[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1432 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1432

To establish missions for Department of Energy research and development 
laboratories, provide for the evaluation of laboratory effectiveness in 
accomplishing such missions, and reorganize and consolidate Department 
   of Energy technology transfer activities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 1993

 Mr. Brown of California (for himself, Mrs. Lloyd, Mr. Valentine, Mr. 
   Boucher, and Mr. Wyden) introduced the following bill; which was 
 referred jointly to the Committees on Science, Space, and Technology 
                           and Armed Services

                           September 15, 1993

Additional sponsors: Mr. Bacchus of Florida, Mr. Inslee, Ms. Furse, Mr. 
 Waxman, Mr. Miller of California, Ms. Pelosi, Mr. Dellums, Ms. Eshoo, 
                             and Mr. Scott

_______________________________________________________________________

                                 A BILL


 
To establish missions for Department of Energy research and development 
laboratories, provide for the evaluation of laboratory effectiveness in 
accomplishing such missions, and reorganize and consolidate Department 
   of Energy technology transfer activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy Laboratory 
Technology Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the Department of Energy maintains an extensive system 
        of laboratories which are engaged in research and development 
        work in fields such as energy development and energy 
        efficiency, national security, hazardous waste cleanup, high 
        energy physics, and information technologies;
            (2) departmental laboratories represent a national 
        resource, comprised of sophisticated scientific 
        instrumentation, unique research facilities, and a dedicated, 
        multi-disciplinary work force of scientists and engineers;
            (3) the end of the Cold War has created a significant 
        challenge to the departmental nuclear weapons laboratories, 
        since the nature and level of national security activities 
        conducted at these laboratories are changing rapidly;
            (4) the United States faces serious national security, 
        economic, and environmental challenges toward which the 
        resources of departmental laboratories could be applied in a 
        more concerted fashion;
            (5) in order to contribute to United States economic 
        competitiveness, departmental laboratories will need to 
        cooperate with industry on an unprecedented scale;
            (6) United States industry appears to have a strong 
        interest in developing cooperative research and development 
        agreements, and other joint research programs, with 
        departmental laboratories, although the legislative and 
        bureaucratic frameworks for cooperative efforts between 
        departmental laboratories and industry remain cumbersome;
            (7) independent reviews of departmental laboratories over 
        the past two decades uniformly have emphasized the importance 
        of maintaining well defined missions at these laboratories, in 
        order to provide coherence and direction;
            (8) as the missions of departmental laboratories, and other 
        Federal laboratories, change in response to evolving national 
        needs, the activities of these laboratories should be 
        coordinated to the maximum extent possible and should be 
        rigorously evaluated in order to ensure that they are meeting 
        their intended objectives;
            (9) there currently exists no Government-wide process for 
        evaluating and coordinating the missions and research and 
        development activities among the Federal laboratories;
            (10) the Federal Coordinating Council for Science, 
        Engineering, and Technology, which is chaired by the Director 
        of the Office of Science and Technology Policy, is responsible 
        for conducting cross-cutting reviews of science and technology 
