H.R. 5789House110th Congress (2007-2009)In Committee

Science and Technology Innovation Act of 2008

Sponsored by David WuRep. David Wu (D-OR)
Introduced April 15, 2008

Legislative Activity

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HouseIntro Referral Latest Action

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.

April 15, 2008

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HouseIntro Referral

Introduced in House

April 15, 2008

HouseCommittee

Referred to the Subcommittee on Technology and Innovation.

April 15, 2008

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

April 15, 2008

HouseCommittee

Ordered to be Reported by Voice Vote.

April 15, 2008

HouseIntro Referral

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.

April 15, 2008

Floor Debate

24 members

What members said about H.R. 5789 on the floor

8 Republicans16 Democrats
Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-12 · Apr 23, 2008

Madam Chairman, I yield myself as much time as I may consume. Madam Chairman, this year, we celebrate Small Business Week in the face of harsh realities that come with an economic downturn. But it is…

Steve Chabot
Rep. Steve ChabotR-OH-1 · Apr 23, 2008

Madam Chairman, I rise in support of H.R. 5819, the Small Business Innovation Research and Small Business Technology Transfer Programs Reauthorization Act. These two programs are highly successful…

Vernon J. Ehlers
Rep. Vernon J. EhlersR-MI-3 · Apr 23, 2008

Madam Chairman, I yield myself such time as I may consume. The Small Business Innovation Research (SBIR) program and the Small Business Technology Transfer (STTR) program both were created to…

Stephanie Tubbs Jones
Rep. Stephanie Tubbs JonesD-OH-11 · Apr 23, 2008

I would like to thank the Chair of this wonderful committee for yielding time to me today. Madam Chairman, I used to serve on the Small Business Committee and am pleased every chance I have to take…

Donald A. Manzullo
Rep. Donald A. ManzulloR-IL-16 · Apr 23, 2008

Madam Chairman, I rise in reluctant opposition to the SBIR/STTR Reauthorization Act (H.R. 5819). I am a long-time supporter of the Small Business Innovative Research, SBIR, and the Small Business…

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Betty Sutton
Rep. Betty SuttonD-OH-13 · Apr 23, 2008

Madam Chairman, I rise in strong support of this amendment. I am fortunate and thankful to have had the opportunity to work with Representative Boswell to offer this important amendment, which would…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 23, 2008

Madam Chairman, I rise today in support of H.R. 5819, to reauthorize the ``SBIR/STTR Reauthorization Act.'' This legislation extends the federal government's largest small business research and…

Don Young
Rep. Don YoungR-AK · Apr 23, 2008

I thank the gentleman for yielding because we're talking about innovating small business and helping small business in this country. And that's well and good, and I congratulate the chairman and, of…

David Wu
Rep. David WuD-OR-1 · Apr 23, 2008

Madam Chairman, I yield myself such time as I may consume. I rise in support of H.R. 5819, this SBIR/STTR Reauthorization Act. I want to commend Chairwoman Velazquez and the gentleman from Ohio for…

Sam Graves
Rep. Sam GravesR-MO-6 · Apr 23, 2008

Madam Chairman, I have an amendment at the desk. Madam Chairman, I yield myself such time as I may consume. Madam Chairman, I would first like to thank Chairwoman Velazquez and Ranking Member Chabot…

Joe Sestak
Rep. Joe SestakD-PA-7 · Apr 23, 2008

Madam Chairman, I rise today also in support of H.R. 5819, a bill to improve and modernize the Small Business Innovation Research program and the Small Business Technology Transfer program. Small…

Robin Hayes
Rep. Robin HayesR-NC-8 · Apr 23, 2008

I thank the gentleman for yielding. First let me thank Congresswoman Velazquez, Sam Graves, and others for bringing an excellent bill to the floor. I rise today in support of the bill and support of…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-14 · Apr 23, 2008

Madam Chairman, I rise today in support of H.R. 5819, the SBIR/STTR Reauthorization Act. The Small Business Innovation Research, SBIR, and Small Business Technology Transfer, STTR, programs are…

Show 11 more
Phil Gingrey
Rep. Phil GingreyR-GA-11 · Apr 23, 2008

I thank the gentleman for yielding. Madam Chairman, both the Small Business Innovation Research and the Small Business Technology Transfer programs have proven to be extremely successful since the…

Lynn A. Westmoreland
Rep. Lynn A. WestmorelandR-GA-3 · Apr 23, 2008

I want to thank my friend for yielding. And I want to thank the chairwoman, Ms. Velazquez, for the job that she has done and for what Ranking Member Chabot has done, and the true bipartisan work and…

