[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4725 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4725

To establish programs to facilitate the commercial application of clean 
         energy and related technologies in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

Mr. Coons (for himself and Mr. Cassidy) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish programs 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 of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
      TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS

Sec. 101. Energy Innovation Corps Program.
Sec. 102. Clean energy technology transfer coordination.
       TITLE II--TECHNOLOGY DEVELOPMENT AT 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. Outside employment and activities for National Laboratory 
                            employees.
             TITLE III--DEPARTMENT OF ENERGY MODERNIZATION

Sec. 301. Management of large demonstration projects.
Sec. 302. Streamlining prize competitions.
Sec. 303. Extension of other transaction authority.
Sec. 304. Milestone-based demonstration projects.
Sec. 305. Cost-sharing.
Sec. 306. Special hiring authority for scientific, engineering, and 
                            project management personnel.
                           TITLE IV--REPORTS

Sec. 401. Updated technology transfer execution plan report.
Sec. 402. Report on short- and long-term metrics.
Sec. 403. Report on technology transfer gaps.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Clean energy technology.--The term ``clean energy 
        technology'' means a technology that, as determined by the 
        Secretary, significantly--
                    (A) reduces energy use;
                    (B) increases energy efficiency;
                    (C) reduces greenhouse gas emissions;
                    (D) reduces emissions of other pollutants; or
                    (E) mitigates other negative environmental 
                consequences.
            (2) Department.--The term ``Department'' means the 
        Department of Energy.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (4) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

      TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS

SEC. 101. ENERGY INNOVATION CORPS PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible participant.--The term ``eligible 
        participant'' means--
                    (A) an employee of a National Laboratory;
                    (B) a researcher;
                    (C) a student; and
                    (D) a clean energy entrepreneur, as determined by 
                the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Technology Transfer Coordinator appointed 
        under section 1001(a) of the Energy Policy Act of 2005 (42 
        U.S.C. 16391(a)).
    (b) Establishment.--The Secretary shall carry out a program, to be 
known as the ``Energy Innovation Corps Program'' (referred to in this 
section as ``Energy I-Corps''), to support entrepreneurial and 
commercial application education, training, professional development, 
and mentorship.
    (c) Purposes.--The purposes of Energy I-Corps are--
            (1) to help eligible participants develop entrepreneurial 
        skills; and
            (2) to accelerate the commercial application of clean 
        energy technologies.
    (d) Activities.--In carrying out Energy I-Corps, the Secretary 
shall support, including through grants--
            (1) market analysis and customer discovery for clean energy 
        technologies;
            (2) entrepreneurial and commercial application education, 
        training, and mentoring activities, including workshops, 
        seminars, and short courses;
            (3) engagement with private sector entities to identify 
        future research and development activities; and
            (4) any other activities that the Secretary determines to 
        be relevant to the purposes described in subsection (c).
    (e) State and Local Partnerships.--In carrying out Energy I-Corps, 
the Secretary may engage in partnerships with National Laboratories, 
State and local governments, economic development organizations, and 
nonprofit organizations to broaden access to Energy I-Corps and support 
activities relevant to the purposes described in subsection (c).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out Energy I-Corps--
            (1) for eligible participants described in subsection 
        (a)(1)(A), $3,000,000 for each of fiscal years 2021 through 
        2025; and
            (2) for eligible participants described in subparagraphs 
        (B) through (D) of subsection (a)(1), $3,000,000 for each of 
        fiscal years 2021 through 2025.

SEC. 102. CLEAN ENERGY TECHNOLOGY TRANSFER COORDINATION.

    (a) In General.--The Secretary, acting through the Technology 
Transfer Coordinator appointed under 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 programs authorized 
under this title and section 202, that advance the commercial 
application of clean energy technologies nationally and across all 
energy sectors.
    (b) Activities.--In carrying out subsection (a), the Secretary 
may--
            (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) organize national platforms or events for showcasing 
        innovative companies and entrepreneurs and promoting networking 
        with prospective investors and partners;
            (4) facilitate connections between entrepreneurs and 
        startup companies and Department programs related to clean 
        energy technology transfer; and
            (5) 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) job creation and workforce development, 
                including in low-income communities;
                    (C) increasing the competitiveness of the United 
                States in the clean energy sector, including in 
                manufacturing; and
                    (D) the advancement of clean energy technology 
                companies led by entrepreneurs from underrepresented 
                backgrounds.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $3,000,000 for 
each of fiscal years 2021 through 2025.

