[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3305-S3310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4253. Mrs. SHAHEEN (for herself and Mr. Vitter) submitted an
amendment intended to be proposed by her to the bill S. 2943, to
authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION F--SBIR AND STTR REAUTHORIZATION AND IMPROVEMENTS
SEC. 6001. SHORT TITLE.
This division may be cited as the ``SBIR and STTR
Reauthorization and Improvement Act of 2016''.
TITLE LXI--REAUTHORIZATION OF PROGRAMS
SEC. 6101. PERMANENCY OF SBIR PROGRAM AND STTR PROGRAM.
(a) SBIR.--Section 9(m) of the Small Business Act (15
U.S.C. 638(m)) is amended--
(1) in the subsection heading, by striking ``Termination''
and inserting ``SBIR Program Authorization''; and
(2) by striking ``terminate on September 30, 2017'' and
inserting ``be in effect for each fiscal year''.
(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15
U.S.C. 638(n)(1)(A)) is amended by striking ``through fiscal
year 2017''.
TITLE LXII--ENHANCED SMALL BUSINESS ACCESS TO FEDERAL INNOVATION
INVESTMENTS
SEC. 6201. ALLOCATION INCREASES AND TRANSPARENCY IN BASE
CALCULATION.
(a) SBIR.--Section 9(f) of the Small Business Act (15
U.S.C. 638(f)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``expend'' and inserting ``obligate for expenditure'';
(B) in subparagraph (H), by striking ``and'' at the end;
(C) in subparagraph (I), by striking ``and each fiscal year
thereafter,'' and inserting a semicolon; and
(D) by inserting after subparagraph (I) the following:
``(J) for a Federal agency other than the Department of
Defense--
``(i) not less than 3.5 percent of the extramural budget
for research or research and development of the Federal
agency in each of fiscal years 2018 and 2019;
``(ii) not less than 4 percent of such extramural budget in
each of fiscal years 2020 and 2021;
``(iii) not less than 4.5 percent of such extramural budget
in each of fiscal years 2022 and 2023;
``(iv) not less than 5 percent of such extramural budget in
each of fiscal years 2024 and 2025;
``(v) not less than 5.5 percent of such extramural budget
in each of fiscal years 2026 and 2027; and
``(vi) not less than 6 percent of such extramural budget in
fiscal year 2028 and each fiscal year thereafter; and
``(K) for the Department of Defense--
``(i) not less than 2.5 percent of the budget for research,
development, test, and evaluation of the Department of
Defense in each of fiscal years 2018 and 2019;
``(ii) not less than 3 percent of such budget in each of
fiscal years 2020 and 2021;
``(iii) not less than 3.5 percent of such budget in each of
fiscal years 2022 and 2023;
``(iv) not less than 4 percent of such budget in each of
fiscal years 2024 and 2025;
``(v) not less than 4.5 percent of such budget in each of
fiscal years 2026 and 2027; and
``(vi) not less than 5 percent of such budget in fiscal
year 2028 and each fiscal year thereafter,'';
(2) in paragraph (2)(B), by inserting ``(or for the
Department of Defense, an amount of the budget for basic
research of the Department of Defense)'' after ``research'';
and
(3) in paragraph (4), by inserting ``(or for the Department
of Defense an amount of the budget for research, development,
test, and evaluation of the Department of Defense)'' after
``of the agency''.
(b) STTR.--Section 9(n)(1) of the Small Business Act (15
U.S.C. 638(n)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``expend'' and inserting ``obligate for
expenditure''; and
(B) by striking ``not less than the percentage of that
extramural budget specified in subparagraph (B)'' and
inserting ``for a Federal agency other than the Department of
Defense, not less than the percentage of that extramural
budget specified in subparagraph (B) and, for the Department
of Defense, not less than the percentage of the budget for
research, development, test, and evaluation of the Department
of Defense specified in subparagraph (B)''
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking ``the
extramural budget required to be expended by an agency'' and
inserting ``the extramural budget, for a Federal agency other
than the Department of Defense, and of the budget for
research, development, test, and evaluation, for the
Department of Defense, required to be obligated for
expenditure with small business concerns'';
(B) in clause (iv), by striking ``and'' at the end;
(C) in clause (v), by striking ``fiscal year 2016 and each
fiscal year thereafter.'' and inserting ``each of fiscal
years 2016 and 2017;''; and
(D) by adding at the end the following:
``(vi) 0.55 percent for each of fiscal years 2018 and 2019;
``(vii) 0.65 percent for each of fiscal years 2020 and
2021;
``(viii) 0.75 percent for each of fiscal years 2022 and
2023; and
``(ix) 1 percent for fiscal year 2024 and each fiscal year
thereafter.''.
SEC. 6202. REGULAR OVERSIGHT OF AWARD AMOUNTS.