Gabrielle Giffords
Rep. Gabrielle GiffordsD-AZ-8 · Apr 23, 2008

Madam Chairman, I have an amendment at the desk. Madam Chairman, in this period of economic downturn, we must ensure that we are doing everything we can to support American small businesses. We also…

John Barrow
Rep. John BarrowD-GA-12 · Apr 23, 2008

Madam Chairman, I have an amendment at the desk. I thank the Chair and I yield myself such time as I may consume. Madam Chairman, the whole purpose of the SBIR and STTR programs is a generally…

Bruce L. Braley
Rep. Bruce L. BraleyD-IA-1 · Apr 23, 2008

Madam Chairman, I rise today in strong support of H.R. 5919, the SBIR/STTR Reauthorization Act. It is essential to reauthorize this program before it expires on October 1, 2008 and to implement the…

Jim Matheson
Rep. Jim MathesonD-UT-2 · Apr 23, 2008

Madam Chairman, I have an amendment at the desk. Thank you, Madam Chairman. First I would like to commend Chairwoman Velazquez, Ranking Member Chabot and the Small Business Committee, as well as…

Leonard L. Boswell
Rep. Leonard L. BoswellD-IA-3 · Apr 23, 2008

Madam Chairman, I have an amendment at the desk. Thank you, Madam Chairman. I will yield myself such time as I may consume. This amendment offered by myself and the gentlelady from Ohio (Ms. Sutton)…

Jason Altmire
Rep. Jason AltmireD-PA-4 · Apr 23, 2008

I thank the chairwoman for yielding. Madam Chairman, I rise today in support of the Small Business Innovation Research Program Reauthorization Act. Since its inception in 1983, SBIR has been key to…

Henry C. "Hank" Johnson, Jr.
Rep. Henry C. "Hank" Johnson, Jr.D-GA-4 · Apr 23, 2008

Madam Chairman, I rise today in support of H.R. 5819. The Small Business Innovation and Research and Small Business Technology Transfer programs are a critical means of supporting small businesses'…

Bill Foster
Rep. Bill FosterD-IL-14 · Apr 23, 2008

Madam Chairman, I offer an amendment. Madam Chairman, I am offering this amendment along with my colleagues, Representatives Ellsworth and Altmire, to H.R. 5819, the Small Business Innovation…

Doris O. Matsui
Rep. Doris O. MatsuiD-CA-5 · Apr 23, 2008

Madam Chairman, I have an amendment at the desk. Madam Chairman, I yield myself such time as I may consume. Madam Chairman, the bill before us today is a good one. I would like to commend Chairwoman…

Bill Text

Latest available legislative text

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Introduced in HouseIssued April 15, 2008

I

110th CONGRESS

2d Session

H. R. 5789

IN THE HOUSE OF REPRESENTATIVES

April 15, 2008

Mr. Wu (for himself, Mr. Gordon of Tennessee, Mr. Baird, and Mr. Wilson of Ohio) 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 reauthorize the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Science and Technology Innovation Act of 2008.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Reauthorization of Programs

Sec. 101. Extension of SBIR and STTR Programs.

Title II—Federal Innovations Investments

Sec. 201. SBIR cap increase.

Sec. 202. STTR cap increase.

Sec. 203. Adjustments in SBIR and STTR award levels.

Sec. 204. Majority equity investment in SBIR and STTR firms.

Title III—Utilization Support

Sec. 301. Agency databases to support program evaluation.

Sec. 302. Agency databases to support technology utilization.

Sec. 303. Interagency Policy Committee.

Title IV—Outreach and Technical Assistance

Sec. 401. Use of program funds for administrative costs.

Sec. 402. SBIR discretionary technical assistance.

Title V—Implementation

Sec. 501. Conforming amendments to the SBIR and STTR policy directives.

Sec. 502. National Research Council SBIR Study.

I

Reauthorization of Programs

101.

Extension of SBIR and STTR Programs

(a)

SBIR program

Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended by striking 2008 and inserting 2010.

(b)

STTR program

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 2010.

II

Federal Innovations Investments

201.

SBIR cap increase

Section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) is amended—

(1)

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

(2)

in subparagraph (C), by striking each fiscal year thereafter, and inserting each of fiscal years 1997 through 2008; and; and

(3)

by adding after subparagraph (C) the following new subparagraph:

(D)

not less than 3 percent in fiscal year 2009 and each fiscal year thereafter,

.

202.

STTR cap increase

Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 638(n)(1)(B)) is amended—

(1)

in clause (i), by striking and at the end;

(2)

in clause (ii), by striking fiscal year 2004 and each fiscal year thereafter. and inserting each of fiscal years 2004 through 2008; and; and

(3)

by adding after clause (ii) the following new clause:

(iii)

0.6 percent for fiscal year 2009 and each fiscal year thereafter.

.

