,,ii #aacth ,,congress #b;d ,session ,s4 #babi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ac1 #bjad ,mr4 ,udall of ,new ,mexico introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,department of ,energy ,organization ,act to improve technology transfer at the ,department of ,energy by reducing bureaucratic barriers to industry1 entrepreneurs1 and small businesses1 as well as ensure that public investments in research and development generate the greatest return on investment for taxpayers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,accelerating ,technology ,transfer to ,advance ,innovation for the ,nation ,act of #bjad or the ,,attain ,act of #bjad4 #b4 ,office of ,advanced ,research1 ,technology ,transfer1 and ,innovation in ,energy ,title ,,ii of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaca et seq47 is amended by adding at the end the following3 #bah4 ,office of ,advanced ,research1 ,technology ,transfer1 and ,innovation in ,energy 7a7 ,in general ,there is established an ,office of ,advanced ,research1 ,technology ,transfer1 and ,innovation in ,energy 7referred to in this section as the ,office71 based in ,washington1 ,,dc1 and under the direction of the ,technology ,transfer ,coordinator appointed under section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 to improve the consolidation1 coordination1 and use of technology transfer resources of the ,department4 7b7 ,duties ,the ,office shall-- 7#a7 improve procurement1 contracting1 and partnership procedures for technology transfer through-- 7,a7 within the ,department and ,national ,laboratories1 the innovative use of existing mechanisms 7such as cooperative research and development agreements7 and the development of new mechanisms 7such as ,agreements for ,commercializing ,technology1 technology investment agreements1 and other transaction authority7 to improve the ability of the ,department and ,national ,laboratories to procure1 contract1 and partner with industry and business to implement technology transfer activities2 7,b7 the streamlining and improvement of the review and approval process at all levels1 for existing and future technology transfer agreements 7including cooperative research and development agreements7 and the use of best practices and process performance improvement evaluation to reduce the time required to enable the technology transfer activities of the ,department and ,national ,laboratories to engage and cooperate with industry and business at the speed of opportunity2 and 7,c7 in connection with other ,federal agencies1 other actions that improve the operational efficiency and technology transfer effectiveness of the ,department2 7#b7 improve the sharing and coordination of technology transfer information and resources through actions such as the establishment of a single website that can be used for technology transfer within the ,department2 7#c7 establish and administer ,t#b-;,corps in accordance with section #bai2 7#d7 administer the technology transfer investment initiative in accordance with section #bbj2 7#e7 improve the effectiveness of small business innovation research programs and small business technology transfer programs by-- 7,a7 strategically aligning topics areas in requests for proposals to compliment research and development capabilities at the ,national ,laboratories and funding opportunity announcements offered by ,department programs through better identification of technology readiness levels or commercialization readiness levels to enable small business success2 and 7,b7 increasing coordination and use of small business innovation research programs and small business technology transfer programs across the ,department and ,national ,laboratories to connect large research and development investments to a strong and well-organized commercialization plan2 7#f7 establish and administer an industry and business technology transfer working group that-- 7,a7 parallels and complements the efforts of the ,national ,laboratory technology working group2 7,b7 shall convene regularly to make recommendations to the ,department and ,national ,laboratories for use to assess capabilities and implement improvements regarding-- 7i7 priorities for commercialization2 7ii7 the assessment of technology targets2 7iii7 the evaluation of the impact of technology transfer activities2 and 7iv7 implementation of technology transfer activities2 and 7,c7 shall carry out technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the ,department1 to evaluate the progress and impact of the technology transfer programs and activities of the ,department and the ,national ,nuclear ,security ,administration2 7#g7 encourage the use of alternative data rights provisions by improving procurements language to enable the ,department and ,national ,laboratories to work with third parties with whom the ,department and ,national ,laboratories have issued a subcontract1 to enable-- 7,a7 the third party to have full title1 limited title1 or partial use of any software or data authored by the ,department or ,national ,laboratories1 if necessary and applicable2 and 7,b7 each relevant group to coordinate and