Energizing Technology Transfer Act
This bill establishes and expands various clean energy technology programs of the Department of Energy and supports the commercialization of clean energy research.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8273 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8273
To establish programs and authorities to facilitate the commercial
application of clean energy and related technologies in the United
States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2020
Ms. Johnson of Texas introduced the following bill; which was referred
to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To establish programs and authorities to facilitate the commercial
application of clean energy and related technologies in the United
States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energizing
Technology Transfer Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS
Sec. 101. Regional clean energy innovation program.
Sec. 102. National clean energy incubator program.
Sec. 103. Clean energy technology university prize competition.
Sec. 104. Clean energy technology transfer coordination.
TITLE II--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL
LABORATORIES
Sec. 201. Lab partnering service pilot program.
Sec. 202. Lab-Embedded Entrepreneurship Program.
Sec. 203. Small business voucher program.
Sec. 204. Entrepreneurial leave program.
Sec. 205. National laboratory employee outside employment authority.
Sec. 206. Technology commercialization fund.
Sec. 207. Signature authority.
TITLE III--DEPARTMENT OF ENERGY MODERNIZATION
Sec. 301. Technology Transfer Program.
Sec. 302. Management of demonstration projects.
Sec. 303. Streamlining prize competitions.
Sec. 304. Milestone-based demonstration projects.
Sec. 305. Cost-share waiver extension.
Sec. 306. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 307. Technology transfer reports and evaluation.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In order to achieve domestic and international net-zero
greenhouse gas emissions targets, a rapid and substantial
investment in clean energy innovation is needed.
(2) Clean energy technologies face unique obstacles to
successful commercial application, including high up-front
capital costs, long development times, and the need to displace
incumbent technologies in highly regulated markets.
(3) Multiple technology development and financing gaps
exist in the clean energy innovation and commercial application
landscape that are not currently met by private sector
investment alone.
(4) Federal investments in technology transfer and
demonstration programs help fill existing gaps in the
innovation cycle and improve the likelihood of successful and
timely commercial application of clean energy technologies.
(5) To maximize clean energy innovation's positive impact
on United States economic competitiveness and reach net-zero
greenhouse gas emissions, the Department of Energy must show
significant leadership in enabling the transfer of new
technologies to the private sector, particularly through the
Office of Technology Transitions.
SEC. 3. DEFINITIONS.
In this Act:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology that significantly reduces
energy use, increases energy efficiency, reduces greenhouse gas
emissions, reduces emissions of other pollutants, or mitigates
other negative environmental consequences.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Director.--The term ``Director'' means the Director of
each National Laboratory and the Director of each Department of
Energy single-purpose research facility.
(4) Economically distressed area.--The term ``economically
distressed area'' has the meaning described in section 301(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(5) Grant.--The term ``grant'' means a grant award,
cooperative agreement award, or any other financial assistance
arrangement that the Secretary of Energy determines to be
appropriate.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in the Higher Education Act of 1965, as amended (20 U.S.C.
1001).
(7) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS
SEC. 101. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.
(a) Definitions.--In this section:
(1) Regional clean energy innovation partnership.--The term
``regional clean energy innovation partnership'' means a group
of one or more persons, including a covered consortium, who
perform a collection of activities that are coordinated by such
covered consortium to carry out the purposes of the program
under subsection (c) in a region of the United States.
(2) Covered consortium.--The term ``covered consortium''
means an individual or group of individuals in partnership with
a government entity, including a State, local, or tribal
government or unit of such government, and at least 2 or more
of the following additional entities--
(A) an institution of higher education or higher
education consortium;
(B) a workforce training provider, including
vocational schools and community colleges;
(C) a private sector entity;
(D) a nonprofit organization;
(E) a community group;
(F) a labor group;
(G) a National Laboratory;
(H) a venture development organization;
(I) an organization focused on clean energy
technology innovation or entrepreneurship;
(J) a business accelerator or incubator;
(K) a private sector entity or group of entities,
including a trade or industry association;
(L) an economic development organization;
(M) a manufacturing facility or organization;
(N) a clean energy incubator or accelerator; or
(O) any other entity that the Secretary determines
to be relevant.
(3) Program.--The term ``program'' means the Regional Clean
Energy Innovation Program authorized in subsection (b).
(4) Frontline community.--The term ``frontline community''
means a community with significant representation of
communities of color, low-income communities, or Tribal and
indigenous communities, that experiences, or is at risk of
experiencing higher or more adverse human health or
environmental effects.
(b) In General.--The Secretary shall establish a Regional Clean
Energy Innovation Program, a research, development, demonstration, and
commercial application program designed to accelerate the pace of
innovation of clean energy technologies through the formation or
support of regional clean energy innovation partnerships that--
(1) are responsive to the energy resources, needs of
industry, workforce, policy landscape, and clean energy
innovation capabilities of the region of the country in which
such partnership is located;
(2) enhance and accelerate clean energy innovation; and
(3) are located in diverse geographic regions of the United
States, including United States territories.
(c) Purposes of the Program.--The purposes of the program
established under subsection (a) are to--
(1) improve the competitiveness of United States clean
energy technology research, development, demonstration, and
commercial application; and
(2) support the development of tools and technologies best
suited for use in low-income and frontline communities.
(d) Regional Clean Energy Innovation Partnerships.--
(1) In general.--The Secretary shall competitively award
grants to covered consortia to establish or support regional
clean energy innovation partnerships that achieve the purposes
of the program in subsection (c).
