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 link-
ages between the laboratories of the Department of En-
ergy and the private sector and by supporting the devel-
opment and application of technologies critical to the
economic, scientific and technological competitiveness of
the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
mental laboratories undertakes research, develop-
ment, demonstration, commercial application, or
technical assistance activities in cooperation with one
or more non-Federal partners and which may in-
clude partners from other Federal agencies; and
(5) ‘‘Secretary’’ means the Secretary of Energy.
SEC. 3. COMPETITIVENESS AMENDMENT TO THE DEPART-
MENT OF ENERGY ORGANIZATION ACT.
(a) AMENDMENT.—The Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.) is amended by add-
ing at the end the following new title:
‘‘TITLE XI—TECHNOLOGY
PARTNERSHIPS
‘‘SEC. 1101. FINDINGS, PURPOSES, AND DEFINITIONS.
‘‘(a) FINDINGS.—For purposes of this title, Congress
finds that—
‘‘(1) the Department has scientific and tech-
nical resources within the departmental laboratories
in many areas of importance to the economic, sci-
entific, and technological competitiveness of United
States industry;
‘‘(2) the extensive scientific and technical in-
vestment in people, facilities, and equipment in the
departmental laboratories can contribute to the
achievement of national technology goals in areas
such as the environment, health, space, and trans-
portation;
‘‘(3) the Department has pursued aggressively
the transfer of technology from departmental labora-
tories to the private sector; however, the capabilities
of the laboratories could be made more fully acces-
sible to United States industry and to other Federal
agencies;
‘‘(4) technology development has been increas-
ingly driven by the commercial marketplace, and the
private sector has research and development capa-
bilities in a broad range of generic technologies;
‘‘(5) the Department and the departmental lab-
oratories would benefit, in carrying out their mis-
sions, from collaboration and partnership with
United States industry and other Federal agencies;
and
‘‘(6) partnerships between the departmental
laboratories and United States industry can provide
significant benefits to the Nation as a whole, includ-
ing creation of jobs for United States workers and
improvement of the competitive position of the
United States in key sectors of the economy such as
aerospace, automotive, chemical, and electronics.
‘‘(b) PURPOSES.—The purposes of this title are—
‘‘(1) to promote partnerships among the De-
partment, the departmental laboratories, and the
private sector;
‘‘(2) to establish a goal for the amount of de-
partmental laboratory resources to be committed to
partnerships;
‘‘(3) to ensure that the Department and the de-
partmental laboratories play an appropriate role,
consistent with the core competencies of the labora-
tories, in implementing the President’s critical tech-
nology strategies;
‘‘(4) to provide additional authority to the Sec-
retary to enter into partnerships with the private
sector to carry out research, development, dem-
onstration, and commercial application activities;
‘‘(5) to streamline the approval process for co-
operative research and development agreements pro-
posed by the departmental laboratories; and
‘‘(6) to facilitate greater cooperation between
the Department and other Federal agencies as part
of an integrated national effort to improve United
States competitiveness.
‘‘(c) DEFINITIONS.—For purposes of this title, the
term—
‘‘(1) ‘cooperative research and development
agreement’ has the meaning given that term in sec-
tion 12(d)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d)(1));
‘‘(2) ‘core competency’ means an area in which
the Secretary determines a departmental laboratory
has developed expertise and demonstrated capabili-
ties;
‘‘(3) ‘critical technology’ means a technology
identified in the Report of the National Critical
Technologies Panel;
‘‘(4) ‘departmental laboratory’ means a facility
operated by or on behalf of the Department that is
a laboratory, as that term is defined in section
12(d)(2) of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a(d)(2)) and any
other laboratory or facility designated by the Sec-
retary;
‘‘(5) ‘disadvantaged individual’ has the meaning
given the terms ‘socially disadvantaged individual’
and ‘economically disadvantaged individual’ in sec-
tion 8(a) (5) and (6) of the Small Business Act (15
U.S.C. 637(a) (5) and (6));
‘‘(6) ‘dual-use technology’ means a technology
that has military and commercial applications;
‘‘(7) ‘educational institution’ means a college,
university, or elementary or secondary school, in-
cluding any not-for-profit organization dedicated to
education that would be exempt under section
501(a) of the Internal Revenue Code of 1986;
‘‘(8) ‘minority college or university’ means a
historically Black college or university that is a ‘part
B institution’ under section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)) or a
‘minority institution’ as that term is defined in sec-
tion 1046(3) of the Higher Education Act of 1965
(20 U.S.C. 1135d–5(3));
‘‘(9) ‘multiprogram departmental laboratory’
means any of the following: Argonne National Lab-
oratory, Brookhaven National Laboratory, Idaho
National Engineering Laboratory, Lawrence Berke-
ley Laboratory, Lawrence Livermore National Lab-
oratory, Los Alamos National Laboratory, National
Renewable Energy Laboratory, Oak Ridge National
Laboratory, Pacific Northwest Laboratory, and
Sandia National Laboratories;
‘‘(10) ‘partnership’ means any arrangement
under which the Secretary or one or more depart-
mental laboratories undertakes research, develop-
ment, demonstration, commercial application, or
technical assistance activities in cooperation with one
or more non-Federal partners and which may in-
clude partners from other Federal agencies;
‘‘(11) ‘Report of the National Critical Tech-
nologies Panel’ means the biennial report on na-
tional critical technologies submitted to Congress by
the President pursuant to section 603(d) of the Na-
tional Science and Technology Policy, Organization,
and Priorities Act of 1976 (42 U.S.C. 6683(d)); and
‘‘(12) ‘small business’ means a business concern
that meets the applicable standards prescribed pur-
suant to section 3(a) of the Small Business Act (15
U.S.C. 632(a)).
