II 

116TH CONGRESS 

2D SESSION S. 4725 

To establish programs to facilitate the commercial application of clean energy 

and related technologies in the United States. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2020 

Mr. COONS (for himself and Mr. CASSIDY) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To establish programs to facilitate the commercial application 

of clean energy and related technologies in the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Energizing Technology Transfer Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER 

PROGRAMS 


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Sec. 101. Energy Innovation Corps Program. 

Sec. 102. Clean energy technology transfer coordination. 

TITLE II—TECHNOLOGY DEVELOPMENT AT NATIONAL 

LABORATORIES 

Sec. 201. Lab Partnering Service Pilot Program. 

Sec. 202. Lab-Embedded Entrepreneurship Program. 

Sec. 203. Small business voucher program. 

Sec. 204. Entrepreneurial leave program. 

Sec. 205. Outside employment and activities for National Laboratory employees. 

TITLE III—DEPARTMENT OF ENERGY MODERNIZATION 

Sec. 301. Management of large demonstration projects. 

Sec. 302. Streamlining prize competitions. 

Sec. 303. Extension of other transaction authority. 

Sec. 304. Milestone-based demonstration projects. 

Sec. 305. Cost-sharing. 

Sec. 306. Special hiring authority for scientific, engineering, and project management personnel. 

TITLE IV—REPORTS 

Sec. 401. Updated technology transfer execution plan report. 

Sec. 402. Report on short- and long-term metrics. 

Sec. 403. Report on technology transfer gaps. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CLEAN ENERGY TECHNOLOGY.—The term 

4 ‘‘clean energy technology’’ means a technology that, 

5 as determined by the Secretary, significantly— 

6 (A) reduces energy use; 

7 (B) increases energy efficiency; 

8 (C) reduces greenhouse gas emissions; 

9 (D) reduces emissions of other pollutants; 

10 or 

11 (E) mitigates other negative environmental 

12 consequences. 


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1 (2) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Energy. 

3 (3) INSTITUTION OF HIGHER EDUCATION.—The 

4 term ‘‘institution of higher education’’ has the 

5 meaning given the term in section 101 of the Higher 

6 Education Act of 1965 (20 U.S.C. 1001). 

7 (4) NATIONAL LABORATORY.—The term ‘‘Na8 tional Laboratory’’ has the meaning given the term 

9 in section 2 of the Energy Policy Act of 2005 (42 

10 U.S.C. 15801). 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Energy. 

13 TITLE I—NATIONAL CLEAN EN14 ERGY TECHNOLOGY TRANS15 FER PROGRAMS 

16 SEC. 101. ENERGY INNOVATION CORPS PROGRAM. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ELIGIBLE PARTICIPANT.—The term ‘‘eligi19 ble participant’’ means— 

20 (A) an employee of a National Laboratory; 

21 (B) a researcher; 

22 (C) a student; and 

23 (D) a clean energy entrepreneur, as deter24 mined by the Secretary. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary, acting through the Technology Trans3 fer Coordinator appointed under section 1001(a) of 

4 the Energy Policy Act of 2005 (42 U.S.C. 

5 16391(a)). 

6 (b) ESTABLISHMENT.—The Secretary shall carry out 

7 a program, to be known as the ‘‘Energy Innovation Corps 

8 Program’’ (referred to in this section as ‘‘Energy I– 

9 Corps’’), to support entrepreneurial and commercial appli10 cation education, training, professional development, and 

11 mentorship. 

12 (c) PURPOSES.—The purposes of Energy I–Corps 

13 are— 

14 (1) to help eligible participants develop entre15 preneurial skills; and 

16 (2) to accelerate the commercial application of 

17 clean energy technologies. 

18 (d) ACTIVITIES.—In carrying out Energy I–Corps, 

19 the Secretary shall support, including through grants— 

20 (1) market analysis and customer discovery for 

21 clean energy technologies; 

22 (2) entrepreneurial and commercial application 

23 education, training, and mentoring activities, includ24 ing workshops, seminars, and short courses; 


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1 (3) engagement with private sector entities to 

2 identify future research and development activities; 

3 and 

4 (4) any other activities that the Secretary de5 termines to be relevant to the purposes described in 

6 subsection (c). 

7 (e) STATE AND LOCAL PARTNERSHIPS.—In carrying 

8 out Energy I–Corps, the Secretary may engage in partner9 ships with National Laboratories, State and local govern10 ments, economic development organizations, and nonprofit 

11 organizations to broaden access to Energy I–Corps and 

12 support activities relevant to the purposes described in 

13 subsection (c). 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary to carry 

16 out Energy I–Corps— 

17 (1) for eligible participants described in sub18 section (a)(1)(A), $3,000,000 for each of fiscal years 

19 2021 through 2025; and 

20 (2) for eligible participants described in sub21 paragraphs (B) through (D) of subsection (a)(1), 

22 $3,000,000 for each of fiscal years 2021 through 

23 2025. 


