209 
who are otherwise prohibited from applying for or 
obtaining a patent. The Secretary may issue guide-
lines to implement this section.’’. 
SEC. 806. CLARIFYING CRADA AUTHORITY. 
Section 12 of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a) is amended— 
(1) by inserting at the end of the section the 
following new subsection: 
‘‘(h) PATENT OBLIGATION.—Under an agreement 
entered into pursuant to this section, there is an obligation 
on the part of the collaborating party, in the event a 
United States patent application is filed by or on behalf 
of the collaborating party or by any assignee of the col-
laborating party, to include within the specification of 
such application and any patent issuing thereon, a state-
ment specifying that the invention was made with Govern-
ment support and that the Government has certain rights 
in the invention.’’; and 
(2) by striking subsection (d). 
SEC. 807. EXPANSION OF AGREEMENTS FOR COMMER-
CIALIZING TECHNOLOGY AUTHORITY. 
The Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3701 et seq.) is amended by inserting 
after section 14 the following: 
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‘‘SEC. 14A. AGREEMENTS FOR COMMERCIALIZING TECH-
NOLOGY. 
‘‘(a) AGREEMENTS
WITH
NON-FEDERAL
ENTI-
TIES.—The head of each Federal agency may permit the 
director of any of its Government-owned, contractor-oper-
ated laboratories to perform work for non-Federal entities 
(sponsors) on a fully reimbursable basis and 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 the agreements, pro-
vided that such funding is solely used to carry out the 
purposes of the Federal award. 
‘‘(b) RESTRICTION.—The requirements of chapter 18 
of title 35, United States Code (commonly known as the 
‘Bayh-Dole Act’), shall apply if— 
‘‘(1) the agreement is a funding agreement (as 
that term is defined in section 201 of such title); 
and 
‘‘(2) at least one of the parties to the funding 
agreement is eligible to receive rights under that 
chapter. 
‘‘(c) SUBMISSION TO AGENCY.—Each affected direc-
tor of a Government-owned, contractor-operated labora-
tory shall submit to the head of the Federal agency, with 
respect to each agreement entered into under this sec-
tion— 
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‘‘(1) a summary of information relating to the 
relevant project; 
‘‘(2) the total estimated costs of the project; 
‘‘(3) estimated commencement and completion 
dates of the project; and 
‘‘(4) other documentation determined to be ap-
propriate by the head of the Federal agency. 
‘‘(d) CERTIFICATION.—The head of the Federal 
agency shall require the contractor of the affected Govern-
ment-owned, contractor-operated laboratory to certify that 
each activity carried out under a project for which an 
agreement is entered into under this section— 
‘‘(1) is not in direct competition with the pri-
vate sector; and 
‘‘(2) does not present, or minimizes, any appar-
ent conflict of interest, and avoids or neutralizes any 
actual conflict of interest, as a result of the agree-
ment under this section. 
‘‘(e) LIMITATION.—This authority only pertains to 
Federal agencies that do not have agency-specific authori-
ties for Agreements for Commercializing Technology else-
where in statute.’’. 
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SEC. 808. OTHER TRANSACTION AUTHORITY. 
The Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3701 et seq.) is amended by inserting 
after section 15 the following: 
‘‘SEC. 15A. OTHER TRANSACTIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) PERMISSION.—Each Federal agency may 
permit the director of any of its Government-oper-
ated Federal laboratories to enter into such other 
transactions as may be necessary in the conduct of 
the work of the Federal laboratory and on such 
terms as the director of the Federal laboratory con-
siders appropriate, in furtherance of the purposes of 
this Act. 
‘‘(2) DISCLOSURE.—The Federal agency may 
protect from disclosure, for up to 12 years after the 
date on which the information is developed, any in-
formation developed pursuant to a transaction under 
this section that would be protected from disclosure 
under section 552(b)(4) of title 5, United States 
Code, if obtained from a person other than a Fed-
eral agency. 
‘‘(3) AUTHORITY LIMITATION.—This authority 
only pertains to Federal agencies that do not have 
agency-specific authorities for other transactions 
elsewhere in statute. 
