[House Report 114-124]
[From the U.S. Government Publishing Office]


114th Congress   }                                         {     Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                         {    114-124

======================================================================



 
 DEPARTMENT OF ENERGY LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER 
                              ACT OF 2015

                                _______
                                

  May 19, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Smith of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 1158]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 1158) to improve management of the 
National Laboratories, enhance technology commercialization, 
facilitate public-private partnerships, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     6
Section-by-Section...............................................     7
Explanation of Amendments........................................     9
Committee Consideration..........................................     9
Application of Law to the Legislative Branch.....................     9
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     9
Statement of General Performance Goals and Objectives............     9
Duplication of Federal Programs..................................    10
Disclosure of Directed Rule Makings..............................    10
Federal Advisory Committee Act...................................    10
Unfunded Mandate Statement.......................................    10
Earmark Identification...........................................    10
Committee Estimate...............................................    10
Budget Authority and Congressional Budget Office Cost Estimate...    10
Changes in Existing Law Made by the Bill as Reported.............    12

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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. Under Secretary for Science and Energy.
Sec. 102. Technology transfer and transitions assessment.
Sec. 103. Sense of Congress.
Sec. 104. Nuclear energy innovation.

     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS

Sec. 201. Agreements for Commercializing Technology pilot program.
Sec. 202. Public-private partnerships for commercialization.
Sec. 203. Inclusion of early-stage technology demonstration in 
authorized 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. UNDER SECRETARY FOR SCIENCE AND ENERGY.

  (a) In General.--Section 202(b) of the Department of Energy 
Organization Act (42 U.S.C. 7132(b)) is amended--
          (1) by striking ``Under Secretary for Science'' each place it 
        appears and inserting ``Under Secretary for Science and 
        Energy''; and
          (2) in paragraph (4)--
                  (A) in subparagraph (F), by striking ``and'' at the 
                end;
                  (B) in subparagraph (G), by striking the period at 
                the end and inserting a semicolon; and
                  (C) by inserting after subparagraph (G) the 
                following:
          ``(H) establish appropriate linkages between offices under 
        the jurisdiction of the Under Secretary; and
          ``(I) perform such functions and duties as the Secretary 
        shall prescribe, consistent with this section.''.
  (b) Conforming Amendments.--
          (1) Section 3164(b)(1) of the Department of Energy Science 
        Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by 
        striking ``Under Secretary for Science'' and inserting ``Under 
        Secretary for Science and Energy''.
          (2) Section 641(h)(2) of the United States Energy Storage 
        Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended 
        by striking ``Under Secretary for Science'' and inserting 
        ``Under Secretary for Science and Energy''.

SEC. 102. 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. 103. SENSE OF CONGRESS.

  It is the sense of the Congress that the Secretary should encourage 
the National Laboratories and federally funded research and development 
centers to inform small businesses of the opportunities and resources 
that exist pursuant to this Act.

SEC. 104. NUCLEAR ENERGY INNOVATION.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary, in consultation with the 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.
  (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.--On entering an agreement under 
        this section, the director of a National Laboratory shall 
        submit to the Secretary for monitoring and review all records 
        of the National Laboratory relating to the agreement.
          (4) Rates.--The director of a National 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.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    This legislation makes targeted reforms to the relationship 
between the Department of Energy and its national laboratories. 
Laboratory directors will receive increased authority to enter 
into certain cooperative agreements with the private sector. 
Laboratory directors will receive new authority to use 
technology transfer funds for the purpose of demonstrating 
research concepts, otherwise known as ``maturation.'' The 
Department will assess its capabilities to authorize, host, and 
oversee privately funded fusion and non-light water reactor 
prototypes and related demonstration facilities at Department-
owned sites.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Department of Energy owns seventeen national 
laboratories, sixteen of which are federally funded research 
and development centers. These facilities provide unique 
scientific research capabilities critical to the Department's 
mission and keep the United States' competitive in technology 
development by providing opportunities for collaboration with 
the private sector. The legislation corrects institutional 
inefficiencies that mitigate the effectiveness of the national 
laboratories to transfer research knowhow and work products to 
the private sector.

                            COMMITTEE VIEWS

    The Committee is concerned that institutional 
inefficiencies between the Department of Energy and its 
laboratories, including onerous transactional oversight by the 
Department, harm laboratories' productivity with respect to 
cooperative research and development with the private sector 
and technology transfer. The Committee finds that the 
laboratories provide unique capabilities for the progress of 
science and technology, but have been prevented from achieving 
their potential due to bureaucratic restrictions inconsistent 
with the intent of the government-owned, contractor-operated 
model.
    The Committee is concerned about the lack of progress in 
developing fusion and next generation nuclear fission 
technology in the United States, considering the more rapid 
rate of nuclear technology advancement in previous decades and 
comparative growth for such technologies overseas. While other 
countries continue to develop prototypes and commercial 
advanced reactors, the United States appears to be at least a 
decade away from beginning construction of an advanced reactor. 
If the United States fails to regain leadership in advanced 
nuclear technology, it will lose the opportunity to compete in 
the global export market and weaken its position to influence 
global nuclear safety and nonproliferation issues.
    The Committee recognizes that the Nuclear Regulatory 
Commission regulates the operating fleet of light-water 
reactors, which generate nearly 20 percent of the United 
States' electricity while maintaining a very high record of 
safety. The Committee understands that the Commission's current 
regulatory framework is not well-suited to provide timely 
consideration of non-light water fission technology, otherwise 
known as ``advanced reactors,'' and fusion technology. The 
Commission's light-water reactor centric regulatory framework 
creates a barrier for private developers to demonstrate the 
increased safety and efficiency features of their proposed 
designs. The Committee urges the Department of Energy to place 
a higher emphasis on advanced reactor technology and 
anticipates the Department's assessment of its capabilities to 
authorize, host, and oversee privately-funded advanced reactor 
prototypes, including research projects that could lead to 
prototypes.

                          LEGISLATIVE HISTORY

    In 2014, Rep. Randy Hultgren and Rep. Derek Kilmer 
introduced H.R. 5120, Department of Energy Laboratory 
Modernization and Technology Transfer Act of 2014. In 2014, 
Senator Christopher Coons and Senator Marco Rubio introduced 
similar legislation, S. 1973, America Implementing New National 
Opportunities To Vigorously Accelerate Technology, Energy, and 
Science Act (America INNOVATES Act).
    On December 11, 2014, the Energy Subcommittee of the House 
Committee on Science, Space, and Technology held a hearing 
titled ``The Future of Nuclear Energy,'' which addressed the 
need for the Department of Energy to use its authority to 
enable prototype reactor construction and operation.

                           Section-by-Section


SEC. 1. Short title and table of contents

    The short title of this legislation is ``Department of 
Energy Laboratory Modernization and Technology Transfer Act of 
2015.''

SEC. 2. Definitions

    This section defines ``National Laboratory'' and other 
relevant terms.

SEC. 3. Savings clause

    This section states that nothing within the Subtitle shall 
abrogate or affect the primary responsibilities of any national 
laboratory or the Department of Energy (DOE).

