Don't Ask, Don't Tell Repeal Act of 2010

Bill: 111-hr-2965
Sponsor: Rep. Altmire, Jason [D-PA-4]
Introduced: 2009-06-19 in the House
Policy area: Commerce
Subjects: Accounting and auditing
Administrative law and regulatory procedures
Advanced technology and technological innovations
Advisory bodies
Alternative and renewable resources
Business investment and capital
Congressional oversight
Department of Defense
Energy research
Executive agency funding and structure
Government information and archives
Government studies and investigations
Health programs administration and funding
Intellectual property
Medical research
Military personnel and dependents
Military procurement, research, weapons development
Minority and disadvantaged businesses
Performance measurement
Product development and innovation
Public contracts and procurement
Research administration and funding
Research and development
Rural conditions and development
Sex, gender, sexual orientation discrimination
Small Business Administration
Small business
Technology transfer and commercialization
Veterans' education, employment, rehabilitation
Women in business

Summary:
action_date: 2009-06-19
text: 
Enhancing Small Business Research and Innovation Act of 2009 - Amends the Small Business Act with respect to the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs to extend funding and revise provisions, including those concerning qualifications for program participation, research and development topics, nanotechnology, project goals for funded projects, project commercialization, second and third stage funding of projects, outreach to increase program participation, prioritization of applications, and federal administration and oversight.

action_date: 2009-07-13
text: 
SBIR/STTR Reauthorization Act of 2009 - 
Title I: Reauthorization of the SBIR and STTR Programs 
- (Sec. 101) Amends the Small Business Act (the Act) to reauthorize through FY2017 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs of the Small Business Administration (SBA).
 
(Sec. 102) Directs the SBA to maintain an Office of Technology to carry out oversight, reporting, and public database responsibilities as assigned by the SBA Administrator.
 
(Sec. 103) Increases by 0.1% per year, from FY2011-FY2020, the percentage of participating federal agencies' extramural research budget to be set aside for SBIR program activities. Requires the Department of Defense (DOD) and Department of Energy (DOE) to use the increased amounts for activities in their departments that further the readiness levels of technologies developed under Phase II SBIR awards.
 
Sec. 104) Increases the set-aside allocation under the STTR from 0.3% to 0.6% by increasing such percentage by 0.1% every two years from FY2011-FY2015.
 
(Sec. 105) Increases, for both the SBIR and STTR programs, the individual small business award levels from: (1) $100,000 to $150,000, for participation at the Phase I level; and (2) $750,000 to $1 million, for participation at the Phase II level. Changes from every five to every three years the required SBA inflation adjustment of such awards. Prohibits an agency from issuing an SBIR or STTR award if the award size exceeds established guidelines by more than 50%, and requires participating agencies to maintain specified information on awards exceeding such guidelines.
 
(Sec. 106) Allows a small business that receives an: (1) SBIR award from one agency to receive an award for a subsequent phase from another agency, as long as the head of each agency determines that the topics of the relevant awards are the same; and (2) award under either the SBIR or STTR program to receive an award for a subsequent phase under either program.
 
(Sec. 107) Requires federal agencies to conduct solicitations of Phase II SBIR and STTR proposals without any invitation, pre-screening, pre-selection, or down-selection process between the first and second phases.
 
(Sec. 108) Authorizes the Director of the National Institutes of Health (NIH), 30 days after notifying the Administrator and the congressional small business committees, to award up to 18% of NIH SBIR funds to small businesses majority-owned by multiple venture capital companies. Permits other federal agencies to award up to 8% of their SBIR funds to such small businesses. Directs the Administrator to establish requirements relating to the affiliation of small businesses with venture capital companies for such purposes, and requires such small businesses to register with the SBA. Provides for federal agency compliance with such percentage limits. Directs the Administrator to post on the SBA website information on SBIR program affiliation standards.
 
(Sec. 109) Requires federal agencies and federal prime contractors, to the greatest extent practicable, to issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.
 