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‘‘(b) LIMITATIONS.—A Federal laboratory using the 
authorities granted in subsection (a) may only enter into 
such other transactions when— 
‘‘(1) a warranted contracting officer determines 
that use of other authority of the Federal agency 
would be insufficient to achieve the purposes of this 
Act; and 
‘‘(2) use of such other transaction is approved 
by the Federal agency.’’. 
SEC. 809. NONPROFIT FOUNDATIONS. 
The Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3701 et seq.) is further amended by add-
ing at the end the following: 
‘‘SEC. 29. FOUNDATIONS. 
‘‘(a) IN GENERAL.—A Government-owned Federal 
laboratory may establish or enter into an agreement with 
a nonprofit organization to establish a Federal laboratory 
Foundation in support of its mission. Such a Foundation 
shall not be an agency or instrumentality of the United 
States Government, and the United States shall not be 
liable for any debts, defaults, acts, or omissions of the 
Foundation. 
‘‘(b) PURPOSE.—The purpose of a Foundation estab-
lished under this section shall be to support the Govern-
ment-owned Federal laboratory in its mission. 
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‘‘(c) ACTIVITIES.—Activities of the Foundation may 
include the following: 
‘‘(1) The receipt, administration, solicitation, 
acceptance and use of funds, gifts, devises, or be-
quests, either absolutely or in trust of real or per-
sonal property or any income therefrom or other in-
terest or equity therein for the benefit of, or in con-
nection with, the mission of the Government-owned 
Federal laboratory. A gift, devise, or bequest may be 
accepted by the Foundation even though it is encum-
bered, restricted, or subject to beneficial interests of 
private persons if any current or future interest 
therein is for the benefit of the Federal laboratory 
in its research and development activities. Contribu-
tions, gifts, and other transfers made to or for the 
use of a Foundation established under this section 
shall be regarded as contributions, gifts, or transfers 
to or for the use of the United States. 
‘‘(2) The conduct of support studies, competi-
tions, projects, research and other activities that fur-
ther the purposes of the Foundation. 
‘‘(3) Programs for fostering collaboration and 
partnerships with researches from the Federal and 
State governments, institutions of higher education, 
federally funded research and development centers, 
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industry and nonprofit organizations for the re-
search, development or commercialization of feder-
ally supported technologies. 
‘‘(4) Programs for leveraging technologies to 
support new product development that supports re-
gional economic development. 
‘‘(5) Administering prize competitions to accel-
erate private sector competition and investment. 
‘‘(6) Provision of fellowships and grants to re-
search and development personnel at, or affiliated 
with, federally funded centers. Such fellowships and 
grants may include stipends, travel, health insurance 
benefits and other appropriate expenses. The recipi-
ents of fellowships shall be selected by the donors 
and the Foundation upon the recommendation of the 
employees in the Federal laboratory where the fellow 
would serve, and shall be subject to agreement of the 
head of the agency whose mission is supported by 
the Foundation. 
‘‘(7) Supplementary programs to provide for— 
‘‘(A) scientists of other countries to serve 
in research capacities in the United States in 
association with the Federal laboratory whose 
mission the Foundation supports, or elsewhere, 
or opportunities for employees of the Federal 
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laboratory whose mission the Foundation sup-
ports to serve in such capacities in other coun-
tries, or both; 
‘‘(B) the conduct and support of studies, 
projects, and research, that may include sti-
pends, travel and other support for personnel in 
collaboration with national and international 
nonprofit and for-profit organizations; 
‘‘(C) the conduct and support of forums, 
meetings, conferences, courses, and training 
workshops that may include undergraduate, 
graduate, post-graduate, and post-doctoral ac-
credited courses and the maintenance of accred-
itation of such courses by the Foundation at 
the State and national level for college or con-
tinuing education credits or for degrees; 
‘‘(D) programs to support and encourage 
teachers and students of science at all levels of 
education and programs for the general public 
which promote the understanding of science; 
‘‘(E) programs for writing, editing, print-
ing, publishing, and vending of books and other 
materials; and 
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‘‘(F) the conduct of other activities to 
carry out and support the purpose described in 
subsection (b). 
‘‘(d) TRANSFER OF FUNDS.—Notwithstanding any 
other provision of law, a Foundation established under 
this section may transfer funds to the Government-owned 
Federal laboratory and the Government-owned Federal 
laboratory may accept transfers of funds from the Foun-
dation.’’. 
