Small Business Technology Transfer Program Reauthorization Act of 2001

by by the 107th Congress of the United States

107^TH UNITED STATES CONGRESS
1^ST SESSION

An Act
To reauthorize the Small Business Technology Transfer Program, and for other purposes.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Small Business Technology Transfer Program Reauthorization Act of 2001''.

SEC. 2. EXTENSION OF PROGRAM AND EXPENDITURE AMOUNTS.

(a) In General.—

Section 9(n)(1) of the Small Business Act (15 U.S.C. 638(n)(1)) is amended to read as follows:

``(1) Required expenditure amounts.—

``(A) In general.—With respect to each fiscal year through fiscal year 2009, each Federal agency that has an extramural budget for research, or research and development, in excess of $1,000,000,000 for that fiscal year, shall expend with small business concerns not less than the percentage of that extramural budget specified in subparagraph (B), specifically in connection with STTR programs that meet the requirements of this section and any policy directives and regulations issued under this section.

``(B) Expenditure amounts.—The percentage of the extramural budget required to be expended by an agency in accordance with subparagraph (A) shall be—

``(i) 0.15 percent for each fiscal year through fiscal year 2003; and

``(ii) 0.3 percent for fiscal year 2004 and each fiscal year thereafter.''.

(b) Conforming Amendment.—

Section 9 of the Small Business Act (15 U.S.C. 638) is amended in subsections (b)(4) and (e)(6), by striking ``pilot'' each place it appears.

SEC. 3. INCREASE IN AUTHORIZED PHASE II AWARDS.

(a) In General.—

Section 9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended—

(1) by striking ``$500,000'' and inserting ``$750,000''; and

(2) by inserting before the semicolon at the end the following: ``, and shorter or longer periods of time to be approved at the discretion of the awarding agency where appropriate for a particular project''.

(b) Effective Date.—

The amendments made by subsection (a) shall be effective beginning in fiscal year 2004.

SEC. 4. AGENCY OUTREACH.

Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) is amended—

(1) in paragraph (12), by striking ``and'' at the end;

(2) in paragraph (13), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

``(14) implement an outreach program to research institutions and small business concerns for the purpose of enhancing its STTR program, in conjunction with any such outreach done for purposes of the SBIR program; and''.

SEC. 5. POLICY DIRECTIVE MODIFICATIONS.

Section 9(p) of the Small Business Act (15 U.S.C. 638(p)) is amended by adding at the end the following:

``(3) Modifications.—Not later than 120 days after the date of enactment of this paragraph, the Administrator shall modify the policy directive issued pursuant to this subsection to clarify that the rights provided for under paragraph (2)(B)(v) apply to all Federal funding awards under this section, including the first phase (as described in subsection (e)(6)(A)), the second phase (as described in subsection (e)(6)(B)), and the third phase (as described in subsection (e)(6)(C)).''.

SEC. 6. STTR PROGRAM DATA COLLECTION.

(a) In General.—

Section 9(o) of the Small Business Act (15 U.S.C. 638(o)), as amended by this Act, is amended by adding at the end the following:

``(15) collect, and maintain in a common format in accordance with subsection (v), such information from awardees as is necessary to assess the STTR program, including information necessary to maintain the database described in subsection (k).''.

(b) Database.—

Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is amended—

(1) in paragraph (1)—

(A) by inserting ``or STTR'' after ``SBIR'' each place it appears;

(B) in subparagraph (C), by striking ``and'' at the end;

(C) in subparagraph (D), by striking the period at the end and inserting ``; and''; and

(D) by adding at the end the following:

``(E) with respect to assistance under the STTR program only—

``(i) whether the small business concern or the research institution initiated their collaboration on each assisted STTR project;

``(ii) whether the small business concern or the research institution originated any technology relating to the assisted STTR project;

``(iii) the length of time it took to negotiate any licensing agreement between the small business concern and the research institution under each assisted STTR project; and

``(iv) how the proceeds from commercialization, marketing, or sale of technology resulting from each assisted STTR project were allocated (by percentage) between the small business concern and the research institution.''; and

(2) in paragraph (2)—

(A) by inserting ``or an STTR program pursuant to subsection (n)(1)'' after ``(f)(1)'';

(B) by striking ``solely for SBIR'' and inserting ``exclusively for SBIR and STTR'';

(C) in subparagraph (A)(iii), by inserting ``and STTR'' after ``SBIR''; and

(D) in subparagraph (D), by inserting ``or STTR'' after ``SBIR''.

(c) Simplified Reporting Requirements.—

Section 9(v) of the Small Business Act (15 U.S.C. 638(v)) is amended by inserting ``or STTR'' after ``SBIR'' each place it appears.

(d) Reports to Congress.—

Section 9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is amended by striking ``and (o)(9),'' and inserting ``, (o)(9), and (o)(15), the number of proposals received from, and the number and total amount of awards to, HUBZone small business concerns under each of the SBIR and STTR programs,''.

SEC. 7. STTR PROGRAM-WIDE MODEL AGREEMENT FOR INTELLECTUAL PROPERTY RIGHTS.

(a) Development of Model Agreement.—

Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following:

``(w) STTR Model Agreement for Intellectual Property Rights.—

``(1) In general.—The Administrator shall promulgate regulations establishing a single model agreement for use in the STTR program that allocates between small business concerns and research institutions intellectual property rights and rights, if any, to carry out follow-on research, development, or commercialization.

``(2) Opportunity for comment.—In promulgating regulations under paragraph (1), the Administrator shall provide to affected agencies, small business concerns, research institutions, and other interested parties the opportunity to submit written comments.''.

(b) Adoption of Model Agreement by Federal Agencies.—

Section 9(o)(11) of the Small Business Act (15 U.S.C. 638(o)(11)) is amended by striking ``develop a model agreement not later than July 31, 1993, to be approved by the Administration,'' and inserting ``adopt the agreement developed by the Administrator under subsection (w) as the agency's model agreement''.

SEC. 8. FAST PROGRAM ASSISTANCE TO WOMEN-OWNED AND MINORITY-OWNED SMALL BUSINESS CONCERNS AND CONCERNS LOCATED IN AREAS NOT PARTICIPATING IN SBIR AND STTR.

(a) Selection Consideration.—

Section 34(c)(2)(B) of the Small Business Act (15 U.S.C. 657d(c)(2)(B)) is amended—

(1) in clause (iv), by striking ``and'' at the end;

(2) in clause (v), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following new clause:

``(vi) whether the proposal addresses the needs of small business concerns—

``(I) owned and controlled by women;

``(II) owned and controlled by minorities; and

``(III) located in areas that have historically not participated in the SBIR and STTR programs.''.

(b) Regulations.—

Section 34(c)(4) of the Small Business Act (15 U.S.C. 657d(c)(4)) is amended by adding at the end the following: ``The Administrator shall promulgate regulations establishing standards for the consideration of proposals under paragraph (2), including standards regarding each of the considerations identified in paragraph (2)(B).''.

Approved October 15, 2001.

Legislative History

H.R. 1860 (S. 856):

HOUSE REPORTS: No. 107-213, Pt. 1 (Comm. on Small Business).

SENATE REPORTS: No. 107-54 accompanying S. 856 (Comm. on Small Business).

CONGRESSIONAL RECORD, Vol. 147 (2001):

Sept. 24, considered and passed House.

Sept. 26, considered and passed Senate.