[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] IMPROVING TECHNOLOGY TRANSFER AT UNIVERSITIES, RESEARCH INSTITUTES, AND NATIONAL LABORATORIES ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON RESEARCH AND TECHNOLOGY COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ WEDNESDAY, JULY 24, 2013 __________ Serial No. 113-43 __________ Printed for the use of the Committee on Science, Space, and Technology Available via the World Wide Web: http://science.house.gov U.S. GOVERNMENT PRINTING OFFICE 82-222 WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected]. COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. LAMAR S. SMITH, Texas, Chair DANA ROHRABACHER, California EDDIE BERNICE JOHNSON, Texas RALPH M. HALL, Texas ZOE LOFGREN, California F. JAMES SENSENBRENNER, JR., DANIEL LIPINSKI, Illinois Wisconsin DONNA F. EDWARDS, Maryland FRANK D. LUCAS, Oklahoma FREDERICA S. WILSON, Florida RANDY NEUGEBAUER, Texas SUZANNE BONAMICI, Oregon MICHAEL T. McCAUL, Texas ERIC SWALWELL, California PAUL C. BROUN, Georgia DAN MAFFEI, New York STEVEN M. PALAZZO, Mississippi ALAN GRAYSON, Florida MO BROOKS, Alabama JOSEPH KENNEDY III, Massachusetts RANDY HULTGREN, Illinois SCOTT PETERS, California LARRY BUCSHON, Indiana DEREK KILMER, Washington STEVE STOCKMAN, Texas AMI BERA, California BILL POSEY, Florida ELIZABETH ESTY, Connecticut CYNTHIA LUMMIS, Wyoming MARC VEASEY, Texas DAVID SCHWEIKERT, Arizona JULIA BROWNLEY, California THOMAS MASSIE, Kentucky MARK TAKANO, California KEVIN CRAMER, North Dakota ROBIN KELLY, Illinois JIM BRIDENSTINE, Oklahoma RANDY WEBER, Texas CHRIS STEWART, Utah VACANCY ------ Subcommittee on Research and Technology HON. LARRY BUCSHON, Indiana, Chair STEVEN M. PALAZZO, Mississippi DANIEL LIPINSKI, Illinois MO BROOKS, Alabama FEDERICA WILSON, Florida RANDY HULTGREN, Illinois ZOE LOFGREN, California STEVE STOCKMAN, Texas SCOTT PETERS, California CYNTHIA LUMMIS, Wyoming AMI BERA, California DAVID SCHWEIKERT, Arizona DEREK KILMER, Washington THOMAS MASSIE, Kentucky ELIZABETH ESTY, Connecticut JIM BRIDENSTINE, Oklahoma ROBIN KELLY, Illinois LAMAR S. SMITH, Texas EDDIE BERNICE JOHNSON, Texas C O N T E N T S Wednesday, July 24, 2013 Page Witness List..................................................... 2 Hearing Charter.................................................. 3 Opening Statements Statement by Representative Larry Bucshon, Chairman, Subcommittee on Research and Technology, Committee on Science, Space, and Technology, U.S. House of Representatives...................... 7 Written Statement............................................ 8 Statement by Representative Daniel Lipinski, Ranking Minority Member, Subcommittee on Research and Technology, Committee on Science, Space, and Technology, U.S. House of Representatives.. 8 Written Statement............................................ 10 Statement by Representative Eddie Bernice Johnson, Ranking Member, Committee on Science, Space, and Technology, U.S. House of Representatives............................................. 11 Written Statement............................................ 12 Witnesses: Dr. Brian R. Wamhoff, Vice President of Research & Development, Co-founder, HemoShear, LLC Oral Statement............................................... 14 Written Statement............................................ 17 Dr. Elizabeth Hart-Wells, Assistant Vice President for Research, Associate Director of the Burton D. Morgan Center for Entrepreneurship, Purdue University Oral Statement............................................... 21 Written Statement............................................ 23 Dr. Erik Lium, Assistant Vice Chancellor, Office of Innovation, Technology & Alliances, University of California, San Francisco Oral Statement............................................... 36 Written Statement............................................ 38 Discussion....................................................... 47 Appendix I: Additional Material for the Record Submitted statement by Representative Lamar Smith, Chairman, Committee on Science, Space, and Technology, U.S. House of Representatives................................................ 58 IMPROVING TECHNOLOGY TRANSFER AT UNIVERSITIES, RESEARCH INSTITUTES, AND NATIONAL LABORATORIES ---------- WEDNESDAY, JULY 24, 2013 House of Representatives, Subcommittee on Research and Technology Committee on Science, Space, and Technology, Washington, D.C. The Subcommittee met, pursuant to call, at 3:08 p.m., in Room 2318 of the Rayburn House Office Building, Hon. Larry Bucshon [Chairman of the Subcommittee] presiding. [GRAPHIC] [TIFF OMITTED] T2222.001 [GRAPHIC] [TIFF OMITTED] T2222.002 [GRAPHIC] [TIFF OMITTED] T2222.003 [GRAPHIC] [TIFF OMITTED] T2222.004 [GRAPHIC] [TIFF OMITTED] T2222.005 Chairman Bucshon. The Subcommittee on Research and Technology will come to order. Good afternoon. Welcome to today's hearing entitled, ``Improving Technology Transfer at Universities, Research Institutes, and National Laboratories.'' In front of you are packets containing the written testimony, biographies, and truth in testimony disclosures for today's witnesses. I now recognize myself for five minutes for an opening statement. Today's hearing is being held to review innovative approaches to technology transfer at universities, research institutes, and national laboratories, and to examine a discussion draft of legislation titled, ``The Innovative Approaches to Technology Transfer Act of 2013.'' In 2012, the Federal Government funded more than $131 billion in research and development activities. More than half of all basic research conducted at our Nation's colleges and universities is funded by the Federal Government. According to the Association of University Technology Managers, technology transfer is the process by which universities and research institutes transfer scientific findings from one organization to another for the purpose of further development or commercialization. The Bayh-Dole Act, passed in 1980, changed the incentive structure for universities and research institutes to work with commercial entities, including small businesses, to license and patent technologies. The Small Business Technology Transfer or STTR Program was created to provide Federal R&D funding for proposals that are developed and executed jointly between small business and a researcher in a nonprofit research organization. My own State of Indiana has seen 99 STTR awards totaling more than $26 million. Both Bayh-Dole and the STTR Program have helped to create jobs and translate new technologies into the marketplace. However, while the rate of technology transfer at our Nation's universities, research institutes, and national laboratories has increased since the passage of the Bayh-Dole Act and the creation of the STTR Program, I believe we can do even better. The draft legislation, which is being developed under the leadership of my colleague from New York, Mr. Collins, will create a program to incentivize research institutions to implement innovative approaches to technology transfer to achieve better outcomes. The legislation would dedicate a portion of STTR Program funding to provide grants to research institutions to help facilitate and accelerate the transfer of federally funded research and technology into the marketplace. We will be hearing today from the co-founder of a growing biotechnology business based in Charlottesville, Virginia, that was developed out of federally funded R&D, with the assistance of private foundation technology transfer grant funding. We will also hear from the Assistant Vice President for Research and Associate Director of the Burton D. Morgan Center for Entrepreneurship at Purdue University in my home State of Indiana and from the Assistant Vice Chancellor for the Office of Innovation, Technology, and Alliances at the University of California, San Francisco. Our witnesses have first-hand experience in technology transfer and can provide insight into how the proposed grant program could help facilitate better technology transfer outcomes. I am looking forward to hearing from our witnesses on their thoughts about the proposed legislation, including any recommendations they have for improvements. I would like to thank all of our witnesses for being here today, and we look forward to your testimony. [The prepared statement of Mr. Bucshon follows:] Prepared Statement of Subcommittee on Research and Technology Chairman Larry Bucshon Good afternoon, I'd like to welcome everyone to today's hearing, which is being held to review innovative approaches to technology transfer at universities, research institutes and National Laboratories, and to examine a discussion draft of legislation, titled the ``Innovative Approaches to Technology Transfer Act of 2013.'' In 2012, the Federal Government funded more than $131 billion in research and development activities. More than half of all basic research conducted at our nation's colleges and universities is funded by the Federal Government. According to the Association of University Technology Managers, technology transfer is the process by which universities and research institutes transfer scientific findings from one organization to another for the purpose of further development or commercialization. The Bayh-Dole Act, passed in 1980, changed the incentive structure for universities and research institutes to work with commercial entities, including small businesses, to license and patent technologies. The Small Business Technology Transfer or STTR program was created to provide federal R&D funding for proposals that are developed and executed jointly between a small business and a researcher in a nonprofit research organization. My own