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Title II — Technology development at National Laboratories

S. 4725 · 116th Congress · Sep 24, 2020 · Lineage

II Technology development at National Laboratories

Sec. 201 Lab Partnering Service Pilot Program

(a)
Definitions— In this section:
(1)
Pilot program— The term pilot program means the Lab Partnering Service Pilot Program established under subsection (b).
(2)
Secretary— The term Secretary means the Secretary, acting through the Technology Transfer Coordinator appointed under section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)).
(b)
Establishment— The Secretary shall establish a pilot program, to be known as the “Lab Partnering Service Pilot Program”—
(1)
to provide services that encourage and support partnerships between the National Laboratories and public and private sector entities; and
(2)
to improve communication of research, development, demonstration, and commercial application projects and opportunities at the National Laboratories to potential partners.
(c)
Existing program— The pilot program may be established within, or as an expansion of, an existing Department program.
(d)
Activities— In carrying out the pilot program, the Secretary shall—
(1)
conduct outreach to and engage with relevant public and private sector entities;
(2)
identify and disseminate best practices for strengthening connections between the National Laboratories and public and private sector entities; and
(3)
develop a website to disseminate information on—
(A)
different partnering mechanisms for working with the National Laboratories;
(B)
National Laboratory experts and research areas; and
(C)
National Laboratory facilities and user facilities.
(e)
Coordination— In carrying out the pilot program, the Secretary shall coordinate with the Directors and dedicated technology transfer staff of the National Laboratories, with a focus on matchmaking services for individual projects led by the National Laboratories.
(f)
Metrics— The Secretary shall collaborate with program evaluation experts to develop metrics to determine—
(1)
the effectiveness of the pilot program in achieving the purposes described in subsection (b); and
(2)
the number and types of partnerships established between public and private sector entities and the National Laboratories compared to historical trends.
(g)
Funding employee partnering activities— The Secretary shall delegate to the Directors of the National Laboratories the authority to establish, without regard to title 5, United States Code, or any regulation issued under that title, a mechanism for compensating National Laboratory employees providing services under the pilot program.
(h)
Duration— Subject to the availability of appropriations, the pilot program shall operate for not less than 3 years.
(i)
Evaluation— Not later than 180 days after the date on which the pilot program terminates, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that—
(1)
evaluates the success of the pilot program in achieving the purposes of the pilot program; and
(2)
includes an analysis of the performance of the pilot program based on the metrics developed under subsection (f).
(j)
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $3,700,000 for each of fiscal years 2021 through 2023, of which $1,700,000 for each fiscal year shall be used to carry out subsection (g).

Sec. 202 Lab-Embedded Entrepreneurship Program

(a)
Definitions— In this section:
(1)
Covered program— The term covered program means a lab-embedded entrepreneurship program established or supported by an eligible entity using a grant awarded under the program.
(2)
Eligible entity— The term eligible entity means—
(A)
a National Laboratory;
(B)
a nonprofit organization;
(C)
an institution of higher education; and
(D)
a federally owned corporation.
(3)
Entrepreneurial fellow— The term entrepreneurial fellow means an individual participating in a covered program.
(4)
Program— The term program means the Lab-Embedded Entrepreneurship Program authorized under subsection (b).
(b)
Program— The Secretary shall continue the program within the Office of Energy Efficiency and Renewable Energy known as the “Lab-Embedded Entrepreneurship Program”, under which the Secretary, or a designee of the Secretary at a National Laboratory, shall award grants to eligible entities for the purpose of establishing or supporting a covered program.
(c)
Purpose— The purpose of a covered program is to provide entrepreneurial fellows with access to National Laboratory research facilities, expertise, and men­tor­ship—
(1)
to perform research and development; and
(2)
to gain expertise that may be required or beneficial for the commercial application of research ideas.
(d)
Entrepreneurial fellows—
(1)
In general— In participating in a covered program, an entrepreneurial fellow shall be provided—
(A)
by the Secretary or an eligible entity, with—
(i)
opportunities for entrepreneurial training, professional development, and networking through exposure to leaders from academia, industry, government, and finance, who may serve as advisors to or partners of an entrepreneurial fellow;
(ii)
financial and technical support for research, development, and commercial application activities;
(iii)
fellowship awards to cover costs of living, health insurance, and travel stipends for the duration of the fellowship; and
(iv)
any other resources determined appropriate by the Secretary; and
(B)
by an eligible entity with—
(i)
access to the facilities and expertise of staff of a National Laboratory;
(ii)
engagement with external stakeholders; and
(iii)
market and customer development opportunities.
(2)
Priority— In carrying out a covered program, an eligible entity shall give priority to supporting entrepreneurial fellows with respect to professional development and development of a relevant technology.
(e)
Metrics— The Secretary shall support the development of short-term and long-term metrics to assess the effectiveness of covered programs in achieving the purposes of the program.
(f)
Coordination; interagency collaboration— The Secretary shall—
(1)
oversee the planning and coordination of grants awarded under the program; and
(2)
collaborate with other Federal agencies, including the Department of Defense, regarding opportunities for Federal agencies to partner with covered programs.
(g)
Best practices— The Secretary shall identify and disseminate to eligible entities best practices for achieving the purposes of the program.
(h)
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2021 through 2025.

