II 

114TH CONGRESS 

1ST SESSION S. 1187 

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 

MAY 4, 2015 

Mr. COONS (for himself, Mr. RUBIO, Mr. DURBIN, and Mr. KIRK) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘America Implementing New National Opportunities To 

6 Vigorously Accelerate Technology, Energy, and Science 

7 Act’’ or the ‘‘America INNOVATES Act’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 


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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. Technology transfer and transitions assessment. 

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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Energy. 

5 (2) NATIONAL LABORATORY.— 

6 (A) IN GENERAL.—The term ‘‘National 

7 Laboratory’’ means a nonmilitary national lab8 oratory owned by the Department. 

9 (B) INCLUSIONS.—The term ‘‘National 

10 Laboratory’’ includes— 

11 (i) Ames Laboratory; 

12 (ii) Argonne National Laboratory; 

13 (iii) Brookhaven National Laboratory; 

14 (iv) Fermi National Accelerator Lab15 oratory; 


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1 (v) Idaho National Laboratory; 

2 (vi) Lawrence Berkeley National Lab3 oratory; 

4 (vii) National Energy Technology 

5 Laboratory; 

6 (viii) National Renewable Energy 

7 Laboratory; 

8 (ix) Oak Ridge National Laboratory; 

9 (x) Pacific Northwest National Lab10 oratory; 

11 (xi) Princeton Plasma Physics Lab12 oratory; 

13 (xii) Savannah River National Lab14 oratory; 

15 (xiii) Stanford Linear Accelerator 

16 Center; 

17 (xiv) Thomas Jefferson National Ac18 celerator Facility; and 

19 (xv) any laboratory operated by the 

20 National Nuclear Security Administration, 

21 with respect to the civilian energy activities 

22 conducted at the laboratory. 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Energy. 


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1 SEC. 3. SAVINGS CLAUSE. 

2 Nothing in this Act or an amendment made by this 

3 Act abrogates or otherwise affects the primary responsibil4 ities of any National Laboratory to the Department. 

5 TITLE I—INNOVATION MANAGE6 MENT AT DEPARTMENT OF 

7 ENERGY 

8 SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY. 

9 (a) IN GENERAL.—Section 202(b) of the Department 

10 of Energy Organization Act (42 U.S.C. 7132(b)) is 

11 amended— 

12 (1) by striking ‘‘Under Secretary for Science’’ 

13 each place it appears and inserting ‘‘Under Sec14 retary for Science and Energy’’; and 

15 (2) in paragraph (4)— 

16 (A) in subparagraph (F), by striking 

17 ‘‘and’’ at the end; 

18 (B) in subparagraph (G), by striking the 

19 period at the end and inserting a semicolon; 

20 and 

21 (C) by inserting after subparagraph (G) 

22 the following: 

23 ‘‘(H) establish appropriate linkages be24 tween offices under the jurisdiction of the 

25 Under Secretary; and 


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1 ‘‘(I) perform such functions and duties as 

2 the Secretary shall prescribe, consistent with 

3 this section.’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Section 3164(b)(1) of the Department of 

6 Energy Science Education Enhancement Act (42 

7 U.S.C. 7381a(b)(1)) is amended by striking ‘‘Under 

8 Secretary for Science’’ and inserting ‘‘Under Sec9 retary for Science and Energy’’. 

10 (2) Section 641(h)(2) of the United States En11 ergy Storage Competitiveness Act of 2007 (42 

12 U.S.C. 17231(h)(2)) is amended by striking ‘‘Under 

13 Secretary for Science’’ and inserting ‘‘Under Sec14 retary for Science and Energy’’. 

15 SEC. 102. TECHNOLOGY TRANSFER AND TRANSITIONS AS16 SESSMENT. 

17 Not later than 1 year after the date of enactment 

18 of this Act, and annually thereafter, the Secretary shall 

19 submit to the Committee on Energy and Natural Re20 sources of the Senate and the Committee on Science, 

