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that reinforce each other’s performance in the areas of
1
technology development through formal or informal
2
relationships.
3
(2)
T
ECHNOLOGY
-
RELATED
BUSINESS
CON
-
4
CERN
.—The term ‘‘technology-related business con-
5
cern’’ means a for-profit corporation, company, asso-
6
ciation, firm, partnership, or small business concern
7
that—
8
(A) conducts scientific or engineering re-
9
search,
10
(B) develops new technologies,
11
(C) manufactures products based on new
12
technologies, or
13
(D) performs technological services.
14
(h) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
15
authorized to be appropriated to the Secretary for activities
16
under this section $10,000,000 for each of fiscal years 2003
17
and 2004.
18
SEC. 1409. SMALL BUSINESS ADVOCACY AND ASSISTANCE.
19
(a) S
MALL
B
USINESS
A
DVOCATE
.—The Secretary
20
shall require the Director of each National Laboratory, and
21
may require the Director of a single-purpose research facil-
22
ity, to appoint a small business advocate to—
23
(1) increase the participation of small business
24
concerns, including socially and economically dis-
25
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advantaged small business concerns, in procurement,
1
collaborative research, technology licensing, and tech-
2
nology transfer activities conducted by the National
3
Laboratory or single-purpose research facility;
4
(2) report to the Director of the National Lab-
5
oratory or single-purpose research facility on the ac-
6
tual participation of small business concerns in pro-
7
curement and collaborative research along with rec-
8
ommendations, if appropriate, on how to improve
9
participation;
10
(3) make available to small business concerns
11
training, mentoring, and clear, up-to-date informa-
12
tion on how to participate in the procurement and
13
collaborative research, including how to submit effec-
14
tive proposals;
15
(4) increase the awareness inside the National
16
Laboratory or single-purpose research facility of the
17
capabilities and opportunities presented by small
18
business concerns; and
19
(5) establish guidelines for the program under
20
subsection (b) and report on the effectiveness of such
21
program to the Director of the National Laboratory
22
or single-purpose research facility.
23
(b) E
STABLISHMENT OF
S
MALL
B
USINESS
A
SSIST
-
24
ANCE
P
ROGRAM
.—The Secretary shall require the Director
25
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of each National Laboratory, and may require the director
1
of a single-purpose research facility, to establish a program
2
to provide small business concerns—
3
(1) assistance directed at making them more ef-
4
fective and efficient subcontractors or suppliers to the
5
National Laboratory or single-purpose research facil-
6
ity; or
7
(2) general technical assistance, the cost of which
8
shall not exceed $10,000 per instance of assistance, to
9
improve the small business concern’s products or serv-
10
ices.
11
(c) U
SE OF
F
UNDS
.—None of the funds expended
12
under subsection (b) may be used for direct grants to the
13
small business concerns.
14
(d) D
EFINITIONS
.—In this section:
15
(1) S
MALL
BUSINESS
CONCERN
.—The term
16
‘‘small business concern’’ has the meaning given such
17
term in section 3 of the Small Business Act (15
18
U.S.C. 632).
19
(2) S
OCIALLY
AND
ECONOMICALLY
DISADVAN
-
20
TAGED SMALL BUSINESS CONCERNS
.—The term ‘‘so-
21
cially and economically disadvantaged small business
22
concerns’’ has the meaning given such term in section
23
8(a)(4) of the Small Business Act (15 U.S.C.
24
637(a)(4)).
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SEC. 1410. OTHER TRANSACTIONS.
1
(a) I
N
G
ENERAL
.—Section 646 of the Department of
2
Energy Organization Act (42 U.S.C. 7256) is amended by
3
adding at the end the following:
4
‘‘(g) O
THER
T
RANSACTIONS
A
UTHORITY
.—(1) In ad-
5
dition to other authorities granted to the Secretary to enter
6
into procurement contracts, leases, cooperative agreements,
7
grants, and other similar arrangements, the Secretary may
8
enter into other transactions with public agencies, private
9
organizations, or persons on such terms as the Secretary
10
may deem appropriate in furtherance of basic, applied, and
11
advanced research functions now or hereafter vested in the
12
Secretary. Such other transactions shall not be subject to
13
the provisions of section 9 of the Federal Nonnuclear En-
14
ergy Research and Development Act of 1974 (42 U.S.C.
15
5908).