SEC. 101. Under Secretary for Science and Energy

    Section 101 codifies the consolidation of the Under 
Secretary for Energy and Under Secretary for Science positions 
into one Under Secretary for Science and Energy.

SEC. 102. Technology transfer and transitions assessment

    This Section requires the Secretary to assess the 
effectiveness of DOE's Office of Technology Transitions and 
make recommended departmental policy changes accordingly.

SEC. 103. Sense of Congress

    Section 103 provides a sense of congress that the secretary 
should encourage the national laboratories to inform small 
businesses or relevant opportunities and resources.

SEC. 104. Nuclear energy innovation

    This Section requires DOE to assess its capabilities to 
authorize, host, and oversee privately funded fusion and non-
light water reactor prototypes at Department-owned sites.

SEC. 201. Agreements for commercializing Technology Pilot Program

    This section authorizes the Secretary to continue until 
October 31, 2017, a pilot program to institute agreements 
between national laboratories and third-party entities. These 
agreements, known as ACT agreements, provide national 
laboratories with increased authority to negotiate contract 
terms, including intellectual property rights, payment 
structures, performance guarantees, and multiparty 
collaborations. Section 201 also requires the Secretary, in 
coordination with the laboratory directors, to report on the 
effectiveness of this pilot program and provide transparency 
regarding the potential use of funds derived from federal 
contracts pursuant to this section.

SEC. 202. Public-private partnerships for commercialization

    This section delegates to the national laboratories 
signature authority for certain agreements with third-party 
entities for an amount of less than $1,000,000.

SEC. 203. Inclusion of early-stage technology demonstration in 
        authorized technology transfer activities

    Section 203 delegates to national laboratories authority to 
use technology transfer funds to carry out early-stage and pre-
commercial technology demonstration activities to attract 
private sector investment for research and technology arising 
out of the national laboratories.

SEC. 204. Funding competitiveness for institutions of higher education 
        and other nonprofit institutions

    This section exempts for a 6-year trial period universities 
and nonprofit institutions from the 20 percent cost-share 
requirement for applied research and development grants.

SEC. 205. Participation in the Innovation Corps Program

    Section 205 clarifies that the Secretary of Energy may 
enter into an agreement with the National Science Foundation 
(NSF) to enable researchers funded by DOE to participate in 
NSF's Innovation Corps program.

SEC. 301. Report by Government Accountability Office

    Section 301 instructs the GAO to submit a report within 
three years of enactment assessing the impact of the technology 
transfer activities authorized in this legislation, pursuant to 
sections 201, 202, and 203. This section also requires an 
assessment of DOE's efforts to promote technology transfer.

                       Explanation of Amendments

    The Committee on Science, Space, and Technology agreed to 
an amendment by voice vote that prevents majority foreign-owned 
companies from entering into agreements under section 202 of 
this legislation.

                        Committee Consideration

    On March 4, 2015 the Committee met in open session and 
ordered reported favorably the bill, H.R. 1158, as amended, by 
voice vote, a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill makes targeted reforms to the relationship between 
the Department of Energy and its national laboratories. As such 
this bill does not relate to employment or access to public 
services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives to urge the Department of Energy to place 
a higher emphasis on advanced reactor technology and 
anticipates the Department's assessment of its capabilities to 
authorize, host, and oversee privately-funded advanced reactor 
prototypes, including research projects that could lead to 
prototypes.

                    Duplication of Federal Programs

    No provision of H.R. 1158 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 1158 does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 1158 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1158. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1158 from the Director of 
Congressional Budget Office:

                                                    April 22, 2015.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1158, the 
Department of Energy Laboratory Modernization and Technology 
Transfer Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Marin 
Burnett.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 1158--Department of Energy Laboratory Modernization and Technology 
        Transfer Act of 2015

    H.R. 1158 would authorize the Department of Energy and the 
directors of its national laboratories to enter into agreements 
to increase collaboration with non-federal entities for 
research and technology exchange projects. The legislation 
would authorize the directors to continue to engage in 
Agreements for Commercializing Technology (ACT), a pilot 
program that allows private entities to partner with 
participating national laboratories for research and 
development. It also would authorize them to enter into certain 
agreements valued at less than $1 million prior to approval by 
the Department of Energy. The bill would require the Secretary 
of Energy and Comptroller General to submit reports to the 
Congress respectively on nuclear energy innovation and the 
result of new partnerships created by the legislation.
    Under current law, the agreements affected by the 
legislation require the directors of national laboratories to 
obtain insurance for any contract that creates a partnership 
with a third party. In certain situations, directors may be 
reimbursed by the federal government for the cost of 
liabilities to third parties that are not covered by insurance. 
Implementing the legislation would likely increase the number 
of partnerships with national laboratories, thereby increasing 
DOE's potential reimbursement payments to lab directors.
    In the past those reimbursements have been made with funds 
from the Department of Energy's existing appropriations, thus, 
CBO estimates that implementing the bill could increase 
discretionary spending. However, based on information about the 
size and probability of such payments in the past, CBO 
estimates that any additional costs under the bill would be 
insignificant. Enacting H.R. 1158 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 1158 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit public universities participating in federal 
technology commercialization programs.
    The CBO staff contact for this estimate is Marin Burnett. 
The estimate was approved by Theresa Gullo, Assistant Director 
for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                 DEPARTMENT OF ENERGY ORGANIZATION ACT




           *       *       *       *       *       *       *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT

