[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 473 Public Print (PP)]

103d CONGRESS

  2d Session

                                 S. 473

_______________________________________________________________________

                                 AN ACT

 To promote the industrial competitiveness and economic growth of the 
United States by strengthening the linkages between the laboratories of 
 the Department of Energy and the private sector and by supporting the 
 development and application of technologies critical to the economic, 
scientific and technological competitiveness of the United States, and 
                          for other purposes.

_______________________________________________________________________

              March 8 (legislative day, February 22), 1994

                    Ordered to be printed as passed
              March 8 (legislative day, February 22), 1994

                    Ordered to be printed as passed

    
    
    
    
    
103d CONGRESS
  1st Session
                                 S. 473

_______________________________________________________________________

                                 AN ACT


 
 To promote the industrial competitiveness and economic growth of the 
United States by strengthening the linkages between the laboratories of 
 the Department of Energy and the private sector and by supporting the 
 development and application of technologies critical to the economic, 
scientific and technological competitiveness of the United States, 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 National 
Competitiveness Technology Partnership Act of 1993''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the term--
            (1) ``Department'' means the United States Department of 
        Energy; and
            (2) ``Secretary'' means the Secretary of the United States 
        Department of Energy.

SEC. 3. COMPETITIVENESS AMENDMENT TO THE DEPARTMENT OF ENERGY 
              ORGANIZATION ACT.

    (a) The Department of Energy Organization Act is amended by adding 
the following new title (42 U.S.C. 7101 et seq.):

                  ``TITLE XI--TECHNOLOGY PARTNERSHIPS

``SEC. 1101. FINDINGS, PURPOSES AND DEFINITIONS.

    ``(a) Findings.--For purposes of this title, Congress finds that--
            ``(1) the Department has scientific and technical resources 
        within the departmental laboratories in many areas of 
        importance to the economic, scientific and technological 
        competitiveness of United States industry;
            ``(2) the extensive scientific and technical investment in 
        people, facilities and equipment in the departmental 
        laboratories can contribute to the achievement of national 
        technology goals in areas such as the environment, health, 
        space, and transportation;
            ``(3) the Department has pursued aggressively the transfer 
        of technology from departmental laboratories to the private 
        sector; however, the capabilities of the laboratories could be 
        made more fully accessible to United States industry and to 
        other Federal agencies;
            ``(4) technology development has been increasingly driven 
        by the commercial marketplace, and the private sector has 
        research and development capabilities in a broad range of 
        generic technologies;
            ``(5) the Department and the departmental laboratories 
        would benefit, in carrying out their missions, from 
        collaboration and partnership with United States industry and 
        other Federal agencies; and
            ``(6) partnerships between the departmental laboratories 
        and United States industry can provide significant benefits to 
        the Nation as a whole, including creation of jobs for United 
        States workers and improvement of the competitive position of 
        the United States in key sectors of the economy such as 
        aerospace, automotive, chemical and electronics.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to promote partnerships among the Department, the 
        departmental laboratories and the private sector;
            ``(2) to establish a goal for the amount of departmental 
        laboratory resources to be committed to partnerships;
            ``(3) to ensure that the Department and the departmental 
        laboratories play an appropriate role, consistent with the core 
        competencies of the laboratories, in implementing the 
        President's critical technology strategies;
            ``(4) to provide additional authority to the Secretary to 
        enter into partnerships with the private sector to carry out 
        research, development, demonstration and commercial application 
        activities;
            ``(5) to streamline the approval process for cooperative 
        research and development agreements proposed by the 
        departmental laboratories; and
            ``(6) to facilitate greater cooperation between the 
        Department and other Federal agencies as part of an integrated 
        national effort to improve United States competitiveness.
    ``(c) Definitions.--For purposes of this title, the term--
            ``(1) `cooperative research and development agreement' has 
        the meaning given that term in section 12 of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(1));
            ``(2) `core competency' means an area in which the 
        Secretary determines a departmental laboratory has developed 
        expertise and demonstrated capabilities;
            ``(3) `critical technology' means a technology identified 
        in the Report of the National Critical Technologies Panel;
            ``(4) `departmental laboratory' means a facility operated 
        by or on behalf of the Department that would be considered a 
        laboratory as that term is defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(2)) or any other laboratory or facility designated by 
        the Secretary;
            ``(5) `disadvantaged' has the same meaning as that term has 
        in section 8(a) (5) and (6) of the Small Business Act (15 
        U.S.C. 637(a) (5) and (6));
            ``(6) `dual-use technology' means a technology that has 
        military and commercial applications;
            ``(7) `educational institution' means a college, 
        university, or elementary or secondary school, including any 
        not-for-profit organization dedicated to education that would 
        be exempt under section 501(a) of the Internal Revenue Code of 
        1986;
            ``(8) `minority college or university' means a historically 
        Black college or university that would be considered a `part B 
        institution' by section 322(2) of the Higher Education Act of 
        1965 (20 U.S.C. 1061(2)) or a `minority institution' as that 
        term is defined in section 1046 of the Higher Education Act of 
        1965 (20 U.S.C. 1135d-5(3)).
            ``(9) `multi-program departmental laboratory' means any of 
        the following: Argonne National Laboratory, Brookhaven National 
        Laboratory, Idaho Nation Engineering Laboratory, Lawrence 
        Berkeley Laboratory, Lawrence Livermore National Laboratory, 
        Los Alamos National Laboratory, National Renewable Energy 
        Laboratory, Oak Ridge National Laboratory, Pacific Northwest 
        Laboratory, and Sandia National Laboratories;
            ``(10) `partnership' means any arrangement under which the 
        Secretary or one or more departmental laboratories undertakes 
        research, development, demonstration, commercial application or 
        technical assistance activities in cooperation with one or more 
        non-Federal partners and which may include partners from other 
        Federal agencies;
            ``(11) `Report of the National Critical Technologies Panel' 
        means the biennial report on national critical technologies 
        submitted to Congress by the President pursuant to section 
        603(d) of the National Science and Technology Policy, 
        Organization, and Priorities Act of 1976 (42 U.S.C. 6683(d)); 
        and
            ``(12) `small business' means a business concern that meets 
        the applicable standards prescribed pursuant to section 3(a) of 
        the Small Business Act (15 U.S.C. 632(a)).

