[House Report 117-453]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-453

======================================================================

 
                   ENERGIZING TECHNOLOGY TRANSFER ACT

                                _______
                                

August 19, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 4606]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 4606) to establish programs and 
authorities to facilitate the commercial application of clean 
energy and related technologies in the United States, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill............................................10
 III. Background and Need for the Legislation........................10
  IV. Committee Hearings.............................................11
   V. Committee Consideration and Votes..............................12
  VI. Summary of Major Provisions of the Bill........................12
 VII. Section-By-Section Analysis (By Title and Section).............12
VIII. Cost Estimate..................................................14
  IX. Congressional Budget Office Cost Estimate......................14
   X. Compliance with Public Law 104-4 (Unfunded Mandates)...........14
  XI. Committee Oversight Findings and Recommendations...............14
 XII. Statement on General Performance Goals and Objectives..........15
XIII. Federal Advisory Committee Statement...........................15
 XIV. Duplication of Federal Programs................................15
  XV. Earmark Identification.........................................15
 XVI. Applicability to the Legislative Branch........................15
XVII. Statement on Preemption of State, Local, or Tribal Law.........15
XVIII.Changes in Existing Law Made by the Bill, As Reported..........15

 XIX. Proceedings of Full Committee Markup...........................37

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Energizing 
Technology Transfer Act''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

      TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS

Sec. 101. National clean energy incubator program.
Sec. 102. Clean energy technology university prize competition.
Sec. 103. Clean energy technology transfer coordination.

      TITLE II--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL 
                              LABORATORIES

Sec. 201. Lab partnering service pilot program.
Sec. 202. Lab-embedded entrepreneurship program.
Sec. 203. Small business voucher program.
Sec. 204. Entrepreneurial leave program.
Sec. 205. National laboratory employee outside employment authority.
Sec. 206. Signature authority.

             TITLE III--DEPARTMENT OF ENERGY MODERNIZATION

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

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Clean energy technology.--The term ``clean energy 
        technology'' means a technology that significantly reduces 
        energy use, increases energy efficiency, reduces greenhouse gas 
        emissions, reduces emissions of other pollutants, or mitigates 
        other negative environmental consequences of energy production, 
        transmission or use.
          (2) Department.--The term ``Department'' means the Department 
        of Energy.
          (3) Director.--The term ``Director'' means the Director of 
        each National Laboratory and the Director of each Department of 
        Energy single-purpose research facility.
          (4) Economically distressed area.--The term ``economically 
        distressed area'' has the meaning described in section 301(a) 
        of the Public Works and Economic Development Act of 1965 (42 
        U.S.C. 3161(a)).
          (5) Grant.--The term ``grant'' means a grant award, 
        cooperative agreement award, or any other financial assistance 
        arrangement that the Secretary of Energy determines to be 
        appropriate.
          (6) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given such term in the 
        Higher Education Act of 1965, as amended (20 U.S.C. 1001).
          (7) National laboratory.--The term ``National Laboratory'' 
        has the meaning given that term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.

      TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS

SEC. 101. NATIONAL CLEAN ENERGY INCUBATOR PROGRAM.

  (a) Clean Energy Incubator Defined.--In this section, the term 
``clean energy incubator''--
          (1) means any entity that is designed to accelerate the 
        commercial application of clean energy technologies by 
        providing--
                  (A) physical workspace, labs, and prototyping 
                facilities to support clean energy startups or 
                established clean energy companies; or
                  (B) companies developing such technologies with 
                support, resources, and services, including--
                          (i) access to business education and 
                        counseling;
                          (ii) mentorship opportunities; and
                          (iii) other services rendered for the purpose 
                        of aiding the development and commercial 
                        application of a clean energy technology; and
          (2) may include a program within or established by a National 
        Laboratory, an institution of higher education or a State, 
        local, or tribal government.
  (b) Program Establishment.--Not later than 180 days after the 
enactment of this Act, the Secretary, acting through the Chief 
Commercialization Officer established in section 1001(a) of the Energy 
Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish a Clean Energy 
Incubator Program (herein referred to as the ``program'') to 
competitively award grants to clean energy incubators.
  (c) Clean Energy Incubator Selection.--In awarding grants to clean 
energy incubators under subsection (b), the Secretary shall, to the 
maximum extent practicable, prioritize funding clean energy incubators 
that--
          (1) partner with entities that carry out activities relevant 
        to the activities of such incubator and that operate at the 
        local, State, and regional levels;
          (2) support the commercial application activities of startup 
        companies focused on physical hardware, computational, or 
        integrated hardware and software technologies;
          (3) are located in geographically diverse regions of the 
        United States;
          (4) are located in, or partner with entities located in, 
        economically-distressed areas;
          (5) support the development of entities focused on expanding 
        clean energy tools and technologies to rural, Tribal, and low-
        income communities;
          (6) support the commercial application of technologies being 
        developed by clean energy entrepreneurs from underrepresented 
        backgrounds; and
          (7) have a plan for sustaining activities of the incubator 
        after grant funds received under this program have been 
        expended.
  (d) Award Limits.--The Secretary shall not award more than $4,000,000 
to one or more incubators in one given State, per fiscal year.
  (e) Duration.--Each grant under subsection (b) shall be for a period 
of no longer than 5 years, subject to the availability of 
appropriations.
  (f) Use of Funds.--An entity receiving a grant under this section may 
use grant amounts for operating expenses.
  (g) Renewal.--An award made to a clean energy incubator under this 
section may be renewed for a period of not more than 3 years, subject 
to merit review.
  (h) Evaluation.--In accordance with section 9007 of Division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall submit to the Committee on Science, Space, and 
Technology of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate an evaluation of the program 
established under this section that includes analyses of the 
performance of the clean energy incubators.
  (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $15,000,000 for 
each of fiscal years 2022 through 2026.

SEC. 102. CLEAN ENERGY TECHNOLOGY UNIVERSITY PRIZE COMPETITION.

  (a) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' means a 
        nonprofit entity, an institution of higher education, or an 
        entity working with one or more institutes of higher education.
          (2) Minority-serving institution.--The term ``minority-
        serving institution'' means an institution described in section 
        371(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1067q(a)).
  (b) In General.--The Secretary shall establish a program, known as 
the ``Clean Energy Technology University Prize'', to award funding for 
eligible entities to carry out regional and one national clean energy 
technology prize competitions, under section 24 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3719). In carrying out 
such prize competitions, students shall compete to develop a business 
model for furthering the commercial application of an innovative clean 
energy technology.
  (c) Training Funding.--In carrying out this program, the Secretary 
may provide funding to train participating students in skills needed 
for the successful commercial application of clean energy technologies, 
including through virtual training sessions.
  (d) Prioritization.--In awarding grants under this section, the 
Secretary shall prioritize awarding grants to eligible entities that 
work with students at minority-serving institutions.
  (e) Coordination.--In carrying out this program, the Secretary shall 
coordinate and partner with other clean energy technology prize 
competitions. In doing so, the Secretary may develop and disseminate 
best practices for administering prize competitions under this section.
  (f) Report.--In accordance with section 9007 of Division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall report annually on the progress and implementation of 
the program established under section (b).
  (g) Evaluation.--In accordance with section 9007 of Division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall submit to the Committee on Science, Space, and 
Technology of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate an evaluation on the long-term 
outcomes of the program established under this section and the progress 
towards achieving the purposes of the program in subsection (b).
  (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the activities authorized in 
this section $1,000,000 for each of fiscal years 2022 through 2026.

SEC. 103. CLEAN ENERGY TECHNOLOGY TRANSFER COORDINATION.

  (a) In General.--The Secretary, acting through the Chief 
Commercialization Officer established in section 1001 (a) of the Energy 
Policy Act of 2005 (42 U.S.C. 16391 (a)), shall support the 
coordination of relevant technology transfer programs that advance the 
commercial application of clean energy technologies nationally and 
across all energy sectors. In particular, the Secretary may support 
activities to--
          (1) facilitate the sharing of information on best practices 
        for successful operation of clean energy technology transfer 
        programs;
          (2) coordinate resources and improve cooperation among clean 
        energy technology transfer programs;
          (3) facilitate connections between entrepreneurs and start-up 
        companies and the variety of programs related to clean energy 
        technology transfer under the Department; and
          (4) facilitate the development of metrics to measure the 
        impact of clean energy technology transfer programs on--
                  (A) advancing the development, demonstration, and 
                commercial application of clean energy technologies;
                  (B) increasing the competitiveness of United States 
                in the clean energy sector, including in manufacturing; 
                and
                  (C) commercial application of clean energy 
                technologies being developed by entrepreneurs from 
                under-represented backgrounds.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the activities in this 
section $3,000,000 for each of fiscal years 2022 through 2026.

      TITLE II--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL 
                              LABORATORIES

SEC. 201. LAB PARTNERING SERVICE PILOT PROGRAM.

   Section 9002 of division Z of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) is amended by adding at the end the 
following:
  ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $2,000,000 for each of fiscal years 2022 
through 2024 to carry out subsections (a), (b), and (c), and $1,700,000 
for each of fiscal years 2022 through 2024 for National Laboratory 
employees to provide services under subsection (d).''.

SEC. 202. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM.

  (a) In General.--The Secretary shall competitively award grants to 
National Laboratories for the purpose of establishing or supporting 
Lab-Embedded Entrepreneurship Programs.
  (b) Purposes.--The purposes of such programs are to provide 
entrepreneurial fellows with access to National Laboratory research 
facilities, National Laboratory expertise, and mentorship to perform 
research and development and gain expertise that may be required or 
beneficial for the commercial application of research ideas.
  (c) Entrepreneurial Fellows.--An entrepreneurial fellow participating 
in a program described in subsection (a) shall be provided with--
          (1) opportunities for entrepreneurial training, professional 
        development, and exposure to leaders from academia, industry, 
        government, and finance who may serve as advisors to or 
        partners of the fellow;
          (2) financial and technical support for research, 
        development, and commercial application activities;
          (3) fellowship awards to cover costs of living, health 
        insurance, and travel stipends for the duration of the 
        fellowship; and
          (4) any other resources determined appropriate by the 
        Secretary.
  (d) Program Activities.--Each National Laboratory that receives 
funding under this section shall support entrepreneurial fellows by 
providing--
          (1) access to facilities and expertise within the National 
        Laboratory;
          (2) engagement with external stakeholders; and
          (3) market and customer development opportunities.
  (e) Administration.--National Laboratories that receive grants under 
this section shall prioritize the support and success of the 
entrepreneurial fellow with regards to professional development and 
development of a relevant technology.
  (f) Partnerships.--In carrying out a Lab-Embedded Entrepreneurship 
Program, a National Laboratory may partner with an external entity, 
including--
          (1) a nonprofit organization;
          (2) an institution of higher education;
          (3) a federally-owned corporation; or
          (4) a consortium of 2 or more entities described in 
        paragraphs (1) through (3).
  (g) Metrics.--The Secretary shall support the development of short-
term and long-term metrics to assess the effectiveness of programs 
receiving a grant under subsection (a) in achieving the purposes of the 
program in subsection (a).
  (h) Evaluation.--In accordance with section 9007 of Division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), not later 
than 3 years after the date of the enactment of this Act, and every 3 
years thereafter, the Secretary shall submit to the Committee on 
Science, Space, and Technology of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate an evaluation 
of the effectiveness of the programs under subsection (a) based on the 
metrics developed pursuant to subsection (g).
  (i) Coordination.--The Secretary shall oversee the planning and 
coordination of grants under subsection (a) and shall identify and 
disseminate best practices for achieving the purposes of subsection (a) 
to National Laboratories that receive grants under this section.
  (j) Interagency Collaboration.--The Secretary shall collaborate with 
other executive branch agencies, including the Department of Defense 
and other agencies with Federal laboratories, regarding opportunities 
to partner with National Laboratories receiving a grant under 
subsection (a).
  (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the activities authorized in 
this section $25,000,000 for each of fiscal years 2022 through 2026.

