[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4606 Reported in House (RH)]
<DOC>
Union Calendar No. 350
117th CONGRESS
2d Session
H. R. 4606
[Report No. 117-453]
To establish programs and authorities to facilitate the commercial
application of clean energy and related technologies in the United
States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2021
Ms. Ross (for herself and Mr. Meijer) introduced the following bill;
which was referred to the Committee on Science, Space, and Technology
August 19, 2022
Additional sponsors: Ms. Bonamici and Mr. Bowman
August 19, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
21, 2021]
_______________________________________________________________________
A BILL
To establish programs and authorities to facilitate the commercial
application of clean energy and related technologies in the United
States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energizing
Technology Transfer Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS
Sec. 101. National clean energy incubator program.
Sec. 102. Clean energy technology university prize competition.
Sec. 103. Clean energy technology transfer coordination.
TITLE II--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL
LABORATORIES
Sec. 201. Lab partnering service pilot program.
Sec. 202. Lab-embedded entrepreneurship program.
Sec. 203. Small business voucher program.
Sec. 204. Entrepreneurial leave program.
Sec. 205. National laboratory employee outside employment authority.
Sec. 206. Signature authority.
TITLE III--DEPARTMENT OF ENERGY MODERNIZATION
Sec. 301. Office of technology transitions.
Sec. 302. Management of demonstration projects.
Sec. 303. Streamlining prize competitions.
Sec. 304. Cost-share waiver extension.
Sec. 305. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 306. Technology transfer reports and evaluation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology that significantly reduces
energy use, increases energy efficiency, reduces greenhouse gas
emissions, reduces emissions of other pollutants, or mitigates
other negative environmental consequences of energy production,
transmission or use.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Director.--The term ``Director'' means the Director of
each National Laboratory and the Director of each Department of
Energy single-purpose research facility.
(4) Economically distressed area.--The term ``economically
distressed area'' has the meaning described in section 301(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(5) Grant.--The term ``grant'' means a grant award,
cooperative agreement award, or any other financial assistance
arrangement that the Secretary of Energy determines to be
appropriate.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in the Higher Education Act of 1965, as amended (20 U.S.C.
1001).
(7) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS
SEC. 101. NATIONAL CLEAN ENERGY INCUBATOR PROGRAM.
(a) Clean Energy Incubator Defined.--In this section, the term
``clean energy incubator''--
(1) means any entity that is designed to accelerate the
commercial application of clean energy technologies by
providing--
(A) physical workspace, labs, and prototyping
facilities to support clean energy startups or
established clean energy companies; or
(B) companies developing such technologies with
support, resources, and services, including--
(i) access to business education and
counseling;
(ii) mentorship opportunities; and
(iii) other services rendered for the
purpose of aiding the development and
commercial application of a clean energy
technology; and
(2) may include a program within or established by a
National Laboratory, an institution of higher education or a
State, local, or tribal government.
(b) Program Establishment.--Not later than 180 days after the
enactment of this Act, the Secretary, acting through the Chief
Commercialization Officer established in section 1001(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish a Clean Energy
Incubator Program (herein referred to as the ``program'') to
competitively award grants to clean energy incubators.
(c) Clean Energy Incubator Selection.--In awarding grants to clean
energy incubators under subsection (b), the Secretary shall, to the
maximum extent practicable, prioritize funding clean energy incubators
that--
(1) partner with entities that carry out activities
relevant to the activities of such incubator and that operate
at the local, State, and regional levels;
(2) support the commercial application activities of
startup companies focused on physical hardware, computational,
or integrated hardware and software technologies;
(3) are located in geographically diverse regions of the
United States;
(4) are located in, or partner with entities located in,
economically-distressed areas;
(5) support the development of entities focused on
expanding clean energy tools and technologies to rural, Tribal,
and low-income communities;
(6) support the commercial application of technologies
being developed by clean energy entrepreneurs from
underrepresented backgrounds; and
(7) have a plan for sustaining activities of the incubator
after grant funds received under this program have been
expended.
(d) Award Limits.--The Secretary shall not award more than
$4,000,000 to one or more incubators in one given State, per fiscal
year.
(e) Duration.--Each grant under subsection (b) shall be for a
period of no longer than 5 years, subject to the availability of
appropriations.
(f) Use of Funds.--An entity receiving a grant under this section
may use grant amounts for operating expenses.
