,,ii  #aacth ,,congress  #b;d ,session  
,s4 #aigc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #bi1  
#bjad,mr4 ,coons 7for himself and ,mr4  
,rubio7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,energy and ,natural     
,resources  ,a ,,bill  ,to improve      
management of the ,national             
,laboratories1 enhance technology       
commercialization1 facilitate           
public-private partnerships1 and for    
other purposes4  #a4 ,short title2 table
 of contents  7a7 ,short title ,this    
,act may be cited as the ,america       
,implementing ,new ,national            
,opportunities ,to ,vigorously          
,accelerate ,technology1 ,energy1 and   
,science ,act or the ,america           
,,innovates ,act4  7b7 ,table of        
contents ,the table of contents of this 
,act is as follows3 ,sec4 #a4 ,short    
title2 table of contents4,sec4 #b4      
,definitions4,sec4 #c4 ,savings         
clause4,,title ,i--,innovation          

management at ,department of            
,energy,sec4 #aja4 ,under ,secretary for
 ,science and ,energy4,sec4 #ajb4       
,national ,laboratories operations and  
performance management4,sec4 #ajc4      
,sense of ,senate on an integrated      
strategy for ,national ,laboratories in 
the #bast century4,,title               
,,ii--,cross-sector partnerships and    
grant competitiveness,sec4 #bja4        
,agreements for ,commercializing        
,technology pilot program4,sec4 #bjb4   
,public-private partnerships for        
commercialization4,sec4 #bjc4 ,inclusion
 of early-stage technology demonstration
 in authorized technology transfer      
activities4,sec4 #bjd4 ,information and 
resources for startups and small        
businesses4,sec4 #bje4 ,funding         
competitiveness for institutions of     
higher education and other nonprofit    
institutions4,,title ,,iii--,assessment 
of impact,sec4 #cja4 ,report by         
,government ,accountability ,office4    
#b4 ,definitions ,in this ,act3 7#a7    

,department ,the term ,department means 
the ,department of ,energy4  7#b7       
,national ,laboratory ,the term         
,national ,laboratory has the meaning   
given the term in section #b of the     
,energy ,policy ,act of #bjje 7#db      
,u4,s4,c4 #aehja74  7#c7 ,secretary ,the
 term ,secretary means the ,secretary of
 ,energy4  #c4 ,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            
,department4  ,i ,innovation management 
at ,department of ,energy  #aja4 ,under 
,secretary for ,science and ,energy  7a7
 ,in general ,section #bjb7;b7 of the   
,department of ,energy ,organization    
,act 7#db ,u4,s4,c4 #gacb7;b77 is       
amended-- 7#a7 by striking ,under       
,secretary for ,science each place it   
appears and inserting ,under ,secretary 
for ,science and ,energy2 and  7#b7 in  
paragraph 7#d7-- 7,a7 in subparagraph   
7,f71 by striking and at the end2  7,b7 

in subparagraph 7,g71 by striking the   
period at the end and inserting a       
semicolon2 and  7,c7 by inserting after 
subparagraph 7,g7 the following3  7,h7  
establish appropriate linkages between  
offices under the jurisdiction of the   
,under ,secretary2 and  7,i7 perform    
such functions and duties as the        
,secretary shall prescribe1 consistent  
with this section4  4  7b7 ,conforming  
amendments  7#a7 ,section #cafd7;b77#a7 
of the ,department of ,energy ,science  
,education ,enhancement ,act 7#db       
,u4,s4,c4 #gcha;a7b77#a77 is amended by 
striking ,under ,secretary for ,science 
and inserting ,under ,secretary for     
,science and ,energy4  7#b7 ,section    
#fda7;h77#b7 of the ,united ,states     
,energy ,storage ,competitiveness ,act  
of #bjjg 7#db ,u4,s4,c4 #agbca7;h77#b77 
is amended by striking ,under ,secretary
 for ,science and inserting ,under      
,secretary for ,science and ,energy4    
#ajb4 ,national ,laboratories operations
 and performance management  7a7 ,in    

general ,the ,secretary shall ensure    
that the following duties and           
responsibilities are carried out through
 one or more appropriate statutory or   
administrative entities3 7#a7           
,evaluation1 coordination1 and promotion
 of transfer of ,national ,laboratory   
research and development results to the 
market in collaboration with the        
,technology ,transfer ,coordinator4     
7#b7 ,submission to the ,secretary of   
reports describing recommendations for  
best practices for the ,national        
,laboratories including1 with respect to
 management and operations procedures1  
conflict of interest regulations1       
engagement with the private sector1 and 
technology transfer methodologies4  7#c7
 ,implementation of other duties1 as the
 ,secretary determines appropriate1 to  
improve the operations and performance  
of the ,national ,laboratories4  7b7    
,reporting ,the ,secretary1 in          
consultation with the appropriate       
committees of ,congress1 shall provide  

