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

                                                 Union Calendar No. 288

103d CONGRESS

  2d Session

                               H. R. 1432

                  [Report No. 103-484, Parts I and II]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 19, 1994

 Reported from the Committee on Science, Space, and Technology with an 
 amendment, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed





                                                 Union Calendar No. 288
103d CONGRESS
  2d Session
                                H. R. 1432

                  [Report No. 103-484, Parts I and II]

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

                             April 26, 1994

    Reported from the Committee on Armed Services with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 19, 1994

            Additional sponsors: Ms. Woolsey and Mr. Mineta

                              May 19, 1994

 Reported from the Committee on Science, Space, and Technology with an 
 amendment, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
 [For text of introduced bill, see copy of bill as introduced on March 
                               23, 1993]

_______________________________________________________________________

                                 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 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the Department of Energy maintains an extensive system 
        of laboratories which represent a national resource, comprised 
        of a dedicated, multi-disciplinary work force of scientists and 
        engineers, sophisticated scientific instrumentation, and unique 
        research facilities;
            (2) the end of the Cold War has significantly reduced the 
        Nation's requirements for nuclear weapons systems development 
        and production, but the departmental laboratories retain a 
        vital national security mission to maintain the Nation's 
        confidence in the safety, security, and reliability of the 
        nuclear stockpile and to support verification of arms control 
        agreements, dismantlement of weapons, nonproliferation and 
        counterproliferation efforts, intelligence requirements, work 
        for the Department of Defense, and other national security 
        requirements;
            (3) the United States faces serious national security, 
        energy, economic, and environmental challenges toward which the 
        resources of departmental laboratories could be applied in a 
        more concerted fashion;
            (4) in order to contribute to United States economic 
        competitiveness and maintain the core competencies required to 
        meet national security requirements, departmental laboratories 
        will need to cooperate with industry, State and local 
        governments, universities, and nonprofit organizations on a 
        broader scale;
            (5) the legislative and bureaucratic frameworks for 
        cooperative efforts between departmental laboratories and 
        industry, State and local governments, universities, and 
        nonprofit organizations should be streamlined to facilitate 
        partnerships;
            (6) departmental laboratories' interaction with industry 
        goes beyond the movement of technologies developed at the 
        laboratories to industry, State and local governments, 
        universities, and nonprofit organizations; it has included and 
        should continue to include a two-way flow of ideas, people, 
        knowledge, and intellectual property, whereby partnerships 
        provide benefits to the laboratory as well as to the 
        nonlaboratory partners;
            (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, direction, and the basis for 
        performance evaluation;
            (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 and evaluated to the maximum extent practicable in 
        order to ensure that they are meeting their intended 
        objectives; and
            (9) the National Science and Technology Council, which is 
        chaired by the President, is responsible for coordinating the 
        science and technology policy making process and for 
        integrating the President's science and technology policy 
        agenda across the Federal Government, and should serve to 
        coordinate activities at the Federal laboratories and to ensure 
        the implementation of measures for performance evaluation for 
        such activities.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Department'' means the Department of Energy;
            (2) the term ``departmental laboratory'' means a Federal 
        laboratory, or any other laboratory or facility designated by 
        the Secretary, operated by or on behalf of the Department;
            (3) the term ``departmental defense laboratories'' means 
        the Lawrence Livermore National Laboratory, the Los Alamos 
        National Laboratory, and the Sandia National Laboratories;
            (4) the term ``Federal laboratory'' has the meaning given 
        the term ``laboratory'' in section 12(d)(2) of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(2));
            (5) the term ``generic, precompetitive'' means having broad 
        market potential but not yet associated with specific 
        marketable products or product lines;
            (6) the term ``mission'' means a clear statement of purpose 
        to focus research and development activity at a Federal 
        laboratory on specified objectives;
            (7) the term ``Secretary'' means the Secretary of Energy; 
        and
            (8) the term ``technology transfer'' means--
                    (A) any collaborative effort involving a Federal 
                laboratory and private industry, State or local 
                governments, universities, or nonprofit organizations, 
                whose goal is--
                            (i) to enhance the potential use by private 
                        industry, State or local governments, 
                        universities, or nonprofit organizations, of 
                        research and development sponsored by the 
                        Federal Government; or
                            (ii) to jointly develop new scientific or 
                        technical information or generic, 
                        precompetitive technology; or
                    (B) 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, 
                universities, or nonprofit organizations.

SEC. 4. MISSIONS OF DEPARTMENTAL LABORATORIES.

