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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-
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. 
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(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. 
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. 
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(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— 
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(A) the agreement is a funding agreement 
(as that term is defined in section 201 of that 
title); and 
(B) at least one of the parties to the fund-
ing 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 
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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, 
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