``SEC. 1102. GENERAL AUTHORITY.

    ``(a)(1) In carrying out the missions of the Department, the 
Secretary and the departmental laboratories may conduct research, 
development, demonstration or commercial application activities that 
build on the core competencies of the departmental laboratories.
    ``(2) In addition to missions established pursuant to other laws, 
the Secretary may assign to departmental laboratories any of the 
following missions:
            ``(A) National security, including the--
                    ``(i) advancement of the military application of 
                atomic energy;
                    ``(ii) support of the production of atomic weapons, 
                or atomic weapons parts, including special nuclear 
                materials;
                    ``(iii) support of naval nuclear propulsion 
                programs;
                    ``(iv) support for the dismantlement of atomic 
                weapons and the safe storage, transportation and 
                disposal of special nuclear materials;
                    ``(v) development of technologies and techniques 
                for the safe storage, processing, treatment, 
                transportation, and disposal of hazardous waste 
                (including radioactive waste) resulting from nuclear 
                materials production, weapons production and 
                surveillance programs, and naval nuclear propulsion 
                programs and of technologies and techniques for the 
                reduction of environmental hazards and contamination 
                due to such waste and the environmental restoration of 
                sites affected by such waste;
                    ``(vi) development of technologies and techniques 
                needed for the effective negotiation and verification 
                of international arms control agreements and for the 
                containment of the proliferation of nuclear, chemical, 
                and biological weapons and delivery vehicles of such 
                weapons; and
                    ``(vii) protection of health and promotion of 
                safety in carrying out other national security 
                missions.
            ``(B) Energy-related science and technology, including 
        the--
                    ``(i) enhancement of the nation's understanding of 
                all forms of energy production and use;
                    ``(ii) support of basic and applied research on the 
                fundamental nature of matter and energy, including 
                construction and operation of unique scientific 
                instruments;
                    ``(iii) development of energy resources, including 
                solar, geothermal, fossil, and nuclear energy 
                resources, and related fuel cycles;
                    ``(iv) pursuit of a comprehensive program of 
                research and development on the environmental effects 
                of energy technologies and programs;
                    ``(v) development of technologies and processes to 
                reduce the generation of waste or pollution or the 
                consumption of energy or materials;
                    ``(vi) development of technologies and techniques 
                for the safe storage, processing, treatment, 
                management, transportation and disposal of nuclear 
                waste resulting from commercial nuclear activities; and
                    ``(vii) improvement of the quality of education in 
                science, mathematics, and engineering.
            ``(C) Technology transfer.
    ``(3)(A) In addition to the missions identified in subsection 
(a)(2), the Departmental laboratories may pursue supporting missions to 
the extent that these supporting missions--
            ``(i) support the technology policies of the President;
            ``(ii) are developed in consultation with and coordinated 
        with any other Federal agency or agencies that carry out such 
        mission activities;
            ``(iii) are built upon the competencies developed in 
        carrying out the primary missions identified in subsection 
        (a)(2) and do not interfere with the pursuit of the missions 
        identified in subsection (a)(2); and
            ``(iv) are carried out through a process that solicits the 
        views of United States industry and other appropriate parties.
    ``(B) These supporting missions shall include activities in the 
following areas:
            ``(i) developing and operating high-performance computing 
        and communications systems, with the goals of contributing to a 
        national information infrastructure and addressing complex 
        scientific and industrial challenges which require large-scale 
        computational capabilities;
            ``(ii) conducting research on and development of advanced 
        manufacturing systems and technologies, with the goal of 
        assisting the private sector in improving the productivity, 
        quality, energy efficiency, and control of manufacturing 
        processes;
            ``(iii) conducting research on and development of advanced 
        materials, with the goals of increasing energy efficiency, 
        environmental protection, and improved industrial performance.
    ``(4) In carrying out the Department's missions, the Secretary, and 
the directors of the departmental laboratories, shall, to the maximum 
extent practicable, make use of partnerships. Such partnerships shall 
be for purposes of the following:
            ``(A) to lead to the development of technologies that the 
        private sector can commercialize in areas of technology with 
        broad application important to United States technological and 
        economic competitiveness;
            ``(B) to provide Federal support in areas of technology 
        where the cost or risk is too high for the private sector to 
        support alone but that offer a potentially high payoff to the 
        United States;
            ``(C) to contribute to the education and training of 
        scientists and engineers;
            ``(D) to provide university and private researchers access 
        to departmental laboratory facilities; or
            ``(E) to provide technical expertise to universities, 
        industry or other Federal agencies.
    ``(b) The Secretary, in carrying out partnerships, may enter into 
agreements using instruments authorized under applicable laws, 
including but not limited to contracts, cooperative research and 
development agreements, work for other agreements, user-facility 
agreements, cooperative agreements, grants, personnel exchange 
agreements and patent and software licenses with any person, any agency 
or instrumentality of the United States, any State or local 
governmental entity, any educational institution, and any other entity, 
private sector or otherwise.
    ``(c) The Secretary, and the directors of the departmental 
laboratories, shall utilize partnerships with United States industry, 
to the maximum extent practicable, to ensure that technologies 
developed in pursuit of the Department's missions are applied and 
commercialized in a timely manner.
    ``(d) The Secretary shall work with other Federal agencies to carry 
out research, development, demonstration or commercial application 
activities where the core competencies of the departmental laboratories 
could contribute to the missions of such other agencies.

