[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1860 Enrolled Bill (ENR)]

        H.R.1860

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 An Act


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

    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).''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.