Request for Information Regarding Federal Technology Transfer Authorities and Processes, 19052-19054 [2018-09182]
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with
Commerce’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
party by the 15-day deadline, Commerce
will automatically revoke the order
without further review.6
If we receive an order-specific notice
of intent to participate from a domestic
interested party, Commerce’s
regulations provide that all parties
wishing to participate in a Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that Commerce’s
information requirements are distinct
from the Commission’s information
requirements. Consult Commerce’s
regulations for information regarding
Commerce’s conduct of Sunset Reviews.
Consult Commerce’s regulations at 19
CFR part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at
Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: April 24, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–09153 Filed 4–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number: 180220199–819–01]
amozie on DSK30RV082PROD with NOTICES
Request for Information Regarding
Federal Technology Transfer
Authorities and Processes
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of public meetings;
Request for Information (RFI).
AGENCY:
6 See
19 CFR 351.218(d)(1)(iii).
VerDate Sep<11>2014
18:12 Apr 30, 2018
Jkt 244001
The Federal government
invests approximately $150 billion
annually 1 in research and development
(R&D). For the results of this investment
to produce economic gain and maintain
a strong national security innovation
base, the results must be transferred to
private companies to create new
products and services. In order to
advance the President’s Management
Agenda to modernize government for
the 21st century, including the
associated Lab-to-Market cross-agency
priority (CAP) Goal in coordination with
the White House Office of Science and
Technology Policy (OSTP), the National
Institute of Standards and Technology
(NIST) is initiating an effort to refocus
Federal technology transfer on sound
business principles based on private
investment. NIST requests information
from the public regarding the current
state of Federal technology transfer and
the public’s ability to engage with
Federal laboratories and access federally
funded R&D through collaborations,
licensing, and other mechanisms.
Responses to this RFI will inform
NIST’s evaluation of Federal technology
transfer practices, policies, regulations,
and/or laws that promote the transfer of
Federal technologies and the practical
application of those technologies,
including through commercialization by
the private sector. NIST will hold public
meetings regarding the initiative and the
stakeholder engagement process at the
times and locations indicated below.
DATES:
For Comments:
Comments must be received by 5:00
p.m. Eastern time on July 30, 2018.
Written comments in response to the
RFI should be submitted according to
the instructions in the ADDRESSES and
SUPPLEMENTARY INFORMATION sections
below. Submissions received after that
date may not be considered.
For Public Meetings/Webcast:
A meeting will be held on May 17,
2018 from 9 a.m. to noon Pacific Time
at the Silicon Valley USPTO Regional
Office in San Jose, CA. Requests to
participate must be received via the
meeting website no later than May 15,
2018.
A meeting will be held on May 21,
2018 from 9 a.m. to noon Mountain
Time at the Renaissance Denver
Downtown City Center Hotel in Denver,
CO. Requests to participate must be
received via the meeting website no
later than May 17, 2018.
SUMMARY:
1 Analytical Perspectives, Budget of the United
States Government, Fiscal Year 2019, Ch. 18.
Available at https://www.gpo.gov/fdsys/pkg/
BUDGET-2019-PER/pdf/BUDGET-2019-PER.pdf.
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A meeting will be held on May 31,
2018 from 9 a.m. to noon Central Time
at the Hilton Chicago/Oak Lawn in Oak
Lawn, IL. Requests to participate must
be received via the meeting website no
later than May 29, 2018.
A meeting and simultaneous webcast
will be held on June 14, 2018 from 9
a.m. to noon Eastern Time at the NIST
Campus in Gaithersburg, MD. Requests
to participate must be received via the
meeting website no later than June 8,
2018.
ADDRESSES:
For Comments:
Responses can be submitted by either
of the following methods:
• Agency Website: https://
www.nist.gov/tpo/roi-rfi-response.
Follow the instructions for sending
comments on the agency website.
• Email: roi@nist.gov. Include ‘‘RFI
Response: Federal Technology Transfer
Authorities and Processes’’ in the
subject line of the message.
Instructions: Attachments will be
accepted in plain text, Microsoft Word,
or Adobe PDF formats. Comments
containing references, studies, research,
and other empirical data that are not
widely published should include copies
or electronic links of the referenced
materials.
