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42 U.S.C. § 16391a — Improved technology transfer of energy technologies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Office of Technology Transitions**
(1) **Establishment** — There is established within the Department an Office of Technology Transitions (referred to in this section as the “Office”).
(2) **Mission** — The mission of the Office shall be—
(A) to expand the commercial impact of the research investments of the Department; and
(B) to focus on commercializing technologies that support the missions of the Department, including reducing greenhouse gas emissions and other pollutants.
(3) **Goals**
(A) *In general* — In carrying out the mission and activities of the Office, the Chief Commercialization Officer appointed under paragraph (4) shall, with respect to commercialization activities, meet all of the goals described in subparagraph (B).
(B) *Goals described* — The goals referred to in subparagraph (A) are the following:
(i) Reduction of greenhouse gas emissions and other pollutants.
(ii) Ensuring economic competitiveness.
(iii) Enhancement of domestic energy security and national security.
(iv) Enhancement of domestic jobs.
(v) Improvement of energy efficiency.
(vi) Any other goals to support the transfer of technology developed by Department-funded programs to the private sector, as consistent with missions of the Department.
(4) **Chief Commercialization Officer**
(A) *In general* — The Office shall be headed by an officer, who shall be known as the “Chief Commercialization Officer”, and who shall report directly to, and be appointed by, the Secretary.
(B) *Principal advisor* — The Chief Commercialization Officer shall be the principal advisor to the Secretary on all matters relating to technology transfer and commercialization.
(C) *Qualifications* — The Chief Commercialization Officer shall be an individual
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Source location: Title 42, Chapter 149, § 16391a; chapter-149-national-energy-policy-and-programs.md
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**(a) Office of Technology Transitions**
(1) **Establishment** — There is established within the Department an Office of Technology Transitions (referred to in this section as the “Office”).
(2) **Mission** — The mission of the Office shall be—
(A) to expand the commercial impact of the research investments of the Department; and
(B) to focus on commercializing technologies that support the missions of the Department, including reducing greenhouse gas emissions and other pollutants.
(3) **Goals**
(A) *In general* — In carrying out the mission and activities of the Office, the Chief Commercialization Officer appointed under paragraph (4) shall, with respect to commercialization activities, meet all of the goals described in subparagraph (B).
(B) *Goals described* — The goals referred to in subparagraph (A) are the following:
(i) Reduction of greenhouse gas emissions and other pollutants.
(ii) Ensuring economic competitiveness.
(iii) Enhancement of domestic energy security and national security.
(iv) Enhancement of domestic jobs.
(v) Improvement of energy efficiency.
(vi) Any other goals to support the transfer of technology developed by Department-funded programs to the private sector, as consistent with missions of the Department.
(4) **Chief Commercialization Officer**
(A) *In general* — The Office shall be headed by an officer, who shall be known as the “Chief Commercialization Officer”, and who shall report directly to, and be appointed by, the Secretary.
(B) *Principal advisor* — The Chief Commercialization Officer shall be the principal advisor to the Secretary on all matters relating to technology transfer and commercialization.
(C) *Qualifications* — The Chief Commercialization Officer shall be an individual who, by reason of professional background and experience, is specially qualified to advise the Secretary on matters pertaining to technology transfer at the Department.
(D) *Duties* — The Chief Commercialization Officer shall oversee—
(i) the activities of the Technology Transfer Working Group established under subsection (b);
(ii) the expenditure of funds allocated for technology transfer within the Department;
(iii) the activities of each technology partnership ombudsman appointed under [section 7261c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7261c&num=0&edition=prelim); and
(iv) efforts to engage private sector entities, including venture capital companies.
(5) **Coordination** — In carrying out the mission and activities of the Office, the Chief Commercialization Officer shall coordinate with the senior leadership of the Department, other relevant program offices of the Department, National Laboratories, the Technology Transfer Working Group established under subsection (b), the Technology Transfer Policy Board, and other stakeholders (including private industry).
