[107th Congress Public Law 50]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ050.107]
[[Page 115 STAT. 263]]
Public Law 107-50
107th Congress
An Act
To reauthorize the Small Business Technology Transfer Program, and for
other purposes. <<NOTE: Oct. 15, 2001 - [H.R. 1860]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Small Business Technology
Transfer Program Reauthorization Act of 2001.>> assembled,
SECTION 1. SHORT TITLE. <<NOTE: 15 USC 631 note.>>
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 <<NOTE: 15 USC 631 note.>> amendments made
by subsection (a) shall be effective beginning in fiscal year 2004.
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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) <<NOTE: Deadline.>> 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)
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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) <<NOTE: Regulations.>> 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--
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``(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):
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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.
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