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(b) RESEARCH AND DEMONSTRATION PROJECTS.—
Section 302(a)(3) of such Act (40 U.S.C. App. 302(a)(3))
is amended—
(1) by inserting after ‘‘technical assistance’’ the
following: ‘‘(including technical assistance for busi-
ness development and stabilization and application
of technologies (including telecommunication tech-
nologies) and productivity improvement)’’;
(2) by inserting after ‘‘training programs’’ the
following: ‘‘(including on-site employee training and
programs to upgrade employability of the region’s
people)’’; and
(3) by inserting after ‘‘demonstrations’’ the fol-
lowing: ‘‘(including demonstrations of service con-
solidations and other methods of increasing effi-
ciency of local governments, the establishment and
operation by States, public agencies, or nonprofit de-
velopment organizations of revolving funds for busi-
ness assistance loans, the establishment and oper-
ation of business incubators and the provision of in-
dustrial facilities and equipment by public agencies
and nonprofit organizations on such terms (includ-
ing terms of reasonable recovery of grant funds
upon resale) as are approved by the Commission,
and the acquisition and development of land)’’.
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(c) SOLID
WASTE
DISPOSAL
DEMONSTRATION
PROJECTS.—Section 302(b) of such Act (40 U.S.C. App.
302(b)) is amended by adding at the end the following
new paragraph:
‘‘(5) The Commission shall carry out projects at not
less than 2 sites in the Appalachian region for the purpose
of demonstrating solid waste disposal techniques in rural
areas.’’.
(d) REPEAL OF PROVISION ON USE OF INFORMATION
FROM RESEARCH AND DEVELOPMENT ACTIVITIES.—Sec-
tion 302(e) of such Act (40 U.S.C. 302(e)) is repealed.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS FOR GEN-
ERAL PROGRAM.
Section 401 of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App. 401) is amended to read as fol-
lows:
‘‘SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
‘‘In addition to the appropriations authorized in sec-
tion 105 for administrative expenses and in section 201(g)
for the Appalachian development highway system and
local access roads, there is authorized to be appropriated
to the Commission to carry out this Act $83,400,000 per
fiscal year for each of fiscal years 1994, 1995, and 1996.
Such sums shall remain available until expended.’’.
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SEC. 210. DEFINITION OF APPALACHIAN REGION.
Section 403 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 403) is amended—
(1) in the 1st undesignated paragraph (relating
to Alabama) by inserting ‘‘Hale,;’’ after ‘‘Franklin,’’;
and
(2) in the 12th undesignated paragraph (relat-
ing to Virginia)—
(A) by inserting ‘‘Montgomery,’’ after
‘‘Lee,’’; and
(B) by inserting ‘‘Roanoke, Rockbridge,’’
after ‘‘Pulaski,’’.
SEC. 211. EXTENSION OF TERMINATION DATE.
Section 405 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 405) is amended by
striking ‘‘1982’’ and inserting ‘‘1996’’.
SEC. 212. REGIONAL DEVELOPMENT TASK FORCE.
(a) ESTABLISHMENT.—There is established a Re-
gional Development Task Force (hereinafter in this sec-
tion referred to as the ‘‘Task Force’’).
(b) DUTIES.—It shall be the duty of the Task Force
to conduct a study on—
(1) the extent to which the unique characteris-
tics of the Appalachian Regional Commission (in-
cluding the Commission’s Federal-State partnership,
program flexibility, and regional approach) have con-
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tributed to the achievement of the Commission’s
goals; and
(2) whether or not such characteristics may be
used to address needs which may exist in other rural
areas suffering from economic distress, including the
Lower Mississippi delta, Mexican border, and Ozark
areas.
(c) MEMBERSHIP.—
(1) VOTING MEMBERS.—The Task Force shall
be composed of 9 voting members appointed, not
later than 90 days after the date of the enactment
of this Act, as follows:
(A) Three members appointed by the
President.
(B) Three members appointed by the
President pro tempore of the Senate.
(C) Three members appointed by the
Speaker of the House of Representatives.
(2) EX OFFICIO MEMBERS.—The Federal and
State Cochairmen of the Appalachian Regional Com-
mission shall serve as ex officio, nonvoting members
of the Task Force.
