Title 42The Public Health and WelfareRelease 119-73not60

§19313 National Laboratory Non-federal Employee Outside Employment Authority

Title 42 › Chapter 163— RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION › Subchapter VI— MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS › Part H— Energizing Technology Transfer › Subpart 2— supporting technology development at the national laboratories › § 19313

Last updated Apr 5, 2026|Official source

Summary

The Secretary must give National Laboratory directors the power to let non-Federal lab workers take outside jobs, including starting companies based on lab technology or doing paid consulting. Directors can also let those workers do outside work at the lab and let them use the same lab access and contracting routes that outside partners use, if conflict-of-interest rules are followed. If a Director uses this power, the Director or someone they pick must make workers tell them and get approval before taking outside work, set up and enforce conflict-of-interest rules, keep the right to fire workers who break those rules, and make sure the program follows the Department’s research security policies, including DOE Order 486.1. Workers must not let outside work interfere with lab duties, use lab tools or property for outside jobs unless done under official lab contracts like Cooperative Research and Development Agreements or Strategic Partnership Projects with the conflict rules applied, or use their lab role to give an outside employer an unfair advantage. Federal ethics rules for government employees still apply.

Full Legal Text

Title 42, §19313

The Public Health and Welfare — Source: USLM XML via OLRC

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 19313

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60