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S. 1757 (is) To amend title XVIII of the Social Security Act to improve access to rural health care providers. [Introduced in Senate] ...


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                                                       Calendar No. 936
106th CONGRESS
  2d Session
                                S. 1756

                          [Report No. 106-487]

To enhance the ability of the National Laboratories to meet Department 
              of Energy missions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 1999

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

            October 4 (legislative day, September 22), 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Laboratories 
Partnership Improvement Act of 1999.''</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The National Laboratories must be on the 
        leading edge of advances in science and technology to help the 
        Department to achieve its missions.</DELETED>
        <DELETED>    (3) The private sector is now performing a much 
        larger share of the Nation's research and development 
        activities, and is on the leading edge of many technologies 
        that could be adapted to meet departmental missions.</DELETED>
        <DELETED>    (4) To be able to help the Department to achieve 
        its missions in the most cost effective manner, 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.</DELETED>
        <DELETED>    (5) The Department needs to strengthen the 
        regional technology infrastructure of firms, research and 
        academic institutions, non-profit and governmental 
        organizations, and work force around its National Laboratories 
        to maintain the long-term vitality of the laboratories and 
        ensure their continued access to the widest range of high 
        quality research, technology and personnel.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act, except for sections 8 and 9--
</DELETED>
        <DELETED>    (1) the term ``Department'' means the Department 
        of Energy;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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));</DELETED>
        <DELETED>    (4) the term ``multiprogram National Laboratory'' 
        means any of the following institutions owned by the Department 
        of Energy--</DELETED>
                <DELETED>    (A) Argonne National Laboratory;</DELETED>
                <DELETED>    (B) Brookhaven National 
                Laboratory;</DELETED>
                <DELETED>    (C) Idaho National Engineering and 
                Environmental Laboratory;</DELETED>
                <DELETED>    (D) Lawrence Berkeley National 
                Laboratory;</DELETED>
                <DELETED>    (E) Lawrence Livermore National 
                Laboratory;</DELETED>
                <DELETED>    (F) Los Alamos National 
                Laboratory;</DELETED>
                <DELETED>    (G) Oak Ridge National 
                Laboratory;</DELETED>
                <DELETED>    (H) Pacific Northwest National 
                Laboratory;</DELETED>
                <DELETED>    (I) Sandia National Laboratory;</DELETED>
        <DELETED>    (5) the term ``National Laboratory or facility'' 
        means any of the multiprogram National Laboratories or any of 
        the following institutions owned by the Department of Energy--
        </DELETED>
                <DELETED>    (A) Ames Laboratory;</DELETED>
                <DELETED>    (B) East Tennessee Technology 
                Park;</DELETED>
                <DELETED>    (C) Environmental Measurement 
                Laboratory;</DELETED>
                <DELETED>    (D) Federal Energy Technology 
                Center;</DELETED>
                <DELETED>    (E) Fermi National Accelerator 
                Laboratory;</DELETED>
                <DELETED>    (F) National Renewable Energy 
                Laboratory;</DELETED>
                <DELETED>    (G) Nevada Test Site;</DELETED>
                <DELETED>    (H) Princeton Plasma Physics 
                Laboratory;</DELETED>
                <DELETED>    (I) Savannah River Technology 
                Center;</DELETED>
                <DELETED>    (J) Stanford Linear Accelerator 
                Center;</DELETED>
                <DELETED>    (K) Thomas Jefferson National Accelerator 
                Facility;</DELETED>
                <DELETED>    (L) Waste Isolation Pilot Plant; 
                or</DELETED>
                <DELETED>    (M) other similar organization of the 
                Department designated by the Secretary that engages in 
                technology transfer activities;</DELETED>
        <DELETED>    (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));</DELETED>
        <DELETED>    (7) the term ``Secretary'' means the Secretary of 
        Energy;</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (9) the term ``technology-related business 
        concern'' means a for-profit corporation, company, association, 
        firm, partnership, or small business concern that--</DELETED>
                <DELETED>    (A) conducts scientific or engineering 
                research,</DELETED>
                <DELETED>    (B) develops new technologies,</DELETED>
                <DELETED>    (C) manufactures products based on new 
                technologies, or</DELETED>
                <DELETED>    (D) performs technological services; 
                and</DELETED>
        <DELETED>    (10) the term ``technology cluster'' means a 
        geographic concentration of--</DELETED>
                <DELETED>    (A) technology-related business 
                concerns;</DELETED>
                <DELETED>    (B) institutions of higher education; 
                or</DELETED>
                <DELETED>    (C) other nonprofit 
                institutions;</DELETED>
        <DELETED>that reinforce each other's performance through formal 
        or informal relationships.</DELETED>

