[Congressional Record Volume 161, Number 77 (Tuesday, May 19, 2015)]
[House]
[Pages H3373-H3377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF ENERGY LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER
ACT OF 2015
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 1158) to improve management of the National
Laboratories, enhance technology commercialization, facilitate public-
private partnerships, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1158
Be it enacted by the Senate and House of Representatives 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''.
(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.
[[Page H3374]]
(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.
The SPEAKER pro tempore (Mr. Jody B. Hice of Georgia). Pursuant to
the rule, the gentleman from Texas (Mr. Smith) and the gentleman from
Illinois (Mr. Lipinski) each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on H.R. 1158, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 1158, the Department of Energy Laboratory
Modernization and Technology Transfer Act of 2015, enables the
Department of Energy to better form partnerships with non-Federal
entities and transfer research to the private sector.
I want to thank the gentleman from Illinois (Mr. Hultgren) for his
initiative on this issue and the gentleman from Colorado,
Representative Ed Perlmutter, for cosponsoring this important piece of
legislation as well.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Illinois (Mr. Hultgren), the sponsor of this legislation.
Mr. HULTGREN. Mr. Speaker, before I get started, we also have several
letters of support on this that I would submit for the Record. One is
from the Bipartisan Policy Center on behalf of the American Energy
Innovation Council; another is from Third Way. They support this bill.
The final one is from the American Nuclear Society.
[[Page H3375]]
Bipartisan Policy Center,
March 24, 2015.
Hon. John Boehner,
Speaker of the House, House of Representatives, H-232 of the
Capitol, Washington, DC.
Hon. Nancy Pelosi,
Minority Leader, House of Representatives, H-204 of the
Capitol, Washington, DC.
Dear Speaker Boehner and Leader Pelosi: On behalf of the
American Energy Innovation Council (AEIC), we write to urge
the prompt consideration of H.R. 1158 Department of Energy
Laboratory Modernization and Technology Transfer Act. Similar
legislation (H.R. 5120) easily passed the House during the
last Congress. The bill enjoys strong bipartisan support and
was co-sponsored by both Chairman Lamar Smith (R-TX) and
Ranking Member Eddie Bernice Johnson (D-TX) of the Committee
on Science, Space and Technology.
The AEIC is a group of America's top business executives
who came together starting in 2010 to recommend ways to
promote American innovation in clean energy technology. We
are united in our belief that technology innovation--
especially in energy--is at the heart of many of the central
economic, national security, competitiveness, and
environmental challenges facing our nation. We believe strong
support for robust, public investments in energy innovation
is critical to a vibrant American economy.
H.R. 1158 gives the National Labs needed flexibility to
enter into more effective partnerships with businesses and
universities, particularly with respect to early-stage
technology demonstration. We anticipate that H.R. 1158 will
unlock more private investment in clean energy technology
R&D, and we endorse this bill.
Accelerating technology innovation is a smart investment
for America's future. We look forward to working with you to
once again secure House passage of this important
legislation.
Sincerely,
Chad Holliday,
Co-Chair, American Energy Innovation Council.
Norm Augustine,
Co-Chair, American Energy Innovation Council.
____
Third Way,
March 9, 2015.
Hon. Randy Hultgren,
Member, House Committee on Science, Space, and Technology,
Rayburn House Office Building, Washington, DC.
Hon. Ed Perlmutter,
Member, House Committee on Science, Space, and Technology,
Longworth House Office Building, Washington, DC.
Dear Congressman Hultgren and Congressman Perlmutter, we
write in support of H.R. 1158, the Department of Energy (DOE)
Laboratory Modernization and Technology Transfer Act of 2015.
It is critical that the United States maximizes the ability
of our national labs to partner with the private sector to
develop and commercialize new energy technologies,
particularly around advanced nuclear power. Your bipartisan
bill, which has been approved by the Committee and sent to
the House, will begin a vital assessment of the labs'
capabilities and offer ways to get the best return on
taxpayers' investment in energy innovation.
