Federal · Title 42 — Public Health and Welfare
42 U.S.C. § 18615: Agreements for commercializing technology pilot program
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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. 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. Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). 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. the agreement is a funding agreement (as that term is defined in section 201 of that title); and at least one of the parties to the funding agreement is eligible to receive rights under that chapter. a summary of information relating to the relevant project; the total estimated costs of the project; estimated commencement and completion dates of the project; and other documentation determined to be appropriate by the Secretary. is not in direct competition with the private sector; and 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. The pilot program referred to in subsection (a) shall be extended until September 30, 2019 . assesses the overall effectiveness of the pilot program referred to in subsection (a); identifies opportunities to improve the effectiveness of the pilot program; assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and provides a recommendation regarding the future of the pilot program. 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.
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