(Sec. 110) Authorizes the head of each participating federal agency to issue SBIR and STTR awards to small businesses that have entered, or intend to enter, into a collaborative research and development (R&D) agreement with a federal laboratory or federally funded research and development center. Prohibits a federal agency from: (1) conditioning an award upon entering into such an agreement; (2) approving an agreement if the small business performs a lesser portion of the R&D activities than required by the Act and by SBIR and STTR Policy Directives; or (3) approving an agreement that violates any SBA provision or such Directives. Requires the Administrator to modify such Directives to ensure that small businesses may use the resources of federal laboratories or federally funded research and development centers without entering into such agreements.
 
(Sec. 111) Requires any federal agency involved in a judicial or administrative case or controversy concerning the SBIR or STTR program to provide timely notice thereof to the Administrator.
 

Title II: Outreach and Commercialization Initiatives 
- (Sec. 201) Reauthorizes through FY2014 the Federal and State Technology Partnership (FAST) and Rural Outreach programs. Increases the annual authorization for the latter program. Provides reduced matching funds requirements for FAST recipients in rural areas, recipients in one of the states receiving the fewest SBIR Phase I awards, and recipients in rural areas which are also in one of states receiving the fewest number of awards.
 
(Sec. 202) Directs the Administrator to establish a SBIR-STEM (science, technology, engineering, and mathematics) workforce development grant pilot program to encourage the business community to provide workforce development opportunities for college students in such fields by providing an SBIR grant to be used for internships. Requires the Administrator to report to Congress on pilot program results. Authorizes appropriations.
 
(Sec. 203) Increases the discretionary technical assistance that SBIR and STTR agencies can provide to awardees (by contracting out) from $4,000 to $5,000 for Phase I awards, and from $4,000 to $5,000 per year for Phase II awards. Allows awardees to use such amounts to select their own technical assistance contractor in lieu of the vendor selected by the agency.
 
(Sec. 204) Makes permanent DOD's Commercialization Pilot Program (CPP), and extends such program to the STTR program. (Currently, the Commercialization Pilot Program is only authorized to be utilized under the SBIR program.) Authorizes the Secretary of Defense to establish goals for transitioning Phase III technologies in subcontracting plans for contracts of $100 million or more. Requires the Secretary to: (1) set a goal of increasing the number of Phase II contracts that lead to technology transition into DOD programs of record or fielded systems; (2) use incentives to encourage DOD agency program managers and prime contractors to meet such goal; and (3) include within annual congressional reporting requirements information on the status of projects funded through the CPP.
 
(Sec. 205) Authorizes the head of each federal agency other than DOD to set aside up to 10% of SBIR and STTR funds for further technology development, testing, and evaluation of SBIR and STTR Phase II technologies. Prohibits a federal agency from establishing a pilot program for such purposes until 90 days after submitting to the Administrator a compelling reason that additional investment in SBIR or STTR technology is necessary. Allows qualifying agencies to make an award for such a pilot program of up to three times the amount generally established for Phase II awards. Provides a matching funds requirement. Requires any applicant receiving an award under such a pilot program to register with the SBA in a publicly-available registry. Terminates at the end of FY2014 the authority to establish such a pilot program.
 
(Sec. 206) Requires each federal SBIR/STTR participant to encourage the submission of applications for support of nanotechnology-related projects.
 
(Sec. 207) Establishes an advisory board at the National Academy of Sciences (NAS) to conduct periodic SBIR program evaluations in order to improve program management through data-driven assessment. Requires the director of the NIH SBIR program to address gaps and deficiencies in data collection identified in a NAS report assessing the NIH's SBIR program. Authorizes such director to initiate a pilot program to spur innovation and test new strategies that may enhance the development of cures and therapies. Requires such director to report annually to Congress and the advisory board on NIH SBIR activities. Requires such director, to the greatest extent practicable, to reduce to six months the period between Phase I and II funding of grants under the NIH SBIR program. Terminates the requirements of this section five years after the enactment of this Act.
 

Title III: Oversight and Evaluation
 - (Sec. 301) Directs the SBA, in currently-required annual reports, to include information on: (1) proposals received from small businesses with venture capital investment; (2) efforts to increase outreach to small businesses owned and controlled by women and socially or economically disadvantaged individuals; (3) implementation and compliance with requirements concerning the allocation of funding to small businesses owned and controlled by multiple venture capital companies; and (4) appeals of Phase III awards, as well as notices of noncompliance with SBIR and STTR Policy Directives. Directs the SBA to coordinate the implementation of electronic databases at participating federal agencies.
 
