disseminate technical data or processes developed by any business concern at its own expense. 55 procurements publicized daily (e) It shall be the duty of the Secretary of Commerce, Proposed and he is hereby empowered, to obtain notice of all proposed defense procurement actions of $10,000 and above, and all civilian procurement actions of $5,000 and above, from any Federal department, establishment, or agency engaged in procurement of supplies and services in the United States; and to publicize such notices in the daily publication "United States Department of Commerce Synopsis of the United States Government Proposed Procurements, Sales, and Contract Awards," 56 immediately after the necessity for the procurement is established; except that nothing herein shall require publication of such notices with respect to those procurements (1) which for security reasons are of a classified nature, or (2) which involve perishable subsistence supplies, or (3) which are for utility services and the procuring agency in accordance with applicable law has predetermined the utility concern to whom the award will be made, or (4) which are of such unusual and compelling emergency that the Government would be seriously injured if bids or offers were permitted to be made more than 15 days after the issuance of the invitation for bids. or solicitation for proposals, or (5) which are made by an order placed under an existing contract, or (6) which are made from another Government department or agency, or a mandatory source of supply, or (7) which are for personal or professional services, or (8) which are for services from educational institutions, or (9) in which only foreign sources are to be solicited, or (10) for which it is determined in writing by the procuring agency, with the concurrence of the Administrator, that advance publicity is not appropriate or reasonable.57 SEC. 9. (a) Research and development are major factors in the growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and Research and 15 U.S.C. 638. development. Policy of 55 Entire section 8(d) added by section 7 of PL 87-305, the Small Business Act Amendments of 1961, approved September 26, 1961. (75 Stat. 667). 56 This publication now called "Commerce Business Daily." 57 Section 8(e) added by section 8 of PL 87-305, the Small Business Act Amendments of 1961, approved September 26, 1961. (75 Stat. 668). SBA shall: Assist in obtaining research contracts. Assist in obtaining benefits of research. Provide technical assistance. Other agencies to cooperate with SBA. Joint research and development programs. Acquisition of facilities. Utilization of applied research. Collection of research information. Applied research programs. Apply for patents. Grant licenses. Antitrust exemption. strengthen the competitive free enterprise system and the national economy. (b) it shall be the duty of the Administration, and it is hereby empowered (1) to assist small-business concerns to obtain Government contracts for research and development; (2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense; and (3) to provide technical assistance to smallbusiness concerns to accomplish the purposes of this section. (c) The Administration is authorized to consult and cooperate with all Government agencies and to make studies and recommendations to such agencies, and such agencies are authorized and directed to cooperate with the Administration in order to carry out and to accomplish the purposes of this section. (d) (1) The Administrator is authorized to consult with representatives of small-business concerns with a view to assisting and encouraging such firms to undertake joint programs for research and development carried out through such corporate or other mechanism as may be most appropriate for the purpose. Such joint programs may, among other things, include the following purposes: (A) to construct, acquire, or establish laboratories and other facilities for the conduct of research: (B) to undertake and utilize applied research; (C) to collect research information related to a particular industry and disseminate it to participating members; (D) to conduct applied research on a protected, proprietary, and contractual basis with member or nonmember firms, Government agencies, and others; (E) to prosecute applications for patents and render patent services for participating members; and (F) to negotiate and grant licenses under patents held under the joint program, and to establish corporations designed to exploit particular patents obtained by it. (2) The Administrator may, after consultation with the Attorney General and the Chairman of the Federal Trade Commission, and with the prior written approval of the Attorney General, approve any agreement between small-business firms providing for a joint program of research and development, if the Administrator finds that the joint program proposed will maintain and strengthen the free enterprise system and the economy of the Nation. The Administrator or the Attorney Gen eral may at any time withdraw his approval of the agreement and the joint program of research and development covered thereby, if he finds that the agreement or the joint program carried on under it is no longer in the best interests of the competitive free enterprise system and the economy of the Nation. A copy of the statement of any such finding and approval intended to be within the coverage of this subsection, and a copy of any modification or withdrawal of approval, shall be published in the Federal Register. The authority conferred by this subsection on the Administrator shall not be delegated by him. (3) No act or omission to act pursuant to and within the scope of any joint program for research and development, under an agreement approved by the Administrator under this subsection, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act. Upon publication in the Federal Register of the notice of withdrawal of his approval of the agreement granted under this subsection, either by the Administrator or by the Attorney General, the provisions of this subsection shall not apply to any subsequent act or omission to act by reason of such agreement or approval. SEC. 10. (a)58 The Administration shall, as soon as practicable each fiscal 59 year makes a comprehensive annual report to the President, the President of the Senate, the Senate Select Committee on Small Business, and the Speaker of the House of Representatives. Such report shall include a description of the state of small business in the Nation and the several States, and a description of the operations of the Administration under this chapter, including, but not limited to, the general lending, disaster relief, Government regulation relief, procurement and property disposal, research and development, technical assistance, dissemination of data and information, and other functions under the jurisdiction of the Administration during the previous fiscal 59 year. Such report shall contain recommendations for strengthening or improving such programs, or, when necessary or desirable to implement more effectively congressional 58 Former section 10 (a) was rewritten and the reporting requirement changed from semiannual to annual by section 5(a) (1) of PL 87-305, the Small Business Act Amendments of 1961, approved September 26, 1961. (75 Stat. 666). Additional reporting requirements were imposed by section 7 of PL 93-237, approved January 2, 1974 (87 Stat. 1023), which added the second and third sentences and made other insubstantial changes to section 10(a). In the 94th Congress, legislation to aid and protect small business was transferred to the House Committee on Small Business and a similar transfer was made in the 95th Congress to the Senate Select Committee on Small Business. Therefore, PL 95-89, August 4, 1977 required that certain enumerated reports go to the Senate and House Small Business Committees instead of to the House and Senate Banking Committees and also specifies that certain reports go directly to the Senate Select Committee on Small Business as well as to the President of the Senate and the Speaker of the House. 