| Home > 106th Congressional Bills > S. 2552 (pcs) To authorize appropriations for fiscal year 2001 for defense activities of the Department of Energy, and for other purposes. [Placed on Calendar Senate] ...
S. 2552 (pcs) To authorize appropriations for fiscal year 2001 for defense activities of the Department of Energy, and for other purposes. [Placed on Calendar Senate] ...
(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. 3164. 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. 3165. TECHNOLOGY PARTNERSHIPS OMBUDSMAN. (a) Appointment of Ombudsman.--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 appoint a technology partnership ombudsman to hear and help resolve complaints from outside organizations regarding each laboratory's policies and actions with respect to technology partnerships (including cooperative research and development agreements), patents, and technology licensing. Each ombudsman shall-- (1) be a senior official of the National Laboratory or facility who is not involved in day-to-day technology partnerships, patents, or technology licensing, or, if appointed from outside the laboratory, function as such a senior official; and (2) have direct access to the Director of the National Laboratory or facility. (b) Duties.--Each ombudsman shall-- (1) serve as the focal point for assisting the public and industry in resolving complaints and disputes with the laboratory regarding technology partnerships, 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 complaints 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 disputes raised, along with the ombudsman's assessment of their resolution, consistent with the protection of confidential and sensitive information. (c) Dual Appointment.--A person vested with the small business advocacy function of section 3164 may also serve as the technology partnership ombudsman. SEC. 3166. STUDIES RELATED TO IMPROVING MISSION EFFECTIVENESS, PARTNERSHIPS, AND TECHNOLOGY TRANSFER AT NATIONAL LABORATORIES. (a) Studies.--The Secretary shall direct the Laboratory Operations Board to study and report to him, not later than one year after the date of enactment of this section, on the following topics-- (1) the possible benefits from and need for policies and procedures to facilitate the transfer of scientific, technical, and professional personnel among National Laboratories and facilities; and (2) the possible benefits from and need for changes in-- (A) the indemnification requirements for patents or other intellectual property licensed from a National Laboratory or facility; (B) the royalty and fee schedules and types of compensation that may be used for patents or other intellectual property licensed to a small business concern from a National Laboratory or facility; (C) the licensing procedures and requirements for patents and other intellectual property; (D) the rights given to a small business concern that has licensed a patent or other intellectual property from a National Laboratory or facility to bring suit against third parties infringing such intellectual property; (E) the advance funding requirements for a small business concern funding a project at a National Laboratory or facility through a Funds-In-Agreement; (F) the intellectual property rights allocated to a business when it is funding a project at a National Laboratory or facility through a Funds-In-Agreement; and (G) policies on royalty payments to inventors employed by a contractor-operated National Laboratory or facility, including those for inventions made under a Funds-In-Agreement. (b) Definition.--For the purposes of this section, the term ``Funds-in-Agreement'' means a contract between the Department and a non-Federal organization where that organization pays the Department to provide a service or material not otherwise available in the domestic private sector. (c) Report to Congress.--Not later than one month after receiving the report under subsection (a), the Secretary shall transmit the report, along with his recommendations for action and proposals for legislation to implement the recommendations, to Congress. SEC. 3167. OTHER TRANSACTIONS AUTHORITY. (a) New Authority.--Section 646 of the Department of Energy Organization Act (42 U.S.C. 7256) is amended by adding at the end the following new subsection: ``(g) Other Transactions Authority.--(1) 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 3163. SEC. 3168. CONFORMANCE WITH NNSA ORGANIZATIONAL STRUCTURE. All actions taken by the Secretary in carrying out this subtitle 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. SEC. 3169. ARCTIC ENERGY. (a) Establishment.--There is hereby established within the Department of Energy an Office of Arctic Energy. (b) Purpose.--The purposes of the Office of Arctic Energy are-- (1) to promote research, development and deployment of electric power technology that is cost-effective and especially well suited to meet the needs of rural and remote regions of the United States, especially where permafrost is present or located nearby; and (2) to promote research, development and deployment in such regions of-- (A) enhanced oil recovery technology, including heavy oil recovery, reinjection of carbon and extended reach drilling technologies; (B) gas-to-liquids technology and liquified natural gas (including associated transportation systems); (C) small hydroelectric facilities, river turbines and tidal power; (D) natural gas hydrates, coal bed methane, and shallow bed natural gas; and (E) alternative energy, including wind, geothermal, and fuel cells. (c) Location.--The Secretary shall locate the Office of Arctic Energy at a university with special expertise and unique experience in the matters specified in paragraphs (1) and (2) of subsection (b). (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out activities under this section $1,000,000 for the first fiscal year after the date of enactment of this section. Subtitle F--Other Matters SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL. Section 3161(c)(1) of the National Defense Authorization Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking ``September 30, 2000'' and inserting ``September 30, 2002''. SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READINESS POSTURES. Section 3152 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 623) is amended-- (1) by inserting ``(a) Report.--'' before ``Not later than February 15, 1996,''; and (2) by adding at the end the following: ``(b) Biennial Updates of Report.--(1) The Secretary shall submit to the congressional defense committees an update of the report required under (a) not later than February 15, 2001, and every two years thereafter. ``(2) Each update under paragraph (1) shall include, current as of the date of such update, the following: ``(A) A list and description of the workforce skills and capabilities that are essential to carry out underground nuclear tests at the Nevada Test Site. ``(B) A list and description of the infrastructure and physical plant that are essential to carry out underground nuclear tests at the Nevada Test Site. ``(C) A description of the readiness status of the skills and capabilities described in subparagraph (A) and of the infrastructure and physical plant described in subparagraph (B). ``(3) Each update under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.''. SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF RESTRICTED DATA AND FORMERLY RESTRICTED DATA. (a) Frequency of Reports.--Section 3161(f)(2) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2261; 50 U.S.C. 435 note) is amended to read as follows: ``(2) The Secretary of Energy shall, on a quarterly basis, notify the committees and Assistant to the President specified in subsection (d) of inadvertent releases described in paragraph (1) that are discovered after the date of the enactment of this Act.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to inadvertent releases of Restricted Data and Formerly Restricted Data that are discovered on or after that date. SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR RELIABILITY OF THE NUCLEAR WEAPONS STOCKPILE. Any certification submitted to the President by the Secretary of Defense or the Secretary of Energy regarding confidence in the safety or reliability of a nuclear weapon type in the United States nuclear weapons stockpile shall be submitted in classified form only. SEC. 3175. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR WEAPONS PRODUCTION PLANTS. (a) Authority.--The Secretary of Energy may authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such plant in order to maintain and enhance such capabilities at such plant. (b) Funding.--Of the amount allocated by the Secretary to a covered nuclear weapons production plant each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount may be used for activities authorized under subsection (a). (c) Covered Nuclear Weapons Production Plants.--For purposes of this section, the term ``covered nuclear weapons production plant'' means the following: (1) The Kansas City Plant, Kansas City, Missouri.
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