           *       *       *       *       *       *       *



                           principal officers

  Sec. 202. (a) There shall be in the Department a Deputy 
Secretary, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and who shall be 
compensated at the rate provided for level II of the Executive 
Schedule under section 5313 of title 5, United States Code. The 
Deputy Secretary shall act for and exercise the functions of 
the Secretary during the absence or disability of the Secretary 
or in the event the office of Secretary becomes vacant. The 
Secretary shall designate the order in which the Under 
Secretary and other officials shall act for and perform the 
functions of the Secretary during the absence or disability of 
both the Secretary and Deputy Secretary or in the event of 
vacancies in both of those offices.
  (b)(1) There shall be in the Department an [Under Secretary 
for Science] Under Secretary for Science and Energy, who shall 
be appointed by the President, by and with the advice and 
consent of the Senate.
  (2) The Under Secretary shall be compensated at the rate 
provided for level III of the Executive Schedule under section 
5314 of title 5, United States Code.
  (3) The [Under Secretary for Science] Under Secretary for 
Science and Energy shall be appointed from among persons who--
          (A) have extensive background in scientific or 
        engineering fields; and
          (B) are well qualified to manage the civilian 
        research and development programs of the Department.
  (4) The [Under Secretary for Science] Under Secretary for 
Science and Energy shall--
          (A) serve as the Science and Technology Advisor to 
        the Secretary;
          (B) monitor the research and development programs of 
        the Department in order to advise the Secretary with 
        respect to any undesirable duplication or gaps in the 
        programs;
          (C) advise the Secretary with respect to the well-
        being and management of the multipurpose laboratories 
        under the jurisdiction of the Department;
          (D) advise the Secretary with respect to education 
        and training activities required for effective short- 
        and long-term basic and applied research activities of 
        the Department;
          (E) advise the Secretary with respect to grants and 
        other forms of financial assistance required for 
        effective short- and long-term basic and applied 
        research activities of the Department;
          (F) advise the Secretary with respect to long-term 
        planning, coordination, and development of a strategic 
        framework for Department research and development 
        activities; [and]
          (G) carry out such additional duties assigned to the 
        Under Secretary by the Secretary relating to basic and 
        applied research, including supervision or support of 
        research activities carried out by any of the Assistant 
        Secretaries designated by section 203 of this Act, as 
        the Secretary considers advantageous[.];
          (H) establish appropriate linkages between offices 
        under the jurisdiction of the Under Secretary; and
          (I) perform such functions and duties as the 
        Secretary shall prescribe, consistent with this 
        section.
  (c)(1) There shall be in the Department an Under Secretary 
for Nuclear Security, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Under 
Secretary shall be compensated at the rate provided for at 
level III of the Executive Schedule under section 5314 of title 
5, United States Code.
  (2) The Under Secretary for Nuclear Security shall be 
appointed from among persons who--
          (A) have extensive background in national security, 
        organizational management, and appropriate technical 
        fields; and
          (B) are well qualified to manage the nuclear weapons, 
        nonproliferation, and materials disposition programs of 
        the National Nuclear Security Administration in a 
        manner that advances and protects the national security 
        of the United States.
  (3) The Under Secretary for Nuclear Security shall serve as 
the Administrator for Nuclear Security under section 3212 of 
the National Nuclear Security Administration Act. In carrying 
out the functions of the Administrator, the Under Secretary 
shall be subject to the authority, direction, and control of 
the Secretary. Such authority, direction, and control may be 
delegated only to the Deputy Secretary of Energy, without 
redelegation.
  (d)(1) There shall be in the Department an Under Secretary, 
who shall be appointed by the President, by and with the advice 
and consent of the Senate, and who shall perform such functions 
and duties as the Secretary shall prescribe, consistent with 
this section.
  (2) The Under Secretary shall be compensated at the rate 
provided for level III of the Executive Schedule under section 
5314 of title 5, United States Code.
  (e)(1) There shall be in the Department a General Counsel, 
who shall be appointed by the President, by and with the advice 
and consent of the Senate, and who shall perform such functions 
and duties as the Secretary shall prescribe.
  (2) The General Counsel shall be compensated at the rate 
provided for level IV of the Executive Schedule under section 
5315 of title 5, United States Code.

           *       *       *       *       *       *       *

                              ----------                              


         DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCEMENT ACT



           *       *       *       *       *       *       *
           DIVISION C--OTHER NATIONAL DEFENSE AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

           *       *       *       *       *       *       *


        Part E--Department of Energy Science Education Programs

SEC. 3161. SHORT TITLE.

  This part may be cited as the ``Department of Energy Science 
Education Enhancement Act''.

           *       *       *       *       *       *       *


Subpart A--Science Education Enhancement

           *       *       *       *       *       *       *


SEC. 3164. SCIENCE EDUCATION PROGRAMS.

  (a) Programs.--The Secretary is authorized to establish 
programs to enhance the quality of mathematics, science, and 
engineering education. Any such programs shall be operated at 
or through the support of Department research and development 
facilities, shall use the scientific resources of the 
Department, and shall be consistent with the overall Federal 
plan for education and human resources in science and 
technology developed by the Federal Coordinating Council for 
Science, Engineering, and Technology.
  (b) Organization of Science, Engineering, and Mathematics 
Education Programs.--
          (1) Director of science, engineering, and mathematics 
        education.--Notwithstanding any other provision of law, 
        the Secretary, acting through the [Under Secretary for 
        Science] Under Secretary for Science and Energy 
        (referred to in this subsection as the ``Under 
        Secretary''), shall appoint a Director of Science, 
        Engineering, and Mathematics Education (referred to in 
        this subsection as the ``Director'') with the principal 
        responsibility for administering science, engineering, 
        and mathematics education programs across all functions 
        of the Department.
          (2) Qualifications.--The Director shall be an 
        individual, who by reason of professional background 
        and experience, is specially qualified to advise the 
        Under Secretary on all matters pertaining to science, 
        engineering, and mathematics education at the 
        Department.
          (3) Duties.--The Director shall--
                  (A) oversee all science, engineering, and 
                mathematics education programs of the 
                Department;
                  (B) represent the Department as the principal 
                interagency liaison for all science, 
                engineering, and mathematics education 
                programs, unless otherwise represented by the 
                Secretary or the Under Secretary;
                  (C) prepare the annual budget and advise the 
                Under Secretary on all budgetary issues for 
                science, engineering, and mathematics education 
                programs of the Department;
                  (D) increase, to the maximum extent 
                practicable, the participation and advancement 
                of women and underrepresented minorities at 
                every level of science, technology, 
                engineering, and mathematics education; and
                  (E) perform other such matters relating to 
                science, engineering, and mathematics education 
                as are required by the Secretary or the Under 
                Secretary.
          (4) Staff and other resources.--The Secretary shall 
        assign to the Director such personnel and other 
        resources as the Secretary considers necessary to 
        permit the Director to carry out the duties of the 
        Director.
          (5) Assessment.--
                  (A) In general.--The Secretary shall offer to 
                enter into a contract with the National Academy 
                of Sciences under which the National Academy, 
                not later than 5 years after, and not later 
                than 10 years after, the date of enactment of 
                this paragraph, shall assess the performance of 
                the science, engineering, and mathematics 
                education programs of the Department.
                  (B) Considerations.--An assessment under this 
                paragraph shall be conducted taking into 
                consideration, where applicable, the effect of 
                science, engineering, and mathematics education 
                programs of the Department on student academic 
                achievement in science and mathematics.
          (6) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
  (c) Relationship to Other Department Activities.--The 
programs described in subsection (a) shall supplement and be 
coordinated with current activities of the Department, but 
shall not supplant them.
  (d) Science, Engineering, and Mathematics Education Fund.--
The Secretary shall establish a Science, Engineering, and 
Mathematics Education Fund, using not less than 0.3 percent of 
the amount made available to the Department for research, 
development, demonstration, and commercial application for each 
fiscal year, to carry out sections 3165, 3166, and 3167.
  (e) Annual Plan for Allocation of Education Funding.--The 
Secretary shall submit to Congress as part of the annual budget 
submission for a fiscal year a report describing the manner in 
which the Department has complied with subsection (d) for the 
prior fiscal year and the manner in which the Department 
proposes to comply with subsection (d) during the following 
fiscal year, including--
          (1) the total amount of funding for research, 
        development, demonstration, and commercial application 
        activities for the corresponding fiscal year;
          (2) the amounts set aside for the Science, 
        Engineering, and Mathematics Education Fund under 
        subsection (d) from funding for research activities, 
        development activities, demonstration activities, and 
        commercial application activities for the corresponding 
        fiscal year; and
          (3) a description of how the funds set aside under 
        subsection (d) were allocated for the prior fiscal year 
        and will be allocated for the following fiscal year.
  (f) Programs for Students From Under-Represented Groups.--In 
carrying out a program under subsection (a), the Secretary 
shall give priority to activities that are designed to 
encourage students from under-represented groups to pursue 
scientific and technical careers.