state of Indiana has seen 99 STTR awards totaling more than $26 million. Both Bayh-Dole and the STTR program have helped to create jobs and translate new technologies into the marketplace. However, while the rate of technology transfer at our nation's universities, research institutes and national laboratories has increased since the passage of the Bayh-Dole Act and the creation of the STTR program, I believe we can do even better. The draft legislation, which is being developed under the leadership of my colleague from New York, Mr. Collins, will create a program to incentivize research institutions to implement innovative approaches to technology transfer to achieve better outcomes. The legislation would dedicate a portion of STTR program funding to provide grants to research institutions to help facilitate and accelerate the transfer of federally funded research and technology into the marketplace. We will be hearing today from the co-founder of a growing biotechnology business based in Charlottesville, Virginia that was developed out of federally funded R&D, with the assistance of private foundation technology transfer grant funding. We will also hear from the Assistant Vice President for Research and Associate Director of the Burton D. Morgan Center for Entrepreneurship at Purdue University in my home state of Indiana. And from the Assistant Vice Chancellor for the Office of Innovation, Technology, and Alliances at the University of California, San Francisco. Our witnesses have first-hand experience in technology transfer and can provide insight into how the proposed grant program could help facilitate better technology transfer outcomes. I'm looking forward to hearing from our witnesses on their thoughts about the proposed legislation, including any recommendations they have for improvements.We thank our witnesses for being here today and we look forward to your testimony. Chairman Bucshon. I will now recognize the Ranking Member, the gentleman from Illinois, Mr. Lipinski, for an opening statement. Mr. Lipinski. Thank you, Mr. Chairman. Thank you for holding this hearing, and thank each of our witnesses for being here to share your thoughts on this topic and the draft legislation we are considering today. Today concerned Americans continue to ask the question, ``What is the future of American jobs?'' A big part of our future competitiveness depends on our ability to move new and emerging technologies out of the lab and into the mainstream of commerce. Accelerating technology transfer from our universities and national labs is one of my highest priorities since I have come to Congress. I believe the potential for job creation emanating from research being performed at these institutions is immense. We must capitalize on these opportunities and get the best possible return in our investments in research through the creation of new projects, new companies, and new American jobs. Let me make one point clear. Our competitors have noticed how well our innovation system works and many are trying to imitate it. Countries like China and members of the European Union are now investing heavily in their own R&D programs. Combined business and government spending in R&D in China, for instance, has been increasing by almost 20 percent a year over the past decade, and China has already overtaken Japan as the number two publishers of scientific articles. They are determined to move up the value chain into higher-tech, higher- paying jobs. We need sustained investments and smart policies if we want to remain the world leader in science and technology. However, the path from the lab to a successful business is anything but straightforward. It depends on an integrated network of private companies, scientists and engineers, universities, venture capitalists, startups, and entrepreneurs. It also depends on the entrepreneurial environment, timing, and luck. Some universities have had more success in technology transfer than others. Some scientists are better prepared or more inclined to be entrepreneurial, and some parts of the country have cultivated networks of entrepreneurials and venture capitalists who have vast experience turning ideas into products that can transform our everyday lives. This draft legislation attempts to increase the successful transition to thriving startup by supporting innovative approaches to technology transfer. The draft bill language is similar to an amendment I sponsored two years ago to the Creating Jobs Through Small Business Innovation Act of 2011. My amendment was incorporated into SBIR/STTR Reauthorization with bipartisan support and allowed for a Proof of Concept Pilot Program at the National Institutes of Health. That amendment, similar to the legislation being discussed today, did not spend any new money. Instead, it allowed NIH to use money from their STTR fund to set up a grant program to support translational research and entrepreneurial education activities at universities across the Nation. At a time when we struggle with job creation in a fast- changing global economy, we need to be looking more closely at how best we can help our universities and national labs, filled with the world's best researchers, be even better economic engines that power America's future. When technologies have been developed with Federal taxpayer resources, we should explore whether there is a role for the government to play in aiding potential commercialization. Most venture capitalists are unwilling to take on the risk in the early-stages of the innovation ecosystem, and in fact, their investments are moving farther and farther downstream. I believe this legislation has the potential to improve our return on investment and research, and I am interested in our witnesses' recommendations on a draft bill. In particular, I am interested in hearing their comments on using funds from the STTR Program to support technology transfer activities, as well as their thoughts on the reporting obligations of the draft bill and whether this information is readily available or would be overly burdensome to collect. I know that alleviating bureaucratic burdens on universities has rightfully been the focus of this Subcommittee. I also hope the witnesses will provide us with some information on best practices, model programs, or policies that can improve the technology transfer process, and appropriate role of the Federal Government in supporting such efforts. The draft legislation as written gives agencies discretion on what types of programs to fund with these grants. I would like to understand the most useful places for the Federal Government to be involved and the major gaps or barriers that our resources can help overcome. I look forward to working to advance legislation on this important topic. We need to do all we can to help turn American discoveries into American jobs, and as I said, I very much like this--the draft legislation we have out there, maybe because I believe Mr. Collins is a mechanical engineer, the most brilliant people that there are, but I think that we have-- there is a lot that we can learn from the witnesses today about how best to take the draft legislation and put it into a final bill. But I appreciate the opportunity to hear from our witnesses today. Thank you. [The prepared statement of Mr. Lipinski follows:] Prepared Statement of Subcommittee on Research and Technology Ranking Minority Member Daniel Lipinski Mr. Chairman, thank you for holding this hearing and thank you to our witnesses for being here to share your thoughts on the topic and the draft legislation we are considering today. Today, concerned Americans continue to ask, ``What is the future of American jobs?'' A big part of our future competitiveness depends on our ability to move new and emerging technologies out of the lab and into the mainstream of commerce. Accelerating technology transfer from our universities and national labs has been one of my highest priorities since coming to Congress. I believe the potential for job creation emanating from research being performed at these institutions is immense. We must capitalize on these opportunities and get the best possible return on our investments in research through the creation of new products, new companies, and new American jobs. Let me make one point clear: Our competitors have noticed how well our innovation system works, and many are trying to imitate it. Countries like China and members of the European Union are now investing heavily in their own R&D programs. Combined business and government spending on R&D in China, for instance, has been increasing by almost 20% a year over the past decade, and China has already overtaken Japan as the number two publisher of scientific articles. They are determined to move up the value chain into higher tech, higher paying jobs. We need sustained investments and smart policies if we want to remain the world leader in science and technology. However, the path from the lab to a successful business is anything but straightforward. It depends on an integrated network of private companies, scientists and engineers, universities, venture capitalists, startups, and entrepreneurs. It also depends on the entrepreneurial environment, timing, and luck. Some universities have had more success in technology transfer than others. Some scientists are better prepared or more inclined to be entrepreneurial. And some parts of the country have cultivated networks of entrepreneurs and venture capitalists who have vast experience turning ideas into products that can transform our everyday lives. The draft legislation attempts to increase the successful transition to thriving startup by supporting ``innovative approaches to technology