SEC. 203. SMALL BUSINESS VOUCHER PROGRAM.

  Section 1003 of the Energy Policy Act of 2005 (42 U.S.C. 16393) is 
amended--
          (1) in subsection (a)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``, and may require the Director of a single-
                purpose research facility,'' and inserting ``(as 
                defined in section 2) and the Director of each single-
                purpose research facility'';
                  (B) in paragraph (1)--
                          (i) by striking ``increase'' and inserting 
                        ``encourage''; and
                          (ii) by striking ``collaborative research,'' 
                        and inserting ``research, development, 
                        demonstration, and commercial application 
                        activities, including product development,'';
                  (C) in paragraph (2), by striking ``procurement and 
                collaborative research'' and inserting ``the activities 
                described in paragraph (1)'';
                  (D) in paragraph (3)--
                          (i) by inserting ``facilities,'' before 
                        ``training''; and
                          (ii) by striking ``procurement and 
                        collaborative research activities'' and 
                        inserting ``the activities described in 
                        paragraph (1)''; and
                  (E) in paragraph (5), by striking ``for the program 
                under subsection (b)'' and inserting ``and metrics for 
                the programs under subsections (b) and (c)'';
          (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
          (3) by inserting after subsection (b) the following:
  ``(c) Small Business Voucher Program.--
          ``(1) Definitions.--In this subsection:
                  ``(A) Director.--The term `Director' means--
                          ``(i) the Director of each National 
                        Laboratory; and
                          ``(ii) the Director of each single-purpose 
                        research facility.
                  ``(B) National laboratory.--The term `National 
                Laboratory' has the meaning given the term in section 
                2.
                  ``(C) Program.--The term `program' means the program 
                established under paragraph (2).
                  ``(D) Small business concern.--The term `small 
                business concern' has the meaning given such term in 
                section 3 of the Small Business Act (15 U.S.C. 632).
          ``(2) Establishment.--The Secretary, acting through the Chief 
        Commercialization Officer appointed under section 1001(a), and 
        in consultation with the Directors, shall establish a program 
        to provide small business concerns with vouchers under 
        paragraph (3)--
                  ``(A) to achieve the goal described in subsection 
                (a)(1); and
                  ``(B) to improve the products, services, and 
                capabilities of small business concerns in the mission 
                space of the Department.
          ``(3) Vouchers.--Under the program, the Directors are 
        authorized to provide to small business concerns vouchers to be 
        used at National Laboratories and single-purpose research 
        facilities for--
                  ``(A) research, development, demonstration, 
                technology transfer, or commercial application 
                activities; or
                  ``(B) any other activities that the applicable 
                Director determines appropriate.
          ``(4) Expedited approval.--The Secretary, working with the 
        Directors, shall establish a stream-lined approval process for 
        financial assistance agreements signed between--
                  ``(A) small business concerns selected to receive a 
                voucher under the program; and
                  ``(B) the National Laboratories and single-purpose 
                research facilities.
          ``(5) Cost-sharing requirement.--In carrying out the program, 
        the Secretary shall require cost-sharing in accordance with 
        section 988.
          ``(6) Report.--In accordance with section 9007 of division Z 
        of the Consolidated Appropriations Act, 2021 (Public Law 116-
        260), the Secretary shall report annually on the progress and 
        implementation of the small business voucher program 
        established under this section, including the number and 
        locations of small businesses that received grants under this 
        program.''; and
          (4) in subsection (e) (as so redesignated), by striking ``for 
        activities under this section'' and inserting ``for activities 
        under subsection (b)'' and inserting before the period at the 
        end ``and for activities under subsection (c) $25,000,000 for 
        each of fiscal years 2022 through 2026''.

SEC. 204. ENTREPRENEURIAL LEAVE PROGRAM.

  (a) In General.--The Secretary shall delegate to Directors the 
authority to carry out an entrepreneurial leave program (referred to in 
this section as the ``program'') to allow National Laboratory employees 
to take a full leave of absence from their position, with the option to 
return to that or a comparable position up to 3 years later, or a 
partial leave of absence, to advance the commercial application of 
energy and related technologies relevant to the mission of the 
Department.
  (b) Termination Authority.--Directors shall retain the authority to 
terminate National Laboratory employees that participate in the program 
if such employees are found to violate terms prescribed by the National 
Laboratory at which such employee is employed.
  (c) Licensing.--To reduce barriers to participation in the program, 
the Secretary shall delegate to the Directors the requirement to 
establish streamlined mechanisms for facilitating the licensing of 
technology that is the focus of National Laboratory employees who 
participate in the program.
  (d) Report.--In accordance with section 9007 of division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall report annually on the utilization of this authority at 
National Laboratories, including the number of employees who 
participate in this program at each National Laboratory and the number 
of employees who take a permanent leave from their positions at 
National Laboratories as a result of participating in this program.
  (e) Federal Ethics.--Nothing in this section shall affect existing 
Federal ethics rules applicable to Federal personnel.

SEC. 205. NATIONAL LABORATORY EMPLOYEE OUTSIDE EMPLOYMENT AUTHORITY.

  (a) In General.--The Secretary shall delegate to Directors of 
National Laboratories the authority to allow their employees--
          (1) to engage in outside employment, including start-up 
        companies based on licensing technologies developed at National 
        Laboratories and consulting in their areas of expertise, and 
        receive compensation from such entities; and
          (2) to engage in outside activities related to their areas of 
        expertise at the National Laboratory and may allow employees, 
        in their employment capacity at such outside employment, to 
        access the National Laboratories under the same contracting 
        mechanisms as non-Laboratory employees and entities, in 
        accordance with appropriate conflict of interest protocols.
  (b) Requirements.--If a Director elects to use the authority granted 
by subsection (a) of this section, the Director, or their designee, 
shall--
          (1) require employees to disclose to and obtain approval from 
        the Director or their designee prior to engaging in any outside 
        employment;
          (2) develop and require appropriate conflict of interest 
        protocols for employees that engage in outside employment; and
          (3) maintain the authority to terminate employees engaging in 
        outside employment if they are found to violate terms, 
        including conflict of interest protocols, mandated by the 
        Director.
  (c) Additional Restrictions.--Employees engaging in outside 
employment may not--
          (1) allow such activities to interfere with or impede their 
        duties at the National Laboratory;
          (2) engage in activities related to outside employment using 
        National Laboratory government equipment, property, or 
        resources, unless such activities are performed under National 
        Laboratory contracting mechanisms, such as Cooperative Research 
        and Development Agreements or Strategic Partnership Projects, 
        whereby all conflicts of interest requirements apply; or
          (3) use their position at a National Laboratory to provide an 
        unfair competitive advantage to an outside employer or start-up 
        activity.
  (d) Federal Ethics.--Nothing in this section shall affect existing 
Federal ethics rules applicable to Federal personnel.

SEC. 206. SIGNATURE AUTHORITY.

  (a) In General.--Subject to subsections (b) and (c), the Secretary 
shall delegate to Directors of the National Laboratories signature 
authority with respect to any agreement described in subsection (b) the 
total cost of which, including the National Laboratory contributions 
and project recipient cost share, is less than $1,000,000, if such an 
agreement falls within the scope of--
          (1) the strategic plan for the National Laboratory or a 
        master scope of work that has been approved by the Department; 
        or
          (2) the most recent budget approved by Congress for 
        Department activities to be carried out by the National 
        Laboratory.
  (b) Agreements.--Subsection (a) applies to--
          (1) a cooperative research and development agreement;
          (2) a strategic partnership project;
          (3) prize competitions;
          (4) an agreement for commercializing technology; or
          (5) any other agreement determined to be appropriate by the 
        Secretary, in collaboration with the Directors of the National 
        Laboratories.
  (c) Administration.--
          (1) Accountability.--The Director of the affected National 
        Laboratory and the affected contractor shall carry out an 
        agreement under this section in accordance with applicable 
        policies of the Department, including by ensuring that the 
        agreement does not compromise any national security, economic, 
        or environmental interest of the United States.
          (2) Certification.--The Director of the affected National 
        Laboratory and the affected contractor shall certify that each 
        activity carried out under a project for which an agreement is 
        entered into under this section does not present, or minimizes, 
        any apparent conflict of interest, and avoids or neutralizes 
        any actual conflict of interest, as a result of the agreement 
        under this section.
          (3) Availability of records.--Not later than 30 days after 
        the date on which a Director of a National Laboratory enters an 
        agreement under this section, such Director shall submit to the 
        Secretary for monitoring and review all records of the National 
        Laboratory relating to the agreement.
  (d) Approval.--Upon granting the signature authority under in 
subsection (a), the Secretary may not require any additional reviews or 
approvals of draft agreements, statements of work, or other documents 
for agreements that meet the criteria under subsection (a).
  (e) Exception.--This section does not apply to any agreement with a 
foreign-controlled entity or entity under the majority control of any 
foreign entity.
  (f) Report.--In accordance with section 9007 of division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall submit annually information on the number and types of 
agreements signed using the authorities granted under this section.
  (g) Evaluation.--Not later than 3 years after the enactment of this 
Act the Secretary shall submit to the Committee on Science, Space, and 
Technology Committee of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate an evaluation of the 
efficacy of reducing administrative burden for agreements signed using 
the authorities granted under this section.
  (h) Conforming Amendment.--Section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
          (1) in subsection (a)--
                  (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                the subparagraphs appropriately;
                  (B) by striking ``Each Federal agency'' and inserting 
                the following:
          ``(1) In general.--Except as provided in paragraph (2), each 
        Federal agency''; and
                  (C) by adding at the end the following:
          ``(2) Exception.--Notwithstanding paragraph (1), in 
        accordance with section 206 of the Energizing Technology 
        Transfer Act, approval by the Secretary of Energy shall not be 
        required for any agreement proposed to be entered into by a 
        National Laboratory of the Department of Energy, the total cost 
        of which, including the National Laboratory contributions and 
        project recipient cost share, is less than $1,000,000.''; and
          (2) in subsection (b), by striking ``subsection (a)(1)'' each 
        place it appears and inserting ``subsection (a)(1)(A)''.

             TITLE III--DEPARTMENT OF ENERGY MODERNIZATION

SEC. 301. OFFICE OF TECHNOLOGY TRANSITIONS.

  Section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391) is 
amended by adding at the end the following:
          ``(6) Hiring and management.--To carry out the program 
        authorized in this section, the Under Secretary for Science may 
        appoint personnel using the authorities in section 305 of the 
        Energizing Technology Transfer Act.
          ``(7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary to carry out the activities 
        authorized in this section $20,000,000 for each of fiscal years 
        2022 through 2026.''.

SEC. 302. MANAGEMENT OF DEMONSTRATION PROJECTS.