The world faces a profound paradox: ever-increasing global
energy demand and the need to dramatically reduce carbon
emissions. That's why Third Way strongly believes that the
development of advanced nuclear reactors is critical. With
dozens of reactor projects underway in the United States,
this country has the opportunity to create enormous economic,
national security, and environmental benefits if we can
provide the right platform for private companies to develop
and commercialize these advanced nuclear technologies.
Public-private partnerships of the type envisioned in your
legislation can help industry to transcend some of the
technological and regulatory barriers it faces and bring this
promising energy source to market
We applaud your leadership in the sponsorship of this bill.
There is pent-up demand in the private sector to work with
the national labs to develop innovative advanced nuclear,
carbon capture, and other energy solutions. H.R. 1158 is a
very important step to ensure that happens. We look forward
to supporting it as it moves through the House and Senate.
Sincerely,
Josh Freed,
Vice President for the Clean Energy Program.
____
American Nuclear Society,
La Grange Park, IL, March 23, 2015.
Hon. Lamar Smith,
Chairman, Committee on Science, Space & Technology, House of
Representatives, Washington, DC.
Hon. Eddie Bernice Johnson,
Ranking Member, Committee on Science, Space & Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman and Ranking Member Johnson: I write on
behalf of the 11,000 members of the American Nuclear Society
to express our support for H.R. 1158, the Department of
Energy Laboratory Modernization and Technology Transfer Act
of 2015.
We appreciate your efforts to harness the intellectual
assets of our national laboratories through broader
technology commercialization and public-private partnership
initiatives. We are especially grateful for Section 104 which
directs the Department of Energy to assess its ability to
``incubate'' privately-funded advanced research and test
reactor prototypes at national laboratories.
ANS strongly supports expanded federal engagement in
advanced, non-light water nuclear research and development.
It is becoming increasingly clear that the U.S. and the world
will need to significantly expand its nuclear generating
capacity in the coming decades to address growing energy
demands while reducing harmful emissions.
Historically, the U.S. led the world in developing new
reactor technology. However, several other nations, including
Russia and China, have moved aggressively to develop so-
called Generation IV reactors which offer distinct advantages
over their light water counterparts. As such, the U.S. must
recommit itself to improving its advanced reactor technology
portfolio in order to maintain its influence over global
nuclear safety and nonproliferation norms. This legislation,
if enacted, would provide needed support toward that
objective.
Sincerely,
Michael Brady Raap,
President, American Nuclear Society.
Mr. HULTGREN. Mr. Speaker, I want to thank the distinguished
chairman, Mr. Smith, as well as the gentleman from Colorado (Mr.
Perlmutter) for helping bring this legislation to the floor again this
Congress.
H.R. 1158, the Department of Energy Laboratory Modernization and
Technology Transfer Act, ensures that the Department of Energy has the
tools it needs to allow new startups, small businesses, universities,
and the general public at large to do what they do best: react to
market signals and innovate.
The Federal Government and the national labs play a vital role doing
the basic research needed to maintain America's position as a safe and
innovative nation. Their ability to build large research tools at our
user facilities is the crown jewel in our Nation's research
capabilities. This is the model other nations, like China, are copying.
Far too often, however, the discoveries made in our labs get stuck in
the labs. This is due to a number of reasons, and this bill seeks to
break down some of the barriers that make this happen.
Many of these problems are also outlined in chapter three of the
``Interim Report of the Commission to Review the Effectiveness of the
National Energy Laboratories.''
I quote from the report: ``Over 50 prior studies and reports
published over the past 40 years detail shortcomings in the
relationship between the DOE and its laboratories.''
It continues:
They present a strikingly consistent pattern of criticism
and recommendations for improvement.
The committee and I have reviewed many of these prior reports, and
this bill attempts to act on a few of these consistent,
noncontroversial recommendations.
By extending the pilot for ACT agreements within DOE, the labs are
given the ability to negotiate more flexible contracts with non-Federal
entities that would like to take the labs' research and turn it into
viable products.