``SEC. 1103. ESTABLISHMENT OF GOAL FOR PARTNERSHIPS BETWEEN 
              DEPARTMENTAL LABORATORIES AND UNITED STATES INDUSTRY.

    ``(a) Beginning in fiscal year 1994, the Secretary shall establish 
a goal to allocate to cost-shared partnerships with United States 
industry not less than 20 percent of the annual funds provided by the 
Secretary to each multi-program departmental laboratory for research, 
development, demonstration and commercial application activities.
    ``(b) Beginning in fiscal year 1994, the Secretary shall establish 
an appropriate goal for the amount of resources to be committed to 
cost-shared partnerships with United States industry at other 
departmental laboratories.

``SEC. 1104. ROLE OF THE DEPARTMENT IN THE DEVELOPMENT OF CRITICAL 
              TECHNOLOGY STRATEGIES.

    ``(a) The Secretary shall develop a multiyear critical technology 
strategy for research, development, demonstration and commercial 
application activities supported by the Department for the critical 
technologies listed in the Report of the National Critical Technologies 
Panel.
    ``(b) In developing such strategy, the Secretary shall--
            ``(1) identify the core competencies of each departmental 
        laboratory;
            ``(2) develop goals and objectives for the appropriate role 
        of the Department in each of the critical technologies listed 
        in the report, taking into consideration the core competencies 
        of the departmental laboratories;
            ``(3) consult with appropriate representatives of United 
        States industry, including members of industry associations and 
        representatives of labor organizations; and
            ``(4) participate in the executive branch process to 
        develop critical technology strategies.

``SEC. 1105. PARTNERSHIP PREFERENCES.

    ``(a) The Secretary shall ensure that the principal economic 
benefits of any partnership accrue to the United States economy.
    ``(b) Any partnership that would be given preference under section 
12(c)(4) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710a(c)(4) if it were a cooperative research and development 
agreement shall be given preference under this title.
    ``(c) The Secretary shall issue guidelines, after consultation with 
the Laboratory Partnership Advisory Board established in section 1109, 
for application of section 12(c)(4) of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a(c)(4)) and application of 
subsection (a) of this section to partnerships.
    ``(d) The Secretary shall encourage partnerships that involve 
minority colleges or universities or private sector entities owned or 
controlled by disadvantaged individuals.

``SEC. 1106. EVALUATION OF PARTNERSHIP PROGRAMS.

