universities;
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1 ‘‘(3) describe funding levels for the programs

2 and activities described in paragraphs (1) and (2);

3 ‘‘(4) identify ways for the Department or the

4 departmental laboratories to assist minority colleges

5 and universities in providing education and training

6 in the fields of mathematics, science, and engineer7 ing;

8 ‘‘(5) identify ways for the Department or the

9 departmental laboratories to assist minority colleges

10 and universities in entering into partnerships;

11 ‘‘(6) address the need for and potential role of

12 the Department or the departmental laboratories in

13 providing to minority colleges and universities—

14 ‘‘(A) increased research opportunities for

15 faculty and students;

16 ‘‘(B) assistance in faculty development and

17 recruitment and curriculum enhancement and

18 development; and

19 ‘‘(C) laboratory instrumentation and equip20 ment, including computer equipment, through

21 purchase, loan, or other transfer;

22 ‘‘(7) address the need for and potential role of

23 the Department or departmental laboratories in pro24 viding funding and technical assistance for the devel25 opment of infrastructure facilities, including build-
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1 ings and laboratory facilities at minority colleges

2 and universities; and

3 ‘‘(8) make specific proposals and recommenda4 tions, together with estimates of necessary funding

5 levels, for initiatives to be carried out by the Depart6 ment or the departmental laboratories to assist mi7 nority colleges and universities in providing edu8 cation and training in the areas of mathematics,

9 science, and engineering, and in entering into part10 nerships with the Department or departmental lab11 oratories.

12 ‘‘SEC. 1119. MINORITY COLLEGE AND UNIVERSITY SCHOL13 ARSHIP PROGRAM.

14 ‘‘The Secretary shall establish a scholarship program

15 for students attending minority colleges or universities

16 and pursuing a degree in energy-related scientific, mathe17 matical, engineering, and technical disciplines. The pro18 gram shall include tuition assistance. The program shall

19 provide an opportunity for the scholarship recipient to

20 participate in an applied work experience in a depart21 mental laboratory. Recipients of such scholarships shall be

22 students deemed by the Secretary to have demonstrated

23 (1) a need for such assistance and (2) academic potential

24 in the particular area of study. Scholarships awarded
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1 under this program shall be known as Secretary of Energy

2 Scholarships.’’.

3 (b) CONFORMING AMENDMENT—The table of con4 tents of the Department of Energy Organization Act (42

5 U.S.C. 7101 et. seq.) is amended by adding at the end

6 thereof the following items:

‘‘TITLE XI—TECHNOLOGY PARTNERSHIPS

‘‘Sec. 1101. Findings, Purposes, and Definitions.

‘‘Sec. 1102. General Authority.

‘‘Sec. 1103. Establishment of Goal for Partnerships Between Departmental

Laboratories and United States Industry.

‘‘Sec. 1104. Role of the Department in the Development of Critical Technology

Strategies.

‘‘Sec. 1105. Partnership Preferences.

‘‘Sec. 1106. Evaluation of Partnership Programs.

‘‘Sec. 1107. Annual Report.

‘‘Sec. 1108. Partnership Payments.

‘‘Sec. 1109. Laboratory Partnership Advisory Board and Industrial Advisory

Groups at Multiprogram Departmental Laboratories.

‘‘Sec. 1110. Fellowship Program.

‘‘Sec. 1111. Cooperation with State and Local Programs for Technology Development and Dissemination.

‘‘Sec. 1112. Availability of Funds for Partnerships.

‘‘Sec. 1113. Protection of Information.

‘‘Sec. 1114. Fairness of Opportunity.

‘‘Sec. 1115. Product Liability.

‘‘Sec. 1116. Intellectual Property.

‘‘Sec. 1117. Small Business.

‘‘Sec. 1118. Minority College and University Report.

‘‘Sec. 1119. Minority College and University Scholarship program.’’.