‘‘SEC. 1102. GENERAL AUTHORITY.
‘‘(a)(1) In carrying out the missions of the Depart-
ment, the Secretary and the departmental laboratories
may conduct research, development, demonstration or
commercial application activities that build on the core
competencies of the departmental laboratories.
‘‘(2) In addition to missions established pursuant to
other laws, the Secretary may assign to departmental lab-
oratories any of the following missions:
‘‘(A) National security, including the—
‘‘(i) advancement of the military applica-
tion of atomic energy;
‘‘(ii) support of the production of atomic
weapons, or atomic weapons parts, including
special nuclear materials;
‘‘(iii) support of naval nuclear propulsion
programs;
‘‘(iv) support for the dismantlement of
atomic weapons and the safe storage, transpor-
tation, and disposal of special nuclear materials;
‘‘(v) development of technologies and tech-
niques for the safe storage, processing, treat-
ment, transportation, and disposal of hazardous
waste (including radioactive waste) resulting
from nuclear materials production, weapons
production and surveillance programs, and
naval nuclear propulsion programs and of tech-
nologies and techniques for the reduction of en-
vironmental hazards and contamination due to
such waste and the environmental restoration of
sites affected by such waste;
‘‘(vi) development of technologies and tech-
niques needed for the effective negotiation and
verification of international arms control agree-
ments and for the containment of the prolifera-
tion of nuclear, chemical, and biological weap-
ons and delivery vehicles of such weapons; and
posal of nuclear waste resulting from commer-
cial nuclear activities; and
‘‘(vii) improvement of the quality of edu-
cation in science, mathematics, and engineering.
‘‘(C) Industrial infrastructure, in technology
areas such as—
‘‘(i) microelectronics;
‘‘(ii) 
high-performance 
computing 
and
communications;
‘‘(iii) transportation;
‘‘(iv) advanced manufacturing;
‘‘(v) advanced materials;
‘‘(vi) space;
‘‘(vii) human health sciences; and
‘‘(viii) environmental science.
‘‘(D) Technology transfer.
‘‘(3) In carrying out the Department’s missions, the
Secretary, and the directors of the departmental labora-
tories, shall, to the maximum extent practicable, make use
of partnerships. Such partnerships shall be for purposes
of the following:
‘‘(A) To lead to the development of technologies
that the private sector can commercialize in areas of
technology with broad application important to
United States technological and economic competi-
tiveness.
‘‘(B) To provide Federal support in areas of
technology where the cost or risk is too high for the
private sector to support alone but that offer a po-
tentially high payoff to the United States.
‘‘(C) To contribute to the education and train-
ing of scientists and engineers.
‘‘(D) To provide university and private re-
searchers access to departmental laboratory facili-
ties.
‘‘(E) To provide technical expertise to univer-
sities, industry, or other Federal agencies.
‘‘(b) The Secretary, in carrying out partnerships,
may enter into agreements using instruments authorized
under applicable laws, including but not limited to con-
tracts, cooperative research and development agreements,
work for other agreements, user-facility agreements, coop-
erative agreements, grants, personnel exchange agree-
ments, and patent and software licenses with any person,
any agency or instrumentality of the United States, any
State or local governmental entity, any educational institu-
tion, and any other entity, private sector or otherwise.
‘‘(c) The Secretary, and the directors of the depart-
mental laboratories, shall utilize partnerships with United
States industry, to the maximum extent practicable, to en-
sure that technologies developed in pursuit of the Depart-
ment’s missions are applied and commercialized in a
timely manner.
