HR 3169 IH: Small Business Act Amendments

Section 501. SHORT TITLE

The Small Business Act is amended by striking the title and inserting: “SOLICITATIONS AND OTHER PROVISIONS”.

Section 502. EFFECTIVE DATE OF THE AMENDMENTS

(a) The amendments made by this section shall take effect on the date of enactment of this Act.

Section 503. DEFINITION OF TERMS

(a) In this Act, the term “SBIR” means Small Business Innovation Research; and the term “STTR” means Small Business Technology Transfer.

(b) The terms “small business concern”, “small business firm”, and “small business” have the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632).

Section 504. COMMERIALIZATION IMPACT ASSESSMENT

(a) The Administrator, shall coordinate with the head of each Federal agency with an SBIR or STTR program to develop an annual commercialization impact assessment, which shall measure, for each small business concern that has received not less than 50 Phase II awards on or after October 1 of the ninth full fiscal year beginning before the fiscal year in which the assessment is carried out—

(A) the total dollar value of Federal awards, including subgrants, contracts, and subcontracts, other than SBIR or STTR awards received by the small business concern in the preceding 9 fiscal years;
(B) the total dollar value of all SBIR and STTR Phase I and Phase II awards received by the small business concern in the preceding 9 fiscal years;
(C) the average annual gross revenue of the small business concern over the preceding 9 fiscal years;
(D) the total revenue of the small business concern received or realized in the preceding 9 fiscal years from the sale or licensing of any product or service resulting from research conduct under an SBIR or STTR award, disaggregated by the revenue from such sales and the revenue from such licensing;
(E) additional investments in the small business concern from any source, other than a Phase I or Phase II SBIR or STTR award, to further the research and development conducted under an SBIR or STTR award received by the small business concern in the preceding 9 fiscal years;
(F) any mergers and acquisitions of SBIR or STTR award recipients during or after the completion of a Phase II award;
(G) any new, unique spin-out companies and third party revenues from any business in the preceding 9 fiscal years resulting from research conducted by the small business concern under an SBIR or STTR award;
(H) the year in which the first Phase II award was received by the small business concern and the total number of employees of the small business concern at the time of first Phase II award;
(I) the number of employees, as of the end of the most recently completed fiscal year, and
(J) the total number and value of Phase III awards received by the small business concern.

The Administrator shall create a report on the findings of each commercialization impact assessment and shall—

(A) include such report in the annual report required under subsection (b)(7); and
(B) submit such report to—

(i) the Committee on Small Business and Entrepreneurship of the Senate;
(ii) the Committees on Science, Space, and Technology and on Small Business of the House of Representatives.

Section 601. INCLUSION OF SBICs IN THE SBIR AND STTR PROGRAMS

The amendments made by section 505 shall be applied only with respect to awards made under an Small Business Innovation Research Program (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638)) after the date of the enactment of this Act.