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George W. Bush Presidential Library Collection: Executive Clerk, Office of The Series: Saunders, G. Timothy (Tim) - Bill Files Folder Title: 10/15/2001 [H. R. 1860] Withdrawn/Redacted Material The George W. Bush Library DOCUMENT FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) NO. 001 Memorandum Enrolled Bill H.R. 1860 - Small Business Technology 1 10/05/2001 P6/b6; Transfer Program Reauthorization Act of 2001 [page 3] - To: POTUS - From: Mitchell E. Daniels, Jr. COLLECTION TITLE: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 10/15/2001 [H. R. 1860] FRC ID: 779 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. Page 1 of 1 This document was prepared on Tuesday, July 02, 2013 OFFICE THE RESIDENT STATE UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 THE PRESIDENT HAS SEEN 1:06 THE DIRECTOR October 5, 2001 10-15-01 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDICAL Mitchell E. Daniels, Jr. Director Enclosures -3- SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT N/C HUBBARD CARD IRASTORZA HUGHES N/C JOHNSON ok 1 ROVE LINDSEY oh BOLTEN N/C SPELLINGS ok HAGIN MIERS NC DANIELS RICE BLAKEMAN CONNAUGHTON CALIO oh GERSON FLEISCHER CLERK GONZALES Abjection HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. RESPONSE: APPROVED OCT 1. 5 2001 Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 STATE DEFICE OF THE OFFICE THE PRESIDENT STATE UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 01UC15PM11:07 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as, universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDanied Mitchell E. Daniels, Jr. Director Enclosures -3- STATE DEFICE OF THE PRESIDENT o STATES UNITED RE EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET UCI 5PM11:07 WASHINGTON, D.C. 20503 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. Mitchell E. Daniels, Jr. Director Enclosures -3- EXECUTIVE OFFICE OF THE PRESIDENT SFITE OF THE THE STATE UNITED OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 01 UCT 5PM11:07 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as- universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDIAMED Mitchell E. Daniels, Jr. Director Enclosures -3- OCT. 4. 2001 4:23PM NO. 5275 P. 2 SMALL BUSINESS U.S. SMALL BUSINESS ADMINISTRATION WASHINGTON, D.C. 20416 ADMINIST 1053 OFFICE OF THE ADMINISTRATOR OCT 4 2001 The Honorable Mitch Daniels Director Office of Management and Budget Washington, DC 20503 Dear Mr. Daniels: This is in response to your request for views of the U.S. Small Business Administration (SBA) on the enrolled bill, H.R. 1860, the "Small Business Technology Transfer Program Reauthorization Act of 2001." The SBA supports the President signing this bill. The bill, among other things, authorizes the Small Business Technology Transfer (STTR) Program through fiscal year 2009, increases the Phase II award level to $750,000 and the percentage set-aside to 0.30 percent in fiscal year 2004 and each year thereafter. We believe this bill will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development. The goal of the STTR Program is to link small businesses with creative ideas at universities, non-profit scientific and educational institutions, and Federal laboratories to advance technological innovation in Federal research and development programs. Through this collaboration, high quality research is made available in the American economy. Since the Program's authorization in 1992, and the issuance of the first awards in 1994, the Federal agencies have awarded more than $236 million to small businesses, with the research partners receiving more than $33 million of those funds. SBA recommends that the President sign this bill. HectorV. Sincerely, Bareto Hector V. Barreto Administrator Federal Recycling Program Printed on Recycled Paper NATIONAL SCIENCE FOUNDATION 4201 WILSON BOULEVARD ARLINGTON, VIRGINIA 22230 nsf October 1, 2001 OFFICE OF THE DEPUTY DIRECTOR Honorable Mitchell E. Daniels. Jr. Director Office of Management and Budget Washington, DC 20503 RE: Enrolled Bill Request - H.R. 1860 Dear Mr. Daniels: Section 2 of the "Small Business Technology Transfer Program Reauthorization Act of 2001" would require the National Science Foundation to double the size of our Small Business Technology Transfer Program in Fiscal Years 2004 and beyond. Section 4 of the bill would require us to institute an outreach program to enhance the STTR Program. Section 6 would require us to collect information from awardees for a database to be maintained by the Small Business Administration. These spending and administrative requirements would require us to devote approxi- mately $7 million more to the STTR Program in FY04 and future budgets than currently planned. The Foundation recommends that the President sign this measure. Thank you for the opportunity to comment on this enrolled bill. Sincerely, Joseph Bordogna Deputy Director Memo to the Record Date: 06/22/2016 Collection: Executive Clerk, Office of the Saunders, G. Timothy (Tim) Series: Bill Flies Folder Title: 10/15/2001 [H. R. 1860] RE: Small Business Technology Transfer Program Reauthorization Act of 2001 A copy of the report entitled "Small Business Technology Transfer Program Reauthorization Act of 2001" is included at this location in this folder. It was not scanned. It can be viewed at https://www.congress.gov/congressional-report/107th-congress/house- report/213/1?q=%7B%22search223A%5B922Smal+Business+Fechnology+Transfer+Prog ram+Reauthorization+Act+of+2001%229%5D%7D&resultIndex=1 If this link is broken, please contact the George W. Bush Presidential Library archives. 