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108th CONGRESS
2d Session
S. 3022
To enhance the Federal investment in research and development and the
development of innovative technologies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2004
Mr. McCain introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
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A BILL
To enhance the Federal investment in research and development and the
development of innovative technologies, 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 ``Innovation Competitiveness Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) If the United States is to dominate the next critically
decisive stage of industrial progress, it must be the first to
create the technologies and skilled workforce capable of taking
advantage of new high technology opportunities.
(2) Research, innovation, and human capital are our
principal strengths. By sustaining United States investments in
research and finding collaborative arrangements to leverage
existing resources and funds in a scarce budget environment, we
ensure that America remains at the forefront of scientific and
technological capability.
(3) The United States has begun to confront a new level of
global competition.
(4) The United States remains a leading attraction for
innovating talent and entrepreneurial activity. The United
States's research and development system is the best in the
world. It comprises the world's largest market and promotes a
vibrant entrepreneurial business climate.
(5) For the United States to maintain its high standards of
living through continued economic prosperity over the long-
term, the basic components of the Nation's innovation
ecosystems must remain healthy.
(6) Technology transfer of publicly funded research is a
critical mechanism for optimizing the return on taxpayer
investment, particularly where other benefits are not
measurable at all or are very long-term.
(7) Active marketing and educational campaigns tailored by
individual Federal agencies on their respective research and
development activities are important where--
(A) inventions have multiple applications and may
need to be matched-up with commercial enterprises
representing several industries; and
(B) new invention applications may require rapid
development and dissemination by companies not
otherwise known by the agency.
(8) Technology transfer has become a very broad activity,
with many stakeholders and users. Aggregating available
technology transfer resources into a single location, available
in an electronic format, would help--
(A) facilitate the access, administration,
education, monitoring, and efficiency of technology
transfer activities with the government;
(B) stimulate further interaction and
responsiveness from the private sector; and
(C) facilitate the formation of much needed
technology transfer databases and provide opportunities
to examine and track more refined measurements of
technology flows.
(9) A 2003 Department of Commerce survey reported that only
34 percent of the Federal laboratories surveyed formed
laboratory industrial advisory committees. These committees can
advocate and promote effective communication between Federal
laboratories and the user communities to help facilitate mutual
understanding and leverage maximum impact of the research
conducted.
(10) Because the entire innovation process is continuing to
evolve in an arena of increasing global competition,
identifying metrics to quantify program effectiveness is of
increasing importance. Metrics need to take into account a wide
range of steps in a highly complex process, as well as the
ultimate product or service, but should not constrain the
continued evolution or development of new technology transfer
approaches. In addition, these metrics need to accommodate.
(A) characteristics unique to varying industries;
and
(B) mission differences between the licensing
institutions.
(11) Local and regional impacts from Federal research and
development activities have a direct impact on communities in
which they are conducted. Such activities attract new
businesses to these areas, thereby stimulating local economies
and improving local education.
(12) State governments are already active in providing a
friendly and complementary research and development
environment.
(13) Half of all States each receive half a billion or more
Federal research and development dollars yearly.
(14) Given the importance of Federal research and
development investments to the Nation, States, and localities,
little information is widely available. There is a need for a
data system that can provide detailed information on all of the
activities and scope of the Federal research and development
enterprise so that State and local officials can use the
information to identify new opportunities for State-Federal
research collaboration.
SEC. 3. OUTREACH ACTIVITIES.
(a) Technology Transfer Director.--The Secretary of Commerce shall
designate a Technology Transfer Director within the Technology
Administration to perform oversight of and policy development for
technology transfer activities at the Department of Commerce.
(b) Duties.--The Director shall--
(1) coordinate the activities of the Interagency Working
Group on Technology Transfer, oversee the expenditure of funds
allocated to the Technology Transfer Working Group;
(2) coordinate with each technology partnership ombudsman
appointed under section 11 of the Technology Transfer
Commercialization Act of 2000 (42 U.S.C. 7261c);
(3) establish and maintain procedures for ensuring the
effective coordination of the technology transfer outreach
activities of the Department between and among--
(A) the National Technical Information Service;
(B) the Federal Laboratory Consortium for
Technology Transfer;
(C) the National Science Foundation;
(D) the National Aeronautics and Space
Administration; and
(E) other appropriate Federal agencies.
(b) Responsibilities.--The Director's responsibilities shall
include--
(1) coordinating technology transfer activities occurring
at National Laboratories and single purpose research
facilities;
(2) exchanging information about technology transfer
practices, including alternative approaches to resolution of
disputes involving intellectual property rights and other
technology transfer matters;
(3) developing and disseminating to the public and
prospective technology partners information about opportunities
and procedures for technology transfer through a one-stop
information virtual center; and
(4) providing and disseminating information through
prepared material on Federally owned or originated products,
processes, and services having potential application to State
and local governments and to private industry.
