Title II — Cross-sector partnerships and grant competitiveness

S. 1973 · 113th Congress · Jan 29, 2014 · Lineage

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)

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 Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that—

(1)

assesses the overall effectiveness of the pilot program referred to in subsection (a);

(2)

identifies opportunities to improve the effectiveness of the pilot program;

(3)

assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and

(4)

provides a recommendation regarding the future of the pilot program.

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.

(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”

(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.”

(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 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 needs.”

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.”