[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4606 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 350
117th CONGRESS
  2d Session
                                H. R. 4606

                          [Report No. 117-453]

  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

                             July 21, 2021

 Ms. Ross (for herself and Mr. Meijer) introduced the following bill; 
 which was referred to the Committee on Science, Space, and Technology

                            August 19, 2022

            Additional sponsors: Ms. Bonamici and Mr. Bowman

                            August 19, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               21, 2021]


_______________________________________________________________________

                                 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. Definitions.

      TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS

Sec. 101. National clean energy incubator program.
Sec. 102. Clean energy technology university prize competition.
Sec. 103. 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. Signature authority.

             TITLE III--DEPARTMENT OF ENERGY MODERNIZATION

Sec. 301. Office of technology transitions.
Sec. 302. Management of demonstration projects.
Sec. 303. Streamlining prize competitions.
Sec. 304. Cost-share waiver extension.
Sec. 305. Special hiring authority for scientific, engineering, and 
                            project management personnel.
Sec. 306. Technology transfer reports and evaluation.

SEC. 2. 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 of energy production, 
        transmission or use.
            (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. 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 Chief 
Commercialization Officer 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, to the 
maximum extent practicable, 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 rural, Tribal, 
        and low-income 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 9007 of Division Z of 
the Consolidated Appropriations Act, 2021 (Public Law 116-260), 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 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 2022 through 2026.

SEC. 102. 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.
    (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 other 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 9007 of Division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall report annually on the progress and implementation of 
the program established under section (b).
    (g) Evaluation.--In accordance with section 9007 of Division Z of 
the Consolidated Appropriations Act, 2021 (Public Law 116-260), 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 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 2022 through 2026.

SEC. 103. CLEAN ENERGY TECHNOLOGY TRANSFER COORDINATION.

    (a) In General.--The Secretary, acting through the Chief 
Commercialization Officer 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 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 2022 through 2026.

      TITLE II--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL 
                              LABORATORIES

SEC. 201. LAB PARTNERING SERVICE PILOT PROGRAM.

     Section 9002 of division Z of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) is amended by adding at the end the 
following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $2,000,000 for each of fiscal years 2022 
through 2024 to carry out subsections (a), (b), and (c), and $1,700,000 
for each of fiscal years 2022 through 2024 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 National Laboratory 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.--National Laboratories 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;
            (3) a federally-owned corporation; or
            (4) a consortium of 2 or more entities described in 
        paragraphs (1) through (3).
    (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 9007 of Division Z of 
the Consolidated Appropriations Act, 2021 (Public Law 116-260), 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 National Laboratories 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 National Laboratories 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 2022 through 2026.

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 ``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 ``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 
        Chief Commercialization Officer 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 stream-lined 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 9007 of division 
        Z of the Consolidated Appropriations Act, 2021 (Public Law 116-
        260), 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 before the 
        period at the end ``and for activities under subsection (c) 
        $25,000,000 for each of fiscal years 2022 through 2026''.

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 9007 of division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), 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) allow such activities to interfere with 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 Agreements 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. 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 of the National 
        Laboratories.
    (c) Administration.--
            (1) Accountability.--The Director of the affected National 
        Laboratory and the affected contractor shall carry out an 
        agreement under this section in accordance with applicable 
        policies of the Department, including by ensuring that the 
        agreement does not compromise any national security, economic, 
        or environmental interest of the United States.
            (2) Certification.--The Director of the affected National 
        Laboratory and the affected contractor shall certify that each 
        activity carried out under a project for which an agreement is 
        entered into under this section does not present, or minimizes, 
        any apparent conflict of interest, and avoids or neutralizes 
        any actual conflict of interest, as a result of the agreement 
        under this section.
            (3) Availability of records.--Not later than 30 days after 
        the date on which a Director of a National Laboratory 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 9007 of division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), 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 Committee 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 206 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. OFFICE OF TECHNOLOGY TRANSITIONS.

    Section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391) 
is amended by adding at the end the following:
            ``(6) 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 305 of the 
        Energizing Technology Transfer Act.
            ``(7) 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 2022 through 2026.''.

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 or are eligible to 
receive funding from the Department, in coordination with relevant 
staff from Department program offices, including the Office of 
Technology Transitions, the Loan Program Office, and all applied 
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 4 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 305 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) Additional Authority.--The Secretary may carry out and manage 
demonstration projects directly through the program established in 
subsection (a).
    (e) 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.
    (f) 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.
    (g) Reporting.--In accordance with section 9007 of Division Z of 
the Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall report annually on the utilization of the authority 
granted under this section, including--
            (1) a summary of any demonstration projects currently being 
        carried out under this section; and
            (2) the reviews under subsection (c)(4) of any ongoing 
        demonstration projects carried out under this section.
    (h) 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.

    (a) Reporting.--Section 1008 of the Energy Policy Act of 2005 (42 
U.S.C. 16396) is amended by adding at the end the following:
    ``(h) Report.--In accordance with section 9007 of Division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall report annually on a description of any prize 
competitions carried out using the authority under this section, 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.''.
    (b) Technical Amendment.--Section 1008 of the Energy Policy Act of 
2005 (42 U.S.C. 16396) is amended by redesignating the second 
subsection (e) (relating to authorization of appropriations) as 
subsection (f).

SEC. 304. COST-SHARE WAIVER EXTENSION.

    (a) In General.--Section 988 of the Energy Policy Act of 2005 (42 
U.S.C. 16351) is amended in subsection (b)(4)(B) by striking ``this 
paragraph'' and inserting ``the Energizing Technology Transfer Act''.
    (b) Report.--Section 108(b) of the Department of Energy Research 
and Innovation Act is amended in subsection (b) by striking ``this 
Act'' each place it appears and inserting ``the Energizing Technology 
Transfer Act''.

SEC. 305. 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 not more than 60 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 Level II of the Executive Schedule (EX-
        II) under section 5311 of title 5, United States Code 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. 306. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.

    Section 9007 of division Z of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) is amended as follows:
    ``(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 of 
Energy (in this section referred to as 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 9001, 9002, 9003, 9004, and 9005 of this Act 
and under sections 102, 203, 204, 205, 206, and 302 of the Energizing 
Technology Transfer Act.
    ``(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 9001, 9002, 9003, 9004, and 9005 of this Act and 
sections 101, 102, 103, and 202 of the Energizing Technology Transfer 
Act are achieving success based on relevant short-term and long-term 
metrics.''.
                                                 Union Calendar No. 350

117th CONGRESS

  2d Session

                               H. R. 4606

                          [Report No. 117-453]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            August 19, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed