[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2129 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2129

     To amend the Department of Energy Organization Act to improve 
      technology transfer at the Department of Energy by reducing 
bureaucratic barriers to industry, entrepreneurs, and small businesses, 
 as well as ensure that public investments in research and development 
generate the greatest return on investment for taxpayers, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2014

 Mr. Udall of New Mexico introduced the following bill; 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 industry, entrepreneurs, and small businesses, 
 as well as ensure that public investments in research and development 
generate the greatest return on investment for taxpayers, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accelerating Technology Transfer to 
Advance Innovation for the Nation Act of 2014'' or the ``ATTAIN Act of 
2014''.

SEC. 2. OFFICE OF ADVANCED RESEARCH, TECHNOLOGY TRANSFER, AND 
              INNOVATION IN ENERGY.

    Title II of the Department of Energy Organization Act (42 U.S.C. 
7131 et seq.) is amended by adding at the end the following:

``SEC. 218. OFFICE OF ADVANCED RESEARCH, TECHNOLOGY TRANSFER, AND 
              INNOVATION IN ENERGY.

    ``(a) In General.--There is established an Office of Advanced 
Research, Technology Transfer, and Innovation in Energy (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 consolidation, coordination, and use of technology 
transfer resources of the Department.
    ``(b) Duties.--The Office shall--
            ``(1) improve procurement, contracting, 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 (such 
                as Agreements for Commercializing Technology, 
                technology investment agreements, and other transaction 
                authority) to improve the ability of the Department and 
                National Laboratories to procure, 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) establish and administer T<SUP>2</SUP>-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--
                    ``(A) 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 success; and
                    ``(B) 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 plan;
            ``(6) establish and administer an industry and business 
        technology transfer working group that--
                    ``(A) parallels and complements the efforts of the 
                National Laboratory technology working group;
                    ``(B) shall convene regularly to make 
                recommendations to the Department and National 
                Laboratories for use to assess capabilities and 
                implement improvements regarding--
                            ``(i) priorities for commercialization;
                            ``(ii) the assessment of technology 
                        targets;
                            ``(iii) the evaluation of the impact of 
                        technology transfer activities; and
                            ``(iv) implementation of technology 
                        transfer activities; and
                    ``(C) shall carry out technology transfer peer 
                reviews that are similar to professional peer reviews 
                conducted by other agencies of the Department, to 
                evaluate the progress and impact of the technology 
                transfer programs and activities of the Department and 
                the National Nuclear Security Administration;
            ``(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) enable a platform or resource that allows existing 
        prenegotiated and express licensing programs to expand 
        intellectual property bundling agreements to encourage 
        university, foundation, nonprofit, and industry partners to 
        present licensable intellectual property (along with the 
        Department and National Laboratories) within a common database, 
        with--
                    ``(A) the database administered by the Department 
                and database content available to the T<SUP>2</SUP>-
                Corps teams, the Department, and the National 
                Laboratories; and
                    ``(B) the goal of the cooperation being to create 
                an effective process that enhances opportunities for 
                technology transfer and commercialization by--
                            ``(i) encouraging and leveraging research 
                        and development funds dedicated to 
                        complementary projects;
                            ``(ii) facilitating streamlined licensing 
                        negotiations;
                            ``(iii) encouraging cost-effective 
                        intellectual property management and fulfilling 
                        equal opportunity;
                            ``(iv) minimizing potential for conflicts 
                        in a manner that increases the access of 
                        participants in T<SUP>2</SUP>-Corps to 
                        scientists and engineers of National 
                        Laboratories; and
                            ``(v) increasing the accessibility of 
                        licensable technology across larger numbers of 
                        licensees;
            ``(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 an annual evaluation of the progress and 
        impact of the Office that--
                    ``(A) is conducted through--
                            ``(i) the working group established under 