(a) Elimination of Automatic Inflation Adjustments.--
Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is
amended--
(1) in paragraph (2)(D), by inserting ``through fiscal year
2016'' after ``every year''; and
(2) by adding at the end the following:
``(4) 2016 modifications for dollar value of awards.--Not
later than 120 days after the date of enactment of the SBIR
and STTR Reauthorization and Improvement Act of 2016, the
Administrator shall modify the policy directives issued under
this subsection to--
``(A) eliminate the annual adjustments for inflation of the
dollar value of awards described in paragraph (2)(D); and
``(B) clarify that Congress intends to review the dollar
value of awards every 3 fiscal years.''.
(b) Sense of Congress Regarding Regular Review of the Award
Sizes.--It is the sense of Congress that for fiscal year
2019, and every third fiscal year thereafter, Congress should
evaluate whether the maximum award sizes under the Small
Business Innovation Research Program and the Small Business
Technology Transfer Program under section 9 of the Small
Business Act (15 U.S.C. 638) should be adjusted and, if so,
take appropriate action to direct that such adjustments be
made under the policy directives issued under subsection (j)
of such section.
(c) Clarification of Sequential Phase II Awards.--Section
9(ff) of the Small Business Act (15 U.S.C. 638(ff)) is
amended by adding at the end the following:
``(3) Clarification of sequential phase ii awards.--The
head of a Federal agency shall ensure that any sequential
Phase II award is made in accordance with the limitations on
award sizes under subsection (aa).
``(4) Cross-agency sequential phase ii awards.--A small
business concern that receives a sequential Phase II SBIR or
Phase II STTR award for a project from a Federal agency is
eligible to receive an additional sequential Phase II award
that continues work on that project from another Federal
agency.''.
TITLE LXIII--COMMERCIALIZATION IMPROVEMENTS
SEC. 6301. PERMANENCY OF THE COMMERCIALIZATION PILOT PROGRAM
FOR CIVILIAN AGENCIES.
Section 9(gg) of the Small Business Act (15 U.S.C. 638(gg))
is amended--
(1) in the subsection heading, by striking ``Pilot
Program'' and inserting ``Commercialization Development
Awards'';
(2) by striking paragraphs (2), (7), and (8);
(3) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (2), (3), (4), and (5), respectively;
(4) by adding at the end the following:
``(6) Definitions.--In this subsection--
``(A) the term `commercialization development program'
means a program established by a covered Federal agency under
paragraph (1); and
``(B) the term `covered Federal agency'--
``(i) means a Federal agency participating in the SBIR
program or the STTR program; and
``(ii) does not include the Department of Defense.''; and
[[Page S3306]]
(5) by striking ``pilot program'' each place it appears and
inserting ``commercialization development program''.
SEC. 6302. ENFORCEMENT OF NATIONAL SMALL BUSINESS GOAL FOR
FEDERAL RESEARCH AND DEVELOPMENT.
Section 9(h) of the Small Business Act (15 U.S.C. 638(h))
is amended by inserting ``, which may not be less than 10
percent for fiscal year 2018, and each fiscal year
thereafter,'' after ``shall establish goals''.
SEC. 6303. TRACKING RAPID INNOVATION FUND AWARDS IN ANNUAL
CONGRESSIONAL REPORT.
Section 9(b)(7) of the Small Business Act (15 U.S.C.
638(b)(7)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(H) information regarding awards under the Rapid
Innovation Program under section 1073 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4366; 10 U.S.C. 2359 note),
including--
``(i) the number and dollar amount of awards made under the
Rapid Innovation Program to business concerns receiving an
award under the SBIR program or the STTR program;
``(ii) the proportion of awards under the Rapid Innovation
Program made to business concerns receiving an award under
the SBIR program or the STTR program;
``(iii) the proportion of awards under the Rapid Innovation
Program made to small business concerns; and
``(iv) a projection of the effect on the number of awards
under the Rapid Innovation Program if amounts to carry out
the program were made available as a fixed allocation of the
amount appropriated to the Department of Defense for
research, development, test, and evaluation, excluding
amounts appropriated for the defense universities;''.
SEC. 6304. INTELLECTUAL PROPERTY PROTECTION FOR TECHNOLOGY
DEVELOPMENT.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended by adding at the end the following:
``(tt) Intellectual Property Protections.--
``(1) In general.--Subject to paragraph (2)(B), the cost of
seeking protection for intellectual property, including a
trademark, copyright, or patent, that was created through
work performed under an SBIR or STTR award is allowable as an
indirect cost under that award.
``(2) Clarification of patent costs.--
``(A) In general.--A Federal agency shall not directly or
indirectly inhibit, through the policies, directives, or
practices of the Federal agency, an otherwise eligible small
business concern performing under an SBIR or STTR award from
recovering patent costs incurred as requirements under that
award, including--
``(i) the costs of preparing--
``(I) invention disclosures;
``(II) reports; and
``(III) other documents;
``(ii) the costs for searching the art to the extent
necessary to make the invention disclosures;
``(iii) other costs in connection with the filing and
prosecution of a United States patent application where title
or royalty-free license is to be conveyed to the Federal
Government; and
``(iv) general counseling services relating to patent
matters, including advice on patent laws, regulations,
clauses, and employee agreements.
