,,ii #aadth ,,congress #ast ,session ,s4 #bbhg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ag1 #bjae,mr4 ,udall 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 #bjae or the ,,attain ,act of #bjae4 #b4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #c4 ,office of ,technology ,transitions 7a7 ,in general ,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 ,technology ,transitions 7a7 ,in general ,there is established an ,office of ,technology ,transitions 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 coordination and use of technology transfer resources of the ,department4 7b7 ,duties ,the ,office shall-- 7#a7 improve processes 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 to improve the ability of the ,department and ,national ,laboratories to contract 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 administer ,lab-,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 increasing coordination and use of those programs across the ,department and ,national ,laboratories2 7#f7 coordinate with the ,technology ,transfer ,working ,group established under subsection 7d7 of section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia71 to carry out the duties of the ,technology ,transfer ,working ,group as described in that subsection2 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 identify areas to improve processes and cooperation between university1 foundation1 nonprofit1 and industry partners 7along with the ,department and ,national ,laboratories7 to facilitate identification of an effective process that enhances opportunities for technology transfer and commercialization by-- 7,a7 encouraging and leveraging research and development funds dedicated to complementary projects2 7,b7 facilitating streamlined research agreements2 7,c7 encouraging cost-effective intellectual property management and fulfilling equal opportunity2 and 7,d7 minimizing potential for conflicts in a manner that increases the access of participants in ,lab-,corps to scientists and engineers of ,national ,laboratories2 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 a biennial evaluation of the progress and impact of the ,office that includes information relating to the economic impact of businesses that participated in technology transfer programs1 which shall include a description of-- 7,a7 the number of jobs created at1 and the survival and growth rate of1 each start-up business that participated in a technology transfer program1 covering a period from the inception of the start-up business to the earlier of-- 7i7 #e years after the inception of the start-up business2 or 7ii7 the date of the merger of the start-up business or the acquisition of the start-up business by another company2 7,b7 the average time required to complete each phase of cooperative research and development agreements and other technology transfer-related processes2 7,c7 the effectiveness of local and regional partnerships2 and 7,d7 other key metrics determined by the ,secretary and the ,national ,nuclear ,security ,administration2 7#ab7 collect data regarding the technology transfer activities and programs of the ,department 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 the safeguards1 protections1 and restrictions on disclosure of information described in section #ab of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a72 7#ac7 submit the information described in paragraphs 7#aj71 7#aa71 and 7#ae77;,a7 to-- 7,a7 the ,secretary for inclusion in appropriate required reports to ,congress 7including the reports required under section #ajja7;g77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;g77#b7772 and 7,b7 the ,secretary of ,commerce for inclusion in appropriate required reports to ,congress 7including the reports required under sections #e7;c77#g71 #aa7;g77#b71 and #bf7n7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjd7;c77#g71 #cgaj7;g77#b71 #cgba7n7772 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 and 7,b7 the coordination with other agencies of the ,department on the use of the ,fund2 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 7#ag7 recommend to the ,secretary changes in policies to better protect 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 including-- 7,a7 plans for commercialization of technologies developed under an award or agreement2 7,b7 business plans2 7,c7 technology-to-market plans2 7,d7 market studies2 and 7,e7 cost and performance models2 7#ah7 connect and coordinate each ,office of ,research and ,technology ,applications at the ,national ,laboratories established under section #aa7;b7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj7;b772 and 7#ai7 perform such other duties as are determined appropriate by the ,secretary4 7c7 ,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 each ,office of ,research and ,technology ,applications at 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 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 4 7b7 ,conforming changes to ,office of ,technology ,transitions established by ,secretary ,the ,secretary shall conform the ,office of ,technology ,transitions of the ,department 7as in existence on the day before the date of enactment of this ,act7 with section #bah of the ,department of ,energy ,organization ,act 7as added by subsection 7a774 #d4 ,lab-,corps ,title ,,ii of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaca et seq47 7as amended by section #c7;a77 is amended by adding at the end the following3 #bai4 ,lab-,corps 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a ,lab-,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 ,lab-,corps is to invest in-- 7,a7 market assessment2 and 7,b7 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 ,secretary shall establish in the ,lab-,corps 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 ,offices of research and technology applications 7,a7 ,in general ,each team shall be hosted by an ,office of ,research and ,technology ,applications at the ,national ,laboratories