[Congressional Record (Bound Edition), Volume 157 (2011), Part 5]
[Senate]
[Pages 6455-6465]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 303. Mr. ALEXANDER (for himself, Mr. Graham, and Mr. DeMint) 
submitted an amendment intended to be proposed by him to the bill S. 
493, to reauthorize and improve the SBIR and STTR programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTION OF RIGHT TO WORK.

       (a) Applicability of NLRA to State Right to Work Laws.--
     Section 14 of the National Labor Relations Act (29 U.S.C. 
     164) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Nothing in this Act shall be construed to limit the 
     application of any State law that prohibits, or otherwise 
     places restraints upon, agreements between labor 
     organizations and employers that make membership in the labor 
     organization, or that require the payment of dues or fees to 
     such organization, a condition of employment either before or 
     after hiring.''.
       (b) Applicability of Railway Labor Act to State Right to 
     Work Laws.--Title II of the Railway Labor Act (45 U.S.C. 181 
     et seq.) is amended by adding at the end the following:

     ``SEC. 209. EFFECT ON STATE RIGHT TO WORK LAWS.

       ``Nothing in this Act shall be construed to limit the 
     application of any State law that prohibits, or otherwise 
     places restraints upon, agreements between labor 
     organizations and carriers that make membership in the labor 
     organization, or that require the payment of dues or fees to 
     such organization, a condition of employment either before or 
     after hiring.''.
                                 ______
                                 
  SA 304. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 49, line 16, strike ``and'' and all that follows 
     through line 18 and insert the following:
       (B) by striking ``SBIR projects'' and inserting ``SBIR or 
     STTR projects'';
       (C) in subparagraph (C), by striking ``and'' at the end;
       (D) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (E) by adding at the end the following:
       ``(E) developing and manufacturing in the United States new 
     commercial products and processes resulting from such 
     projects.'';
                                 ______
                                 
  SA 305. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 83, line 15, strike ``and'' and all that follows 
     through line 22 and insert the following:
       ``(viii) the Federal agency to which the application is 
     made, and contact information for the person or office within 
     the Federal agency that is responsible for reviewing 
     applications and making awards under the SBIR program or the 
     STTR program; and
       ``(ix) whether the small business concern--

       ``(I) has a product, process, technology, or service that 
     received funding under the SBIR or STTR program of a Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States;'';

                                 ______
                                 
  SA 306. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 90, line 10, strike ``and'' and all that follows 
     through line 13 and insert the following:
       ``(C) estimate, to the extent practicable, the number of 
     jobs created by the SBIR program or STTR program of the 
     agency;
       ``(D) estimate, to the extent practicable, the amount of 
     production and manufacturing in the United States that 
     resulted from awards under the SBIR program or STTR program 
     of the agency; and
       ``(E) make recommendations, if any, for changes to the SBIR 
     program or STTR program of the agency that would increase 
     production and manufacturing in the United States.
                                 ______
                                 
  SA 307. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 91, line 20, strike ``and'' and all that follows 
     through line 22 and insert the following:
       ``(3) the dollar amount of the Phase III award; and
       ``(4) whether the small business concern or individual 
     receiving the Phase III award is developing, testing, 
     producing, or manufacturing the product or service that is 
     the subject of the Phase III award in the United States.''.
                                 ______
                                 
  SA 308. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 115, line 8, insert after ``programs'' the 
     following: ``, including the impact on production and 
     manufacturing in the United States''.
                                 ______
                                 
  SA 309. Mr. COBURN (for himself, Mrs. Feinstein, Mr. Burr, Mr. Webb, 
Ms. Collins, Mr. Cardin, and Mr. Risch) submitted an amendment intended 
to be proposed by him to the bill S. 493, to reauthorize and improve 
the SBIR and STTR programs, and for other purposes; which was ordered 
to lie on the table; as follows:


[[Page 6456]]

       At the end of title V, add the following:

     SEC. ___. REPEAL OF VEETC.

       (a) Short Title.--This section may be cited as the 
     ``Ethanol Subsidy and Tariff Repeal Act''.
       (b) Elimination of Excise Tax Credit or Payment.--
       (1) Section 6426(b)(6) of the Internal Revenue Code of 1986 
     is amended by striking ``December 31, 2011'' and inserting 
     ``the later of June 30, 2011, or the date of the enactment of 
     the Ethanol Subsidy and Tariff Repeal Act)''.
       (2) Section 6427(e)(6)(A) of such Code is amended by 
     striking ``December 31, 2011'' and inserting ``the later of 
     June 30, 2011, or the date of the enactment the Ethanol 
     Subsidy and Tariff Repeal Act''.
       (c) Elimination of Income Tax Credit.--The table contained 
     in section 40(h)(2) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``2011'' and inserting ``the later of June 
     30, 2011, or the date of the enactment of the Ethanol Subsidy 
     and Tariff Repeal Act'',
       (2) by adding at the end the following:


 
 
 
``After such date.............................         zero      zero''.
 


       (d) Repeal of Deadwood.--
       (1) Section 40(h) of the Internal Revenue Code of 1986 is 
     amended by striking paragraph (3).
       (2) Section 6426(b)(2) of such Code is amended by striking 
     subparagraph (C).
       (e) Effective Date.--The amendments made by this section 
     shall apply to any sale, use, or removal for any period after 
     the later of June 30, 2011, or the date of the enactment of 
     the Act.

     SEC. ___. REMOVAL OF TARIFFS ON ETHANOL.

       (a) Duty-Free Treatment.--Chapter 98 of the Harmonized 
     Tariff Schedule of the United States is amended by adding at 
     the end the following new subchapter:


                                               ``Subchapter XXIII
                                                Alternative Fuels
----------------------------------------------------------------------------------------------------------------
                                                                        Rates of Duty
                                           ---------------------------------------------------------------------
Heading/Subheading    Article Description                         1
                                           -----------------------------------------------           2
                                                    General                Special
----------------------------------------------------------------------------------------------------------------
9823.01.01          Ethyl alcohol           Free                    Free                   20%''.
                     (provided for in
                     subheadings
                     2207.10.60 and
                     2207.20) or any
                     mixture containing
                     such ethyl alcohol
                     (provided for in
                     heading 2710 or 3824)
                     if such ethyl alcohol
                     or mixture is to be
                     used as a fuel or in
                     producing a mixture
                     of gasoline and
                     alcohol, a mixture of
                     a special fuel and
                     alcohol, or any other
                     mixture to be used as
                     fuel (including motor
                     fuel provided for in
                     subheading
                     2710.11.15,
                     2710.19.15 or
                     2710.19.21), or is
                     suitable for any such
                     uses.................
----------------------------------------------------------------------------------------------------------------

       (b) Conforming Amendments.--Subchapter I of chapter 99 of 
     the Harmonized Tariff Schedule of the United States is 
     amended--
       (1) by striking heading 9901.00.50; and
       (2) by striking U.S. notes 2 and 3.
       (c) Effective Date.--The amendments made by this section 
     apply to goods entered, or withdrawn from warehouse for 
     consumption, on or after the later of June 30, 2011, or the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 310. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 504. PROHIBITION ON CERTAIN NO-BID CONTRACTS.

       (a) Definitions.--In this section--
       (1) the term ``appropriate official'' means the official of 
     the Department who is designated to approve the award of 
     sole-source contracts;
       (2) the term ``covered participant'' means an Indian tribe, 
     Alaska Native Corporation or Alaska Native Village, Native 
     Hawaiian Organization, or community development corporation 
     participating in the program under section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a));
       (3) the term ``Department'' means the Department of 
     Homeland Security; and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (b) In General.--The Federal Acquisition Regulatory Council 
     shall amend the Federal Acquisition Regulation to provide 
     that the Secretary may not award a sole-source contract under 
     the program under section 8(a) of the Small Business Act (15 
     U.S.C. 637(a)) to a covered participant for an amount 
     exceeding $4,000,000, if the covered contract is for the 
     procurement of services, or $6,500,000 if the covered 
     contract is for the procurement of property, unless--
       (1) the contracting officer for the contract justifies the 
     use of a sole-source contract in writing;
       (2) the justification is approved by the appropriate 
     official designated to approve contract awards for dollar 
     amounts that are comparable to the amount of the sole-source 
     contract; and
       (3) the justification and related information are made 
     public.
       (c) Elements of Justification.--The justification of a 
     sole-source contract required under subsection (b) shall 
     include--
       (1) a description of the needs of the Department for the 
     matters covered by the contract;
       (2) a specification of the statutory provision providing 
     the exception from the requirement to use competitive 
     procedures in entering into the contract;
       (3) a determination that the use of a sole-source contract 
     is in the best interest of the Department;
       (4) a determination that the anticipated cost of the 
     contract will be fair and reasonable; and
       (5) such other matters as the Secretary shall specify for 
     purposes of this section.
       (d) Adjustment of Amounts.--The dollar amounts described in 
     subsection (b) shall be adjusted for inflation in accordance 
     with section 1908 of title 41, United States Code.
                                 ______
                                 
  SA 311. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL RIGHT-TO-WORK.