(d) FACILITIES, SUPPLIES, AND PERSONNEL.—Upon
the request of the Task Force, the Appalachian Regional
Commission shall provide to the Task Force any facilities,
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supplies, and personnel necessary for the Task Force to
carry out its responsibilities under this Act; except that
the total cost of such facilities, supplies, and personnel
shall not exceed $500,000.
(e) USE OF OTHER STUDIES.—In conducting the
study under subsection (b), the Commission shall incor-
porate the results of other studies on the needs of rural
areas described in subsection (b) and shall not duplicate
such studies.
(f) REPORT.—Not later than 9 months after the date
of the first meeting of the Task Force, the Task Force
shall transmit to Congress a report on the results of the
study conducted under subsection (b).
(g) TERMINATION.—The Task Force shall terminate
on the date of transmittal of the report under subsection
(f).
SEC. 213. COMPLIANCE WITH BUY AMERICAN ACT.
None of the funds made available under this title, or
any amendment made by this title, may be expended in
violation of sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy
American Act’’), which are applicable to those funds. The
Appalachian Regional Commission shall provide to each
recipient of such funds notice of the requirements specified
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in this section and information on methods to comply with
such requirements.
TITLE III—BUSINESS
DEVELOPMENT ASSISTANCE
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Economic Growth and
Technology Commercialization Act of 1994’’.
SEC. 302. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) FINDINGS.—The Congress hereby finds the fol-
lowing:
(1) Through its support and funding of re-
search and development in this Nation’s Federal
agencies, laboratories, and educational institutions,
the Federal Government has fostered the creation of
thousands of technologies, processes, and other pro-
prietary rights owned, or held in whole or part, by
the Federal Government.
(2) If commercialized, these technologies, proc-
esses, and other proprietary rights owned, or held in
whole or part, by the Federal Government hold the
potential to be a significant tool to foster economic
growth and to create significant numbers of new
jobs at good wages for American workers.
(3) Throughout the Federal Government, there
is no single inventory or source of information on
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technologies, processes, and other proprietary rights
owned, or held in whole or part, by the Federal Gov-
ernment.
(4) Information on technologies, processes, and
other proprietary rights owned, or held in whole or
part, by the Federal Government is not standardized
in form or content, is separately maintained by nu-
merous Federal agencies and departments, and is
not easily accessible by the public.
(5) Businesses and entrepreneurs in areas in
need of economic growth and revitalization are large-
ly unaware of the existence of these technologies,
processes, and other proprietary rights and largely
unaware of the possibilities for obtaining the rights
to these technologies, processes, and other propri-
etary rights for the purpose of commercialization.
(6) It is in the economic interest of the United
States to facilitate the private sector commercializa-
tion of technologies, processes, and other proprietary
rights by United States businesses located in areas
in need of economic growth and revitalization.
(7) Greater effectiveness may be achieved
through the utilization of the private sector cor-
porate structure and profit incentives in facilitating
the commercialization of technologies, processes, and
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(C) arising in the course of federally fund-
ed research at educational institutions, other
units of government, or with private concerns;
or
(D) which are made available to the Fed-
eral Government by private concerns.
SEC. 303. CONSOLIDATION OF INFORMATION ON TECH-
NOLOGIES.
(a) ESTABLISHMENT OF DATA.—The Secretary shall
establish and maintain an integrated, comprehensive data
base describing all technologies, processes, and other pro-
prietary rights owned, or held in whole or part, by the
Federal Government, or which originated in the course of
federally funded research in which the Federal Govern-
ment has an interest.
(b) STANDARDIZATION AND ACCESSIBILITY OF IN-
FORMATION.—The Secretary shall take such steps as are
necessary to ensure that the information contained in the
data base established under subsection (a) is in a stand-
ardized form, is accessible and usable in a manner as sim-
ple and easy to use as possible, recognizing the needs of
small- and medium-sized businesses.
(c) RESPONSIBILITIES.—In carrying out this section,
the Secretary shall—
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(1) consult with and, to the extent practicable,
utilize the capabilities of other executive agencies, as
appropriate, to ensure the efficient and effective im-
plementation of this section; and
(2) explore, with other executive agencies, ways
to avoid duplication of effort by consolidating the
administration of the program established by this
section with any other similar Federal program, and
as part of such consolidation may delegate adminis-
trative functions, as necessary and appropriate, to
another executive agency.
