Pub.L. 107-051 Memorializing fallen firefighters by lowering the American flag to half- staff in honor of the National Fallen Firefighters Memorial Service in Emmitsburg, Maryland. <> ...

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[[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.

[[Page 115 STAT. 264]]

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)

[[Page 115 STAT. 265]]

                      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--

[[Page 115 STAT. 266]]

                                    ``(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.

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