``(B) Recovery limitations.--After consultation with
contracting or auditing authorities, the patent costs
described in subparagraph (A) shall be allowable for
technology developed under a--
``(i) Phase I award, as indirect costs in an amount not
greater than $5,000;
``(ii) Phase II award, as indirect costs in an amount not
greater than $15,000; and
``(iii) Phase III award in which the Federal Government has
government purpose rights (as defined in section 227.7103-5
of title 48, Code of Federal Regulations).''.
SEC. 6305. ANNUAL GAO AUDIT OF COMPLIANCE WITH
COMMERCIALIZATION GOALS.
Section 9(nn) of the Small Business Act (15 U.S.C. 638(nn))
is amended to read as follows:
``(nn) Annual GAO Report on Government Compliance With
Goals, Incentives, and Phase III Preference.--Not later than
1 year after the date of enactment of the SBIR and STTR
Reauthorization and Improvement Act of 2016, and every year
thereafter until the date that is 5 years after the date of
enactment of the SBIR and STTR Reauthorization and
Improvement Act of 2016, the Comptroller General of the
United States shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report that--
``(1) discusses the status of the compliance of Federal
agencies with the requirements or authorities established
under--
``(A) subsection (h), relating to the establishment by
certain Federal agencies of a goal for funding agreements for
research and research and development with small business
concerns;
``(B) subsection (y)(5)(A), relating to the requirement for
the Department of Defense to establish goals for the
transition of Phase III technologies in subcontracting plans;
``(C) subsection (y)(5)(B), relating to the requirement for
the Department of Defense to establish procedures for a prime
contractor to report the number and dollar amount of
contracts with small business concerns for Phase III SBIR
projects or STTR projects of the prime contractor; and
``(D) subsection (y)(6), relating to the requirement for
the Department of Defense to set a goal to increase the
number of Phase II SBIR and STTR contracts that transition
into programs of record or fielded systems;
``(2) includes, for a Federal agency that is in compliance
with a requirement described under paragraph (1), a
description of how the Federal agency achieved compliance;
and
``(3) includes a list, organized by Federal agency, of
small business concerns that have asserted that--
``(A) the Government or prime contractor--
``(i) did not protect the intellectual property of the
small business concern in accordance with data rights under
the SBIR or STTR award; or
``(ii) issued a Phase III SBIR or STTR award conditional on
relinquishing data rights;
``(B) the Federal agency solicited bids for a contract, or
provided funding to an entity other than the small business
concern receiving the SBIR or STTR award, that was for work
that derived from, extended, or completed efforts made under
prior funding agreements under the SBIR program or STTR
program;
``(C) the Government or prime contractor did not comply
with the SBIR and STTR policy directives and the small
business concern filed a comment or complaint to the Office
of the National Ombudsman or appealed to the Administrator
for intervention; or
``(D) the Federal agency did not comply with subsection
(g)(12) or (o)(16) requiring timely notice to the
Administrator of any case or controversy before any Federal
judicial or administrative tribunal concerning the SBIR
program or the STTR program of the Federal agency.''.
SEC. 6306. CLARIFYING THE PHASE III PREFERENCE.
Section 9(r) of the Small Business Act (15 U.S.C. 638(r))
is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraph (2) as paragraph (4), and
transferring such paragraph to after paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Phase iii award direction for agencies and prime
contractors.--To the greatest extent practicable, Federal
agencies and Federal prime contractors shall issue Phase III
awards relating to technology, including sole source awards
and awards under the Defense Research and Development Rapid
Innovation Program under section 1073 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4366; 10 U.S.C. 2359 note), to
the SBIR and STTR award recipients that developed the
technology.''.
SEC. 6307. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE.