‘‘(d) The Secretary shall work with other Federal
agencies to carry out research, development, demonstra-
tion, or commercial application activities where the core
competencies of the departmental laboratories could con-
tribute to the missions of such other agencies.
‘‘SEC. 1103. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS
BETWEEN DEPARTMENTAL LABORATORIES
AND UNITED STATES INDUSTRY.
‘‘(a) Beginning in fiscal year 1994, the Secretary
shall establish a goal to allocate to cost-shared partner-
ships with United States industry not less than 20 percent
of the annual funds provided by the Secretary to each
multiprogram departmental laboratory for research, devel-
opment, demonstration, and commercial application activi-
ties.
‘‘(b) Beginning in fiscal year 1994, the Secretary
shall establish an appropriate goal for the amount of re-
sources to be committed to cost-shared partnerships with
United States industry at other departmental laboratories.
‘‘SEC. 1104. ROLE OF THE DEPARTMENT IN THE DEVELOP-
MENT OF CRITICAL TECHNOLOGY STRATE-
GIES.
‘‘(a) The Secretary shall develop a multiyear critical
technology strategy for research, development, demonstra-
tion, and commercial application activities supported by
the Department for critical technologies.
‘‘(b) In developing such strategy, the Secretary
shall—
‘‘(1) identify the core competencies of each de-
partmental laboratory;
‘‘(2) develop goals and objectives for the appro-
priate role of the Department in each of the critical
technologies, taking into consideration the core com-
petencies of the departmental laboratories;
‘‘(3) consult with appropriate representatives of
United States industry, including members of indus-
try associations and representatives of labor organi-
zations; and
‘‘(4) participate in the executive branch process
to develop critical technology strategies.
‘‘SEC. 1105. PARTNERSHIP PREFERENCES.
‘‘(a) The Secretary shall ensure that the principal
economic benefits of any partnership accrue to the United
States economy.
‘‘(b) Any partnership that would be given preference
under section 12(c)(4), of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(4))
if it were a cooperative research and development agree-
ment shall be given preference under this title.
‘‘(c) The Secretary shall issue guidelines, after con-
sultation with the Laboratory Partnership Advisory Board
established under section 1109, for application of section
12(c)(4) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a(c)(4)) and application of
subsection (a) of this section to partnerships.
‘‘(d) The Secretary shall encourage partnerships that
involve minority colleges or universities or private sector
entities owned or controlled by disadvantaged individuals.
‘‘SEC. 1106. EVALUATION OF PARTNERSHIP PROGRAMS.
‘‘(a) The Secretary, in consultation with the Labora-
tory Partnership Advisory Board established under section
1109, shall develop mechanisms for independent evalua-
tion of the ongoing partnership activities of the Depart-
ment and the departmental laboratories.
‘‘(b)(1) The Secretary and the director of each de-
partmental laboratory shall develop mechanisms for as-
sessing the progress of each partnership.
‘‘(2) The Secretary and the director of each depart-
mental laboratory shall utilize the mechanisms developed
under paragraph (1) to evaluate the accomplishments of
each ongoing multiyear partnership and shall condition
continued Federal participation in each partnership on
demonstrated progress.
‘‘SEC. 1107. ANNUAL REPORT.
‘‘(a) The Secretary shall submit an annual report to
Congress describing the ongoing partnership activities of
the Secretary and each departmental laboratory and, to
the extent practicable, the activities planned by the Sec-
retary and by each departmental laboratory for the coming
fiscal year. In developing the report, the Secretary shall
seek the advice of the Laboratory Partnership Advisory
Board established under section 1109.
‘‘(b) The Secretary shall submit the report under sub-
section (a) to the Committees on Appropriations and En-
ergy and Natural Resources of the Senate and to the Com-
mittees on Appropriations, Energy and Commerce, and
Science, Space, and Technology of the House of Rep-
resentatives. No later than March 1, 1994, and no later
than the first of March of each subsequent year, the Sec-
retary shall submit the report under subsection (a) that
covers the fiscal year beginning on the first of October
of such year.
‘‘(c) Each director of a departmental laboratory shall
provide annually to the Secretary a report on ongoing
partnership activities and a plan and such other informa-
tion as the Secretary may reasonably require describing
the partnership activities the director plans to carry out
in the coming fiscal year. The director shall provide such
report and plan in a timely manner as prescribed by the
Secretary to permit preparation of the report under sub-
section (a).