(2) Permissible activities.--Grants awarded under this
subsection shall be used for activities determined appropriate
by the Secretary to achieve the purposes of the program in
subsection (c), including--
(A) facilitating the commercial application of
clean energy products, processes, and services,
including through research, development, demonstration,
technology transfer, or support of clean energy
companies;
(B) planning among participants of a regional clean
energy innovation partnership to improve the strategic
coordination of the partnership;
(C) improving stakeholder involvement in the
development of goals and activities of a regional clean
energy innovation partnership;
(D) assessing different incentive mechanisms for
clean energy development and commercial application in
the region;
(E) hosting events and conferences; and
(F) establishing and updating roadmaps to measure
progress on relevant goals, such as those relevant to
metrics developed under subsection (h).
(3) Applications.--Each application submitted to the
Secretary under paragraph (1) may include--
(A) a list of members and roles of members of the
covered consortia, as well as any other stakeholders
supporting the activities of the regional clean energy
innovation partnership;
(B) a description of the proposed outcomes of the
regional clean energy innovation partnership;
(C) an assessment of the relevant clean energy
innovation assets needed in a region to achieve
proposed outcomes, such as education and training
programs, research facilities, infrastructure or site
development, access to capital, manufacturing
capabilities, or other assets;
(D) a description of proposed activities that the
regional clean energy innovation partnership plans to
undertake and how the proposed activities will achieve
the purposes described in subsection (c) and the
proposed outcomes in subparagraph (B);
(E) a description of the geographical region that
will engage in the partnership;
(F) a plan for attracting additional funds and
identification of funding sources from non-Federal
sources to deliver the proposed outcomes of the
regional clean energy innovation partnership; and
(G) a plan for sustaining activities of the
regional clean energy innovation partnership after
funds received under this program have been expended.
(4) Considerations.--In selecting covered consortia for
funding under the program, the Secretary shall--
(A) give special consideration to applications from
entities located in an economically distressed area;
and
(B) ensure that there is geographic diversity among
the covered consortia selected to receive funding.
(5) Award amount.--Grants given out under this Program
shall be in an amount not greater than $10,000,000, with the
total grant award in any year less than that in the previous
year.
(6) Cost share.--For grants that are disbursed over the
course of three or more years, the Secretary shall require, as
a condition of receipt of funds under this section, that a
covered consortium provide not less than 50 percent of the
funding for the activities of the regional clean energy
partnership under this section for years 3, 4, and 5.
(7) Duration.--Each grant under paragraph (1) shall be for
a period of not longer than 5 years.
(8) Renewal.--A grant award made to a regional clean energy
innovation partnership under this section may be renewed for a
period of not more than 5 years, subject to a rigorous merit
review based on the progress of a regional clean energy
innovation partnership towards achieving the purposes of the
program in section (c) and the metrics developed under section
(h).
(9) Administrative costs.--The Secretary may allow a
covered consortium that receives funds under this section to
allocate a portion of the funding received to be used for
administrative or indirect costs.
(10) Funding.--The Secretary may accept funds from other
Federal agencies to support funding and activities under this
section.
(e) Planning Funds.--The Secretary may competitively award grants
in an amount no greater than $2,000,000 for a period not longer than 2
years to an entity consisting of a government entity, including a
State, local, or tribal government or unit of such government or any
entity listed under subsection (a)(2) to plan a regional clean energy
innovation partnership or establish a covered consortium for the
purpose of applying for funds under subsection (b).
(f) Information Sharing.--As part of the program, the Secretary
shall support the gathering, analysis, and dissemination of information
on best practices for developing and operating successful regional
clean energy innovation partnerships.
(g) Metrics.--In evaluating a grant renewals under section (d)(8),
the Secretary shall work with program evaluation experts to develop and
make publicly available metrics to assess the progress of a regional
clean energy innovation partnership towards achieving the purposes of
the program in section (c). Such metrics may include--
(1) the number and quality of--
(A) new clean energy companies created in the
region as a result of activities carried out under the
regional clean energy innovation partnership;
(B) new or expanded workforce development or
training programs; and
(C) support services provided to clean energy
technology developers in the region;
(2) changes in clean energy employment in the region as a
result of activities carried out under the regional clean
energy innovation partnership; and
(3) the amount of capital investment in clean energy
companies in the region as a result of activities carried out
under the regional clean energy innovation partnership grant.
(h) Coordination.--In carrying out the program, the Secretary may
coordinate with relevant programs at other Federal agencies,
including--
(1) the Office of Innovation and Entrepreneurship under the
Economic Development Administration, including the Regional
Innovation Program under section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722);
(2) the Hollings Manufacturing Extension Partnership
Program under section 25(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k);
(3) the Manufacturing USA Program under section 34(a) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s);
(4) the Defense Manufacturing Communities Support Program
under section 846 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2501 note);
and
(5) the Office of Economic Adjustment at the Department of
Defense.
(i) Evaluation by Comptroller General.--Not later than 3 years
after the date of the enactment of this Act, and every 3 years
thereafter, the Comptroller General 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 evaluation
on the operation of the program during the most recent 3-year period,
including--
(1) an assessment of the progress made towards achieving
the purposes specified in subsection (c) based on the metrics
developed under subsection (h);
(2) the short-term and long-term metrics used to determine
the success of the program under subsection (h), and any
changes recommended to the metrics used;
(3) the regional clean energy innovation partnerships that
have received grants under subsection (d); and
(4) any recommendations on how the program may be improved.