Section 9(q) of the Small Business Act (15 U.S.C. 638(q))
is amended--
(1) in the subsection heading, by inserting ``and
Business'' after ``Technical'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``a vendor selected under paragraph (2)''
and inserting ``1 or more vendors selected under paragraph
(2)(A)'';
(ii) by inserting ``and business'' before ``assistance
services''; and
(iii) by inserting ``assistance with product sales,
intellectual property protections, market research, market
validation, and development of regulatory plans and
manufacturing plans,'' after ``technologies,''; and
(B) in subparagraph (D), by inserting ``, including
intellectual property protections'' before the period at the
end;
(3) in paragraph (2)--
(A) by striking ``Each agency may select a vendor to assist
small business concerns to meet'' and inserting the
following:
``(A) In general.--Each agency may select 1 or more vendors
from which small business concerns may obtain assistance in
meeting''; and
(B) by adding at the end the following:
``(B) Selection by small business concern.--A small
business concern may, by contract or otherwise, select 1 or
more vendors to assist the small business concern in meeting
the goals listed in paragraph (1).''; and
(4) in paragraph (3)--
(A) by inserting ``(A)'' after ``paragraph (2)'' each place
it appears;
(B) in subparagraph (A), by striking ``$5,000 per year''
each place it appears and inserting ``$6,500 per project'';
(C) in subparagraph (B)--
(i) by striking ``$5,000 per year'' each place it appears
and inserting ``$35,000 per project''; and
(ii) in clause (ii), by striking ``which shall be in
addition to the amount of the recipient's award'' and
inserting ``which may, as determined appropriate by the head
of the Federal agency, be included as part of the recipient's
award or be in addition to the amount of the recipient's
award'';
(D) in subparagraph (C)--
(i) by inserting ``or business'' after ``technical'';
(ii) by striking ``the vendor'' and inserting ``a vendor'';
and
[[Page S3307]]
(iii) by adding at the end the following: ``Business-
related services aimed at improving the commercialization
success of a small business concern may be obtained from an
entity, such as a public or private organization or an agency
of or other entity established or funded by a State that
facilitates or accelerates the commercialization of
technologies or assists in the creation and growth of private
enterprises that are commercializing technology.'';
(E) in subparagraph (D)--
(i) by inserting ``or business'' after ``technical'' each
place it appears; and
(ii) in clause (i)--
(I) by striking ``the vendor'' and inserting ``1 or more
vendors''; and
(II) by striking ``provides'' and inserting ``provide'';
and
(F) by adding at the end the following:
``(E) Multiple award recipients.--The Administrator shall
establish a limit on the amount of technical and business
assistance services that may be received or purchased under
subparagraph (B) by small business concerns with respect to
multiple Phase II SBIR or STTR awards for a fiscal year.''.
TITLE LXIV--PROGRAM DIVERSIFICATION INITIATIVES
SEC. 6401. REGIONAL SBIR STATE COLLABORATIVE INITIATIVE PILOT
PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended--
(1) in subsection (mm)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``2017'' and inserting ``2021'';
(ii) in subparagraph (I), by striking ``and'' at the end;
(iii) in subparagraph (J), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(K) funding for improvements that increase commonality
across data systems, reduce redundancy, and improve data
oversight and accuracy.''; and
(B) by adding at the end the following:
``(7) SBIR and sttr programs; fast program.--
``(A) Definition.--In this paragraph, the term `covered
Federal agency' means a Federal agency that--
``(i) is required to conduct an SBIR program; and
``(ii) elects to use the funds allocated to the SBIR
program of the Federal agency for the purposes described in
paragraph (1).
``(B) Requirement.--Each covered Federal agency shall
transfer an amount equal to 15 percent of the funds that are
used for the purposes described in paragraph (1) to the
Administration--
``(i) for the Regional SBIR State Collaborative Initiative
Pilot Program established under subsection (uu);
``(ii) for the Federal and State Technology Partnership
Program established under section 34; and
``(iii) to support the Office of the Administration that
administers the SBIR program and the STTR program, subject to
agreement from other agencies about how the funds will be
used, in carrying out those programs and the programs
described in clauses (i) and (ii).
``(8) Pilot program.--
``(A) In general.--Of amounts provided to the
Administration under paragraph (7), not less than $5,000,000
shall be used to provide awards under the Regional SBIR State
Collaborative Initiative Pilot Program established under
subsection (uu) for each fiscal year in which the program is
in effect.
``(B) Disbursement flexibility.--The Administration may use
any unused funds made available under subparagraph (A) as of
April 1 of each fiscal year for awards to carry out clauses
(ii) and (iii) of paragraph (7)(B) after providing written
notice to--
``(i) the Committee on Small Business and Entrepreneurship
and the Committee on Appropriations of the Senate; and
``(ii) the Committee on Small Business and the Committee on
Appropriations of the House of Representatives.''; and
(2) by adding after subsection (tt), as added by section
6304 of this Act, the following:
``(uu) Regional SBIR State Collaborative Initiative Pilot
Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible entity' means--
``(i) a research institution; and
``(ii) a small business concern;
``(B) the term `eligible State' means--
``(i) a State that the Administrator determines is in the
bottom half of States, based on the average number of annual
SBIR program awards made to companies in the State for the
preceding 3 years for which the Administration has applicable
data; and
``(ii) an EPSCoR State that--
``(I) is a State described in clause (i); or
``(II) is--
``(aa) not a State described in clause (i); and
``(bb) invited to participate in a regional collaborative;
``(C) the term `EPSCoR State' means a State that
participates in the Experimental Program to Stimulate
Competitive Research of the National Science Foundation, as
established under section 113 of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1862g);
``(D) the term `FAST program' means the Federal and State
Technology Partnership Program established under section 34;
``(E) the term `pilot program' means the Regional SBIR
State Collaborative Initiative Pilot Program established
under paragraph (2);
``(F) the term `regional collaborative' means a
collaborative consisting of eligible entities that are
located in not less than 3 eligible States; and
``(G) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
``(2) Establishment.--The Administrator shall establish a
pilot program, to be known as the Regional SBIR State
Collaborative Initiative Pilot Program, under which the
Administrator shall provide awards to regional collaboratives
to address the needs of small business concerns in order to
be more competitive in the proposal and selection process for
awards under the SBIR program and the STTR program and to
increase technology transfer and commercialization.