        in the United States Government, and should serve to coordinate 
        activities at the Federal laboratories and to ensure that such 
        activities are meeting established technical milestones and 
        other performance goals; and
            (11) if certain Federal laboratories, or portions thereof, 
        have completed the mission or missions for which they were 
        established, and are no longer contributing to other important 
        national objectives, then such laboratories, or portions 
        thereof, should be closed.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Committee'' means the Federal Laboratory 
        Mission Evaluation and Coordination Committee established under 
        section 9;
            (2) the term ``Council'' means the Federal Coordinating 
        Council for Science, Engineering, and Technology;
            (3) the term ``Department'' means the Department of Energy;
            (4) the term ``departmental laboratory'' means any research 
        and development laboratory or center that is owned or leased by 
        the Department, and whose operations are substantially funded 
        by the Department, whether operated by the Government or by a 
        contractor;
            (5) the term ``departmental multiprogram laboratories'' 
        means the Argonne National Laboratory, the Brookhaven National 
        Laboratory, the Idaho National Engineering Laboratory, the 
        Lawrence Berkeley National Laboratory, the Lawrence Livermore 
        National Laboratory, the Los Alamos National Laboratory, the 
        National Renewable Energy Laboratory, the Oak Ridge National 
        Laboratory (including research and development activities 
        located at the Y-12 Plant), the Pacific Northwest Laboratory, 
        the Sandia National Laboratories, and any other laboratory 
        which the Secretary designates as a departmental multiprogram 
        laboratory;
            (6) the term ``departmental nuclear weapons laboratories'' 
        means the Lawrence Livermore National Laboratory, the Los 
        Alamos National Laboratory, and the Sandia National 
        Laboratories;
            (7) the term ``Federal laboratory'' means any research and 
        development laboratory or center that is owned or leased by the 
        Federal Government, and whose operations are substantially 
        funded by the Federal Government, whether operated by the 
        Government or by a contractor;
            (8) the term ``green technology'' means any technology 
        aimed at reducing the generation of hazardous or nonhazardous 
        waste or pollution, or reducing the consumption of energy or 
        materials, while contributing to sustainable United States 
        economic growth;
            (9) the term ``mission'' means a clear statement of purpose 
        to focus research and development activity at a Federal 
        laboratory on specified objectives;
            (10) the term ``Secretary'' means the Secretary of Energy; 
        and
            (11) the term ``technology transfer'' means--
                    (A) any process by which federally owned or 
                originated technology, or the intellectual property 
                rights associated with such technology, are transferred 
                to private industry, State or local governments, or 
                universities or other nonprofit organizations; and
                    (B) any collaborative effort involving a Federal 
                laboratory and private industry, State or local 
                governments, or universities or other nonprofit 
                organizations, whose goal is--
                            (i) to enhance the potential use by private 
                        industry, State or local governments, or 
                        universities or other nonprofit organizations, 
                        of the results of research and development 
                        sponsored by the Federal Government; or
                            (ii) to jointly develop new scientific or 
                        technical information or generic, 
                        precompetitive technology.