       TITLE II--TECHNOLOGY DEVELOPMENT AT NATIONAL LABORATORIES

SEC. 201. LAB PARTNERING SERVICE PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Pilot program.--The term ``pilot program'' means the 
        Lab Partnering Service Pilot Program established under 
        subsection (b).
            (2) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Technology Transfer Coordinator appointed 
        under section 1001(a) of the Energy Policy Act of 2005 (42 
        U.S.C. 16391(a)).
    (b) Establishment.--The Secretary shall establish a pilot program, 
to be known as the ``Lab Partnering Service Pilot Program''--
            (1) to provide services that encourage and support 
        partnerships between the National Laboratories and public and 
        private sector entities; and
            (2) to improve communication of research, development, 
        demonstration, and commercial application projects and 
        opportunities at the National Laboratories to potential 
        partners.
    (c) Existing Program.--The pilot program may be established within, 
or as an expansion of, an existing Department program.
    (d) Activities.--In carrying out the pilot program, the Secretary 
shall--
            (1) conduct outreach to and engage with relevant public and 
        private sector entities;
            (2) identify and disseminate best practices for 
        strengthening connections between the National Laboratories and 
        public and private sector entities; and
            (3) develop a website to disseminate information on--
                    (A) different partnering mechanisms for working 
                with the National Laboratories;
                    (B) National Laboratory experts and research areas; 
                and
                    (C) National Laboratory facilities and user 
                facilities.
    (e) Coordination.--In carrying out the pilot program, the Secretary 
shall coordinate with the Directors and dedicated technology transfer 
staff of the National Laboratories, with a focus on matchmaking 
services for individual projects led by the National Laboratories.
    (f) Metrics.--The Secretary shall collaborate with program 
evaluation experts to develop metrics to determine--
            (1) the effectiveness of the pilot program in achieving the 
        purposes described in subsection (b); and
            (2) the number and types of partnerships established 
        between public and private sector entities and the National 
        Laboratories compared to historical trends.
    (g) Funding Employee Partnering Activities.--The Secretary shall 
delegate to the Directors of the National Laboratories the authority to 
establish, without regard to title 5, United States Code, or any 
regulation issued under that title, a mechanism for compensating 
National Laboratory employees providing services under the pilot 
program.
    (h) Duration.--Subject to the availability of appropriations, the 
pilot program shall operate for not less than 3 years.
    (i) Evaluation.--Not later than 180 days after the date on which 
the pilot program terminates, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives a report that--
            (1) evaluates the success of the pilot program in achieving 
        the purposes of the pilot program; and
            (2) includes an analysis of the performance of the pilot 
        program based on the metrics developed under subsection (f).
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $3,700,000 for 
each of fiscal years 2021 through 2023, of which $1,700,000 for each 
fiscal year shall be used to carry out subsection (g).

SEC. 202. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM.

