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<PRE>[DOCID: f:s259is.txt]






107th CONGRESS
  1st Session
                                 S. 259

 To authorize funding the Department of Energy to enhance its mission 
  areas through technology transfer and partnerships for fiscal years 
               2002 through 2006, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 6, 2001

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

_______________________________________________________________________

                                 A BILL


 
 To authorize funding the Department of Energy to enhance its mission 
  areas through technology transfer and partnerships for fiscal years 
               2002 through 2006, 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 2001''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (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 ``National Laboratory'' means any of the 
        following multi-purpose laboratories 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) National Renewable Energy Laboratory;
                    (H) Oak Ridge National Laboratory;
                    (I) Pacific Northwest National Laboratory; or
                    (J) Sandia National Laboratory;
            (5) the term ``facility'' means any of the following 
        primarily single purpose entities owned by the Department of 
        Energy--
                    (A) Ames Laboratory;
                    (B) East Tennessee Technology Park;
                    (C) Environmental Measurement Laboratory;
                    (D) Fernald Environmental Management Project;
                    (E) Fermi National Accelerator Laboratory;
                    (F) Kansas City Plant;
                    (G) National Energy Technology Laboratory;
                    (H) Nevada Test Site;
                    (I) New Brunswick Laboratory;
                    (J) Pantex Weapons Facility;
                    (K) Princeton Plasma Physics Laboratory;
                    (L) Savannah River Technology Center;
                    (M) Stanford Linear Accelerator Center;
                    (N) Thomas Jefferson National Accelerator Facility;
                    (O) Y-12 facility at Oak Ridge National Laboratory; 
                or
                    (P) other similar organization of the Department 
                designated by the Secretary that engages in technology 
                transfer, partnering, or licensing 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;
            (10) the term ``technology cluster'' means a concentration 
        of--
                    (A) technology-related business concerns;
                    (B) institutions of higher education; or
                    (C) other nonprofit institutions,
        that reinforce each other's performance in the areas of 
        technology development through formal or informal 
        relationships;
            (11) the term ``socially and economically disadvantaged 
        small business concerns'' has the meaning given such term in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4));
            (12) the term ``NNSA'' means the National Nuclear Security 
        Administration established by title XXXII of the National 
        Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
        65); and
            (13) the term ``Technology Partnerships Working Group'' 
        refers to the organization of technology transfer 
        representatives of DOE laboratories and facilities, the purpose 
        of which is to coordinate technology transfer activities 
        occurring at DOE laboratories and facilities, exchange 
        information about technology transfer practices, and develop 
        and disseminate to the public and prospective technology 
        partners information about DOE technology transfer 
        opportunities and procedures.

SEC. 3. TECHNOLOGY INFRASTRUCTURE PROGRAM.

    (a) Establishment.--The Secretary, through the appropriate 
officials of the Department, shall establish a 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 that 
        can support the missions of the National Laboratories or 
        facilities;
            (2) improving the ability of National Laboratories or 
        facilities to leverage and benefit from 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 can support the missions of the National Laboratories and 
        facilities.
    (c) Program.--In each of the first three fiscal years after the 
date of enactment of this section, the Secretary may provide no more 
than $10,000,000 to National Laboratories or facilities designated by 
the Secretary to conduct Technology Infrastructure Program programs.
    (d) Projects.--The Secretary shall authorize the Director of each 
National Laboratory or facility designated under subsection (c) to 
implement the 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 section 
shall meet the following requirements:
            (1) Minimum participants.--Each project shall at a minimum 
        include--
                    (A) a National Laboratory or facility; and
                   
