[House Report 115-788]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-788
======================================================================
NATIONAL INNOVATION MODERNIZATION BY LABORATORY EMPOWERMENT ACT
_______
June 27, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following
R E P O R T
[To accompany H.R. 5907]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 5907) to provide directors of the
National Laboratories signature authority for certain
agreements, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
PAGE
Committee Statement and Views.................................... 1
Section-by-Section............................................... 4
Explanation of Amendments........................................ 4
Committee Consideration.......................................... 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Advisory Committee Act................................... 5
Unfunded Mandate Statement....................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 6
Budget Authority and Congressional Budget Office Cost Estimate... 6
Changes in Existing Law Made by the Bill as Reported............. 7
Committee Statement and Views
PURPOSE AND SUMMARY
The purpose of H.R. 5907, the ``the National Innovation
Modernization by Laboratory Empowerment (NIMBLE) Act,'' is to
make targeted reforms to the relationship between the
Department of Energy and its national laboratories. Laboratory
directors will receive increased authority to enter into
certain cooperative agreements with the private sector.
BACKGROUND AND NEED FOR LEGISLATION
The Department of Energy owns seventeen national
laboratories, sixteen of which are federally funded research
and development centers. DOE is leading Federal sponsor of
research in the physical sciences, and conducts the majority of
its basic research utilizing the world-class, open-access user
facilities around the country at the DOE national laboratories.
These facilities include the supercomputers, x-ray light
sources, photon sources, and neutron sources necessary to
conduct ground-breaking basic research, and host approximately
30,000 researchers annually from around the world. The national
labs also provide a unique opportunity for collaboration with
the private sector through cooperative research agreements.
This partnership supports the Department's mission and maintain
American leadership in technology development, but ensures the
labs focus on the basic and early-stage research that provides
the foundation for the private sector to advance new
technologies.
However, burdensome oversight or reporting requirements can
limit the ability of the national labs to quickly partner with
private sector entities to support technology transfer and
innovation. A bipartisan report issued by the Information
Technology and Innovation Foundation, the Center for American
Progress, and the Heritage Foundation in June 2013 entitled
``Turning the Page: Reimagining the National Labs in the 21st
Century Innovation Economy,'' recommended shifting
responsibility of the management of day to day transactions of
the lab to the lab directors, with Department oversight
provided through the performance plan identified in the
Management and Operating (M&O) contract.
The Commission to Review the Effectiveness of the National
Energy Laboratories (CRENEL) echoed this approach in their
final report issued in October 2015, ``Securing America's
Future: Realizing the Potential of the Department of Energy's
National Laboratories.'' Members of the Commission recommended
that within the framework of a high-level annual operating
plan, like the Office of Science labs Performance and
Evaluation and Measurement Plan (PEMP), ``DOE should provide
increased flexibility and authority to the laboratory to
implement that plan.''
This legislation establishes a clear mechanism for carrying
out this recommendation, by directing the Department to provide
``signature authority'' to national lab directors to approve
entering into agreements with the private sector that are
valued under $1,000,000.
LEGISLATIVE HISTORY
On February 25, 2015, the Full Committee held a hearing
entitled, ``An Overview of the Budget Proposal for the
Department of Energy for Fiscal Year 2016.'' The purpose of
this hearing was to examine the Department of Energy's science
and technology priorities and their impact on the allocation of
funding within the Department's research, development,
demonstration, and commercialization activities. The witness
was The Honorable Ernest Moniz, Secretary, U.S. Department of
Energy.
On November 18, 2015, the Energy Subcommittee held a
hearing titled, ``Recommendations of the Commission to Review
the Effectiveness of the National Energy Laboratories.''
Witnesses were: Mr. TJ Glauthier, Co-Chair, Commission to
Review the Effectiveness of the National Energy Laboratories;
Dr. Jared L. Cohon, Co-Chair, Commission to Review the
Effectiveness of the National Energy Laboratories; Dr. Peter
Littlewood, Director, Argonne National Laboratory.