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1 SEC. 102. CLEAN ENERGY TECHNOLOGY TRANSFER CO2 ORDINATION. 

3 (a) IN GENERAL.—The Secretary, acting through the 

4 Technology Transfer Coordinator appointed under section 

5 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 

6 16391(a)), shall support the coordination of relevant tech7 nology transfer programs, including programs authorized 

8 under this title and section 202, that advance the commer9 cial application of clean energy technologies nationally and 

10 across all energy sectors. 

11 (b) ACTIVITIES.—In carrying out subsection (a), the 

12 Secretary may— 

13 (1) facilitate the sharing of information on best 

14 practices for successful operation of clean energy 

15 technology transfer programs; 

16 (2) coordinate resources and improve coopera17 tion among clean energy technology transfer pro18 grams; 

19 (3) organize national platforms or events for 

20 showcasing innovative companies and entrepreneurs 

21 and promoting networking with prospective investors 

22 and partners; 

23 (4) facilitate connections between entrepreneurs 

24 and startup companies and Department programs 

25 related to clean energy technology transfer; and 


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1 (5) facilitate the development of metrics to 

2 measure the impact of clean energy technology 

3 transfer programs on— 

4 (A) advancing the development, demonstra5 tion, and commercial application of clean en6 ergy technologies; 

7 (B) job creation and workforce develop8 ment, including in low-income communities; 

9 (C) increasing the competitiveness of the 

10 United States in the clean energy sector, in11 cluding in manufacturing; and 

12 (D) the advancement of clean energy tech13 nology companies led by entrepreneurs from 

14 underrepresented backgrounds. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary to carry 

17 out this section $3,000,000 for each of fiscal years 2021 

18 through 2025. 

19 TITLE II—TECHNOLOGY DEVEL20 OPMENT AT NATIONAL LAB21 ORATORIES 

22 SEC. 201. LAB PARTNERING SERVICE PILOT PROGRAM. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) PILOT PROGRAM.—The term ‘‘pilot pro2 gram’’ means the Lab Partnering Service Pilot Pro3 gram established under subsection (b). 

4 (2) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary, acting through the Technology Trans6 fer Coordinator appointed under section 1001(a) of 

7 the Energy Policy Act of 2005 (42 U.S.C. 

8 16391(a)). 

9 (b) ESTABLISHMENT.—The Secretary shall establish 

10 a pilot program, to be known as the ‘‘Lab Partnering 

11 Service Pilot Program’’— 

12 (1) to provide services that encourage and sup13 port partnerships between the National Laboratories 

14 and public and private sector entities; and 

15 (2) to improve communication of research, de16 velopment, demonstration, and commercial applica17 tion projects and opportunities at the National Lab18 oratories to potential partners. 

19 (c) EXISTING PROGRAM.—The pilot program may be 

20 established within, or as an expansion of, an existing De21 partment program. 

22 (d) ACTIVITIES.—In carrying out the pilot program, 

23 the Secretary shall— 

24 (1) conduct outreach to and engage with rel25 evant public and private sector entities; 


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1 (2) identify and disseminate best practices for 

2 strengthening connections between the National 

3 Laboratories and public and private sector entities; 

4 and 

5 (3) develop a website to disseminate informa6 tion on— 

7 (A) different partnering mechanisms for 

8 working with the National Laboratories; 

9 (B) National Laboratory experts and re10 search areas; and 

11 (C) National Laboratory facilities and user 

12 facilities. 

13 (e) COORDINATION.—In carrying out the pilot pro14 gram, the Secretary shall coordinate with the Directors 

15 and dedicated technology transfer staff of the National 

16 Laboratories, with a focus on matchmaking services for 

17 individual projects led by the National Laboratories. 

18 (f) METRICS.—The Secretary shall collaborate with 

19 program evaluation experts to develop metrics to deter20 mine— 

21 (1) the effectiveness of the pilot program in 

22 achieving the purposes described in subsection (b); 

23 and 

24 (2) the number and types of partnerships estab25 lished between public and private sector entities and 


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1 the National Laboratories compared to historical 

2 trends. 

3 (g) FUNDING EMPLOYEE PARTNERING ACTIVI4 TIES.—The Secretary shall delegate to the Directors of 

5 the National Laboratories the authority to establish, with6 out regard to title 5, United States Code, or any regula7 tion issued under that title, a mechanism for compen8 sating National Laboratory employees providing services 

9 under the pilot program. 

10 (h) DURATION.—Subject to the availability of appro11 priations, the pilot program shall operate for not less than 

12 3 years. 

13 (i) EVALUATION.—Not later than 180 days after the 

14 date on which the pilot program terminates, the Secretary 

15 shall submit to the Committee on Energy and Natural Re16 sources of the Senate and the Committee on Science, 

17 Space, and Technology of the House of Representatives 

18 a report that— 

19 (1) evaluates the success of the pilot program 

20 in achieving the purposes of the pilot program; and 

21 (2) includes an analysis of the performance of 

22 the pilot program based on the metrics developed 

23 under subsection (f). 