(Sec. 302) Requires agencies with an SBIR or STTR program to annually collect information similar to that outlined above for program assessment purposes.
 
(Sec. 304) Requires specified information to be included in public and government databases maintained by the SBA concerning SBIR and STTR awardees.
 
(Sec. 306) Directs the Comptroller General (CG), every three years, to: (1) conduct a fiscal and management audit of the SBIR and STTR programs; and (2) report audit results to the small business committees.
 
(Sec. 307) Amends the Small Business Reauthorization Act of 2000 to continue NAS evaluation of the SBIR program, as well as reports on such evaluation from the National Research Council to participating agency heads and the small business committees. Requires updates every four years.
 
(Sec. 308) Requires the SBA to include in an annual report to Congress specified information on Phase III awards issued by federal agencies participating in the SBIR and STTR programs.
 
(Sec. 309) Directs the CG to conduct a study of, and report to the small business committees on, federal agency compliance with data rights and technologies protection for SBIR awardees.
 

Title IV: Policy Directives
 - (Sec. 401) Requires the Administrator: (1) within 180 days after the enactment of this Act, to promulgate amendments to the SBIR and STTR Policy Directives to conform them to this Act and its amendments; and (2) publish the amended Directives in the Federal Register.
 
(Sec. 402) Requires each federal agency participating in the SBIR or STTR program to encourage the submission of applications for the support of projects relating to security, energy, transportation, or improving the security and quality of the U.S. water supply. Terminates such requirement at the end of FY2014.
 
(Sec. 403) Directs each federal agency required to participate in the SBIR or STTR program to: (1) develop metrics evaluating the effectiveness and benefit of the program which are scientifically based, reflect the agency's mission, and include factors relating to the economic impact of the programs; (2) conduct an annual evaluation of their SBIR and STTR programs using such metrics; and (3) report each evaluation's results to the Administrator and the small business committees.
 
(Sec. 404) Requires competitive and merit-based selection procedures to be used in the award of projects under the SBIR and STTR programs.

action_date: 2010-12-15
text: 
Don't Ask, Don't Tell Repeal Act of 2010 - Provides for repeal of the current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces, to be effective 60 days after the Secretary of Defense has received DOD's comprehensive review on the implementation of such repeal, and the President, Secretary, and Chairman of the Joint Chiefs of Staff (JCS) certify to the congressional defense committees that they have considered the report and proposed plan of action, that DOD has prepared the necessary policies and regulations to exercise the discretion provided by such repeal, and that implementation of such policies and regulations is consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention. Provides that, until such time as the above conditions are met, the current policy shall remain in effect.

action_date: 2010-12-22
text: 

(This measure has not been amended since the House agreed to the Senate amendment with an amendment on December 15, 2010. The summary of that version is repeated here.)

 
Don't Ask, Don't Tell Repeal Act of 2010 - Provides for repeal of the current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces, to be effective 60 days after the Secretary of Defense has received DOD's comprehensive review on the implementation of such repeal, and the President, Secretary, and Chairman of the Joint Chiefs of Staff (JCS) certify to the congressional defense committees that they have considered the report and proposed plan of action, that DOD has prepared the necessary policies and regulations to exercise the discretion provided by such repeal, and that implementation of such policies and regulations is consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention. Provides that, until such time as the above conditions are met, the current policy shall remain in effect.


