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fees for the production of segments for broad-
cast over cable television, or other appropriate
media, which identify—
(i) the technologies described in para-
graph (A);
(ii) their potential commercial applica-
tions; and
(iii) methods available for obtaining
additional information on the technologies.
(3) TECHNICAL ASSISTANCE.—The Corporation
shall, upon request, provide technical assistance and
services, as appropriate and needed, to qualified con-
cerns under this title.
(4) OUTREACH TO SPECIFIC AREAS AND SMALL
BUSINESSES.—The Corporation shall seek to ensure
that qualified concerns and small businesses located
in areas determined by the Secretary to have a de-
pressed economy or chronically high unemployment
are notified of the availability of assistance through
the program established under this section and, to
the extent practicable, to encourage and facilitate
the participation of such qualified concerns and
small businesses in such program.
(h) AUTHORITY
TO
REPRESENT
THE
GOVERN-
MENT.—
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(1) IN GENERAL.—In accordance with regula-
tions prescribed by the Secretary, the Corporation
shall act as an agent, and represent the interests, of
the Federal Government in facilitating the utiliza-
tion of technologies, processes, and other proprietary
rights by qualified concerns under this title.
(2) RIGHTS OF QUALIFIED CONCERNS.—In ac-
cordance with regulations promulgated by the Sec-
retary, the Corporation may convey, to qualified con-
cerns, under terms and conditions to be negotiated
between the Corporations and qualified concerns,
such rights which may be necessary and appropriate
to facilitate the utilization and commercialization of
technologies, processes, and other proprietary rights
as provided under this title.
(3) MINIMUM RIGHTS OF THE FEDERAL GOV-
ERNMENT.—In the conveyance of rights to qualified
concerns as provided for under paragraph (2), the
Corporation shall ensure the following:
(A) The conveyance agreement contains
language providing for the rights of the Cor-
poration to revoke the rights provided under
paragraph (2) if—
(i) the qualified concern does not
demonstrate that it is undertaking a good
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faith effort to achieve the utilization and
commercialization of the technology, proc-
ess, or other proprietary right; or
(ii) the Secretary certifies that the in-
terests of national security or the general
welfare of the American people necessitates
the revocation of such rights.
(B) The Federal Government retains a li-
cense to such technologies, processes, and other
proprietary rights for the Government’s own
use.
(C) The Federal Government receives in
compensation for the conveyance of such
rights—
(i) royalties;
(ii) the right to share in the earnings
of the qualified entity proportionate to the
value of the rights so conveyed; or
(iii) a sum of money or other com-
pensation that the Corporation determines
to be appropriate.
(4) AGENT’S FEES.—Under such terms as the
Secretary and the Corporation may negotiate, after
consulting with the Committee on Banking, Finance
and Urban Affairs and the Committee on Science,
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Space, and Technology of the House of Representa-
tives, and the Committee on Commerce, Science, and
Transportation of the Senate, the Corporation may
retain a percentage of any royalties or other com-
pensation accruing to the Federal Government in
connection with any licensing agreement entered into
by the Corporation on behalf of the Federal Govern-
ment.
(i) CONSULTATION WITH FEDERAL AGENCIES, AND
WITH PRIVATE PARTIES.—
(1) CONSULTATION
WITH
FEDERAL
AGEN-
CIES.—In carrying out this title, the Board and the
Corporation shall consult frequently with the Sec-
retary, and such Federal agencies and departments
as is appropriate, to ensure coordination and the
maximum utilization of all related Federal resources
to promote technology utilization and commercializa-
tion.
(2) CONSULTATION WITH PRIVATE PARTIES.—
In carrying out this title, the Board and the Cor-
poration shall solicit comments from private parties,
including representatives of finance, industry, and
organized labor on the role of the Corporation and
the needs of private parties.
