42 USC 16392 - Technology Infrastructure Program

Collapse to view only § 16392. Technology Infrastructure Program

§ 16391. Improved technology transfer of energy technologies
§ 16391a. Technology transfer reports and evaluation
§ 16392. Technology Infrastructure Program
§ 16393. Small business advocacy and assistance
§ 16394. Outreach
§ 16395. Relationship to other laws
§ 16396. Prizes for achievement in grand challenges of science and technology

§ 16391. Improved technology transfer of energy technologies

(a) Office of Technology Transitions

(1) Establishment

(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

(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

(B) Principal advisor

(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

(6) Hiring and management

(7) Authorization of appropriations

(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.

(d) Technology transfer responsibility

(e) Technology Commercialization Fund

(1) Establishment

(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

(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

(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

(2) Updates

(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.

(Pub. L. 109–58, title X, § 1001, Aug. 8, 2005, 119 Stat. 926; Pub. L. 113–291, div. C, title XXXI, § 3144, Dec. 19, 2014, 128 Stat. 3902; Pub. L. 115–246, title I, § 102, Sept. 28, 2018, 132 Stat. 3131; Pub. L. 116–260, div. Z, title IX, §§ 9001, 9003, Dec. 27, 2020, 134 Stat. 2595, 2597; Pub. L. 117–58, div. D, title XII, § 41201(i), formerly § 41201(g), Nov. 15, 2021, 135 Stat. 1131, renumbered § 41201(i), Pub. L. 117–167, div. B, title VI, § 10723(3), Aug. 9, 2022, 136 Stat. 1709; Pub. L. 117–167, div. B, title VI, § 10722, Aug. 9, 2022, 136 Stat. 1708.)

§ 16391a. Technology transfer reports and evaluation

(a) Annual report

(b) Evaluation

(Pub. L. 116–260, div. Z, title IX, § 9007, Dec. 27, 2020, 134 Stat. 2600; Pub. L. 117–167, div. B, title VI, § 10727, Aug. 9, 2022, 136 Stat. 1710.)

§ 16392. Technology Infrastructure Program

(a) DefinitionsIn this section:

(1) Program

(2) Technology cluster

(3) Technology-related business concernThe term “technology-related business concern” means a for-profit corporation, company, association, firm, partnership, or small business concern that—

(A) conducts scientific or engineering research;

(B) develops new technologies;

(D) performs technological services.

(b) Establishment

(c) PurposeThe purpose of the Program shall be to improve the ability of National Laboratories and single-purpose research facilities to support departmental missions by—

(1) stimulating the development of technology clusters that can support departmental missions at the National Laboratories or single-purpose research facilities;

(2) improving the ability of National Laboratories and single-purpose research facilities to leverage and benefit from commercial research, technology, products, processes, and services; and

(3) encouraging the exchange of scientific and technological expertise between—

(A) National Laboratories or single-purpose research facilities; and

(B) entities that can support departmental missions at the National Laboratories or single-purpose research facilities, such as—

(i) institutions of higher education;

(ii) technology-related business concerns;

(iii) nonprofit institutions; and

(iv) agencies of State, tribal, or local governments.

(d) Projects

(e) Program requirements

(1) In general

(2) EntitiesEach project shall include at least one of each of the following entities:

(A) A business.

(B) An institution of higher education.

(D) An agency of a State, local, or tribal government.

(3) Cost-sharing

(A) In general

(B) Sources

(4) Competitive selection

(5) Accounting

(6) Duration

(f) Selection criteria

(1) Departmental missions

(2) Other criteriaIn selecting a project to receive Federal funds, the Secretary shall consider—

(A) the potential of the project to promote the development of a commercially sustainable technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility;

(B) the potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating National Laboratory or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating National Laboratory or single-purpose research facility;

(C) the extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the missions of the participating National Laboratory or single-purpose research facility and that will make substantive contributions to achieving the goals of the project;

(D) the extent to which the project focuses on promoting the development of technology-related business concerns that are small businesses or involves such small businesses substantively in the project; and

(E) such other criteria as the Secretary determines to be appropriate.