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 (B) one of the following entities--
                            (i) a business,
                            (ii) an institution of higher education,
                            (iii) a nonprofit institution, or
                            (iv) an agency of a State, local, or tribal 
                        government.
            (2) Cost sharing.--
                    (A) Minimum amount.--Not less than 50 percent of 
                the costs of each project funded under this section 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 toward 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 
                        section 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 section shall, to the extent 
        practicable, be competitively selected by the National 
        Laboratory or facility using procedures determined to be 
        appropriate by the Secretary or his designee.
            (4) Accounting standards.--Any participant receiving 
        funding under this section, 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 section for--
                    (A) construction; or
                    (B) any project for more than five years.
    (f) Selection Criteria.--
            (1) Threshold funding criteria.--The Secretary shall 
        authorize the provision of Federal funds for under this section 
        only when the Director of the National Laboratory or facility 
        managing such a project determines that the project is likely 
        to improve the participating National Laboratory or facility's 
        ability to achieve technical success in meeting departmental 
        missions.
            (2) Additional criteria.--The Secretary shall also require 
        the Director of the National Laboratory or facility managing a 
        project under this section to consider the following criteria 
        in selecting a project to receive Federal funds--
                    (A) the potential of the project to succeed, based 
                on its technical merit, team members, management 
                approach, resources, and project plan;
                    (B) 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, that 
                can support the missions of the participating National 
                Laboratory or facility.
                    (C) the potential of the project to promote the use 
                of commercial research, technology, products, 
                processes, and services by the participating National 
                Laboratory or facility to achieve its departmental 
                mission or the commercial development of technical 
                innovations made at the participating National 
                Laboratory or facility;
                    (D) 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;
                    (E) the extent to which the project involves a wide 
                variety and number of institutions of higher education, 
                nonprofit institutions, and technology-related business 
                concerns that can support the missions of the 
participating National Laboratory or facility and that will make 
substantive contributions to achieving the goals of the project;
                    (F) 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; and
                    (G) the extent to which the project focuses on 
                promoting the development of technology-related 
                business concerns that are small business concerns 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 
        criteria, as appropriate, in determining whether projects 
        should be funded under this section.
    (g) Report to Congress on Full Implementation.--Not later than 120 
days after the start of the third fiscal year after the date of 
enactment of this section, the Secretary shall report to Congress on 
whether the Technology Infrastructure Program should be continued and, 
if so, how the fully implemented program should be managed.

SEC. 4. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

    (a) Advocacy Function.--The Secretary shall direct the Director of 
each National Laboratory, and may direct the Director of each 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 person 
or office vested with the small business advocacy function shall--
            (1) work 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 Laboratory or facility;
            (2) report to the Director of the National Laboratory or 
        facility on the actual participation of small business concerns 
        in procurement and collaborative research along with 
        recommendations, if appropriate, on how to improve 
        participation;
            (3) make available to small business concerns training, 
        mentoring, and clear, up-to-date information on how to 
        participate in the procurement and collaborative research, 
        including how to submit effective proposals;
            (4) increase the awareness inside the National Laboratory 
        or facility of the capabilities and opportunities presented by 
        small business concerns; and
            (5) 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 
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Director of each National Laboratory, and 
may direct the Director of each 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, the cost of which shall 
        not exceed $10,000 per instance of assistance, to improve the 
        small business concern's products or services.
    (c) Use of funds.--None of the funds expended under subsection (b) 
may be used for direct grants to the small business concerns.

SEC. 5. POLICY CONTINUITY FOR PARTNERSHIPS, AND TECHNOLOGY TRANSFER.

