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and plan in a timely manner as prescribed by the Secretary
to permit preparation of the report under subsection (a).
‘‘(d) The Secretary’s description of planned activities
under subsection (a) shall include, to the extent such infor-
mation is available, appropriate information on—
‘‘(1) the total funds to be allocated to partnership
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 departmental
laboratory for partnership activities by area of tech-
nology;
‘‘(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 contribution
in excess of $500,000;
‘‘(6) the types of entities that will be eligible for
participation in partnerships;
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‘‘(7) the nature of the partnership arrangements,
including the anticipated level of financial and in-
kind contribution from participants and any repay-
ment 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 appropriate
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 subsection
(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 agency,
as a condition for receiving support under the agreement.
‘‘(2) The amount of any payment received by the Fed-
eral Government pursuant to a requirement imposed under
paragraph (1) may be credited, to the extent authorized by
the Secretary, to the account established under paragraph
(3). Amounts so credited shall be available, subject to appro-
priations, for partnerships.
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‘‘(3) There is hereby established in the United States
Treasury an account to be known as the ‘Department of
Energy Partnership Fund’. Funds in such account shall be
available to the Secretary for the support of partnerships.
‘‘(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
MULTI-PROGRAM DEPARTMENTAL LABORA-
TORIES.
‘‘(a)(1) The Secretary shall establish within the De-
partment an advisory board to be known as the ‘Laboratory
Partnership Advisory Board’, to provide the Secretary 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 implementation
of this title. Members of the Board shall include representa-
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tives primarily from United States industry but shall also
include representatives from—
‘‘(A) small businesses;
‘‘(B) private sector entities owned or controlled
by disadvantaged persons;
‘‘(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 labora-
tories to assist the Board in providing advice to the Sec-
retary on the implementation of this title.
‘‘(b) The director of each multi-program departmental
laboratory shall establish an advisory group consisting of
persons from United States industry to—
‘‘(1) evaluate new initiatives proposed by the de-
partmental laboratory;
‘‘(2) identify opportunities for partnerships with
United States industry; and
‘‘(3) evaluate ongoing programs at the depart-
mental laboratory from the perspective of United
States industry.
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‘‘(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 purposes
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 fellow-
ship program for this purpose or may authorize such activi-
ties on a case-by-case basis. The Secretary shall also encour-
age scientists and engineers from United States industry
to serve as visiting scientists and engineers in the depart-
mental 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 pursuant
to section 2523 of title 10 of the United States Code and
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section 2513 of title 10 of the United States Code and pro-
grams funded in part by the Secretary of Commerce pursu-
ant to sections 25 and 26 of the Act of March 3, 1901 (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 energy
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 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 Technology
Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)), relating
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to the protection of information, shall apply to the partner-
ship activities undertaken by the Secretary and by the di-
rectors 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 Secretary
or director of a departmental laboratory shall ensure that
the opportunity to participate in such partnership 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 depart-
mental laboratory may take such steps as may be necessary
to facilitate formation of a United States industry consor-
tium to pursue the partnership activity.
‘‘SEC. 1115. PRODUCT LIABILITY.
‘‘The Secretary, after consultation with the Laboratory
Partnership Advisory Board established in section 1109,
and the Attorney General shall enter into a memorandum
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of understanding establishing a consistent policy and stand-
ards regarding the liability of the United States, of the non-
Federal entity operating a departmental laboratory and of
any other party to a partnership for product liability
claims arising from partnership activities. The Secretary
and the director of each departmental laboratory shall, to
the maximum extent practicable, incorporate into any part-
nership the policy and standards established in the memo-
randum of understanding.
‘‘SEC. 1116. INTELLECTUAL PROPERTY.
‘‘The Secretary shall, after consultation with the Lab-
oratory Partnership Advisory Board established in section
1109, develop guidelines governing the application of intel-
lectual property laws by the Secretary and by the director
of each departmental laboratory in partnership arrange-
ments.
‘‘SEC. 1117. SMALL BUSINESS.