21 Space, and Technology of the House of Representatives 

22 a report that includes— 

23 (1) an assessment of the ability of the Depart24 ment to carry out the goals of section 1001 of the 

25 Energy Policy Act of 2005 (42 U.S.C. 16391), inVerDate Sep 11 2014 04:29 May 13, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1187.IS S1187

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1 cluding an assessment of the role and effectiveness 

2 of the Director of the Office of Technology Transi3 tions; and 

4 (2) recommendations for policy changes for the 

5 Department and legislative changes to section 1001 

6 of the Energy Policy Act of 2005 (42 U.S.C. 16391) 

7 to improve the ability of the Department to success8 fully transfer new energy technologies to the private 

9 sector. 

10 TITLE II—CROSS-SECTOR PART11 NERSHIPS AND GRANT COM12 PETITIVENESS 

13 SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECH14 NOLOGY PILOT PROGRAM. 

15 (a) IN GENERAL.—The Secretary shall carry out the 

16 Agreements for Commercializing Technology pilot pro17 gram of the Department, as announced by the Secretary 

18 on December 8, 2011, in accordance with this section. 

19 (b) TERMS.—Each agreement entered into pursuant 

20 to the pilot program referred to in subsection (a) shall 

21 provide to the contractor of the applicable National Lab22 oratory, to the maximum extent determined to be appro23 priate by the Secretary, increased authority to negotiate 

24 contract terms, such as intellectual property rights, inVerDate Sep 11 2014 04:29 May 13, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1187.IS S1187

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1 demnification, payment structures, performance guaran2 tees, and multiparty collaborations. 

3 (c) ELIGIBILITY.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law (including regulations), any Na6 tional Laboratory may enter into an agreement pur7 suant to the pilot program referred to in subsection 

8 (a). 

9 (2) AGREEMENTS WITH NON-FEDERAL ENTI10 TIES.—To carry out paragraph (1) and subject to 

11 paragraph (3), the Secretary shall permit the direc12 tors of the National Laboratories to execute agree13 ments with non-Federal entities, including non-Fed14 eral entities already receiving Federal funding that 

15 will be used to support activities under agreements 

16 executed pursuant to paragraph (1). 

17 (3) RESTRICTION.—The requirements of chap18 ter 18 of title 35, United States Code (commonly 

19 known as the ‘‘Bayh-Dole Act’’) shall apply if— 

20 (A) the agreement is a funding agreement 

21 (as that term is defined in section 201 of that 

22 title); and 

23 (B) at least 1 of the parties to the funding 

24 agreement is eligible to receive rights under 

25 that chapter. 


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1 (d) SUBMISSION TO SECRETARY.—Each affected di2 rector of a National Laboratory shall submit to the Sec3 retary, with respect to each agreement entered into under 

4 this section— 

5 (1) a summary of information relating to the 

6 relevant project; 

7 (2) the total estimated costs of the project; 

8 (3) estimated commencement and completion 

9 dates of the project; and 

10 (4) other documentation determined to be ap11 propriate by the Secretary. 

12 (e) CERTIFICATION.—The Secretary shall require the 

13 contractor of the affected National Laboratory to certify 

14 that each activity carried out under a project for which 

15 an agreement is entered into under this section— 

16 (1) is not in direct competition with the private 

17 sector; and 

18 (2) does not present, or minimizes, any appar19 ent conflict of interest, and avoids or neutralizes any 

20 actual conflict of interest, as a result of the agree21 ment under this section. 

22 (f) EXTENSION.—The pilot program referred to in 

23 subsection (a) shall be extended for a term of 3 years after 

24 the date of enactment of this Act. 

