Sec. 643. Technology transfer
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Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Energy shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include— an assessment of the Department’s current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ), including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) to improve the Department’s ability to successfully transfer new energy technologies to the private sector.
Section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) is amended— in subsection (e), by striking for commercial purposes and inserting of any sort for commercial purposes, including energy technologies not currently supported by the Department of Energy ; by redesignating subsections
(f)and
(g)as subsections
(h)and (i), respectively; and by inserting after subsection
(e)the following new subsections: The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this subsection. Each agreement entered into pursuant to the pilot program referred to in paragraph
(1)shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in paragraph (1). To carry out subparagraph
(A)and subject to subparagraph (C), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to subparagraph (A), provided that such funding is solely used to carry out the purposes of the Federal award. The requirements of chapter 18 of title 35, United States Code (commonly known as the Bayh-Dole Act ) shall apply if— the agreement is a funding agreement (as that term is defined in section 201 of that title); and at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this subsection— a summary of information relating to the relevant project; the total estimated costs of the project; estimated commencement and completion dates of the project; and other documentation determined to be appropriate by the Secretary. The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this subsection— is not in direct competition with the private sector; and does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this subsection. The pilot program referred to in paragraph
(1)shall be extended until October 31, 2017. Not later than 60 days after the date described in paragraph (6), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that— assesses the overall effectiveness of the pilot program referred to in paragraph (1); identifies opportunities to improve the effectiveness of the pilot program; assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and provides a recommendation regarding the future of the pilot program. The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this subsection. The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer, following the standard practices of the Department, to carry out technology maturation activities to identify and improve potential commercial application opportunities and demonstrate applications of research and technologies arising from National Laboratory activities. . The Secretary of Energy shall delegate to directors of the National Laboratories signature authority for any technology transfer agreement with a total cost of not more than $500,000, including both National Laboratory contributions and the project recipient cost share contribution, if such an agreement falls within the scope of a strategic plan for the National Laboratory that has been approved by the Department. The agreements to which this subsection applies include— Cooperative Research and Development Agreements; and non-Federal Work for Others Agreements. Not later than 7 days after the date on which the director of a National Laboratory enters into an agreement under this subsection, such director shall submit to the Secretary of Energy for monitoring and review all records of the National Laboratory relating to the agreement. Not later than 30 days after the date on which the director of a specific National Laboratory enters into an agreement under this subsection, the Secretary may terminate the agreement and the authority of any director of such National Laboratory to enter into agreements under this subsection if— all records of the National Laboratory relating to the agreement have not been transmitted to the Secretary in accordance with subparagraph (A); or the Secretary determines that this agreement is inconsistent with the mission of the Department. This subsection does not apply to any agreement with a majority foreign-owned company. This subsection shall apply only during the 4-year period beginning on the date of enactment of this Act. Not later than the date that is 180 days prior to the last day of the period described in subparagraph (A), the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an assessment of the effectiveness of the authority provided to the directors of the National Laboratories under this subsection to accelerate the development of new technologies, and an assessment of any incidences of potential misuse of this authority in the opinion of the Secretary.
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Sec. 643
Technology transfer
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