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to cooperative research and development agreements
described in subsection (a).
Procedures established under this subsection shall be designed to
the extent possible to use or modify existing procedures, to minimize
burdens on Federal agencies, to encourage industrial partnerships
with national laboratories, and to minimize delay in the approval
or disapproval of joint work statements and cooperative research
and development agreements.
(c) LIMITATION.—Nothing in this Act, nor any procedures estab-
lished under this section shall provide to the Office of Science
and Technology Policy, the National Science and Technology
Council, or any Federal agency the authority to disapprove a
cooperative research and development agreement or joint work
statement, under section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a), of another Federal agency.
SEC. 9. INCREASED FLEXIBILITY FOR FEDERAL LABORATORY PART-
NERSHIP INTERMEDIARIES.
Section 23 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3715) is amended—
(1) in subsection (a)(1) by inserting ‘‘, institutions of higher
education as defined in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a)), or educational institutions
within the meaning of section 2194 of title 10, United States
Code’’ after ‘‘small business firms’’; and
(2) in subsection (c) by inserting ‘‘, institutions of higher
education as defined in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a)), or educational institutions
within the meaning of section 2194 of title 10, United States
Code,’’ after ‘‘small business firms’’.
SEC. 10. REPORTS ON UTILIZATION OF FEDERAL TECHNOLOGY.
(a) AGENCY ACTIVITIES.—Section 11 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710) is amended—
(1) by striking the last sentence of subsection (b);
(2) by inserting after subsection (e) the following:
‘‘(f ) AGENCY REPORTS ON UTILIZATION.—
‘‘(1) IN
GENERAL.—Each Federal agency which operates
or directs one or more Federal laboratories or which conducts
activities under sections 207 and 209 of title 35, United States
Code, shall report annually to the Office of Management and
Budget, as part of the agency’s annual budget submission,
on the activities performed by that agency and its Federal
laboratories under the provisions of this section and of sections
207 and 209 of title 35, United States Code.
‘‘(2) CONTENTS.—The report shall include—
‘‘(A) an explanation of the agency’s technology transfer
program for the preceding fiscal year and the agency’s
plans for conducting its technology transfer function,
including its plans for securing intellectual property rights
in laboratory innovations with commercial promise and
plans for managing its intellectual property so as to
advance the agency’s mission and benefit the competitive-
ness of United States industry; and
‘‘(B) information on technology transfer activities for
the preceding fiscal year, including—
‘‘(i) the number of patent applications filed;
‘‘(ii) the number of patents received;
H. R. 209—7
‘‘(iii) the number of fully-executed licenses which
received royalty income in the preceding fiscal year,
categorized by whether they are exclusive, partially-
exclusive, or non-exclusive, and the time elapsed from
the date on which the license was requested by the
licensee in writing to the date the license was executed;
‘‘(iv) the total earned royalty income including such
statistical information as the total earned royalty
income, of the top 1 percent, 5 percent, and 20 percent
of the licenses, the range of royalty income, and the
median, except where disclosure of such information
would reveal the amount of royalty income associated
with an individual license or licensee;
‘‘(v) what disposition was made of the income
described in clause (iv);
‘‘(vi) the number of licenses terminated for cause;
and
‘‘(vii) any other parameters or discussion that the
agency deems relevant or unique to its practice of
technology transfer.
‘‘(3) COPY TO SECRETARY; ATTORNEY GENERAL; CONGRESS.—
The agency shall transmit a copy of the report to the Secretary
of Commerce and the Attorney General for inclusion in the
annual report to Congress and the President required by sub-
section (g)(2).
‘‘(4) PUBLIC AVAILABILITY.—Each Federal agency reporting
under this subsection is also strongly encouraged to make the
information contained in such report available to the public
through Internet sites or other electronic means.’’;
(3) by striking subsection (g)(2) and inserting the following:
‘‘(2) REPORTS.—
‘‘(A) ANNUAL REPORT REQUIRED.—The Secretary, in con-
sultation with the Attorney General and the Commissioner
of Patents and Trademarks, shall submit each fiscal year,
beginning 1 year after the enactment of the Technology
Transfer Commercialization Act of 2000, a summary report
to the President, the United States Trade Representative,
and the Congress on the use by Federal agencies and
the Secretary of the technology transfer authorities speci-
fied in this Act and in sections 207 and 209 of title 35,
United States Code.
‘‘(B) CONTENT.—The report shall—
‘‘(i) draw upon the reports prepared by the agencies
under subsection (f );
‘‘(ii) discuss technology transfer best practices and
effective approaches in the licensing and transfer of
technology in the context of the agencies’ missions;
and
‘‘(iii) discuss the progress made toward develop-
ment of additional useful measures of the outcomes
of technology transfer programs of Federal agencies.
‘‘(C) PUBLIC AVAILABILITY.—The Secretary shall make
the report available to the public through Internet sites
or other electronic means.’’; and
(4) by inserting after subsection (g) the following:
‘‘(h) DUPLICATION
OF REPORTING.—The reporting obligations
imposed by this section—
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‘‘(1) are not intended to impose requirements that duplicate
requirements imposed by the Government Performance and
Results Act of 1993 (31 U.S.C. 1101 note);
‘‘(2) are to be implemented in coordination with the
implementation of that Act; and
‘‘(3) are satisfied if an agency provided the information
concerning technology transfer activities described in this sec-
tion in its annual submission under the Government Perform-
ance and Results Act of 1993 (31 U.S.C. 1101 note).’’.
(b) ROYALTIES.—Section 14(c) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710c(c)) is amended
to read as follows:
‘‘(c) REPORTS.—The Comptroller General shall transmit a report
to the appropriate committees of the Senate and House of Rep-
resentatives on the effectiveness of Federal technology transfer
programs, including findings, conclusions, and recommendations
for improvements in such programs. The report shall be integrated
with, and submitted at the same time as, the report required
by section 202(b)(3) of title 35, United States Code.’’.
SEC. 11. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.
(a) APPOINTMENT OF OMBUDSMAN.—The Secretary of Energy
shall direct the director of each national laboratory of the Depart-
ment of Energy, and may direct the director of each facility under
the jurisdiction of the Department of Energy, to appoint a tech-
nology partnership ombudsman to hear and help resolve complaints
from outside organizations regarding the policies and actions of
each such laboratory or facility with respect to technology partner-
ships (including cooperative research and development agreements),
patents, and technology licensing.
(b) QUALIFICATIONS.—An ombudsman appointed under sub-
section (a) shall be a senior official of the national laboratory
or facility who is not involved in day-to-day technology partnerships,
patents, or technology licensing, or, if appointed from outside the
laboratory or facility, function as such a senior official.
(c) DUTIES.—Each ombudsman appointed under subsection (a)
shall—
(1) serve as the focal point for assisting the public and
industry in resolving complaints and disputes with the national
laboratory or facility regarding technology partnerships, pat-
ents, and technology licensing;
(2) promote the use of collaborative alternative dispute
resolution techniques such as mediation to facilitate the speedy
and low-cost resolution of complaints and disputes, when appro-
priate; and
(3) report quarterly on the number and nature of com-
plaints and disputes raised, along with the ombudsman’s
assessment of their resolution, consistent with the protection
of confidential and sensitive information, to—
(A) the Secretary;
(B) the Administrator for Nuclear Security;
(C) the Director of the Office of Dispute Resolution
of the Department of Energy; and
(D) the employees of the Department responsible for
the administration of the contract for the operation of
each national laboratory or facility that is a subject of
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the report, for consideration in the administration and
review of that contract.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.