Sec. 205. Outside employment and activities for National Laboratory employees
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The Secretary shall delegate to each Director of a National Laboratory the authority to allow an employee of that National Laboratory, notwithstanding any provision of title 5, United States Code, or any regulation issued under that title— to engage in and receive compensation for outside employment, including providing consulting services, relating to licensing technologies developed at a National Laboratory or an area of expertise of the employee at the National Laboratory; to engage in other outside activities related to the area of expertise of the employee at the National Laboratory; and in the course of that outside employment or activity, to access the National Laboratories under the same contracting mechanisms as nonlaboratory employees and entities, in accordance with appropriate conflict of interest protocols.
If a Director of National Laboratory elects to use the authority delegated under subsection (a), the Director, or a designee, shall— require employees to obtain approval from the Director or the designee prior to engaging in the outside employment or activity described in that subsection; develop and require appropriate conflict of interest protocols for employees that engage in that outside employment or activity; and maintain the authority to terminate an employee engaging in that outside employment or activity if the employee is found to violate the applicable terms of employment, including conflict of interest protocols.
An employee of a National Laboratory engaging in outside employment or activity permitted under subsection
(a)may not, in the course of or due to that outside employment or activity— sacrifice, hamper, or impede the duties of the employee at the National Laboratory; use National Laboratory equipment, property, or resources unless that use is in accordance with a National Laboratory contracting mechanism, such as a cooperative research and development agreement or a strategic partnership project, under which all relevant conflict of interest requirements apply; or use the position of the employee at a National Laboratory to provide an unfair competitive advantage to an outside employer or startup activity. The Secretary shall include in each updated technology transfer execution plan submitted under section 1001(h)(2) of the Energy Policy Act of 2005 ( 42 U.S.C. 16391(h)(2) ) information on the use of the authority delegated under this section.
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Sec. 205
Outside employment and activities for National Laboratory employees
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