‘‘(d) The Secretary’s description of planned activities
under subsection (a) shall include, to the extent such in-
formation is available, appropriate information on—
‘‘(1) the total funds to be allocated to partner-
ship activities by the Secretary and by the director
of each departmental laboratory;
‘‘(2) a breakdown of funds to be allocated by
the Secretary and by the director of each depart-
mental laboratory for partnership activities by areas
of technology;
‘‘(3) any plans for additional funds not de-
scribed in paragraph (2) to be set aside for partner-
ships during the coming fiscal year;
‘‘(4) any partnership that involves a Federal
contribution in excess of $500,000 the Secretary or
the director of each departmental laboratory expects
to enter into in the coming fiscal year;
‘‘(5) the technologies that will be advanced by
each partnership that involves a Federal contribu-
tion in excess of $500,000;
‘‘(6) the types of entities that will be eligible for
participation in partnerships;
‘‘(7) the nature of the partnership arrange-
ments, including the anticipated level of financial
and in-kind contribution from participants and any
repayment terms;
‘‘(8) the extent of use of competitive procedures
in selecting partnerships; and
‘‘(9) such other information that the Secretary
finds relevant to the determination of the appro-
priate level of Federal support for such partnerships.
‘‘(e) The Secretary shall provide appropriate notice
in advance to Congress of any partnership, which has not
been described previously in the report required by sub-
section (a), that involves a Federal contribution in excess
of $500,000.
‘‘SEC. 1108. PARTNERSHIP PAYMENTS.
‘‘(a)(1) Partnership agreements entered into by the
Secretary may require a person or other entity to make
payments to the Department, or any other Federal agen-
cy, as a condition for receiving support under the agree-
ment.
‘‘(2) The amount of any payment received by the
Federal Government pursuant to a requirement imposed
under paragraph (1) may be credited, to the extent au-
thorized by the Secretary, to the account established under
paragraph (3). Amounts so credited shall be available,
subject to appropriations, for partnerships.
‘‘(3) There is hereby established in the United States
Treasury an account to be known as the ‘Department of
Energy Partnership Fund’.
‘‘(b) The Secretary may advance funds under any
partnership without regard to section 3324 of title 31 of
the United States Code to—
‘‘(1) small businesses;
‘‘(2) not-for-profit organizations that would be
exempt under section 501(a) of the Internal Revenue
Code of 1986; or
‘‘(3) State or local governmental entities.
‘‘SEC. 1109. LABORATORY PARTNERSHIP ADVISORY BOARD
AND 
INDUSTRIAL 
ADVISORY 
GROUPS 
AT
MULTIPROGRAM DEPARTMENTAL LABORA-
TORIES.
‘‘(a)(1) The Secretary shall establish within the De-
partment an advisory board to be known as the ‘‘Labora-
tory Partnership Advisory Board’’, to provide the Sec-
retary with advice on the implementation of this title.
‘‘(2) The membership of the Laboratory Partnership
Advisory Board shall consist of persons who are qualified
to provide the Secretary with advice on the implementa-
tion of this title. Members of the Board shall include rep-
resentatives primarily from United States industry but
shall also include representatives from—
‘‘(A) small businesses;
‘‘(B) private sector entities owned or controlled
by disadvantaged individuals;
‘‘(C) educational institutions, including rep-
resentatives from minority colleges or universities;
‘‘(D) laboratories of other Federal agencies;
and
‘‘(E) professional and technical societies in the
United States.
‘‘(3) The Laboratory Partnership Advisory Board
shall request comment and suggestions from departmental
laboratories to assist the Board in providing advice to the
Secretary on the implementation of this title.
‘‘(b) The director of each multiprogram departmental
laboratory shall establish an advisory group consisting of
persons from United States industry to—
‘‘(1) evaluate new initiatives proposed by the
multiprogram departmental laboratory;
‘‘(2) identify opportunities for partnerships with
United States industry; and
‘‘(3) 
evaluate 
ongoing 
programs 
at 
the
multiprogram departmental laboratory from the per-
spective of United States industry.
‘‘(c) Nothing in this section is intended to preclude
the Secretary or the director of a departmental laboratory
from utilizing existing advisory boards to achieve the pur-
poses of this section.
‘‘SEC. 1110. FELLOWSHIP PROGRAM.
‘‘The Secretary shall encourage scientists, engineers,
and technical staff from departmental laboratories to serve
as visiting fellows in research and manufacturing facilities
of industrial organizations, State and local governments,
and educational institutions in the United States and for-
eign countries. The Secretary may establish a formal fel-
lowship program for this purpose or may authorize such
activities on a case-by-case basis. The Secretary shall also
encourage scientists and engineers from United States in-
dustry to serve as visiting scientists and engineers in the
departmental laboratories.
‘‘SEC. 1111. COOPERATION WITH STATE AND LOCAL PRO-
GRAMS FOR TECHNOLOGY DEVELOPMENT
AND DISSEMINATION.
