I

103D CONGRESS

1ST SESSION H. R. 1432

To establish missions for Department of Energy research and development

laboratories, provide for the evaluation of laboratory effectiveness in

accomplishing such missions, and reorganize and consolidate Department

of Energy technology transfer activities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 23, 1993

Mr. BROWN of California (for himself, Mrs. LLOYD, Mr. VALENTINE, Mr.

BOUCHER, and Mr. WYDEN) introduced the following bill; which was referred jointly to the Committees on Science, Space, and Technology and

Armed Services

SEPTEMBER 15, 1993

Additional sponsors: Mr. BACCHUS of Florida, Mr. INSLEE, Ms. FURSE, Mr.

WAXMAN, Mr. MILLER of California, Ms. PELOSI, Mr. DELLUMS, Ms.

ESHOO, and Mr. SCOTT

A BILL

To establish missions for Department of Energy research

and development laboratories, provide for the evaluation

of laboratory effectiveness in accomplishing such missions, and reorganize and consolidate Department of

Energy technology transfer activities, 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 Laboratory Technology Act of 1993’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) the Department of Energy maintains an ex7 tensive system of laboratories which are engaged in

8 research and development work in fields such as en9 ergy development and energy efficiency, national se10 curity, hazardous waste cleanup, high energy phys11 ics, and information technologies;

12 (2) departmental laboratories represent a na13 tional resource, comprised of sophisticated scientific

14 instrumentation, unique research facilities, and a

15 dedicated, multi-disciplinary work force of scientists

16 and engineers;

17 (3) the end of the Cold War has created a sig18 nificant challenge to the departmental nuclear weap19 ons laboratories, since the nature and level of na20 tional security activities conducted at these labora21 tories are changing rapidly;

22 (4) the United States faces serious national se23 curity, economic, and environmental challenges to24 ward which the resources of departmental labora25 tories could be applied in a more concerted fashion;
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1 (5) in order to contribute to United States eco2 nomic competitiveness, departmental laboratories

3 will need to cooperate with industry on an unprece4 dented scale;

5 (6) United States industry appears to have a

6 strong interest in developing cooperative research

7 and development agreements, and other joint re8 search programs, with departmental laboratories, al9 though the legislative and bureaucratic frameworks

10 for cooperative efforts between departmental labora11 tories and industry remain cumbersome;

12 (7) independent reviews of departmental labora13 tories over the past two decades uniformly have em14 phasized the importance of maintaining well defined

15 missions at these laboratories, in order to provide

16 coherence and direction;

17 (8) as the missions of departmental labora18 tories, and other Federal laboratories, change in re19 sponse to evolving national needs, the activities of

20 these laboratories should be coordinated to the maxi21 mum extent possible and should be rigorously evalu22 ated in order to ensure that they are meeting their

23 intended objectives;

24 (9) there currently exists no Government-wide

25 process for evaluating and coordinating the missions
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1 and research and development activities among the

2 Federal laboratories;

3 (10) the Federal Coordinating Council for

4 Science, Engineering, and Technology, which is

5 chaired by the Director of the Office of Science and

6 Technology Policy, is responsible for conducting

7 cross-cutting reviews of science and technology in

8 the United States Government, and should serve to

9 coordinate activities at the Federal laboratories and

10 to ensure that such activities are meeting established

11 technical milestones and other performance goals;

12 and

13 (11) if certain Federal laboratories, or portions

14 thereof, have completed the mission or missions for

15 which they were established, and are no longer con16 tributing to other important national objectives, then

17 such laboratories, or portions thereof, should be

18 closed.

19 SEC. 3. DEFINITIONS.

20 For the purposes of this Act—

21 (1) the term ‘‘Committee’’ means the Federal

22 Laboratory Mission Evaluation and Coordination

23 Committee established under section 9;
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1 (2) the term ‘‘Council’’ means the Federal Co2 ordinating Council for Science, Engineering, and

3 Technology;

4 (3) the term ‘‘Department’’ means the Depart5 ment of Energy;

6 (4) the term ‘‘departmental laboratory’’ means

7 any research and development laboratory or center

8 that is owned or leased by the Department, and

9 whose operations are substantially funded by the De10 partment, whether operated by the Government or

11 by a contractor;

12 (5) the term ‘‘departmental multiprogram lab13 oratories’’ means the Argonne National Laboratory,