24 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Secretary to carry 


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1 out this section $3,700,000 for each of fiscal years 2021 

2 through 2023, of which $1,700,000 for each fiscal year 

3 shall be used to carry out subsection (g). 

4 SEC. 202. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COVERED PROGRAM.—The term ‘‘covered 

7 program’’ means a lab-embedded entrepreneurship 

8 program established or supported by an eligible enti9 ty using a grant awarded under the program. 

10 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means— 

12 (A) a National Laboratory; 

13 (B) a nonprofit organization; 

14 (C) an institution of higher education; and 

15 (D) a federally owned corporation. 

16 (3) ENTREPRENEURIAL FELLOW.—The term 

17 ‘‘entrepreneurial fellow’’ means an individual partici18 pating in a covered program. 

19 (4) PROGRAM.—The term ‘‘program’’ means 

20 the Lab-Embedded Entrepreneurship Program au21 thorized under subsection (b). 

22 (b) PROGRAM.—The Secretary shall continue the pro23 gram within the Office of Energy Efficiency and Renew24 able Energy known as the ‘‘Lab-Embedded Entrepreneur25 ship Program’’, under which the Secretary, or a designee 


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1 of the Secretary at a National Laboratory, shall award 

2 grants to eligible entities for the purpose of establishing 

3 or supporting a covered program. 

4 (c) PURPOSE.—The purpose of a covered program is 

5 to provide entrepreneurial fellows with access to National 

6 Laboratory research facilities, expertise, and mentor7 ship— 

8 (1) to perform research and development; and 

9 (2) to gain expertise that may be required or 

10 beneficial for the commercial application of research 

11 ideas. 

12 (d) ENTREPRENEURIAL FELLOWS.— 

13 (1) IN GENERAL.—In participating in a covered 

14 program, an entrepreneurial fellow shall be pro15 vided— 

16 (A) by the Secretary or an eligible entity, 

17 with— 

18 (i) opportunities for entrepreneurial 

19 training, professional development, and 

20 networking through exposure to leaders 

21 from academia, industry, government, and 

22 finance, who may serve as advisors to or 

23 partners of an entrepreneurial fellow; 


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1 (ii) financial and technical support for 

2 research, development, and commercial ap3 plication activities; 

4 (iii) fellowship awards to cover costs 

5 of living, health insurance, and travel sti6 pends for the duration of the fellowship; 

7 and 

8 (iv) any other resources determined 

9 appropriate by the Secretary; and 

10 (B) by an eligible entity with— 

11 (i) access to the facilities and exper12 tise of staff of a National Laboratory; 

13 (ii) engagement with external stake14 holders; and 

15 (iii) market and customer develop16 ment opportunities. 

17 (2) PRIORITY.—In carrying out a covered pro18 gram, an eligible entity shall give priority to sup19 porting entrepreneurial fellows with respect to pro20 fessional development and development of a relevant 

21 technology. 

22 (e) METRICS.—The Secretary shall support the devel23 opment of short-term and long-term metrics to assess the 

24 effectiveness of covered programs in achieving the pur25 poses of the program. 


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1 (f) COORDINATION; INTERAGENCY COLLABORA2 TION.—The Secretary shall— 

3 (1) oversee the planning and coordination of 

4 grants awarded under the program; and 

5 (2) collaborate with other Federal agencies, in6 cluding the Department of Defense, regarding op7 portunities for Federal agencies to partner with cov8 ered programs. 

9 (g) BEST PRACTICES.—The Secretary shall identify 

10 and disseminate to eligible entities best practices for 

11 achieving the purposes of the program. 

12 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary to carry 

14 out this section $25,000,000 for each of fiscal years 2021 

15 through 2025. 

16 SEC. 203. SMALL BUSINESS VOUCHER PROGRAM. 

17 Section 1003 of the Energy Policy Act of 2005 (42 

18 U.S.C. 16393) is amended— 

19 (1) in subsection (a)— 

20 (A) by redesignating paragraphs (1) 

21 through (5) as subparagraphs (A) through (E), 

22 respectively, and indenting appropriately; 

23 (B) in the matter preceding subparagraph 

24 (A) (as so redesignated)— 


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1 (i) by striking ‘‘and may require the 

2 Director of a single-purpose research facil3 ity’’ and inserting ‘‘the Director of each 

4 single-purpose research facility, and the 

5 Director of each covered facility’’; and 

6 (ii) by striking ‘‘The Secretary’’ and 

7 inserting the following: 

8 ‘‘(1) DEFINITION OF COVERED FACILITY.—In 

9 this subsection, the term ‘covered facility’ means a 

10 national security laboratory or nuclear weapons pro11 duction facility (as those terms are defined in sec12 tion 4002 of the Atomic Energy Defense Act (50 

13 U.S.C. 2501)) that the Administrator of the Na14 tional Nuclear Security Administration determines is 

15 within the mission of a program established under 

16 subsection (b) or (c). 

