Sec. 2. Office of Advanced Research, Technology Transfer, and Innovation in Energy
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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: 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.
The Office shall— improve procurement, contracting, and partnership procedures for technology transfer through— 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; 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 in connection with other Federal agencies, other actions that improve the operational efficiency and technology transfer effectiveness of the Department; 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; establish and administer T 2 -Corps in accordance with section 219; administer the technology transfer investment initiative in accordance with section 220; improve the effectiveness of small business innovation research programs and small business technology transfer programs by— 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 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; establish and administer an industry and business technology transfer working group that— parallels and complements the efforts of the National Laboratory technology working group; shall convene regularly to make recommendations to the Department and National Laboratories for use to assess capabilities and implement improvements regarding— priorities for commercialization; the assessment of technology targets; the evaluation of the impact of technology transfer activities; and implementation of technology transfer activities; and 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; 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— 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 each relevant group to coordinate and cooperate more effectively; 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— the database administered by the Department and database content available to the T 2 -Corps teams, the Department, and the National Laboratories; and the goal of the cooperation being to create an effective process that enhances opportunities for technology transfer and commercialization by— encouraging and leveraging research and development funds dedicated to complementary projects; facilitating streamlined licensing negotiations; encouraging cost-effective intellectual property management and fulfilling equal opportunity; minimizing potential for conflicts in a manner that increases the access of participants in T 2 -Corps to scientists and engineers of National Laboratories; and increasing the accessibility of licensable technology across larger numbers of licensees; coordinate with the Small Business Innovation Research Program
(SBIR)and Small Business Technology Transfer Program
(STTR)of the Department— to maximize the impact of technology transfer opportunities and activities; and to implement strategic changes that are mutually beneficial to the Office and those Programs; carry out technology transfer evaluations, measurement, and reporting functions of the Department; conduct an annual evaluation of the progress and impact of the Office that— is conducted through— the working group established under paragraph (6); and technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the Department; includes information relating to the economic and technology transfer impact of technology transfer programs, which shall be evaluated based on— the types of employment opportunities created, based on North American Industry Classification System (NAICS) employment data; the aggregate amount of follow-on investment; the start-up survival and growth rate; Department and National Laboratory transactional efficiency for different phases of licensing cooperative research and development agreements and other technology transfer-related processes; the effectiveness of local and regional partnerships; and other key metrics determined by the Secretary and the National Nuclear Security Administration; 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 provides for— the continuous monitoring of the fairness and opportunities in the administration of this paragraph; and an evaluation of— accessibility; and expectations and limitations relating to employee conflict of interest; 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; 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; 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; administer the Technology Commercialization Fund established under section 1001(e) of the Energy Policy Act of 2005 ( 42 U.S.C. 16391(e) ), including— the development of a multiyear plan for the use of the Fund; the use of the Fund to carry out the duties of the Office; the coordination with other agencies of the Department on the use of the Fund; and the submission to Congress of an annual report that describes use of the Fund during the preceding year; 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— the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ); the Federal Nonnuclear Energy Research and Development Act of 1974 ( 42 U.S.C. 5901 et seq. ); the Energy Policy Act of 1992 ( 42 U.S.C. 13201 et seq. ); the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq. ); chapter 18 of title 35, United States Code (commonly known as the Bayh-Dole Act ); and any other Act under which the Secretary is authorized to carry out the programs, projects, and activities; and perform such other duties as are determined appropriate by the Secretary. 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: 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. 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. Additional financial support that the recipient of an award or party to an agreement— plans to or has invested into the technology developed under the award or agreement; or is seeking from third parties. 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. The Secretary shall use the reviews, evaluations, and reports conducted under this section to improve and enhance— the technology transfer programs and activities of the Department; and the technology transfer offices of the National Laboratories and the National Nuclear Security Administration to promote the technology transfer goals of the Department. 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. The evaluation process under this paragraph shall— focus on the performance of each National Laboratory individually; and compare the performance of each National Laboratory during the applicable and previous year. Each National Laboratory shall establish or maintain, as applicable, a technology transfer office for the Office. The Office shall connect and coordinate the technology transfer offices established under this subsection. 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. .
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Sec. 2
Office of Advanced Research, Technology Transfer, and Innovation in Energy
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