7 SEC. 4. NATIONAL ADVANCED MANUFACTURING TECH8 NOLOGIES PROGRAM.

9 The Secretary is encouraged to use partnerships to

10 expedite the private sector deployment of advanced manu11 facturing technologies as required by section 2202(a) of

12 the Energy Policy Act of 1992 (42 U.S.C. 13502).
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1 SEC. 5. NOT-FOR-PROFIT ORGANIZATIONS.

2 The Secretary shall encourage the establishment of

3 not-for-profit organizations, such as the Center for Ap4 plied Development of Environmental Technology

5 (CADET), that will facilitate the transfer of technologies

6 from the departmental laboratories to the private sector.

7 SEC. 6. CAREER PATH PROGRAM.

8 (a) The Secretary, utilizing authority under other ap9 plicable law and the authority of this section, shall estab10 lish a career path program to recruit employees of the na11 tional laboratories to serve in positions in the Department.

12 (b) Section 207 of title 18, United States Code, is

13 amended by inserting after subsection (j)(6) the following:

14 ‘‘(7) NATIONAL LABORATORIES.—(A) The re15 strictions contained in subsections (a), (b), (c), and

16 (d) shall not apply to an appearance or communica17 tion made, or advice or aid rendered by a person em18 ployed at a facility described in subparagraph (B),

19 if the appearance or communication is made on be20 half of the facility or the advice or aid is provided

21 to the contractor of the facility.

22 ‘‘(B) This paragraph applies to the following:

23 Argonne National Laboratory, Brookhaven National

24 Laboratory, Idaho National Engineering Laboratory,

25 Lawrence Berkeley Laboratory, Lawrence Livermore

26 National Laboratory, Los Alamos National Labora-
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1 tory, National Renewable Energy Laboratory, Oak

2 Ridge National Laboratory, Pacific Northwest Lab3 oratory, and Sandia National Laboratories.’’.

4 (c) Section 27 of the Office of Federal Procurement

5 Policy Act (41 U.S.C. 423) is amended by inserting the

6 following new subsection:

7 ‘‘(q) NATIONAL LABORATORIES.—(1) The restric8 tions on obtaining a recusal contained in subsection (c)

9 (2) and (3) shall not apply to discussions of future employ10 ment or business opportunity between a procurement offi11 cial and a competing contractor managing and operating

12 a facility described in paragraph (3), if such discussions

13 concern the employment of the procurement official at

14 such facility.

15 ‘‘(2) The restrictions contained in subsection (f)(1)

16 shall not apply to activities performed on behalf of a facil17 ity described in paragraph (3).

18 ‘‘(3) This subsection applies to the following: Ar19 gonne National Laboratory, Brookhaven National Labora20 tory, Idaho National Engineering Laboratory, Lawrence

21 Berkeley Laboratory, Lawrence Livermore National Lab22 oratory, Los Alamos National Laboratory, National Re23 newable Energy Laboratory, Oak Ridge National Labora24 tory, Pacific Northwest Laboratory, and Sandia National

25 Laboratories.’’.
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1 SEC. 7. INFORMATION INFRASTRUCTURE AND TECH2 NOLOGY.

3 (a) FINDINGS.—For purposes of this section, Con4 gress finds that—

5 (1) high-performance computing has the poten6 tial to enhance the economic, scientific, and techno7 logical competitiveness of United States industry;

8 and

9 (2) the Federal Government should ensure that

10 there is a coordinated interagency program in part11 nership with the private sector to identify and pro12 mote applications of high-performance computing

13 that will significantly improve the use of informa14 tion, foster and strengthen research and develop15 ment capabilities, and enhance the competitiveness

16 of United States industry.