All submissions, including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
NIST reserves the right to publish
comments publicly, unedited and in
their entirety. Sensitive personal
information, such as account numbers
or Social Security numbers, or names of
other individuals, should not be
included. Submissions will not be
edited to remove any identifying or
contact information. Do not submit
confidential business information, or
otherwise sensitive or protected
information. Comments that contain
profanity, vulgarity, threats, or other
inappropriate language or content will
not be considered.
For Public Meetings/Webcast:
A May 17, 2018 public meeting will
be held in the Silicon Valley USPTO
Regional Office, California Room, 26 S.
Fourth Street, San Jose, CA.
A May 21, 2018 public meeting will
be held in the Renaissance Denver
Downtown City Center Hotel, Beauty
Ballroom, 918 17th Street, Denver, CO.
A May 31, 2018 public meeting will
be held in the Hilton Chicago/Oak
Lawn, Oak Room, 9333 S Cicero Ave,
Oak Lawn, IL.
A June 14, 2018 public meeting and
simultaneous webcast will be held in
Building 101, West Square on the NIST
E:\FR\FM\01MYN1.SGM
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices
Campus, 100 Bureau Drive,
Gaithersburg, MD.
Details about attending the meetings
and accessing the June 14 webcast are
available at https://www.nist.gov/tpo/
return-investment-public-forums.
FOR FURTHER INFORMATION CONTACT: Dr.
Courtney Silverthorn, Deputy Director,
Technology Partnerships Office,
National Institute of Standards and
Technology, 100 Bureau Drive MS 2201,
Gaithersburg, MD 20899, 301–975–4189,
or by email to courtney.silverthorn@
nist.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
The Federal government invests
approximately $150 billion per year in
R&D. Of this total, approximately onethird is invested at over 300 Federal
laboratories 2 across the country and
approximately two-thirds is invested at
universities and private sector R&D
institutions. For the results of this
investment to produce economic gain
and maintain a strong national security
innovation base, the results must be put
to productive use through applied
research, services to the public, and
transfer to private companies to create
new products and services.
Federal technology transfer policies
and procedures are governed by
legislation, much of which dates to the
1980s. A compilation of Federal
technology transfer legislation,
including the Stevenson-Wydler
Technology Innovation Act of 1980 and
the Bayh-Dole Act of 1980 is available
online from the Federal Laboratory
Consortium.3
Existing Federal technology transfer
laws have served the Nation well over
nearly four decades. These laws, which
continue to support U.S. innovation,
have been widely emulated by other
countries. However, in an increasingly
competitive environment, it is
important to ask whether and how
current laws, regulations, policies, and
practices could more effectively
promote technology transfer to
productive uses, and, where
appropriate, commercialization of
federally developed technologies and
Federal research capabilities, and also
encourage public-private partnerships to
2 Includes federally funded laboratories, i.e.,
government owned/government operated,
government owned/contractor operated (GOCO),
and federally-funded research and development
centers (FFRDCs).
3 ‘‘The Green Book: Federal Technology Transfer
Legislation and Policy’’. Federal Laboratory
Consortium for Technology Transfer, 2013.
Available at https://www.federallabs.org/learningcenter/on-demand/reference-materials/federaltechnology-transfer-legislation-and-policy.
VerDate Sep<11>2014
18:12 Apr 30, 2018
Jkt 244001
reach their full potential to create value
for the U.S. economy in the 21st
Century. For America to maintain its
position among the world’s innovation
leaders, it is essential that our
technology transfer system functions
effectively. NIST intends to engage
broadly with private- and public-sector
stakeholders to assess the ability of
Federal technology transfer policies,
practices, and efforts to meet current
and future needs in a rapidly shifting
technology marketplace, and to best
serve U.S. competitiveness globally.
In order to advance the President’s
Management Agenda to modernize
government for the 21st century,
including the associated Lab-to-Market
CAP Goal in coordination with the
White House’s OSTP, NIST is initiating
a Return on Investment (ROI) Initiative 4
with the intent of conducting a
comprehensive assessment of the
Federal technology transfer system that
will identify opportunities to improve
Federal technology transfer efforts,
policies, and practices. The goal of this
effort is to, where appropriate,
streamline and accelerate transfer of
technology from Federal R&D
investments to attract greater privatesector investment for innovative
products, processes, and services, as
well as new businesses and industries
that will create jobs, grow the economy,
and enhance national security.
