IB 
Union Calendar No. 610 
115TH CONGRESS 
2D SESSION 
H. R. 5907 
[Report No. 115–788] 
To provide directors of the National Laboratories signature authority for 
certain agreements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2018 
Mr. HULTGREN (for himself, Mr. PERLMUTTER, Mr. SMITH of Texas, Mr. 
LUCAS, Mr. WEBER of Texas, Mr. KNIGHT, Mr. DUNN, Mr. NORMAN, 
Mr. BABIN, Mr. HIGGINS of Louisiana, Mrs. LESKO, and Mr. BEN RAY 
LUJA´N of New Mexico) introduced the following bill; which was referred 
to the Committee on Science, Space, and Technology 
JUNE 27, 2018 
Additional sponsor: Mr. ABRAHAM 
JUNE 27, 2018 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
VerDate Sep 11 2014 
20:48 Jun 27, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H5907.RH
H5907
sradovich on DSK3GMQ082PROD with BILLS
A BILL 
To provide directors of the National Laboratories signature 
authority for certain agreements, and for other purposes. 
VerDate Sep 11 2014 
20:48 Jun 27, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H5907.RH
H5907
sradovich on DSK3GMQ082PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Innovation 
Modernization by Laboratory Empowerment Act’’ or the 
‘‘NIMBLE Act’’. 
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; 
VerDate Sep 11 2014 
20:48 Jun 27, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5907.RH
H5907
sradovich on DSK3GMQ082PROD with BILLS
(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. 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 
VerDate Sep 11 2014 
20:48 Jun 27, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5907.RH
H5907
sradovich on DSK3GMQ082PROD with BILLS
(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-
VerDate Sep 11 2014 
20:48 Jun 27, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5907.RH
H5907
sradovich on DSK3GMQ082PROD with BILLS
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; 
VerDate Sep 11 2014 
20:48 Jun 27, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5907.RH
H5907
sradovich on DSK3GMQ082PROD with BILLS
(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 3(a) of the NIMBLE 
Act, approval by the Secretary of Energy shall not 
be required for any technology transfer agreement 
proposed to be entered into by a National Labora-
tory of the Department of Energy, the total cost of 
which (including the National Laboratory contribu-
tions 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. 4. 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. 
VerDate Sep 11 2014 
20:48 Jun 27, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5907.RH
H5907
sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 610 
115TH CONGRESS 
2D SESSION 
H. R. 5907 
[Report No. 115–788] 
A BILL 
To provide directors of the National Laboratories 
signature authority for certain agreements, and 
for other purposes. 
JUNE 27, 2018 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
20:48 Jun 27, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H5907.RH
H5907
sradovich on DSK3GMQ082PROD with BILLS