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- H.R. 1860-4 "(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. SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON R CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. RESPONSE: Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 UNITED OFFICE PRESSENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 01 0CT 5 PR11:06 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDanied Mitchell E. Daniels, Jr. Director Enclosures -3- SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. RESPONSE: Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 DFFICE OF THE THE PRESIDENT UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 01:0CT5PM11:08 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as. universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDamied Mitchell E. Daniels, Jr. Director Enclosures -3- 10/06/01 SAT 00:25 FAX < 001 *** TX REPORT *** TRANSMISSION OK TX/RX NO 0343 CONNECTION TEL 66212 CONNECTION ID ST. TIME 10/06 00:23 USAGE T 01'51 PGS. SENT 4 RESULT OK SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT X HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON ₹ CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. 10/06/01 SAT 00:27 FAX 001 *** TX REPORT *** TRANSMISSION OK TX/RX NO 0344 CONNECTION TEL 51005 CONNECTION ID ST. TIME 10/06 00:25 USAGE T 01'50 PGS. SENT 4 RESULT OK SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD X IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON > CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. 10/06/01 SAT 00:32 FAX 1 001 *** TX REPORT *** TRANSMISSION OK TX/RX NO 0346 CONNECTION TEL 56958 CONNECTION ID ST. TIME 10/06 00:30 USAGE T 01'50 PGS. SENT 4 RESULT OK SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. 10/06/01 SAT 00:30 FAX 1 001 *** TX REPORT *** TRANSMISSION OK TX/RX NO 0345 CONNECTION TEL 62710 CONNECTION ID ST. TIME 10/06 00:28 USAGE T 01'50 PGS. SENT 4 RESULT OK SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 01 UCI / PM5:13 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. comments RESPONSE: Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 EXECUTIVE OFFICE OF THE PRESIDENT STRUITYE UNITED OFFICE THE THE 3 OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDamied m Mitchell E. Daniels, Jr. Director Enclosures -3- 001 10/08/2001 MON 09:19 FAX Country SS/ RM NO. 494299 '01 0CT 8 AM9:48 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON > CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. RESPONSE: No objection -cer Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 002 10/08/2001 MON 09:19 FAX EXECUTIVE OFFICE OF THE PRESIDENT STATE OFFICE ONVICE OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 5 PHILICS THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Techrology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their rescarch budgets for research performed by small businesses generally. 003 10/08/2001 MON 09:19 FAX The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further devel op the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as 2. pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R. 1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- 004 10/08/2001 MON 09:20 FAX business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you apprc ve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDICAL Mitchell E. Daniels, Jr. Director Enclosures -3- SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM '01 0CT 8 AM11:37 Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. RESPONSE: 60 Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 PRESENT E CHECK UNITED D EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 5,PMII:06 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as. universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDamied Mitchell E. Daniels, Jr. Director Enclosures -3- SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. ok - EAW RESPONSE: Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 THE OFFICE THE ESIDENT SERVISE UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 01 UCT 5 PR11:05 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as. universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. m Mitchell E. Daniels, Jr. Director Enclosures -3- OCT-08-2001 13:33 OVP 2024560387 P.01/01 OFFICE OF THE VICE PRESIDENT WASHINGTON 010CT8PM2:02 October 8, 2001 MEMORANDUM FOR HARRIET MIERS STAFF SECRETARY FROM: JONATHAN BURKSP DEPUTY STAFF SECRETARY TO THE VICE PRESIDENT SUBJECT: H.R. 1860, Small Business Technology Transfer Program Reauthorization Act of 2001 The Office of the Vice President has reviewed the above-referenced draft and has no comments. TOTAL P.01 SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 010CT8PM2:56 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER > CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. RESPONSE: Cigalative Affer (Anword) -oh Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 OF THE THE PRESIDENT STATES UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 01.00T5PM11:05 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. m Mitchell E. Daniels, Jr. Director