NIST is seeking broad input and
participation from stakeholders in
Federal R&D, intellectual property, and
technology transfer to assist in
identifying and prioritizing issues and
proposed solutions. This assessment
will address: (a) Core Federal
technology transfer principles and
practices that should be protected, and
those which should be adapted or
changed; (b) approaches to improve
efficiency and reduce regulatory
burdens for technology transfer to
attract private sector investment in laterstage R&D, commercialization, and
advanced manufacturing; (c) new
partnering models and technology
transfer mechanisms with the private
sector, academia, other Federal
agencies, state, and other public-sector
entities to support technology
development and maturation; (d) new
approaches that will reduce or remove
barriers, and enable accelerated
technology transfer, with a focus on
areas of strategic national importance;
(e) better metrics and methods to
evaluate the ROI outcomes and impacts
arising from Federal R&D investment;
and (f) new approaches to motivate
4 https://www.nist.gov/tpo/return-investment-roiinitiative.
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significantly increased technology
transfer outcomes from the Federal
sector, universities, and research
organizations.
The systemic challenges to effective
transfer of technology, knowledge, and
capabilities from Federal R&D have been
discussed in studies, some of which are
highlighted on the ROI Initiative
website: www.nist.gov/tpo/roi. These
challenges include:
• High transaction costs and slow
response times associated with
negotiating intellectual property terms
and indemnification provisions,
• Inconsistent interpretation of
requirements and authorities by Federal
agencies,
• Inconsistent practices across
Federal agencies,
• Limitations to intellectual property
rights such as (i) inability to copyright
software and digital products developed
by government operated laboratories
and transfer copyright protection for
software and digital products to benefit
U.S. companies, (ii) difficulties to
protecting trade secrets and know-how
when Federal laboratories work in
collaboration with U.S. companies, and
(iii) industry concern about the scope of
required government use licenses and
whether and under what circumstances
the government may exercise march-in
rights, and
• Requiring Federal employees to
leave government service to engage in
entrepreneurship and spin-off of
technology companies as well as
Conflict of Interest ethics provisions
that make it difficult for them to access
the resources they need to be successful
in developing and commercializing the
technology.
To address these challenges, and
others identified through this RFI and
associated Public Forums, the ROI
Initiative will utilize a multipronged
process in which NIST will consider all
available approaches, including:
• Identifying agency policies and best
practices to promote consistent
interpretation of existing authorities,
• Promulgating regulations that
provide consistent interpretation of
authorities across Federal agencies,
consistent with agency mission, and
• If appropriate, seeking legislation to
promote effective technology transfer.
II. Public Meetings
Four public meetings will be held as
indicated in the DATES and ADDRESSES
section. Requests to participate must be
received via the meeting website at
https://www.nist.gov/tpo/returninvestment-public-forums by the dates
noted for each meeting in the DATES
section. Fifty (50) seats for each meeting
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices
are available on a first-come, first-served
basis. All public meetings will be
recorded and transcribed for internal
NIST use only.
For participants attending the May 17
meeting at the USPTO Regional Office
in San Jose, a government-issued photo
ID is required for building access.
For participants attending the June 14
meeting at the NIST Gaithersburg
campus, please note that NIST can only
accept a state-issued driver’s license or
identification card for access to Federal
facilities if such license or identification
card is issued by a state that is
compliant with the REAL ID Act of 2005
(Pub. L. 109–13), or by a state that has
an extension for REAL ID compliance.
NIST currently accepts other forms of
Federal-issued identification in lieu of a
state-issued driver’s license. For
detailed information please contact
Mary Lou Norris at 301–975–2002 or
visit: https://nist.gov/public_affairs/
visitor/.
To request accommodation of a
disability, please contact the person
listed under FOR FURTHER INFORMATON
CONTACT, no later than seven (7)
calendar days prior to the selected
meeting to allow as much time as
possible to process your request.
amozie on DSK30RV082PROD with NOTICES
III. Request for Information
18:12 Apr 30, 2018
Authority: 15 U.S.C. 3710(g); Department
Organization Order 30–2A.
Phillip A. Singerman,
Associate Director for Innovation and
Industry Services.
[FR Doc. 2018–09182 Filed 4–30–18; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Renewal of the Advisory Committee on
Commercial Remote Sensing
ACTION:
Respondents are encouraged—but are
not required—to respond to each
question and to present their answers
after each question. The following
questions cover the major areas about
which NIST seeks comment.