SEC. 4. MISSIONS OF DEPARTMENTAL LABORATORIES.

    (a) General Authority.--The Department is authorized to maintain 
departmental laboratories for the purpose of pursuing the following 
missions:
            (1) Enhancing the Nation's understanding of energy 
        production and use, with emphasis on energy efficiency, 
        conservation, and renewable energy production, with the goal of 
        reducing the Nation's reliance on imported and nonrenewable 
        energy sources and minimizing the environmental impacts of 
        energy use.
            (2) Advancing nuclear science and technology for national 
        security purposes, with the goal of helping ensure a safe and 
        reliable nuclear arsenal for as long as the Nation maintains 
        nuclear weapons.
            (3) Assisting with the dismantlement of nuclear weapons, 
        working to curb the proliferation of nuclear weapons, and 
        conducting research on and the development of technologies 
        needed for the effective verification of international arms 
        control agreements, with the goal of reducing the threat of 
        nuclear war.
            (4) Conducting fundamental research in energy-related 
        science and technology, including construction and operation of 
        unique scientific instruments for use by the Federal 
        Government, academia, industry, and other appropriate non-
        Federal institutions, with the goal of expanding the Nation's 
        basic understanding of the scientific principles of nature.
            (5) Developing technologies and techniques for the safe 
        disposal of hazardous waste (including radioactive waste) 
        resulting from nuclear materials production, weapons production 
        and surveillance programs, and naval nuclear propulsion 
        programs, with the goal of accelerating the schedule of, and 
        reducing the total cost of, cleaning up the hazardous waste 
        sites associated with nuclear weapons production and other 
        nuclear materials programs funded by the Department.
            (6) Working with industry and other Federal agencies to 
        develop generic, precompetitive green technologies, with the 
        goal of protecting environmental quality and enhancing the 
        United States economy.
            (7) Except as provided in subsection (b)(2), conducting 
        technology transfer activities with the goal of helping to 
        enhance the ability of the departmental laboratories to meet 
        their other mission responsibilities and also, to the extent 
        practicable, contributing to sustainable United States economic 
        growth.
            (8) Utilizing the scientific, technical, and human 
        resources at such laboratories to support the national goal of 
        improving the quality of science, mathematics, and engineering 
        education in the United States.
    (b) Additional Missions.--(1) Departmental laboratories are 
authorized to pursue additional missions beyond those identified in 
subsection (a) only to the extent that--
            (A) such laboratories possess substantial technical 
        capabilities that can be devoted to such missions;
            (B) such additional mission activities do not interfere 
        with the pursuit of the missions identified in subsection (a);
            (C) involvement in such additional mission activities is 
        coordinated with any other Federal agency or agencies which 
        carry out such mission activities; and
            (D) such additional mission activities are consistent with 
        the implementation of the process developed by the Committee 
        pursuant to section 9(d)(2) of this Act.
    (2) No more than 10 percent of the annual budget of a departmental 
laboratory may be committed to technology transfer activities that do 
not directly support the pursuit of missions identified in subsection 
(a).
    (c) Annual Report.--The Secretary, in consultation with appropriate 
departmental advisory boards and laboratory officials, shall submit to 
Congress annually before February 1 a report which shall include for 
each departmental laboratory--
            (1) a statement of mission or missions which is 
        sufficiently clear and specific to guide the Department and the 
        departmental laboratory in setting goals against which the 
        performance of the departmental laboratory will be evaluated, 
        along with a statement of such goals;
            (2) an explanation for any proposed modifications in the 
        mission or missions for the departmental laboratory;
            (3) a general assessment of the performance of the 
        departmental laboratory over the preceding 12-month period in 
        meeting its assigned mission or missions; and
            (4) a technology transfer plan, describing how 
        collaborative efforts between the laboratory and private 
        industry, State or local governments, or universities or other 
        nonprofit organizations are being coordinated and directed, 
        based on the technical strengths of the laboratory, to enhance 
        the impact of such collaborations.

SEC. 5. CONSOLIDATION OF DEPARTMENTAL NUCLEAR WEAPONS LABORATORIES.

    The Secretary, in consultation with the Secretary of Defense and 
other appropriate Federal officers, shall submit to Congress by March 
31, 1994, a plan for the phased consolidation of the nuclear weapons 
research, development, engineering, and test-related activities of the 
departmental nuclear weapons laboratories. The plan shall--
            (1) provide for reducing the cost of the Department's 
        nuclear weapons research, development, engineering, and test-
        related programs by eliminating unnecessary redundancies within 
        the departmental nuclear weapons laboratories;
            (2) seek to ensure that the Nation retains the caliber and 
        level of nuclear weapons research, development, engineering, 
        and test-related capabilities and activities that it needs for 
        national security purposes, consistent with section 507 of the 
        Energy and Water Development Appropriations Act, 1993 (Public 
        Law 102-377);
            (3) include a plan for maintaining peer review of nuclear 
        weapons design activities;
            (4) provide a plan, including budgetary and programmatic 
        information, for redirecting one or more of the departmental 
        nuclear weapons laboratories to civilian missions, consistent 
        with section 4; and
            (5) include an assessment of any workforce retraining, 
        environmental clean-up, or other conversion costs that would be 
        required to carry out the plan submitted under this section.

SEC. 6. AMENDMENTS TO THE DEPARTMENT OF ENERGY ORGANIZATION ACT.