``(3) Goals.--The goals of the pilot program are--
``(A) to create regional collaboratives that allow eligible
entities to work cooperatively to leverage resources to
address the needs of small business concerns;
``(B) to grow SBIR program and STTR program cooperative
research and development and commercialization through
increased awards under those programs;
``(C) to increase the participation of States that have
historically received a lower level of awards under the SBIR
program and the STTR program;
``(D) to utilize the strengths and advantages of regional
collaboratives to better leverage resources, best practices,
and economies of scale in a region for the purpose of
increasing awards and increasing the commercialization of the
SBIR program and STTR projects;
``(E) to increase the competitiveness of the SBIR program
and the STTR program;
``(F) to identify sources of outside funding for applicants
for an award under the SBIR program or the STTR program,
including venture capitalists, angel investor groups, private
industry, crowd funding, and special loan programs; and
``(G) to offer increased one-on-one engagements with
companies and entrepreneurs for SBIR program and STTR program
education, assistance, and successful outcomes.
``(4) Application.--
``(A) In general.--A regional collaborative that desires to
participate in the pilot program shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
``(B) Inclusion of lead eligible entities and
coordinator.--A regional collaborative shall include in an
application submitted under subparagraph (A)--
``(i) the name of each lead eligible entity from each
eligible State in the regional collaborative, as designated
under paragraph (5)(A); and
``(ii) the name of the coordinator for the regional
collaborative, as designated under paragraph (6).
``(C) Avoidance of duplication.--A regional collaborative
shall include in an application submitted under subparagraph
(A) an explanation as to how the activities of the regional
collaborative under the pilot program would differ from other
State and Federal outreach activities in each eligible State
in the regional collaborative.
``(5) Lead eligible entity.--
``(A) In general.--Each eligible State in a regional
collaborative shall designate 1 eligible entity located in
the eligible State to serve as the lead eligible entity for
the eligible State.
``(B) Authorization by governor.--Each lead eligible entity
designated under subparagraph (A) shall be authorized to act
as the lead eligible entity by the Governor of the applicable
eligible State.
``(C) Responsibilities.--Each lead eligible entity
designated under subparagraph (A) shall be responsible for
administering the activities and program initiatives
described in paragraph (7) in the applicable eligible State.
``(6) Regional collaborative coordinator.--Each regional
collaborative shall designate a coordinator from amongst the
eligible entities located in the eligible States in the
regional collaborative, who shall serve as the interface
between the regional collaborative and the Administration
with respect to measuring cross-State collaboration and
program effectiveness and documenting best practices.
``(7) Use of funds.--Each regional collaborative that is
provided an award under the pilot program may, in each
eligible State in which an eligible entity of the regional
collaborative is located--
``(A) establish an initiative under which first-time
applicants for an award under the SBIR program or the STTR
program are reviewed by experienced, national experts in the
United States, as determined by the lead eligible entity
designated under paragraph (5)(A);
``(B) engage national mentors on a frequent basis to work
directly with applicants for an award under the SBIR program
or the STTR program, particularly during Phase II, to assist
with the process of preparing and submitting a proposal;
``(C) create and make available an online mechanism to
serve as a resource for applicants for an award under the
SBIR program or the STTR program to identify and connect with
Federal labs, prime government contractor companies, other
industry partners, and regional industry cluster
organizations;
[[Page S3308]]
``(D) conduct focused and concentrated outreach efforts to
increase participation in the SBIR program and the STTR
program by small business concerns owned and controlled by
women, small business concerns owned and controlled by
veterans, small business concerns owned and controlled by
socially and economically disadvantaged individuals (as
defined in section 8(d)(3)(C)), and historically black
colleges and universities;
``(E) administer a structured program of training and
technical assistance--
``(i) to prepare applicants for an award under the SBIR
program or the STTR program--
``(I) to compete more effectively for Phase I and Phase II
awards; and
``(II) to develop and implement a successful
commercialization plan;
``(ii) to assist eligible States focusing on transition and
commercialization to win Phase III awards from public and
private partners;
``(iii) to create more competitive proposals to increase
awards from all Federal sources, with a focus on awards under
the SBIR program and the STTR program; and
``(iv) to assist first-time applicants by providing small
grants for proof of concept research; and
``(F) assist applicants for an award under the SBIR program
or the STTR program to identify sources of outside funding,
including venture capitalists, angel investor groups, private
industry, crowd funding, and special loan programs.
``(8) Award amount.--
``(A) In general.--The Administrator shall provide an award
to each eligible State in which an eligible entity of a
regional collaborative is located in an amount that is not
more than $300,000 to carry out the activities described in
paragraph (7).
``(B) Limitation.--
``(i) In general.--An eligible State may not receive an
award under both the FAST program and the pilot program for
the same year.
``(ii) Rule of construction.--Nothing in clause (i) shall
be construed to prevent an eligible State from applying for
an award under the FAST program and the pilot program for the
same year.
``(9) Duration of award.--An award provided under the pilot
program shall be for a period of not more than 1 year, and
may be renewed by the Administrator for 1 additional year.