           *       *       *       *       *       *       *

                              ----------                              


        UNITED STATES ENERGY STORAGE COMPETITIVENESS ACT OF 2007



           *       *       *       *       *       *       *
SEC. 641. ENERGY STORAGE COMPETITIVENESS.

  (a) Short Title.--This section may be cited as the ``United 
States Energy Storage Competitiveness Act of 2007''.
  (b) Definitions.--In this section:
          (1) Council.--The term ``Council'' means the Energy 
        Storage Advisory Council established under subsection 
        (e).
          (2) Compressed air energy storage.--The term 
        ``compressed air energy storage'' means, in the case of 
        an electricity grid application, the storage of energy 
        through the compression of air.
          (3) Electric drive vehicle.--The term ``electric 
        drive vehicle'' means--
                  (A) a vehicle that uses an electric motor for 
                all or part of the motive power of the vehicle, 
                including battery electric, hybrid electric, 
                plug-in hybrid electric, fuel cell, and plug-in 
                fuel cell vehicles and rail transportation 
                vehicles; or
                  (B) mobile equipment that uses an electric 
                motor to replace an internal combustion engine 
                for all or part of the work of the equipment.
          (4) Islanding.--The term ``islanding'' means a 
        distributed generator or energy storage device 
        continuing to power a location in the absence of 
        electric power from the primary source.
          (5) Flywheel.--The term ``flywheel'' means, in the 
        case of an electricity grid application, a device used 
        to store rotational kinetic energy.
          (6) Microgrid.--The term ``microgrid'' means an 
        integrated energy system consisting of interconnected 
        loads and distributed energy resources (including 
        generators and energy storage devices), which as an 
        integrated system can operate in parallel with the 
        utility grid or in an intentional islanding mode.
          (7) Self-healing grid.--The term ``self-healing 
        grid'' means a grid that is capable of automatically 
        anticipating and responding to power system 
        disturbances (including the isolation of failed 
        sections and components), while optimizing the 
        performance and service of the grid to customers.
          (8) Spinning reserve services.--The term ``spinning 
        reserve services'' means a quantity of electric 
        generating capacity in excess of the quantity needed to 
        meet peak electric demand.
          (9) Ultracapacitor.--The term ``ultracapacitor'' 
        means an energy storage device that has a power density 
        comparable to a conventional capacitor but is capable 
        of exceeding the energy density of a conventional 
        capacitor by several orders of magnitude.
  (c) Program.--The Secretary shall carry out a research, 
development, and demonstration program to support the ability 
of the United States to remain globally competitive in energy 
storage systems for electric drive vehicles, stationary 
applications, and electricity transmission and distribution.
  (d) Coordination.--In carrying out the activities of this 
section, the Secretary shall coordinate relevant efforts with 
appropriate Federal agencies, including the Department of 
Transportation.
  (e) Energy Storage Advisory Council.--
          (1) Establishment.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary shall 
        establish an Energy Storage Advisory Council.
          (2) Composition.--
                  (A) In general.--Subject to subparagraph (B), 
                the Council shall consist of not less than 15 
                individuals appointed by the Secretary, based 
                on recommendations of the National Academy of 
                Sciences.
                  (B) Energy storage industry.--The Council 
                shall consist primarily of representatives of 
                the energy storage industry of the United 
                States.
                  (C) Chairperson.--The Secretary shall select 
                a Chairperson for the Council from among the 
                members appointed under subparagraph (A).
          (3) Meetings.--
                  (A) In general.--The Council shall meet not 
                less than once a year.
                  (B) Federal advisory committee act.--The 
                Federal Advisory Committee Act (5 U.S.C. App.) 
                shall apply to a meeting of the Council.
          (4) Plans.--No later than 1 year after the date of 
        enactment of this Act and every 5 years thereafter, the 
        Council, in conjunction with the Secretary, shall 
        develop a 5-year plan for integrating basic and applied 
        research so that the United States retains a globally 
        competitive domestic energy storage industry for 
        electric drive vehicles, stationary applications, and 
        electricity transmission and distribution.
          (5) Review.--The Council shall--
                  (A) assess, every 2 years, the performance of 
                the Department in meeting the goals of the 
                plans developed under paragraph (4); and
                  (B) make specific recommendations to the 
                Secretary on programs or activities that should 
                be established or terminated to meet those 
                goals.
  (f) Basic Research Program.--
          (1) Basic research.--The Secretary shall conduct a 
        basic research program on energy storage systems to 
        support electric drive vehicles, stationary 
        applications, and electricity transmission and 
        distribution, including--
                  (A) materials design;
                  (B) materials synthesis and characterization;
                  (C) electrode-active materials, including 
                electrolytes and bioelectrolytes;
                  (D) surface and interface dynamics;
                  (E) modeling and simulation; and
                  (F) thermal behavior and life degradation 
                mechanisms.
          (2) Nanoscience centers.--The Secretary, in 
        cooperation with the Council, shall coordinate the 
        activities of the nanoscience centers of the Department 
        to help the energy storage research centers of the 
        Department maintain a globally competitive posture in 
        energy storage systems for electric drive vehicles, 
        stationary applications, and electricity transmission 
        and distribution.
          (3) Funding.--For activities carried out under this 
        subsection, in addition to funding activities at 
        National Laboratories, the Secretary shall award funds 
        to, and coordinate activities with, a range of 
        stakeholders including the public, private, and 
        academic sectors.
  (g) Applied Research Program.--
          (1) In general.--The Secretary shall conduct an 
        applied research program on energy storage systems to 
        support electric drive vehicles, stationary 
        applications, and electricity transmission and 
        distribution technologies, including--
                  (A) ultracapacitors;
                  (B) flywheels;
                  (C) batteries and battery systems (including 
                flow batteries);
                  (D) compressed air energy systems;
                  (E) power conditioning electronics;
                  (F) manufacturing technologies for energy 
                storage systems;
                  (G) thermal management systems; and
                  (H) hydrogen as an energy storage medium.
          (2) Funding.--For activities carried out under this 
        subsection, in addition to funding activities at 
        National Laboratories, the Secretary shall provide 
        funds to, and coordinate activities with, a range of 
        stakeholders, including the public, private, and 
        academic sectors.
  (h) Energy Storage Research Centers.--
          (1) In general.--The Secretary shall establish, 
        through competitive bids, not more than 4 energy 
        storage research centers to translate basic research 
        into applied technologies to advance the capability of 
        the United States to maintain a globally competitive 
        posture in energy storage systems for electric drive 
        vehicles, stationary applications, and electricity 
        transmission and distribution.
          (2) Program management.--The centers shall be managed 
        by the [Under Secretary for Science] Under Secretary 
        for Science and Energy of the Department.
          (3) Participation agreements.--As a condition of 
        participating in a center, a participant shall enter 
        into a participation agreement with the center that 
        requires that activities conducted by the participant 
        for the center promote the goal of enabling the United 
        States to compete successfully in global energy storage 
        markets.
          (4) Plans.--A center shall conduct activities that 
        promote the achievement of the goals of the plans of 
        the Council under subsection (e)(4).
          (5) National laboratories.--A national laboratory (as 
        defined in section 2 of the Energy Policy Act of 2005 
        (42 U.S.C. 15801)) may participate in a center 
        established under this subsection, including a 
        cooperative research and development agreement (as 
        defined in section 12(d) of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d))).
