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Title II — Supporting Technology Development At the National Laboratories

H.R. 8273 · 116th Congress · Sep 16, 2020 · Lineage

II Supporting Technology Development At the National Laboratories

Sec. 201 Lab partnering service pilot program

(a)
Pilot program—
(1)
In general— The Secretary, acting through the Technology Transfer Coordinator 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.
(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 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 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)
Authorization of appropriations— There are authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2021 through 2023 to carry out subsections (a), (b), (c), (e), and (f) and $1,700,000 for each of fiscal years 2021 through 2023 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 eligible entity 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— Eligible entities 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; or
(3)
a federally owned corporation.
(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 307(b) of this Act, 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 eligible entities 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 programs 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 2021 through 2025.

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 “procurement and 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 “procurement and 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 Technology Transfer Coordinator 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 streamlined 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 307(a) of the Energizing Technology Transfer Act, 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.”

(4)
in subsection (e) (as so redesignated), by striking “for activities under this section” and inserting “for activities under subsection (b)” and inserting at the end “and for activities under subsection (c) $25,000,000 for each of fiscal years 2021 through 2025”.

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 307(a) of this Act, 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)
sacrifice, hamper, 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 Agreement 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 Technology commercialization fund

Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)) is amended to read as follows:

“(a) Technology commercialization fund

“(1) Establishment—The Secretary, acting through the Technology Transfer Coordinator 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 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.

“(3) Annual report—The Secretary shall include in the annual report required under subsection (h)(2)—

“(A) a description of the projects carried out with awards from the Fund for that fiscal year;

“(B) each project’s cost-share for that fiscal year; and

“(C) each project’s partners for that fiscal year.

“(4) Evaluation—In accordance with section 307(b) of the Energizing Technology Transfer Act, the Secretary shall submit 3 years after the enactment of that Act and every 3 years thereafter 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 on the long-term commercial success of projects that received awards from the Fund.

“(5) Technology commercialization fund report

“(A) In general—Not later than 1 year after the date of enactment of the Energizing Technology Transfer Act, 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.

“(B) Contents—The report under subparagraph (A) shall include—

“(i) 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;

“(ii) recommendations on how to improve implementation and administration of the Fund; and

“(iii) 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.”

Sec. 207 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.
(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 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 307(a) of this Act, 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 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”

(C)
by adding at the end the following:

“(2) Exception—Notwithstanding paragraph (1), in accordance with section 207 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.”

(2)
in subsection (b), by striking “subsection (a)(1)” each place it appears and inserting “subsection (a)(1)(A)”.