I 
113TH CONGRESS 
2D SESSION 
H. R. 5120 
To improve management of the National Laboratories, enhance technology 
commercialization, facilitate public-private partnerships, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2014 
Mr. HULTGREN (for himself, Mr. KILMER, Mr. SMITH of Texas, Ms. EDDIE 
BERNICE JOHNSON of Texas, Mrs. LUMMIS, Mr. SWALWELL of Cali-
fornia, Mr. NUNNELEE, and Mr. FATTAH) introduced the following bill; 
which was referred to the Committee on Science, Space, and Technology 
A BILL 
To improve management of the National Laboratories, en-
hance technology commercialization, facilitate public-pri-
vate partnerships, and for other purposes. 
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 
‘‘Department of Energy Laboratory Modernization and 
Technology Transfer Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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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 assessment. 
Sec. 103. Sense of Congress. 
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 LABORATORIES.—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; 
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(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. 
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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 
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 be-
tween offices under the jurisdiction of the 
Under Secretary; and 
‘‘(I) perform such functions and duties as 
the Secretary shall prescribe, consistent with 
this section.’’. 
(b) CONFORMING AMENDMENTS.— 
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(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. 102. TECHNOLOGY TRANSFER ASSESSMENT. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall transmit to the Committee 
on Science, Space, and Technology of the House of Rep-
resentatives 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 Technology Transfer Coordinator position; 
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-
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prove the Department’s ability to successfully trans-
fer new energy technologies to the private sector. 
SEC. 103. SENSE OF CONGRESS. 
It is the sense of the Congress that— 
(1) the establishment of the independent Com-
mission to Review the Effectiveness of the National 
Energy Laboratories under section 319 of title III of 
division D of the Consolidated Appropriations Act, 
2014, is an important step towards developing a co-
ordinated strategy for the National Laboratories in 
the 21st century; 
(2) Congress looks forward to— 
(A) receiving the findings and conclusions 
of the Commission; and 
(B) engaging with the Administration— 
(i) in strengthening the mission of the 
National Laboratories; and 
(ii) to reform and modernize the oper-
ations and management of the National 
Laboratories; and 
(3) the Secretary should encourage the National 
Laboratories and federally funded research and de-
velopment centers to inform small businesses of the 
opportunities and resources that exist pursuant to 
this Act. 
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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, in-
demnification, payment structures, performance guaran-
tees, and multiparty collaborations. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (including regulations), any Na-
tional Laboratory may enter into an agreement pur-
suant to the pilot program referred to in subsection 
(a). 
(2) AGREEMENTS
WITH
NON-FEDERAL
ENTI-
TIES.—To carry out paragraph (1) and subject to 
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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; 
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(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 for a term of 2 years after 
the date of enactment of this Act. 
(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— 
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(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 
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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. 
(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-
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