I
106TH CONGRESS
1ST SESSION
H. R. 3502
To enhance the ability of the National Laboratories to meet Department
of Energy missions, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 18, 1999
Mr. UDALL of New Mexico introduced the following bill; which was referred
to the Committee on Science, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To enhance the ability of the National Laboratories to meet
Department of Energy missions, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 the following:
(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 de-
velopment activities, and is on the leading edge of
many technologies that could be adapted to meet de-
partmental missions.
(4) To be able to help the Department to
achieve its missions in the most cost effective man-
ner, 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 re-
gional technology infrastructure of firms, research
and academic institutions, non-profit and govern-
mental organizations, and work force around its Na-
tional Laboratories to maintain the long-term vital-
ity of the laboratories and ensure their continued ac-
cess 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 Depart-
ment of Energy;
(2) the term ‘‘departmental mission’’ means
any of the functions vested in the Secretary of En-
ergy 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 Labora-
tory’’ 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 Envi-
ronmental Laboratory;
(D) Lawrence Berkeley National Labora-
tory;
(E) Lawrence Livermore National Labora-
tory;
(F) Los Alamos National Laboratory;
(G) Oak Ridge National Laboratory;
(H) Pacific Northwest National Labora-
tory;
(I) Sandia National Laboratory;
(5) the term ‘‘National Laboratory or facility’’
means any of the multiprogram National Labora-
tories or any of the following institutions owned by
the Department of Energy—
(A) Ames Laboratory;
(B) East Tennessee Technology Park;
(C) Environmental Measurement Labora-
tory;
(D) Federal Energy Technology Center;
(E) Fermi National Accelerator Labora-
tory;
(F) National Renewable Energy Labora-
tory;
(G) Nevada Test Site;
(H) Princeton Plasma Physics Laboratory;
(I) Savannah River Technology Center;
(J) Stanford Linear Accelerator Center;
(K) Thomas Jefferson National Accel-
erator Facility;
(L) Waste Isolation Pilot Plant; or
(M) other similar organization of the De-
partment designated by the Secretary that en-
gages in technology transfer activities;
(6) the term ‘‘nonprofit institution’’ has the
meaning given such term in section 4 of the Steven-
son-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 con-
cern’’ means a for-profit corporation, company, asso-
ciation, firm, partnership, or small business concern
that—
(A) conducts scientific or engineering re-
search,
(B) develops new technologies,
(C) manufactures products based on new
technologies, or
(D) performs technological services; and
(10) the term ‘‘technology cluster’’ means a ge-
ographic concentration of—
(A) technology-related business concerns;
(B) institutions of higher education; or
(C) other nonprofit institutions;
that reinforce each other’s performance through for-
mal or informal relationships.
SEC. 4. REGIONAL TECHNOLOGY INFRASTRUCTURE PRO-
GRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
a Regional Technology Infrastructure Program in accord-
ance 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 in the vicinity of National Laboratories or
facilities;
(2) improving the ability of National Labora-
tories or facilities to leverage commercial research,
technology, products, processes, and services; and
(3) encouraging the exchange of scientific and
technological expertise between National Labora-
tories 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 Labora-
tory 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 Sec-
retary shall provide $1,000,000 to each of the multi-
program 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 di-
rector of each National Laboratory or facility designated
under subsection (c) to implement the Regional Tech-
nology Infrastructure Program at such National Labora-
tory or facility through projects that meet the require-
ments 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 fa-
cility; and
(C) one or more of the following entities
that is located within the vicinity of the partici-
pating 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.
(3) COMPETITIVE
SELECTION.—All projects
where a party other than the Department or a Na-
tional Laboratory or facility receives funding under
this program shall be competitively selected using
procedures determined to be appropriate by the Sec-
retary.
(4) ACCOUNTING
STANDARDS.—Any partici-
pants receiving funding under this program, other
than a National Laboratory or facility, may use gen-
erally 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 de-
termination by the Director of the National Labora-
tory 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 tech-
nical success in meeting departmental missions,
promote the commercial development of techno-
logical 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 partici-
pating 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 Lab-
oratory 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 gov-
ernments that will make substantive contribu-
tions to achieving the goals of the project;
(E) the extent to which the project focuses
on promoting the development of technology-re-
lated 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 sub-
section shall limit the Secretary from requiring the
consideration of other factors, as appropriate, in de-
termining whether to fund projects under this sec-
tion.
SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.
(a) ADVOCACY FUNCTION.—The Secretary shall di-
rect the Director of each multiprogram National Labora-
tory, and may direct the Director of each other National
Laboratory or facility the Secretary determines to be ap-
propriate, to establish a small business advocacy function
that is organizationally independent of the procurement
function at the National Laboratory or facility. The mis-
sion of the small business advocacy function shall be to
increase the participation of small business concerns, par-
ticularly 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 advo-
cacy function shall—
(1) report to the Director of the National Lab-
oratory or facility on the actual participation of
small business concerns in procurements and col-
laborative 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 informa-
tion on how to participate in the procurements and
collaborative research, including how to submit effec-
tive proposals;
(3) increase the awareness inside the National
Laboratory or facility of the capabilities and oppor-
tunities 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 Lab-
oratory or facility.
(b) ESTABLISHMENT OF SMALL BUSINESS ASSIST-
ANCE PROGRAM.—The Secretary shall direct the Director
of each multiprogram National Laboratory, and may di-
rect the Director of each other National Laboratory or fa-
cility the Secretary determines to be appropriate, to estab-
lish a program to provide small business concerns—
(1) assistance directed at making them more ef-
fective 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 Na-
tional Laboratory or facility the Secretary determines to
be appropriate, to appoint a technology partnership om-
budsman to hear and help resolve complaints from outside
organizations regarding each laboratory’s policies and ac-
tions with respect to technology partnerships (including
cooperative research and development agreements), pat-
ents, and technology licensing. Each ombudsman shall—
(1) be a senior official of the National Labora-
tory or facility who is not involved in day-to-day
technology partnerships, patents, or technology li-
censing; and
(2) report to the Director of the National Lab-
oratory or facility.
(b) DUTIES.—Each ombudsman shall—
(1) serve as the focal point for assisting the
public and industry in resolving complaints and dis-
putes with the laboratory regarding technology part-
nerships, 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 com-
plaints 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 dis-
putes raised, along with the ombudsman’s assess-
ment of their resolution, consistent with the protec-
tion of confidential and sensitive information.
SEC. 7. MOBILITY OF TECHNICAL PERSONNEL.
(a) GENERAL POLICY.—Not later than two years
after the enactment of this Act, the Secretary shall ensure
that each contractor 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 Laboratory or facilities.
(b) EXTENSION.—The Secretary may delay imple-
mentation of the policy in subsection (a) if the Secretary—
(1) determines that the implementation of the
policy within two years would be unnecessarily ex-
pensive or disruptive to the operations of the con-
tractor-operated National Laboratory or facilities;
and
(2) recommends to Congress alternative meas-
ures to increase the mobility of technical personnel
among the contractor-operated National Laboratory
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 edu-
cation, nonprofit institution, or technology-related busi-