transfer.'' In fact, the draft bill language is similar to an amendment I sponsored two years ago to the Creating Jobs Through Small Business Innovation Act of 2011. My amendment was incorporated into the SBIR/STTR reauthorization with bipartisan support and allowed for a Proof of Concept Pilot Program at the National Institutes of Health. That amendment, similar to the legislation being discussed today, did not spend any new money. Instead, it allowed NIH to use money from their STTR fund to set up a grant program to support translational research and entrepreneurial education activities at universities across the nation. At a time when we struggle with job creation and a fast-changing global economy, we need to be looking more closely at how we can best help our universities and national labs--filled with the world's best researchers--be even better economic engines that power America's future. When technologies have been developed with Federal taxpayer resources, we should explore whether there is a role for the government to play in aiding potential commercialization. Most venture capitalists are unwilling to take on the risk in the early-stages of the innovation ecosystem, and in fact their investments are moving farther and farther downstream. I believe this legislation has the potential to improve our return on investment in research, and I am interested in our witnesses' recommendations on the draft bill. In particular, I am interested in hearing their comments on using funds from the STTR program to support technology transfer activities, as well as their thoughts on the reporting obligations in the draft bill and whether this information is readily available or would be overly burdensome to collect. I know that alleviating bureaucratic burdens on universities has rightfully been a focus of this Subcommittee. I also hope the witnesses will provide us with some information on best practices, model programs, or policies that can improve the technology transfer process, and the appropriate role of the federal government in supporting such efforts. The draft legislation, as written, gives agencies discretion on what types of programs to fund with these grants. I'd like to understand the most useful places for the federal government to be involved and the major gaps or barriers federal resources can help overcome. I look forward to working with you to advance legislation on this important topic. We need to do all we can to help turn American discoveries into American jobs. Thank you Mr. Chairman. I yield back the balance of my time. Chairman Bucshon. Thank you very much. I am now going to recognize the Ranking Member of the full Committee, Ms. Johnson, for an opening statement. Ms. Johnson. Thank you very much, Mr. Chairman, and thank you for calling the hearing today on this draft legislation, Innovative Approaches to Technology Transfer Act of 2013. I am glad that this Subcommittee is taking a serious look at the issue of facilitating the creation of successful, profitable, and sustainable small businesses from the discoveries of our research and development enterprise. The topic today is so critical to our Nation's economic and national security. As we continue our efforts to keep our economy on the path of recovery, it is more important than ever that we recommit ourselves to innovation in the United States. As the President remarked two years ago in his State of the Union Address, we need to out-innovate, out-educate, and out- build the rest of the world. Our universities and Federal labs are the foundation that America's future will be built upon. We have world-class scientists and engineers engaged in cutting-edge research that can change the world. We must examine how to translate and transition this research out of the lab into the marketplace. Our innovation model has been the gold standard for many years, and nations around the world have been adopting it. However, we are all very aware that our competitors are multiplying their investments in not only R&D and STEM education but also in commercialization activities. The United States cannot afford to be left behind. The ideas from our researchers and entrepreneurs with the most commercial potential deserve our best efforts. In contemplating the next steps for advancing technology transfer, our ultimate goal is to promote the creation of innovation ecosystems that sustain long-term and mutually- beneficial collaborations. Many of today's most beneficial technologies do not emerge out of the straight-line process but rather they involve the interactions of a network of various public and private-sector elements. While we understand that university culture and business culture are separate and unique entities, we need to learn more about innovative approaches and collaborations that can accelerate technology transfer of federally funded research. I believe there is not a clear and distinct line in the innovation process at which the public role ends and the private role begins. The next development or discovery is built on a shifting platform where the line between research, development, and a final product in the marketplace are blurred. The feedback is critical and cannot continue without consistent support of the people and the institutions that make up the innovation ecosystems. The Federal Government has a great stake in the Nation getting a return on the investments we make, and we need to know what we can do that would be helpful to the academic community and startups in improving technology transfer. The draft legislation we are considering this afternoon has the potential to improve technology transfer, and I hope that the final version can reflect good ideas from both sides of the aisle. I would like to add my thanks to the witnesses for being here today and for providing us with their recommendations on how to make this bill better. I am looking forward to working with my colleagues to move legislation that addresses this important issue. Thank you, Mr. Chairman. I yield back the balance of my time. [The prepared statement of Ms. Johnson follows:] Prepared Statement of Committee on Science, Space and Technology Ranking Member Eddie Bernice Johnson Thank you Mr. Chairman for calling this hearing today on the draft legislation, Innovative Approaches to Technology Transfer Act of 2013. I am glad that this Subcommittee is taking a serious look at the issue of facilitating the creation of successful, profitable, and sustainable small businesses from the discoveries of our research and development enterprise. The topic today is so critical to our nation's economic and national security. As we continue our efforts to keep our economy on the path to recovery, it is more important than ever that we recommit ourselves to innovation in the United States. As the President remarked two years ago in his State of the Union address, ``we need to out-innovate, out-educate, and out-build the rest of the world.'' Our universities and federal labs are the foundation that America's future will be built on. We have world class scientists and engineers engaged in cutting-edge research that can change the world. We must examine how to translate and transition this research out of the lab and into the marketplace. Our innovation model has been the gold standard for many years, and nations around the world have been adopting it. However, we are all very aware that our competitors are multiplying their investments in not only R&D and STEM education, but also in commercialization activities. The United States cannot afford to be left behind. The ideas from our researchers and entrepreneurs with the most commercial potential deserve our best efforts. In contemplating the next steps for advancing technology transfer, our ultimate goal is to promote the creation of innovation ecosystems that sustain long-term and mutually beneficial collaborations. Many of today's most beneficial technologies did not emerge out of a straight-line process, but rather they involved the interactions of a network of various public and private sector elements. While we understand that university culture and business culture are separate and unique entities, we need to learn more about innovative approaches and collaborations that can accelerate technology transfer of federally funded research. I believe there is not a clear and distinct line in the innovation process at which the public role ends and the private role begins. The next development or discovery is built on a shifting platform where the lines between research, development, and a final product in the marketplace are blurred. This feedback is critical and cannot continue without consistent support for the people and the institutions that make up the innovation ecosystem. The federal government has a great stake in the nation getting a return on the investments we make, and we need to know what we can do that would be helpful to the academic community and start-ups in improving technology transfer. The draft legislation we are considering this afternoon has the potential to improve technology transfer, and I hope that the final version can reflect good ideas from both sides of the aisle. I'd like to add my thanks to the witnesses for being here today and for providing us with their recommendations on how to make the bill better. I am looking forward working with my colleagues to move legislation that addresses this important issue. Thank you Mr. Chairman, I yield back the balance of my time. Chairman Bucshon. Thank you very much. If there are Members who wish to submit additional opening statements, your statements will be added to the record at this point. At this time I am going to introduce our witnesses. Our