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