Page:United States Statutes at Large Volume 102 Part 4.djvu/1053

This page needs to be proofread.

PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-676—NOV. 17, 1988

102 STAT. 4023

entity in identifying appropriate research or development projects and may enter into a cooperative research and development agreement, as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a); except that in such agreement, the Secretary may agree to provide not more than 50 percent of the cost of any research or development project selected by the Secretary under this section. Not less than 5 percent of the nonFederal entity's share of the cost of any such project shall be paid in cash. (c) APPLICABILTTY OF OTHER LAWS.—The research, development, or

utilization of any technology pursuant to an agreement under subsection Qoi), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701-3714). (d) AUTHORIZATION OF APPROPRIATIONS.—To carry out the purposes of this section, there is authorized to be appropriated to the Secretary of the Army civil works funds $3,000,000 for fiscal year 1989, $4,000,000 for fiscal year 1990, $5,000,000 for fiscal year 1991, and $6,000,000 for each fiscal year thereafter. (e) ADDITIONAL FUNDING.—Notwithstanding the third proviso under the heading "GENERAL INVESTIGATIONS" of title I of the Energy and Water Development Appropriations Act, 1989 (102 Stat. 857), an additional $3,000,000 of the funds appropriated under such heading shall be available to the Secretary for obligation to carry out the purposes of this section in fiscal year 1989. SEC. 8. INNOVATIVE TECHNOLOGY.

(a) USE.—The Secretary shall, whenever feasible, seek to promote long- and short-term cost savings, increased efficiency, reliability, and safety, and improved environmental results through the use of innovative technology in all phases of water resources development projects and programs under the Secretary's jurisdiction. To further this goal. Congress encourages the Secretary to— (1) use procurement and contracting procedures that encourage innovative project design, construction, rehabilitation, repair, and operation and maintenance technologies; (2) frequently review technical and design criteria to remove or modify unnecessary impediments to innovation; (3) increase timely exchange of technical information with universities, private companies, government agencies, and individuals; (4) foster design competition; and (5) encourage greater participation by non-Federal project sponsors in the development and implementation of projects. (b) REPORTS.—Within 2 years after the date of the enactment of this Act, and thereafter at the Secretary's discretion, the Secretary shall provide Congress with a report on the results of, and recommendations to increase, the development and use of innovative technolo^ in water resources development projects under the Secretary's jurisdiction. Such report shall also contain information regarding innovative technologies which the Secretary has considered and rejected for use in water resources development projects under the Secretary's jurisdiction. (c) INNOVATIVE TECHNOLOGY DEFINED.—For the purpose of this section, the term "innovative technology" means designs, materials,

33 USC 2314.