Part H—Energizing Technology Transfer

§19291. Definitions

In this part:

(1) Clean energy technology

The term "clean energy technology" means a technology that significantly reduces energy use, increases energy efficiency, reduces greenhouse gas emissions, reduces emissions of other pollutants, or mitigates other negative environmental consequences of energy production, transmission or use.

(2) Department

The term "Department" means the Department of Energy.

(3) Director

The term "Director" means the Director of each National Laboratory and the Director of each Department of Energy single-purpose research facility.

(4) Economically distressed area

The term "economically distressed area" has the meaning described in section 3161(a) of this title.

(5) Grant

The term "grant" means a grant award, cooperative agreement award, or any other financial assistance arrangement that the Secretary of Energy determines to be appropriate.

(6) Institution of higher education

The term "institution of higher education" has the meaning given such term in section 1001 of title 20.

(7) National Laboratory

The term "National Laboratory" has the meaning given that term in section 15801 of this title.

(8) Secretary

The term "Secretary" means the Secretary of Energy.

(Pub. L. 117–167, div. B, title VI, §10701, Aug. 9, 2022, 136 Stat. 1701.)

Editorial Notes

References in Text

This part, referred to in text, was in the original "this subtitle", meaning subtitle J (§§10701–10727) of title VI of div. B of Pub. L. 117–167, which is classified principally to this part. For complete classification of subtitle J to the Code, see Tables.

subpart 1—national clean energy technology transfer programs

§19301. National Clean Energy Incubator Program

(a) Clean energy incubator defined

In this section, the term "clean energy incubator"—

(1) means any entity that is designed to accelerate the commercial application of clean energy technologies by providing—

(A) physical workspace, labs, and prototyping facilities to support clean energy startups or established clean energy companies; or

(B) companies developing such technologies with support, resources, and services, including—

(i) access to business education and counseling;

(ii) mentorship opportunities; and

(iii) other services rendered for the purpose of aiding the development and commercial application of a clean energy technology; and

(2) may include a program within or established by a National Laboratory, an institution of higher education or a State, territorial, local, or tribal government.

(b) Program establishment

Not later than 180 days after the enactment of this Act, the Secretary, acting through the Chief Commercialization Officer established in section 16391(a) of this title, shall establish a Clean Energy Incubator Program (herein referred to as the "program") to competitively award grants to clean energy incubators.

(c) Clean energy incubator selection

In awarding grants to clean energy incubators under subsection (b), the Secretary shall, to the maximum extent practicable, prioritize funding clean energy incubators that—

(1) partner with entities that carry out activities relevant to the activities of such incubator and that operate at the local, State, and regional levels;

(2) support the commercial application activities of startup companies focused on physical hardware, computational, or integrated hardware and software technologies;

(3) are located in geographically diverse regions of the United States, such as the Great Lakes region;

(4) are located in, or partner with entities located in, economically-distressed areas;

(5) support the development of entities focused on expanding clean energy tools and technologies to rural, Tribal, and low-income communities;

(6) support the commercial application of technologies being developed by clean energy entrepreneurs from underrepresented backgrounds; and

(7) have a plan for sustaining activities of the incubator after grant funds received under this program have been expended.

(d) Award limits

The Secretary shall not award more than $4,000,000 to one or more incubators in one given State, per fiscal year.

(e) Duration

Each grant under subsection (b) shall be for a period of no longer than 5 years, subject to the availability of appropriations.

(f) Use of funds

An entity receiving a grant under this section may use grant amounts for operating expenses.

(g) Renewal

An award made to a clean energy incubator under this section may be renewed for a period of not more than 3 years, subject to merit review.

(h) Evaluation

In 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 program established under this section that includes analyses of the performance of the clean energy incubators.

(i) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section $15,000,000 for each of fiscal years 2023 through 2027.

(Pub. L. 117–167, div. B, title VI, §10713, Aug. 9, 2022, 136 Stat. 1701.)

§19302. Clean Energy Technology University Prize competition

(a) Definitions

In this section:

(1) Eligible entity

The term "eligible entity" means a nonprofit entity, an institution of higher education, or an entity working with one or more institutions of higher education.

(2) Minority-serving institution

The term "minority-serving institution" means an institution described in section 1067q(a) of title 20.

(b) In general

The Secretary shall establish a program, known as the "Clean Energy Technology University Prize", to award funding for eligible entities to carry out regional and one national clean energy technology prize competitions, under section 3719 of title 15. In carrying out such prize competitions, students shall compete to develop a business model for furthering the commercial application of an innovative clean energy technology.