    (a) Organization of the Department.--The Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.) is amended--
            (1) in section 2, by adding at the end the following new 
        subsection:
    ``(d) As used in this Act--
            ``(1) the term `cooperative research and development 
        agreement' has the meaning given such term in section 12(d)(1) 
        of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a(d)(1));
            ``(2) the term `departmental laboratory' means any research 
        and development laboratory or center that is owned or leased by 
        the Department, and whose operations are substantially funded 
        by the Department, whether operated by the Government or by a 
        contractor;
            ``(3) the term `departmental multiprogram laboratories' 
        means the Argonne National Laboratory, the Brookhaven National 
        Laboratory, the Idaho National Engineering Laboratory, the 
        Lawrence Berkeley National Laboratory, the Lawrence Livermore 
        National Laboratory, the Los Alamos National Laboratory, the 
        National Renewable Energy Laboratory, the Oak Ridge National 
        Laboratory (including research and development activities 
        located at the Y-12 Plant), the Pacific Northwest Laboratory, 
        the Sandia National Laboratories, and any other laboratory 
        which the Secretary designates as a departmental multiprogram 
        laboratory; and
            ``(4) the term `technology transfer' means--
                    ``(A) any process by which federally owned or 
                originated technology, or the intellectual property 
                rights associated with such technology, are transferred 
                to private industry, State or local governments, or 
                universities or other nonprofit organizations; and
                    ``(B) any collaborative effort involving a Federal 
                laboratory and private industry, State or local 
                governments, or universities or other nonprofit 
                organizations, whose goal is--
                            ``(i) to enhance the potential use by 
                        private industry, State or local governments, 
                        or universities or other nonprofit 
                        organizations, of the results of research and 
                        development sponsored by the Federal 
                        Government; or
                            ``(ii) to jointly develop new scientific or 
                        technical information or generic, 
                        precompetitive technology.'';
            (2) in section 202(a), by striking ``Under Secretary'' and 
        inserting in lieu thereof ``Under Secretaries'';
            (3) by amending section 202(b) to read as follows:
    ``(b) There shall be in the Department an Under Secretary and a 
General Counsel, who shall perform such functions and duties as the 
Secretary shall prescribe, and an Under Secretary for Science and 
Technology, who shall be assigned duties and responsibilities in 
accordance with subsection (c). These 3 officers shall be appointed by 
the President, by and with the advice and consent of the Senate. The 
Under Secretaries shall be compensated at the rate for level III of the 
Executive 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.'';
            (4) by inserting after section 202(b) the following new 
        subsection:
    ``(c) The functions which the Secretary shall assign to the Under 
Secretary for Science and Technology shall include--
            ``(1) oversight and management of all departmental 
        laboratories;
            ``(2) oversight of basic energy sciences, high energy and 
        nuclear physics, fusion energy, and all other nondefense 
        research and development programs of the Department, including 
        nondefense aspects of dual use research and technology 
        development programs;
            ``(3) coordination of missions and programmatic activities 
        among all departmental laboratories;
            ``(4) advising the Secretary with respect to the well-being 
        and management of all departmental laboratories;
            ``(5) advising the Secretary on issues of science and 
        technology;
            ``(6) management of the Department's technology transfer 
        program, pursuant to section 204;
            ``(7) coordination of the Department's research and 
        development programs with the research and development programs 
        of other Federal agencies; and
            ``(8) developing and instituting a system that incorporates 
        total quality management into the management and operations of 
        departmental laboratories.'';
            (5) by redesignating sections 203, 204, 205, 206, 207, 209, 
        210, and 211 as sections 205, 206, 207, 208, 209, 210, 211, and 
        212, respectively;
            (6) by inserting after section 202 the following new 
        sections:

``technology development advisory board and industrial advisory groups 
               at departmental multiprogram laboratories

