USC Subpart 2

in effect

42 U.S.C. § 19311 Lab-Embedded Entrepreneurship Program

(a) In generalThe Secretary shall competitively award grants to National Laboratories for the purpose of establishing or supporting Lab-Embedded Entrepreneurship Programs. (b) PurposesThe purposes of such programs are to provide entrepreneurial fellows with access to National Laboratory research facilities, National Laboratory expertise, and mentorship to perform research and development and gain expertise that may be required or beneficial for the commercial application of research ideas. (c) Entrepreneurial fellowsAn entrepreneurial fellow participating in a program described in subsection (a) shall be provided with—(1) opportunities for entrepreneurial training, professional development, and exposure to leaders from academia, industry, government, and finance who may serve as advisors to or partners of the fellow; (2) financial and technical support for research, development, and commercial application activities; (3) fellowship awards to cover costs of living, health insurance, and travel stipends for the duration of the fellowship; and (4) any other resources determined appropriate by the Secretary. (d) Program activitiesEach National Laboratory that receives funding under this section shall support entrepreneurial fellows by providing—(1) access to facilities and expertise within the National Laboratory; (2) engagement with external stakeholders; and (3) market and customer development opportunities. (e) AdministrationNational Laboratories that receive grants under this section shall prioritize the support and success of the entrepreneurial fellow with regards to professional development and development of a relevant technology. (f) PartnershipsIn carrying out a Lab-Embedded Entrepreneurship Program, a National Laboratory may partner with an external entity, including—(1) a nonprofit organization; (2) an institution of higher education; (3) a federally-owned corporation; or (4) a consortium of 2 or more entities described in paragraphs (1) through (3). (g) MetricsThe Secretary shall support the development of short-term and long-term metrics to assess the effectiveness of programs receiving a grant under subsection (a) in achieving the purposes of the program in subsection (a). (h) EvaluationIn 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 evaluation of the effectiveness of the programs under subsection (a) based on the metrics developed pursuant to subsection (g). (i) CoordinationThe Secretary shall oversee the planning and coordination of grants under subsection (a) and shall identify and disseminate best practices for achieving the purposes of subsection (a) to National Laboratories that receive grants under this section. (j) Interagency collaborationThe Secretary shall collaborate with other executive branch agencies, including the Department of Defense and other agencies with Federal laboratories, regarding opportunities to partner with National Laboratories receiving a grant under subsection (a). (k) Authorization of appropriationsThere are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $25,000,000 for each of fiscal years 2023 through 2027.

42 U.S.C. § 19312 Entrepreneurial leave program

(a) In generalThe Secretary shall delegate to Directors the authority to carry out an entrepreneurial leave program (referred to in this section as the “program”) to allow National Laboratory employees to take a full leave of absence from their position, with the option to return to that or a comparable position up to 3 years later, or a partial leave of absence, to advance the commercial application of energy and related technologies relevant to the mission of the Department. (b) Termination authorityDirectors shall retain the authority to terminate National Laboratory employees that participate in the program if such employees are found to violate terms prescribed by the National Laboratory at which such employee is employed. (c) LicensingTo reduce barriers to participation in the program, the Secretary shall delegate to the Directors the requirement to establish streamlined mechanisms for facilitating the licensing of technology that is the focus of National Laboratory employees who participate in the program. (d) ReportIn accordance with section 16391a of this title, the Secretary shall report annually on the utilization of this authority at National Laboratories, including the number of employees who participate in this program at each National Laboratory and the number of employees who take a permanent leave from their positions at National Laboratories as a result of participating in this program. (e) Federal ethicsNothing in this section shall affect existing Federal ethics rules applicable to Federal personnel.

42 U.S.C. § 19313 National Laboratory non-Federal employee outside employment authority

(a) In generalThe Secretary shall delegate to Directors of National Laboratories the authority to allow their non-Federal employees—(1) to engage in outside employment, including start-up companies based on licensing technologies developed at National Laboratories and consulting in their areas of expertise, and receive compensation from such entities; and (2) to engage in outside activities related to their areas of expertise at the National Laboratory and may allow employees, in their employment capacity at such outside employment, to access the National Laboratories under the same contracting mechanisms as non-Laboratory employees and entities, in accordance with appropriate conflict of interest protocols. (b) RequirementsIf a Director elects to use the authority granted by subsection (a) of this section, the Director, or their designee, shall—(1) require employees to disclose to and obtain approval from the Director or their designee prior to engaging in any outside employment; (2) develop and require appropriate conflict of interest protocols for employees that engage in outside employment; (3) maintain the authority to terminate employees engaging in outside employment if they are found to violate terms, including conflict of interest protocols, mandated by the Director; and (4) ensure that any such programs or activities are in conformance with the Department’s research security policies, including DOE Order 486.1. (c) Additional restrictionsEmployees engaging in outside employment may not—(1) allow such activities to interfere with or impede their duties at the National Laboratory; (2) engage in activities related to outside employment using National Laboratory government equipment, property, or resources, unless such activities are performed under National Laboratory contracting mechanisms, such as Cooperative Research and Development Agreements or Strategic Partnership Projects, whereby all conflicts of interest requirements apply; or (3) use their position at a National Laboratory to provide an unfair competitive advantage to an outside employer or start-up activity. (d) Federal ethicsNothing in this section shall affect existing Federal ethics rules applicable to Federal personnel.