[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2965 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 13, 2009.
Resolved, That the bill from the House of Representatives (H.R.
2965) entitled ``An Act to amend the Small Business Act with respect to
the Small Business Innovation Research Program and the Small Business
Technology Transfer Program, and for other purposes.'', do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBIR/STTR Reauthorization Act of
2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS
Sec. 101. Extension of termination dates.
Sec. 102. Status of the Office of Technology.
Sec. 103. SBIR allocation increase.
Sec. 104. STTR allocation increase.
Sec. 105. SBIR and STTR award levels.
Sec. 106. Agency and program collaboration.
Sec. 107. Elimination of Phase II invitations.
Sec. 108. Majority-venture investments in SBIR firms.
Sec. 109. SBIR and STTR special acquisition preference.
Sec. 110. Collaborating with Federal laboratories and research and
development centers.
Sec. 111. Notice requirement.
TITLE II--OUTREACH AND COMMERCIALIZATION INITIATIVES
Sec. 201. Rural and State outreach.
Sec. 202. SBIR-STEM Workforce Development Grant Pilot Program.
Sec. 203. Technical assistance for awardees.
Sec. 204. Commercialization program at Department of Defense.
Sec. 205. Commercialization Pilot Program for civilian agencies.
Sec. 206. Nanotechnology initiative.
Sec. 207. Accelerating cures.
TITLE III--OVERSIGHT AND EVALUATION
Sec. 301. Streamlining annual evaluation requirements.
Sec. 302. Data collection from agencies for SBIR.
Sec. 303. Data collection from agencies for STTR.
Sec. 304. Public database.
Sec. 305. Government database.
Sec. 306. Accuracy in funding base calculations.
Sec. 307. Continued evaluation by the National Academy of Sciences.
Sec. 308. Technology insertion reporting requirements.
Sec. 309. Intellectual property protections.
TITLE IV--POLICY DIRECTIVES
Sec. 401. Conforming amendments to the SBIR and the STTR Policy
Directives.
Sec. 402. Priorities for certain research initiatives.
Sec. 403. Report on SBIR and STTR program goals.
Sec. 404. Competitive selection procedures for SBIR and STTR programs.
SEC. 3. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the terms ``extramural budget'', ``Federal agency'',
``Small Business Innovation Research Program'', ``SBIR'',
``Small Business Technology Transfer Program'', and ``STTR''
have the meanings given such terms in section 9 of the Small
Business Act (15 U.S.C. 638); and
(3) the term ``small business concern'' has the same
meaning as under section 3 of the Small Business Act (15 U.S.C.
632).
TITLE I--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS
SEC. 101. EXTENSION OF TERMINATION DATES.
(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended by striking ``2008'' and inserting ``2017''.
(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C.
638(n)(1)(A)) is amended by striking ``2009'' and inserting ``2017''.
SEC. 102. STATUS OF THE OFFICE OF TECHNOLOGY.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraph (8) as paragraph (9); and
(4) by adding at the end the following:
``(10) to maintain an Office of Technology to carry out the
responsibilities of the Administration under this section,
which shall be--
``(A) headed by the Assistant Administrator for
Technology, who shall report directly to the
Administrator; and
``(B) independent from the Office of Government
Contracting of the Administration and sufficiently
staffed and funded to comply with the oversight,
reporting, and public database responsibilities
assigned to the Office of Technology by the
Administrator.''.
SEC. 103. SBIR ALLOCATION INCREASE.
Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Each'' and inserting ``Except as provided in
paragraph (2)(C), each'';
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) not less than 2.5 percent of such budget in
each of fiscal years 2009 and 2010;
``(D) not less than 2.6 percent of such budget in
fiscal year 2011;
``(E) not less than 2.7 percent of such budget in
fiscal year 2012;
``(F) not less than 2.8 percent of such budget in
fiscal year 2013;
``(G) not less than 2.9 percent of such budget in
fiscal year 2014;
``(H) not less than 3.0 percent of such budget in
fiscal year 2015;
``(I) not less than 3.1 percent of such budget in
fiscal year 2016;
``(J) not less than 3.2 percent of such budget in
fiscal year 2017;
``(K) not less than 3.3 percent of such budget in
fiscal year 2018;
``(L) not less than 3.4 percent of such budget in
fiscal year 2019; and
``(M) not less than 3.5 percent of such budget in
fiscal year 2020 and each fiscal year thereafter,'';
and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the
margins accordingly;
(B) by striking ``A Federal agency'' and inserting
the following:
``(A) In general.--A Federal agency''; and
(C) by adding at the end the following:
``(B) Department of defense and department of
energy.--For the Department of Defense and the
Department of Energy, to the greatest extent
practicable, the percentage of the extramural budget in
excess of 2.5 percent required to be expended with
small business concerns under subparagraphs (D) through
(M) of paragraph (1)--
``(i) may not be used for new Phase I or
Phase II awards; and
``(ii) shall be used for activities that
further the readiness levels of technologies
developed under Phase II awards, including
conducting testing and evaluation to promote
the transition of such technologies into
commercial or defense products, or systems
furthering the mission needs of the Department
of Defense or the Department of Energy, as the
case may be.''.
SEC. 104. STTR ALLOCATION INCREASE.
Section 9(n)(1)(B) of the Small Business Act (15 U.S.C.
638(n)(1)(B)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking ``thereafter.'' and
inserting ``through fiscal year 2010;''; and
(3) by adding at the end the following:
``(iii) 0.4 percent for fiscal years 2011
and 2012;
``(iv) 0.5 percent for fiscal years 2013
and 2014; and
``(v) 0.6 percent for fiscal year 2015 and
each fiscal year thereafter.''.
SEC. 105. SBIR AND STTR AWARD LEVELS.
(a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small Business Act
(15 U.S.C. 638(j)(2)(D)) is amended--
(1) by striking ``$100,000'' and inserting ``$150,000'';
and
(2) by striking ``$750,000'' and inserting ``$1,000,000''.
(b) STTR Adjustments.--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 ``$100,000'' and inserting ``$150,000'';
and
(2) by striking ``$750,000'' and inserting ``$1,000,000''.
