a program to administer the National Technology Partner-
ship Award.
SEC. 10. FEDERAL LABORATORY MISSION EVALUATION AND
COORDINATION.
The President, through the National Science and Tech-
nology Council, shall—
(1) review on an ongoing basis the missions of,
activities conducted at, and scientific, technical, and
human resources at, Federal laboratories, with the
goals of—
(A) improving the efficiency and effective-
ness of the overall Federal laboratory system;
and
(B) ensuring that research and development
conducted at Federal laboratories is coordinated
to maximize its contribution to United States
economic growth, environmental protection, na-
tional security, expansion of human knowledge,
and other important national goals;
(2) develop and ensure the implementation of a
process for assigning missions to the Federal labora-
tories with the best scientific, technical, and human
capabilities for successfully addressing such missions;
(3) develop and ensure implementation, as ap-
propriate, of a cross-cutting program evaluation sys-
tem for research and development activities at the
Federal laboratories including, where appropriate, the
establishment of technical milestones and other meas-
ures for performance evaluation for major activities
at Federal laboratories;
(4) develop guidelines governing the application
of intellectual property law for technology transfer ac-
tivities at Federal laboratories;
(5) determine on an ongoing basis whether spe-
cific Federal laboratories should be realigned, consoli-
dated, closed, or otherwise altered in order to meet the
goals stated in paragraph (1);
(6) review the process by which the Federal Gov-
ernment enters into cooperative research and develop-
ment agreements with companies that are not United
States-owned companies (as defined in section
28(j)(2) of the National Institute of Standards and
Technology Act (15 U.S.C. 278n(j)(2))); and
(7) prepare, and submit to the Congress within
1 year after the date of enactment of this Act, a plan
for carrying out this section.
SEC. 11. POLICY ON CAPITAL PROJECTS AND CONSTRUC-
TION.
(a) REQUIREMENT OF PRIOR AUTHORIZATION.—(1)
No funds are authorized to be appropriated to the Secretary
for any substantial construction project, substantial equip-
ment acquisition, or major construction project unless a re-
port on such project or acquisition has been provided to
Congress in accordance with subsection (b).
(2) The Secretary may not obligate any funds for any
substantial construction project, substantial equipment ac-
quisition, or major construction project unless such project
or acquisition has been specifically authorized by statute.
(3) This subsection may not be amended or modified
except by specific reference to this subsection.
(b) REPORTS TO CONGRESS.—(1) Within 180 days
after the date of the enactment of this Act, the Secretary
shall submit to the Congress a report that identifies all con-
struction projects and acquisitions of the Department of
Energy described in subsection (a) for which the prelimi-
nary design phase is completed but the construction or ac-
quisition is not completed. Such report shall include—
(A) an estimate of the total cost of completion of
the construction project or acquisition, itemized by
individual activity and by fiscal year; and
(B) an identification of which construction
projects or acquisitions have not been specifically au-
thorized by statute.
The Secretary shall annually update and resubmit the re-
port required by this paragraph, as part of the report re-
quired under section 15 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5914).
(2) The Secretary shall, after completion of the pre-
liminary design phase of a major construction project, sub-
mit to the Congress a report containing—
(A) an estimate of the total cost of construction
of the facility;
(B) an estimate of the time required to complete
construction;
(C) an estimate of the annual operating costs of
the facility;
(D) the intended useful operating life of the facil-
ity; and
(E) an identification of any existing facilities to
be closed as a result of the operation of the facility.
(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘major construction project’’ means
a nonmilitary research and development project whose
construction 
costs 
are 
estimated 
to 
exceed
$100,000,000 over the life of the project;
(2) the term ‘‘substantial construction project’’
means a nonmilitary research and development
project whose construction costs are estimated to ex-
ceed $10,000,000, but not to exceed $100,000,000, over
the life of the project; and
(3) the term ‘‘substantial equipment acquisition’’
means the acquisition of nonmilitary research and de-
velopment equipment at a cost estimated to exceed
$10,000,000 for the entire acquisition.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department
of Energy Laboratory Technology Act of
1994’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the Department of Energy main-
tains an extensive system of laboratories
which represent a national resource,
comprised of a dedicated, multi-discipli-
nary work force of scientists and engi-
neers, sophisticated scientific instrumen-
tation, and unique research facilities;
(2) the end of the Cold War has sig-
nificantly reduced the Nation’s require-
ments for nuclear weapons systems de-
velopment and production, but the de-
partmental laboratories retain a vital na-
tional security mission to maintain the
Nation’s confidence in the safety, secu-
rity, and reliability of the nuclear stock-
pile and to support verification of arms
control agreements, dismantlement of
weapons, 
nonproliferation 
and
counterproliferation efforts, intelligence
requirements, work for the Department
of Defense, and other national security
requirements;
(3) the United States faces serious na-
tional security, energy, economic, and en-
vironmental challenges toward which the
resources of departmental laboratories
could be applied in a more concerted
fashion;
(4) in order to contribute to United