       (a) Amendments to the National Labor Relations Act.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking ``except 
     to'' and all that follows through ``authorized in section 
     8(a)(3)''.
       (2) Unfair labor practices.--Section 8 of the National 
     Labor Relations Act (29 U.S.C. 158) is amended--
       (A) in subsection (a)(3), by striking ``: Provided, That'' 
     and all that follows through ``retaining membership'';
       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``or to discriminate'' 
     and all that follows through ``retaining membership''; and
       (ii) in paragraph (5), by striking ``covered by an 
     agreement authorized under subsection (a)(3) of this 
     section''; and
       (C) in subsection (f), by striking clause (2) and 
     redesignating clauses (3) and (4) as clauses (2) and (3), 
     respectively.
       (b) Amendment to the Railway Labor Act.--Section 2 of the 
     Railway Labor Act (45 U.S.C. 152) is amended by striking 
     paragraph Eleven.
                                 ______
                                 
  SA 312. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 504. OVERSIGHT BY THE SMALL BUSINESS ADMINISTRATION OF 
                   NO-BID CONTRACTS AWARDED TO TRIBALLY-OWNED 
                   SMALL BUSINESS CONCERNS.

       The Administrator of the Small Business Administration 
     shall amend section 124.604 of title 13, Code of Federal 
     Regulations, to specify that the information required to be 
     submitted under such section 124.604--
       (1) is required to be submitted to the Small Business 
     Administration as part of any annual review submission made 
     on or after September 14, 2011; and
       (2) shall include, for each contract entered into under the 
     program under section 8(a) of the Small Business Act (15 
     U.S.C. 637(a))--
       (A) the total number of Tribal or native members employed 
     under each contract; and
       (B) the ratio of Tribal or native members to other 
     individuals directly employed under each contract.
                                 ______
                                 
  SA 313. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:


[[Page 6457]]

       At the end, add the following:

     SEC. 504. ALASKA NATIVE CORPORATIONS AND ALASKA NATIVE 
                   VILLAGES.

       (a) In General.--Section 29(e) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1626(e)) is amended--
       (1) in paragraph (1), by striking ``For all purposes of'' 
     and inserting ``Except as provided in paragraph (5), for all 
     purposes of'';
       (2) in paragraph (2), by striking ``For all purposes of'' 
     and inserting ``Except as provided in paragraph (5), for all 
     purposes of''; and
       (3) by adding at the end the following:
       ``(5) For purposes of sections 7(j)(10) and 8(a) of the 
     Small Business Act (15 U.S.C. 636(j)(10) and 637(a)), whether 
     a Native Corporation or Native village or a direct and 
     indirect subsidiary corporation, joint venture, or 
     partnership of a Native Corporation or Native village is 
     economically disadvantaged shall be determined in accordance 
     with section 8(a)(6) of the Small Business Act.''.
       (b) Standards.--Section 8(a)(6) of the Small Business Act 
     (15 U.S.C. 637(a)(6)) is amended--
       (1) in subparagraph (A), in the third sentence, by 
     inserting ``including an Alaska Native Corporation or Alaska 
     Native Village,'' after ``Indian tribe,''; and
       (2) by adding at the end the following:
       ``(F) For purposes of this subsection and section 7(j)(10), 
     the Administrator shall annually determine whether an Alaska 
     Native Corporation or Alaska Native Village is economically 
     disadvantaged in the same manner as for an applicant for or 
     participant in the program under this subsection that--
       ``(i) is an Indian tribe; and
       ``(ii) is not an Alaska Native Corporation or Alaska Native 
     Village.''.
       (c) Regulations.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall amend the 
     regulations issued under sections 7(j)(10) and 8(a) of the 
     Small Business Act (15 U.S.C. 636(j)(10) and 637(a)) in 
     accordance with this section and the amendments made by this 
     section, which shall include establishing criteria for 
     determining whether an Alaska Native Corporation or Alaska 
     Native Village is economically disadvantaged.
                                 ______
                                 
  SA 314. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 116, strike lines 15 and 16 and insert the 
     following:

     SEC. 503. CREATING DOMESTIC MANUFACTURING JOBS.

       (a) Technical Assistance.--Section 9(q)(1) of the Small 
     Business Act (15 U.S.C. 638(q)(1)), as amended by this Act, 
     is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) developing and manufacturing in the United States new 
     commercial products and processes resulting from such 
     projects.'';
       (b) SBIR Data Collection.--Section 9(g)(8)(A) of the Small 
     Business Act, as added by this Act, is amended--
       (1) in clause (vi), by striking ``or'' at the end;
       (2) in clause (vii), by striking ``and'' at the end and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(viii)(I) has a product, process, technology, or service 
     that received funding under the SBIR program of the Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States; and''.
       (c) STTR Data Collection.--Section 9(o)(9)(A) of the Small 
     Business Act, as added by this Act, is amended--
       (1) in clause (vi), by striking ``or'' at the end;
       (2) in clause (vii), by striking ``and'' at the end and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(viii)(I) has a product, process, technology, or service 
     that received funding under the STTR program of the Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States; and''.
       (d) Public Database.--Section 9(k)(1)(F) of the Small 
     Business Act, as added by this Act, is amended--
       (1) in clause (iv), by striking ``or'' at the end;
       (2) in clause (v), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(vi)(I) has a product, process, technology, or service 
     that received funding under the SBIR or STTR program of the 
     Federal agency and that is produced or delivered for sale to 
     or use by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States.''.
       (e) Government Database.--Section 9(k)(2)(A) of the Small 
     Business Act (15 U.S.C. 638(k)(2)(A)), as amended by this 
     Act, is amended--
       (1) in clause (vii), by striking ``and'' at the end;
       (2) in clause (viii), by adding ``and'' at the end; and
       (3) by adding at the end the following:
       ``(ix) whether the small business concern--

       ``(I) has a product, process, technology, or service that 
     received funding under the SBIR or STTR program of a Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States;''.

       (f) Evaluation by National Academy of Sciencies.--Section 
     108(e)(1) of the Small Business Reauthorization Act of 2000 
     (15 U.S.C. 638 note), as added by this Act, is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) estimate, to the extent practicable, the amount of 
     production and manufacturing in the United States that 
     resulted from awards under the SBIR program or STTR program 
     of the agency; and
       ``(E) make recommendations, if any, for changes to the SBIR 
     program or STTR program of the agency that would increase 
     production and manufacturing in the United States.''.
       (g) Technology Insertion Reporting Requirements.--Section 
     9(ii) of the Small Business Act, as added by this Act, is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) whether the small business concern or individual 
     receiving the Phase III award is developing, testing, 
     producing, or manufacturing the product or service that is 
     the subject of the Phase III award in the United States.''.
       (h) Interagency Policy Committee.--In addition to the 
     duties established under section 314 of this Act, the 
     Interagency SBIR/STTR Policy Committee established under 
     section 314 of this Act shall identify ways for Federal 
     agencies to create incentives for recipients of awards under 
     the SBIR program and the STTR program to carry out research, 
     development, testing, production, and manufacturing in the 
     United States.
       (i) Report on Program Goals.--Section 9(ll)(1)(C) of the 
     Small Business Act, as added by this Act, is amended by 
     inserting before the period at the end the following: ``, 
     including the impact on production and manufacturing in the 
     United States''.
       (j) Commercialization Readiness Pilot Program for Civilian 
     Agencies.--Section 9(ff) of the Small Business Act, as added 
     by this Act, is amended--
       (1) by redesignating paragraphs (5), (6), and (7) as 
     paragraphs (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (4) the following:
       ``(5) Increasing domestic capabilities.--In carrying out a 
     pilot program, the head of a covered Federal agency shall 
     give preference to applicants that intend to test, develop, 
     manufacture or commercialize a product or service in the 
     United States.''.

     SEC. 504. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR 
                   PROGRAMS.

                                 ______
                                 
  SA 315. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 49, line 16, strike ``and'' and all that follows 
     through page 115, line 8, and insert the following:
       (B) by striking ``SBIR projects'' and inserting ``SBIR or 
     STTR projects'';
       (C) in subparagraph (C), by striking ``and'' at the end;
       (D) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (E) by adding at the end the following:
       ``(E) developing and manufacturing in the United States new 
     commercial products and processes resulting from such 
     projects.'';
       (2) in paragraph (2), by striking ``3 years'' and inserting 
     ``5 years''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by inserting ``or STTR'' after ``SBIR''; and
       (ii) by striking ``$4,000'' and inserting ``$5,000'';
       (B) by striking subparagraph (B) and inserting the 
     following:

[[Page 6458]]

       ``(B) Phase ii.--A Federal agency described in paragraph 
     (1) may--
       ``(i) provide to the recipient of a Phase II SBIR or STTR 
     award, through a vendor selected under paragraph (2), the 
     services described in paragraph (1), in an amount equal to 
     not more than $5,000 per year; or
       ``(ii) authorize the recipient of a Phase II SBIR or STTR 
     award to purchase the services described in paragraph (1), in 
     an amount equal to not more than $5,000 per year, which shall 
     be in addition to the amount of the recipient's award.''; and
       (C) by adding at the end the following:
       ``(C) Flexibility.--In carrying out subparagraphs (A) and 
     (B), each Federal agency shall provide the allowable amounts 
     to a recipient that meets the eligibility requirements under 
     the applicable subparagraph, if the recipient requests to 
     seek technical assistance from an individual or entity other 
     than the vendor selected under paragraph (2) by the Federal 
     agency.
       ``(D) Limitation.--A Federal agency may not--
       ``(i) use the amounts authorized under subparagraph (A) or 
     (B) unless the vendor selected under paragraph (2) provides 
     the technical assistance to the recipient; or
       ``(ii) enter a contract with a vendor under paragraph (2) 
     under which the amount provided for technical assistance is 
     based on total number of Phase I or Phase II awards.''.