(g) AllocationIn allocating funds for projects approved under this section, the Secretary shall provide—

(1) the Federal share of the project costs; and

(2) additional funds to the National Laboratory or single-purpose research facility managing the project to permit the National Laboratory or single-purpose research facility to carry out activities relating to the project, and to coordinate the activities with the project.

(h) Report to Congress

(i) Authorization of appropriations

(Pub. L. 109–58, title X, § 1002, Aug. 8, 2005, 119 Stat. 927.)

§ 16393. Small business advocacy and assistance

(a) Small business advocate

The Secretary shall require the Director of each National Laboratory (as defined in section 15801 of this title) 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), 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 require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to establish a program to provide small business concerns with—

(1) assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or

(2) general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the products or services of the small business concern.

(1) Definitions

In this subsection:

(A) Director

The term “Director” means—

(i) the Director of each National Laboratory; and

(ii) the Director of each single-purpose research facility.

(B) National Laboratory

(D) Small business concern

(2) Establishment

The Secretary, acting through the Chief Commercialization Officer appointed under section 16391(a) of this title, and in consultation with the Directors, shall establish a program to provide small business concerns with vouchers under paragraph (3)—

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

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

(3) Vouchers

Under the program, the Directors are authorized to provide to small business concerns vouchers to be used at National Laboratories and single-purpose research facilities for—

(A) research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities; or

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

(4) Expedited approval

The Secretary, working with the Directors, shall establish a stream-lined approval process for financial assistance agreements signed between—

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

(B) the National Laboratories and single-purpose research facilities.

(5) Cost-sharing requirement

(6) Report

(d) Use of funds

(e) Authorization of appropriations

(Pub. L. 109–58, title X, § 1003, Aug. 8, 2005, 119 Stat. 929; Pub. L. 117–167, div. B, title VI, § 10718, Aug. 9, 2022, 136 Stat. 1705.)

§ 16394. Outreach

The Secretary shall ensure that each program authorized by this Act or an amendment made by this Act includes an outreach component to provide information, as appropriate, to manufacturers, consumers, engineers, architects, builders, energy service companies, institutions of higher education, facility planners and managers, State and local governments, and other entities.

(Pub. L. 109–58, title X, § 1004, Aug. 8, 2005, 119 Stat. 930.)

§ 16395. Relationship to other laws

Except as otherwise provided in this Act or an amendment made by this Act, the Secretary shall carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this Act or an amendment made by this Act in accordance with the applicable provisions of—

(1) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);

(2) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.);

(3) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.);

(4) the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.);

(5) chapter 18 of title 35 (commonly known as the “Bayh-Dole Act”); and

(6) any other Act under which the Secretary is authorized to carry out the programs, projects, and activities.

(Pub. L. 109–58, title X, § 1005, Aug. 8, 2005, 119 Stat. 930.)

§ 16396. Prizes for achievement in grand challenges of science and technology

(a) Authority

(b) Competition requirements

(d) Relationship to other authority

(e) CoordinationIn 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 of prize competitions; and

(4) provide training and prize competition design support, as necessary, to Department staff to develop prize competitions and challenges.

(f) Authorization of appropriationsThere are authorized to be appropriated—

(1) $10,000,000 to carry out the program under subsection (a); and

(2) $5,000,000 to carry out the program under subsection (c).

(g) H-prize

(1) Prize authority

(A) In general

(B) Advertising and solicitation of competitors

(i) Advertising

(ii) Announcement through Federal Register notice

(C) Administering the competitionsThe Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions under this subsection, subject to the provisions of this subsection (in this subsection referred to as the “administering entity”). The duties of the administering entity under the agreement shall include—

(i) advertising prize competitions under this subsection and their results;

(ii) raising funds from private entities and individuals to pay for administrative costs and to contribute to cash prizes, including funds provided in exchange for the right to name a prize awarded under this subsection;

(iii) developing, in consultation with and subject to the final approval of the Secretary, the criteria for selecting winners in prize competitions under this subsection, based on goals provided by the Secretary;

(iv) determining, in consultation with the Secretary, the appropriate amount and funding sources for each prize to be awarded under this subsection, subject to the final approval of the Secretary with respect to Federal funding;

(v) providing advice and consultation to the Secretary on the selection of judges in accordance with paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and

(vi) protecting against the administering entity’s unauthorized use or disclosure of a registered participant’s trade secrets and confidential business information. Any information properly identified as trade secrets or confidential business information that is submitted by a participant as part of a competitive program under this subsection may be withheld from public disclosure.