(j) National Laboratories.--In supporting technology transfer
activities at the National Laboratories, the Secretary shall encourage
partnerships with entities that are located in the same region or State
as the National Laboratory.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2021 through 2025.
SEC. 102. NATIONAL CLEAN ENERGY INCUBATOR PROGRAM.
(a) Clean Energy Incubator Defined.--In this section, the term
``clean energy incubator''--
(1) means any entity that is designed to accelerate the
commercial application of clean energy technologies by
providing--
(A) physical workspace, labs, and prototyping
facilities to support clean energy startups or
established clean energy companies; or
(B) companies developing such technologies with
support, resources, and services, including--
(i) access to business education and
counseling;
(ii) mentorship opportunities; and
(iii) other services rendered for the
purpose of aiding the development and
commercial application of a clean energy
technology; and
(2) may include a program within or established by a
National Laboratory, an institution of higher education or a
State, local, or tribal government.
(b) Program Establishment.--Not later than 180 days after the
enactment of this Act, the Secretary, acting through the Technology
Transfer Coordinator established in section 1001(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish a Clean Energy
Incubator Program (herein referred to as the ``program'') to
competitively award grants to clean energy incubators.
(c) Clean Energy Incubator Selection.--In awarding grants to clean
energy incubators under subsection (b), the Secretary shall prioritize
funding clean energy incubators that--
(1) partner with entities that carry out activities
relevant to the activities of such incubator and that operate
at the local, State, and regional levels;
(2) support the commercial application activities of
startup companies focused on physical hardware, computational,
or integrated hardware and software technologies;
(3) are located in geographically diverse regions of the
United States;
(4) are located in, or partner with entities located in,
economically-distressed areas;
(5) support the development of entities focused on
expanding clean energy tools and technologies to low-income and
frontline communities;
(6) support the commercial application of technologies
being developed by clean energy entrepreneurs from
underrepresented backgrounds; and
(7) have a plan for sustaining activities of the incubator
after grant funds received under this program have been
expended.
(d) Award Limits.--The Secretary shall not award more than
$4,000,000 to one or more incubators in one given State, per fiscal
year.
(e) Duration.--Each grant under subsection (b) shall be for a
period of no longer than 5 years, subject to the availability of
appropriations.
(f) Use of Funds.--An entity receiving a grant under this section
may use grant amounts for operating expenses.
(g) Renewal.--An award made to a clean energy incubator under this
section may be renewed for a period of not more than 3 years, subject
to merit review.
(h) Evaluation.--In accordance with section 307(b) of this Act, the
Secretary shall submit 3 years after the enactment of this Act and
every 3 years thereafter 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 evaluation of the program
established under this section that includes analyses of the
performance of the clean energy incubators.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $15,000,000 for
each of fiscal years 2021 through 2025.
SEC. 103. CLEAN ENERGY TECHNOLOGY UNIVERSITY PRIZE COMPETITION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
nonprofit entity, an institution of higher education, or an
entity working with one or more institutes of higher education.
(2) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(b) In General.--The Secretary shall establish a program, known as
the ``Clean Energy Technology University Prize'', to award funding for
eligible entities to carry out regional and one national clean energy
technology prize competitions, under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719). In carrying out
such prize competitions, students shall compete to develop a business
model for furthering the commercial application of an innovative clean
energy technology. The purpose of this program is to encourage student
interest in clean energy technology development and to help students
solve challenges in clean energy technology commercial application,
with participation from diverse geographical regions of the United
States.
(c) Training Funding.--In carrying out this program, the Secretary
may provide funding to train participating students in skills needed
for the successful commercial application of clean energy technologies,
including through virtual training sessions.
(d) Prioritization.--In awarding grants under this section, the
Secretary shall prioritize awarding grants to eligible entities that
work with students at minority-serving institutions.
(e) Coordination.--In carrying out this program, the Secretary
shall coordinate and partner with existing clean energy technology
prize competitions. In doing so, the Secretary may develop and
disseminate best practices for administering prize competitions under
this section.
(f) Report.--In accordance with section 307(a) of this Act, the
Secretary shall report annually on the progress and implementation of
the program established under section (b).
(g) Evaluation.--In accordance with section 307(b) of this Act, the
Secretary shall submit 3 years after the enactment of this Act and
every 3 years thereafter 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 evaluation on the long-term
outcomes of the program established under this section and the progress
towards achieving the purposes of the program in subsection (b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities authorized in
this section $1,000,000 for each of fiscal years 2021 through 2025.
SEC. 104. CLEAN ENERGY TECHNOLOGY TRANSFER COORDINATION.
(a) In General.--The Secretary, acting through the Technology
Transfer Coordinator established in section 1001(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16391(a)), shall support the coordination
of relevant technology transfer programs, including those authorized in
sections 101, 102, 103, 202, and 206 of this Act, that advance the
commercial application of clean energy technologies nationally and
across all energy sectors. In particular, the Secretary may support
activities to--
(1) facilitate the sharing of information on best practices
for successful operation of clean energy technology transfer
programs;
(2) coordinate resources and improve cooperation among
clean energy technology transfer programs;
(3) facilitate connections between entrepreneurs and start-
up companies and the variety of programs related to clean
energy technology transfer under the Department; and
(4) facilitate the development of metrics to measure the
impact of clean energy technology transfer programs on--
(A) advancing the development, demonstration, and
commercial application of clean energy technologies;
(B) increasing the competitiveness of United States
in the clean energy sector, including in manufacturing;
and
(C) commercial application of clean energy
technologies being developed by entrepreneurs from
under-represented backgrounds.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities in this
section $3,000,000 for each of fiscal years 2021 through 2025.