first witness is Dr. Brian Wamhoff, Vice President of Research and Development and Co-Founder of HemoShear, LLC. Dr. Wamhoff has expertise in small and large animal models of vascular disease, molecular biology, cell-based systems, toxicology, and interventional vascular device development. Dr. Wamhoff obtained a B.S. in biology with a minor in business administration from Rhodes College and received his Ph.D. in medical physiology from the University of Missouri in 2001. Our second witness is Dr. Elizabeth Hart-Wells, Assistant Vice President for Research and Associate Director of the Burton D. Morgan Center for Entrepreneurship at Purdue University. Dr. Hart-Wells is responsible for managing the commercialization of Purdue's intellectual property assets, which includes responsibility of evaluating innovations, developing commercialization strategies, memorializing commercialization agreements, promoting discovery with delivery, forming startup companies, and overseeing compliance with Federal technology regulations. I don't know how she has time to do all that, but she does. She earned a doctorate in chemistry from Rice University where she was a Turner outstanding graduate student in organic chemistry and a Harry B. Weiser Research Scholar, and Robert A. Welch Foundation Fellow. She earned a Bachelor's Degree in chemistry from Indiana University. She is a member of the American Chemical Society, the American Association for the Advancement of Science, and the U.S. Patent Bar. Our third witness is Dr. Erik Lium, Assistant Vice Chancellor, Office of Innovation, Technology, and Alliances at the University of California at San Francisco. He has held prior positions at UCSF of Vice Chancellor of Research, Director of the Industry Contracts Division, and Interim Director of the Contracts and Grants Division of the Office of Sponsored Research, and Director of Business Development for the Diabetes Center and Immune Tolerance Network. He served as a post-doctoral research scientist at UCSF, earned a Ph.D. from the Integrated Program in Cellular, Molecular, and Biophysical Studies at Columbia University and a B.S. in biology from Gonzaga. Thanks again to our witnesses for being here this afternoon. As the witnesses should know, spoken testimony is limited to five minutes after which the Members of the Committee will have five minutes each to ask questions. I now recognize Dr. Wamhoff for five minutes to present his testimony. TESTIMONY OF DR. BRIAN R. WAMHOFF, VICE PRESIDENT OF RESEARCH & DEVELOPMENT, CO-FOUNDER, HEMOSHEAR, LLC Dr. Wamhoff. Thank you. Dear Mr. Chairman and distinguished Members of this very important Committee, as an entrepreneur and scientific executive of a startup company, I can state categorically that the American economy and its 300 plus million consumers of healthcare products and services have benefited profoundly from Federal programs that fund early- stage research in the medical sciences, particularly the SBIR mechanism. Thank you. I have been invited to address three questions. I want to tell you a story first. By way of background, I was an Associate Professor at the University of Virginia's Department of Medicine in the Cardiovascular Division from 2006, until 2012. Through collaboration with Dr. Brett Blackman, who, Mr. Collins is also a mechanical engineer, in the Department of Biomedical Engineering, we developed a technology at the university that became the foundation of a very successful biotechnology research company, HemoShear. We co-founded the company in 2008. I now serve as Vice President of Research and Development, and Brett serves as Chief Scientific Officer. We are literally changing the decades-old global drug discovery and development paradigm. The old methods are inefficient, time-consuming, and more than 92 percent of drugs that go into humans today fail. They either fail because they don't work, or they fail because they are not safe. We see it every week in the news. The adverse financial impact of these failures, in combination with patent expirations, has driven consolidation of the industry in recent years. Our technology, which is developed out of the University of Virginia, through mechanisms that we are talking about today, has enabled the industry to transform its drug discovery paradigm while significantly improving its return on investment capital. This is because HemoShear can measure and predict the response of a drug before it ever enters the human body. HemoShear is a successful American company. We are creating high-value, STEM-related jobs right here in Central Virginia, while positioning itself to become a world leader in drug development. The SBIR mechanism has been critical in this process. So how has proof-of-concept funding been used to launch HemoShear? The development of the technology at the University of Virginia was funded by two seed grants, rather than the traditional NIH funding mechanism that my lab and Brett's lab was being driven by. The two funding mechanisms were the University of Virginia Heart Board Partners' Fund and the University of Virginia Wallace H. Coulter Foundation RoPE Fund. Without these seed funding mechanisms, it is doubtful that HemoShear would exist as it does today and very doubtful that I would be sitting here right now. Equally important to funding the critical R&D to launch this technology was the exposure that we were getting to very successful board members from both organizations, the endless advice, hands-on help towards translating an academic technology to a business model for commercialization, going from academia to a commercial endeavor. It is a huge gap. It is important to note that at the time this was not common at the University of Virginia, and by example of that success this mechanism has become a core of the university's technology transfer ecosystem and philosophy. Now, at HemoShear we have also been privileged to secure funding through the NIH Small Business Innovation Research Program, the SBIR mechanism. It has been instrumental in the technological growth of HemoShear, allowing us to further advance our technologies for drug development in cardiovascular disease, diabetes, liver toxicity, and cancer. We have proven that the SBIR mechanism provides a great return on investment for the U.S. taxpayer. Thank you for continuing to support that program. What are my thoughts on today's issue? I feel that it would be beneficial to dedicate a portion of the STTR Program to proof-of-concept and other technology transfer programs at universities, research institutions, and national laboratories. Having run a large NIH-funded academic laboratory and co- founded a rapidly-growing biotechnology company, I have lived in both worlds. It is very challenging, and the investigator often finds himself, herself in conflict. The old adage that it is hard to have two bosses couldn't be any more real in that scenario, and often your bosses are diametrically opposed; bosses from the commercial side and bosses from the academic side. As I stated in question one, if it were not for the exposure to the board members of the Heart Board and the Coulter Foundation it is highly unlikely that we would have had the foresight or wherewithal to commercialize a very important technology for human health. The failure to commercialize academic research is not for the lack of entrepreneurial faculty wanting to do so. There are many. Rather, it is due in part to the lack of institutional support to assist faculty in these endeavors and sometimes creating barriers. Filling this gap is going to be the greatest need for technology transfers in universities. My last thoughts or recommendations regarding the draft of this proposal, I have read the draft and fully support the award criteria. As it relates to the proposed funding mechanism, I think it is really important to establish hands-on oversight committees or boards to monitor the accountability of the funded institutions. An excellent model for this is the Wallace H. Coulter Foundation and how they monitor initial investments in translational research at U.S. academic institutions. These investments ultimately led to larger endowments for the research institution but also spun out many companies at the University of Virginia, including HemoShear. With that I thank you for your time on this very important matter. [The prepared statement of Dr. Wamhoff follows:] [GRAPHIC] [TIFF OMITTED] T2222.006 [GRAPHIC] [TIFF OMITTED] T2222.007 [GRAPHIC] [TIFF OMITTED] T2222.008 [GRAPHIC] [TIFF OMITTED] T2222.009 Chairman Bucshon. Thank you. Now I will recognize Dr. Hart- Wells for five minutes to present her testimony. TESTIMONY OF DR. ELIZABETH HART-WELLS, ASSISTANT VICE PRESIDENT FOR RESEARCH, ASSOCIATE DIRECTOR OF THE BURTON D. MORGAN CENTER FOR ENTREPRENEURSHIP, PURDUE UNIVERSITY Dr. Hart-Wells. Thank you. I wish to thank the Committee, Chairman Bucshon, Ranking Member Lipinski, and the entire Subcommittee for the opportunity to participate in today's hearing. It is an honor to be provided this opportunity to discuss the draft legislation. As mentioned, I am Elizabeth Hart-Wells, and I am the Assistant Vice President for Research at Purdue University and Associate Director of the Burton D. Morgan Center for Entrepreneurship. Further, in my spare time, I lead a team of dedicated Housiers to manage the Office of Technology Commercialization that is housed within the Purdue Research Foundation. To quantify the scope of our operation is submitted in the written testimony, so I won't comment on that in my oral. Founded in 1869, West Lafayette, Indiana, Purdue University serves the people of the State of Indiana, the Nation, and the world through education, research, and