Sec. 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)
by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately;
(B)
in the matter preceding subparagraph (A) (as so redesignated)—
(i)
by striking “and may require the Director of a single-purpose research facility” and inserting “the Director of each single-purpose research facility, and the Director of each covered facility”; and
(ii)
by striking “The Secretary” and inserting the following:

“(1) Definition of covered facility—In this subsection, the term covered facility means a national security laboratory or nuclear weapons production facility (as those terms are defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)) that the Administrator of the National Nuclear Security Administration determines is within the mission of a program established under subsection (b) or (c).

“(2) Responsibilities—The Secretary”

(C)
in paragraph (2) (as so designated)—
(i)
in subparagraph (A) (as so redesignated)—
(I)
by striking “increase” and inserting “encourage”;
(II)
by striking “collaborative research,” and inserting “research, development, demonstration, commercial application activities, including product development,”; and
(III)
by striking “Laboratory or single-purpose research facility” and inserting “Laboratory, single-purpose research facility, or covered facility, as applicable”;
(ii)
in subparagraph (B) (as so redesignated)—
(I)
by striking “Laboratory or single-purpose research facility” and inserting “Laboratory, single-purpose research facility, or covered facility, as applicable,”; and
(II)
by striking “procurement and collaborative research along with” and inserting “the activities described in subparagraph (A) and”;
(iii)
in subparagraph (C) (as so redesignated)—
(I)
by inserting “facilities,” before “training”; and
(II)
by striking “procurement and collaborative research activities” and inserting “the activities described in subparagraph (A)”;
(iv)
in subparagraph (D) (as so redesignated), by striking “Laboratory or single-purpose research facility” and inserting “Laboratory, single-purpose research facility, or covered facility, as applicable,”; and
(v)
in subparagraph (E) (as so redesignated)—
(I)
by striking “for the program under subsection (b)” and inserting “and metrics for the programs under subsections (b) and (c)”; and
(II)
by striking “Laboratory or single-purpose research facility” and inserting “Laboratory, single-purpose research facility, or covered facility, as applicable”;
(2)
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(3)
by inserting after subsection (b) the following:

“(c) Small business voucher program

“(1) Definitions—In this subsection:

“(A) Covered facility—The term covered facility means a national security laboratory or nuclear weapons production facility (as those terms are defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)) that the Administrator of the National Nuclear Security Administration determines is within the mission of the program.

“(B) Director—The term Director means—

“(i) the Director of a National Laboratory;

“(ii) the Director of a single-purpose research facility; and

“(iii) the Director of a covered facility.

“(C) Program—The term program means the program established under paragraph (2).

“(2) Establishment—The Secretary, acting through the 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—

“(A) to achieve the goal described in subsection (a)(1)(A); and

“(B) to improve the products, services, and capabilities of small business concerns in the mission space of the Department.