          (6) Disclosure.--Section 623 of the Energy Policy Act 
        of 1992 (42 U.S.C. 13293) may apply to any project 
        carried out through a grant, contract, or cooperative 
        agreement under this subsection.
          (7) Intellectual property.--In accordance with 
        section 202(a)(ii) of title 35, United States Code, 
        section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 
        2182), and section 9 of the Federal Nonnuclear Energy 
        Research and Development Act of 1974 (42 U.S.C. 5908), 
        the Secretary may require, for any new invention 
        developed under this subsection, that--
                  (A) if an industrial participant is active in 
                a energy storage research center established 
                under this subsection relating to the 
                advancement of energy storage technologies 
                carried out, in whole or in part, with Federal 
                funding, the industrial participant be granted 
                the first option to negotiate with the 
                invention owner, at least in the field of 
                energy storage technologies, nonexclusive 
                licenses, and royalties on terms that are 
                reasonable, as determined by the Secretary;
                  (B) if 1 or more industry participants are 
                active in a center, during a 2-year period 
                beginning on the date on which an invention is 
                made--
                          (i) the patent holder shall not 
                        negotiate any license or royalty 
                        agreement with any entity that is not 
                        an industrial participant under this 
                        subsection; and
                          (ii) the patent holder shall 
                        negotiate nonexclusive licenses and 
                        royalties in good faith with any 
                        interested industrial participant under 
                        this subsection; and
                  (C) the new invention be developed under such 
                other terms as the Secretary determines to be 
                necessary to promote the accelerated 
                commercialization of inventions made under this 
                subsection to advance the capability of the 
                United States to successfully compete in global 
                energy storage markets.
  (i) Energy Storage Systems Demonstrations.--
          (1) In general.--The Secretary shall carry out a 
        program of new demonstrations of advanced energy 
        storage systems.
          (2) Scope.--The demonstrations shall--
                  (A) be regionally diversified; and
                  (B) expand on the existing technology 
                demonstration program of the Department.
          (3) Stakeholders.--In carrying out the 
        demonstrations, the Secretary shall, to the maximum 
        extent practicable, include the participation of a 
        range of stakeholders, including--
                  (A) rural electric cooperatives;
                  (B) investor owned utilities;
                  (C) municipally owned electric utilities;
                  (D) energy storage systems manufacturers;
                  (E) electric drive vehicle manufacturers;
                  (F) the renewable energy production industry;
                  (G) State or local energy offices;
                  (H) the fuel cell industry; and
                  (I) institutions of higher education.
          (4) Objectives.--Each of the demonstrations shall 
        include 1 or more of the following:
                  (A) Energy storage to improve the feasibility 
                of microgrids or islanding, or transmission and 
                distribution capability, to improve reliability 
                in rural areas.
                  (B) Integration of an energy storage system 
                with a self-healing grid.
                  (C) Use of energy storage to improve security 
                to emergency response infrastructure and ensure 
                availability of emergency backup power for 
                consumers.
                  (D) Integration with a renewable energy 
                production source, at the source or away from 
                the source.
                  (E) Use of energy storage to provide 
                ancillary services, such as spinning reserve 
                services, for grid management.
                  (F) Advancement of power conversion systems 
                to make the systems smarter, more efficient, 
                able to communicate with other inverters, and 
                able to control voltage.
                  (G) Use of energy storage to optimize 
                transmission and distribution operation and 
                power quality, which could address overloaded 
                lines and maintenance of transformers and 
                substations.
                  (H) Use of advanced energy storage for peak 
                load management of homes, businesses, and the 
                grid.
                  (I) Use of energy storage devices to store 
                energy during nonpeak generation periods to 
                make better use of existing grid assets.
  (j) Vehicle Energy Storage Demonstration.--
          (1) In general.--The Secretary shall carry out a 
        program of electric drive vehicle energy storage 
        technology demonstrations.
          (2) Consortia.--The technology demonstrations shall 
        be conducted through consortia, which may include--
                  (A) energy storage systems manufacturers and 
                suppliers of the manufacturers;
                  (B) electric drive vehicle manufacturers;
                  (C) rural electric cooperatives;
                  (D) investor owned utilities;
                  (E) municipal and rural electric utilities;
                  (F) State and local governments;
                  (G) metropolitan transportation authorities; 
                and
                  (H) institutions of higher education.
          (3) Objectives.--The program shall demonstrate 1 or 
        more of the following:
                  (A) Novel, high capacity, high efficiency 
                energy storage, charging, and control systems, 
                along with the collection of data on 
                performance characteristics, such as battery 
                life, energy storage capacity, and power 
                delivery capacity.
                  (B) Advanced onboard energy management 
                systems and highly efficient battery cooling 
                systems.
                  (C) Integration of those systems on a 
                prototype vehicular platform, including with 
                drivetrain systems for passenger, commercial, 
                and nonroad electric drive vehicles.
                  (D) New technologies and processes that 
                reduce manufacturing costs.
                  (E) Integration of advanced vehicle 
                technologies with electricity distribution 
                system and smart metering technology.
                  (F) Control systems that minimize emissions 
                profiles in cases in which clean diesel engines 
                are part of a plug-in hybrid drive system.
  (k) Secondary Applications and Disposal of Electric Drive 
Vehicle Batteries.--The Secretary shall carry out a program of 
research, development, and demonstration of--
          (1) secondary applications of energy storage devices 
        following service in electric drive vehicles; and
          (2) technologies and processes for final recycling 
        and disposal of the devices.
  (l) Cost Sharing.--The Secretary shall carry out the programs 
established under this section in accordance with section 988 
of the Energy Policy Act of 2005 (42 U.S.C. 16352).
  (m) Merit Review of Proposals.--The Secretary shall carry out 
the programs established under subsections (i), (j), and (k) in 
accordance with section 989 of the Energy Policy Act of 2005 
(42 U.S.C. 16353).
  (n) Coordination and Nonduplication.--To the maximum extent 
practicable, the Secretary shall coordinate activities under 
this section with other programs and laboratories of the 
Department and other Federal research programs.
  (o) Review by National Academy of Sciences.--On the business 
day that is 5 years after the date of enactment of this Act, 
the Secretary shall offer to enter into an arrangement with the 
National Academy of Sciences to assess the performance of the 
Department in carrying out this section.
  (p) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out--
          (1) the basic research program under subsection (f) 
        $50,000,000 for each of fiscal years 2009 through 2018;
          (2) the applied research program under subsection (g) 
        $80,000,000 for each of fiscal years 2009 through 2018; 
        and;
          (3) the energy storage research center program under 
        subsection (h) $100,000,000 for each of fiscal years 
        2009 through 2018;
          (4) the energy storage systems demonstration program 
        under subsection (i) $30,000,000 for each of fiscal 
        years 2009 through 2018;
          (5) the vehicle energy storage demonstration program 
        under subsection (j) $30,000,000 for each of fiscal 
        years 2009 through 2018; and
          (6) the secondary applications and disposal of 
        electric drive vehicle batteries program under 
        subsection (k) $5,000,000 for each of fiscal years 2009 
        through 2018.

