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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1973 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1973

To improve management of the National Laboratories, enhance technology 
  commercialization, facilitate public-private partnerships, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2014

 Mr. Coons (for himself and Mr. Rubio) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To improve management of the National Laboratories, enhance technology 
  commercialization, facilitate public-private partnerships, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``America 
Implementing New National Opportunities To Vigorously Accelerate 
Technology, Energy, and Science Act'' or the ``America INNOVATES Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
         TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY

Sec. 101. Under Secretary for Science and Energy.
Sec. 102. National Laboratories operations and performance management.
Sec. 103. Sense of Senate on an integrated strategy for National 
                            Laboratories in the 21st century.
     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS

Sec. 201. Agreements for Commercializing Technology pilot program.
Sec. 202. Public-private partnerships for commercialization.
Sec. 203. Inclusion of early-stage technology demonstration in 
                            authorized technology transfer activities.
Sec. 204. Information and resources for startups and small businesses.
Sec. 205. Funding competitiveness for institutions of higher education 
                            and other nonprofit institutions.
                    TITLE III--ASSESSMENT OF IMPACT

Sec. 301. Report by Government Accountability Office.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. SAVINGS CLAUSE.

    Nothing in this Act or an amendment made by this Act abrogates or 
otherwise affects the primary responsibilities of any National 
Laboratory to the Department.

         TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY

SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY.

    (a) In General.--Section 202(b) of the Department of Energy 
Organization Act (42 U.S.C. 7132(b)) is amended--
            (1) by striking ``Under Secretary for Science'' each place 
        it appears and inserting ``Under Secretary for Science and 
        Energy''; and
            (2) in paragraph (4)--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end;
                    (B) in subparagraph (G), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) establish appropriate linkages between 
                offices under the jurisdiction of the Under Secretary; 
                and
                    ``(I) perform such functions and duties as the 
                Secretary shall prescribe, consistent with this 
                section.''.
    (b) Conforming Amendments.--
            (1) Section 3164(b)(1) of the Department of Energy Science 
        Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by 
        striking ``Under Secretary for Science'' and inserting ``Under 
        Secretary for Science and Energy''.
            (2) Section 641(h)(2) of the United States Energy Storage 
        Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended 
        by striking ``Under Secretary for Science'' and inserting 
        ``Under Secretary for Science and Energy''.

SEC. 102. NATIONAL LABORATORIES OPERATIONS AND PERFORMANCE MANAGEMENT.

    (a) In General.--The Secretary shall ensure that the following 
duties and responsibilities are carried out through one or more 
appropriate statutory or administrative entities:
            (1) Evaluation, coordination, and promotion of transfer of 
        National Laboratory research and development results to the 
        market in collaboration with the Technology Transfer 
        Coordinator.
            (2) Submission to the Secretary of reports describing 
        recommendations for best practices for the National 
        Laboratories including, with respect to management and 
        operations procedures, conflict of interest regulations, 
        engagement with the private sector, and technology transfer 
        methodologies.
            (3) Implementation of other duties, as the Secretary 
        determines appropriate, to improve the operations and 
        performance of the National Laboratories.
    (b) Reporting.--The Secretary, in consultation with the appropriate 
committees of Congress, shall provide an annual update on progress made 
in carrying out subsection (a), including the improvement of National 
Laboratory operations and performance and strategic departmental and 
National Laboratory coordination.

SEC. 103. SENSE OF SENATE ON AN INTEGRATED STRATEGY FOR NATIONAL 
              LABORATORIES IN THE 21ST CENTURY.

    It is the sense of the Senate that--
            (1) the establishment of the independent Commission to 
        Review the Effectiveness of the National Energy Laboratories 
        under section 319 of title III of division D of the 
        Consolidated Appropriations Act, 2014, is an important step 
        towards developing a coordinated strategy for the National 
        Laboratories in the 21st century; and
            (2) Congress looks forward to--
                    (A) receiving the findings and conclusions of the 
                Commission; and
                    (B) engaging with the Administration--
                            (i) in strengthening the mission of the 
                        National Laboratories; and
                            (ii) to reform and modernize the operations 
                        and management of the National Laboratories.