established under section #aa7;b7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj7;b774 7,b7 ,duties ,each applicable ,office of ,research and ,technology ,applications 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 ,secretary may establish and participate in technology commercialization challenges4 7#b7 ,administration ,the ,secretary 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 ,lab-,corps are smaller enterprises 7as defined by the ,administrator7 that are located in diverse regional geographic areas established under section #bbj7;d77#c74 7d7 ,coordination 7#a7 ,in general ,the ,office of ,technology ,transitions established by section #bah 7referred to in this subsection as the ,office7 shall work with each ,office of ,research and ,technology ,applications at the ,national ,laboratories-- 7,a7 to develop information sharing and coordinate resources to enable coordination and competition between members of ,lab-,corps teams1 including a coordination platform that leverages 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 ,secretary 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 #e4 ,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 #d7 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 ,technology ,transitions established by section #bah 7referred to in this section as the ,office72 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 ,lab-,corps established under section #bai7;a7 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 ,lab-,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 ,office1 in coordination with the ,lab-,corps established by the ,secretary under section #bai1 shall establish and coordinate regional geographic areas to carry out the ,initiative4 7,b7 ,leverage ,the ,office 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 #f4 ,regional ,engagement and ,research 7a7 ,regional funding partnerships 7#a7 ,definitions ,in this subsection3 7,a7 ,economic development agency ,the term economic development agency has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7,b7 ,regional entity ,the term regional entity means a ,state1 local government1 economic development agency1 or small- or medium-sized business4 7#b7 ,in general ,the ,secretary1 after identifying barriers to the access of regional entities to cooperative research and development agreements1 shall establish policies to increase that access4 7b7 ,post-,graduate research pilot program 7#a7 ,establishment ,the ,secretary shall establish a pilot program1 to be administered through the ,office of ,technology ,transitions 7in coordination with the ,office of ,energy ,efficiency and ,renewable ,energy71 to award grants to post-graduate researchers for the purpose of spinning off and licensing technology4 7#b7 ,grants 7,a7 ,in general ,the ,secretary may award grants under the program established under paragraph 7#a74 7,b7 ,application ,to be eligible for a grant under this paragraph1 an applicant shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7c7 ,university partnerships in management and operating contracts 7#a7 ,in general ,the ,secretary may include1 in a management and operating contract for a ,national ,laboratory1 partnership agreements with institutions of higher education4 7#b7 ,purpose ,the purpose of a partnership described in paragraph 7#a7 is-- 7,a7 to provide incentives to the ,national ,laboratories 7in coordination with technology transfer offices within the ,department and the ,national ,laboratories7 to use technology transfer capabilities within an institution of higher education that enter into a partnership agreement under paragraph 7#a72 and 7,b7 to support graduate and post-graduate researchers at the ,national ,laboratories participating in technology commercialization and entrepreneurship4 7#c7 ,certain costs allowed ,the ,secretary may pay to the contractor of a management and operating contract described in paragraph 7#a7-- 7,a7 compensation for entering into the partnership agreement described in that paragraph2 and 7,b7 the costs of the partnership described in that paragraph4 #g4 ,conforming amendments to the ,energy ,policy ,act of #bjje 7a7 ,cost sharing ,section #ihh7;f7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;f77 is amended-- 7#a7 in paragraph 7#b71 by striking or after the semicolon2 7#b7 in paragraph 7#c77;,b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#d7 activities funded by the ,energy ,technology ,commercialization ,fund under section #ajja7;e77#a77;,a74 4 7b7 ,improved technology transfer of energy technologies ,section #ajja7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;e77 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 7#b7 in paragraph 7#a7 7as so designated71 by striking used to provide and inserting 8used-- 7,a7 to fund the ,lab-,corps established under section #bai of the ,department of ,energy ,organization ,act2 and 7,b7 to provide 2 and 7#c7 by adding at the end the following3 7#b7 ,cost sharing ,the cost-sharing requirements of section #ihh-- 7,a7 do not apply to activities funded by the ,energy ,technology ,commercialization ,fund under paragraph 7#a77;,a72 and 7,b7 apply to matching funds provided by the ,energy ,technology ,commercialization ,fund under paragraph 7#a77;,b74 4 #h4 ,government ,accountability ,office ,report ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report describing-- 7#a7 the results of the projects developed under this ,act or amendments made by this ,act1 including information regarding whether activities carried out under those projects resulted in-- 7,a7 expansion of capabilities at the ,national ,laboratories2 7,b7 increased efficiency of technology transfers2 or 7,c7 an increase in general efficiency of the ,national ,laboratory system2 7#b7 efforts of the ,secretary to promote technology transfer and private sector engagement at the ,national ,laboratories2 and 7#c7 recommendations on ways in which the ,department could improve the activities described in paragraphs 7#a7 and 7#b74