[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Pages S5987-S5998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2673. Mr. McCONNELL (for Mr. Tillis) proposed an amendment to 
amendment SA 2652 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; as follows:

       At the appropriate place, insert the following:

[[Page S5988]]

  


     SEC. __. GUARANTEED AVAILABILITY OF COVERAGE; PROHIBITING 
                   DISCRIMINATION.

       (a) In General.--Subtitle C of title I of the Health 
     Insurance Portability and Accountability Act of 1996 (Public 
     Law 104-191) is amended by adding at the end the following:

     ``SEC. 196. PROHIBITION OF PRE-EXISTING CONDITION EXCLUSIONS.

       ``(a) In General.--A group health plan and a health 
     insurance issuer offering group or individual health 
     insurance coverage may not impose any pre-existing condition 
     exclusion with respect to such plan or coverage.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Pre-existing condition exclusion.--
       ``(A) In general.--The term `pre-existing condition 
     exclusion' means, with respect to coverage, a limitation or 
     exclusion of benefits relating to a condition based on the 
     fact that the condition was present before the enrollment 
     date for such coverage, whether or not any medical advice, 
     diagnosis, care, or treatment was recommended or received 
     before such date.
       ``(B) Treatment of genetic information.--Genetic 
     information shall not be treated as a condition described in 
     subparagraph (A) in the absence of a diagnosis of the 
     condition related to such information.
       ``(2) Enrollment date.--The term `enrollment date' means, 
     with respect to an individual covered under a group health 
     plan or health insurance coverage, the date of enrollment of 
     the individual in the plan or coverage or, if earlier, the 
     first day of the waiting period for such enrollment.
       ``(3) Waiting period.--The term `waiting period' means, 
     with respect to a group health plan and an individual who is 
     a potential participant or beneficiary in the plan, the 
     period that must pass with respect to the individual before 
     the individual is eligible to be covered for benefits under 
     the terms of the plan.

     ``SEC. 197. GUARANTEED AVAILABILITY OF COVERAGE.

       ``(a) Guaranteed Issuance of Coverage in the Individual and 
     Group Market.--Subject to subsections (b) through (d), each 
     health insurance issuer that offers health insurance coverage 
     in the individual or group market in a State must accept 
     every employer and individual in the State that applies for 
     such coverage.
       ``(b) Enrollment.--
       ``(1) Restriction.--A health insurance issuer described in 
     subsection (a) may restrict enrollment in coverage described 
     in such subsection to open or special enrollment periods.
       ``(2) Establishment.--A health insurance issuer described 
     in subsection (a) shall, in accordance with the regulations 
     promulgated under paragraph (3), establish special enrollment 
     periods for qualifying events (under section 603 of the 
     Employee Retirement Income Security Act of 1974).
       ``(3) Regulations.--The Secretary shall promulgate 
     regulations with respect to enrollment periods under 
     paragraphs (1) and (2).
       ``(c) Special Rules for Network Plans.--
       ``(1) In general.--In the case of a health insurance issuer 
     that offers health insurance coverage in the group and 
     individual market through a network plan, the issuer may--
       ``(A) limit the employers that may apply for such coverage 
     to those with eligible individuals who live, work, or reside 
     in the service area for such network plan; and
       ``(B) within the service area of such plan, deny such 
     coverage to such employers and individuals if the issuer has 
     demonstrated, if required, to the applicable State authority 
     that--
       ``(i) it will not have the capacity to deliver services 
     adequately to enrollees of any additional groups or any 
     additional individuals because of its obligations to existing 
     group contract holders and enrollees; and
       ``(ii) it is applying this paragraph uniformly to all 
     employers and individuals without regard to the claims 
     experience of those individuals, employers and their 
     employees (and their dependents), or any health status-
     related factor relating to such individuals, employees, and 
     dependents.
       ``(2) 180-day suspension upon denial of coverage.--An 
     issuer, upon denying health insurance coverage in any service 
     area in accordance with paragraph (1)(B), may not offer 
     coverage in the group or individual market within such 
     service area for a period of 180 days after the date such 
     coverage is denied.
       ``(d) Application of Financial Capacity Limits.--
       ``(1) In general.--A health insurance issuer may deny 
     health insurance coverage in the group or individual market 
     if the issuer has demonstrated, if required, to the 
     applicable State authority that--
       ``(A) it does not have the financial reserves necessary to 
     underwrite additional coverage; and
       ``(B) it is applying this paragraph uniformly to all 
     employers and individuals in the group or individual market 
     in the State consistent with applicable State law and without 
     regard to the claims experience of those individuals, 
     employers and their employees (and their dependents) or any 
     health status-related factor relating to such individuals, 
     employees, and dependents.
       ``(2) 180-day suspension upon denial of coverage.--A health 
     insurance issuer upon denying health insurance coverage in 
     connection with group health plans in accordance with 
     paragraph (1) in a State may not offer coverage in connection 
     with group health plans in the group or individual market in 
     the State for a period of 180 days after the date such 
     coverage is denied or until the issuer has demonstrated to 
     the applicable State authority, if required under applicable 
     State law, that the issuer has sufficient financial reserves 
     to underwrite additional coverage, whichever is later. An 
     applicable State authority may provide for the application of 
     this subsection on a service-area-specific basis
       ``(e) Definitions.--In this section and in sections 196 and 
     198:
       ``(1) The term `Secretary' means the Secretary of Health 
     and Human Services.
       ``(2) The terms `genetic information', `genetic test', 
     `group health plan', `group market', `health insurance 
     coverage', `health insurance issuer', `group health insurance 
     coverage', `individual health insurance coverage', 
     `individual market', and `underwriting purpose' have the 
     meanings given such terms in section 2791 of the Public 
     Health Service Act.''.

     ``SEC. 198. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL 
                   PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH 
                   STATUS.

       ``(a) In General.--A group health plan and a health 
     insurance issuer offering group or individual health 
     insurance coverage may not establish rules for eligibility 
     (including continued eligibility) of any individual to enroll 
     under the terms of the plan or coverage based on any of the 
     following health status-related factors in relation to the 
     individual or a dependent of the individual:
       ``(1) Health status.
       ``(2) Medical condition (including both physical and mental 
     illnesses).
       ``(3) Claims experience.
       ``(4) Receipt of health care.
       ``(5) Medical history.
       ``(6) Genetic information.
       ``(7) Evidence of insurability (including conditions 
     arising out of acts of domestic violence).
       ``(8) Disability.
       ``(9) Any other health status-related factor determined 
     appropriate by the Secretary.
       ``(b) In Premium Contributions.--
       ``(1) In general.--A group health plan, and a health 
     insurance issuer offering group or individual health 
     insurance coverage, may not require any individual (as a 
     condition of enrollment or continued enrollment under the 
     plan) to pay a premium or contribution which is greater than 
     such premium or contribution for a similarly situated 
     individual enrolled in the plan on the basis of any health 
     status-related factor in relation to the individual or to an 
     individual enrolled under the plan as a dependent of the 
     individual.
       ``(2) Construction.--Nothing in paragraph (1) shall be 
     construed--
       ``(A) to restrict the amount that an employer or individual 
     may be charged for coverage under a group health plan except 
     as provided in paragraph (3) or individual health coverage, 
     as the case may be; or
       ``(B) to prevent a group health plan, and a health 
     insurance issuer offering group health insurance coverage, 
     from establishing premium discounts or rebates or modifying 
     otherwise applicable copayments or deductibles in return for 
     adherence to programs of health promotion and disease 
     prevention.
       ``(3) No group-based discrimination on basis of genetic 
     information.--
       ``(A) In general.--For purposes of this section, a group 
     health plan, and health insurance issuer offering group 
     health insurance coverage in connection with a group health 
     plan, may not adjust premium or contribution amounts for the 
     group covered under such plan on the basis of genetic 
     information.
       ``(B) Rule of construction.--Nothing in subparagraph (A) or 
     in paragraphs (1) and (2) of subsection (d) shall be 
     construed to limit the ability of a health insurance issuer 
     offering group or individual health insurance coverage to 
     increase the premium for an employer based on the 
     manifestation of a disease or disorder of an individual who 
     is enrolled in the plan. In such case, the manifestation of a 
     disease or disorder in one individual cannot also be used as 
     genetic information about other group members and to further 
     increase the premium for the employer.
       ``(c) Genetic Testing.--
       ``(1) Limitation on requesting or requiring genetic 
     testing.--A group health plan, and a health insurance issuer 
     offering health insurance coverage in connection with a group 
     health plan, shall not request or require an individual or a 
     family member of such individual to undergo a genetic test.
       ``(2) Rule of construction.--Paragraph (1) shall not be 
     construed to limit the authority of a health care 
     professional who is providing health care services to an 
     individual to request that such individual undergo a genetic 
     test.
       ``(3) Rule of construction regarding payment.--
       ``(A) In general.--Nothing in paragraph (1) shall be 
     construed to preclude a group health plan, or a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, from obtaining and using 
     the results of a genetic test in making a determination 
     regarding payment (as such term is defined for the purposes 
     of applying the regulations promulgated by the Secretary 
     under part C of title XI of the Social Security Act and 
     section 264 of this Act, as may be revised from time to time) 
     consistent with subsection (a).