    (a) General Authority.--The Department is authorized to maintain 
departmental laboratories for the purpose of advancing the following 
missions:
            (1) To maintain national security, as follows:
                    (A) To provide for the Nation's nuclear weapons 
                requirements, to be stewards of the Nation's nuclear 
                weapons stockpile, and to meet other national security 
                requirements as determined by the President, including 
                the advancement of science and technology for national 
                security purposes.
                    (B) To reduce the threat of nuclear war, by 
                assisting with the dismantlement of nuclear weapons, 
                working to curb the proliferation of weapons of mass 
                destruction, supporting efforts to counter the 
                proliferation of weapons of mass destruction and their 
                delivery systems, and conducting research on and the 
                development of technologies needed for the effective 
                verification of international arms control agreements, 
                including prospective international arms control 
                agreements.
            (2) To ensure the Nation's energy supply, as follows:
                    (A) To reduce the Nation's reliance on imported and 
                nonrenewable energy sources through research and 
                development related to energy production and use, with 
                emphasis on energy efficiency, conservation, and 
                renewable energy production.
                    (B) To conduct basic research in energy-related 
                science and technology and in the fundamental 
                understanding of matter, including construction and 
                operation of unique scientific instruments and 
                facilities for use by the Federal Government, academia, 
                industry, and other appropriate non-Federal 
                institutions.
            (3) To carry out research and development for the purpose 
        of minimizing the environmental impacts of the production and 
        use of energy and materials, including missions as follows:
                    (A) To develop generic, precompetitive technologies 
                aimed at reducing the generation of hazardous or 
                nonhazardous waste or pollution, or reducing the 
                consumption of energy or materials, while contributing 
                to sustainable United States economic growth.
                    (B) To develop technologies and techniques for the 
                safe disposal of hazardous waste or radioactive waste 
                in order to accelerate the schedule of, and reduce the 
                total cost of, cleaning up the hazardous waste sites 
                associated with nuclear weapons production and other 
                programs funded by the Department.
    (b) Additional Missions.--The Department is authorized to pursue 
additional missions at departmental laboratories beyond those 
identified in subsection (a) only--
            (1) if such missions are assigned to the Department by the 
        President, and only to the extent that--
                    (A) such laboratories possess 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); and
                    (C) involvement in such additional mission 
                activities is coordinated with any other Federal agency 
                or agencies which carry out such mission activities, as 
                appropriate; or
            (2) if such missions have been established by statute 
        enacted before the date of enactment of this Act, and do not 
        conflict with the missions established under this section.
    (c) Technology Transfer.--(1)(A) Except as provided in subparagraph 
(B), the Department is authorized to use program funds at the 
departmental laboratories for technology transfer activities, whenever 
those activities are consistent with and further an assigned mission of 
the departmental laboratory.
    (B) Not more than 20 percent of funds made available to the 
Department in any fiscal year for weapons activities for research and 
development may be set aside for the technology transfer initiative 
described in the President's budget for weapons activities for that 
fiscal year.
    (2) The Secretary shall--
            (A) work with all Assistant 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;
            (B) 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, 
        universities, or nonprofit organizations; and
            (C) oversee the management and allocation of Department 
        funding for technology transfer activities to ensure that such 
        funding is available to all departmental laboratories without 
        distinction as to whether the laboratory is involved in defense 
        or nondefense activities.
    (3) Funds authorized to be appropriated to the Department of Energy 
and made available for laboratory-directed research and development 
shall be available for advancing generic, precompetitive research and 
development activities at the departmental laboratory to the point of 
providing the potential basis for technology transfer.
    (d) Education.--The Department is authorized to use scientific, 
technical, and human resources at the departmental laboratories to 
support the national goal of improving the quality of science, 
mathematics, and engineering education in the United States.

SEC. 5. EVALUATION.

    The Secretary shall, for each departmental laboratory--
            (1) assign a mission or missions consistent with section 
        4(a) and (b);
            (2) establish goals in each mission area against which the 
        performance of the departmental laboratory will be evaluated;
            (3) develop a technology transfer plan with specific 
        objectives for collaborative efforts between the laboratory and 
        private industry, State or local governments, universities, or 
        nonprofit organizations in order to coordinate, direct, and 
        enhance the impact of such collaborations, based on the core 
        intellectual and technical competencies of the laboratory;
            (4) ensure that for each new technology transfer project 
        and for each ongoing technology transfer project, technical 
        milestones, an estimate of the duration of the project, and an 
        estimate of the total cost of the project are established;
            (5) regularly assess the degree to which goals and 
        objectives established pursuant to paragraphs (2) and (3) have 
        been achieved, in terms of performance, impact, or 
        accomplishments, employing evaluative procedures and methods 
        specific and appropriate to each mission area; and
            (6) include in the Secretary's annual report to Congress 
        required under section 657 of the Department of Energy 
        Organization Act--
                    (A) a statement of missions and goals for the 
                departmental laboratory assigned or established 
                pursuant to paragraphs (1) and (2);
                    (B) an explanation for any proposed modifications 
                in the mission or missions for the departmental 
                laboratory;
                    (C) the technology transfer plan required under 
                paragraph (3);
                    (D) for any technology transfer project involving a 
                Federal commitment of $500,000 or more--
                            (i) the technical and financial data called 
                        for in paragraph (4); and
                            (ii) technical and financial variances from 
                        the original estimates as called for in 
                        paragraph (4); and
                    (E) the assessment required under paragraph (5), 
                along with a statement of any planned, ongoing, or 
                completed actions based on this assessment.