     SEC. 203. COMMERCIALIZATION READINESS PROGRAM AT DEPARTMENT 
                   OF DEFENSE.

       (a) In General.--Section 9(y) of the Small Business Act (15 
     U.S.C. 638(y)) is amended--
       (1) in the subsection heading, by striking ``Pilot'' and 
     inserting ``Readiness'';
       (2) by striking ``Pilot'' each place that term appears and 
     inserting ``Readiness'';
       (3) in paragraph (1)--
       (A) by inserting ``or Small Business Technology Transfer 
     Program'' after ``Small Business Innovation Research 
     Program''; and
       (B) by adding at the end the following: ``The authority to 
     create and administer a Commercialization Readiness Program 
     under this subsection may not be construed to eliminate or 
     replace any other SBIR program or STTR program that enhances 
     the insertion or transition of SBIR or STTR technologies, 
     including any such program in effect on the date of enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2006 (Public Law 109-163; 119 Stat. 3136).'';
       (4) in paragraph (2), by inserting ``or Small Business 
     Technology Transfer Program'' after ``Small Business 
     Innovation Research Program'';
       (5) by striking paragraphs (5) and (6); and
       (6) by inserting after paragraph (4) the following:
       ``(5) Insertion incentives.--For any contract with a value 
     of not less than $100,000,000, the Secretary of Defense is 
     authorized to--
       ``(A) establish goals for the transition of Phase III 
     technologies in subcontracting plans; and
       ``(B) require a prime contractor on such a contract to 
     report the number and dollar amount of contracts entered into 
     by that prime contractor for Phase III SBIR or STTR projects.
       ``(6) Goal for sbir and sttr technology insertion.--The 
     Secretary of Defense shall--
       ``(A) set a goal to increase the number of Phase II SBIR 
     contracts and the number of Phase II STTR contracts awarded 
     by that Secretary that lead to technology transition into 
     programs of record or fielded systems;
       ``(B) use incentives in effect on the date of enactment of 
     the SBIR/STTR Reauthorization Act of 2011, or create new 
     incentives, to encourage agency program managers and prime 
     contractors to meet the goal under subparagraph (A); and
       ``(C) include in the annual report to Congress the 
     percentage of contracts described in subparagraph (A) awarded 
     by that Secretary, and information on the ongoing status of 
     projects funded through the Commercialization Readiness 
     Program and efforts to transition these technologies into 
     programs of record or fielded systems.''.
       (b) Technical and Conforming Amendment.--Section 9(i)(1) of 
     the Small Business Act (15 U.S.C. 638(i)(1)) is amended by 
     inserting ``(including awards under subsection (y))'' after 
     ``the number of awards''.

     SEC. 204. COMMERCIALIZATION READINESS PILOT PROGRAM FOR 
                   CIVILIAN AGENCIES.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ff) Pilot Program.--
       ``(1) Authorization.--The head of each covered Federal 
     agency may allocate not more than 10 percent of the funds 
     allocated to the SBIR program and the STTR program of the 
     covered Federal agency--
       ``(A) for awards for technology development, testing, and 
     evaluation of SBIR and STTR Phase II technologies; or
       ``(B) to support the progress of research or research and 
     development conducted under the SBIR or STTR programs to 
     Phase III.
       ``(2) Application by federal agency.--
       ``(A) In general.--A covered Federal agency may not 
     establish a pilot program unless the covered Federal agency 
     makes a written application to the Administrator, not later 
     than 90 days before to the first day of the fiscal year in 
     which the pilot program is to be established, that describes 
     a compelling reason that additional investment in SBIR or 
     STTR technologies is necessary, including unusually high 
     regulatory, systems integration, or other costs relating to 
     development or manufacturing of identifiable, highly 
     promising small business technologies or a class of such 
     technologies expected to substantially advance the mission of 
     the agency.
       ``(B) Determination.--The Administrator shall--
       ``(i) make a determination regarding an application 
     submitted under subparagraph (A) not later than 30 days 
     before the first day of the fiscal year for which the 
     application is submitted;
       ``(ii) publish the determination in the Federal Register; 
     and
       ``(iii) make a copy of the determination and any related 
     materials available to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives.
       ``(3) Maximum amount of award.--The head of a covered 
     Federal agency may not make an award under a pilot program in 
     excess of 3 times the dollar amounts generally established 
     for Phase II awards under subsection (j)(2)(D) or 
     (p)(2)(B)(ix).
       ``(4) Registration.--Any applicant that receives an award 
     under a pilot program shall register with the Administrator 
     in a registry that is available to the public.
       ``(5) Increasing domestic capabilities.--In carrying out a 
     pilot program, the head of a covered Federal agency shall 
     give preference to applicants that intend to test, develop, 
     or manufacture a product or service in the United States.
       ``(6) Report.--The head of each covered Federal agency 
     shall include in the annual report of the covered Federal 
     agency to the Administrator an analysis of the various 
     activities considered for inclusion in the pilot program of 
     the covered Federal agency and a statement of the reasons why 
     each activity considered was included or not included, as the 
     case may be.
       ``(7) Termination.--The authority to establish a pilot 
     program under this section expires at the end of fiscal year 
     2014.
       ``(8) Definitions.--In this subsection--
       ``(A) 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
       ``(B) the term `pilot program' means the program 
     established under paragraph (1).''.

     SEC. 205. ACCELERATING CURES.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended by inserting after section 42, as 
     redesignated by section 201 of this Act, the following:

     ``SEC. 43. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.

       ``(a) NIH Cures Pilot.--
       ``(1) Establishment.--An independent advisory board shall 
     be established at the National Academy of Sciences (in this 
     section referred to as the `advisory board') to conduct 
     periodic evaluations of the SBIR program (as that term is 
     defined in section 9) of each of the National Institutes of 
     Health (referred to in this section as the `NIH') institutes 
     and centers for the purpose of improving the management of 
     the SBIR program through data-driven assessment.
       ``(2) Membership.--
       ``(A) In general.--The advisory board shall consist of--
       ``(i) the Director of the NIH;
       ``(ii) the Director of the SBIR program of the NIH;
       ``(iii) senior NIH agency managers, selected by the 
     Director of NIH;
       ``(iv) industry experts, selected by the Council of the 
     National Academy of Sciences in consultation with the 
     Associate Administrator for Technology of the Administration 
     and the Director of the Office of Science and Technology 
     Policy; and
       ``(v) owners or operators of small business concerns that 
     have received an award under the SBIR program of the NIH, 
     selected by the Associate Administrator for Technology of the 
     Administration.
       ``(B) Number of members.--The total number of members 
     selected under clauses (iii), (iv), and (v) of subparagraph 
     (A) shall not exceed 10.
       ``(C) Equal representation.--The total number of members of 
     the advisory board selected under clauses (i), (ii), (iii), 
     and (iv) of subparagraph (A) shall be equal to the number of 
     members of the advisory board selected under subparagraph 
     (A)(v).
       ``(b) Addressing Data Gaps.--In order to enhance the 
     evidence-base guiding SBIR program decisions and changes, the 
     Director of the SBIR program of the NIH shall address the 
     gaps and deficiencies in the data collection concerns 
     identified in the 2007 report of the National Academy of 
     Science entitled `An Assessment of the Small Business 
     Innovation Research Program at the NIH'.
       ``(c) Pilot Program.--
       ``(1) In general.--The Director of the SBIR program of the 
     NIH may initiate a pilot program, under a formal mechanism 
     for designing, implementing, and evaluating pilot programs, 
     to spur innovation and to test new

[[Page 6459]]

     strategies that may enhance the development of cures and 
     therapies.
       ``(2) Considerations.--The Director of the SBIR program of 
     the NIH may consider conducting a pilot program to include 
     individuals with successful SBIR program experience in study 
     sections, hiring individuals with small business development 
     experience for staff positions, separating the commercial and 
     scientific review processes, and examining the impact of the 
     trend toward larger awards on the overall program.
       ``(d) Report to Congress.--The Director of the NIH shall 
     submit an annual report to Congress and the advisory board on 
     the activities of the SBIR program of the NIH under this 
     section.
       ``(e) SBIR Grants and Contracts.--
       ``(1) In general.--In awarding grants and contracts under 
     the SBIR program of the NIH each SBIR program manager shall 
     emphasize applications that identify products, processes, 
     technologies, and services that may enhance the development 
     of cures and therapies.
       ``(2) Examination of commercialization and other metrics.--
     The advisory board shall evaluate the implementation of the 
     requirement under paragraph (1) by examining increased 
     commercialization and other metrics, to be determined and 
     collected by the SBIR program of the NIH.
       ``(3) Phase i and ii.--To the greatest extent practicable, 
     the Director of the SBIR program of the NIH shall reduce the 
     time period between Phase I and Phase II funding of grants 
     and contracts under the SBIR program of the NIH to 90 days.
       ``(f) Limit.--Not more than a total of 1 percent of the 
     extramural budget (as defined in section 9 of the Small 
     Business Act (15 U.S.C. 638)) of the NIH for research or 
     research and development may be used for the pilot program 
     under subsection (c) and to carry out subsection (e).''.
       (b) Prospective Repeal.--Effective 5 years after the date 
     of enactment of this Act, the Small Business Act (15 U.S.C. 
     631 et seq.) is amended--
       (1) by striking section 43, as added by subsection (a); and
       (2) by redesignating sections 44 and 45 as sections 43 and 
     44, respectively.