“(3) Vouchers—Vouchers provided under the program shall be used at National Laboratories, single-purpose research facilities, and covered facilities for—

“(A) research, development, demonstration, technology transfer, or commercial application activities; or

“(B) any other activity that the applicable Director determines appropriate.

“(4) Expedited contracting—The Secretary, in collaboration with the Directors, shall establish a streamlined approval process for expedited contracting between—

“(A) a small business concern selected to receive a voucher under the program; and

“(B) a National Laboratory, single-purpose research facility, or covered facility.

“(5) Cost-sharing requirement—In carrying out the program, the Secretary shall require cost-sharing in accordance with section 988.

“(6) Annual report—The Secretary shall include in the annual report required under section 1001(h)(2) a description of the implementation and progress of the program, including, for the year covered by the report, the number and locations of small business concerns that have received vouchers under the program.”

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

Sec. 204 Entrepreneurial leave program

(a)
In general— The Secretary shall delegate to each Director of a National Laboratory the authority to carry out an entrepreneurial leave program (referred to in this section as a “leave program”) to allow employees of the National Laboratory to take, for the purpose of advancing the commercial application of energy and related technologies relevant to the mission of the Department, and notwithstanding any provision of title 5, United States Code, or any regulation issued under that title—
(1)
a full leave of absence, with the option to return to the same or comparable position not more than 3 years after the date on which the full leave of absence begins; or
(2)
a partial leave of absence.
(b)
Termination authority— Notwithstanding any provision of title 5, United States Code, or any regulation issued under that title, each Director of a National Laboratory may remove any National Laboratory employee who participates in a leave program if the employee is found to violate the terms by which that employee is employed.
(c)
Licensing— To reduce barriers to participation in a leave program, the Secretary shall require each Director of a National Laboratory to establish streamlined mechanisms for facilitating the licensing of technology that is the focus of a National Laboratory employee who participates in a leave program.
(d)
Report— The Secretary shall include in each updated technology transfer execution plan submitted under section 1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16391(h)(2)) information on the implementation of the leave program, including, for the year covered by the report—
(1)
the number of employees that have participated in the program at each National Laboratory; and
(2)
the number of employees that have taken a permanent leave of absence.

Sec. 205 Outside employment and activities for National Laboratory employees

(a)
In general— The Secretary shall delegate to each Director of a National Laboratory the authority to allow an employee of that National Laboratory, notwithstanding any provision of title 5, United States Code, or any regulation issued under that title—
(1)
to engage in and receive compensation for outside employment, including providing consulting services, relating to licensing technologies developed at a National Laboratory or an area of expertise of the employee at the National Laboratory;
(2)
to engage in other outside activities related to the area of expertise of the employee at the National Laboratory; and
(3)
in the course of that outside employment or activity, to access the National Laboratories under the same contracting mechanisms as nonlaboratory employees and entities, in accordance with appropriate conflict of interest protocols.
(b)
Requirements— If a Director of National Laboratory elects to use the authority delegated under subsection (a), the Director, or a designee, shall—
(1)
require employees to obtain approval from the Director or the designee prior to engaging in the outside employment or activity described in that subsection;
(2)
develop and require appropriate conflict of interest protocols for employees that engage in that outside employment or activity; and
(3)
maintain the authority to terminate an employee engaging in that outside employment or activity if the employee is found to violate the applicable terms of employment, including conflict of interest protocols.
(c)
Restrictions— An employee of a National Laboratory engaging in outside employment or activity permitted under subsection (a) may not, in the course of or due to that outside employment or activity—
(1)
sacrifice, hamper, or impede the duties of the employee at the National Laboratory;
(2)
use National Laboratory equipment, property, or resources unless that use is in accordance with a National Laboratory contracting mechanism, such as a cooperative research and development agreement or a strategic partnership project, under which all relevant conflict of interest requirements apply; or
(3)
use the position of the employee at a National Laboratory to provide an unfair competitive advantage to an outside employer or startup activity.
(d)
Report— The Secretary shall include in each updated technology transfer execution plan submitted under section 1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16391(h)(2)) information on the use of the authority delegated under this section.