TITLE II--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL
LABORATORIES
SEC. 201. LAB PARTNERING SERVICE PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary, acting through the
Technology Transfer Coordinator established in section 1001(a)
of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall
establish a Lab Partnering Service Pilot Program (hereinafter
in this section referred to as the ``pilot program'').
(2) Purposes.--The purposes of the pilot program are to
provide services that encourage and support partnerships
between the National Laboratories and public and private sector
entities, and to improve communication of research,
development, demonstration, and commercial application projects
and opportunities at the National Laboratories to potential
partners through the development of a website and the provision
of services, in collaboration with relevant external entities.
(3) Activities.--In carrying out this pilot program, the
Secretary shall--
(A) conduct outreach to and engage with relevant
public and private entities;
(B) identify and disseminate best practices for
strengthening connections between the National
Laboratories and public and private sector entities;
and
(C) develop a website to disseminate information
on--
(i) different partnering mechanisms for
working with the National Laboratories;
(ii) National Laboratory experts and
research areas; and
(iii) National Laboratory facilities and
user facilities.
(b) Metrics.--The Secretary shall support the development of
metrics, including conversion metrics, to determine the effectiveness
of the pilot program in achieving the purposes in subsection (a) and
the number and types of partnerships established between public and
private sector entities and the National Laboratories compared to
baseline data.
(c) Coordination.--In carrying out the activities authorized in
this section, the Secretary shall coordinate with the Directors and
dedicated technology transfer staff at the National Laboratories, in
particular for matchmaking services for individual projects, which
should be led by the National Laboratories.
(d) Funding Employee Partnering Activities.--The Secretary shall
delegate to the Directors the authority to compensate National
Laboratory employees providing services under this section.
(e) Duration.--Subject to the availability of appropriations, the
pilot program established in this section shall operate for not less
than 3 years and may be built off an existing program.
(f) Evaluation.--Not later than 6 months after the completion of
this pilot program, the Secretary shall support the evaluation of the
success of the pilot program in achieving the purposes in subsection
(a) and shall submit the evaluation to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate. The assessment shall
include analyses of the performance of the pilot program based on the
metrics developed under subsection (b).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $2,000,000 for each of fiscal years 2021
through 2023 to carry out subsections (a), (b), (c), (e), and (f) and
$1,700,000 for each of fiscal years 2021 through 2023 for national
laboratory employees to provide services under subsection (d).
SEC. 202. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM.
(a) In General.--The Secretary shall competitively award grants to
National Laboratories for the purpose of establishing or supporting
Lab-Embedded Entrepreneurship Programs.
(b) Purposes.--The purposes of such programs are to provide
entrepreneurial fellows with access to National Laboratory research
facilities, National Laboratory expertise, and mentorship to perform
research and development and gain expertise that may be required or
beneficial for the commercial application of research ideas.
(c) Entrepreneurial Fellows.--An entrepreneurial fellow
participating in a program described in subsection (a) shall be
provided with--
(1) opportunities for entrepreneurial training,
professional development, and exposure to leaders from
academia, industry, government, and finance who may serve as
advisors to or partners of the fellow;
(2) financial and technical support for research,
development, and commercial application activities;
(3) fellowship awards to cover costs of living, health
insurance, and travel stipends for the duration of the
fellowship; and
(4) any other resources determined appropriate by the
Secretary.
(d) Program Activities.--Each eligible entity that receives funding
under this section shall support entrepreneurial fellows by providing--
(1) access to facilities and expertise within the National
Laboratory;
(2) engagement with external stakeholders; and
(3) market and customer development opportunities.
(e) Administration.--Eligible entities that receive grants under
this section shall prioritize the support and success of the
entrepreneurial fellow with regards to professional development and
development of a relevant technology.
(f) Partnerships.--In carrying out a Lab-Embedded Entrepreneurship
Program, a National Laboratory may partner with an external entity,
including--
(1) a nonprofit organization;
(2) an institution of higher education; or
(3) a federally owned corporation.
(g) Metrics.--The Secretary shall support the development of short-
term and long-term metrics to assess the effectiveness of programs
receiving a grant under subsection (a) in achieving the purposes of the
program in subsection (a).
(h) Evaluation.--In accordance with section 307(b) of this Act, not
later than 3 years after the date of the enactment of this Act, and
every 3 years thereafter, the Secretary 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
evaluation of the effectiveness of the programs under subsection (a)
based on the metrics developed pursuant to subsection (g).
(i) Coordination.--The Secretary shall oversee the planning and
coordination of grants under subsection (a) and shall identify and
disseminate best practices for achieving the purposes of subsection (a)
to eligible entities that receive grants under this section.
(j) Interagency Collaboration.--The Secretary shall collaborate
with other executive branch agencies, including the Department of
Defense and other agencies with Federal laboratories, regarding
opportunities to partner with programs receiving a grant under
subsection (a).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities authorized in
this section $25,000,000 for each of fiscal years 2021 through 2025.