    (a) The Secretary shall establish within the Office of Policy, in 
conjunction with that Office's responsibilities as executive 
secretariat to the Department's Research and Development Council, a 
Technology Transfer Coordinator to perform oversight of and policy 
development for technology transfer activities at the Department of 
Energy.
            (1) The Secretary through Technology Transfer Coordinator, 
        shall to the extent feasible, insure that the recommendations 
        from the Report as generated by the Secretary of Energy 
        Advisory Board in section 3163 of the ``National Defense 
        Authorization Act for Fiscal Year 2001'' are coordinated and 
        carried Department-wide to non-NNSA laboratories and facilities 
        consistent the statutory authority of the Administrator of the 
        NNSA.
            (2) No funds under section 3(c) for partnerships shall be 
        allocated under this Act until the Secretary through the 
        Technology Transfer Coordinator has submitted to Congress an 
        implementation plan that adequately addresses concerns outlined 
        by the Administrator of NNSA of the Technology Infrastructure 
        Pilot Program of collaborative projects as outlined in section 
        3161(b) of the ``National Defense Authorization Act for Fiscal 
        Year 2001''. The Secretary shall retain the discretion to not 
        implement the partnership program defined by section 3 if the 
        implementation concerns cannot be reasonably addressed.
            (3) The Technology Transfer Coordinator shall prepare a 
        report to Congress for each fiscal year of funding under this 
        Act outlining accomplishments, anticipated shortfalls, proposed 
        remedies and expenditure of funds related to DOE Technology 
        Transfer. The report should address the integration of the 
        Department's Technology Transfer efforts within the overall 
        scope of Technology Transfer Policies within the U.S. 
        Government.
            (4) The Technology Transfer Coordinator shall be designated 
        by the Secretary as the Senior Departmental Official 
        responsible for liaison with, and the oversight of funds 
        authorized in section 5(c) the Technology Partnerships Working 
        Group. The Coordinator shall report on the Group's activities 
        and budget in subsection (3).
    (b) Authorization.--The following sums are authorized to be 
appropriated to the Secretary of Energy, to carry out the duties of the 
Technology Transfer Coordinator and staff, to remain available until 
expended, for the purposes of carrying out this Act:
            (1) $2,500,000 for fiscal year 2002.
            (2) $2,600,000 for fiscal year 2003.
            (3) $2,800,000 for fiscal year 2004.
            (4) $2,800,000 for fiscal year 2005.
            (5) $2,800,000 for fiscal year 2006.
    (c) Policy Development.--Of the funds authorized to be appropriated 
under subsection (b) the following sums are authorized to be 
appropriated to carry out DOE Technology Transfer Policy Development 
and Reporting:
            (1) $1,000,000 for fiscal year 2002.
            (2) $1,100,000 for fiscal year 2003.
            (3) $1,200,000 for fiscal year 2004.
            (4) $1,200,000 for fiscal year 2005.
            (5) $1,200,000 for fiscal year 2006.
    (d) Technology Partnerships Working Group.--Of the funds under 
subsection (b), the following sums are authorized to be appropriated to 
carry out administrative tasks DOE Technology Partnerships Working 
Group:
            (1) $1,400,000 for fiscal year 2002.
            (2) $1,500,000 for fiscal year 2003.
            (3) $1,600,000 for fiscal year 2004.
            (4) $1,600,000 for fiscal year 2005.
            (5) $1,600,000 for fiscal year 2006.

SEC. 6. OTHER TRANSACTIONS AUTHORITY.

    (a) New Authority.--Section 646 of the Department of Energy 
Organization Act (42 U.S.C. 7256) is amended adding at the end the 
following new subsection:
    ``(g) Other Transactions Authority.--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 basic, applied, 
and advanced research functions now or hereafter vested in the 
Secretary. 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 of Energy shall ensure that--
            ``(i) to the maximum extent practicable, no transaction 
        entered into under paragraph (1) provides for research that 
        duplicates research being conducted under existing programs 
        carried out by the Department of Energy; and
            ``(ii) to the extent that the Secretary determines 
        practicable, the funds provided by the Government under a 
        transaction authorized by paragraph (1) do not exceed the total 
        amount provided by other parties to the transaction.
    ``(B) A transaction authorized by paragraph (1) may be used for a 
research project when the use of a standard contract, grant, or 
cooperative agreement for such project is not feasible or appropriate.
    ``(3)(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.''.
    (b) Implementation.--Not later than six months after the date of 
enactment of this section, the Department shall establish guidelines 
for the use of other transactions. Other transactions shall be made 
available, if needed, in order to implement projects funded under 
section 3.

SEC. 7. MOBILITY OF TECHNICAL PERSONNEL.

    (a) General Policy.--Not later than two years after the enactment 
of this Act, based upon the report generated under section 3161(a)(2) 
of the ``National Defense Authorization Act for Fiscal Year 2001'', the 
Secretary through the Technology Transfer Coordinator shall determine 
whether it is reasonable to ensure whether each contractor operating a 
National Laboratory or facility has policies and procedures that do not 
create disincentives to the transfer of scientific, technical and 
business personnel among the contractor-operated National Laboratory or 
facilities. This determination may be made on an individual laboratory 
or facility basis due to their varied missions.

SEC. 8. CONFORMANCE WITH NNSA STATUTORY AUTHORITY.

    All actions taken
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 by the Secretary in carrying out this Act with 
respect to National Laboratories and facilities that are part of the 
NNSA shall be through the Administrator for Nuclear Security in 
accordance with the requirements of title XXXII of the National Defense 
Authorization Act for Fiscal Year 2000.
                                 &lt;all&gt;

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