(c) Training funding

In carrying out this program, the Secretary may provide funding to train participating students in skills needed for the successful commercial application of clean energy technologies, including through virtual training sessions.

(d) Prioritization

In awarding grants under this section, the Secretary shall prioritize awarding grants to eligible entities that work with students at minority-serving institutions.

(e) Coordination

In carrying out this program, the Secretary shall coordinate and partner with other clean energy technology prize competitions. In doing so, the Secretary may develop and disseminate best practices for administering prize competitions under this section.

(f) Report

In accordance with section 16391a of this title, the Secretary shall report annually on the progress and implementation of the program established under section (b).

(g) Evaluation

In 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 on the long-term outcomes of the program established under this section and the progress towards achieving the purposes of the program in subsection (b).

(h) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $1,000,000 for each of fiscal years 2023 through 2027.

(Pub. L. 117–167, div. B, title VI, §10714, Aug. 9, 2022, 136 Stat. 1703.)

§19303. Clean energy technology transfer coordination

(a) In general

The Secretary, acting through the Chief Commercialization Officer established in section 16391(a) of this title, shall support the coordination of relevant technology transfer programs that advance the commercial application of clean energy technologies nationally and across all energy sectors. In particular, the Secretary may support activities to—

(1) facilitate the sharing of information on best practices for successful operation of clean energy technology transfer programs;

(2) coordinate resources and improve cooperation among clean energy technology transfer programs;

(3) facilitate connections between entrepreneurs and start-up companies and the variety of programs related to clean energy technology transfer under the Department; and

(4) facilitate the development of metrics to measure the impact of clean energy technology transfer programs on—

(A) advancing the development, demonstration, and commercial application of clean energy technologies;

(B) increasing the competitiveness of United States in the clean energy sector, including in manufacturing; and

(C) commercial application of clean energy technologies being developed by entrepreneurs from under-represented backgrounds.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out the activities in this section $3,000,000 for each of fiscal years 2023 through 2027.

(Pub. L. 117–167, div. B, title VI, §10715, Aug. 9, 2022, 136 Stat. 1703.)

subpart 2—supporting technology development at the national laboratories

§19311. Lab-Embedded Entrepreneurship Program

(a) In general

The Secretary shall competitively award grants to National Laboratories for the purpose of establishing or supporting Lab-Embedded Entrepreneurship Programs.

(b) Purposes

The 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 fellows

An 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 activities

Each 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) Administration

National 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) Partnerships

In 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) Metrics

The 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) Evaluation

In 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) Coordination

The 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 collaboration

The 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 appropriations

There 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.

(Pub. L. 117–167, div. B, title VI, §10717, Aug. 9, 2022, 136 Stat. 1704.)

§19312. Entrepreneurial leave program

(a) In general

The 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 authority

Directors 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) Licensing

To 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) Report

In 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 ethics

Nothing in this section shall affect existing Federal ethics rules applicable to Federal personnel.

(Pub. L. 117–167, div. B, title VI, §10719, Aug. 9, 2022, 136 Stat. 1707.)

§19313. National Laboratory non-Federal employee outside employment authority

(a) In general

The 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) Requirements

If 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 restrictions

Employees 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 ethics

Nothing in this section shall affect existing Federal ethics rules applicable to Federal personnel.

(Pub. L. 117–167, div. B, title VI, §10720, Aug. 9, 2022, 136 Stat. 1707.)

subpart 3—department of energy modernization

§19321. Special hiring authority for scientific, engineering, and project management personnel

(a) In general

The Under Secretary for Science shall have the authority to—

(1) make appointments of not more than 60 scientific, engineering, and professional personnel, without regard to civil service laws, to assist the Department in meeting specific project or research needs;

(2) fix the basic pay of any employee appointed under this section at a rate to be determined by the Under Secretary at rates not in excess of Level II of the Executive Schedule (EX–II) under section 5311 of title 5 without regard to the civil service laws; and

(3) pay any employee appointed under this section payments in addition to basic pay, except that the total amount of additional payments paid to an employee under this subsection for any 12-month period shall not exceed the lesser of the following amounts:

(A) $25,000.

(B) The amount equal to 25 percent of the annual rate of basic pay of that employee.

(C) The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5.

(b) Term

(1) In general

The term of any employee appointed under this section shall not exceed 3 years unless otherwise authorized in law.

(2) Termination

The Under Secretary for Science shall have the authority to terminate any employee appointed under this section at any time based on performance or changing project or research needs of the Department.

(Pub. L. 117–167, div. B, title VI, §10726, Aug. 9, 2022, 136 Stat. 1710.)