Enclosures -3- SS/ RM NO. 494299 SB WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. N/C SUB 10. RESPONSE: Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 THE PRESIDENT UNITED & EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 010CT5PR1105 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as- universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDICAL m Mitchell E. Daniels, Jr. Director Enclosures -3- SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 V1 UC I 9 AMB: 48 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. NC RESPONSE: Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 EXECUTIVE OFFICE OF THE PRESIDENT STATE THE STATE WTATE UNITED OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 010CT5PM11:05 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. Mitchell E. Daniels, Jr. Director Enclosures -3- (9)(q) SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM '01 UC I PM6:22 H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. RESPONSE: New Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 UNITED FULL OFFICE THE RESIDENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDamied M Mitchell E. Daniels, Jr. Director Enclosures -3- 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 WHITE HOU 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. 1860-4 "(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).". Specker Da. of the House Mostent of Representatives. Visa Lane Prosident of the President United Stat Bynd of the and Senateuro tempore. APPROVED OCT 1 5 2001 San Be 01:0CT 10 PM12:49 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET 10/15 Route Slip To: Carol Cleveland Take necessary action X Staff Secretary's Office Approval or signature Ground Floor/West Wing/WH Comment Prepare reply Discuss with me For your information See remarks below From: Dianne Wells, LRD Date: 10/09/01 Remarks: FOR YOUR RECORDS -- attached is the original SBA views letter on: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Actof 2001 SMALL U.S. SMALL BUSINESS ADMINISTRATION WASHINGTON, D.C. 20416 1953 ATTO OFFICE OF THE ADMINISTRATOR OCT - 4 2001 The Honorable Mitch Daniels Director Office of Management and Budget Washington, DC 20503 Dear Mr. Daniels: This is in response to your request for views of the U.S. Small Business Administration (SBA) on the enrolled bill, H.R. 1860, the "Small Business Technology Transfer Program Reauthorization Act of 2001." The SBA supports the President signing this bill. The bill, among other things, authorizes the Small Business Technology Transfer (STTR) Program through fiscal year 2009, increases the Phase II award level to $750,000 and the percentage set-aside to 0.30 percent in fiscal year 2004 and each year thereafter. We believe this bill will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development. The goal of the STTR Program is to link small businesses with creative ideas at universities, non-profit scientific and educational institutions, and Federal laboratories to advance technological innovation in Federal research and development programs. Through this collaboration, high quality research is made available in the American economy. Since the Program's authorization in 1992, and the issuance of the first awards in 1994, the Federal agencies have awarded more than $236 million to small businesses, with the research partners receiving more than $33 million of those funds. SBA recommends that the President sign this bill. Sincerely, Bareto Hector V. Barreto Administrator Federal Recycling Program Printed on Recycled Paper Clerk 494299 DFFICE OF THE THE PRESIDENT STATES UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 THE DIRECTOR October 5, 2001 BILLIS HERE MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as- universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. MEDamied Mitchell E. Daniels, Jr. Director Enclosures -3- SS/ RM NO. 494299 WHITE HOUSE STAFFING MEMORANDUM Date: 10-5-01 ACTION / CONCURRENCE / COMMENT DUE BY: 10-8-01, 2:00 PM H.R. 1860, SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Subject: REAUTHORIZATION ACT OF 2001 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD IRASTORZA HUGHES JOHNSON ROVE LINDSEY BOLTEN SPELLINGS HAGIN MIERS DANIELS RICE BLAKEMAN CONNAUGHTON CALIO GERSON FLEISCHER CLERK GONZALES HAWKINS REMARKS: PLEASE SEND COMMENTS TO STAFF SECRETARY NO LATER THAN 2:00 PM MONDAY, 10-8-01. THANK YOU. RESPONSE: Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 DERO OF THE PRESIDENT STATE UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 '01/UC) 5 PMI1:06 THE DIRECTOR October 5, 2001 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 1860 - Small Business Technology Transfer Program Reauthorization Act of 2001 Sponsor - Rep. Ehlers (R) Michigan and 3 cosponsors Last Day for Action October 15, 2001 - Monday Purpose (1) Extends the authority for the Small Business Technology Transfer (STTR) Program by eight years, through fiscal year 2009; and (2) doubles the STTR program set-aside for major Federal agency external research budgets from 0.15 percent to 0.30 percent. Agency Recommendations Office of Management and Budget Approval Small Business Administration (SBA) Approval National Science Foundation (NSF) Approval Department of Justice No objection (Informally) Office of Science and Technology Policy (OSTP) No objection (Informally) Department of Defense Defers to OSTP (Informally) Department