Respondents may organize their
submissions in response to this RFI in
any manner. Responses may include
estimates, which should be identified as
such.
All responses that comply with the
requirements listed in the DATES and
ADDRESSES sections of this RFI will be
considered.
NIST is interested in receiving
responses to the following questions
from the stakeholder community:
(1) What are the core Federal
technology transfer principles and
practices that should be protected, and
those which should be adapted or
changed?
(2) What are the issues that pose
systemic challenges to the effective
transfer of technology, knowledge, and
capabilities resulting from Federal R&D?
Please consider those identified in the
RFI as well as others that may have
inhibited collaborations with Federal
laboratories, access to other federally
funded R&D, or commercialization of
technologies resulting from Federal
R&D.
VerDate Sep<11>2014
(3) What is the proposed solution for
each issue that poses a systemic
challenge to the effective transfer of
technology, knowledge, and capabilities
resulting from Federal R&D? Please
consider the approaches identified in
the RFI.
(4) What are other ways to
significantly improve the transfer of
technology, knowledge, and capabilities
resulting from Federal R&D to benefit
U.S. innovation and the economy? What
changes would these proposed
improvements require to Federal
technology transfer practices, policies,
regulations, and legislation?
Jkt 244001
The Secretary of Commerce
has determined that the renewal of the
Advisory Committee on Commercial
Remote Sensing (ACCRES) is in the
public interest in connection with the
performance of duties imposed on the
Department by law. ACCRES was
renewed on March 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Samira Patel, Commercial Remote
Sensing Regulatory Affairs Office,
NOAA Satellite and Information
Services, 1335 East-West Highway,
Room 8247, Silver Spring, Maryland
20910; telephone (301) 713–7077, email
samira.patel@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Committee was first established in May
2002, to advise the Under Secretary of
Commerce for Oceans and Atmosphere
on matters relating to the U.S.
commercial remote-sensing industry
and NOAA’s activities to carry out the
responsibilities of the Department of
Commerce set forth in the National and
Commercial Space Programs Act of 2010
(The Act) Title 51 U.S.C. 60101 et seq.
(formally the Land Remote Sensing
Policy Act of 1992 15 U.S.C. Secs. 5621–
5625).
ACCRES will have a fairly balanced
membership consisting of
approximately 9 to 20 members serving
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Fmt 4703
Stephen M. Volz,
Assistant Administrator for Satellite and
Information Services.
[FR Doc. 2018–08994 Filed 4–30–18; 8:45 am]
BILLING CODE 3510–HR–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Notice.
SUMMARY:
PO 00000
in a representative capacity. All
members should have expertise in
remote sensing, space commerce or a
related field. Each candidate member
shall be recommended by the Assistant
Administrator and shall be appointed by
the Under Secretary for a term of two
years at the discretion of the Under
Secretary.
The Committee will function solely as
an advisory body, and in compliance
with provisions of the Federal Advisory
Committee Act. Copies of the
Committee’s revised Charter have been
filed with the appropriate committees of
the Congress and with the Library of
Congress.
This renewal is in accordance with
the provisions of the Federal Advisory
Committee Act, 5 U.S.C. App 2, and the
General Services Administration (GSA)
rule on Federal Advisory Committee
Management, 41 CFR part 101–6. The
Secretary made the determination after
consultation with GSA,
Sfmt 4703
Credit Union Advisory Council Meeting
Bureau of Consumer Financial
Protection.
ACTION: Notice of public meeting.
AGENCY:
Under the Federal Advisory
Committee Act (FACA), this notice sets
forth the announcement of a public
meeting of the Credit Union Advisory
Council (CUAC or Council) of the
Bureau of Consumer Financial
Protection (Bureau). The notice also
describes the functions of the Council.
DATES: The meeting date is Thursday,
May 17, 2018, from approximately 9:00
a.m. to 3:00 p.m. eastern daylight time.
The CUAC Card, Payment, and Deposits
Markets Subcommittee, CUAC
Consumer Lending Subcommittee, and
CUAC Mortgages and Small Business
Lending Markets Subcommittee
meetings will also take place on May 17,
2018.
ADDRESSES: The meeting location is the
Bureau of Consumer Financial
Protection, 1700 G Street NW,
Washington, DC 20552.