    ``Sec. 203. (a)(1) The Secretary shall establish within the 
Department an advisory board to be known as the `Technology Development 
Advisory Board', to provide the Secretary with advice regarding the 
Department's activities aimed at collaborating with industry in the 
areas of research, technology development, and technology transfer.
    ``(2) A majority of the membership of the Technology Development 
Advisory Board shall consist of prominent representatives of United 
States industry, with the remaining members being representatives of 
educational institutions and professional and technical societies in 
the United States. All members shall be individuals qualified to 
provide the Secretary with advice described in paragraph (1).
    ``(3) The Technology Development Advisory Board shall request 
comment and suggestions from departmental multiprogram laboratories, 
from United States industry, and from educational institutions and 
professional and technical societies in the United States, to assist 
the Board in providing advice to the Secretary described in paragraph 
(1).
    ``(b) The director of each departmental multiprogram laboratory 
shall establish an advisory group consisting of representatives of 
United States industry, and of educational institutions and 
professional and technical societies in the United States, who have 
experience in the industrial sector to--
            ``(1) evaluate new initiatives proposed by the departmental 
        multiprogram laboratory and identify opportunities for 
        collaborative efforts with United States industry on those 
        initiatives; and
            ``(2) evaluate ongoing programs at the departmental 
        multiprogram laboratory from the perspective of United States 
        industry.
    ``(c) The Secretary or the director of a departmental multiprogram 
laboratory may utilize existing advisory boards to achieve the purposes 
of this section.
    ``(d) Section 14 of the Federal Advisory Committee Act shall not 
apply to any advisory board or group established under this section.

                   ``office of technology development

    ``Sec. 204. (a) There shall be within the Department an Office of 
Technology Development, to be headed by a Director, who shall report to 
the Under Secretary for Science and Technology. This office shall be 
established through consolidation of the functions and budgetary 
authority of the Defense Laboratory Technology Transfer Program, the 
Energy Research Laboratory Technology Transfer Program, and the Office 
of Technology Utilization. The Director of the Office shall--
            ``(1) work with all Assistant Secretaries, Office 
        Directors, and other Department officials with responsibilities 
        for managing research and development programs to ensure that 
        technology transfer considerations are fully integrated into 
        the planning and conduct of all research and development 
        conducted at departmental laboratories;
            ``(2) develop and issue departmental policies for 
        technology transfer activities, with the goal of creating a 
        stable and consistent policy framework for departmental 
        collaborations with private industry, State or local 
        governments, or universities or other nonprofit organizations;
            ``(3) coordinate the management of Department funding for 
        departmental collaborations with private industry, State or 
        local governments, or universities or other nonprofit 
        organizations;
            ``(4) develop appropriate criteria for measuring the 
        success of departmental technology transfer programs, and 
        ensure that all departmental technology transfer programs are 
        evaluated on the basis of those criteria;
            ``(5) provide funding for cooperative research and 
        development agreements;
            ``(6) support, to the extent funds are available for such 
        purpose under subsection (b), generic, precompetitive research 
        that advances research and development activities at 
        departmental laboratories to the point of providing the 
        potential basis for technology transfer;
            ``(7) for each cooperative research and development 
        agreement entered into by a departmental laboratory or 
        laboratories, prepare and make available to Congress a data 
        sheet which provides the approximate date or dates on which the 
        agreement went through each major stage of development, 
        consideration, and disposition by the laboratory or 
        laboratories and the Department;
            ``(8) promote and administer the National Technology 
        Partnership Award established by section 8(a) of the Department 
        of Energy Laboratory Technology Act of 1993; and
            ``(9) carry out such additional duties as are assigned to 
        the Office of Technology Development by the Secretary relating 
        to enhancing the technology transfer activities of the 
        Department.
    ``(b) There are authorized to be appropriated to the Secretary, to 
be managed by the Office of Technology Development, for carrying out 
paragraphs (5) and (6) of subsection (a), $310,000,000 for fiscal year 
1994, $400,000,000 for fiscal year 1995, $500,000,000 for fiscal year 
1996, and $580,000,000 for fiscal year 1997, of which at least 5 
percent for each fiscal year shall be for carrying out subsection 
(a)(6). The Office of Technology Development shall ensure that 
appropriated funding is available to all departmental laboratories 
without distinction as to whether the laboratory is involved in defense 
or nondefense activities.'';
            (7) in section 211, as so redesignated by paragraph (5) of 
        this section--
                    (A) by inserting the following at the end of 
                subsection (a): ``Such Director shall report to the 
                Under Secretary for Science and Technology.''; and
                    (B) by amending subsection (b) to read as follows:
    ``(b) It shall be the duty and responsibility of the Director--
            ``(1) to manage high energy and nuclear physics, fusion 
        energy, and supporting research and technical analysis 
        programs, including basic energy sciences and university and 
        science education programs;
            ``(2) to manage research and development on the health, 
        safety, and environmental effects of energy technologies and 
        programs;
            ``(3) to administer the Department's Small Business 
        Innovation Research Program;
            ``(4) to manage the Department's program of grants and 
        other forms of financial assistance in support of basic and 
        applied energy research activities; and
            ``(5) to carry out such additional duties as are assigned 
        to the Office by the Secretary.''; and
            (8) by amending the table of contents to conform to the 
        amendments made by this section.