On March 22, 2016, the Committee held a hearing titled,
``An Overview of the Budget Proposal for the Department of
Energy for Fiscal Year 2017.'' The witness was The Honorable
Ernest Moniz, Secretary of Energy, U.S. Department of Energy.
On January 24, 2017, H.R. 589, the Department of Energy
Research and Innovation Act, which includes management reform
to improve the efficiency of the DOE national laboratories,
passed the House without amendment.
On July 19, 2017, the Committee held a hearing titled,
``Energy Innovation: Letting Technology Lead.'' Witnesses were:
Dr. Jacob DeWitte, President and CEO, Oklo; Dr. Gaurav N. Sant,
Associate Professor and Henry Samueli Fellow, Department of
Civil and Environmental Engineering, Henry Samueli School of
Engineering and Applied Science, University of California, Los
Angeles; Dr. Venky Narayanamurti, Benjamin Peirce Research
Professor of Technology and Public Policy, John A. Paulson
School of Engineering and Applied Science, Harvard University;
Mr. Kiran Kumaraswamy, Market Development Director, AES Energy
Storage.
On January 30, 2018, the Committee held a hearing titled,
``Department of Energy: Management and Priorities.'' Witnesses
were the Honorable Paul Dabbar, Under Secretary for Science,
U.S. Department of Energy, and the Honorable Mark Menezes,
Under Secretary of Energy, U.S. Department of Energy.
On March 13, 2018, the Committee held a hearing titled,
``National Laboratories: World-Leading Innovation in Science.''
Witnesses were Dr. Mark Peters, the Director of Idaho National
Laboratory, Dr. Susan Seestrom, the Advanced Science and
Technology Associate Laboratory Director and Chief Research
Officer at Sandia National Laboratory, Dr. Mary E. Maxon, the
Associate Laboratory Director for Biosciences at Lawrence
Berkeley National Laboratory, Dr. Chi-Chang Kao, the Director
of Stanford Linear Accelerator Center, National Accelerator
Laboratory, and Dr. Paul Kearns, the Director of Argonne
National Laboratory.
On May 9, 2018, the Committee held a hearing titled, ``An
Overview of the Budget Proposal for the Department of Energy
for Fiscal Year 2019.'' The witness was The Honorable Rick
Perry, Secretary, U.S. Department of Energy.
On May 22, 2018, Rep. Randy Hultgren introduced H.R. 5907,
which was referred solely to the Committee.
On May 23, 2018, the Committee approved and ordered
reported H.R. 5907 by voice vote.
COMMITTEE VIEWS
The Committee is concerned that institutional
inefficiencies between the Department of Energy and its
laboratories, including burdensome transactional oversight by
the Department, harm laboratories' productivity with respect to
cooperative research and development with the private sector
and technology transfer.
The Committee finds that the laboratories provide unique
capabilities for the progress of science and technology, but
have been prevented from achieving their potential due to
bureaucratic restrictions inconsistent with the intent of the
government-owned, contractor-operated model. The Committee
concurs with the recommendation of the CRENEL report to reduce
DOE management of day to day activities of the national labs in
order to increase cooperation with the private sector, and
supports the Department's ongoing effort to increase the
effectiveness of the national laboratories.
However, the Committee finds that legislation is necessary
to ensure the implementation of a clear mechanism to empower
national lab directors, while also maintaining the appropriate
management structure for a government owned, contractor
operated facility.
Section-by-Section
Sec. 1. Short title
National Innovation Modernization by Laboratory Empowerment
(NIMBLE) Act.
Sec. 2. Definitions
Section 2 provides relevant definitions.
Sec. 3. Public-private partnerships for commercialization
Section 3 authorizes the Secretary to delegate to the
directors of the National Laboratories signature authority to
certain agreements in which the total cost is less than
$1,000,000, while also ensuring that it does not compromise any
national security, economic, or environmental interest of the
United States.