FOR FURTHER INFORMATION CONTACT:
Crystal Dully, Outreach and Engagement
Associate, 202–435–9588, CFPB_
CABandCouncilsEvents@cfpb.gov,
Consumer Advisory Board and Councils
SUMMARY:
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Agencies
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Pages 19052-19054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09182]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
[Docket Number: 180220199-819-01]
Request for Information Regarding Federal Technology Transfer
Authorities and Processes
AGENCY: National Institute of Standards and Technology, Department of
Commerce.
ACTION: Notice of public meetings; Request for Information (RFI).
-----------------------------------------------------------------------
SUMMARY: The Federal government invests approximately $150 billion
annually \1\ in research and development (R&D). For the results of this
investment to produce economic gain and maintain a strong national
security innovation base, the results must be transferred to private
companies to create new products and services. In order to advance the
President's Management Agenda to modernize government for the 21st
century, including the associated Lab-to-Market cross-agency priority
(CAP) Goal in coordination with the White House Office of Science and
Technology Policy (OSTP), the National Institute of Standards and
Technology (NIST) is initiating an effort to refocus Federal technology
transfer on sound business principles based on private investment. NIST
requests information from the public regarding the current state of
Federal technology transfer and the public's ability to engage with
Federal laboratories and access federally funded R&D through
collaborations, licensing, and other mechanisms. Responses to this RFI
will inform NIST's evaluation of Federal technology transfer practices,
policies, regulations, and/or laws that promote the transfer of Federal
technologies and the practical application of those technologies,
including through commercialization by the private sector. NIST will
hold public meetings regarding the initiative and the stakeholder
engagement process at the times and locations indicated below.
---------------------------------------------------------------------------
\1\ Analytical Perspectives, Budget of the United States
Government, Fiscal Year 2019, Ch. 18. Available at https://www.gpo.gov/fdsys/pkg/BUDGET-2019-PER/pdf/BUDGET-2019-PER.pdf.
DATES:
For Comments:
Comments must be received by 5:00 p.m. Eastern time on July 30,
2018. Written comments in response to the RFI should be submitted
according to the instructions in the ADDRESSES and SUPPLEMENTARY
INFORMATION sections below. Submissions received after that date may
not be considered.
For Public Meetings/Webcast:
A meeting will be held on May 17, 2018 from 9 a.m. to noon Pacific
Time at the Silicon Valley USPTO Regional Office in San Jose, CA.
Requests to participate must be received via the meeting website no
later than May 15, 2018.
A meeting will be held on May 21, 2018 from 9 a.m. to noon Mountain
Time at the Renaissance Denver Downtown City Center Hotel in Denver,
CO. Requests to participate must be received via the meeting website no
later than May 17, 2018.
A meeting will be held on May 31, 2018 from 9 a.m. to noon Central
Time at the Hilton Chicago/Oak Lawn in Oak Lawn, IL. Requests to
participate must be received via the meeting website no later than May
29, 2018.
A meeting and simultaneous webcast will be held on June 14, 2018
from 9 a.m. to noon Eastern Time at the NIST Campus in Gaithersburg,
MD. Requests to participate must be received via the meeting website no
later than June 8, 2018.
ADDRESSES:
For Comments:
Responses can be submitted by either of the following methods:
Agency Website: https://www.nist.gov/tpo/roi-rfi-response.
Follow the instructions for sending comments on the agency website.
Email: [email protected]. Include ``RFI Response: Federal
Technology Transfer Authorities and Processes'' in the subject line of
the message.
Instructions: Attachments will be accepted in plain text, Microsoft
Word, or Adobe PDF formats. Comments containing references, studies,
research, and other empirical data that are not widely published should
include copies or electronic links of the referenced materials.
All submissions, including attachments and other supporting
materials, will become part of the public record and subject to public
disclosure. NIST reserves the right to publish comments publicly,
unedited and in their entirety. Sensitive personal information, such as
account numbers or Social Security numbers, or names of other
individuals, should not be included. Submissions will not be edited to
remove any identifying or contact information. Do not submit
confidential business information, or otherwise sensitive or protected
information. Comments that contain profanity, vulgarity, threats, or
other inappropriate language or content will not be considered.
For Public Meetings/Webcast:
A May 17, 2018 public meeting will be held in the Silicon Valley
USPTO Regional Office, California Room, 26 S. Fourth Street, San Jose,
CA.
A May 21, 2018 public meeting will be held in the Renaissance
Denver Downtown City Center Hotel, Beauty Ballroom, 918 17th Street,
Denver, CO.