SEC. 7. AMENDMENTS TO STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 
              1980.

    Section 12(c)(5) of the Stevenson-Wydler Technology 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) Except as provided in subparagraphs (D) and (E), any 
agency which has contracted with a non-Federal entity to operate a 
laboratory shall review and approve, request specific modifications to, 
or disapprove a joint work statement and cooperative research and 
development agreement that is submitted by the director of such 
laboratory within 30 days after such submission. In any case in which 
such an agency disapproves or requests the modification of a joint work 
statement or cooperative research and development agreement submitted 
under this section, the agency shall promptly transmit a written 
explanation of such disapproval or modification to the director of the 
laboratory concerned. In any case where an agency has requested 
specific modifications 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 15 days after resubmission. 
No agreement may be entered into by a Government-owned, contractor-
operated laboratory under this section before approval of both the 
cooperative research and development agreement and a joint work 
statement.'';
            (2) by striking clauses (ii), (iv), and (vi) of 
        subparagraph (C);
            (3) by redesignating clauses (iii) and (v) as clauses (ii) 
        and (iv), respectively;
            (4) by inserting after subparagraph (C)(ii) the following 
        new clause:
    ``(iii) Any cooperative research and development agreement 
involving a Federal commitment of $500,000 or more shall contain 
technical milestones and other appropriate performance goals and 
evaluation criteria, with an anticipated schedule for meeting such 
milestones, goals, and criteria. Each sponsoring Federal agency shall 
conduct annual reviews of the work conducted within such cooperative 
research and development agreements and shall determine whether such 
cooperative research and development agreements--
            ``(I) generally are meeting established technical 
        milestones, performance goals, and evaluation criteria;
            ``(II) require budget modifications in order to achieve the 
        technical milestones and other performance goals and evaluation 
        criteria of the agreement;
            ``(III) require modifications in the established technical 
        milestones and other performance goals and evaluation criteria; 
        or
            ``(IV) warrant termination.'';
            (5) in subparagraph (C)(iv), as so redesignated by 
        paragraph (3) of this section--
                    (A) by striking ``under clause (iv) within'' and 
                inserting in lieu thereof ``of a cooperative research 
                and development agreement under clause (i) within'';
                    (B) by striking ``successive 30-day period'' and 
                inserting in lieu thereof ``successive 10-day period''; 
                and
                    (C) by striking ``under clause (iv).'' and 
                inserting in lieu thereof ``under clause (i).'';
            (6) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (7) by inserting after subparagraph (C) the following new 
        subparagraph:
    ``(D)(i) A Federal agency may permit the director of any of its 
Government-owned, contractor-operated laboratories to enter into a 
cooperative research and development agreement involving a Federal 
commitment of $500,000 or less, without the specific approval of the 
agency for the cooperative research and development agreement.
    ``(ii) A laboratory director who is granted authority by a Federal 
agency to enter into a cooperative research and development agreement 
pursuant to clause (i) shall provide the Federal agency with all 
relevant materials associated with the decision to enter into such an 
agreement, including an explanation of how the agreement will 
complement and contribute to the laboratory's missions and 
activities.''.