    (a) Definitions.--In this section:
            (1) Covered program.--The term ``covered program'' means a 
        lab-embedded entrepreneurship program established or supported 
        by an eligible entity using a grant awarded under the program.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a National Laboratory;
                    (B) a nonprofit organization;
                    (C) an institution of higher education; and
                    (D) a federally owned corporation.
            (3) Entrepreneurial fellow.--The term ``entrepreneurial 
        fellow'' means an individual participating in a covered 
        program.
            (4) Program.--The term ``program'' means the Lab-Embedded 
        Entrepreneurship Program authorized under subsection (b).
    (b) Program.--The Secretary shall continue the program within the 
Office of Energy Efficiency and Renewable Energy known as the ``Lab-
Embedded Entrepreneurship Program'', under which the Secretary, or a 
designee of the Secretary at a National Laboratory, shall award grants 
to eligible entities for the purpose of establishing or supporting a 
covered program.
    (c) Purpose.--The purpose of a covered program is to provide 
entrepreneurial fellows with access to National Laboratory research 
facilities, expertise, and mentorship--
            (1) to perform research and development; and
            (2) to gain expertise that may be required or beneficial 
        for the commercial application of research ideas.
    (d) Entrepreneurial Fellows.--
            (1) In general.--In participating in a covered program, an 
        entrepreneurial fellow shall be provided--
                    (A) by the Secretary or an eligible entity, with--
                            (i) opportunities for entrepreneurial 
                        training, professional development, and 
                        networking through exposure to leaders from 
                        academia, industry, government, and finance, 
                        who may serve as advisors to or partners of an 
                        entrepreneurial fellow;
                            (ii) financial and technical support for 
                        research, development, and commercial 
                        application activities;
                            (iii) fellowship awards to cover costs of 
                        living, health insurance, and travel stipends 
                        for the duration of the fellowship; and
                            (iv) any other resources determined 
                        appropriate by the Secretary; and
                    (B) by an eligible entity with--
                            (i) access to the facilities and expertise 
                        of staff of a National Laboratory;
                            (ii) engagement with external stakeholders; 
                        and
                            (iii) market and customer development 
                        opportunities.
            (2) Priority.--In carrying out a covered program, an 
        eligible entity shall give priority to supporting 
        entrepreneurial fellows with respect to professional 
        development and development of a relevant technology.
    (e) Metrics.--The Secretary shall support the development of short-
term and long-term metrics to assess the effectiveness of covered 
programs in achieving the purposes of the program.
    (f) Coordination; Interagency Collaboration.--The Secretary shall--
            (1) oversee the planning and coordination of grants awarded 
        under the program; and
            (2) collaborate with other Federal agencies, including the 
        Department of Defense, regarding opportunities for Federal 
        agencies to partner with covered programs.
    (g) Best Practices.--The Secretary shall identify and disseminate 
to eligible entities best practices for achieving the purposes of the 
program.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out 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) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting appropriately;
                    (B) in the matter preceding subparagraph (A) (as so 
                redesignated)--
                            (i) by striking ``and may require the 
                        Director of a single-purpose research 
                        facility'' and inserting ``the Director of each 
                        single-purpose research facility, and the 
                        Director of each covered facility''; and
                            (ii) by striking ``The Secretary'' and 
                        inserting the following:
            ``(1) Definition of covered facility.--In this subsection, 
        the term `covered facility' means a national security 
        laboratory or nuclear weapons production facility (as those 
        terms are defined in section 4002 of the Atomic Energy Defense 
        Act (50 U.S.C. 2501)) that the Administrator of the National 
        Nuclear Security Administration determines is within the 
        mission of a program established under subsection (b) or (c).
            ``(2) Responsibilities.--The Secretary''; and
                    (C) in paragraph (2) (as so designated)--
                            (i) in subparagraph (A) (as so 
                        redesignated)--
                                    (I) by striking ``increase'' and 
                                inserting ``encourage'';
                                    (II) by striking ``collaborative 
                                research,'' and inserting ``research, 
                                development, demonstration, commercial 
                                application activities, including 
                                product development,''; and
                                    (III) by striking ``Laboratory or 
                                single-purpose research facility'' and 
                                inserting ``Laboratory, single-purpose 
                                research facility, or covered facility, 
                                as applicable'';
                            (ii) in subparagraph (B) (as so 
                        redesignated)--
                                    (I) by striking ``Laboratory or 
                                single-purpose research facility'' and 
                                inserting ``Laboratory, single-purpose 
                                research facility, or covered facility, 
                                as applicable,''; and