‘‘The Secretary and the director of each departmental
laboratory shall seek opportunities to coordinate their ac-
tivities with programs of State and local governments for
technology development and dissemination, including pro-
grams funded in part by the Secretary of Defense pursu-
ant to section 2523 of title 10, United States Code, and
section 2513 of title 10, United States Code, and pro-
grams funded in part by the Secretary of Commerce pur-
suant to sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and
278l), and section 5121(b) of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 278l note).
‘‘SEC. 1112. AVAILABILITY OF FUNDS FOR PARTNERSHIPS.
‘‘(a) All of the funds authorized to be appropriated
to the Secretary for research, development, demonstration,
or commercial application activities, other than atomic en-
ergy defense programs, shall be available for partnerships
to the extent such partnerships are consistent with the
goals and objectives of such activities.
‘‘(b) All of the funds authorized to be appropriated
to the Secretary for research, development, demonstration,
or commercial application of dual-use technologies within
the Department’s atomic energy defense activities shall be
available for partnerships to the extent such partnerships
are consistent with the goals and objectives of such activi-
ties.
‘‘(c) Funds authorized to be appropriated to the Sec-
retary and made available for departmental laboratory-di-
rected research and development shall be available for any
partnership.
‘‘SEC. 1113. PROTECTION OF INFORMATION.
‘‘Section 12(c)(7) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)),
relating to the protection of information, shall apply to
the partnership activities undertaken by the Secretary and
by the directors of the departmental laboratories.
‘‘SEC. 1114. FAIRNESS OF OPPORTUNITY.
‘‘(a) The Secretary and the director of each depart-
mental laboratory shall institute procedures to ensure that
information on laboratory capabilities and arrangements
for participating in partnerships with the Secretary or the
departmental laboratories is publicly disseminated.
‘‘(b) Prior to entering into any partnership having a
Federal contribution in excess of $5,000,000, the Sec-
retary or director of a departmental laboratory shall en-
sure that the opportunity to participate in such partner-
ship has been publicly announced to potential participants.
‘‘(c) In cases where the Secretary or the director of
a departmental laboratory believes a potential partnership
activity would benefit from broad participation from the
private sector, the Secretary or the director of such de-
partmental laboratory may take such steps as may be nec-
essary to facilitate formation of a United States industry
consortium to pursue the partnership activity.
‘‘SEC. 1115. PRODUCT LIABILITY.
‘‘The Secretary, after consultation with the Labora-
tory Partnership Advisory Board established under section
1109, and the Attorney General shall enter into a memo-
randum of understanding establishing a consistent policy
and standards regarding the responsibilities of the Sec-
retary, the directors of the departmental laboratories, and
the Attorney General with respect to the liability of the
United States, of the non-Federal entity operating a de-
partmental laboratory, and of any other party to a part-
nership for product liability claims arising from partner-
ship activities. The Secretary and the director of each de-
partmental laboratory shall, to the maximum extent prac-
ticable, incorporate into any partnership the policy and
standards established in the memorandum of understand-
ing.
‘‘SEC. 1116. INTELLECTUAL PROPERTY.
‘‘The Secretary shall, after consultation with the
Laboratory Partnership Advisory Board established under
section 1109, develop guidelines governing the responsibil-
ities of the Secretary and the directors of the departmental
laboratories with respect to the application of intellectual
property laws by the Secretary and by the director of each
departmental laboratory in partnership arrangements.
‘‘SEC. 1117. SMALL BUSINESS.
‘‘(a) The Secretary shall develop simplified proce-
dures and guidelines for partnerships involving small busi-
nesses to facilitate access to the resources and capabilities
of the departmental laboratories.
‘‘(b) Notwithstanding any other law, the Secretary
may waive, in whole or in part, any cost-sharing require-
ment for a small business involved in a partnership if the
Secretary determines that the cost-sharing requirement
would impose an undue hardship on the small business
and would prevent the formation of the partnership.
‘‘(c) Notwithstanding section 12(d)(1) of the Steven-
son-Wydler 
Innovation 
Act 
of 
1980 
(15 
U.S.C.
3710a(d)(1)), the Secretary may provide funds as part of
a cooperative research and development agreement to a
small business if the Secretary determines that the funds
are necessary to prevent imposing an undue hardship on
the small business and necessary for the formation of the
cooperative research and development agreement.
‘‘SEC. 1118. MINORITY COLLEGE AND UNIVERSITY REPORT.
