[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.
* * * * * * *
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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).
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