Sec. 4. Savings clause
Section 4 states that nothing in this Act or any amendment
abrogates or otherwise affects the primary responsibilities of
any National Laboratory to the Department of Energy.
Explanation of Amendments
There were no amendments to this bill.
Committee Consideration
On May 23, 2018, the Committee met in open session and
ordered reported favorably the bill, H.R. 5907, by voice vote,
a quorum being present.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill provides for technological innovation through the
prioritization of Federal investment in basic research and
fundamental scientific discovery through the upgrade of key
user facilities at DOE. As such, this bill does not relate to
employment or access to public services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
H.R. 5907 provides authority for laboratory directors to
enter into certain cooperative agreements with the private
sector.
Duplication of Federal Programs
No provision of H.R. 5907 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 5907 does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 5907 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of Rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 5907. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 5907 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2018.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5907, the NIMBLE
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5907--NIMBLE Act
H.R. 5907 would authorize the directors of the Department
of Energy's (DOE's) national laboratories to enter into certain
agreements with third parties without prior approval if the
agreements are valued at less than $1 million.
Under current law, the agreements that would be affected by
the bill require the directors of the national laboratories to
obtain insurance for any contract that creates a partnership
with a third party. In certain situations, the federal
government may reimburse directors for the cost of liabilities
that are not covered by insurance. CBO expects that
implementing the bill would increase the number of such
agreements between the national laboratories and third parties,
thereby increasing DOE's potential reimbursement payments to
lab directors.
In the past, those reimbursements have been made with funds
from the Department of Energy's existing appropriations. Based
on information about the size and probability of such payments
in the past, CBO estimates that implementing H.R. 5907 would
cost less than $500,000 over the 2019-2023 period and would be
subject to the availability of appropriated funds.
Enacting H.R. 5907 could affect direct spending; therefore,
pay-as-you-go procedures apply. Under current law, the national
laboratories are prohibited from charging third parties fees in
excess of cost recovery when entering into covered agreements.
The bill would permit them to charge rates higher than for cost
recovery and to spend any additional collections (collections
are recorded in the budget as reductions in direct spending)
for research and development activities at the laboratories
without further appropriation. CBO expects that any additional
collections resulting from those higher rates would be offset
by an expenditure soon thereafter. Thus, CBO estimates that the
net effect on direct spending would be negligible. Enacting the
bill would not affect revenues.
CBO estimates that enacting H.R. 5907 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5907 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980
* * * * * * *
SEC. 12. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.
(a) General Authority.--[Each Federal agency]
(1) In general._Except as provided in paragraph (2),
each Federal agency may permit the director of any of
its Government-operated Federal laboratories, and, to
the extent provided in an agency-approved joint work
statement or, if permitted by the agency, in an agency-
approved annual strategic plan, contractor-operated
laboratories--
[(1)] (A) to enter into cooperative research
and development agreements on behalf of such
agency (subject to subsection (c) of this
section) with other Federal agencies; units of
State or local government; industrial
organizations (including corporations,
partnerships, and limited partnerships, and
industrial development organizations); public
and private foundations; nonprofit
organizations (including universities); or
other persons (including licensees of
inventions owned by the Federal agency); and
[(2)] (B) to negotiate licensing agreements
under section 207 of title 35, United States
Code, or under other authorities (in the case
of a Government-owned, contractor-operated
laboratory, subject to subsection (c) of this
section) for inventions made or other
intellectual property developed at the
laboratory and other inventions or other
intellectual property that may be voluntarily
assigned to the Government.
(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 3(a) of the NIMBLE Act,
approval by the Secretary of Energy shall not be
required for any technology transfer agreement proposed
to be entered into by a National Laboratory of the
Department of Energy, the total cost of which
(including the National Laboratory contributions and
project recipient cost share) is less than $1,000,000.