cooperate more effectively2 7#h7 enable a platform or resource that allows existing prenegotiated and express licensing programs to expand intellectual property bundling agreements to encourage university1 foundation1 nonprofit1 and industry partners to present licensable intellectual property 7along with the ,department and ,national ,laboratories7 within a common database1 with-- 7,a7 the database administered by the ,department and database content available to the ,t#b-;,corps teams1 the ,department1 and the ,national ,laboratories2 and 7,b7 the goal of the cooperation being to create an effective process that enhances opportunities for technology transfer and commercialization by-- 7i7 encouraging and leveraging research and development funds dedicated to complementary projects2 7ii7 facilitating streamlined licensing negotiations2 7iii7 encouraging cost-effective intellectual property management and fulfilling equal opportunity2 7iv7 minimizing potential for conflicts in a manner that increases the access of participants in ,t#b-;,corps to scientists and engineers of ,national ,laboratories2 and 7v7 increasing the accessibility of licensable technology across larger numbers of licensees2 7#i7 coordinate with the ,small ,business ,innovation ,research ,program 7,,sbir7 and ,small ,business ,technology ,transfer ,program 7,,sttr7 of the ,department-- 7,a7 to maximize the impact of technology transfer opportunities and activities2 and 7,b7 to implement strategic changes that are mutually beneficial to the ,office and those ,programs2 7#aj7 carry out technology transfer evaluations1 measurement1 and reporting functions of the ,department2 7#aa7 conduct an annual evaluation of the progress and impact of the ,office that-- 7,a7 is conducted through-- 7i7 the working group established under paragraph 7#f72 and 7ii7 technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the ,department2 7,b7 includes information relating to the economic and technology transfer impact of technology transfer programs1 which shall be evaluated based on-- 7i7 the types of employment opportunities created1 based on ,north ,american ,industry ,classification ,system 7,,naics7 employment data2 7ii7 the aggregate amount of follow-on investment2 7iii7 the start-up survival and growth rate2 7iv7 ,department and ,national ,laboratory transactional efficiency for different phases of licensing cooperative research and development agreements and other technology transfer-related processes2 7v7 the effectiveness of local and regional partnerships2 and 7vi7 other key metrics determined by the ,secretary and the ,national ,nuclear ,security ,administration2 7,c7 to the maximum extent practicable1 uses random sampling1 retroactive data1 and other justifiable evaluation methodologies to control the cost and scope of the evaluations and the collection and analysis of data relevant to the metrics described in this paragraph2 and 7,d7 provides for-- 7i7 the continuous monitoring of the fairness and opportunities in the administration of this paragraph2 and 7ii7 an evaluation of-- 7,i7 accessibility2 and 7,,ii7 expectations and limitations relating to employee conflict of interest2 7#ab7 through the working group established under paragraph 7#f7 7in consultation with the ,secretary and the ,technology ,transfer ,working ,group established under section #ajja7;d7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;d7771 subject to subsection 7c71 collect data regarding the technology transfer activities and programs of the ,department2 7#ac7 submit the report described in paragraph 7#aj7 to ,congress and incorporate the findings of that report in the performance evaluation and management plans of each of the ,national ,laboratories2 7#ad7 consolidate resources and reduce bureaucratic barriers within the ,department and become the office responsible for the coordination1 planning1 monitoring1 and implementation of sections #ajja1 #ajjb1 #ajjc1 and #ajjd of title ,x of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia1 #afcib1 #afcic1 #afcid71 to assist the ,department and ,national ,laboratories in carrying out technology transfer and small business activities2 7#ae7 administer the ,technology ,commercialization ,fund established under section #ajja7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;e771 including-- 7,a7 the development of a multiyear plan for the use of the ,fund2 7,b7 the use of the ,fund to carry out the duties of the ,office2 7,c7 the coordination with other agencies of the ,department on the use of the ,fund2 and 7,d7 the submission to ,congress of an annual report that describes use of the ,fund during the preceding year2 7#af7 except as otherwise provided in this ,act1 carry out the research1 development1 demonstration1 and commercial application programs1 projects1 and activities authorized by this ,act in accordance with-- 7,a7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7,b7 the ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd 7#db ,u4,s4,c4 #eija et seq472 7,c7 the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbja et seq472 7,d7 the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgja et seq472 7,e7 chapter #ah of title #ce1 ,united ,states ,code 7commonly known as the ,bayh-,dole ,act72 and 7,f7 any other ,act under which the ,secretary is authorized to carry out the programs1 projects1 and activities2 and 7#ag7 perform such other duties as are determined appropriate by the ,secretary4 7c7 ,protection of information ,the following types of information collected by the ,department or ,national ,laboratories from recipients of financial assistance awards or technology transfer partners 7including parties to cooperative research and development agreements or other similar agreements7 shall be considered privileged and confidential and shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code3 7#a7 ,plans for commercialization of technologies developed under an award or agreement1 including business plans1 technology-to-market plans1 market studies1 and cost and performance models4 7#b7 ,specific investments provided to the recipient of an award or party to an agreement from third parties 7such as venture capital firms1 hedge funds1 and private equity firms71 including the amount of the investment and the percentage of ownership of the award provided in return for the investment1 unless the disclosure is made in an aggregate form that provides anonymity4 7#c7 ,additional financial support that the recipient of an award or party to an agreement-- 7,a7 plans to or has invested into the technology developed under the award or agreement2 or 7,b7 is seeking from third parties4 7#d7 ,revenue from the licensing or sale of new products or services resulting from research conducted under the award or agreement1 unless the disclosure is made in an aggregate form that provides anonymity4 7d7 ,results of evaluation and analysis 7#a7 ,in general ,the ,secretary shall use the reviews1 evaluations1 and reports conducted under this section to improve and enhance-- 7,a7 the technology transfer programs and activities of the ,department2 and 7,b7 the technology transfer offices of the ,national ,laboratories and the ,national ,nuclear ,security ,administration to promote the technology transfer goals of the ,department4 7#b7 ,national ,laboratories 7,a7 ,in general ,the ,department shall work with each ,national ,laboratory to incorporate the evaluation and impact of technology transfer activities in the annual performance evaluation and measurement plan of the ,national ,laboratory to enable significant progress to be rewarded and limited progress to be improved annually4 7,b7 ,administration ,the evaluation process under this paragraph shall-- 7i7 focus on the performance of each ,national ,laboratory individually2 and 7ii7 compare the performance of each ,national ,laboratory during the applicable and previous year4 7e7 ,technology transfer offices 7#a7 ,in general ,each ,national ,laboratory shall establish or maintain1 as applicable1 a technology transfer office for the ,office4 7#b7 ,coordination ,the ,office shall connect and coordinate the technology transfer offices established under this subsection4 7#c7 ,duties ,each technology transfer office shall serve as the regional implementation office for the technology transfer programs of the ,department1 including technology commercialization1 entrepreneurship1 and business development4 4 #c4 ,t-,corps ,title ,,ii of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaca et seq47 7as amended by section #b7 is amended by adding at the end the following3 #bai4 ,t-,corps 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a ,t#b-;,corps1 modeled after the ,i-,corps of the ,national ,science ,foundation1 to support investments in entrepreneurs1 mentors1 and principal investigators4 7#b7 ,goals ,the goal of the ,t#b-;,corps is to invest in technology maturation1 market assessment1 and increasing industry and small business access to intellectual property and core capabilities of the ,department and ,national ,laboratories4 7b7 ,teams 7#a7 ,in general ,the ,office of ,advanced ,research1 ,technology ,transfer1 and ,innovation in ,energy 7including technology transfer offices of the ,office7 7referred to in this section as the ,office7 shall establish teams composed of-- 7,a7 entrepreneurs who possess relevant technical knowledge and a commitment to investigate the commercial applications of technology innovation2 7,b7 mentors who are experienced entrepreneurs1 with technology1 marketing1 commercialization1 or other relevant expertise to assist teams in the development of the team and throughout the learning process in a manner similar to the ,senior ,corps2 and 7,c7 principal investigators who serve as technical lead and project managers4 7#b7 ,competitive process ,each team shall be selected and assembled through a competitive process4 7#c7 ,technology transfer office 7,a7 ,in general ,each team shall be hosted by a technology transfer office4 7,b7 ,duties ,the technology transfer office shall monitor and administer participation in the program in accordance with this section4 7#d7 ,diversity ,the ,secretary shall ensure1 to the maximum extent practicable1 the diversity of teams established under this subsection4 7c7 ,technology commercialization