Commercializing Small Business Research and Development Act - Amends the Small Business Act to state as the policy of Congress that Small Business Administration (SBA) research and development (R&D) programs should focus on promoting R&D of projects governed by commercial business plans which have significant potential to produce products or services for the marketplace or for acquisition by federal agencies.
Includes energy-related and rare disease-related research topics as deserving special consideration under Small Business Innovation Research (SBIR) Program research topics.
Includes nanotechnology-related topics within authorized research topics under the SBIR Program and Small Business Technology Transfer (STTR) Program.
Requires each federal agency that is required to have an SBIR program and that awards annually $5 billion or more in procurement contracts to establish, for FY2010 and thereafter, annual goals for the commercialization of projects funded by SBIR awards.
Directs 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. Provides funding for such commercialization programs.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2769 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2769
To amend the Small Business Act to promote the commercialization of
certain small business research and development projects, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2009
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 to promote the commercialization of
certain small business research and development projects, 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 ``Commercializing Small Business
Research and Development Act''.
SEC. 2. FOCUS ON COMMERCIALIZATION.
Section 9(a) of the Small Business Act (15 U.S.C. 638(a)) is
amended by adding at the end the following: ``It is further the policy
of Congress that the programs established in this section should focus
on promoting research and development of projects governed by
commercial business plans, which have significant potential to produce
products or services for the marketplace or for acquisition by Federal
agencies.''.
SEC. 3. INCLUSION OF ENERGY-RELATED RESEARCH TOPICS AND RARE DISEASE-
RELATED RESEARCH TOPICS AS DESERVING ``SPECIAL
CONSIDERATION'' AS SBIR RESEARCH TOPICS.
Section 9(g)(3) of the Small Business Act (15 U.S.C. 638(g)(3)) is
amended--
(1) in the matter preceding subparagraph (A) by inserting
after ``critical technologies'' the following: ``or pressing
research priorities'';
(2) at the end of subparagraph (A) by striking ``or''; and
(3) by adding at the end the following:
``(C) the National Academy of Sciences, in the
final report issued by the `America's Energy Future:
Technology Opportunities, Risks, and Tradeoffs'
project, and in subsequent reports issued by the
National Academy of Sciences on sustainability, energy,
and alternative fuels;
``(D) the National Institutes of Health, in the
annual report on the rare diseases research activities
of the National Institutes of Health for fiscal year
2005, and in subsequent reports issued by the National
Institutes of Health on rare diseases research
activities; or
``(E) the National Academy of Sciences, in the
final report issued by the `Transit Research and
Development: Federal Role in the National Program'
project and the `Transportation Research, Development
and Technology Strategic Plan (2006-2010)' issued by
the United States Department of Transportation Research
and Innovative Technology Administration, and in
subsequent reports issued by the National Academy of
Sciences and United States Department of Transportation
on transportation and infrastructure;''.
SEC. 4. NANOTECHNOLOGY-RELATED RESEARCH TOPICS.
(a) SBIR.--Section 9(g)(3) of the Small Business Act (15 U.S.C.
638(g)(3)), as amended, is further amended--
(1) at the end of subparagraph (D) by striking ``or'';
(2) at the end of subparagraph (E) by adding ``or''; and
(3) by adding at the end the following:
``(F) the national nanotechnology strategic plan
required under section 2(c)(4) of the 21st Century
Nanotechnology Research and Development Act (15 U.S.C.
7501(c)(4)) and in subsequent reports issued by the
National Science and Technology Council Committee on
Technology, focusing on areas of nanotechnology
identified in such plan;''.
(b) STTR.--Section 9(o)(3) of the Small Business Act (15 U.S.C.
638(o)(3)) is amended--
(1) at the end of subparagraph (A) by striking ``or'';
(2) at the end of subparagraph (B) by adding ``or''; and
(3) by adding at the end the following:
``(C) by the national nanotechnology strategic plan
required under section 2(c)(4) of the 21st Century
Nanotechnology Research and Development Act (15 U.S.C.