SEC. 810. IMPROVING REPORTING AND METRICS. 
Section 11 of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710) is amended by strik-
ing subsections (f) and (g) and inserting 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 subsection (k) of 
this section or sections 207 and 209 of title 35, 
United States Code, shall report annually to the Of-
fice of Management and Budget, on the activities 
performed by that agency and its Federal labora-
tories under the provisions of this section and of sec-
tions 207 and 209 of such title 35. 
‘‘(2) CONTENTS.—The report shall include— 
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‘‘(A) an explanation of the agency’s tech-
nology transfer activities for the preceding fis-
cal year and the agency’s plans to manage inno-
vations with commercial promise consistent with 
the agency’s mission and benefitting the com-
petitiveness of United States industry; and 
‘‘(B) information on technology transfer 
activities for the preceding fiscal year, includ-
ing— 
‘‘(i) the number of patent applications 
filed; 
‘‘(ii) the number of patents received; 
‘‘(iii) the number of works registered 
for copyright protection in the United 
States on behalf of the United States, pur-
suant to section 105(b) of title 17, United 
States Code; 
‘‘(iv) the number of fully-executed li-
censes which received income from licens-
ing in the preceding fiscal year; 
‘‘(v) the total income from licensing; 
‘‘(vi) the number of licenses termi-
nated for cause; 
‘‘(vii) the number of collaborative re-
search and development relationships; and 
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‘‘(viii) any other parameters or discus-
sion that the agency deems relevant or 
unique to its practice of technology trans-
fer. 
‘‘(3) COPY TO SECRETARY.—The agency shall 
transmit a copy of the report to the Secretary of 
Commerce for inclusion in the annual summary re-
quired by subsection (g)(2). 
‘‘(4) PUBLIC
AVAILABILITY.—Each Federal 
agency reporting under this subsection shall make 
available to the public through internet sites, up-
dated at least annually— 
‘‘(A) the information contained in such re-
port; 
‘‘(B) information on intellectual property 
which is available for licensing from the Federal 
agency; and 
‘‘(C) information on Federal research and 
development programs, facilities, equipment and 
tools, expertise, services, and other relevant as-
sets which are made available to the public by 
the Federal agency. 
‘‘(5) PUBLICATION BY NIST.—The Director of 
the National Institute of Standards and Technology 
is authorized to provide the summary required by 
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subsection (g)(2) to the public through internet 
sites.’’. 
SEC. 811. INNOVATIVE APPROACHES TO TECHNOLOGY 
TRANSFER. 
Section 9(jj) of the Small Business Act (15 U.S.C. 
638(jj)) is amended to read as follows: 
‘‘(jj) INNOVATIVE APPROACHES
TO TECHNOLOGY 
TRANSFER.— 
‘‘(1) GRANT PROGRAM.— 
‘‘(A) IN GENERAL.—Each Federal agency 
required by subsection (n) to establish an 
STTR program shall carry out a grant program 
to support innovative approaches to technology 
transfer at institutions of higher education (as 
defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a))), non-
profit research institutions and Federal labora-
tories in order to accelerate the commercializa-
tion of federally funded research and technology 
by small business concerns, including new busi-
nesses. 
‘‘(B) 
AWARDING
OF
GRANTS
AND 
AWARDS.— 
‘‘(i) IN
GENERAL.—Each Federal 
agency required by subparagraph (A) to 
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participate in this program, shall award, 
through a competitive, merit-based process, 
grants, in the amounts listed in subpara-
graph (C) to institutions of higher edu-
cation, technology transfer organizations 
that facilitate the commercialization of 
technologies developed by one or more such 
institutions of higher education, Federal 
laboratories, other public and private non-
profit entities, and consortia thereof, for 
initiatives that help identify high-quality, 
commercially viable federally funded re-
search and technologies and to facilitate 
and accelerate their transfer into the mar-
ketplace. 
