(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 
agreement described in subsection (b) the total cost of 
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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-
mizes, any apparent conflict of interest, and avoids 
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or neutralizes any actual conflict of interest, as a re-
sult of the agreement under this section. 
(3) AVAILABILITY OF RECORDS.—On 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) 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; 
(B) by striking ‘‘Each Federal agency’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each Federal agency’’; and 
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(C) by adding at the end the following: 
‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), in accordance with section 202(a) of the Depart-
ment of Energy Laboratory Modernization and 
Technology Transfer 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 
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. 203. 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
DEMONSTRA-
TION.—The Secretary shall permit the directors of the Na-
tional Laboratories to use funds authorized to support 
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technology transfer within the Department to carry out 
early-stage and pre-commercial technology demonstration 
activities to remove technology barriers that limit private 
sector interest and demonstrate potential commercial ap-
plications of any research and technologies arising from 
National Laboratory activities.’’. 
SEC. 204. 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 HIGH-
ER
EDUCATION
AND
OTHER
NONPROFIT
INSTITU-
TIONS.— 
‘‘(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)). 
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