engagement. Purdue educates over 75,000 students statewide each year and is home to a very robust research enterprise of over $650 million in research expenditures, primarily originating from the U.S. taxpayers through such programs as the SBIR and STTR. The Committee is both aware and respectful of the critical role the American research enterprise plays in our Nation's competitiveness. Universities engage in fundamental research to grow our knowledge base, to advance understanding, and to encourage thinking without constraint or restraint in our next generations. Inherent to exploration in uncharted areas of inquiry, however, is discovery. Discovery can and should lead to delivery, however, gaps in the path that connects discovery to delivery do exist. In my reading of its current draft of legislation, it is the filling of this gap that is the subject of the proposed draft. Specifically, the Committee requested comment on innovative practices employed by Purdue University to develop federally funded research projects. The Purdue Trask Innovation Fund and the Emerging Innovations Fund are two of such programs. While there are details in the written testimony and I look forward to discussing those relevant aspects of the programs as the Committee wishes, I will highlight one output data of those proof-of-concept fund that we call the Trask Innovation Fund. First I will say at the outset this fund is entirely funded with private dollars and not taxpayer dollars. Purdue, in 1973, identified this need of a gap between research results and commercial exploitation of those results and set out to fill that gap themselves. And as a result in the last five years 48 Purdue technologies have been competitively awarded development funding, and of those, 35 percent of those technologies were sponsored by the U.S. taxpayers. Over the roughly 35 year history of the Trask Venture Fund support of filling the gap, federally funded Purdue technologies that were supplemented with these awards experienced about a 40 percent increased licensing rate than those federally funded Purdue technologies that were not supplemented with those awards. In addition and with brevity I would like to highlight a few other innovative practices that Purdue University has undertaken in the last several months. The Office of Technology Commercialization has unveiled new procedures and policy implementations to accelerate technology transfer out of the university, whether Purdue University owns the technology or not. Students who create inventions in the performance of their coursework, such as a design project in an engineering course, own their inventions. Purdue inventors who have contributed Purdue-owned intellectual property may elect an, ``as is,'' license contract to establish a new venture based on those inventions to which she or he contributed. Of particular pertinence to this authorizing body, Purdue now offers recipients of SBIR and STTR grants aimed at developing a Purdue technology, a cash-free first option to license the Purdue technology. This express first option allows these recipients to competitively leverage Purdue technology, provides a mechanism to support the commercialization of taxpayer-funded technologies, and supports speed and transparency of the licensing of the same. Accordingly, it should be of no surprise that Purdue University strongly supports and encourages the Committee's sincere consideration of the draft legislation. It would strengthen and promote partnerships between universities and small businesses to achieve the STTR's stated goals. Proposed legislation superimposes on its predecessor and emphasizes the benefits to the Nation of technology innovation and the proficiency of small businesses to translate federally funded research results into new products and services. The proposed legislation offers synergy to these relationships between the university and small businesses towards translation and commercialization. So maybe one plus one can indeed equal three. I am going to defer the rest of my comments until the Q&A, and in close I just wish to express my grateful thanks to the Committee for the opportunity to participate today and for your leadership, commitment, and partnership on this important topic of technology transfer. Thank you. [The prepared statement of Dr. Hart-Wells follows:] [GRAPHIC] [TIFF OMITTED] T2222.010 [GRAPHIC] [TIFF OMITTED] T2222.011 [GRAPHIC] [TIFF OMITTED] T2222.012 [GRAPHIC] [TIFF OMITTED] T2222.013 [GRAPHIC] [TIFF OMITTED] T2222.014 [GRAPHIC] [TIFF OMITTED] T2222.015 [GRAPHIC] [TIFF OMITTED] T2222.016 [GRAPHIC] [TIFF OMITTED] T2222.017 [GRAPHIC] [TIFF OMITTED] T2222.018 [GRAPHIC] [TIFF OMITTED] T2222.019 [GRAPHIC] [TIFF OMITTED] T2222.020 [GRAPHIC] [TIFF OMITTED] T2222.021 [GRAPHIC] [TIFF OMITTED] T2222.022 Chairman Bucshon. Thank you very much. I now recognize Dr. Lium for five minutes to present his testimony. TESTIMONY OF DR. ERIK LIUM, ASSISTANT VICE CHANCELLOR, OFFICE OF INNOVATION, TECHNOLOGY & ALLIANCES, UNIVERSITY OF CALIFORNIA, SAN FRANCISCO Dr. Lium. Mr. Chairman, Ranking Member Lipinski, and Members of this Subcommittee, the University of California, San Francisco is widely recognized as a leader in the health sciences and as the birthplace of biotechnology. I am here today to testify on my own behalf and would like to thank you for the opportunity to appear before you to discuss the important issue of commercializing federally funded research. I am a molecular biologist by training and as a prior co-founder of a venture-backed software company, an entrepreneur. At UCSF I lead a team responsible for streamlining the creation of public-private research partnerships, licensing technologies for commercialization, and education of budding life science entrepreneurs. Federal funding, the lifeblood of basic research, is essential for the development of groundbreaking discoveries. The challenge is commercializing these discoveries for public benefit, especially in capital-intensive fields such as the life sciences. My testimony today on expanding the use of STTR funds to support innovative approaches to increase the commercialization of federally funded research is focused on three points specifically related to life science discoveries. First, venture capital, one of the historical mainstays for advancing life science discoveries through proof-of-concept has fallen sharply as investors have shifted capital to lower-risk opportunities. Early-stage life science ventures are struggling to fund proof-of-concept, which is a critical value inflection point required to attract investment today. Some estimates suggest that the number of venture firms investing in life sciences has fallen as much as 2/3 in the last five years. In essence, a shortage of early-stage pre- proof-of-concept funding is impeding the commercialization of federally funded research. My second point. It is reasonable and appropriate for the Federal Government to play a role in funding proof-of-concept research at universities, research institutes, and national labs given the requirement today for proof-of-concept to attract investment. The gap between development of an intriguing, yet unproven discovery and the investment to commercialize that discovery is characterized as the Valley of Death. The virtual disappearance of pre-proof-of-concept venture financing and the lack of sufficient programs to fund proof-of-concept research make crossing the Valley virtually impossible for countless technologies. Take, for example, a team of investigators from UCSF, the Cleveland Clinic, Vanderbilt University, and the University of Michigan, who invented an implantable artificial kidney device with the potential to improve the health and wellbeing of individuals suffering from kidney failure and to reduce the estimated $41 billion spent annually in the U.S. on this disease. Despite receiving numerous awards based on promising results, having substantial interest from potential corporate partners, and being selected by the FDA as one of three projects for a pilot program to fast track the development of breakthrough medical devices, investors have been reluctant to provide funding without proof-of-concept in large animals. Simply stated, a new model to attract private investments to once again fuel the commercialization of early-stage discoveries is required. The Federal Government could play a role in this model. It could help bridge the gap. Finally, I would like to enthusiastically express support for the draft legislation to expand the use of STTR funds to support innovative approaches that increase the commercialization of federally funded research. Grant programs created under the Act could address the crucial need for proof- of-concept funding as well as the need for experiential training in commercialization. For example, I would welcome expansion of the NSF Innovation Corps Program to additional agencies and the inclusion of phased proof-of-concept funding programs administered by universities, research institutes, and national labs to validate and advance a broader array of federally funded discoveries. I support including requirements for the collection and analysis of programmatic data to identify best practices. Though steps should be taken to ensure that such requirements are not an impediment to participation. Thank you, Mr. Chairman, Ranking Member Lipinski, and Members of this Subcommittee for the opportunity to discuss this important issue. I look forward to answering your questions. [The prepared statement of Dr. Lium follows:] [GRAPHIC] [TIFF OMITTED] T2222.024 [GRAPHIC] [TIFF OMITTED] T2222.025 [GRAPHIC] [TIFF OMITTED] T2222.026 [GRAPHIC] [TIFF OMITTED] T2222.027 [GRAPHIC] [TIFF OMITTED] T2222.028 [GRAPHIC] [TIFF OMITTED] T2222.029 [GRAPHIC] [TIFF OMITTED] T2222.030 [GRAPHIC] [TIFF OMITTED] T2222.031 [GRAPHIC] [TIFF OMITTED] T2222.032 Chairman Bucshon. Thank you very much for your testimony. Because of the delayed start Chairman Smith will not be able to attend but he asks now that, with unanimous consent to submit his statement for the record. Without objection. [The prepared statement appears in Appendix I] Chairman Bucshon. I would like to thank the witnesses for their testimony and remind Members of the Committee that questioning is limited to five minutes. The Chair will now recognize himself for five minutes for the first round of questioning. Dr. Hart-Wells, thanks for coming from Purdue. We appreciate that. Dr. Hart-Wells. My pleasure. Chairman Bucshon. In your testimony you state that federally funded Purdue technologies that were supplemented by proof-of-concept awards had about a 40 percent increase in licensing rate compared with other federally funded programs not supplemented by proof-of-concept awards. Can you explain what the reasons are for that, and how might the proposed grant program we are considering improve that? Dr. Hart-Wells. Certainly. Thank you for the question. Yes. That data is 35 to 40 years of data that, granted this Trask Venture Fund has evolved over time. Very recently in the last three to four years the program is run very similar to an early pre-proof-of-concept and proof-of-concept type with business executives and local business community representatives, as well as university leadership or an advisory council. The funding is targeted through their advisement towards answering questions that de-risk a technology for transfer to a private sector partner. So the goal of the fund has been focused on experiments that fill the gap. That was part of the fund when it was established in '73, many moons ago, before even the Bayh-Dole legislation that created technology transfer offices in universities. And I believe based on our experience and having done the analytics of the program over the years that the targeted deployment with a goal to transfer research results for commercial products and services made the focus of the decision making in such a way that it produced the kinds of outputs that it did, which is the university to transfer out the technology. Get it into the hands of a partner like Dr. Wamhoff, HemoShear, whether you are creating a new company or you are partnering through licensing. But to get it out of the university so that it has an opportunity to be developed further into products and services that can benefit those folks that paid for it. And that is the number that we can use and put our finger on in a reliable way to say that we were able to get going in that right direction. So I believe it is the targeted, the metrics and what you are measuring will determine how these programs perform, and I believe that was part of this program from the beginning and helped inform its outcomes. Chairman Bucshon. Thank you. Dr. Wamhoff, I have to ask you, what do you see as the strengths and weaknesses of the STTR Program? Dr. Wamhoff. I think one of the strengths is that it gives investigators critical seed money to do proof-of-concept studies, check off a go, no-go box for a technology you are trying to commercialize. I think one of the challenges is putting a mechanism in place to let them know what is the go, no-go box on that technology. Scientists--no one loves their science more than the scientist that is developing it, and there is a lot of emotional attachment to it, and there comes a point for every technology when it is going to move out of academia, does it really have legs, and getting exposure to non-scientists, people from the industry, advisors that can help you make that decision to fail fast and move on is really important and a critical gap that needs to be filled. Chairman Bucshon. Thank you very much. That is all I have. I will yield now to the Ranking Member, Mr. Lipinski, for five minutes. Mr. Lipinski. Thank you, Mr. Chairman. I thank everyone for their testimony. As I noted in my opening statement the draft legislation doesn't specify the types of activity that should be supported, so I wanted to get a little bit more into that. Certainly we heard from I think all of you about proof-of-concept, the importance there, and as I said, something I support for NIH. It is just NIH because that was the opportunity we had. I certainly think that is critical. Entrepreneurial education is something I also am very supportive of. Dr. Lium mentioned I- Corps, which I have mentioned countless times in this Committee, my support for I-Corps, I think that is an entrepreneurial education program that has worked very well and should be expanded to other agencies. What other areas, are there other areas, you know, maybe this is what we should be limiting this bill to, but are there other areas that you think may fit into this bill to help us accelerate commercialization of federally funded research? Start with Dr. Lium. If there is nothing else, you don't have to make up something else just to answer the question. I just want to see if there were other things that you wanted to add. Dr. Lium. My impression is that the bill provides significant flexibility on what programs can be developed by agencies. We have already touched on a number of issues that are relevant from experiential entrepreneurial education, mentorship, and resources within the university to provide a strong infrastructure for technology transfer. I think all of those issues are very important. Again, based on the draft legislation it appears to me that those types of programs could be developed. Mr. Lipinski. Dr. Hart-Wells. Dr. Hart-Wells. Yes. I would like to add the critical component in coincident with technology development is cultivation of business experiential learning, kind of on-the- job. There is student entrepreneurialship programs I think at all of the--a lot of universities including Purdue, but perhaps these are opportunities that the faculty researcher or staff or students who are participating in the development of the technology would also perhaps benefit from business support services. I would agree that my reading of the draft allows that degree of freedom. I refer to a creative license, the way that I read the draft so that it can be customized to the appropriate geographic regions and what those needs are. But I would add that one of the support mechanisms that could accelerate the translation and transfer of federally funded research results is business support services or mentoring and counseling, along those lines, just generally of how to write a business plan. These are things that are not taught to you in graduate school as you well know when you get an advanced degree. Thank you. Dr. Wamhoff. I remember when I wrote my first business plan actually. I had no idea what I was doing, and I was six years into tenure. But I agree with you, Dr. Hart-Wells, that bringing the private sector into this in any way possible I think is a great idea. At the end of the day they are the consumer of this technology before it goes into the general public. They are the ones licensing it out of the university, they are the ones that are further developing it, putting more capital into it to make it available to the taxpayer, and I don't think there is enough of that. I know at Purdue you have recently changed your boards around where you have a lot of influence, advisors from the private sector. It is not just an academic setting, and having that leeway to do that I think would be really important. Mr. Lipinski. Thank you. I want to quickly ask Dr. Lium, you talked about UCSF's entrepreneurial education activities. You are certainly strong in the focus on life sciences. Are there any steps that you are taking to adapt entrepreneurial education courses like I-Corps to life sciences? Are there any other special hurdles that you face in tech transfer from the life sciences that other disciplines do not face? Dr. Lium. Sure. I think I will start with the hurdles of transferring life science technologies into the commercial sector first. Life science technologies have a particularly long timeframe for development. They are very high risk in general. There are technical risks, regulatory risks--will the product be approved by the FDA?