42 U.S.C. § 16391 — Improved technology transfer of energy technologies

(a) Office of Technology Transitions: Establishment: The Department creates an Office of Technology Transitions ("the Office"). Mission: The Office's mission is to grow the commercial impact of the Department's research investments, and to focus on commercializing technologies that support the Department's missions, including reducing greenhouse gas emissions and other pollutants. Goals: In its commercialization work, the Chief Commercialization Officer must pursue all these goals: reducing greenhouse gas emissions and other pollutants; ensuring economic competitiveness; enhancing domestic energy security and national security; enhancing domestic jobs; improving energy efficiency; and any other goal that supports transferring Department-funded technology to the private sector. Chief Commercialization Officer: The Office is headed by a Chief Commercialization Officer, appointed by and reporting directly to the Secretary. This person is the Secretary's principal advisor on technology transfer and commercialization, and must be specially qualified by professional background and experience. The Officer oversees the Technology Transfer Working Group (subsection (b)), the spending of funds allocated for technology transfer within the Department, the work of each technology partnership ombudsman appointed under section 7261c, and efforts to engage private sector entities, including venture capital companies. Coordination: The Officer must coordinate with the Department's senior leadership, other relevant program offices, the National Laboratories, the Technology Transfer Working Group, the Technology Transfer Policy Board, and other stakeholders, including private industry. Hiring and management: The Under Secretary for Science may appoint personnel for this program using the authorities in section 19321. Authorization of appropriations: Congress may provide $20,000,000 per year for fiscal years 2023 through 2027 for this section's activities. (b) Technology Transfer Working Group: The Secretary must establish a Technology Transfer Working Group made up of representatives of the National Laboratories and single-purpose research facilities, to coordinate technology transfer activities at those labs and facilities; exchange information about technology transfer practices, including alternative ways to resolve intellectual-property disputes and other technology transfer matters; and develop and share with the public and prospective technology partners information about technology transfer opportunities and procedures with the Department, including dispute-resolution approaches. (c) Technology Commercialization Fund: The Secretary must establish an Energy Technology Commercialization Fund, using 0.9 percent of the amount available to the Department for applied energy research, development, demonstration, and commercial application each fiscal year, based on planned future activities and that year's appropriations. The Fund provides matching funds to private partners to promote promising energy technologies for commercial purposes. (d) Technology transfer responsibility: Nothing in this section affects the technology transfer responsibilities federal employees already have under the Stevenson-Wydler Technology Innovation Act of 1980. (e) Technology Commercialization Fund: The Secretary, acting through the Chief Commercialization Officer, must establish a Technology Commercialization Fund ("the Fund"), using nine-tenths of one percent of the Department's applied energy research, development, demonstration, and commercial application appropriations each fiscal year. Following the cost-sharing requirements in section 16352, the Fund provides money to private partners, including national laboratories, to promote promising energy technologies commercially. Applications: The Secretary must develop criteria for evaluating funding applications, which may include the potential for a proposed technology to become a commercially successful product within a reasonable time, and the technology's relative maturity for commercial application. Selections: In awarding funds, the Secretary may give special consideration to applications involving at least one applicant who has participated in an entrepreneurial or commercialization training program, such as Energy Innovation Corps. (f) Annual report: The Secretary's annual report (required under section 16391a(a)) must describe the projects funded by the Fund that fiscal year, each project's cost-share, and each project's partners. (g) Technology commercialization fund report: Within 1 year after December 27, 2020, the Secretary must submit to the House Committee on Science, Space, and Technology and Committee on Appropriations, and the Senate Committee on Energy and Natural Resources and Committee on Appropriations, a report on the Fund's current and recommended implementation. That report must include a summary, with supporting data, of how much each Department program office contributes to and uses the Fund each year, including current funding restrictions; recommendations for improving the Fund's implementation and administration; and an analysis of how to spend Fund money optimally on the technology areas with the greatest need and opportunity for commercial application, rather than spending at the programmatic level or under current restrictions. (h) Planning and reporting: Within 180 days after August 8, 2005, the Secretary must submit a technology transfer execution plan to Congress. Each year after that, the Secretary must submit an updated plan and reports describing progress toward its goals and the funds spent under subsection (c). (i) Additional technology transfer programs: The Secretary may develop additional programs to support regional energy innovation systems; support clean energy incubators; provide small business vouchers; provide financial and technical assistance for entrepreneurial fellowships at national laboratories; encourage students, energy researchers, and national laboratory employees to build entrepreneurial skills and take part in entrepreneurial opportunities; support private companies and individuals partnering with National Laboratories; and further support the Office's mission and goals.