14 the Brookhaven National Laboratory, the Idaho Na15 tional Engineering Laboratory, the Lawrence Berke16 ley National Laboratory, the Lawrence Livermore

17 National Laboratory, the Los Alamos National Lab18 oratory, the National Renewable Energy Laboratory,

19 the Oak Ridge National Laboratory (including re20 search and development activities located at the Y–

21 12 Plant), the Pacific Northwest Laboratory, the

22 Sandia National Laboratories, and any other labora23 tory which the Secretary designates as a depart24 mental multiprogram laboratory;
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1 (6) the term ‘‘departmental nuclear weapons

2 laboratories’’ means the Lawrence Livermore Na3 tional Laboratory, the Los Alamos National Labora4 tory, and the Sandia National Laboratories;

5 (7) the term ‘‘Federal laboratory’’ means any

6 research and development laboratory or center that

7 is owned or leased by the Federal Government, and

8 whose operations are substantially funded by the

9 Federal Government, whether operated by the Gov10 ernment or by a contractor;

11 (8) the term ‘‘green technology’’ means any

12 technology aimed at reducing the generation of haz13 ardous or nonhazardous waste or pollution, or reduc14 ing the consumption of energy or materials, while

15 contributing to sustainable United States economic

16 growth;

17 (9) the term ‘‘mission’’ means a clear statement

18 of purpose to focus research and development activ19 ity at a Federal laboratory on specified objectives;

20 (10) the term ‘‘Secretary’’ means the Secretary

21 of Energy; and

22 (11) the term ‘‘technology transfer’’ means—

23 (A) any process by which federally owned

24 or originated technology, or the intellectual

25 property rights associated with such technology,
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1 are transferred to private industry, State or

2 local governments, or universities or other non3 profit organizations; and

4 (B) any collaborative effort involving a

5 Federal laboratory and private industry, State

6 or local governments, or universities or other

7 nonprofit organizations, whose goal is—

8 (i) to enhance the potential use by

9 private industry, State or local govern10 ments, or universities or other nonprofit

11 organizations, of the results of research

12 and development sponsored by the Federal

13 Government; or

14 (ii) to jointly develop new scientific or

15 technical information or generic,

16 precompetitive technology.

17 SEC. 4. MISSIONS OF DEPARTMENTAL LABORATORIES.

18 (a) GENERAL AUTHORITY.—The Department is au19 thorized to maintain departmental laboratories for the

20 purpose of pursuing the following missions:

21 (1) Enhancing the Nation’s understanding of

22 energy production and use, with emphasis on energy

23 efficiency, conservation, and renewable energy pro24 duction, with the goal of reducing the Nation’s reli25 ance on imported and nonrenewable energy sources
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1 and minimizing the environmental impacts of energy

2 use.

3 (2) Advancing nuclear science and technology

4 for national security purposes, with the goal of help5 ing ensure a safe and reliable nuclear arsenal for as

6 long as the Nation maintains nuclear weapons.

7 (3) Assisting with the dismantlement of nuclear

8 weapons, working to curb the proliferation of nu9 clear weapons, and conducting research on and the

10 development of technologies needed for the effective

11 verification of international arms control agree12 ments, with the goal of reducing the threat of nu13 clear war.

14 (4) Conducting fundamental research in energy15 related science and technology, including construc16 tion and operation of unique scientific instruments

17 for use by the Federal Government, academia, in18 dustry, and other appropriate non-Federal institu19 tions, with the goal of expanding the Nation’s basic

20 understanding of the scientific principles of nature.

21 (5) Developing technologies and techniques for

22 the safe disposal of hazardous waste (including ra23 dioactive waste) resulting from nuclear materials

24 production, weapons production and surveillance

25 programs, and naval nuclear propulsion programs,
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1 with the goal of accelerating the schedule of, and re2 ducing the total cost of, cleaning up the hazardous

3 waste sites associated with nuclear weapons produc4 tion and other nuclear materials programs funded by

5 the Department.

6 (6) Working with industry and other Federal

7 agencies to develop generic, precompetitive green

8 technologies, with the goal of protecting environ9 mental quality and enhancing the United States

10 economy.

11 (7) Except as provided in subsection (b)(2),

12 conducting technology transfer activities with the

13 goal of helping to enhance the ability of the depart14 mental laboratories to meet their other mission re15 sponsibilities and also, to the extent practicable, con16 tributing to sustainable United States economic

17 growth.