SEC. 8. NATIONAL TECHNOLOGY PARTNERSHIP AWARD.

    (a) Establishment.--There is established a National Technology 
Partnership Award, which shall be evidenced by a medal or trophy 
bearing the inscription ``National Technology Partnership Award''. The 
medal or trophy shall be of such design and materials and bear such 
additional inscriptions as the Secretary may prescribe.
    (b) Presentation of Award.--(1) The President shall periodically 
make the award to private sector or Federal Government organizations or 
individuals recommended by the review committee established under 
subsection (e) which in the judgment of the President have 
substantially benefited the economic or social well-being of the United 
States through public sector-private sector collaboration involving 
technology development or technology transfer, and which as a 
consequence are deserving of special recognition.
    (2) The presentation of the award shall be made by the President 
with such ceremonies as the President may deem proper.
    (3) An organization to which an award is made under this section 
may publicize its receipt of such award and use the award in its 
advertising, but it shall be ineligible to receive another such award 
in the same category for a period of 5 years.
    (c) Categories in Which Award may be Given.--(1) Subject to 
paragraphs (2) and (3) and the availability of appropriations or other 
funding, separate awards shall be made to qualifying organizations or 
individuals in each of the following categories:
            (A) An organization or individual involved in a 
        collaboration that led to the development or transfer of a 
        technology that contributed substantially to the economic 
        competitiveness of United States industry.
            (B) An officer or employee of the Federal Government, or of 
        a Federal laboratory, who has demonstrated unique foresight by 
        integrating industry participation into a program in a fashion 
        that added considerable value to the Federal investment.
            (C) An organization or individual involved in a 
        collaboration that led to the development or transfer of a 
        technology that contributed substantially toward protection of 
        the environment.
    (2) The Secretary may at any time expand, subdivide, or otherwise 
modify the list of categories under paragraph (1), except that any such 
expansion, subdivision, or modification shall not be effective unless 
the Secretary has submitted a detailed description thereof to the 
Congress and a period of 30 days has elapsed since that submission.
    (3) Not more than 2 awards may be made within any category in any 
year, and no award shall be made within any category if there are no 
qualifying candidates in that category.
    (d) Criteria for Qualification.--An organization, officer, or 
employee of the Federal Government, or of a Federal laboratory, may 
qualify for an award under this section only if nominated in writing by 
the appropriate senior official of a Federal agency. A private sector 
organization or individual may qualify for an award under this section 
only if it applies to the Secretary in writing for the award, or is 
nominated in writing by the appropriate senior official of a Federal 
agency.
    (e) Review Committee.--(1) The Secretary shall establish and chair 
a review committee that shall meet annually to review nominations and 
applications for the National Technology Partnership Award, and to 
recommend to the President organizations or individuals that are 
qualified to receive the Award.
    (2) The membership of the review committee shall consist of one 
representative each from the Federal organizations which comprise the 
Council, and an equal number of prominent representatives from private 
industry, State or local governments, or universities or other 
nonprofit organizations, who are qualified to evaluate and judge the 
merits of proposed candidates for the National Technology Partnership 
Award.
    (3) Members of the review committee shall receive no compensation 
for service on the review committee other than travel expenses and per 
diem in lieu of subsistence.
    (4) Section 14 of the Federal Advisory Committee Act shall not 
apply to the review committee established under this subsection.
    (f) Funding.--The Secretary is authorized to seek and accept gifts 
from public and private sources to carry out the program under this 
section.

SEC. 9. FEDERAL LABORATORY MISSION EVALUATION AND COORDINATION 
              COMMITTEE.

