S AMDT 1233

S 1233 IS

To reauthorize and improve the SBIR and STTR programs, and for other purposes.

June 10, 2009

Ms. LANDRIEU (for herself and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

To reauthorize and improve the SBIR and STTR programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘SBIR/STTR Reauthorization Act of 2009’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS

Sec. 101. Extension of termination dates.

Sec. 102. Status of the Office of Technology.

Sec. 103. SBIR allocation increase.

Sec. 104. STTR allocation increase.

Sec. 105. SBIR and STTR award levels.

Sec. 106. Agency and program collaboration.

Sec. 107. Elimination of Phase II invitations.

Sec. 108. Majority-venture investments in SBIR firms.

Sec. 109. SBIR and STTR special acquisition preference.

Sec. 110. Collaborating with Federal laboratories and research and development centers.

Sec. 111. Notice requirement.

TITLE II--OUTREACH AND COMMERCIALIZATION INITIATIVES

Sec. 201. Rural and State outreach.

Sec. 202. SBIR-STEM Workforce Development Grant Pilot Program.

Sec. 203. Technical assistance for awardees.

Sec. 204. Commercialization pilot program at Department of Defense.

Sec. 205. Commercialization Pilot Program for civilian agencies.

Sec. 206. Nanotechnology initiative.

Sec. 207. Accelerating cures.

TITLE III--OVERSIGHT AND EVALUATION

Sec. 301. Streamlining annual evaluation requirements.

Sec. 302. Data collection from agencies for SBIR.

Sec. 303. Data collection from agencies for STTR.

Sec. 304. Public database.

Sec. 305. Government database.

Sec. 306. Accuracy in funding base calculations.

Sec. 307. Continued evaluation by the National Academy of Sciences.

Sec. 308. Technology insertion reporting requirements.

Sec. 309. Intellectual property protections.

TITLE IV--POLICY DIRECTIVES

Sec. 401. Conforming amendments to the SBIR and the STTR Policy Directives.

SEC. 3. DEFINITIONS.

In this Act--

(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively;

(2) the terms ‘extramural budget’, ‘Federal agency’, ‘Small Business Innovation Research Program’, ‘SBIR’, ‘Small Business Technology Transfer Program’, and ‘STTR’ have the meanings given such terms in section 9 of the Small Business Act (15 U.S.C. 638); and

(3) the term ‘small business concern’ has the same meaning as under section 3 of the Small Business Act (15 U.S.C. 632).

TITLE I--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS

SEC. 101. EXTENSION OF TERMINATION DATES.

(a) SBIR- Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended by striking ‘2008’ and inserting ‘2023’.

(b) STTR- Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended by striking ‘2009’ and inserting ‘2023’.

SEC. 102. STATUS OF THE OFFICE OF TECHNOLOGY.

Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) 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 ‘; and’;

(3) by redesignating paragraph (8) as paragraph (9); and

(4) by adding at the end the following:

‘(10) to maintain an Office of Technology to carry out the responsibilities of the Administration under this section, which shall be--

‘(A) headed by the Assistant Administrator for Technology, who shall report directly to the Administrator; and

‘(B) independent from the Office of Government Contracting of the Administration and sufficiently staffed and funded to comply with the oversight, reporting, and public database responsibilities assigned to the Office of Technology by the Administrator.’.

SEC. 103. SBIR ALLOCATION INCREASE.

Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) is amended--

(1) in paragraph (1)--

(A) in the matter preceding subparagraph (A), by striking ‘Each’ and inserting ‘Except as provided in paragraph (2)(C), each’;

(B) in subparagraph (B), by striking ‘and’ at the end; and

(C) by striking subparagraph (C) and inserting the following:

‘(C) not less than 2.5 percent of such budget in each of fiscal years 2009 and 2010;

‘(D) not less than 2.6 percent of such budget in fiscal year 2011;

‘(E) not less than 2.7 percent of such budget in fiscal year 2012;

‘(F) not less than 2.8 percent of such budget in fiscal year 2013;

‘(G) not less than 2.9 percent of such budget in fiscal year 2014;

‘(H) not less than 3.0 percent of such budget in fiscal year 2015;

‘(I) not less than 3.1 percent of such budget in fiscal year 2016;

‘(J) not less than 3.2 percent of such budget in fiscal year 2017;

‘(K) not less than 3.3 percent of such budget in fiscal year 2018;

‘(L) not less than 3.4 percent of such budget in fiscal year 2019; and

‘(M) not less than 3.5 percent of such budget in fiscal year 2020 and each fiscal year thereafter,’; and

(2) in paragraph (2)--

(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;

(B) by striking ‘A Federal agency’ and inserting the following:

‘(A) IN GENERAL- A Federal agency’; and

(C) by adding at the end the following:

‘(B) DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY- For the Department of Defense and the Department of Energy, to the greatest extent practicable, the percentage of the extramural budget in excess of 2.5 percent required to be expended with small business concerns under subparagraphs (D) through (M) of paragraph (1)--

‘(i) may not be used for new Phase I or Phase II awards; and

‘(ii) shall be used for activities that further the readiness levels of technologies developed under Phase II awards, including conducting testing and evaluation to promote the transition of such technologies into commercial or defense products, or systems furthering the mission needs of the Department of Defense or the Department of Energy, as the case may be.

‘(C) DEPARTMENT OF HEALTH AND HUMAN SERVICES- Subparagraphs (D) through (M) of paragraph (1) shall not apply to the Department of Health and Human Services. For fiscal year 2009, and each fiscal year thereafter, the Department of Health and Human Services shall expend with small business concerns not less than 2.5 percent of the extramural budget for research or research and development of the Department of Health and Human Services.’.

SEC. 104. STTR ALLOCATION INCREASE.