(c) Triennial Adjustments.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``5 years'' and inserting ``3
years''; and
(B) by striking ``and programmatic
considerations''; and
(2) in subsection (p)(2)(B)(ix) by striking ``greater or
lesser amounts to be awarded at the discretion of the awarding
agency,'' and inserting ``an adjustment for inflation of such
amounts once every 3 years,''.
(d) Limitation on Certain Awards.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended by adding at the end the following:
``(aa) Limitation on Certain Awards.--
``(1) Limitation.--No Federal agency may issue an award
under the SBIR program or the STTR program if the size of the
award exceeds the award guidelines established under this
section by more than 50 percent.
``(2) Maintenance of information.--Participating agencies
shall maintain information on awards exceeding the guidelines
established under this section, including--
``(A) the amount of each award;
``(B) a justification for exceeding the award
amount;
``(C) the identity and location of each award
recipient; and
``(D) whether a recipient has received any venture
capital investment and, if so, whether the recipient is
majority-owned and controlled by multiple venture
capital companies.
``(3) Reports.--The Administrator shall include the
information described in paragraph (2) in the annual report of
the Administrator to Congress.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent a Federal agency from
supplementing an award under the SBIR program or the STTR
program using funds of the Federal agency that are not part of
the SBIR program or the STTR program of the Federal agency.''.
SEC. 106. AGENCY AND PROGRAM COLLABORATION.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is amended by adding at the end the following:
``(bb) Subsequent Phases.--
``(1) Agency collaboration.--A small business concern that
received an award from a Federal agency under this section
shall be eligible to receive an award for a subsequent phase
from another Federal agency, if the head of each relevant
Federal agency or the relevant component of the Federal agency
makes a written determination that the topics of the relevant
awards are the same and both agencies report the awards to the
Administrator for inclusion in the public database under
subsection (k).
``(2) SBIR and sttr collaboration.--A small business
concern which received an award under this section under the
SBIR program or the STTR program may receive an award under
this section for a subsequent phase in either the SBIR program
or the STTR program and the participating agency or agencies
shall report the awards to the Administrator for inclusion in
the public database under subsection (k).''.
SEC. 107. ELIMINATION OF PHASE II INVITATIONS.
(a) In General.--Section 9(e) of the Small Business Act (15 U.S.C.
638(e)) is amended--
(1) in paragraph (4)(B), by striking ``to further'' and
inserting: ``which shall not include any invitation, pre-
screening, pre-selection, or down-selection process for
eligibility for the second phase, that will further''; and
(2) in paragraph (6)(B), by striking ``to further develop
proposed ideas to'' and inserting ``which shall not include any
invitation, pre-screening, pre-selection, or down-selection
process for eligibility for the second phase, that will further
develop proposals that''.
(b) Technical and Conforming Amendments.--The Small Business Act
(15 U.S.C. 638) is amended--
(1) in section 9--
(A) in subsection (e)--
(i) in paragraph (8), by striking ``and''
at the end;
(ii) in paragraph (9)--
(I) by striking ``the second or the
third phase'' and inserting ``Phase II
or Phase III''; and
(II) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(10) the term `Phase I' means--
``(A) with respect to the SBIR program, the first
phase described in paragraph (4)(A); and
``(B) with respect to the STTR program, the first
phase described in paragraph (6)(A);
``(11) the term `Phase II' means--
``(A) with respect to the SBIR program, the second
phase described in paragraph (4)(B); and
``(B) with respect to the STTR program, the second
phase described in paragraph (6)(B); and
``(12) the term `Phase III' means--
``(A) with respect to the SBIR program, the third
phase described in paragraph (4)(C); and
``(B) with respect to the STTR program, the third
phase described in paragraph (6)(C).'';
(B) in subsection (j)--
(i) in paragraph (1)(B), by striking
``phase two'' and inserting ``Phase II'';
(ii) in paragraph (2)--
(I) in subparagraph (B)--
(aa) by striking ``the
third phase'' each place it
appears and inserting ``Phase
III''; and
(bb) by striking ``the
second phase'' and inserting
``Phase II'';
(II) in subparagraph (D)--
(aa) by striking ``the
first phase'' and inserting
``Phase I''; and
(bb) by striking ``the
second phase'' and inserting
``Phase II'';
(III) in subparagraph (F), by
striking ``the third phase'' and
inserting ``Phase III'';
(IV) in subparagraph (G)--
(aa) by striking ``the
first phase'' and inserting
``Phase I''; and
(bb) by striking ``the
second phase'' and inserting
``Phase II''; and
(V) in subparagraph (H)--
(aa) by striking ``the
first phase'' and inserting
``Phase I'';
(bb) by striking ``second
phase'' each place it appears
and inserting ``Phase II''; and
(cc) by striking ``third
phase'' and inserting ``Phase
III''; and
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking ``the
first phase (as described in
subsection (e)(4)(A))'' and
inserting ``Phase I'';
(bb) by striking ``the
second phase (as described in
subsection (e)(4)(B))'' and
inserting ``Phase II''; and
(cc) by striking ``the
third phase (as described in
subsection (e)(4)(C))'' and
inserting ``Phase III''; and
(II) in subparagraph (B), by
striking ``second phase'' and inserting
``Phase II'';
(C) in subsection (k)--
(i) by striking ``first phase'' each place
it appears and inserting ``Phase I''; and
(ii) by striking ``second phase'' each
place it appears and inserting ``Phase II'';
(D) in subsection (l)(2)--
(i) by striking ``the first phase'' and
inserting ``Phase I''; and
(ii) by striking ``the second phase'' and
inserting ``Phase II'';
(E) in subsection (o)(13)--
(i) in subparagraph (B), by striking
``second phase'' and inserting ``Phase II'';
and
(ii) in subparagraph (C), by striking
``third phase'' and inserting ``Phase III'';
(F) in subsection (p)--
(i) in paragraph (2)(B)--
(I) in clause (vi)--
(aa) by striking ``the
second phase'' and inserting
``Phase II''; and
(bb) by striking ``the
third phase'' and inserting
``Phase III''; and
(II) in clause (ix)--
(aa) by striking ``the
first phase'' and inserting
``Phase I''; and
(bb) by striking ``the
second phase'' and inserting
``Phase II''; and
(ii) in paragraph (3)--
(I) by striking ``the first phase
(as described in subsection
(e)(6)(A))'' and inserting ``Phase I'';
(II) by striking ``the second phase
