HR 2965

 
To amend the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes.
Sponsor: Jason Altmire (D) PA
 
Status: Passed
 
Govit Voted No 100%
H600400M
Gov Voted No 10%
H600400G
 
 
 
 
 
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Summary:
6/19/2009--Introduced.Enhancing Small Business Research and Innovation Act of 2009 - Amends the Small Business Act to, among other things: (1) extend through FY2011 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs; (2) allow in the SBIR and STTR programs businesses with under 500 employees and businesses with less than 50% ownership by a venture capital operating company; (3) state as the policy of Congress that SBIR and STTR programs should focus on research and development of projects governed by commercial business plans which have significant potential to produce products and services for the marketplace or for acquisition by federal agencies; (4) include energy-related and rare disease-related research topics as deserving "special consideration" as SBIR research topics; (5) include nanotechnology-related research within authorized research topics under the SBIR and STTR programs; (6) direct each federal agency that is required to have an SBIR program and that awards annually $5 billion or more in procurement contracts to establish annual goals for the commercialization of projects funded by SBIR awards; (8) direct each federal agency required to conduct an SBIR program to establish a commercialization program that supports the progress of SBIR awardees to the third (final) phase; (9) direct the Administrator of the Small Business Administration (SBA) to make grants to organizations to conduct outreach efforts to increase small business participation in SBIR and STTR programs; (10) require federal agencies, in making SBIR and STTR grant awards, to prioritize applications so as to increase the number of recipients from rural areas; (11) require federal agencies conducting an SBIR program to receive consent to identify the small business applicant to appropriate local and state economic development organizations, and to encourage partnerships between SBIR awardees and prime contractors, venture capital investment companies, business incubators, and larger businesses to facilitate the progress of SBIR awardees to the third phase; (12) require each federal agency with an SBIR program to issue research topic solicitations at least twice a year and to make final decisions on topic proposals within 90 days (with an exception); (13) require the Administrator to produce a list of small businesses that, for the preceding five-year period, received 15 or more first-phase SBIR awards but no second-phase awards; (14) provide funding for SBIR administrative, oversight, and contract processing costs; (15) require a Comptroller General audit on how federal agencies calculate SBIR and STTR extramural research budgets; (16) direct each federal agency conducting an SBIR or STTR program to establish and maintain program evaluation databases and a technology utilization database; (17) establish an Interagency SBIR/STTR Policy Committee; (18) authorize each federal agency with an SBIR program to "fast track" phase two awards; (19) increase SBIR and STTR award levels; (20) make a small business concern receiving a second phase SBIR award for a project eligible to receive additional second phase SBIR awards for such project, with express authorization provided for second phase SBIR awards for testing technical or weapons systems; and (21) allow a federal agency to provide a second phase award to a small business only if the business has been provided an award for the first phase or has completed first phase requirements despite not having been provided a first phase award.
 
Text of Legislation:

HR 2965 IH

111th CONGRESS

1st Session

H. R. 2965

To amend the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 19, 2009

Mr. ALTMIRE (for himself, Mr. WU, Mr. GRAVES, Ms. VELAZQUEZ, Mr. SCHOCK, Mr. NYE, Mrs. HALVORSON, and Mr. BRIGHT) introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, 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; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the ‘Enhancing Small Business Research and Innovation Act of 2009’.

    (b) Table of Contents- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--PROGRAM EXTENSION AND VENTURE CAPITAL OPERATING COMPANY INVOLVEMENT

      Sec. 101. Extension of termination dates.

      Sec. 102. Ensuring that innovative small businesses with substantial investment from venture capital operating companies are able to participate in the SBIR and STTR programs.

TITLE II--COMMERCIALIZATION ACTIVITIES AND RESEARCH TOPICS DESERVING SPECIAL CONSIDERATION

      Sec. 201. Focus on commercialization.

      Sec. 202. Inclusion of energy-related research topics and rare disease-related research topics as deserving ‘special consideration’ as SBIR research topics.

      Sec. 203. Nanotechnology-related research topics.

      Sec. 204. Clarifying the definition of ‘Phase Three’.

      Sec. 205. Agency research goals.

      Sec. 206. Commercialization programs.

