[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1756 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1756

To enhance the ability of the National Laboratories to meet Department 
              of Energy missions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 1999

  Mr. Bingaman (for himself and Mrs. Murray) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To enhance the ability of the National Laboratories to meet Department 
              of Energy missions, 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 ``National Laboratories Partnership 
Improvement Act of 1999.''

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The National Laboratories play a crucial role in the 
        Department of Energy's ability to achieve its missions in 
        national security, science, energy, and environment.
            (2) The National Laboratories must be on the leading edge 
        of advances in science and technology to help the Department to 
        achieve its missions.
            (3) The private sector is now performing a much larger 
        share of the Nation's research and development activities, and 
        is on the leading edge of many technologies that could be 
        adapted to meet departmental missions.
            (4) To be able to help the Department to achieve its 
        missions in the most cost effective manner, the National 
        Laboratories must take advantage, to the greatest extent 
        practicable, of the scientific and technological expertise that 
        exists in the private sector, as well as at leading 
        universities, through joint research and development projects, 
        personnel exchanges, and other arrangements.
            (5) The Department needs to strengthen the regional 
        technology infrastructure of firms, research and academic 
        institutions, non-profit and governmental organizations, and 
        work force around its National Laboratories to maintain the 
        long-term vitality of the laboratories and ensure their 
        continued access to the widest range of high quality research, 
        technology and personnel.

SEC. 3. DEFINITIONS.

    For purposes of this Act, except for sections 8 and 9--
            (1) the term ``Department'' means the Department of Energy;
            (2) the term ``departmental mission'' means any of the 
        functions vested in the Secretary of Energy by the Department 
        of Energy Organization Act (42 U.S.C. 7101 et seq.) or other 
        law;
            (3) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a));
            (4) the term ``multiprogram National Laboratory'' means any 
        of the following institutions owned by the Department of 
        Energy--
                    (A) Argonne National Laboratory;
                    (B) Brookhaven National Laboratory;
                    (C) Idaho National Engineering and Environmental 
                Laboratory;
                    (D) Lawrence Berkeley National Laboratory;
                    (E) Lawrence Livermore National Laboratory;
                    (F) Los Alamos National Laboratory;
                    (G) Oak Ridge National Laboratory;
                    (H) Pacific Northwest National Laboratory;
                    (I) Sandia National Laboratory;
            (5) the term ``National Laboratory or facility'' means any 
        of the multiprogram National Laboratories or any of the 
        following institutions owned by the Department of Energy--
                    (A) Ames Laboratory;
                    (B) East Tennessee Technology Park;
                    (C) Environmental Measurement Laboratory;
                    (D) Federal Energy Technology Center;
                    (E) Fermi National Accelerator Laboratory;
                    (F) National Renewable Energy Laboratory;
                    (G) Nevada Test Site;
                    (H) Princeton Plasma Physics Laboratory;
                    (I) Savannah River Technology Center;
                    (J) Stanford Linear Accelerator Center;
                    (K) Thomas Jefferson National Accelerator Facility;
                    (L) Waste Isolation Pilot Plant; or
                    (M) other similar organization of the Department 
                designated by the Secretary that engages in technology 
                transfer activities;
            (6) the term ``nonprofit institution'' has the meaning 
        given such term in section 4 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3703(5));
            (7) the term ``Secretary'' means the Secretary of Energy;
            (8) the term ``small business concern'' has the meaning 
        given such term in section 3 of the Small Business Act (15 
        U.S.C. 632);
            (9) the term ``technology-related business concern'' means 
        a for-profit corporation, company, association, firm, 
        partnership, or small business concern that--
                    (A) conducts scientific or engineering research,
                    (B) develops new technologies,
                    (C) manufactures products based on new 
                technologies, or
                    (D) performs technological services; and
            (10) the term ``technology cluster'' means a geographic 
        concentration of--
                    (A) technology-related business concerns;
                    (B) institutions of higher education; or
                    (C) other nonprofit institutions;
        that reinforce each other's performance through formal or 
        informal relationships.

SEC. 4. REGIONAL TECHNOLOGY INFRASTRUCTURE PROGRAM.