(g) Renewal.--An award made to a clean energy incubator under this
section may be renewed for a period of not more than 3 years, subject
to merit review.
(h) Evaluation.--In accordance with section 9007 of Division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an evaluation of the program
established under this section that includes analyses of the
performance of the clean energy incubators.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $15,000,000 for
each of fiscal years 2022 through 2026.
SEC. 102. CLEAN ENERGY TECHNOLOGY UNIVERSITY PRIZE COMPETITION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
nonprofit entity, an institution of higher education, or an
entity working with one or more institutes of higher education.
(2) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(b) In General.--The Secretary shall establish a program, known as
the ``Clean Energy Technology University Prize'', to award funding for
eligible entities to carry out regional and one national clean energy
technology prize competitions, under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719). In carrying out
such prize competitions, students shall compete to develop a business
model for furthering the commercial application of an innovative clean
energy technology.
(c) Training Funding.--In carrying out this program, the Secretary
may provide funding to train participating students in skills needed
for the successful commercial application of clean energy technologies,
including through virtual training sessions.
(d) Prioritization.--In awarding grants under this section, the
Secretary shall prioritize awarding grants to eligible entities that
work with students at minority-serving institutions.
(e) Coordination.--In carrying out this program, the Secretary
shall coordinate and partner with other clean energy technology prize
competitions. In doing so, the Secretary may develop and disseminate
best practices for administering prize competitions under this section.
(f) Report.--In accordance with section 9007 of Division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall report annually on the progress and implementation of
the program established under section (b).
(g) Evaluation.--In accordance with section 9007 of Division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an evaluation on the long-term
outcomes of the program established under this section and the progress
towards achieving the purposes of the program in subsection (b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities authorized in
this section $1,000,000 for each of fiscal years 2022 through 2026.
SEC. 103. CLEAN ENERGY TECHNOLOGY TRANSFER COORDINATION.
(a) In General.--The Secretary, acting through the Chief
Commercialization Officer established in section 1001 (a) of the Energy
Policy Act of 2005 (42 U.S.C. 16391 (a)), shall support the
coordination of relevant technology transfer programs that advance the
commercial application of clean energy technologies nationally and
across all energy sectors. In particular, the Secretary may support
activities to--
(1) facilitate the sharing of information on best practices
for successful operation of clean energy technology transfer
programs;
(2) coordinate resources and improve cooperation among
clean energy technology transfer programs;
(3) facilitate connections between entrepreneurs and start-
up companies and the variety of programs related to clean
energy technology transfer under the Department; and
(4) facilitate the development of metrics to measure the
impact of clean energy technology transfer programs on--
(A) advancing the development, demonstration, and
commercial application of clean energy technologies;
(B) increasing the competitiveness of United States
in the clean energy sector, including in manufacturing;
and
(C) commercial application of clean energy
technologies being developed by entrepreneurs from
under-represented backgrounds.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities in this
section $3,000,000 for each of fiscal years 2022 through 2026.
TITLE II--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL
LABORATORIES
SEC. 201. LAB PARTNERING SERVICE PILOT PROGRAM.
Section 9002 of division Z of the Consolidated Appropriations Act,
2021 (Public Law 116-260) is amended by adding at the end the
following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $2,000,000 for each of fiscal years 2022
through 2024 to carry out subsections (a), (b), and (c), and $1,700,000
for each of fiscal years 2022 through 2024 for National Laboratory
employees to provide services under subsection (d).''.
SEC. 202. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM.
(a) In General.--The Secretary shall competitively award grants to
National Laboratories for the purpose of establishing or supporting
Lab-Embedded Entrepreneurship Programs.
(b) Purposes.--The purposes of such programs are to provide
entrepreneurial fellows with access to National Laboratory research
facilities, National Laboratory expertise, and mentorship to perform
research and development and gain expertise that may be required or
beneficial for the commercial application of research ideas.
(c) Entrepreneurial Fellows.--An entrepreneurial fellow
participating in a program described in subsection (a) shall be
provided with--
(1) opportunities for entrepreneurial training,
professional development, and exposure to leaders from
academia, industry, government, and finance who may serve as
advisors to or partners of the fellow;
(2) financial and technical support for research,
development, and commercial application activities;
(3) fellowship awards to cover costs of living, health
insurance, and travel stipends for the duration of the
fellowship; and
(4) any other resources determined appropriate by the
Secretary.