A May 31, 2018 public meeting will be held in the Hilton Chicago/
Oak Lawn, Oak Room, 9333 S Cicero Ave, Oak Lawn, IL.
A June 14, 2018 public meeting and simultaneous webcast will be
held in Building 101, West Square on the NIST
[[Page 19053]]
Campus, 100 Bureau Drive, Gaithersburg, MD.
Details about attending the meetings and accessing the June 14
webcast are available at https://www.nist.gov/tpo/return-investment-public-forums.
FOR FURTHER INFORMATION CONTACT: Dr. Courtney Silverthorn, Deputy
Director, Technology Partnerships Office, National Institute of
Standards and Technology, 100 Bureau Drive MS 2201, Gaithersburg, MD
20899, 301-975-4189, or by email to [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Federal government invests approximately $150 billion per year
in R&D. Of this total, approximately one-third is invested at over 300
Federal laboratories \2\ across the country and approximately two-
thirds is invested at universities and private sector R&D institutions.
For the results of this investment to produce economic gain and
maintain a strong national security innovation base, the results must
be put to productive use through applied research, services to the
public, and transfer to private companies to create new products and
services.
---------------------------------------------------------------------------
\2\ Includes federally funded laboratories, i.e., government
owned/government operated, government owned/contractor operated
(GOCO), and federally-funded research and development centers
(FFRDCs).
---------------------------------------------------------------------------
Federal technology transfer policies and procedures are governed by
legislation, much of which dates to the 1980s. A compilation of Federal
technology transfer legislation, including the Stevenson-Wydler
Technology Innovation Act of 1980 and the Bayh-Dole Act of 1980 is
available online from the Federal Laboratory Consortium.\3\
---------------------------------------------------------------------------
\3\ ``The Green Book: Federal Technology Transfer Legislation
and Policy''. Federal Laboratory Consortium for Technology Transfer,
2013. Available at https://www.federallabs.org/learning-center/on-demand/reference-materials/federal-technology-transfer-legislation-and-policy.
---------------------------------------------------------------------------
Existing Federal technology transfer laws have served the Nation
well over nearly four decades. These laws, which continue to support
U.S. innovation, have been widely emulated by other countries. However,
in an increasingly competitive environment, it is important to ask
whether and how current laws, regulations, policies, and practices
could more effectively promote technology transfer to productive uses,
and, where appropriate, commercialization of federally developed
technologies and Federal research capabilities, and also encourage
public-private partnerships to reach their full potential to create
value for the U.S. economy in the 21st Century. For America to maintain
its position among the world's innovation leaders, it is essential that
our technology transfer system functions effectively. NIST intends to
engage broadly with private- and public-sector stakeholders to assess
the ability of Federal technology transfer policies, practices, and
efforts to meet current and future needs in a rapidly shifting
technology marketplace, and to best serve U.S. competitiveness
globally.
In order to advance the President's Management Agenda to modernize
government for the 21st century, including the associated Lab-to-Market
CAP Goal in coordination with the White House's OSTP, NIST is
initiating a Return on Investment (ROI) Initiative \4\ with the intent
of conducting a comprehensive assessment of the Federal technology
transfer system that will identify opportunities to improve Federal
technology transfer efforts, policies, and practices. The goal of this
effort is to, where appropriate, streamline and accelerate transfer of
technology from Federal R&D investments to attract greater private-
sector investment for innovative products, processes, and services, as
well as new businesses and industries that will create jobs, grow the
economy, and enhance national security.
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\4\ https://www.nist.gov/tpo/return-investment-roi-initiative.
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NIST is seeking broad input and participation from stakeholders in
Federal R&D, intellectual property, and technology transfer to assist
in identifying and prioritizing issues and proposed solutions. This
assessment will address: (a) Core Federal technology transfer
principles and practices that should be protected, and those which
should be adapted or changed; (b) approaches to improve efficiency and
reduce regulatory burdens for technology transfer to attract private
sector investment in later-stage R&D, commercialization, and advanced
manufacturing; (c) new partnering models and technology transfer
mechanisms with the private sector, academia, other Federal agencies,
state, and other public-sector entities to support technology
development and maturation; (d) new approaches that will reduce or
remove barriers, and enable accelerated technology transfer, with a
focus on areas of strategic national importance; (e) better metrics and
methods to evaluate the ROI outcomes and impacts arising from Federal
R&D investment; and (f) new approaches to motivate significantly
increased technology transfer outcomes from the Federal sector,
universities, and research organizations.