                                    (II) by striking ``procurement and 
                                collaborative research along with'' and 
                                inserting ``the activities described in 
                                subparagraph (A) and'';
                            (iii) in subparagraph (C) (as so 
                        redesignated)--
                                    (I) by inserting ``facilities,'' 
                                before ``training''; and
                                    (II) by striking ``procurement and 
                                collaborative research activities'' and 
                                inserting ``the activities described in 
                                subparagraph (A)'';
                            (iv) in subparagraph (D) (as so 
                        redesignated), by striking ``Laboratory or 
                        single-purpose research facility'' and 
                        inserting ``Laboratory, single-purpose research 
                        facility, or covered facility, as 
                        applicable,''; and
                            (v) in subparagraph (E) (as so 
                        redesignated)--
                                    (I) by striking ``for the program 
                                under subsection (b)'' and inserting 
                                ``and metrics for the programs under 
                                subsections (b) and (c)''; and
                                    (II) by striking ``Laboratory or 
                                single-purpose research facility'' and 
                                inserting ``Laboratory, single-purpose 
                                research facility, or covered facility, 
                                as applicable'';
            (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) Covered facility.--The term `covered 
                facility' means a national security laboratory or 
                nuclear weapons production facility (as those terms are 
                defined in section 4002 of the Atomic Energy Defense 
                Act (50 U.S.C. 2501)) that the Administrator of the 
                National Nuclear Security Administration determines is 
                within the mission of the program.
                    ``(B) Director.--The term `Director' means--
                            ``(i) the Director of a National 
                        Laboratory;
                            ``(ii) the Director of a single-purpose 
                        research facility; and
                            ``(iii) the Director of a covered facility.
                    ``(C) Program.--The term `program' means the 
                program established under paragraph (2).
            ``(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--
                    ``(A) to achieve the goal described in subsection 
                (a)(1)(A); and
                    ``(B) to improve the products, services, and 
                capabilities of small business concerns in the mission 
                space of the Department.
            ``(3) Vouchers.--Vouchers provided under the program shall 
        be used at National Laboratories, single-purpose research 
        facilities, and covered facilities for--
                    ``(A) research, development, demonstration, 
                technology transfer, or commercial application 
                activities; or
                    ``(B) any other activity that the applicable 
                Director determines appropriate.
            ``(4) Expedited contracting.--The Secretary, in 
        collaboration with the Directors, shall establish a streamlined 
        approval process for expedited contracting between--
                    ``(A) a small business concern selected to receive 
                a voucher under the program; and
                    ``(B) a National Laboratory, single-purpose 
                research facility, or covered facility.
            ``(5) Cost-sharing requirement.--In carrying out the 
        program, the Secretary shall require cost-sharing in accordance 
        with section 988.
            ``(6) Annual report.--The Secretary shall include in the 
        annual report required under section 1001(h)(2) a description 
        of the implementation and progress of the program, including, 
        for the year covered by the report, the number and locations of 
        small business concerns that have received vouchers under the 
        program.''; and
            (4) in subsection (e) (as so redesignated), by striking 
        ``this section'' and all that follows through the period at the 
        end and inserting ``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 each Director of a 
National Laboratory the authority to carry out an entrepreneurial leave 
program (referred to in this section as a ``leave program'') to allow 
employees of the National Laboratory to take, for the purpose of 
advancing the commercial application of energy and related technologies 
relevant to the mission of the Department, and notwithstanding any 
provision of title 5, United States Code, or any regulation issued 
under that title--
            (1) a full leave of absence, with the option to return to 
        the same or comparable position not more than 3 years after the 
        date on which the full leave of absence begins; or
            (2) a partial leave of absence.
    (b) Termination Authority.--Notwithstanding any provision of title 
5, United States Code, or any regulation issued under that title, each 
Director of a National Laboratory may remove any National Laboratory 
employee who participates in a leave program if the employee is found 
to violate the terms by which that employee is employed.
    (c) Licensing.--To reduce barriers to participation in a leave 
program, the Secretary shall require each Director of a National 
Laboratory to establish streamlined mechanisms for facilitating the 
licensing of technology that is the focus of a National Laboratory 
employee who participates in a leave program.
    (d) Report.--The Secretary shall include in each updated technology 
transfer execution plan submitted under section 1001(h)(2) of the 
Energy Policy Act of 2005 (42 U.S.C. 16391(h)(2)) information on the 
implementation of the leave program, including, for the year covered by 
the report--
            (1) the number of employees that have participated in the 
        program at each National Laboratory; and
            (2) the number of employees that have taken a permanent 
        leave of absence.

