[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Pages S368-S369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3097. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 359, strike line 7 and insert the following:

     SEC. 4204. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.

       (a) Definition of National Laboratory.--
       (1) In general.--In this section, the term ``National 
     Laboratory'' means a nonmilitary national laboratory owned by 
     the Department.
       (2) Inclusions.--The term ``National Laboratory'' 
     includes--
       (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;

[[Page S369]]

       (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, with respect to the civilian energy 
     activities conducted at the laboratory.
       (b) Public-private Partnerships for Commercialization.--
       (1) In general.--Subject to paragraphs (2) through (4), the 
     Secretary shall delegate to directors of the National 
     Laboratories signature authority with respect to any 
     agreement described in paragraph (2) the total cost of which 
     (including the National Laboratory contributions and project 
     recipient cost share) is less than $1,000,000, if the 
     agreement falls within the scope of--
       (A) a strategic plan for the National Laboratory that has 
     been approved by the Department; or
       (B) the most recent congressionally approved budget for 
     Department activities to be carried out by the National 
     Laboratory.
       (2) Agreements.--Paragraph (1) applies to--
       (A) a cooperative research and development agreement;
       (B) a non-Federal work-for-others agreement; and
       (C) any other agreement determined to be appropriate by the 
     Secretary, in collaboration with the directors of the 
     National Laboratories.
       (3) Limitation.--Paragraph (1) does not apply to an 
     agreement with a majority-foreign-owned company.
       (4) Administration.--
       (A) Accountability.--The director of the affected National 
     Laboratory and the affected contractor shall carry out an 
     agreement under this subsection 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.
       (B) 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 subsection 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 subsection.
       (C) Availability of records.--On entering an agreement 
     under this subsection, 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.
       (D) Rates.--The director of a National Laboratory may 
     charge higher rates for services performed under a 
     partnership agreement entered into pursuant to this 
     subsection, 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.
       (5) Conforming amendment.--Section 12 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is 
     amended--
       (A) in subsection (a)--
       (i) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting the 
     subparagraphs appropriately;
       (ii) by striking ``Each Federal agency'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), 
     each Federal agency''; and
       (iii) by adding at the end the following:
       ``(2) Exception.--Notwithstanding paragraph (1), in 
     accordance with section 4204(b)(1) of the Energy Policy 
     Modernization Act of 2015, 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
       (B) in subsection (b), by striking ``subsection (a)(1)'' 
     each place it appears and inserting ``subsection (a)(1)(A)''.
       (c) Savings Clause.--Nothing in this section abrogates or 
     otherwise affects the primary responsibilities of any 
     National Laboratory to the Department.

     SEC. 4205. MICROLAB TECHNOLOGY COMMERCIALIZATION.

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