TITLE III--RURAL DEVELOPMENT AND OUTREACH

      Sec. 301. Outreach and support activities.

      Sec. 302. Rural preference.

      Sec. 303. Obtaining SBIR applicant’s consent to release contact information to economic development organizations.

      Sec. 304. Increased partnerships between SBIR awardees and prime contractors, venture capital investment companies, and larger businesses.

TITLE IV--SBIR AND STTR ENHANCEMENT

      Sec. 401. Increased number of research topic solicitations annually and shortened period for final decisions on applications.

      Sec. 402. Agencies should fund vital R&D projects with the potential for commercialization.

      Sec. 403. Federal agency engagement with SBIR awardees that have been awarded multiple Phase One awards but have not been awarded Phase Two awards.

      Sec. 404. Funding for administrative, oversight, and contract processing costs.

      Sec. 405. Comptroller general audit of how Federal agencies calculate extramural research budgets.

      Sec. 406. Agency databases to support program evaluation.

      Sec. 407. Agency databases to support technology utilization.

      Sec. 408. Interagency Policy Committee.

      Sec. 409. National Research Council SBIR Study.

      Sec. 410. Express authority to ‘fast-track’ Phase Two awards for promising Phase One research.

      Sec. 411. Increased SBIR and STTR award levels.

      Sec. 412. Express authority for an agency to award sequential Phase Two awards for SBIR-funded projects.

      Sec. 413. First phase required.

TITLE I--PROGRAM EXTENSION AND VENTURE CAPITAL OPERATING COMPANY INVOLVEMENT

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 ‘2011’.

    (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 ‘2011’.

SEC. 102. ENSURING THAT INNOVATIVE SMALL BUSINESSES WITH SUBSTANTIAL INVESTMENT FROM VENTURE CAPITAL OPERATING COMPANIES ARE ABLE TO PARTICIPATE IN THE SBIR AND STTR PROGRAMS.

    Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following:

    ‘(aa) Venture Capital Operating Companies- Effective only for the SBIR and STTR programs the following shall apply:

      ‘(1) A business concern that has more than 500 employees shall not qualify as a small business concern.

      ‘(2) In determining whether a small business concern is independently owned and operated under section 3(a)(1) or meets the small business size standards instituted under section 3(a)(2), the Administrator shall not consider a business concern to be affiliated with a venture capital operating company (or with any other business that the venture capital operating company has financed) if--

        ‘(A) the venture capital operating company does not own 50 percent or more of the business concern; and

        ‘(B) employees of the venture capital operating company do not constitute a majority of the board of directors of the business concern.

      ‘(3) A business concern shall be deemed to be ‘independently owned and operated’ if--

        ‘(A) it is owned in majority part by one or more natural persons or venture capital operating companies;

        ‘(B) there is no single venture capital operating company that owns 50 percent or more of the business concern; and

        ‘(C) there is no single venture capital operating company the employees of which constitute a majority of the board of directors of the business concern.

      ‘(4) If a venture capital operating company controlled by a business with more than 500 employees (in this paragraph referred to as a ‘VCOC under large business control’) has an ownership interest in a small business concern that is owned in majority part by venture capital operating companies, the small business concern is eligible to receive an award under the SBIR or STTR program only if--

        ‘(A) not more than two VCOCs under large business control have an ownership interest in the small business concern; and

        ‘(B) the VCOCs under large business control do not collectively own more than 20 percent of the small business concern.

      ‘(5) The term ‘venture capital operating company’ means a business concern--

        ‘(A) that--

          ‘(i) is a Venture Capital Operating Company, as that term is defined in regulations promulgated by the Secretary of Labor; or

          ‘(ii) is an entity that--

            ‘(I) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-51 et seq.); or

            ‘(II) is an investment company, as defined in section 3(c)(1) of such Act (15 U.S.C. 80a-3(c)(1)), which is not registered under such Act because it is beneficially owned by less than 100 persons; and

        ‘(B) that is itself organized or incorporated and domiciled in the United States, or is controlled by a business concern that is incorporated and domiciled in the United States.’.

