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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 19313 National Laboratory non-Federal employee outside employment authority us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 163 RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION 19313 42 U.S.C. § 19313 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s19313 data/legal/raw/us/code/title-42/usc42.xml feae7b9724ab4958a04cff93da1f3ad9cf82b42ccee59f040b1617b755bd45e8 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e ed8a93335cbf5a349e9e7caef04219e5b6bc53040a1f8361dc852511a0631c51 2026-07-04 official
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42 U.S.C. § 19313 - National Laboratory non-Federal employee outside employment authority

Text

(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 Departments 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. 117167, div. B, title VI, § 10720, Aug. 9, 2022, 136 Stat. 1707.)