[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2287 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2287

     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

                           November 17, 2015

   Mr. Udall 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 2015'' or the ``ATTAIN Act of 
2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. OFFICE OF TECHNOLOGY TRANSITIONS.

    (a) In General.--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 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.''.
    (b) Conforming Changes to Office of Technology Transitions 
Established by Secretary.--The Secretary shall conform the Office of 
Technology Transitions of the Department (as in existence on the day 
before the date of enactment of this Act) with section 218 of the 
Department of Energy Organization Act (as added by subsection (a)).

SEC. 4. LAB-CORPS.

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

``SEC. 219. LAB-CORPS.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall establish a Lab-
        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 Lab-Corps is to invest in--
                    ``(A) market assessment; and
                    ``(B) increasing industry and small business access 
                to intellectual property and core capabilities of the 
                Department and National Laboratories.
    ``(b) Teams.--
            ``(1) In general.--The Secretary shall establish in the 
        Lab-Corps 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) Offices of research and technology applications.--
                    ``(A) In general.--Each team shall be hosted by an 
                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)).
                    ``(B) Duties.--Each applicable Office of Research 
                and Technology Applications 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 Secretary may establish and 
        participate in technology commercialization challenges.
            ``(2) Administration.--The Secretary 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 Lab-Corps are smaller enterprises 
                (as defined by the Administrator) that are located in 
                diverse regional geographic areas established under 
                section 220(d)(3).
    ``(d) Coordination.--
            ``(1) In general.--The Office of Technology Transitions 
        established by section 218 (referred to in this subsection as 
        the `Office') shall work with each Office of Research and 
        Technology Applications at the National Laboratories--
                    ``(A) to develop information sharing and coordinate 
                resources to enable coordination and competition 
                between members of Lab-Corps teams, including a 
                coordination platform that leverages 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 Secretary 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. 5. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE.

    Title II of the Department of Energy Organization Act (42 U.S.C. 
7131 et seq.) (as amended by section 4) 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 Technology Transitions established by 
        section 218 (referred to in this section as the `Office'); 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 Lab-Corps 
established under section 219(a) 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 Lab-
                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, in coordination with 
                the Lab-Corps established by the Secretary under 
                section 219, shall establish and coordinate regional 
                geographic areas to carry out the Initiative.
                    ``(B) Leverage.--The Office 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.''.

SEC. 6. REGIONAL ENGAGEMENT AND RESEARCH.

    (a) Regional Funding Partnerships.--
            (1) Definitions.--In this subsection:
                    (A) Economic development agency.--The term 
                ``economic development agency'' has the meaning given 
                the term in section 3 of the Workforce Innovation and 
                Opportunity Act (29 U.S.C. 3102).
                    (B) Regional entity.--The term ``regional entity'' 
                means a State, local government, economic development 
                agency, or small- or medium-sized business.
            (2) In general.--The Secretary, after identifying barriers 
        to the access of regional entities to cooperative research and 
        development agreements, shall establish policies to increase 
        that access.
    (b) Post-Graduate Research Pilot Program.--
            (1) Establishment.--The Secretary shall establish a pilot 
        program, to be administered through the Office of Technology 
        Transitions (in coordination with the Office of Energy 
        Efficiency and Renewable Energy), to award grants to post-
        graduate researchers for the purpose of spinning off and 
        licensing technology.
            (2) Grants.--
                    (A) In general.--The Secretary may award grants 
                under the program established under paragraph (1).
                    (B) Application.--To be eligible for a grant under 
                this paragraph, an applicant shall submit to the 
                Secretary an application at such time, in such form, 
                and containing such information as the Secretary may 
                require.
    (c) University Partnerships in Management and Operating 
Contracts.--
            (1) In general.--The Secretary may include, in a management 
        and operating contract for a National Laboratory, partnership 
        agreements with institutions of higher education.
            (2) Purpose.--The purpose of a partnership described in 
        paragraph (1) is--
                    (A) to provide incentives to the National 
                Laboratories (in coordination with technology transfer 
                offices within the Department and the National 
                Laboratories) to use technology transfer capabilities 
                within an institution of higher education that enter 
                into a partnership agreement under paragraph (1); and
                    (B) to support graduate and post-graduate 
                researchers at the National Laboratories participating 
                in technology commercialization and entrepreneurship.
            (3) Certain costs allowed.--The Secretary may pay to the 
        contractor of a management and operating contract described in 
        paragraph (1)--
                    (A) compensation for entering into the partnership 
                agreement described in that paragraph; and
                    (B) the costs of the partnership described in that 
                paragraph.

SEC. 7. CONFORMING AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.

    (a) Cost Sharing.--Section 988(f) of the Energy Policy Act of 2005 
(42 U.S.C. 16352(f)) is amended--
            (1) in paragraph (2), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (3)(B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) activities funded by the Energy Technology 
        Commercialization Fund under section 1001(e)(1)(A).''.
    (b) Improved Technology Transfer of Energy Technologies.--Section 
1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)) is 
amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary'';
            (2) in paragraph (1) (as so designated), by striking ``used 
        to provide'' and inserting ``used--
                    ``(A) to fund the Lab-Corps established under 
                section 219 of the Department of Energy Organization 
                Act; and
                    ``(B) to provide''; and
            (3) by adding at the end the following:
            ``(2) Cost sharing.--The cost-sharing requirements of 
        section 988--
                    ``(A) do not apply to activities funded by the 
                Energy Technology Commercialization Fund under 
                paragraph (1)(A); and
                    ``(B) apply to matching funds provided by the 
                Energy Technology Commercialization Fund under 
                paragraph (1)(B).''.

SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report describing--
            (1) the results of the projects developed under this Act or 
        amendments made by this Act, including information regarding 
        whether activities carried out under those projects resulted 
        in--
                    (A) expansion of capabilities at the National 
                Laboratories;
                    (B) increased efficiency of technology transfers; 
                or
                    (C) an increase in general efficiency of the 
                National Laboratory system;
            (2) efforts of the Secretary to promote technology transfer 
        and private sector engagement at the National Laboratories; and
            (3) recommendations on ways in which the Department could 
        improve the activities described in paragraphs (1) and (2).
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