(6) **Hiring and management** — To carry out the program authorized in this section, the Under Secretary for Science may appoint personnel using the authorities in [section 19321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section19321&num=0&edition=prelim).
(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 2023 through 2027.
**(b) Technology Transfer Working Group** The Secretary shall establish a Technology Transfer Working Group, which shall consist of representatives of the National Laboratories and single-purpose research facilities, to—
(1) coordinate technology transfer activities occurring at National Laboratories and single-purpose research facilities;
(2) exchange information about technology transfer practices, including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; and
(3) develop and disseminate to the public and prospective technology partners information about opportunities and procedures for technology transfer with the Department, including opportunities and procedures related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters.
**(c) Technology Commercialization Fund** The Secretary shall establish an Energy Technology Commercialization Fund, using 0.9 percent of the amount made available to the Department for applied energy research, development, demonstration, and commercial application for each fiscal year based on future planned activities and the amount of the appropriations for the fiscal year, to be used to provide matching funds with private partners to promote promising energy technologies for commercial purposes.
**(d) Technology transfer responsibility** Nothing in this section affects the technology transfer responsibilities of Federal employees under the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3701&num=0&edition=prelim) et seq.).
**(e) Technology Commercialization Fund**
(1) **Establishment** — The Secretary, acting through the Chief Commercialization Officer established in subsection (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 16352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16352&num=0&edition=prelim), funds to private partners, including national laboratories, to promote promising energy technologies for commercial purposes.
(2) **Applications**
(A) *Considerations* — The Secretary shall develop criteria for evaluating applications for funding under this section, which may include—
(i) the potential that a proposed technology will result in a commercially successful product within a reasonable timeframe; and
(ii) the relative maturity of a proposed technology for commercial application.
(B) *Selections* — In awarding funds under this section, the Secretary may give special consideration to applications that involve at least one applicant that has participated in an entrepreneurial or commercialization training program, such as Energy Innovation Corps.
**(f) Annual report** The Secretary shall include in the annual report required under [section 16391a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16391a/a&num=0&edition=prelim)—
(1) description of the projects carried out with awards from the Fund for that fiscal year;
(2) each project’s cost-share for that fiscal year; and
(3) each project’s partners for that fiscal year.
**(g) Technology commercialization fund report**
(1) **In general** — Not later than 1 year after December 27, 2020, the Secretary shall submit to the Committee on Science, Space, and Technology and Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate a report on the current and recommended implementation of the Fund.
(2) **Contents** — The report under subparagraph (A) shall include—
(A) a summary, with supporting data, of how much Department program offices contribute to and use the Fund each year, including a list of current funding restrictions;
(B) recommendations on how to improve implementation and administration of the Fund; and
(C) an analysis on how to spend funds optimally on technology areas that have the greatest need and opportunity for commercial application, rather than spending funds at the programmatic level or under current funding restrictions.
**(h) Planning and reporting**
(1) **In general** — Not later than 180 days after August 8, 2005, the Secretary shall submit to Congress a technology transfer execution plan.
(2) **Updates** — Each year after the submission of the plan under paragraph (1), the Secretary shall submit to Congress an updated execution plan and reports that describe progress toward meeting goals set forth in the execution plan and the funds expended under subsection (c).
**(i) Additional technology transfer programs** The Secretary may develop additional programs to—
(1) support regional energy innovation systems;
(2) support clean energy incubators;
(3) provide small business vouchers;
(4) provide financial and technical assistance for entrepreneurial fellowships at national laboratories;
(5) encourage students, energy researchers, and national laboratory employees to develop entrepreneurial skillsets and engage in entrepreneurial opportunities;
(6) support private companies and individuals in partnering with National Laboratories; and
(7) further support the mission and goals of the Office.
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Federal law — U.S. Code and appendices · legal_authorities
(1) The Secretary of Energy shall establish a program to facilitate and encourage the transfer of technology to small businesses and shall issue guidelines relating to the program not later than May 1, 1993.
(2) For the purposes of this section, the term “small business” means a business concern that meets the applicable size standards prescribed pursuant to [section 632(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7261c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility.