(b) Enumerated Authority.--(1) Under an agreement entered
into pursuant to [subsection (a)(1)] subsection (a)(1)(A), the
laboratory may grant, or agree to grant in advance, to a
collaborating party patent licenses or assignments, or options
thereto, in any invention made in whole or in part by a
laboratory employee under the agreement, or, subject to section
209 of title 35, United States Code, may grant a license to an
invention which is federally owned, for which a patent
application was filed before the signing of the agreement, and
directly within the scope of the work under the agreement, for
reasonable compensation when appropriate. The laboratory shall
ensure, through such agreement, that the collaborating party
has the option to choose an exclusive license for a pre-
negotiated field of use for any such invention under the
agreement or, if there is more than one collaborating party,
that the collaborating parties are offered the option to hold
licensing rights that collectively encompass the rights that
would be held under such an exclusive license by one party. In
consideration for the Government's contribution under the
agreement, grants under this paragraph shall be subject to the
following explicit conditions:
(A) A nonexclusive, nontransferable, irrevocable,
paid-up license from the collaborating party to the
laboratory to practice the invention or have the
invention practiced throughout the world by or on
behalf of the Government. In the exercise of such
license, the Government shall not publicly disclose
trade secrets or commercial or financial information
that is privileged or confidential within the meaning
of section 552(b)(4) of title 5, United States Code, or
which would be considered as such if it had been
obtained from a non-Federal party.
(B) If a laboratory assigns title or grants an
exclusive license to such an invention, the Government
shall retain the right--
(i) to require the collaborating party to
grant to a responsible applicant a
nonexclusive, partially exclusive, or exclusive
license to use the invention in the applicant's
licensed field of use, on terms that are
reasonable under the circumstances; or
(ii) if the collaborating party fails to
grant such a license, to grant the license
itself.
(C) The Government may exercise its right retained
under subparagraph (B) only in exceptional
circumstances and only if the Government determines
that--
(i) the action is necessary to meet health or
safety needs that are not reasonably satisfied
by the collaborating party;
(ii) the action is necessary to meet
requirements for public use specified by
Federal regulations, and such requirements are
not reasonably satisfied by the collaborating
party; or
(iii) the collaborating party has failed to
comply with an agreement containing provisions
described in subsection (c)(4)(B).
This determination is subject to administrative appeal
and judicial review under section 203(2) of title 35,
United States Code.
(2) Under agreements entered into pursuant to [subsection
(a)(1)] subsection (a)(1)(A), the laboratory shall ensure that
a collaborating party may retain title to any invention made
solely by its employee in exchange for normally granting the
Government a nonexclusive, nontransferable, irrevocable, paid-
up license to practice the invention or have the invention
practiced throughout the world by or on behalf of the
Government for research or other Government purposes.
(3) Under an agreement entered into pursuant to [subsection
(a)(1)] subsection (a)(1)(A), a laboratory may--
(A) accept, retain, and use funds, personnel,
services, and property from a collaborating party and
provide personnel, services, and property to a
collaborating party;
(B) use funds received from a collaborating party in
accordance with subparagraph (A) to hire personnel to
carry out the agreement who will not be subject to
full-time-equivalent restrictions of the agency;
(C) to the extent consistent with any applicable
agency requirements or standards of conduct, permit an
employee or former employee of the laboratory to
participate in an effort to commercialize an invention
made by the employee or former employee while in the
employment or service of the Government; and
(D) waive, subject to reservation by the Government
of a nonexclusive, irrevocable, paid-up license to
practice the invention or have the invention practiced
throughout the world by or on behalf of the Government,
in advance, in whole or in part, any right of ownership
which the Federal Government may have to any subject
invention made under the agreement by a collaborating
party or employee of a collaborating party.
(4) A collaborating party in an exclusive license in any
invention made under an agreement entered into pursuant to
[subsection (a)(1)] subsection (a)(1)(A) shall have the right
of enforcement under chapter 29 of title 35, United States
Code.