     SEC. 206. FEDERAL AGENCY ENGAGEMENT WITH SBIR AND STTR 
                   AWARDEES THAT HAVE BEEN AWARDED MULTIPLE PHASE 
                   I AWARDS BUT HAVE NOT BEEN AWARDED PHASE II 
                   AWARDS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(gg) Requirements Relating to Federal Agency Engagement 
     With Certain Phase I SBIR and STTR Awardees.--
       ``(1) Definition.--In this subsection, the term `covered 
     awardee' means a small business concern that--
       ``(A) has received multiple Phase I awards over multiple 
     years, as determined by the head of a Federal agency, under 
     the SBIR program or the STTR program of the Federal agency; 
     and
       ``(B) has not received a Phase II award--
       ``(i) under the SBIR program or STTR program, as the case 
     may be, of the Federal agency described in subparagraph (A); 
     or
       ``(ii) relating to a Phase I award described in 
     subparagraph (A) under the SBIR program or the STTR program 
     of another Federal agency.
       ``(2) Performance measures.--The head of each Federal 
     agency that participates in the SBIR program or the STTR 
     program shall develop performance measures for any covered 
     awardee relating to commercializing research or research and 
     development activities under the SBIR program or the STTR 
     program of the Federal agency.''.

     SEC. 207. CLARIFYING THE DEFINITION OF ``PHASE III''.

       (a) Phase III Awards.--Section 9(e) of the Small Business 
     Act (15 U.S.C. 638(e)) is amended--
       (1) in paragraph (4)(C), in the matter preceding clause 
     (i), by inserting ``for work that derives from, extends, or 
     completes efforts made under prior funding agreements under 
     the SBIR program'' after ``phase'';
       (2) in paragraph (6)(C), in the matter preceding clause 
     (i), by inserting ``for work that derives from, extends, or 
     completes efforts made under prior funding agreements under 
     the STTR program'' after ``phase'';
       (3) in paragraph (8), by striking ``and'' at the end;
       (4) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (5) by adding at the end the following:
       ``(10) the term `commercialization' means--
       ``(A) the process of developing products, processes, 
     technologies, or services; and
       ``(B) the production and delivery of products, processes, 
     technologies, or services for sale (whether by the 
     originating party or by others) to or use by the Federal 
     Government or commercial markets;''.
       (b) Technical and Conforming Amendments.--The Small 
     Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) in section 9 (15 U.S.C. 638)--
       (A) in subsection (e)--
       (i) in paragraph (4)(C)(ii), by striking ``scientific 
     review criteria'' and inserting ``merit-based selection 
     procedures'';
       (ii) in paragraph (9), by striking ``the second or the 
     third phase'' and inserting ``Phase II or Phase III''; and
       (iii) by adding at the end the following:
       ``(11) the term `Phase I' means--
       ``(A) with respect to the SBIR program, the first phase 
     described in paragraph (4)(A); and
       ``(B) with respect to the STTR program, the first phase 
     described in paragraph (6)(A);
       ``(12) the term `Phase II' means--
       ``(A) with respect to the SBIR program, the second phase 
     described in paragraph (4)(B); and
       ``(B) with respect to the STTR program, the second phase 
     described in paragraph (6)(B); and
       ``(13) the term `Phase III' means--
       ``(A) with respect to the SBIR program, the third phase 
     described in paragraph (4)(C); and
       ``(B) with respect to the STTR program, the third phase 
     described in paragraph (6)(C).'';
       (B) in subsection (j)--
       (i) in paragraph (1)(B), by striking ``phase two'' and 
     inserting ``Phase II'';
       (ii) in paragraph (2)--

       (I) in subparagraph (B)--

       (aa) by striking ``the third phase'' each place it appears 
     and inserting ``Phase III''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II'';

       (II) in subparagraph (D)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II'';

       (III) in subparagraph (F), by striking ``the third phase'' 
     and inserting ``Phase III'';
       (IV) in subparagraph (G)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II''; and

       (V) in subparagraph (H)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I'';
       (bb) by striking ``second phase'' each place it appears and 
     inserting ``Phase II''; and
       (cc) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (iii) in paragraph (3)--

       (I) in subparagraph (A)--

       (aa) by striking ``the first phase (as described in 
     subsection (e)(4)(A))'' and inserting ``Phase I'';
       (bb) by striking ``the second phase (as described in 
     subsection (e)(4)(B))'' and inserting ``Phase II''; and
       (cc) by striking ``the third phase (as described in 
     subsection (e)(4)(C))'' and inserting ``Phase III''; and

       (II) in subparagraph (B), by striking ``second phase'' and 
     inserting ``Phase II'';

       (C) in subsection (k)--
       (i) by striking ``first phase'' each place it appears and 
     inserting ``Phase I''; and
       (ii) by striking ``second phase'' each place it appears and 
     inserting ``Phase II'';
       (D) in subsection (l)(2)--
       (i) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (ii) by striking ``the second phase'' and inserting ``Phase 
     II'';
       (E) in subsection (o)(13)--
       (i) in subparagraph (B), by striking ``second phase'' and 
     inserting ``Phase II''; and
       (ii) in subparagraph (C), by striking ``third phase'' and 
     inserting ``Phase III'';
       (F) in subsection (p)--
       (i) in paragraph (2)(B)--

       (I) in clause (vi)--

       (aa) by striking ``the second phase'' and inserting ``Phase 
     II''; and
       (bb) by striking ``the third phase'' and inserting ``Phase 
     III''; and

       (II) in clause (ix)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II''; and
       (ii) in paragraph (3)--

       (I) by striking ``the first phase (as described in 
     subsection (e)(6)(A))'' and inserting ``Phase I'';
       (II) by striking ``the second phase (as described in 
     subsection (e)(6)(B))'' and inserting ``Phase II''; and
       (III) by striking ``the third phase (as described in 
     subsection (e)(6)(A))'' and inserting ``Phase III'';

       (G) in subsection (q)(3)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by striking ``First 
     phase'' and inserting ``Phase i''; and
       (II) by striking ``first phase'' and inserting ``Phase I''; 
     and

       (ii) in subparagraph (B)--

       (I) in the subparagraph heading, by striking ``Second 
     phase'' and inserting ``Phase ii''; and
       (II) by striking ``second phase'' and inserting ``Phase 
     II'';

       (H) in subsection (r)--
       (i) in the subsection heading, by striking ``Third Phase'' 
     and inserting ``Phase III'';
       (ii) in paragraph (1)--

       (I) in the first sentence--

       (aa) by striking ``for the second phase'' and inserting 
     ``for Phase II'';
       (bb) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (cc) by striking ``second phase period'' and inserting 
     ``Phase II period''; and

       (II) in the second sentence--

       (aa) by striking ``second phase'' and inserting ``Phase 
     II''; and

[[Page 6460]]

       (bb) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (iii) in paragraph (2), by striking ``third phase'' and 
     inserting ``Phase III''; and
       (I) in subsection (u)(2)(B), by striking ``the first 
     phase'' and inserting ``Phase I''; and
       (2) in section 34(c)(2)(B)(vii) (15 U.S.C. 
     657e(c)(2)(B)(vii)), as redesignated by section 201 of this 
     Act, by striking ``third phase'' and inserting ``Phase III''.

     SEC. 208. SHORTENED PERIOD FOR FINAL DECISIONS ON PROPOSALS 
                   AND APPLICATIONS.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended--
       (1) in subsection (g)(4)--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) by adding ``and'' after the semicolon at the end; and
       (C) by adding at the end the following:
       ``(B) make a final decision on each proposal submitted 
     under the SBIR program--
       ``(i) not later than 90 days after the date on which the 
     solicitation closes; or
       ``(ii) if the Administrator authorizes an extension for a 
     solicitation, not later than 180 days after the date on which 
     the solicitation closes;''; and
       (2) in subsection (o)(4)--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) by adding ``and'' after the semicolon at the end; and
       (C) by adding at the end the following:
       ``(B) make a final decision on each proposal submitted 
     under the STTR program--
       ``(i) not later than 90 days after the date on which the 
     solicitation closes; or
       ``(ii) if the Administrator authorizes an extension for a 
     solicitation, not later than 180 days after the date on which 
     the solicitation closes;''.
       (b) NIH Peer Review Process.--
       (1) In general.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(hh) NIH Peer Review Process.--The Director of the 
     National Institutes of Health may make an award under the 
     SBIR program or the STTR program of the National Institutes 
     of Health if the application for the award has undergone 
     technical and scientific peer review under section 492 of the 
     Public Health Service Act (42 U.S.C. 289a).''.
       (2) Technical and conforming amendments.--Section 105 of 
     the National Institutes of Health Reform Act of 2006 (42 
     U.S.C. 284n) is amended--
       (A) in subsection (a)(3)--
       (i) by striking ``A grant'' and inserting ``Except as 
     provided in section 9(hh) of the Small Business Act (15 
     U.S.C. 638(hh)), a grant''; and
       (ii) by striking ``section 402(k)'' and all that follows 
     through ``Act)'' and inserting ``section 402(l) of such 
     Act''; and
       (B) in subsection (b)(5)--
       (i) by striking ``A grant'' and inserting ``Except as 
     provided in section 9(hh) of the Small Business Act (15 
     U.S.C. 638(hh)), a grant''; and
       (ii) by striking ``section 402(k)'' and all that follows 
     through ``Act)'' and inserting ``section 402(l) of such 
     Act''.