(as described in subsection
(e)(6)(B))'' and inserting ``Phase
II''; and
(III) by striking ``the third phase
(as described in subsection
(e)(6)(A))'' and inserting ``Phase
III'';
(G) in subsection (q)(3)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by
striking ``First phase'' and inserting
``Phase i''; and
(II) by striking ``first phase''
and inserting ``Phase I''; and
(ii) in subparagraph (B)--
(I) in the subparagraph heading, by
striking ``Second phase'' and inserting
``Phase ii''; and
(II) by striking ``second phase''
and inserting ``Phase II'';
(H) in subsection (r)--
(i) in the subsection heading, by striking
``Third Phase'' and inserting ``Phase III'';
(ii) in paragraph (1)--
(I) in the first sentence--
(aa) by striking ``for the
second phase'' and inserting
``for Phase II'';
(bb) by striking ``third
phase'' and inserting ``Phase
III''; and
(cc) by striking ``second
phase period'' and inserting
``Phase II period''; and
(II) in the second sentence--
(aa) by striking ``second
phase'' and inserting ``Phase
II''; and
(bb) by striking ``third
phase'' and inserting ``Phase
III''; and
(iii) in paragraph (2), by striking ``third
phase'' and inserting ``Phase III''; and
(I) in subsection (u)(2)(B), by striking ``the
first phase'' and inserting ``Phase I'';
(2) in section 34--
(A) in subsection (c)(2)(B)(ii), by striking
``first phase and second phase SBIR awards'' and
inserting ``Phase I and Phase II SBIR awards (as
defined in section 9(e))''; and
(B) in subsection (e)(2)(A)--
(i) in clause (i), by striking ``first
phase awards'' and all that follows and
inserting ``Phase I awards (as defined in
section 9(e));''; and
(ii) by striking ``first phase'' each place
it appears and inserting ``Phase I''; and
(3) in section 35(c)(2)(B)(vii), by striking ``third
phase'' and inserting ``Phase III''.
SEC. 108. MAJORITY-VENTURE INVESTMENTS IN SBIR FIRMS.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this Act, is amended by adding at the end the
following:
``(cc) Majority-venture Investments in SBIR Firms.--
``(1) Authority and determination.--
``(A) In general.--Upon a written determination
provided not later than 30 days in advance to the
Administrator and to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives--
``(i) the Director of the National
Institutes of Health may award not more than 18
percent of the SBIR funds of the National
Institutes of Health allocated in accordance
with this Act, in the first full fiscal year
beginning after the date of enactment of this
subsection, and each fiscal year thereafter, to
small business concerns that are owned in
majority part by venture capital companies and
that satisfy the qualification requirements
under paragraph (2) through competitive, merit-
based procedures that are open to all eligible
small business concerns; and
``(ii) the head of any other Federal agency
participating in the SBIR program may award not
more than 8 percent of the SBIR funds of the
Federal agency allocated in accordance with
this Act, in the first full fiscal year
beginning after the date of enactment of this
subsection, and each fiscal year thereafter, to
small business concerns that are majority owned
by venture capital companies and that satisfy
the qualification requirements under paragraph
(2) through competitive, merit-based procedures
that are open to all eligible small business
concerns.
``(B) Determination.--A written determination made
under subparagraph (A) shall explain how the use of the
authority under that subparagraph will induce
additional venture capital funding of small business
innovations, substantially contribute to the mission of
the funding Federal agency, demonstrate a need for
public research, and otherwise fulfill the capital
needs of small business concerns for additional
financing for the SBIR project.
``(2) Qualification requirements.--The Administrator shall
establish requirements relating to the affiliation by small
business concerns with venture capital companies, which may not
exclude a United States small business concern from
participation in the program under paragraph (1) on the basis
that the small business concern is owned in majority part by,
or controlled by, more than 1 United States venture capital
company, so long as no single venture capital company owns more
than 49 percent of the small business concern.
``(3) Registration.--A small business concern that is
majority owned and controlled by multiple venture capital
companies and qualified for participation in the program
authorized under paragraph (1) shall--
``(A) register with the Administrator on the date
that the small business concern submits an application
for an award under the SBIR program; and
``(B) indicate whether the small business concern
is registered under subparagraph (A) in any SBIR
proposal.
``(4) Compliance.--A Federal agency described in paragraph
(1) shall collect data regarding the number and dollar amounts
of phase I, phase II, and all other categories of awards under
the SBIR program, and the Administrator shall report on the
data and the compliance of each such Federal agency with the
maximum amounts under paragraph (1) as part of the annual
report by the Administration under subsection (b)(7).
``(5) Enforcement.--If a Federal agency awards more than
the amount authorized under paragraph (1) for a purpose
described in paragraph (1), the amount awarded in excess of the
amount authorized under paragraph (1) shall be transferred to
the funds for general SBIR programs from the non-SBIR research
and development funds of the Federal agency within 60 days of
the date on which the Federal agency awarded more than the
amount authorized under paragraph (1) for a purpose described
in paragraph (1).''.
(b) Technical and Conforming Amendment.--Section 3 of the Small
Business Act (15 U.S.C. 632) is amended by adding at the end the
following:
``(t) Venture Capital Company.--In this Act, the term `venture
capital company' means an entity described in clause (i), (v), or (vi)
of section 121.103(b)(5) of title 13, Code of Federal Regulations (or
any successor thereto).''.
(c) Assistance for Determining Affiliates.--Not later than 30 days
after the date of enactment of this Act, the Administrator shall post
on the website of the Administration (with a direct link displayed on
the homepage of the website of the Administration or the SBIR website
of the Administration)--
(1) a clear explanation of the SBIR affiliation rules under
part 121 of title 13, Code of Federal Regulations; and
(2) contact information for officers or employees of the
Administration who--
(A) upon request, shall review an issue relating to
the rules described in paragraph (1); and
(B) shall respond to a request under subparagraph
(A) not later than 20 business days after the date on
which the request is received.
SEC. 109. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE.
Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is
amended by adding at the end the following:
``(4) Phase iii awards.--To the greatest extent
practicable, Federal agencies and Federal prime contractors
shall issue Phase III awards relating to technology, including
sole source awards, to the SBIR and STTR award recipients that
developed the technology.''.
SEC. 110. COLLABORATING WITH FEDERAL LABORATORIES AND RESEARCH AND
DEVELOPMENT CENTERS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is amended by adding at the end the following:
``(dd) Collaborating With Federal Laboratories and Research and
Development Centers.--
``(1) Authorization.--Subject to the limitations under this
section, the head of each participating Federal agency may make
SBIR and STTR awards to any eligible small business concern
that--
``(A) intends to enter into an agreement with a
Federal laboratory or federally funded research and
development center for portions of the activities to be
performed under that award; or
``(B) has entered into a cooperative research and
development agreement (as defined in section 12(d) of
the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a(d))) with a Federal laboratory.
``(2) Prohibition.--No Federal agency shall--
``(A) condition an SBIR or STTR award upon entering
into agreement with any Federal laboratory or any
federally funded laboratory or research and development
center for any portion of the activities to be
performed under that award;
``(B) approve an agreement between a small business
concern receiving a SBIR or STTR award and a Federal
laboratory or federally funded laboratory or research
and development center, if the small business concern
performs a lesser portion of the activities to be
performed under that award than required by this
section and by the SBIR Policy Directive and the STTR
Policy Directive of the Administrator; or
``(C) approve an agreement that violates any
provision, including any data rights protections
provision, of this section or the SBIR and the STTR
Policy Directives.
``(3) Implementation.--Not later than 180 days after the
date of enactment of this subsection, the Administrator shall
modify the SBIR Policy Directive and the STTR Policy Directive
issued under this section to ensure that small business
concerns--
``(A) have the flexibility to use the resources of
the Federal laboratories and federally funded research
and development centers; and
``(B) are not mandated to enter into agreement with
any Federal laboratory or any federally funded
laboratory or research and development center as a
condition of an award.''.
SEC. 111. NOTICE REQUIREMENT.
The head of any Federal agency involved in a case or controversy
before any Federal judicial or administrative tribunal concerning the
SBIR program or the STTR program shall provide timely notice, as
determined by the Administrator, of the case or controversy to the
Administrator.
TITLE II--OUTREACH AND COMMERCIALIZATION INITIATIVES
SEC. 201. RURAL AND STATE OUTREACH.
(a) Outreach.--Section 9 of the Small Business Act (15 U.S.C. 638)
is amended by inserting after subsection (r) the following:
``(s) Outreach.--
``(1) Definition of eligible state.--In this subsection,
the term `eligible State' means a State--
``(A) for which the total value of contracts
awarded to the State under this section during the most
recent fiscal year for which data is available was less
than $5,000,000; and
``(B) that certifies to the Administrator that the
State will, upon receipt of assistance under this
subsection, provide matching funds from non-Federal
sources in an amount that is not less than 50 percent
of the amount provided under this subsection.
``(2) Program authority.--Of amounts made available to
carry out this section for each of fiscal years 2010 through
2014, the Administrator may expend with eligible States not
more than $5,000,000 in each such fiscal year in order to
increase the participation of small business concerns located
in those States in the programs under this section.
``(3) Amount of assistance.--The amount of assistance
provided to an eligible State under this subsection in any
fiscal year--
``(A) shall be equal to not more than 50 percent of
the total amount of matching funds from non-Federal
sources provided by the State; and
``(B) shall not exceed $100,000.
``(4) Use of assistance.--Assistance provided to an
eligible State under this subsection shall be used by the
State, in consultation with State and local departments and
agencies, for programs and activities to increase the
participation of small business concerns located in the State
in the programs under this section, including--
``(A) the establishment of quantifiable performance
goals, including goals relating to--
``(i) the number of program awards under
this section made to small business concerns in
the State; and
``(ii) the total amount of Federal research
and development contracts awarded to small
business concerns in the State;
``(B) the provision of competition outreach support
to small business concerns in the State that are
involved in research and development; and
``(C) the development and dissemination of
educational and promotional information relating to the
programs under this section to small business concerns
in the State.''.
(b) Federal and State Program Extension.--Section 34 of the Small
Business Act (15 U.S.C. 657d) is amended--
(1) in subsection (h), by striking ``2001 through 2005''
each place it appears and inserting ``2010 through 2014''; and
(2) in subsection (i), by striking ``2005'' and inserting
``2014''.
(c) Matching Requirements.--Section 34(e)(2) of the Small Business
Act (15 U.S.C. 657d(e)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``50 cents'' and
inserting ``35 cents''; and
(B) in clause (iii), by striking ``75 cents'' and
inserting ``50 cents'';
(2) in subparagraph (B), by striking ``50 cents'' and
inserting ``35 cents'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(4) by inserting after subparagraph (B) the following:
``(C) Rural areas.--
``(i) In general.--Except as provided in
clause (ii), the non-Federal share of the cost
of the activity carried out using an award or
under a cooperative agreement under this
section shall be 35 cents for each Federal
dollar that will be directly allocated by a
recipient described in paragraph (A) to serve
small business concerns located in a rural
area.
``(ii) Enhanced rural awards.--For a
recipient located in a rural area that is
located in a State described in subparagraph
(A)(i), the non-Federal share of the cost of
the activity carried out using an award or
under a cooperative agreement under this
section shall be 15 cents for each Federal
dollar that will be directly allocated by a
recipient described in paragraph (A) to serve
small business concerns located in the rural
area.
``(iii) Definition of rural area.--In this
subparagraph, the term `rural area' has the
meaning given that term in section 1393(a)(2))
of the Internal Revenue Code of 1986.''.
SEC. 202. SBIR-STEM WORKFORCE DEVELOPMENT GRANT PILOT PROGRAM.
(a) Pilot Program Established.--From amounts made available to
carry out this section, the Administrator shall establish a SBIR-STEM
Workforce Development Grant Pilot Program to encourage the business
community to provide workforce development opportunities for college
students, in the fields of science, technology, engineering, and math
(in this section referred to as ``STEM college students''), by
providing a SBIR bonus grant.
(b) Eligible Entities Defined.--In this section the term ``eligible
entity'' means a grantee receiving a grant under the SBIR Program on
the date of the bonus grant under subsection (a) that provides an
internship program for STEM college students.