16
‘‘(2)(A) The Secretary of Energy shall ensure that—
17
‘‘(i) to the maximum extent practicable, no
18
transaction entered into under paragraph (1) pro-
19
vides for research that duplicates research being con-
20
ducted under existing programs carried out by the
21
Department of Energy; and
22
‘‘(ii) to the extent that the Secretary determines
23
practicable, the funds provided by the Government
24
under a transaction authorized by paragraph (1) do
25
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not exceed the total amount provided by other parties
1
to the transaction.
2
‘‘(B) A transaction authorized by paragraph (1) may
3
be used for a research project when the use of a standard
4
contract, grant, or cooperative agreement for such project
5
is not feasible or appropriate.
6
‘‘(3)(A) The Secretary shall not disclose any trade se-
7
cret or commercial or financial information submitted by
8
a non-Federal entity under paragraph (1) that is privileged
9
and confidential.
10
‘‘(B) The Secretary shall not disclose, for 5 years after
11
the date the information is received, any other information
12
submitted by a non-Federal entity under paragraph (1), in-
13
cluding any proposal, proposal abstract, document sup-
14
porting a proposal, business plan, or technical information
15
that is privileged and confidential.
16
‘‘(C) The Secretary may protect from disclosure, for
17
up to 5 years, any information developed pursuant to a
18
transaction under paragraph (1) that would be protected
19
from disclosure under section 552(b)(4) of title 5, United
20
States Code, if obtained from a person other than a Federal
21
agency.’’.
22
(b) I
MPLEMENTATION
.—Not later than 6 months after
23
the date of enactment of this section, the Department shall
24
establish guidelines for the use of other transactions.
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SEC. 1411. MOBILITY OF SCIENTIFIC AND TECHNICAL PER-
1
SONNEL.
2
Not later than 2 years after the enactment of this sec-
3
tion, the Secretary, acting through the Technology Transfer
4
Coordinator under section 1407, shall determine whether
5
each contractor operating a National Laboratory or single-
6
purpose research facility has policies and procedures that
7
do not create disincentives to the transfer of scientific and
8
technical personnel among the contractor-operated National
9
Laboratories or contractor-operated single-purpose research
10
facilities.
11
SEC. 1412. NATIONAL ACADEMY OF SCIENCES REPORT.
12
Within 90 days after the date of enactment of this Act,
13
the Secretary shall contract with the National Academy of
14
Sciences to—
15
(1) conduct a study on the obstacles to accel-
16
erating the innovation cycle for energy technology,
17
and
18
(2) report to the Congress recommendations for
19
shortening the cycle of research, development, and de-
20
ployment.
21
SEC. 1413. REPORT ON TECHNOLOGY READINESS AND BAR-
22
RIERS TO TECHNOLOGY TRANSFER.
23
(a) I
N
G
ENERAL
.—The Secretary, acting through the
24
Technology Partnership Working Group and in consulta-
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HR 6 EAS1S/PP
tion with representatives of affected industries, universities,
1
and small business concerns, shall—
2
(1) assess the readiness for technology transfer of
3
energy technologies developed through projects funded
4
from appropriations authorized under subtitles A
5
through D of title XIV, and
6
(2) identify barriers to technology transfer and
7
cooperative research and development agreements be-
8
tween the Department or a National Laboratory and
9
a non-Federal person; and
10
(3) make recommendations for administrative or
11
legislative actions needed to reduce or eliminate such
12
barriers.
13
(b) R
EPORT
.—The Secretary shall provide a report to
14
Congress and the President on activities carried out under
15
this section not later than 1 year after the date of enactment
16
of this section, and shall update such report on a biennial
17
basis, taking into account progress toward eliminating bar-
18
riers to technology transfer identified in previous reports
19
under this section.
20
SEC. 1414. UNITED STATES-MEXICO ENERGY TECHNOLOGY
21
COOPERATION.
22
(a) F
INDING
.—Congress finds that the economic and
23
energy security of the United States and Mexico is furthered
24
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through collaboration between the United States and Mexico
1
on research related to energy technologies.
2
(b) P
ROGRAM
.—
3
(1) I
N GENERAL
.—The Secretary, acting through
4
the Assistant Secretary for Environmental Manage-
5
ment, shall establish a collaborative research, develop-
6
ment, and deployment program to promote energy ef-
7
ficient, environmentally sound economic development
8
along the United States-Mexico border to—
9
(A) mitigate hazardous waste;
10
(B) promote energy efficient materials proc-
11
essing technologies that minimize environmental
12
damage; and
13
(C) protect the public health.
