IB 
Union Calendar No. 89 
114TH CONGRESS 
1ST SESSION H. R. 1158 
[Report No. 114–124] 
To improve management of the National Laboratories, enhance technology 
commercialization, facilitate public-private partnerships, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2015 
Mr. HULTGREN (for himself, Mr. PERLMUTTER, Mr. WEBER of Texas, Mr. 
SWALWELL of California, Mr. SMITH of Texas, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. NEWHOUSE, Mr. LIPINSKI, Mr. ROHRABACHER, 
Mr. FATTAH, Mr. NEUGEBAUER, and Mr. BEN RAY LUJA´N of New Mex-
ico) introduced the following bill; which was referred to the Committee 
on Science, Space, and Technology 
MAY 19, 2015 
Additional sponsors: Ms. ESTY and Mr. GIBSON 
MAY 19, 2015 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 27, 2015] 
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A BILL 
To improve management of the National Laboratories, en-
hance technology commercialization, facilitate public-pri-
vate partnerships, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘De-
partment of Energy Laboratory Modernization and Tech-
nology Transfer Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Savings clause. 
TITLE I—INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY 
Sec. 101. Under Secretary for Science and Energy. 
Sec. 102. Technology transfer and transitions assessment. 
Sec. 103. Sense of Congress. 
Sec. 104. Nuclear energy innovation. 
TITLE II—CROSS-SECTOR PARTNERSHIPS AND GRANT 
COMPETITIVENESS 
Sec. 201. Agreements for Commercializing Technology pilot program. 
Sec. 202. Public-private partnerships for commercialization. 
Sec. 203. Inclusion of early-stage technology demonstration in authorized tech-
nology transfer activities. 
Sec. 204. Funding competitiveness for institutions of higher education and other 
nonprofit institutions. 
Sec. 205. Participation in the Innovation Corps program. 
TITLE III—ASSESSMENT OF IMPACT 
Sec. 301. Report by Government Accountability Office. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
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(2) NATIONAL
LABORATORY.—The term ‘‘Na-
tional Laboratory’’ means a Department of Energy 
nonmilitary national laboratory, including— 
(A) Ames Laboratory; 
(B) Argonne National Laboratory; 
(C) Brookhaven National Laboratory; 
(D) Fermi National Accelerator Laboratory; 
(E) Idaho National Laboratory; 
(F) Lawrence Berkeley National Labora-
tory; 
(G) National Energy Technology Labora-
tory; 
(H) National Renewable Energy Labora-
tory; 
(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 Na-
tional Nuclear Security Administration, but 
only with respect to the civilian energy activities 
thereof. 
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 3. SAVINGS CLAUSE. 
Nothing in this Act or an amendment made by this 
Act abrogates or otherwise affects the primary responsibil-
ities of any National Laboratory to the Department. 
TITLE I—INNOVATION MANAGE-
MENT AT DEPARTMENT OF 
ENERGY 
SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY. 
(a) IN GENERAL.—Section 202(b) of the Department 
of Energy Organization Act (42 U.S.C. 7132(b)) is amend-
ed— 
(1) by striking ‘‘Under Secretary for Science’’ 
each place it appears and inserting ‘‘Under Secretary 
for Science and Energy’’; and 
(2) in paragraph (4)— 
(A) in subparagraph (F), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (G), by striking the 
period at the end and inserting a semicolon; and 
(C) by inserting after subparagraph (G) the 
following: 
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‘‘(H) establish appropriate linkages between of-
fices under the jurisdiction of the Under Secretary; 
and 
‘‘(I) perform such functions and duties as the 
Secretary shall prescribe, consistent with this sec-
tion.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 3164(b)(1) of the Department of En-
ergy Science Education Enhancement Act (42 U.S.C. 
7381a(b)(1)) is amended by striking ‘‘Under Sec-
retary for Science’’ and inserting ‘‘Under Secretary 
for Science and Energy’’. 
(2) Section 641(h)(2) of the United States En-
ergy Storage Competitiveness Act of 2007 (42 U.S.C. 