SEC. 6. REPORT ON FUTURE USE OF DEPARTMENTAL LABORATORIES.

    (a) Requirement.--The Secretary, in coordination with the Secretary 
of Defense and other appropriate Federal officers, shall submit to 
Congress within 6 months after the date of enactment of this Act, a 
report on the future use of the departmental laboratories.
    (b) Alternatives.--Such report shall identify and examine the costs 
and benefits of alternatives to the current mission assignments, 
budgets, and management structures of the departmental laboratories. 
The alternatives examined should be those which seek to enhance the 
laboratories' contribution to United States basic science or economic 
competitiveness while maintaining the laboratories' abilities to 
perform their assigned missions.
    (c) Preservation of Nuclear Weapons Competencies.--Such report 
shall identify and examine ways to ensure that the Nation preserves the 
core intellectual and technical competencies of the United States in 
nuclear weapons, including weapons design, system integration, 
manufacturing, security, use control, reliability assessment, and 
certification, and shall include an identification of any existing or 
anticipated deficiencies in retaining trained personnel in such areas.
    (d) Cost Reduction Options.--Such report shall identify and examine 
options for reducing the cost of the Department's nuclear weapons 
research, development, engineering, and test-related programs by 
eliminating any unnecessary redundancies between the departmental 
defense laboratories, including options that maintain a process of peer 
review by more than one laboratory for nuclear weapons design 
activities and options that eliminate such review process. The report 
should assess feasibility, costs, and risks for each identified option. 
Costs to be identified and examined should include both cost savings 
due to consolidation and conversion costs, including an assessment of 
work force retraining and environmental cleanup.

SEC. 7. INDUSTRIAL ADVICE.

    (a) Advice to Secretary.--The Secretary shall seek advice from 
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, and may establish 
within the Department an 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.
    (b) Advice to Departmental Laboratory Directors.--The director of 
each departmental laboratory shall seek advice from 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, and may establish an advisory 
group, to assist such director in--
            (1) integrating technology transfer considerations into the 
        planning and performance evaluation of laboratory research and 
        development activities;
            (2) evaluating new initiatives proposed by the departmental 
        laboratory and identifying opportunities for collaborative 
        efforts with United States industry based on those initiatives; 
        and
            (3) evaluating the long-term direction of ongoing programs 
        at the departmental laboratory from the perspective of United 
        States industry.
    (c) Use of Existing Boards.--The Secretary or the director of a 
departmental laboratory may utilize existing advisory boards to achieve 
the purposes of this section.

SEC. 8. AMENDMENTS TO STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 
              1980.

    Section 12 of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3710a) is amended--
            (1) in subsection (a), by inserting after paragraph (2) the 
        following:
``The head of any agency using the authority given it under paragraph 
(1) to enter into cooperative research and development agreements shall 
make all reasonable efforts to expedite the negotiation, processing, 
and approval of such agreements.''; and
            (2) in subsection (c)(5)--
                    (A) 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.'';
                    (B) by striking clauses (ii), (iv), and (vi) of 
                subparagraph (C);
                    (C) by redesignating clauses (iii) and (v) as 
                clauses (ii) and (iv), respectively;
                    (D) 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 appropriate reviews of the work performed within such 
cooperative research and development agreement to determine whether 
such agreements are meeting established milestones, require 
modification, or warrant termination.'';
                    (E) in subparagraph (C)(iv), as so redesignated by 
                subparagraph (C) of this paragraph--
                            (i) by striking ``under clause (iv) 
                        within'' and inserting in lieu thereof ``of a 
                        cooperative research and development agreement 
                        under clause (i) within'';
                            (ii) by striking ``successive 30-day 
                        period'' and inserting in lieu thereof 
                        ``successive 10-day period''; and
                            (iii) by striking ``under clause (iv).'' 
                        and inserting in lieu thereof ``under clause 
                        (i).'';
                    (F) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (G) 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, whenever that activity is consistent 
with and furthers an assigned mission of the laboratory, 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, upon request, provide the Federal agency 
with an explanation of how the agreement will complement and contribute 
to the laboratory's missions and activities.''.

SEC. 9. NATIONAL TECHNOLOGY PARTNERSHIP AWARD.