SEC. 205. OUTSIDE EMPLOYMENT AND ACTIVITIES FOR NATIONAL LABORATORY 
              EMPLOYEES.

    (a) In General.--The Secretary shall delegate to each Director of a 
National Laboratory the authority to allow an employee of that National 
Laboratory, notwithstanding any provision of title 5, United States 
Code, or any regulation issued under that title--
            (1) to engage in and receive compensation for outside 
        employment, including providing consulting services, relating 
        to licensing technologies developed at a National Laboratory or 
        an area of expertise of the employee at the National 
        Laboratory;
            (2) to engage in other outside activities related to the 
        area of expertise of the employee at the National Laboratory; 
        and
            (3) in the course of that outside employment or activity, 
        to access the National Laboratories under the same contracting 
        mechanisms as nonlaboratory employees and entities, in 
        accordance with appropriate conflict of interest protocols.
    (b) Requirements.--If a Director of National Laboratory elects to 
use the authority delegated under subsection (a), the Director, or a 
designee, shall--
            (1) require employees to obtain approval from the Director 
        or the designee prior to engaging in the outside employment or 
        activity described in that subsection;
            (2) develop and require appropriate conflict of interest 
        protocols for employees that engage in that outside employment 
        or activity; and
            (3) maintain the authority to terminate an employee 
        engaging in that outside employment or activity if the employee 
        is found to violate the applicable terms of employment, 
        including conflict of interest protocols.
    (c) Restrictions.--An employee of a National Laboratory engaging in 
outside employment or activity permitted under subsection (a) may not, 
in the course of or due to that outside employment or activity--
            (1) sacrifice, hamper, or impede the duties of the employee 
        at the National Laboratory;
            (2) use National Laboratory equipment, property, or 
        resources unless that use is in accordance with a National 
        Laboratory contracting mechanism, such as a cooperative 
        research and development agreement or a strategic partnership 
        project, under which all relevant conflict of interest 
        requirements apply; or
            (3) use the position of the employee at a National 
        Laboratory to provide an unfair competitive advantage to an 
        outside employer or startup activity.
    (d) Report.--The Secretary shall include in each updated technology 
transfer execution plan submitted under section 1001(h)(2) of the 
Energy Policy Act of 2005 (42 U.S.C. 16391(h)(2)) information on the 
use of the authority delegated under this section.

             TITLE III--DEPARTMENT OF ENERGY MODERNIZATION

SEC. 301. MANAGEMENT OF LARGE DEMONSTRATION PROJECTS.

    (a) Definition of Covered Project.--In this section, the term 
``covered project'' means a Department demonstration project that 
receives or is eligible to receive not less than $50,000,000 in funding 
from the Department.
    (b) Establishment.--The Secretary, in coordination with the heads 
of relevant Department program offices, shall establish a program to 
conduct project management and oversight of covered projects, including 
by--
            (1) conducting evaluations of covered project proposals 
        prior to selection of a project for funding;
            (2) conducting independent oversight of the execution of a 
        covered project after funding has been awarded for that 
        project; and
            (3) ensuring a balanced portfolio of investments in clean 
        energy technology demonstration projects.
    (c) Duties.--The head of the program established under subsection 
(b), in coordination with the heads of relevant Department program 
offices, shall--
            (1) evaluate covered project proposals, including 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 covered project 
        proposals, if appropriate;
            (3) recommend to the Director of a program office whether 
        to fund a covered project proposal, as appropriate;
            (4) oversee the execution of covered projects, including 
        reconciling estimated costs compared to actual costs;
            (5) conduct reviews of ongoing covered projects, 
        including--
                    (A) evaluating the progress of a covered project 
                based on the proposed schedule and technical and 
                financial milestones; and
                    (B) providing those evaluations to the Secretary; 
                and
            (6) assess lessons learned and implement improvements to 
        evaluate and oversee covered projects.
    (d) Project Termination.--Notwithstanding any other provision of 
law, if a covered project receives an unfavorable review under 
subsection (c)(5), the Director of the Department program office 
funding that project, or a designee of that Director, may cease funding 
the project and reallocate the remaining funds to a new or existing 
covered project carried out by that program office.
    (e) Employees.--To carry out the program established under 
subsection (b), the Secretary--
            (1) shall appoint at least 2 full-time employees; and
            (2) may hire personnel pursuant to section 306.
    (f) Coordination.--In carrying out the program established under 
subsection (b), the Secretary shall coordinate with--
            (1) project management and acquisition management entities 
        within the Department, including the Office of Project 
        Management; and
            (2) professional organizations in project management, 
        construction, cost estimation, and other relevant fields.
    (g) Report by Secretary.--The Secretary shall include in each 
updated technology transfer execution plan submitted under section 
1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16391(h)(2)) 
information on the implementation of and progress made under the 
program established under subsection (b), including, for the year 
covered by the report--
            (1) the covered projects under the purview of the program; 
        and
            (2) the review of each covered project under subsection 
        (c)(5).
    (h) Report by Comptroller General.--Not later than 3 years after 
the date of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives an evaluation of the 
operation of the program established under subsection (b), including--
            (1) the processes and procedures used to evaluate covered 
        project proposals and oversee covered projects; and
            (2) any recommended changes to the program, including to--
                    (A) the processes and procedures described in 
                paragraph (1); and
                    (B) the structure of the program, for the purpose 
                of better carrying out the program.

