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S. 1233 (111th): SBIR/STTR Reauthorization Act of 2009
- Introduced:
- Jun 10, 2009 (111th Congress, 2009–2010)
- Sponsor:
- Sen. Mary Landrieu [D-LA]
- Status:
- Died (Reported by Committee)
- See Instead:
- This bill was re-introduced as S. 493 (112th) on Mar 04, 2011.
The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.
Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
7/2/2009.
Title
I
-
Reauthorization of the SBIR and STTR Programs
Section
101
-
Amends the Small Business Act (the Act) to reauthorize through FY2023 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs of the Small Business Administration (SBA).
Section
102
-
Directs the SBA to maintain an Office of Technology to carry out oversight, reporting, and public database responsibilities as assigned by the SBA Administrator.
Section
103
-
Increases by 0.1% per year, from FY2011-FY2020, the percentage of participating federal agencies' extramural research budget to be set aside for SBIR program activities.
Requires the Department of Defense (DOD) and Department of Energy (DOE) to use the increased amounts for activities in their departments that further the readiness levels of technologies developed under Phase II SBIR awards.
Sec. 104) Increases the set-aside allocation under the STTR from 0.3% to 0.6% by increasing such percentage by 0.1% every two years from FY2011-FY2015.
Section
105
-
Increases, for both the SBIR and STTR programs, the individual small business award levels from:
(1) $100,000 to $150,000, for participation at the Phase I level; and
(2) $750,000 to $1 million, for participation at the Phase II level.
Changes from every five to every three years the required SBA inflation adjustment of such awards.
Prohibits an agency from issuing an SBIR or STTR award if the award size exceeds established guidelines by more than 50%, and requires participating agencies to maintain specified information on awards exceeding such guidelines.
Section
106
-
Allows a small business that receives an: (1) SBIR award from one agency to receive an award for a subsequent phase from another agency, as long as the head of each agency determines that the topics of the relevant awards are the same; and (2) award under either the SBIR or STTR program to receive an award for a subsequent phase under either program.
Section
107
-
Requires federal agencies to conduct solicitations of Phase II SBIR and STTR proposals without any invitation, pre-screening, pre-selection, or down-selection process between the first and second phases.
Section
108
-
Authorizes the Director of the National Institutes of Health (NIH), 30 days after notifying the Administrator and the congressional small business committees, to award up to 18% of NIH SBIR funds to small businesses majority-owned by multiple venture capital companies.
Permits other federal agencies to award up to 8% of their SBIR funds to such small businesses.
Directs the Administrator to establish requirements relating to the affiliation of small businesses with venture capital companies for such purposes, and requires such small businesses to register with the SBA. Provides for federal agency compliance with such percentage limits.
Directs the Administrator to post on the SBA website information on SBIR program affiliation standards.
Section
109
-
Requires federal agencies and federal prime contractors, to the greatest extent practicable, to issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.
Section
110
-
Authorizes the head of each participating federal agency to issue SBIR and STTR awards to small businesses that have entered, or intend to enter, into a collaborative research and development (R&D) agreement with a federal laboratory or federally funded research and development center.
Prohibits a federal agency from:
(1) conditioning an award upon entering into such an agreement;
(2) approving an agreement if the small business performs a lesser portion of the R&D activities than required by the Act and by SBIR and STTR Policy Directives; or
(3) approving an agreement that violates any SBA provision or such Directives. Requires the Administrator to modify such Directives to ensure that small businesses may use the resources of federal laboratories or federally funded research and development centers without entering into such agreements.
Section
111
-
Requires any federal agency involved in a judicial or administrative case or controversy concerning the SBIR or STTR program to provide timely notice thereof to the Administrator.
Title
II
-
Outreach and Commercialization Initiatives
Section
201
-
Reauthorizes through FY2014 the Federal and State Technology Partnership (FAST) and Rural Outreach programs. Increases the annual authorization for the latter program. Provides reduced matching funds requirements for FAST recipients in rural areas, recipients in one of the states receiving the fewest SBIR Phase I awards, and recipients in rural areas which are also in one of states receiving the fewest number of awards.
Section
202
-
Directs the Administrator to establish a SBIR-STEM (science, technology, engineering, and mathematics) workforce development grant pilot program to encourage the business community to provide workforce development opportunities for college students in such fields by providing an SBIR grant to be used for internships. Requires the Administrator to report to Congress on pilot program results. Authorizes appropriations.
Section
203
-
Increases the discretionary technical assistance that SBIR and STTR agencies can provide to awardees (by contracting out) from $4,000 to $5,000 for Phase I awards, and from $4,000 to $5,000 per year for Phase II awards. Allows awardees to use such amounts to select their own technical assistance contractor in lieu of the vendor selected by the agency.
Section
204
-
Makes permanent DOD's Commercialization Pilot Program (CPP), and extends such program to the STTR program.