    (a) Establishment.--The Secretary is authorized to establish a 
National Technology Partnership Award for presentation to private 
sector or Federal Government organizations or individuals which 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.
    (b) Funding.--The Secretary is authorized to seek and accept gifts 
from public and private sources to carry out a program to administer 
the National Technology Partnership Award.

SEC. 10. FEDERAL LABORATORY MISSION EVALUATION AND COORDINATION.

    The President, through the National Science and Technology Council, 
shall--
            (1) review on an ongoing basis the missions of, activities 
        conducted at, and scientific, technical, and human resources 
        at, Federal laboratories, with the goals of--
                    (A) improving the efficiency and effectiveness of 
                the overall Federal laboratory system; and
                    (B) ensuring that research and development 
                conducted at Federal laboratories is coordinated to 
                maximize its contribution to United States economic 
                growth, environmental protection, national security, 
                expansion of human knowledge, and other important 
                national goals;
            (2) develop and ensure the implementation of a process for 
        assigning missions to the Federal 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) develop guidelines governing the application of 
        intellectual property law for technology transfer activities at 
        Federal laboratories;
            (5) determine on an ongoing basis whether specific Federal 
        laboratories should be realigned, consolidated, closed, or 
        otherwise altered in order to meet the goals stated in 
        paragraph (1);
            (6) review the process by which the Federal Government 
        enters into cooperative research and development agreements 
        with companies that are not United States-owned companies (as 
        defined in section 28(j)(2) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278n(j)(2))); and
            (7) prepare, and submit to the Congress within 1 year after 
        the date of enactment of this Act, a plan for carrying out this 
        section.

SEC. 11. POLICY ON CAPITAL PROJECTS AND CONSTRUCTION.

    (a) Requirement of Prior Authorization.--(1) No funds are 
authorized to be appropriated to the Secretary for any substantial 
construction project, substantial equipment acquisition, or major 
construction project unless a report on such project or acquisition has 
been provided to Congress in accordance with subsection (b).
    (2) The Secretary may not obligate any funds for any substantial 
construction project, substantial equipment acquisition, or major 
construction project unless such project or acquisition has been 
specifically authorized by statute.
    (3) This subsection may not be amended or modified except by 
specific reference to this subsection.
    (b) Reports to Congress.--(1) Within 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report that identifies all construction projects and acquisitions of 
the Department of Energy described in subsection (a) for which the 
preliminary design phase is completed but the construction or 
acquisition is not completed. Such report shall include--
            (A) an estimate of the total cost of completion of the 
        construction project or acquisition, itemized by individual 
        activity and by fiscal year; and
            (B) an identification of which construction projects or 
        acquisitions have not been specifically authorized by statute.
The Secretary shall annually update and resubmit the report required by 
this paragraph, as part of the report required under section 15 of the 
Federal Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5914).
    (2) The Secretary shall, after completion of the preliminary design 
phase of a major construction project, submit to the Congress a report 
containing--
            (A) an estimate of the total cost of construction of the 
        facility;
            (B) an estimate of the time required to complete 
        construction;
            (C) an estimate of the annual operating costs of the 
        facility;
            (D) the intended useful operating life of the facility; and
            (E) an identification of any existing facilities to be 
        closed as a result of the operation of the facility.
    (c) Definitions.--For purposes of this section--
            (1) the term ``major construction project'' means a 
        nonmilitary research and development project whose construction 
        costs are estimated to exceed $100,000,000 over the life of the 
        project;
            (2) the term ``substantial construction project'' means a 
        nonmilitary research and development project whose construction 
        costs are estimated to exceed $10,000,000, but not to exceed 
        $100,000,000, over the life of the project; and
            (3) the term ``substantial equipment acquisition'' means 
        the acquisition of nonmilitary research and development 
        equipment at a cost estimated to exceed $10,000,000 for the 
        entire acquisition.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy Laboratory 