17 ‘‘(2) RESPONSIBILITIES.—The Secretary’’; and 

18 (C) in paragraph (2) (as so designated)— 

19 (i) in subparagraph (A) (as so redes20 ignated)— 

21 (I) by striking ‘‘increase’’ and in22 serting ‘‘encourage’’; 

23 (II) by striking ‘‘collaborative re24 search,’’ and inserting ‘‘research, de25 velopment, demonstration, commercial 


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1 application activities, including prod2 uct development,’’; and 

3 (III) by striking ‘‘Laboratory or 

4 single-purpose research facility’’ and 

5 inserting ‘‘Laboratory, single-purpose 

6 research facility, or covered facility, as 

7 applicable’’; 

8 (ii) in subparagraph (B) (as so redes9 ignated)— 

10 (I) by striking ‘‘Laboratory or 

11 single-purpose research facility’’ and 

12 inserting ‘‘Laboratory, single-purpose 

13 research facility, or covered facility, as 

14 applicable,’’; and 

15 (II) by striking ‘‘procurement 

16 and collaborative research along with’’ 

17 and inserting ‘‘the activities described 

18 in subparagraph (A) and’’; 

19 (iii) in subparagraph (C) (as so redes20 ignated)— 

21 (I) by inserting ‘‘facilities,’’ be22 fore ‘‘training’’; and 

23 (II) by striking ‘‘procurement 

24 and collaborative research activities’’ 


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1 and inserting ‘‘the activities described 

2 in subparagraph (A)’’; 

3 (iv) in subparagraph (D) (as so redes4 ignated), by striking ‘‘Laboratory or sin5 gle-purpose research facility’’ and inserting 

6 ‘‘Laboratory, single-purpose research facil7 ity, or covered facility, as applicable,’’; and 

8 (v) in subparagraph (E) (as so redes9 ignated)— 

10 (I) by striking ‘‘for the program 

11 under subsection (b)’’ and inserting 

12 ‘‘and metrics for the programs under 

13 subsections (b) and (c)’’; and 

14 (II) by striking ‘‘Laboratory or 

15 single-purpose research facility’’ and 

16 inserting ‘‘Laboratory, single-purpose 

17 research facility, or covered facility, as 

18 applicable’’; 

19 (2) by redesignating subsections (c) and (d) as 

20 subsections (d) and (e), respectively; 

21 (3) by inserting after subsection (b) the fol22 lowing: 

23 ‘‘(c) SMALL BUSINESS VOUCHER PROGRAM.— 

24 ‘‘(1) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) COVERED FACILITY.—The term ‘cov2 ered facility’ means a national security labora3 tory or nuclear weapons production facility (as 

4 those terms are defined in section 4002 of the 

5 Atomic Energy Defense Act (50 U.S.C. 2501)) 

6 that the Administrator of the National Nuclear 

7 Security Administration determines is within 

8 the mission of the program. 

9 ‘‘(B) DIRECTOR.—The term ‘Director’ 

10 means— 

11 ‘‘(i) the Director of a National Lab12 oratory; 

13 ‘‘(ii) the Director of a single-purpose 

14 research facility; and 

15 ‘‘(iii) the Director of a covered facil16 ity. 

17 ‘‘(C) PROGRAM.—The term ‘program’ 

18 means the program established under para19 graph (2). 

20 ‘‘(2) ESTABLISHMENT.—The Secretary, acting 

21 through the Technology Transfer Coordinator ap22 pointed under section 1001(a), and in consultation 

23 with the Directors, shall establish a program to pro24 vide small business concerns with vouchers— 


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1 ‘‘(A) to achieve the goal described in sub2 section (a)(1)(A); and 

3 ‘‘(B) to improve the products, services, and 

4 capabilities of small business concerns in the 

5 mission space of the Department. 

6 ‘‘(3) VOUCHERS.—Vouchers provided under the 

7 program shall be used at National Laboratories, sin8 gle-purpose research facilities, and covered facilities 

9 for— 

10 ‘‘(A) research, development, demonstra11 tion, technology transfer, or commercial appli12 cation activities; or 

13 ‘‘(B) any other activity that the applicable 

14 Director determines appropriate. 

15 ‘‘(4) EXPEDITED CONTRACTING.—The Sec16 retary, in collaboration with the Directors, shall es17 tablish a streamlined approval process for expedited 

18 contracting between— 

19 ‘‘(A) a small business concern selected to 

20 receive a voucher under the program; and 

21 ‘‘(B) a National Laboratory, single-pur22 pose research facility, or covered facility. 

