174 
(2) in subsection (i)(1), by inserting ‘‘ARPA–E 
shall not provide funding for a project unless the pro-
spective grantee demonstrates sufficient attempts to 
secure private financing or indicates that the project 
is not independently commercially viable.’’ after ‘‘rel-
evant research agencies.’’; 
(3) in subsection (l)(1), by inserting ‘‘and once 
every 6 years thereafter,’’ after ‘‘operation for 6 
years,’’; and 
(4) by redesignating subsection (n) as subsection 
(o) and inserting after subsection (m) the following 
new subsection: 
‘‘(n) PROTECTION OF PROPRIETARY INFORMATION.— 
‘‘(1) IN GENERAL.—The following categories of 
information collected by the Advanced Research 
Projects Agency–Energy from recipients of financial 
assistance awards shall be considered privileged and 
confidential and not subject to disclosure pursuant to 
section 552 of title 5, United States Code: 
‘‘(A) Plans for commercialization of tech-
nologies developed under the award, including 
business plans, technology to market plans, mar-
ket studies, and cost and performance models. 
‘‘(B) Investments provided to an awardee 
from third parties, such as venture capital, hedge 
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fund, or private equity firms, including amounts 
and percentage of ownership of the awardee pro-
vided in return for such investments. 
‘‘(C) Additional financial support that the 
awardee plans to invest or has invested into the 
technology developed under the award, or that 
the awardee is seeking from third parties. 
‘‘(D) Revenue from the licensing or sale of 
new products or services resulting from the re-
search conducted under the award. 
‘‘(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection affects— 
‘‘(A) the authority of the Secretary to use 
information without publicly disclosing such in-
formation; or 
‘‘(B) the responsibility of the Secretary to 
transmit information to Congress as required by 
law.’’. 
Subtitle G—Authorization of 
Appropriations 
SEC. 681. AUTHORIZATION OF APPROPRIATIONS. 
(a) ELECTRICITY
DELIVERY
AND
ENERGY
RELI-
ABILITY RESEARCH AND DEVELOPMENT.—There are au-
thorized to be appropriated to the Secretary for research, 
development, demonstration, and commercial application 
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for electrical delivery and energy reliability technology ac-
tivities within the Office of Electricity $113,000,000 for 
each of fiscal years 2016 and 2017. 
(b) NUCLEAR ENERGY.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary for research, development, 
demonstration, and commercial application for nu-
clear energy technology activities within the Office of 
Nuclear Energy $504,600,000 for each of fiscal years 
2016 and 2017. 
(2) LIMITATION.—Any amounts made available 
pursuant to the authorization of appropriations 
under paragraph (1) shall not be derived from the 
Nuclear Waste Fund established under section 302(c) 
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(c)). 
(c) ENERGY EFFICIENCY AND RENEWABLE ENERGY.— 
There are authorized to be appropriated to the Secretary 
for research, development, demonstration, and commercial 
application for energy efficiency and renewable energy tech-
nology activities within the Office of Energy Efficiency and 
Renewable Energy $1,198,500,000 for each of fiscal years 
2016 and 2017. 
(d) FOSSIL ENERGY.—There are authorized to be ap-
propriated to the Secretary for research, development, dem-
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onstration, and commercial application for fossil energy 
technology activities within the Office of Fossil Energy 
$605,000,000 for each of fiscal years 2016 and 2017. 
(e) ARPA–E.—There are authorized to be appro-
priated to the Secretary for the Advanced Research Projects 
Agency–Energy $140,000,000 for each of fiscal years 2016 
and 2017. 
Subtitle H—Definitions 
SEC. 691. DEFINITIONS. 
In this title— 
(1) the term ‘‘Department’’ means the Depart-
ment of Energy; and 
(2) the term ‘‘Secretary’’ means the Secretary of 
Energy. 
TITLE VII—DEPARTMENT OF EN-
ERGY TECHNOLOGY TRANS-
FER 
Subtitle A—In General 
SEC. 701. DEFINITIONS. 
In this title: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) NATIONAL
LABORATORY.—The term ‘‘Na-
tional Laboratory’’ means a Department of Energy 
nonmilitary national laboratory, including— 
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(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. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
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SEC. 702. SAVINGS CLAUSE. 
Nothing in this title or an amendment made by this 
title abrogates or otherwise affects the primary responsibil-
ities of any National Laboratory to the Department. 
Subtitle 
B—Innovation 
Manage-
ment at Department of Energy 
SEC. 711. 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: 
‘‘(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.’’. 
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(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. 713. 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 title. 
SEC. 714. 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 
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 
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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 
cases of demonstration reactors up to 2 gigawatts of 
thermal output. 
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Subtitle C—Cross-Sector Partner-
ships and Grant Competitiveness 
SEC. 721. 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-
tors of the National Laboratories to execute agree-
ments with a non-Federal entity, including a non- 
Federal entity already receiving Federal funding that 
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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 
(4) other documentation determined to be appro-
priate by the Secretary. 
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(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); 
(B) identifies opportunities to improve the 
effectiveness of the pilot program; 
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