Home > 106th Congressional Bills > H.R. 2392 (eh) To amend the Small Business Act to extend the authorization for the Small Business Innovation Research Program, and for other purposes. [Engrossed in House] ...

H.R. 2392 (eh) To amend the Small Business Act to extend the authorization for the Small Business Innovation Research Program, and for other purposes. [Engrossed in House] ...


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                  In the Senate of the United States,

                                                         July 19, 2000.
    Resolved, That the bill from the House of Representatives (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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Small Business 
Innovation Research Program Reauthorization Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Extension of SBIR program.
Sec. 4. Annual report.
Sec. 5. Third phase assistance.
Sec. 6. Policy directive modifications.
Sec. 7. Report on programs for annual performance plan.
Sec. 8. Output and outcome data.
Sec. 9. National Research Council reports.
Sec. 10. Federal agency expenditures for the SBIR program.
Sec. 11. Federal and State Technology Partnership Program.
Sec. 12. Mentoring Networks.
Sec. 13. Simplified reporting requirements.
Sec. 14. Rural outreach program extension.

SEC. 2. 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 this 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. 3. 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. 4. 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. 5. 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. 6. POLICY DIRECTIVE MODIFICATIONS.

    Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is 
amended by adding at the end the following:
            ``(3) Additional modifications.--Not later than 120 days 
        after the date of enactment of the Small Business Innovation 
        Research Program Reauthorization Act of 2000, the Administrator 
        shall modify the policy directives issued pursuant to this 
        subsection--
                    ``(A) to clarify that the rights provided for under 
                paragraph (2)(A) apply to all Federal funding awards 
                under this section, including the first phase (as 
                described in subsection (e)(4)(A)), the second phase 
                (as described in subsection (e)(4)(B)), and the third 
                phase (as described in subsection (e)(4)(C));
                    ``(B) to provide for the requirement of a succinct 
                commercialization plan with each application for a 
                second phase award that is moving toward 
                commercialization;
                    ``(C) to require agencies to report to the 
                Administration, not less frequently than annually, all 
                instances in which an agency pursued research, 
                development, or production of a technology developed by 
                a small business concern using an award made under the 
                SBIR program of that agency, and determined that it was 
                not practicable to enter into a follow-on non-SBIR 
                program funding agreement with the small business 
                concern, which report shall include, at a minimum--
                            ``(i) the reasons why the follow-on funding 
                        agreement with the small business concern was 
                        not practicable;
                            ``(ii) the identity of the entity with 
                        which the agency contracted to perform the 
                        research, development, or production; and
                            ``(iii) a description of the type of 
                        funding agreement under which the research, 
                        development, or production was obtained; and
                    ``(D) to implement subsection (v), including 
                establishing standardized procedures for the provision 
                of information pursuant to subsection (k)(3).''.

SEC. 7. 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. 8. OUTPUT AND OUTCOME DATA.

    (a) Collection.--Section 9(g) of the Small Business Act (15 U.S.C. 
638(g)), as amended by section 7 of this Act, is 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 4 of this Act, is 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 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 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. 9. 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 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 
                conducted by small businesses participating under the 
                program, including a comparison of the value of 
                projects conducted under the SBIR program to those 
                funded by other Federal research and development 
                expenditures;
                    (B) to the extent practicable, an evaluation of the 
                economic benefits achieved by the SBIR program, 
                including the economic rate of return, and a comparison 
                of the economic benefits, including the economic rate 
                of return, achieved by the SBIR program with the 
                economic benefits, including the economic rate of 
                return, of other Federal research and development 

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