[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1187 Introduced in Senate (IS)]
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.
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. 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.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--
(A) In general.--The term ``National Laboratory''
means a nonmilitary national laboratory owned by the
Department.
(B) Inclusions.--The term ``National Laboratory''
includes--
(i) Ames Laboratory;
(ii) Argonne National Laboratory;
(iii) Brookhaven National Laboratory;
(iv) Fermi National Accelerator Laboratory;
(v) Idaho National Laboratory;
(vi) Lawrence Berkeley National Laboratory;
(vii) National Energy Technology
Laboratory;
(viii) National Renewable Energy
Laboratory;
(ix) Oak Ridge National Laboratory;
(x) Pacific Northwest National Laboratory;
(xi) Princeton Plasma Physics Laboratory;
(xii) Savannah River National Laboratory;
(xiii) Stanford Linear Accelerator Center;
(xiv) Thomas Jefferson National Accelerator
Facility; and
(xv) any laboratory operated by the
National Nuclear Security Administration, with
respect to the civilian energy activities
conducted at the laboratory.
(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 AND TRANSITIONS ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives a report
that includes--
(1) an assessment of the ability of the Department 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 Director of the Office of Technology
Transitions; and
(2) recommendations for policy changes for the Department
and legislative changes to section 1001 of the Energy Policy
Act of 2005 (42 U.S.C. 16391) to improve the ability of the
Department to successfully transfer new energy technologies to
the private sector.
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) Reports.--
(1) Initial 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 Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House of
Representatives 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) Annual reports.--Annually, the Secretary, in
coordination with the directors of the National Laboratories,
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a 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 entered into under
this section.
SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) through (d), 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) Limitation.--Subsection (a) does not apply to an agreement with
a majority-foreign-owned company.
(d) 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 the funds are exclusively used to
support further research and development activities at the
applicable National Laboratory.
(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 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--
(1) by redesignating subsection (g) as subsection (h); and
(2) by 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 precommercial 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. 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--
(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;
(2) assessing the scale, scope, efficacy, and impact of the
efforts of the Department to promote technology transfer and
private sector engagement at the National Laboratories; and
(3) making recommendations on ways in which the Department
could improve the activities described under paragraph (1).
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