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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5907 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5907

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2018

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
 To provide directors of the National Laboratories signature authority 
            for certain agreements, 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 ``National Innovation Modernization by 
Laboratory Empowerment Act'' or the ``NIMBLE Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) National laboratory.--The term ``National Laboratory'' 
        means a Department of Energy nonmilitary national laboratory, 
        including--
                    (A) Ames Laboratory;
                    (B) Argonne National Laboratory;
                    (C) Brookhaven National Laboratory;
                    (D) Fermi National Accelerator Laboratory;
                    (E) Idaho National Laboratory;
                    (F) Lawrence Berkeley National Laboratory;
                    (G) National Energy Technology Laboratory;
                    (H) National Renewable Energy Laboratory;
                    (I) Oak Ridge National Laboratory;
                    (J) Pacific Northwest National Laboratory;
                    (K) Princeton Plasma Physics Laboratory;
                    (L) Savannah River National Laboratory;
                    (M) Stanford Linear Accelerator Center;
                    (N) Thomas Jefferson National Accelerator Facility; 
                and
                    (O) any laboratory operated by the National Nuclear 
                Security Administration, but only with respect to the 
                civilian energy activities thereof.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. 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 million, if such an 
agreement falls within the scope of--
            (1) a strategic plan for the National Laboratory that has 
        been approved by the Department; or
            (2) the most recent congressionally approved budget for 
        Department activities to be carried out by the National 
        Laboratory.
    (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.--Within 30 days of 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, if such funds are used exclusively 
        to support further research and development activities at the 
        respective National Laboratory.
    (d) Exception.--This section does not apply to any agreement with a 
majority foreign-owned company.
    (e) 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 3(a) of the NIMBLE 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 million.''; and
            (2) in subsection (b), by striking ``subsection (a)(1)'' 
        each place it appears and inserting ``subsection (a)(1)(A)''.

SEC. 4. 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.

            Passed the House of Representatives June 27, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```