``(10) Termination.--The pilot program shall terminate on
September 30, 2021.
``(11) Report.--Not later than February 1, 2021, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the
pilot program, which shall include--
``(A) an assessment of the pilot program and the
effectiveness of the pilot program in meeting the goals
described in paragraph (3);
``(B) an assessment of the best practices, including an
analysis of how the pilot program compares to the FAST
program and a single-State approach; and
``(C) recommendations as to whether any aspect of the pilot
program should be extended or made permanent.''.
SEC. 6402. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.
Section 34 of the Small Business Act (15 U.S.C. 657d) is
amended--
(1) in subsection (h)--
(A) in paragraph (1), by striking ``2001 through 2005'' and
inserting ``2017 through 2021''; and
(B) in paragraph (2), by striking ``fiscal years 2001
through 2005'' and inserting ``each of fiscal years 2017
through 2021''; and
(2) in subsection (i), by striking ``September 30, 2005''
and inserting ``September 30, 2021''.
TITLE LXV--OVERSIGHT AND SIMPLIFICATION INITIATIVES
SEC. 6501. DATA MODERNIZATION SUMMIT.
(a) Definitions.--In this section--
(1) the term ``Administration'' means the Small Business
Administration;
(2) the term ``Committee'' means the SBIR and STTR
Interagency Policy Committee established under subsection
(b);
(3) the terms ``Federal agency'', ``SBIR'', and ``STTR''
have the meanings given such terms under section 9(e) of the
Small Business Act (15 U.S.C. 638(e));
(4) the term ``participating Federal agency'' means a
Federal agency with an SBIR program or an STTR program;
(5) the term ``phase'' means Phase I, Phase II, and Phase
III, as those terms are defined under section 9(e) of the
Small Business Act (15 U.S.C. 638(e)); and
(6) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
(b) Establishment.--There is established an interagency
committee to be known as the ``SBIR and STTR Interagency
Policy Committee''.
(c) Membership.--The Committee shall include--
(1) 2 representatives from each participating Federal
agency, of which--
(A) 1 shall have expertise with respect to the SBIR program
and STTR program of the Federal agency; and
(B) 1 shall have expertise with respect to the information
technology systems of the Federal agency; and
(2) 2 representatives from the Administration, of which--
(A) 1 shall serve as chairperson of the Committee; and
(B) 1 shall be from the Information Technology Development
Team of the Office of Investment and Innovation of the
Administration.
(d) Duties.--The Committee shall review the recommendations
made in the report to Congress by the Office of Science and
Technology of the Administration entitled ``SBIR/STTR TechNet
Public & Government Databases'', dated September 15, 2014,
and the practices of participating Federal agencies to--
(1) determine how to collect data on achievements by small
business concerns in each phase of the SBIR program and the
STTR program and ensure collection and dissemination of such
data in a timely, efficient, and uniform manner;
(2) establish a uniform baseline for metrics that support
improving the solicitation, contracting, funding, and
execution of program management in the SBIR program and the
STTR program;
(3) normalize formatting and database usage across
participating Federal agencies; and
(4) determine the feasibility of developing a common system
across all participating Federal agencies and the paperwork
requirements under such a common system.
(e) Implementation.--Not later than September 31, 2018, the
Committee shall brief the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives on the solutions
identified by the Committee under subsection (d) and
resources needed to execute the solutions.
SEC. 6502. IMPLEMENTATION OF OUTSTANDING REAUTHORIZATION
PROVISIONS.
(a) In General.--Section 9(mm) of the Small Business Act
(15 U.S.C. 638(mm)), as amended by section 6401(1) of this
Act, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (9)''; and
(2) by adding at the end the following:
``(9) Suspension of funding.--
``(A) For federal agencies.--
``(i) In general.--For fiscal years 2018 and 2019, any
Federal agency that has not implemented each provision of law
described in clause (ii)--
``(I) shall continue to provide amounts to the
Administration in accordance with paragraph (7)(B); and
``(II) may not use any additional amounts as described in
paragraph (1) until 30 days after the date on which the
Federal agency submits to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives documentation
demonstrating that the Federal agency has implemented and is
in compliance with each provision of law described in clause
(ii).
``(ii) Provisions.--The provisions of law described in this
subparagraph are the following:
``(I) Subsection (r)(4), relating to Phase III preferences.
``(II) Paragraphs (5) and (6) of subsection (y), relating
to insertion goals.
``(III) Subsection (g)(4)(B), relating to shortening the
decision time for SBIR awards.
``(IV) Subsection (o)(4)(B), relating to shortening the
decision time for STTR awards.
``(V) Subsection (v), relating to reducing paperwork and
compliance burdens.
``(B) For administration.--For fiscal years 2018 and 2019,
if the Administration is not in compliance with subsection
(b)(7), relating to annual reports to Congress, the
Administration may not use amounts received under paragraph
(7)(B) of this subsection for a purpose described in clause
(iii) of such paragraph (7)(B).''.