SEC. 203. SMALL BUSINESS VOUCHER PROGRAM.
Section 1003 of the Energy Policy Act of 2005 (42 U.S.C. 16393) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``, and may require the Director of a single-
purpose research facility,'' and inserting ``(as
defined in section 2) and the Director of each single-
purpose research facility'';
(B) in paragraph (1)--
(i) by striking ``increase'' and inserting
``encourage''; and
(ii) by striking ``collaborative
research,'' and inserting ``research,
development, demonstration, and commercial
application activities, including product
development,'';
(C) in paragraph (2), by striking ``procurement and
collaborative research'' and inserting ``procurement
and the activities described in paragraph (1)'';
(D) in paragraph (3)--
(i) by inserting ``facilities,'' before
``training''; and
(ii) by striking ``procurement and
collaborative research activities'' and
inserting ``procurement and the activities
described in paragraph (1)''; and
(E) in paragraph (5), by striking ``for the program
under subsection (b)'' and inserting ``and metrics for
the programs under subsections (b) and (c)'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Small Business Voucher Program.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means--
``(i) the Director of each National
Laboratory; and
``(ii) the Director of each single-purpose
research facility.
``(B) National laboratory.--The term `National
Laboratory' has the meaning given the term in section
2.
``(C) Program.--The term `program' means the
program established under paragraph (2).
``(D) Small business concern.--The term `small
business concern' has the meaning given such term in
section 3 of the Small Business Act (15 U.S.C. 632).
``(2) Establishment.--The Secretary, acting through the
Technology Transfer Coordinator appointed under section
1001(a), and in consultation with the Directors, shall
establish a program to provide small business concerns with
vouchers under paragraph (3)--
``(A) to achieve the goal described in subsection
(a)(1); and
``(B) to improve the products, services, and
capabilities of small business concerns in the mission
space of the Department.
``(3) Vouchers.--Under the program, the Directors are
authorized to provide to small business concerns vouchers to be
used at National Laboratories and single-purpose research
facilities for--
``(A) research, development, demonstration,
technology transfer, or commercial application
activities; or
``(B) any other activities that the applicable
Director determines appropriate.
``(4) Expedited approval.--The Secretary, working with the
Directors, shall establish a streamlined approval process for
financial assistance agreements signed between--
``(A) small business concerns selected to receive a
voucher under the program; and
``(B) the National Laboratories and single-purpose
research facilities.
``(5) Cost-sharing requirement.--In carrying out the
program, the Secretary shall require cost-sharing in accordance
with section 988.
``(6) Report.--In accordance with section 307(a) of the
Energizing Technology Transfer Act, the Secretary shall report
annually on the progress and implementation of the small
business voucher program established under this section,
including the number and locations of small businesses that
received grants under this program.''; and
(4) in subsection (e) (as so redesignated), by striking
``for activities under this section'' and inserting ``for
activities under subsection (b)'' and inserting at the end
``and for activities under subsection (c) $25,000,000 for each
of fiscal years 2021 through 2025''.
SEC. 204. ENTREPRENEURIAL LEAVE PROGRAM.
(a) In General.--The Secretary shall delegate to Directors the
authority to carry out an entrepreneurial leave program (referred to in
this section as the ``program'') to allow National Laboratory employees
to take a full leave of absence from their position, with the option to
return to that or a comparable position up to 3 years later, or a
partial leave of absence, to advance the commercial application of
energy and related technologies relevant to the mission of the
Department.
(b) Termination Authority.--Directors shall retain the authority to
terminate National Laboratory employees that participate in the program
if such employees are found to violate terms prescribed by the National
Laboratory at which such employee is employed.
(c) Licensing.--To reduce barriers to participation in the program,
the Secretary shall delegate to the Directors the requirement to
establish streamlined mechanisms for facilitating the licensing of
technology that is the focus of National Laboratory employees who
participate in the program.
(d) Report.--In accordance with section 307(a) of this Act, the
Secretary shall report annually on the utilization of this authority at
national laboratories, including the number of employees who
participate in this program at each national laboratory and the number
of employees who take a permanent leave from their positions at
national laboratories as a result of participating in this program.
(e) Federal Ethics.--Nothing in this section shall affect existing
Federal ethics rules applicable to Federal personnel.
SEC. 205. NATIONAL LABORATORY EMPLOYEE OUTSIDE EMPLOYMENT AUTHORITY.
(a) In General.--The Secretary shall delegate to Directors of
National Laboratories the authority to allow their employees--
(1) to engage in outside employment, including start-up
companies based on licensing technologies developed at National
Laboratories and consulting in their areas of expertise, and
receive compensation from such entities; and
(2) to engage in outside activities related to their areas
of expertise at the National Laboratory and may allow
employees, in their employment capacity at such outside
employment, to access the National Laboratories under the same
contracting mechanisms as non-laboratory employees and
entities, in accordance with appropriate conflict of interest
protocols.
(b) Requirements.--If a Director elects to use the authority
granted by subsection (a) of this section, the Director, or their
designee, shall--
(1) require employees to disclose to and obtain approval
from the Director or their designee prior to engaging in any
outside employment;
(2) develop and require appropriate conflict of interest
protocols for employees that engage in outside employment; and
(3) maintain the authority to terminate employees engaging
in outside employment if they are found to violate terms,
including conflict of interest protocols, mandated by the
Director.