The systemic challenges to effective transfer of technology,
knowledge, and capabilities from Federal R&D have been discussed in
studies, some of which are highlighted on the ROI Initiative website:
www.nist.gov/tpo/roi. These challenges include:
High transaction costs and slow response times associated
with negotiating intellectual property terms and indemnification
provisions,
Inconsistent interpretation of requirements and
authorities by Federal agencies,
Inconsistent practices across Federal agencies,
Limitations to intellectual property rights such as (i)
inability to copyright software and digital products developed by
government operated laboratories and transfer copyright protection for
software and digital products to benefit U.S. companies, (ii)
difficulties to protecting trade secrets and know-how when Federal
laboratories work in collaboration with U.S. companies, and (iii)
industry concern about the scope of required government use licenses
and whether and under what circumstances the government may exercise
march-in rights, and
Requiring Federal employees to leave government service to
engage in entrepreneurship and spin-off of technology companies as well
as Conflict of Interest ethics provisions that make it difficult for
them to access the resources they need to be successful in developing
and commercializing the technology.
To address these challenges, and others identified through this RFI
and associated Public Forums, the ROI Initiative will utilize a
multipronged process in which NIST will consider all available
approaches, including:
Identifying agency policies and best practices to promote
consistent interpretation of existing authorities,
Promulgating regulations that provide consistent
interpretation of authorities across Federal agencies, consistent with
agency mission, and
If appropriate, seeking legislation to promote effective
technology transfer.
II. Public Meetings
Four public meetings will be held as indicated in the DATES and
ADDRESSES section. Requests to participate must be received via the
meeting website at https://www.nist.gov/tpo/return-investment-public-forums by the dates noted for each meeting in the DATES section. Fifty
(50) seats for each meeting
[[Page 19054]]
are available on a first-come, first-served basis. All public meetings
will be recorded and transcribed for internal NIST use only.
For participants attending the May 17 meeting at the USPTO Regional
Office in San Jose, a government-issued photo ID is required for
building access.
For participants attending the June 14 meeting at the NIST
Gaithersburg campus, please note that NIST can only accept a state-
issued driver's license or identification card for access to Federal
facilities if such license or identification card is issued by a state
that is compliant with the REAL ID Act of 2005 (Pub. L. 109-13), or by
a state that has an extension for REAL ID compliance. NIST currently
accepts other forms of Federal-issued identification in lieu of a
state-issued driver's license. For detailed information please contact
Mary Lou Norris at 301-975-2002 or visit: https://nist.gov/public_affairs/visitor/.
To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, no later than seven (7)
calendar days prior to the selected meeting to allow as much time as
possible to process your request.
III. Request for Information
Respondents are encouraged--but are not required--to respond to
each question and to present their answers after each question. The
following questions cover the major areas about which NIST seeks
comment. Respondents may organize their submissions in response to this
RFI in any manner. Responses may include estimates, which should be
identified as such.
All responses that comply with the requirements listed in the DATES
and ADDRESSES sections of this RFI will be considered.
NIST is interested in receiving responses to the following
questions from the stakeholder community:
(1) What are the core Federal technology transfer principles and
practices that should be protected, and those which should be adapted
or changed?
(2) What are the issues that pose systemic challenges to the
effective transfer of technology, knowledge, and capabilities resulting
from Federal R&D? Please consider those identified in the RFI as well
as others that may have inhibited collaborations with Federal
laboratories, access to other federally funded R&D, or
commercialization of technologies resulting from Federal R&D.
(3) What is the proposed solution for each issue that poses a
systemic challenge to the effective transfer of technology, knowledge,
and capabilities resulting from Federal R&D? Please consider the
approaches identified in the RFI.
(4) What are other ways to significantly improve the transfer of
technology, knowledge, and capabilities resulting from Federal R&D to
benefit U.S. innovation and the economy? What changes would these
proposed improvements require to Federal technology transfer practices,
policies, regulations, and legislation?
Authority: 15 U.S.C. 3710(g); Department Organization Order 30-
2A.
Phillip A. Singerman,
Associate Director for Innovation and Industry Services.
[FR Doc. 2018-09182 Filed 4-30-18; 8:45 am]
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