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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Research Financing
Improvement Act of 1995''.

SEC. 2. DEFINITIONS.

For the purposes of this Act, the following definition shall apply:
(1) Beneficiary industry.--The term ''beneficiary
industry'' means an industry with respect to which a covered
research activity is intended to contribute directly to the
commercial success, advancement, or competitiveness of the
industry.
(2) Construction.--With respect to the construction of a
new Federal research facility, the term ''construction'' means
the supervising, inspecting, and actual building of the
facility, and all expenses incidental to those activities.
(3) Cooperative agreement.--The term ''cooperative
agreement'' means a cooperative agreement between the Federal
Government and representatives of a beneficiary industry
entered into under section 3(a).
(4) Covered research activity.--The term ''covered research
activity'' means a research activity conducted by a Federal
research facility that is intended to contribute directly to
the commercial success, advancement, or competitiveness of one
or more beneficiary industries, including--
(A) theoretical analysis, experimentation, or the
systematic study of phenomena or observable facts;
(B) the development or testing of basic engineering
techniques; and
(C) the extension of investigative findings or
theory of a scientific or technical nature into
practical application for experimental and
demonstration purposes, including the experimental
production and testing of models, prototypes,
equipment, materials, and processes.
(5) Federal research facility.--The term ''Federal research
facility''--
(A) means any federally funded research and
development center that is operated by the Federal
Government or by a contractor;
(B) includes any laboratory covered under section
12 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a); and
(C) does not include--
(i) any federally funded facility with
respect to which the primary mission is to
assist industrial concerns in complying with
Federal law;
(ii) any federally funded facility that
conducts research activities that the President
determines to be of paramount interest to the
United States for reasons of national security;
and
(iii) any facility covered by Executive
Order No. 12344, dated February 1, 1982,
pertaining to the naval nuclear propulsion
program.
(6) Federal agency.--The term ''Federal agency'' means any
Executive agency, as defined in section 105 of title 5, United
States Code, the military departments, as defined in section
102 of such title, and any agency of the legislative branch of
the Federal Government.
(7) Industry.--The term ''industry'' means any domestic
industry--
(A) identified by the Secretary of Labor in the
Standard Industrial Classification Code issued by the
Secretary of Labor; or
(B) identified as a domestic industry by the head
of a Federal agency.
(8) New federal research facility.--
(A) In general.--The term ''new Federal research
facility'' means a Federal research facility the
construction of which commences after the date of
enactment of this Act.
(B) Significant expansion included.--The term ''new
Federal research facility'' includes any significant
expansion of a Federal research facility that commences
after the date of enactment of this Act.

SEC. 3. COOPERATIVE AGREEMENTS.

(a) Federal Research Facilities.--Notwithstanding any other
provision of law, no new Federal research facility may be constructed
to carry out a covered research activity unless the head of the Federal
agency with jurisdiction over the new Federal research facility enters
into a cooperative agreement with appropriate representatives of each
beneficiary industry to be served by the covered research activity to--
(1) carry out the construction of the new Federal research
facility; and
(2) conduct a covered activity at that facility.
(b) Requirements for Cooperative Agreements.--
(1) In general.--Each cooperative agreement entered into
under subsection (a) shall--
(A) specify that the beneficiary industries that
are parties to the cooperative agreement shall pay not
less than 50 percent of the cost of the construction,
operation, and maintenance of the new Federal research
facility that is the subject of the cooperative
agreement;
(B) specify the percentage amount that each
beneficiary industry referred to in subparagraph (A) is
required to pay to cover the costs under such
subparagraph;
(C) specify that the agency head may enter into
such contracts with, and award such grants to
representatives of the beneficiary industries, as are
necessary to carry out the cooperative agreement;
(D) provide for--
(i) the sharing, among beneficiary
industries, of certain intellectual property
obtained from covered research activities
conducted at the new Federal research facility;
and
(ii) the protection of certain intellectual
property of the beneficiary industry used by
the Federal Government in carrying out the
covered research activities; and
(E) specify the conditions under which, and the
procedures pursuant to which, the Federal Government
may terminate the construction of the new Federal
research facility or the covered research activity.
(2) Percentage amount.--The percentage amount that a
beneficiary industry shall be required to pay under paragraph
(1)(B) shall be determined by the head of the Federal agency in
accordance with a formula developed by the agency head to
provide for contributions from all beneficiary industries
served by the new Federal research facility.
(c) Regulations.--The head of each Federal agency shall promulgate
such regulations as may be necessary to carry out this section,
including regulations concerning--
(1) monitoring the execution of cooperative agreements
entered into under subsection (a);
(2) the establishment of procedures regarding financial
reporting and auditing to ensure that any contract entered into
under this section or grant award made pursuant to this section
is used only for the purposes specified in the applicable
cooperative agreement entered into under subsection (a); and
(3) the appropriate dissemination of the results of
research conducted pursuant to a cooperative agreement entered
into under subsection (a).
Federal Research Financing Improvement Act of 1995 - Prohibits the construction of new Federal research facilities to carry out a covered research activity unless the head of the Federal agency with jurisdiction over the new facility enters into a cooperative agreement for such construction and the conduct of such research with appropriate representatives of each beneficiary industry to be served by the activity. Requires the beneficiary industries to pay at least half the cost of construction (individual percentages to be determined according to a formula developed by the appropriate Federal agency head). Requires the agreement to provide for both: (1) sharing among beneficiary industries of intellectual property obtained from covered research activities; and (2) protection of certain intellectual property used by the Federal Government in carrying out the activities.