[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S10027-S10028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           TECHNOLOGY TRANSFER COMMERCIALIZATION ACT OF 1999

  Mr. MACK. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of H.R. 209 and the 
Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 209) to improve the ability of Federal 
     agencies to license federally-owned inventions.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4300

  Mr. MACK. Mr. President, Senators Edwards, Shelby, and Sessions have 
an amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Florida (Mr. Mack) for Mr. Edwards, Mr. 
     Shelby, and Mr. Sessions, proposes an amendment numbered 
     4300.

  The amendment is as follows:

       At the appropriate place, insert the following:

     SEC.   . TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

       (a) Appointment of Ombudsman.--The Secretary of Energy 
     shall direct the director of each national laboratory of the 
     Department of Energy, and may direct the director of each 
     facility under the jurisdiction of the Department of Energy, 
     to appoint a technology partnership ombudsman to hear and 
     help resolve complaints from outside organizations regarding 
     the policies and actions of each such laboratory or facility 
     with respect to technology partnerships (including 
     cooperative research and development agreements), patents, 
     and technology licensing.
       (b) Qualifications.--An ombudsman appointed under 
     subsection (a) shall be a senior official of the national 
     laboratory or facility who is not involved in day-to-day 
     technology partnerships, patents, or technology licensing, 
     or, if appointed from outside the laboratory of facility, 
     function as such a senior official.
       (c) Duties.--Each ombudsman appointed under subsection (a) 
     shall--
       (1) serve as the focal point for assisting the public and 
     industry in resolving complaints and disputes with the 
     national laboratory or facility regarding technology 
     partnerships, patents, and technology licensing;
       (2) promote the use of collaborative alternative dispute 
     resolution technique such as mediation to facilitate the 
     speedy and low-cost resolution of complaints and disputes, 
     when appropriate; and
       (3) report quarterly 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, to--
       (A) the Secretary;
       (B) the Administrator for Nuclear Security;
       (C) the Director of the Office of Dispute Resolution of the 
     Department of Energy; and
       (D) the employees of the Department responsible for the 
     administration of the contract for the operation of each 
     national laboratory or facility that is a subject of the 
     report, for consideration in the administration and review of 
     that contract.

  Mr. ROCKEFELLER. Senator Edwards' amendment establishes a Technology 
Partnership Ombudsman at Department of Energy's National Laboratories. 
It is my understanding that the Ombudsman should promote the use of 
collaborative alternative dispute resolution techniques such as 
mediation to facilitate the speedy and low-cost resolution of 
complaints and disputes with industry partners. To ensure fairness and 
objectivity, however, it would be the Senator's intent that nothing in 
this Section be interpreted to empower the Ombudsman to act as a 
mediator or an arbitrator in the process.
  Mr. EDWARDS. The Senator's understanding is correct. That is our 
intention.
  Mr. MACK. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the bill be read a third time and passed, as amended, the 
motion to reconsider be laid upon the table, and any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4300) was agreed to.

[[Page S10028]]

  The bill (H.R. 209), as amended, was passed.

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