---
kind: "section"
citation: "42 U.S.C. § 18615"
title: "42"
title_heading: "The Public Health and Welfare"
number: "18615"
heading: "Agreements for commercializing technology pilot program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/18615"
units:
  - "Chapter 161 — Department of Energy Research and Innovation"
  - "Subchapter I — Laboratory Modernization and Technology Transfer"
---

# §18615. Agreements for commercializing technology pilot program

- (a) **In general—** The [Secretary](/usc/42/18601.md?p=4) shall carry out the Agreements for Commercializing Technology pilot program of the [Department](/usc/42/18601.md?p=1), as announced by the [Secretary](/usc/42/18601.md?p=4) 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)](#a) shall provide to the contractor of the applicable [National Laboratory](/usc/42/18601.md?p=3), to the maximum extent determined to be appropriate by the [Secretary](/usc/42/18601.md?p=4), 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](/usc/42/18601.md?p=2) of a [National Laboratory](/usc/42/18601.md?p=3) may enter into an agreement pursuant to the pilot program referred to in [subsection (a)](#a).
  - (2) **Agreements with non-Federal entities—** To carry out [paragraph (1)](#c-1) and subject to [paragraph (3)](#c-3), the [Secretary](/usc/42/18601.md?p=4) shall permit the [directors](/usc/42/18601.md?p=2) of the [National Laboratories](/usc/42/18601.md?p=3) 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)](#c-1), provided that such funding is solely used to carry out the purposes of the Federal award.
  - (3) **Restriction—** The requirements of [chapter 18](/usc/35/chptII/ch18.md) 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](/usc/42/201.md) 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](/usc/42/18601.md?p=2) of a [National Laboratory](/usc/42/18601.md?p=3) shall submit to the [Secretary](/usc/42/18601.md?p=4), with respect to each agreement entered into under this section—
  - (1) a summary of information relating to the relevant [project](/usc/42/13641.md?p=2);
  - (2) the total estimated costs of the [project](/usc/42/13641.md?p=2);
  - (3) estimated commencement and completion dates of the [project](/usc/42/13641.md?p=2); and
  - (4) other documentation determined to be appropriate by the [Secretary](/usc/42/18601.md?p=4).
- (e) **Certification—** The [Secretary](/usc/42/18601.md?p=4) shall require the contractor of the affected [National Laboratory](/usc/42/18601.md?p=3) to certify that each activity carried out under a [project](/usc/42/13641.md?p=2) 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)](#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)](#f), the [Secretary](/usc/42/18601.md?p=4), in coordination with [directors](/usc/42/18601.md?p=2) of the [National Laboratories](/usc/42/18601.md?p=3), 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)](#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](/usc/42/18601.md?p=3) to the [Department](/usc/42/18601.md?p=1); and
    - (D) provides a recommendation regarding the future of the pilot program.
  - (2) **Transparency—** The [Secretary](/usc/42/18601.md?p=4), in coordination with [directors](/usc/42/18601.md?p=2) of the [National Laboratories](/usc/42/18601.md?p=3), 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.

## Source credit

(Pub. L. 115–246, title I, § 107, Sept. 28, 2018, 132 Stat. 3132.)