18 (8) Utilizing the scientific, technical, and

19 human resources at such laboratories to support the

20 national goal of improving the quality of science,

21 mathematics, and engineering education in the

22 United States.

23 (b) ADDITIONAL MISSIONS.—(1) Departmental lab24 oratories are authorized to pursue additional missions be-
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1 yond those identified in subsection (a) only to the extent

2 that—

3 (A) such laboratories possess substantial tech4 nical capabilities that can be devoted to such mis5 sions;

6 (B) such additional mission activities do not

7 interfere with the pursuit of the missions identified

8 in subsection (a);

9 (C) involvement in such additional mission ac10 tivities is coordinated with any other Federal agency

11 or agencies which carry out such mission activities;

12 and

13 (D) such additional mission activities are con14 sistent with the implementation of the process devel15 oped by the Committee pursuant to section 9(d)(2)

16 of this Act.

17 (2) No more than 10 percent of the annual budget

18 of a departmental laboratory may be committed to tech19 nology transfer activities that do not directly support the

20 pursuit of missions identified in subsection (a).

21 (c) ANNUAL REPORT.—The Secretary, in consulta22 tion with appropriate departmental advisory boards and

23 laboratory officials, shall submit to Congress annually be24 fore February 1 a report which shall include for each de25 partmental laboratory—
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1 (1) a statement of mission or missions which is

2 sufficiently clear and specific to guide the Depart3 ment and the departmental laboratory in setting

4 goals against which the performance of the depart5 mental laboratory will be evaluated, along with a

6 statement of such goals;

7 (2) an explanation for any proposed modifica8 tions in the mission or missions for the departmental

9 laboratory;

10 (3) a general assessment of the performance of

11 the departmental laboratory over the preceding 12-

12 month period in meeting its assigned mission or mis13 sions; and

14 (4) a technology transfer plan, describing how

15 collaborative efforts between the laboratory and pri16 vate industry, State or local governments, or univer17 sities or other nonprofit organizations are being co18 ordinated and directed, based on the technical

19 strengths of the laboratory, to enhance the impact of

20 such collaborations.

21 SEC. 5. CONSOLIDATION OF DEPARTMENTAL NUCLEAR

22 WEAPONS LABORATORIES.

23 The Secretary, in consultation with the Secretary of

24 Defense and other appropriate Federal officers, shall sub25 mit to Congress by March 31, 1994, a plan for the phased
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1 consolidation of the nuclear weapons research, develop2 ment, engineering, and test-related activities of the de3 partmental nuclear weapons laboratories. The plan shall—

4 (1) provide for reducing the cost of the Depart5 ment’s nuclear weapons research, development, engi6 neering, and test-related programs by eliminating

7 unnecessary redundancies within the departmental

8 nuclear weapons laboratories;

9 (2) seek to ensure that the Nation retains the

10 caliber and level of nuclear weapons research, devel11 opment, engineering, and test-related capabilities

12 and activities that it needs for national security pur13 poses, consistent with section 507 of the Energy and

14 Water Development Appropriations Act, 1993 (Pub15 lic Law 102–377);

16 (3) include a plan for maintaining peer review

17 of nuclear weapons design activities;

18 (4) provide a plan, including budgetary and

19 programmatic information, for redirecting one or

20 more of the departmental nuclear weapons labora21 tories to civilian missions, consistent with section 4;

22 and

23 (5) include an assessment of any workforce re24 training, environmental clean-up, or other conversion
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1 costs that would be required to carry out the plan

2 submitted under this section.

3 SEC. 6. AMENDMENTS TO THE DEPARTMENT OF ENERGY

4 ORGANIZATION ACT.

5 (a) ORGANIZATION OF THE DEPARTMENT.—The De6 partment of Energy Organization Act (42 U.S.C. 7101 et

7 seq.) is amended—

8 (1) in section 2, by adding at the end the fol9 lowing new subsection:

10 ‘‘(d) As used in this Act—

11 ‘‘(1) the term ‘cooperative research and devel12 opment agreement’ has the meaning given such term

13 in section 12(d)(1) of the Stevenson-Wydler Tech14 nology Innovation Act of 1980 (15 U.S.C.