(5) A Government-owned, contractor-operated laboratory that
enters into a cooperative research and development agreement
pursuant to [subsection (a)(1)] subsection (a)(1)(A) may use or
obligate royalties or other income accruing to the laboratory
under such agreement with respect to any invention only--
(A) for payments to inventors;
(B) for purposes described in clauses (i), (ii),
(iii), and (iv) of section 14(a)(1)(B); and
(C) for scientific research and development
consistent with the research and development missions
and objectives of the laboratory.
(6)(A) In the case of a laboratory that is part of the
National Nuclear Security Administration, a designated official
of that Administration may waive any license retained by the
Government under paragraph (1)(A), (2), or (3)(D), in whole or
in part and according to negotiated terms and conditions, if
the designated official finds that the retention of the license
by the Government would substantially inhibit the
commercialization of an invention that would otherwise serve an
important national security mission.
(B) The authority to grant a waiver under subparagraph (A)
shall expire on the date that is five years after the date of
the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001. The expiration under
the preceding sentence of authority to grant a waiver under
subparagraph (A) shall not affect any waiver granted under that
subparagraph before the expiration of such authority.
(C) Not later than February 15 of each year, the
Administrator for Nuclear Security shall submit to Congress a
report on any waivers granted under this paragraph during the
preceding year.
(c) Contract Considerations.--(1) A Federal agency may issue
regulations on suitable procedures for implementing the
provisions of this section; however, implementation of this
section shall not be delayed until issuance of such
regulations.
(2) The agency in permitting a Federal laboratory to enter
into agreements under this section shall be guided by the
purposes of this Act.
(3)(A) Any agency using the authority given it under
subsection (a) shall review standards of conduct for its
employees for resolving potential conflicts of interest to make
sure they adequately establish guidelines for situations likely
to arise through the use of this authority, including but not
limited to cases where present or former employees or their
partners negotiate licenses or assignments of titles to
inventions or negotiate cooperative research and development
agreements with federal agencies (including the agency with
which the employee involved is or was formerly employed).
(B) If, in implementing subparagraph (A), an agency is unable
to resolve potential conflicts of interest within its current
statutory framework, it shall propose necessary statutory
changes to be forwarded to its authorizing committees in
Congress.
(4) The laboratory director in deciding what cooperative
research and development agreements to enter into shall--
(A) give special consideration to small business
firms, and consortia involving small business firms;
and
(B) give preference to business units located in the
United States which agree that products embodying
inventions made under the cooperative research and
development agreement or produced through the use of
such inventions will be manufactured substantially in
the United States and, in the case of any industrial
organization or other person subject to the control of
a foreign company or government, as appropriate, take
into consideration whether or not such foreign
government permits United States agencies,
organizations, or other persons to enter into
cooperative research and development agreements and
licensing agreements.
(5)(A) If the head of the agency or his designee desires an
opportunity to disapprove or require the modification of any
such agreement presented by the director of a Government-
operated laboratory, the agreement shall provide a 30-day
period within which such action must be taken beginning on the
date the agreement is presented to him or her by the head of
the laboratory concerned.
(B) In any case in which the head of an agency or his
designee disapproves or requires the modification of an
agreement presented by the director of a Government-operated
laboratory under this section, the head of the agency or such
designee shall transmit a written explanation of such
disapproval or modification to the head of the laboratory
concerned.
(C)(i) Any non-Federal entity that operates a laboratory
pursuant to a contract with a Federal agency shall submit to
the agency any cooperative research and development agreement
that the entity proposes to enter into and the joint work
statement if required with respect to that agreement.
(ii) A Federal agency that receives a proposed agreement and
joint work statement under clause (i) shall review and approve,
request specific modifications to, or disapprove the proposed
agreement and joint work statement within 30 days after such
submission. No agreement may be entered into by a Government-
owned, contractor-operated laboratory under this section before
both approval of the agreement and approval of a joint work
statement under this clause.