States 
economic 
competitiveness 
and
maintain the core competencies required
to meet national security requirements,
departmental laboratories will need to
cooperate with industry, State and local
governments, universities, and nonprofit
organizations on a broader scale;
(5) the legislative and bureaucratic
frameworks for cooperative efforts be-
tween departmental laboratories and in-
dustry, State and local governments, uni-
versities, and nonprofit organizations
should be streamlined to facilitate part-
nerships;
(6) departmental laboratories’ inter-
action with industry goes beyond the
movement of technologies developed at
the laboratories to industry, State and
local governments, universities, and non-
profit organizations; it has included and
should continue to include a two-way
flow of ideas, people, knowledge, and in-
tellectual property, whereby partnerships
provide benefits to the laboratory as well
as to the nonlaboratory partners;
(7) independent reviews of depart-
mental laboratories over the past two
decades uniformly have emphasized the
importance of maintaining well defined
missions at these laboratories, in order to
provide coherence, direction, and the
basis for performance evaluation;
(8) as the missions of departmental
laboratories, and other Federal labora-
tories, change in response to evolving na-
tional needs, the activities of these lab-
oratories should be coordinated and eval-
uated to the maximum extent practicable
in order to ensure that they are meeting
their intended objectives and that they
complement and do not duplicate or con-
flict with existing capabilities in the pri-
vate sector; and
(9) the National Science and Tech-
nology Council, which is chaired by the
President, is responsible for coordinating
the science and technology policy making
process and for integrating the Presi-
dent’s science and technology policy
agenda across the Federal Government,
and should serve to coordinate activities
at the Federal laboratories and to ensure
the implementation of measures for per-
formance evaluation for such activities.
SEC. 3. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘Department’’ means the
Department of Energy;
(2) the term ‘‘departmental labora-
tory’’ means a Federal laboratory, or any
other laboratory or facility designated by
the Secretary, operated by or on behalf of
the Department;
(3) the term ‘‘departmental defense
laboratories’’ means the Lawrence Liver-
more National Laboratory, the Los Ala-
mos National Laboratory, and the Sandia
National Laboratories;
(4) the term ‘‘Federal laboratory’’ has
the meaning given the term ‘‘laboratory’’
in section 12(d)(2) of the Stevenson-
Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a(d)(2));
(5) the term ‘‘generic, precompetitive’’
means having broad market potential but
not yet associated with specific market-
able products or product lines;
(6) the term ‘‘mission’’ means a clear
statement of purpose to focus research
and development activity at a Federal
laboratory on specified objectives;
(7) the term ‘‘Secretary’’ means the
Secretary of Energy; and
(8) the term ‘‘technology transfer’’
means—
(A) any collaborative effort in-
volving a Federal laboratory and pri-
vate industry, State or local govern-
ments, universities, or nonprofit orga-
nizations, whose goal is—
(i) to enhance the potential
use by private industry, State or
local governments, universities,
or nonprofit organizations, of re-
search and development spon-
sored by the Federal Government;
or
(ii) to jointly develop new sci-
entific or technical information
or generic, precompetitive tech-
nology; or
(B) any process by which feder-
ally owned or originated technology,
or the intellectual property rights as-
sociated with such technology, are
transferred to private industry, State
or local governments, universities, or
nonprofit organizations.
SEC. 4. MISSIONS OF DEPARTMENTAL LABORATORIES.
(a) GENERAL AUTHORITY.—The Department
is authorized to maintain departmental lab-
oratories for the purpose of advancing the fol-
lowing missions:
(1) To maintain national security, as
follows:
(A) To provide for the Nation’s
nuclear weapons requirements, to be
stewards 
of 
the 
Nation’s 
nuclear
weapons stockpile, and to meet other
national security requirements as de-
termined by the President, including
the advancement of science and tech-
nology for national security purposes.
(B) To reduce the threat of nu-
clear war, by assisting with the dis-
mantlement 
of 
nuclear 
weapons,
working to curb the proliferation of
weapons of mass destruction, sup-
porting efforts to counter the pro-
liferation of weapons of mass destruc-
tion and their delivery systems, and
conducting research on and the de-
velopment of technologies needed for
the effective verification of inter-
national arms control agreements, in-
cluding 
prospective 
international
arms control agreements.
(2) To ensure the Nation’s energy sup-
ply and to reduce the Nation’s reliance
on imported and nonrenewable energy
sources through research and develop-
ment on technologies that enhance en-
ergy supply and improve the efficiency of
energy end uses with the goal of provid-
ing energy services at the lowest total
cost to the Nation, including environ-
mental costs.
(3) To conduct basic research in en-
ergy-related science and technology and
in the fundamental understanding of
matter, including construction and oper-
ation of unique scientific instruments
and facilities for use by the Federal Gov-
ernment, academia, industry, and other
appropriate non-Federal institutions.
(4) To carry out research and devel-
opment for the purpose of minimizing the
environmental impacts of the production
and use of energy and materials, includ-
ing missions as follows:
(A) 
To 
develop 
generic,
precompetitive technologies aimed at
reducing the generation of hazardous
or nonhazardous waste or pollution,
or reducing the consumption of en-
ergy or materials, while contributing
to sustainable United States economic
growth.