(c) Additional Restrictions.--Employees engaging in outside
employment may not--
(1) sacrifice, hamper, or impede their duties at the
National Laboratory;
(2) engage in activities related to outside employment
using National Laboratory government equipment, property, or
resources, unless such activities are performed under National
Laboratory contracting mechanisms, such as Cooperative Research
and Development Agreement or Strategic Partnership Projects,
whereby all conflicts of interest requirements apply; or
(3) use their position at a National Laboratory to provide
an unfair competitive advantage to an outside employer or
start-up activity.
(d) Federal Ethics.--Nothing in this section shall affect existing
Federal ethics rules applicable to Federal personnel.
SEC. 206. TECHNOLOGY COMMERCIALIZATION FUND.
Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C.
16391(e)) is amended to read as follows:
``(a) Technology Commercialization Fund.--
``(1) Establishment.--The Secretary, acting through the
Technology Transfer Coordinator established in section 1001(a)
of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall
establish a Technology Commercialization Fund (hereafter
referred to as the `Fund'), using nine-tenths of one percent of
the amount of appropriations made available to the Department
for applied energy research, development, demonstration, and
commercial application for each fiscal year, to be used to
provide, in accordance with the cost-sharing requirements under
section 988, funds to national laboratories to promote
promising energy technologies for commercial purposes.
``(2) Applications.--
``(A) Considerations.--The Secretary shall develop
criteria for evaluating applications for funding under
this section, which may include--
``(i) the potential that a proposed
technology will result in a commercially
successful product within a reasonable
timeframe; and
``(ii) the relative maturity of a proposed
technology for commercial application.
``(B) Selections.--In awarding funds under this
section, the Secretary may give special consideration
to applications that involve at least one applicant
that has participated in an entrepreneurial or
commercialization training program, such as Energy
Innovation Corps.
``(3) Annual report.--The Secretary shall include in the
annual report required under subsection (h)(2)--
``(A) a description of the projects carried out
with awards from the Fund for that fiscal year;
``(B) each project's cost-share for that fiscal
year; and
``(C) each project's partners for that fiscal year.
``(4) Evaluation.--In accordance with section 307(b) of the
Energizing Technology Transfer Act, the Secretary shall submit
3 years after the enactment of that Act and every 3 years
thereafter to the Committee on Science, Space, and Technology
Committee of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate an evaluation on the
long-term commercial success of projects that received awards
from the Fund.
``(5) Technology commercialization fund report.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Energizing Technology Transfer
Act, the Secretary shall submit to the Committee on
Science, Space, and Technology and Committee on
Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources and Committee
on Appropriations of the Senate a report on the current
and recommended implementation of the Fund.
``(B) Contents.--The report under subparagraph (A)
shall include--
``(i) a summary, with supporting data, of
how much Department program offices contribute
to and use the Fund each year, including a list
of current funding restrictions;
``(ii) recommendations on how to improve
implementation and administration of the Fund;
and
``(iii) an analysis on how to spend funds
optimally on technology areas that have the
greatest need and opportunity for commercial
application, rather than spending funds at the
programmatic level or under current funding
restrictions.''.
SEC. 207. SIGNATURE AUTHORITY.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to Directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which, including the National Laboratory contributions
and project recipient cost share, is less than $1,000,000, if such an
agreement falls within the scope of--
(1) the strategic plan for the National Laboratory or a
master scope of work that has been approved by the Department;
or
(2) the most recent budget approved by Congress for
Department activities to be carried out by the National
Laboratory.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a strategic partnership project;
(3) prize competitions;
(4) an agreement for commercializing technology; or
(5) any other agreement determined to be appropriate by the
Secretary, in collaboration with the Directors.
(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.--Not later than 30 days after
the date on which a Director enters an agreement under this
section, such Director shall submit to the Secretary for
monitoring and review all records of the National Laboratory
relating to the agreement.
(d) Approval.--Upon granting the signature authority under in
subsection (a), the Secretary may not require any additional reviews or
approvals of draft agreements, statements of work, or other documents
for agreements that meet the criteria under subsection (a).
(e) Exception.--This section does not apply to any agreement with a
foreign-controlled entity or entity under the majority control of any
foreign entity.
(f) Report.--In accordance with section 307(a) of this Act, the
Secretary shall submit annually information on the number and types of
agreements signed using the authorities granted under this section.
(g) Evaluation.--Not later than 3 years after the enactment of this
Act the Secretary 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 evaluation of the efficacy of
reducing administrative burden for agreements signed using the
authorities granted under this section.
(h) 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 207 of the Energizing Technology
Transfer Act, approval by the Secretary of Energy shall not be
required for any 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)''.
TITLE III--DEPARTMENT OF ENERGY MODERNIZATION
SEC. 301. TECHNOLOGY TRANSFER PROGRAM.
Title X of the Energy Policy Act of 2005 (42 U.S.C. 16391 et seq.)
is amended by adding at the end the following:
``SEC. 1012. TECHNOLOGY TRANSFER PROGRAM.
``(a) Establishment.--The Secretary shall carry out a program, to
be led by the Technology Transfer Coordinator appointed in section
1001(a) who shall report directly to, and be appointed by, the
Secretary, and shall be the principal advisor to the Secretary on all
matters relating to technology transfer and commercial application.