17 (b) PURPOSES.—The purposes of this section are

18 to—

19 (1) ensure the widest possible application of

20 high-performance computing in the United States;

21 and

22 (2) provide for partnerships that will enhance

23 Federal and private efforts to deploy and commer24 cialize these technologies as part of a national infor25 mation infrastructure.
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1 (c) NATIONAL INFORMATION INFRASTRUCTURE DE2 VELOPMENT PROGRAM.—The High-Performance Comput3 ing Act of 1991 (15 U.S.C. 5501 et seq.) is amended—

4 (1) in section 101(a), by adding after para5 graph (2) a new paragraph (3) as follows and re6 numbering subsequent paragraphs accordingly:

7 ‘‘(3) The Program shall also—

8 ‘‘(A) provide for a coordinated interagency ef9 fort in partnership with the private sector to de10 velop, deploy, and commercialize high-performance

11 computing technologies through a national informa12 tion infrastructure for applications in—

13 ‘‘(i) education;

14 ‘‘(ii) health care;

15 ‘‘(iii) manufacturing;

16 ‘‘(iv) digital information;

17 ‘‘(v) energy demand management;

18 ‘‘(vi) environmental monitoring and reme19 diation;

20 ‘‘(vii) financial services;

21 ‘‘(viii) law enforcement; and

22 ‘‘(ix) such other fields as the President

23 deems appropriate;

24 ‘‘(B) set forth the role of the Network in mak25 ing the benefits of applications of high-performance
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1 computing available to United States industry, gov2 ernment, and academia through a national informa3 tion infrastructure; and

4 ‘‘(C) otherwise ensure that services and applica5 tions of high-performance computing technologies

6 are available as needed to United States industry,

7 government, and academia.’’;

8 (2) in section 101(a)(2)(I)(ii), (a)(4), and

9 (c)(2), by striking ‘‘(3)(A)’’ each place it appears

10 and inserting in lieu thereof ‘‘(4)(A)’’; and

11 (3) in section 203, by adding at the end thereof

12 a new subsection (f) as follows:

13 ‘‘(f) APPLICATIONS.—(1) The Secretary of Energy

14 shall, consistent with the Program, provide for cooperative

15 projects involving the Department of Energy or one or

16 more Department of Energy laboratories and appropriate

17 non-Federal entities to develop, test, and apply high-per18 formance computing technologies for—

19 ‘‘(A) education and training, including science,

20 mathematics, and engineering education and prac21 tical postsecondary training in skills needed by

22 United States industry;

23 ‘‘(B) health care, including remote diagnosis

24 and monitoring;

25 ‘‘(C) manufacturing;
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1 ‘‘(D) energy demand management and control,

2 including vehicle efficiency and utilization, energy ef3 ficiency in commercial and residential buildings, and

4 industrial energy use and practices;

5 ‘‘(E) scientific, technical, and energy informa6 tion dissemination and analysis, including exhibits

7 and model experiments;

8 ‘‘(F) technology transfer among the Depart9 ment of Energy laboratories, United States industry,

10 and educational institutions;

11 ‘‘(G) environmental monitoring, modeling, and

12 remediation;

13 ‘‘(H) financial services, including security and

14 data base management of financial data;

15 ‘‘(I) law enforcement; and

16 ‘‘(J) such other areas as the Secretary of En17 ergy deems appropriate.

18 ‘‘(2) In carrying out projects under paragraph (1),

19 the Secretary of Energy shall, where appropriate, seek to

20 address the technical, architectural, economic, regulatory,

21 and market considerations critical to further development

22 of a national information infrastructure.

23 ‘‘(3) There are authorized to be appropriated to the

24 Secretary of Energy for purposes of this subsection
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1 $50,000,000 for fiscal year 1994, $100,000,000 for fiscal

2 year 1995, and $150,000,000 for fiscal year 1996.’’.

3 SEC. 8. DOE MANAGEMENT.

4 (a) Section 202(a) of the Department of Energy Or5 ganization Act (42 U.S.C. 7132(a)) is amended by strik6 ing ‘‘Under Secretary’’ and inserting in lieu thereof

7 ‘‘Under Secretaries’’.

8 (b) Section 202(b) of the Department of Energy Or9 ganization Act (42 U.S.C. 7132(b)) is amended to read

10 as follows:

11 ‘‘(b) There shall be in the Department three Under

12 Secretaries and a General Counsel, who shall be appointed

13 by the President, by and with the advice and consent of

14 the Senate, and who shall perform functions and duties

15 the Secretary prescribes. The Under Secretaries shall be

16 compensated at the rate provided for level III of the Exec17 utive Schedule under section 5314 of title 5, United States

18 Code, and the General Counsel shall be compensated at

19 the rate provided for level IV of the Executive Schedule

20 under section 5315 of title 5, United States Code.’’.