7501(c)(4)) and in subsequent reports issued by the
National Science and Technology Council Committee on
Technology, focusing on areas of nanotechnology
identified in such plan;''.
SEC. 5. CLARIFYING THE DEFINITION OF ``PHASE THREE''.
Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is
amended--
(1) in paragraph (4)(C) in the matter preceding clause (i)
by inserting after ``a third phase'' the following: ``, which
shall consist of work that derives from, extends, or logically
concludes efforts performed under prior SBIR funding agreements
(which may be referred to as `Phase III')'';
(2) in paragraph (8) by striking ``and'' at the end;
(3) in paragraph (9) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(10) the term `commercialization' means the process of
developing marketable products or services and producing and
delivering products or services for sale (whether by the
originating party or by others) to government or commercial
markets.''.
SEC. 6. AGENCY RESEARCH GOALS.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
striking subsection (h) and inserting the following:
``(h) Agency Research Goals.--
``(1) In general.--In addition to the requirements of
subsection (f), each Federal agency that is required by this
section to have an SBIR program and that awards annually
$5,000,000,000 or more in procurement contracts shall,
effective for fiscal year 2010 and each fiscal year thereafter,
establish annual goals for commercialization of projects funded
by SBIR awards.
``(2) Specific goals.--The goals required by paragraph (1)
shall include specific goals for each of the following:
``(A) The percentage of SBIR projects that receive
funding for the third phase (as defined in subsection
(e)(4)(C)).
``(B) The percentage of SBIR projects that are
successfully integrated into a program of record.
``(C) The amount of Federal dollars received by
SBIR projects through Federal contracts, not including
dollars received through the SBIR program.
``(3) Submission to committees.--For each fiscal year for
which goals are required by paragraph (1), the agency shall
submit to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate--
``(A) not later than 60 days after the beginning of
the fiscal year, the goals; and
``(B) not later than 90 days after the end of the
fiscal year, data on the extent to which the goals were
met and a description of the methodology used to
collect such data.''.
SEC. 7. COMMERCIALIZATION PROGRAMS.
Section 9 of the Small Business Act (15 U.S.C. 638) as amended, is
further amended, by adding at the end the following:
``(aa) Commercialization Programs.--
``(1) In general.--Each agency required by this section to
conduct an SBIR program shall establish a commercialization
program that supports the progress of SBIR awardees to the
third phase. The commercialization program may include
activities such as partnership databases, partnership
conferences, multiple second phases, mentoring between prime
contractors and SBIR awardees, multiple second phases with
matching private investment requirements, jumbo awards, SBIR
helpdesks, and transition assistance programs. The agency shall
include in its annual report an analysis of the various
activities considered for inclusion in the commercialization
program and a statement of the reasons why each activity
considered was included or not included, as the case may be.
``(2) Funding for commercialization programs.--
``(A) In general.--From amounts made available to
carry out this paragraph, the Administrator may, on
petition by agencies required by this section to
conduct an SBIR program, transfer funds to such
agencies to support the commercialization programs of
such agencies.
``(B) Petitions.--The Administrator shall establish
rules for making transfers under subparagraph (A). The
initial set of rules shall be promulgated not later
than 90 days after the date of the enactment of this
paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to the Administrator to
carry out this paragraph $27,500,000 for fiscal year
2010 and each fiscal year thereafter.
``(3) Funding limitation.--For payment of expenses incurred
to administer the commercialization programs described in
paragraphs (1) and (2), the head of an agency may use not more
than an amount equal to 1 percent of the funds set aside for
the agency's Small Business Innovation Research program. Such
funds--
``(A) shall not be subject to the limitations on
the use of funds in subsection (f)(2); and
``(B) shall not be used for the purpose of funding
costs associated with salaries and expenses of
employees of the Federal Government.''.
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Introduced in House
Introduced in House
Referred to the Subcommittee on Contracting and Technology .
Referred to House Small Business
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.
Referred to House Science and Technology
Referred to the Subcommittee on Technology and Innovation.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .
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