``(b) Mission.--The mission of the program shall be--
``(1) to expand the commercial impact of the research
investments of the Department; and
``(2) to advance the commercial application of technologies
that reduce energy use, reduce greenhouse gas emissions and
other pollutants, improve energy efficiency, mitigate other
negative environmental consequences, or support other missions
of the Department.
``(c) Goals.--
``(1) In general.--In carrying out the program, the
Technology Transfer Coordinator shall, with respect to
commercial application activities, meet all of the goals
described in paragraph (2).
``(2) Goals described.--The goals referred to in paragraph
(1) are the following:
``(A) Reduction of greenhouse gas emissions or
other pollutants.
``(B) Improvement of energy efficiency.
``(C) Improvement of economic competitiveness.
``(D) Enhancement of domestic energy security and
national security.
``(E) Enhancement of the domestic workforce
relevant to energy and other sectors relevant to the
mission of the Department.
``(d) Hiring and Management.--To carry out the program authorized
in this section, the Under Secretary for Science may appoint personnel
using the authorities in section 306 of this Act.
``(e) Collaboration.--In carrying out the mission and activities of
the program, the Technology Transfer Coordinator shall coordinate with
the senior leadership of the Department, other relevant offices of the
Department, the Directors, the National Laboratories, the Technology
Transfer Working Group established under section 1001(d), the
Technology Transfer Policy Board, and other stakeholders, including
private industry.
``(f) Report.--In accordance with section 307(a) of this Act, the
Secretary shall report annually on the activities carried out by this
program pertaining to the mission of the program in subsection (b) and
the goals in subsection (c).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities authorized in
this section $20,000,000 for each of fiscal years 2021 through 2025.''.
SEC. 302. MANAGEMENT OF DEMONSTRATION PROJECTS.
(a) Management of Department of Energy Demonstration Projects.--The
Secretary, shall establish a program to conduct project management and
oversight of demonstration projects that receive more than $50,000,000
in funding from the Department, in coordination with relevant staff
from Department program offices. The purposes of this program are to--
(1) conduct evaluation of demonstration project proposals
prior to selection of a project for funding;
(2) conduct independent oversight of the execution of a
demonstration project once funding has been awarded for such
project; and
(3) ensure a balanced portfolio of investments in clean
energy technology demonstration projects.
(b) Demonstration Project Management Employees.--
(1) Authority.--In carrying out the program under
subsection (a), the Under Secretary for Science shall appoint
at least 2 full time employees to achieve the purposes of the
program outlined in subsection (a) in coordination with
relevant staff at Department program offices.
(2) Hiring authority.--To carry out the program authorized
in this section, the Under Secretary for Science may hire
personnel using the authorities in section 306 of this Act.
(c) Duties.--In carrying out the program in subsection (a),
employees under this section shall work with relevant staff from
Department program offices to--
(1) evaluate demonstration project proposals, including the
scope, technical specifications, maturity of design, funding
profile, estimated costs, proposed schedule, proposed technical
and financial milestones, and potential for commercial success
based on economic and policy projections;
(2) develop independent cost estimates of demonstration
project proposals, when appropriate;
(3) recommend to the director of a program office whether
to fund a demonstration project proposal;
(4) oversee the execution of the demonstration projects
that receive funding from the Department under this section and
conduct reviews of ongoing projects, which may include
reconciling estimated costs as compared to actual costs and
evaluating progress of the project based on the proposed
schedule and technical and financial milestones, and provide
such reviews to the Secretary; and
(5) assess lessons learned and implement improvements to
evaluate and oversee demonstration projects carried out under
this section.
(d) Project Termination.--Should an ongoing demonstration project
receive an unfavorable review under subsection (c)(4), the director of
a Department program office or their designee may cease funding the
demonstration project and reallocate the remaining funds to new or
existing demonstration projects carried out by that program office.
(e) Coordination.--In establishing and carrying out the program,
the Secretary shall coordinate with project management and acquisition
management entities within the Department, including the Office of
Project Management, and relevant professional organizations in project
management, construction, cost estimation, and other relevant fields.
(f) Reporting.--In accordance with section 307(a), the Secretary
shall report annually on the utilization of the authority granted under
this section, including a summary of--
(1) any demonstration projects currently being carried out
under this section; and
(2) a summary of the reviews under subsection (c)(4) of any
ongoing demonstration projects carried out under this section.
(g) Evaluation by Comptroller General.--Not later than 3 years
after the date of the enactment of this Act the Comptroller General
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 evaluation on the operation of the program
established under this section, including--
(1) the processes and procedures used to evaluate
demonstration project proposals and oversee demonstration
projects that receive funding under this section;
(2) any recommended changes to the program, including the
structure and the processes and procedures used to evaluate and
oversee demonstration projects that receive funding under this
section; and
(3) any recommended changes to the structure of this
program to improve the success in meeting the program purposes
under subsection (a).
SEC. 303. STREAMLINING PRIZE COMPETITIONS.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is
amended by inserting after subsection (d) the following (and
redesignating subsections (f) and (g) as subsections (g) and (h),
respectively):
``(e) Coordination.--In carrying out subsection (a), and for any
prize competitions under section 105 of the America Creating
Opportunities to Meaningfully Promote Excellence in Technology,
Education, and Science Reauthorization Act of 2010, the Secretary
shall--
``(1) designate at least one full time employee to serve as
a Department-wide point of contact on prize competitions;
``(2) issue Department-wide guidance on the design,
development, and implementation of prize competitions;
``(3) collect and disseminate best practices on the design
and administration of prize competitions;
``(4) streamline contracting mechanisms for the
implementation of prize competitions; and
``(5) provide training and prize competition design
support, as necessary, to Department staff to develop prize
competitions and challenges.