           *       *       *       *       *       *       *

                              ----------                              


           STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980



           *       *       *       *       *       *       *
SEC. 12. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.

  (a) General Authority.--[Each Federal agency]
          (1) In general._Except as provided in paragraph (2), 
        each Federal agency may permit the director of any of 
        its Government-operated Federal laboratories, and, to 
        the extent provided in an agency-approved joint work 
        statement or, if permitted by the agency, in an agency-
        approved annual strategic plan, contractor-operated 
        laboratories--
                  [(1)] (A) to enter into cooperative research 
                and development agreements on behalf of such 
                agency (subject to subsection (c) of this 
                section) with other Federal agencies; units of 
                State or local government; industrial 
                organizations (including corporations, 
                partnerships, and limited partnerships, and 
                industrial development organizations); public 
                and private foundations; nonprofit 
                organizations (including universities); or 
                other persons (including licensees of 
                inventions owned by the Federal agency); and
                  [(2)] (B) to negotiate licensing agreements 
                under section 207 of title 35, United States 
                Code, or under other authorities (in the case 
                of a Government-owned, contractor-operated 
                laboratory, subject to subsection (c) of this 
                section) for inventions made or other 
                intellectual property developed at the 
                laboratory and other inventions or other 
                intellectual property that may be voluntarily 
                assigned to the Government.
          (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.
  (b) Enumerated Authority.--(1) Under an agreement entered 
into pursuant to [subsection (a)(1)] subsection (a)(1)(A), the 
laboratory may grant, or agree to grant in advance, to a 
collaborating party patent licenses or assignments, or options 
thereto, in any invention made in whole or in part by a 
laboratory employee under the agreement, or, subject to section 
209 of title 35, United States Code, may grant a license to an 
invention which is federally owned, for which a patent 
application was filed before the signing of the agreement, and 
directly within the scope of the work under the agreement, for 
reasonable compensation when appropriate. The laboratory shall 
ensure, through such agreement, that the collaborating party 
has the option to choose an exclusive license for a pre-
negotiated field of use for any such invention under the 
agreement or, if there is more than one collaborating party, 
that the collaborating parties are offered the option to hold 
licensing rights that collectively encompass the rights that 
would be held under such an exclusive license by one party. In 
consideration for the Government's contribution under the 
agreement, grants under this paragraph shall be subject to the 
following explicit conditions:
          (A) A nonexclusive, nontransferable, irrevocable, 
        paid-up license from the collaborating party to the 
        laboratory to practice the invention or have the 
        invention practiced throughout the world by or on 
        behalf of the Government. In the exercise of such 
        license, the Government shall not publicly disclose 
        trade secrets or commercial or financial information 
        that is privileged or confidential within the meaning 
        of section 552(b)(4) of title 5, United States Code, or 
        which would be considered as such if it had been 
        obtained from a non-Federal party.
          (B) If a laboratory assigns title or grants an 
        exclusive license to such an invention, the Government 
        shall retain the right--
                  (i) to require the collaborating party to 
                grant to a responsible applicant a 
                nonexclusive, partially exclusive, or exclusive 
                license to use the invention in the applicant's 
                licensed field of use, on terms that are 
                reasonable under the circumstances; or
                  (ii) if the collaborating party fails to 
                grant such a license, to grant the license 
                itself.
          (C) The Government may exercise its right retained 
        under subparagraph (B) only in exceptional 
        circumstances and only if the Government determines 
        that--
                  (i) the action is necessary to meet health or 
                safety needs that are not reasonably satisfied 
                by the collaborating party;
                  (ii) the action is necessary to meet 
                requirements for public use specified by 
                Federal regulations, and such requirements are 
                not reasonably satisfied by the collaborating 
                party; or
                  (iii) the collaborating party has failed to 
                comply with an agreement containing provisions 
                described in subsection (c)(4)(B).
        This determination is subject to administrative appeal 
        and judicial review under section 203(2) of title 35, 
        United States Code.
  (2) Under agreements entered into pursuant to [subsection 
(a)(1)] subsection (a)(1)(A), the laboratory shall ensure that 
a collaborating party may retain title to any invention made 
solely by its employee in exchange for normally granting the 
Government a nonexclusive, nontransferable, irrevocable, paid-
up license to practice the invention or have the invention 
practiced throughout the world by or on behalf of the 
Government for research or other Government purposes.
  (3) Under an agreement entered into pursuant to [subsection 
(a)(1)] subsection (a)(1)(A), a laboratory may--
          (A) accept, retain, and use funds, personnel, 
        services, and property from a collaborating party and 
        provide personnel, services, and property to a 
        collaborating party;
          (B) use funds received from a collaborating party in 
        accordance with subparagraph (A) to hire personnel to 
        carry out the agreement who will not be subject to 
        full-time-equivalent restrictions of the agency;
          (C) to the extent consistent with any applicable 
        agency requirements or standards of conduct, permit an 
        employee or former employee of the laboratory to 
        participate in an effort to commercialize an invention 
        made by the employee or former employee while in the 
        employment or service of the Government; and
          (D) waive, subject to reservation by the Government 
        of a nonexclusive, irrevocable, paid-up license to 
        practice the invention or have the invention practiced 
        throughout the world by or on behalf of the Government, 
        in advance, in whole or in part, any right of ownership 
        which the Federal Government may have to any subject 
        invention made under the agreement by a collaborating 
        party or employee of a collaborating party.
  (4) A collaborating party in an exclusive license in any 
invention made under an agreement entered into pursuant to 
[subsection (a)(1)] subsection (a)(1)(A) shall have the right 
of enforcement under chapter 29 of title 35, United States 
Code.
  (5) A Government-owned, contractor-operated laboratory that 
enters into a cooperative research and development agreement 
pursuant to [subsection (a)(1)] subsection (a)(1)(A) may use or 
obligate royalties or other income accruing to the laboratory 
under such agreement with respect to any invention only--
          (A) for payments to inventors;
          (B) for purposes described in clauses (i), (ii), 
        (iii), and (iv) of section 14(a)(1)(B); and
          (C) for scientific research and development 
        consistent with the research and development missions 
        and objectives of the laboratory.
  (6)(A) In the case of a laboratory that is part of the 
National Nuclear Security Administration, a designated official 
of that Administration may waive any license retained by the 
Government under paragraph (1)(A), (2), or (3)(D), in whole or 
in part and according to negotiated terms and conditions, if 
the designated official finds that the retention of the license 
by the Government would substantially inhibit the 
commercialization of an invention that would otherwise serve an 
important national security mission.
  (B) The authority to grant a waiver under subparagraph (A) 
shall expire on the date that is five years after the date of 
the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001. The expiration under 
the preceding sentence of authority to grant a waiver under 
subparagraph (A) shall not affect any waiver granted under that 
subparagraph before the expiration of such authority.
  (C) Not later than February 15 of each year, the 
Administrator for Nuclear Security shall submit to Congress a 
report on any waivers granted under this paragraph during the 
preceding year.
  (c) Contract Considerations.--(1) A Federal agency may issue 
regulations on suitable procedures for implementing the 
provisions of this section; however, implementation of this 
section shall not be delayed until issuance of such 
regulations.