SEC. 302. STREAMLINING PRIZE COMPETITIONS.

    Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is 
amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (g) and (f), respectively, and moving those subsections so as 
        to appear in alphabetical order; and
            (2) by inserting after subsection (d) the following:
    ``(e) Coordination.--In carrying out a program under subsection 
(a), and for any prize competition carried out under section 24 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), 
the Secretary shall--
            ``(1) designate at least 1 full-time employee to serve as a 
        Department-wide point of contact for the program or prize 
        competition, as applicable;
            ``(2) issue Department-wide guidance on the design, 
        development, and implementation of a prize competition;
            ``(3) collect and disseminate best practices on the design 
        and administration of a prize competition;
            ``(4) streamline contracting mechanisms for the 
        implementation of a prize competition; and
            ``(5) provide training and prize competition design 
        support, as necessary, to Department staff to develop prize 
        competitions and challenges.
    ``(f) Report.--The Secretary shall include in the annual report 
required under section 1001(h)(2) a description of, with respect to the 
programs carried out under subsection (a) and prize competitions 
carried out under section 24 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3719), for each year covered by the 
report--
            ``(1) each program and prize competition carried out;
            ``(2) the total amount of prizes awarded and the total 
        amount of private sector contributions, if applicable;
            ``(3) the methods used for solicitation and evaluation; and
            ``(4) the manner in which each prize competition advances 
        the mission of the Department.''.

SEC. 303. EXTENSION OF OTHER TRANSACTION AUTHORITY.

    Section 646(g)(10) of the Department of Energy Organization Act (42 
U.S.C. 7256(g)(10)) is amended by striking ``2020'' and inserting 
``2030''.

SEC. 304. MILESTONE-BASED DEMONSTRATION PROJECTS.

    (a) In General.--Pursuant to section 646(g) of the Department of 
Energy Organization Act (42 U.S.C. 7256(g)), the Secretary shall 
establish a program under which the Secretary shall award funds to 
eligible entities, as determined by the Secretary, to carry out 
milestone-based demonstration projects that require technical and 
financial milestones to be met before the eligible entity is awarded 
funds.
    (b) Proposals.--An eligible entity shall submit to the Secretary a 
proposal to carry out a milestone-based demonstration project at such 
time, in such manner, and containing such information as the Secretary 
may require, including--
            (1) a business plan, which may include a plan for scalable 
        manufacturing;
            (2) a plan for raising private sector investment; and
            (3) proposed technical and financial milestones, including 
        estimated project timelines and total costs.
    (c) Awards.--
            (1) In general.--The Secretary shall award funds of a 
        predetermined amount under subsection (a)--
                    (A) for projects that successfully meet project 
                milestones; and
                    (B) for expenses determined reimbursable by the 
                Secretary, in accordance with terms negotiated for the 
                award of funds.
            (2) Cost responsibility.--An eligible entity that receives 
        funds under subsection (a) shall be responsible for the costs 
        of the milestone-based demonstration project until--
                    (A) the applicable technical and financial 
                milestones are achieved; or
                    (B) reimbursable expenses are reviewed and verified 
                by the Department.
            (3) Failure to meet milestones.--If an eligible entity that 
        receives funds under subsection (a) does not meet the 
        milestones of the milestone-based demonstration project, the 
        Secretary or a designee may cease funding the project and 
        reallocate the remaining funds to new or existing milestone-
        based demonstration projects.
    (d) Project Management.--In carrying out the program established 
under subsection (a), including in assessing the completion of 
milestones in each milestone-based demonstration project awarded funds 
under the program, the Secretary--
            (1) shall consult with experts that represent diverse 
        perspectives and professional experiences, including experts 
        from the private sector, to ensure a complete and thorough 
        review;
            (2) shall communicate regularly with selected eligible 
        entities; and
            (3) may allow for flexibilities in adjusting the technical 
        and financial milestones of a milestone-based demonstration 
        project as the demonstration project matures.
    (e) Cost-Sharing.--Each milestone-based demonstration project 
awarded funds under subsection (a) shall require cost-sharing in 
accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
16352).
    (f) Report.--The Secretary shall include in each updated technology 
transfer execution plan submitted under section 1001(h)(2) of the 
Energy Policy Act of 2005 (42 U.S.C. 16391(h)(2)) information on the 
implementation of and progress made under the program established under 
subsection (a), including, for the year covered by the report, each 
milestone-based demonstration project awarded funds under the program.

