[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3022 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 3022

 To enhance the Federal investment in research and development and the 
    development of innovative technologies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2004

  Mr. McCain introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To enhance the Federal investment in research and development and the 
    development of innovative technologies, 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 ``Innovation Competitiveness Act of 
2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) If the United States is to dominate the next critically 
        decisive stage of industrial progress, it must be the first to 
        create the technologies and skilled workforce capable of taking 
        advantage of new high technology opportunities.
            (2) Research, innovation, and human capital are our 
        principal strengths. By sustaining United States investments in 
        research and finding collaborative arrangements to leverage 
        existing resources and funds in a scarce budget environment, we 
        ensure that America remains at the forefront of scientific and 
        technological capability.
            (3) The United States has begun to confront a new level of 
        global competition.
            (4) The United States remains a leading attraction for 
        innovating talent and entrepreneurial activity. The United 
        States's research and development system is the best in the 
        world. It comprises the world's largest market and promotes a 
        vibrant entrepreneurial business climate.
            (5) For the United States to maintain its high standards of 
        living through continued economic prosperity over the long-
        term, the basic components of the Nation's innovation 
        ecosystems must remain healthy.
            (6) Technology transfer of publicly funded research is a 
        critical mechanism for optimizing the return on taxpayer 
        investment, particularly where other benefits are not 
        measurable at all or are very long-term.
            (7) Active marketing and educational campaigns tailored by 
        individual Federal agencies on their respective research and 
        development activities are important where--
                    (A) inventions have multiple applications and may 
                need to be matched-up with commercial enterprises 
                representing several industries; and
                    (B) new invention applications may require rapid 
                development and dissemination by companies not 
                otherwise known by the agency.
            (8) Technology transfer has become a very broad activity, 
        with many stakeholders and users. Aggregating available 
        technology transfer resources into a single location, available 
        in an electronic format, would help--
                    (A) facilitate the access, administration, 
                education, monitoring, and efficiency of technology 
                transfer activities with the government;
                    (B) stimulate further interaction and 
                responsiveness from the private sector; and
                    (C) facilitate the formation of much needed 
                technology transfer databases and provide opportunities 
                to examine and track more refined measurements of 
                technology flows.
            (9) A 2003 Department of Commerce survey reported that only 
        34 percent of the Federal laboratories surveyed formed 
        laboratory industrial advisory committees. These committees can 
        advocate and promote effective communication between Federal 
        laboratories and the user communities to help facilitate mutual 
        understanding and leverage maximum impact of the research 
        conducted.
            (10) Because the entire innovation process is continuing to 
        evolve in an arena of increasing global competition, 
        identifying metrics to quantify program effectiveness is of 
        increasing importance. Metrics need to take into account a wide 
        range of steps in a highly complex process, as well as the 
        ultimate product or service, but should not constrain the 
        continued evolution or development of new technology transfer 
approaches. In addition, these metrics need to accommodate.
                    (A) characteristics unique to varying industries; 
                and
                    (B) mission differences between the licensing 
                institutions.
            (11) Local and regional impacts from Federal research and 
        development activities have a direct impact on communities in 
        which they are conducted. Such activities attract new 
        businesses to these areas, thereby stimulating local economies 
        and improving local education.
            (12) State governments are already active in providing a 
        friendly and complementary research and development 
        environment.
            (13) Half of all States each receive half a billion or more 
        Federal research and development dollars yearly.
            (14) Given the importance of Federal research and 
        development investments to the Nation, States, and localities, 
        little information is widely available. There is a need for a 
        data system that can provide detailed information on all of the 
        activities and scope of the Federal research and development 
        enterprise so that State and local officials can use the 
        information to identify new opportunities for State-Federal 
        research collaboration.

SEC. 3. OUTREACH ACTIVITIES.

    (a) Technology Transfer Director.--The Secretary of Commerce shall 
designate a Technology Transfer Director within the Technology 
Administration to perform oversight of and policy development for 
technology transfer activities at the Department of Commerce.
    (b) Duties.--The Director shall--
            (1) coordinate the activities of the Interagency Working 
        Group on Technology Transfer, oversee the expenditure of funds 
        allocated to the Technology Transfer Working Group;
            (2) coordinate with each technology partnership ombudsman 
        appointed under section 11 of the Technology Transfer 
        Commercialization Act of 2000 (42 U.S.C. 7261c);
            (3) establish and maintain procedures for ensuring the 
        effective coordination of the technology transfer outreach 
        activities of the Department between and among--
                    (A) the National Technical Information Service;
                    (B) the Federal Laboratory Consortium for 
                Technology Transfer;
                    (C) the National Science Foundation;
                    (D) the National Aeronautics and Space 
                Administration; and
                    (E) other appropriate Federal agencies.
    (b) Responsibilities.--The Director's responsibilities shall 
include--
            (1) coordinating technology transfer activities occurring 
        at National Laboratories and single purpose research 
        facilities;
            (2) exchanging information about technology transfer 
        practices, including alternative approaches to resolution of 
        disputes involving intellectual property rights and other 
        technology transfer matters;
            (3) developing and disseminating to the public and 
        prospective technology partners information about opportunities 
        and procedures for technology transfer through a one-stop 
        information virtual center; and
            (4) providing and disseminating information through 
        prepared material on Federally owned or originated products, 
        processes, and services having potential application to State 
        and local governments and to private industry.
    (d) Oversight.--The Director shall--
            (1) periodically review the procedures maintained under 
        subsection (c) for the purpose of ensuring that such procedures 
        meet the requirements of that subsection; and
            (2) make such modifications to such procedures as the 
        Director considers appropriate in light of such review in order 
        to better achieve the purposes of this section.

