§18615. Agreements for commercializing technology pilot program
(a) In general
The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section.
(b) Terms
Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations.
(c) Eligibility
(1) In general
Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a).
(2) Agreements with non-Federal entities
To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award.
(3) Restriction
The requirements of chapter 18 of title 35 (commonly known as the "Bayh-Dole Act") shall apply if-
(A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and
(B) at least one of the parties to the funding agreement is eligible to receive rights under that chapter.
(d) Submission to Secretary
Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section-
(1) a summary of information relating to the relevant project;
(2) the total estimated costs of the project;
(3) estimated commencement and completion dates of the project; and
(4) other documentation determined to be appropriate by the Secretary.
(e) Certification
The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-
(1) is not in direct competition with the private sector; and
(2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section.
(f) Extension
The pilot program referred to in subsection (a) shall be extended until September 30, 2019.
(g) Reports
(1) Overall assessment
Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the appropriate committees of Congress a report that-
(A) assesses the overall effectiveness of the pilot program referred to in subsection (a);
(B) identifies opportunities to improve the effectiveness of the pilot program;
(C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and
(D) provides a recommendation regarding the future of the pilot program.
(2) Transparency
The Secretary, in coordination with directors of the National Laboratories, shall submit to the appropriate committees of Congress an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section.
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