21 SEC. 9. AMENDMENTS TO STEVENSON-WYDLER TECH22 NOLOGY INNOVATION ACT.

23 (a) Section 12(c)(5) of the Stevenson-Wydler Tech24 nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5))

25 is amended—
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1 (1) by amending subparagraph (C)(i) to read as

2 follows:

3 ‘‘(C)(i) Any agency that has contracted with a non4 Federal entity to operate a laboratory shall review and ap5 prove, request specific modifications to, or disapprove a

6 joint work statement and cooperative research and devel7 opment agreement that is submitted by the director of

8 such laboratory within thirty days after such submission.

9 In any case where an agency has requested specific modi10 fications to a joint work statement or cooperative research

11 and development agreement, the agency shall approve or

12 disapprove any resubmission of such joint work statement

13 or cooperative research and development agreement within

14 fifteen days after such resubmission. No agreement may

15 be entered into by a Government-owned, contractor-oper16 ated laboratory under this section before both approval of

17 the cooperative research and development agreement and

18 a joint work statement.’’;

19 (2) in subparagraph (C)(ii), by inserting ‘‘or co20 operative research and development agreement’’

21 after ‘‘joint work statement’’;

22 (3) by striking subparagraph (C)(iv);

23 (4) by striking subparagraph (C)(v) and insert24 ing in lieu thereof:
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1 ‘‘(C)(iv) If an agency fails to complete a review under

2 clause (i) within any of the specified time periods, the

3 agency shall submit to the Congress, within 10 days after

4 the failure to complete the review, a report on the reasons

5 for such failure. The agency shall, at the end of each suc6 cessive 15-day period thereafter during which such failure

7 continues, submit to Congress another report on the rea8 sons for the continued failure.’’; and

9 (5) by striking subparagraph (C)(vi).

10 (b) Section 12(d)(2) of the Stevenson-Wydler Tech11 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))

12 is amended—

13 (1) in subparagraph (B) by striking ‘‘substan14 tial’’ before ‘‘purpose’’; and

15 (2) in subparagraph (C) by striking ‘‘primary’’.

16 SEC. 10. GUIDELINES.

17 The implementation of the provisions of this Act, and

18 of the amendments made by this Act, shall not be delayed

19 pending the issuance of guidelines, policies, or standards

20 required by sections 1105, 1115, and 1116 of the Depart21 ment of Energy Organization Act as added by section 3

22 of this Act.

23 SEC. 11. AUTHORIZATION.

24 (a) In addition to funds made available for partner25 ships under section 1112 of the Department of Energy
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1 Organization Act, as added by section 3 of this Act, there

2 are authorized to be appropriated from funds otherwise

3 available to the Secretary—

4 (1) for partnership activities with industry in

5 areas other than atomic energy defense activities

6 $100,000,000 for fiscal year 1994, $140,000,000 for

7 fiscal year 1995, $180,000,000 for fiscal year 1996,

8 and $220,000,000 for fiscal year 1997; and

9 (2) for partnership activities with industry in10 volving dual-use technologies within the Depart11 ment’s atomic energy defense activities

12 $240,000,000 for fiscal year 1994, $290,000,000 for

13 fiscal year 1995, $350,000,000 for fiscal year 1996,

14 and $400,000,000 for fiscal year 1997.

15 (b) There are authorized to be appropriated to the

16 Secretary for the Minority College and University Scholar17 ship Program established in section 1119 of the Depart18 ment of Energy Organization Act, as added by section 3

19 of this Act, $1,000,000 for fiscal year 1994, $2,000,000

20 for fiscal year 1995, and $3,000,000 for fiscal year 1996.

21 (c) There are authorized to be appropriated to the

22 Secretary for research or educational programs, carried

23 out through partnerships or otherwise, and for related fa24 cilities and equipment that involve minority colleges or

25 universities, such sums as may be necessary.
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