```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5120 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5120

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2014

 Mr. Hultgren (for himself, Mr. Kilmer, Mr. Smith of Texas, Ms. Eddie 
Bernice Johnson of Texas, Mrs. Lummis, Mr. Swalwell of California, Mr. 
  Nunnelee, and Mr. Fattah) introduced the following bill; which was 
      referred to the Committee on Science, Space, and Technology

_______________________________________________________________________

                                 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 ``Department of 
Energy Laboratory Modernization and Technology Transfer Act of 2014''.
    (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. Technology transfer assessment.
Sec. 103. Sense of Congress.
     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. Funding competitiveness for institutions of higher education 
                            and other nonprofit institutions.
Sec. 205. Participation in the Innovation Corps program.
                    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 laboratories.--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. 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. TECHNOLOGY TRANSFER ASSESSMENT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall transmit 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 which shall include--
            (1) an assessment of the Department's current ability to 
        carry out the goals of section 1001 of the Energy Policy Act of 
        2005 (42 U.S.C. 16391), including an assessment of the role and 
        effectiveness of the Technology Transfer Coordinator position; 
        and
            (2) recommended departmental policy changes and legislative 
        changes to section 1001 of the Energy Policy Act of 2005 (42 
        U.S.C. 16391) to improve the Department's ability to 
        successfully transfer new energy technologies to the private 
        sector.

SEC. 103. SENSE OF CONGRESS.

    It is the sense of the Congress 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;
            (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; 
                        and
            (3) the Secretary should encourage the National 
        Laboratories and federally funded research and development 
        centers to inform small businesses of the opportunities and 
        resources that exist pursuant to this Act.

     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 a non-Federal entity, including a non-Federal 
        entity already receiving Federal funding that will be used to 
        support activities under agreements executed pursuant to 
        paragraph (1), provided that such funding is solely used to 
        carry out the purposes of the Federal award.
            (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 2 years after the date of enactment of 
this Act.
    (g) Reports.--
            (1) Overall assessment.--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--
                    (A) assesses the overall effectiveness of the pilot 
                program referred to in subsection (a);
                    (B) identifies opportunities to improve the 
                effectiveness of the pilot program;
                    (C) assesses the potential for program activities 
                to interfere with the responsibilities of the National 
                Laboratories to the Department; and
                    (D) provides a recommendation regarding the future 
                of the pilot program.
            (2) Transparency.--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 an annual report that accounts for all 
        incidences of, and provides a justification for, non-Federal 
        entities using funds derived from a Federal contract or award 
        to carry out agreements pursuant to this section.

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, if such funds are used exclusively 
        to support further research and development activities at the 
        respective National Laboratory.
    (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 Department of Energy 
        Laboratory Modernization and Technology Transfer Act of 2014, 
        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 
authorized to support 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.''.

SEC. 204. 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.''.

SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.

    The Secretary may enter into an agreement with the Director of the 
National Science Foundation to enable researchers funded by the 
Department to participate in the National Science Foundation Innovation 
Corps program.

                    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--
            (1) describing the results of the projects developed under 
        sections 201, 202, and 203, including information regarding--
                    (A) 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
                    (B) whether the activities carried out under those 
                projects result in--
                            (i) fiscal savings;
                            (ii) expansion of National Laboratory 
                        capabilities;
                            (iii) increased efficiency of technology 
                        transfers; or
                            (iv) an increase in general efficiency of 
                        the National Laboratory system; and
            (2) assess the scale, scope, efficacy, and impact of the 
        Department's efforts to promote technology transfer and private 
        sector engagement at the National Laboratories, and make 
        recommendations on how the Department can improve these 
        activities.
                                 <all>
```