  (a) Management of Department of Energy Demonstration Projects.--The 
Secretary, shall establish a program to conduct project management and 
oversight of demonstration projects that receive or are eligible to 
receive funding from the Department, in coordination with relevant 
staff from Department program offices, including the Office of 
Technology Transitions, the Loan Program Office, and all applied 
program offices. The purposes of this program are to--
          (1) conduct evaluation of demonstration project proposals 
        prior to selection of a project for funding;
          (2) conduct independent oversight of the execution of a 
        demonstration project once funding has been awarded for such 
        project; and
          (3) ensure a balanced portfolio of investments in clean 
        energy technology demonstration projects.
  (b) Demonstration Project Management Employees.--
          (1) Authority.--In carrying out the program under subsection 
        (a), the Under Secretary for Science shall appoint at least 4 
        full time employees to achieve the purposes of the program 
        outlined in subsection (a) in coordination with relevant staff 
        at Department program offices.
          (2) Hiring authority.--To carry out the program authorized in 
        this section, the Under Secretary for Science may hire 
        personnel using the authorities in section 305 of this Act.
  (c) Duties.--In carrying out the program in subsection (a), employees 
under this section shall work with relevant staff from Department 
program offices to--
          (1) evaluate demonstration project proposals, including the 
        scope, technical specifications, maturity of design, funding 
        profile, estimated costs, proposed schedule, proposed technical 
        and financial milestones, and potential for commercial success 
        based on economic and policy projections;
          (2) develop independent cost estimates of demonstration 
        project proposals, when appropriate;
          (3) recommend to the director of a program office whether to 
        fund a demonstration project proposal;
          (4) oversee the execution of the demonstration projects that 
        receive funding from the Department under this section and 
        conduct reviews of ongoing projects, which may include 
        reconciling estimated costs as compared to actual costs and 
        evaluating progress of the project based on the proposed 
        schedule and technical and financial milestones, and provide 
        such reviews to the Secretary; and
          (5) assess lessons learned and implement improvements to 
        evaluate and oversee demonstration projects carried out under 
        this section.
  (d) Additional Authority.--The Secretary may carry out and manage 
demonstration projects directly through the program established in 
subsection (a).
  (e) Project Termination.--Should an ongoing demonstration project 
receive an unfavorable review under subsection (c)(4), the director of 
a Department program office or their designee may cease funding the 
demonstration project and reallocate the remaining funds to new or 
existing demonstration projects carried out by that program office.
  (f) Coordination.--In establishing and carrying out the program, the 
Secretary shall coordinate with project management and acquisition 
management entities within the Department, including the Office of 
Project Management, and relevant professional organizations in project 
management, construction, cost estimation, and other relevant fields.
  (g) Reporting.--In accordance with section 9007 of Division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall report annually on the utilization of the authority 
granted under this section, including--
          (1) a summary of any demonstration projects currently being 
        carried out under this section; and
          (2) the reviews under subsection (c)(4) of any ongoing 
        demonstration projects carried out under this section.
  (h) Evaluation by Comptroller General.--Not later than 3 years after 
the date of the enactment of this Act the Comptroller General shall 
submit to the Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Energy and Natural Resources of 
the Senate an evaluation on the operation of the program established 
under this section, including--
          (1) the processes and procedures used to evaluate 
        demonstration project proposals and oversee demonstration 
        projects that receive funding under this section;
          (2) any recommended changes to the program, including the 
        structure and the processes and procedures used to evaluate and 
        oversee demonstration projects that receive funding under this 
        section; and
          (3) any recommended changes to the structure of this program 
        to improve the success in meeting the program purposes under 
        subsection (a).

SEC. 303. STREAMLINING PRIZE COMPETITIONS.

  (a) Reporting.--Section 1008 of the Energy Policy Act of 2005 (42 
U.S.C. 16396) is amended by adding at the end the following:
  ``(h) Report.--In accordance with section 9007 of Division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260), the 
Secretary shall report annually on a description of any prize 
competitions carried out using the authority under this section, the 
total amount of prizes awarded along with any private sector 
contributions, the methods used for solicitation and evaluation, and a 
description of how each prize competition advanced the mission of the 
Department.''.
  (b) Technical Amendment.--Section 1008 of the Energy Policy Act of 
2005 (42 U.S.C. 16396) is amended by redesignating the second 
subsection (e) (relating to authorization of appropriations) as 
subsection (f).

SEC. 304. COST-SHARE WAIVER EXTENSION.

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

SEC. 305. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, ENGINEERING, AND 
                    PROJECT MANAGEMENT PERSONNEL.

  (a) In General.--The Under Secretary for Science shall have the 
authority to--
          (1) make appointments of not more than 60 scientific, 
        engineering, and professional personnel, without regard to 
        civil service laws, to assist the Department in meeting 
        specific project or research needs;
          (2) fix the basic pay of any employee appointed under this 
        section at a rate to be determined by the Under Secretary at 
        rates not in excess of Level II of the Executive Schedule (EX-
        II) under section 5311 of title 5, United States Code without 
        regard to the civil service laws; and
          (3) pay any employee appointed under this section payments in 
        addition to basic pay, except that the total amount of 
        additional payments paid to an employee under this subsection 
        for any 12-month period shall not exceed the lesser of the 
        following amounts:
                  (A) $25,000.
                  (B) The amount equal to 25 percent of the annual rate 
                of basic pay of that employee.
                  (C) The amount of the limitation that is applicable 
                for a calendar year under section 5307(a)(1) of title 
                5, United States Code.
  (b) Term.--
          (1) In general.--The term of any employee appointed under 
        this section shall not exceed 3 years unless otherwise 
        authorized in law.
          (2) Termination.--The Under Secretary for Science shall have 
        the authority to terminate any employee appointed under this 
        section at any time based on performance or changing project or 
        research needs of the Department.

SEC. 306. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.

  Section 9007 of division Z of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) is amended as follows:
  ``(a) Annual Report.--As part of the updated technology transfer 
execution plan required each year under section 1001(h)(2) of the 
Energy Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of 
Energy (in this section referred to as the `Secretary') shall submit to 
the Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report on the progress and implementation of programs 
established under sections 9001, 9002, 9003, 9004, and 9005 of this Act 
and under sections 102, 203, 204, 205, 206, and 302 of the Energizing 
Technology Transfer Act.
  ``(b) Evaluation.--Not later than 3 years after the enactment of this 
Act and every 3 years thereafter the Secretary shall submit to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate an evaluation on the extent to which programs established 
under sections 9001, 9002, 9003, 9004, and 9005 of this Act and 
sections 101, 102, 103, and 202 of the Energizing Technology Transfer 
Act are achieving success based on relevant short-term and long-term 
metrics.''.

                        II. Purpose of the Bill

    The purpose of the Energizing Technology Transfer Act (H.R. 
4606), sponsored by Rep. Deborah Ross (D-NC) and cosponsored by 
Rep. Peter Meijer (R-MI), is to establish programs and 
authorities to facilitate the commercial application of clean 
energy and related technologies in the United States.

              III. Background and Need for the Legislation

    Investment in innovation is key to ensuring a strong 
economic recovery from crises like the ongoing COVID-19 
pandemic. Innovation is often measured in several intersecting 
ways. For example, the annual Bloomberg Innovation Index relies 
on a combination of factors to calculate a country's level of 
innovation, including patent activity, manufacturing output, 
and density of high-tech companies. While the United States has 
made significant investments in all of these areas, it ranked 
9th globally on the Bloomberg Innovation Index in January 2020.
    Federal programs to improve U.S. innovation can take many 
forms. In April 2019, the National Institute on Standards and 
Technology published a report outlining existing barriers to 
and recommendations for improving American innovation and U.S. 
economic competitiveness. The recommendations included 
supporting entrepreneurship programs at federal R&D agencies, 
enhancing access to federal technologies, facilities, and 
resources, and expanding federal partnership mechanisms. These 
and other technology transfer activities supported by federal 
agencies can help further the commercialization of research 
investments.
    While federal investments in innovation are crucial for the 
commercialization of technologies in a variety of sectors, 
energy technologies face unique obstacles to successful 
commercialization. Such barriers include high up-front capital 
costs, long development times, and the need to displace 
incumbent technologies. Therefore, federal programs dedicated 
to furthering the development of clean energy technologies are 
essential to securing a clean energy future.
    The DOE Office of Technology Transitions (OTT), established 
in 2015, is DOE's primary investment in technology transfer 
activities. The mission of the office is ``to expand the 
commercial impact of the Department of Energy's research and 
development portfolio to advance the economic, energy, and 
national security interests of the Nation''. In 2018, the 
Technology-to-Market program under the Office of Energy 
Efficiency and Renewable Energy was incorporated into OTT, 
making OTT the central office for all matters relating to 
technology transfer and commercialization at DOE.
    DOE national laboratories are home to a wide range of 
innovative discoveries. OTT works with the national 
laboratories to support efforts to commercialize DOE RD&D 
investments by administering several technology transfer 
programs, including the Lab Partnering Service, which provides 
online and interpersonal services to facilitate information 
sharing about national laboratory resources, facilities, 
expertise, and Intellectual Property.
    Previously administered programs under the Technology-to-
Market program include: the National Incubator Initiative for 
Clean Energy (NIICE), which fostered coordination and 
collaboration amongst U.S. clean energy technology incubators 
and is now overseen by the Electric Power Research Institute; 
the Small Business Voucher Program, which enabled small 
businesses to have greater access to DOE national laboratory 
facilities and expertise; and the Clean Technology University 
Prize Competition, which administered a university prize 
competition for clean energy technology business models.

                         IV. Committee Hearings

    Pursuant to House rule XIII, clause 3, the Committee 
designates the following hearings as having been used to 
develop or consider the legislation:
    On July 17, 2020, the Subcommittee on Energy held a 
legislative hearing entitled From Lab to Market: Accelerating 
our Progress Toward Economic Recovery and a Clean Energy 
Future. The hearing examined technology transfer activities at 
the Department of Energy (DOE) and their potential 
contributions to economic recovery from the COVID-19 pandemic. 
It was discussed how the draft Energizing Technology Transfer 
Act would authorize a series of activities for DOE to support 
and administer programs to accelerate the commercialization of 
clean energy and other technologies relevant to the mission of 
DOE, including those developed at the national laboratories, 
and to modernize the management and administration of 
demonstration projects and prize competitions, among other 
activities.

                               WITNESSES

     Ms. Jetta Wong, President, JLW Advising and Former 
Director, Office of Technology Transitions, U.S. Department of 
Energy
     Ms. Jennifer States, Director for Blue Economy, 
DNV GL and Project Director, Washington Maritime Blue
     Ms. Farah Benahmed, Climate and Energy Policy 
Advisor, Third Way
     Dr. Emily Reichert, Chief Executive Officer, 
Greentown Labs
     Dr. Lee Cheatham, Director of Technology 
Deployment and Outreach, Pacific Northwest National Laboratory
    On May 19th, 2021, in a hearing entitled Accelerating 
Discovery: The Future of Scientific Computing at the Department 
of Energy, the Subcommittee on Energy held a legislative 
hearing that examined the scientific computing capabilities 
stewarded by the Office of Science's Advanced Scientific 
Computing Research (ASCR) program. This included technology 
transfer activities, and how to better ensure job creation and 
public-private partnerships.

                               WITNESSES

     Dr. J. Stephen Binkley, Acting Director, Office of 
Science, Department of Energy
     Dr. Georgia Tourassi, Director, National Center 
for Computational Sciences at Oak Ridge National Laboratory
     Dr. Karen Willcox, Director, Oden Institute for 
Computational Engineering and Sciences at The University of 
Texas at Austin
     Dr. Christopher Monroe, Co-Founder and Chief 
Scientist, IonQ, Inc.
     Dr. Seny Kamara, Associate Professor, Brown 
University

                  V. Committee Consideration and Votes

    The Committee on Science, Space, and Technology met to 
consider H.R. 4606 on July 27, 2021.
    Chairwoman Johnson offered an amendment in the nature of a 
substitute to make technical corrections and conforming 
changes. The amendment was agreed to by a voice vote.
    Chairwoman Johnson moved that the Committee favorably 
report the bill, H.R. 4606, as amended, to the House of 
Representatives with the recommendation that the bill be 
approved. The motion was agreed to by a voice vote.