(d) OTHER FEDERAL AGENCIES.—Other executive
agencies shall provide such information, and in such form,
as determined by the Secretary and shall cooperate with
the Secretary in carrying out this section.
(e) ACCESS TO THE DATA BASE.—
(1) ACCESS TO THE DATA BASE BY THE COR-
PORATION.—Except as provided in paragraph (3),
the Secretary shall provide unlimited access to the
data base established under this section to the Busi-
ness Development and Technology Commercializa-
tion Corporation established under this part, without
fee, to assist the Corporation in meeting its respon-
sibilities under this part.
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(2) ACCESS TO THE DATA BASE BY THE PUB-
LIC.—Except as provided in paragraph (3), the Sec-
retary shall, by regulation, develop and implement
procedures providing for access to the data base es-
tablished under this section to members of the gen-
eral public.
(3) RESTRICTIONS.—If, in consultation with the
heads of other executive agencies, the Secretary de-
termines that access by the Corporation or any other
person to information contained in the data base es-
tablished under this section would—
(A) threaten national security;
(B) violate the proprietary rights of any
private interest; or
(C) be otherwise inappropriate,
the Secretary shall take such steps as the Secretary
may determine to be appropriate to limit access to
the information in the data base described in sub-
paragraph (A), (B), or (C) to the Corporation or
any other person.
(f) GAO REVIEW
OF CURRENT FEDERAL TECH-
NOLOGY UTILIZATION
AND COMMERCIALIZATION EF-
FORTS.—
(1) IN GENERAL.—The Comptroller General of
the United States shall conduct a review of all tech-
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nology utilization and commercialization activities
within all Federal departments, agencies, and lab-
oratories, or which are otherwise supported by Fed-
eral funds. This review shall identify those activities
which may overlap or duplicate the technology utili-
zation and commercialization activities provided for
under this title.
(2) REPORTS.—Before the end of the 1-year pe-
riod beginning on the date of the enactment of this
Act, the Comptroller General shall issue a report to
the Congress describing in detail—
(A) the findings of the review directed
under paragraph (1),
(B) the funding levels of each existing
Federal technology utilization and commer-
cialization activities, and
(C) recommendations for the modification
or elimination of any existing Federal tech-
nology utilization and commercialization activi-
ties which the Comptroller General finds to be
duplicative of the activities provided for under
this title.
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SEC. 304. BUSINESS 
DEVELOPMENT 
AND 
TECHNOLOGY
COMMERCIALIZATION CORPORATION.
(a) ASSESSMENT OF TECHNOLOGY UTILIZATION AND
COMMERCIALIZATION PROGRAMS OF THE FEDERAL GOV-
ERNMENT.—
(1) IN GENERAL.—The Director of the Office of
Science and Technology Policy in the Executive Of-
fice of the President shall—
(A) assess the performance of technology
utilization and commercialization programs of
the Federal Government as of the date of the
enactment of this Act;
(B) evaluate the advantages and disadvan-
tages of a centralized as opposed to a decentral-
ized approach to technology utilization and
commercialization; and
(C) develop recommendations on ways to
improve the technology utilization and commer-
cialization efforts of the Federal Government.
(2) REPORT.—The Director of the Office of
Science and Technology Policy shall submit a report
containing the findings, conclusions, and rec-
ommendations of the Director pursuant to para-
graph (1) to the President, the Committee on Bank-
ing, Finance and Urban Affairs and the Committee
on Science, Space, and Technology of the House of
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Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
(3) CONSULTATION.—In carrying out the duties
of the Director under paragraph (1), the Director
shall consult with interested agencies and depart-
ment of the Federal Government.
(b) IMPROVED INTEGRATION OF TECHNOLOGY COM-
MERCIALIZATION PROGRAMS AND FEDERAL PROGRAMS
TO ASSIST ECONOMICALLY DISTRESSED COMMUNITIES.—
(1) IN GENERAL.—The Secretary shall identify
ways to promote more effective integration of Fed-
eral policies and programs relating to technology uti-
lization and commercialization with Federal policies
and programs for assisting economically distressed
communities establish stable and diversified local
economies.