25 (g) REPORTS.— 


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1 (1) INITIAL REPORT.—Not later than 60 days 

2 after the date described in subsection (f), the Sec3 retary, in coordination with directors of the National 

4 Laboratories, shall submit to the Committee on En5 ergy and Natural Resources of the Senate and the 

6 Committee on Science, Space, and Technology of the 

7 House of Representatives a report that— 

8 (A) assesses the overall effectiveness of the 

9 pilot program referred to in subsection (a); 

10 (B) identifies opportunities to improve the 

11 effectiveness of the pilot program; 

12 (C) assesses the potential for program ac13 tivities to interfere with the responsibilities of 

14 the National Laboratories to the Department; 

15 and 

16 (D) provides a recommendation regarding 

17 the future of the pilot program. 

18 (2) ANNUAL REPORTS.—Annually, the Sec19 retary, in coordination with the directors of the Na20 tional Laboratories, shall submit to the Committee 

21 on Energy and Natural Resources of the Senate and 

22 the Committee on Science, Space, and Technology of 

23 the House of Representatives a report that accounts 

24 for all incidences of, and provides a justification for, 

25 non-Federal entities using funds derived from a 


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1 Federal contract or award to carry out agreements 

2 entered into under this section. 

3 SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMER4 CIALIZATION. 

5 (a) IN GENERAL.—Subject to subsections (b) 

6 through (d), the Secretary shall delegate to directors of 

7 the National Laboratories signature authority with respect 

8 to any agreement described in subsection (b) the total cost 

9 of which (including the National Laboratory contributions 

10 and project recipient cost share) is less than $1,000,000. 

11 (b) AGREEMENTS.—Subsection (a) applies to— 

12 (1) a cooperative research and development 

13 agreement; 

14 (2) a non-Federal work-for-others agreement; 

15 and 

16 (3) any other agreement determined to be ap17 propriate by the Secretary, in collaboration with the 

18 directors of the National Laboratories. 

19 (c) LIMITATION.—Subsection (a) does not apply to 

20 an agreement with a majority-foreign-owned company. 

21 (d) ADMINISTRATION.— 

22 (1) ACCOUNTABILITY.—The director of the af23 fected National Laboratory and the affected con24 tractor shall carry out an agreement under this sec25 tion in accordance with applicable policies of the DeVerDate Sep 11 2014 04:29 May 13, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1187.IS S1187

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1 partment, including by ensuring that the agreement 

2 does not compromise any national security, eco3 nomic, or environmental interest of the United 

4 States. 

5 (2) CERTIFICATION.—The director of the af6 fected National Laboratory and the affected con7 tractor shall certify that each activity carried out 

8 under a project for which an agreement is entered 

9 into under this section does not present, or mini10 mizes, any apparent conflict of interest, and avoids 

11 or neutralizes any actual conflict of interest, as a re12 sult of the agreement under this section. 

13 (3) AVAILABILITY OF RECORDS.—On entering 

14 an agreement under this section, the director of a 

15 National Laboratory shall submit to the Secretary 

16 for monitoring and review all records of the National 

17 Laboratory relating to the agreement. 

18 (4) RATES.—The director of a National Lab19 oratory may charge higher rates for services per20 formed under a partnership agreement entered into 

21 pursuant to this section, regardless of the full cost 

22 of recovery, if the funds are exclusively used to sup23 port further research and development activities at 

24 the applicable National Laboratory. 


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1 (e) CONFORMING AMENDMENT.—Section 12 of the 

2 Stevenson-Wydler Technology Innovation Act of 1980 (15 

3 U.S.C. 3710a) is amended— 

4 (1) in subsection (a)— 

5 (A) by redesignating paragraphs (1) and 

6 (2) as subparagraphs (A) and (B), respectively, 

7 and indenting the subparagraphs appropriately; 

8 (B) by striking ‘‘Each Federal agency’’ 

9 and inserting the following: 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), each Federal agency’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

14 (1), in accordance with section 202(a) of the Amer15 ica INNOVATES Act, approval by the Secretary of 

16 Energy shall not be required for any technology 

17 transfer agreement proposed to be entered into by a 

18 National Laboratory of the Department of Energy, 

19 the total cost of which (including the National Lab20 oratory contributions and project recipient cost 

21 share) is less than $1,000,000.’’; and 

22 (2) in subsection (b), by striking ‘‘subsection 

23 (a)(1)’’ each place it appears and inserting ‘‘sub24 section (a)(1)(A)’’. 