(d) Program Activities.--Each National Laboratory that receives
funding under this section shall support entrepreneurial fellows by
providing--
(1) access to facilities and expertise within the National
Laboratory;
(2) engagement with external stakeholders; and
(3) market and customer development opportunities.
(e) Administration.--National Laboratories that receive grants
under this section shall prioritize the support and success of the
entrepreneurial fellow with regards to professional development and
development of a relevant technology.
(f) Partnerships.--In carrying out a Lab-Embedded Entrepreneurship
Program, a National Laboratory may partner with an external entity,
including--
(1) a nonprofit organization;
(2) an institution of higher education;
(3) a federally-owned corporation; or
(4) a consortium of 2 or more entities described in
paragraphs (1) through (3).
(g) Metrics.--The Secretary shall support the development of short-
term and long-term metrics to assess the effectiveness of programs
receiving a grant under subsection (a) in achieving the purposes of the
program in subsection (a).
(h) Evaluation.--In accordance with section 9007 of Division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), not
later than 3 years after the date of the enactment of this Act, and
every 3 years thereafter, the Secretary shall submit to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate an
evaluation of the effectiveness of the programs under subsection (a)
based on the metrics developed pursuant to subsection (g).
(i) Coordination.--The Secretary shall oversee the planning and
coordination of grants under subsection (a) and shall identify and
disseminate best practices for achieving the purposes of subsection (a)
to National Laboratories that receive grants under this section.
(j) Interagency Collaboration.--The Secretary shall collaborate
with other executive branch agencies, including the Department of
Defense and other agencies with Federal laboratories, regarding
opportunities to partner with National Laboratories receiving a grant
under subsection (a).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities authorized in
this section $25,000,000 for each of fiscal years 2022 through 2026.
SEC. 203. SMALL BUSINESS VOUCHER PROGRAM.
Section 1003 of the Energy Policy Act of 2005 (42 U.S.C. 16393) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``, and may require the Director of a single-
purpose research facility,'' and inserting ``(as
defined in section 2) and the Director of each single-
purpose research facility'';
(B) in paragraph (1)--
(i) by striking ``increase'' and inserting
``encourage''; and
(ii) by striking ``collaborative
research,'' and inserting ``research,
development, demonstration, and commercial
application activities, including product
development,'';
(C) in paragraph (2), by striking ``procurement and
collaborative research'' and inserting ``the activities
described in paragraph (1)'';
(D) in paragraph (3)--
(i) by inserting ``facilities,'' before
``training''; and
(ii) by striking ``procurement and
collaborative research activities'' and
inserting ``the activities described in
paragraph (1)''; and
(E) in paragraph (5), by striking ``for the program
under subsection (b)'' and inserting ``and metrics for
the programs under subsections (b) and (c)'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Small Business Voucher Program.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means--
``(i) the Director of each National
Laboratory; and
``(ii) the Director of each single-purpose
research facility.
``(B) National laboratory.--The term `National
Laboratory' has the meaning given the term in section
2.
``(C) Program.--The term `program' means the
program established under paragraph (2).
``(D) Small business concern.--The term `small
business concern' has the meaning given such term in
section 3 of the Small Business Act (15 U.S.C. 632).
``(2) Establishment.--The Secretary, acting through the
Chief Commercialization Officer appointed under section
1001(a), and in consultation with the Directors, shall
establish a program to provide small business concerns with
vouchers under paragraph (3)--
``(A) to achieve the goal described in subsection
(a)(1); and
``(B) to improve the products, services, and
capabilities of small business concerns in the mission
space of the Department.
``(3) Vouchers.--Under the program, the Directors are
authorized to provide to small business concerns vouchers to be
used at National Laboratories and single-purpose research
facilities for--
``(A) research, development, demonstration,
technology transfer, or commercial application
activities; or
``(B) any other activities that the applicable
Director determines appropriate.
``(4) Expedited approval.--The Secretary, working with the
Directors, shall establish a stream-lined approval process for
financial assistance agreements signed between--
``(A) small business concerns selected to receive a
voucher under the program; and
``(B) the National Laboratories and single-purpose
research facilities.
``(5) Cost-sharing requirement.--In carrying out the
program, the Secretary shall require cost-sharing in accordance
with section 988.