Section 201 in the bill also allows researchers using Federal funds
to enter into these agreements, so long as any Federal funds are used
exclusively for their intended research purposes.
Section 203 of the bill will continue to chip away at what many call
the valley of death, what many startups never make it through because
they cannot prove their concept.
This section would allow DOE to use their tech transfer funds for
early-stage, precommercial proof of concept demonstrations so the
private sector can finally pick up technologies and develop them with
private funds. This legislation would also grant to the directors of
national labs the signature authority for many agreements with non-
Federal entities.
These are decisions that the Secretary of Energy must make under
current law, meaning decisions a lab director can make over a phone
call in the course of a day must weave their way through the agency's
bureaucracy before it lands on the Secretary's desk.
This bill also seeks to improve the Department's relationship with
small businesses that can take part in the SBIR-STTR program, and it
encourages the Secretary to enter into agreement with the I-Corps
program at NSF.
While I do understand that DOE has begun a similar pilot, called Lab
Corps, I am worried that this pilot housed in EERE is so narrow in
focus that it will
[[Page H3376]]
not be applicable for most of our labs' advancement. An accelerator
technology being developed for medical treatments, for instance, would
not be able to access the current pilot.
Section 103 of this legislation will also require DOE to undertake an
honest assessment of its capabilities to authorize, host, and oversee
prototype reactors at DOE sites. This is a critical issue for the
United States' position as a nuclear technology leader. The United
States has not hosted a new research reactor in decades, and there are
not any current applications under review at the Nuclear Regulatory
Commission.
Unfortunately, the U.S. has become so risk averse that we have
regulated ourselves out of business for building the concept reactors
that might some day lead to commercially deployable, safer, and more
efficient nuclear technologies. We are driving companies overseas. I
look forward to seeing the results of this report from DOE.
Our national labs have been at the cutting edge of technological
development, and we must always ensure that it is in the national
interest. This bill helps to ensure that is the case because a
discovery lost in the labs is a discovery wasted.
That is why I encourage my colleagues to support this bill.
Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1158, the Department of Energy
Laboratory Modernization and Technology Transfer Act of 2015.
I would like to thank Mr. Hultgren, Mr. Perlmutter, and my colleagues
on both sides of the aisle for working together to produce a strong
bipartisan bill. I would like to thank Chairman Smith and Ranking
Member Johnson for getting this bill through committee and to the floor
here tonight.
DOE's national labs are responsible for some of the greatest research
being conducted in the world, both basic and applied. Some of this
research has great potential to become new commercial technologies if
our labs provide the type of support that increases the likelihood of
technology transfer.
This could have enormous beneficial impacts for our Nation, not just
in new technologies, but by making the most of our investments at these
labs. That is why improving technology transfer from American research
facilities, both national labs and universities, has been one of my top
priorities on the Science Committee for the past decade.
H.R. 1158 ensures that our national labs have the resources needed to
facilitate the transfer of new technologies to the private sector. It
greatly increases the breadth of companies that are eligible to engage
in a new pilot program that provides for more flexible partnerships,
similar to those in the private sector, and lengthens the program for 2
years. This was an important issue that came up at a hearing 2 years
ago, and I am happy that we are getting that done in this bill.
This bill also empowers labs to utilize technology transfer funds on
projects that demonstrate commercial applications for their research
and technologies, and it asks the Department of Energy for a report on
activities related to the congressionally mandated technology
commercialization fund which the Department is implementing through the
newly formed Office of Technology Transitions.
I personally asked Secretary Moniz about past use of this fund, and
so I am pleased by the recent actions of DOE in the direction of the
TCF at this time. This bill has impacts beyond labs as well. It would
significantly decrease financial obstacles that prevent nonprofit
research organizations, including many universities, from working with
the Department.
The bill includes language that I wrote that would make the National
Science Foundation's highly successful Innovation Corps Program, which
pairs up grant recipients with motivated entrepreneurs to help get
their ideas in the commercial arena, available to the DOE through a
partnership with the NSF.