59 "Fiscal" year substituted for "calendar" year by section 3(4) of PL 93-608, an Act to discontinue or modify certain reporting requirements of law, approved January 2, 1975. (88 Stat. 1967). Expenditure of funds. reports. Congress and Committees. policies and proposals, for establishing new or alternative programs. In addition, such report shall include the names of the business concerns to whom contracts are let and for whom financing is arranged by the Administration, together with the amounts involved.60 With respect to minority small business concerns, the report shall include the proportion of loans and other assistance under this Act provided to such concerns, the goals of the Administration for the next fiscal year with respect to such concerns, and recommendations for improving assistance to minority small business concerns under this Act. (b) The Administration shall make a report to the President, the President of the Senate, and the Speaker Small Business of the House of Representatives, to the Senate Select Committee on Small Business, and to the Committee on Small Business of the House of Representatives as soon as practicable each fiscal year,61 showing as accurately as possible for each such period the amount of funds appropriated to it that it has expended in the conduct of each of its principal activities such as lending, procurement, contracting, and providing technical and managerial aids.62 Antitrust reports. Defense procurement reports. (c) (1) The Attorney General is directed to make, or direct the Federal Trade Commission to make for him, surveys of any activity of the Government which may affect small business, for the purpose of determining any factors which may tend to eliminate competition, create or strengthen monopolies, promote undue concentration of economic power, or otherwise injure small business. (2) The Attorney General shall submit to the Congress, the Senate Select Committee on Small Business and the President, at such times as he deems desirable, but not less than once every year, reports setting forth the results of such surveys and including such recommendations as he may deem desirable." (d) For the purpose of aiding in carrying out the national policy to insure that a fair proportion of the total purchases and contracts for property and services for the Government be placed with small-business enterprises, and to maintain and strengthen the overall economy of the Nation, the Department of Defense shall make a monthly report to the President, the President 60 The requirement of the report of the progress in liquidating the assets and winding up the affairs of the RFC repealed by section 3 (4) of PL 93-608, an Act to discontinue or modify certain reporting requirements of law, approved January 2, 1975. (88 Stat. 1967). Minority small business report requirements added by P.L. 95-89. August 4, 1977. The phrase "as soon as practicable each fiscal year" substituted for "on December 31 of each year" by section 3(5) of PL 93-608, an Act to discontinue or modify certain reporting requirements of law, approved January 2, 1975. (88 Stat. 1967). 62 The reporting requirement of section 10 (b) was changed from semiannual to annual by section 5(a) (2) of PL 87-305, the Small Business Act Amendments of 1961, approved September 26, 1961. (75 Stat. 667). 63 Former section 10 (c) was rewritten and annual reports by the Attorney General made mandatory by section 5(a) (3) of PL 87-305, the Small Business Act Amendments of 1961, approved September 26, 1961. (75 Stat. 667). of the Senate, the Senate Select Committee on Small Business and the Speaker of the House of Representatives not less than forty-five days after the close of the month, showing the amount of funds appropriated to the Department of Defense which have been expended, obligated, or contracted to be spent with small-business concerns and the amount of such funds expended, obligated, or contracted to be spent with firms other than small business in the same fields of operation; and such monthly reports shall show separately the funds expended, obligated, or contracted to be spent for basic and applied scientific research and development. (e) The Administration shall retain all correspondence, records of inquiries, memoranda, reports, books, and records, including memoranda as to all investigations conducted by or for the Administration, for a period of at least one year from the date of each thereof, and shall at all times keep the same available for inspection and examination by the Senate Select Committee on Small Business and the Committee on Small Business of the House of Representatives, or their duly authorized representatives. Maintenance available to committees. of records Small Business with other (f) To the extent deemed necessary by the Adminis- Consultation trator to protect and preserve small business interests, Government the Administration shall consult and cooperate with agencies. other departments and agencies of the Federal Government in the formulation by the Administration of policies affecting small-business concerns. When requested by the Administrator, each department and agency of the Federal Government shall consult and cooperate with the Administration in the formulation by such department or agency of policies affecting small-business concerns, in order to insure that small-business interests will be recognized, protected, and preserved. This subsection shall not require any department or agency to consult or cooperate with the Administration in any case where the head of such department or agency determines that such consultation or cooperation would unduly delay action which must be taken by such department or agency to protect the national interest in an emergency. (g) 64 The Administration shall transmit, not later than December 31 of each year, to the Senate Select Committee on Small Business and Committee on Small Business of the House of Representatives, a sealed report with respect to— (1) complaints alleging illegal conduct by employees of the Administration which were received or acted upon by the Administration during the preceding fiscal year; and Report to conmittees. gressional com15 U.S.C. 639. 64 Added by section 4 of PL 93-386, the Small Business Amendments of 1974, approved August 23, 1974. (88 Stat. 742). |