181 
ments with a non-Federal entity, including a non- 
Federal entity already receiving Federal funding 
that will be used to support activities under agree-
ments 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 chap-
ter 18 of title 35, United States Code (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 1 of the parties to the funding 
agreement is eligible to receive rights under 
that chapter. 
(d) SUBMISSION TO SECRETARY.—Each affected di-
rector of a National Laboratory shall submit to the Sec-
retary, 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 
VerDate Sep 11 2014 
05:44 Apr 18, 2015
Jkt 049200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H1806.IH
H1806
SSpencer on DSK4SPTVN1PROD with BILLS
182 
(4) other documentation determined to be ap-
propriate 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 appar-
ent conflict of interest, and avoids or neutralizes any 
actual conflict of interest, as a result of the agree-
ment under this section. 
(f) EXTENSION.—The pilot program referred to in 
subsection (a) shall be extended until October 31, 2017. 
(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 Na-
tional Laboratories, shall submit to the Committee 
on Science, Space, and Technology of the House of 
Representatives and the Committee on Energy and 
Natural Resources of the Senate a report that— 
(A) assesses the overall effectiveness of the 
pilot program referred to in subsection (a); 
VerDate Sep 11 2014 
05:44 Apr 18, 2015
Jkt 049200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H1806.IH
H1806
SSpencer on DSK4SPTVN1PROD with BILLS
183 
(B) identifies opportunities to improve the 
effectiveness of the pilot program; 
(C) assesses the potential for program ac-
tivities 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 coordi-
nation with directors of the National Laboratories, 
shall submit to the Committee on Science, Space, 
and Technology of the House of Representatives and 
the Committee on Energy and Natural Resources of 
the Senate 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. 
SEC. 722. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMER-
CIALIZATION. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary shall delegate to directors of the National 
Laboratories signature authority with respect to any 
agreement described in subsection (b) the total cost of 
VerDate Sep 11 2014 
05:44 Apr 18, 2015
Jkt 049200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H1806.IH
H1806
SSpencer on DSK4SPTVN1PROD with BILLS
184 
which (including the National Laboratory contributions 
and project recipient cost share) is less than $1,000,000. 
(b) AGREEMENTS.—Subsection (a) applies to— 
(1) a cooperative research and development 
agreement; 
(2) a non-Federal work-for-others agreement; 
and 
(3) any other agreement determined to be ap-
propriate by the Secretary, in collaboration with the 
directors of the National Laboratories. 
(c) ADMINISTRATION.— 
(1) ACCOUNTABILITY.—The director of the af-
fected National Laboratory and the affected con-
tractor shall carry out an agreement under this sec-
tion in accordance with applicable policies of the De-
partment, including by ensuring that the agreement 
does not compromise any national security, eco-
nomic, or environmental interest of the United 
States. 
(2) CERTIFICATION.—The director of the af-
fected National Laboratory and the affected con-
tractor shall certify that each activity carried out 
under a project for which an agreement is entered 
into under this section does not present, or mini-
mizes, any apparent conflict of interest, and avoids 
VerDate Sep 11 2014 
05:44 Apr 18, 2015
Jkt 049200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H1806.IH
H1806
SSpencer on DSK4SPTVN1PROD with BILLS
185 
or neutralizes any actual conflict of interest, as a re-
sult of the agreement under this section. 
(3) AVAILABILITY OF RECORDS.—On entering 
an agreement under this section, the director of a 
National Laboratory shall submit to the Secretary 
for monitoring and review all records of the National 
Laboratory relating to the agreement. 
(4) RATES.—The director of a National Lab-
oratory may charge higher rates for services per-
formed under a partnership agreement entered into 
pursuant to this section, regardless of the full cost 
of recovery, if such funds are used exclusively to 
support further research and development activities 
at the respective National Laboratory. 
(d) EXCEPTION.—This section does not apply to any 
agreement with a majority foreign-owned company. 
(e) CONFORMING AMENDMENT.—Section 12 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710a) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively, 
and indenting the subparagraphs appropriately; 
(B) by striking ‘‘Each Federal agency’’ 
and inserting the following: 
VerDate Sep 11 2014 
05:44 Apr 18, 2015
Jkt 049200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H1806.IH
H1806
SSpencer on DSK4SPTVN1PROD with BILLS