of Energy Defers to SBA (Informally) Department of Health and Human Services (HHS) Defers to SBA (Informally) Department of Commerce No comment (Informally) National Aeronautics and Space Administration (NASA) No comment (Informally) Discussion The STTR program requires Federal agencies with annual external research or research and development budgets exceeding $1 billion to set aside 0.15 percent of those budgets for research projects performed jointly by small businesses and research institutions such as universities or Federally funded laboratories. Five agencies (the Departments of Defense, Energy, and HHS, NSF, and NASA) are currently covered by the program. These agencies are also covered by the larger Small Business Innovation Research (SBIR) program, under which agencies are required to set aside 2.5 percent of their research budgets for research performed by small businesses generally. The STTR program is designed to promote collaboration between small firms and research institutions. To receive an award under the program, a research institution and a small firm must jointly submit a research proposal to an agency. Applicants whose proposals are accepted proceed through up to three phases. In Phase I, participants are awarded one-year grants of up to $100,000 to explore a concept's scientific, technical, and commercial potential. Participants with apparently meritorious concepts are permitted to proceed to Phase II, in which they receive a two-year grant of up to $500,000 to further develop the concept. In Phase III (for which participants cannot use STTR funds), participants work on commercializing their concepts and may also continue research and development. The STTR program was established by law in 1992 as a pilot program, and was extended in 1996 and 1997. The most recent extension expired on September 30, 2001. Provisions of H.R. 1860 The enrolled bill would extend the authorization for the STTR program through September 30, 2009, and would remove its statutory designation as a "pilot" program. H.R.1860 would also double the current 0.15 percent set-aside for the STTR program to 0.30 percent beginning in FY 2004. (In testimony before the House and Senate Small Business Committees, the Administration proposed that the STTR program be reauthorized for three years, with no increase to the current 0.15 percent set-aside rate.) Also beginning in FY 2004, the amount of Phase II grants would be increased from $500,000 to $750,000 and awarding agencies would be given the discretion to shorten or lengthen the current two-year Phase II period where appropriate for specific projects. In addition, H.R. 1860 would require SBA to issue two new regulations. The first new regulation would prescribe a standard agreement, which participating agencies would be required to adopt, clarifying the property rights of small businesses and research institutions concerning intellectual property developed with the assistance of STTR grants. Concurrently, SBA would be required to modify existing policy directives to clarify that a small business retains rights to data it generates in STTR-funded projects for at least four years after that business completes participation in a phase of the award. The second new regulation would establish standards for evaluations for grants under the Federal and State Technology (FAST) Partnership program, including consideration of whether funding proposals address the needs of small businesses owned by women or minorities or areas that have historically not participated in the STTR and the SBIR programs. (The FAST Program provides grants to support State efforts to recruit and assist participants in the SBIR program.) The enrolled bill would also require SBA to collect and maintain information necessary to assess the STTR Program. In addition, the enrolled bill would require SBA to maintain an electronic public database of information about the STTR Program similar to the database maintained for the SBIR Program. SBA would have to include in the database, with respect to any individual project receiving STTR assistance, information on: (1) whether the small -2- business or the research institution initiated the collaboration; (2) whether the small business or the research institution originated the technology; (3) the length of time it took to negotiate a licensing agreement between the small business and the research institution; and (4) how the proceeds from the commercialization, marketing, or sale of technology were allocated between the small business and the research institution. Finally, the enrolled bill would require agencies to engage in outreach to research institutions and small businesses to enhance their STTR programs in conjunction with any similar outreach done for the SBIR Program. Conclusion and Recommendations SBA recommends approval in its views letter, stating that H.R. 1860 "will enable us to continue our efforts to strengthen the competitiveness of small businesses to participate in Federal research and development." SBA notes that, since the STTR program's inception in 1992, "Federal agencies have awarded more than $236 million [in grants under the STTR program] to small businesses." We join SBA and NSF in recommending that you approve H.R. 1860, which passed the House by voice vote and the Senate by unanimous consent. M MEDanied Mitchell E. Daniels, Jr. Director Enclosures -3-