[[Page S5989]]

       ``(B) Limitation.--For purposes of subparagraph (A), a 
     group health plan, or a health insurance issuer offering 
     health insurance coverage in connection with a group health 
     plan, may request only the minimum amount of information 
     necessary to accomplish the intended purpose.
       ``(4) Research exception.--Notwithstanding paragraph (1), a 
     group health plan, or a health insurance issuer offering 
     health insurance coverage in connection with a group health 
     plan, may request, but not require, that a participant or 
     beneficiary undergo a genetic test if each of the following 
     conditions is met:
       ``(A) The request is made pursuant to research that 
     complies with part 46 of title 45, Code of Federal 
     Regulations, or equivalent Federal regulations, and any 
     applicable State or local law or regulations for the 
     protection of human subjects in research.
       ``(B) The plan or issuer clearly indicates to each 
     participant or beneficiary, or in the case of a minor child, 
     to the legal guardian of such beneficiary, to whom the 
     request is made that--
       ``(i) compliance with the request is voluntary; and
       ``(ii) noncompliance will have no effect on enrollment 
     status or premium or contribution amounts.
       ``(C) No genetic information collected or acquired under 
     this paragraph shall be used for underwriting purposes.
       ``(D) The plan or issuer notifies the Secretary in writing 
     that the plan or issuer is conducting activities pursuant to 
     the exception provided for under this paragraph, including a 
     description of the activities conducted.
       ``(E) The plan or issuer complies with such other 
     conditions as the Secretary may by regulation require for 
     activities conducted under this paragraph.
       ``(d) Prohibition on Collection of Genetic Information.--
       ``(1) In general.--A group health plan, and a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, shall not request, 
     require, or purchase genetic information for underwriting 
     purposes.
       ``(2) Prohibition on collection of genetic information 
     prior to enrollment.--A group health plan, and a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, shall not request, 
     require, or purchase genetic information with respect to any 
     individual prior to such individual's enrollment under the 
     plan or coverage in connection with such enrollment.
       ``(3) Incidental collection.--If a group health plan, or a 
     health insurance issuer offering health insurance coverage in 
     connection with a group health plan, obtains genetic 
     information incidental to the requesting, requiring, or 
     purchasing of other information concerning any individual, 
     such request, requirement, or purchase shall not be 
     considered a violation of paragraph (2) if such request, 
     requirement, or purchase is not in violation of paragraph 
     (1).
       ``(e) Genetic Information of a Fetus or Embryo.--Any 
     reference in this part to genetic information concerning an 
     individual or family member of an individual shall--
       ``(1) with respect to such an individual or family member 
     of an individual who is a pregnant woman, include genetic 
     information of any fetus carried by such pregnant woman; and
       ``(2) with respect to an individual or family member 
     utilizing an assisted reproductive technology, include 
     genetic information of any embryo legally held by the 
     individual or family member.
       ``(f) Programs of Health Promotion or Disease Prevention.--
       ``(1) General provisions.--
       ``(A) General rule.--For purposes of subsection (b)(2)(B), 
     a program of health promotion or disease prevention (referred 
     to in this subsection as a `wellness program') shall be a 
     program offered by an employer that is designed to promote 
     health or prevent disease that meets the applicable 
     requirements of this subsection.
       ``(B) No conditions based on health status factor.--If none 
     of the conditions for obtaining a premium discount or rebate 
     or other reward for participation in a wellness program is 
     based on an individual satisfying a standard that is related 
     to a health status factor, such wellness program shall not 
     violate this section if participation in the program is made 
     available to all similarly situated individuals and the 
     requirements of paragraph (2) are complied with.
       ``(C) Conditions based on health status factor.--If any of 
     the conditions for obtaining a premium discount or rebate or 
     other reward for participation in a wellness program is based 
     on an individual satisfying a standard that is related to a 
     health status factor, such wellness program shall not violate 
     this section if the requirements of paragraph (3) are 
     complied with.
       ``(2) Wellness programs not subject to requirements.--If 
     none of the conditions for obtaining a premium discount or 
     rebate or other reward under a wellness program as described 
     in paragraph (1)(B) are based on an individual satisfying a 
     standard that is related to a health status factor (or if 
     such a wellness program does not provide such a reward), the 
     wellness program shall not violate this section if 
     participation in the program is made available to all 
     similarly situated individuals. The following programs shall 
     not have to comply with the requirements of paragraph (3) if 
     participation in the program is made available to all 
     similarly situated individuals:
       ``(A) A program that reimburses all or part of the cost for 
     memberships in a fitness center.
       ``(B) A diagnostic testing program that provides a reward 
     for participation and does not base any part of the reward on 
     outcomes.
       ``(C) A program that encourages preventive care related to 
     a health condition through the waiver of the copayment or 
     deductible requirement under group health plan for the costs 
     of certain items or services related to a health condition 
     (such as prenatal care or well-baby visits).
       ``(D) A program that reimburses individuals for the costs 
     of smoking cessation programs without regard to whether the 
     individual quits smoking.
       ``(E) A program that provides a reward to individuals for 
     attending a periodic health education seminar.
       ``(3) Wellness programs subject to requirements.--If any of 
     the conditions for obtaining a premium discount, rebate, or 
     reward under a wellness program as described in paragraph 
     (1)(C) is based on an individual satisfying a standard that 
     is related to a health status factor, the wellness program 
     shall not violate this section if the following requirements 
     are complied with:
       ``(A) The reward for the wellness program, together with 
     the reward for other wellness programs with respect to the 
     plan that requires satisfaction of a standard related to a 
     health status factor, shall not exceed 30 percent of the cost 
     of employee-only coverage under the plan. If, in addition to 
     employees or individuals, any class of dependents (such as 
     spouses or spouses and dependent children) may participate 
     fully in the wellness program, such reward shall not exceed 
     30 percent of the cost of the coverage in which an employee 
     or individual and any dependents are enrolled. For purposes 
     of this paragraph, the cost of coverage shall be determined 
     based on the total amount of employer and employee 
     contributions for the benefit package under which the 
     employee is (or the employee and any dependents are) 
     receiving coverage. A reward may be in the form of a discount 
     or rebate of a premium or contribution, a waiver of all or 
     part of a cost-sharing mechanism (such as deductibles, 
     copayments, or coinsurance), the absence of a surcharge, or 
     the value of a benefit that would otherwise not be provided 
     under the plan. The Secretaries of Labor, Health and Human 
     Services, and the Treasury may increase the reward available 
     under this subparagraph to up to 50 percent of the cost of 
     coverage if the Secretaries determine that such an increase 
     is appropriate.
       ``(B) The wellness program shall be reasonably designed to 
     promote health or prevent disease. A program complies with 
     the preceding sentence if the program has a reasonable chance 
     of improving the health of, or preventing disease in, 
     participating individuals and it is not overly burdensome, is 
     not a subterfuge for discriminating based on a health status 
     factor, and is not highly suspect in the method chosen to 
     promote health or prevent disease.
       ``(C) The plan shall give individuals eligible for the 
     program the opportunity to qualify for the reward under the 
     program at least once each year.
       ``(D) The full reward under the wellness program shall be 
     made available to all similarly situated individuals. For 
     such purpose, among other things:
       ``(i) The reward is not available to all similarly situated 
     individuals for a period unless the wellness program allows--

