text: 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''.
      (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. Technology transfer and transitions assessment.
  Sec. 102. Sense of Congress.
  Sec. 103. 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 technology 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 ``National 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 Laboratory;
                      (E) Idaho National Laboratory;
                      (F) Lawrence Berkeley National Laboratory;
                      (G) National Energy Technology Laboratory;
                      (H) National Renewable Energy Laboratory;
                      (I) Oak Ridge National Laboratory;
                      (J) Pacific Northwest National Laboratory;
                      (K) Princeton Plasma Physics Laboratory;
                      (L) Savannah River National Laboratory;
                      (M) Stanford Linear Accelerator Center;
                      (N) Thomas Jefferson National Accelerator Facility; 
                  and
                      (O) any laboratory operated by the National 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 responsibilities of any National 
  Laboratory to the Department.
  
           TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
  
  SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.
  
      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 Technology 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), including an assessment of the role and 
          effectiveness of the Director of the Office of Technology 
          Transitions; and
              (2) recommended departmental policy changes and legislative 
          changes to section 1001 of the Energy Policy Act of 2005 (42 
          U.S.C. 16391) to improve the Department's ability to 
          successfully transfer new energy technologies to the private 
          sector.
  
  SEC. 102. 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. 103. NUCLEAR ENERGY INNOVATION.
  
      Not later than 180 days after the date of enactment of this Act, 
  the Secretary, in consultation with the National 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 capabilities to 
  authorize, host, and oversee privately funded fusion and non-light 
  water reactor prototypes and related demonstration facilities at 
  Department-owned sites. For purposes of this report, the Secretary 
  shall consider the Department's capabilities to facilitate privately-
  funded prototypes up to 20 megawatts thermal output. The report shall 
  address the following:
              (1) The Department's safety review and oversight 
          capabilities.
              (2) Potential sites capable of hosting research, 
          development, and demonstration of prototype reactors and 
          related facilities for the purpose of reducing technical risk.
              (3) The Department's and National Laboratories' existing 
          physical and technical capabilities relevant to research, 
          development, and oversight.
              (4) The efficacy of the Department's available contractual 
          mechanisms, including cooperative research 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 potential cases of 
          demonstration reactors up to 2 gigawatts of thermal output.
  
       TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
  
  SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.
  
      (a) In General.--The Secretary shall carry out the Agreements for 
  Commercializing Technology pilot program 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 Laboratory, to the maximum extent determined 
  to be appropriate by the Secretary, increased authority to negotiate 
  contract terms, such as intellectual property rights, payment 
  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 entities.--To carry out 
          paragraph (1) and subject to paragraph (3), the Secretary shall 
          permit the directors of the National Laboratories to execute 
          agreements with a non-Federal entity, including a non-Federal 
          entity already receiving Federal funding that will be used to 
          support activities under agreements 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 chapter 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 director of a National 
  Laboratory shall submit to the Secretary, 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 appropriate 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 apparent conflict 
          of interest, and avoids or neutralizes any actual conflict of 
          interest, as a result of the agreement 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 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 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 activities 
                  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 coordination 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 COMMERCIALIZATION.
  
      (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
              (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 appropriate by the 
          Secretary, in collaboration with the directors of the National 
          Laboratories.
      (c) Administration.--
              (1) Accountability.--The director of the affected National 
          Laboratory and the affected contractor shall carry out an 
          agreement under this section in accordance with applicable 
          policies of the Department, including by ensuring that the 
          agreement does not compromise any national security, economic, 
          or environmental 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 section does not present, or minimizes, 
          any apparent conflict of interest, and avoids or neutralizes 
          any actual conflict of interest, as a result 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 Laboratory 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 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 paragraph (2), 
          each Federal agency''; and
                      (C) by adding at the end the following:
              ``(2) Exception.--Notwithstanding paragraph (1), in 
          accordance with section 202(a) of the Department 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 entered into 
          by a National Laboratory of the Department 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 ``subsection (a)(1)(A)''.
  
  SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION 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 remove technology barriers that limit private sector 
  interest and demonstrate potential commercial applications of any 
  research and technologies arising from National Laboratory 
  activities.''.
  
  SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION 
                AND OTHER NONPROFIT 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.''.
  
  SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.
  
      The Secretary may enter into an agreement with the Director of the 
  National Science Foundation to enable researchers funded by the 
  Department to participate in the National Science Foundation Innovation 
  Corps program.
  
                      TITLE III--ASSESSMENT OF IMPACT
  
  SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
  
      Not later than 3 years after the date of enactment of this Act, the 
  Comptroller General of the United States shall submit to Congress a 
  report--
              (1) describing the results of the projects developed under 
          sections 201, 202, and 203, including information regarding--
                      (A) partnerships initiated as a result of those 
                  projects and the potential linkages presented by those 
                  partnerships with respect to national priorities and 
                  other taxpayer-funded research; and
                      (B) whether the activities carried out under those 
                  projects result in--
                              (i) fiscal savings;
                              (ii) expansion of National Laboratory 
                          capabilities;
                              (iii) increased efficiency of technology 
                          transfers; or
                              (iv) an increase in general efficiency of 
                          the National Laboratory system; and
              (2) assess the scale, scope, efficacy, and impact of the 
          Department's efforts to promote technology transfer and private 
          sector engagement at the National Laboratories, and make 
          recommendations on how the Department can improve these 
          activities.
  
              Passed the House of Representatives May 19, 2015.
  
              Attest:
  
                                                   KAREN L. HAAS,
  
                                                                   Clerk.
target: Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY (Sec. 101) Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector.   (Sec. 102) Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories (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. 103) Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output.  TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS  (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program.  Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development).  Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017.  Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program.  (Sec. 202) Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE; or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory.  Makes this section inapplicable to any agreement with a majority foreign-owned company.  (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities.  (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program.  TITLE III--ASSESSMENT OF IMPACT  (Sec. 301) Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories. 
feat_title: Department of Energy Laboratory Modernization and Technology Transfer Act of 2015