203.

Adjustments in SBIR and STTR award levels

(a)

SBIR Adjustments

Section 9(j)(2)(D) of the Small Business Act (15 U.S.C. 638(j)(2)(D)) is amended—

(1)

by striking $100,000 and inserting $300,000; and

(2)

by striking $750,000 and inserting $2,200,000.

(b)

STTR Adjustments

Section 9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended—

(1)

by striking $100,000 and inserting $300,000; and

(2)

by striking $750,000 and inserting $2,200,000.

(c)

Annual adjustments

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

(1)

in subsection (j)(2)(D), by striking and an adjustment of such amounts once every 5 years to reflect economic adjustments and programmatic considerations and inserting and a mandatory annual adjustment of such amounts to reflect economic adjustments and programmatic considerations; and

(2)

in subsection (p)(2)(B)(ix), by striking greater or lesser amounts and inserting with a mandatory annual adjustment of such amounts to reflect economic adjustments and programmatic considerations, and with lesser amounts.

(d)

Limitation on Certain Awards

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

(z)

Limitation on Phase I and II Awards

No Federal agency shall issue an award under the SBIR program or the STTR program if the size of the award exceeds the amounts established under subsections (j)(2)(D) and (p)(2)(B)(ix).

(aa)

Subsequent Phases

(1)

In general

A small business concern which received an award from a Federal agency under this section shall be eligible to receive an award for a subsequent phase from another Federal agency, if the head of each relevant Federal agency makes a written determination that the topics of the relevant awards are the same.

(2)

Crossover between programs

A small business concern which received an award under this section under the SBIR program or the STTR program may, at the discretion of the granting agency, receive an award under this section for a subsequent phase in either the SBIR program or the STTR program.

(3)

Phase ii sbir applications

An agency may permit an applicant to apply directly for a Phase II award, as described in subsection (e)(4)(B), without first completing a Phase I award, as described in subsection (e)(4)(A), if the applicant can demonstrate that project feasibility was achieved without SBIR or other Federal funding.

(4)

Phase ii sttr applications

An agency may permit an applicant to submit proposals for Phase II awards, as described in subsection (e)(6)(B), without first completing a Phase I award, as described in subsection (e)(6)(A), if the applicant can demonstrate it has accomplished Phase I through cooperative research and development achieved without STTR or other Federal funding.

(bb)

Waiver of minimum work requirement

A Federal agency making an SBIR or STTR award under this section may waive the minimum small business concern or research institution work requirements under subsection (e)(7) if the agency determines that to provide such waiver would be consistent with the purposes of this section and consistent with achieving the objectives of the award proposal.

.

204.

Majority equity investment in SBIR and STTR firms

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

(cc)

Majority equity investment in SBIR and STTR firms

(1)

Qualification Requirements

No small business concern shall be excluded from participation in the SBIR or STTR program on the ground that such small business concern is owned in majority part by more than 1 equity provider, except that no single equity provider shall be permitted to own more than 49 percent of such small business concern.

(2)

Definitions

For purposes of this subsection—

(A)

the term equity provider means a venture capital operating company; and

(B)

the term venture capital operating company means a business concern that—

(i)

is a venture capital operating company, as that term is defined in regulations promulgated by the Secretary of Labor under the Employee Retirement Income Security Act of 1974;

(ii)

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

(iii)

is an investment company, as defined in section 3(c)(14) of such Act (15 U.S.C. 80a–3(c)(14)), which is not registered under such Act because it is beneficially owned by less than 100 persons.

.

III

Utilization Support

301.

Agency databases to support program evaluation

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

(1)

in paragraph (2)(A)—

(A)

by striking and at the end of clause (ii);

(B)

by inserting and at the end of clause (iii); and

(C)

by adding at the end the following new clause:

(iv)

information on the ownership structure of award recipients, both at the time of receipt of the award and upon completion of the award period;

;

(2)

by amending paragraph (3) to read as follows:

(3)

Updating information for database

(A)

In general

A Federal agency shall not make a Phase I or Phase II payment to a small business concern under this section unless the small business concern has provided all information required under this subsection with respect to the award under which the payment is made, and with respect to any other award under this section previously received by the small business concern or a predecessor in interest to the small business concern.

(B)

Apportionment

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.

(C)

Annual updates upon termination

A small business concern receiving an award under this section shall—

(i)

in the case of a second phase award, update information in the databases required under paragraphs (2) and (6) concerning that award at the termination of the award period;

(ii)

in the case of award recipients not described in clause (iii), be requested to voluntarily update such information annually thereafter for a period of 5 years; and

(iii)

in the case of a small business concern applying for a subsequent first phase or second phase award, be required to update such information annually thereafter for a period of 5 years.