(b) Clarification of Reporting Requirement.--Section
9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is
amended in the matter preceding subparagraph (A), by striking
``not less than annually'' and inserting ``not later than
December 31 of each year''.
SEC. 6503. STRENGTHENING OF THE REQUIREMENT TO SHORTEN THE
APPLICATION REVIEW AND DECISION TIME.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended--
(1) in subsection (g)(4), by striking subparagraph (B) and
inserting the following:
``(B) make a final decision on each proposal submitted
under the SBIR program--
``(i) for the Department of Health and Human Services, not
later than 1 year after the date on which the applicable
solicitation closes, with a goal to reduce the review and
decision time to less than 10 months by September 30, 2019;
``(ii) for the Department of Agriculture and the National
Science Foundation, not later than 6 months after the date on
which the applicable solicitation closes; or
``(iii) for any other Federal agency--
``(I) not later than 90 days after the date on which the
applicable solicitation closes; or
``(II) if the Administrator authorizes an extension with
respect to a solicitation, not later than 90 days after the
date that would otherwise be applicable to the Federal agency
under subclause (I);''; and
(2) in subsection (o)(4), by striking subparagraph (B) and
inserting the following:
[[Page S3309]]
``(B) make a final decision on each proposal submitted
under the STTR program--
``(i) for the Department of Health and Human Services, not
later than 1 year after the date on which the applicable
solicitation closes, with a goal to reduce the review and
decision time to less than 10 months by September 30, 2019;
``(ii) for the Department of Agriculture and the National
Science Foundation, not later than 6 months after the date on
which the applicable solicitation closes; or
``(iii) for any other Federal agency--
``(I) not later than 90 days after the date on which the
applicable solicitation closes; or
``(II) if the Administrator authorizes an extension with
respect to a solicitation, not later than 90 days after the
date that would otherwise be applicable to the Federal agency
under subclause (I);''.
SEC. 6504. CONTINUED GAO OVERSIGHT OF ALLOCATION COMPLIANCE
AND ACCURACY IN FUNDING BASE CALCULATIONS.
Section 5136(a) of the National Defense Authorization Act
for Fiscal Year 2012 (15 U.S.C. 638 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``until the date that is 5 years after the date of enactment
of this Act'' and insert ``until the date on which the
Comptroller General of the United States submits the report
relating to fiscal year 2019'';
(2) in paragraph (1), by striking subparagraph (C) and
inserting the following:
``(C) assess whether the change in the base funding for the
Department of Defense as required by subparagraphs (J) and
(K) of section 9(f)(1) of the Small Business Act (15 U.S.C.
638(f)(1))--
``(i) improves transparency for determining whether the
Department is complying with the allocation requirements;
``(ii) reduces the burden of calculating the allocations;
and
``(iii) improves the compliance of the Department with the
allocation requirements; and''; and
(3) in paragraph (2) by striking ``under subparagraph (B)''
and inserting ``under subparagraphs (B) and (C)''.
TITLE LXVI--PARTICIPATION BY WOMEN AND MINORITIES
SEC. 6601. SBA COORDINATION ON INCREASING OUTREACH FOR WOMEN
AND MINORITY-OWNED BUSINESSES.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b))
is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) to coordinate with participating agencies on efforts
to increase outreach and awards under each of the SBIR and
STTR programs to small business concerns owned and controlled
by women and socially and economically disadvantaged small
business concerns, as defined in section 8(a)(4).''.
SEC. 6602. FEDERAL AGENCY OUTREACH REQUIREMENTS FOR WOMEN AND
MINORITY-OWNED BUSINESSES.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended--
(1) in subsection (g)--
(A) in paragraph (11), by striking ``and'' at the end;
(B) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) implement an outreach program to small business
concerns for the purpose of enhancing its SBIR program, under
which the Federal agency shall--
``(A) provide outreach to small business concerns owned and
controlled by women and socially and economically
disadvantaged small business concerns, as defined in section
8(a)(4); and
``(B) establish goals for outreach by the Federal agency to
the small business concerns described in subparagraph (A).'';
and
(2) in subsection (o)(14), by striking ``SBIR program;''
and inserting ``SBIR program, under which the Federal agency
shall--
``(A) provide outreach to small business concerns owned and
controlled by women and socially and economically
disadvantaged small business concerns, as defined in section
8(a)(4); and
``(B) establish goals for outreach by the Federal agency to
the small business concerns described in subparagraph (A).''.
SEC. 6603. STTR POLICY DIRECTIVE MODIFICATION.
Section 9(p) of the Small Business Act (15 U.S.C. 638(p))
is amended by adding at the end the following:
``(4) Additional modifications.--Not later than 120 days
after the date of enactment of this paragraph, the
Administrator shall modify the policy directive issued
pursuant to this subsection to provide for enhanced outreach
efforts to increase the participation of small business
concerns owned and controlled by women and socially and
economically disadvantaged small business concerns, as
defined in section 8(a)(4), in technological innovation and
in STTR programs.''.
SEC. 6604. INTERAGENCY SBIR/STTR POLICY COMMITTEE.