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(j) AUDIT BY COMPTROLLER GENERAL.—The Comp-
troller General of the United States may audit the finan-
cial transactions of the Corporation. For the purposes of
carrying out such an audit, the Comptroller General shall
have access to all books, records, and property belonging
to, or in the possession of, the Corporation. In the case
of a person or entity which has entered into a financial
relationship with the Corporation, the Comptroller Gen-
eral shall have access only to those books, records, and
property belonging to, or the possession of, the person or
entity which pertain to the Corporation and which are nec-
essary to carry out the audit. The Comptroller General
shall make a report of each audit to the Congress and
the President.
(k) INFORMATION AND OTHER ASSISTANCE FROM
FEDERAL AGENCIES.—Upon the request of the Corpora-
tion, the head of a Federal department or agency is au-
thorized to—
(1) furnish to the Corporation such information
which is available to the agency as the Board deems
necessary for carrying out its functions; and
(2) detail for temporary duty, on a reimburs-
able basis, such personnel as the Corporations deter-
mines to be necessary to carry out its functions.
(l) MISCELLANEOUS PROVISIONS.—
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(1) JURISDICTION.—
(A) IN GENERAL.—Whenever the Corpora-
tion is a party to any civil action under this
title, such action shall be deemed to arise under
the laws of the United States. No attachment
or execution may be issued against the Corpora-
tion, or any property thereof, prior to entry of
final judgment.
(B) CITIZENSHIP OF CORPORATION.—The
Corporation shall be deemed to be a citizen of
the District of Columbia for the purpose of de-
termining the original jurisdiction of the district
courts of the United States in civil actions to
which the Corporation is a party.
(2) BUSINESS ACTIVITY AND QUALIFICATION.—
The Corporation shall be deemed to be qualified to
do business in each State in which it performs any
activity authorized under this title.
(m) UTILIZATION OF CORPORATION.—It is the sense
of the Congress that all Federal departments, agencies,
institutions of higher education, and laboratories, and all
institutions of higher education and laboratories which are
otherwise supported by Federal funds, should use the serv-
ices of the Corporation to the maximum extent possible.
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SEC. 305. ASSISTANCE TO BUSINESSES IN SECURING
FINANCING.
(a) INFORMATION CLEARINGHOUSE.—The Corpora-
tion established under this title shall act as a one-stop
clearinghouse for information to assist qualified concerns
identify sources of business development and technology
commercialization financing available through the Federal
Government as well as through applicable State and local
government programs and through private sources.
(b) AGENT OF THE FEDERAL GOVERNMENT.—The
Corporation may act as an agent of the Federal Govern-
ment for purposes of accepting applications for financial
assistance and their submission to the appropriate Federal
agency on behalf of a qualified concern.
(c) TECHNICAL ASSISTANCE
FOR LENDERS
AND
BORROWERS.—The Corporation shall, upon request, pro-
vide technical assistance and services, as appropriate and
needed, to lenders and borrowers under this title, and shall
ensure that such lenders and borrowers have ready access
to appropriate assistance in order to aid such lenders and
borrowers in achieving the purposes of this title.
SEC. 306. SAVINGS PROVISION.
It is the intent of the Congress that this title shall
be construed as complementing any other provision of
Federal law relating to the licensing, utilization, or com-
mercialization of the use of technology and shall not be
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construed as superseding any such provision, except as
otherwise provided in this title.
SEC. 307. RULE OF CONSTRUCTION.
Nothing in this Act or this title shall be construed
by the President, the Secretary of Commerce, the Cor-
poration, any Federal agency or department, or any court
to affect, alter, amend, modify, or change, or apply to,
any program or activity (or any technology developed, de-
rived, or provided through or under such program or activ-
ity by any means of any kind) of the Department of En-
ergy, the Department of Transportation, the Department
of Health and Human Services, or the Environmental Pro-
tection Agency or any office, bureau, commission, labora-
tory or facility of such agencies or departments.
Passed the House of Representatives May 12, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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