SEC. 305. COST-SHARING.

    (a) Termination Date Extension for Institutions of Higher Education 
and Other Nonprofit Institutions.--Section 988(b)(4)(B) of the Energy 
Policy Act of 2005 (42 U.S.C. 16352(b)(4)(B)) is amended by striking 
``this paragraph'' and inserting ``the Energizing Technology Transfer 
Act of 2020''.
    (b) Reports.--Section 108(b) of the Department of Energy Research 
and Innovation Act (Public Law 115-246; 132 Stat. 3134) is amended by 
striking ``this Act'' each place it appears and inserting ``the 
Energizing Technology Transfer Act of 2020''.

SEC. 306. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, ENGINEERING, AND 
              PROJECT MANAGEMENT PERSONNEL.

    (a) In General.--Without regard to the civil service laws, the 
Secretary may--
            (1) make appointments of scientific, engineering, and 
        professional personnel to assist the Department in meeting 
        specific project or research needs;
            (2) fix the basic pay of an employee appointed under 
        paragraph (1) at a rate to be determined by the Secretary, but 
        not in excess of the rate of pay for level II of the Executive 
        Schedule under section 5313 of title 5, United States Code; and
            (3) pay an employee appointed under paragraph (1) payments 
        in addition to basic pay, except that the total amount of 
        additional payments for any 12-month period shall not exceed 
        the lesser of--
                    (A) $25,000;
                    (B) the amount equal to 25 percent of the annual 
                rate of basic pay of that employee; and
                    (C) the amount of the limitation in a calendar year 
                under section 5307(a)(1) of title 5, United States 
                Code.
    (b) Term.--With respect to an employee appointed under subsection 
(a)(1)--
            (1) the term of such an employee shall be for a period that 
        is not longer than 3 years, unless a longer term is explicitly 
        authorized under law; and
            (2) notwithstanding any provision of title 5, United States 
        Code, or any regulation issued under that title, the Secretary 
        may remove any such employee at any time based on--
                    (A) the performance of the employee; or
                    (B) changing project or research needs of the 
                Department.

                           TITLE IV--REPORTS

SEC. 401. UPDATED TECHNOLOGY TRANSFER EXECUTION PLAN REPORT.

    Section 1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C. 
16391(h)(2)) is amended by striking ``Congress'' and all that follows 
through the period at the end and inserting the following: ``Congress--
                    ``(A) an updated execution plan; and
                    ``(B) a report that, for the year covered by the 
                report--
                            ``(i) describes progress toward meeting the 
                        goals set forth in the execution plan;
                            ``(ii) describes the funds expended under 
                        subsection (e); and
                            ``(iii) contains any other information 
                        required to be included in the report--
                                    ``(I) under this title; and
                                    ``(II) under the Energizing 
                                Technology Transfer Act of 2020.''.

SEC. 402. REPORT ON SHORT- AND LONG-TERM METRICS.

    Not later than 3 years after the date of enactment of this Act, and 
every 3 years thereafter, the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Committee on 
Science, Space, and Technology of the House of Representatives a report 
that, with respect to each program established under sections 101 and 
202--
            (1) includes an evaluation of the program; and
            (2) describes the extent to which the program is achieving 
        the purposes of the program, based on relevant short-term and 
        long-term metrics, including any metrics developed under the 
        program, if applicable.

SEC. 403. REPORT ON TECHNOLOGY TRANSFER GAPS.

    Not later than 3 years after the date of enactment of this Act, the 
Secretary shall--
            (1) seek to enter into an agreement with the National 
        Academies of Sciences, Engineering, and Medicine to study 
        existing programmatic gaps in the commercial application of 
        technologies among National Laboratories under programs 
        supported by the Department; and
            (2) submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Science, Space, and 
        Technology of the House of Representatives a report on the 
        findings of the study under paragraph (1).
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