23 ‘‘(5) COST-SHARING REQUIREMENT.—In car24 rying out the program, the Secretary shall require 

25 cost-sharing in accordance with section 988. 


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1 ‘‘(6) ANNUAL REPORT.—The Secretary shall in2 clude in the annual report required under section 

3 1001(h)(2) a description of the implementation and 

4 progress of the program, including, for the year cov5 ered by the report, the number and locations of 

6 small business concerns that have received vouchers 

7 under the program.’’; and 

8 (4) in subsection (e) (as so redesignated), by 

9 striking ‘‘this section’’ and all that follows through 

10 the period at the end and inserting ‘‘subsection (c) 

11 $25,000,000 for each of fiscal years 2021 through 

12 2025.’’. 

13 SEC. 204. ENTREPRENEURIAL LEAVE PROGRAM. 

14 (a) IN GENERAL.—The Secretary shall delegate to 

15 each Director of a National Laboratory the authority to 

16 carry out an entrepreneurial leave program (referred to 

17 in this section as a ‘‘leave program’’) to allow employees 

18 of the National Laboratory to take, for the purpose of ad19 vancing the commercial application of energy and related 

20 technologies relevant to the mission of the Department, 

21 and notwithstanding any provision of title 5, United 

22 States Code, or any regulation issued under that title— 

23 (1) a full leave of absence, with the option to 

24 return to the same or comparable position not more 


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1 than 3 years after the date on which the full leave 

2 of absence begins; or 

3 (2) a partial leave of absence. 

4 (b) TERMINATION AUTHORITY.—Notwithstanding 

5 any provision of title 5, United States Code, or any regula6 tion issued under that title, each Director of a National 

7 Laboratory may remove any National Laboratory em8 ployee who participates in a leave program if the employee 

9 is found to violate the terms by which that employee is 

10 employed. 

11 (c) LICENSING.—To reduce barriers to participation 

12 in a leave program, the Secretary shall require each Direc13 tor of a National Laboratory to establish streamlined 

14 mechanisms for facilitating the licensing of technology 

15 that is the focus of a National Laboratory employee who 

16 participates in a leave program. 

17 (d) REPORT.—The Secretary shall include in each 

18 updated technology transfer execution plan submitted 

19 under section 1001(h)(2) of the Energy Policy Act of 2005 

20 (42 U.S.C. 16391(h)(2)) information on the implementa21 tion of the leave program, including, for the year covered 

22 by the report— 

23 (1) the number of employees that have partici24 pated in the program at each National Laboratory; 

25 and 


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1 (2) the number of employees that have taken a 

2 permanent leave of absence. 

3 SEC. 205. OUTSIDE EMPLOYMENT AND ACTIVITIES FOR NA4 TIONAL LABORATORY EMPLOYEES. 

5 (a) IN GENERAL.—The Secretary shall delegate to 

6 each Director of a National Laboratory the authority to 

7 allow an employee of that National Laboratory, notwith8 standing any provision of title 5, United States Code, or 

9 any regulation issued under that title— 

10 (1) to engage in and receive compensation for 

11 outside employment, including providing consulting 

12 services, relating to licensing technologies developed 

13 at a National Laboratory or an area of expertise of 

14 the employee at the National Laboratory; 

15 (2) to engage in other outside activities related 

16 to the area of expertise of the employee at the Na17 tional Laboratory; and 

18 (3) in the course of that outside employment or 

19 activity, to access the National Laboratories under 

20 the same contracting mechanisms as nonlaboratory 

21 employees and entities, in accordance with appro22 priate conflict of interest protocols. 

23 (b) REQUIREMENTS.—If a Director of National Lab24 oratory elects to use the authority delegated under sub25 section (a), the Director, or a designee, shall— 


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1 (1) require employees to obtain approval from 

2 the Director or the designee prior to engaging in the 

3 outside employment or activity described in that sub4 section; 

5 (2) develop and require appropriate conflict of 

6 interest protocols for employees that engage in that 

7 outside employment or activity; and 

8 (3) maintain the authority to terminate an em9 ployee engaging in that outside employment or activ10 ity if the employee is found to violate the applicable 

11 terms of employment, including conflict of interest 

12 protocols. 

13 (c) RESTRICTIONS.—An employee of a National Lab14 oratory engaging in outside employment or activity per15 mitted under subsection (a) may not, in the course of or 

16 due to that outside employment or activity— 

17 (1) sacrifice, hamper, or impede the duties of 

18 the employee at the National Laboratory; 

19 (2) use National Laboratory equipment, prop20 erty, or resources unless that use is in accordance 

21 with a National Laboratory contracting mechanism, 

22 such as a cooperative research and development 

23 agreement or a strategic partnership project, under 

24 which all relevant conflict of interest requirements 

25 apply; or 


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1 (3) use the position of the employee at a Na2 tional Laboratory to provide an unfair competitive 

3 advantage to an outside employer or startup activity. 

