§ 16391. Improved technology transfer of energy technologies

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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; 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.

(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 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, 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—

(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.