Section 5124 of the SBIR/STTR Reauthorization Act of 2011
(Public Law 112-81; 125 Stat. 1837) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Meetings.--
``(1) In general.--The Interagency SBIR/STTR Policy
Committee shall meet not less than twice per year to carry
out the duties under subsection (c).
``(2) Outreach and technical assistance activities.--If the
Interagency SBIR/STTR Policy Committee meets to discuss
outreach and technical assistance activities to increase the
participation of small business concerns that are
underrepresented in the SBIR and STTR programs, the Committee
shall invite to the meeting--
``(A) a representative of the Minority Business Development
Agency; and
``(B) relevant stakeholders that work to advance the
interests of--
``(i) small business concerns owned and controlled by
women, as defined in section 3 of the Small Business Act (15
U.S.C. 632); and
``(ii) socially and economically disadvantaged small
business concerns, as defined in section 8(a)(4) of the Small
Business Act (15 U.S.C. 637(a)(4)).''.
SEC. 6605. DIVERSITY AND STEM WORKFORCE DEVELOPMENT PILOT
PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``covered STEM intern'' means a student at, or
recent graduate from, an institution of higher education
serving as an intern--
(A) whose course of study studied is focused on the STEM
fields; and
(B) who is a woman or a person from an underrepresented
population in the STEM fields;
(3) the term ``eligible entity'' means a small business
concern that--
(A) is receiving amounts under an award under the SBIR
program or the STTR program of a Federal agency on the date
on which the Federal agency awards a grant to the small
business concern under subsection (b); and
(B) provides internships for covered STEM interns;
(4) the terms ``Federal agency'', ``SBIR'', and ``STTR''
have the meanings given those terms under section 9(e) of the
Small Business Act (15 U.S.C. 638(e));
(5) the term ``institution of higher education'' has the
meaning given the term under section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a));
(6) the term ``person from an underrepresented population
in the STEM fields'' means a person from a group that is
underrepresented in the population of STEM students, as
determined by the Administrator;
(7) the term ``pilot program'' means the Diversity and STEM
Workforce Development Pilot Program established under
subsection (b);
(8) the term ``recent graduate'', relating to a woman or a
person from an underrepresented population in the STEM
fields, means that the woman or person from an
underrepresented population in the STEM fields earned an
associate degree, baccalaureate degree, or postbaccalaureate
from an institution of higher education during the 1-year
period beginning on the date of the internship;
(9) the term ``small business concern'' has the meaning
given the term under section 3 of the Small Business Act (15
U.S.C. 632); and
(10) the term ``STEM fields'' means the fields of science,
technology, engineering, and math.
(b) Pilot Program for Internships for Women and People From
Underrepresented Populations.--The Administrator shall
establish a Diversity and STEM Workforce Development Pilot
Program to encourage the business community to provide
workforce development opportunities for covered STEM interns,
under which a Federal agency participating in the SBIR
program or STTR program may make a grant to 1 or more
eligible entities for the costs of internships for covered
STEM interns.
(c) Amount and Use of Grants.--
(1) Amount.--A grant under subsection (b)--
(A) may not be in an amount of more than $15,000 per fiscal
year; and
(B) shall be in addition to the amount of the award to the
recipient under the SBIR program or the STTR program.
(2) Use.--Not less than 90 percent of the amount of a grant
under subsection (b) shall be used by the eligible entity to
provide stipends or other similar payments to interns.
(d) Evaluation.--Not later than January 31 of the first
calendar year after the third fiscal year during which the
Administrator carries out the pilot program, the
Administrator shall submit to Congress--
(1) data on the results of the pilot program, such as the
number and demographics of the covered STEM interns
participating in an internship funded under the pilot program
and the amount spent on such internships; and
(2) an assessment of whether the pilot program helped the
SBIR program and STTR program achieve the congressional
objective of fostering and encouraging the participation of
women and persons from underrepresented populations in the
STEM fields.
(e) Termination.--The pilot program shall terminate after
the end of the fourth fiscal year during which the
Administrator carries out the pilot program.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the pilot program.
[[Page S3310]]
TITLE LXVII--TECHNICAL CHANGES
SEC. 6701. UNIFORM REFERENCE TO THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended--
(1) in subsection (cc), by striking ``National Institutes
of Health'' and inserting ``Department of Health and Human
Services''; and
(2) in subsection (dd)(1)(A), by striking ``Director of the
National Institutes of Health'' and inserting ``Secretary of
Health and Human Services''.
SEC. 6702. FLEXIBILITY FOR PHASE II AWARD INVITATIONS.
Section 9(e)(4)(B) of the Small Business Act (15 U.S.C.
638(e)(4)(B)) is amended in the matter preceding clause (i)--
(1) by striking ``, which shall not include any invitation,
pre-screening, or pre-selection process for eligibility for
Phase II,''; and
(2) by inserting ``in which eligibility for an award shall
not be based only on an invitation, pre-screening, or pre-
selection process and'' before ``in which awards''.
______