    ``(a) The Secretary, in consultation with the Laboratory 
Partnership Advisory Board established in section 1109, shall develop 
mechanisms for independent evaluation of the ongoing partnership 
activities of the Department and the departmental laboratories.
    ``(b)(1) The Secretary and the director of each departmental 
laboratory shall develop mechanisms for assessing the progress of each 
partnership.
    ``(2) The Secretary and the director of each departmental 
laboratory shall utilize the mechanisms developed under paragraph (1) 
to evaluate the accomplishments of each ongoing multiyear partnership 
and shall condition continued Federal participation in each partnership 
on demonstrated progress.

``SEC. 1107. ANNUAL REPORT.

    ``(a) The Secretary shall submit an annual report to Congress 
describing the ongoing partnership activities of the Secretary and each 
departmental laboratory and, to the extent practicable, the activities 
planned by the Secretary and by each departmental laboratory for the 
coming fiscal year. In developing the report, the Secretary shall seek 
the advice of the Laboratory Partnership Advisory Board established in 
section 1109.
    ``(b) The Secretary shall submit the report under subsection (a) to 
the Committees on Appropriations and Energy and Natural Resources of 
the Senate and to the appropriate Committees of the House of 
Representatives. No later than March 1, 1994, and no later than the 
first of March of each subsequent year, the Secretary shall submit the 
report under subsection (a) that covers the fiscal year beginning on 
the first of October of such year.
    ``(c) Each director of a departmental laboratory shall provide 
annually to the Secretary a report on ongoing partnership activities 
and a plan and such other information as the Secretary may reasonably 
require describing the partnership activities the director plans to 
carry out in the coming fiscal year. The director shall provide such 
report and plan in a timely manner as prescribed by the Secretary to 
permit preparation of the report under subsection (a).
    ``(d) The Secretary's description of planned activities under 
subsection (a) shall include, to the extent such information is 
available, appropriate information on--
            ``(1) the total funds to be allocated to partnership 
        activities by the Secretary and by the director of each 
        departmental laboratory;
            ``(2) a breakdown of funds to be allocated by the Secretary 
        and by the director of each departmental laboratory for 
        partnership activities by areas of technology;
            ``(3) any plans for additional funds not described in 
        paragraph (2) to be set aside for partnerships during the 
        coming fiscal year;
            ``(4) any partnership that involves a federal contribution 
        in excess of $500,000 the Secretary or the director of each 
        departmental laboratory expects to enter into in the coming 
        fiscal year;
            ``(5) the technologies that will be advanced by each 
        partnership that involves a Federal contribution in excess of 
        $500,000;
            ``(6) the types of entities that will be eligible for 
        participation in partnerships;
            ``(7) the nature of the partnership arrangements, including 
        the anticipated level of financial and in-kind contribution 
        from participants and any repayment terms;
            ``(8) the extent of use of competitive procedures in 
        selecting partnerships; and
            ``(9) such other information that the Secretary finds 
        relevant to the determination of the appropriate level of 
        Federal support for such partnerships.
    ``(e) The Secretary shall provide appropriate notice in advance to 
Congress of any partnership, which has not been described previously in 
the report required by subsection (a), that involves a Federal 
contribution in excess of $500,000.

``SEC. 1108. PARTNERSHIP PAYMENTS.

    ``(a)(1) Partnership agreements entered into by the Secretary may 
require a person or other entity to make payments to the Department, or 
any other Federal agency, as a condition for receiving support under 
the agreement.
    ``(2) The amount of any payment received by the Federal Government 
pursuant to a requirement imposed under paragraph (1) may be credited, 
to the extent authorized by the Secretary, to the account established 
under paragraph (3). Amounts so credited shall be available, subject to 
appropriations, for partnerships.
    ``(3) There is hereby established in the United States Treasury an 
account to be known as the `Department of Energy Partnership Fund'. 
Funds in such account shall be available to the Secretary for the 
support of partnerships.
    ``(b) The Secretary may advance funds under any partnership without 
regard to section 3324 of title 31 of the United States Code to--
            ``(1) small businesses;
            ``(2) not-for-profit organizations that would be exempt 
        under section 501(a) of the Internal Revenue Code of 1986; or
            ``(3) State or local governmental entities.

``SEC. 1109. LABORATORY PARTNERSHIP ADVISORY BOARD AND INDUSTRIAL 
              ADVISORY GROUPS AT MULTI-PROGRAM DEPARTMENTAL 
              LABORATORIES.