17231(h)(2)) is amended by striking ‘‘Under Sec-
retary for Science’’ and inserting ‘‘Under Secretary 
for Science and Energy’’. 
SEC. 102. TECHNOLOGY TRANSFER AND TRANSITIONS AS-
SESSMENT. 
Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary shall trans-
mit to the Committee on Science, Space, and Technology 
of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report which 
shall include— 
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(1) an assessment of the Department’s current 
ability to carry out the goals of section 1001 of the 
Energy Policy Act of 2005 (42 U.S.C. 16391), includ-
ing an assessment of the role and effectiveness of the 
Director of the Office of Technology Transitions; and 
(2) recommended departmental policy changes 
and legislative changes to section 1001 of the Energy 
Policy Act of 2005 (42 U.S.C. 16391) to improve the 
Department’s ability to successfully transfer new en-
ergy technologies to the private sector. 
SEC. 103. SENSE OF CONGRESS. 
It is the sense of the Congress that the Secretary should 
encourage the National Laboratories and federally funded 
research and development centers to inform small businesses 
of the opportunities and resources that exist pursuant to 
this Act. 
SEC. 104. NUCLEAR ENERGY INNOVATION. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary, in consultation with the National 
Laboratories, relevant Federal agencies, and other stake-
holders, shall transmit 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 assessing the Department’s capabilities to author-
ize, host, and oversee privately funded fusion and non-light 
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water reactor prototypes and related demonstration facili-
ties at Department-owned sites. For purposes of this report, 
the Secretary shall consider the Department’s capabilities 
to facilitate privately-funded prototypes up to 20 
megawatts thermal output. The report shall address the fol-
lowing: 
(1) The Department’s safety review and oversight 
capabilities. 
(2) Potential sites capable of hosting research, 
development, and demonstration of prototype reactors 
and related facilities for the purpose of reducing tech-
nical risk. 
(3) The Department’s and National Labora-
tories’ existing physical and technical capabilities rel-
evant to research, development, and oversight. 
(4) The efficacy of the Department’s available 
contractual mechanisms, including cooperative re-
search and development agreements, work for others 
agreements, and agreements for commercializing tech-
nology. 
(5) Potential cost structures related to physical 
security, decommissioning, liability, and other long- 
term project costs. 
(6) Other challenges or considerations identified 
by the Secretary, including issues related to potential 
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cases of demonstration reactors up to 2 gigawatts of 
thermal output. 
TITLE II—CROSS-SECTOR PART-
NERSHIPS AND GRANT COM-
PETITIVENESS 
SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECH-
NOLOGY 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 De-
cember 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, payment structures, 
performance guarantees, and multiparty collaborations. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—Any director of a National 
Laboratory may enter into an agreement pursuant to 
the pilot program referred to in subsection (a). 
(2) AGREEMENTS
WITH
NON-FEDERAL
ENTI-
TIES.—To carry out paragraph (1) and subject to 
paragraph (3), the Secretary shall permit the direc-
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tors of the National Laboratories to execute agree-
ments with a non-Federal entity, including a non- 
Federal entity already receiving Federal funding that 
will be used to support activities under agreements 
executed pursuant to paragraph (1), provided that 
such funding is solely used to carry out the purposes 
of the Federal award. 
(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 direc-
tor of a National Laboratory shall submit to the Secretary, 
with respect to each agreement entered into under this sec-
tion— 
(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 
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(4) other documentation determined to be appro-
priate 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 ac-
tual conflict of interest, as a result of the agreement 
under this section. 
(f) EXTENSION.—The pilot program referred to in sub-
section (a) shall be extended until October 31, 2017. 
(g) REPORTS.— 
(1) OVERALL ASSESSMENT.—Not later than 60 
days after the date described in subsection (f), the 
Secretary, in coordination with directors of the Na-
tional Laboratories, shall submit to the Committee on 
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate a report that— 
(A) assesses the overall effectiveness of the 
pilot program referred to in subsection (a); 
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(B) identifies opportunities to improve the 
effectiveness of the pilot program; 
(C) assesses the potential for program ac-
tivities to interfere with the responsibilities of the 
National Laboratories to the Department; and 
(D) provides a recommendation regarding 
the future of the pilot program. 