``(6) Report.--In accordance with section 9007 of division
Z of the Consolidated Appropriations Act, 2021 (Public Law 116-
260), the Secretary shall report annually on the progress and
implementation of the small business voucher program
established under this section, including the number and
locations of small businesses that received grants under this
program.''; and
(4) in subsection (e) (as so redesignated), by striking
``for activities under this section'' and inserting ``for
activities under subsection (b)'' and inserting before the
period at the end ``and for activities under subsection (c)
$25,000,000 for each of fiscal years 2022 through 2026''.
SEC. 204. ENTREPRENEURIAL LEAVE PROGRAM.
(a) In General.--The Secretary shall delegate to Directors the
authority to carry out an entrepreneurial leave program (referred to in
this section as the ``program'') to allow National Laboratory employees
to take a full leave of absence from their position, with the option to
return to that or a comparable position up to 3 years later, or a
partial leave of absence, to advance the commercial application of
energy and related technologies relevant to the mission of the
Department.
(b) Termination Authority.--Directors shall retain the authority to
terminate National Laboratory employees that participate in the program
if such employees are found to violate terms prescribed by the National
Laboratory at which such employee is employed.
(c) Licensing.--To reduce barriers to participation in the program,
the Secretary shall delegate to the Directors the requirement to
establish streamlined mechanisms for facilitating the licensing of
technology that is the focus of National Laboratory employees who
participate in the program.
(d) Report.--In accordance with section 9007 of division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall report annually on the utilization of this authority at
National Laboratories, including the number of employees who
participate in this program at each National Laboratory and the number
of employees who take a permanent leave from their positions at
National Laboratories as a result of participating in this program.
(e) Federal Ethics.--Nothing in this section shall affect existing
Federal ethics rules applicable to Federal personnel.
SEC. 205. NATIONAL LABORATORY EMPLOYEE OUTSIDE EMPLOYMENT AUTHORITY.
(a) In General.--The Secretary shall delegate to Directors of
National Laboratories the authority to allow their employees--
(1) to engage in outside employment, including start-up
companies based on licensing technologies developed at National
Laboratories and consulting in their areas of expertise, and
receive compensation from such entities; and
(2) to engage in outside activities related to their areas
of expertise at the National Laboratory and may allow
employees, in their employment capacity at such outside
employment, to access the National Laboratories under the same
contracting mechanisms as non-Laboratory employees and
entities, in accordance with appropriate conflict of interest
protocols.
(b) Requirements.--If a Director elects to use the authority
granted by subsection (a) of this section, the Director, or their
designee, shall--
(1) require employees to disclose to and obtain approval
from the Director or their designee prior to engaging in any
outside employment;
(2) develop and require appropriate conflict of interest
protocols for employees that engage in outside employment; and
(3) maintain the authority to terminate employees engaging
in outside employment if they are found to violate terms,
including conflict of interest protocols, mandated by the
Director.
(c) Additional Restrictions.--Employees engaging in outside
employment may not--
(1) allow such activities to interfere with or impede their
duties at the National Laboratory;
(2) engage in activities related to outside employment
using National Laboratory government equipment, property, or
resources, unless such activities are performed under National
Laboratory contracting mechanisms, such as Cooperative Research
and Development Agreements or Strategic Partnership Projects,
whereby all conflicts of interest requirements apply; or
(3) use their position at a National Laboratory to provide
an unfair competitive advantage to an outside employer or
start-up activity.
(d) Federal Ethics.--Nothing in this section shall affect existing
Federal ethics rules applicable to Federal personnel.
SEC. 206. SIGNATURE AUTHORITY.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to Directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which, including the National Laboratory contributions
and project recipient cost share, is less than $1,000,000, if such an
agreement falls within the scope of--
(1) the strategic plan for the National Laboratory or a
master scope of work that has been approved by the Department;
or
(2) the most recent budget approved by Congress for
Department activities to be carried out by the National
Laboratory.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a strategic partnership project;
(3) prize competitions;
(4) an agreement for commercializing technology; or
(5) any other agreement determined to be appropriate by the
Secretary, in collaboration with the Directors of the National
Laboratories.
(c) Administration.--
(1) Accountability.--The Director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security, economic,
or environmental interest of the United States.
(2) Certification.--The Director of the affected National
Laboratory and the affected contractor shall certify that each
activity carried out under a project for which an agreement is
entered into under this section does not present, or minimizes,
any apparent conflict of interest, and avoids or neutralizes
any actual conflict of interest, as a result of the agreement
under this section.