Technology Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the Department of Energy maintains an extensive system 
        of laboratories which represent a national resource, comprised 
        of a dedicated, multi-disciplinary work force of scientists and 
        engineers, sophisticated scientific instrumentation, and unique 
        research facilities;
            (2) the end of the Cold War has significantly reduced the 
        Nation's requirements for nuclear weapons systems development 
        and production, but the departmental laboratories retain a 
        vital national security mission to maintain the Nation's 
        confidence in the safety, security, and reliability of the 
        nuclear stockpile and to support verification of arms control 
        agreements, dismantlement of weapons, nonproliferation and 
        counterproliferation efforts, intelligence requirements, work 
        for the Department of Defense, and other national security 
        requirements;
            (3) the United States faces serious national security, 
        energy, economic, and environmental challenges toward which the 
        resources of departmental laboratories could be applied in a 
        more concerted fashion;
            (4) in order to contribute to United States economic 
        competitiveness and maintain the core competencies required to 
        meet national security requirements, departmental laboratories 
        will need to cooperate with industry, State and local 
        governments, universities, and nonprofit organizations on a 
        broader scale;
            (5) the legislative and bureaucratic frameworks for 
        cooperative efforts between departmental laboratories and 
        industry, State and local governments, universities, and 
        nonprofit organizations should be streamlined to facilitate 
        partnerships;
            (6) departmental laboratories' interaction with industry 
        goes beyond the movement of technologies developed at the 
        laboratories to industry, State and local governments, 
        universities, and nonprofit organizations; it has included and 
        should continue to include a two-way flow of ideas, people, 
        knowledge, and intellectual property, whereby partnerships 
        provide benefits to the laboratory as well as to the 
        nonlaboratory partners;
            (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, direction, and the basis for 
        performance evaluation;
            (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 and evaluated to the maximum extent practicable in 
        order to ensure that they are meeting their intended objectives 
        and that they complement and do not duplicate or conflict with 
        existing capabilities in the private sector; and
            (9) the National Science and Technology Council, which is 
        chaired by the President, is responsible for coordinating the 
        science and technology policy making process and for 
        integrating the President's science and technology policy 
        agenda across the Federal Government, and should serve to 
        coordinate activities at the Federal laboratories and to ensure 
        the implementation of measures for performance evaluation for 
        such activities.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Department'' means the Department of Energy;
            (2) the term ``departmental laboratory'' means a Federal 
        laboratory, or any other laboratory or facility designated by 
        the Secretary, operated by or on behalf of the Department;
            (3) the term ``departmental defense laboratories'' means 
        the Lawrence Livermore National Laboratory, the Los Alamos 
        National Laboratory, and the Sandia National Laboratories;
            (4) the term ``Federal laboratory'' has the meaning given 
        the term ``laboratory'' in section 12(d)(2) of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(2));
            (5) the term ``generic, precompetitive'' means having broad 
        market potential but not yet associated with specific 
        marketable products or product lines;
            (6) the term ``mission'' means a clear statement of purpose 
        to focus research and development activity at a Federal 
        laboratory on specified objectives;
            (7) the term ``Secretary'' means the Secretary of Energy; 
        and
            (8) the term ``technology transfer'' means--
                    (A) any collaborative effort involving a Federal 
                laboratory and private industry, State or local 
                governments, universities, or nonprofit organizations, 
                whose goal is--
                            (i) to enhance the potential use by private 
                        industry, State or local governments, 
                        universities, or nonprofit organizations, of 
                        research and development sponsored by the 
                        Federal Government; or
                            (ii) to jointly develop new scientific or 
                        technical information or generic, 
                        precompetitive technology; or
                    (B) 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, 
                universities, or nonprofit organizations.