4 (d) REPORT.—The Secretary shall include in each 

5 updated technology transfer execution plan submitted 

6 under section 1001(h)(2) of the Energy Policy Act of 2005 

7 (42 U.S.C. 16391(h)(2)) information on the use of the au8 thority delegated under this section. 

9 TITLE III—DEPARTMENT OF 

10 ENERGY MODERNIZATION 

11 SEC. 301. MANAGEMENT OF LARGE DEMONSTRATION 

12 PROJECTS. 

13 (a) DEFINITION OF COVERED PROJECT.—In this sec14 tion, the term ‘‘covered project’’ means a Department 

15 demonstration project that receives or is eligible to receive 

16 not less than $50,000,000 in funding from the Depart17 ment. 

18 (b) ESTABLISHMENT.—The Secretary, in coordina19 tion with the heads of relevant Department program of20 fices, shall establish a program to conduct project manage21 ment and oversight of covered projects, including by— 

22 (1) conducting evaluations of covered project 

23 proposals prior to selection of a project for funding; 


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1 (2) conducting independent oversight of the 

2 execution of a covered project after funding has been 

3 awarded for that project; and 

4 (3) ensuring a balanced portfolio of investments 

5 in clean energy technology demonstration projects. 

6 (c) DUTIES.—The head of the program established 

7 under subsection (b), in coordination with the heads of 

8 relevant Department program offices, shall— 

9 (1) evaluate covered project proposals, including 

10 scope, technical specifications, maturity of design, 

11 funding profile, estimated costs, proposed schedule, 

12 proposed technical and financial milestones, and po13 tential for commercial success based on economic 

14 and policy projections; 

15 (2) develop independent cost estimates of cov16 ered project proposals, if appropriate; 

17 (3) recommend to the Director of a program of18 fice whether to fund a covered project proposal, as 

19 appropriate; 

20 (4) oversee the execution of covered projects, in21 cluding reconciling estimated costs compared to ac22 tual costs; 

23 (5) conduct reviews of ongoing covered projects, 

24 including— 


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1 (A) evaluating the progress of a covered 

2 project based on the proposed schedule and 

3 technical and financial milestones; and 

4 (B) providing those evaluations to the Sec5 retary; and 

6 (6) assess lessons learned and implement im7 provements to evaluate and oversee covered projects. 

8 (d) PROJECT TERMINATION.—Notwithstanding any 

9 other provision of law, if a covered project receives an un10 favorable review under subsection (c)(5), the Director of 

11 the Department program office funding that project, or 

12 a designee of that Director, may cease funding the project 

13 and reallocate the remaining funds to a new or existing 

14 covered project carried out by that program office. 

15 (e) EMPLOYEES.—To carry out the program estab16 lished under subsection (b), the Secretary— 

17 (1) shall appoint at least 2 full-time employees; 

18 and 

19 (2) may hire personnel pursuant to section 306. 

20 (f) COORDINATION.—In carrying out the program es21 tablished under subsection (b), the Secretary shall coordi22 nate with— 

23 (1) project management and acquisition man24 agement entities within the Department, including 

25 the Office of Project Management; and 


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1 (2) professional organizations in project man2 agement, construction, cost estimation, and other 

3 relevant fields. 

4 (g) REPORT BY SECRETARY.—The Secretary shall in5 clude in each updated technology transfer execution plan 

6 submitted under section 1001(h)(2) of the Energy Policy 

7 Act of 2005 (42 U.S.C. 16391(h)(2)) information on the 

8 implementation of and progress made under the program 

9 established under subsection (b), including, for the year 

10 covered by the report— 

11 (1) the covered projects under the purview of 

12 the program; and 

13 (2) the review of each covered project under 

14 subsection (c)(5). 

15 (h) REPORT BY COMPTROLLER GENERAL.—Not later 

16 than 3 years after the date of enactment of this Act, the 

17 Comptroller General of the United States shall submit to 

18 the Committee on Energy and Natural Resources of the 

19 Senate and the Committee on Science, Space, and Tech20 nology of the House of Representatives an evaluation of 

21 the operation of the program established under subsection 

22 (b), including— 

23 (1) the processes and procedures used to evalu24 ate covered project proposals and oversee covered 

25 projects; and 


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1 (2) any recommended changes to the program, 

2 including to— 

3 (A) the processes and procedures described 

4 in paragraph (1); and 

5 (B) the structure of the program, for the 

6 purpose of better carrying out the program. 