an annual update on progress made in    
carrying out subsection 7a71 including  
the improvement of ,national ,laboratory
 operations and performance and         
strategic departmental and ,national    
,laboratory coordination4  #ajc4 ,sense 
of ,senate on an integrated strategy for
 ,national ,laboratories in the #bast   
century ,it is the sense of the ,senate 
that-- 7#a7 the establishment of the    
independent ,commission to ,review the  
,effectiveness of the ,national ,energy 
,laboratories under section #cai of     
title ,,iii of division ,d of the       
,consolidated ,appropriations ,act1     
#bjad1 is an important step towards     
developing a coordinated strategy for   
the ,national ,laboratories in the #bast
 century2 and  7#b7 ,congress looks     
forward to-- 7,a7 receiving the findings
 and conclusions of the ,commission2 and
  7,b7 engaging with the                
,administration-- 7i7 in strengthening  
the mission of the ,national            
,laboratories2 and  7ii7 to reform and  

modernize the operations and management 
of the ,national ,laboratories4  ,,ii   
,cross-sector partnerships and grant    
competitiveness  #bja4 ,agreements for  
,commercializing ,technology pilot      
program  7a7 ,in general ,the ,secretary
 shall carry out the ,agreements for    
,commercializing ,technology pilot      
program of the ,department1 as announced
 by the ,secretary on ,december #h1     
#bjaa1 in accordance with this section4 
7b7 ,terms ,each agreement entered into 
pursuant to the pilot program referred  
to in subsection 7a7 shall provide to   
the contractor of the applicable        
,national ,laboratory1 to the maximum   
extent determined to be appropriate by  
the ,secretary1 increased authority to  
negotiate contract terms1 such as       
intellectual property rights1           
indemnification1 payment structures1    
performance guarantees1 and multiparty  
collaborations4  7c7 ,eligibility  7#a7 
,in general ,notwithstanding any other  
provision of law 7including             

regulations71 any ,national ,laboratory 
may enter into an agreement pursuant to 
the pilot program referred to in        
subsection 7a74  7#b7 ,agreements with  
non-,federal entities ,to carry out     
paragraph 7#a7 and subject to paragraph 
7#c71 the ,secretary shall permit the   
directors of the ,national ,laboratories
 to execute agreements with non-,federal
 entities1 including non-,federal       
entities already receiving ,federal     
funding that will be used to support    
activities under agreements executed    
pursuant to paragraph 7#a74  7#c7       
,restriction ,the requirements of       
chapter #ah of title #ce1 ,united       
,states ,code 7commonly known as the    
,bayh-,dole ,act7 shall apply if-- 7,a7 
the agreement is a funding agreement 7as
 that term is defined in section #bja of
 that title72 and  7,b7 at least #a of  
the parties to the funding agreement is 
eligible to receive rights under that   
chapter4  7d7 ,submission to ,secretary 
,each affected director of a ,national  

,laboratory shall submit to the         
,secretary1 with respect to each        
agreement entered into under this       
section-- 7#a7 a summary of information 
relating to the relevant project2  7#b7 
the total estimated costs of the        
project2  7#c7 estimated commencement   
and completion dates of the project2 and
  7#d7 other documentation determined to
 be appropriate by the ,secretary4  7e7 
,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-- 7#a7  
is not in direct competition with the   
private sector2 and  7#b7 does not      
present1 or minimizes1 any apparent     
conflict of interest1 and avoids or     
neutralizes any actual conflict of      
interest1 as a result of the agreement  
under this section4  7f7 ,extension ,the
 pilot program referred to in subsection
 7a7 shall be extended for a term of #c 

years after the date of enactment of    
this ,act4  7g7 ,report ,not later than 
#fj days after the date described in    
subsection 7f71 the ,secretary1 in      
coordination with directors of the      
,national ,laboratories1 shall submit to
 the ,committee on ,science1 ,space1 and
 ,technology of the ,house of           
,representatives and the ,committee on  
,energy and ,natural ,resources of the  
,senate a report that-- 7#a7 assesses   
the overall effectiveness of the pilot  
program referred to in subsection 7a72  
7#b7 identifies opportunities to improve
 the effectiveness of the pilot program2
  7#c7 assesses the potential for       
program activities to interfere with the
 responsibilities of the ,national      
,laboratories to the ,department2 and   
7#d7 provides a recommendation regarding
 the future of the pilot program4  #bjb4
 ,public-private partnerships for       
commercialization  7a7 ,in general      
,subject to subsections 7b7 and 7c71 the
 ,secretary shall delegate to directors 