Legislative actions:
action_date: 2010-12-22
text: Became Public Law No: 111-321.
action_date: 2010-12-22
text: Became Public Law No: 111-321.
action_date: 2010-12-22
text: Signed by President.
action_date: 2010-12-22
text: Signed by President.
action_date: 2010-12-21
text: Presented to President.
action_date: 2010-12-21
text: Presented to President.
action_date: 2010-12-18
text: Cleared for White House.
action_date: 2010-12-18
text: Message on Senate action sent to the House.
action_date: 2010-12-18
text: Senate agreed to House amendment to Senate amendment by Yea-Nay Vote. 65 - 31. Record Vote Number: 281. (consideration: CR S10684)
action_date: 2010-12-18
text: Resolving differences -- Senate actions: Senate agreed to House amendment to Senate amendment by Yea-Nay Vote. 65 - 31. Record Vote Number: 281.(consideration: CR S10684)
action_date: 2010-12-18
text: Reid motion to concur in the House amendment to Senate amendment with an amendment (SA 4827) withdrawn in Senate. (consideration: CR S10684)
action_date: 2010-12-18
text: Motion by Senator Reid to refer to Senate Committee on Armed Services the House message to accompany the bill (HR 2965) with instructions to report back forthwith with amendment SA 4829 fell when cloture was invoked on the motion to agree to the House amendment to Senate amendment in Senate.
action_date: 2010-12-18
text: Cloture on the motion to agree to the House amendment to Senate amendment invoked in Senate by Yea-Nay Vote. 63 - 33. Record Vote Number: 279. (consideration: CR S10666-10667; text: CR S10666)
action_date: 2010-12-18
text: Considered by Senate. (consideration: CR S10666-10667, S10668-10684)
action_date: 2010-12-16
text: Motion by Senator Reid to refer to Senate Committee on Armed Services the House message to accompany the bill (HR 2965) with instructions to report back forthwith with amendment SA 4829 made in Senate.
action_date: 2010-12-16
text: Reid motion to concur in the House amendment to Senate amendment with an amendment (SA 4827) made in Senate.
action_date: 2010-12-16
text: Cloture motion on the motion to agree to the House amendment to Senate amendment presented in Senate. (consideration: CR S10386; text: CR S10386)
action_date: 2010-12-16
text: Reid motion to agree to House amendment to Senate amendment made in Senate.
action_date: 2010-12-16
text: Considered by Senate. (consideration: CR S10386-10387)
action_date: 2010-12-16
text: Message on House action received in Senate and at desk: House amendment to Senate amendment.
action_date: 2010-12-15
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-12-15
text: On motion that the House agree with an amendment to the Senate amendment Agreed to by the Yeas and Nays: 250- 175 (Roll no. 638) (text as House agreed to Senate amendment with an amendment: CR H8390-8396)
action_date: 2010-12-15
text: Resolving differences -- House actions: On motion that the House agree with an amendment to the Senate amendment Agreed to by the Yeas and Nays: 250- 175 (Roll no. 638)(text as House agreed to Senate amendment with an amendment: CR H8390-8396)
action_date: 2010-12-15
text: The previous question was ordered pursuant to the rule. (consideration: CR H8410)
action_date: 2010-12-15
text: DEBATE - Pursuant to the provisions of H.Res. 1764, the House proceeded with 1 hour of debate on the motion to agree to the Senate amendment to H.R. 2965 with an amendment.
action_date: 2010-12-15
text: Mrs. Davis (CA) moved that the House agree with an amendment to the Senate amendment. (consideration: CR H8390-8410)
action_date: 2010-12-15
text: Pursuant to the provisions of H.Res. 1764, the Chair recognized Mrs. Davis of California for a motion.
action_date: 2009-07-14
text: Message on Senate action sent to the House.
action_date: 2009-07-13
text: See also S. 1233.
action_date: 2009-07-13
text: Passed Senate in lieu of S. 1233 with an amendment by Unanimous Consent. (text: CR S7433-7439)
action_date: 2009-07-13
text: Passed/agreed to in Senate: Passed Senate in lieu of S. 1233 with an amendment by Unanimous Consent.(text: CR S7433-7439)
action_date: 2009-07-13
text: Senate struck all after the Enacting Clause and substituted the language of S. 1233 amended.
action_date: 2009-07-13
text: Measure laid before Senate by unanimous consent. (consideration: CR S7433-7439)
action_date: 2009-07-09
text: Received in the Senate, read twice.
action_date: 2009-07-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-07-08
text: On passage Passed by recorded vote: 386 - 41 (Roll no. 486).
action_date: 2009-07-08
text: Passed/agreed to in House: On passage Passed by recorded vote: 386 - 41 (Roll no. 486).
action_date: 2009-07-08
text: Motion to appeal the ruling of the chair tabled.
action_date: 2009-07-08
text: On motion to table the motion to appeal the ruling of the chair Agreed to by recorded vote: 246 - 181 (Roll no. 485).
action_date: 2009-07-08
text: Ms. Velazquez moved to table the motion to appeal the ruling of the chair
action_date: 2009-07-08