(3) Availability of records.--Not later than 30 days after
the date on which a Director of a National Laboratory enters an
agreement under this section, such Director shall submit to the
Secretary for monitoring and review all records of the National
Laboratory relating to the agreement.
(d) Approval.--Upon granting the signature authority under in
subsection (a), the Secretary may not require any additional reviews or
approvals of draft agreements, statements of work, or other documents
for agreements that meet the criteria under subsection (a).
(e) Exception.--This section does not apply to any agreement with a
foreign-controlled entity or entity under the majority control of any
foreign entity.
(f) Report.--In accordance with section 9007 of division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall submit annually information on the number and types of
agreements signed using the authorities granted under this section.
(g) Evaluation.--Not later than 3 years after the enactment of this
Act the Secretary shall submit to the Committee on Science, Space, and
Technology Committee of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate an evaluation of the
efficacy of reducing administrative burden for agreements signed using
the authorities granted under this section.
(h) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 206 of the Energizing Technology
Transfer Act, approval by the Secretary of Energy shall not be
required for any agreement proposed to be entered into by a
National Laboratory of the Department of Energy, the total cost
of which, including the National Laboratory contributions and
project recipient cost share, is less than $1,000,000.''; and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
TITLE III--DEPARTMENT OF ENERGY MODERNIZATION
SEC. 301. OFFICE OF TECHNOLOGY TRANSITIONS.
Section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391)
is amended by adding at the end the following:
``(6) Hiring and management.--To carry out the program
authorized in this section, the Under Secretary for Science may
appoint personnel using the authorities in section 305 of the
Energizing Technology Transfer Act.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out the
activities authorized in this section $20,000,000 for each of
fiscal years 2022 through 2026.''.
SEC. 302. MANAGEMENT OF DEMONSTRATION PROJECTS.
(a) Management of Department of Energy Demonstration Projects.--The
Secretary, shall establish a program to conduct project management and
oversight of demonstration projects that receive or are eligible to
receive funding from the Department, in coordination with relevant
staff from Department program offices, including the Office of
Technology Transitions, the Loan Program Office, and all applied
program offices. The purposes of this program are to--
(1) conduct evaluation of demonstration project proposals
prior to selection of a project for funding;
(2) conduct independent oversight of the execution of a
demonstration project once funding has been awarded for such
project; and
(3) ensure a balanced portfolio of investments in clean
energy technology demonstration projects.
(b) Demonstration Project Management Employees.--
(1) Authority.--In carrying out the program under
subsection (a), the Under Secretary for Science shall appoint
at least 4 full time employees to achieve the purposes of the
program outlined in subsection (a) in coordination with
relevant staff at Department program offices.
(2) Hiring authority.--To carry out the program authorized
in this section, the Under Secretary for Science may hire
personnel using the authorities in section 305 of this Act.
(c) Duties.--In carrying out the program in subsection (a),
employees under this section shall work with relevant staff from
Department program offices to--
(1) evaluate demonstration project proposals, including the
scope, technical specifications, maturity of design, funding
profile, estimated costs, proposed schedule, proposed technical
and financial milestones, and potential for commercial success
based on economic and policy projections;
(2) develop independent cost estimates of demonstration
project proposals, when appropriate;
(3) recommend to the director of a program office whether
to fund a demonstration project proposal;
(4) oversee the execution of the demonstration projects
that receive funding from the Department under this section and
conduct reviews of ongoing projects, which may include
reconciling estimated costs as compared to actual costs and
evaluating progress of the project based on the proposed
schedule and technical and financial milestones, and provide
such reviews to the Secretary; and
(5) assess lessons learned and implement improvements to
evaluate and oversee demonstration projects carried out under
this section.
(d) Additional Authority.--The Secretary may carry out and manage
demonstration projects directly through the program established in
subsection (a).
(e) Project Termination.--Should an ongoing demonstration project
receive an unfavorable review under subsection (c)(4), the director of
a Department program office or their designee may cease funding the
demonstration project and reallocate the remaining funds to new or
existing demonstration projects carried out by that program office.
(f) Coordination.--In establishing and carrying out the program,
the Secretary shall coordinate with project management and acquisition
management entities within the Department, including the Office of
Project Management, and relevant professional organizations in project
management, construction, cost estimation, and other relevant fields.