              VI. Summary of Major Provisions of the Bill

    The Energizing Technology Transfer Act (H.R. 4606) would 
authorize a series of activities related to clean energy 
technology commercialization nationally and at the national 
laboratories, as well as reforms for DOE management and 
administration of demonstration projects and prize 
competitions, among other activities.

        VII. Section-by-Section Analysis (by Title and Section)


Sec. 1. Short title; Table of Contents. ``Energizing Technology 
        Transfer Act''

Sec. 2. Definitions

            Title I--National clean energy technology transfer programs
    Sec. 101. National Clean Energy Incubator Program. 
Authorizes a program to support incubators that accelerate the 
commercial application of clean energy technologies by 
providing a physical workspace or support, such as business 
education and mentorship to clean energy technology startups or 
companies. Awards authorized under this section are limited to 
$4 million per state for one or more incubators, for a period 
of no longer than 5 years, with the option for a renewal of not 
more than 3 years.
    Sec. 102. Clean Energy Technology University Prize 
Competition. Authorizes a prize competition for university 
students to develop a business model for furthering the 
commercial application of an innovative clean energy technology 
to encourage student interest in clean energy technology 
development in diverse regions of the U.S. This prioritizes 
funding entities that work with students at minority-serving 
institutions.
    Section 103. Clean Energy Technology Transfer Coordination. 
Authorizes the Secretary of Energy to support the coordination 
of relevant technology transfer programs within the Department 
of Energy. Coordination activities described in this Section 
include information sharing, connecting entrepreneurs and 
startup companies to the variety of programs related to clean 
energy technology transfer under the Department of Energy, and 
the development of metrics to measure the impact of clean 
energy technology transfer programs.
            Title II--Supporting technology development at the National 
                    Laboratories
    Sec. 201. Lab partnering service pilot program. Authorizes 
funds for the Lab Partnering Service Pilot Program as 
authorized in Section 9002 of division Z of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260).
    Sec. 202. Lab-embedded Entrepreneurship Program. Authorizes 
a program to provide entrepreneurial fellows with access to 
national laboratory research facilities, expertise, and 
mentorship to assist with the commercial application of 
research ideas.
    Sec. 203. Small Business Voucher Program. This section 
makes technical changes to Section 1003 of the Energy Policy 
Act of 2005 (42 U.S.C. 16393), which authorizes a program for 
the Secretary of Energy, in consultation with the Directors of 
the National Laboratories, to provide small businesses with 
vouchers to perform research, development, demonstration, 
technology transfer, or commercial application activities at 
the national laboratories.
    Sec. 204. Entrepreneurial Leave Program. Authorizes the 
Secretary of Energy to delegate to the Directors of the 
National Laboratories the authority to carry out an 
entrepreneurial leave program, allowing national laboratory 
employees to take a leave of absence from their employment for 
up to 3 years to advance the commercial application of energy 
and related technologies relevant to the mission of the 
Department of Energy. This section requires the establishment 
of streamlined mechanisms for facilitating the licensing of 
technology that is the focus of an employee who participates in 
this program.
    Sec. 205. National Laboratory Employee Outside Employment 
Authority. Authorizes the Secretary of Energy to delegate to 
the Directors of the National Laboratories the authority to 
allow their employees to engage in outside employment and 
consulting activities.
    Sec. 206. Signature Authority. Directs the Secretary of 
Energy to delegate to the Directors of the National 
Laboratories the authority to approve any agreements signed 
with the national laboratory that costs less than $1 million.
            Title III--Department of Energy modernization
    Sec. 301. Office of Technology Transitions. Amends Section 
1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391) to 
give the Under Secretary for Science the authority to appoint 
personnel using the authorities in section 305 of the 
Energizing Technology Transfer Act and authorizes funds for 
this section and the Office of Technology Transitions as 
authorized in Section 9001 of division Z of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260).
    Sec. 302. Management of Demonstration Projects. Directs the 
Secretary of Energy to establish a program to conduct project 
management and oversight of demonstration projects that receive 
or are eligible to receive funding from the Department of 
Energy. The purposes of the program are to conduct independent 
oversight of the execution of demonstration projects and ensure 
a balanced portfolio of investments in clean energy technology 
demonstration projects, among others.
    Sec. 303. Streamlining Prize Competitions. Amends Section 
1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) to add 
reporting requirements for prize competitions.
    Sec. 304. Cost-Share Waiver Extension. Extends the cost-
share waiver pilot program for non-profit institutions and 
institutions of higher education granted in Section 108 of the 
Department of Energy Research and Innovation Act by 2 years.
    Sec. 305. Special Hiring Authority for Scientific, 
Engineering, and Project Management Personnel. Authorizes the 
Under Secretary for Science to make appointments for 
scientific, engineering, and professional personnel for a term 
of not more than 3 years.
    Sec. 306. Technology Transfer Reports and Evaluation. This 
section updates reporting requirements as authorized in Section 
9007 of division Z of the Consolidated Appropriations Act, 2021 
(Public Law 116-260).

                          VIII. Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

             IX. Congressional Budget Office Cost Estimate

    No CBO report at time of report filing.

                     X. Federal Mandates Statement

    H.R. 4606 contains no unfunded mandates.

          XI. Committee Oversight Findings and Recommendations

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

       XII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, the goals of 
H.R. 4606 are to provide guidance for and investment in the 
research and development activities of the Department of 
Energy.

               XIII. Federal Advisory Committee Statement

    No Federal Advisory Committees created in H.R. 4606.

                  XIV. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 4606 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                       XV. Earmark Identification

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4606 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

              XVI. Applicability to the Legislative Branch

    The Committee finds that H.R. 4606 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

      XVIII. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

SECTION 9002 OF DIVISION Z OF THE CONSOLIDATED APPROPRIATIONS ACT, 2021


SEC. 9002. LAB PARTNERING SERVICE PILOT PROGRAM.

  (a) Pilot Program.--
          (1) In general.--The Secretary of Energy (in this 
        section referred to as the ``Secretary''), acting 
        through the Chief Commercialization Officer established 
        in section 1001(a) of the Energy Policy Act of 2005 (42 
        U.S.C. 16391(a)), shall establish a Lab Partnering 
        Service Pilot Program (hereinafter in this section 
        referred to as the ``pilot program'').
          (2) Purposes.--The purposes of the pilot program are 
        to provide services that encourage and support 
        partnerships between the National Laboratories and 
        public and private sector entities, and to improve 
        communication of research, development, demonstration, 
        and commercial application projects and opportunities 
        at the National Laboratories to potential partners 
        through the development of a website and the provision 
        of services, in collaboration with relevant external 
        entities, and to identify and develop metrics regarding 
        the effectiveness of such partnerships.
          (3) Activities.--In carrying out this pilot program, 
        the Secretary shall--
                  (A) conduct outreach to and engage with 
                relevant public and private entities;
                  (B) identify and disseminate best practices 
                for strengthening connections between the 
                National Laboratories and public and private 
                sector entities; and
                  (C) develop a website to disseminate 
                information on--
                          (i) different partnering mechanisms 
                        for working with the National 
                        Laboratories;
                          (ii) National Laboratory experts and 
                        research areas; and
                          (iii) National Laboratory facilities 
                        and user facilities.
  (b) Metrics.--The Secretary shall support the development of 
metrics, including conversion metrics, to determine the 
effectiveness of the pilot program in achieving the purposes in 
subsection (a) and the number and types of partnerships 
established between public and private sector entities and the 
National Laboratories compared to baseline data.
  (c) Coordination.--In carrying out the activities authorized 
in this section, the Secretary shall coordinate with the 
Directors of (and dedicated technology transfer staff at) the 
National Laboratories, in particular for matchmaking services 
for individual projects, which should be led by the National 
Laboratories.
  (d) Funding Employee Partnering Activities.--The Secretary 
shall delegate to the Directors of each National Laboratory and 
single-purpose research facility of the Department the 
authority to compensate National Laboratory employees providing 
services under this section.
  (e) Duration.--Subject to the availability of appropriations, 
the pilot program established in this section shall operate for 
not less than 3 years and may be built off an existing program.
  (f) Evaluation.--Not later than 6 months after the completion 
of this pilot program, the Secretary shall support the 
evaluation of the success of the pilot program in achieving the 
purposes in subsection (a) and shall submit the evaluation to 
the Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate. The assessment shall include analyses 
of the performance of the pilot program based on the metrics 
developed under subsection (b).
  (g) Definition.--In this section, the term ``National 
Laboratory'' has the meaning given such term in section 2(3) of 
the Energy Policy Act of 2005 (42 U.S.C. 15801(3)).
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary $2,000,000 for each of fiscal 
years 2022 through 2024 to carry out subsections (a), (b), and 
(c), and $1,700,000 for each of fiscal years 2022 through 2024 
for National Laboratory employees to provide services under 
subsection (d).
                              ----------                              


                       ENERGY POLICY ACT OF 2005




           *       *       *       *       *       *       *
TITLE IX--RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *


Subtitle I--Research Administration and Operations

           *       *       *       *       *       *       *


SEC. 988. COST SHARING.

  (a) Applicability.--Notwithstanding any other provision of 
law, in carrying out a research, development, demonstration, or 
commercial application program or activity that is initiated 
after the date of enactment of this section, the Secretary 
shall require cost-sharing in accordance with this section.
  (b) Research and Development.--
          (1) In general.--Except as provided in paragraphs 
        (2), (3), and (4) and subsection (f), the Secretary 
        shall require not less than 20 percent of the cost of a 
        research or development activity described in 
        subsection (a) to be provided by a non-Federal source.
          (2) Exclusion.--Paragraph (1) shall not apply to a 
        research or development activity described in 
        subsection (a) that is of a basic or fundamental 
        nature, as determined by the appropriate officer of the 
        Department.
          (3) Reduction.--The Secretary may reduce or eliminate 
        the requirement of paragraph (1) for a research and 
        development activity of an applied nature if the 
        Secretary determines that the reduction is necessary 
        and appropriate.
          (4) Exemption for institutions of higher education 
        and other nonprofit institutions.--
                  (A) In general.--Paragraph (1) shall not 
                apply to a research or development activity 
                performed by an institution of higher education 
                or nonprofit institution (as defined in section 
                4 of the Stevenson-Wydler Technology Innovation 
                Act of 1980 (15 U.S.C. 3703)).
                  (B) Termination date.--The exemption under 
                subparagraph (A) shall apply during the 2-year 
                period beginning on the date of enactment of 
                [this paragraph] the Energizing Technology 
                Transfer Act.
  (c) Demonstration and Commercial Application.--
          (1) In general.--Except as provided in paragraph (2) 
        and subsection (f), the Secretary shall require that 
        not less than 50 percent of the cost of a demonstration 
        or commercial application activity described in 
        subsection (a) to be provided by a non-Federal source.
          (2) Reduction of non-federal share.--The Secretary 
        may reduce the non-Federal share required under 
        paragraph (1) if the Secretary determines the reduction 
        to be necessary and appropriate, taking into 
        consideration any technological risk relating to the 
        activity.
  (d) Calculation of Amount.--In calculating the amount of a 
non-Federal contribution under this section, the Secretary--
          (1) may include allowable costs in accordance with 
        the applicable cost principles, including--
                  (A) cash;
                  (B) personnel costs;
                  (C) the value of a service, other resource, 
                or third party in-kind contribution determined 
                in accordance with the applicable circular of 
                the Office of Management and Budget;
                  (D) indirect costs or facilities and 
                administrative costs; or
                  (E) any funds received under the power 
                program of the Tennessee Valley Authority 
                (except to the extent that such funds are made 
                available under an annual appropriation Act); 
                and
          (2) shall not include--
                  (A) revenues or royalties from the 
                prospective operation of an activity beyond the 
                time considered in the award;
                  (B) proceeds from the prospective sale of an 
                asset of an activity; or
                  (C) other appropriated Federal funds.
  (e) Repayment of Federal Share.--The Secretary shall not 
require repayment of the Federal share of a cost-shared 
activity under this section as a condition of making an award.
  (f) Exclusions.--This section shall not apply to--
          (1) a cooperative research and development agreement 
        under the Stevenson-Wydler Technology Innovation Act of 
        1980 (15 U.S.C. 3701 et seq.);
          (2) a fee charged for the use of a Department 
        facility; or
          (3) an award under--
                  (A) the small business innovation research 
                program under section 9 of the Small Business 
                Act (15 U.S.C. 638); or
                  (B) the small business technology transfer 
                program under that section.