<DELETED>SEC. 4. REGIONAL TECHNOLOGY INFRASTRUCTURE PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Secretary shall establish a 
Regional Technology Infrastructure Program in accordance with this 
section.</DELETED>
<DELETED>    (b) Purpose.--The purpose of the program shall be to 
improve the ability of National Laboratories or facilities to support 
departmental missions by--</DELETED>
        <DELETED>    (1) stimulating the development of technology 
        clusters in the vicinity of National Laboratories or 
        facilities;</DELETED>
        <DELETED>    (2) improving the ability of National Laboratories 
        or facilities to leverage commercial research, technology, 
        products, processes, and services; and</DELETED>
        <DELETED>    (3) encouraging the exchange of scientific and 
        technological expertise between National Laboratories or 
        facilities and--</DELETED>
                <DELETED>    (A) institutions of higher 
                education,</DELETED>
                <DELETED>    (B) technology-related business 
                concerns,</DELETED>
                <DELETED>    (C) nonprofit institutions, and</DELETED>
                <DELETED>    (D) agencies of State, tribal, or local 
                governments--</DELETED>
        <DELETED>that are located in the vicinity of a National 
        Laboratory or facility.</DELETED>
<DELETED>    (c) Program Phases.--The Secretary shall conduct the 
Regional Technology Infrastructure Program in two phases as 
follows:</DELETED>
        <DELETED>    (1) Pilot phase.--No later than six months after 
        the date of enactment of this Act, the Secretary shall provide 
        $1,000,000 to each of the multiprogram National Laboratories to 
        conduct Regional Technology Infrastructure Program 
        pilots.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (d) Projects.--The Secretary shall authorize the director 
of each National Laboratory or facility designated under subsection (c) 
to implement the Regional Technology Infrastructure Program at such 
National Laboratory or facility through projects that meet the 
requirements of subsections (e) and (f).</DELETED>
<DELETED>    (e) Program Requirements.--Each project funded under this 
program shall meet the following requirements:</DELETED>
        <DELETED>    (1) Minimum participants.--Each project shall at a 
        minimum include--</DELETED>
                <DELETED>    (A) a National Laboratory or 
                facility;</DELETED>
                <DELETED>    (B) a business located within the vicinity 
                of the participating National Laboratory or facility; 
                and</DELETED>
                <DELETED>    (C) one or more of the following entities 
                that is located within the vicinity of the 
                participating National Laboratory or facility--
                </DELETED>
                        <DELETED>    (i) an institution of higher 
                        education,</DELETED>
                        <DELETED>    (ii) a nonprofit 
                        institution,</DELETED>
                        <DELETED>    (iii) an agency of a State, local, 
                        or tribal government, or</DELETED>
                        <DELETED>    (iv) an additional 
                        business.</DELETED>
        <DELETED>    (2) Cost sharing.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Qualified funding and resources.--
                </DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (iii) No funds or other resources 
                        expended either before the start of a project 
                        under this program or outside the project's 
scope of work shall be credited toward the costs paid by the non-
Federal sources to the project.</DELETED>
        <DELETED>    (3) Competitive selection.--All projects where a 
        party other than the Department or a National Laboratory or 
        facility receives funding under this program shall be 
        competitively selected using procedures determined to be 
        appropriate by the Secretary.</DELETED>
        <DELETED>    (4) Accounting standards.--Any participants 
        receiving funding under this program, other than a National 
        Laboratory or facility, may use generally accepted accounting 
        principles for maintaining accounts, books, and records 
        relating to the project.</DELETED>
        <DELETED>    (5) Limitations.--No Federal funds shall be made 
        available under this program for--</DELETED>
                <DELETED>    (A) construction; or</DELETED>
                <DELETED>    (B) any project for more than five 
                years.</DELETED>
<DELETED>    (f) Criteria.--</DELETED>
        <DELETED>    (1) Mandatory criteria.--The Secretary shall not 
        authorize the provision of Federal funds for a project under 
        this section unless there is a determination by the Director of 
        the National Laboratory or facility managing the project that 
        the project is likely--</DELETED>
                <DELETED>    (A) to succeed, based on its technical 
                merit, team members, management approach, resources, 
                and project plan; and</DELETED>
                <DELETED>    (B) to improve the participating National 
                Laboratory or facility's ability to achieve technical 
                success in meeting departmental missions, promote the 
                commercial development of technological innovations 
                made at such Laboratory or facility, and use commercial 
                innovations to achieve its missions.</DELETED>
        <DELETED>    (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 

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