(d) Oversight.--The Director shall--
(1) periodically review the procedures maintained under
subsection (c) for the purpose of ensuring that such procedures
meet the requirements of that subsection; and
(2) make such modifications to such procedures as the
Director considers appropriate in light of such review in order
to better achieve the purposes of this section.
SEC. 4. RESEARCH ACTIVITIES.
(a) In General.--The Secretary, through the Technology Transfer
Director as established by section 3, shall establish a research
program within the Technology Administration that will--
(1) involve consultation, as appropriate, with the various
units of the Commerce Department, including the Federal
Laboratory Consortium for Technology Transfer, each Federal
agency's research and technology applications, and utilization
(with the consent of the agency involved) of the expertise and
services of the National Science Foundation, the National
Aeronautics and Space Administration, and other Federal
agencies;
(2) build upon ongoing efforts of the private sector; and
(3) involve consortia that include government and industry.
(b) Development of Research Tools and Practices.--The Director
shall work with industry, trade associations, professional societies,
and others to conduct experimentation, analysis, testing, verification,
and demonstration of improved tools and practices that identify--
(1) best practices for technology transfer, and
(2) metrics to quantify technology transfer practices
effectiveness, taking into account wide range of differences in
technology, market dynamics, intellectual property in varying
industrial sectors, as well as different mission differences
between licensing institutions.
(c) Study.--The Director shall work with industry, trade
associations, professional societies, and others--
(1) to develop reliable data on how to improve workforce
education and address critical workforce issues, including the
availability of scientists and engineers and a readily
available pool of skilled employees;
(2) to process reviews to reduce complexity of, and time
required to complete, technology transfer transactions;
(3) to study and assess the implications of technology
development and transfer in a global environment, with specific
attention to the effects of emerging technology; and
(4) to analyze why the widely recognized ``valley of
death'' remains an obstacle to the adaption by the private
sector of Federal laboratory technologies for use in commercial
markets.
(d) Dissemination and Technical Assistance Program.--The Director
shall oversee a dissemination and technical assistance program to
assist with the immediate dissemination and implementation of the
practices, standards, and codes developed by the Technology
Administration.
(e) Reports.--
(1) Initial report.--Not later than 120 days after the date
of enactment of this Act, the Director shall submit a report
detailing the proposed schedule of studies and other activities
to be undertaken under this Act to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science.
(2) Annual progress reports.--Not later than 12 months
after the date of enactment of this Act, and annually
thereafter, the Director shall submit a progress report to the
committees described under paragraph (1), which summarizes the
Technology Administration's activities under this Act.
SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.
The Secretary shall designate a small business advocate within the
Department--
(1) to increase the participation of small business
concerns, including socially and economically disadvantaged
small business concerns, in procurement, collaborative
research, technology licensing, and technology transfer
activities conducted by the National Laboratories or single-
purpose research facilities;
(2) to report to the National Laboratory Consortium on the
actual participation of small business concerns in procurement
and collaborative research along with recommendations, if
appropriate, on how to improve participation;
(3) to make available to small business concerns training,
mentoring, and clear, up-to-date information on how to
participate in procurement and collaborative research,
including how to submit effective proposals, and information
related to alternative approaches to resolution of disputes
involving intellectual property rights and other technology
transfer matters;
(4) to increase awareness inside the National Laboratories
and single-purpose research facilities of the capabilities and
opportunities presented by small business concerns; and
(5) to establish guidelines for a small business program
under this Act and report on the effectiveness of such program
to the Secretary.
SEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES.
(a) Establishment.--The Secretary shall establish a State and
Industry Task Force for the purpose of highlighting areas--
(1) where the Federal government can help in State efforts
to provide a complementary research and development
environment; and
(2) that exist where the Federal government could assist in
efforts to help match Federal programs, to the extent possible,
with State economic development efforts.
(b) Membership.--The Task Force shall be comprised of not fewer
than 9 nor more than 15 members appointed by the Secretary, and shall
include such representatives from State and local governments,
industry, universities, professional societies, Government
laboratories, and other organizations as the Secretary considers
appropriate based on the Secretary's assessment of the technical and
other qualifications of such representatives.
(c) Terms.--
(1) In general.--The term of a member of the Task Force
shall be 3 years.
(2) Staggered terms.--The Secretary may appoint members of
the Task Force in a manner that allows the terms of the members
serving at any time to expire at spaced intervals so as to
ensure continuity in the functioning of the Task Force.
(3) Reappointment.--A member of the Task Force whose term
expires may be reappointed.
(d) Chairperson.--The Task Force shall have a chairperson, who
shall be elected by the members.
(e) Cooperation.--The heads of Federal agencies shall cooperate
with the Task Force in carrying out the requirements of this section
and shall furnish to the Task Force such information as the committee
considers necessary to enable it to carry out its functions.
SEC. 7. DEFINITIONS.
In this Act:
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