‘‘Within one year after the date of enactment of this
title, and annually thereafter, the Secretary shall submit
to the Committee on Energy and Natural Resources of
the Senate and to the Committees on Energy and Com-
merce, Science, Space, and Technology, and Education
and Labor of the House of Representatives a report identi-
fying opportunities for minority colleges and universities
to participate in programs and activities being carried out
by the Department or the departmental laboratories. The
Secretary shall consult with representatives of minority
colleges and universities in preparing the report. Such re-
port shall—
‘‘(1) describe ongoing education and training
programs being carried out by the Department or
the departmental laboratories with respect to or in
conjunction with minority colleges and universities in
the areas of mathematics, science, and engineering;
‘‘(2) describe ongoing research, development,
demonstration, or commercial application activities
involving the Department or the departmental lab-
oratories and minority colleges and universities;
‘‘(3) describe funding levels for the programs
and activities described in paragraphs (1) and (2);
‘‘(4) identify ways for the Department or the
departmental laboratories to assist minority colleges
and universities in providing education and training
in the fields of mathematics, science, and engineer-
ing;
‘‘(5) identify ways for the Department or the
departmental laboratories to assist minority colleges
and universities in entering into partnerships;
‘‘(6) address the need for and potential role of
the Department or the departmental laboratories in
providing to minority colleges and universities—
‘‘(A) increased research opportunities for
faculty and students;
‘‘(B) assistance in faculty development and
recruitment and curriculum enhancement and
development; and
‘‘(C) laboratory instrumentation and equip-
ment, including computer equipment, through
purchase, loan, or other transfer;
‘‘(7) address the need for and potential role of
the Department or departmental laboratories in pro-
viding funding and technical assistance for the devel-
opment of infrastructure facilities, including build-
ings and laboratory facilities at minority colleges
and universities; and
‘‘(8) make specific proposals and recommenda-
tions, together with estimates of necessary funding
levels, for initiatives to be carried out by the Depart-
ment or the departmental laboratories to assist mi-
nority colleges and universities in providing edu-
cation and training in the areas of mathematics,
science, and engineering, and in entering into part-
nerships with the Department or departmental lab-
oratories.
‘‘SEC. 1119. MINORITY COLLEGE AND UNIVERSITY SCHOL-
ARSHIP PROGRAM.
‘‘The Secretary shall establish a scholarship program
for students attending minority colleges or universities
and pursuing a degree in energy-related scientific, mathe-
matical, engineering, and technical disciplines. The pro-
gram shall include tuition assistance. The program shall
provide an opportunity for the scholarship recipient to
participate in an applied work experience in a depart-
mental laboratory. Recipients of such scholarships shall be
students deemed by the Secretary to have demonstrated
(1) a need for such assistance and (2) academic potential
in the particular area of study. Scholarships awarded
under this program shall be known as Secretary of Energy
Scholarships.’’.
(b) CONFORMING AMENDMENT—The table of con-
tents of the Department of Energy Organization Act (42
U.S.C. 7101 et. seq.) is amended by adding at the end
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 Devel-
opment 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.’’.
SEC. 4. NATIONAL ADVANCED MANUFACTURING TECH-
NOLOGIES PROGRAM.
The Secretary is encouraged to use partnerships to
expedite the private sector deployment of advanced manu-
facturing technologies as required by section 2202(a) of
the Energy Policy Act of 1992 (42 U.S.C. 13502).
SEC. 5. NOT-FOR-PROFIT ORGANIZATIONS.
The Secretary shall encourage the establishment of
not-for-profit organizations, such as the Center for Ap-
plied 
Development 
of 
Environmental 
Technology
(CADET), that will facilitate the transfer of technologies
from the departmental laboratories to the private sector.
SEC. 6. CAREER PATH PROGRAM.
(a) The Secretary, utilizing authority under other ap-
plicable law and the authority of this section, shall estab-
lish a career path program to recruit employees of the na-
tional laboratories to serve in positions in the Department.
(b) Section 207 of title 18, United States Code, is
amended by inserting after subsection (j)(6) the following:
‘‘(7) NATIONAL LABORATORIES.—(A) The re-
strictions contained in subsections (a), (b), (c), and
(d) shall not apply to an appearance or communica-
tion made, or advice or aid rendered by a person em-
ployed at a facility described in subparagraph (B),
if the appearance or communication is made on be-
half of the facility or the advice or aid is provided
to the contractor of the facility.
‘‘(B) This paragraph applies to the following:
Argonne National Laboratory, Brookhaven National
Laboratory, Idaho National Engineering Laboratory,
Lawrence Berkeley Laboratory, Lawrence Livermore
National Laboratory, Los Alamos National Labora-
tory, National Renewable Energy Laboratory, Oak
Ridge National Laboratory, Pacific Northwest Lab-
oratory, and Sandia National Laboratories.’’.
