Summary: H.R.4400 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (08/11/1992)

Small Business Innovation Development Amendment Act of 1992 - Amends the Small Business Innovation Development Act of 1982 to extend the Small Business Innovation Research (SBIR) Program from October 1, 1993, to October 1, 2000.

Amends the Small Business Act, regarding small business eligibility for Federal agency research and development awards, to include in the three-phase evaluation process determining the technological feasibility of ideas, those ideas that appear to have commercial potential.

Includes amounts obligated within the Department of Defense (DOD) solely for operational systems development within the definition of "extramural budget." Excludes from such definition amounts obligated within the Department of Energy (DOE) solely for weapons activities or for naval reactors programs.

Prescribes minimum SBIR expenditure amounts for FY 1993 through 1998 and thereafter for each Federal agency which in any fiscal year has an extramural budget for research, or research and development, in excess of $100,000,000. Requires the head of each qualifying Federal agency during FY 1996 to determine whether there has been a demonstrable reduction in the quality of research performed under funding agreements awarded by that agency under the SBIR program since the beginning of FY 1993 such that increasing the expenditure percentages beyond the FY 1996 level would adversely affect the performance of that agency's research programs. Requires the post-FY 1996 expenditure limits to remain at the FY 1996 level if a demonstrable reduction in research quality is found by such agency head. Directs the Comptroller General to report his recommendation with respect to such determination to the head of each such agency and the Congress.

Requires each Federal agency that is required to establish an SBIR program to: (1) determine unilaterally research topics within its SBIR solicitations, giving special consideration to topics which permit substantial applicant participation in research project formulation; and (2) make payments in full to SBIR funding agreement recipients, subject to specified audit deadlines.

Directs the Administrator of the Small Business Administration (the Administrator) to issue directives for the conduct of general SBIR policy to provide for: (1) rights to data; (2) continued use of agency property; (3) follow-on contracts; (4) increased amounts of Phase 1 awards; and (5) documentation by small business concerns that have received more than 20 Phase I awards during the preceding five fiscal years of the extent of the commercialization of the previous SBIR research.

Repeals the requirement for an annual report by the Office of Science and Technology Policy.

Provides that if a Federal agency required to establish an SBIR program makes an SBIR solicitation award for which it receives only one proposal, it shall provide written justification of such award in its next annual report. Requires certain justification for the award of a Phase II award to small business recipients of more than 20 Phase I awards which have not been able to achieve an average rate of commercialization in their SBIR research.

Requires each Federal agency to inform each awardee under a research funding agreement of the allowable expenses to be included under the funding agreement.

Requires the Comptroller General to report to the Congress on specified changes to the SBIR Program made by this Act.

Expresses the sense of the Congress that an entity awarded a funding agreement under the SBIR Program should, when purchasing equipment or products with such funds, purchase only American-made equipment and products to the extent possible.

Amends the Small Business Act to declare that it is the duty of the Small Business Administration to develop and maintain a source file and information program to assure small business concerns the opportunity to participate in Federal agency small business technology transfer (STTR) programs, under which a portion of a Federal agency's research and development effort is reserved for small business concerns for cooperative research and development through a specified three-phased process paralleling the SBIR process.

Requires each Federal agency with a research and development budget exceeding $1,000,000,000 in any fiscal year to expend specified percentages of such amount during FY 1994 through 1998 and thereafter with small business concerns in connection with an STTR program meeting prescribed requirements and regulations. Requires the head of each qualifying Federal agency and the Comptroller General to make determinations identical to those made under the SBIR Program with respect to whether there has been a demonstrable reduction in the quality of research performed under funding agreements to support continuation of the expansion of the STTR programs for fiscal years after 1996. Outlines specified requirements to be followed by each qualifying Federal agency establishing a STTR program under this Act. Requires the SBA to issue policy directives for the general conduct of the STTR programs within the Government. Requires such directives to be issued after consultation with Federal agencies establishing a STTR program.

Directs the Comptroller General to report to the Congress by September 30, 1996, on the implementation of the STTR programs required to be established under this Act. Requires such report to be prepared after consultation with economists who study technological change.

Provides that a Federal agency may enter into a Phase III contract with a small business concern that is awarded a Phase II funding agreement under an SBIR or STTR program for additional work to be performed during or after the Phase II period. Requires each funding agreement under an SBIR or STTR program to include provisions setting forth the respective rights of the United States and the small business concern with respect to intellectual property rights and rights to carry out follow-on research.