15 3710a(d)(1));

16 ‘‘(2) the term ‘departmental laboratory’ means

17 any research and development laboratory or center

18 that is owned or leased by the Department, and

19 whose operations are substantially funded by the De20 partment, whether operated by the Government or

21 by a contractor;

22 ‘‘(3) the term ‘departmental multiprogram lab23 oratories’ means the Argonne National Laboratory,

24 the Brookhaven National Laboratory, the Idaho Na25 tional Engineering Laboratory, the Lawrence Berke-
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1 ley National Laboratory, the Lawrence Livermore

2 National Laboratory, the Los Alamos National Lab3 oratory, the National Renewable Energy Laboratory,

4 the Oak Ridge National Laboratory (including re5 search and development activities located at the

6 Y–12 Plant), the Pacific Northwest Laboratory, the

7 Sandia National Laboratories, and any other labora8 tory which the Secretary designates as a depart9 mental multiprogram laboratory; and

10 ‘‘(4) the term ‘technology transfer’ means—

11 ‘‘(A) any process by which federally owned

12 or originated technology, or the intellectual

13 property rights associated with such technology,

14 are transferred to private industry, State or

15 local governments, or universities or other non16 profit organizations; and

17 ‘‘(B) any collaborative effort involving a

18 Federal laboratory and private industry, State

19 or local governments, or universities or other

20 nonprofit organizations, whose goal is—

21 ‘‘(i) to enhance the potential use by

22 private industry, State or local govern23 ments, or universities or other nonprofit

24 organizations, of the results of research
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1 and development sponsored by the Federal

2 Government; or

3 ‘‘(ii) to jointly develop new scientific

4 or technical information or generic,

5 precompetitive technology.’’;

6 (2) in section 202(a), by striking ‘‘Under Sec7 retary’’ and inserting in lieu thereof ‘‘Under Sec8 retaries’’;

9 (3) by amending section 202(b) to read as fol10 lows:

11 ‘‘(b) There shall be in the Department an Under Sec12 retary and a General Counsel, who shall perform such

13 functions and duties as the Secretary shall prescribe, and

14 an Under Secretary for Science and Technology, who shall

15 be assigned duties and responsibilities in accordance with

16 subsection (c). These 3 officers shall be appointed by the

17 President, by and with the advice and consent of the Sen18 ate. The Under Secretaries shall be compensated at the

19 rate for level III of the Executive Schedule under section

20 5314 of title 5, United States Code, and the General

21 Counsel shall be compensated at the rate provided for level

22 IV of the Executive Schedule under section 5315 of title

23 5, United States Code.’’;

24 (4) by inserting after section 202(b) the follow25 ing new subsection:
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1 ‘‘(c) The functions which the Secretary shall assign

2 to the Under Secretary for Science and Technology shall

3 include—

4 ‘‘(1) oversight and management of all depart5 mental laboratories;

6 ‘‘(2) oversight of basic energy sciences, high en7 ergy and nuclear physics, fusion energy, and all

8 other nondefense research and development pro9 grams of the Department, including nondefense as10 pects of dual use research and technology develop11 ment programs;

12 ‘‘(3) coordination of missions and programmatic

13 activities among all departmental laboratories;

14 ‘‘(4) advising the Secretary with respect to the

15 well-being and management of all departmental lab16 oratories;

17 ‘‘(5) advising the Secretary on issues of science

18 and technology;

19 ‘‘(6) management of the Department’s tech20 nology transfer program, pursuant to section 204;

21 ‘‘(7) coordination of the Department’s research

22 and development programs with the research and de23 velopment programs of other Federal agencies; and

24 ‘‘(8) developing and instituting a system that

25 incorporates total quality management into the man-
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1 agement and operations of departmental labora2 tories.’’;

3 (5) by redesignating sections 203, 204, 205,

4 206, 207, 209, 210, and 211 as sections 205, 206,

5 207, 208, 209, 210, 211, and 212, respectively;

6 (6) by inserting after section 202 the following

7 new sections:

8 ‘‘TECHNOLOGY DEVELOPMENT ADVISORY BOARD AND IN9 DUSTRIAL ADVISORY GROUPS AT DEPARTMENTAL

10 MULTIPROGRAM LABORATORIES

11 ‘‘SEC. 203. (a)(1) The Secretary shall establish with12 in the Department an advisory board to be known as the

13 ‘Technology Development Advisory Board’, to provide the

14 Secretary with advice regarding the Department’s activi15 ties aimed at collaborating with industry in the areas of

16 research, technology development, and technology trans17 fer.