(2) REPORT.—The Secretary shall submit a re-
port containing any findings, conclusions, and rec-
ommendations of the Secretary pursuant to para-
graph (1) to the President, the Committee on Bank-
ing, Finance and Urban Affairs and the Committee
on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
(c) ESTABLISHMENT OF CORPORATION.—
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(1) IN GENERAL.—Not later than the earlier
of—
(A) the end of the 12-month period begin-
ning on the date of the enactment of this Act;
or
(B) the end of the 30-day period beginning
on the date the report of the Director of the Of-
fice of Science and Technology Policy is submit-
ted to the President pursuant to subsection
(a)(2),
the President shall provide for the establishment of
a corporation to be known as the ‘‘Business Devel-
opment and Technology Commercialization Corpora-
tion’’ (hereafter in this title referred to as the ‘‘Cor-
poration’’), unless the President, after consideration
of such report, makes a finding that the establish-
ment of the Corporation would impair the operation
of the Federal policies and programs relating to
technology utilization and commercialization.
(2) REPORT TO CONGRESS.—If the President
makes a finding described in paragraph (1) with re-
spect to the establishment of the Corporation, the
President shall transmit a report describing the
basis for the finding to the Committee on Banking,
Finance and Urban Affairs and the Committee on
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Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
(3) PURPOSE.—The Corporation shall be oper-
ated for the purpose of fostering economic growth,
assisting in the creation of new employment oppor-
tunities, and strengthening the industrial base of the
United States by facilitating the utilization and com-
mercialization of technologies, processes, and other
proprietary rights—
(A) owned or held in whole or part by Fed-
eral departments, agencies, or government-con-
trolled corporations;
(B) developed in Federal laboratories;
(C) arising in the course of federally fund-
ed research at educational institutions, other
units of government, or with private concerns;
and
(D) which are made available by private
concerns.
(4) CORPORATION NOT AN ESTABLISHMENT OF
THE UNITED STATES.—The Corporation shall not be
an agency or establishment of the United States.
(d) PROCESS OF ORGANIZATION.—
(1) INCORPORATION.—
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(A) IN GENERAL.—The Secretary, the Sec-
retary of Labor, and the Administrator of the
Small Business Administration shall—
(i) provide for the establishment of
the Corporation under the business cor-
poration laws of such State as the Presi-
dent determines to be appropriate; and
(ii) serve as the incorporators of the
Corporation and as the initial members of
the board of directors of the Corporation
until their successors are elected and quali-
fied.
(B) NECESSARY
ACTION
AUTHORIZED.—
The incorporators referred to in subparagraph
(A) shall take such other actions as may be nec-
essary to establish the Corporation.
(C) REVIEW OF PROPOSED ORGANIZATION
OF CORPORATION.—The President shall request
the National Academy of Public Administration
to—
(i) review the proposed organization of
the Corporation to ensure that the organi-
zation plan conforms with sound principles
of administration; and
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(ii) submit a report to the President
in a timely manner with the Academy’s
such 
findings, 
conclusions, 
and 
rec-
ommendations the Academy may determine
to be appropriate.
(2) PRIVATIZATION OF THE CORPORATION.—
(A) IN GENERAL.—Following the establish-
ment of the Corporation, the Corporation shall
be converted to private ownership and manage-
ment in such form and manner as the President
determines to be appropriate, after consulting
with the Committee on Banking, Finance and
Urban Affairs and the Committee on Science,
Space, and Technology of the House of Rep-
resentatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
(B) SOLICITATION
OF
PROPOSALS
FOR
CONVERSION.—The President shall solicit pro-
posals for the conversion of the Corporation to
private ownership and management.
(3) SELECTION CRITERIA AND PROCEDURES.—
(A) IN GENERAL.—The President, in con-
sultation with the Secretary, shall make the
final selection of a proposal for the conversion
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of the Corporation to private ownership and
management.