  (2) The agency in permitting a Federal laboratory to enter 
into agreements under this section shall be guided by the 
purposes of this Act.
  (3)(A) Any agency using the authority given it under 
subsection (a) shall review standards of conduct for its 
employees for resolving potential conflicts of interest to make 
sure they adequately establish guidelines for situations likely 
to arise through the use of this authority, including but not 
limited to cases where present or former employees or their 
partners negotiate licenses or assignments of titles to 
inventions or negotiate cooperative research and development 
agreements with federal agencies (including the agency with 
which the employee involved is or was formerly employed).
  (B) If, in implementing subparagraph (A), an agency is unable 
to resolve potential conflicts of interest within its current 
statutory framework, it shall propose necessary statutory 
changes to be forwarded to its authorizing committees in 
Congress.
  (4) The laboratory director in deciding what cooperative 
research and development agreements to enter into shall--
          (A) give special consideration to small business 
        firms, and consortia involving small business firms; 
        and
          (B) give preference to business units located in the 
        United States which agree that products embodying 
        inventions made under the cooperative research and 
        development agreement or produced through the use of 
        such inventions will be manufactured substantially in 
        the United States and, in the case of any industrial 
        organization or other person subject to the control of 
        a foreign company or government, as appropriate, take 
        into consideration whether or not such foreign 
        government permits United States agencies, 
        organizations, or other persons to enter into 
        cooperative research and development agreements and 
        licensing agreements.
  (5)(A) If the head of the agency or his designee desires an 
opportunity to disapprove or require the modification of any 
such agreement presented by the director of a Government-
operated laboratory, the agreement shall provide a 30-day 
period within which such action must be taken beginning on the 
date the agreement is presented to him or her by the head of 
the laboratory concerned.
  (B) In any case in which the head of an agency or his 
designee disapproves or requires the modification of an 
agreement presented by the director of a Government-operated 
laboratory under this section, the head of the agency or such 
designee shall transmit a written explanation of such 
disapproval or modification to the head of the laboratory 
concerned.
  (C)(i) Any non-Federal entity that operates a laboratory 
pursuant to a contract with a Federal agency shall submit to 
the agency any cooperative research and development agreement 
that the entity proposes to enter into and the joint work 
statement if required with respect to that agreement.
  (ii) A Federal agency that receives a proposed agreement and 
joint work statement under clause (i) shall review and approve, 
request specific modifications to, or disapprove the proposed 
agreement and joint work statement within 30 days after such 
submission. No agreement may be entered into by a Government-
owned, contractor-operated laboratory under this section before 
both approval of the agreement and approval of a joint work 
statement under this clause.
  (iii) In any case in which an agency which has contracted 
with an entity referred to in clause (i) disapproves or 
requests the modification of a cooperative research and 
development agreement or joint work statement submitted under 
that clause, the agency shall transmit a written explanation of 
such disapproval or modification to the head of the laboratory 
concerned.
  (iv) Any agency that has contracted with a non-Federal entity 
to operate a laboratory may develop and provide to such 
laboratory one or more model cooperative research and 
development agreements for purposes of standardizing practices 
and procedures, resolving common legal issues, and enabling 
review of cooperative research and development agreements to be 
carried out in a routine and prompt manner.
  (v) A Federal agency may waive the requirements of clause (i) 
or (ii) under such circumstances as the agency considers 
appropriate.
  (6) Each agency shall maintain a record of all agreements 
entered into under this section.
  (7)(A) No trade secrets or commercial or financial 
information that is privileged or confidential, under the 
meaning of section 552(b)(4) of title 5, United States Code, 
which is obtained in the conduct of research or as a result of 
activities under this Act from a non-Federal party 
participating in a cooperative research and development 
agreement shall be disclosed.
  (B) The director, or in the case of a contractor-operated 
laboratory, the agency, for a period of up to 5 years after 
development of information that results from research and 
development activities conducted under this Act and that would 
be a trade secret or commercial or financial information that 
is privileged or confidential if the information had been 
obtained from a non-Federal party participating in a 
cooperative research and development agreement, may provide 
appropriate protections against the dissemination of such 
information, including exemption from subchapter II of chapter 
5 of title 5, United States Code.
  (d) Definition.--As used in this section--
          (1) the term ``cooperative research and development 
        agreement'' means any agreement between one or more 
        Federal laboratories and one or more non-Federal 
        parties under which the Government, through its 
        laboratories, provides personnel, services, facilities, 
        equipment, intellectual property, or other resources 
        with or without reimbursement (but not funds to non-
        Federal parties) and the non-Federal parties provide 
        funds, personnel, services, facilities, equipment, 
        intellectual property, or other resources toward the 
        conduct of specified research or development efforts 
        which are consistent with the missions of the 
        laboratory; except that such term does not include a 
        procurement contract or cooperative agreement as those 
        terms are used in sections 6303, 6304, and 6305 of 
        title 31, United States Code;
          (2) the term ``laboratory'' means--
                  (A) a facility or group of facilities owned, 
                leased, or otherwise used by a Federal agency, 
                a substantial purpose of which is the 
                performance of research, development, or 
                engineering by employees of the Federal 
                Government;
                  (B) a group of Government-owned, contractor-
                operated facilities (including a weapon 
                production facility of the Department of 
                Energy) under a common contract, when a 
                substantial purpose of the contract is the 
                performance of research and development, or the 
                production, maintenance, testing, or 
                dismantlement of a nuclear weapon or its 
                components, for the Federal Government; and
                  (C) a Government-owned, contractor-operated 
                facility (including a weapon production 
                facility of the Department of Energy) that is 
                not under a common contract described in 
                subparagraph (B), and the primary purpose of 
                which is the performance of research and 
                development, or the production, maintenance, 
                testing, or dismantlement of a nuclear weapon 
                or its components, for the Federal Government,
        but such term does not include any facility covered by 
        Executive Order No. 12344, dated February 1, 1982, 
        pertaining to the naval nuclear propulsion program;
          (3) the term ``joint work statement'' means a 
        proposal prepared for a Federal agency by the director 
        of a Government-owned, contractor-operated laboratory 
        describing the purpose and scope of a proposed 
        cooperative research and development agreement, and 
        assigning rights and responsibilities among the agency, 
        the laboratory, and any other party or parties to the 
        proposed agreement; and
          (4) the term ``weapon production facility of the 
        Department of Energy'' means a facility under the 
        control or jurisdiction of the Secretary of Energy that 
        is operated for national security purposes and is 
        engaged in the production, maintenance, testing, or 
        dismantlement of a nuclear weapon or its components.
  (e) Determination of Laboratory Missions.--For purposes of 
this section, an agency shall make separate determinations of 
the mission or missions of each of its laboratories.
  (f) Relationship to Other Laws.--Nothing in this section is 
intended to limit or diminish existing authorities of any 
agency.
  (g) Principles.--In implementing this section, each agency 
which has contracted with a non-Federal entity to operate a 
laboratory shall be guided by the following principles:
          (1) The implementation shall advance program missions 
        at the laboratory, including any national security 
        mission.
          (2) Classified information and unclassified sensitive 
        information protected by law, regulation, or Executive 
        order shall be appropriately safeguarded.

