§ 657d. — Federal and State Technology Partnership Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC657d]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 657d. Federal and State Technology Partnership Program
(a) Definitions
In this section and section 657e of this title, the following
definitions apply:
(1) Applicant
The term ``applicant'' means an entity, organization, or
individual that submits a proposal for an award or a cooperative
agreement under this section.
(2) Business advice and counseling
The term ``business advice and counseling'' means providing
advice and assistance on matters described in section 657e(c)(2)(B)
of this title to small business concerns to guide them through the
SBIR and STTR program process, from application to award and
successful completion of each phase of the program.
(3) FAST program
The term ``FAST program'' means the Federal and State Technology
Partnership Program established under this section.
(4) Mentor
The term ``mentor'' means an individual described in section
657e(c)(2) of this title.
(5) Mentoring Network
The term ``Mentoring Network'' means an association,
organization, coalition, or other entity (including an individual)
that meets the requirements of section 657e(c) of this title.
(6) Recipient
The term ``recipient'' means a person that receives an award or
becomes party to a cooperative agreement under this section.
(7) SBIR program
The term ``SBIR program'' has the same meaning as in section
638(e)(4) of this title.
(8) State
The term ``State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, and American Samoa.
(9) STTR program
The term ``STTR program'' has the same meaning as in section
638(e)(6) of this title.
(b) Establishment of Program
The Administrator shall establish a program to be known as the
Federal and State Technology Partnership Program, the purpose of which
shall be to strengthen the technological competitiveness of small
business concerns in the States.
(c) Grants and cooperative agreements
(1) Joint review
In carrying out the FAST program under this section, the
Administrator and the SBIR program managers at the National Science
Foundation and the Department of Defense shall jointly review
proposals submitted by applicants and may make awards or enter into
cooperative agreements under this section based on the factors for
consideration set forth in paragraph (2), in order to enhance or
develop in a State--
(A) technology research and development by small business
concerns;
(B) technology transfer from university research to
technology-based small business concerns;
(C) technology deployment and diffusion benefiting small
business concerns;
(D) the technological capabilities of small business
concerns through the establishment or operation of consortia
comprised of entities, organizations, or individuals,
including--
(i) State and local development agencies and entities;
(ii) representatives of technology-based small business
concerns;
(iii) industries and emerging companies;
(iv) universities; and
(v) small business development centers; and
(E) outreach, financial support, and technical assistance to
technology-based small business concerns participating in or
interested in participating in an SBIR program, including
initiatives--
(i) to make grants or loans to companies to pay a
portion or all of the cost of developing SBIR proposals;
(ii) to establish or operate a Mentoring Network within
the FAST program to provide business advice and counseling
that will assist small business concerns that have been
identified by FAST program participants, program managers of
participating SBIR agencies, the Administration, or other
entities that are knowledgeable about the SBIR and STTR
programs as good candidates for the SBIR and STTR programs,
and that would benefit from mentoring, in accordance with
section 657e of this title;
(iii) to create or participate in a training program for
individuals providing SBIR outreach and assistance at the
State and local levels; and
(iv) to encourage the commercialization of technology
developed through SBIR program funding.
(2) Selection considerations
In making awards or entering into cooperative agreements under
this section, the Administrator and the SBIR program managers
referred to in paragraph (1)--
(A) may only consider proposals by applicants that intend to
use a portion of the Federal assistance provided under this
section to provide outreach, financial support, or technical
assistance to technology-based small business concerns
participating in or interested in participating in the SBIR
program; and
(B) shall consider, at a minimum--
(i) whether the applicant has demonstrated that the
assistance to be provided would address unmet needs of small
business concerns in the community, and whether it is
important to use Federal funding for the proposed
activities;
(ii) whether the applicant has demonstrated that a need
exists to increase the number or success of small high-
technology businesses in the State, as measured by the
number of first phase and second phase SBIR awards that have
historically been received by small business concerns in the
State;
(iii) whether the projected costs of the proposed
activities are reasonable;
(iv) whether the proposal integrates and coordinates the
proposed activities with other State and local programs
assisting small high-technology firms in the State;
(v) the manner in which the applicant will measure the
results of the activities to be conducted; and
(vi) whether the proposal addresses the needs of small
business concerns--
(I) owned and controlled by women;
(II) owned and controlled by minorities; and
(III) located in areas that have historically not
participated in the SBIR and STTR programs.
(3) Proposal limit
Not more than one proposal may be submitted for inclusion in the
FAST program under this section to provide services in any one State
in any 1 fiscal year.
(4) Process
Proposals and applications for assistance under this section
shall be in such form and subject to such procedures as the
Administrator shall establish. The Administrator shall promulgate
regulations establishing standards for the consideration of
proposals under paragraph (2), including standards regarding each of
the considerations identified in paragraph (2)(B).
(d) Cooperation and coordination
In carrying out the FAST program under this section, the
Administrator shall cooperate and coordinate with--
(1) Federal agencies required by section 638 of this title to
have an SBIR program; and
(2) entities, organizations, and individuals actively engaged in
enhancing or developing the technological capabilities of small
business concerns, including--
(A) State and local development agencies and entities;
(B) State committees established under the Experimental
Program to Stimulate Competitive Research of the National
Science Foundation (as established under section 1862g of title
42);
(C) State science and technology councils; and
(D) representatives of technology-based small business
concerns.
(e) Administrative requirements
(1) Competitive basis
Awards and cooperative agreements under this section shall be
made or entered into, as applicable, on a competitive basis.