                  TITLE III--OVERSIGHT AND EVALUATION

     SEC. 301. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)), 
     as amended by section 102 of this Act, is amended--
       (1) in paragraph (7)--
       (A) by striking ``STTR programs, including the data'' and 
     inserting the following: ``STTR programs, including--
       ``(A) the data'';
       (B) by striking ``(g)(10), (o)(9), and (o)(15), the 
     number'' and all that follows through ``under each of the 
     SBIR and STTR programs, and a description'' and inserting the 
     following: ``(g)(8) and (o)(9); and
       ``(B) the number of proposals received from, and the number 
     and total amount of awards to, HUBZone small business 
     concerns and firms with venture capital investment (including 
     those majority-owned by multiple venture capital operating 
     companies) under each of the SBIR and STTR programs;
       ``(C) a description of the extent to which each Federal 
     agency is increasing outreach and awards to firms owned and 
     controlled by women and social or economically disadvantaged 
     individuals under each of the SBIR and STTR programs;
       ``(D) general information about the implementation of, and 
     compliance with the allocation of funds required under, 
     subsection (cc) for firms owned in majority part by venture 
     capital operating companies and participating in the SBIR 
     program;
       ``(E) a detailed description of appeals of Phase III awards 
     and notices of noncompliance with the SBIR Policy Directive 
     and the STTR Policy Directive filed by the Administrator with 
     Federal agencies; and
       ``(F) a description''; and
       (2) by inserting after paragraph (7) the following:
       ``(8) to coordinate the implementation of electronic 
     databases at each of the Federal agencies participating in 
     the SBIR program or the STTR program, including the technical 
     ability of the participating agencies to electronically share 
     data;''.

     SEC. 302. DATA COLLECTION FROM AGENCIES FOR SBIR.

       Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) 
     is amended--
       (1) by striking paragraph (10);
       (2) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (3) by inserting after paragraph (7) the following:
       ``(8) collect annually, and maintain in a common format in 
     accordance with the simplified reporting requirements under 
     subsection (v), such information from awardees as is 
     necessary to assess the SBIR program, including information 
     necessary to maintain the database described in subsection 
     (k), including--
       ``(A) whether an awardee--
       ``(i) has venture capital or is majority-owned by multiple 
     venture capital operating companies, and, if so--

       ``(I) the amount of venture capital that the awardee has 
     received as of the date of the award; and
       ``(II) the amount of additional capital that the awardee 
     has invested in the SBIR technology;

       ``(ii) has an investor that--

       ``(I) is an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States, 
     and if so, the name of any such individual; or
       ``(II) is a person that is not an individual and is not 
     organized under the laws of a State or the United States, and 
     if so the name of any such person;

       ``(iii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iv) is owned by a socially or economically disadvantaged 
     individual or has a socially or economically disadvantaged 
     individual as a principal investigator;
       ``(v) received assistance under the FAST program under 
     section 34, as in effect on the day before the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011, or 
     the outreach program under subsection (s);
       ``(vi) is a faculty member or a student of an institution 
     of higher education, as that term is defined in section 101 
     of the Higher Education Act of 1965 (20 U.S.C. 1001);
       ``(vii) is located in a State described in subsection 
     (u)(3); or
       ``(viii)(I) has a product, process, technology, or service 
     that received funding under the SBIR program of the Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States; and
       ``(B) a justification statement from the agency, if an 
     awardee receives an award in an amount that is more than the 
     award guidelines under this section;''.

     SEC. 303. DATA COLLECTION FROM AGENCIES FOR STTR.

       Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) 
     is amended by striking paragraph (9) and inserting the 
     following:
       ``(9) collect annually, and maintain in a common format in 
     accordance with the simplified reporting requirements under 
     subsection (v), such information from applicants and awardees 
     as is necessary to assess the STTR program outputs and 
     outcomes, including information necessary to maintain the 
     database described in subsection (k), including--
       ``(A) whether an applicant or awardee--
       ``(i) has venture capital or is majority-owned by multiple 
     venture capital operating companies, and, if so--

       ``(I) the amount of venture capital that the applicant or 
     awardee has received as of the date of the application or 
     award, as applicable; and
       ``(II) the amount of additional capital that the applicant 
     or awardee has invested in the SBIR technology;

       ``(ii) has an investor that--

       ``(I) is an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States, 
     and if so, the name of any such individual; or
       ``(II) is a person that is not an individual and is not 
     organized under the laws of a State or the United States, and 
     if so the name of any such person;

       ``(iii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iv) is owned by a socially or economically disadvantaged 
     individual or has a socially or economically disadvantaged 
     individual as a principal investigator;
       ``(v) received assistance under the FAST program under 
     section 34 or the outreach program under subsection (s);
       ``(vi) is a faculty member or a student of an institution 
     of higher education, as that term is defined in section 101 
     of the Higher Education Act of 1965 (20 U.S.C. 1001);
       ``(vii) is located in a State in which the total value of 
     contracts awarded to small business concerns under all STTR 
     programs is less than the total value of contracts awarded to 
     small business concerns in a majority of other States, as 
     determined by the Administrator in biennial fiscal years, 
     beginning with fiscal year 2008, based on the most recent 
     statistics compiled by the Administrator; or
       ``(viii)(I) has a product, process, technology, or service 
     that received funding under the STTR program of the Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and

[[Page 6461]]

       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States; and
       ``(B) if an awardee receives an award in an amount that is 
     more than the award guidelines under this section, a 
     statement from the agency that justifies the award amount;''.

     SEC. 304. PUBLIC DATABASE.

       Section 9(k)(1) of the Small Business Act (15 U.S.C. 
     638(k)(1)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) for each small business concern that has received a 
     Phase I or Phase II SBIR or STTR award from a Federal agency, 
     whether the small business concern--
       ``(i) has venture capital and, if so, whether the small 
     business concern is registered as majority-owned by multiple 
     venture capital operating companies as required under 
     subsection (cc)(4);
       ``(ii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iii) is owned by a socially or economically 
     disadvantaged individual or has a socially or economically 
     disadvantaged individual as a principal investigator;
       ``(iv) received assistance under the FAST program under 
     section 34, as in effect on the day before the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011, or 
     the outreach program under subsection (s);
       ``(v) is owned by a faculty member or a student of an 
     institution of higher education, as that term is defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001); or
       ``(vi)(I) has a product, process, technology, or service 
     that received funding under the SBIR or STTR program of the 
     Federal agency and that is produced or delivered for sale to 
     or use by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States.''.

     SEC. 305. GOVERNMENT DATABASE.

       Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) 
     is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Not later'' and all that follows through ``Act of 2000'' 
     and inserting ``Not later than 90 days after the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011'';
       (B) by striking subparagraph (C);
       (C) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (D) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) contains, for each small business concern that 
     applies for, submits a proposal for, or receives an award 
     under Phase I or Phase II of the SBIR program or the STTR 
     program--
       ``(i) the name, size, and location, and an identifying 
     number assigned by the Administration of the small business 
     concern;
       ``(ii) an abstract of the project;
       ``(iii) the specific aims of the project;
       ``(iv) the number of employees of the small business 
     concern;
       ``(v) the names of key individuals that will carry out the 
     project;
       ``(vi) the percentage of effort each individual described 
     in clause (iv) will contribute to the project;
       ``(vii) whether the small business concern is majority-
     owned by multiple venture capital operating companies;
       ``(viii) the Federal agency to which the application is 
     made, and contact information for the person or office within 
     the Federal agency that is responsible for reviewing 
     applications and making awards under the SBIR program or the 
     STTR program; and
       ``(ix) whether the small business concern--

       ``(I) has a product, process, technology, or service that 
     received funding under the SBIR or STTR program of a Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States;'';

       (E) by redesignating subparagraphs (D), and (E) as 
     subparagraphs (E) and (F), respectively;
       (F) by inserting after subparagraph (C), as so 
     redesignated, the following:
       ``(D) includes, for each awardee--
       ``(i) the name, size, location, and any identifying number 
     assigned to the awardee by the Administrator;
       ``(ii) whether the awardee has venture capital, and, if 
     so--

       ``(I) the amount of venture capital as of the date of the 
     award;
       ``(II) the percentage of ownership of the awardee held by a 
     venture capital operating company, including whether the 
     awardee is majority-owned by multiple venture capital 
     operating companies; and
       ``(III) the amount of additional capital that the awardee 
     has invested in the SBIR technology, which information shall 
     be collected on an annual basis;

       ``(iii) the names and locations of any affiliates of the 
     awardee;
       ``(iv) the number of employees of the awardee;
       ``(v) the number of employees of the affiliates of the 
     awardee; and
       ``(vi) the names of, and the percentage of ownership of the 
     awardee held by--

       ``(I) any individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States; 
     or
       ``(II) any person that is not an individual and is not 
     organized under the laws of a State or the United States;'';

       (G) in subparagraph (E), as so redesignated, by striking 
     ``and'' at the end;
       (H) in subparagraph (F), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (I) by adding at the end the following:
       ``(G) includes a timely and accurate list of any individual 
     or small business concern that has participated in the SBIR 
     program or STTR program that has committed fraud, waste, or 
     abuse relating to the SBIR program or STTR program.''; and
       (2) in paragraph (3), by adding at the end the following:
       ``(C) Government database.--Not later than 60 days after 
     the date established by a Federal agency for submitting 
     applications or proposals for a Phase I or Phase II award 
     under the SBIR program or STTR program, the head of the 
     Federal agency shall submit to the Administrator the data 
     required under paragraph (2) with respect to each small 
     business concern that applies or submits a proposal for the 
     Phase I or Phase II award.''.

