42 U.S.C. § 18615 — Agreements for commercializing technology pilot program

(a) In general — The Secretary must carry out the Department's "Agreements for Commercializing Technology" pilot program, following the version the Secretary announced on December 8, 2011, and in line with the rules in this section. (b) Terms — Under each agreement made through this pilot program, the contractor running the relevant National Laboratory gets, to whatever extent the Secretary decides is appropriate, greater freedom to negotiate contract terms. This can include things like intellectual property rights, how payments are structured, performance guarantees, and agreements involving multiple parties. (c) Eligibility (1) In general — Any director of a National Laboratory may enter into an agreement under this pilot program. (2) Agreements with non-Federal entities — The Secretary must let National Laboratory directors sign agreements with non-federal partners — including partners that already receive federal funding — as long as that funding is used only to carry out the purposes of the federal award. (3) Restriction — If the agreement counts as a "funding agreement" under the Bayh-Dole Act (title 35, chapter 18) and at least one party to it is eligible for rights under that law, then the Bayh-Dole Act's requirements apply to the agreement. (d) Submission to Secretary — For each agreement made under this section, the National Laboratory director involved must send the Secretary: (1) a summary of information about the project; (2) the project's total estimated costs; (3) when the project is expected to start and finish; and (4) any other documentation the Secretary decides is appropriate. (e) Certification — The Secretary must require the National Laboratory's contractor to certify, for each project carried out under an agreement, that the activity: (1) does not directly compete with the private sector; and (2) does not create — or at least minimizes and neutralizes — any conflict of interest arising from the agreement. (f) Extension — The pilot program described in subsection (a) is extended until September 30, 2019. (g) Reports (1) Overall assessment — No later than 60 days after the date described in subsection (f), the Secretary, working with the National Laboratory directors, must send Congress (the appropriate committees) a report that: (A) assesses how effective the pilot program has been overall; (B) points out ways to make the program more effective; (C) assesses whether the program's activities could interfere with the National Laboratories' responsibilities to the Department; and (D) recommends what should happen to the pilot program going forward. (2) Transparency — The Secretary, working with the National Laboratory directors, must also send Congress an annual report accounting for every instance of a non-federal entity using money from a federal contract or award to carry out agreements under this section, along with a justification for each.