           *       *       *       *       *       *       *


                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

SEC. 1001. IMPROVED TECHNOLOGY TRANSFER OF ENERGY TECHNOLOGIES.

  (a) Office of Technology Transitions.--
          (1) Establishment.--There is established within the 
        Department an Office of Technology Transitions 
        (referred to in this section as the ``Office'').
          (2) Mission.--The mission of the Office shall be--
                  (A) to expand the commercial impact of the 
                research investments of the Department; and
                  (B) to focus on commercializing technologies 
                that support the missions of the Department, 
                including reducing greenhouse gas emissions and 
                other pollutants.
          (3) Goals.--
                  (A) In general.--In carrying out the mission 
                and activities of the Office, the Chief 
                Commercialization Officer appointed under 
                paragraph (4) shall, with respect to 
                commercialization activities, meet all of the 
                goals described in subparagraph (B).
                  (B) Goals described.--The goals referred to 
                in subparagraph (A) are the following:
                          (i) Reduction of greenhouse gas 
                        emissions and other pollutants.
                          (ii) Ensuring economic 
                        competitiveness.
                          (iii) Enhancement of domestic energy 
                        security and national security.
                          (iv) Enhancement of domestic jobs.
                          (v) Improvement of energy efficiency.
                          (vi) Any other goals to support the 
                        transfer of technology developed by 
                        Department-funded programs to the 
                        private sector, as consistent with 
                        missions of the Department.
          (4) Chief commercialization officer.--
                  (A) In general.--The Office shall be headed 
                by an officer, who shall be known as the 
                ``Chief Commercialization Officer'', and who 
                shall report directly to, and be appointed by, 
                the Secretary.
                  (B) Principal advisor.--The Chief 
                Commercialization Officer shall be the 
                principal advisor to the Secretary on all 
                matters relating to technology transfer and 
                commercialization.
                  (C) Qualifications.--The Chief 
                Commercialization Officer shall be an 
                individual who, by reason of professional 
                background and experience, is specially 
                qualified to advise the Secretary on matters 
                pertaining to technology transfer at the 
                Department.
                  (D) Duties.--The Chief Commercialization 
                Officershall oversee--
                          (i) the activities of the Technology 
                        Transfer Working Group established 
                        under subsection (b);
                          (ii) the expenditure of funds 
                        allocated for technology transfer 
                        within the Department;
                          (iii) the activities of each 
                        technology partnership ombudsman 
                        appointed under section 11 of the 
                        Technology Transfer Commercialization 
                        Act of 2000 (42 U.S.C. 7261c); and
                          (iv) efforts to engage private sector 
                        entities, including venture capital 
                        companies.
          (5) Coordination.--In carrying out the mission and 
        activities of the Office, the Chief Commercialization 
        Officer shall coordinate with the senior leadership of 
        the Department, other relevant program offices of the 
        Department, National Laboratories, the Technology 
        Transfer Working Group established under subsection 
        (b), the Technology Transfer Policy Board, and other 
        stakeholders (including private industry).
          (6) Hiring and management.--To carry out the program 
        authorized in this section, the Under Secretary for 
        Science may appoint personnel using the authorities in 
        section 305 of the Energizing Technology Transfer Act.
          (7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary to carry 
        out the activities authorized in this section 
        $20,000,000 for each of fiscal years 2022 through 2026.
  (b) Technology Transfer Working Group.--The Secretary shall 
establish a Technology Transfer Working Group, which shall 
consist of representatives of the National Laboratories and 
single-purpose research facilities, to--
          (1) coordinate technology transfer activities 
        occurring at National Laboratories and single-purpose 
        research facilities;
          (2) exchange information about technology transfer 
        practices, including alternative approaches to 
        resolution of disputes involving intellectual property 
        rights and other technology transfer matters; and
          (3) develop and disseminate to the public and 
        prospective technology partners information about 
        opportunities and procedures for technology transfer 
        with the Department, including opportunities and 
        procedures related to alternative approaches to 
        resolution of disputes involving intellectual property 
        rights and other technology transfer matters.
  (c) Technology Commercialization Fund.--The Secretary shall 
establish an Energy Technology Commercialization Fund, using 
0.9 percent of the amount made available to the Department for 
applied energy research, development, demonstration, and 
commercial application for each fiscal year based on future 
planned activities and the amount of the appropriations for the 
fiscal year, to be used to provide matching funds with private 
partners to promote promising energy technologies for 
commercial purposes.
  (d) Technology Transfer Responsibility.--Nothing in this 
section affects the technology transfer responsibilities of 
Federal employees under the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
  (e) Technology Commercialization Fund.--
          (1) Establishment.--The Secretary, acting through the 
        Chief Commercialization Officer established in section 
        1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 
        16391(a)), shall establish a Technology 
        Commercialization Fund (hereafter referred to as the 
        ``Fund''), using nine-tenths of one percent of the 
        amount of appropriations made available to the 
        Department for applied energy research, development, 
        demonstration, and commercial application for each 
        fiscal year, to be used to provide, in accordance with 
        the cost-sharing requirements under section 988, funds 
        to private partners, including national laboratories, 
        to promote promising energy technologies for commercial 
        purposes.
          (2) Applications.--
                  (A) Considerations.--The Secretary shall 
                develop criteria for evaluating applications 
                for funding under this section, which may 
                include--
                          (i) the potential that a proposed 
                        technology will result in a 
                        commercially successful product within 
                        a reasonable timeframe; and
                          (ii) the relative maturity of a 
                        proposed technology for commercial 
                        application.
                  (B) Selections.--In awarding funds under this 
                section, the Secretary may give special 
                consideration to applications that involve at 
                least one applicant that has participated in an 
                entrepreneurial or commercialization training 
                program, such as Energy Innovation Corps.
  (f) Annual Report.--The Secretary shall include in the annual 
report required under section 9007(a) of the Energy Act of 
2020--
          (1) description of the projects carried out with 
        awards from the Fund for that fiscal year;
          (2) each project's cost-share for that fiscal year; 
        and
          (3) each project's partners for that fiscal year.
  (g) Technology Commercialization Fund Report.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Energy Act of 2020, the Secretary 
        shall submit to the Committee on Science, Space, and 
        Technology and Committee on Appropriations of the House 
        of Representatives and the Committee on Energy and 
        Natural Resources and Committee on Appropriations of 
        the Senate a report on the current and recommended 
        implementation of the Fund.
          (2) Contents.--The report under subparagraph (A) 
        shall include--
                  (A) a summary, with supporting data, of how 
                much Department program offices contribute to 
                and use the Fund each year, including a list of 
                current funding restrictions;
                  (B) recommendations on how to improve 
                implementation and administration of the Fund; 
                and
                  (C) an analysis on how to spend funds 
                optimally on technology areas that have the 
                greatest need and opportunity for commercial 
                application, rather than spending funds at the 
                programmatic level or under current funding 
                restrictions.
  (f) Planning and Reporting.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        submit to Congress a technology transfer execution 
        plan.
          (2) Updates.--Each year after the submission of the 
        plan under paragraph (1), the Secretary shall submit to 
        Congress an updated execution plan and reports that 
        describe progress toward meeting goals set forth in the 
        execution plan and the funds expended under subsection 
        (c).
  (g) Additional Technology Transfer Programs.--The Secretary 
may develop additional programs to--
          (1) support regional energy innovation systems;
          (2) support clean energy incubators;
          (3) provide small business vouchers;
          (4) provide financial and technical assistance for 
        entrepreneurial fellowships at national laboratories;
          (5) encourage students, energy researchers, and 
        national laboratory employees to develop 
        entrepreneurial skillsets and engage in entrepreneurial 
        opportunities;
          (6) support private companies and individuals in 
        partnering with National Laboratories; and
          (7) further support the mission and goals of the 
        Office.

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SEC. 1003. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

  (a) Small Business Advocate.--The Secretary shall require the 
Director of each National Laboratory[, and may require the 
Director of a single-purpose research facility,] (as defined in 
section 2) and the Director of each single-purpose research 
facility to designate a small business advocate to--
          (1) [increase] encourage the participation of small 
        business concerns, including socially and economically 
        disadvantaged small business concerns (as defined in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4))), in procurement, [collaborative research,] 
        research, development, demonstration, and commercial 
        application activities, including product development, 
        technology licensing, and technology transfer 
        activities conducted by the National Laboratory or 
        single-purpose research facility;
          (2) report to the Director of the National Laboratory 
        or single-purpose research facility on the actual 
        participation of small business concerns in 
        [procurement and collaborative research] the activities 
        described in paragraph (1) along with recommendations, 
        if appropriate, on how to improve participation;
          (3) make available to small business concerns 
        facilities, training, mentoring, and information on how 
        to participate in [procurement and collaborative 
        research activities] the activities described in 
        paragraph (1);
          (4) increase the awareness inside the National 
        Laboratory or single-purpose research facility of the 
        capabilities and opportunities presented by small 
        business concerns; and
          (5) establish guidelines [for the program under 
        subsection (b)] and metrics for the programs under 
        subsections (b) and (c) and report on the effectiveness 
        of the program to the Director of the National 
        Laboratory or single-purpose research facility.
  (b) Establishment of Small Business Assistance Program.--The 
Secretary shall require the Director of each National 
Laboratory, and may require the Director of a single-purpose 
research facility, to establish a program to provide small 
business concerns with--
          (1) assistance directed at making the small business 
        concerns more effective and efficient subcontractors or 
        suppliers to the National Laboratory or single-purpose 
        research facilities; or
          (2) general technical assistance, the cost of which 
        shall not exceed $10,000 per instance of assistance, to 
        improve the products or services of the small business 
        concern.
  (c) Small Business Voucher Program.--
          (1) Definitions.--In this subsection:
                  (A) Director.--The term ``Director'' means--
                          (i) the Director of each National 
                        Laboratory; and
                          (ii) the Director of each single-
                        purpose research facility.
                  (B) National laboratory.--The term ``National 
                Laboratory'' has the meaning given the term in 
                section 2.
                  (C) Program.--The term ``program'' means the 
                program established under paragraph (2).
                  (D) Small business concern.--The term ``small 
                business concern'' has the meaning given such 
                term in section 3 of the Small Business Act (15 
                U.S.C. 632).
          (2) Establishment.--The Secretary, acting through the 
        Chief Commercialization Officer appointed under section 
        1001(a), and in consultation with the Directors, shall 
        establish a program to provide small business concerns 
        with vouchers under paragraph (3)--
                  (A) to achieve the goal described in 
                subsection (a)(1); and
                  (B) to improve the products, services, and 
                capabilities of small business concerns in the 
                mission space of the Department.
          (3) Vouchers.--Under the program, the Directors are 
        authorized to provide to small business concerns 
        vouchers to be used at National Laboratories and 
        single-purpose research facilities for--
                  (A) research, development, demonstration, 
                technology transfer, or commercial application 
                activities; or
                  (B) any other activities that the applicable 
                Director determines appropriate.
          (4) Expedited approval.--The Secretary, working with 
        the Directors, shall establish a stream-lined approval 
        process for financial assistance agreements signed 
        between--
                  (A) small business concerns selected to 
                receive a voucher under the program; and
                  (B) the National Laboratories and single-
                purpose research facilities.
          (5) Cost-sharing requirement.--In carrying out the 
        program, the Secretary shall require cost-sharing in 
        accordance with section 988.
          (6) Report.--In accordance with section 9007 of 
        division Z of the Consolidated Appropriations Act, 2021 
        (Public Law 116-260), the Secretary shall report 
        annually on the progress and implementation of the 
        small business voucher program established under this 
        section, including the number and locations of small 
        businesses that received grants under this program.
  [(c)] (d) Use of Funds.--None of the funds expended under 
subsection (b) may be used for direct grants to small business 
concerns.
  [(d)] (e) Authorization of Appropriations.--There is 
authorized to be appropriated to the Secretary [for activities 
under this section] for activities under subsection (b)  
$5,000,000 for each of fiscal years 2006 through 2008 and for 
activities under subsection (c) $25,000,000 for each of fiscal 
years 2022 through 2026.