TITLE II--COMMERCIALIZATION ACTIVITIES AND RESEARCH TOPICS DESERVING SPECIAL CONSIDERATION


Full Text of Legislation
 
Subject Name:
 
All Actions:

Actions Date
Action Text
6/19/2009
Referred to the Committee on Small Business, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
6/19/2009
Referred to House Small Business
6/19/2009
Referred to House Science and Technology
6/24/2009
Committee Consideration and Mark-up Session Held.
6/25/2009
Committee Consideration and Mark-up Session Held.
6/26/2009
Reported (Amended) by the Committee on Small Business. H. Rept. 111-190, Part I.
6/26/2009
House Committee on Science and Technology Granted an extension for further consideration ending not later than July 7, 2009.
7/7/2009
Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-190, Part II.
7/7/2009
Rules Committee Resolution H. Res. 610 Reported to House. Rule provides for consideration of H.R. 2965 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. In lieu of the amendment recommended by the Committee on Science and Technology now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Small Business now printed in the bill.
7/8/2009
Rule H. Res. 610 passed House.
7/8/2009
Considered under the provisions of rule H. Res. 610.
7/8/2009
Rule provides for consideration of H.R. 2965 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. In lieu of the amendment recommended by the Committee on Science and Technology now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Small Business now printed in the bill.
7/8/2009
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 610 and Rule XVIII.
7/8/2009
The Speaker designated the Honorable Mike Ross to act as Chairman of the Committee.
7/8/2009
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2965.
7/8/2009
DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 30 minutes if debate on the Velazquez amendment.
7/8/2009
DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 10 minutes if debate on the Brown-Waite amendment.
7/8/2009
DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 10 minutes if debate on the Kosmas amendment.
7/8/2009
POSTPONED PROCEEDINGS - At the conclusion of debate on the Kosmas amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Ms. Kosmas demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
7/8/2009
DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 10 minutes if debate on the Reichert amendment.
7/8/2009
DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 10 minutes if debate on the Paulsen amendment.
7/8/2009
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2965.
7/8/2009
The previous question was ordered pursuant to the rule.
7/8/2009
The Chair put the question on adoption of the Committee amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union, and by voice vote announced that the ayes had prevailed.
7/8/2009
Mr. Price (GA) demanded a recorded vote on the Committee amendment in the nature of a substitute.
7/8/2009
On agreeing to the Committee amendment in the nature of a substitute Agreed to by recorded vote: 411 - 15 (Roll no. 484).
7/8/2009
Mr. Simpson moved to recommit with instructions to Small Business.
7/8/2009
DEBATE - The House proceeded with ten minutes of debate on the Simpson motion to recommit with instructions. The instructions contained in the motion seek to add a section at the end of the bill titled the Sense of Congress on Regular Order on Appropriations Bills.
7/8/2009
Ms. Velazquez raised a point of order against the motion to recommit with instructions. The provisions of the motion to recommit contain language that is not germane. Sustained by the Chair.
7/8/2009
Point of order sustained against the motion to recommit with instructions.
7/8/2009
Mr. Simpson appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair.
7/8/2009
Ms. Velazquez moved to table the motion to appeal the ruling of the chair
7/8/2009
On motion to table the motion to appeal the ruling of the chair Agreed to by recorded vote: 246 - 181 (Roll no. 485).
7/8/2009
Motion to appeal the ruling of the chair tabled.
7/8/2009
7/8/2009
On passage Passed by recorded vote: 386 - 41 (Roll no. 486).
7/9/2009
Received in the Senate.
7/9/2009
Received in the Senate, read twice.
7/13/2009
Measure laid before Senate by unanimous consent.
7/13/2009
Senate struck all after the Enacting Clause and substituted the language of S. 1233 amended.
7/13/2009
See also S. 1233.
7/14/2009
Message on Senate action sent to the House.
4/23/2009
Hearings Held by the Subcommittee on Technology and Innovation Prior to Introduction and Referral.
 
Titles:

To amend the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes.
Enhancing Small Business Research and Innovation Act of 2009
Enhancing Small Business Research and Innovation Act of 2009
Enhancing Small Business Research and Innovation Act of 2009
SBIR/STTR Reauthorization Act of 2009
 
Committee:

Referral, In Committee
Referral, In Committee
Referral, Markup, In Committee
Referral, Markup, Reporting
Referral, Markup, Reporting
Hearings
 
Related Bill Details:

 
Amendments

 
 
 
 
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