       ``(I) for a reasonable alternative standard (or waiver of 
     the otherwise applicable standard) for obtaining the reward 
     for any individual for whom, for that period, it is 
     unreasonably difficult due to a medical condition to satisfy 
     the otherwise applicable standard; and
       ``(II) for a reasonable alternative standard (or waiver of 
     the otherwise applicable standard) for obtaining the reward 
     for any individual for whom, for that period, it is medically 
     inadvisable to attempt to satisfy the otherwise applicable 
     standard.

       ``(ii) If reasonable under the circumstances, the plan or 
     issuer may seek verification, such as a statement from an 
     individual's physician, that a health status factor makes it 
     unreasonably difficult or medically inadvisable for the 
     individual to satisfy or attempt to satisfy the otherwise 
     applicable standard.
       ``(E) The plan or issuer involved shall disclose in all 
     plan materials describing the terms of the wellness program 
     the availability of a reasonable alternative standard (or the 
     possibility of waiver of the otherwise applicable standard) 
     required under subparagraph (D). If plan materials disclose 
     that such a program is available, without describing its 
     terms, the disclosure under this subparagraph shall not be 
     required.''.
       (b) Conforming Amendment.--The table of contents under 
     section 1(b) of the Health Insurance Portability and 
     Accountability Act of 1996 (Public Law 104-191) is amended by 
     inserting after the item relating to section 195 the 
     following:

``Sec. 196. Prohibition of pre-existing condition exclusions.
``Sec. 197. Guaranteed Availability of Coverage.
``Sec. 198. Prohibiting Discrimination against individual participants 
              and beneficiaries based on health status.''.

[[Page S5990]]

       (c) Enforcement.--
       (1) PHSA.--Section 2723 of the Public Health Service Act 
     (42 U.S.C. 300gg-22) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``and sections 196 ,197, 
     and 198 of the Health Insurance Portability and 
     Accountability Act of 1996'' after ``this part''; and
       (ii) in paragraph (2), by inserting ``or section 196, 197, 
     or 198 of the Health Insurance Portability and Accountability 
     Act of 1996'' after ``this part''; and
       (B) in subsection (b), by inserting ``or section 196, 197, 
     or 198 of the Health Insurance Portability and Accountability 
     Act of 1996'' after ``this part'' each place such term 
     appears.
       (2) ERISA.--Section 715 of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1185d) is amended by adding 
     at the end the following:
       ``(c) Additional Provisions.--Section 197 of the Health 
     Insurance Portability and Accountability Act of 1996 shall 
     apply to health insurance issuers providing health insurance 
     coverage in connection with group health plans, and sections 
     196 and 198 of such Act shall apply to group health plans and 
     health insurance issuers providing health insurance coverage 
     in connection with group health plans, as if included in this 
     subpart, and to the extent that any provision of this part 
     conflicts with a provision of such section 197 with respect 
     to health insurance issuers providing health insurance 
     coverage in connection with group health plans or of such 
     section 196 or 198 with respect to group health plans or 
     health insurance issuers providing health insurance coverage 
     in connection with group health plans, the provisions of such 
     sections 196, 197, and 198, as applicable, shall apply.''.
       (3) IRC.--Section 9815 of the Internal Revenue Code of 1986 
     is amended by adding at the end the following:
       ``(c) Additional Provisions.--Section 197 of the Health 
     Insurance Portability and Accountability Act of 1996 shall 
     apply to health insurance issuers providing health insurance 
     coverage in connection with group health plans, and section 
     196 and 198 of such Act shall apply to group health plans and 
     health insurance issuers providing health insurance coverage 
     in connection with group health plans, as if included in this 
     subchapter, and to the extent that any provision of this 
     chapter conflicts with a provision of such section 197 with 
     respect to health insurance issuers providing health 
     insurance coverage in connection with group health plans or 
     of such section 196 or 198 with respect to group health plans 
     or health insurance issuers providing health insurance 
     coverage in connection with group health plans, the 
     provisions of such sections 196, 197, and 198, as applicable, 
     shall apply.''.
       (d) Effective Date.--This amendments made by this section 
     shall take effect one day after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 2674. Mr. PORTMAN (for Mr. Wicker) proposed an amendment to the 
bill S. 910, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Sea Grant College 
     Program Amendments Act of 2020''.

     SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM 
                   ACT.

       Except as otherwise expressly provided, wherever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Sea Grant College Program Act 
     (33 U.S.C. 1121 et seq.).

     SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY 
                   FELLOWSHIP.

       (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is 
     amended by striking ``may'' and inserting ``shall''.
       (b) Placements in Congress.--Such section is further 
     amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) In general.--The Secretary''; and
       (2) in paragraph (1), as designated by paragraph (1), in 
     the second sentence, by striking ``A fellowship'' and 
     inserting the following:
       ``(2) Placement priorities.--
       ``(A) In general.--In each year in which the Secretary 
     awards a legislative fellowship under this subsection, when 
     considering the placement of fellows, the Secretary shall 
     prioritize placement of fellows in the following:
       ``(i) Positions in offices of, or with Members on, 
     committees of Congress that have jurisdiction over the 
     National Oceanic and Atmospheric Administration.
       ``(ii) Positions in offices of Members of Congress that 
     have a demonstrated interest in ocean, coastal, or Great 
     Lakes resources.
       ``(B) Equitable distribution.--In placing fellows in 
     offices described in subparagraph (A), the Secretary shall 
     ensure that placements are equitably distributed among the 
     political parties.
       ``(3) Duration.--A fellowship''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to the first calendar year beginning 
     after the date of the enactment of this Act.
       (d) Sense of Congress Concerning Federal Hiring of Former 
     Fellows.--It is the sense of Congress that in recognition of 
     the competitive nature of the fellowship under section 208(b) 
     of the National Sea Grant College Program Act (33 U.S.C. 
     1127(b)), and of the exceptional qualifications of fellowship 
     awardees, the Secretary of Commerce, acting through the Under 
     Secretary of Commerce for Oceans and Atmosphere, should 
     encourage participating Federal agencies to consider 
     opportunities for fellowship awardees at the conclusion of 
     their fellowships for workforce positions appropriate for 
     their education and experience.

     SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO 
                   ACCEPT DONATIONS FOR NATIONAL SEA GRANT COLLEGE 
                   PROGRAM.

       (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 
     1123(c)(4)(E)) is amended to read as follows:
       ``(E) accept donations of money and, notwithstanding 
     section 1342 of title 31, United States Code, of voluntary 
     and uncompensated services;''.
       (b) Priorities.--The Secretary of Commerce, acting through 
     the Under Secretary of Commerce for Oceans and Atmosphere, 
     shall establish priorities for the use of donations accepted 
     under section 204(c)(4)(E) of the National Sea Grant College 
     Program Act (33 U.S.C. 1123(c)(4)(E)), and shall consider 
     among those priorities the possibility of expanding the Dean 
     John A. Knauss Marine Policy Fellowship's placement of 
     additional fellows in relevant legislative offices under 
     section 208(b) of that Act (33 U.S.C. 1127(b)), in accordance 
     with the recommendations under subsection (c) of this 
     section.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the National Sea Grant 
     College Program, in consultation with the National Sea Grant 
     Advisory Board and the Sea Grant Association, shall--
       (1) develop recommendations for the optimal use of any 
     donations accepted under section 204(c)(4)(E) of the National 
     Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and
       (2) submit to Congress a report on the recommendations 
     developed under paragraph (1).
       (d) Construction.--Nothing in this section shall be 
     construed to limit or otherwise affect any other amounts 
     available for marine policy fellowships under section 208(b) 
     of the National Sea Grant College Program Act (33 U.S.C. 
     1127(b)), including amounts--
       (1) accepted under section 204(c)(4)(F) of that Act (33 
     U.S.C. 1123(c)(4)(F)); or
       (2) appropriated pursuant to the authorization of 
     appropriations under section 212 of that Act (33 U.S.C. 
     1131).

