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H.R. 2392 (eas) [Engrossed Amendment Senate] ...


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106th CONGRESS

  2d Session

                               H.R. 2392

_______________________________________________________________________

                               AMENDMENT

                                   TO

                            SENATE AMENDMENT
                In the House of Representatives, U. S.,

                                                    September 25, 2000.

    Resolved, That the House agree to the amendment of the Senate to the bill 
(H.R. 2392) entitled ``An Act to amend the Small Business Act to extend the 
authorization for the Small Business Innovation Research Program, and for other 
purposes'', with the following

                               AMENDMENT:

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

          TITLE I--SMALL BUSINESS INNOVATION RESEARCH PROGRAM

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Extension of SBIR program.
Sec. 104. Annual report.
Sec. 105. Third phase assistance.
Sec. 106. Report on programs for annual performance plan.
Sec. 107. Output and outcome data.
Sec. 108. National Research Council reports.
Sec. 109. Federal agency expenditures for the SBIR program.
Sec. 110. Policy directive modifications.
Sec. 111. Federal and State technology partnership program.
Sec. 112. Mentoring networks.
Sec. 113. Simplified reporting requirements.
Sec. 114. Rural outreach program extension.

                TITLE II--GENERAL BUSINESS LOAN PROGRAM

Sec. 201. Short title.
Sec. 202. Levels of participation.
Sec. 203. Loan amounts.
Sec. 204. Interest on defaulted loans.
Sec. 205. Prepayment of loans.
Sec. 206. Guarantee fees.
Sec. 207. Lease terms.

            TITLE III--CERTIFIED DEVELOPMENT COMPANY PROGRAM

Sec. 301. Short title.
Sec. 302. Women-owned businesses.
Sec. 303. Maximum debenture size.
Sec. 304. Fees.
Sec. 305. Premier certified lenders program.
Sec. 306. Sale of certain defaulted loans.
Sec. 307. Loan liquidation.

   TITLE IV--CORRECTIONS TO THE SMALL BUSINESS INVESTMENT ACT OF 1958

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Investment in small business investment companies.
Sec. 404. Subsidy fees.
Sec. 405. Distributions.
Sec. 406. Conforming amendment.

          TITLE V--REAUTHORIZATION OF SMALL BUSINESS PROGRAMS

Sec. 501. Short title.
Sec. 502. Reauthorization of small business programs.
Sec. 503. Additional reauthorizations.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Loan application processing.
Sec. 602. Application of ownership requirements.
Sec. 603. Eligibility for HUBZone program.
Sec. 604. Subcontracting preference for veterans.
Sec. 605. Small business development center program funding.
Sec. 606. Surety bonds.

          TITLE I--SMALL BUSINESS INNOVATION RESEARCH PROGRAM

SEC. 101. SHORT TITLE.

    (a) Short Title.--This title may be cited as the ``Small Business 
Innovation Research Program Reauthorization Act of 2000''.

SEC. 102. FINDINGS.

    Congress finds that--
            (1) the small business innovation research program 
        established under the Small Business Innovation Development Act 
        of 1982, and reauthorized by the Small Business Research and 
        Development Enhancement Act of 1992 (in this Act referred to as 
        the ``SBIR program'') is highly successful in involving small 
        businesses in federally funded research and development;
            (2) the SBIR program made the cost-effective and unique 
        research and development capabilities possessed by the small 
        businesses of the Nation available to Federal agencies and 
        departments;
            (3) the innovative goods and services developed by small 
        businesses that participated in the SBIR program have produced 
        innovations of critical importance in a wide variety of high-
        technology fields, including biology, medicine, education, and 
        defense;
            (4) the SBIR program is a catalyst in the promotion of 
        research and development, the commercialization of innovative 
        technology, the development of new products and services, and 
        the continued excellence of this Nation's high-technology 
        industries; and
            (5) the continuation of the SBIR program will provide 
        expanded opportunities for one of the Nation's vital resources, 
        its small businesses, will foster invention, research, and 
        technology, will create jobs, and will increase this Nation's 
        competitiveness in international markets.

SEC. 103. EXTENSION OF SBIR PROGRAM.

    Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is 
amended to read as follows:
    ``(m) Termination.--The authorization to carry out the Small 
Business Innovation Research Program established under this section 
shall terminate on September 30, 2008.''.

SEC. 104. ANNUAL REPORT.

    Section 9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is 
amended by striking ``and the Committee on Small Business of the House 
of Representatives'' and inserting ``, and to the Committee on Science 
and the Committee on Small Business of the House of Representatives,''.

SEC. 105. THIRD PHASE ASSISTANCE.

    Section 9(e)(4)(C)(i) of the Small Business Act (15 U.S.C. 
638(e)(4)(C)(i)) is amended by striking ``; and'' and inserting ``; 
or''.

SEC. 106. REPORT ON PROGRAMS FOR ANNUAL PERFORMANCE PLAN.

    Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) 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 a semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(9) include, as part of its annual performance plan as 
        required by subsections (a) and (b) of section 1115 of title 
        31, United States Code, a section on its SBIR program, and 
        shall submit such section to the Committee on Small Business of 
        the Senate, and the Committee on Science and the Committee on 
        Small Business of the House of Representatives; and''.

SEC. 107. OUTPUT AND OUTCOME DATA.

