S. 4158 – Reading Mode

117th CONGRESS

2d Session

S. 4158

IN THE SENATE OF THE UNITED STATES

May 5, 2022

Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

A BILL

To amend the small business laws to create certain requirements with respect to the SBIR and STTR program, and for other purposes.

Short title

This Act may be cited as the Encouraging Small Business Innovation Act.

Inclusion of testing and evaluation for all Federal agencies

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

(1)

in the subsection heading, by striking Pilot program and inserting Testing, evaluation, and commercialization;

(2)

in paragraph (1), in the matter preceding subparagraph (A), by inserting establish a program to after may;

(3)

in paragraph (2)(A), by striking pilot program each place that term appears and inserting covered program;

(4)

in paragraph (3), by striking pilot program and inserting covered program;

(5)

in paragraph (4), by striking pilot program and inserting covered program;

(6)

in paragraph (6), by striking pilot program and inserting covered program; and

(7)

by striking paragraphs (7) and (8) and inserting the following:

(7)

Definitions

In this subsection—

(A)

the term covered Federal agency means a Federal agency participating in the SBIR program or the STTR program; and

(B)

the term covered program means a program established under paragraph (1).

Inclusion of small business investment companies in SBIR and STTR

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

(1)

by striking or private equity firm investment each place that term appears and inserting private equity firm, or SBIC investment;

(2)

by striking or private equity firms each place that term appears and inserting private equity firms, or SBICs;

(3)

in subsection (e)—

(A)

in paragraph (13)(B), by striking and at the end;

(B)

in paragraph (14), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(15)

the term SBIC means a small business investment company as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662).

; and

(4)

in the heading for subsection (dd), by striking or Private Equity Firms and inserting Private Equity Firms, or SBICs.

Calculation of leverage of small business investment companies that invest in SBIR or STTR participants

Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the following:

(E)

Investments in SBIR and STTR participants

(i)

Definitions

In this subparagraph—

(I)

the term cost has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); and

(II)

the term SBIR or STTR participant means a small business concern that receives contracts or grants pursuant to section 9 of the Small Business Act (15 U.S.C. 638).

(ii)

Exclusion

Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year.

(iii)

Limitations

(I)

Amount of exclusion

The amount excluded under clause (i) for a company shall not exceed 33 percent of the private capital of that company.

(II)

Maximum investment

A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company.

(III)

Other terms

The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost with respect to purchasing or guaranteeing any debenture involved.

Annual meeting for Federal agencies with a SBIR or STTR program

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

(vv)

Annual meeting

(1)

In general

The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods—

(A)

to improve the collection of data under this section;

(B)

to improve the reporting of data to the Administrator under this section;

(C)

to make the application processes for programs under this section more efficient; and

(D)

to increase participation in the programs under this section.

(2)

Reporting

Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.

Increasing participation of underserved populations in the SBIR and STTR programs

(a)

In general

Section 9(mm)(2) of the Small Business Act (15 U.S.C. 638(mm)(2)) is amended to read as follows:

(2)

Outreach and technical assistance

A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.

(b)

Conforming amendment

Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B) and inserting paragraph (2).