           *       *       *       *       *       *       *

                              ----------                              


                       ENERGY POLICY ACT OF 2005



           *       *       *       *       *       *       *
TITLE IX--RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *


Subtitle I--Research Administration and Operations

           *       *       *       *       *       *       *


SEC. 988. COST SHARING.

  (a) Applicability.--Notwithstanding any other provision of 
law, in carrying out a research, development, demonstration, or 
commercial application program or activity that is initiated 
after the date of enactment of this section, the Secretary 
shall require cost-sharing in accordance with this section.
  (b) Research and Development.--
          (1) In general.--[Except as provided in paragraphs 
        (2) and (3)] Except as provided in paragraphs (2), (3), 
        and (4) and subsection (f), the Secretary shall require 
        not less than 20 percent of the cost of a research or 
        development activity described in subsection (a) to be 
        provided by a non-Federal source.
          (2) Exclusion.--Paragraph (1) shall not apply to a 
        research or development activity described in 
        subsection (a) that is of a basic or fundamental 
        nature, as determined by the appropriate officer of the 
        Department.
          (3) Reduction.--The Secretary may reduce or eliminate 
        the requirement of paragraph (1) for a research and 
        development activity of an applied nature if the 
        Secretary determines that the reduction is necessary 
        and appropriate.
          (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.
  (c) Demonstration and Commercial Application.--
          (1) In general.--Except as provided in paragraph (2) 
        and subsection (f), the Secretary shall require that 
        not less than 50 percent of the cost of a demonstration 
        or commercial application activity described in 
        subsection (a) to be provided by a non-Federal source.
          (2) Reduction of non-federal share.--The Secretary 
        may reduce the non-Federal share required under 
        paragraph (1) if the Secretary determines the reduction 
        to be necessary and appropriate, taking into 
        consideration any technological risk relating to the 
        activity.
  (d) Calculation of Amount.--In calculating the amount of a 
non-Federal contribution under this section, the Secretary--
          (1) may include allowable costs in accordance with 
        the applicable cost principles, including--
                  (A) cash;
                  (B) personnel costs;
                  (C) the value of a service, other resource, 
                or third party in-kind contribution determined 
                in accordance with the applicable circular of 
                the Office of Management and Budget;
                  (D) indirect costs or facilities and 
                administrative costs; or
                  (E) any funds received under the power 
                program of the Tennessee Valley Authority 
                (except to the extent that such funds are made 
                available under an annual appropriation Act); 
                and
          (2) shall not include--
                  (A) revenues or royalties from the 
                prospective operation of an activity beyond the 
                time considered in the award;
                  (B) proceeds from the prospective sale of an 
                asset of an activity; or
                  (C) other appropriated Federal funds.
  (e) Repayment of Federal Share.--The Secretary shall not 
require repayment of the Federal share of a cost-shared 
activity under this section as a condition of making an award.
  (f) Exclusions.--This section shall not apply to--
          (1) a cooperative research and development agreement 
        under the Stevenson-Wydler Technology Innovation Act of 
        1980 (15 U.S.C. 3701 et seq.);
          (2) a fee charged for the use of a Department 
        facility; or
          (3) an award under--
                  (A) the small business innovation research 
                program under section 9 of the Small Business 
                Act (15 U.S.C. 638); or
                  (B) the small business technology transfer 
                program under that section.

           *       *       *       *       *       *       *


                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

SEC. 1001. IMPROVED TECHNOLOGY TRANSFER OF ENERGY TECHNOLOGIES.

  (a) Technology Transfer Coordinator.--The Secretary shall 
appoint a Technology Transfer Coordinator to be the principal 
advisor to the Secretary on all matters relating to technology 
transfer and commercialization.
  (b) Qualifications.--The Coordinator shall be an individual 
who, by reason of professional background and experience, is 
specially qualified to advise the Secretary on matters 
pertaining to technology transfer at the Department.
  (c) Duties of the Coordinator.--The Coordinator shall 
oversee--
          (1) the activities of the Technology Transfer Working 
        Group established under subsection (d);
          (2) the expenditure of funds allocated for technology 
        transfer within the Department;
          (3) the activities of each technology partnership 
        ombudsman appointed under section 11 of the Technology 
        Transfer Commercialization Act of 2000 (42 U.S.C. 
        7261c); and
          (4) efforts to engage private sector entities, 
        including venture capital companies.
  (d) Technology Transfer Working Group.--The Secretary shall 
establish a Technology Transfer Working Group, which shall 
consist of representatives of the National Laboratories and 
single-purpose research facilities, to--
          (1) coordinate technology transfer activities 
        occurring at National Laboratories and single-purpose 
        research facilities;
          (2) exchange information about technology transfer 
        practices, including alternative approaches to 
        resolution of disputes involving intellectual property 
        rights and other technology transfer matters; and
          (3) develop and disseminate to the public and 
        prospective technology partners information about 
        opportunities and procedures for technology transfer 
        with the Department, including opportunities and 
        procedures related to alternative approaches to 
        resolution of disputes involving intellectual property 
        rights and other technology transfer matters.
  (e) Technology Commercialization Fund.--The Secretary shall 
establish an Energy Technology Commercialization Fund, using 
0.9 percent of the amount made available to the Department for 
applied energy research, development, demonstration, and 
commercial application for each fiscal year based on future 
planned activities and the amount of the appropriations for the 
fiscal year, to be used to provide matching funds with private 
partners to promote promising energy technologies for 
commercial purposes.
  (f) Technology Transfer Responsibility.--Nothing in this 
section affects the technology transfer responsibilities of 
Federal employees under the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
  (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.
  [(g)] (h) Planning and Reporting.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        submit to Congress a technology transfer execution 
        plan.
          (2) Updates.--Each year after the submission of the 
        plan under paragraph (1), the Secretary shall submit to 
        Congress an updated execution plan and reports that 
        describe progress toward meeting goals set forth in the 
        execution plan and the funds expended under subsection 
        (e).

           *       *       *       *       *       *       *


                                  [all]