| Home > 106th Congressional Bills > S. 1756 (rs) To enhance the ability of the National Laboratories to meet Department of Energy missions, and for other purposes. [Reported in Senate] ...
S. 1756 (rs) To enhance the ability of the National Laboratories to meet Department of Energy missions, and for other purposes. [Reported in Senate] ...
106th CONGRESS 2d Session S. 1756 _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 10, 2000 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 jurisdiction of the committee concerned _______________________________________________________________________ AN ACT 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 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 2000''. 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 institutions 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 institutions owned by the Department of Energy-- (A) Ames Laboratory; (B) East Tennessee Technology Park; (C) Environmental Measurement Laboratory; (D) Fermi National Accelerator Laboratory; (E) Kansas City Plant; (F) National Energy Technology Laboratory; (G) Nevada Test Site; (H) Princeton Plasma Physics Laboratory; (I) Savannah River Technology Center; (J) Stanford Linear Accelerator Center; (K) Thomas Jefferson National Accelerator Facility; (L) Waste Isolation Pilot Plant; (M) Y-12 facility at Oak Ridge National Laboratory; or (N) 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) manufacturers 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 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)); and (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). SEC. 3. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM. (a) Establishment.--The Secretary, through the appropriate officials of the Department, shall establish a Technology Infrastructure Pilot 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) Pilot 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, divided equally, among no more than ten National Laboratories or facilities selected by the Secretary to conduct Technology Infrastructure Program Pilot Programs. (d) Projects.--The Secretary shall authorize the Director of each National Laboratory or facility designated under subsection (c) to implement the Technology Infrastructure Pilot 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 (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 shall 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 towards 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 projects 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 technological 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 beyond the pilot stage, and, if so, how the fully implemented program should be managed. This report shall take into consideration the results of the pilot program to date and the views of the relevant Directors of the National laboratories and facilities. The report shall include any proposals for legislation considered necessary by the Secretary to fully implement the program. 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 procurements, 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 procurements 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 procurements 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 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. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.
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