SEC. 4. MISSIONS OF DEPARTMENTAL LABORATORIES.

    (a) General Authority.--The Department is authorized to maintain 
departmental laboratories for the purpose of advancing the following 
missions:
            (1) To maintain national security, as follows:
                    (A) To provide for the Nation's nuclear weapons 
                requirements, to be stewards of the Nation's nuclear 
                weapons stockpile, and to meet other national security 
                requirements as determined by the President, including 
                the advancement of science and technology for national 
                security purposes.
                    (B) To reduce the threat of nuclear war, by 
                assisting with the dismantlement of nuclear weapons, 
                working to curb the proliferation of weapons of mass 
                destruction, supporting efforts to counter the 
                proliferation of weapons of mass destruction and their 
                delivery systems, and conducting research on and the 
                development of technologies needed for the effective 
                verification of international arms control agreements, 
                including prospective international arms control 
                agreements.
            (2) To ensure the Nation's energy supply and to reduce the 
        Nation's reliance on imported and nonrenewable energy sources 
        through research and development on technologies that enhance 
        energy supply and improve the efficiency of energy end uses 
        with the goal of providing energy services at the lowest total 
        cost to the Nation, including environmental costs.
            (3) To conduct basic research in energy-related science and 
        technology and in the fundamental understanding of matter, 
        including construction and operation of unique scientific 
        instruments and facilities for use by the Federal Government, 
        academia, industry, and other appropriate non-Federal 
        institutions.
            (4) To carry out research and development for the purpose 
        of minimizing the environmental impacts of the production and 
        use of energy and materials, including missions as follows:
                    (A) To develop generic, precompetitive technologies 
                aimed at reducing the generation of hazardous or 
                nonhazardous waste or pollution, or reducing the 
                consumption of energy or materials, while contributing 
                to sustainable United States economic growth.
                    (B) To develop technologies and techniques for the 
                safe disposal of hazardous waste or radioactive waste 
                in order to accelerate the schedule of, and reduce the 
                total cost of, cleaning up the hazardous waste sites 
                associated with nuclear weapons production and other 
                programs funded by the Department.
    (b) Additional Missions.--The Department is authorized to pursue 
additional missions at departmental laboratories beyond those 
identified in subsection (a) only--
            (1) if such missions are assigned to the Department by the 
        President, and only to the extent that--
                    (A) such laboratories possess 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); and
                    (C) involvement in such additional mission 
                activities is coordinated with any other Federal agency 
                or agencies which carry out such mission activities, as 
                appropriate; or
            (2) if such missions have been established by statute 
        enacted before the date of enactment of this Act, and do not 
        conflict with the missions established under this section.
    (c) Technology Transfer.--(1)(A) Except as provided in subparagraph 
(B), the Department is authorized to use program funds at the 
departmental laboratories for technology transfer activities, whenever 
those activities are consistent with and further an assigned mission of 
the departmental laboratory and consistent with the requirements of the 
Federal Technology Transfer Act of 1986. No Federal funds may be 
provided to, transfered to, or used by non-Federal entities for this 
purpose.
    (B) Not more than 20 percent of funds made available to the 
Department in any fiscal year for weapons activities for research and 
development may be set aside for the technology transfer initiative 
described in the President's budget for weapons activities for that 
fiscal year.
    (2) The Secretary shall--
            (A) work with all Assistant 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;
            (B) 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, 
        universities, or nonprofit organizations;
            (C) oversee the management and allocation of Department 
        funding for technology transfer activities to ensure that such 
        funding is available to all departmental laboratories without 
        distinction as to whether the laboratory is involved in defense 
        or nondefense activities; and
            (D) ensure, to the maximum extent practicable, that 
        activities of the departmental laboratories complement and do 
        not duplicate or conflict with existing capabilities in the 
        private sector.
    (3) Funds authorized to be appropriated to the Department of Energy 
and made available for laboratory-directed research and development 
shall be available for advancing generic, precompetitive research and 
development activities at the departmental laboratory to the point of 
providing the potential basis for technology transfer, and shall be 
available for research on highly innovative technologies including 
those based on yet unproven scientific theory.
    (d) Education.--The Department is authorized to use scientific, 
technical, and human resources at the departmental laboratories to 
support the national goal of improving the quality of science, 
mathematics, and engineering education in the United States.

SEC. 5. EVALUATION.

    The Secretary shall, for each departmental laboratory--
            (1) assign a mission or missions consistent with section 
        4(a) and (b);
            (2) establish goals in each mission area against which the 
        performance of the departmental laboratory will be evaluated;
            (3) develop a technology transfer plan with specific 
        objectives for collaborative efforts between the laboratory and 
        private industry, State or local governments, universities, or 
        nonprofit organizations in order to coordinate, direct, and 
        enhance the impact of such collaborations, based on the core 
        intellectual and technical competencies of the laboratory;
            (4) ensure that for each new technology transfer project 
        and for each ongoing technology transfer project, technical 
        milestones, an estimate of the duration of the project, and an 
        estimate of the total cost of the project are established;
            (5) regularly assess the degree to which goals and 
        objectives established pursuant to paragraphs (2) and (3) have 
        been achieved, in terms of performance, impact, or 
        accomplishments, employing evaluative procedures and methods 
        specific and appropriate to each mission area; and
            (6) include in the Secretary's annual report to Congress 
        required under section 657 of the Department of Energy 
        Organization Act--
                    (A) a statement of missions and goals for the 
                departmental laboratory assigned or established 
                pursuant to paragraphs (1) and (2);
                    (B) an explanation for any proposed modifications 
                in the mission or missions for the departmental 
                laboratory;
                    (C) the technology transfer plan required under 
                paragraph (3);
                    (D) for any technology transfer project involving a 
                Federal commitment of $500,000 or more--
                            (i) the technical and financial data called 
                        for in paragraph (4); and
                            (ii) technical and financial variances from 
                        the original estimates as called for in 
                        paragraph (4); and.
                    (E) the assessment required under paragraph (5), 
                along with a statement of any planned, ongoing, or 
                completed actions based on this assessment.

SEC. 6. REPORT ON FUTURE USE OF DEPARTMENTAL LABORATORIES.

