IIB 

115TH CONGRESS 

2D SESSION H. R. 5907 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2018 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To provide directors of the National Laboratories signature 

authority for certain agreements, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Modernization by Laboratory Empowerment Act’’ or the 

4 ‘‘NIMBLE Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

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

8 means the Department of Energy. 

9 (2) NATIONAL LABORATORY.—The term ‘‘Na10 tional Laboratory’’ means a Department of Energy 

11 nonmilitary national laboratory, including— 

12 (A) Ames Laboratory; 

13 (B) Argonne National Laboratory; 

14 (C) Brookhaven National Laboratory; 

15 (D) Fermi National Accelerator Labora16 tory; 

17 (E) Idaho National Laboratory; 

18 (F) Lawrence Berkeley National Labora19 tory; 

20 (G) National Energy Technology Labora21 tory; 

22 (H) National Renewable Energy Labora23 tory; 

24 (I) Oak Ridge National Laboratory; 

25 (J) Pacific Northwest National Labora26 tory; 


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1 (K) Princeton Plasma Physics Laboratory; 

2 (L) Savannah River National Laboratory; 

3 (M) Stanford Linear Accelerator Center; 

4 (N) Thomas Jefferson National Accel5 erator Facility; and 

6 (O) any laboratory operated by the Na7 tional Nuclear Security Administration, but 

8 only with respect to the civilian energy activities 

9 thereof. 

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

11 the Secretary of Energy. 

12 SEC. 3. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMER13 CIALIZATION. 

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

15 the Secretary shall delegate to directors of the National 

16 Laboratories signature authority with respect to any 

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

18 which (including the National Laboratory contributions 

19 and project recipient cost share) is less than $1 million, 

20 if such an agreement falls within the scope of— 

21 (1) a strategic plan for the National Laboratory 

22 that has been approved by the Department; or 

23 (2) the most recent congressionally approved 

24 budget for Department activities to be carried out by 

25 the National Laboratory. 


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

2 (1) a cooperative research and development 

3 agreement; 

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

5 and 

6 (3) any other agreement determined to be ap7 propriate by the Secretary, in collaboration with the 

8 directors of the National Laboratories. 

9 (c) ADMINISTRATION.— 

10 (1) ACCOUNTABILITY.—The director of the af11 fected National Laboratory and the affected con12 tractor shall carry out an agreement under this sec13 tion in accordance with applicable policies of the De14 partment, including by ensuring that the agreement 

15 does not compromise any national security, eco16 nomic, or environmental interest of the United 

17 States. 

18 (2) CERTIFICATION.—The director of the af19 fected National Laboratory and the affected con20 tractor shall certify that each activity carried out 

21 under a project for which an agreement is entered 

22 into under this section does not present, or mini23 mizes, any apparent conflict of interest, and avoids 

24 or neutralizes any actual conflict of interest, as a re25 sult of the agreement under this section. 


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1 (3) AVAILABILITY OF RECORDS.—Within 30 

2 days of entering an agreement under this section, 

3 the director of a National Laboratory shall submit 

4 to the Secretary for monitoring and review all 

5 records of the National Laboratory relating to the 

6 agreement. 

7 (4) RATES.—The director of a National Lab8 oratory may charge higher rates for services per9 formed under a partnership agreement entered into 

10 pursuant to this section, regardless of the full cost 

11 of recovery, if such funds are used exclusively to 

12 support further research and development activities 

13 at the respective National Laboratory. 

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

15 agreement with a majority foreign-owned company. 

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

17 Stevenson-Wydler Technology Innovation Act of 1980 (15 

18 U.S.C. 3710a) is amended— 

19 (1) in subsection (a)— 

20 (A) by redesignating paragraphs (1) and 

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

22 and indenting the subparagraphs appropriately; 

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

24 and inserting the following: 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), each Federal agency’’; and 

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

4 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

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

6 Act, approval by the Secretary of Energy shall not 

7 be required for any technology transfer agreement 

8 proposed to be entered into by a National Labora9 tory of the Department of Energy, the total cost of 

10 which (including the National Laboratory contribu11 tions and project recipient cost share) is less than 

12 $1 million.’’; and 

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

14 (a)(1)’’ each place it appears and inserting ‘‘sub15 section (a)(1)(A)’’. 

16 SEC. 4. SAVINGS CLAUSE. 

17 Nothing in this Act or an amendment made by this 

18 Act abrogates or otherwise affects the primary responsibil19 ities of any National Laboratory to the Department. 

Passed the House of Representatives June 27, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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