(c) Awards.--An eligible entity shall receive a bonus grant equal
to 10 percent of either a Phase I or Phase II grant, as applicable,
with a total award maximum of not more than $10,000 per year.
(d) Evaluation.--Following the fourth year of funding under this
section, the Administrator shall submit a report to Congress on the
results of the SBIR-STEM Workforce Development Grant Pilot Program.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $1,000,000 for fiscal year 2011;
(2) $1,000,000 for fiscal year 2012;
(3) $1,000,000 for fiscal year 2013;
(4) $1,000,000 for fiscal year 2014; and
(5) $1,000,000 for fiscal year 2015.
SEC. 203. TECHNICAL ASSISTANCE FOR AWARDEES.
Section 9(q)(3) of the Small Business Act (15 U.S.C. 638(q)(3)) is
amended--
(1) in subparagraph (A), by striking ``$4,000'' and
inserting ``$5,000'';
(2) in subparagraph (B)--
(A) by striking ``, with funds available from their
SBIR awards,''; and
(B) by striking ``$4,000 per year'' and inserting
``$5,000 per year, which shall be in addition to the
amount of the recipient's award''; and
(3) by adding at the end the following:
``(C) Flexibility.--In carrying out subparagraphs
(A) and (B), each Federal agency shall provide the
allowable amounts to a recipient that meets the
eligibility requirements under the applicable
subparagraph, if the recipient requests to seek
technical assistance from an individual or entity other
than the vendor selected under paragraph (2) by the
Federal agency.
``(D) Limitation.--A Federal agency may not--
``(i) use the amounts authorized under
subparagraph (A) or (B) unless the vendor
selected under paragraph (2) provides the
technical assistance to the recipient; or
``(ii) enter a contract with a vendor under
paragraph (2) under which the amount provided
for technical assistance is based on total
number of Phase I or Phase II awards.''.
SEC. 204. COMMERCIALIZATION PROGRAM AT DEPARTMENT OF DEFENSE.
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is
amended--
(1) in the subsection heading, by striking ``Pilot'';
(2) by striking ``Pilot'' each place that term appears;
(3) in paragraph (1)--
(A) by inserting ``or Small Business Technology
Transfer Program'' after ``Small Business Innovation
Research Program''; and
(B) by adding at the end the following: ``The
authority to create and administer a Commercialization
Program under this subsection may not be construed to
eliminate or replace any other SBIR program or STTR
program that enhances the insertion or transition of
SBIR or STTR technologies, including any such program
in effect on the date of enactment of the National
Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3136).'';
(4) in paragraph (2), by inserting ``or Small Business
Technology Transfer Program'' after ``Small Business Innovation
Research Program'';
(5) in paragraph (4), by inserting ``or Small Business
Technology Transfer Program'' after ``Small Business Innovation
Research Program'';
(6) by striking paragraph (6);
(7) by redesignating paragraph (5) as paragraph (7); and
(8) by inserting after paragraph (4) the following:
``(5) Insertion incentives.--For any contract with a value
of not less than $100,000,000, the Secretary of Defense is
authorized to--
``(A) establish goals for the transition of Phase
III technologies in subcontracting plans; and
``(B) require a prime contractor on such a contract
to report the number and dollar amount of contracts
entered into by that prime contractor for Phase III
SBIR or STTR projects.
``(6) Goal for sbir and sttr technology insertion.--The
Secretary of Defense shall--
``(A) set a goal to increase the number of Phase II
SBIR contracts and the number of Phase II STTR
contracts awarded by that Secretary that lead to
technology transition into programs of record or
fielded systems;
``(B) use incentives in effect on the date of
enactment of the SBIR/STTR Reauthorization Act of 2009,
or create new incentives, to encourage agency program
managers and prime contractors to meet the goal under
subparagraph (A); and
``(C) include in the annual report to Congress the
percentage of contracts described in subparagraph (A)
awarded by that Secretary, and information on the
ongoing status of projects funded through the
Commercialization Program and efforts to transition
these technologies into programs of record or fielded
systems.''.
SEC. 205. COMMERCIALIZATION PILOT PROGRAM FOR CIVILIAN AGENCIES.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is amended by adding at the end the following:
``(ee) Pilot Program.--
``(1) Authorization.--The head of each covered Federal
agency may set aside not more than 10 percent of the SBIR and
STTR funds of such agency for further technology development,
testing, and evaluation of SBIR and STTR Phase II technologies.
``(2) Application by federal agency.--
``(A) In general.--A covered Federal agency may not
establish a pilot program unless such agency makes a
written application to the Administrator, not later
than 90 days before to the first day of the fiscal year
in which the pilot program is to be established, that
describes a compelling reason that additional
investment in SBIR or STTR technologies is necessary,
including unusually high regulatory, systems
integration, or other costs relating to development or
manufacturing of identifiable, highly promising small
business technologies or a class of such technologies
expected to substantially advance the mission of the
agency.
``(B) Determination.--The Administrator shall--
``(i) make a determination regarding an
application submitted under subparagraph (A)
not later than 30 days before the first day of
the fiscal year for which the application is
submitted;
``(ii) publish the determination in the
Federal Register; and
``(iii) make a copy of the determination
and any related materials available to the
Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives.
``(3) Maximum amount of award.--The head of a Federal
agency may not make an award under a pilot program in excess of
3 times the dollar amounts generally established for Phase II
awards under subsection (j)(2)(D) or (p)(2)(B)(ix).
``(4) Matching.--The head of a Federal agency may not make
an award under a pilot program for SBIR or STTR Phase II
technology that will be acquired by the Federal Government
unless new private, Federal non-SBIR, or Federal non-STTR
funding that at least matches the award from the Federal agency
is provided for the SBIR or STTR Phase II technology.
``(5) Eligibility for award.--The head of a Federal agency
may make an award under a pilot program to any applicant that
is eligible to receive a Phase III award related to technology
developed in Phase II of an SBIR or STTR project.
``(6) Registration.--Any applicant that receives an award
under a pilot program shall register with the Administrator in
a registry that is available to the public.
``(7) Termination.--The authority to establish a pilot
program under this section expires at the end of fiscal year
2014.