``(f) Report.--In accordance with section 307(a) of the Energizing
Technology Transfer Act, the Secretary shall report annually on a
description of any prize competitions carried out using this authority,
the total amount of prizes awarded along with any private sector
contributions, the methods used for solicitation and evaluation, and a
description of how each prize competition advanced the mission of the
Department.''.
SEC. 304. MILESTONE-BASED DEMONSTRATION PROJECTS.
(a) In General.--Acting under section 646(g) of the Department of
Energy Organization Act (42 U.S.C. 7256(g)), notwithstanding paragraph
(10) of such section, the Secretary may carry out demonstration
projects as a milestone-based demonstration project that requires
particular technical and financial milestones to be met before a
participant is awarded grants by the Department through a competitive
award process.
(b) Requirements.--In carrying out milestone-based demonstration
projects under the authority in paragraph (1), the Secretary shall, for
each relevant project--
(1) request proposals from eligible entities, as determined
by the Secretary, including--
(A) a business plan, that may include a plan for
scalable manufacturing and a plan for addressing supply
chain gaps;
(B) a plan for raising private sector investment;
and
(C) proposed technical and financial milestones,
including estimated project timelines and total costs;
and
(2) award funding of a predetermined amount to projects
that successfully meet proposed milestones under paragraph
(1)(C) or for expenses deemed reimbursable by the Secretary, in
accordance with terms negotiated for an individual award;
(3) require cost sharing in accordance with section 988 of
the Energy Policy Act of 2005; and
(4) communicate regularly with selected eligible entities
and, if the Secretary deems appropriate, exercise small amounts
of flexibility for technical and financial milestones as
projects mature.
(c) Awards.--For the program established under subsection (a)--
(1) an award recipient shall be responsible for all costs
until milestones are achieved, or reimbursable expenses are
reviewed and verified by the Department; and
(2) should an awardee not meet the milestones described in
subsection (a), the Secretary or their designee may end the
partnership with an award recipient and use the remaining funds
in the ended agreement for new or existing projects carried out
under this section.
(d) Project Management.--In carrying out projects under this
program and assessing the completion of their milestones in accordance
with subsection (b), the Secretary shall consult with experts that
represent diverse perspectives and professional experiences, including
those from the private sector, to ensure a complete and thorough
review.
(e) Report.--In accordance with section 307(a), the Secretary shall
report annually on any demonstration projects carried out using the
authorities under this section.
SEC. 305. COST-SHARE WAIVER EXTENSION.
(a) Section 988 of the Energy Policy Act of 2005 is amended in
subsection (b)(4)(B) by striking ``this paragraph'' and inserting ``the
Energizing Technology Transfer Act''.
(b) Section 108 of the Department of Energy Research and Innovation
Act is amended in subparagraph (b) by striking ``this Act'' everywhere
it appears and replacing with ``the Energizing Technology Transfer
Act''.
SEC. 306. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, ENGINEERING, AND
PROJECT MANAGEMENT PERSONNEL.
(a) In General.--The Under Secretary for Science shall have the
authority to--
(1) make appointments of scientific, engineering, and
professional personnel, without regard to civil service laws,
to assist the Department in meeting specific project or
research needs;
(2) fix the basic pay of any employee appointed under this
section at a rate to be determined by the Under Secretary at
rates not in excess of the Executive Schedule (EX-II) without
regard to the civil service laws; and
(3) pay any employee appointed under this section payments
in addition to basic pay, except that the total amount of
additional payments paid to an employee under this subsection
for any 12-month period shall not exceed the lesser of the
following amounts:
(A) $25,000.
(B) The amount equal to 25 percent of the annual
rate of basic pay of that employee.
(C) The amount of the limitation that is applicable
for a calendar year under section 5307(a)(1) of title
5, United States Code.
(b) Term.--
(1) In general.--The term of any employee appointed under
this section shall not exceed 3 years unless otherwise
authorized in law.
(2) Termination.--The Under Secretary for Science shall
have the authority to terminate any employee appointed under
this section at any time based on performance or changing
project or research needs of the Department.
SEC. 307. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.
(a) Annual Report.--As part of the updated technology transfer
execution plan required each year under section 1001(h)(2) of the
Energy Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary 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 on the progress and implementation of programs
established under sections 103, 203, 204, 205, 207, 301, 302, 303, and
304 of this Act and section 1001(e) of the Energy Policy Act of 2005
(42 U.S.C. 16391(e)).
(b) Evaluation.--Not later than 3 years after the enactment of this
Act and every 3 years thereafter the Secretary 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 evaluation on the extent to which programs established
under sections 102, 103, 104, and 202 of this Act and section 1001(e)
of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)) are achieving
success based on relevant short-term and long-term metrics.
(c) Report on Technology Transfer Gaps.--Not later than 3 years
after the enactment of this Act, the Secretary shall enter into an
agreement with the National Academies of Science, Engineering, and
Medicine to 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 on programmatic gaps that exist to
advance the commercial application of technologies developed at the
National Laboratories.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science, Space, and Technology.
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