           *       *       *       *       *       *       *


SEC. 1008. PRIZES FOR ACHIEVEMENT IN GRAND CHALLENGES OF SCIENCE AND 
                    TECHNOLOGY.

  (a) Authority.--The Secretary may carry out a program to 
award cash prizes in recognition of breakthrough achievements 
in research, development, demonstration, and commercial 
application that have the potential for application to the 
performance of the mission of the Department.
  (b) Competition Requirements.--The program under subsection 
(a) may include prizes for the achievement of goals articulated 
by the Secretary in a specific area through a widely advertised 
solicitation of submission of results for research, 
development, demonstration, or commercial application projects.
  (c) Prizes for Processes and Technologies to Reduce 
Dependence on Imported Oil.--The Secretary, in cooperation with 
the Freedom Prize Foundation, shall support a program of 
awarding prizes, to be known as Freedom Prizes, to encourage 
and recognize the development and deployment of processes and 
technologies that serve to reduce the dependence of the United 
States on imported oil.
  (d) Relationship to Other Authority.--The program under 
subsection (a) may be carried out in conjunction with or in 
addition to the exercise of any other authority of the 
Secretary to acquire, support, or stimulate research, 
development, demonstration, or commercial application projects.
  (e) Coordination.--In carrying out subsection (a), and for 
any prize competitions under section 105 of the America 
Creating Opportunities to Meaningfully Promote Excellence in 
Technology, Education, and Science Reauthorization Act of 2010, 
the Secretary shall--
          (1) issue Department-wide guidance on the design, 
        development, and implementation of prize competitions;
          (2) collect and disseminate best practices on the 
        design and administration of prize competitions;
          (3) streamline contracting mechanisms for the 
        implementation of prize competitions; and
          (4) provide training and prize competition design 
        support, as necessary, to Department staff to develop 
        prize competitions and challenges.
  [(e)] (f) Authorization of Appropriations.--There are 
authorized to be appropriated--
          (1) $10,000,000 to carry out the program under 
        subsection (a); and
          (2) $5,000,000 to carry out the program under 
        subsection (c).
  (g) H-Prize.--
          (1) Prize authority.--
                  (A) In general.--As part of the program under 
                this section, the Secretary shall carry out a 
                program to competitively award cash prizes in 
                conformity with this subsection to advance the 
                research, development, demonstration, and 
                commercial application of hydrogen energy 
                technologies.
                  (B) Advertising and solicitation of 
                competitors.--
                          (i) Advertising.--The Secretary shall 
                        widely advertise prize competitions 
                        under this subsection to encourage 
                        broad participation, including by 
                        individuals, universities (including 
                        historically Black colleges and 
                        universities and other minority serving 
                        institutions), and large and small 
                        businesses (including businesses owned 
                        or controlled by socially and 
                        economically disadvantaged persons).
                          (ii) Announcement through federal 
                        register notice.--The Secretary shall 
                        announce each prize competition under 
                        this subsection by publishing a notice 
                        in the Federal Register. This notice 
                        shall include essential elements of the 
                        competition such as the subject of the 
                        competition, the duration of the 
                        competition, the eligibility 
                        requirements for participation in the 
                        competition, the process for 
                        participants to register for the 
                        competition, the amount of the prize, 
                        and the criteria for awarding the 
                        prize.
                  (C) Administering the competitions.--The 
                Secretary shall enter into an agreement with a 
                private, nonprofit entity to administer the 
                prize competitions under this subsection, 
                subject to the provisions of this subsection 
                (in this subsection referred to as the 
                ``administering entity''). The duties of the 
                administering entity under the agreement shall 
                include--
                          (i) advertising prize competitions 
                        under this subsection and their 
                        results;
                          (ii) raising funds from private 
                        entities and individuals to pay for 
                        administrative costs and to contribute 
                        to cash prizes, including funds 
                        provided in exchange for the right to 
                        name a prize awarded under this 
                        subsection;
                          (iii) developing, in consultation 
                        with and subject to the final approval 
                        of the Secretary, the criteria for 
                        selecting winners in prize competitions 
                        under this subsection, based on goals 
                        provided by the Secretary;
                          (iv) determining, in consultation 
                        with the Secretary, the appropriate 
                        amount and funding sources for each 
                        prize to be awarded under this 
                        subsection, subject to the final 
                        approval of the Secretary with respect 
                        to Federal funding;
                          (v) providing advice and consultation 
                        to the Secretary on the selection of 
                        judges in accordance with paragraph 
                        (2)(D), using criteria developed in 
                        consultation with and subject to the 
                        final approval of the Secretary; and
                          (vi) protecting against the 
                        administering entity's unauthorized use 
                        or disclosure of a registered 
                        participant's trade secrets and 
                        confidential business information. Any 
                        information properly identified as 
                        trade secrets or confidential business 
                        information that is submitted by a 
                        participant as part of a competitive 
                        program under this subsection may be 
                        withheld from public disclosure.
                  (D) Funding sources.--Prizes under this 
                subsection shall consist of Federal 
                appropriated funds and any funds provided by 
                the administering entity (including funds 
                raised pursuant to subparagraph (C)(ii)) for 
                such cash prize programs. The Secretary may 
                accept funds from other Federal agencies for 
                such cash prizes and, notwithstanding section 
                3302(b) of title 31, United States Code, may 
                use such funds for the cash prize program under 
                this subsection. Other than publication of the 
                names of prize sponsors, the Secretary may not 
                give any special consideration to any private 
                sector entity or individual in return for a 
                donation to the Secretary or administering 
                entity.
                  (E) Announcement of prizes.--The Secretary 
                may not issue a notice required by subparagraph 
                (B)(ii) until all the funds needed to pay out 
                the announced amount of the prize have been 
                appropriated or committed in writing by the 
                administering entity. The Secretary may 
                increase the amount of a prize after an initial 
                announcement is made under subparagraph (B)(ii) 
                if--
                          (i) notice of the increase is 
                        provided in the same manner as the 
                        initial notice of the prize; and
                          (ii) the funds needed to pay out the 
                        announced amount of the increase have 
                        been appropriated or committed in 
                        writing by the administering entity.
                  (F) Sunset.--The authority to announce prize 
                competitions under this subsection shall 
                terminate on September 30, 2018.
          (2) Prize categories.--
                  (A) Categories.--The Secretary shall 
                establish prizes under this subsection for--
                          (i) advancements in technologies, 
                        components, or systems related to--
                                  (I) hydrogen production;
                                  (II) hydrogen storage;
                                  (III) hydrogen distribution; 
                                and
                                  (IV) hydrogen utilization;
                          (ii) prototypes of hydrogen-powered 
                        vehicles or other hydrogen-based 
                        products that best meet or exceed 
                        objective performance criteria, such as 
                        completion of a race over a certain 
                        distance or terrain or generation of 
                        energy at certain levels of efficiency; 
                        and
                          (iii) transformational changes in 
                        technologies for the distribution or 
                        production of hydrogen that meet or 
                        exceed far-reaching objective criteria, 
                        which shall include minimal carbon 
                        emissions and which may include cost 
                        criteria designed to facilitate the 
                        eventual market success of a winning 
                        technology.
                  (B) Awards.--
                          (i) Advancements.--To the extent 
                        permitted under paragraph (1)(E), the 
                        prizes authorized under subparagraph 
                        (A)(i) shall be awarded biennially to 
                        the most significant advance made in 
                        each of the four subcategories 
                        described in subclauses (I) through 
                        (IV) of subparagraph (A)(i) since the 
                        submission deadline of the previous 
                        prize competition in the same category 
                        under subparagraph (A)(i) or the date 
                        of enactment of this subsection, 
                        whichever is later, unless no such 
                        advance is significant enough to merit 
                        an award. No one such prize may exceed 
                        $1,000,000. If less than $4,000,000 is 
                        available for a prize competition under 
                        subparagraph (A)(i), the Secretary may 
                        omit one or more subcategories, reduce 
                        the amount of the prizes, or not hold a 
                        prize competition.
                          (ii) Prototypes.--To the extent 
                        permitted under paragraph (1)(E), 
                        prizes authorized under subparagraph 
                        (A)(ii) shall be awarded biennially in 
                        alternate years from the prizes 
                        authorized under subparagraph (A)(i). 
                        The Secretary is authorized to award up 
                        to one prize in this category in each 
                        2-year period. No such prize may exceed 
                        $4,000,000. If no registered 
                        participants meet the objective 
                        performance criteria established 
                        pursuant to subparagraph (C) for a 
                        competition under this clause, the 
                        Secretary shall not award a prize.
                          (iii) Transformational 
                        technologies.--To the extent permitted 
                        under paragraph (1)(E), the Secretary 
                        shall announce one prize competition 
                        authorized under subparagraph (A)(iii) 
                        as soon after the date of enactment of 
                        this subsection as is practicable. A 
                        prize offered under this clause shall 
                        be not less than $10,000,000, paid to 
                        the winner in a lump sum, and an 
                        additional amount paid to the winner as 
                        a match for each dollar of private 
                        funding raised by the winner for the 
                        hydrogen technology beginning on the 
                        date the winner was named. The match 
                        shall be provided for 3 years after the 
                        date the prize winner is named or until 
                        the full amount of the prize has been 
                        paid out, whichever occurs first. A 
                        prize winner may elect to have the 
                        match amount paid to another entity 
                        that is continuing the development of 
                        the winning technology. The Secretary 
                        shall announce the rules for receiving 
                        the match in the notice required by 
                        paragraph (1)(B)(ii). The Secretary 
                        shall award a prize under this clause 
                        only when a registered participant has 
                        met the objective criteria established 
                        for the prize pursuant to subparagraph 
                        (C) and announced pursuant to paragraph 
                        (1)(B)(ii). Not more than $10,000,000 
                        in Federal funds may be used for the 
                        prize award under this clause. The 
                        administering entity shall seek to 
                        raise $40,000,000 toward the matching 
                        award under this clause.
                  (C) Criteria.--In establishing the criteria 
                required by this subsection, the Secretary--
                          (i) shall consult with the 
                        Department's Hydrogen Technical and 
                        Fuel Cell Advisory Committee;
                          (ii) shall consult with other Federal 
                        agencies, including the National 
                        Science Foundation; and
                          (iii) may consult with other experts 
                        such as private organizations, 
                        including professional societies, 
                        industry associations, and the National 
                        Academy of Sciences and the National 
                        Academy of Engineering.
                  (D) Judges.--For each prize competition under 
                this subsection, the Secretary in consultation 
                with the administering entity shall assemble a 
                panel of qualified judges to select the winner 
                or winners on the basis of the criteria 
                established under subparagraph (C). Judges for 
                each prize competition shall include 
                individuals from outside the Department, 
                including from the private sector. A judge, 
                spouse, minor children, and members of the 
                judge's household may not--
                          (i) have personal or financial 
                        interests in, or be an employee, 
                        officer, director, or agent of, any 
                        entity that is a registered participant 
                        in the prize competition for which he 
                        or she will serve as a judge; or
                          (ii) have a familial or financial 
                        relationship with an individual who is 
                        a registered participant in the prize 
                        competition for which he or she will 
                        serve as a judge.
          (3) Eligibility.--To be eligible to win a prize under 
        this subsection, an individual or entity--
                  (A) shall have complied with all the 
                requirements in accordance with the Federal 
                Register notice required under paragraph 
                (1)(B)(ii);
                  (B) in the case of a private entity, shall be 
                incorporated in and maintain a primary place of 
                business in the United States, and in the case 
                of an individual, whether participating singly 
                or in a group, shall be a citizen of, or an 
                alien lawfully admitted for permanent residence 
                in, the United States; and
                  (C) shall not be a Federal entity, a Federal 
                employee acting within the scope of his 
                employment, or an employee of a national 
                laboratory acting within the scope of his 
                employment.
          (4) Intellectual property.--The Federal Government 
        shall not, by virtue of offering or awarding a prize 
        under this subsection, be entitled to any intellectual 
        property rights derived as a consequence of, or direct 
        relation to, the participation by a registered 
        participant in a competition authorized by this 
        subsection. This paragraph shall not be construed to 
        prevent the Federal Government from negotiating a 
        license for the use of intellectual property developed 
        for a prize competition under this subsection.
          (5) Liability.--
                  (A) Waiver of liability.--The Secretary may 
                require registered participants to waive claims 
                against the Federal Government and the 
                administering entity (except claims for willful 
                misconduct) for any injury, death, damage, or 
                loss of property, revenue, or profits arising 
                from the registered participants' participation 
                in a competition under this subsection. The 
                Secretary shall give notice of any waiver 
                required under this subparagraph in the notice 
                required by paragraph (1)(B)(ii). The Secretary 
                may not require a registered participant to 
                waive claims against the administering entity 
                arising out of the unauthorized use or 
                disclosure by the administering entity of the 
                registered participant's trade secrets or 
                confidential business information.
                  (B) Liability insurance.--
                          (i) Requirements.--Registered 
                        participants in a prize competition 
                        under this subsection shall be required 
                        to obtain liability insurance or 
                        demonstrate financial responsibility, 
                        in amounts determined by the Secretary, 
                        for claims by--
                                  (I) a third party for death, 
                                bodily injury, or property 
                                damage or loss resulting from 
                                an activity carried out in 
                                connection with participation 
                                in a competition under this 
                                subsection; and
                                  (II) the Federal Government 
                                for damage or loss to 
                                Government property resulting 
                                from such an activity.
                          (ii) Federal government insured.--The 
                        Federal Government shall be named as an 
                        additional insured under a registered 
                        participant's insurance policy required 
                        under clause (i)(I), and registered 
                        participants shall be required to agree 
                        to indemnify the Federal Government 
                        against third party claims for damages 
                        arising from or related to competition 
                        activities under this subsection.
          (6) Report to congress.--Not later than 60 days after 
        the awarding of the first prize under this subsection, 
        and annually thereafter, the Secretary shall transmit 
        to the Congress a report that--
                  (A) identifies each award recipient;
                  (B) describes the technologies developed by 
                each award recipient; and
                  (C) specifies actions being taken toward 
                commercial application of all technologies with 
                respect to which a prize has been awarded under 
                this subsection.
          (7) Authorization of appropriations.--
                  (A) In general.--
                          (i) Awards.--There are authorized to 
                        be appropriated to the Secretary for 
                        the period encompassing fiscal years 
                        2008 through 2017 for carrying out this 
                        subsection--
                                  (I) $20,000,000 for awards 
                                described in paragraph 
                                (2)(A)(i);
                                  (II) $20,000,000 for awards 
                                described in paragraph 
                                (2)(A)(ii); and
                                  (III) $10,000,000 for the 
                                award described in paragraph 
                                (2)(A)(iii).
                          (ii) Administration.--In addition to 
                        the amounts authorized in clause (i), 
                        there are authorized to be appropriated 
                        to the Secretary for each of fiscal 
                        years 2008 and 2009 $2,000,000 for the 
                        administrative costs of carrying out 
                        this subsection.
                  (B) Carryover of funds.--Funds appropriated 
                for prize awards under this subsection shall 
                remain available until expended, and may be 
                transferred, reprogrammed, or expended for 
                other purposes only after the expiration of 10 
                fiscal years after the fiscal year for which 
                the funds were originally appropriated. No 
                provision in this subsection permits obligation 
                or payment of funds in violation of section 
                1341 of title 31 of the United States Code 
                (commonly referred to as the Anti-Deficiency 
                Act).
          (8) Nonsubstitution.--The programs created under this 
        subsection shall not be considered a substitute for 
        Federal research and development programs.
  (h) Report.--In accordance with section 9007 of Division Z of 
the Consolidated Appropriations Act, 2021 (Public Law 116-260), 
the Secretary shall report annually on a description of any 
prize competitions carried out using the authority under this 
section, the total amount of prizes awarded along with any 
private sector contributions, the methods used for solicitation 
and evaluation, and a description of how each prize competition 
advanced the mission of the Department.