--reimbursement risks. So the-- and then the comments that I have made regarding proof-of- concept funding. So there are significant risks related to the investment in the life sciences that are not present in all other fields. In regards to the Innovation Corps, the UCSF is fortunate to participate in the program. The University of California Berkeley, UCSF, and Stanford are--formed the Bay Area Innovation Corps Node. UCSF in particular is developing life- science-specific curriculum for the Innovation Corps Program in the fields of drugs, devices, diagnostics, and digital health. And I would be happy to answer any questions about that. Mr. Lipinski. Thank you. I yield back. Chairman Bucshon. Thank you. I now recognize Mr. Collins for five minutes. Mr. Collins. Thank you, Mr. Chairman. I want to thank both you and Chairman Smith for assisting me and us in putting this forth. My background, yes, I am a mechanical engineer from North Carolina State. Even though I know you have a background from Duke, we won't talk about Duke. But I also have a biotechnology company with two level three plus space labs involved in virus production and the like and also a phase 2B multiple sclerosis secondary progressive MS drug trial ongoing right now in Australia and New Zealand. So I live the life sciences world a lot, at least before I came here. But I agree with you on the Valley of Death and you know, the scientists who do really love their science, but when you talk to them and say, all right, now how are we going to get it to market, what is the market, how are we going to price it, and, again, what is the fail safe point, they usually give you the deer in the headlights look. But one question I know we are going to get is we are going to take money that is already in the STTR Program, and so we want to designate a small piece of it for this new Valley of Death, proof-of-concept. Would you speak to what you would say the return on investment to the taxpayers and taking this small piece and addressing the Valley of Death versus not doing that and having that money instead go to the traditional programs, in other words, speak to the importance of creating this and what I would hope would be a very high return on investment or your opinion on that for the taxpayers. Start with Dr. Wamhoff. Dr. Wamhoff. Sure. I don't know the metrics on the success of the STTR mechanism, but I can tell you that any time you can decrease the gap in the Valley of Death, it is a good return on any investment, whether it is advice or seed funding on a go, no-go decision, you can end a $2 million venture with $100,000 of seed funding very quickly and say, you know what? This is great science, but it is not going to translate out. Take it back into the lab and do what you need to do, publish in your academic career. So I am fully for it. I think that it is a real event that happens to a lot of academic investigators. They just get lost. Mr. Collins. Thank you. Dr. Hart-Wells. Dr. Hart-Wells. Yes. Thank you. I think the--it is--metrics in this space are always tough. This is difficult. There is a lot of good momentum in discussing and deliberating what are appropriate metrics. I would note in my written testimony at Purdue we also have a pre-seed evergreen fund for new ventures. Most of the applicants to these programs, as well as the proof- of-concept, are in the life sciences. There is some data following funds in the universities, and the biggest consumer of these funds are in the life sciences, and that is not surprising given the high risk associated with those technologies. My belief is--and live this every day is that if universities can incubate a little longer some of these technologies and de-risk them, there are opportunities that are--that will be delivered to the private sector, in particular small businesses, which is our preference. They are statistically proven to generate more jobs. We are responsible to helping those technologies along as much as we can, and a lot of universities are doing that at their own expense, and it is only the Federal Government that can step in and have broad impact across the board. And I see that embraced in the spirit of this legislation. So I actually see synergy and improvements in the starting point from which a small business would pick a technology, perhaps what Dr. Wamhoff articulated wouldn't have to be the norm anymore. Mr. Collins. Thank you. We are running a little out of time, so not to skip Dr. Lium, but I would like to ask each of you, right now there is a $150,000 limit on the phase 1 STTR funding. We haven't addressed a particular number here, and I wonder if you could offer a quick opinion on what you might think would be an appropriate dollar limit for this Valley of Death funding. Dr. Wamhoff. Oh, for the Valley of Death funding? So you are talking about pre-STTR money essentially. Mr. Collins. Yes. You have got the 150,000 phase 1, the million dollar phase---- Dr. Wamhoff. I can tell you that with the Coulter Foundation at the University of Virginia you could do a lot with 25,000, $50,000. I believe you have a specific number. Dr. Hart-Wells. Our data suggests an average of $48,000. Mr. Collins. So $50,000 would be a good number for both of you. Dr. Lium? Dr. Lium. We have a small program at the University of California San Francisco that averages between 50 and $75,000. One comment that I would also make is that I believe that the award size should reflect the technology and the market and the next milestone that--or inflection point of value that one wants to achieve. Mr. Collins. Good. Thank you all for your testimony. I yield back. Chairman Bucshon. Thank you. I now recognize Ms. Esty for five minutes. Ms. Esty. Thank you, and I want to thank Mr. Collins for asking several of my questions, but to follow up on that and really to sort of point out the question you asked about diversion of funds from existing programs, I believe, Dr. Lium, you mentioned how the current structure, because presumably because it does not fund the Valley of Death, ends up then with premature formation of startups, which then fail. So could you discuss a little bit whether you think this focus on permitting grants to be used in relative, we are talking small amounts of grants, $50,000, $75,000, can you explain if you think that really would help better deployment and leverage of those resources? Dr. Lium. The simple answer to the question is yes. I believe that conducting proof-of-concept research within the university where the discovery was made can be done much, much less expensively than in the context of a company. Creating a company and the cost of a company and the complications of a company and the distraction that the company represents for a faculty member relative to being able to raise a small amount of proof-of-concept funding, do the research within the university, using the same individuals that likely made the invention is actually--would be a very, a significant advantage. And ultimately in the long run would be a better utilization of capital. Ms. Esty. I represent northwest Connecticut, so we have Farmington U-Conn Medical Center with the Jackson Labs coming in and synergies with Yale as well and attempting to do this licensing better. Can any of you discuss, this is a great concern in my state, things that we might be able to do as we look at this issue about aiding universities that are already very focused on this? What can we do to aid that process on the tech transfer? We have got big centers, both of them working a lot of life sciences. Are there other things we haven't flagged in this bill or related issues that we should put on their radar? Dr. Lium. I think many of the comments that have been made today related to having external boards and mentorship are very important in the context of licensing as well. We recently were negotiating a license with a small company and reached out to neutral parties in the field--neutral venture capitalists--to determine what the cost or what the value of the technology was to provide us some comfort in the level of--in the financial terms that we were negotiating. We were actually, by doing that kind of homework able to complete the financial negotiations within one hour. So I think that engaging the commercial community to help in the technology transfer process is essential. Ms. Esty. And a final quick question. There has been some discussion, certainly looked at--at Commerce looking at regional clustering for say excellence in manufacturing. Is this something we could also be looking, at say in the life sciences? Again, that is an area where they are looking at public-private partnerships to address in part these entrepreneurial outside advice to help make that transition. We have been attempting to do this with the investing at the state level in Connecticut, but obviously the resources get quite limited, and there is criticism that we are picking winners and losers. So can you help us, you know, how do we avoid that picking winners and losers problem but nevertheless provide the resources for these startups? The outside advice. Do you have thoughts on how we could structure that, what the Federal Government's role should be or whether that is just advisory to suggest that they do this? Dr. Lium. I think advice has to be tailored very specifically to the technology that one is examining at any particular time. We have a program within the Clinical Translational Science Institute at the University of California San Francisco that utilizes mentors with very specific expertise to advise faculty with early-stage technologies. So, again, I am very supportive of these structures. That program is structured in such a way where there is a call for proposals twice a year from faculty. They are evaluated by boards of mentors, individuals are selected and mentored for a period of months, and then there is a report out at the culmination, and a number of the projects then receive a small amount of funding. I think there is an opportunity to use those types of external boards to help make these types of decisions. Ms. Esty. Thank you very much, and thank you, Mr. Chairman. Chairman Bucshon. You are welcome. I now recognize Dr. Bera for five minutes. Mr. Bera. Thank you, Mr. Chairman, and I am not a mechanical engineer, but a physician, and I will give a shout out to the University of California system where I did my training and was on faculty. I think this is fascinating, and, again, I am glad that we are addressing the issue of technology transfer. When you talk about this Valley of Death, you know, going through the three stages from basic research to proof-of-concept to commercialization, I know when we are in the lab, you know, in the academic center we just like to think of ideas, and we like to, you know, and the academic center is very well situated for this exchange of ideas where--which is what we are trained to do, but we are not thinking about how to take product to market. And it has always occurred to me that if we could take the entrepreneur and