    (a) Requirement.--The Secretary, in coordination with the Secretary 
of Defense and other appropriate Federal officers, shall submit to 
Congress within 6 months after the date of enactment of this Act, a 
report on the future use of the departmental laboratories.
    (b) Alternatives.--Such report shall identify and examine the costs 
and benefits of alternatives to the current mission assignments, 
budgets, and management structures of the departmental laboratories. 
The alternatives examined should be those which seek to enhance the 
laboratories' contribution to United States basic science or economic 
competitiveness while maintaining the laboratories' abilities to 
perform their assigned missions.
    (c) Preservation of Nuclear Weapons Competencies.--Such report 
shall identify and examine ways to ensure that the Nation preserves the 
core intellectual and technical competencies of the United States in 
nuclear weapons, including weapons design, system integration, 
manufacturing, security, use control, reliability assessment, and 
certification, and shall include an identification of any existing or 
anticipated deficiencies in retaining trained personnel in such areas.
    (d) Cost Reduction Options.--Such report shall identify and examine 
options for reducing the cost of the Department's nuclear weapons 
research, development, engineering, and test-related programs by 
eliminating any unnecessary redundancies between the departmental 
defense laboratories, including options that maintain a process of peer 
review by more than one laboratory for nuclear weapons design 
activities and options that eliminate such review process. The report 
should assess feasibility, costs, and risks for each identified option. 
Costs to be identified and examined should include both cost savings 
due to consolidation and conversion costs, including an assessment of 
work force retraining and environmental cleanup.

SEC. 7. INDUSTRIAL ADVICE.

    (a) Advice to Secretary.--The Secretary shall seek advice from 
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, and may establish 
within the Department an 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.
    (b) Advice to Departmental Laboratory Directors.--The director of 
each departmental laboratory shall seek advice from 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, and may establish an advisory 
group, to assist such director in--
            (1) integrating technology transfer considerations into the 
        planning and performance evaluation of laboratory research and 
        development activities;
            (2) evaluating new initiatives proposed by the departmental 
        laboratory and identifying opportunities for collaborative 
        efforts with United States industry based on those initiatives; 
        and
            (3) evaluating the long-term direction of ongoing programs 
        at the departmental laboratory from the perspective of United 
        States industry.
    (c) Use of Existing Boards.--The Secretary or the director of a 
departmental laboratory may utilize existing advisory boards to achieve 
the purposes of this section.

SEC. 8. AMENDMENTS TO STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 
              1980.

    Section 12 of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3710a) is amended--
            (1) in subsection (a), by inserting after paragraph (2) the 
        following:
``The head of any agency using the authority given it under paragraph 
(1) to enter into cooperative research and development agreements shall 
make all reasonable efforts to expedite the negotiation, processing, 
and approval of such agreements.''; and
            (2) in subsection (c)(5)--
                    (A) 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.'';
                    (B) by striking clauses (ii), (iv), and (vi) of 
                subparagraph (C);
                    (C) by redesignating clauses (iii) and (v) as 
                clauses (ii) and (iv), respectively;
                    (D) 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 appropriate reviews of the work performed within such 
cooperative research and development agreement to determine whether 
such agreements are meeting established milestones, require 
modification, or warrant termination.'';
                    (E) in subparagraph (C)(iv), as so redesignated by 
                subparagraph (C) of this paragraph--
                            (i) by striking ``under clause (iv) 
                        within'' and inserting in lieu thereof ``of a 
                        cooperative research and development agreement 
                        under clause (i) within'';
                            (ii) by striking ``successive 30-day 
                        period'' and inserting in lieu thereof 
                        ``successive 10-day period''; and
                            (iii) by striking ``under clause (iv).'' 
                        and inserting in lieu thereof ``under clause 
                        (i).'';
                    (F) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (G) 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 $1,000,000 or less, whenever that activity is consistent 
with and furthers an assigned mission of the laboratory, 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, upon request, provide the Federal agency 
with an explanation of how the agreement will complement and contribute 
to the laboratory's missions and activities.''.

SEC. 9. NATIONAL TECHNOLOGY PARTNERSHIP AWARD.

    (a) Establishment.--The Secretary is authorized to establish a 
National Technology Partnership Award for presentation to private 
sector or Federal Government organizations or individuals which 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.
    (b) Funding.--The Secretary is authorized to seek and accept gifts 
from public and private sources to carry out a program to administer 
the National Technology Partnership Award.

SEC. 10. FEDERAL LABORATORY MISSION EVALUATION AND COORDINATION.

    The President, through the National Science and Technology Council, 
shall--
            (1) review on an ongoing basis the missions of, activities 
        conducted at, and scientific, technical, and human resources 
        at, Federal laboratories, with the goals of--
                    (A) improving the efficiency and effectiveness of 
                the overall Federal laboratory system; and
                    (B) ensuring that research and development 
                conducted at Federal laboratories is coordinated to 
                maximize its contribution to United States economic 
                growth, environmental protection, national security, 
                expansion of human knowledge, and other important 
                national goals;
            (2) develop and ensure the implementation of a process for 
        assigning missions to the Federal 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) develop guidelines governing the application of 
        intellectual property law for technology transfer activities at 
        Federal laboratories;
            (5) determine on an ongoing basis whether specific Federal 
        laboratories should be realigned, consolidated, closed, or 
        otherwise altered in order to meet the goals stated in 
        paragraph (1);
            (6) review the process by which the Federal Government 
        enters into cooperative research and development agreements 
        with companies that are not United States-owned companies (as 
        defined in section 28(j)(2) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278n(j)(2))); and
            (7) prepare, and submit to the Congress within 1 year after 
        the date of enactment of this Act, a plan for carrying out this 
        section.