(Currently, the Commercialization Pilot Program is only authorized to be utilized under the SBIR program.) Authorizes the Secretary of Defense to establish goals for transitioning Phase III technologies in subcontracting plans for contracts of $100 million or more.
Requires the Secretary to:
(1) set a goal of increasing the number of Phase II contracts that lead to technology transition into DOD programs of record or fielded systems;
(2) use incentives to encourage DOD agency program managers and prime contractors to meet such goal; and
(3) include within annual congressional reporting requirements information on the status of projects funded through the CPP.
Section
205
-
Authorizes the head of each federal agency other than DOD to set aside up to 10% of SBIR and STTR funds for further technology development, testing, and evaluation of SBIR and STTR Phase II technologies.
Prohibits a federal agency from establishing a pilot program for such purposes until 90 days after submitting to the Administrator a compelling reason that additional investment in SBIR or STTR technology is necessary.
Allows qualifying agencies to make an award for such a pilot program of up to three times the amount generally established for Phase II awards.
Provides a matching funds requirement.
Requires any applicant receiving an award under such a pilot program to register with the SBA in a publicly-available registry.
Terminates at the end of FY2014 the authority to establish such a pilot program.
Section
206
-
Requires each federal SBIR/STTR participant to encourage the submission of applications for support of nanotechnology-related projects.
Section
207
-
Establishes an advisory board at the National Academy of Sciences (NAS) to conduct periodic SBIR program evaluations in order to improve program management through data-driven assessment.
Requires the director of the NIH SBIR program to address gaps and deficiencies in data collection identified in a NAS report assessing the NIH's SBIR program.
Authorizes such director to initiate a pilot program to spur innovation and test new strategies that may enhance the development of cures and therapies.
Requires such director to report annually to Congress and the advisory board on NIH SBIR activities.
Requires such director, to the greatest extent practicable, to reduce to six months the period between Phase I and II funding of grants under the NIH SBIR program.
Terminates the requirements of this section five years after the enactment of this Act.
Title
III
-
Oversight and Evaluation
Section
301
-
Directs the SBA, in currently-required annual reports, to include information on:
(1) proposals received from small businesses with venture capital investment;
(2) efforts to increase outreach to small businesses owned and controlled by women and socially or economically disadvantaged individuals;
(3) implementation and compliance with requirements concerning the allocation of funding to small businesses owned and controlled by multiple venture capital companies; and
(4) appeals of Phase III awards, as well as notices of noncompliance with SBIR and STTR Policy Directives. Directs the SBA to coordinate the implementation of electronic databases at participating federal agencies.
Section
302
-
Requires agencies with an SBIR or STTR program to annually collect information similar to that outlined above for program assessment purposes.
Section
304
-
Requires specified information to be included in public and government databases maintained by the SBA concerning SBIR and STTR awardees.
Section
306
-
Directs the Comptroller General (CG), every three years, to: (1) conduct a fiscal and management audit of the SBIR and STTR programs; and (2) report audit results to the small business committees.
Section
307
-
Amends the Small Business Reauthorization Act of 2000 to continue NAS evaluation of the SBIR program, as well as reports on such evaluation from the National Research Council to participating agency heads and the small business committees. Requires updates every four years.
Section
308
-
Requires the SBA to include in an annual report to Congress specified information on Phase III awards issued by federal agencies participating in the SBIR and STTR programs.
Section
309
-
Directs the CG to conduct a study of, and report to the small business committees on, federal agency compliance with data rights and technologies protection for SBIR awardees.
Title
IV
-
Policy Directives
Section
401
-
Requires the Administrator: (1) within 180 days after the enactment of this Act, to promulgate amendments to the SBIR and STTR Policy Directives to conform them to this Act and its amendments; and (2) publish the amended Directives in the Federal Register.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
No summary available.
House Democratic Caucus Summary
The House Democratic Caucus does not provide summaries of bills.
So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.
We’ll be looking for a source of summaries from the other side in the meanwhile.
The bill contains the following citations to other parts of U.S. law:
Slip Laws
Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.
- Public Law 109-163
United States Code
The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)
- Title 15: COMMERCE AND TRADE
- Chapter 14A: AID TO SMALL BUSINESS
- Section 631: Declaration of policy
- Section 632: Definitions
- Section 638: Research and development
- Section 657d: Federal and State Technology Partnership Program
- Chapter 63: TECHNOLOGY INNOVATION
- Section 3710a: Cooperative research and development agreements
- Title 20: EDUCATION
- Chapter 28: HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
- Subchapter I: GENERAL PROVISIONS
- Part A: Definitions
- Section 1001: General definition of institution of higher education
Statutes at Large
The United States Statutes at Large is the compilation of all laws enacted by Congress.
- 119 Stat. 3136