(iii) In any case in which an agency which has contracted
with an entity referred to in clause (i) disapproves or
requests the modification of a cooperative research and
development agreement or joint work statement submitted under
that clause, the agency shall transmit a written explanation of
such disapproval or modification to the head of the laboratory
concerned.
(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 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 considers
appropriate.
(6) Each agency shall maintain a record of all agreements
entered into under this section.
(7)(A) No trade secrets or commercial or financial
information that is privileged or confidential, under the
meaning of section 552(b)(4) of title 5, United States Code,
which is obtained in the conduct of research or as a result of
activities under this Act from a non-Federal party
participating in a cooperative research and development
agreement shall be disclosed.
(B) The director, or in the case of a contractor-operated
laboratory, the agency, for a period of up to 5 years after
development of information that results from research and
development activities conducted under this Act and that would
be a trade secret or commercial or financial information that
is privileged or confidential if the information had been
obtained from a non-Federal party participating in a
cooperative research and development agreement, may provide
appropriate protections against the dissemination of such
information, including exemption from subchapter II of chapter
5 of title 5, United States Code.
(d) Definition.--As used in this section--
(1) the term ``cooperative research and development
agreement'' means any agreement between one or more
Federal laboratories and one or more non-Federal
parties under which the Government, through its
laboratories, provides personnel, services, facilities,
equipment, intellectual property, or other resources
with or without reimbursement (but not funds to non-
Federal parties) and the non-Federal parties provide
funds, personnel, services, facilities, equipment,
intellectual property, or other resources toward the
conduct of specified research or development efforts
which are consistent with the missions of the
laboratory; except that such term does not include a
procurement contract or cooperative agreement as those
terms are used in sections 6303, 6304, and 6305 of
title 31, United States Code;
(2) the term ``laboratory'' means--
(A) a facility or group of facilities owned,
leased, or otherwise used by a Federal agency,
a substantial purpose of which is the
performance of research, development, or
engineering by employees of the Federal
Government;
(B) a group of Government-owned, contractor-
operated facilities (including a weapon
production facility of the Department of
Energy) under a common contract, when a
substantial purpose of the contract is the
performance of research and development, or the
production, maintenance, testing, or
dismantlement of a nuclear weapon or its
components, for the Federal Government; and
(C) a Government-owned, contractor-operated
facility (including a weapon production
facility of the Department of Energy) that is
not under a common contract described in
subparagraph (B), and the primary purpose of
which is the performance of research and
development, or the production, maintenance,
testing, or dismantlement of a nuclear weapon
or its components, for the Federal Government,
but such term does not include any facility covered by
Executive Order No. 12344, dated February 1, 1982,
pertaining to the naval nuclear propulsion program;
(3) the term ``joint work statement'' means a
proposal prepared for a Federal agency by the director
of a Government-owned, contractor-operated laboratory
describing the purpose and scope of a proposed
cooperative research and development agreement, and
assigning rights and responsibilities among the agency,
the laboratory, and any other party or parties to the
proposed agreement; and
(4) the term ``weapon production facility of the
Department of Energy'' means a facility under the
control or jurisdiction of the Secretary of Energy that
is operated for national security purposes and is
engaged in the production, maintenance, testing, or
dismantlement of a nuclear weapon or its components.
(e) Determination of Laboratory Missions.--For purposes of
this section, an agency shall make separate determinations of
the mission or missions of each of its laboratories.
(f) Relationship to Other Laws.--Nothing in this section is
intended to limit or diminish existing authorities of any
agency.
(g) Principles.--In implementing this section, each agency
which has contracted with a non-Federal entity to operate a
laboratory shall be guided by the following principles:
(1) The implementation shall advance program missions
at the laboratory, including any national security
mission.
(2) Classified information and unclassified sensitive
information protected by law, regulation, or Executive
order shall be appropriately safeguarded.
* * * * * * *
[all]