actually partner them very early on, so while we are formulating our ideas and so forth, they are also thinking about and providing input into how to bring that product to market. So, again, creating a context that allows that to happen at an early-stage as opposed to a later stage certainly is something that we should be working on, and I would be interested in hearing your thoughts on how we best go about, you know, getting that at that earlier stage. The other question is--I was down at the University of California San Diego this past weekend meeting with Chancellor Khosla and some of his faculty, and I knew this hearing was coming up, so I actually posed to them the question of what could we do to better help technology transfer obviously at one of our major research institutions, and the answer they gave me surprised me. What he said was look at tax-exempt bonds, and I tested this with my home institution at U.C. Davis, and they talked about how the Federal Tax Reform Act really limits their ability to provide research space. They said, you know, industry is knocking on their door. They want to partner, they want to come in and, you know, work side by side in these lab spaces, but our tax code currently limits their ability, you know, because these are tax-exempt bonds, to allow the entrepreneur to come in, and I would ask you guys to comment on that and, you know, provide perspective. Dr. Hart-Wells. Dr. Hart-Wells. I will take that first. While I am not a tax attorney or a mechanical engineer for that matter, we run into this, and we have this conversation, actually more vigorous conversations more recently, what you are referring to is what is referred to as private use and bonded facilities. And there is a prohibition on basically for-profit activities in those spaces. So that is actually an input in the analysis that is often not considered inside the university in the dialogue on the outside but is a critical go, no-go of whether a university can even undertake a partnership, whether it wishes to or not. It would be a very, I think appropriate in the context of all of the conversations about realizing the value of federally funded research through products and services where appropriate, to consider and take up the question of private use and its impact, positive and negative, on this whole ecosystem. Mr. Bera. So it would be possible actually in this body to perhaps amend the Tax Reform Act to allow at an earlier stage those entrepreneurs to come into the lab, work side by side. Dr. Lium. Yes. Dr. Lium. Yes. I think that would be true. We do have relationships with corporations that allow for their personnel to come onto campus and work closely with our investigators but on a limited basis. One example of a close relationship that the University of California San Francisco has is the Center for Therapeutic Innovation with Pfizer. In this particular case they have established a laboratory across the street from the campus. We do believe very strongly that collaborative research between industry and academics is essential to translating academic inventions into the commercial sector. I can also take, if you would like, I can also comment on your first question related to in essence, if I understood you correctly, early intervention. I think a very good model for this, again, is the National Science Foundation Innovation Corps Program. This is a program that takes teams, small teams at the very earliest stages that apply to participate. It is highly experiential. The teams go through a process of meeting with a very large number of customers and stakeholders from whatever particular market is appropriate for the technology that they have over a relatively short period of time to establish beyond proof-of-concept around the technology itself, but actually they understand what the market is, what the product should be, what they would be able to charge for it. So really getting a much, much deeper understanding. That is a short, intensive program. The goal is to help individuals or to help teams fail early and then also to identify those that have a successful concept and take those forward. Mr. Bera. Okay. Thank you. Chairman Bucshon. Thank you. I now recognize Mr. Kilmer for five minutes. Mr. Kilmer. Thank you, Mr. Chair, and thank you all for your testimony. You have shared with us, I think, some interesting ideas around a number of themes; financing, mentorship, partnerships. We talked about some challenges including prohibitions on for-profit activities, and that is something we have grappled with in my state, the State of Washington, where we had to update our ethics laws as we dealt with commercialization of research. Can you touch on, you know, as you look both in the areas where you work and other states, have you seen any other best practices that as we noodle on these issues we ought to be thinking about, we ought to be looking at? And that we ought to think about scaling up at the Federal level. Dr. Hart-Wells. I will comment that I believe there are a number of practices undertaken across the country now as you start to see folks inside the university change over into individuals with industrial experience or experience in technology transfer. For example, Dr. Wamhoff, the Coulter, I will say the Wallace H. Coulter Foundation in my opinion is a best practice that is scalable and is embedded in a number of universities throughout the country, a small number. It is not dissimilar to how we implement our proof-of-concept awards. But the business advisement component that has been mentioned as critical is a requirement, I believe. Business advisors who compensated for their time and knowhow and expertise, and then done so in a way that conflicts of interests and tax bonds, all these types of very critical considerations are done, with the goal in mind, which is not dissimilar to your proposed legislation. I would offer up that program as a best practice. Mr. Kilmer. Thank you. Dr. Wamhoff. Yeah. I would like to echo what Libby said. The Coulter Foundation, that mechanism is extremely effective. What they were able to do with a $1 million seed grant at the University of Virginia in partialing out $25,000, $50,000, $75,000 seed grants and the number of companies that launched off of that simply because of the fact there was an oversight board of university faculty but more importantly outside members in the community as well as other industries helping academics make very critical go, no-go decisions. It is either going to work when you do this study, or it is not going to work, and at the end of the day you are going to know whether to turn left, right, or keep going forward or abandon it, and that is a mechanism that is now, I think, being implemented not just in the original nine universities, but they have now branched it out probably closer to 20 universities. So it is in place, and it is a great structure. Dr. Lium. I think that we have touched on a number of themes today that are repeated in many programs across the Nation from proof-of-concept funding, fail early, experiential learning for entrepreneurship, bringing mentors, actually true commercial mentorship to the table. One thing that hasn't been mentioned is incubator space. I think it is important to have space that this type of work can be done in, particularly when it is time to create a company, have space that a small company can take a very small amount of space and move forward. Really it is about creating the ecosystem, and so if we can create an ecosystem that supports entrepreneurship and commercialization within the academic environment without actually fundamentally changing the academic mission of an institution, I think we would be very successful. The educational issues that we face are significant. I think we have all mentioned or referred to them in terms of individuals understanding truly what does it take to take a basic discovery into the commercial marketplace. It is a very complex process. The mentorship alone can be very time consuming, but, again, these are the kind of things and ultimately what the goal is to create that entrepreneurial supportive environment that cultivates this. Mr. Kilmer. Thanks, Mr. Chair. Chairman Bucshon. Thank you very much. At this point I would like to thank the witnesses for their valuable and very fascinating testimony and the Members for their questions. The record will remain open for two weeks for additional comments and written questions from Members. The witnesses are excused, and the hearing is adjourned. [Whereupon, at 4:13 p.m., the Subcommittee was adjourned.] Appendix I ---------- Additional Material for the Record Submitted statement by Chairman Lamar Smith, Committee on Science, Space, and Technology Thank you, Chairman Bucshon, for yielding me time. And I thank our newest member of the Science Committee, Chris Collins, for bringing his small business experience and leadership position on the Small Business Committee to bear in developing the discussion draft of ``The Innovative Approaches to Technology Transfer Act of 2013.'' The research and development conducted at our nation's universities, research institutes and national laboratories have served as the basis for many technology breakthroughs that have driven American innovation and our economic growth. It is our job as policymakers to help create a healthy, pro- business environment that brings new inventions to the market. Today's hearing will provide a focused discussion on how to improve technology transfer at our nation's research universities and laboratories in order to promote American competitiveness. I look forward to hearing from our witnesses and I yield back the balance of my time.