                        paragraph (6); and
                            ``(ii) technology transfer peer reviews 
                        that are similar to professional peer reviews 
                        conducted by other agencies of the Department;
                    ``(B) includes information relating to the economic 
                and technology transfer impact of technology transfer 
                programs, which shall be evaluated based on--
                            ``(i) the types of employment opportunities 
                        created, based on North American Industry 
                        Classification System (NAICS) employment data;
                            ``(ii) the aggregate amount of follow-on 
                        investment;
                            ``(iii) the start-up survival and growth 
                        rate;
                            ``(iv) Department and National Laboratory 
                        transactional efficiency for different phases 
                        of licensing cooperative research and 
                        development agreements and other technology 
                        transfer-related processes;
                            ``(v) the effectiveness of local and 
                        regional partnerships; and
                            ``(vi) other key metrics determined by the 
                        Secretary and the National Nuclear Security 
                        Administration;
                    ``(C) to the maximum extent practicable, uses 
                random sampling, retroactive data, 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 paragraph; and
                    ``(D) provides for--
                            ``(i) the continuous monitoring of the 
                        fairness and opportunities in the 
                        administration of this paragraph; and
                            ``(ii) an evaluation of--
                                    ``(I) accessibility; and
                                    ``(II) expectations and limitations 
                                relating to employee conflict of 
                                interest;
            ``(12) through the working group established under 
        paragraph (6) (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 subsection (c), collect data regarding the 
        technology transfer activities and programs of the Department;
            ``(13) submit the report described in paragraph (10) to 
        Congress and incorporate the findings of that report in the 
        performance evaluation and management plans of each of the 
        National Laboratories;
            ``(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;
                    ``(B) the use of the Fund to carry out the duties 
                of the Office;
                    ``(C) the coordination with other agencies of the 
                Department on the use of the Fund; and
                    ``(D) the submission to Congress of an annual 
                report that describes use of the Fund during the 
                preceding year;
            ``(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; and
            ``(17) perform such other duties as are determined 
        appropriate by the Secretary.
    ``(c) 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 (including parties to cooperative research and development 
agreements or other similar agreements) shall be considered privileged 
and confidential and shall not be subject to disclosure under section 
552 of title 5, United States Code:
            ``(1) Plans for commercialization of technologies developed 
        under an award or agreement, including business plans, 
        technology-to-market plans, market studies, and cost and 
        performance models.
            ``(2) Specific investments provided to the recipient of an 
        award or party to an agreement from third parties (such as 
        venture capital firms, hedge funds, and private equity firms), 
        including the amount of the investment and the percentage of 
        ownership of the award provided in return for the investment, 
        unless the disclosure is made in an aggregate form that 
        provides anonymity.
            ``(3) Additional financial support that the recipient of an 
        award or party to an agreement--
                    ``(A) plans to or has invested into the technology 
                developed under the award or agreement; or
                    ``(B) is seeking from third parties.
            ``(4) Revenue from the licensing or sale of new products or 
        services resulting from research conducted under the award or 
        agreement, unless the disclosure is made in an aggregate form 
        that provides anonymity.
    ``(d) 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) the technology transfer offices of 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.
    ``(e) Technology Transfer Offices.--
            ``(1) In general.--Each National Laboratory shall establish 
        or maintain, as applicable, a technology transfer office for 
        the Office.
            ``(2) Coordination.--The Office shall connect and 
        coordinate the technology transfer offices established under 
        this subsection.
            ``(3) Duties.--Each technology transfer office shall serve 
        as the regional implementation office for the technology 
        transfer programs of the Department, including technology 
        commercialization, entrepreneurship, and business 
        development.''.