     SEC. 5. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA 
                   GRANT ADVISORY BOARD REPORT.

       Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
       (1) in the paragraph heading, by striking ``Biennial'' and 
     inserting ``Periodic'';
       (2) by striking the first sentence and inserting the 
     following: ``The Board shall report to Congress at least once 
     every four years on the state of the national sea grant 
     college program and shall notify Congress of any significant 
     changes to the state of the program not later than two years 
     after the submission of such a report.''; and
       (3) in the second sentence, by adding before the end period 
     the following: ``and provide a summary of research conducted 
     under the program''.

     SEC. 6. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT 
                   COLLEGE PROGRAM.

       Section 204(b) (33 U.S.C. 1123(b)) is amended, in the 
     matter preceding paragraph (1), by inserting ``for research, 
     education, extension, training, technology transfer, and 
     public service'' after ``financial assistance''.

     SEC. 7. DESIGNATION OF NEW NATIONAL SEA GRANT COLLEGES AND 
                   SEA GRANT INSTITUTES.

       Section 207(b) (33 U.S.C. 1126(b)) is amended--
       (1) in the subsection heading, by striking ``Existing 
     Designees'' and inserting ``Additional Designations''; and
       (2) by striking ``Any institution'' and inserting the 
     following:
       ``(1) Notification to congress of designations.--
       ``(A) In general.--Not less than 30 days before designating 
     an institution, or an association or alliance of two or more 
     such institutions, as a sea grant college or sea grant 
     institute under subsection (a), the Secretary shall notify 
     Congress in writing of the proposed designation. The 
     notification shall include an evaluation and justification 
     for the designation.
       ``(B) Effect of joint resolution of disapproval.--The 
     Secretary may not designate an institution, or an association 
     or alliance of two or more such institutions, as a sea grant 
     college or sea grant institute under subsection (a) if, 
     before the end of the 30-day period described in subparagraph 
     (A), a joint resolution disapproving the designation is 
     enacted.
       ``(2) Existing designees.--Any institution''.

     SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE 
                   POLICY FELLOWSHIP.

       (a) In General.--During fiscal year 2019 and any fiscal 
     year thereafter, the head of any Federal agency may appoint, 
     without regard to the provisions of subchapter I of chapter 
     33 of title 5, United States Code, other than sections 3303 
     and 3328 of that title, a qualified candidate described in 
     subsection (b) directly to a position with the

[[Page S5991]]

     Federal agency for which the candidate meets Office of 
     Personnel Management qualification standards.
       (b) Dean John A. Knauss Marine Policy Fellowship.--
     Subsection (a) applies with respect to a former recipient of 
     a Dean John A. Knauss Marine Policy Fellowship under section 
     208(b) of the National Sea Grant College Program Act (33 
     U.S.C. 1127(b)) who--
       (1) earned a graduate or post-graduate degree in a field 
     related to ocean, coastal, and Great Lakes resources or 
     policy from an accredited institution of higher education; 
     and
       (2) successfully fulfilled the requirements of the 
     fellowship within the executive or legislative branch of the 
     United States Government.
       (c) Limitation.--The direct hire authority under this 
     section shall be exercised with respect to a specific 
     qualified candidate not later than 2 years after the date 
     that the candidate completed the fellowship described in 
     subsection (b).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA 
                   GRANT COLLEGE PROGRAM.

       (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this title--
       ``(A) $87,520,000 for fiscal year 2020;
       ``(B) $91,900,000 for fiscal year 2021;
       ``(C) $96,500,000 for fiscal year 2022;
       ``(D) $101,325,000 for fiscal year 2023; and
       ``(E) $105,700,000 for fiscal year 2024.''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Priority activities for fiscal years 2020 through 
     2024.--In addition to the amounts authorized to be 
     appropriated under paragraph (1), there are authorized to be 
     appropriated $6,000,000 for each of fiscal years 2020 through 
     2024 for competitive grants for the following:
       ``(A) University research on the biology, prevention, and 
     control of aquatic nonnative species.
       ``(B) University research on oyster diseases, oyster 
     restoration, and oyster-related human health risks.
       ``(C) University research on the biology, prevention, and 
     forecasting of harmful algal blooms.
       ``(D) University research, education, training, and 
     extension services and activities focused on coastal 
     resilience and United States working waterfronts and other 
     regional or national priority issues identified in the 
     strategic plan under section 204(c)(1).
       ``(E) University research and extension on sustainable 
     aquaculture techniques and technologies.
       ``(F) Fishery research and extension activities conducted 
     by sea grant colleges or sea grant institutes to enhance, and 
     not supplant, existing core program funding.''.
       (b) Modification of Limitations on Amounts for 
     Administration.--Paragraph (1) of section 212(b) (33 U.S.C. 
     1131(b)) is amended to read as follows:
       ``(1) Administration.--
       ``(A) In general.--There may not be used for administration 
     of programs under this title in a fiscal year more than 5.5 
     percent of the lesser of--
       ``(i) the amount authorized to be appropriated under this 
     title for the fiscal year; or
       ``(ii) the amount appropriated under this title for the 
     fiscal year.
       ``(B) Critical staffing requirements.--
       ``(i) In general.--The Director shall use the authority 
     under subchapter VI of chapter 33 of title 5, United States 
     Code, and under section 210 of this title, to meet any 
     critical staffing requirement while carrying out the 
     activities authorized under this title.
       ``(ii) Exception from cap.--For purposes of subparagraph 
     (A), any costs incurred as a result of an exercise of 
     authority as described in clause (i) shall not be considered 
     an amount used for administration of programs under this 
     title in a fiscal year.''.
       (c) Allocation of Funding.--
       (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) 
     is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``With respect to sea grant colleges and sea grant 
     institutes'' and inserting ``With respect to sea grant 
     colleges, sea grant institutes, sea grant programs, and sea 
     grant projects''; and
       (B) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``funding among sea grant colleges and sea 
     grant institutes'' and inserting ``funding among sea grant 
     colleges, sea grant institutes, sea grant programs, and sea 
     grant projects''.
       (2) Repeal of requirements concerning distribution of 
     excess amounts.--Section 212 (33 U.S.C. 1131) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 10. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF 
                   OCEANS AND COASTAL RESEARCH ACTIVITIES.

       Section 9 of the National Sea Grant College Program Act 
     Amendments of 2002 (33 U.S.C. 857-20) is repealed.

     SEC. 11. TECHNICAL CORRECTIONS.

       The National Sea Grant College Program Act (33 U.S.C. 1121 
     et seq.) is amended--
       (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by 
     moving clause (vi) 2 ems to the right; and
       (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended 
     by section 5, in the third sentence, by striking ``The 
     Secretary shall'' and inserting the following:
       ``(3) Availability of resources of department of 
     commerce.--The Secretary shall''.
                                 ______
                                 
  SA 2675. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 2657, to support innovation in advanced geothermal 
research and development, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ENERGY TECHNOLOGY COMMERCIALIZATION FOUNDATION.

