42 USC 19313 - National Laboratory non-Federal employee outside employment authority

Collapse to view only § 19313. National Laboratory non-Federal employee outside employment authority

§ 19311. Lab-Embedded Entrepreneurship Program
§ 19312. Entrepreneurial leave program
§ 19313. National Laboratory non-Federal employee outside employment authority

§ 19311. Lab-Embedded Entrepreneurship Program

(a) In general

(b) Purposes

An entrepreneurial fellow participating in a program described in subsection (a) shall be provided with—

(1) opportunities for entrepreneurial training, professional development, and exposure to leaders from academia, industry, government, and finance who may serve as advisors to or partners of the fellow;

(2) financial and technical support for research, development, and commercial application activities;

(3) fellowship awards to cover costs of living, health insurance, and travel stipends for the duration of the fellowship; and

(4) any other resources determined appropriate by the Secretary.

(d) Program activities

Each National Laboratory that receives funding under this section shall support entrepreneurial fellows by providing—

(1) access to facilities and expertise within the National Laboratory;

(2) engagement with external stakeholders; and

(3) market and customer development opportunities.

(e) Administration

(f) Partnerships

In carrying out a Lab-Embedded Entrepreneurship Program, a National Laboratory may partner with an external entity, including—

(1) a nonprofit organization;

(2) an institution of higher education;

(3) a federally-owned corporation; or

(4) a consortium of 2 or more entities described in paragraphs (1) through (3).

(g) Metrics

(h) Evaluation

(i) Coordination

(j) Interagency collaboration

(k) Authorization of appropriations

(Pub. L. 117–167, div. B, title VI, § 10717, Aug. 9, 2022, 136 Stat. 1704.)

§ 19312. Entrepreneurial leave program

(a) In general

(b) Termination authority

(d) Report

(e) Federal ethics

(Pub. L. 117–167, div. B, title VI, § 10719, Aug. 9, 2022, 136 Stat. 1707.)

§ 19313. National Laboratory non-Federal employee outside employment authority

(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.

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

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