Home > 106th Congressional Bills > H.R. 5668 (ih) To repeal provisions of Federal law requiring labeling on saccharin containing foods. [Introduced in House] ...H.R. 5668 (ih) To repeal provisions of Federal law requiring labeling on saccharin containing foods. [Introduced in House] ...
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
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
expenditures;
(C) an evaluation of the noneconomic benefits
achieved by the SBIR program over the life of the
program;
(D) a comparison of the allocation for fiscal year
2000 of Federal research and development funds to small
businesses with such allocation for fiscal year 1983,
and an analysis of the factors that have contributed to
such allocation; and
(E) an analysis of whether Federal agencies, in
fulfilling their procurement needs, are making
sufficient effort to use small businesses that have
completed a second phase award under the SBIR program;
and
(2) make recommendations with respect to--
(A) measures of outcomes for strategic plans
submitted under section 306 of title 5, United States
Code, and performance plans submitted under section
1115 of title 31, United States Code, of each Federal
agency participating in the SBIR program;
(B) whether companies who can demonstrate project
feasibility, but who have not received a first phase
award, should be eligible for second phase awards, and
the potential impact of such awards on the competitive
selection process of the program;
(C) whether the Federal Government should be
permitted to recoup some or all of its expenses if a
controlling interest in a company receiving an SBIR
award is sold to a foreign company or to a company that
is not a small business concern;
(D) how to increase the use by the Federal
Government in its programs and procurements of
technology-oriented small businesses; and
(E) improvements to the SBIR program, if any are
considered appropriate.
(b) Participation by Small Business.--
(1) In general.--In a manner consistent with law and with
National Research Council study guidelines and procedures,
knowledgeable individuals from the small business community
with experience in the SBIR program shall be included--
(A) in any panel established by the National
Research Council for the purpose of performing the
study conducted under this section; and
(B) among those who are asked by the National
Research Council to peer review the study.
(2) Consultation.--To ensure that the concerns of small
business are appropriately considered under this subsection,
the National Research Council shall consult with and consider
the views of the Office of Technology and the Office of
Advocacy of the Small Business Administration and other
interested parties, including entities, organizations, and
individuals actively engaged in enhancing or developing the
technological capabilities of small business concerns.
(c) Progress Reports.--The National Research Council shall provide
semiannual progress reports on the study conducted under this section
to the Committee on Science and the Committee on Small Business of the
House of Representatives, and to the Committee on Small Business of the
Senate.
(d) Report.--The National Research Council shall transmit to the
heads of agencies entering into an agreement under this section and to
the Committee on Science and the Committee on Small Business of the
House of Representatives, and to the Committee on Small Business of the
Senate--
(1) not later than 3 years after the date of the enactment
of this Act, a report including the results of the study
conducted under subsection (a)(1) and recommendations made
under subsection (a)(2); and
(2) not later than 6 years after that date of the
enactment, an update of such report.
SEC. 109. FEDERAL AGENCY EXPENDITURES FOR THE SBIR PROGRAM.
Section 9(i) of the Small Business Act (15 U.S.C. 638(i)) is
amended--
(1) by striking ``(i) Each Federal'' and inserting the
following:
``(i) Annual Reporting.--
``(1) In general.--Each Federal''; and
(2) by adding at the end the following:
``(2) Calculation of extramural budget.--
``(A) Methodology.--Not later than 4 months after
the date of the enactment of each appropriations Act
for a Federal agency required by this section to have
an SBIR program, the Federal agency shall submit to the
Administrator a report, which shall include a
description of the methodology used for calculating the
amount of the extramural budget of that Federal agency.
``(B) Administrator's analysis.--The Administrator
shall include an analysis of the methodology received
from each Federal agency referred to in subparagraph
(A) in the report required by subsection (b)(7).''.
SEC. 110. 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 the 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. 111. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.
(a) Findings.--Congress finds that--
(1) programs to foster economic development among small
high-technology firms vary widely among the States;
(2) States that do not aggressively support the development
of small high-technology firms, including participation by
small business concerns in the SBIR program, are at a
competitive disadvantage in establishing a business climate
that is conducive to technology development; and
(3) building stronger national, State, and local support
for science and technology research in these disadvantaged
States will expand economic opportunities in the United States,
create jobs, and increase the competitiveness of the United
States in the world market.
(b) Federal and State Technology Partnership Program.--The Small
Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 34 as section 36; and
(2) by inserting after section 33 the following:
``SEC. 34. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.
``(a) Definitions.--In this section and section 35, the following
definitions apply:
``(1) Applicant.--The term `applicant' means an entity,
organization, or individual that submits a proposal for an
award or a cooperative agreement under this section.
``(2) Business advice and counseling.--The term `business
advice and counseling' means providing advice and assistance on
matters described in section 35(c)(2)(B) to small business
concerns to guide them through the SBIR and STTR program
process, from application to award and successful completion of
each phase of the program.
``(3) FAST program.--The term `FAST program' means the
Federal and State Technology Partnership Program established
under this section.
``(4) Mentor.--The term `mentor' means an individual
described in section 35(c)(2).
``(5) Mentoring network.--The term `Mentoring Network'
means an association, organization, coalition, or other entity
(including an individual) that meets the requirements of
section 35(c).
``(6) Recipient.--The term `recipient' means a person that
receives an award or becomes party to a cooperative agreement
under this section.
``(7) SBIR program.--The term `SBIR program' has the same
meaning as in section 9(e)(4).
``(8) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
``(9) STTR program.--The term `STTR program' has the same
meaning as in section 9(e)(6).
``(b) Establishment of Program.--The Administrator shall establish
a program to be known as the Federal and State Technology Partnership
Program, the purpose of which shall be to strengthen the technological
competitiveness of small business concerns in the States.
``(c) Grants and Cooperative Agreements.--
``(1) Joint review.--In carrying out the FAST program under
this section, the Administrator and the SBIR program managers
at the National Science Foundation and the Department of
Defense shall jointly review proposals submitted by applicants
and may make awards or enter into cooperative agreements under
this section based on the factors for consideration set forth
in paragraph (2), in order to enhance or develop in a State--
``(A) technology research and development by small
business concerns;
``(B) technology transfer from university research
to technology-based small business concerns;
``(C) technology deployment and diffusion
benefiting small business concerns;
``(D) the technological capabilities of small
business concerns through the establishment or
operation of consortia comprised of entities,
organizations, or individuals, including--
``(i) State and local development agencies
and entities;
``(ii) representatives of technology-based
small business concerns;
``(iii) industries and emerging companies;
``(iv) universities; and
``(v) small business development centers;
and
``(E) outreach, financial support, and technical
assistance to technology-based small business concerns
participating in or interested in participating in an
SBIR program, including initiatives--
``(i) to make grants or loans to companies
to pay a portion or all of the cost of
developing SBIR proposals;
``(ii) to establish or operate a Mentoring
Network within the FAST program to provide
business advice and counseling that will assist
small business concerns that have been
identified by FAST program participants,
program managers of participating SBIR
agencies, the Administration, or other entities
that are knowledgeable about the SBIR and STTR
programs as good candidates for the SBIR and
STTR programs, and that would benefit from
mentoring, in accordance with section 35;
``(iii) to create or participate in a
training program for individuals providing SBIR
outreach and assistance at the State and local
levels; and
``(iv) to encourage the commercialization
of technology developed through SBIR program
funding.
``(2) Selection considerations.--In making awards or
entering into cooperative agreements under this section, the
Administrator and the SBIR program managers referred to in
paragraph (1)--
``(A) may only consider proposals by applicants
that intend to use a portion of the Federal assistance
provided under this section to provide outreach,
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