176 
SEC. 702. SAVINGS CLAUSE. 
Nothing in this title or an amendment made by this 
title abrogates or otherwise affects the primary respon-
sibilities 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 
amended— 
(1) by striking ‘‘Under Secretary for Science’’ 
each place it appears and inserting ‘‘Under Sec-
retary 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 
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177 
‘‘(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 
Energy Science Education Enhancement Act (42 
U.S.C. 7381a(b)(1)) is amended by striking ‘‘Under 
Secretary for Science’’ and inserting ‘‘Under Sec-
retary 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 
Secretary for Science’’ and inserting ‘‘Under Sec-
retary for Science and Energy’’. 
SEC. 712. 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-
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178 
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. 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 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-
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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. 
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180 
Subtitle C—Cross-Sector Partner-
ships and Grant Competitive-
ness 
SEC. 721. 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-
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