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Union Calendar No. 610 

115TH CONGRESS 

2D SESSION H. R. 5907 

[Report No. 115–788] 

To provide directors of the National Laboratories signature authority for 

certain agreements, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2018 

Mr. HULTGREN (for himself, Mr. PERLMUTTER, Mr. SMITH of Texas, Mr. 

LUCAS, Mr. WEBER of Texas, Mr. KNIGHT, Mr. DUNN, Mr. NORMAN, 

Mr. BABIN, Mr. HIGGINS of Louisiana, Mrs. LESKO, and Mr. BEN RAY

LUJA ́N of New Mexico) introduced the following bill; which was referred 

to the Committee on Science, Space, and Technology 

JUNE 27, 2018 

Additional sponsor: Mr. ABRAHAM

JUNE 27, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To provide directors of the National Laboratories signature 

authority for certain agreements, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Innovation 

5 Modernization by Laboratory Empowerment Act’’ or the 

6 ‘‘NIMBLE Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) DEPARTMENT.—The term ‘‘Department’’ 

10 means the Department of Energy. 

11 (2) NATIONAL LABORATORY.—The term ‘‘Na12 tional Laboratory’’ means a Department of Energy 

13 nonmilitary national laboratory, including— 

14 (A) Ames Laboratory; 

15 (B) Argonne National Laboratory; 

16 (C) Brookhaven National Laboratory; 

17 (D) Fermi National Accelerator Labora18 tory; 

19 (E) Idaho National Laboratory; 

20 (F) Lawrence Berkeley National Labora21 tory; 

22 (G) National Energy Technology Labora23 tory; 

24 (H) National Renewable Energy Labora25 tory; 


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1 (I) Oak Ridge National Laboratory; 

2 (J) Pacific Northwest National Labora3 tory; 

4 (K) Princeton Plasma Physics Laboratory; 

5 (L) Savannah River National Laboratory; 

6 (M) Stanford Linear Accelerator Center; 

7 (N) Thomas Jefferson National Accel8 erator Facility; and 

9 (O) any laboratory operated by the Na10 tional Nuclear Security Administration, but 

11 only with respect to the civilian energy activities 

12 thereof. 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Energy. 

15 SEC. 3. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMER16 CIALIZATION. 

17 (a) IN GENERAL.—Subject to subsections (b) and (c), 

18 the Secretary shall delegate to directors of the National 

19 Laboratories signature authority with respect to any 

20 agreement described in subsection (b) the total cost of 

21 which (including the National Laboratory contributions 

22 and project recipient cost share) is less than $1,000,000, 

23 if such an agreement falls within the scope of— 

24 (1) a strategic plan for the National Laboratory 

25 that has been approved by the Department; or 


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1 (2) the most recent congressionally approved 

2 budget for Department activities to be carried out by 

3 the National Laboratory. 

4 (b) AGREEMENTS.—Subsection (a) applies to— 

5 (1) a cooperative research and development 

6 agreement; 

7 (2) a non-Federal work-for-others agreement; 

8 and 

9 (3) any other agreement determined to be ap10 propriate by the Secretary, in collaboration with the 

11 directors of the National Laboratories. 

12 (c) ADMINISTRATION.— 

13 (1) ACCOUNTABILITY.—The director of the af14 fected National Laboratory and the affected con15 tractor shall carry out an agreement under this sec16 tion in accordance with applicable policies of the De17 partment, including by ensuring that the agreement 

18 does not compromise any national security, eco19 nomic, or environmental interest of the United 

20 States. 

21 (2) CERTIFICATION.—The director of the af22 fected National Laboratory and the affected con23 tractor shall certify that each activity carried out 

24 under a project for which an agreement is entered 

25 into under this section does not present, or miniVerDate Sep 11 2014 20:48 Jun 27, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5907.RH H5907

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1 mizes, any apparent conflict of interest, and avoids 

2 or neutralizes any actual conflict of interest, as a re3 sult of the agreement under this section. 

4 (3) AVAILABILITY OF RECORDS.—Within 30 

5 days of entering an agreement under this section, 

6 the director of a National Laboratory shall submit 

7 to the Secretary for monitoring and review all 

8 records of the National Laboratory relating to the 

9 agreement. 

10 (4) RATES.—The director of a National Lab11 oratory may charge higher rates for services per12 formed under a partnership agreement entered into 

13 pursuant to this section, regardless of the full cost 

14 of recovery, if such funds are used exclusively to 

15 support further research and development activities 

16 at the respective National Laboratory. 

17 (d) EXCEPTION.—This section does not apply to any 

18 agreement with a majority foreign-owned company. 

19 (e) CONFORMING AMENDMENT.—Section 12 of the 

20 Stevenson-Wydler Technology Innovation Act of 1980 (15 

21 U.S.C. 3710a) is amended— 

22 (1) in subsection (a)— 

23 (A) by redesignating paragraphs (1) and 

24 (2) as subparagraphs (A) and (B), respectively, 

25 and indenting the subparagraphs appropriately; 


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1 (B) by striking ‘‘Each Federal agency’’ 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), each Federal agency’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

7 (1), in accordance with section 3(a) of the NIMBLE 

8 Act, approval by the Secretary of Energy shall not 

9 be required for any technology transfer agreement 

10 proposed to be entered into by a National Labora11 tory of the Department of Energy, the total cost of 

12 which (including the National Laboratory contribu13 tions and project recipient cost share) is less than 

14 $1,000,000.’’; and 

15 (2) in subsection (b), by striking ‘‘subsection 

16 (a)(1)’’ each place it appears and inserting ‘‘sub17 section (a)(1)(A)’’. 

18 SEC. 4. SAVINGS CLAUSE. 

19 Nothing in this Act or an amendment made by this 

20 Act abrogates or otherwise affects the primary responsibil21 ities of any National Laboratory to the Department. 


sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 610 

115TH CONGRESS 

2D SESSION H. R. 5907 

[Report No. 115–788] 

A BILL 

To provide directors of the National Laboratories 

for other purposes. signature authority for certain agreements, and 

JUNE 27, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


sradovich on DSK3GMQ082PROD with BILLS