     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS

SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.

    (a) In General.--The Secretary shall carry out the Agreements for 
Commercializing Technology pilot program of the Department, as 
announced by the Secretary on December 8, 2011, in accordance with this 
section.
    (b) Terms.--Each agreement entered into pursuant to the pilot 
program referred to in subsection (a) shall provide to the contractor 
of the applicable National Laboratory, to the maximum extent determined 
to be appropriate by the Secretary, increased authority to negotiate 
contract terms, such as intellectual property rights, indemnification, 
payment structures, performance guarantees, and multiparty 
collaborations.
    (c) Eligibility.--
            (1) In general.--Notwithstanding any other provision of law 
        (including regulations), any National Laboratory may enter into 
        an agreement pursuant to the pilot program referred to in 
        subsection (a).
            (2) Agreements with non-federal entities.--To carry out 
        paragraph (1) and subject to paragraph (3), the Secretary shall 
        permit the directors of the National Laboratories to execute 
        agreements with non-Federal entities, including non-Federal 
        entities already receiving Federal funding that will be used to 
        support activities under agreements executed pursuant to 
        paragraph (1).
            (3) Restriction.--The requirements of chapter 18 of title 
        35, United States Code (commonly known as the ``Bayh-Dole 
        Act'') shall apply if--
                    (A) the agreement is a funding agreement (as that 
                term is defined in section 201 of that title); and
                    (B) at least 1 of the parties to the funding 
                agreement is eligible to receive rights under that 
                chapter.
    (d) Submission to Secretary.--Each affected director of a National 
Laboratory shall submit to the Secretary, with respect to each 
agreement entered into under this section--
            (1) a summary of information relating to the relevant 
        project;
            (2) the total estimated costs of the project;
            (3) estimated commencement and completion dates of the 
        project; and
            (4) other documentation determined to be appropriate by the 
        Secretary.
    (e) Certification.--The Secretary shall require the contractor of 
the affected National Laboratory to certify that each activity carried 
out under a project for which an agreement is entered into under this 
section--
            (1) is not in direct competition with the private sector; 
        and
            (2) does not present, or minimizes, any apparent conflict 
        of interest, and avoids or neutralizes any actual conflict of 
        interest, as a result of the agreement under this section.
    (f) Extension.--The pilot program referred to in subsection (a) 
shall be extended for a term of 3 years after the date of enactment of 
this Act.
    (g) Report.--Not later than 60 days after the date described in 
subsection (f), the Secretary, in coordination with directors of the 
National Laboratories, shall submit to the Committee on Science, Space, 
and Technology of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report that--
            (1) assesses the overall effectiveness of the pilot program 
        referred to in subsection (a);
            (2) identifies opportunities to improve the effectiveness 
        of the pilot program;
            (3) assesses the potential for program activities to 
        interfere with the responsibilities of the National 
        Laboratories to the Department; and
            (4) provides a recommendation regarding the future of the 
        pilot program.

SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.