``(8) Definitions.--In this section--
``(A) the term `covered Federal agency'--
``(i) means a Federal agency participating
in the SBIR program or the STTR program; and
``(ii) does not include the Department of
Defense; and
``(B) the term `pilot program' means the program
established under paragraph (1).''.
SEC. 206. NANOTECHNOLOGY INITIATIVE.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this Act, is amended by adding at the end the
following:
``(ff) Nanotechnology Initiative.--Each Federal agency
participating in the SBIR or STTR program shall encourage the
submission of applications for support of nanotechnology related
projects to such program.''.
(b) Sunset.--Effective October 1, 2014, subsection (ff) of the
Small Business Act, as added by subsection (a) of this section, is
repealed.
SEC. 207. ACCELERATING CURES.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 44 as section 45; and
(2) by inserting after section 43 the following:
``SEC. 44. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.
``(a) NIH Cures Pilot.--
``(1) Establishment.--An independent advisory board shall
be established at the National Academy of Sciences (in this
section referred to as the `advisory board') to conduct
periodic evaluations of the SBIR program (as that term is
defined in section 9) of each of the National Institutes of
Health (referred to in this section as the `NIH') institutes
and centers for the purpose of improving the management of the
SBIR program through data-driven assessment.
``(2) Membership.--
``(A) In general.--The advisory board shall consist
of--
``(i) the Director of the NIH;
``(ii) the Director of the SBIR program of
the NIH;
``(iii) senior NIH agency managers,
selected by the Director of NIH;
``(iv) industry experts, selected by the
Council of the National Academy of Sciences in
consultation with the Associate Administrator
for Technology of the Administration and the
Director of the Office of Science and
Technology Policy; and
``(v) owners or operators of small business
concerns that have received an award under the
SBIR program of the NIH, selected by the
Associate Administrator for Technology of the
Administration.
``(B) Number of members.--The total number of
members selected under clauses (iii), (iv), and (v) of
subparagraph (A) shall not exceed 10.
``(C) Equal representation.--The total number of
members of the advisory board selected under clauses
(i), (ii), (iii), and (iv) of subparagraph (A) shall be
equal to the number of members of the advisory board
selected under subparagraph (A)(v).
``(b) Addressing Data Gaps.--In order to enhance the evidence-base
guiding SBIR program decisions and changes, the Director of the SBIR
program of the NIH shall address the gaps and deficiencies in the data
collection concerns identified in the 2007 report of the National
Academies of Science entitled `An Assessment of the Small Business
Innovation Research Program at the NIH'.
``(c) Pilot Program.--
``(1) In general.--The Director of the SBIR program of the
NIH may initiate a pilot program, under a formal mechanism for
designing, implementing, and evaluating pilot programs, to spur
innovation and to test new strategies that may enhance the
development of cures and therapies.
``(2) Considerations.--The Director of the SBIR program of
the NIH may consider conducting a pilot program to include
individuals with successful SBIR program experience in study
sections, hiring individuals with small business development
experience for staff positions, separating the commercial and
scientific review processes, and examining the impact of the
trend toward larger awards on the overall program.
``(d) Report to Congress.--The Director of the NIH shall submit an
annual report to Congress and the advisory board on the activities of
the SBIR program of the NIH under this section.
``(e) SBIR Grants and Contracts.--
``(1) In general.--In awarding grants and contracts under
the SBIR program of the NIH each SBIR program manager shall
place an emphasis on applications that identify products and
services that may enhance the development of cures and
therapies.
``(2) Examination of commercialization and other metrics.--
The advisory board shall evaluate the implementation of the
requirement under paragraph (1) by examining increased
commercialization and other metrics, to be determined and
collected by the SBIR program of the NIH.
``(3) Phase i and ii.--To the greatest extent practicable,
the Director of the SBIR program of the NIH shall reduce the
time period between Phase I and Phase II funding of grants and
contracts under the SBIR program of the NIH to 6 months.
``(f) Limit.--Not more than a total of 1 percent of the extramural
budget (as defined in section 9 of the Small Business Act (15 U.S.C.
638)) of the NIH for research or research and development may be used
for the pilot program under subsection (c) and to carry out subsection
(e).
``(g) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of enactment of the SBIR/STTR
Reauthorization Act of 2009.''.
TITLE III--OVERSIGHT AND EVALUATION
SEC. 301. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b)), as
amended by section 102 of this Act, is amended--
(1) in paragraph (7)--
(A) by striking ``STTR programs, including the
data'' and inserting the following: ``STTR programs,
including--
``(A) the data'';
(B) by striking ``(g)(10), (o)(9), and (o)(15), the
number'' and all that follows through ``under each of
the SBIR and STTR programs, and a description'' and
inserting the following: ``(g)(8) and (o)(9); and
``(B) the number of proposals received from, and
the number and total amount of awards to, HUBZone small
business concerns and firms with venture capital
investment (including those majority owned and
controlled by multiple venture capital firms) under
each of the SBIR and STTR programs;
``(C) a description of the extent to which each
Federal agency is increasing outreach and awards to
firms owned and controlled by women and social or
economically disadvantaged individuals under each of
the SBIR and STTR programs;
``(D) general information about the implementation
and compliance with the allocation of funds required
under subsection (cc) for firms majority owned and
controlled by multiple venture capital firms under each
of the SBIR and STTR programs;
``(E) a detailed description of appeals of Phase
III awards and notices of noncompliance with the SBIR
and the STTR Policy Directives filed by the
Administrator with Federal agencies; and
``(F) a description''; and
(2) by inserting after paragraph (7) the following:
``(8) to coordinate the implementation of electronic
databases at each of the Federal agencies participating in the
SBIR program or the STTR program, including the technical
ability of the participating agencies to electronically share
data;''.
SEC. 302. DATA COLLECTION FROM AGENCIES FOR SBIR.
Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) is
amended--
(1) by striking paragraph (10);
(2) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively;
(3) by inserting after paragraph (7) the following:
``(8) collect annually, and maintain in a common format in
accordance with the simplified reporting requirements under
subsection (v), such information from awardees as is necessary
to assess the SBIR program, including information necessary to
maintain the database described in subsection (k), including--
``(A) whether an awardee--
``(i) has venture capital or is majority
owned and controlled by multiple venture
capital firms, and, if so--
``(I) the amount of venture capital
that the awardee has received as of the
date of the award; and
``(II) the amount of additional
capital that the awardee has invested
in the SBIR technology;
``(ii) has an investor that--
``(I) is an individual who is not a
citizen of the United States or a
lawful permanent resident of the United
States, and if so, the name of any such
individual; or
``(II) is a person that is not an
individual and is not organized under
the laws of a State or the United
States, and if so the name of any such
person;
``(iii) is owned by a woman or has a woman
as a principal investigator;
``(iv) is owned by a socially or
economically disadvantaged individual or has a
socially or economically disadvantaged
individual as a principal investigator;
``(v) received assistance under the FAST
program under section 34 or the outreach
program under subsection (s);
``(vi) is a faculty member or a student of
an institution of higher education, as that
term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); or
``(vii) is located in a State described in
subsection (u)(3); and
``(B) a justification statement from the agency, if
an awardee receives an award in an amount that is more
than the award guidelines under this section;''; and
(4) in paragraph (10), as so redesignated, by adding
``and'' at the end.
SEC. 303. DATA COLLECTION FROM AGENCIES FOR STTR.
Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) is
amended--
(1) by striking paragraph (9) and inserting the following:
``(9) collect annually, and maintain in a common format in
accordance with the simplified reporting requirements under
subsection (v), such information from applicants and awardees
as is necessary to assess the STTR program outputs and
outcomes, including information necessary to maintain the
database described in subsection (k), including--
``(A) whether an applicant or awardee--
``(i) has venture capital or is majority
owned and controlled by multiple venture
capital firms, and, if so--
``(I) the amount of venture capital
that the applicant or awardee has
received as of the date of the
application or award, as applicable;
and
``(II) the amount of additional
capital that the applicant or awardee
has invested in the SBIR technology;
``(ii) has an investor that--
``(I) is an individual who is not a
citizen of the United States or a
lawful permanent resident of the United
States, and if so, the name of any such
individual; or
``(II) is a person that is not an
individual and is not organized under
the laws of a State or the United
States, and if so the name of any such
person;
``(iii) is owned by a woman or has a woman
as a principal investigator;
``(iv) is owned by a socially or
economically disadvantaged individual or has a
socially or economically disadvantaged
individual as a principal investigator;
``(v) received assistance under the FAST
program under section 34 or the outreach
program under subsection (s);
``(vi) is a faculty member or a student of
an institution of higher education, as that
term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); or
``(vii) is located in a State in which the
total value of contracts awarded to small
business concerns under all STTR programs is
less than the total value of contracts awarded
to small business concerns in a majority of
other States, as determined by the
Administrator in biennial fiscal years,
beginning with fiscal year 2008, based on the
most recent statistics compiled by the
Administrator; and
``(B) if an awardee receives an award in an amount
that is more than the award guidelines under this
section, a statement from the agency that justifies the
award amount;'';
(2) in paragraph (14), by adding ``and'' at the end;
(3) by striking paragraph (15); and
(4) by redesignating paragraph (16) as paragraph (15).
SEC. 304. PUBLIC DATABASE.
Section 9(k)(1) of the Small Business Act (15 U.S.C. 638(k)(1)) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) for each small business concern that has
received a Phase I or Phase II SBIR or STTR award from
a Federal agency, whether the small business concern--
``(i) has venture capital and, if so,
whether the small business concern is
registered as majority owned and controlled by
multiple venture capital companies as required
under subsection (cc)(3);
``(ii) is owned by a woman or has a woman
as a principal investigator;
``(iii) is owned by a socially or
economically disadvantaged individual or has a
socially or economically disadvantaged
individual as a principal investigator;
``(iv) received assistance under the FAST
program under section 34 or the outreach
program under subsection (s); or
``(v) is owned by a faculty member or a
student of an institution of higher education,
as that term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001).''.
SEC. 305. GOVERNMENT DATABASE.
Section 9(k)(2) of the Small Business Act (15 U.S.C. 638(k)(2)) is
amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(2) by inserting after subparagraph (B) the following:
``(C) includes, for each awardee--
``(i) the name, size, location, and any
identifying number assigned to the awardee by
the Administrator;
``(ii) whether the awardee has venture
capital, and, if so--
``(I) the amount of venture capital
as of the date of the award;
``(II) the percentage of ownership
of the awardee held by a venture
capital firm, including whether the
awardee is majority owned and
controlled by multiple venture capital
firms; and
``(III) the amount of additional
capital that the awardee has invested
in the SBIR technology, which
information shall be collected on an
annual basis;
``(iii) the names and locations of any
affiliates of the awardee;
``(iv) the number of employees of the
awardee;
``(v) the number of employees of the
affiliates of the awardee; and
``(vi) the names of, and the percentage of
ownership of the awardee held by--
``(I) any individual who is not a
citizen of the United States or a
lawful permanent resident of the United
States; or
``(II) any person that is not an
individual and is not organized under
the laws of a State or the United
States;''; and
(3) in subparagraph (D), as so redesignated--
(A) in clause (ii), by striking ``and'' at the end;
and
(B) by adding at the end, the following:
``(iv) whether the applicant was majority
owned and controlled by multiple venture
capital firms; and
``(v) the number of employees of the
applicant;''.
SEC. 306. ACCURACY IN FUNDING BASE CALCULATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every 3 years thereafter, the Comptroller General of
the United States shall--
(1) conduct a fiscal and management audit of the SBIR
program and the STTR program for the applicable period to--
(A) determine whether Federal agencies comply with
the expenditure amount requirements under subsections
(f)(1) and (n)(1) of section 9 of the Small Business
Act (15 U.S.C. 638), as amended by this Act;
(B) assess the extent of compliance with the
requirements of section 9(i)(2) of the Small Business
Act (15 U.S.C. 638(i)(2)) by Federal agencies
participating in the SBIR program or the STTR program
and the Administration;
(C) assess whether it would be more consistent and
effective to base the amount of the allocations under
the SBIR program and the STTR program on a percentage
of the research and development budget of a Federal
agency, rather than the extramural budget of the
Federal agency; and
(D) determine the portion of the extramural
research or research and development budget of a
Federal agency that each Federal agency spends for
administrative purposes relating to the SBIR program or
STTR program, and for what specific purposes, including
the portion, if any, of such budget the Federal agency
spends for salaries and expenses, travel to visit
applicants, outreach events, marketing, and technical
assistance; and
(2) submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the audit
conducted under paragraph (1), including the assessments
required under subparagraphs (B) and (C), and the determination
made under subparagraph (D) of paragraph (1).