     SEC. 306. ACCURACY IN FUNDING BASE CALCULATIONS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter until the 
     date that is 5 years after the date of enactment of this Act, 
     the Comptroller General of the United States shall--
       (1) conduct a fiscal and management audit of the SBIR 
     program and the STTR program for the applicable period to--
       (A) determine whether Federal agencies comply with the 
     expenditure amount requirements under subsections (f)(1) and 
     (n)(1) of section 9 of the Small Business Act (15 U.S.C. 
     638), as amended by this Act;
       (B) assess the extent of compliance with the requirements 
     of section 9(i)(2) of the Small Business Act (15 U.S.C. 
     638(i)(2)) by Federal agencies participating in the SBIR 
     program or the STTR program and the Administration;
       (C) assess whether it would be more consistent and 
     effective to base the amount of the allocations under the 
     SBIR program and the STTR program on a percentage of the 
     research and development budget of a Federal agency, rather 
     than the extramural budget of the Federal agency; and
       (D) determine the portion of the extramural research or 
     research and development budget of a Federal agency that each 
     Federal agency spends for administrative purposes relating to 
     the SBIR program or STTR program, and for what specific 
     purposes, including the portion, if any, of such budget the 
     Federal agency spends for salaries and expenses, travel to 
     visit applicants, outreach events, marketing, and technical 
     assistance; and
       (2) submit a report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives regarding the audit 
     conducted under paragraph (1), including the assessments 
     required under subparagraphs (B) and (C), and the 
     determination made under subparagraph (D) of paragraph (1).
       (b) Definition of Applicable Period.--In this section, the 
     term ``applicable period'' means--
       (1) for the first report submitted under this section, the 
     period beginning on October 1, 2005, and ending on September 
     30 of the last full fiscal year before the date of enactment 
     of this Act for which information is available; and
       (2) for the second and each subsequent report submitted 
     under this section, the period--
       (A) beginning on October 1 of the first fiscal year after 
     the end of the most recent full fiscal year relating to which 
     a report under this section was submitted; and
       (B) ending on September 30 of the last full fiscal year 
     before the date of the report.

     SEC. 307. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF 
                   SCIENCES.

       Section 108 of the Small Business Reauthorization Act of 
     2000 (15 U.S.C. 638 note) is amended by adding at the end the 
     following:
       ``(e) Extensions and Enhancements of Authority.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of the SBIR/STTR Reauthorization Act of 2011, 
     the head of each agency described in subsection (a), in 
     consultation with the Small Business Administration, shall 
     cooperatively enter into an agreement with the National 
     Academy of Sciences for the National Research Council to, not 
     later than 4 years after the date of

[[Page 6462]]

     enactment of the SBIR/STTR Reauthorization Act of 2011, and 
     every 4 years thereafter--
       ``(A) continue the most recent study under this section 
     relating to--
       ``(i) the issues described in subparagraphs (A), (B), (C), 
     and (E) of subsection (a)(1); and
       ``(ii) the effectiveness of the government and public 
     databases described in section 9(k) of the Small Business Act 
     (15 U.S.C. 638(k)) in reducing vulnerabilities of the SBIR 
     program and the STTR program to fraud, waste, and abuse, 
     particularly with respect to Federal agencies funding 
     duplicative proposals and business concerns falsifying 
     information in proposals;
       ``(B) make recommendations with respect to the issues 
     described in subparagraph (A)(ii) and subparagraphs (A), (D), 
     and (E) of subsection (a)(2);
       ``(C) estimate, to the extent practicable, the number of 
     jobs created by the SBIR program or STTR program of the 
     agency; and
       ``(D) estimate, to the extent practicable, the amount of 
     production and manufacturing in the United States that 
     resulted from awards under the SBIR program or STTR program 
     of the agency; and
       ``(E) make recommendations, if any, for changes to the SBIR 
     program or STTR program of the agency that would increase 
     production and manufacturing in the United States.
       ``(2) Consultation.--An agreement under paragraph (1) shall 
     require the National Research Council to ensure there is 
     participation by and consultation with the small business 
     community, the Administration, and other interested parties 
     as described in subsection (b).
       ``(3) Reporting.--An agreement under paragraph (1) shall 
     require that not later than 4 years after the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011, and 
     every 4 years thereafter, the National Research Council shall 
     submit to the head of the agency entering into the agreement, 
     the Committee on Small Business and Entrepreneurship of the 
     Senate, and the Committee on Small Business of the House of 
     Representatives a report regarding the study conducted under 
     paragraph (1) and containing the recommendations described in 
     paragraph (1).''.

     SEC. 308. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ii) Phase III Reporting.--The annual SBIR or STTR report 
     to Congress by the Administration under subsection (b)(7) 
     shall include, for each Phase III award made by the Federal 
     agency--
       ``(1) the name of the agency or component of the agency or 
     the non-Federal source of capital making the Phase III award;
       ``(2) the name of the small business concern or individual 
     receiving the Phase III award;
       ``(3) the dollar amount of the Phase III award; and
       ``(4) whether the small business concern or individual 
     receiving the Phase III award is developing, testing, 
     producing, or manufacturing the product or service that is 
     the subject of the Phase III award in the United States.''.

     SEC. 309. INTELLECTUAL PROPERTY PROTECTIONS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the SBIR program to assess 
     whether--
       (1) Federal agencies comply with the data rights 
     protections for SBIR awardees and the technologies of SBIR 
     awardees under section 9 of the Small Business Act (15 U.S.C. 
     638);
       (2) the laws and policy directives intended to clarify the 
     scope of data rights, including in prototypes and mentor-
     protege relationships and agreements with Federal 
     laboratories, are sufficient to protect SBIR awardees; and
       (3) there is an effective grievance tracking process for 
     SBIR awardees who have grievances against a Federal agency 
     regarding data rights and a process for resolving those 
     grievances.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General 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 regarding the study conducted 
     under subsection (a).

     SEC. 310. OBTAINING CONSENT FROM SBIR AND STTR APPLICANTS TO 
                   RELEASE CONTACT INFORMATION TO ECONOMIC 
                   DEVELOPMENT ORGANIZATIONS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(jj) Consent To Release Contact Information to 
     Organizations.--
       ``(1) Enabling concern to give consent.--Each Federal 
     agency required by this section to conduct an SBIR program or 
     an STTR program shall enable a small business concern that is 
     an SBIR applicant or an STTR applicant to indicate to the 
     Federal agency whether the Federal agency has the consent of 
     the concern to--
       ``(A) identify the concern to appropriate local and State-
     level economic development organizations as an SBIR applicant 
     or an STTR applicant; and
       ``(B) release the contact information of the concern to 
     such organizations.
       ``(2) Rules.--The Administrator shall establish rules to 
     implement this subsection. The rules shall include a 
     requirement that a Federal agency include in the SBIR and 
     STTR application a provision through which the applicant can 
     indicate consent for purposes of paragraph (1).''.