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1 SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEM2 ONSTRATION IN AUTHORIZED TECHNOLOGY 

3 TRANSFER ACTIVITIES. 

4 Section 1001 of the Energy Policy Act of 2005 (42 

5 U.S.C. 16391) is amended— 

6 (1) by redesignating subsection (g) as sub7 section (h); and 

8 (2) by inserting after subsection (f) the fol9 lowing: 

10 ‘‘(g) EARLY-STAGE TECHNOLOGY DEMONSTRA11 TION.—The Secretary shall permit the directors of the Na12 tional Laboratories to use funds authorized to support 

13 technology transfer within the Department to carry out 

14 early-stage and precommercial technology demonstration 

15 activities to remove technology barriers that limit private 

16 sector interest and demonstrate potential commercial ap17 plications of any research and technologies arising from 

18 National Laboratory activities.’’. 

19 SEC. 204. INFORMATION AND RESOURCES FOR STARTUPS 

20 AND SMALL BUSINESSES. 

21 Section 9 of the Small Business Act (15 U.S.C. 638) 

22 is amended by adding at the end the following: 

23 ‘‘(tt) INFORMATION.—In carrying out the SBIR and 

24 STTR programs of the Department of Energy, the Sec25 retary of Energy shall provide to small business concerns 

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1 cerning resources that are available to small business con2 cerns at National Laboratories and federally funded re3 search and development centers.’’. 

4 SEC. 205. FUNDING COMPETITIVENESS FOR INSTITUTIONS 

5 OF HIGHER EDUCATION AND OTHER NON6 PROFIT INSTITUTIONS. 

7 Section 988(b) of the Energy Policy Act of 2005 (42 

8 U.S.C. 16352(b)) is amended— 

9 (1) in paragraph (1), by striking ‘‘Except as 

10 provided in paragraphs (2) and (3)’’ and inserting 

11 ‘‘Except as provided in paragraphs (2), (3), and 

12 (4)’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGH15 ER EDUCATION AND OTHER NONPROFIT INSTITU16 TIONS.— 

17 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

18 not apply to a research or development activity 

19 performed by an institution of higher education 

20 or nonprofit institution (as defined in section 4 

21 of the Stevenson-Wydler Technology Innovation 

22 Act of 1980 (15 U.S.C. 3703)). 

23 ‘‘(B) TERMINATION DATE.—The exemp24 tion under subparagraph (A) shall apply during 


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1 the 6-year period beginning on the date of en2 actment of this paragraph.’’. 

3 TITLE III—ASSESSMENT OF 

4 IMPACT 

5 SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OF6 FICE. 

7 Not later than 3 years after the date of enactment 

8 of this Act, the Comptroller General of the United States 

9 shall submit to Congress a report— 

10 (1) describing the results of the projects devel11 oped under sections 201, 202, and 203, including in12 formation regarding— 

13 (A) partnerships initiated as a result of 

14 those projects and the potential linkages pre15 sented by those partnerships with respect to na16 tional priorities and other taxpayer-funded re17 search; and 

18 (B) whether the activities carried out 

19 under those projects result in— 

20 (i) fiscal savings; 

21 (ii) expansion of National Laboratory 

22 capabilities; 

23 (iii) increased efficiency of technology 

24 transfers; or 


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1 (iv) an increase in general efficiency 

2 of the National Laboratory system; 

3 (2) assessing the scale, scope, efficacy, and im4 pact of the efforts of the Department to promote 

5 technology transfer and private sector engagement 

6 at the National Laboratories; and 

7 (3) making recommendations on ways in which 

8 the Department could improve the activities de9 scribed under paragraph (1). 

Æ 


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