§18615 Agreements for commercializing technology pilot program

Summary

The Secretary must run the Department’s Agreements for Commercializing Technology pilot program announced on December 8, 2011, and do so under the rules below. The program lets National Laboratory contractors get more power to set contract details like who owns inventions, how payments work, performance promises, and teaming with others. Lab directors may make deals with non‑Federal partners, even partners already getting Federal money, as long as that money is only used for the Federal award’s purposes. The Bayh‑Dole Act rules apply when the deal is a funding agreement and a party is eligible for rights under that law. Each lab director must give the Secretary a short project summary, the estimated total cost, start and end dates, and any other papers the Secretary asks for. The contractor must certify the work is not directly competing with private industry and avoids or reduces conflicts of interest. The pilot is extended until September 30, 2019. Within 60 days after that date, the Secretary and lab directors must report to Congress on how well the pilot worked, ways to improve it, any interference with lab duties, and a recommendation about the program’s future. They must also send yearly reports explaining any use of Federal contract or award funds by non‑Federal partners under these agreements.