7 SEC. 302. STREAMLINING PRIZE COMPETITIONS. 

8 Section 1008 of the Energy Policy Act of 2005 (42 

9 U.S.C. 16396) is amended— 

10 (1) by redesignating subsections (e) and (f) as 

11 subsections (g) and (f), respectively, and moving 

12 those subsections so as to appear in alphabetical 

13 order; and 

14 (2) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) COORDINATION.—In carrying out a program 

17 under subsection (a), and for any prize competition car18 ried out under section 24 of the Stevenson-Wydler Tech19 nology Innovation Act of 1980 (15 U.S.C. 3719), the Sec20 retary shall— 

21 ‘‘(1) designate at least 1 full-time employee to 

22 serve as a Department-wide point of contact for the 

23 program or prize competition, as applicable; 


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1 ‘‘(2) issue Department-wide guidance on the de2 sign, development, and implementation of a prize 

3 competition; 

4 ‘‘(3) collect and disseminate best practices on 

5 the design and administration of a prize competition; 

6 ‘‘(4) streamline contracting mechanisms for the 

7 implementation of a prize competition; and 

8 ‘‘(5) provide training and prize competition de9 sign support, as necessary, to Department staff to 

10 develop prize competitions and challenges. 

11 ‘‘(f) REPORT.—The Secretary shall include in the an12 nual report required under section 1001(h)(2) a descrip13 tion of, with respect to the programs carried out under 

14 subsection (a) and prize competitions carried out under 

15 section 24 of the Stevenson-Wydler Technology Innovation 

16 Act of 1980 (15 U.S.C. 3719), for each year covered by 

17 the report— 

18 ‘‘(1) each program and prize competition car19 ried out; 

20 ‘‘(2) the total amount of prizes awarded and 

21 the total amount of private sector contributions, if 

22 applicable; 

23 ‘‘(3) the methods used for solicitation and eval24 uation; and 


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1 ‘‘(4) the manner in which each prize competi2 tion advances the mission of the Department.’’. 

3 SEC. 303. EXTENSION OF OTHER TRANSACTION AUTHOR4 ITY. 

5 Section 646(g)(10) of the Department of Energy Or6 ganization Act (42 U.S.C. 7256(g)(10)) is amended by 

7 striking ‘‘2020’’ and inserting ‘‘2030’’. 

8 SEC. 304. MILESTONE-BASED DEMONSTRATION PROJECTS. 

9 (a) IN GENERAL.—Pursuant to section 646(g) of the 

10 Department of Energy Organization Act (42 U.S.C. 

11 7256(g)), the Secretary shall establish a program under 

12 which the Secretary shall award funds to eligible entities, 

13 as determined by the Secretary, to carry out milestone14 based demonstration projects that require technical and 

15 financial milestones to be met before the eligible entity is 

16 awarded funds. 

17 (b) PROPOSALS.—An eligible entity shall submit to 

18 the Secretary a proposal to carry out a milestone-based 

19 demonstration project at such time, in such manner, and 

20 containing such information as the Secretary may require, 

21 including— 

22 (1) a business plan, which may include a plan 

23 for scalable manufacturing; 

24 (2) a plan for raising private sector investment; 

25 and 


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1 (3) proposed technical and financial milestones, 

2 including estimated project timelines and total costs. 

3 (c) AWARDS.— 

4 (1) IN GENERAL.—The Secretary shall award 

5 funds of a predetermined amount under subsection 

6 (a)— 

7 (A) for projects that successfully meet 

8 project milestones; and 

9 (B) for expenses determined reimbursable 

10 by the Secretary, in accordance with terms ne11 gotiated for the award of funds. 

12 (2) COST RESPONSIBILITY.—An eligible entity 

13 that receives funds under subsection (a) shall be re14 sponsible for the costs of the milestone-based dem15 onstration project until— 

16 (A) the applicable technical and financial 

17 milestones are achieved; or 

18 (B) reimbursable expenses are reviewed 

19 and verified by the Department. 

20 (3) FAILURE TO MEET MILESTONES.—If an eli21 gible entity that receives funds under subsection (a) 

22 does not meet the milestones of the milestone-based 

23 demonstration project, the Secretary or a designee 

24 may cease funding the project and reallocate the reVerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725

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1 maining funds to new or existing milestone-based 

2 demonstration projects. 

3 (d) PROJECT MANAGEMENT.—In carrying out the 

4 program established under subsection (a), including in as5 sessing the completion of milestones in each milestone6 based demonstration project awarded funds under the pro7 gram, the Secretary— 

8 (1) shall consult with experts that represent di9 verse perspectives and professional experiences, in10 cluding experts from the private sector, to ensure a 

11 complete and thorough review; 

12 (2) shall communicate regularly with selected 

13 eligible entities; and 

14 (3) may allow for flexibilities in adjusting the 

15 technical and financial milestones of a milestone16 based demonstration project as the demonstration 

17 project matures. 

18 (e) COST-SHARING.—Each milestone-based dem19 onstration project awarded funds under subsection (a) 

20 shall require cost-sharing in accordance with section 988 

21 of the Energy Policy Act of 2005 (42 U.S.C. 16352). 