    ``(a)(1) The Secretary shall establish within the Department an 
advisory board to be known as the ``Laboratory Partnership Advisory 
Board'', to provide the Secretary with advice on the implementation of 
this title.
    ``(2) The membership of the Laboratory Partnership Advisory Board 
shall consist of persons who are qualified to provide the Secretary 
with advice on the implementation of this title. Members of the Board 
shall include representatives primarily from United States industry but 
shall also include representatives from--
            ``(A) small businesses;
            ``(B) private sector entities owned or controlled by 
        disadvantaged persons;
            ``(C) educational institutions, including representatives 
        from minority colleges or universities;
            ``(D) laboratories of other Federal agencies; and
            ``(E) professional and technical societies in the United 
        States.
    ``(3) The Laboratory Partnership Advisory Board shall request 
comment and suggestions from departmental laboratories to assist the 
Board in providing advice to the Secretary on the implementation of 
this title.
    ``(b) The director of each multiprogram departmental laboratory 
shall establish an advisory group consisting of persons from United 
States industry to--
            ``(1) evaluate new initiatives proposed by the departmental 
        laboratory;
            ``(2) identify opportunities for partnerships with United 
        States industry; and
            ``(3) evaluate ongoing programs at the departmental 
        laboratory from the perspective of United States industry.
    ``(c) Nothing in this section is intended to preclude the Secretary 
or the director of a departmental laboratory from utilizing existing 
advisory boards to achieve the purposes of this section.

``SEC. 1110. FELLOWSHIP PROGRAM.

    ``The Secretary shall encourage scientists, engineers and technical 
staff from departmental laboratories to serve as visiting fellows in 
research and manufacturing facilities of industrial organizations, 
State and local governments, and educational institutions in the United 
States and foreign countries. The Secretary may establish a formal 
fellowship program for this purpose or may authorize such activities on 
a case-by-case basis. The Secretary shall also encourage scientists and 
engineers from United States industry to serve as visiting scientists 
and engineers in the departmental laboratories.

``SEC. 1111. COOPERATION WITH STATE AND LOCAL PROGRAMS FOR TECHNOLOGY 
              DEVELOPMENT AND DISSEMINATION.

    ``The Secretary and the director of each departmental laboratory 
shall seek opportunities to coordinate their activities with programs 
of State and local governments for technology development and 
dissemination, including programs funded in part by the Secretary of 
Defense pursuant to section 2523 of title 10, of the United States 
Code, and section 2513 of title 10, of the United States Code, and 
programs funded in part by the Secretary of Commerce pursuant to 
sections 25 and 26 of the Act of March 3, 1901 (15 U.S.C. 278k and 
278l), and section 5121(b) of the Omnibus Trade and Competitiveness Act 
of 1988 (15 U.S.C. 278l note).

``SEC. 1112. AVAILABILITY OF FUNDS FOR PARTNERSHIPS.

    ``(a) All of the funds authorized to be appropriated to the 
Secretary for research, development, demonstration or commercial 
application activities, other than atomic energy defense programs, 
shall be available for partnerships to the extent such partnerships are 
consistent with the goals and objectives of such activities.
    ``(b) All of the funds authorized to be appropriated to the 
Secretary for research, development, demonstration or commercial 
application of dual-use technologies within the Department's atomic 
energy defense activities shall be available for partnerships to the 
extent such partnerships are consistent with the goals and objectives 
of such activities.
    ``(c) Funds authorized to be appropriated to the Secretary and made 
available for departmental laboratory-directed research and development 
shall be available for any partnership.

``SEC. 1113. PROTECTION OF INFORMATION.

    ``Section 12(c)(7) of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710a(c)(7)), relating to the protection of 
information, shall apply to the partnership activities undertaken by 
the Secretary and by the directors of the departmental laboratories.

``SEC. 1114. FAIRNESS OF OPPORTUNITY.

    ``(a) The Secretary and the director of each departmental 
laboratory shall institute procedures to ensure that information on 
laboratory capabilities and arrangements for participating in 
partnerships with the Secretary or the departmental laboratories is 
publicly disseminated.
    ``(b) Prior to entering into any partnership having a Federal 
contribution in excess of $5,000,000, the Secretary or director of a 
departmental laboratory shall ensure that the opportunity to 
participate in such partnership has been publicly announced to 
potential participants.
    ``(c) In cases where the Secretary or the director of a 
departmental laboratory believes a potential partnership activity would 
benefit from broad participation from the private sector, the Secretary 
or the director of such departmental laboratory may take such steps as 
may be necessary to facilitate formation of a United States industry 
consortium to pursue the partnership activity.

``SEC. 1115. PRODUCT LIABILITY.

    ``The Secretary, after consultation with the Laboratory Partnership 
Advisory Board established in section 1109, and the Attorney General 
shall enter into a memorandum of understanding establishing a 
consistent policy and standards regarding the liability of the United 
States, of the non-Federal entity operating a departmental laboratory 
and of any other party to a partnership for product liability claims 
arising from partnership activities. The Secretary and the director of 
each departmental laboratory shall, to the maximum extent practicable, 
incorporate into any partnership the policy and standards established 
in the memorandum of understanding.

``SEC. 1116. INTELLECTUAL PROPERTY.