     SEC. 311. PILOT TO ALLOW FUNDING FOR ADMINISTRATIVE, 
                   OVERSIGHT, AND CONTRACT PROCESSING COSTS.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(kk) Assistance for Administrative, Oversight, and 
     Contract Processing Costs.--
       ``(1) In general.--Subject to paragraph (2), for the 3 full 
     fiscal years beginning after the date of enactment of this 
     subsection, the Administrator shall allow each Federal agency 
     required to conduct an SBIR program to use not more than 3 
     percent of the funds allocated to the SBIR program of the 
     Federal agency for--
       ``(A) the administration of the SBIR program or the STTR 
     program of the Federal agency;
       ``(B) the provision of outreach and technical assistance 
     relating to the SBIR program or STTR program of the Federal 
     agency, including technical assistance site visits and 
     personnel interviews;
       ``(C) the implementation of commercialization and outreach 
     initiatives that were not in effect on the date of enactment 
     of this subsection;
       ``(D) carrying out the program under subsection (y);
       ``(E) activities relating to oversight and congressional 
     reporting, including the waste, fraud, and abuse prevention 
     activities described in section 313(a)(1)(B)(ii) of the SBIR/
     STTR Reauthorization Act of 2011;
       ``(F) targeted reviews of recipients of awards under the 
     SBIR program or STTR program of the Federal agency that the 
     head of the Federal agency determines are at high risk for 
     fraud, waste, or abuse, to ensure compliance with 
     requirements of the SBIR program or STTR program, 
     respectively;
       ``(G) the implementation of oversight and quality control 
     measures, including verification of reports and invoices and 
     cost reviews;
       ``(H) carrying out subsection (cc);
       ``(I) carrying out subsection (ff);
       ``(J) contract processing costs relating to the SBIR 
     program or STTR program of the Federal agency; and
       ``(K) funding for additional personnel and assistance with 
     application reviews.
       ``(2) Performance criteria.--A Federal agency may not use 
     funds as authorized under paragraph (1) until after the 
     effective date of performance criteria, which the 
     Administrator shall establish, to measure any benefits of 
     using funds as authorized under paragraph (1) and to assess 
     continuation of the authority under paragraph (1).
       ``(3) Rules.--Not later than 180 days after the date of 
     enactment of this subsection, the Administrator shall issue 
     rules to carry out this subsection.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended--
       (A) in subsection (f)(2)(A), as so designated by section 
     103(2) of this Act, by striking ``shall not'' and all that 
     follows through ``make available for the purpose'' and 
     inserting ``shall not make available for the purpose''; and
       (B) in subsection (y), as amended by section 203--
       (i) by striking paragraph (4);
       (ii) by redesignating paragraphs (5) and (6) as paragraphs 
     (4) and (5), respectively.
       (2) Transitional rule.--Notwithstanding the amendments made 
     by paragraph (1), subsection (f)(2)(A) and (y)(4) of section 
     9 of the Small Business Act (15 U.S.C. 638), as in effect on 
     the day before the date of enactment of this Act, shall 
     continue to apply to each Federal agency until the effective 
     date of the performance criteria established by the 
     Administrator under subsection (kk)(2) of section 9 of the 
     Small Business Act, as added by subsection (a).
       (3) Prospective repeal.--Effective on the first day of the 
     fourth full fiscal year following the date of enactment of 
     this Act, section 9 of the Small Business Act (15 U.S.C. 
     638), as amended by paragraph (1) of this section, is 
     amended--
       (A) in subsection (f)(2)(A), by striking ``shall not make 
     available for the purpose'' and inserting the following: 
     ``shall not--
       ``(i) use any of its SBIR budget established pursuant to 
     paragraph (1) for the purpose of funding administrative costs 
     of the program, including costs associated with salaries and 
     expenses; or
       ``(ii) make available for the purpose''; and
       (B) in subsection (y)--
       (i) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (ii) by inserting after paragraph (3) the following:
       ``(4) Funding.--
       ``(A) In general.--The Secretary of Defense and each 
     Secretary of a military department may use not more than an 
     amount equal to 1 percent of the funds available to

[[Page 6463]]

     the Department of Defense or the military department pursuant 
     to the Small Business Innovation Research Program for payment 
     of expenses incurred to administer the Commercialization 
     Pilot Program under this subsection.
       ``(B) Limitations.--The funds described in subparagraph 
     (A)--
       ``(i) shall not be subject to the limitations on the use of 
     funds in subsection (f)(2); and
       ``(ii) shall not be used to make Phase III awards.''.

     SEC. 312. GAO STUDY WITH RESPECT TO VENTURE CAPITAL OPERATING 
                   COMPANY INVOLVEMENT.

       Not later than 3 years after the date of enactment of this 
     Act, and every 3 years thereafter, the Comptroller General of 
     the United States shall--
       (1) conduct a study of the impact of requirements relating 
     to venture capital operating company involvement under 
     section 9(cc) of the Small Business Act, as added by section 
     108 of this Act; and
       (2) submit to Congress a report regarding the study 
     conducted under paragraph (1).

     SEC. 313. REDUCING VULNERABILITY OF SBIR AND STTR PROGRAMS TO 
                   FRAUD, WASTE, AND ABUSE.

       (a) Fraud, Waste, and Abuse Prevention.--
       (1) Guidelines for fraud, waste, and abuse prevention.--
       (A) Amendments required.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator shall amend 
     the SBIR Policy Directive and the STTR Policy Directive to 
     include measures to prevent fraud, waste, and abuse in the 
     SBIR program and the STTR program.
       (B) Content of amendments.--The amendments required under 
     subparagraph (A) shall include--
       (i) definitions or descriptions of fraud, waste, and abuse;
       (ii) a requirement that the Inspectors General of each 
     Federal agency that participates in the SBIR program or the 
     STTR program cooperate to--

       (I) establish fraud detection indicators;
       (II) review regulations and operating procedures of the 
     Federal agencies;
       (III) coordinate information sharing between the Federal 
     agencies; and
       (IV) improve the education and training of, and outreach 
     to--

       (aa) administrators of the SBIR program and the STTR 
     program of each Federal agency;
       (bb) applicants to the SBIR program or the STTR program; 
     and
       (cc) recipients of awards under the SBIR program or the 
     STTR program;
       (iii) guidelines for the monitoring and oversight of 
     applicants to and recipients of awards under the SBIR program 
     or the STTR program; and
       (iv) a requirement that each Federal agency that 
     participates in the SBIR program or STTR program include the 
     telephone number of the hotline established under paragraph 
     (2)--

       (I) on the Web site of the Federal agency; and
       (II) in any solicitation or notice of funding opportunity 
     issued by the Federal agency for the SBIR program or the STTR 
     program.

       (2) Fraud, waste, and abuse prevention hotline.--
       (A) Hotline established.--The Administrator shall establish 
     a telephone hotline that allows individuals to report fraud, 
     waste, and abuse in the SBIR program or STTR program.
       (B) Publication.--The Administrator shall include the 
     telephone number for the hotline established under 
     subparagraph (A) on the Web site of the Administration.
       (b) Study and Report.--
       (1) Study.--Not later than 1 year after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Comptroller General of the United States shall--
       (A) conduct a study that evaluates--
       (i) the implementation by each Federal agency that 
     participates in the SBIR program or the STTR program of the 
     amendments to the SBIR Policy Directive and the STTR Policy 
     Directive made pursuant to subsection (a);
       (ii) the effectiveness of the management information system 
     of each Federal agency that participates in the SBIR program 
     or STTR program in identifying duplicative SBIR and STTR 
     projects;
       (iii) the effectiveness of the risk management strategies 
     of each Federal agency that participates in the SBIR program 
     or STTR program in identifying areas of the SBIR program or 
     the STTR program that are at high risk for fraud;
       (iv) technological tools that may be used to detect 
     patterns of behavior that may indicate fraud by applicants to 
     the SBIR program or the STTR program;
       (v) the success of each Federal agency that participates in 
     the SBIR program or STTR program in reducing fraud, waste, 
     and abuse in the SBIR program or the STTR program of the 
     Federal agency; and
       (vi) the extent to which the Inspector General of each 
     Federal agency that participates in the SBIR program or STTR 
     program effectively conducts investigations of individuals 
     alleged to have submitted false claims or violated Federal 
     law relating to fraud, conflicts of interest, bribery, 
     gratuity, or other misconduct; and
       (B) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate, the Committee on Small 
     Business of the House of Representatives, and the head of 
     each Federal agency that participates in the SBIR program or 
     STTR program a report on the results of the study conducted 
     under subparagraph (A).

     SEC. 314. INTERAGENCY POLICY COMMITTEE.

       (a) Establishment.--The Director of the Office of Science 
     and Technology Policy (in this section referred to as the 
     ``Director''), in conjunction with the Administrator, shall 
     establish an Interagency SBIR/STTR Policy Committee (in this 
     section referred to as the ``Committee'') comprised of 1 
     representative from each Federal agency with an SBIR program 
     or an STTR program and 1 representative of the Office of 
     Management and Budget.
       (b) Cochairpersons.--The Director and the Administrator 
     shall serve as cochairpersons of the Committee.
       (c) Duties.--The Committee shall review, and make policy 
     recommendations on ways to improve the effectiveness and 
     efficiency of, the SBIR program and the STTR program, 
     including--
       (1) reviewing the effectiveness of the public and 
     government databases described in section 9(k) of the Small 
     Business Act (15 U.S.C. 638(k));
       (2) identifying--
       (A) best practices for commercialization assistance by 
     Federal agencies that have significant potential to be 
     employed by other Federal agencies;
       (B) proposals by Federal agencies for initiatives to 
     address challenges for small business concerns in obtaining 
     funding after a Phase II award ends and before 
     commercialization; and
       (C) ways for Federal agencies to create incentives for 
     recipients of awards under the SBIR program and the STTR 
     program to carry out research, development, testing, 
     production, and manufacturing in the United States; and
       (3) developing and incorporating a standard evaluation 
     framework to enable systematic assessment of the SBIR program 
     and STTR program, including through improved tracking of 
     awards and outcomes and development of performance measures 
     for the SBIR program and STTR program of each Federal agency.
       (d) Reports.--The Committee shall submit to the Committee 
     on Small Business and Entrepreneurship of the Senate and the 
     Committee on Science and Technology and the Committee on 
     Small Business of the House of Representatives--
       (1) a report on the review by and recommendations of the 
     Committee under subsection (c)(1) not later than 1 year after 
     the date of enactment of this Act;
       (2) a report on the review by and recommendations of the 
     Committee under subsection (c)(2) not later than 18 months 
     after the date of enactment of this Act; and
       (3) a report on the review by and recommendations of the 
     Committee under subsection (c)(3) not later than 2 years 
     after the date of enactment of this Act.

