View all text of Subchapter I [§ 18611 - § 18615]
§ 18615. Agreements for commercializing technology pilot program
(a) In general
(b) Terms
(c) Eligibility
(1) In general
(2) Agreements with non-Federal entities
(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
(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
(Pub. L. 115–246, title I, § 107, Sept. 28, 2018, 132 Stat. 3132.)