    (a) Establishment.--The President, through the Council, shall 
establish a Federal Laboratory Mission Evaluation and Coordination 
Committee. The Committee shall carry out Council functions under 
section 401 of the National Science and Technology Policy, 
Organization, and Priorities Act of 1976 (42 U.S.C. 6651) relating to 
evaluation and coordination of activities carried out at Federal 
laboratories.
    (b) Membership.--The Committee shall consist of the Director of the 
Office of Science and Technology Policy, who shall chair the Committee, 
and one representative each from--
            (1) the Department of Agriculture;
            (2) the Department of Commerce;
            (3) the Department of Defense;
            (4) the Department of Education;
            (5) the Department of Energy;
            (6) the Department of Health and Human Services;
            (7) the Department of Housing and Urban Development;
            (8) the Department of the Interior;
            (9) the Department of State;
            (10) the Department of Transportation;
            (11) the Department of Veterans Affairs;
            (12) the Environmental Protection Agency;
            (13) the National Aeronautics and Space Administration;
            (14) the National Economic Council;
            (15) the National Science Foundation;
            (16) the National Security Council
            (17) the Office of Management and Budget; and
            (18) such other agencies and departments of the United 
        States as the President considers appropriate.
Such representatives shall be high ranking officials of their agency or 
department, wherever possible the head of the portion of that agency or 
department that is most relevant to the functions of the Committee.
    (c) Support Personnel.--The Chairperson of the Council shall seek 
to have Federal employees detailed to the Council for purposes of 
working on business of the Committee, and shall have the authority to 
make personnel decisions regarding such employees. An Executive 
Secretary shall be appointed by the Chairperson of the Committee, with 
the approval of the Committee, to provide coordination and 
administrative support to the Committee. The Executive Secretary shall 
be a permanent employee of one of the agencies or departments 
represented on the Committee, and shall remain in the employ of such 
agency or department.
    (d) Functions.--The Committee shall--
            (1) review the missions of, activities conducted at, and 
        scientific, technical, and human resources at, Federal 
        laboratories, with the goals of--
                    (A) improving the efficiency and effectiveness of 
                the overall Federal laboratory system;
                    (B) ensuring that research and development 
                conducted at Federal laboratories is coordinated to 
                maximize its contribution to United States economic 
                growth, environmental protection, national security, 
                expansion of human knowledge, and other important 
                national goals; and
                    (C) ensuring, to the maximum extent practicable, 
                that between 10 and 20 percent of the budgets of 
                Federal laboratories are devoted to collaborative 
                activities with private industry and State or local 
                governments;
            (2) develop and implement a process for assigning missions 
        to the Federal laboratories with the best scientific, 
        technical, and human capabilities for successfully addressing 
        such missions;
            (3) develop and ensure implementation, as appropriate, of a 
        cross-cutting program evaluation system for research and 
        development activities at the Federal laboratories including, 
        where appropriate, the establishment of technical milestones 
        and other measures for performance evaluation for major 
        activities at Federal laboratories;
            (4) serve as a forum for review and development of 
        Government-wide policies and procedures for collaborative 
        activities between Federal laboratories and private industry, 
        State or local governments, or universities or other nonprofit 
        organizations;
            (5) work to ensure that technology transfer considerations 
        are integrated into the planning of Federal laboratory research 
        and development activities;
            (6) annually evaluate and report to Congress on the 
        progress of all appropriate Federal laboratories toward 
        achieving the goal stated in paragraph (1)(C); and
            (7) prepare, and submit to the President within 1 year 
        after the date of enactment of this Act, recommendations 
        regarding the advisability of the establishment of a Commission 
        to determine whether specific Federal laboratories should be 
        realigned, consolidated, closed, or otherwise altered in order 
        to meet the goals stated in subparagraphs (A), (B), and (C) of 
        paragraph (1).

                                 <all>

HR 1432 SC----2
HR 1432 SC----3