15 U.S.C. § 657d — Federal and State Technology Partner-

Page 1060 TITLE 15—COMMERCE AND TRADE § 657c (vi) making other improvements relating to the sup- port for veterans business development by the Federal Government; and (c) not later than 1 year after its first meeting and annually thereafter, forward to the President a report on the performance of its functions, including any pro- posals developed pursuant to subsection (b) of this sec- tion. SEC. 4. General Provisions. (a) The Small Business Ad- ministration shall provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations. (b) Nothing in this order shall be construed to impair or otherwise effect [sic]: (i) authority granted by law to an executive depart- ment, agency, or the head thereof; and (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (c) Insofar as the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (FACA), may apply to the Task Force, any func- tions of the President under the FACA, except for those in section 6 of the FACA, shall be performed by the Ad- ministrator in accordance with guidelines issued by the Administrator of General Services. (d) This order is not intended to and does not create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. EXTENSION OF TERM OF INTERAGENCY TASK FORCE ON VETERANS SMALL BUSINESS DEVELOPMENT Term of Interagency Task Force on Veterans Small Business Development extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Or- ganization and Employees. Previous extensions of term of Interagency Task Force on Veterans Small Business Development were contained in the following prior Executive Orders: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, ex- tended term until Sept. 30, 2021. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, ex- tended term until Sept. 30, 2013. § 657c. Repealed. Pub. L. 112–239, div. A, title XVI, § 1699(a), Jan. 2, 2013, 126 Stat. 2092 Section, Pub. L. 85–536, § 2[33], as added Pub. L. 106–50, title II, § 202(a), Aug. 17, 1999, 113 Stat. 236; amended Pub. L. 106–554, § 1(a)(9) [title VIII, § 808], Dec. 21, 2000, 114 Stat. 2763, 2763A–706; Pub. L. 108–447, div. B, title VI, § 636, div. K, title I, §§ 143(a), 146, Dec. 8, 2004, 118 Stat. 2922, 3455; Pub. L. 110–186, title I, § 103(a), Feb. 14, 2008, 122 Stat. 625, established the National Veterans Busi- ness Development Corporation. Statutory Notes and Related Subsidiaries REPRESENTATION OF AUTHORIZATION Pub. L. 112–239, div. A, title XVI, § 1699(b), Jan. 2, 2013, 126 Stat. 2092, provided that: ‘‘On and after the date of enactment of this Act [Jan. 2, 2013], the National Vet- erans Business Development Corporation and any suc- cessor thereto may not represent that the corporation is federally chartered or in any other manner author- ized by the Federal Government.’’ § 657d. Federal and State Technology Partner- ship Program (a) Definitions In this section and section 657e of this title, the following definitions apply: (1) Applicant The term ‘‘applicant’’ means an entity, orga- nization, 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 mat- ters 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 com- pletion of each phase of the program. (3) Catastrophic incident The term ‘‘catastrophic incident’’ means a major disaster that is comparable to the de- scription of a catastrophic incident in the Na- tional Response Plan of the Administration, or any successor thereto. (4) FAST program The term ‘‘FAST program’’ means the Fed- eral and State Technology Partnership Pro- gram established under this section. (5) Mentor The term ‘‘mentor’’ means an individual de- scribed in section 657e(c)(2) of this title. (6) 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. (7) Recipient The term ‘‘recipient’’ means a person that receives an award or becomes party to a coop- erative agreement under this section. (8) SBIR program The term ‘‘SBIR program’’ has the same meaning as in section 638(e)(4) of this title. (9) State The term ‘‘State’’ means each of the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands. (10) 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 Tech- nology 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 Page 1061 TITLE 15—COMMERCE AND TRADE § 657d 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 de- velop in a State— (A) technology research and development by small business concerns; (B) technology transfer from university re- search 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 enti- ties, organizations, or individuals, includ- ing— (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 tech- nical assistance to technology-based small business concerns participating in or inter- ested 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 devel- oping SBIR proposals; (ii) to establish or operate a Mentoring Network within the FAST program to pro- vide business advice and counseling that will assist small business concerns that have been identified by FAST program participants, program managers of partici- pating 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 pro- gram funding. (2) Selection considerations In making awards or entering into coopera- tive agreements under this section, the Ad- ministrator and the SBIR program managers referred to in paragraph (1)— (A) may only consider proposals by appli- cants that intend to use a portion of the Federal assistance provided under this sec- tion to provide outreach, financial support, or technical assistance to technology-based small business concerns participating in or interested in participating in the SBIR pro- gram; (B) shall consider, at a minimum— (i) whether the applicant has dem- onstrated that the assistance to be pro- vided 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 dem- onstrated that a need exists to increase the number or success of small high-tech- nology businesses in the State, as meas- ured by the number of first phase and sec- ond phase SBIR awards that have histori- cally been received by small business con- cerns 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 minori- ties; and (III) located in areas that have histori- cally not participated in the SBIR and STTR programs; and (C) shall give special consideration to an applicant that is located in an area affected by a catastrophic incident. (3) Proposal limit Not more than one proposal may be sub- mitted 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 Adminis- trator shall establish. The Administrator shall promulgate regulations establishing standards for the consideration of proposals under para- graph (2), including standards regarding each of the considerations identified in paragraph (2)(B). (5) Additional assistance for catastrophic inci- dents Upon application by an applicant that re- ceives an award or has in effect a cooperative agreement under