[Congressional Record Volume 145, Number 144 (Thursday, October 21, 1999)]
[Senate]
[Pages S13031-S13033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 1999

  On October 20, 1999, Mr. Bingaman, for himself and Mrs. Murray, 
introduced S. 1756. The text of the bill follows:

                                S. 1756

       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 that--
       (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 though 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 department missions by--
       (1) stimulating the development of technology clusters in 
     the vinicity of National Laboratories or facilities;

[[Page S13032]]

       (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 or the 
     enactment of this Act, the Secretary shall ensure that each 
     contractor

[[Page S13033]]

     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 
     Laboratories 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 
     Laboratories or facilities; and
       (2) recommends to Congress alternative measures to increase 
     the mobility of technical personnel among the contractor 
     operated National Laboratories 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 
     support 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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