       (a) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Board of Directors 
     described in subsection (b)(2)(A).
       (2) Executive director.--The term ``Executive Director'' 
     means the Executive Director described in subsection 
     (b)(5)(A).
       (3) Foundation.--The term ``Foundation'' means the Energy 
     Technology Commercialization Foundation established under 
     subsection (b)(1).
       (b) Energy Technology Commercialization Foundation.--
       (1) Establishment.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish a 
     nonprofit corporation to be known as the ``Energy Technology 
     Commercialization Foundation''.
       (B) Mission.--The mission of the Foundation shall be--
       (i) to support the mission of the Department; and
       (ii) to advance collaboration with energy researchers, 
     institutions of higher education, industry, and nonprofit and 
     philanthropic organizations to accelerate the 
     commercialization of energy technologies.
       (C) Limitation.--The Foundation shall not be an agency or 
     instrumentality of the Federal Government.
       (D) Tax-exempt status.--The Board shall take all necessary 
     and appropriate steps to ensure that the Foundation receives 
     a determination from the Internal Revenue Service that the 
     Foundation is an organization that is described in section 
     501(c) of the Internal Revenue Code of 1986 and exempt from 
     taxation under section 501(a) of that Code.
       (E) Collaboration with existing organizations.--The 
     Secretary may collaborate with 1 or more organizations to 
     establish the Foundation and carry out the activities of the 
     Foundation.
       (2) Board of directors.--
       (A) Establishment.--The Foundation shall be governed by a 
     Board of Directors.
       (B) Composition.--
       (i) In general.--The Board shall be composed of the members 
     described in clause (ii).
       (ii) Board members.--

       (I) Initial members.--The Secretary may--

       (aa) seek to enter into a contract with the National 
     Academies of Sciences, Engineering, and Medicine to develop a 
     list of individuals to serve as members of the Board who are 
     well-qualified and will meet the requirements of subclauses 
     (II) and (III); and
       (bb) appoint the initial members of the Board from that 
     list, in consultation with the National Academies of 
     Sciences, Engineering, and Medicine.

       (II) Representation.--The members of the Board shall 
     reflect a broad cross-section of stakeholders from academia, 
     industry, nonprofit organizations, State or local 
     governments, the investment community, the philanthropic 
     community, and management and operating contractors of the 
     National Laboratories.
       (III) Experience.--The Secretary shall ensure that a 
     majority of the members of the Board--

       (aa)(AA) has experience in the energy sector;
       (BB) has research experience in the energy field; or
       (CC) has experience in technology commercialization or 
     foundation operations; and
       (bb) to the extent practicable, represents diverse regions 
     and energy sectors.
       (C) Chair and vice chair.--
       (i) In general.--The Board shall designate from among the 
     members of the Board--

       (I) an individual to serve as Chair of the Board; and
       (II) an individual to serve as Vice Chair of the Board.

       (ii) Terms.--The term of service of the Chair and Vice 
     Chair of the Board shall end on the earlier of--

       (I) the date that is 3 years after the date on which the 
     Chair or Vice Chair of the Board, as applicable, is 
     designated for the position; and
       (II) the last day of the term of service of the member, as 
     determined under subparagraph (D)(i), who is designated to be 
     Chair or Vice Chair of the Board, as applicable.

       (iii) Representation.--The Chair and Vice Chair of the 
     Board--

       (I) shall not be representatives of the same area or 
     entity, as applicable, under subparagraph (B)(ii)(II); and
       (II) shall not be representatives of any area or entity, as 
     applicable, represented by the immediately preceding Chair 
     and Vice Chair of the Board.

       (D) Terms and vacancies.--
       (i) Terms.--

       (I) In general.--Except as provided in subclause (II), the 
     term of service of each member of the Board shall be 5 years.

[[Page S5992]]

       (II) Initial members.--Of the initial members of the Board 
     appointed under subparagraph (B)(ii)(I), half of the members 
     shall serve for 4 years and half of the members shall serve 
     for 5 years, as determined by the Chair of the Board.

       (ii) Vacancies.--Any vacancy in the membership of the 
     Board--

       (I) shall be filled in accordance with the bylaws of the 
     Foundation by an individual capable of representing the same 
     area or entity, as applicable, as represented by the vacating 
     board member under subparagraph (B)(ii)(II);
       (II) shall not affect the power of the remaining members to 
     execute the duties of the Board; and
       (III) shall be filled by an individual selected by the 
     Board.

       (E) Meetings; quorum.--
       (i) Initial meeting.--Not later than 60 days after the 
     Board is established, the Secretary shall convene a meeting 
     of the members of the Board to incorporate the Foundation.
       (ii) Quorum.--A majority of the members of the Board shall 
     constitute a quorum for purposes of conducting the business 
     of the Board.
       (F) Duties.--The Board shall--
       (i) establish bylaws for the Foundation in accordance with 
     subparagraph (G);
       (ii) provide overall direction for the activities of the 
     Foundation and establish priority activities;
       (iii) carry out any other necessary activities of the 
     Foundation;
       (iv) evaluate the performance of the Executive Director; 
     and
       (v) actively solicit and accept funds, gifts, grants, 
     devises, or bequests of real or personal property to the 
     Foundation, including from private entities.
       (G) Bylaws.--
       (i) In general.--The bylaws established under subparagraph 
     (F)(i) may include--

       (I) policies for the selection of Board members, officers, 
     employees, agents, and contractors of the Foundation;
       (II) policies, including ethical standards, for--

       (aa) the acceptance, solicitation, and disposition of 
     donations and grants to the Foundation, including appropriate 
     limits on the ability of donors to designate, by stipulation 
     or restriction, the use or recipient of donated funds; and
       (bb) the disposition of assets of the Foundation;

       (III) policies that subject all employees, fellows, 
     trainees, and other agents of the Foundation (including 
     members of the Board) to conflict of interest standards; and
       (IV) the specific duties of the Executive Director.

       (ii) Requirements.--The Board shall ensure that the bylaws 
     of the Foundation and the activities carried out under those 
     bylaws shall not--

       (I) reflect unfavorably on the ability of the Foundation to 
     carry out activities in a fair and objective manner; or
       (II) compromise, or appear to compromise, the integrity of 
     any governmental agency or program, or any officer or 
     employee employed by, or involved in, a governmental agency 
     or program.

       (H) Compensation.--
       (i) In general.--No member of the Board shall receive 
     compensation for serving on the Board.
       (ii) Certain expenses.--In accordance with the bylaws of 
     the Foundation, members of the Board may be reimbursed for 
     travel expenses, including per diem in lieu of subsistence, 
     and other necessary expenses incurred in carrying out the 
     duties of the Board.
       (3) Purpose.--The purpose of the Foundation is to increase 
     private and philanthropic sector investments that support 
     efforts to create, develop, and commercialize innovative 
     technologies that address crosscutting national energy 
     challenges by methods that include--
       (A) fostering collaboration and partnerships with 
     researchers from the Federal Government, State governments, 
     institutions of higher education, federally funded research 
     and development centers, industry, and nonprofit 
     organizations for the research, development, or 
     commercialization of transformative energy and associated 
     technologies;
       (B)(i) strengthening regional economic development through 
     scientific and energy innovation; and
       (ii) disseminating lessons learned from that development to 
     foster the creation and growth of new regional energy 
     innovation clusters;
       (C) promoting new product development that supports job 
     creation;
       (D) administering prize competitions to accelerate private 
     sector competition and investment; and
       (E) supporting programs that advance technologies from the 
     prototype stage to a commercial stage.
       (4) Activities.--
       (A) Studies, competitions, and projects.--The Foundation 
     may conduct and support studies, competitions, projects, and 
     other activities that further the purpose of the Foundation 
     described in paragraph (3).
       (B) Fellowships and grants.--
       (i) In general.--The Foundation may award fellowships and 
     grants for activities relating to research, development, 
     demonstration, maturation, or commercialization of energy 
     technologies.
       (ii) Form of award.--A fellowship or grant under clause (i) 
     may consist of a stipend, health insurance benefits, funds 
     for travel, and funds for other appropriate expenses.
       (iii) Selection.--In selecting a recipient for a fellowship 
     or grant under clause (i), the Foundation--

       (I) shall make the selection based on the technical and 
     commercialization merits of the proposed project of the 
     potential recipient; and
       (II) may consult with a potential recipient regarding the 
     ability of the potential recipient to carry out various 
     projects that would further the purpose of the Foundation 
     described in paragraph (3).