(2) Matching requirements
(A) In general
The non-Federal share of the cost of an activity (other than
a planning activity) carried out using an award or under a
cooperative agreement under this section shall be--
(i) 50 cents for each Federal dollar, in the case of a
recipient that will serve small business concerns located in
one of the 18 States receiving the fewest SBIR first phase
awards (as described in section 638(e)(4)(A) of this title);
(ii) except as provided in subparagraph (B), 1 dollar
for each Federal dollar, in the case of a recipient that
will serve small business concerns located in one of the 16
States receiving the greatest number of such SBIR first
phase awards; and
(iii) except as provided in subparagraph (B), 75 cents
for each Federal dollar, in the case of a recipient that
will serve small business concerns located in a State that
is not described in clause (i) or (ii) that is receiving
such SBIR first phase awards.
(B) Low-income areas
The non-Federal share of the cost of the activity carried
out using an award or under a cooperative agreement under this
section shall be 50 cents for each Federal dollar that will be
directly allocated by a recipient described in subparagraph (A)
to serve small business concerns located in a qualified census
tract, as that term is defined in section 42(d)(5)(C)(ii) of
title 26. Federal dollars not so allocated by that recipient
shall be subject to the matching requirements of subparagraph
(A).
(C) Types of funding
The non-Federal share of the cost of an activity carried out
by a recipient shall be comprised of not less than 50 percent
cash and not more than 50 percent of indirect costs and in-kind
contributions, except that no such costs or contributions may be
derived from funds from any other Federal program.
(D) Rankings
For purposes of subparagraph (A), the Administrator shall
reevaluate the ranking of a State once every 2 fiscal years,
beginning with fiscal year 2001, based on the most recent
statistics compiled by the Administrator.
(3) Duration
Awards may be made or cooperative agreements entered into under
this section for multiple years, not to exceed 5 years in total.
(f) Reports
(1) Initial report
Not later than 120 days after December 21, 2000, the
Administrator shall prepare and submit to the Committee on Small
Business of the Senate and the Committee on Science and the
Committee on Small Business of the House of Representatives a
report, which shall include, with respect to the FAST program,
including Mentoring Networks--
(A) a description of the structure and procedures of the
program;
(B) a management plan for the program; and
(C) a description of the merit-based review process to be
used in the program.
(2) Annual reports
The Administrator shall submit an annual report to the Committee
on Small Business of the Senate and the Committee on Science and the
Committee on Small Business of the House of Representatives
regarding--
(A) the number and amount of awards provided and cooperative
agreements entered into under the FAST program during the
preceding year;
(B) a list of recipients under this section, including their
location and the activities being performed with the awards made
or under the cooperative agreements entered into; and
(C) the Mentoring Networks and the mentoring database, as
provided for under section 657e of this title, including--
(i) the status of the inclusion of mentoring information
in the database required by section 638(k) of this title;
and
(ii) the status of the implementation and description of
the usage of the Mentoring Networks.
(g) Reviews by Inspector General
(1) In general
The Inspector General of the Administration shall conduct a
review of--
(A) the extent to which recipients under the FAST program
are measuring the performance of the activities being conducted
and the results of such measurements; and
(B) the overall management and effectiveness of the FAST
program.
(2) Report
During the first quarter of fiscal year 2004, the Inspector
General of the Administration shall submit a report to the Committee
on Small Business of the Senate and the Committee on Science and the
Committee on Small Business of the House of Representatives on the
review conducted under paragraph (1).
(h) Program levels
(1) In general
There is authorized to be appropriated to carry out the FAST
program, including Mentoring Networks, under this section and
section 657e of this title, $10,000,000 for each of fiscal years
2001 through 2005.
(2) Mentoring database
Of the total amount made available under paragraph (1) for
fiscal years 2001 through 2005, a reasonable amount, not to exceed a
total of $500,000, may be used by the Administration to carry out
section 657e(d) of this title.
(i) Termination
The authority to carry out the FAST program under this section shall
terminate on September 30, 2005.
(Pub. L. 85-536, Sec. 2[34], as added Pub. L. 106-554, Sec. 1(a)(9)
[title I, Sec. 111(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-674;
amended Pub. L. 107-50, Sec. 8, Oct. 15, 2001, 115 Stat. 265.)
Prior Provisions
A prior section 2[34] of Pub. L. 85-536 was renumbered section 2[36]
and is set out as a note under section 631 of this title.
Amendments
2001--Subsec. (c)(2)(B)(vi). Pub. L. 107-50, Sec. 8(a), added cl.
(vi).
Subsec. (c)(4). Pub. L. 107-50, Sec. 8(b), inserted at end ``The
Administrator shall promulgate regulations establishing standards for
the consideration of proposals under paragraph (2), including standards
regarding each of the considerations identified in paragraph (2)(B).''
Findings
Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 111(a)], Dec. 21, 2000,
114 Stat. 2763, 2763A-674, provided that: ``Congress finds that--
``(1) programs to foster economic development among small high-
technology firms vary widely among the States;
``(2) States that do not aggressively support the development of
small high-technology firms, including participation by small
business concerns in the SBIR program, are at a competitive
disadvantage in establishing a business climate that is conducive to
technology development; and
``(3) building stronger national, State, and local support for
science and technology research in these disadvantaged States will
expand economic opportunities in the United States, create jobs, and
increase the competitiveness of the United States in the world
market.''
Section Referred to in Other Sections
This section is referred to in section 657e of this title.
