Department of Energy National Competitiveness Technology Transfer Act of 1989

Summary

Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act for Fiscal Year 1990 - Title I: Department of Energy National Security Programs - Part A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1990 for operating expenses incurred and for plant and capital equipment necessary in carrying out national security programs in the following areas: (1) weapons activities; (2) defense nuclear materials production; (3) verification and control technology; (4) nuclear materials safeguards and security technology development programs; (5) security investigations; (6) new production reactors; (7) naval reactors development; and (8) capital equipment not related to construction. Places special funding limitations for DOE for FY 1990 on the following programs and projects: (1) SDI; (2) inertial confinement fusion; (3) special isotope separation; and (4) Lance Warhead follow-on. Part B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the costs of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy transmits to the appropriate committees a full and complete statement of the action proposed and 30 days have elapsed since such statement was submitted. Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title. Authorizes the Secretary of Energy to carry out any general plant project only if the maximum estimated cost of the project does not exceed $1,200,000. Requires reports to specified committees by the Secretary when the costs exceed such amount. Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost or authorized amount. Exempts from such procedures any projects which have an estimated cost of less than $5,000,000. Allows for the transfer of funds from specified projects to other Government agencies for the performance of work for which the funds were appropriated. Authorizes the Secretary of Defense to transfer to the Secretary of Energy specified FY 1990 DOD research and development funds for the performance of work on SDI. Authorizes the Secretary of Energy to perform advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000. Authorizes the Secretary to notify specified congressional committees whenever the estimated cost of such planning and design exceeds $300,000. Requires specific authorization by law whenever such estimated costs exceed $2,000,000. Authorizes the Secretary to perform emergency construction planning and design in order to meet the needs of national defense or to protect property or human life. Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE. Part C: Defense Energy Technology Transfer - Directs the Secretary of Energy to ensure: (1) that by means of appropriate transfers of federally owned or originated technology to the public or private sectors the investment of research and development funds in the military application of atomic energy results in the development of civilian applications for, and commercialization of, advanced technologies; and (2) that such transfers do not interfere with the national security mission of DOE. Provides that, whenever in the course of a Government contract or subcontract entered into in connection with a DOE nuclear defense research program a contractor makes an invention or discovery which would normally vest as a property right of the United States, such contractor may submit a request to the Secretary of Energy for a waiver of any or all of such property right of the Government in such invention or discovery. Provides that, in the case of a granted waiver, all rights of the United States not reserved by the Secretary shall vest in the contractor. Authorizes the Secretary to deny the request for a waiver if the Secretary determines that such invention or discovery: (1) is covered by a provision of a funding agreement; (2) has been designated as sensitive technical information under the Atomic Energy Act of 1954; or (3) is in the best interest of the United States to retain. Requires the Secretary to notify the contractor of such a denial in a timely manner. Outlines other matters to be considered by the Secretary in determining whether or not to grant or deny such a waiver request. Requires each DOE contract for the management and operation of a defense programs national laboratory to include a provision which authorizes the manager or operator of the laboratory to negotiate any cooperative research and development agreement with: (1) any other Federal department or agency; (2) any unit of State or local government; (3) any industrial organization; (4) any public or private foundation; (5) any institution of higher education or any other nonprofit organization; (6) any licensee of an invention or computer software owned by the laboratory manager or operator; and (7) any other person or entity. Outlines provisions authorized to be included in such cooperative research and development agreements. Provides that such agreement may not take effect unless the Secretary approves it or fails to take any action which indicates disapproval of such agreement. Requires the laboratory manager or operator to submit such agreement to the Secretary for approval or disapproval. Allows the Secretary 30 days to disapprove such an agreement. Requires written notice to the laboratory manager or operator of disapproval. Requires agreements between related persons or entities to be specifically approved by the Secretary before taking effect. Outlines factors to be considered by the Secretary in determining whether to approve, disapprove, or require the modification of a proposed cooperative research and development agreement. Outlines the effect of other laws on a specifically-approved agreement. Limits to ten percent of the revenue provided for in an annual budget of a defense programs national laboratory the amount which may be derived from nonappropriated funds pursuant to cooperative research and development agreements. Requires each DOE contract for the management or operation of a defense programs national laboratory to specify that: (1) any royalties or other income earned by the manager or operator of such laboratory from the licensing or assignment of intellectual property rights in any invention made in the course of a cooperative research and development agreement shall be used in the same manner as income under Federal funding agreements; (2) any such royalties obtained in like manner from the licensing or assignment of intellectual property rights in any computer software or other technical data made in the course of such an agreement shall also be used in the same manner as income under Federal funding agreements; and (3) the costs of obtaining, protecting, and licensing intellectual property rights in inventions, computer software, or other technical data made in the course of such an agreement shall be allowable costs under contracts for the management and operation of such a laboratory. Outlines additional intellectual property rights matters in relation to such agreements. Exempts the United States and any laboratory manager or operator from liability for damages resulting from the use of a product that is related to any invention, discovery, software, or other data in which the United States or such manager or operator has an intellectual property interest reserved or acquired pursuant to this Act. Requires the Secretary to prescribe regulations to carry out this Act and to report to the Senate and House Armed Services Committees if regulations are not issued within 180 days after enactment of this Act. Requires the Secretary to modify existing contracts with laboratory managers and operators in order to incorporate the changes made under this Act. Repeals a provision of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 relating to the protection of sensitive technical information in DOE inventions or discoveries (superseded by this Act). Part D: Miscellaneous Provisions - Amends the Department of Defense Authorization Act, 1985 to require the Secretaries of Energy and Defense to jointly report to the Congress concerning the production of the 155-millimeter artillery-fired automatic projectile. Authorizes the Secretary of Energy to designate not more than 25 positions in DOE as critical positions. Terminates such designation authority three years after enactment of this Act. Outlines provisions concerning the rates of pay for positions designated as critical. Authorizes the Secretary to designate not more 250 positions in DOE as special scientific, engineering, and managerial positions. Amends the National Defense Authorization Act, 1986 to provide equal participation of the Secretary of Defense with the Secretary in the nuclear test ban readiness program outlined under such Act. Directs the Secretary of Energy to make necessary payments, and earmarks funds, for a Rocky Flats, Colorado, decontamination and cleanup agreement entered into between DOE and the State of Colorado. Title II: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1990 for the establishment and operation of the Defense Nuclear Facilities Safety Board. Title III: National Defense Stockpile - Authorizes the President to make specified changes in quantities of materials to be acquired for the National Defense Stockpile (NDS) as provided under the Strategic and Critical Materials Stock Piling Act. Authorizes the President, during FY 1990 and 1991, to use specified amounts from the National Defense Stockpile Transaction Fund for the purpose of stockpile acquisitions. Authorizes the President, during FY 1990 and 1991, to dispose of specified materials in the NDS that have been determined to be excess to the current requirements of the stockpile. Title IV: Civil Defense - Authorizes appropriations for FY 1990 to carry out the Federal Civil Defense Act of 1950.

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4 official files

• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

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• Passed Senate amended

  summary · EN · 2 August 1989

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• Introduced in Senate

  summary · EN · 31 July 1989

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