[Congressional Record Volume 140, Number 12 (Wednesday, February 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 DEPARTMENT OF ENERGY NATIONAL COMPETITIVENESS TECHNOLOGY PARTNERSHIP 
                              ACT OF 1993

  The text of S. 473, a bill 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, passed by 
the Senate on November 20, 1993, is as follows:

                                 S. 473

       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.

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