SEC. 3. T\2\-CORPS.

    Title II of the Department of Energy Organization Act (42 U.S.C. 
7131 et seq.) (as amended by section 2) is amended by adding at the end 
the following:

``SEC. 219. T\2\-CORPS.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall establish a 
        T<SUP>2</SUP>-Corps, modeled after the I-Corps of the National 
        Science Foundation, to support investments in entrepreneurs, 
        mentors, and principal investigators.
            ``(2) Goals.--The goal of the T<SUP>2</SUP>-Corps is to 
        invest in technology maturation, market assessment, and 
        increasing industry and small business access to intellectual 
        property and core capabilities of the Department and National 
        Laboratories.
    ``(b) Teams.--
            ``(1) In general.--The Office of Advanced Research, 
        Technology Transfer, and Innovation in Energy (including 
        technology transfer offices of the Office) (referred to in this 
        section as the `Office') shall establish teams composed of--
                    ``(A) entrepreneurs who possess relevant technical 
                knowledge and a commitment to investigate the 
                commercial applications of technology innovation;
                    ``(B) mentors who are experienced entrepreneurs, 
                with technology, marketing, commercialization, 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 Corps; and
                    ``(C) principal investigators who serve as 
                technical lead and project managers.
            ``(2) Competitive process.--Each team shall be selected and 
        assembled through a competitive process.
            ``(3) Technology transfer office.--
                    ``(A) In general.--Each team shall be hosted by a 
                technology transfer office.
                    ``(B) Duties.--The technology transfer office shall 
                monitor and administer participation in the program in 
                accordance with this section.
            ``(4) Diversity.--The Secretary shall ensure, to the 
        maximum extent practicable, the diversity of teams established 
        under this subsection.
    ``(c) Technology Commercialization Challenges.--
            ``(1) In general.--The Office may establish and participate 
        in technology commercialization challenges.
            ``(2) Administration.--The Office may use a technology 
        commercialization challenge--
                    ``(A) to leverage the core strengths of a National 
                Laboratory and allow the National Laboratory to focus 
                on a specific topic; and
                    ``(B) to create collaborative public-private 
                partnerships that address challenges identified by the 
                industry or National Laboratory technology transfer 
                working groups.
                    ``(C) Small enterprises.--The Secretary and the 
                Administrator of the Small Business Administration 
                shall ensure that at least 80 percent of the businesses 
                participating in the T<SUP>2</SUP>-Corps are smaller 
                enterprises (as defined by the Administrator) that are 
                located in diverse regional geographic areas 
                established under section 220(e)(4).
    ``(d) Coordination.--
            ``(1) In general.--The Office shall work with National 
        Laboratory technology transfer offices--
                    ``(A) to develop information sharing and coordinate 
                resources to enable coordination and competition 
                between members of T<SUP>2</SUP>-Corps teams, including 
                a coordination platform that leverage existing elements 
                of social media and networking to connect individuals 
                and teams in the exchange of information and ideas; and
                    ``(B) to connect follow on-funding and other 
                resources with successful start-ups through actions 
                such as--
                            ``(i) inviting successful teams or projects 
                        to participate in an alumni network to reinvest 
                        in the next generation of start-ups; and
                            ``(ii) 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 business.
            ``(2) Nonprofit entities.--
                    ``(A) 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 section.
                    ``(B) Activities.--The partnerships may be 
                established to carry out--
                            ``(i) coordination, planning, and volunteer 
                        activities that do not involve the transfer of 
                        funding between partners; or
                            ``(ii) competitively solicited partnership 
                        agreements--
                                    ``(I) to enable foundations and 
                                nonprofit entities to apply for funding 
                                to assist in carrying out Department 
                                activities; or
                                    ``(II) to provide funding to 
                                augment existing Department activities 
                                relating specifically to common 
                                technology transfer and 
                                entrepreneurship priorities and goals.
    ``(e) Funding.--The Office may use to carry out this section--
            ``(1) funding made available to carry out--
                    ``(A) the Small Business Act (15 U.S.C. 631 et 
                seq.); or
                    ``(B) section 1001 of the Energy Policy Act of 2005 
                (42 U.S.C. 16391); and
            ``(2) any other funds that are made available to carry out 
        this section.''.

SEC. 4. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE.

    Title II of the Department of Energy Organization Act (42 U.S.C. 
7131 et seq.) (as amended by section 3) is amended by adding at the end 
the following:

``SEC. 220. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE.

    ``(a) In General.--The Secretary and the Administrator of the Small 
Business Administration (referred to in this section as the 
`Administrator') shall jointly establish and carry out a Technology 
Transfer Investment Initiative (referred to in this section as the 
`Initiative').
    ``(b) Partnership.--To carry out the Initiative, the Secretary 
shall enter into a memorandum of understanding with the Administrator 
to coordinate a partnership program carried out by--
            ``(1) the Office of Advanced Research, Technology Transfer, 
        and Innovation established by section 218; and
            ``(2) the Small Business Investment Company (referred to in 
        this section as `SBIC') Program of the Small Business 
        Administration.
    ``(c) Goal.--The goal of the partnership program shall be to 
leverage the strengths of the SBIC program to benefit the 
T<SUP>2</SUP>-Corps teams completing the Department program.
    ``(d) Technology Transfer Investment Initiative.--
            ``(1) Selection.--The Administrator, in consultation with 
        the Secretary, shall solicit SBIC participation in the 
        technology transfer investment initiative of the Small Business 
        Administration and the Department.
            ``(2) Participation.--A SBIC that agrees or is selected to 
        participate in technology transfer investment initiative 
        shall--
                    ``(A) regularly review proposals created by 
                T<SUP>2</SUP>-Corps teams for possible investment;
                    ``(B) assess each proposal against the criteria 
                established by the SBIC; and
                    ``(C) comply with all provisions of law applicable 
                to the Small Business Administration (including 
                regulations).
            ``(3) Regional geographic areas.--
                    ``(A) In general.--The Office established under 
                section 218 (including National Laboratory technology 
                transfer offices), in coordination with T<SUP>2</SUP>-
                Corps established under section 219, shall establish 
                and coordinate regional geographic areas to carry out 
                the Initiative.
                    ``(B) Leverage.--The Office (including National 
                Laboratory technology transfer offices) and SBICs shall 
                leverage, to the maximum extent practicable, the 
                experience and expertise of local, State, and regional 
                partners to efficiency and effectively implement the 
                Initiative.''.
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