(2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy.
(3) **Other terms**
(A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.).
(B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim).
**(b) Review**
(1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power s
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18851
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that:
(1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States.
(2) Technology and industrial innovation offer an improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets.
(3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened.
(4) Small businesses have performed an important role in advancing industrial and technological innovation.
(5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations.
(6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices.
(7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy.
(8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, in
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3701
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Federal law — U.S. Code and appendices · legal_authorities
**(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 16391a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16391a&num=0&edition=prelim), 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 19321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department and National Laboratories.
**(b) Service requirement** The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16352
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business advocate** The Secretary shall require the Director of each National Laboratory (as defined in [section 15801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15801&num=0&edition=prelim)) and the Director of each single-purpose research facility to designate a small business advocate to—
(1) encourage the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in [section 637(a)(4) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/a/4&num=0&edition=prelim)), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility;
(2) report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in the activities described in paragraph (1) along with recommendations, if appropriate, on how to improve participation;
(3) make available to small business concerns facilities, training, mentoring, and information on how to participate in the activities described in paragraph (1);
(4) increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and
(5) establish guidelines and metrics for the programs under subsections (b) and (c) and report on the effectiveness of the program to the Director of the National Laboratory or single-purpose research facility.
**(b) Establishment of small business assistance program** The Secretary shall requ
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16394
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority** The Secretary may carry out a program to award cash prizes in recognition of breakthrough achievements in research, development, demonstration, and commercial application that have the potential for application to the performance of the mission of the Department.
**(b) Competition requirements** The program under subsection (a) may include prizes for the achievement of goals articulated by the Secretary in a specific area through a widely advertised solicitation of submission of results for research, development, demonstration, or commercial application projects.
**(c) Prizes for processes and technologies to reduce dependence on imported oil** The Secretary, in cooperation with the Freedom Prize Foundation, shall support a program of awarding prizes, to be known as Freedom Prizes, to encourage and recognize the development and deployment of processes and technologies that serve to reduce the dependence of the United States on imported oil.
**(d) Relationship to other authority** The program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of the Secretary to acquire, support, or stimulate research, development, demonstration, or commercial application projects.
**(e) Coordination** In carrying out subsection (a), and for any prize competitions under section 105 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010, the Secretary shall—
(1) issue Department-wide guidance on the design, development, and implementation of prize competitions;
(2) collect and disseminate best practices on the design and administration of prize competitions;
(3) streamline contracting mechanisms for the implementation o
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered project** — The term “covered project” means a demonstration project of the Department that—
(A) receives or is eligible to receive funding from the Secretary; and
(B) is authorized under—
(i) this division; or
(ii) the Energy Act of 2020 (Public Law 116–260; 134 Stat. 1182).11 See References in Text note below.
(2) **Program** — The term “program” means the program established under subsection (b).
**(b) Establishment** The Secretary, in coordination with the heads of relevant program offices of the Department, including the Office of Technology Transitions, the Loan Program Office, and all applied program offices, shall establish a program to conduct project management and oversight of covered projects, including by—
(1) conducting evaluations of proposals for covered projects before the selection of a covered project for funding;
(2) conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project; and
(3) ensuring a balanced portfolio of investments in covered projects.
**(c) Duties** The Secretary shall appoint a head of the program who shall, in coordination with the heads of relevant program offices of the Department—
(1) evaluate proposals for covered projects, including 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 for a proposal for a covered project, if appropriate;
(3) recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project;
(4) over
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18701
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Federal law — U.S. Code and appendices · legal_authorities
**(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, territorial, 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 16391(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16391/a&num=0&edition=prelim), 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 ha
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 19303
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Federal law — U.S. Code and appendices · legal_authorities
**(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 institutions of higher education.
(2) **Minority-serving institution** — The term “minority-serving institution” means an institution described in [section 1067q(a) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1067q/a&num=0&edition=prelim).
**(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 3719 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3719&num=0&edition=prelim). 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 1639
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 19311
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