; and

(3)

by adding at the end the following new paragraph:

(6)

Agency program evaluation databases

Each Federal agency required to establish an SBIR or STTR program under this section shall develop and maintain, for the purpose of evaluating such programs, a database containing information required to be contained in the database under paragraph (2). Each such database shall be designed to be accessible to other agencies that are required to maintain a database under this paragraph.

.

302.

Agency databases to support technology utilization

Section 9(k) of the Small Business Act (15 U.S.C. 638(k)), as amended by this Act, is further amended by adding at the end the following new paragraph:

(7)

Agency databases to support technology utilization

Each Federal agency with an SBIR or STTR program shall create and maintain a technology utilization database, which shall be available to the public and shall contain data supplied by the award recipients specifically to help them attract customers for the products and services generated under the SBIR or STTR project, and to attract additional investors and business partners. Each database created under this paragraph shall include information on the other databases created under this paragraph by other Federal agencies. Participation in a database under this paragraph shall be voluntary, except that such participation is required of all award recipients who received supplemental payments from SBIR and STTR program funds above their initial Phase II award.

.

303.

Interagency Policy Committee

(a)

Establishment

The Director of the Office of Science and Technology Policy shall establish an Interagency SBIR/STTR Policy Committee comprised of one representative from each Federal agency with an SBIR program.

(b)

Cochairs

The Director of the Office of Science and Technology Policy and the Director of the National Institute of Standards and Technology shall jointly chair the Interagency Policy Committee.

(c)

Duties

The Interagency Policy Committee shall review the following issues and make policy recommendations on ways to improve program effectiveness and efficiency:

(1)

The public and government databases described in section 9(k)(1) and (2) of the Small Business Act (15 U.S.C. 638(k)(1) and (2)).

(2)

Federal agency flexibility in establishing Phase I and II award sizes, and appropriate criteria to exercise such flexibility.

(3)

Commercialization assistance best practices in Federal agencies with significant potential to be employed by other agencies, and the appropriate steps to achieve that leverage, as well as proposals for new initiatives to address funding gaps business concerns face after Phase II but before commercialization.

(d)

Reports

The Interagency Policy Committee shall transmit to the Committee on Science and Technology and the Committee on Small Business of the House of Representatives, and to the Committee on Small Business and Entrepreneurship of the Senate—

(1)

a report its review and recommendations under subsection (c)(1) not later than 1 year after the date of enactment of this Act;

(2)

a report its review and recommendations under subsection (c)(2) not later than 18 months after the date of enactment of this Act; and

(3)

a report its review and recommendations under subsection (c)(3) not later than 2 years after the date of enactment of this Act.

IV

Outreach and Technical Assistance

401.

Use of program funds for administrative costs

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

(1)

in subsection (f)(2)(A), by striking any and inserting more than 3.0 percent; and

(2)

in subsection (n)(2)(A), by striking any and inserting more than 3.0 percent.

402.

SBIR discretionary technical assistance

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

(1)

in paragraph (1)—

(A)

by striking paragraph (2) and inserting paragraph (2)(A), or another Federal agency under paragraph (2)(B),;

(B)

by striking and at the end of subparagraph (C);

(C)

by striking the period at the end of subparagraph (D) and inserting ; and; and

(D)

by adding at the end the following new subparagraph:

(E)

implementing manufacturing processes and production strategies for utilization.

;

(2)

by amending paragraph (2) to read as follows:

(2)

Assistance providers

(A)

Vendor selection

Each agency may select a vendor to assist small business concerns to meet the goals listed in paragraph (1) for a term not to exceed 3 years. Such selection shall be competitive and shall utilize merit-based criteria.

(B)

Interagency collaboration

In addition, each agency may enter into a collaborative agreement with the technical extension or assistance programs of other Federal agencies in order to provide the assistance described in paragraph (1).

; and

(3)

in paragraph (3)—

(A)

in subparagraph (A), by striking $4,000 and inserting $5,000; and

(B)

by amending subparagraph (B) to read as follows:

(B)

Second phase

Each agency referred to in paragraph (1) may provide directly, or authorize any second phase SBIR award recipient to purchase with funds available from their SBIR awards, services described in paragraph (1), in an amount equal to not more than $8,000 per year, per award.

.

V

Implementation

501.

Conforming amendments to the SBIR and STTR policy directives

Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall promulgate amendments to the SBIR and the STTR Policy Directives to conform such directives to this Act and the amendments made by this Act.

502.

National Research Council SBIR Study

Section 108(d) of the Small Business Reauthorization Act of 2000 is amended—

(1)

by striking of the Senate and all that follows through not later than 3 and inserting of the Senate, not later than 3; and

(2)

by striking ; and and all that follows through update of such report.