    ``The Secretary shall, after consultation with the Laboratory 
Partnership Advisory Board established in section 1109, develop 
guidelines governing the application of intellectual property laws by 
the Secretary and by the director of each departmental laboratory in 
partnership arrangements.

``SEC. 1117. SMALL BUSINESS.

    ``(a) The Secretary shall develop simplified procedures and 
guidelines for partnerships involving small businesses to facilitate 
access to the resources and capabilities of the departmental 
laboratories.
    ``(b) Notwithstanding any other law, the Secretary may waive, in 
whole or in part, any cost-sharing requirement for a small business 
involved in a partnership if the Secretary determines that the cost-
sharing requirement would impose an undue hardship on the small 
business and would prevent the formation of the partnership.
    ``(c) Notwithstanding section 12(d) of the Stevenson-Wydler 
Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), the Secretary may 
provide funds as part of a cooperative research and development 
agreement to a small business if the Secretary determines that the 
funds are necessary to prevent imposing an undue hardship on the small 
business and necessary for the formation of the cooperative research 
and development agreement.

``SEC. 1118. MINORITY COLLEGE AND UNIVERSITY REPORT.

    ``Within one year after the date of enactment of this title, and 
annually thereafter, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the United States Senate and to the 
United States House of Representatives a report identifying 
opportunities for minority colleges and universities to participate in 
programs and activities being carried out by the Department or the 
departmental laboratories. The Secretary shall consult with 
representatives of minority colleges and universities in preparing the 
report. Such report shall--
            ``(a) describe ongoing education and training programs 
        being carried out by the Department or the departmental 
        laboratories with respect to or in conjunction with minority 
        colleges and universities in the areas of mathematics, science, 
        and engineering;
            ``(b) describe ongoing research, development demonstration 
        or commercial application activities involving the Department 
        or the departmental laboratories and minority colleges and 
        universities;
            ``(c) describe funding levels for the programs and 
        activities described in subsections (a) and (b);
            ``(d) identify ways for the Department or the departmental 
        laboratories to assist minority colleges and universities in 
        providing education and training in the fields of mathematics, 
        science, and engineering;
            ``(e) identify ways for the Department or the departmental 
        laboratories to assist minority colleges and universities in 
        entering into partnerships;
            ``(f) address the need for and potential role of the 
        Department or the departmental laboratories in providing to 
        minority colleges and universities the following:
                    ``(1) increased research opportunities for faculty 
                and students;
                    ``(2) assistance in faculty development and 
                recruitment and curriculum enhancement and development; 
                and
                    ``(3) laboratory instrumentation and equipment, 
                including computer equipment, through purchase, loan, 
                or other transfer;
            ``(g) address the need for and potential role of the 
        Department or departmental laboratories in providing funding 
        and technical assistance for the development of infrastructure 
        facilities, including buildings and laboratory facilities at 
        minority colleges and universities; and
            ``(h) make specific proposals and recommendations, together 
        with estimates of necessary funding levels, for initiatives to 
        be carried out by the Department or the departmental 
        laboratories to assist minority colleges and universities in 
        providing education and training in the areas of mathematics, 
        science, and engineering, and in entering into partnerships 
        with the Department or departmental laboratories.

``SEC. 1119. MINORITY COLLEGE AND UNIVERSITY SCHOLARSHIP PROGRAM.

    ``The Secretary shall establish a scholarship program for students 
attending minority colleges or universities and pursuing a degree in 
energy-related scientific, mathematical, engineering, and technical 
disciplines. The program shall include tuition assistance. The program 
shall provide an opportunity for the scholarship recipient to 
participate in an applied work experience in a departmental laboratory. 
Recipients of such scholarships shall be students deemed by the 
Secretary to have demonstrated (1) a need for such assistance and (2) 
academic potential in the particular area of study. Scholarships 
awarded under this program shall be known as Secretary of Energy 
Scholarships.''.
    (b) Conforming Amendment--The table of contents of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.) is amended by 
adding at the end thereof the following items:

                  ``TITLE XI--TECHNOLOGY PARTNERSHIPS

``Sec. 1101. Finding, Purposes and Definitions.
``Sec. 1102. General Authority.
``Sec. 1103. Establishment of Goal for Partnerships Between 
                            Departmental Laboratories and United States 
                            Industry.
``Sec. 1104. Role of the Department in the Development of Critical 
                            Technology Strategies.
``Sec. 1105. Partnership Preferences.
``Sec. 1106. Evaluation of Partnership Programs.
``Sec. 1107. Annual Report.
``Sec. 1108. Partnership Payments.
``Sec. 1109. Laboratory Partnership Advisory Board and Industrial 
                            Advisory Groups at Multi-Program 
                            Departmental Laboratories.
``Sec. 1110. Fellowship Program.
``Sec. 1111. Cooperation with State and Local Programs for Technology 
                            Development and Dissemination.
``Sec. 1112. Availability of Funds for Partnerships.
``Sec. 1113. Protection of Information.
``Sec. 1114. Fairness of Opportunity.
``Sec. 1115. Product Liability.
``Sec. 1116. Intellectual Property.
``Sec. 1117. Small Business.
``Sec. 1118. Minority College and University Report.
``Sec. 1119. Minority College and University Scholarship program.''.

