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] ...


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            (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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