(B) To develop technologies and
techniques for the safe disposal of
hazardous waste or radioactive waste
in order to accelerate the schedule of,
and reduce the total cost of, cleaning
up the hazardous waste sites associ-
ated with nuclear weapons produc-
tion and other programs funded by
the Department.
(b) ADDITIONAL
MISSIONS.—The Depart-
ment is authorized to pursue additional mis-
sions at departmental laboratories beyond
those identified in subsection (a) only—
(1) if such missions are assigned to
the Department by the President, and
only to the extent that—
(A) such laboratories possess sub-
stantial technical capabilities that
can be devoted to such missions;
(B) such additional mission activi-
ties do not interfere with the pursuit
of the missions identified in sub-
section (a); and
(C) involvement in such addi-
tional mission activities is coordi-
nated with any other Federal agency
or agencies which carry out such mis-
sion activities, as appropriate; or
(2) if such missions have been estab-
lished by statute enacted before the date
of enactment of this Act, and do not con-
flict with the missions established under
this section.
(c) TECHNOLOGY TRANSFER.—(1)(A) Except
as provided in subparagraph (B), the Depart-
ment is authorized to use program funds at
the departmental laboratories for technology
transfer activities, whenever those activities
are consistent with and further an assigned
mission of the departmental laboratory and
consistent with the requirements of the Fed-
eral Technology Transfer Act of 1986. No Fed-
eral funds may be provided to, transfered to,
or used by non-Federal entities for this pur-
pose.
(B) Not more than 20 percent of funds
made available to the Department in any fis-
cal year for weapons activities for research
and development may be set aside for the
technology transfer initiative described in the
President’s budget for weapons activities for
that fiscal year.
(2) The Secretary shall—
(A) work with all Assistant Secretar-
ies, Office directors, and other Depart-
ment officials with responsibilities for
managing research and development pro-
grams to ensure that technology transfer
considerations are fully integrated into
the planning and conduct of all research
and development conducted at depart-
mental laboratories;
(B) develop and issue departmental
policies for technology transfer activities,
with the goal of creating a stable and
consistent policy framework for depart-
mental collaborations with private indus-
try, State or local governments, univer-
sities, or nonprofit organizations;
(C) oversee the management and allo-
cation of Department funding for tech-
nology transfer activities to ensure that
such funding is available to all depart-
mental laboratories without distinction
as to whether the laboratory is involved
in defense or nondefense activities; and
(D) ensure, to the maximum extent
practicable, that activities of the depart-
mental laboratories complement and do
not duplicate or conflict with existing ca-
pabilities in the private sector.
(3) Funds authorized to be appropriated
to the Department of Energy and made avail-
able for laboratory-directed research and de-
velopment shall be available for advancing
generic, precompetitive research and devel-
opment activities at the departmental labora-
tory to the point of providing the potential
basis for technology transfer, and shall be
available for research on highly innovative
technologies including those based on yet
unproven scientific theory.
(d) EDUCATION.—The Department is au-
thorized to use scientific, technical, and
human resources at the departmental labora-
tories to support the national goal of improv-
ing the quality of science, mathematics, and
engineering education in the United States.
SEC. 5. EVALUATION.
The Secretary shall, for each depart-
mental laboratory—
(1) assign a mission or missions con-
sistent with section 4(a) and (b);
(2) establish goals in each mission
area against which the performance of
the departmental laboratory will be eval-
uated;
(3) develop a technology transfer plan
with specific objectives for collaborative
efforts between the laboratory and pri-
vate industry, State or local governments,
universities, or nonprofit organizations
in order to coordinate, direct, and en-
hance the impact of such collaborations,
based on the core intellectual and tech-
nical competencies of the laboratory;
(4) ensure that for each new tech-
nology transfer project and for each on-
going technology transfer project, tech-
nical milestones, an estimate of the dura-
tion of the project, and an estimate of the
total cost of the project are established;
(5) regularly assess the degree to
which goals and objectives established
pursuant to paragraphs (2) and (3) have
been achieved, in terms of performance,
impact, or accomplishments, employing
evaluative procedures and methods spe-
cific and appropriate to each mission
area; and
(6) include in the Secretary’s annual
report to Congress required under sec-
tion 657 of the Department of Energy Or-
ganization Act—
(A) a statement of missions and
goals for the departmental laboratory
assigned or established pursuant to
paragraphs (1) and (2);
(B) an explanation for any pro-
posed modifications in the mission or
missions for the departmental labora-
tory;
(C) the technology transfer plan
required under paragraph (3);
(D) for any technology transfer
project involving a Federal commit-
ment of $500,000 or more—
(i) the technical and financial
data called for in paragraph (4);
and
(ii) technical and financial
variances from the original esti-
mates as called for in paragraph
(4); and.
(E) 
the 
assessment 
required
under paragraph (5), along with a
statement of any planned, ongoing, or
completed actions based on this as-
sessment.