of the ,national ,laboratories signature
 authority with respect to any agreement
 described in subsection 7b7 the total  
cost of which 7including the ,national  
,laboratory contributions and project   
recipient cost share7 is less than      
#a1jjj1jjj4  7b7 ,agreements ,subsection
 7a7 applies to-- 7#a7 a cooperative    
research and development agreement2     
7#b7 a non-,federal work-for-others     
agreement2 and  7#c7 any other agreement
 determined to be appropriate by the    
,secretary1 in collaboration with the   
directors of the ,national              
,laboratories4  7c7 ,administration     
7#a7 ,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 ,department1 including by ensuring  
that the agreement does not compromise  
any national security1 economic1 or     
environmental interest of the ,united   
,states4  7#b7 ,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 present1 or minimizes1 
any apparent conflict of interest1 and  
avoids or neutralizes any actual        
conflict of interest1 as a result of the
 agreement under this section4  7#c7    
,availability of records ,on entering an
 agreement under this section1 the      
director of a ,national ,laboratory     
shall submit to the ,secretary for      
monitoring and review all records of the
 ,national ,laboratory relating to the  
agreement4  7#d7 ,rates ,the director of
 a ,national ,laboratory may charge     
higher rates for services performed     
under a partnership agreement entered   
into pursuant to this section1          
regardless of the full cost of recovery4
  7d7 ,conforming amendment ,section #ab
 of the ,stevenson-,wydler ,technology  
,innovation ,act of #aihj 7#ae ,u4,s4,c4

 #cgaj;a7 is amended-- 7#a7 in          
subsection 7a7-- 7,a7 by redesignating  
paragraphs 7#a7 and 7#b7 as             
subparagraphs 7,a7 and 7,b71            
respectively1 and indenting the         
subparagraphs appropriately2  7,b7 by   
striking ,each ,federal agency and      
inserting the following3  7#a7 ,in      
general ,except as provided in paragraph
 7#b71 each ,federal agency  2 and  7,c7
 by adding at the end the following3    
7#b7 ,exception ,notwithstanding        
paragraph 7#a71 in accordance with      
section #bjb7;a7 of the ,america        
,,innovates ,act1 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 ,energy1 the total cost  
of which 7including the ,national       
,laboratory contributions and project   
recipient cost share7 is less than      
#a1jjj1jjj4  2 and  7#b7 in subsection  
7b71 by striking subsection 7a77#a7 each

 place it appears and inserting         
subsection 7a77#a77;,a74  #bjc4         
,inclusion of early-stage technology    
demonstration in authorized technology  
transfer activities ,section #ajja of   
the ,energy ,policy ,act of #bjje 7#db  
,u4,s4,c4 #afcia7 is amended by-- 7#a7  
redesignating subsection 7g7 as         
subsection 7h72 and  7#b7 inserting     
after subsection 7f7 the following3  7g7
 ,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 needs4  4  #bjd4 
,information and resources for startups 

and small businesses ,section #i of the 
,small ,business ,act 7#ae ,u4,s4,c4    
#fch7 is amended by adding at the end   
the following3  7tt7 ,information ,in   
carrying out the ,,sbir and ,,sttr      
programs of the ,department of ,energy1 
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 centers4  4    
#bje4 ,funding competitiveness for      
institutions of higher education and    
other nonprofit institutions ,section   
#ihh7;b7 of the ,energy ,policy ,act of 
#bjje 7#db ,u4,s4,c4 #afceb7;b77 is     
amended-- 7#a7 in paragraph 7#a71 by    
striking ,except as provided in         
paragraphs 7#b7 and 7#c7 and inserting  
,except as provided in paragraphs 7#b71 
7#c71 and 7#d72 and  7#b7 by adding at  
the end the following3  7#d7 ,exemption 
for institutions of higher education and

 other nonprofit institutions  7,a7 ,in 
general ,paragraph 7#a7 shall not apply 
to a research or development activity   
performed by an institution of higher   
education or nonprofit institution 7as  
defined in section #d of the            
,stevenson-,wydler ,technology          
,innovation ,act of #aihj 7#ae ,u4,s4,c4
 #cgjc774  7,b7 ,termination date ,the  
exemption under subparagraph 7,a7 shall 
apply during the #f-year period         
beginning on the date of enactment of   
this paragraph4  4  ,,iii ,assessment of
 impact  #cja4 ,report by ,government   
,accountability ,office ,not later than 
#c years after the date of enactment of 
this ,act1 the ,comptroller ,general of 
the ,united ,states shall submit to     
,congress a report describing the       
results of the projects developed under 
sections #bja1 #bjb1 and #bjc1 including
 information regarding-- 7#a7           
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 research2 and    
7#b7 whether the activities carried out 
under those projects result in-- 7,a7   
fiscal savings2  7,b7 expansion of      
,national ,laboratory capabilities2     
7,c7 increased efficiency of technology 
transfers2 or  7,d7 an increase in      
general efficiency of the ,national     
,laboratory system4