42 U.S.C. § 19301 — National Clean Energy Incubator Pro-

Page 9354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19291 was repealed and restated as section 13101 of Title 5 by Pub. L. 117–286, §§ 3(c), (7), Dec. 27, 2022, 136 Stat. 4266, 4361. The Federal Advisory Committee Act, referred to in subsec. (b)(5)(L), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Gov- ernment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. PART H—ENERGIZING TECHNOLOGY TRANSFER § 19291. Definitions In this part: (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 nega- tive environmental consequences of energy production, transmission or use. (2) Department The term ‘‘Department’’ means the Depart- ment of Energy. (3) Director The term ‘‘Director’’ means the Director of each National Laboratory and the Director of each Department of Energy single-purpose re- search facility. (4) Economically distressed area The term ‘‘economically distressed area’’ has the meaning described in section 3161(a) of this title. (5) Grant The term ‘‘grant’’ means a grant award, co- operative agreement award, or any other fi- nancial assistance arrangement that the Sec- retary of Energy determines to be appropriate. (6) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given such term in section 1001 of title 20. (7) National Laboratory The term ‘‘National Laboratory’’ has the meaning given that term in section 15801 of this title. (8) Secretary The term ‘‘Secretary’’ means the Secretary of Energy. (Pub. L. 117–167, div. B, title VI, § 10701, Aug. 9, 2022, 136 Stat. 1701.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle J (§§ 10701–10727) of title VI of div. B of Pub. L. 117–167, which is classified principally to this part. For complete classification of subtitle J to the Code, see Tables. SUBPART 1—NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS § 19301. National Clean Energy Incubator Pro- gram (a) Clean energy incubator defined In this section, the term ‘‘clean energy incu- bator’’— (1) means any entity that is designed to ac- celerate the commercial application of clean energy technologies by providing— (A) physical workspace, labs, and proto- typing facilities to support clean energy startups or established clean energy compa- nies; or (B) companies developing such tech- nologies with support, resources, and serv- ices, including— (i) access to business education and counseling; (ii) mentorship opportunities; and (iii) other services rendered for the pur- pose of aiding the development and com- mercial application of a clean energy tech- nology; and (2) may include a program within or estab- lished by a National Laboratory, an institu- tion of higher education or a State, terri- torial, 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, shall establish a Clean Energy Incubator Program (herein re- ferred 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 ac- tivities relevant to the activities of such incu- bator and that operate at the local, State, and regional levels; (2) support the commercial application ac- tivities of startup companies focused on phys- ical hardware, computational, or integrated hardware and software technologies; (3) are located in geographically diverse re- gions of the United States, such as the Great Lakes region; (4) are located in, or partner with entities lo- cated in, economically-distressed areas; (5) support the development of entities fo- cused 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 back- grounds; 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. Page 9355 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19303 (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 re- view. (h) Evaluation In accordance with section 16391a of this title, 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 evalua- tion of the program established under this sec- tion 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 2023 through 2027. (Pub. L. 117–167, div. B, title VI, § 10713, Aug. 9, 2022, 136 Stat. 1701.) § 19302. Clean Energy Technology University Prize competition (a) Definitions In this section: (1) Eligible entity The term ‘‘eligible entity’’ means a non- profit entity, an institution of higher edu- cation, 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. (b) In general The Secretary shall establish a program, known as the ‘‘Clean Energy Technology Uni- versity Prize’’, to award funding for eligible en- tities to carry out regional and one national clean energy technology prize competitions, under section 3719 of title 15. 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 stu- dents in skills needed for the successful com- mercial application of clean energy tech- nologies, including through virtual training ses- sions. (d) Prioritization In awarding grants under this section, the Sec- retary shall prioritize awarding grants to eligi- ble entities that work with students at minor- ity-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 competi- tions under this section. (f) Report In accordance with section 16391a of this title, the Secretary shall report annually on the progress and implementation of the program es- tablished under section (b). (g) Evaluation In accordance with section 16391a of this title, 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 evalua- tion 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 2023 through 2027. (Pub. L. 117–167, div. B, title VI, § 10714, Aug. 9, 2022, 136 Stat. 1703.) § 19303. Clean energy technology transfer coordi- nation (a) In general The Secretary, acting through the Chief Com- mercialization Officer established in section 16391(a) of this title, shall support the coordina- tion 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 co- operation among clean energy technology transfer programs; (3) facilitate connections between entre- preneurs and start-up companies and the vari- ety of programs related to clean energy tech- nology transfer under the Department; and (4) facilitate the development of metrics to measure the impact of clean energy tech- nology transfer programs on— (A) advancing the development, dem- onstration, and commercial application of clean energy technologies; (B) increasing the competitiveness of United States in the clean energy sector, in- cluding in manufacturing; and (C) commercial application of clean energy technologies being developed by entre- preneurs from under-represented back- grounds. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the activities in this sec-