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

submitted 4 years ago by Pub. L. 117-167 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 319 words · no verdicts yet

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National Laboratory directors may let non-federal employees take outside jobs in their field. This includes start-ups using licensed lab technology and paid consulting work. Employees must get approval first and follow conflict-of-interest and ethics rules.

(a) In general. The Secretary must give National Laboratory Directors the authority to let their non-federal employees take outside jobs — including start-up companies built on technology licensed from the Lab and consulting in their area of expertise — and get paid for it, and to do outside work related to their Lab expertise, which may include letting them access the Lab under the same contracting rules that apply to non-Lab people and entities, as long as proper conflict-of-interest rules are followed. (b) Requirements. If a Director uses this authority, the Director (or someone the Director picks) must require employees to disclose outside employment and get approval before starting it; create and require proper conflict-of-interest rules for employees with outside jobs; keep the power to fire employees who break those rules or other terms the Director set; and make sure these programs follow the Department's research security policies, including DOE Order 486.1. (c) Additional restrictions. Employees with outside jobs may not let that outside work get in the way of their Lab duties; use Lab government equipment, property, or resources for the outside work — unless it's done through official Lab contracting arrangements, like Cooperative Research and Development Agreements or Strategic Partnership Projects, where all conflict-of-interest rules apply; or use their Lab position to give their outside employer or start-up an unfair advantage. (d) Federal ethics. Nothing in this section changes the federal ethics rules that already apply to federal employees.
the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-167 · 136 Stat. 1707

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-167 on 2022-08-09.

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