       (iv) National laboratories.--A National Laboratory that 
     applies for or accepts a grant under clause (i) shall not be 
     considered to be engaging in a competitive process.
       (C) Accessing facilities and expertise.--The Foundation may 
     work with the Department--
       (i) to leverage the capabilities and facilities of National 
     Laboratories to commercialize technology; and
       (ii) to assist with resources, including through the 
     development of internet websites that provide information on 
     the capabilities and facilities of each National Laboratory 
     relating to the commercialization of technology.
       (D) Training and education.--The Foundation may support 
     programs that provide commercialization training to 
     researchers, scientists, and other relevant personnel at 
     National Laboratories and institutions of higher education to 
     help commercialize federally funded technology.
       (E) Maturation funding.--The Foundation shall support 
     programs that provide maturation funding to researchers to 
     advance the technology of those researchers for the purpose 
     of moving products from a prototype stage to a commercial 
     stage.
       (F) Stakeholder engagement.--The Foundation shall convene, 
     and may consult with, representatives from the Department, 
     institutions of higher education, National Laboratories, the 
     private sector, and commercialization organizations to 
     develop programs for the purpose of the Foundation described 
     in paragraph (3) and to advance the activities of the 
     Foundation.
       (G) Individual laboratory foundations program.--
       (i) Definition of individual laboratory foundation.--In 
     this subparagraph, the term ``Individual Laboratory 
     Foundation'' means a Laboratory Foundation established by a 
     National Laboratory.
       (ii) Support.--The Foundation shall provide support to and 
     collaborate with Individual Laboratory Foundations.
       (iii) Guidelines and templates.--For the purpose of 
     providing support under clause (ii), the Secretary shall 
     establish suggested guidelines and templates for Individual 
     Laboratory Foundations, including--

       (I) a standard adaptable organizational design for the 
     responsible management of an Individual Laboratory 
     Foundation;
       (II) standard and legally tenable bylaws and money-handling 
     procedures for Individual Laboratory Foundations; and
       (III) a standard training curriculum to orient and expand 
     the operating expertise of personnel employed by an 
     Individual Laboratory Foundation.

       (iv) Affiliations.--Nothing in this subparagraph requires--

       (I) an existing Individual Laboratory Foundation to modify 
     current practices or affiliate with the Foundation; or
       (II) an Individual Laboratory Foundation to be bound by 
     charter or corporate bylaws as permanently affiliated with 
     the Foundation.

       (H) Supplemental programs.--The Foundation may carry out 
     supplemental programs--
       (i) to conduct and support forums, meetings, conferences, 
     courses, and training workshops consistent with the purpose 
     of the Foundation described in paragraph (3);
       (ii) to support and encourage the understanding and 
     development of--

       (I) data that promotes the translation of technologies from 
     the research stage, through the development and maturation 
     stage, and ending in the market stage; and
       (II) policies that make regulation more effective and 
     efficient by leveraging the technology translation data 
     described in subclause (I) for the regulation of relevant 
     technology sectors;

       (iii) for writing, editing, printing, publishing, and 
     vending books and other materials relating to research 
     carried out under the Foundation and the Department; and
       (iv) to conduct other activities to carry out and support 
     the purpose of the Foundation described in paragraph (3).
       (I) Evaluations.--The Foundation shall support the 
     development of an evaluation methodology, to be used as part 
     of any program supported by the Foundation, that shall--
       (i) consist of qualitative and quantitative metrics; and
       (ii) include periodic third party evaluation of those 
     programs and other activities of the Foundation.
       (J) Communications.--The Foundation shall develop an 
     expertise in communications to promote the work of grant and 
     fellowship recipients under subparagraph (B), the 
     commercialization successes of the Foundation, opportunities 
     for partnership with the Foundation, and other activities.
       (K) Solicitation and use of funds.--The Foundation may 
     solicit and accept gifts,

[[Page S5993]]

     grants, and other donations, establish accounts, and invest 
     and expend funds in support of the activities and programs of 
     the Foundation.
       (5) Administration.--
       (A) Executive director.--The Board shall hire an Executive 
     Director of the Foundation, who shall serve at the pleasure 
     of the Board.
       (B) Administrative control.--No member of the Board, 
     officer or employee of the Foundation or of any program 
     established by the Foundation, or participant in a program 
     established by the Foundation, shall exercise administrative 
     control over any Federal employee.
       (C) Strategic plan.--Not later than 1 year after the date 
     of enactment of this Act, the Foundation 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 strategic plan that contains--
       (i) a plan for the Foundation to become financially self-
     sustaining in fiscal year 2022 and thereafter (except for the 
     amounts provided each fiscal year under paragraph 
     (12)(A)(iii));
       (ii) a forecast of major crosscutting energy challenge 
     opportunities, including short- and long-term objectives, 
     identified by the Board, with input from communities 
     representing the entities and areas, as applicable, described 
     in paragraph (2)(B)(ii)(II);
       (iii) a description of the efforts that the Foundation will 
     take to be transparent in the processes of the Foundation, 
     including processes relating to--

       (I) grant awards, including selection, review, and 
     notification;
       (II) communication of past, current, and future research 
     priorities; and
       (III) solicitation of and response to public input on the 
     opportunities identified under clause (ii); and

       (iv) a description of the financial goals and benchmarks of 
     the Foundation for the following 10 years.
       (D) Annual report.--Not later than 1 year after the date on 
     which the Foundation is established, and every 2 years 
     thereafter, the Foundation shall submit to the Committee on 
     Energy and Natural Resources of the Senate, the Committee on 
     Science, Space, and Technology of the House of 
     Representatives, and the Secretary a report that, for the 
     year covered by the report--
       (i) describes the activities of the Foundation and the 
     progress of the Foundation in furthering the purpose of the 
     Foundation described in paragraph (3);
       (ii) provides a specific accounting of the source and use 
     of all funds made available to the Foundation to carry out 
     those activities;
       (iii) describes how the results of the activities of the 
     Foundation could be incorporated into the procurement 
     processes of the General Services Administration; and
       (iv) includes a summary of each evaluation conducted using 
     the evaluation methodology described in paragraph (4)(I).
       (E) Evaluation by comptroller general.--Not later than 5 
     years after the date on which the Foundation is established, 
     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--
       (i) an evaluation of--

       (I) the extent to which the Foundation is achieving the 
     mission of the Foundation; and
       (II) the operation of the Foundation; and

       (ii) any recommendations on how the Foundation may be 
     improved.
       (F) Audits.--The Foundation shall--
       (i) provide for annual audits of the financial condition of 
     the Foundation; and
       (ii) make the audits, and all other records, documents, and 
     papers of the Foundation, available to the Secretary and the 
     Comptroller General of the United States for examination or 
     audit.
       (G) Separate fund accounts.--The Board shall ensure that 
     any funds received under paragraph (12)(A) are held in a 
     separate account from any other funds received by the 
     Foundation.
       (H) Integrity.--
       (i) In general.--To ensure integrity in the operations of 
     the Foundation, the Board shall develop and enforce 
     procedures relating to standards of conduct, financial 
     disclosure statements, conflicts of interest (including 
     recusal and waiver rules), audits, and any other matters 
     determined appropriate by the Board.
       (ii) Financial conflicts of interest.--Any individual who 
     is an officer, employee, or member of the Board is prohibited 
     from any participation in deliberations by the Foundation of 
     a matter that would directly or predictably affect any 
     financial interest of--

       (I) the individual;
       (II) a relative (as defined in section 109 of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.)) of that individual; 
     or
       (III) a business organization or other entity in which the 
     individual has an interest, including an organization or 
     other entity with which the individual is negotiating 
     employment.