SEC. 4. RESEARCH ACTIVITIES.

    (a) In General.--The Secretary, through the Technology Transfer 
Director as established by section 3, shall establish a research 
program within the Technology Administration that will--
            (1) involve consultation, as appropriate, with the various 
        units of the Commerce Department, including the Federal 
        Laboratory Consortium for Technology Transfer, each Federal 
        agency's research and technology applications, and utilization 
        (with the consent of the agency involved) of the expertise and 
        services of the National Science Foundation, the National 
        Aeronautics and Space Administration, and other Federal 
        agencies;
            (2) build upon ongoing efforts of the private sector; and
            (3) involve consortia that include government and industry.
    (b) Development of Research Tools and Practices.--The Director 
shall work with industry, trade associations, professional societies, 
and others to conduct experimentation, analysis, testing, verification, 
and demonstration of improved tools and practices that identify--
            (1) best practices for technology transfer, and
            (2) metrics to quantify technology transfer practices 
        effectiveness, taking into account wide range of differences in 
        technology, market dynamics, intellectual property in varying 
        industrial sectors, as well as different mission differences 
        between licensing institutions.
    (c) Study.--The Director shall work with industry, trade 
associations, professional societies, and others--
            (1) to develop reliable data on how to improve workforce 
        education and address critical workforce issues, including the 
        availability of scientists and engineers and a readily 
        available pool of skilled employees;
            (2) to process reviews to reduce complexity of, and time 
        required to complete, technology transfer transactions;
            (3) to study and assess the implications of technology 
        development and transfer in a global environment, with specific 
        attention to the effects of emerging technology; and
            (4) to analyze why the widely recognized ``valley of 
        death'' remains an obstacle to the adaption by the private 
        sector of Federal laboratory technologies for use in commercial 
        markets.
    (d) Dissemination and Technical Assistance Program.--The Director 
shall oversee a dissemination and technical assistance program to 
assist with the immediate dissemination and implementation of the 
practices, standards, and codes developed by the Technology 
Administration.
    (e) Reports.--
            (1) Initial report.--Not later than 120 days after the date 
        of enactment of this Act, the Director shall submit a report 
        detailing the proposed schedule of studies and other activities 
        to be undertaken under this Act to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Science.
            (2) Annual progress reports.--Not later than 12 months 
        after the date of enactment of this Act, and annually 
        thereafter, the Director shall submit a progress report to the 
        committees described under paragraph (1), which summarizes the 
        Technology Administration's activities under this Act.

SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

    The Secretary shall designate a small business advocate within the 
Department--
            (1) to increase the participation of small business 
        concerns, including socially and economically disadvantaged 
        small business concerns, in procurement, collaborative 
        research, technology licensing, and technology transfer 
        activities conducted by the National Laboratories or single-
        purpose research facilities;
            (2) to report to the National Laboratory Consortium on the 
        actual participation of small business concerns in procurement 
        and collaborative research along with recommendations, if 
        appropriate, on how to improve participation;
            (3) to make available to small business concerns training, 
        mentoring, and clear, up-to-date information on how to 
        participate in procurement and collaborative research, 
        including how to submit effective proposals, and information 
        related to alternative approaches to resolution of disputes 
        involving intellectual property rights and other technology 
        transfer matters;
            (4) to increase awareness inside the National Laboratories 
        and single-purpose research facilities of the capabilities and 
        opportunities presented by small business concerns; and
            (5) to establish guidelines for a small business program 
        under this Act and report on the effectiveness of such program 
        to the Secretary.

SEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES.

    (a) Establishment.--The Secretary shall establish a State and 
Industry Task Force for the purpose of highlighting areas--
            (1) where the Federal government can help in State efforts 
        to provide a complementary research and development 
        environment; and
            (2) that exist where the Federal government could assist in 
        efforts to help match Federal programs, to the extent possible, 
        with State economic development efforts.
    (b) Membership.--The Task Force shall be comprised of not fewer 
than 9 nor more than 15 members appointed by the Secretary, and shall 
include such representatives from State and local governments, 
industry, universities, professional societies, Government 
laboratories, and other organizations as the Secretary considers 
appropriate based on the Secretary's assessment of the technical and 
other qualifications of such representatives.
    (c) Terms.--
            (1) In general.--The term of a member of the Task Force 
        shall be 3 years.
            (2) Staggered terms.--The Secretary may appoint members of 
        the Task Force in a manner that allows the terms of the members 
        serving at any time to expire at spaced intervals so as to 
        ensure continuity in the functioning of the Task Force.
            (3) Reappointment.--A member of the Task Force whose term 
        expires may be reappointed.
    (d) Chairperson.--The Task Force shall have a chairperson, who 
shall be elected by the members.
    (e) Cooperation.--The heads of Federal agencies shall cooperate 
with the Task Force in carrying out the requirements of this section 
and shall furnish to the Task Force such information as the committee 
considers necessary to enable it to carry out its functions.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Technology 
        Transfer Director appointed under section 3.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Small business concern.--The term ``small business 
        concern'' has the meaning given that term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
            (4) Socially and economically disadvantaged small business 
        concerns.--The term ``socially and economically disadvantaged 
        small business concerns'' has the meaning given that term in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4)).
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