14
(2)
C
ONSULTATION
.—The
Secretary,
acting
15
through the Assistant Secretary for Environmental
16
Management, shall consult with the Office of Energy
17
Efficiency and Renewable Energy in carrying out
18
paragraph (1)(B).
19
(c) P
ROGRAM
M
ANAGEMENT
.—The program under
20
subsection (b) shall be managed by the Department of En-
21
ergy Carlsbad Environmental Management Field Office.
22
(d) C
OST
S
HARING
.—The cost of any project or activ-
23
ity carried out using funds provided under this section shall
24
be shared as provided in section 1403.
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(e) T
ECHNOLOGY
T
RANSFER
.—In carrying out
1
projects and activities under this section to mitigate haz-
2
ardous waste, the Secretary shall emphasize the transfer of
3
technology developed under the Environmental Management
4
Science Program of the Department of Energy.
5
(f) I
NTELLECTUAL
P
ROPERTY
.—In carrying out this
6
section, the Secretary shall comply with the requirements
7
of any agreement entered between the United States and
8
Mexico regarding intellectual property protection.
9
(g) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
10
authorized to be appropriated to carry out this section
11
$5,000,000 for fiscal year 2003 and $6,000,000 for each of
12
fiscal years 2004 through 2006, to remain available until
13
expended.
14
TITLE XV—PERSONNEL AND
15
TRAINING
16
SEC. 1501. WORKFORCE TRENDS AND TRAINEESHIP
17
GRANTS.
18
(a) W
ORKFORCE
T
RENDS
.—
19
(1) M
ONITORING
.—The Secretary of Energy (in
20
this title referred to as the ‘‘Secretary’’), acting
21
through the Administrator of the Energy Information
22
Administration, in consultation with the Secretary of
23
Labor, shall monitor trends in the workforce of skilled
24
technical personnel supporting energy technology in-
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HR 6 EAS1S/PP
dustries, including renewable energy industries, com-
1
panies developing and commercializing devices to in-
2
crease energy-efficiency, the oil and gas industry, the
3
electric power generation industry (including the nu-
4
clear power industry), the coal industry, and other
5
industrial sectors as the Secretary may deem appro-
6
priate.
7
(2) A
NNUAL
REPORTS
.—The Administrator of
8
the Energy Information Administration shall include
9
statistics on energy industry workforce trends in the
10
annual reports of the Energy Information Adminis-
11
tration.
12
(3) S
PECIAL REPORTS
.—The Secretary shall re-
13
port to the appropriate committees of Congress when-
14
ever the Secretary determines that significant short-
15
falls of technical personnel in one or more energy in-
16
dustry segments are forecast or have occurred.
17
(b) T
RAINEESHIP
G
RANTS FOR
T
ECHNICALLY
S
KILLED
18
P
ERSONNEL
.—
19
(1) G
RANT PROGRAMS
.—The Secretary shall es-
20
tablish grant programs in the appropriate offices of
21
the Department to enhance training of technically
22
skilled personnel for which a shortfall is determined
23
under subsection (a).
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(2) E
LIGIBLE INSTITUTIONS
.—As determined by
1
the Secretary to be appropriate to the particular
2
workforce shortfall, the Secretary shall make grants
3
under paragraph (1) to—
4
(A) an institution of higher education;
5
(B) a postsecondary educational institution
6
providing vocational and technical education
7
(within the meaning given those terms in section
8
3 of the Carl D. Perkins Vocational and Tech-
9
nical Education Act of 1998 (20 U.S.C. 2302));
10
(C) appropriate agencies of State, local, or
11
tribal governments; or
12
(D) joint labor and management training
13
organizations with State or federally recognized
14
apprenticeship programs and other employee-
15
based training organizations as the Secretary
16
considers appropriate.
17
(c) D
EFINITION
.—For purposes of this section, the
18
term ‘‘skilled technical personnel’’ means journey and ap-
19
prentice level workers who are enrolled in or have completed
20
a State or federally recognized apprenticeship program and
21
other skilled workers in energy technology industries.
22
(d) A
UTHORIZATION
OF
A
PPROPRIATIONS
.—From
23
amounts authorized under section 1241(c), there are author-
24
ized to be appropriated to the Secretary for activities under
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