Domestic Guest Researchers
Sections
5.13.05 Numbers and Names of Forms Used
5.13.06 Conditions for Acceptance
5.13.07 Intellectual Property and Proprietary Information
Appendix A - Administrative Procedures for Domestic Guest Researchers
Appendix C - Use of the Emeritus Title
5.13.01
PURPOSE
This subchapter states NIST policies and procedures for domestic guest
researchers, the conditions under which domestic guest researchers may
be invited to work at NIST, and the responsibilities of NIST organizational
units.
5.13.02
SCOPE
The policies and procedures outlined in this subchapter apply to all
NIST employees and to domestic guest researchers.
5.13.03
POLICY
NIST makes its facilities available for limited periods of time to
a domestic guest researcher to collaborate with NIST on research and development
projects of mutual interest or to transfer NIST "know-how," methodologies,
procedures, and best practices. NIST provides neither direct salary nor
subsistence support to a domestic guest reseacher.
5.13.04
DEFINITION
A domestic guest researcher is a technically qualified U.S. citizen
who is not a NIST employee, who collaborates with NIST on research projects
of mutual interest, or conducts research on behalf of NIST via a NIST funding
agreement. A domestic guest researcher may be an employee of another federal
agency, state or local government, profit or nonprofit organization, self-employed,
or sponsored by an organization. Domestic guest researchers work at NIST
under the auspices of Form NIST-1296, Domestic Guest Researcher Agreement,
and in addition, in some cases, a NIST funding agreement (such as a contract,
grant/fellowship, cooperative agreement, or simplified acquisition) with
a U.S. organization (profit or nonprofit).
5.13.05
NUMBERS AND NAMES OF FORMS USED
Form NIST-351, Request for ID Card/Pass
Form NIST-458, NIST ID Card/Pass
Form NIST-1085, Request for Security Assurance
Form NIST-1174, Authorization for Out-of-Hours Admittance
Form NIST-1197, Orientation Checklist for Employees/Nonemployees
Form NIST-1217, Notification of Arrival and Departure
Form NIST-1221, Telecommunications Service Request and Directory Information
Form NIST/BL-1221, Telecommunications Service Request and Directory
Information
Form NIST-1251, Hazardous Materials Clearance for Nonemployees
Form NIST-1296, Domestic Guest Researcher Agreement
Form CD-126, Separation Clearance Certificate
Form CD-165, Admittance to Department of Commerce Facilities During
Security Hours
Form CD-240, Invention Disclosure and Rights Questionnaire
OFI Form 86C, Special Agreement Checks (SAC)
OFI Form 86C (Attachment), Authorization for Release of Information
Form FD-258, Fingerprint Chart (Applicant)
5.13.06
CONDITIONS FOR ACCEPTANCE
A domestic guest researcher is accepted after Form NIST-1296 is approved.
A domestic guest researcher (1) can begin research regardless of the length
of stay only after all parties sign Form NIST-1296, (2) cannot perform
the work of a NIST employee, (3) can only work under the technical guidance
of the designated NIST host, and (4) must meet all security requirements.
Those with an approved security assurance may be granted unescorted out-of-hours
access.
5.13.07
INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION
a. A domestic guest researcher agrees to promptly report to NIST, using
Form CD-240, Invention Disclosure and Rights Questionnaire, any inventions
conceived or made during the course of a project.
b. For domestic guest researchers, joint inventions are jointly owned. Sole inventions are owned by the inventing party. NIST reserves the right to a nonexclusive, nontransferable, irrevocable, paid-up licence to practice or have practiced for on behalf of the United States Government any subject invention throughout the world. Software and data prepared by NIST employees and software and data prepared jointly by NIST employees and the domestic guest researcher are not subject to copyright in the United States pursuant to Section 105 of Title 17 of the United States Code.
c. Domestic guest researchers may not participate in CRADA's, intramural
ATP projects, or in other NIST activities involving proprietary information.
An exception may be granted, if appropriate, after review and approval
by the NIST Deputy Chief Counsel, OU Director, and the Office of Technology
Partnerships (OTP) and written approval by the CRADA partner, ATP, or the
owner of the proprietary information. (See Subchapter 5.08.)
5.13.08
RESPONSIBILITIES
a. Domestic Guest Researcher - Provides necessary information
to complete Form NIST-1296, OFI Form 86C, Special Agreement Checks (SAC);
OFI Form 86C (Attachment), Authorization for Release of Information; Form
NIST-1085, Request for Security Assurance; Release - Fair Credit Reporting
Act; Form FD-258, Fingerprint Chart (Applicant); signs Form NIST-1296;
and after arrival, receives an entrance briefing and employee orientation
(Form NIST-1197, Orientation Checklist for Employees/Nonemployees) from
the NIST host division; may participate in an orientation provided by the
Human Resources Management Division; and obeys all federal employee conduct
rules (Executive Order 12674 and CFR Part 2635).
b. Host Division - Adheres to the appointment and adminstrative procedures applicable to the NIST Domestic Guest Researcher Program; defines the research objectives and schedule of work; processes Form NIST-1296; for domestic guest researchers under funding agreements, verifies the type and agreement number; forwards Form NIST-1296 to the OU for approval; processes the request for security assurance; if delegated by the OU, ensures data input into the nonemployee database; provides entrance briefing and safety orientation to the domestic guest researcher (Form NIST-1197); ensures that the needs of the domestic guest researcher are met during the stay at NIST, including the assignment of a NIST host; and informs the domestic guest researcher of their obligation to conform to the rules of conduct applicable to NIST employees. The NIST host provides technical guidance to the domestic guest researcher and serves as the principal investigator for projects involving the domestic guest researcher that require human or animal subject approvals.
c. Operating Unit - Reviews Form NIST-1296 for suitability and acceptance in accordance with the criteria defined in this subchapter; reviews and approves the description of work to be performed by the domestic guest researcher; enters the data into the nonemployee database; and forwards Form NIST-1296 to OTP.
d. Office of Technology Partnerships - Manages the Domestic Guest Researcher Program at NIST; reviews and negotiates modifications to Form NIST-1296; approves/signs Form NIST-1296; responds to inquiries concerning the Domestic Guest Researcher Program; serves as a repository for Form NIST-1296; and maintains a database for domestic guest researchers.
e. Security Office (Gaithersburg and Boulder) - Reviews security request for completeness and accuracy and forwards to the Office of Personnel Management (OPM); approves request for out-of-hours access upon satisfactory completion of a security assurance; approves the issuance of Form NIST-458, NIST ID Card/Pass; approves request for key(s); and notifies the appropriate NIST host division regarding security assurance actions. At Boulder, the MASC Security Office provides the same services as in Gaithersburg except that Form NIST-458, ID Card/Pass, is not issued.