18 ‘‘(2) A majority of the membership of the Technology

19 Development Advisory Board shall consist of prominent

20 representatives of United States industry, with the re21 maining members being representatives of educational in22 stitutions and professional and technical societies in the

23 United States. All members shall be individuals qualified

24 to provide the Secretary with advice described in para25 graph (1).
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1 ‘‘(3) The Technology Development Advisory Board

2 shall request comment and suggestions from departmental

3 multiprogram laboratories, from United States industry,

4 and from educational institutions and professional and

5 technical societies in the United States, to assist the

6 Board in providing advice to the Secretary described in

7 paragraph (1).

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

9 laboratory shall establish an advisory group consisting of

10 representatives of United States industry, and of edu11 cational institutions and professional and technical soci12 eties in the United States, who have experience in the in13 dustrial sector to—

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

15 departmental multiprogram laboratory and identify

16 opportunities for collaborative efforts with United

17 States industry on those initiatives; and

18 ‘‘(2) evaluate ongoing programs at the depart19 mental multiprogram laboratory from the perspec20 tive of United States industry.

21 ‘‘(c) The Secretary or the director of a departmental

22 multiprogram laboratory may utilize existing advisory

23 boards to achieve the purposes of this section.
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1 ‘‘(d) Section 14 of the Federal Advisory Committee

2 Act shall not apply to any advisory board or group estab3 lished under this section.

4 ‘‘OFFICE OF TECHNOLOGY DEVELOPMENT

5 ‘‘SEC. 204. (a) There shall be within the Department

6 an Office of Technology Development, to be headed by a

7 Director, who shall report to the Under Secretary for

8 Science and Technology. This office shall be established

9 through consolidation of the functions and budgetary au10 thority of the Defense Laboratory Technology Transfer

11 Program, the Energy Research Laboratory Technology

12 Transfer Program, and the Office of Technology Utiliza13 tion. The Director of the Office shall—

14 ‘‘(1) work with all Assistant Secretaries, Office

15 Directors, and other Department officials with re16 sponsibilities for managing research and develop17 ment programs to ensure that technology transfer

18 considerations are fully integrated into the planning

19 and conduct of all research and development con20 ducted at departmental laboratories;

21 ‘‘(2) develop and issue departmental policies for

22 technology transfer activities, with the goal of creat23 ing a stable and consistent policy framework for de24 partmental collaborations with private industry,

25 State or local governments, or universities or other

26 nonprofit organizations;
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1 ‘‘(3) coordinate the management of Department

2 funding for departmental collaborations with private

3 industry, State or local governments, or universities

4 or other nonprofit organizations;

5 ‘‘(4) develop appropriate criteria for measuring

6 the success of departmental technology transfer pro7 grams, and ensure that all departmental technology

8 transfer programs are evaluated on the basis of

9 those criteria;

10 ‘‘(5) provide funding for cooperative research

11 and development agreements;

12 ‘‘(6) support, to the extent funds are available

13 for such purpose under subsection (b), generic,

14 precompetitive research that advances research and

15 development activities at departmental laboratories

16 to the point of providing the potential basis for tech17 nology transfer;

18 ‘‘(7) for each cooperative research and develop19 ment agreement entered into by a departmental lab20 oratory or laboratories, prepare and make available

21 to Congress a data sheet which provides the approxi22 mate date or dates on which the agreement went

23 through each major stage of development, consider24 ation, and disposition by the laboratory or labora25 tories and the Department;
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1 ‘‘(8) promote and administer the National

2 Technology Partnership Award established by sec3 tion 8(a) of the Department of Energy Laboratory

4 Technology Act of 1993; and

5 ‘‘(9) carry out such additional duties as are as6 signed to the Office of Technology Development by

7 the Secretary relating to enhancing the technology

8 transfer activities of the Department.

9 ‘‘(b) There are authorized to be appropriated to the

10 Secretary, to be managed by the Office of Technology De11 velopment, for carrying out paragraphs (5) and (6) of sub12 section (a), $310,000,000 for fiscal year 1994,

13 $400,000,000 for fiscal year 1995, $500,000,000 for fis14 cal year 1996, and $580,000,000 for fiscal year 1997, of

15 which at least 5 percent for each fiscal year shall be for

16 carrying out subsection (a)(6). The Office of Technology

17 Development shall ensure that appropriated funding is

18 available to all departmental laboratories without distinc19 tion as to whether the laboratory is involved in defense

20 or nondefense activities.’’;