text: Mr. Simpson appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair. (consideration: CR H7779)
action_date: 2009-07-08
text: Point of order sustained against the motion to recommit with instructions.
action_date: 2009-07-08
text: Ms. Velazquez raised a point of order against the motion to recommit with instructions. The provisions of the motion to recommit contain language that is not germane. Sustained by the Chair.
action_date: 2009-07-08
text: DEBATE - The House proceeded with ten minutes of debate on the Simpson motion to recommit with instructions. The instructions contained in the motion seek to add a section at the end of the bill titled the Sense of Congress on Regular Order on Appropriations Bills.
action_date: 2009-07-08
text: Mr. Simpson moved to recommit with instructions to Small Business. (consideration: CR H7779; text: CR H7779)
action_date: 2009-07-08
text: On agreeing to the Committee amendment in the nature of a substitute Agreed to by recorded vote: 411 - 15 (Roll no. 484).
action_date: 2009-07-08
text: Mr. Price (GA) demanded a recorded vote on the Committee amendment in the nature of a substitute.
action_date: 2009-07-08
text: The Chair put the question on adoption of the Committee amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union, and by voice vote announced that the ayes had prevailed.
action_date: 2009-07-08
text: The previous question was ordered pursuant to the rule. (consideration: CR H7778)
action_date: 2009-07-08
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2965.
action_date: 2009-07-08
text: DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 10 minutes if debate on the Paulsen amendment.
action_date: 2009-07-08
text: DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 10 minutes if debate on the Reichert amendment.
action_date: 2009-07-08
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Kosmas amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Ms. Kosmas demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
action_date: 2009-07-08
text: DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 10 minutes if debate on the Kosmas amendment.
action_date: 2009-07-08
text: DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 10 minutes if debate on the Brown-Waite amendment.
action_date: 2009-07-08
text: DEBATE - Pursuant to the provisions of H.Res. 610, the Committee of the Whole proceeded with 30 minutes if debate on the Velazquez amendment.
action_date: 2009-07-08
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2965.
action_date: 2009-07-08
text: The Speaker designated the Honorable Mike Ross to act as Chairman of the Committee.
action_date: 2009-07-08
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 610 and Rule XVIII.
action_date: 2009-07-08
text: Rule provides for consideration of H.R. 2965 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. In lieu of the amendment recommended by the Committee on Science and Technology now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Small Business now printed in the bill.
action_date: 2009-07-08
text: Considered under the provisions of rule H. Res. 610. (consideration: CR H7757-7781; text of measure as reported in House: CR H7763-7771)
action_date: 2009-07-08
text: Rule H. Res. 610 passed House.
action_date: 2009-07-07
text: Rules Committee Resolution H. Res. 610 Reported to House. Rule provides for consideration of H.R. 2965 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. In lieu of the amendment recommended by the Committee on Science and Technology now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Small Business now printed in the bill.
action_date: 2009-07-07
text: Placed on the Union Calendar, Calendar No. 102.
action_date: 2009-07-07
text: Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-190, Part II.
action_date: 2009-07-07
text: Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-190, Part II.
action_date: 2009-06-26
text: House Committee on Science and Technology Granted an extension for further consideration ending not later than July 7, 2009.
action_date: 2009-06-26
text: Reported (Amended) by the Committee on Small Business. H. Rept. 111-190, Part I.
action_date: 2009-06-26
text: Reported (Amended) by the Committee on Small Business. H. Rept. 111-190, Part I.
action_date: 2009-06-25
text: Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 0.
action_date: 2009-06-25
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-06-24
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2009-06-24
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-06-19
text: Referred to House Science and Technology
action_date: 2009-06-19
text: 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.
action_date: 2009-06-19
text: Referred to House Small Business
action_date: 2009-06-19
text: Introduced in House
action_date: 2009-06-19
text: Introduced in House
action_date: 2009-04-23
text: Hearings Held by the Subcommittee on Technology and Innovation Prior to Introduction and Referral.

Enacted as: number: 111-321