SEC. 4. NATIONAL ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM.

    The Secretary is encouraged to use partnerships to expedite the 
private sector deployment of advanced manufacturing technologies as 
required by section 2202(a) of the Energy Policy Act of 1992 (42 U.S.C. 
13502).

SEC. 5. NOT-FOR-PROFIT ORGANIZATIONS.

    The Secretary shall encourage the establishment of not-for-profit 
organizations, such as the Center for Applied Development of 
Environmental Technology (CADET), that will facilitate the transfer of 
technologies from the departmental laboratories to the private sector.

SEC. 6. CAREER PATH PROGRAM.

    (a) The Secretary, utilizing authority under other applicable law 
and the authority of this section, shall establish a career path 
program to recruit employees of the national laboratories to serve in 
positions in the Department.
    (b) Section 207 of title 18, United States Code, is amended by 
inserting after subsection (j)(6) the following:
            ``(7) National laboratories.--(A) The restrictions 
        contained in subsections (a), (b), (c), and (d) shall not apply 
        to an appearance or communication made, or advice or aid 
        rendered by a person employed at a facility described in 
        subparagraph (B), if the appearance or communication is made on 
        behalf of the facility or the advice or aid is provided to the 
        contractor of the facility.
            ``(B) This paragraph applies to the following: Argonne 
        National Laboratory, Brookhaven National Laboratory, Idaho 
        National Engineering Laboratory, Lawrence Berkeley Laboratory, 
        Lawrence Livermore National Laboratory, Los Alamos National 
        Laboratory, National Renewable Energy Laboratory, Oak Ridge 
        National Laboratory, Pacific Northwest Laboratory, and Sandia 
        National Laboratories.''.
    (c) Section 27 of the Office of Federal Procurement Policy Act (41 
U.S.C. section 423) is amended by inserting the following new 
subsection:
    ``(q) National Laboratories.--(1) The restrictions on obtaining a 
recusal contained in paragraphs (c)(2) and (c)(3) shall not apply to 
discussions of future employment or business opportunity between a 
procurement official and a competing contractor managing and operating 
a facility described in paragraph (3): Provided, That such discussions 
concern the employment of the procurement official at such facility.
    ``(2) The restrictions contained in paragraph (f)(1) shall not 
apply to activities performed on behalf of a facility described in 
paragraph (3).
    ``(3) This subsection applies to the following: Argonne National 
Laboratory, Brookhaven National Laboratory, Idaho National Engineering 
Laboratory, Lawrence Berkeley Laboratory, Lawrence Livermore National 
Laboratory, Los Alamos National Laboratory, National Renewable Energy 
Laboratory, Oak Ridge National Laboratory, Pacific Northwest 
Laboratory, and Sandia National Laboratories.''.

SEC. 7. STANDARDIZATION OF REQUIREMENTS AFFECTING DEPARTMENT OF ENERGY 
              EMPLOYEES.

    (a) Part A of title VI of the Department of Energy Organization Act 
(42 U.S.C. 7211 through 7218) is repealed.
    (b) The table of contents for the Department of Energy Organization 
Act is amended by striking out the matter relating to part A of title 
VI.

SEC. 8. DOE MANAGEMENT.

    (a) Section 202(a) of the Department of Energy Organization Act (42 
U.S.C. 7132(a)) is amended by striking ``Under Secretary'' and 
inserting in its place ``Under Secretaries''.
    (b) Section 202(b) of the Department of Energy Organization Act (42 
U.S.C. 7132(b)) is amended to read as follows:
    ``(b) There shall be in the Department three Under Secretaries and 
a General Counsel, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and who shall perform functions 
and duties the Secretary prescribes. 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.''.

SEC. 9. AMENDMENTS TO STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT.