Finally, the bill ensures that effective reporting and accountability
systems are in place so we are able to clearly determine the
performance of these new tools, as well as any further steps that will
need to be taken.
Mr. Speaker, the innovations that have come out of DOE's national
laboratories and research programs are second to none. Argonne National
Lab, which is located in my district, is one of the best.
All these federally funded institutions and initiatives have been a
critical component of our knowledge-based economy, and this bill will
ensure that they not only continue, but they improve their incredible
track record.
I urge my colleagues to support this bill, and I reserve the balance
of my time.
Mr. SMITH of Texas. Mr. Speaker, we have no other requests for time
on this, and I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Perlmutter).
{time} 1845
Mr. PERLMUTTER. Mr. Speaker, I would like to thank Mr. Lipinski for
his work on this bill and for yielding me this time.
I rise today to support H.R. 1158, the Department of Energy
Laboratory Modernization and Technology Transfer Act. I want to thank
my friend from Illinois (Mr. Hultgren) for sponsoring this bill and
working with me and our colleagues on this important piece of
legislation.
This legislation provides tools to spur and accelerate the transfer
of new technologies developed at our national labs. It extends the
Agreements for Commercializing Technology, or ACT, pilot program for 2
more years and also significantly broadens the range of companies able
to participate in the program, allowing for more flexible partnership
agreements.
The bill will allow labs to use their technology to transfer funds
for activities which identify and demonstrate commercial opportunities
for their research and technologies.
This legislation also removes burdens which currently prevent many
universities and other nonprofit research institutions from working
with the Department of Energy. This will encourage further
collaboration between university researchers across the country and our
wealth of knowledge at the national labs.
Mr. Speaker, I represent Golden, Colorado, and the National Renewable
Energy Laboratory. Quite simply, NREL is the premier energy efficiency
and renewable energy lab in the world. For more than 40 years, NREL has
led the charge in research and design of renewable energy products
directly affecting the way we utilize and secure American energy.
This bill will help provide labs like NREL with important tools so
they can best lead our country's research on renewable and sustainable
forms of energy and transportation and, ultimately, bring these life-
changing innovations to consumers. I have seen the great work being
done at NREL, and I know this great work is happening at other national
labs all across the country.
Last year, DOE signed an agreement for commercializing technology
with the Wells Fargo Foundation to utilize NREL and other DOE national
labs to further research in energy-efficient buildings-related
technologies, and this bill allows that agreement to be extended for at
least 2 more years.
DOE's 17 national laboratories and research programs have been the
birthplace to some of our most revolutionary technologies. When this
research is harnessed by entrepreneurs and business leaders, startups
with one or two employees can grow into companies employing dozens, if
not hundreds, of people.
We want to make sure these federally funded institutions and
initiatives remain an important foundation of our knowledge-based
economy. That is why I am proud to cosponsor this bipartisan
legislation with the gentleman from Illinois (Mr. Hultgren), giving
scientists and researchers in both the public and private sector tools
and freedom they need to unlock a new wave of innovation.
Mr. SMITH of Texas. Mr. Speaker, I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Beyer).
Mr. BEYER. Mr. Speaker, I would like to thank Mr. Hultgren and Mr.
Perlmutter for their leadership on this important issue.
This bill helps foster opportunities for entrepreneurs to more easily
access technologies coming out of the Department of Energy and connect
the brilliant minds to the equally brilliant
[[Page H3377]]
minds in the private sector who can then commercialize this technology.
Federal R&D is responsible for many of the industries and
technologies that now drive our national wealth--the most earth-
shattering example, the Internet, developed by government scientists at
DARPA.
Federal research spawned the biotech and semiconductor industries;
gave us tools like the laser, GPS, and MRI; and, through the World Wide
Web and the Internet, has entirely changed the way we find a
restaurant, talk to our children, and sell cars.
The role of the private sector in developing technology is vital, and
government must lead the way in innovation, providing the patient
capital necessary to perform research without any known commercial
application or concern for profit.