    (a) Establishment.--The Secretary shall establish a Regional 
Technology Infrastructure Program in accordance with this section.
    (b) Purpose.--The purpose of the program shall be to improve the 
ability of National Laboratories or facilities to support departmental 
missions by--
            (1) stimulating the development of technology clusters in 
        the vicinity of National Laboratories or facilities;
            (2) improving the ability of National Laboratories or 
        facilities to leverage commercial research, technology, 
        products, processes, and services; and
            (3) encouraging the exchange of scientific and 
        technological expertise between National Laboratories or 
        facilities and--
                    (A) institutions of higher education,
                    (B) technology-related business concerns,
                    (C) nonprofit institutions, and
                    (D) agencies of State, tribal, or local 
                governments--
        that are located in the vicinity of a National Laboratory or 
        facility.
    (c) Program Phases.--The Secretary shall conduct the Regional 
Technology Infrastructure Program in two phases as follows:
            (1) Pilot phase.--No later than six months after the date 
        of enactment of this Act, the Secretary shall provide 
        $1,000,000 to each of the multiprogram National Laboratories to 
        conduct Regional Technology Infrastructure Program pilots.
            (2) Full implementation.--Not later than eighteen months 
        after the date of enactment of this Act, the Secretary shall 
        expand or alter the Regional Technology Infrastructure Program 
        to include whichever National Laboratories or facilities the 
        Secretary determines to be appropriate based upon the 
        experience of the program to date and the extent to which the 
        pilot projects under paragraph (1) met the requirements of 
        subsections (e) and (f).
    (d) Projects.--The Secretary shall authorize the director of each 
National Laboratory or facility designated under subsection (c) to 
implement the Regional Technology Infrastructure Program at such 
National Laboratory or facility through projects that meet the 
requirements of subsections (e) and (f).
    (e) Program Requirements.--Each project funded under this program 
shall meet the following requirements:
            (1) Minimum participants.--Each project shall at a minimum 
        include--
                    (A) a National Laboratory or facility;
                    (B) a business located within the vicinity of the 
                participating National Laboratory or facility; and
                    (C) one or more of the following entities that is 
                located within the vicinity of the participating 
                National Laboratory or facility--
                            (i) an institution of higher education,
                            (ii) a nonprofit institution,
                            (iii) an agency of a State, local, or 
                        tribal government, or
                            (iv) an additional business.
            (2) Cost sharing.--
                    (A) Minimum amount.--Not less than 50 percent of 
                the costs of each project funded under this section 
                shall be provided from non-Federal sources.
                    (B) Qualified funding and resources.--
                            (i) The calculation of costs paid by the 
                        non-Federal sources to a project shall include 
                        cash, personnel, services, equipment, and other 
                        resources expended on the project.
                            (ii) Independent research and development 
                        expenses of Government contractors that qualify 
                        for reimbursement under section 31-205-18(e) of 
                        the Federal Acquisition Regulations issued 
                        pursuant to section 25(c)(1) of the Office of 
                        Federal Procurement Policy Act (41 U.S.C. 
                        421(c)(1)) may be credited towards costs paid 
                        by non-Federal sources to a project, if the 
                        expenses meet the other requirements of this 
                        section.
                            (iii) No funds or other resources expended 
                        either before the start of a project under this 
                        program or outside the project's scope of work 
shall be credited toward the costs paid by the non-Federal sources to 
the project.
            (3) Competitive selection.--All projects where a party 
        other than the Department or a National Laboratory or facility 
        receives funding under this program shall be competitively 
        selected using procedures determined to be appropriate by the 
        Secretary.
            (4) Accounting standards.--Any participants receiving 
        funding under this program, other than a National Laboratory or 
        facility, may use generally accepted accounting principles for 
        maintaining accounts, books, and records relating to the 
        project.
            (5) Limitations.--No Federal funds shall be made available 
        under this program for--
                    (A) construction; or
                    (B) any project for more than five years.
    (f) Criteria.--
            (1) Mandatory criteria.--The Secretary shall not authorize 
        the provision of Federal funds for a project under this section 
        unless there is a determination by the Director of the National 
        Laboratory or facility managing the project that the project is 
        likely--
                    (A) to succeed, based on its technical merit, team 
                members, management approach, resources, and project 
                plan; and
                    (B) to improve the participating National 
                Laboratory or facility's ability to achieve technical 
                success in meeting departmental missions, promote the 
                commercial development of technological innovations 
                made at such Laboratory or facility, and use commercial 
                innovations to achieve its missions.
            (2) Additional criteria.--The Secretary shall also require 
        the consideration of the following factors by the Director of 
        the National Laboratory or facility managing projects under 
        this section in providing Federal funds to projects under this 
        section--
                    (A) the potential of the project to promote the 
                development of a commercially sustainable technology 
                cluster, one that will derive most of the demand for 
                its products or services from the private sector, in 
                the vicinity of the participating National Laboratory 
                or facility;
                    (B) the commitment shown by non-Federal 
                organizations to the project, based primarily on the 
                nature and amount of the financial and other resources 
                they will risk on the project;
                    (C) the extent to which the project involves a wide 
                variety and number of institutions of higher education, 
                nonprofit institutions, and technology-related business 
                concerns located in the vicinity of the participating 
                National Laboratory or facility that will make 
                substantive contributions to achieving the goals of the 
                project;
                    (D) the extent of participation in the project by 
                agencies of State, tribal, or local governments that 
                will make substantive contributions to achieving the 
                goals of the project;
                    (E) the extent to which the project focuses on 
                promoting the development of technology-related 
                business concerns that are small business concerns 
                located in the vicinity of the National Laboratory or 
                facility or involves such small business concerns 
                substantively in the project.
            (3) Savings clause.--Nothing in this subsection shall limit 
        the Secretary from requiring the consideration of other 
        factors, as appropriate, in determining whether to fund 
        projects under this section.

SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

    (a) Advocacy Function.--The Secretary shall direct the Director of 
each multiprogram National Laboratory, and may direct the Director of 
each other National Laboratory or facility the Secretary determines to 
be appropriate, to establish a small business advocacy function that is 
organizationally independent of the procurement function at the 
National Laboratory or facility. The mission of the small business 
advocacy function shall be to increase the participation of small 
business concerns, particularly those small business concerns located 
near the laboratory and small business concerns that are owned by women 
or minorities, in procurements and collaborative research conducted by 
the National Laboratory or facility. The person or office vested with 
the small business advocacy function shall--
            (1) report to the Director of the National Laboratory or 
        facility on the actual participation of small business concerns 
        in procurements and collaborative research along with 
        recommendations, if appropriate, on how to improve 
        participation;
            (2) make available to small business concerns training, 
        mentoring, and clear, up-to-date information on how to 
        participate in the procurements and collaborative research, 
        including how to submit effective proposals;
            (3) increase the awareness inside the National Laboratory 
        or facility of the capabilities and opportunities presented by 
        small business concerns; and
            (4) establish guidelines for the program under subsection 
        (b) and report on the effectiveness of such program to the 
        Director of the National Laboratory or facility.
    (b) Establishment of Small Business Assistance Program.--The 
Secretary shall direct the Director of each multiprogram National 
Laboratory, and may direct the Director of each other National 
Laboratory or facility the Secretary determines to be appropriate, to 
establish a program to provide small business concerns--
            (1) assistance directed at making them more effective and 
        efficient subcontractors or suppliers to the National 
        Laboratory or facility; or
            (2) general technical assistance to improve the small 
        business concern's products or services.
    (c) Use of Funds.--None of the funds expended on a program under 
subsection (b) may be used for direct grants to the small business 
concerns.

SEC. 6. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

    (a) Appointment of Ombudsman.--The Secretary shall direct the 
Director of each multiprogram National Laboratory, and may direct the 
Director of each other National Laboratory or facility the Secretary 
determines to be appropriate, to appoint a technology partnership 
ombudsman to hear and help resolve complaints from outside 
organizations regarding each laboratory's policies and actions with 
respect to technology partnerships (including cooperative research and 
development agreements), patents, and technology licensing. Each 
ombudsman shall--
            (1) be a senior official of the National Laboratory or 
        facility who is not involved in day-to-day technology 
        partnerships, patents, or technology licensing; and
            (2) report to the Director of the National Laboratory or 
        facility.
    (b) Duties.--Each ombudsman shall--
            (1) serve as the focal point for assisting the public and 
        industry in resolving complaints and disputes with the 
        laboratory regarding technology partnerships, patents, and 
        technology licensing;
            (2) promote the use of collaborative alternative dispute 
        resolution techniques such as mediation to facilitate the 
        speedy and low-cost resolution of complaints and disputes, when 
        appropriate; and
            (3) report, through the Director of the National Laboratory 
        or facility, to the Department annually on the number and 
        nature of complaints and disputes raised, along with the 
        ombudsman's assessment of their resolution, consistent with the 
        protection of confidential and sensitive information.

SEC. 7. MOBILITY OF TECHNICAL PERSONNEL.