21 (7) in section 211, as so redesignated by para22 graph (5) of this section—

23 (A) by inserting the following at the end of

24 subsection (a): ‘‘Such Director shall report to
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1 the Under Secretary for Science and Tech2 nology.’’; and

3 (B) by amending subsection (b) to read as

4 follows:

5 ‘‘(b) It shall be the duty and responsibility of the Di6 rector—

7 ‘‘(1) to manage high energy and nuclear phys8 ics, fusion energy, and supporting research and tech9 nical analysis programs, including basic energy

10 sciences and university and science education pro11 grams;

12 ‘‘(2) to manage research and development on

13 the health, safety, and environmental effects of en14 ergy technologies and programs;

15 ‘‘(3) to administer the Department’s Small

16 Business Innovation Research Program;

17 ‘‘(4) to manage the Department’s program of

18 grants and other forms of financial assistance in

19 support of basic and applied energy research activi20 ties; and

21 ‘‘(5) to carry out such additional duties as are

22 assigned to the Office by the Secretary.’’; and

23 (8) by amending the table of contents to con24 form to the amendments made by this section.
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1 SEC. 7. AMENDMENTS TO STEVENSON-WYDLER TECH2 NOLOGY INNOVATION ACT OF 1980.

3 Section 12(c)(5) of the Stevenson-Wydler Technology

4 Innovation Act of 1980 (15 U.S.C. 3710a(c)(5)) is amend5 ed—

6 (1) by amending subparagraph (C)(i) to read as

7 follows:

8 ‘‘(C)(i) Except as provided in subparagraphs (D) and

9 (E), any agency which has contracted with a non-Federal

10 entity to operate a laboratory shall review and approve,

11 request specific modifications to, or disapprove a joint

12 work statement and cooperative research and development

13 agreement that is submitted by the director of such lab14 oratory within 30 days after such submission. In any case

15 in which such an agency disapproves or requests the modi16 fication of a joint work statement or cooperative research

17 and development agreement submitted under this section,

18 the agency shall promptly transmit a written explanation

19 of such disapproval or modification to the director of the

20 laboratory concerned. In any case where an agency has

21 requested specific modifications to a joint work statement

22 or cooperative research and development agreement, the

23 agency shall approve or disapprove any resubmission of

24 such joint work statement or cooperative research and de25 velopment agreement within 15 days after resubmission.

26 No agreement may be entered into by a Government-
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1 owned, contractor-operated laboratory under this section

2 before approval of both the cooperative research and devel3 opment agreement and a joint work statement.’’;

4 (2) by striking clauses (ii), (iv), and (vi) of sub5 paragraph (C);

6 (3) by redesignating clauses (iii) and (v) as

7 clauses (ii) and (iv), respectively;

8 (4) by inserting after subparagraph (C)(ii) the

9 following new clause:

10 ‘‘(iii) Any cooperative research and development

11 agreement involving a Federal commitment of $500,000

12 or more shall contain technical milestones and other ap13 propriate performance goals and evaluation criteria, with

14 an anticipated schedule for meeting such milestones,

15 goals, and criteria. Each sponsoring Federal agency shall

16 conduct annual reviews of the work conducted within such

17 cooperative research and development agreements and

18 shall determine whether such cooperative research and de19 velopment agreements—

20 ‘‘(I) generally are meeting established technical

21 milestones, performance goals, and evaluation cri22 teria;

23 ‘‘(II) require budget modifications in order to

24 achieve the technical milestones and other perform25 ance goals and evaluation criteria of the agreement;
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1 ‘‘(III) require modifications in the established

2 technical milestones and other performance goals

3 and evaluation criteria; or

4 ‘‘(IV) warrant termination.’’;

5 (5) in subparagraph (C)(iv), as so redesignated

6 by paragraph (3) of this section—

7 (A) by striking ‘‘under clause (iv) within’’

8 and inserting in lieu thereof ‘‘of a cooperative

9 research and development agreement under

10 clause (i) within’’;

11 (B) by striking ‘‘successive 30-day period’’

12 and inserting in lieu thereof ‘‘successive 10-day

13 period’’; and

14 (C) by striking ‘‘under clause (iv).’’ and in15 serting in lieu thereof ‘‘under clause (i).’’;

16 (6) by redesignating subparagraph (D) as sub17 paragraph (E); and

18 (7) by inserting after subparagraph (C) the fol19 lowing new subparagraph:

20 ‘‘(D)(i) A Federal agency may permit the director of

21 any of its Government-owned, contractor-operated labora22 tories to enter into a cooperative research and develop23 ment agreement involving a Federal commitment of

24 $500,000 or less, without the specific approval of the
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1 agency for the cooperative research and development

2 agreement.