(D) Funding sources

(E) Announcement of prizesThe Secretary may not issue a notice required by subparagraph (B)(ii) until all the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by the administering entity. The Secretary may increase the amount of a prize after an initial announcement is made under subparagraph (B)(ii) if—

(i) notice of the increase is provided in the same manner as the initial notice of the prize; and

(ii) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by the administering entity.

(F) Sunset

(2) Prize categories

(A) CategoriesThe Secretary shall establish prizes under this subsection for—

(i) advancements in technologies, components, or systems related to—(I) hydrogen production;(II) hydrogen storage;(III) hydrogen distribution; and(IV) hydrogen utilization;

(ii) prototypes of hydrogen-powered vehicles or other hydrogen-based products that best meet or exceed objective performance criteria, such as completion of a race over a certain distance or terrain or generation of energy at certain levels of efficiency; and

(iii) transformational changes in technologies for the distribution or production of hydrogen that meet or exceed far-reaching objective criteria, which shall include minimal carbon emissions and which may include cost criteria designed to facilitate the eventual market success of a winning technology.

(B) Awards

(i) Advancements

(ii) Prototypes

(iii) Transformational technologies

(i) shall consult with the Department’s Hydrogen Technical and Fuel Cell Advisory Committee;

(ii) shall consult with other Federal agencies, including the National Science Foundation; and

(iii) may consult with other experts such as private organizations, including professional societies, industry associations, and the National Academy of Sciences and the National Academy of Engineering.

(D) JudgesFor each prize competition under this subsection, the Secretary in consultation with the administering entity shall assemble a panel of qualified judges to select the winner or winners on the basis of the criteria established under subparagraph (C). Judges for each prize competition shall include individuals from outside the Department, including from the private sector. A judge, spouse, minor children, and members of the judge’s household may not—

(i) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in the prize competition for which he or she will serve as a judge; or

(ii) have a familial or financial relationship with an individual who is a registered participant in the prize competition for which he or she will serve as a judge.

(3) EligibilityTo be eligible to win a prize under this subsection, an individual or entity—

(A) shall have complied with all the requirements in accordance with the Federal Register notice required under paragraph (1)(B)(ii);

(B) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and

(C) shall not be a Federal entity, a Federal employee acting within the scope of his employment, or an employee of a national laboratory acting within the scope of his employment.

(4) Intellectual property

(5) Liability

(A) Waiver of liability

(B) Liability insurance

(i) RequirementsRegistered participants in a prize competition under this subsection shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by—(I) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this subsection; and(II) the Federal Government for damage or loss to Government property resulting from such an activity.

(ii) Federal Government insured

(6) Report to CongressNot later than 60 days after the awarding of the first prize under this subsection, and annually thereafter, the Secretary shall transmit to the Congress a report that—

(A) identifies each award recipient;

(B) describes the technologies developed by each award recipient; and

(C) specifies actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this subsection.

(7) Authorization of appropriations

(A) In general

(i) AwardsThere are authorized to be appropriated to the Secretary for the period encompassing fiscal years 2008 through 2017 for carrying out this subsection—(I) $20,000,000 for awards described in paragraph (2)(A)(i);(II) $20,000,000 for awards described in paragraph (2)(A)(ii); and(III) $10,000,000 for the award described in paragraph (2)(A)(iii).

(ii) Administration

(B) Carryover of funds

(8) Nonsubstitution

(h) Report

(Pub. L. 109–58, title X, § 1008, Aug. 8, 2005, 119 Stat. 933; Pub. L. 110–140, title VI, § 654, Dec. 19, 2007, 121 Stat. 1695; Pub. L. 116–260, div. Z, title IX, § 9004, Dec. 27, 2020, 134 Stat. 2598; Pub. L. 117–167, div. B, title VI, § 10724, Aug. 9, 2022, 136 Stat. 1709.)