           *       *       *       *       *       *       *

                              ----------                              


           STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980




           *       *       *       *       *       *       *
SEC. 12. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.

  (a) General Authority.--[Each Federal agency]
          (1) In general._Except as provided in paragraph (2), 
        each Federal agency  may permit the director of any of 
        its Government-operated Federal laboratories, and, to 
        the extent provided in an agency-approved joint work 
        statement or, if permitted by the agency, in an agency-
        approved annual strategic plan, contractor-operated 
        laboratories--
                  [(1)] (A) to enter into cooperative research 
                and development agreements on behalf of such 
                agency (subject to subsection (c) of this 
                section) with other Federal agencies; units of 
                State or local government; industrial 
                organizations (including corporations, 
                partnerships, and limited partnerships, and 
                industrial development organizations); public 
                and private foundations; nonprofit 
                organizations (including universities); or 
                other persons (including licensees of 
                inventions owned by the Federal agency); and
                  [(2)] (B) to negotiate licensing agreements 
                under section 207 of title 35, United States 
                Code, or under other authorities (in the case 
                of a Government-owned, contractor-operated 
                laboratory, subject to subsection (c) of this 
                section) for inventions made or other 
                intellectual property developed at the 
                laboratory and other inventions or other 
                intellectual property that may be voluntarily 
                assigned to the Government.
          (2) Exception.--Notwithstanding paragraph (1), in 
        accordance with section 206 of the Energizing 
        Technology Transfer Act, approval by the Secretary of 
        Energy shall not be required for any agreement proposed 
        to be entered into by a National Laboratory of the 
        Department of Energy, the total cost of which, 
        including the National Laboratory contributions and 
        project recipient cost share, is less than $1,000,000.
  (b) Enumerated Authority.--(1) Under an agreement entered 
into pursuant to [subsection (a)(1)] subsection (a)(1)(A), the 
laboratory may grant, or agree to grant in advance, to a 
collaborating party patent licenses or assignments, or options 
thereto, in any invention made in whole or in part by a 
laboratory employee under the agreement, or, subject to section 
209 of title 35, United States Code, may grant a license to an 
invention which is federally owned, for which a patent 
application was filed before the signing of the agreement, and 
directly within the scope of the work under the agreement, for 
reasonable compensation when appropriate. The laboratory shall 
ensure, through such agreement, that the collaborating party 
has the option to choose an exclusive license for a pre-
negotiated field of use for any such invention under the 
agreement or, if there is more than one collaborating party, 
that the collaborating parties are offered the option to hold 
licensing rights that collectively encompass the rights that 
would be held under such an exclusive license by one party. In 
consideration for the Government's contribution under the 
agreement, grants under this paragraph shall be subject to the 
following explicit conditions:
          (A) A nonexclusive, nontransferable, irrevocable, 
        paid-up license from the collaborating party to the 
        laboratory to practice the invention or have the 
        invention practiced throughout the world by or on 
        behalf of the Government. In the exercise of such 
        license, the Government shall not publicly disclose 
        trade secrets or commercial or financial information 
        that is privileged or confidential within the meaning 
        of section 552(b)(4) of title 5, United States Code, or 
        which would be considered as such if it had been 
        obtained from a non-Federal party.
          (B) If a laboratory assigns title or grants an 
        exclusive license to such an invention, the Government 
        shall retain the right--
                  (i) to require the collaborating party to 
                grant to a responsible applicant a 
                nonexclusive, partially exclusive, or exclusive 
                license to use the invention in the applicant's 
                licensed field of use, on terms that are 
                reasonable under the circumstances; or
                  (ii) if the collaborating party fails to 
                grant such a license, to grant the license 
                itself.
          (C) The Government may exercise its right retained 
        under subparagraph (B) only in exceptional 
        circumstances and only if the Government determines 
        that--
                  (i) the action is necessary to meet health or 
                safety needs that are not reasonably satisfied 
                by the collaborating party;
                  (ii) the action is necessary to meet 
                requirements for public use specified by 
                Federal regulations, and such requirements are 
                not reasonably satisfied by the collaborating 
                party; or
                  (iii) the collaborating party has failed to 
                comply with an agreement containing provisions 
                described in subsection (c)(4)(B).
        This determination is subject to administrative appeal 
        and judicial review under section 203(2) of title 35, 
        United States Code.
  (2) Under agreements entered into pursuant to [subsection 
(a)(1)] subsection (a)(1)(A), the laboratory shall ensure that 
a collaborating party may retain title to any invention made 
solely by its employee in exchange for normally granting the 
Government a nonexclusive, nontransferable, irrevocable, paid-
up license to practice the invention or have the invention 
practiced throughout the world by or on behalf of the 
Government for research or other Government purposes.
  (3) Under an agreement entered into pursuant to [subsection 
(a)(1)] subsection (a)(1)(A), a laboratory may--
          (A) accept, retain, and use funds, personnel, 
        services, and property from a collaborating party and 
        provide personnel, services, and property to a 
        collaborating party;
          (B) use funds received from a collaborating party in 
        accordance with subparagraph (A) to hire personnel to 
        carry out the agreement who will not be subject to 
        full-time-equivalent restrictions of the agency;
          (C) to the extent consistent with any applicable 
        agency requirements or standards of conduct, permit an 
        employee or former employee of the laboratory to 
        participate in an effort to commercialize an invention 
        made by the employee or former employee while in the 
        employment or service of the Government; and
          (D) waive, subject to reservation by the Government 
        of a nonexclusive, irrevocable, paid-up license to 
        practice the invention or have the invention practiced 
        throughout the world by or on behalf of the Government, 
        in advance, in whole or in part, any right of ownership 
        which the Federal Government may have to any subject 
        invention made under the agreement by a collaborating 
        party or employee of a collaborating party.
  (4) A collaborating party in an exclusive license in any 
invention made under an agreement entered into pursuant to 
[subsection (a)(1)] subsection (a)(1)(A) shall have the right 
of enforcement under chapter 29 of title 35, United States 
Code.
  (5) A Government-owned, contractor-operated laboratory that 
enters into a cooperative research and development agreement 
pursuant to [subsection (a)(1)] subsection (a)(1)(A) may use or 
obligate royalties or other income accruing to the laboratory 
under such agreement with respect to any invention only--
          (A) for payments to inventors;
          (B) for purposes described in clauses (i), (ii), 
        (iii), and (iv) of section 14(a)(1)(B); and
          (C) for scientific research and development 
        consistent with the research and development missions 
        and objectives of the laboratory.
  (6)(A) In the case of a laboratory that is part of the 
National Nuclear Security Administration, a designated official 
of that Administration may waive any license retained by the 
Government under paragraph (1)(A), (2), or (3)(D), in whole or 
in part and according to negotiated terms and conditions, if 
the designated official finds that the retention of the license 
by the Government would substantially inhibit the 
commercialization of an invention that would otherwise serve an 
important national security mission.
  (B) The authority to grant a waiver under subparagraph (A) 
shall expire on the date that is five years after the date of 
the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001. The expiration under 
the preceding sentence of authority to grant a waiver under 
subparagraph (A) shall not affect any waiver granted under that 
subparagraph before the expiration of such authority.
  (C) Not later than February 15 of each year, the 
Administrator for Nuclear Security shall submit to Congress a 
report on any waivers granted under this paragraph during the 
preceding year.
  (c) Contract Considerations.--(1) A Federal agency may issue 
regulations on suitable procedures for implementing the 
provisions of this section; however, implementation of this 
section shall not be delayed until issuance of such 
regulations.
  (2) The agency in permitting a Federal laboratory to enter 
into agreements under this section shall be guided by the 
purposes of this Act.
  (3)(A) Any agency using the authority given it under 
subsection (a) shall review standards of conduct for its 
employees for resolving potential conflicts of interest to make 
sure they adequately establish guidelines for situations likely 
to arise through the use of this authority, including but not 
limited to cases where present or former employees or their 
partners negotiate licenses or assignments of titles to 
inventions or negotiate cooperative research and development 
agreements with federal agencies (including the agency with 
which the employee involved is or was formerly employed).
  (B) If, in implementing subparagraph (A), an agency is unable 
to resolve potential conflicts of interest within its current 
statutory framework, it shall propose necessary statutory 
changes to be forwarded to its authorizing committees in 
Congress.
  (4) The laboratory director in deciding what cooperative 