3 ‘‘(ii) A laboratory director who is granted authority

4 by a Federal agency to enter into a cooperative research

5 and development agreement pursuant to clause (i) shall

6 provide the Federal agency with all relevant materials as7 sociated with the decision to enter into such an agreement,

8 including an explanation of how the agreement will com9 plement and contribute to the laboratory’s missions and

10 activities.’’.

11 SEC. 8. NATIONAL TECHNOLOGY PARTNERSHIP AWARD.

12 (a) ESTABLISHMENT.—There is established a Na13 tional Technology Partnership Award, which shall be evi14 denced by a medal or trophy bearing the inscription ‘‘Na15 tional Technology Partnership Award’’. The medal or tro16 phy shall be of such design and materials and bear such

17 additional inscriptions as the Secretary may prescribe.

18 (b) PRESENTATION OF AWARD.—(1) The President

19 shall periodically make the award to private sector or Fed20 eral Government organizations or individuals rec21 ommended by the review committee established under sub22 section (e) which in the judgment of the President have

23 substantially benefited the economic or social well-being

24 of the United States through public sector-private sector

25 collaboration involving technology development or tech-
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1 nology transfer, and which as a consequence are deserving

2 of special recognition.

3 (2) The presentation of the award shall be made by

4 the President with such ceremonies as the President may

5 deem proper.

6 (3) An organization to which an award is made under

7 this section may publicize its receipt of such award and

8 use the award in its advertising, but it shall be ineligible

9 to receive another such award in the same category for

10 a period of 5 years.

11 (c) CATEGORIES IN WHICH AWARD MAY BE GIVEN.—

12 (1) Subject to paragraphs (2) and (3) and the availability

13 of appropriations or other funding, separate awards shall

14 be made to qualifying organizations or individuals in each

15 of the following categories:

16 (A) An organization or individual involved in a

17 collaboration that led to the development or transfer

18 of a technology that contributed substantially to the

19 economic competitiveness of United States industry.

20 (B) An officer or employee of the Federal Gov21 ernment, or of a Federal laboratory, who has dem22 onstrated unique foresight by integrating industry

23 participation into a program in a fashion that added

24 considerable value to the Federal investment.
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1 (C) An organization or individual involved in a

2 collaboration that led to the development or transfer

3 of a technology that contributed substantially toward

4 protection of the environment.

5 (2) The Secretary may at any time expand, subdivide,

6 or otherwise modify the list of categories under paragraph

7 (1), except that any such expansion, subdivision, or modi8 fication shall not be effective unless the Secretary has sub9 mitted a detailed description thereof to the Congress and

10 a period of 30 days has elapsed since that submission.

11 (3) Not more than 2 awards may be made within any

12 category in any year, and no award shall be made within

13 any category if there are no qualifying candidates in that

14 category.

15 (d) CRITERIA FOR QUALIFICATION.—An organiza16 tion, officer, or employee of the Federal Government, or

17 of a Federal laboratory, may qualify for an award under

18 this section only if nominated in writing by the appro19 priate senior official of a Federal agency. A private sector

20 organization or individual may qualify for an award under

21 this section only if it applies to the Secretary in writing

22 for the award, or is nominated in writing by the appro23 priate senior official of a Federal agency.

24 (e) REVIEW COMMITTEE.—(1) The Secretary shall

25 establish and chair a review committee that shall meet an-
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1 nually to review nominations and applications for the Na2 tional Technology Partnership Award, and to recommend

3 to the President organizations or individuals that are

4 qualified to receive the Award.

5 (2) The membership of the review committee shall

6 consist of one representative each from the Federal orga7 nizations which comprise the Council, and an equal num8 ber of prominent representatives from private industry,

9 State or local governments, or universities or other non10 profit organizations, who are qualified to evaluate and

11 judge the merits of proposed candidates for the National

12 Technology Partnership Award.

13 (3) Members of the review committee shall receive no

14 compensation for service on the review committee other

15 than travel expenses and per diem in lieu of subsistence.

16 (4) Section 14 of the Federal Advisory Committee

17 Act shall not apply to the review committee established

18 under this subsection.

