Accelerating Technology Transfer to Advance Innovation for the Nation Act of 2015

“218. Office of Technology Transitions

“(a) In general—There is established an Office of Technology Transitions (referred to in this section as the “Office”), based in Washington, DC, and under the direction of the Technology Transfer Coordinator appointed under section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), to improve the coordination and use of technology transfer resources of the Department.

“(b) Duties—The Office shall—

“(1) improve processes and partnership procedures for technology transfer through—

“(A) within the Department and National Laboratories, the innovative use of existing mechanisms (such as cooperative research and development agreements) 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 activities;

“(B) the streamlining and improvement of the review and approval process at all levels, for existing and future technology transfer agreements (including cooperative research and development agreements) 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 opportunity; and

“(C) in connection with other Federal agencies, other actions that improve the operational efficiency and technology transfer effectiveness of the Department;

“(2) 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 Department;

“(3) administer Lab-Corps in accordance with section 219;

“(4) administer the technology transfer investment initiative in accordance with section 220;

“(5) 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 Laboratories;

“(6) coordinate with the Technology Transfer Working Group established under subsection (d) of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391), to carry out the duties of the Technology Transfer Working Group as described in that subsection;

“(7) 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 subcontract, to enable—

“(A) the third party to have full title, limited title, or partial use of any software or data authored by the Department or National Laboratories, if necessary and applicable; and

“(B) each relevant group to coordinate and cooperate more effectively;

“(8) identify areas to improve processes and cooperation between university, foundation, nonprofit, and industry partners (along with the Department and National Laboratories) to facilitate identification of an effective process that enhances opportunities for technology transfer and commercialization by—

“(A) encouraging and leveraging research and development funds dedicated to complementary projects;

“(B) facilitating streamlined research agreements;

“(C) encouraging cost-effective intellectual property management and fulfilling equal opportunity; and

“(D) minimizing potential for conflicts in a manner that increases the access of participants in Lab-Corps to scientists and engineers of National Laboratories;

“(9) coordinate with the Small Business Innovation Research Program (SBIR) and Small Business Technology Transfer Program (STTR) of the Department—

“(A) to maximize the impact of technology transfer opportunities and activities; and

“(B) to implement strategic changes that are mutually beneficial to the Office and those Programs;

“(10) carry out technology transfer evaluations, measurement, and reporting functions of the Department;

“(11) 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 programs, which shall include a description of—

“(A) the number of jobs created at, and the survival and growth rate of, each start-up business that participated in a technology transfer program, covering a period from the inception of the start-up business to the earlier of—

“(i) 5 years after the inception of the start-up business; or

“(ii) the date of the merger of the start-up business or the acquisition of the start-up business by another company;

“(B) the average time required to complete each phase of cooperative research and development agreements and other technology transfer-related processes;

“(C) the effectiveness of local and regional partnerships; and

“(D) other key metrics determined by the Secretary and the National Nuclear Security Administration;

“(12) collect data regarding the technology transfer activities and programs of the Department (in consultation with the Secretary and the Technology Transfer Working Group established under section 1001(d) of the Energy Policy Act of 2005 (42 U.S.C. 16391(d))), subject to the safeguards, protections, and restrictions on disclosure of information described in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a);

“(13) submit the information described in paragraphs (10), (11), and (15)(A) to—

“(A) the Secretary for inclusion in appropriate required reports to Congress (including the reports required under section 1001(g)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16391(g)(2))); and

“(B) the Secretary of Commerce for inclusion in appropriate required reports to Congress (including the reports required under sections 5(c)(7), 11(g)(2), and 26(n) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(c)(7), 3710(g)(2), 3721(n)));

“(14) consolidate resources and reduce bureaucratic barriers within the Department and become the office responsible for the coordination, planning, monitoring, and implementation of sections 1001, 1002, 1003, and 1004 of title X of the Energy Policy Act of 2005 (42 U.S.C. 16391, 16392, 16393, 16394), to assist the Department and National Laboratories in carrying out technology transfer and small business activities;

“(15) administer the Technology Commercialization Fund established under section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)), including—

“(A) the development of a multiyear plan for the use of the Fund; and

“(B) the coordination with other agencies of the Department on the use of the Fund;

“(16) except as otherwise provided in this Act, carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this Act in accordance with—

“(A) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);

“(B) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.);

“(C) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.);

“(D) the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.);

“(E) chapter 18 of title 35, United States Code (commonly known as the “Bayh-Dole Act”); and

“(F) any other Act under which the Secretary is authorized to carry out the programs, projects, and activities;

“(17) 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 (including parties to cooperative research and development agreements or other similar agreements) including—

“(A) plans for commercialization of technologies developed under an award or agreement;

“(B) business plans;

“(C) technology-to-market plans;

“(D) market studies; and

“(E) cost and performance models;

“(18) connect and coordinate each Office of Research and Technology Applications at the National Laboratories established under section 11(b) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(b)); and

“(19) perform such other duties as are determined appropriate by the Secretary.

“(c) Results of evaluation and analysis

“(1) In general—The Secretary shall use the reviews, evaluations, and reports conducted under this section to improve and enhance—

“(A) the technology transfer programs and activities of the Department; and

“(B) 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 Department.

“(2) National Laboratories

“(A) 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 annually.

“(B) Administration—The evaluation process under this paragraph shall—

“(i) focus on the performance of each National Laboratory individually; and

“(ii) compare the performance of each National Laboratory during the applicable and previous year.

“(d) Authorization of appropriations—There are authorized to be appropriated such sums as are necessary to carry out this section.”