(2) TRANSPARENCY.—The Secretary, in coordi-
nation 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 an annual report that accounts for all 
incidences of, and provides a justification for, non- 
Federal entities using funds derived from a Federal 
contract or award to carry out agreements pursuant 
to this section. 
SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMER-
CIALIZATION. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary shall delegate to directors of the National Lab-
oratories 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. 
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(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 appro-
priate by the Secretary, in collaboration with the di-
rectors of the National Laboratories. 
(c) ADMINISTRATION.— 
(1) ACCOUNTABILITY.—The director of the af-
fected National Laboratory and the affected contractor 
shall carry out an agreement under this section in ac-
cordance with applicable policies of the Department, 
including by ensuring that the agreement does not 
compromise any national security, economic, or envi-
ronmental 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 sec-
tion does not present, or minimizes, any apparent 
conflict of interest, and avoids or neutralizes any ac-
tual 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 Na-
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tional 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 Labora-
tory 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. 
(d) EXCEPTION.—This section does not apply to any 
agreement with a majority foreign-owned company. 
(e) CONFORMING AMENDMENT.—Section 12 of the Ste-
venson-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 para-
graph (2), each Federal agency’’; and 
(C) by adding at the end the following: 
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‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), in accordance with section 202(a) of the Depart-
ment of Energy Laboratory Modernization and Tech-
nology Transfer Act of 2015, approval by the Sec-
retary of Energy shall not be required for any tech-
nology transfer agreement proposed to be entered into 
by a National Laboratory of the Department of En-
ergy, the total cost of which (including the National 
Laboratory contributions and project recipient cost 
share) is less than $1,000,000.’’; and 
(2) in subsection (b), by striking ‘‘subsection 
(a)(1)’’ each place it appears and inserting ‘‘sub-
section (a)(1)(A)’’. 
SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEM-
ONSTRATION 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 authorized to support technology 
transfer within the Department to carry out early-stage and 
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pre-commercial technology demonstration activities to re-
move technology barriers that limit private sector interest 
and demonstrate potential commercial applications of any 
research and technologies arising from National Laboratory 
activities.’’. 
SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS 
OF HIGHER EDUCATION AND OTHER NON-
PROFIT 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 
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6-year period beginning on the date of enactment 
of this paragraph.’’. 
SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PRO-
GRAM. 
The Secretary may enter into an agreement with the 
Director of the National Science Foundation to enable re-
searchers funded by the Department to participate in the 
National Science Foundation Innovation Corps program. 
TITLE III—ASSESSMENT OF 
IMPACT 
SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OF-
FICE. 
Not later than 3 years after the date of enactment of 
this Act, the Comptroller General of the United States shall 
submit to Congress a report— 
(1) describing the results of the projects developed 
under sections 201, 202, and 203, including informa-
tion regarding— 
(A) partnerships initiated as a result of 
those projects and the potential linkages pre-
sented by those partnerships with respect to na-
tional priorities and other taxpayer-funded re-
search; and 
(B) whether the activities carried out under 
those projects result in— 
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(i) fiscal savings; 
(ii) expansion of National Laboratory 
capabilities; 
(iii) increased efficiency of technology 
transfers; or 
(iv) an increase in general efficiency of 
the National Laboratory system; and 
(2) assess the scale, scope, efficacy, and impact 
of the Department’s efforts to promote technology 
transfer and private sector engagement at the Na-
tional Laboratories, and make recommendations on 
how the Department can improve these activities. 
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Union Calendar No. 89 
114TH CONGRESS 
1ST SESSION 
H. R. 1158 
[Report No. 114–124] 
A BILL 
To improve management of the National Labora-
tories, enhance technology commercialization, fa-
cilitate public-private partnerships, and for other 
purposes. 
MAY 19, 2015 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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