19 (f) FUNDING.—The Secretary is authorized to seek

20 and accept gifts from public and private sources to carry

21 out the program under this section.

22 SEC. 9. FEDERAL LABORATORY MISSION EVALUATION AND

23 COORDINATION COMMITTEE.

24 (a) ESTABLISHMENT.—The President, through the

25 Council, shall establish a Federal Laboratory Mission
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1 Evaluation and Coordination Committee. The Committee

2 shall carry out Council functions under section 401 of the

3 National Science and Technology Policy, Organization,

4 and Priorities Act of 1976 (42 U.S.C. 6651) relating to

5 evaluation and coordination of activities carried out at

6 Federal laboratories.

7 (b) MEMBERSHIP.—The Committee shall consist of

8 the Director of the Office of Science and Technology Pol9 icy, who shall chair the Committee, and one representative

10 each from—

11 (1) the Department of Agriculture;

12 (2) the Department of Commerce;

13 (3) the Department of Defense;

14 (4) the Department of Education;

15 (5) the Department of Energy;

16 (6) the Department of Health and Human

17 Services;

18 (7) the Department of Housing and Urban De19 velopment;

20 (8) the Department of the Interior;

21 (9) the Department of State;

22 (10) the Department of Transportation;

23 (11) the Department of Veterans Affairs;

24 (12) the Environmental Protection Agency;
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1 (13) the National Aeronautics and Space Ad2 ministration;

3 (14) the National Economic Council;

4 (15) the National Science Foundation;

5 (16) the National Security Council

6 (17) the Office of Management and Budget;

7 and

8 (18) such other agencies and departments of

9 the United States as the President considers appro10 priate.

11 Such representatives shall be high ranking officials of

12 their agency or department, wherever possible the head

13 of the portion of that agency or department that is most

14 relevant to the functions of the Committee.

15 (c) SUPPORT PERSONNEL.—The Chairperson of the

16 Council shall seek to have Federal employees detailed to

17 the Council for purposes of working on business of the

18 Committee, and shall have the authority to make person19 nel decisions regarding such employees. An Executive Sec20 retary shall be appointed by the Chairperson of the Com21 mittee, with the approval of the Committee, to provide co22 ordination and administrative support to the Committee.

23 The Executive Secretary shall be a permanent employee

24 of one of the agencies or departments represented on the
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1 Committee, and shall remain in the employ of such agency

2 or department.

3 (d) FUNCTIONS.—The Committee shall—

4 (1) review the missions of, activities conducted

5 at, and scientific, technical, and human resources at,

6 Federal laboratories, with the goals of—

7 (A) improving the efficiency and effective8 ness of the overall Federal laboratory system;

9 (B) ensuring that research and develop10 ment conducted at Federal laboratories is co11 ordinated to maximize its contribution to Unit12 ed States economic growth, environmental pro13 tection, national security, expansion of human

14 knowledge, and other important national goals;

15 and

16 (C) ensuring, to the maximum extent prac17 ticable, that between 10 and 20 percent of the

18 budgets of Federal laboratories are devoted to

19 collaborative activities with private industry and

20 State or local governments;

21 (2) develop and implement a process for assign22 ing missions to the Federal laboratories with the

23 best scientific, technical, and human capabilities for

24 successfully addressing such missions;
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1 (3) develop and ensure implementation, as ap2 propriate, of a cross-cutting program evaluation sys3 tem for research and development activities at the

4 Federal laboratories including, where appropriate,

5 the establishment of technical milestones and other

6 measures for performance evaluation for major ac7 tivities at Federal laboratories;

8 (4) serve as a forum for review and develop9 ment of Government-wide policies and procedures

10 for collaborative activities between Federal labora11 tories and private industry, State or local govern12 ments, or universities or other nonprofit organiza13 tions;

14 (5) work to ensure that technology transfer

15 considerations are integrated into the planning of

16 Federal laboratory research and development activi17 ties;

18 (6) annually evaluate and report to Congress on

19 the progress of all appropriate Federal laboratories

20 toward achieving the goal stated in paragraph

21 (1)(C); and

22 (7) prepare, and submit to the President within

23 1 year after the date of enactment of this Act, rec24 ommendations regarding the advisability of the es25 tablishment of a Commission to determine whether
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1 specific Federal laboratories should be realigned,

2 consolidated, closed, or otherwise altered in order to

3 meet the goals stated in subparagraphs (A), (B),

4 and (C) of paragraph (1).

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