[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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