challenges 7#a7 ,in general ,the ,office may establish and participate in technology commercialization challenges4 7#b7 ,administration ,the ,office may use a technology commercialization challenge-- 7,a7 to leverage the core strengths of a ,national ,laboratory and allow the ,national ,laboratory to focus on a specific topic2 and 7,b7 to create collaborative public-private partnerships that address challenges identified by the industry or ,national ,laboratory technology transfer working groups4 7,c7 ,small enterprises ,the ,secretary and the ,administrator of the ,small ,business ,administration shall ensure that at least #hj percent of the businesses participating in the ,t#b-;,corps are smaller enterprises 7as defined by the ,administrator7 that are located in diverse regional geographic areas established under section #bbj7;e77#d74 7d7 ,coordination 7#a7 ,in general ,the ,office shall work with ,national ,laboratory technology transfer offices-- 7,a7 to develop information sharing and coordinate resources to enable coordination and competition between members of ,t#b-;,corps teams1 including a coordination platform that leverage existing elements of social media and networking to connect individuals and teams in the exchange of information and ideas2 and 7,b7 to connect follow on-funding and other resources with successful start-ups through actions such as-- 7i7 inviting successful teams or projects to participate in an alumni network to reinvest in the next generation of start-ups2 and 7ii7 arranging opportunities for successful start-ups to connect with programs that are not administered by the ,department or the ,small ,business ,administration to promote the growth of business4 7#b7 ,nonprofit entities 7,a7 ,in general ,the ,office shall partner with foundations and nonprofit entities with similar technology transfer and entrepreneurship priorities and goals to assist in carrying out this section4 7,b7 ,activities ,the partnerships may be established to carry out-- 7i7 coordination1 planning1 and volunteer activities that do not involve the transfer of funding between partners2 or 7ii7 competitively solicited partnership agreements-- 7,i7 to enable foundations and nonprofit entities to apply for funding to assist in carrying out ,department activities2 or 7,,ii7 to provide funding to augment existing ,department activities relating specifically to common technology transfer and entrepreneurship priorities and goals4 7e7 ,funding ,the ,office may use to carry out this section-- 7#a7 funding made available to carry out-- 7,a7 the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq472 or 7,b7 section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia72 and 7#b7 any other funds that are made available to carry out this section4 4 #d4 ,technology ,transfer ,investment ,initiative ,title ,,ii of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaca et seq47 7as amended by section #c7 is amended by adding at the end the following3 #bbj4 ,technology ,transfer ,investment ,initiative 7a7 ,in general ,the ,secretary and the ,administrator of the ,small ,business ,administration 7referred to in this section as the ,administrator7 shall jointly establish and carry out a ,technology ,transfer ,investment ,initiative 7referred to in this section as the ,initiative74 7b7 ,partnership ,to carry out the ,initiative1 the ,secretary shall enter into a memorandum of understanding with the ,administrator to coordinate a partnership program carried out by-- 7#a7 the ,office of ,advanced ,research1 ,technology ,transfer1 and ,innovation established by section #bah2 and 7#b7 the ,small ,business ,investment ,company 7referred to in this section as ,,sbic7 ,program of the ,small ,business ,administration4 7c7 ,goal ,the goal of the partnership program shall be to leverage the strengths of the ,,sbic program to benefit the ,t#b-;,corps teams completing the ,department program4 7d7 ,technology ,transfer ,investment ,initiative 7#a7 ,selection ,the ,administrator1 in consultation with the ,secretary1 shall solicit ,,sbic participation in the technology transfer investment initiative of the ,small ,business ,administration and the ,department4 7#b7 ,participation ,a ,,sbic that agrees or is selected to participate in technology transfer investment initiative shall-- 7,a7 regularly review proposals created by ,t#b-;,corps teams for possible investment2 7,b7 assess each proposal against the criteria established by the ,,sbic2 and 7,c7 comply with all provisions of law applicable to the ,small ,business ,administration 7including regulations74 7#c7 ,regional geographic areas 7,a7 ,in general ,the ,office established under section #bah 7including ,national ,laboratory technology transfer offices71 in coordination with ,t#b-;,corps established under section #bai1 shall establish and coordinate regional geographic areas to carry out the ,initiative4 7,b7 ,leverage ,the ,office 7including ,national ,laboratory technology transfer offices7 and ,s,b,i,cs shall leverage1 to the maximum extent practicable1 the experience and expertise of local1 ,state1 and regional partners to efficiency and effectively implement the ,initiative4 4