(g) Reporting.--In accordance with section 9007 of Division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall report annually on the utilization of the authority
granted under this section, including--
(1) a summary of any demonstration projects currently being
carried out under this section; and
(2) the reviews under subsection (c)(4) of any ongoing
demonstration projects carried out under this section.
(h) Evaluation by Comptroller General.--Not later than 3 years
after the date of the enactment of this Act the Comptroller General
shall submit to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate an evaluation on the operation of the program
established under this section, including--
(1) the processes and procedures used to evaluate
demonstration project proposals and oversee demonstration
projects that receive funding under this section;
(2) any recommended changes to the program, including the
structure and the processes and procedures used to evaluate and
oversee demonstration projects that receive funding under this
section; and
(3) any recommended changes to the structure of this
program to improve the success in meeting the program purposes
under subsection (a).
SEC. 303. STREAMLINING PRIZE COMPETITIONS.
(a) Reporting.--Section 1008 of the Energy Policy Act of 2005 (42
U.S.C. 16396) is amended by adding at the end the following:
``(h) Report.--In accordance with section 9007 of Division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall report annually on a description of any prize
competitions carried out using the authority under this section, the
total amount of prizes awarded along with any private sector
contributions, the methods used for solicitation and evaluation, and a
description of how each prize competition advanced the mission of the
Department.''.
(b) Technical Amendment.--Section 1008 of the Energy Policy Act of
2005 (42 U.S.C. 16396) is amended by redesignating the second
subsection (e) (relating to authorization of appropriations) as
subsection (f).
SEC. 304. COST-SHARE WAIVER EXTENSION.
(a) In General.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16351) is amended in subsection (b)(4)(B) by striking ``this
paragraph'' and inserting ``the Energizing Technology Transfer Act''.
(b) Report.--Section 108(b) of the Department of Energy Research
and Innovation Act is amended in subsection (b) by striking ``this
Act'' each place it appears and inserting ``the Energizing Technology
Transfer Act''.
SEC. 305. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, ENGINEERING, AND
PROJECT MANAGEMENT PERSONNEL.
(a) In General.--The Under Secretary for Science shall have the
authority to--
(1) make appointments of not more than 60 scientific,
engineering, and professional personnel, without regard to
civil service laws, to assist the Department in meeting
specific project or research needs;
(2) fix the basic pay of any employee appointed under this
section at a rate to be determined by the Under Secretary at
rates not in excess of Level II of the Executive Schedule (EX-
II) under section 5311 of title 5, United States Code without
regard to the civil service laws; and
(3) pay any employee appointed under this section payments
in addition to basic pay, except that the total amount of
additional payments paid to an employee under this subsection
for any 12-month period shall not exceed the lesser of the
following amounts:
(A) $25,000.
(B) The amount equal to 25 percent of the annual
rate of basic pay of that employee.
(C) The amount of the limitation that is applicable
for a calendar year under section 5307(a)(1) of title
5, United States Code.
(b) Term.--
(1) In general.--The term of any employee appointed under
this section shall not exceed 3 years unless otherwise
authorized in law.
(2) Termination.--The Under Secretary for Science shall
have the authority to terminate any employee appointed under
this section at any time based on performance or changing
project or research needs of the Department.
SEC. 306. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.
Section 9007 of division Z of the Consolidated Appropriations Act,
2021 (Public Law 116-260) is amended as follows:
``(a) Annual Report.--As part of the updated technology transfer
execution plan required each year under section 1001(h)(2) of the
Energy Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of
Energy (in this section referred to as the `Secretary') shall submit to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report on the progress and implementation of programs
established under sections 9001, 9002, 9003, 9004, and 9005 of this Act
and under sections 102, 203, 204, 205, 206, and 302 of the Energizing
Technology Transfer Act.
``(b) Evaluation.--Not later than 3 years after the enactment of
this Act and every 3 years thereafter the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate an evaluation on the extent to which programs established
under sections 9001, 9002, 9003, 9004, and 9005 of this Act and
sections 101, 102, 103, and 202 of the Energizing Technology Transfer
Act are achieving success based on relevant short-term and long-term
metrics.''.
Union Calendar No. 350
117th CONGRESS
2d Session
H. R. 4606
[Report No. 117-453]
_______________________________________________________________________
A BILL
To establish programs and authorities to facilitate the commercial
application of clean energy and related technologies in the United
States.
_______________________________________________________________________
August 19, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed