Title 42, The Public Health and WelfareRelease 119-110

§18615 Agreements for Commercializing Technology Pilot Program

Title 42 › CHAPTER 161 — DEPARTMENT OF ENERGY RESEARCH AND INNOVATION › SUBCHAPTER I — LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER › § 18615

Last updated Sep 22, 2026|Official source

Summary

The Secretary must run a pilot program called Agreements for Commercializing Technology, as announced on December 8, 2011, and must follow the rules in this law. Lab directors may sign agreements that give their lab contractors more power to set contract terms. That can include decisions about intellectual property, payment plans, performance promises, and teaming with other parties. Lab directors may make deals with non-Federal groups, even groups already getting Federal money, as long as that money is used only for the federal award’s purpose. If a deal is a “funding agreement” and one party can get rights under the Bayh-Dole Act, then Bayh-Dole rules apply. For each agreement, the lab director must send the Secretary a project summary, the total cost estimate, start and end dates, and any other papers the Secretary asks for. Contractors must certify the work won’t directly compete with the private sector and that conflicts of interest are avoided or fixed. The pilot was extended until September 30, 2019. Within 60 days after that date the Secretary must report to Congress on how well the pilot worked, ways to improve it, whether it interfered with lab duties, and whether it should continue. The Secretary must also give yearly reports on non-Federal groups using Federal funds to carry out these agreements.

Full Legal Text

Title 42, §18615

The Public Health and Welfare, Source: USLM XML via OLRC

(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)

(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)

(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 18615

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110