this section and that is lo- cated in an area affected by a catastrophic in- cident, the Administrator may— (A) provide additional assistance to the ap- plicant; and (B) waive the matching requirements under subsection (e)(2). (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 Page 1062 TITLE 15—COMMERCE AND TRADE § 657d 1 See References in Text note below. the technological capabilities of small busi- ness 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 ac- tivity (other than a planning activity) car- ried out using an award or under a coopera- tive 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 de- scribed in subparagraph (A) to serve small business concerns located in a qualified cen- sus tract, as that term is defined in section 42(d)(5)(C)(ii) 1 of title 26. Federal dollars not so allocated by that recipient shall be sub- ject to the matching requirements of sub- paragraph (A). (C) Types of funding The non-Federal share of the cost of an ac- tivity 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 de- rived from funds from any other Federal pro- gram. (D) Rankings For purposes of subparagraph (A), the Ad- ministrator shall reevaluate the ranking of a State once every 2 fiscal years, beginning with fiscal year 2001, based on the most re- cent statistics compiled by the Adminis- trator. (3) Duration Awards may be made or cooperative agree- ments entered into under this section for mul- tiple 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 sub- mit 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 in- clude, with respect to the FAST program, in- cluding Mentoring Networks— (A) a description of the structure and pro- cedures 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 pro- vided 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 men- toring database, as provided for under sec- tion 657e of this title, including— (i) the status of the inclusion of men- toring information in the database re- quired 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 per- formance of the activities being conducted and the results of such measurements; and (B) the overall management and effective- ness 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 Com- mittee on Science and the Committee on Small Business of the House of Representa- tives on the review conducted under paragraph (1). Page 1063 TITLE 15—COMMERCE AND TRADE § 657e (h) Program levels (1) In general There is authorized to be appropriated to carry out the FAST program, including Men- toring Networks, under this section and sec- tion 657e of this title, $10,000,000 for each of fis- cal 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, § 2[34], as added Pub. L. 106–554, § 1(a)(9) [title I, § 111(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–674; amended Pub. L. 107–50, § 8, Oct. 15, 2001, 115 Stat. 265; Pub. L. 114–88, div. B, title I, § 2104, Nov. 25, 2015, 129 Stat. 691; Pub. L. 116–283, div. A, title VIII, § 867(2), Jan. 1, 2021, 134 Stat. 3787.) Editorial Notes REFERENCES IN TEXT Subpar. (C) of section 42(d)(5) of title 26, referred to in subsec. (e)(2)(B), was redesignated (B) by Pub. L. 110–289, div. C, title I, § 3003(g)(3), July 30, 2008, 122 Stat. 2882. PRIOR PROVISIONS A prior section 2[34] of Pub. L. 85–536 was renumbered section 2[49] and is set out as a note under section 631 of this title. AMENDMENTS 2021—Subsec. (a)(9). Pub. L. 116–283 substituted ‘‘American Samoa, and the Commonwealth of the Northern Mariana Islands’’ for ‘‘and American Samoa’’. 2015—Subsec. (a)(3) to (10). Pub. L. 114–88, § 2104(a), added par. (3) and redesignated former pars. (3) to (9) as (4) to (10), respectively. Subsec. (c)(2)(C). Pub. L. 114–88, § 2104(b), added sub- par. (C). Subsec. (c)(5). Pub. L. 114–88, § 2104(c), added par. (5). 2001—Subsec. (c)(2)(B)(vi). Pub. L. 107–50, § 8(a), added cl. (vi). Subsec. (c)(4). Pub. L. 107–50, § 8(b), inserted at end ‘‘The Administrator shall promulgate regulations es- tablishing standards for the consideration of proposals under paragraph (2), including standards regarding each of the considerations identified in paragraph (2)(B).’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. FINDINGS Pub. L. 106–554, § 1(a)(9) [title I, § 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 de- velopment of small high-technology firms, including participation by small business concerns in the SBIR program, are at a competitive disadvantage in estab- lishing a business climate that is conducive to tech- nology development; and ‘‘(3) building stronger national, State, and local support for science and technology research in these disadvantaged States will expand economic opportu- nities in the United States, create jobs, and increase the competitiveness of the United States in the world market.’’ § 657e. Mentoring Networks (a) Findings Congress finds that— (1) the SBIR and STTR programs create jobs, increase capacity for technological innova- tion, and boost international competitiveness; (2) increasing the quantity of applications from all States to the SBIR and STTR pro- grams would enhance competition for such awards and the quality of the completed projects; and (3) mentoring is a natural complement to the FAST program of reaching out to new companies regarding the SBIR and STTR pro- grams as an effective and low-cost way to im- prove the likelihood that such companies will succeed in such programs in developing and commercializing their research. (b) Authorization for Mentoring Networks The recipient of an award or participant in a cooperative agreement under section 657d of this title may use a reasonable amount of such as- sistance for the establishment of a Mentoring Network under this section. (c) Criteria for Mentoring Networks A Mentoring Network established using assist- ance under section 657d of this title shall— (1) provide business advice and counseling to high technology small business concerns lo- cated in the State or region served by the Mentoring Network and identified under sec- tion 657d(c)(1)(E)(ii) of this title as potential candidates for the SBIR or STTR programs; (2) identify volunteer mentors who— (A) are persons associated with a small business concern that has successfully com- pleted one or more SBIR or STTR funding agreements; and (B) have agreed to guide small business concerns through all stages of the SBIR or STTR program process, including providing assistance relating to— (i) proposal writing; (ii) marketing; (iii) Government accounting; (iv) Government audits; (v) project facilities and equipment; (vi) human resources; (vii) third phase partners; (viii) commercialization; (ix) venture capital networking; and (x) other matters relevant to the SBIR and STTR programs; (3) have experience working with small busi- ness concerns participating in the SBIR and STTR programs;