       (I) Intellectual property.--The Board shall adopt written 
     standards to govern the ownership and licensing of any 
     intellectual property rights developed by the Foundation or 
     derived from the collaborative efforts of the Foundation.
       (J) Liability.--The United States shall not be liable for 
     any debts, defaults, acts, or omissions of the Foundation nor 
     shall the full faith and credit of the United States extend 
     to any obligations of the Foundation.
       (K) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Foundation.
       (6) Department collaboration.--
       (A) National laboratories.--The Secretary shall collaborate 
     with the Foundation to develop a process to ensure 
     collaboration and coordination between the Department, the 
     Foundation, and National Laboratories--
       (i) to streamline contracting processes between National 
     Laboratories and the Foundation, including by--

       (I) streamlining the ability of the Foundation to transfer 
     equipment and funds to National Laboratories;
       (II) standardizing contract mechanisms to be used by the 
     Foundation; and
       (III) streamlining the ability of the Foundation to fund 
     endowed positions at National Laboratories;

       (ii) to allow a National Laboratory or site of a National 
     Laboratory--

       (I) to accept and perform work for the Foundation, 
     consistent with provided resources, notwithstanding any other 
     provision of law governing the administration, mission, use, 
     or operations of the National Laboratory or site, as 
     applicable; and
       (II) to perform that work on a basis equal to other 
     missions at the National Laboratory; and

       (iii) to permit the director of any National Laboratory or 
     site of a National Laboratory to enter into a cooperative 
     research and development agreement or negotiate a licensing 
     agreement with the Foundation pursuant to section 12 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a).
       (B) Department liaisons.--The Secretary shall appoint 
     liaisons from across the Department to collaborate and 
     coordinate with the Foundation.
       (C) Administration.--The Secretary shall leverage 
     appropriate arrangements, contracts, and directives to carry 
     out the process developed under subparagraph (A).
       (7) National security.--Nothing in this section exempts the 
     Foundation from any national security policy of the 
     Department.
       (8) Support services.--The Secretary shall provide 
     facilities, utilities, and support services to the Foundation 
     if it is determined by the Secretary to be advantageous to 
     the research programs of the Department.
       (9) Anti-deficiency act.--Subsection (a)(1) of section 1341 
     of title 31, United States Code (commonly referred to as the 
     ``Anti-Deficiency Act''), shall not apply to any Federal 
     officer or employee carrying out any activity of the 
     Foundation using funds of the Foundation.
       (10) Preemption of authority.--This section shall not 
     preempt any authority or responsibility of the Secretary 
     under any other provision of law.
       (11) Transfer funds.--The Foundation may transfer funds to 
     the Department, which shall be subject to all applicable 
     Federal limitations relating to federally funded research.
       (12) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated--
       (i) to the Secretary, not less than $1,500,000 for fiscal 
     year 2021 to establish the Foundation;
       (ii) to the Foundation, not less than $30,000,000 for 
     fiscal year 2021 to carry out the activities of the 
     Foundation; and
       (iii) to the Foundation, not less than $3,000,000 for 
     fiscal year 2022, and each fiscal year thereafter, for 
     administrative and operational costs.
       (B) Cost share.--Funds made available under subparagraph 
     (A)(ii) shall be required to be cost-shared by a partner of 
     the Foundation other than the Department.
                                 ______
                                 
  SA 2676. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 2657, to support innovation in advanced geothermal 
research and development, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end, add the following:

                TITLE IV--ENERGIZING TECHNOLOGY TRANSFER

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Energizing Technology 
     Transfer Act of 2020''.

     SEC. 4002. DEFINITIONS.

       In this title:
       (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) 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).

     Subtitle A--National Clean Energy Technology Transfer Programs

     SEC. 4101. ENERGY INNOVATION CORPS PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible participant.--The term ``eligible 
     participant'' means--

[[Page S5994]]

       (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 Chief Commercialization Officer appointed 
     under subsection (a)(4) of section 1001 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16391).
       (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. 4102. CLEAN ENERGY TECHNOLOGY TRANSFER COORDINATION.

       (a) In General.--The Secretary, acting through the Chief 
     Commercialization Officer appointed under subsection (a)(4) 
     of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 
     16391), shall support the coordination of relevant technology 
     transfer programs, including programs authorized under this 
     subtitle and section 4202, 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.

      Subtitle B--Technology Development at National Laboratories

     SEC. 4201. 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 Chief Commercialization Officer appointed 
     under subsection (a)(4) of section 1001 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16391).
       (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 each fiscal year shall be used to carry out 
     subsection (g).

     SEC. 4202. 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.

[[Page S5995]]

       (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. 4203. 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 
     Chief Commercialization Officer appointed under section 
     1001(a)(4), 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(f)(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. 4204. 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 subsection 
     (f)(2) of section 1001 of the Energy Policy Act of 2005 (42 
     U.S.C. 16391) 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. 4205. 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

[[Page S5996]]

     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 subsection 
     (f)(2) of section 1001 of the Energy Policy Act of 2005 (42 
     U.S.C. 16391) information on the use of the authority 
     delegated under this section.

             Subtitle C--Department of Energy Modernization

     SEC. 4301. 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 4306.
       (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 subsection (f)(2) of section 1001 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16391) 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. 4302. STREAMLINING PRIZE COMPETITIONS.

       Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
     16396) (as amended by section 1301(f)) is amended--
       (1) by redesignating subsections (e), (f), and (g) as 
     subsections (i), (e), and (f), respectively, and moving those 
     subsections so as to appear in alphabetical order; and
       (2) by inserting after subsection (f) (as so redesignated) 
     the following:
       ``(g) 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.
       ``(h) Report.--The Secretary shall include in the annual 
     report required under section 1001(f)(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. 4303. 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. 4304. 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 subsection 
     (f)(2) of section 1001 of the Energy Policy Act of 2005 (42 
     U.S.C. 16391) 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.

[[Page S5997]]

  


     SEC. 4305. 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. 4306. 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.

                          Subtitle D--Reports

     SEC. 4401. UPDATED TECHNOLOGY TRANSFER EXECUTION PLAN REPORT.

       Subsection (f)(2) of section 1001 of the Energy Policy Act 
     of 2005 (42 U.S.C. 16391) (as redesignated by section 
     1805(a)(4)) 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 (c); 
     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. 4402. 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 4101 and 4202--
       (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. 4403. 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).
                                 ______
                                 
  SA 2677. Mr. PORTMAN (for Mr. Markey (for himself, Mr. Wicker, and 
Mr. Blumenthal)) proposed an amendment to the bill S. 3681, to require 
a joint task force on air travel during and after the COVID-19 Public 
Health Emergency, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ensuring Health Safety in 
     the Skies Act of 2020''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Joint Federal Advisory Committee established under 
     section 4.
       (2) Air travel.--The term ``air travel'' includes 
     international air travel.
       (3) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     first declared on January 31, 2020, by the Secretary of 
     Health and Human Services under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d) with respect to COVID-19 
     and includes any renewal of such declaration pursuant to such 
     section 319.
       (4) Joint task force.--The term ``Joint Task Force'' means 
     the Joint Task Force on Air Travel During and After the 
     COVID-19 Public Health Emergency established under section 
     3(a).