22 (f) REPORT.—The Secretary shall include in each up23 dated technology transfer execution plan submitted under 

24 section 1001(h)(2) of the Energy Policy Act of 2005 (42 

25 U.S.C. 16391(h)(2)) information on the implementation 


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1 of and progress made under the program established 

2 under subsection (a), including, for the year covered by 

3 the report, each milestone-based demonstration project 

4 awarded funds under the program. 

5 SEC. 305. COST-SHARING. 

6 (a) TERMINATION DATE EXTENSION FOR INSTITU7 TIONS OF HIGHER EDUCATION AND OTHER NONPROFIT

8 INSTITUTIONS.—Section 988(b)(4)(B) of the Energy Pol9 icy Act of 2005 (42 U.S.C. 16352(b)(4)(B)) is amended 

10 by striking ‘‘this paragraph’’ and inserting ‘‘the Ener11 gizing Technology Transfer Act of 2020’’. 

12 (b) REPORTS.—Section 108(b) of the Department of 

13 Energy Research and Innovation Act (Public Law 115– 

14 246; 132 Stat. 3134) is amended by striking ‘‘this Act’’ 

15 each place it appears and inserting ‘‘the Energizing Tech16 nology Transfer Act of 2020’’. 

17 SEC. 306. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, 

18 ENGINEERING, AND PROJECT MANAGEMENT 

19 PERSONNEL. 

20 (a) IN GENERAL.—Without regard to the civil service 

21 laws, the Secretary may— 

22 (1) make appointments of scientific, engineer23 ing, and professional personnel to assist the Depart24 ment in meeting specific project or research needs; 


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1 (2) fix the basic pay of an employee appointed 

2 under paragraph (1) at a rate to be determined by 

3 the Secretary, but not in excess of the rate of pay 

4 for level II of the Executive Schedule under section 

5 5313 of title 5, United States Code; and 

6 (3) pay an employee appointed under paragraph 

7 (1) payments in addition to basic pay, except that 

8 the total amount of additional payments for any 12- 

9 month period shall not exceed the lesser of— 

10 (A) $25,000; 

11 (B) the amount equal to 25 percent of the 

12 annual rate of basic pay of that employee; and 

13 (C) the amount of the limitation in a cal14 endar year under section 5307(a)(1) of title 5, 

15 United States Code. 

16 (b) TERM.—With respect to an employee appointed 

17 under subsection (a)(1)— 

18 (1) the term of such an employee shall be for 

19 a period that is not longer than 3 years, unless a 

20 longer term is explicitly authorized under law; and 

21 (2) notwithstanding any provision of title 5, 

22 United States Code, or any regulation issued under 

23 that title, the Secretary may remove any such em24 ployee at any time based on— 

25 (A) the performance of the employee; or 


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1 (B) changing project or research needs of 

2 the Department. 

3 TITLE IV—REPORTS 

4 SEC. 401. UPDATED TECHNOLOGY TRANSFER EXECUTION 

5 PLAN REPORT. 

6 Section 1001(h)(2) of the Energy Policy Act of 2005 

7 (42 U.S.C. 16391(h)(2)) is amended by striking ‘‘Con8 gress’’ and all that follows through the period at the end 

9 and inserting the following: ‘‘Congress— 

10 ‘‘(A) an updated execution plan; and 

11 ‘‘(B) a report that, for the year covered by 

12 the report— 

13 ‘‘(i) describes progress toward meet14 ing the goals set forth in the execution 

15 plan; 

16 ‘‘(ii) describes the funds expended 

17 under subsection (e); and 

18 ‘‘(iii) contains any other information 

19 required to be included in the report— 

20 ‘‘(I) under this title; and 

21 ‘‘(II) under the Energizing Tech22 nology Transfer Act of 2020.’’. 

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

24 Not later than 3 years after the date of enactment 

25 of this Act, and every 3 years thereafter, the Secretary 


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1 shall submit to the Committee on Energy and Natural Re2 sources of the Senate and the Committee on Science, 

3 Space, and Technology of the House of Representatives 

4 a report that, with respect to each program established 

5 under sections 101 and 202— 

6 (1) includes an evaluation of the program; and 

7 (2) describes the extent to which the program 

8 is achieving the purposes of the program, based on 

9 relevant short-term and long-term metrics, including 

10 any metrics developed under the program, if applica11 ble. 

12 SEC. 403. REPORT ON TECHNOLOGY TRANSFER GAPS. 

13 Not later than 3 years after the date of enactment 

14 of this Act, the Secretary shall— 

15 (1) seek to enter into an agreement with the 

16 National Academies of Sciences, Engineering, and 

17 Medicine to study existing programmatic gaps in the 

18 commercial application of technologies among Na19 tional Laboratories under programs supported by 

20 the Department; and 

21 (2) submit to the Committee on Energy and 

22 Natural Resources of the Senate and the Committee 

23 on Science, Space, and Technology of the House of 


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1 Representatives a report on the findings of the study 

2 under paragraph (1). 

Æ 


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