Sec. 812. DOE public-private partnerships for commercialization
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/bill/116/hr/5685/ih/section-812·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsections
(b)and (c), the Secretary of Energy 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, if such an agreement falls within the scope of— a strategic plan for the National Laboratory that has been approved by the Department of Energy; or the most recent congressionally approved budget for Department of Energy activities to be carried out by the National Laboratory. Subsection
(a)applies to— a cooperative research and development agreement; a non-Federal work-for-others agreement; and any other agreement determined to be appropriate by the Secretary of Energy, in collaboration with the directors of the National Laboratories. 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 of Energy, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. 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. Within 30 days of entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary of Energy for monitoring and review all records of the National Laboratory relating to the agreement. 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. This section does not apply to any agreement with a majority foreign-owned company. Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ) is amended— in subsection (a)— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively; by striking Each Federal agency and inserting the following: Except as provided in paragraph (2), each Federal agency ; and by adding at the end the following: Notwithstanding paragraph (1), in accordance with section 813(a) of the Securing American Leadership in Science and Technology Act of 2020 , 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 in subsection (b), by striking subsection (a)(1) each place it appears and inserting subsection (a)(1)(A) . Nothing in this section or an amendment made by this section abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department of Energy.
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Sec. 812
DOE public-private partnerships for commercialization
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