(c) Section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423) is amended by inserting the
following new subsection:
‘‘(q) NATIONAL LABORATORIES.—(1) The restric-
tions on obtaining a recusal contained in subsection (c)
(2) and (3) shall not apply to discussions of future employ-
ment or business opportunity between a procurement offi-
cial and a competing contractor managing and operating
a facility described in paragraph (3), if such discussions
concern the employment of the procurement official at
such facility.
‘‘(2) The restrictions contained in subsection (f)(1)
shall not apply to activities performed on behalf of a facil-
ity described in paragraph (3).
‘‘(3) This subsection applies to the following: Ar-
gonne National Laboratory, Brookhaven National Labora-
tory, Idaho National Engineering Laboratory, Lawrence
Berkeley Laboratory, Lawrence Livermore National Lab-
oratory, Los Alamos National Laboratory, National Re-
newable Energy Laboratory, Oak Ridge National Labora-
tory, Pacific Northwest Laboratory, and Sandia National
Laboratories.’’.
SEC. 
7. 
INFORMATION 
INFRASTRUCTURE 
AND 
TECH-
NOLOGY.
(a) FINDINGS.—For purposes of this section, Con-
gress finds that—
(1) high-performance computing has the poten-
tial to enhance the economic, scientific, and techno-
logical competitiveness of United States industry;
and
(2) the Federal Government should ensure that
there is a coordinated interagency program in part-
nership with the private sector to identify and pro-
mote applications of high-performance computing
that will significantly improve the use of informa-
tion, foster and strengthen research and develop-
ment capabilities, and enhance the competitiveness
of United States industry.
(b) PURPOSES.—The purposes of this section are
to—
(1) ensure the widest possible application of
high-performance computing in the United States;
and
(2) provide for partnerships that will enhance
Federal and private efforts to deploy and commer-
cialize these technologies as part of a national infor-
mation infrastructure.
(c) NATIONAL INFORMATION INFRASTRUCTURE DE-
VELOPMENT PROGRAM.—The High-Performance Comput-
ing Act of 1991 (15 U.S.C. 5501 et seq.) is amended—
(1) in section 101(a), by adding after para-
graph (2) a new paragraph (3) as follows and re-
numbering subsequent paragraphs accordingly:
‘‘(3) The Program shall also—
‘‘(A) provide for a coordinated interagency ef-
fort in partnership with the private sector to de-
velop, deploy, and commercialize high-performance
computing technologies through a national informa-
tion infrastructure for applications in—
‘‘(i) education;
‘‘(ii) health care;
‘‘(iii) manufacturing;
‘‘(iv) digital information;
‘‘(v) energy demand management;
‘‘(vi) environmental monitoring and reme-
diation;
‘‘(vii) financial services;
‘‘(viii) law enforcement; and
‘‘(ix) such other fields as the President
deems appropriate;
‘‘(B) set forth the role of the Network in mak-
ing the benefits of applications of high-performance
computing available to United States industry, gov-
ernment, and academia through a national informa-
tion infrastructure; and
‘‘(C) otherwise ensure that services and applica-
tions of high-performance computing technologies
are available as needed to United States industry,
government, and academia.’’;
(2) in section 101(a)(2)(I)(ii), (a)(4), and
(c)(2), by striking ‘‘(3)(A)’’ each place it appears
and inserting in lieu thereof ‘‘(4)(A)’’; and
(3) in section 203, by adding at the end thereof
a new subsection (f) as follows:
‘‘(f) APPLICATIONS.—(1) The Secretary of Energy
shall, consistent with the Program, provide for cooperative
projects involving the Department of Energy or one or
more Department of Energy laboratories and appropriate
non-Federal entities to develop, test, and apply high-per-
formance computing technologies for—
‘‘(A) education and training, including science,
mathematics, and engineering education and prac-
tical postsecondary training in skills needed by
United States industry;
‘‘(B) health care, including remote diagnosis
and monitoring;
‘‘(C) manufacturing;
‘‘(D) energy demand management and control,
including vehicle efficiency and utilization, energy ef-
ficiency in commercial and residential buildings, and
industrial energy use and practices;
‘‘(E) scientific, technical, and energy informa-
tion dissemination and analysis, including exhibits
and model experiments;
‘‘(F) technology transfer among the Depart-
ment of Energy laboratories, United States industry,
and educational institutions;
‘‘(G) environmental monitoring, modeling, and
remediation;
‘‘(H) financial services, including security and
data base management of financial data;
‘‘(I) law enforcement; and
‘‘(J) such other areas as the Secretary of En-
ergy deems appropriate.
‘‘(2) In carrying out projects under paragraph (1),
the Secretary of Energy shall, where appropriate, seek to
address the technical, architectural, economic, regulatory,
and market considerations critical to further development
of a national information infrastructure.