‘‘(ii) USE OF FUNDS.—Activities sup-
ported by grants under this subsection 
may include— 
‘‘(I) providing early-stage proof 
of concept funding for translational 
research; 
‘‘(II) identifying research and 
technologies at recipient institutions 
that have the potential for accelerated 
commercialization; 
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‘‘(III) 
technology 
maturation 
funding to support activities such as 
prototype 
construction, 
experiment 
analysis, product comparison, and col-
lecting performance data; 
‘‘(IV) technical validations, mar-
ket research, clarifying intellectual 
property rights position and strategy, 
and investigating commercial and 
business opportunities; and 
‘‘(V) programs to provide advice, 
mentoring, entrepreneurial education, 
project management, and technology 
and business development expertise to 
innovators and recipients of tech-
nology transfer licenses to maximize 
commercialization potential. 
‘‘(iii) SELECTION
PROCESS
AND
AP-
PLICATIONS.—Qualifying institutions seek-
ing a grant under this subsection shall 
submit an application to a Federal agency 
required by subparagraph (A) to partici-
pate in this program at such time, in such 
manner, and containing such information 
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as the agency may require. The application 
shall include, at a minimum— 
‘‘(I) a description of innovative 
approaches to technology transfer, 
technology development, and commer-
cial readiness that have the potential 
to increase or accelerate technology 
transfer outcomes and can be adopted 
by other qualifying institutions, or a 
demonstration of proven technology 
transfer and commercialization strate-
gies, or a plan to implement proven 
technology 
transfer 
and 
commer-
cialization strategies, that can achieve 
greater commercialization of federally 
funded research and technologies with 
program funding; 
‘‘(II) a description of how the 
qualifying institution will contribute 
to local and regional economic devel-
opment efforts; and 
‘‘(III) a plan for sustainability 
beyond the duration of the funding 
award. 
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‘‘(iv) 
PROGRAM
OVERSIGHT 
BOARDS.— 
‘‘(I) IN
GENERAL.—Successful 
proposals shall include a plan to as-
semble a Program Oversight Board, 
the members of which shall have tech-
nical, scientific, or business expertise 
and shall be drawn from industry, 
start-up companies, venture capital, 
technical enterprises, financial institu-
tions, and business development orga-
nizations. 
‘‘(II) 
PROGRAM
OVERSIGHT 
BOARDS
RESPONSIBILITIES.—Pro-
gram Oversight Boards shall— 
‘‘(aa) establish award pro-
grams for individual projects; 
‘‘(bb) provide rigorous eval-
uation of project applications; 
‘‘(cc) 
determine 
which 
projects should receive awards, in 
accordance with guidelines estab-
lished 
under 
subparagraph 
(C)(ii); 
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established by the qualifying institution’s 
Program Oversight Board. 
‘‘(D) AUTHORIZED
EXPENDITURES
FOR 
INNOVATIVE
APPROACHES
TO
TECHNOLOGY 
TRANSFER GRANT PROGRAM.— 
‘‘(i) PERCENTAGE.—The percentage 
of the extramural budget each Federal 
agency required by subsection (n) to estab-
lish an STTR program shall expend on the 
Innovative 
Approaches 
to 
Technology 
Transfer Grant Program shall be— 
‘‘(I) 0.05 percent for each of fis-
cal years 2014 and 2015; and 
‘‘(II) 0.1 percent for each of fis-
cal years 2016 and 2017. 
‘‘(ii) 
TREATMENT
OF
EXPENDI-
TURES.—Any portion of the extramural 
budget expended by a Federal agency on 
the Innovative Approaches to Technology 
Transfer Grant Program shall apply to-
wards the agency’s expenditure require-
ments under subsection (n). 
‘‘(2) PROGRAM
EVALUATION
AND
DATA
COL-
LECTION AND DISSEMINATION.— 
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227 
‘‘(A) EVALUATION PLAN AND DATA COL-
LECTION.—Each Federal agency required by 
paragraph (1)(A) to establish an Innovative Ap-
proaches to Technology Transfer Grant Pro-
gram shall develop a program evaluation plan 
and collect annually such information from 
grantees as is necessary to assess the Program. 