I am reminded of the fascinating idea that mathematicians who develop
things in their heads, in their offices, with no application to
anything, so often, within weeks, will find that that mathematical new
idea applies to real-life situations.
Einstein marveled at the power of pure mathematics, and he said,
``How can it be that mathematics, being after all a product of human
thought which is independent of experience, is so admirably appropriate
to the objects of reality?''
In 1959, the physicist Eugene Wigner described this problem as ``the
unreasonable effectiveness of mathematics.''
H.R. 1158 helps bring these pieces together, mathematics, physics,
chemistry, biology, and technology; and I urge my colleagues to support
it.
Thank you, Chairman Smith, Mr. Hultgren, and Mr. Perlmutter.
Mr. SMITH of Texas. Mr. Speaker, I continue to reserve the balance of
my time.
Mr. LIPINSKI. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, before I wrap up on the bill we are debating right now,
I just wanted to thank Chairman Smith for his work on this, along with
Ranking Member Johnson. Working together, we were able to get these
bills done here on the floor tonight.
I know that tomorrow we will have a little bit more of a contentious
debate on a bill coming out of the Science, Space, and Technology
Committee; but I just wanted to, again, commend the chairman and
Ranking Member Johnson for our work together on these bills.
We know there are important things that we can get done and we need
to get done and will be very helpful to our Nation, and I am glad that
we were able to do those things on these bills that we have brought
forward here tonight, a good bipartisan mix of bills showing bipartisan
cooperation.
Mr. Speaker, I want to conclude by asking my colleagues to support
H.R. 1158, the Department of Energy Laboratory Modernization and
Technology Transfer Act.
I want to thank Mr. Hultgren and Mr. Perlmutter for their work on
this bill. I think there are many things that we can't even see right
now that will come out of this, but I am certain that our national labs
and the great value that they are to our Nation will continue, and this
will allow them to continue to not only do their research, but to do an
even better job of producing new technologies that will be a great
benefit to all of us.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, H.R. 1158, the Department of Energy
Laboratory Modernization and Technology Transfer Act of 2015, enables
the Department of Energy (DOE) to better form partnerships with non-
federal entities and transfer research to the private sector.
I thank the gentleman from Illinois, Rep. Randy Hultgren, for his
initiative on this issue, and the gentleman from Colorado, Rep. Ed
Perlmutter, for it cosponsoring this important legislation.
The Department of Energy is the largest federal supporter of basic
research and development and sponsors 47 percent of federal basic
research in the physical sciences.
The Department's science and energy research is conducted at over 300
sites nationwide. More than 31,000 researchers take advantage of DOE
user facilities each year.
This includes the Department's 17 National Labs, which provide the
foundation for the Department of Energy's research and development
infrastructure.
These labs keep America at the forefront of global technological
capabilities. They ensure that we continue to conduct critical research
in high energy physics, advanced scientific computing, biological and
environmental research, nuclear physics, fusion energy sciences, basic
energy sciences, and applied energy research and development in fossil,
nuclear and renewable energy.
The innovative early stage research performed at the labs can have
great value for the private sector, but often goes unnoticed.
Because of a communication gap between the labs and the private
sector, ideas and technology are often slow to reach the market. And
federal government red tape discourages the private sector from using
the unique state-of-the-art facilities the national labs offer.
This bill grants lab directors signature authority for agreements
with private sector entities valued at less than $1 million. And it
extends a pilot program that allows for more flexible contract terms
between companies and lab operators.
This bill also requires DOE to assess its capability to authorize,
host, and oversee privately funded fusion research and next generation
fission reactor prototypes.
Due to regulatory uncertainty from the Nuclear Regulatory Commission,
the private sector currently has little incentive or ability to build
reactor prototypes.
This legislation represents a bipartisan, bicameral agreement to
modernize and increase the productivity of the DOE national lab system.
I again thank Mr. Hultgren and Mr. Perlmutter for their initiative on
this issue and encourage my colleagues to support this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Smith) that the House suspend the rules and
pass the bill, H.R. 1158, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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