research and development agreements to enter into shall--
          (A) give special consideration to small business 
        firms, and consortia involving small business firms; 
        and
          (B) give preference to business units located in the 
        United States which agree that products embodying 
        inventions made under the cooperative research and 
        development agreement or produced through the use of 
        such inventions will be manufactured substantially in 
        the United States and, in the case of any industrial 
        organization or other person subject to the control of 
        a foreign company or government, as appropriate, take 
        into consideration whether or not such foreign 
        government permits United States agencies, 
        organizations, or other persons to enter into 
        cooperative research and development agreements and 
        licensing agreements.
  (5)(A) If the head of the agency or his designee desires an 
opportunity to disapprove or require the modification of any 
such agreement presented by the director of a Government-
operated laboratory, the agreement shall provide a 30-day 
period within which such action must be taken beginning on the 
date the agreement is presented to him or her by the head of 
the laboratory concerned.
  (B) In any case in which the head of an agency or his 
designee disapproves or requires the modification of an 
agreement presented by the director of a Government-operated 
laboratory under this section, the head of the agency or such 
designee shall transmit a written explanation of such 
disapproval or modification to the head of the laboratory 
concerned.
  (C)(i) Any non-Federal entity that operates a laboratory 
pursuant to a contract with a Federal agency shall submit to 
the agency any cooperative research and development agreement 
that the entity proposes to enter into and the joint work 
statement if required with respect to that agreement.
  (ii) A Federal agency that receives a proposed agreement and 
joint work statement under clause (i) shall review and approve, 
request specific modifications to, or disapprove the proposed 
agreement and joint work statement within 30 days after such 
submission. No agreement may be entered into by a Government-
owned, contractor-operated laboratory under this section before 
both approval of the agreement and approval of a joint work 
statement under this clause.
  (iii) In any case in which an agency which has contracted 
with an entity referred to in clause (i) disapproves or 
requests the modification of a cooperative research and 
development agreement or joint work statement submitted under 
that clause, the agency shall transmit a written explanation of 
such disapproval or modification to the head of the laboratory 
concerned.
  (iv) Any agency that has contracted with a non-Federal entity 
to operate a laboratory may develop and provide to such 
laboratory one or more model cooperative research and 
development agreements for purposes of standardizing practices 
and procedures, resolving common legal issues, and enabling 
review of cooperative research and development agreements to be 
carried out in a routine and prompt manner.
  (v) A Federal agency may waive the requirements of clause (i) 
or (ii) under such circumstances as the agency considers 
appropriate.
  (6) Each agency shall maintain a record of all agreements 
entered into under this section.
  (7)(A) No trade secrets or commercial or financial 
information that is privileged or confidential, under the 
meaning of section 552(b)(4) of title 5, United States Code, 
which is obtained in the conduct of research or as a result of 
activities under this Act from a non-Federal party 
participating in a cooperative research and development 
agreement shall be disclosed.
  (B) The director, or in the case of a contractor-operated 
laboratory, the agency, for a period of up to 5 years after 
development of information that results from research and 
development activities conducted under this Act and that would 
be a trade secret or commercial or financial information that 
is privileged or confidential if the information had been 
obtained from a non-Federal party participating in a 
cooperative research and development agreement, may provide 
appropriate protections against the dissemination of such 
information, including exemption from subchapter II of chapter 
5 of title 5, United States Code.
  (d) Definition.--As used in this section--
          (1) the term ``cooperative research and development 
        agreement'' means any agreement between one or more 
        Federal laboratories and one or more non-Federal 
        parties under which the Government, through its 
        laboratories, provides personnel, services, facilities, 
        equipment, intellectual property, or other resources 
        with or without reimbursement (but not funds to non-
        Federal parties) and the non-Federal parties provide 
        funds, personnel, services, facilities, equipment, 
        intellectual property, or other resources toward the 
        conduct of specified research or development efforts 
        which are consistent with the missions of the 
        laboratory; except that such term does not include a 
        procurement contract or cooperative agreement as those 
        terms are used in sections 6303, 6304, and 6305 of 
        title 31, United States Code;
          (2) the term ``laboratory'' means--
                  (A) a facility or group of facilities owned, 
                leased, or otherwise used by a Federal agency, 
                a substantial purpose of which is the 
                performance of research, development, or 
                engineering by employees of the Federal 
                Government;
                  (B) a group of Government-owned, contractor-
                operated facilities (including a weapon 
                production facility of the Department of 
                Energy) under a common contract, when a 
                substantial purpose of the contract is the 
                performance of research and development, or the 
                production, maintenance, testing, or 
                dismantlement of a nuclear weapon or its 
                components, for the Federal Government; and
                  (C) a Government-owned, contractor-operated 
                facility (including a weapon production 
                facility of the Department of Energy) that is 
                not under a common contract described in 
                subparagraph (B), and the primary purpose of 
                which is the performance of research and 
                development, or the production, maintenance, 
                testing, or dismantlement of a nuclear weapon 
                or its components, for the Federal Government,
        but such term does not include any facility covered by 
        Executive Order No. 12344, dated February 1, 1982, 
        pertaining to the naval nuclear propulsion program;
          (3) the term ``joint work statement'' means a 
        proposal prepared for a Federal agency by the director 
        of a Government-owned, contractor-operated laboratory 
        describing the purpose and scope of a proposed 
        cooperative research and development agreement, and 
        assigning rights and responsibilities among the agency, 
        the laboratory, and any other party or parties to the 
        proposed agreement; and
          (4) the term ``weapon production facility of the 
        Department of Energy'' means a facility under the 
        control or jurisdiction of the Secretary of Energy that 
        is operated for national security purposes and is 
        engaged in the production, maintenance, testing, or 
        dismantlement of a nuclear weapon or its components.
  (e) Determination of Laboratory Missions.--For purposes of 
this section, an agency shall make separate determinations of 
the mission or missions of each of its laboratories.
  (f) Relationship to Other Laws.--Nothing in this section is 
intended to limit or diminish existing authorities of any 
agency.
  (g) Principles.--In implementing this section, each agency 
which has contracted with a non-Federal entity to operate a 
laboratory shall be guided by the following principles:
          (1) The implementation shall advance program missions 
        at the laboratory, including any national security 
        mission.
          (2) Classified information and unclassified sensitive 
        information protected by law, regulation, or Executive 
        order shall be appropriately safeguarded.

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            DEPARTMENT OF ENERGY RESEARCH AND INNOVATION ACT




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TITLE I--LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER

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SEC. 108. SHORT-TERM COST-SHARE PILOT PROGRAM.

  (a) In General.--Section 988(b) of the Energy Policy Act of 
2005 (42 U.S.C. 16352(b)) is amended--
          (1) in paragraph (1), by striking ``Except as 
        provided in paragraphs (2) and (3)'' and inserting 
        ``Except as provided in paragraphs (2), (3), and (4)''; 
        and
          (2) by adding at the end the following:
          ``(4) Exemption for institutions of higher education 
        and other nonprofit institutions.--
                  ``(A) In general.--Paragraph (1) shall not 
                apply to a research or development activity 
                performed by an institution of higher education 
                or nonprofit institution (as defined in section 
                4 of the Stevenson-Wydler Technology Innovation 
                Act of 1980 (15 U.S.C. 3703)).
                  ``(B) Termination date.--The exemption under 
                subparagraph (A) shall apply during the 2-year 
                period beginning on the date of enactment of 
                this paragraph.''.
  (b) Reports.--
          (1) Initial report.--As soon as practicable after the 
        date of enactment of [this Act] the Energizing 
        Technology Transfer Act, the Secretary shall submit to 
        the appropriate committees of Congress a report that 
        describes the use of cost-sharing waivers by the 
        Department under section 988(b) of the Energy Policy 
        Act of 2005 (42 U.S.C. 16352(b)) during the 2-year 
        period ending on the date of enactment of [this Act] 
        the Energizing Technology Transfer Act.
          (2) Annual reports.--Annually during the 2-year 
        period beginning on the date of enactment of [this Act] 
        the Energizing Technology Transfer Act, the Secretary 
        shall submit to the appropriate committees of Congress 
        a report that describes the use of cost-sharing waivers 
        by the Department under section 988(b) of the Energy 
        Policy Act of 2005 (42 U.S.C. 16352(b)) during the 
        period covered by the report.

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