Title 42, The Public Health and WelfareRelease 119-110

§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 Sep 22, 2026|Official source

Summary

The Secretary gives National Laboratory Directors the power to let non‑Federal staff take outside jobs. That includes starting companies based on lab technology and consulting. Directors can also let those employees do outside‑related work at the lab and let them use the lab under the same contracting routes as outside partners, if conflict‑of‑interest rules are followed. If a Director uses this power, employees must tell and get approval from the Director before starting outside work. The Director must make conflict‑of‑interest rules, can fire workers who break those rules, and must follow the Department’s research security policies, including DOE Order 486.1. Outside work must not interfere with lab duties, may not use lab equipment or resources except under contracting mechanisms (such as Cooperative Research and Development Agreements or Strategic Partnership Projects) with conflicts rules, and may not give an unfair business advantage. Federal ethics rules still apply.

Full Legal Text

Title 42, §19313

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

(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 19313

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110