A bill to reauthorize the Small Business Technology Transfer Program, and for other purposes.

Summary: Small Business Technology Transfer Program Reauthorization Act of 2001 - Amends the Small Business Act to: (1) increase and extend through FY 2009 the authorization of appropriations for the Small Business Technology Transfer (STTR) Program; (2) increase to $750,000 the maximum award for small businesses participating in the second phase of an STTR Program; (3) require each Federal agency that is required to establish an STTR Program to implement an outreach program to research institutions and small businesses; (4) require the Administrator of the Small Business Administration (SBA) to modify a certain SBA policy directive with respect to Federal funding awards; (5) require each of the above agencies to collect and maintain information necessary to assess its STTR Program; (6) require STTR information to be included in agency databases currently maintaining Small Business Innovation Research (SBIR) program information; and (7) require STTR information to be included in such agencies' congressional reporting requirements.(Sec. 6) Requires the Administrator to include within an annual report on SBIR and STTR programs the number of proposals received from, and total amounts awarded to, HUBZone small businesses under each program.(Sec. 7) Directs the Administrator to promulgate regulations to establish a single model agreement for use in the STTR program that allocates between small businesses and research institutions intellectual property rights and any rights to carry out follow-on research, development, or commercialization. Requires each Federal agency that adopts an STTR program to adopt such model agreement.(Sec. 8) Revises provisions concerning the Federal and State Technology Partnership Program (a program to strengthen the technological competitiveness of small businesses) to require the Administrator and the SBIR Program managers to consider whether an SBIR Program proposal addresses the needs of small businesses owned and controlled by women and minorities located in areas not participating in SBIR and STTR programs. Requires the Administrator to promulgate regulations establishing standards for the consideration of such proposals.

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).''.

            Passed the Senate September 13, 2001.

            Attest:

                                                             Secretary.
107th CONGRESS

  1st Session

                                 S. 856

_______________________________________________________________________

                                 AN ACT

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