Program evaluation plans shall require the col-
lection of data aimed at identifying outcomes 
resulting from the transfer of technology with 
assistance from the Innovative Approaches to 
Technology Transfer Grant Program, such as— 
‘‘(i) specific follow-on funding identi-
fied or obtained, including follow-on fund-
ing sources, such as Federal sources or 
private sources; 
‘‘(ii) number of projects which result 
in a license to a start-up company or an 
established company with sufficient re-
sources for effective commercialization 
within 5 years of receiving an award under 
paragraph (1); 
‘‘(iii) invention disclosures and pat-
ents; 
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‘‘(iv) number of projects supported by 
qualifying institutions receiving a grant 
under paragraph (1) that secure Phase I 
or Phase II SBIR or STTR awards; 
‘‘(v) available information on revenue, 
sales or other measures of products that 
have been commercialized as a result of 
projects awarded under paragraph (1); 
‘‘(vi) number and location of jobs cre-
ated resulting from projects awarded under 
paragraph (1); and 
‘‘(vii) other data as deemed appro-
priate by a Federal agency required by this 
subparagraph to develop a program evalua-
tion plan. 
‘‘(B) 
EVALUATIVE
REPORT
TO
CON-
GRESS.—The head of each Federal agency that 
participates in the Innovative Approaches to 
Technology Transfer Grant Program shall sub-
mit to the Committee on Science, Space, and 
Technology and the Committee on Small Busi-
ness of the House of Representatives and the 
Committee on Small Business and Entrepre-
neurship of the Senate an evaluative report re-
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229 
garding the activities of the program. The re-
port shall include— 
‘‘(i) a detailed description of the im-
plementation of the program; 
‘‘(ii) a detailed description of the 
grantee selection process; 
‘‘(iii) an accounting of the funds used 
in the program; and 
‘‘(iv) a summary of the data collected 
under subparagraph (A). 
‘‘(C) DATA DISSEMINATION.—For the pur-
poses of program transparency and dissemina-
tion of best practices, the Administrator shall 
include on the public database under subsection 
(k)(1) information on the Innovative Ap-
proaches to Technology Transfer Grant Pro-
gram, including— 
‘‘(i) the program evaluation plan re-
quired under subparagraph (A); 
‘‘(ii) a list of recipients of awards 
under paragraph (1); and 
‘‘(iii) information on the use of grants 
under paragraph (1) by recipient institu-
tions.’’. 
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SEC. 812. DOE PUBLIC-PRIVATE PARTNERSHIPS FOR COM-
MERCIALIZATION. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary of Energy shall delegate to directors of the 
National Laboratories signature authority with respect to 
any agreement described in subsection (b) the total cost 
of which (including the National Laboratory contributions 
and project recipient cost share) is less than $1,000,000, 
if such an agreement falls within the scope of— 
(1) a strategic plan for the National Laboratory 
that has been approved by the Department of En-
ergy; or 
(2) the most recent congressionally approved 
budget for Department of Energy activities to be 
carried out by the National Laboratory. 
(b) AGREEMENTS.—Subsection (a) applies to— 
(1) a cooperative research and development 
agreement; 
(2) a non-Federal work-for-others agreement; 
and 
(3) any other agreement determined to be ap-
propriate by the Secretary of Energy, in collabora-
tion with the directors of the National Laboratories. 
(c) ADMINISTRATION.— 
(1) ACCOUNTABILITY.—The director of the af-
fected National Laboratory and the affected con-
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231 
tractor shall carry out an agreement under this sec-
tion in accordance with applicable policies of the De-
partment of Energy, including by ensuring that the 
agreement does not compromise any national secu-
rity, economic, or environmental interest of the 
United States. 
(2) CERTIFICATION.—The director of the af-
fected National Laboratory and the affected con-
tractor shall certify that each activity carried out 
under a project for which an agreement is entered 
into under this section does not present, or mini-
mizes, any apparent conflict of interest, and avoids 
or neutralizes any actual conflict of interest, as a re-
sult of the agreement under this section. 
(3) AVAILABILITY
OF
RECORDS.—Within 30 
days of entering an agreement under this section, 
the director of a National Laboratory shall submit 
to the Secretary of Energy for monitoring and re-
view all records of the National Laboratory relating 
to the agreement. 
(4) RATES.—The director of a National Lab-
oratory may charge higher rates for services per-
formed under a partnership agreement entered into 
pursuant to this section, regardless of the full cost 
of recovery, if such funds are used exclusively to 
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