SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Department of Energy Laboratory Modernization and 
Technology 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. Technology transfer and transitions assessment. 
Sec. 102. Sense of Congress. 
Sec. 103. 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. 
(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 Labora-
tory; 
(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 Labora-
tory; 
(K) Princeton Plasma Physics Laboratory; 
(L) Savannah River National Laboratory; 
(M) Stanford Linear Accelerator Center; 
(N) Thomas Jefferson National Accel-
erator 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.
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. 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 
transmit to the Committee on Science, Space, and Tech-
nology of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a report 
which shall include— 
(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), in-
cluding an assessment of the role and effectiveness 
of the Director of the Office of Technology Transi-
tions; and 
(2) recommended departmental policy changes 
and legislative changes to section 1001 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16391) to im-
prove the Department’s ability to successfully trans-
fer new energy technologies to the private sector.
SEC. 102. 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. 103. NUCLEAR ENERGY INNOVATION. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary, in consultation with the Na-
tional Laboratories, relevant Federal agencies, and other 
stakeholders, 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 capabili-
ties to authorize, host, and oversee privately funded fusion 
and non-light water reactor prototypes and related dem-
onstration facilities at Department-owned sites. For pur-
poses of this report, the Secretary shall consider the De-
partment’s capabilities to facilitate privately-funded proto-
types up to 20 megawatts thermal output. The report shall 
address the following: 
(1) The Department’s safety review and over-
sight capabilities. 
(2) Potential sites capable of hosting research, 
development, and demonstration of prototype reac-
tors and related facilities for the purpose of reducing 
technical risk. 
(3) The Department’s and National Labora-
tories’ existing physical and technical capabilities 
relevant 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 
technology. 
(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 poten-
tial 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 pro-
gram of the Department, as announced by the Secretary 
on December 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 Lab-
oratory, to the maximum extent determined to be appro-
priate by the Secretary, increased authority to negotiate 
contract terms, such as intellectual property rights, pay-
ment 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 will be used to support activities under agree-
ments 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 chap-
ter 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 di-
rector of a National Laboratory shall submit to the Sec-
retary, with respect to each agreement entered into under 
this section— 
(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 ap-
propriate 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 appar-
ent conflict of interest, and avoids or neutralizes any 
actual conflict of interest, as a result of the agree-
ment under this section. 
(f) EXTENSION.—The pilot program referred to in 
subsection (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 
Representatives and the Committee on Energy and 
Natural 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; 
(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 
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— 
(1) a strategic plan for the National Laboratory 
that has been approved by the Department; or
(2) the most recent Congressionally approved 
budget for Department activities to be carried out by 
the National Laboratory. 
(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 ap-
propriate by the Secretary, in collaboration with the 
directors of the National Laboratories. 
(c) ADMINISTRATION.— 
(1) ACCOUNTABILITY.—The director of the af-
fected National Laboratory and the affected con-
tractor shall carry out an agreement under this sec-
tion in accordance with applicable policies of the De-
partment, including by ensuring that the agreement 
does not compromise any national security, eco-
nomic, or environmental interest of the United 
States. 
(2) CERTIFICATION.—The director of the af-
fected National Laboratory and the affected con-
tractor shall certify that each activity carried out 
under a project for which an agreement is entered 
into under this section does not present, or mini-
mizes, any apparent conflict of interest, and avoids 
or neutralizes any actual conflict of interest, as a re-
sult of the agreement under this section. 
(3) AVAILABILITY
OF
RECORDS.—Within 30 
days of entering an agreement under this section, 
the director of a National 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 Lab-
oratory may charge higher rates for services per-
formed 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 
Stevenson-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: 
‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), in accordance with section 202(a) of the Depart-
ment of Energy Laboratory Modernization and 
Technology Transfer Act of 2015, approval by the 
Secretary of Energy shall not be required for any 
technology transfer agreement proposed to be en-
tered into by a National Laboratory of the Depart-
ment of Energy, 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
DEMONSTRA-
TION.—The Secretary shall permit the directors of the Na-
tional Laboratories to use funds authorized to support 
technology transfer within the Department to carry out 
early-stage and pre-commercial technology demonstration 
activities to remove technology barriers that limit private 
sector interest and demonstrate potential commercial ap-
plications 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 HIGH-
ER
EDUCATION
AND
OTHER
NONPROFIT
INSTITU-
TIONS.— 
‘‘(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 exemp-
tion under subparagraph (A) shall apply during 
the 6-year period beginning on the date of en-
actment 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 devel-
oped under sections 201, 202, and 203, including in-
formation 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— 
(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. 
Passed the House of Representatives May 19, 2015. 
Attest: 
Clerk.
114TH CONGRESS 
1ST SESSION 
H. R. 1158 
AN ACT 
To improve management of the National Labora-
tories, enhance technology commercialization, fa-
cilitate public-private partnerships, and for other 
purposes.