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 develop-
ment, 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 subpara-
graph (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 fol-
lowing: ‘‘, 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.
H. R. 1860—2
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 institu-
tions 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 accord-
ance 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 pro-
gram 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 con-
cern 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)
H. R. 1860—3
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 ‘‘exclu-
sively 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 Busi-
ness 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 pro-
grams,’’.
SEC. 7. STTR PROGRAM-WIDE MODEL AGREEMENT FOR INTELLEC-
TUAL 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 con-
cerns 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 regula-
tions under paragraph (1), the Administrator shall provide
to affected agencies, small business concerns, research institu-
tions, 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 sub-
section (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—