    (a) In General.--Subject to subsections (b) and (c), the Secretary 
shall delegate to directors of the National Laboratories signature 
authority with respect to any agreement described in subsection (b) the 
total cost of which (including the National Laboratory contributions 
and project recipient cost share) is less than $1,000,000.
    (b) Agreements.--Subsection (a) applies to--
            (1) a cooperative research and development agreement;
            (2) a non-Federal work-for-others agreement; and
            (3) any other agreement determined to be appropriate by the 
        Secretary, in collaboration with the directors of the National 
        Laboratories.
    (c) Administration.--
            (1) Accountability.--The director of the affected National 
        Laboratory and the affected contractor shall carry out an 
        agreement under this section in accordance with applicable 
        policies of the Department, including by ensuring that the 
        agreement does not compromise any national security, economic, 
        or environmental interest of the United States.
            (2) Certification.--The director of the affected National 
        Laboratory and the affected contractor shall certify that each 
        activity carried out under a project for which an agreement is 
        entered into under this section does not present, or minimizes, 
        any apparent conflict of interest, and avoids or neutralizes 
        any actual conflict of interest, as a result of the agreement 
        under this section.
            (3) Availability of records.--On entering an agreement 
        under this section, the director of a National Laboratory shall 
        submit to the Secretary for monitoring and review all records 
        of the National Laboratory relating to the agreement.
            (4) Rates.--The director of a National Laboratory may 
        charge higher rates for services performed under a partnership 
        agreement entered into pursuant to this section, regardless of 
        the full cost of recovery.
    (d) Conforming Amendment.--Section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                the subparagraphs appropriately;
                    (B) by striking ``Each Federal agency'' and 
                inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), 
        each Federal agency''; and
                    (C) by adding at the end the following:
            ``(2) Exception.--Notwithstanding paragraph (1), in 
        accordance with section 202(a) of the America INNOVATES Act, 
        approval by the Secretary of Energy shall not be required for 
        any technology transfer agreement proposed to be entered into 
        by a National Laboratory of the Department of Energy, the total 
        cost of which (including the National Laboratory contributions 
        and project recipient cost share) is less than $1,000,000.''; 
        and
            (2) in subsection (b), by striking ``subsection (a)(1)'' 
        each place it appears and inserting ``subsection (a)(1)(A)''.

SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN 
              AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.

    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is 
amended by--
            (1) redesignating subsection (g) as subsection (h); and
            (2) inserting after subsection (f) the following:
    ``(g) Early-Stage Technology Demonstration.--The Secretary shall 
permit the directors of the National Laboratories to use funds 
allocated for technology transfer within the Department to carry out 
early-stage and pre-commercial technology demonstration activities to 
remove technology barriers that limit private sector interest and 
demonstrate potential commercial applications of any research and 
technologies arising from National Laboratory activities intended to 
meet the Federal Government's research needs.''.

SEC. 204. INFORMATION AND RESOURCES FOR STARTUPS AND SMALL BUSINESSES.

    Section 9 of the Small Business Act (15 U.S.C. 638) is amended by 
adding at the end the following:
    ``(tt) Information.--In carrying out the SBIR and STTR programs of 
the Department of Energy, the Secretary of Energy shall provide to 
small business concerns seeking funding under the programs information 
concerning resources that are available to small business concerns at 
National Laboratories and federally funded research and development 
centers.''.

SEC. 205. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION 
              AND OTHER NONPROFIT INSTITUTIONS.

    Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 
16352(b)) is amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        paragraphs (2) and (3)'' and inserting ``Except as provided in 
        paragraphs (2), (3), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Exemption for institutions of higher education and 
        other nonprofit institutions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                a research or development activity performed by an 
                institution of higher education or nonprofit 
                institution (as defined in section 4 of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C. 
                3703)).
                    ``(B) Termination date.--The exemption under 
                subparagraph (A) shall apply during the 6-year period 
                beginning on the date of enactment of this 
                paragraph.''.

                    TITLE III--ASSESSMENT OF IMPACT

SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report describing the results of the projects developed under sections 
201, 202, and 203, including information regarding--
            (1) partnerships initiated as a result of those projects 
        and the potential linkages presented by those partnerships with 
        respect to national priorities and other taxpayer-funded 
        research; and
            (2) whether the activities carried out under those projects 
        result in--
                    (A) fiscal savings;
                    (B) expansion of National Laboratory capabilities;
                    (C) increased efficiency of technology transfers; 
                or
                    (D) an increase in general efficiency of the 
                National Laboratory system.
                                 <all>
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