,,ii #aadth ,,congress #ast ,session ,s4 #aahg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #d1 #bjae,mr4 ,coons 7for himself1 ,mr4 ,rubio1 ,mr4 ,durbin1 and ,mr4 ,kirk7 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 ,technology transfer and transitions assessment4 ,,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 7,a7 ,in general ,the term ,national ,laboratory means a nonmilitary national laboratory owned by the ,department4 7,b7 ,inclusions ,the term ,national ,laboratory includes-- 7i7 ,ames ,laboratory2 7ii7 ,argonne ,national ,laboratory2 7iii7 ,brookhaven ,national ,laboratory2 7iv7 ,fermi ,national ,accelerator ,laboratory2 7v7 ,idaho ,national ,laboratory2 7vi7 ,lawrence ,berkeley ,national ,laboratory2 7vii7 ,national ,energy ,technology ,laboratory2 7viii7 ,national ,renewable ,energy ,laboratory2 7ix7 ,oak ,ridge ,national ,laboratory2 7x7 ,pacific ,northwest ,national ,laboratory2 7xi7 ,princeton ,plasma ,physics ,laboratory2 7xii7 ,savannah ,river ,national ,laboratory2 7xiii7 ,stanford ,linear ,accelerator ,center2 7xiv7 ,thomas ,jefferson ,national ,accelerator ,facility2 and 7xv7 any laboratory operated by the ,national ,nuclear ,security ,administration1 with respect to the civilian energy activities conducted at the laboratory4 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 ,technology transfer and transitions assessment ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that includes-- 7#a7 an assessment of the ability of the ,department to carry out the goals of section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia71 including an assessment of the role and effectiveness of the ,director of the ,office of ,technology ,transitions2 and 7#b7 recommendations for policy changes for the ,department and legislative changes to section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 to improve the ability of the ,department to successfully transfer new energy technologies to the private sector4 ,,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 ,reports 7#a7 ,initial 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 ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives 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 7#b7 ,annual reports ,annually1 the ,secretary1 in coordination with the directors of the ,national ,laboratories1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that accounts for all incidences of1 and provides a justification for1 non-,federal entities using funds derived from a ,federal contract or award to carry out agreements entered into under this section4 #bjb4 ,public-private partnerships for commercialization 7a7 ,in general ,subject to subsections 7b7 through 7d71 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 ,limitation ,subsection 7a7 does not apply to an agreement with a majority-foreign-owned company4 7d7 ,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 recovery1 if the funds are exclusively used to support further research and development activities at the applicable ,national ,laboratory4 7e7 ,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-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,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 activities4 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-- 7#a7 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-- 7i7 fiscal savings2 7ii7 expansion of ,national ,laboratory capabilities2 7iii7 increased efficiency of technology transfers2 or 7iv7 an increase in general efficiency of the ,national ,laboratory system2 7#b7 assessing the scale1 scope1 efficacy1 and impact of the efforts of the ,department to promote technology transfer and private sector engagement at the ,national ,laboratories2 and 7#c7 making recommendations on ways in which the ,department could improve the activities described under paragraph 7#a74