SEC. 11. POLICY ON CAPITAL PROJECTS AND CONSTRUCTION.

    (a) Requirement of Prior Authorization.--(1) No funds are 
authorized to be appropriated to the Secretary for any substantial 
construction project, substantial equipment acquisition, or major 
construction project unless a report on such project or acquisition has 
been provided to Congress in accordance with subsection (b).
    (2) The Secretary may not obligate any funds for any substantial 
construction project, substantial equipment acquisition, or major 
construction project unless such project or acquisition has been 
specifically authorized by statute.
    (3) This subsection may not be amended or modified except by 
specific reference to this subsection.
    (b) Reports to Congress.--(1) Within 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report that identifies all construction projects and acquisitions of 
the Department of Energy described in subsection (a) for which the 
preliminary design phase is completed but the construction or 
acquisition is not completed. Such report shall include--
            (A) an estimate of the total cost of completion of the 
        construction project or acquisition, itemized by individual 
        activity and by fiscal year; and
            (B) an identification of which construction projects or 
        acquisitions have not been specifically authorized by statute.
The Secretary shall annually update and resubmit the report required by 
this paragraph, as part of the report required under section 15 of the 
Federal Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5914).
    (2) The Secretary shall, after completion of the preliminary design 
phase of a major construction project, submit to the Congress a report 
containing--
            (A) an estimate of the total cost of construction of the 
        facility;
            (B) an estimate of the time required to complete 
        construction;
            (C) an estimate of the annual operating costs of the 
        facility;
            (D) the intended useful operating life of the facility; and
            (E) an identification of any existing facilities to be 
        closed as a result of the operation of the facility.
    (c) Definitions.--For purposes of this section--
            (1) the term ``major construction project'' means a 
        nonmilitary research and development project whose construction 
        costs are estimated to exceed $100,000,000 over the life of the 
        project;
            (2) the term ``substantial construction project'' means a 
        nonmilitary research and development project whose construction 
        costs are estimated to exceed $10,000,000, but not to exceed 
        $100,000,000, over the life of the project; and
            (3) the term ``substantial equipment acquisition'' means 
        the acquisition of nonmilitary research and development 
        equipment at a cost estimated to exceed $10,000,000 for the 
        entire acquisition.

SEC. 12. COMPETITION REQUIREMENT FOR AWARDS OF FINANCIAL ASSISTANCE.

    (a) Competition Requirement.--The Secretary may not award financial 
assistance to any person for nonmilitary research, development, or 
precommercial demonstration activities, including related facility 
construction, unless an objective merit review process is used to award 
the financial assistance.
    (b) Requirement of Specific Modification of Competition 
Provision.--
            (1) In general.--A provision of law may not be construed as 
        modifying or superseding subsection (a), or as requiring that 
        financial assistance be awarded by the Secretary in a manner 
        inconsistent with subsection (a), unless such provision of 
        law--
                    (A) specifically refers to this section;
                    (B) specifically states that such provision of law 
                modifies or supersedes subsection (a); and
                    (C) specifically identifies the person to be 
                awarded the financial assistance and states that the 
                financial assistance to be awarded pursuant to such 
                provision of law is being awarded in a manner 
                inconsistent with subsection (a).
            (2) Notice and wait requirement.--No financial assistance 
        may be awarded pursuant to a provision of law that requires or 
        authorizes the award of the financial assistance in a manner 
        inconsistent with subsection (a) until--
                    (A) the Secretary submits to the Congress a written 
                notice of the Secretary's intent to award the financial 
                assistance; and
                    (B) 180 days has elapsed after the date on which 
                the notice is received by the Congress.
    (c) Definitions.--For purposes of this section:
            (1) The term ``objective merit review process'' means a 
        thorough, consistent, and independent examination of requests 
        for financial assistance based on pre-established criteria and 
        scientific and technical merit by persons knowledgeable in the 
        field for which the financial assistance is requested.
            (2) The term ``financial assistance'' means the transfer of 
        funds or property to a recipient or subrecipient to accomplish 
        a public purpose of support or stimulation authorized by 
        Federal law. Such term includes grants, cooperative agreements, 
        and subawards but does not include cooperative research and 
        development agreements as defined in subsection 12(d)(1) of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(1)).
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