     SEC. 3. JOINT TASK FORCE ON AIR TRAVEL DURING AND AFTER THE 
                   COVID-19 PUBLIC HEALTH EMERGENCY.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Transportation, the 
     Secretary of Homeland Security, and the Secretary of Health 
     and Human Services shall establish the Joint Task Force on 
     Air Travel During and After the COVID-19 Public Health 
     Emergency.
       (b) Duties.--
       (1) In general.--The Joint Task Force shall develop 
     recommended requirements, plans, and guidelines to address 
     the health, safety, security, and logistical issues relating 
     to--
       (A) the continuation of air travel during the COVID-19 
     public health emergency; and
       (B) the resumption of full operations at airports and 
     increased passenger air travel after the COVID-19 public 
     health emergency.
       (2) Recommendations.--The recommendations developed under 
     paragraph (1), with respect to the applicable periods 
     described in paragraph (3), shall include--
       (A) modifying airport, air carrier, security (including 
     passenger security screening), and other operations related 
     to passenger air travel, including passenger queuing, 
     boarding, deplaning, and baggage handling procedures, as a 
     result of--
       (i) current and anticipated changes to passenger air travel 
     during and after the COVID-19 public health emergency; and
       (ii) anticipated changes to passenger air travel resulting 
     from any seasonal recurrence of the coronavirus;
       (B) mitigating the public health and economic impacts of 
     the COVID-19 public health emergency and any seasonal 
     recurrence of the coronavirus on airports and passenger air 
     travel (including through the use of personal protective 
     equipment, the implementation of strategies to promote 
     overall passenger and employee safety, and the accommodation 
     of social distancing as feasible and necessary);
       (C) addressing privacy and civil liberty issues that may 
     arise from passenger health screenings, contact-tracing, or 
     other processes used to monitor the health of individuals 
     engaged in air travel; and
       (D) operating procedures to manage future public health 
     crises that can be anticipated, to the extent such public 
     health crises may impact air travel.
       (3) Applicable periods.--For purposes of paragraph (2), the 
     applicable periods described in this paragraph are the 
     following periods:
       (A) The period beginning on the date of the first meeting 
     of the Joint Task Force and ending on the last day of the 
     COVID-19 public health emergency.
       (B) The 1-year period beginning on the day after the end of 
     the period described in subparagraph (A).
       (c) Activities of the Joint Task Force.--
       (1) In general.--In developing the recommended 
     requirements, plans, and guidelines under subsection (b), and 
     prior to including such recommendations in the final report 
     required under section 5(b), the Joint Task Force shall--
       (A) conduct cost-benefit evaluations regarding such 
     recommendations, including costs impacting air operations and 
     impacts on air travel;
       (B) consider funding constraints;
       (C) use risk-based decision-making; and
       (D) consult with the Advisory Committee established in 
     section 4(a) and consider any consensus policy 
     recommendations of the Advisory Committee submitted under 
     section 4(b).
       (2) International consultation.--The Joint Task Force shall 
     consult, as practicable, with relevant international entities 
     and operators, including the International Civil Aviation 
     Organization, to harmonize (to the extent possible) 
     recommended requirements, plans, and guidelines for air 
     travel during and after the COVID-19 public health emergency.
       (d) Membership.--
       (1) Chair.--The Secretary of Transportation (or the 
     Secretary's designee) shall serve as Chair of the Joint Task 
     Force.
       (2) Vice-chair.--The Secretary of Health and Human Services 
     (or the Secretary's designee) shall serve as Vice-Chair of 
     the Joint Task Force.
       (3) Other members.--In addition to the Chair and Vice-
     Chair, the members of the Joint Task Force shall include 
     representatives of the following:
       (A) The Department of Transportation.
       (B) The Department of Homeland Security.
       (C) The Department of Health and Human Services.
       (D) The Federal Aviation Administration.
       (E) The Transportation Security Administration.

[[Page S5998]]

       (F) U.S. Customs and Border Protection.
       (G) The Centers for Disease Control and Prevention.
       (H) The Occupational Safety and Health Administration.
       (I) The National Institute for Occupational Safety and 
     Health.
       (J) The Pipeline and Hazardous Materials Safety 
     Administration.
       (K) The Department of State.
       (L) The Environmental Protection Agency.

     SEC. 4. JOINT FEDERAL ADVISORY COMMITTEE.

       (a) Establishment.--Not later than 15 days after the date 
     on which the Joint Task Force is established under section 
     3(a), the Secretary of Transportation, in consultation with 
     the Secretary of Homeland Security and the Secretary of 
     Health and Human Services, shall establish a Joint Federal 
     Advisory Committee to advise the Joint Task Force.
       (b) Duties of the Advisory Committee.--The Advisory 
     Committee shall develop and submit consensus policy 
     recommendations to the Joint Task Force for the Joint Task 
     Force to consider when developing recommendations under 
     section 3(b).
       (c) Membership.--The members of the Advisory Committee 
     shall include representatives of the following:
       (1) Airport operators designated by the Secretary of 
     Transportation in consultation with the Secretary of Homeland 
     Security.
       (2) Air carriers designated by the Secretary of 
     Transportation.
       (3) Aircraft and aviation manufacturers designated by the 
     Secretary of Transportation.
       (4) Labor organizations representing--
       (A) aviation industry workers (including pilots, flight 
     attendants, engineers, maintenance, mechanics, air traffic 
     controllers, and safety inspectors) designated by the 
     Secretary of Transportation; and
       (B) security screening personnel designated by the 
     Secretary of Homeland Security.
       (5) Public health experts designated by the Secretary of 
     Health and Human Services.
       (6) Organizations representing airline passengers 
     designated by the Secretary of Transportation.
       (7) Privacy and civil liberty organizations designated by 
     the Secretary of Homeland Security.
       (8) Manufacturers and integrators of passenger screening 
     and identity verification technologies designated by the 
     Secretary of Homeland Security.
       (9) Trade associations representing air carriers (including 
     major passenger air carriers, low-cost passenger air 
     carriers, regional passenger air carriers, cargo air 
     carriers, and foreign passenger air carriers) designated by 
     the Secretary of Transportation in consultation with the 
     Secretary of Homeland Security.
       (10) Trade associations representing airport operators 
     (including large hub, medium hub, small hub, nonhub primary, 
     and nonprimary commercial service airports) designated by the 
     Secretary of Transportation in consultation with the 
     Secretary of Homeland Security.
       (d) Vacancies.--Any vacancy in the membership of the 
     Advisory Committee shall not affect its responsibilities but 
     shall be filled in the same manner as the original 
     appointment and in accordance with the Federal Advisory 
     Committee Act (5 U.S.C. App).
       (e) Prohibition on Compensation.--The members of the 
     Advisory Committee shall not receive any compensation from 
     the Federal Government by reason of their service on the 
     Advisory Committee.
       (f) Publication.--Not later than 14 days after the date on 
     which the Advisory Committee submits policy recommendations 
     to the Joint Task Force pursuant to subsection (b), the 
     Secretary of Transportation shall publish such policy 
     recommendations on a publicly accessible website.

     SEC. 5. BRIEFINGS AND REPORTS.

       (a) Preliminary Briefings.--As soon as practicable, but not 
     later than 6 months after the date on which the Joint Task 
     Force is established under section 3(a), the Joint Task Force 
     shall begin providing preliminary briefings to Congress on 
     the status of the development of the recommended 
     requirements, plan, and guidelines under section 3(b). The 
     preliminary briefings shall include interim versions, if any, 
     of the recommendations of the Joint Task Force.
       (b) Final Report.--
       (1) Deadline.--As soon as practicable, but not later than 
     18 months after the date of enactment of this Act, the Joint 
     Task Force shall submit a final report to Congress.
       (2) Content.--The final report shall include the following:
       (A) All of the recommended requirements, plans, and 
     guidelines developed by the Joint Task Force under section 
     3(b), and a description of any action taken by the Federal 
     Government as a result of such recommendations.
       (B) Consensus policy recommendations submitted by the 
     Advisory Committee under section 4(b), and an explanation 
     (including data and risk analysis) of any action by the Joint 
     Task Force in response to such recommendations.

     SEC. 6. TERMINATION.

       The Joint Task Force and the Advisory Committee shall 
     terminate 30 days after the date on which the Joint Task 
     Force submits the final report required under section 5(b).

                          ____________________