    (a) Section 12(a) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710a(a)) is amended by striking ``, to the extent 
provided in any agency-approved joint work statement,''.
    (b) Section 12(b) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710a(b)) is amended by striking ``, to the extent 
provided in any agency-approved joint work statement,''.
    (c) 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) Any agency that has contracted with a non-Federal entity 
to operate a laboratory shall review and approve, request specific 
modifications to, or disapprove a cooperative research and development 
agreement that is submitted by the director of such laboratory within 
thirty days after such submission. If an agency has requested specific 
modifications to a cooperative research and development agreement, the 
agency shall approve or disapprove any resubmission of such cooperative 
research and development agreement within fifteen days after such 
resubmission. Except as provided in subparagraph (D), no agreement may 
be entered into by a Government-owned, contractor-operated laboratory 
under this section before approval of the cooperative research and 
development agreement.'';
            (2) by amending subparagraph (C)(ii) to read as follows:
    ``(ii) If an agency that has contracted with a non-Federal entity 
to operate a laboratory disapproves or requests the modification of a 
cooperative research and development agreement submitted under clause 
(i), the agency shall promptly transmit a written explanation of such 
disapproval or modification to the director of the laboratory 
concerned.'';
            (3) by amending subparagraph (C)(iii) to read as follows:
    ``(iii) Any agency that has contracted with a non-Federal entity to 
operate a laboratory shall develop and provide to such laboratory a 
model cooperative research and development agreement, and guidelines 
for using such an agreement, for the purposes of standardizing 
practices and procedures, resolving common legal issues, and enabling 
negotiation and review of a cooperative research and development 
agreement to be carried out in a routine and prompt manner.'';
            (4) by striking subparagraph (C)(iv);
            (5) by amending subparagraph (C)(v) to read as follows:
    ``(iv) If an agency fails to complete a review under clause (i) 
within any of the specified time-periods, the agency shall submit to 
the Congress, within 10 days after the failure to complete the review, 
a report on the reasons for such failure. The agency shall, at the end 
of each successive 15-day period thereafter during which such failure 
continues, submit to Congress another report on the reasons for the 
continued failure.'';
            (6) by striking subparagraph (C)(vi); and
            (7) by amending subparagraph (D) to read as follows:
    ``(D)(i) Any agency that has contracted with a non-Federal entity 
to operate a laboratory may permit the director of a laboratory to 
enter into a cooperative research and development agreement without the 
submission, review, and approval of the agreement under subparagraph 
(C)(i) if: the Federal share under the agreement does not exceed 
$500,000 per year, or any amount the head of the agency may prescribe; 
the text of the cooperative research and development agreement is 
consistent with a model agreement under subparagraph (C)(iii); the 
agreement is entered into in accord with the agency's guidelines under 
subparagraph (C)(iii); and the agreement is consistent with and 
furthers an assigned laboratory mission.
    ``(ii) The director of a laboratory shall notify the head of the 
agency of the purpose and scope of an agreement entered into under this 
subparagraph. The agency shall include in its annual report required by 
section 11(f) of this Act (15 U.S.C. 3710(f)) an assessment of the 
implementation of this subparagraph including a summary of agreements 
entered into by laboratory directors under this subparagraph.''.
    (d) Section 12(d) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710a(d)) is amended--
            (1) in paragraph (1) by inserting ``and'' after the second 
        semicolon;
            (2) in paragraph (2)--
                    (A) by striking ``substantial'' before ``purpose'' 
                in subparagraph (B);
                    (B) by striking ``the primary purpose'' and 
                inserting ``one of the purposes'' in subparagraph (C); 
                and
                    (C) by striking ``; and'' the second time it 
                appears and inserting a period; and
            (3) by striking paragraph (3).

SEC. 10. GUIDELINES.

    The implementation of the provisions of this Act shall not be 
delayed pending the issuance of guidelines, policies or standards 
required by sections 1105, 1115 and 1116 of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.) as added by section 3 of this 
Act.

SEC. 11. AUTHORIZATION.

    (a) In addition to funds made available for partnerships under 
section 1112 of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.) as added by section 3 of this Act, there is authorized to 
be appropriated from funds otherwise available to the Secretary--
            (1) for partnership activities with industry in areas other 
        than atomic energy defense activities $100,000,000 for fiscal 
        year 1994, $140,000,000 for fiscal year 1995, $180,000,000 for 
        fiscal year 1996 and $220,000,000 for fiscal year 1997; and
            (2) for partnership activities with industry involving 
        dual-use technologies within the Department's atomic energy 
        defense activities $240,000,000 for fiscal year 1994, 
        $290,000,000 for fiscal year 1995, $350,000,000 for fiscal year 
        1996 and $400,000,000 for fiscal year 1997.
    (b) There is authorized to be appropriated to the Secretary for the 
Minority College and University Scholarship Program established in 
section 1119 of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.) as added by section 3 of this Act $1,000,000 for fiscal 
year 1994, $2,000,000 for fiscal year 1995 and $3,000,000 for fiscal 
year 1996.
    (c) There is authorized to be appropriated to the Secretary for 
research or educational programs, carried out through partnerships or 
otherwise, and for related facilities and equipment that involve 
minority colleges or universities such sums as may be necessary.

            Passed the Senate November 20 (legislative day, November 
      2), 1993.

            Attest:






                                                             Secretary.

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