(B) CRITERIA
FOR
SELECTING
A
PRO-
POSAL TO RECOMMEND TO THE PRESIDENT.—
In selecting a proposal to recommend to the
President for the conversion of the Corporation,
as described in subparagraph (A), the Secretary
shall take into consideration the following fac-
tors—
(i) the quality of the operational plan;
(ii) the soundness of the financing of
the organization and of the operational
plan;
(iii) the qualifications of, and the di-
versity of talents and skills represented by,
the submitters of the proposal, including
the extent to which a combination of orga-
nizations is submitting a joint proposal;
(iv) whether a State government, or
unit of a State government, is participat-
ing financially with the organization sub-
mitting a proposal;
(v) the intentions of the submitters of
the proposal to locate the headquarters of
the Corporation in an area which is not lo-
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cated in the 50 largest Metropolitan Sta-
tistical Areas, based on the 1990 Census;
and
(vi) 
such 
other 
factors 
as 
the
incorporators determine to be appropriate
in meeting the purposes of this title.
(C) PROCEDURES FOR SELECTING A PRO-
POSAL TO RECOMMEND TO THE PRESIDENT.—
In selecting a proposal to recommend to the
President for the conversion of the Corporation,
as described in subparagraph (A), the Secretary
shall ensure that in the selection process—
(i) not less than 3 proposals are iden-
tified as proposals to receive further con-
sideration, as provided in clauses (ii) and
(iii), except that, if fewer than 3 proposals
are received, each of them shall receive fur-
ther consideration;
(ii) a review procedure is implemented
under which the sponsors of the proposals
identified in clause (i) are provided an op-
portunity to make personal presentations
of their proposals to the Secretary or the
Secretary’s designee; and
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(iii) individual negotiations for the re-
vision of proposals identified in clause (i)
may be entered into.
(4) 
WARRANTS
FOR
PARTICIPATION
IN
GAINS.—The President may, in connection with any
contract or agreement for converting the Corpora-
tion to private ownership and contingent on the fi-
nancial success of the Corporation, retain the right
to participate in the financial gains of the Corpora-
tion in such amounts as the President may deter-
mine to be appropriate, after consulting with the
Committee on Banking, Finance and Urban Affairs
and the Committee on Science, Space, and Tech-
nology of the House of Representatives, and the
Committee on Commerce, Science, and Transpor-
tation of the Senate.
(e) PROHIBITION ON CONFLICTS OF INTEREST.—
(1) IN GENERAL.—An officer or employee of
the Corporation may not participate in a matter re-
garding an application, claim, or other matter pend-
ing before the Corporation if, to such person’s
knowledge, the person, the person’s spouse, minor
child, parent, sibling, or partner, or an organization,
other than the Corporation, in which the person is
serving as an officer, director, trustee, partner, or
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employee, or any person with whom the person is ne-
gotiating or has any arrangement concerning per-
spective employment, has a financial interest in the
matter.
(2) CONSEQUENCE OF VIOLATION.—An officer
or employee who violates this subsection shall be
subject to termination, but such a violation shall not
impair, nullify, or otherwise affect the validity of any
otherwise lawful action by the Corporation in which
such officer or employee participated.
(f) GENERAL POWERS.—In addition to the usual
powers conferred upon a corporation under the business
corporation laws of the State in which the Corporation is
incorporated, the Corporation shall have such other inci-
dental powers not inconsistent with this section that are
necessary or appropriate to carry out the purposes and
functions of the Corporation.
(g) PROMOTION OF TECHNOLOGIES.—
(1) MARKETING OF TECHNOLOGIES.—The Cor-
poration shall undertake an aggressive, multifaceted
outreach program to increase awareness of the avail-
ability of technologies, processes, and other propri-
etary rights to qualified concerns under this title.
This program shall emphasize the use of new infor-
mation technologies, including the utilization of
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cable television and the modern electronic media,
and the data base established under this title.
(2) UTILIZATION OF CABLE TELEVISION.—
(A) IN
GENERAL.—In implementing the
outreach program provided under paragraph
(1), the Corporation shall enter into negotia-
tions for the utilization of cable television for
marketing efforts for the commercialization of
technologies, processes, and other proprietary
rights—
(i) owned or held in whole or part by
Federal departments, agencies, or govern-
ment controlled corporations;
(ii) develop in Federal laboratories;
(iii) arising in the course of federally
funded research at educational institutions,
other units of government or with private
concerns; and
(iv) which are otherwise made avail-
able to the government by private con-
cerns.
(B) PROMOTIONAL
FEES.—Under terms
negotiated between the Secretary and the Cor-
poration, the Secretary is authorized to make
payments to the Corporation for promotional
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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
HR 2442 EH
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
HR 2442 EH
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.