186 
(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. 722. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMER-
CIALIZATION. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary shall delegate to directors of the National Lab-
oratories 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. 
(b) AGREEMENTS.—Subsection (a) applies to— 
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(1) a cooperative research and development 
agreement; 
(2) a non-Federal work-for-others agreement; and 
(3) any other agreement determined to be appro-
priate by the Secretary, in collaboration with the di-
rectors of the National Laboratories. 
(c) ADMINISTRATION.— 
(1) ACCOUNTABILITY.—The director of the af-
fected National Laboratory and the affected contractor 
shall carry out an agreement under this section in ac-
cordance with applicable policies of the Department, 
including by ensuring that the agreement does not 
compromise any national security, economic, or envi-
ronmental interest of the United States. 
(2) CERTIFICATION.—The director of the affected 
National Laboratory and the affected contractor shall 
certify that each activity carried out under a project 
for which an agreement is entered into under this sec-
tion does not present, or minimizes, any apparent 
conflict of interest, and avoids or neutralizes any ac-
tual conflict of interest, as a result of the agreement 
under this section. 
(3) AVAILABILITY OF RECORDS.—On entering an 
agreement under this section, the director of a Na-
tional Laboratory shall submit to the Secretary for 
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188 
monitoring and review all records of the National 
Laboratory relating to the agreement. 
(4) RATES.—The director of a National Labora-
tory may charge higher rates for services performed 
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 Ste-
venson-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 722(a) of the America 
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189 
COMPETES Reauthorization 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 recipi-
ent 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. 723. 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 DEMONSTRATION.— 
The Secretary shall permit the directors of the National 
Laboratories to use funds authorized to support technology 
transfer within the Department to carry out early-stage and 
pre-commercial technology demonstration activities to re-
move technology barriers that limit private sector interest 
and demonstrate potential commercial applications of any 
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190 
research and technologies arising from National Laboratory 
activities.’’. 
SEC. 724. 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 HIGHER 
EDUCATION AND OTHER NONPROFIT INSTITUTIONS.— 
‘‘(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 exemption 
under subparagraph (A) shall apply during the 
6-year period beginning on the date of enactment 
of this paragraph.’’. 
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