---
kind: "section"
citation: "42 U.S.C. § 19313"
title: "42"
title_heading: "The Public Health and Welfare"
number: "19313"
heading: "National Laboratory non-Federal employee outside employment authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/19313"
units:
  - "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. National Laboratory non-Federal employee outside employment authority

- (a) **In general—** The [Secretary](/usc/42/19291.md?p=8) shall delegate to [Directors](/usc/42/19184.md?p=1) of [National Laboratories](/usc/42/19291.md?p=7) 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](/usc/42/19291.md?p=7) 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](/usc/42/19291.md?p=7) and may allow employees, in their employment capacity at such outside employment, to access the [National Laboratories](/usc/42/19291.md?p=7) under the same contracting mechanisms as non-Laboratory employees and entities, in accordance with appropriate conflict of interest protocols.
- (b) **Requirements—** If a [Director](/usc/42/19184.md?p=1) elects to use the authority granted by [subsection (a)](#a) of this section, the [Director](/usc/42/19184.md?p=1), or their designee, shall—
  - (1) require employees to disclose to and obtain approval from the [Director](/usc/42/19184.md?p=1) 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](/usc/42/19184.md?p=1); and
  - (4) ensure that any such programs or activities are in conformance with the [Department](/usc/42/19291.md?p=2)’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](/usc/42/19291.md?p=7);
  - (2) engage in activities related to outside employment using [National Laboratory](/usc/42/19291.md?p=7) government equipment, property, or resources, unless such activities are performed under [National Laboratory](/usc/42/19291.md?p=7) contracting mechanisms, such as Cooperative Research and Development Agreements or Strategic Partnership [Projects](/usc/42/13641.md?p=2), whereby all conflicts of interest requirements apply; or
  - (3) use their position at a [National Laboratory](/usc/42/19291.md?p=7) 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.)