[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.
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