    (a) General Policy.--Not later than two years after the enactment 
of this Act, the Secretary shall ensure that each contractor operating 
a National Laboratory or facility has policies and procedures, 
including an employee benefits program, that do not create 
disincentives to the transfer of scientific and technical personnel 
among the contractor-operated National Laboratory or facilities.
    (b) Extension.--The Secretary may delay implementation of the 
policy in subsection (a) if the Secretary--
            (1) determines that the implementation of the policy within 
        two years would be unnecessarily expensive or disruptive to the 
        operations of the contractor-operated National Laboratory or 
        facilities; and
            (2) recommends to Congress alternative measures to increase 
        the mobility of technical personnel among the contractor-
        operated National Laboratory or facilities.
    (c) Study of Wider Mobility.--Not later than two years after the 
enactment of this Act, the Secretary shall recommend to Congress 
legislation to reduce any undue disincentives to scientific and 
technical personnel employed by a contractor-operated National 
Laboratory or facility taking a job with an institution of higher 
education, nonprofit institution, or technology-related business 
concern that is located in the vicinity of the National Laboratory or 
facility.

SEC. 8. OTHER TRANSACTIONS AUTHORITY.

    Section 646 of the Department of Energy Organization Act (42 U.S.C. 
7256) is amended by adding at the end the following new subsection:
    ``(g)(1) In addition to other authorities granted to the Secretary 
to enter into procurement contracts, leases, cooperative agreements, 
grants, and other similar arrangements, the Secretary may enter into 
other transactions with public agencies, private organizations, or 
persons on such terms as the Secretary may deem appropriate in 
furtherance of functions now or hereafter vested in the Secretary, 
including research, development, or demonstration projects. Such other 
transactions shall not be subject to the provisions of section 9 of the 
Federal Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5908).
    ``(2)(A) The Secretary shall not disclose any trade secret or 
commercial or financial information submitted by a non-Federal entity 
under paragraph (1) that is privileged and confidential.
    ``(B) The Secretary shall not disclose, for five years after the 
date the information is received, any other information submitted by a 
non-Federal entity under paragraph (1), including any proposal, 
proposal abstract, document supporting a proposal, business plan, or 
technical information that is privileged and confidential.
    ``(C) The Secretary may protect from disclosure, for up to five 
years, any information developed pursuant to a transaction under 
paragraph (1) that would be protected from disclosure under section 
552(b)(4) of title 5, United States Code, if obtained from a person 
other than a Federal agency.''.

SEC. 9. AMENDMENTS TO THE STEVENSON-WYDLER ACT.

    (a) Strategic Plans.--Section 12(a) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(a)) is amended by 
inserting after ``joint work statement'' the following: ``or, if 
permitted by the agency, in an agency-approved annual strategic 
plan.''.
    (b) Federal Waivers.--Subsection 12(b) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(b)) is amended by 
adding at the end the following:
            ``(6) The director of a government-operated laboratory (in 
        the case of a Government operated laboratory) or a designated 
        official of the agency (in the case of a contractor-operated 
        laboratory) may waive any license retained by the Government 
        under paragraphs (1)(A), 2, or 3(D) in whole or in part and 
        according to negotiated terms and conditions if the director or 
        designated official, as appropriate, finds that the requirement 
        for the license would substantially inhibit the 
        commercialization of an invention that would otherwise serve an 
        important Federal mission.''.
    (c) Time Required for Approval.--Section 12(c)(5) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5)) is 
amended--
            (1) by striking subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (C);
            (3) by striking ``with a small business firm'' and 
        inserting ``if'' after ``statement'' in subparagraph (C)(i) (as 
        redesignated); and
            (4) by adding after subparagraph (C)(iii) (as redesignated) 
        the following:
                            ``(iv) Any agency that has contracted with 
                        a non-Federal entity to operate a laboratory 
                        may develop and provide to such laboratory one 
                        or more model cooperative research and 
                        development agreements, for the purposes of 
                        standardizing practices and procedures, 
                        resolving common legal issues, and enabling 
                        review of cooperative research and development 
                        agreements to be carried out in a routine and 
                        prompt manner.
                            ``(v) A federal agency may waive the 
                        requirements of clause (i) or (ii) under such 
                        circumstances as the agency deems appropriate. 
                        However, the agency may not take longer than 30 
                        days to review and approve, request 
                        modifications to, or disapprove any proposed 
                        agreement or joint work statement that it 
                        elects to receive.''.
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