‘‘(3) There are authorized to be appropriated to the
Secretary of Energy for purposes of this subsection
$50,000,000 for fiscal year 1994, $100,000,000 for fiscal
year 1995, and $150,000,000 for fiscal year 1996.’’.
SEC. 8. DOE MANAGEMENT.
(a) Section 202(a) of the Department of Energy Or-
ganization Act (42 U.S.C. 7132(a)) is amended by strik-
ing ‘‘Under Secretary’’ and inserting in lieu thereof
‘‘Under Secretaries’’.
(b) Section 202(b) of the Department of Energy Or-
ganization Act (42 U.S.C. 7132(b)) is amended to read
as follows:
‘‘(b) There shall be in the Department three Under
Secretaries and a General Counsel, who shall be appointed
by the President, by and with the advice and consent of
the Senate, and who shall perform functions and duties
the Secretary prescribes. The Under Secretaries shall be
compensated at the rate provided for level III of the Exec-
utive Schedule under section 5314 of title 5, United States
Code, and the General Counsel shall be compensated at
the rate provided for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.’’.
SEC. 9. AMENDMENTS TO STEVENSON-WYDLER TECH-
NOLOGY INNOVATION ACT.
(a) Section 12(c)(5) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5))
is amended—
(1) by amending subparagraph (C)(i) to read as
follows:
‘‘(C)(i) Any agency that has contracted with a non-
Federal entity to operate a laboratory shall review and ap-
prove, request specific modifications to, or disapprove a
joint work statement and cooperative research and devel-
opment agreement that is submitted by the director of
such laboratory within thirty days after such submission.
In any case where an agency has requested specific modi-
fications to a joint work statement or cooperative research
and development agreement, the agency shall approve or
disapprove any resubmission of such joint work statement
or cooperative research and development agreement within
fifteen days after such resubmission. No agreement may
be entered into by a Government-owned, contractor-oper-
ated laboratory under this section before both approval of
the cooperative research and development agreement and
a joint work statement.’’;
(2) in subparagraph (C)(ii), by inserting ‘‘or co-
operative research and development agreement’’
after ‘‘joint work statement’’;
(3) by striking subparagraph (C)(iv);
(4) by striking subparagraph (C)(v) and insert-
ing in lieu thereof:
‘‘(C)(iv) If an agency fails to complete a review under
clause (i) within any of the specified time periods, the
agency shall submit to the Congress, within 10 days after
the failure to complete the review, a report on the reasons
for such failure. The agency shall, at the end of each suc-
cessive 15-day period thereafter during which such failure
continues, submit to Congress another report on the rea-
sons for the continued failure.’’; and
(5) by striking subparagraph (C)(vi).
(b) Section 12(d)(2) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))
is amended—
(1) in subparagraph (B) by striking ‘‘substan-
tial’’ before ‘‘purpose’’; and
(2) in subparagraph (C) by striking ‘‘primary’’.
SEC. 10. GUIDELINES.
The implementation of the provisions of this Act, and
of the amendments made by this Act, shall not be delayed
pending the issuance of guidelines, policies, or standards
required by sections 1105, 1115, and 1116 of the Depart-
ment of Energy Organization Act as added by section 3
of this Act.
SEC. 11. AUTHORIZATION.
(a) In addition to funds made available for partner-
ships under section 1112 of the Department of Energy
Organization Act, as added by section 3 of this Act, there
are authorized to be appropriated from funds otherwise
available to the Secretary—
(1) for partnership activities with industry in
areas other than atomic energy defense activities
$100,000,000 for fiscal year 1994, $140,000,000 for
fiscal year 1995, $180,000,000 for fiscal year 1996,
and $220,000,000 for fiscal year 1997; and
(2) for partnership activities with industry in-
volving dual-use technologies within the Depart-
ment’s 
atomic 
energy 
defense 
activities
$240,000,000 for fiscal year 1994, $290,000,000 for
fiscal year 1995, $350,000,000 for fiscal year 1996,
and $400,000,000 for fiscal year 1997.
(b) There are authorized to be appropriated to the
Secretary for the Minority College and University Scholar-
ship Program established in section 1119 of the Depart-
ment of Energy Organization Act, as added by section 3
of this Act, $1,000,000 for fiscal year 1994, $2,000,000
for fiscal year 1995, and $3,000,000 for fiscal year 1996.
(c) There are authorized to be appropriated to the
Secretary for research or educational programs, carried
out through partnerships or otherwise, and for related fa-
cilities and equipment that involve minority colleges or
universities, such sums as may be necessary.
HR 2875 [H——2 HR 2875 [IH——3 eHR 2875 IH 40