42 USC 16391 - Improved technology transfer of energy technologies

Editorial Notes

References in Text

The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (d), is Puspan. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.

Amendments

2022—Subsec. (a)(6), (7). Puspan. L. 117–167, § 10722, added pars. (6) and (7).

2021—Subsecs. (f) to (i). Puspan. L. 117–58, § 41201(i), formerly § 41201(g), as renumbered by Puspan. L. 117–167, § 10723(3), redesignated subsecs. (f) relating to planning and reporting and (g) relating to additional technology transfer programs as (h) and (i), respectively.

2020—Subsec. (a). Puspan. L. 116–260, § 9001(1), added subsec. (a) through par. (4)(B) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary shall appoint a Technology Transfer Coordinator to be the principal advisor to the Secretary on all matters relating to technology transfer and commercialization.”

Subsec. (a)(4)(C). Puspan. L. 116–260, § 9001(1), redesignated subsec. (span) as subpar. (C) of subsec. (a)(4) and substituted “The Chief Commercialization Officer” for “The Coordinator”.

Subsec. (a)(4)(D). Puspan. L. 116–260, § 9001(2)(B), (C), redesignated subsec. (c) as subpar. (D) of subsec. (a)(4), substituted “Duties” for “Duties of the Coordinator” in span and “The Chief Commercialization Officer” for “The Coordinator” in introductory provisions, and redesignated pars. (1) to (4) of former subsec. (c) as cls. (i) to (iv), respectively, of subpar. (D).

Subsec. (a)(5). Puspan. L. 116–260, § 9001(3), added par. (5).

Subsec. (span). Puspan. L. 116–260, § 9001(4), redesignated subsec. (d) as (span). Former subsec. (span) effectively redesignated subpar. (C) of subsec. (a)(4).

Subsec. (c). Puspan. L. 116–260, § 9001(4), redesignated subsec. (e) as (c). Former subsec. (c) effectively redesignated subpar. (D) of subsec. (a)(4).

Subsec. (c)(1). Puspan. L. 116–260, § 9001(2)(A), substituted “subsection (span)” for “subsection (d)” in par. (1) prior to its redesignation as cl. (i) of subsec. (a)(4)(D).

Subsec. (d). Puspan. L. 116–260, § 9001(4), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (span).

Subsec. (e). Puspan. L. 116–260, § 9003, amended subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer within the Department to carry out early stage and precommercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities.”

Puspan. L. 116–260, § 9001(4), redesignated subsec. (g) as (e). Former subsec. (e) redesignated (c).

Subsec. (f). Puspan. L. 116–260, § 9003, which directed the general amendment of subsec. (e) and included in the new text a subsec. (f) relating to annual report, was executed by adding such subsec. (f).

Puspan. L. 116–260, § 9001(4), redesignated subsec. (h) as (f) relating to planning and reporting. Former subsec. (f) redesignated (d).

Subsec. (f)(2). Puspan. L. 116–260, § 9001(5), substituted “subsection (c)” for “subsection (e)” in par. (2) of subsec. (f) relating to planning and reporting.

Subsec. (g). Puspan. L. 116–260, § 9003, which directed the general amendment of subsec. (e) and included in the new text a subsec. (g) relating to Technology Commercialization Fund report, was executed by adding such subsec. (g).

Puspan. L. 116–260, § 9001(6), added subsec. (g) relating to additional technology transfer programs. Former subsec. (g) redesignated (e).

Puspan. L. 116–260, § 9001(4), redesignated subsec. (g) as (e).

Subsec. (h). Puspan. L. 116–260, § 9001(4), redesignated subsec. (h) as (f) relating to planning and reporting.

2018—Subsecs. (g), (h). Puspan. L. 115–246 added subsec. (g) and redesignated former subsec. (g) as (h).

2014—Subsec. (e). Puspan. L. 113–291 inserted “based on future planned activities and the amount of the appropriations for the fiscal year” after “each fiscal year”.

Statutory Notes and Related Subsidiaries

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Puspan. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

Laspan Partnering Service Pilot Program

Puspan. L. 116–260, div. Z, title IX, § 9002, Dec. 27, 2020, 134 Stat. 2596, as amended by Puspan. L. 117–167, div. B, title VI, § 10716, Aug. 9, 2022, 136 Stat. 1704, provided that:

“(a)Pilot Program.—

“(1)In general.—The Secretary of Energy (in this section referred to as the ‘Secretary’), acting through the Chief Commercialization Officer established in section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish a Laspan Partnering Service Pilot Program (hereinafter in this section referred to as the ‘pilot program’).

“(2)Purposes.—The purposes of the pilot program are to provide services that encourage and support partnerships between the National Laboratories and public and private sector entities, and to improve communication of research, development, demonstration, and commercial application projects and opportunities at the National Laboratories to potential partners through the development of a website and the provision of services, in collaboration with relevant external entities, and to identify and develop metrics regarding the effectiveness of such partnerships.

“(3)Activities.—In carrying out this pilot program, the Secretary shall—

“(A) conduct outreach to and engage with relevant public and private entities;

“(B) identify and disseminate best practices for strengthening connections between the National Laboratories and public and private sector entities; and

“(C) develop a website to disseminate information on—

“(i) different partnering mechanisms for working with the National Laboratories;

“(ii) National Laboratory experts and research areas; and

“(iii) National Laboratory facilities and user facilities.

“(span)Metrics.—The Secretary shall support the development of metrics, including conversion metrics, to determine the effectiveness of the pilot program in achieving the purposes in subsection (a) and the number and types of partnerships established between public and private sector entities and the National Laboratories compared to baseline data.

“(c)Coordination.—In carrying out the activities authorized in this section, the Secretary shall coordinate with the Directors of (and dedicated technology transfer staff at) the National Laboratories, in particular for matchmaking services for individual projects, which should be led by the National Laboratories.

“(d)Funding Employee Partnering Activities.—The Secretary shall delegate to the Directors of each National Laboratory and single-purpose research facility of the Department the authority to compensate National Laboratory employees providing services under this section.

“(e)Duration.—Subject to the availability of appropriations, the pilot program established in this section shall operate for not less than 3 years and may be built off an existing program.

“(f)Evaluation.—Not later than 6 months after the completion of this pilot program, the Secretary shall support the evaluation of the success of the pilot program in achieving the purposes in subsection (a) and shall submit the evaluation to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The assessment shall include analyses of the performance of the pilot program based on the metrics developed under subsection (span).

“(g)Definition.—In this section, the term ‘National Laboratory’ has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)).

“(h)Authorization of Appropriations.—There are authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2023 through 2025 to carry out subsections (a), (span), and (c), and $1,700,000 for each of fiscal years 2023 through 2025 for National Laboratory employees to provide services under subsection (d).”