[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Pages S5993-S5997]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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--
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(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.
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(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
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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.
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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).
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