I 
114TH CONGRESS 
1ST SESSION H. R. 1158 
To improve management of the National Laboratories, enhance technology 
commercialization, facilitate public-private partnerships, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2015 
Mr. HULTGREN (for himself, Mr. PERLMUTTER, Mr. WEBER of Texas, Mr. 
SWALWELL of California, Mr. SMITH of Texas, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. NEWHOUSE, Mr. LIPINSKI, Mr. ROHRABACHER, 
Mr. FATTAH, Mr. NEUGEBAUER, and Mr. BEN RAY LUJA´N of New Mex-
ico) 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 2015’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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 and transitions assessment. 
Sec. 103. Sense of Congress. 
Sec. 104. Nuclear energy innovation. 
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 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; 
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(E) Idaho National Laboratory; 
(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 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-
cluding an assessment of the role and effectiveness 
of the Director of the Office of Technology Transi-
tions; and 
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(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. 103. 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 Act. 
SEC. 104. 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-
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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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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, 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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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; 
(3) estimated commencement and completion 
dates of the project; and 
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(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 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); 
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