(b) Definition of Applicable Period.--In this section, the term
``applicable period'' means--
(1) for the first report submitted under this section, the
period beginning on October 1, 2000, and ending on September 30
of the last full fiscal year before the date of enactment of
this Act for which information is available; and
(2) for the second and each subsequent report submitted
under this section, the period--
(A) beginning on October 1 of the first fiscal year
after the end of the most recent full fiscal year
relating to which a report under this section was
submitted; and
(B) ending on September 30 of the last full fiscal
year before the date of the report.
SEC. 307. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF SCIENCES.
Section 108 of the Small Business Reauthorization Act of 2000 (15
U.S.C. 638 note) is amended by adding at the end the following:
``(e) Extensions and Enhancements of Authority.--
``(1) In general.--Not later than 6 months after the date
of enactment of the SBIR/STTR Reauthorization Act of 2009, the
head of each agency described in subsection (a), in
consultation with the Small Business Administration, shall
cooperatively enter into an agreement with the National Academy
of Sciences for the National Research Council to conduct a
study described in subsection (a)(1) and make recommendations
described in subsection (a)(2) not later than 4 years after the
date of enactment of the SBIR/STTR Reauthorization Act of 2009,
and every 4 years thereafter.
``(2) Reporting.--An agreement under paragraph (1) shall
require that not later than 4 years after the date of enactment
of the SBIR/STTR Reauthorization Act of 2009, and every 4 years
thereafter, the National Research Council shall submit to the
head of the agency entering into the agreement, the Committee
on Small Business and Entrepreneurship of the Senate, and the
Committee on Small Business of the House of Representatives a
report regarding the study conducted under paragraph (1) and
containing the recommendations described in paragraph (1).''.
SEC. 308. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is amended by adding at the end the following:
``(gg) Phase III Reporting.--The annual SBIR or STTR report to
Congress by the Administration under subsection (b)(7) shall include,
for each Phase III award made by the Federal agency--
``(1) the name of the agency or component of the agency or
the non-Federal source of capital making the Phase III award;
``(2) the name of the small business concern or individual
receiving the Phase III award; and
``(3) the dollar amount of the Phase III award.''.
SEC. 309. INTELLECTUAL PROPERTY PROTECTIONS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the SBIR program to assess whether--
(1) Federal agencies comply with the data rights
protections for SBIR awardees and the technologies of SBIR
awardees under section 9 of the Small Business Act (15 U.S.C.
638);
(2) the laws and policy directives intended to clarify the
scope of data rights, including in prototypes and mentor-
protege relationships and agreements with Federal laboratories,
are sufficient to protect SBIR awardees; and
(3) there is an effective grievance tracking process for
SBIR awardees who have grievances against a Federal agency
regarding data rights and a process for resolving those
grievances.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report regarding the
study conducted under subsection (a).
TITLE IV--POLICY DIRECTIVES
SEC. 401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR POLICY
DIRECTIVES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate amendments to
the SBIR Policy Directive and the STTR Policy Directive to conform such
directives to this Act and the amendments made by this Act.
(b) Publishing SBIR Policy Directive and the STTR Policy Directive
in the Federal Register.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall publish the amended SBIR
Policy Directive and the amended STTR Policy Directive in the Federal
Register.
SEC. 402. PRIORITIES FOR CERTAIN RESEARCH INITIATIVES.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this Act, is amended by adding at the end the
following:
``(hh) Research Initiatives.--To the extent that such projects
relate to the mission of the Federal agency, each Federal agency
participating in the SBIR program or STTR program shall encourage the
submission of applications for support of projects relating to
security, energy, transportation, or improving the security and quality
of the water supply of the United States to such program.''.
(b) Sunset.--Effective October 1, 2014, section 9(hh) of the Small
Business Act, as added by subsection (a) of this section, is repealed.
SEC. 403. REPORT ON SBIR AND STTR PROGRAM GOALS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is amended by adding at the end the following:
``(ii) Annual Report on SBIR and STTR Program Goals.--
``(1) Development of metrics.--The head of each Federal
agency required to participate in the SBIR program or the STTR
program shall develop metrics to evaluate the effectiveness,
and the benefit to the people of the United States, of the SBIR
program and the STTR program of the Federal agency that--
``(A) are science-based and statistically driven;
``(B) reflect the mission of the Federal agency;
and
``(C) include factors relating to the economic
impact of the programs.
``(2) Evaluation.--The head of each Federal agency
described in paragraph (1) shall conduct an annual evaluation
using the metrics developed under paragraph (1) of--
``(A) the SBIR program and the STTR program of the
Federal agency; and
``(B) the benefits to the people of the United
States of the SBIR program and the STTR program of the
Federal agency.
``(3) Report.--
``(A) In general.--The head of each Federal agency
described in paragraph (1) shall submit to the
appropriate committees of Congress and the
Administrator an annual report describing in detail the
results of an evaluation conducted under paragraph (2).
``(B) Public availability of report.--The head of
each Federal agency described in paragraph (1) shall
make each report submitted under subparagraph (A)
available to the public online.
``(C) Definition.--In this paragraph, the term
`appropriate committees of Congress' means--
``(i) the Committee on Small Business and
Entrepreneurship of the Senate; and
``(ii) the Committee on Small Business and
the Committee on Science and Technology of the
House of Representatives.''.
SEC. 404. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR PROGRAMS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is amended by adding at the end the following:
``(jj) Competitive Selection Procedures for SBIR and STTR
Programs.--All funds awarded, appropriated, or otherwise made available
in accordance with subsection (f) or (n) must be awarded pursuant to
competitive and merit-based selection procedures.''.
Attest:
Secretary.
111th CONGRESS
1st Session
H.R. 2965
_______________________________________________________________________
AMENDMENT