    (a) Collection.--Section 9(g) of the Small Business Act (15 U.S.C. 
638(g)), as amended by section 106 of this Act, is further amended by 
adding at the end the following new paragraph:
            ``(10) collect, and maintain in a common format in 
        accordance with 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).''.
    (b) Report to Congress.--Section 9(b)(7) of the Small Business Act 
(15 U.S.C. 638(b)(7)), as amended by section 104 of this Act, is 
further amended by inserting before the period at the end ``, including 
the data on output and outcomes collected pursuant to subsections 
(g)(10) and (o)(9), and a description of the extent to which Federal 
agencies are providing in a timely manner information needed to 
maintain the database described in subsection (k)''.
    (c) Database.--Section 9(k) of the Small Business Act (15 U.S.C. 
638(k)) is amended to read as follows:
    ``(k) Database.--
            ``(1) Public database.--Not later than 180 days after the 
        date of the enactment of the Small Business Innovation Research 
        Program Reauthorization Act of 2000, the Administrator shall 
        develop, maintain, and make available to the public a 
        searchable, up-to-date, electronic database that includes--
                    ``(A) the name, size, location, and an identifying 
                number assigned by the Administrator, of each small 
                business concern that has received a first phase or 
                second phase SBIR award from a Federal agency;
                    ``(B) a description of each first phase or second 
                phase SBIR award received by that small business 
                concern, including--
                            ``(i) an abstract of the project funded by 
                        the award, excluding any proprietary 
                        information so identified by the small business 
                        concern;
                            ``(ii) the Federal agency making the award; 
                        and
                            ``(iii) the date and amount of the award;
                    ``(C) an identification of any business concern or 
                subsidiary established for the commercial application 
                of a product or service for which an SBIR award is 
                made; and
                    ``(D) information regarding mentors and Mentoring 
                Networks, as required by section 35(d).
            ``(2) Government database.--Not later than 180 days after 
        the date of the enactment of the Small Business Innovation 
        Research Program Reauthorization Act of 2000, the 
        Administrator, in consultation with Federal agencies required 
        to have an SBIR program pursuant to subsection (f)(1), shall 
        develop and maintain a database to be used solely for SBIR 
        program evaluation that--
                    ``(A) contains for each second phase award made by 
                a Federal agency--
                            ``(i) information collected in accordance 
                        with paragraph (3) on revenue from the sale of 
                        new products or services resulting from the 
                        research conducted under the award;
                            ``(ii) information collected in accordance 
                        with paragraph (3) on additional investment 
                        from any source, other than first phase or 
                        second phase SBIR or STTR awards, to further 
                        the research and development conducted under 
                        the award; and
                            ``(iii) any other information received in 
                        connection with the award that the 
                        Administrator, in conjunction with the SBIR 
                        program managers of Federal agencies, considers 
                        relevant and appropriate;
                    ``(B) includes any narrative information that a 
                small business concern receiving a second phase award 
                voluntarily submits to further describe the outputs and 
                outcomes of its awards;
                    ``(C) includes for each applicant for a first phase 
                or second phase award that does not receive such an 
                award--
                            ``(i) the name, size, and location, and an 
                        identifying number assigned by the 
                        Administration;
                            ``(ii) an abstract of the project; and
                            ``(iii) the Federal agency to which the 
                        application was made;
                    ``(D) includes any other data collected by or 
                available to any Federal agency that such agency 
                considers may be useful for SBIR program evaluation; 
                and
                    ``(E) is available for use solely for program 
                evaluation purposes by the Federal Government or, in 
                accordance with policy directives issued by the 
                Administration, by other authorized persons who are 
                subject to a use and nondisclosure agreement with the 
                Federal Government covering the use of the database.
            ``(3) Updating information for database.--
                    ``(A) In general.--A small business concern 
                applying for a second phase award under this section 
                shall be required to update information in the database 
                established under this subsection for any prior second 
                phase award received by that small business concern. In 
                complying with this paragraph, a small business concern 
                may apportion sales or additional investment 
                information relating to more than one second phase 
                award among those awards, if it notes the apportionment 
                for each award.
                    ``(B) Annual updates upon termination.--A small 
                business concern receiving a second phase award under 
                this section shall--
                            ``(i) update information in the database 
                        concerning that award at the termination of the 
                        award period; and
                            ``(ii) be requested to voluntarily update 
                        such information annually thereafter for a 
                        period of 5 years.
            ``(4) Protection of information.--Information provided 
        under paragraph (2) shall be considered privileged and 
        confidential and not subject to disclosure pursuant to section 
        552 of title 5, United States Code.
            ``(5) Rule of construction.--Inclusion of information in 
        the database under this subsection shall not be considered to 
        be publication for purposes of subsection (a) or (b) of section 
        102 of title 35, United States Code.''.

SEC. 108. NATIONAL RESEARCH COUNCIL REPORTS.

    (a) Study and Recommendations.--The head of each agency with a 
budget of more than $50,000,000 for its SBIR program for fiscal year 
1999, in consultation with the Small Business Administration, shall, 
not later than 6 months after the date of the enactment of this Act, 
cooperatively enter into an agreement with the National Academy of 
Sciences for the National Research Council to--
            (1) conduct a comprehensive study of how the SBIR program 
        has stimulated technological innovation and used small 
        businesses to meet Federal research and development needs, 
        including--
                    (A) a review of the value to the Federal research 
                agencies of the research projects being conducted under 
                the SBIR program, and of the quality of research being 

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