‘‘(a) The Secretary shall develop simplified procedures
and guidelines for partnerships involving small businesses
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
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would impose an undue hardship on the small business and
would prevent the formation of the partnership.
‘‘(c) Notwithstanding section 12(d) of the Stevenson-
Wydler Technology 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 appropriate committees of the United States Senate
and the United States House of Representatives a report
identifying opportunities for minority colleges and univer-
sities to participate in programs and activities being car-
ried out by the Department or the departmental labora-
tories. The Secretary shall consult with representatives of
minority colleges and universities in preparing the report.
Such report shall—
‘‘(a) describe ongoing education and training
programs being carried out by the Department or the
departmental laboratories with respect to or in con-
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junction with minority colleges and universities in
the areas of mathematics, science, and engineering;
‘‘(b) describe ongoing research, development dem-
onstration or commercial application activities in-
volving the Department or the departmental labora-
tories and minority colleges and universities;
‘‘(c) describe funding levels for the programs and
activities described in subsections (a) and (b);
‘‘(d) identify ways for the Department or the de-
partmental laboratories to assist minority colleges
and universities in providing education and training
in the fields of mathematics, science, and engineering;
‘‘(e) identify ways for the Department or the de-
partmental laboratories to assist minority colleges
and universities in entering into partnerships;
‘‘(f) address the need for and potential role of the
Department or the departmental laboratories in pro-
viding to minority colleges and universities the fol-
lowing:
‘‘(1) increased research opportunities for
faculty and students;
‘‘(2) assistance in faculty development and
recruitment and curriculum enhancement and
development; and
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‘‘(3) laboratory instrumentation and equip-
ment, including computer equipment, through
purchase, loan, or other transfer;
‘‘(g) address the need for and potential role of the
Department or the 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
‘‘(h) 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, mathemati-
cal, engineering, and technical disciplines. The program
shall include tuition assistance. The program shall provide
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an opportunity for the scholarship recipient to participate
in an applied work experience in a departmental labora-
tory. 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 par-
ticular area of study. Scholarships awarded under this pro-
gram shall be known as Secretary of Energy Scholarships.’’.
(b) CONFORMING AMENDMENT.—The table of contents
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. Finding, purposes, and definitions.
‘‘Sec. 1102. General authority.
‘‘Sec. 1103. Establishment of goal for partnerships between departmental labora-
tories 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 multi-program departmental laboratories.
‘‘Sec. 1110. Fellowship program.
‘‘Sec. 1111. Cooperation with State and local programs for technology develop-
ment 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.’’.
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SEC. 3144. NATIONAL ADVANCED MANUFACTURING TECH-
NOLOGIES PROGRAM.
The Secretary is encouraged to use partnerships to ex-
pedite the private sector deployment of advanced manufac-
turing technologies as required by section 2202(a) of the
Energy Policy Act of 1992 (42 U.S.C. 13502).
SEC. 3145. NOT-FOR-PROFIT ORGANIZATIONS.
The Secretary shall encourage the establishment of not-
for-profit organizations, such as the Center for Applied De-
velopment of Environmental Technology (CADET), that
will facilitate the transfer of technologies from the depart-
mental laboratories to the private sector.
SEC. 3146. CAREER PATH PROGRAM.
(a) The Secretary, utilizing authority under other ap-
plicable law and the authority of this section, shall establish
a career path program to recruit employees of the national
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 restric-
tions contained in subsections (a), (b), (c), and (d)
shall not apply to an appearance or communication
made, or advice or aid rendered by a person employed
at a facility described in subparagraph (B), if the ap-
pearance or communication is made on behalf of the
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facility or the advice or aid is provided to the con-
tractor 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 fol-
lowing new subsection:
‘‘(q) NATIONAL LABORATORIES.—(1) The restrictions
on obtaining a recusal contained in paragraphs (c)(2) and
(c)(3) shall not apply to discussions of future employment
or business opportunity between a procurement official and
a competing contractor managing and operating a facility
described in paragraph (3): Provided, That such discussions
concern the employment of the procurement official at such
facility.
‘‘(2) The restrictions contained in paragraph (f)(1)
shall not apply to activities performed on behalf of a facility
described in paragraph (3).
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‘‘(3) This subsection applies to the following: Argonne
National Laboratory, Brookhaven National Laboratory,
Idaho National Engineering Laboratory, Lawrence Berke-
ley Laboratory, Lawrence Livermore National Laboratory,
Los Alamos National Laboratory, National Renewable En-
ergy Laboratory, Oak Ridge National Laboratory, Pacific
Northwest Laboratory, and Sandia National Labora-
tories.’’.
SEC. 3147. AVLIS COMMERCIALIZATION.
(a) PREDEPLOYMENT CONTRACTOR.—Not later than
ninety days after the date of enactment of this Act, the Sec-
retary 
shall 
solicit 
proposals 
for 
a 
commercial
predeployment contractor to conduct such activities as may
be necessary to enable the Secretary or any successor to the
Secretary’s uranium enrichment enterprise to deploy a
commercial uranium enrichment plant using the Atomic
Vapor Laser Isotope Separation (AVLIS) technology. Such
activities shall include—
(1) developing a transition plan for transferring
the AVLIS program from research, development, and
demonstration activities at the Lawrence Livermore
National Laboratory to deployment of a commercial
AVLIS production plant;
(2) confirming the technical performance of
AVLIS technology;
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(3) developing the economic and industrial as-
sessments necessary for the Secretary or his successor
to make a commercial decision whether to deploy
AVLIS;
(4) providing an industrial perspective for the
planning and execution of remaining demonstration
program activities; and
(5) completing feasibility and risk studies nec-
essary for a commercial decision whether to deploy
AVLIS, including financing options.
(b) ADDITIONAL ACTIVITIES.—Based upon the results
of subsection (a), the Secretary may solicit additional pro-
posals to complete the following activities:
(1) site selection, site characterization, and envi-
ronmental documentation activities for a commercial
AVLIS plant;
(2) engineering design of a production plant, de-
veloping a project schedule, and initiating operations
planning;
(3) activities leading to obtaining necessary li-
censes from the Nuclear Regulatory Commission; and
(4) ensuring the successful integration of AVLIS
technology into the commercial nuclear fuel cycle.
(c) REPORTS.—The Secretary shall submit to the Com-
mittee on Energy and Natural Resources of the United
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States Senate and to the Speaker of the House of Represent-
atives a written report on the progress made toward the
deployment of a commercial AVLIS production plant nine-
ty days after the date of enactment of this Act and each
ninety days thereafter.
SEC. 3148. 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 deleting subparagraph (C)(i) and insert-
ing in lieu thereof the following:
‘‘(C)(i) Any agency that has contracted
with a non-Federal entity to operate a labora-
tory shall review and approve, request specific
modifications to, or disapprove a joint work
statement and cooperative research and develop-
ment agreement that is submitted by the director
of such laboratory within thirty days after such
submission. In any case where an agency has re-
quested specific modifications to a joint work
statement or cooperative research and develop-
ment agreement, the agency shall approve or dis-
approve any resubmission of such joint work
statement or cooperative research and develop-
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ment agreement within fifteen days after such re-
submission. No agreement may be entered into
by a Government-owned, contractor-operated lab-
oratory under this section before both approval of
the cooperative research and development agree-
ment and a joint work statement.’’;
(2) by adding in subparagraph (C)(ii) the
words, ‘‘or cooperative research and development
agreement’’ after ‘‘joint work statement’’;
(3) by deleting subparagraph (C)(iv);
(4) by deleting subparagraph (C)(v) and insert-
ing in lieu thereof:
‘‘(C)(iv) If an agency fails to complete a re-
view under clause (i) within any of the specified
time-periods, the agency shall submit to the Con-
gress, within ten days after the failure to com-
plete 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 an-
other report on the reasons for the continued fail-
ure.’’; and
(5) by deleting subparagraph (C)(vi).