     SEC. 315. SIMPLIFIED PAPERWORK REQUIREMENTS.

       Section 9(v) of the Small Business Act (15 U.S.C. 638(v)) 
     is amended--
       (1) in the subsection heading, by striking ``Simplified 
     Reporting Requirements'' and inserting ``Reducing Paperwork 
     and Compliance Burden'';
       (2) by striking ``The Administrator'' and inserting the 
     following:
       ``(1) Standardization of reporting requirements.--The 
     Administrator''; and
       (3) by adding at the end the following:
       ``(2) Simplification of application and award process.--Not 
     later than one year after the date of enactment of this 
     paragraph, and after a period of public comment, the 
     Administrator shall issue regulations or guidelines, taking 
     into consideration the unique needs of each Federal agency, 
     to ensure that each Federal agency required to carry out an 
     SBIR program or STTR program simplifies and standardizes the 
     program proposal, selection, contracting, compliance, and 
     audit procedures for the SBIR program or STTR program of the 
     Federal agency (including procedures relating to overhead 
     rates for applicants and documentation requirements) to 
     reduce the paperwork and regulatory compliance burden on 
     small business concerns applying to and participating in the 
     SBIR program or STTR program.''.

     SEC. 316. SUBCONTRACTOR NOTIFICATIONS.

       Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
     is amended by adding at the end the following:
       ``(13) Notification requirement.--An offeror with respect 
     to a contract let by a Federal agency that is to be awarded 
     pursuant to the negotiated method of procurement that intends 
     to identify a small business concern as a potential 
     subcontractor in the offer relating to the contract shall 
     notify the small business concern that the offeror intends to 
     identify the small business concern as a potential 
     subcontractor in the offer.
       ``(14) Reporting by subcontractors.--The Administrator 
     shall establish a reporting mechanism that allows a 
     subcontractor to report fraudulent activity by a contractor

[[Page 6464]]

     with respect to a subcontracting plan submitted to a 
     procurement authority under paragraph (4)(B).''.

                      TITLE IV--POLICY DIRECTIVES

     SEC. 401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR 
                   POLICY DIRECTIVES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     amendments to the SBIR Policy Directive and the STTR Policy 
     Directive to conform such directives to this Act and the 
     amendments made by this Act.
       (b) Publishing SBIR Policy Directive and the STTR Policy 
     Directive in the Federal Register.--Not later than 180 days 
     after the date of enactment of this Act, the Administrator 
     shall publish the amended SBIR Policy Directive and the 
     amended STTR Policy Directive in the Federal Register.

                       TITLE V--OTHER PROVISIONS

     SEC. 501. RESEARCH TOPICS AND PROGRAM DIVERSIFICATION.

       (a) SBIR Program.--Section 9(g) of the Small Business Act 
     (15 U.S.C. 638(g)) is amended--
       (1) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``broad research topics and to topics that further 1 or more 
     critical technologies'' and inserting ``applications to the 
     Federal agency for support of projects relating to 
     nanotechnology, rare diseases, security, energy, 
     transportation, or improving the security and quality of the 
     water supply of the United States, and the efficiency of 
     water delivery systems and usage patterns in the United 
     States (including the territories of the United States) 
     through the use of technology (to the extent that the 
     projects relate to the mission of the Federal agency), broad 
     research topics, and topics that further 1 or more critical 
     technologies or research priorities'';
       (B) in subparagraph (A), by striking ``or'' at the end; and
       (C) by adding at the end the following:
       ``(C) the National Academy of Sciences, in the final report 
     issued by the `America's Energy Future: Technology 
     Opportunities, Risks, and Tradeoffs' project, and in any 
     subsequent report by the National Academy of Sciences on 
     sustainability, energy, or alternative fuels;
       ``(D) the National Institutes of Health, in the annual 
     report on the rare diseases research activities of the 
     National Institutes of Health for fiscal year 2005, and in 
     any subsequent report by the National Institutes of Health on 
     rare diseases research activities;
       ``(E) the National Academy of Sciences, in the final report 
     issued by the `Transit Research and Development: Federal Role 
     in the National Program' project and the report entitled 
     `Transportation Research, Development and Technology 
     Strategic Plan (2006-2010)' issued by the Research and 
     Innovative Technology Administration of the Department of 
     Transportation, and in any subsequent report issued by the 
     National Academy of Sciences or the Department of 
     Transportation on transportation and infrastructure; or
       ``(F) the national nanotechnology strategic plan required 
     under section 2(c)(4) of the 21st Century Nanotechnology 
     Research and Development Act (15 U.S.C. 7501(c)(4)) and in 
     any report issued by the National Science and Technology 
     Council Committee on Technology that focuses on areas of 
     nanotechnology identified in such plan;''; and
       (2) by adding after paragraph (12), as added by section 
     111(a) of this Act, the following:
       ``(13) encourage applications under the SBIR program (to 
     the extent that the projects relate to the mission of the 
     Federal agency)--
       ``(A) from small business concerns in geographic areas 
     underrepresented in the SBIR program or located in rural 
     areas (as defined in section 1393(a)(2) of the Internal 
     Revenue Code of 1986);
       ``(B) small business concerns owned and controlled by 
     women;
       ``(C) small business concerns owned and controlled by 
     veterans;
       ``(D) small business concerns owned and controlled by 
     Native Americans; and
       ``(E) small business concerns located in a geographic area 
     with an unemployment rates that exceed the national 
     unemployment rate, based on the most recently available 
     monthly publications of the Bureau of Labor Statistics of the 
     Department of Labor.''.
       (b) STTR Program.--Section 9(o) of the Small Business Act 
     (15 U.S.C. 638(o)), as amended by section 111(b) of this Act, 
     is amended--
       (1) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``broad research topics and to topics that further 1 or more 
     critical technologies'' and inserting ``applications to the 
     Federal agency for support of projects relating to 
     nanotechnology, security, energy, rare diseases, 
     transportation, or improving the security and quality of the 
     water supply of the United States (to the extent that the 
     projects relate to the mission of the Federal agency), broad 
     research topics, and topics that further 1 or more critical 
     technologies or research priorities'';
       (B) in subparagraph (A), by striking ``or'' at the end; and
       (C) by adding at the end the following:
       ``(C) the National Academy of Sciences, in the final report 
     issued by the `America's Energy Future: Technology 
     Opportunities, Risks, and Tradeoffs' project, and in any 
     subsequent report by the National Academy of Sciences on 
     sustainability, energy, or alternative fuels;
       ``(D) the National Institutes of Health, in the annual 
     report on the rare diseases research activities of the 
     National Institutes of Health for fiscal year 2005, and in 
     any subsequent report by the National Institutes of Health on 
     rare diseases research activities;
       ``(E) the National Academy of Sciences, in the final report 
     issued by the `Transit Research and Development: Federal Role 
     in the National Program' project and the report entitled 
     `Transportation Research, Development and Technology 
     Strategic Plan (2006-2010)' issued by the Research and 
     Innovative Technology Administration of the Department of 
     Transportation, and in any subsequent report issued by the 
     National Academy of Sciences or the Department of 
     Transportation on transportation and infrastructure; or
       ``(F) the national nanotechnology strategic plan required 
     under section 2(c)(4) of the 21st Century Nanotechnology 
     Research and Development Act (15 U.S.C. 7501(c)(4)) and in 
     any report issued by the National Science and Technology 
     Council Committee on Technology that focuses on areas of 
     nanotechnology identified in such plan;'';
       (2) in paragraph (15), by striking ``and'' at the end;
       (3) in paragraph (16), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(17) encourage applications under the STTR program (to 
     the extent that the projects relate to the mission of the 
     Federal agency)--
       ``(A) from small business concerns in geographic areas 
     underrepresented in the STTR program or located in rural 
     areas (as defined in section 1393(a)(2) of the Internal 
     Revenue Code of 1986);
       ``(B) small business concerns owned and controlled by 
     women;
       ``(C) small business concerns owned and controlled by 
     veterans;
       ``(D) small business concerns owned and controlled by 
     Native Americans; and
       ``(E) small business concerns located in a geographic area 
     with an unemployment rates that exceed the national 
     unemployment rate, based on the most recently available 
     monthly publications of the Bureau of Labor Statistics of the 
     Department of Labor.''.
       (c) Research and Development Focus.--Section 9(x) of the 
     Small Business Act (15 U.S.C. 638(x)) is amended--
       (1) by striking paragraph (2); and
       (2) by redesignating paragraph (3) as paragraph (2).

     SEC. 502. REPORT ON SBIR AND STTR PROGRAM GOALS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ll) Annual Report on SBIR and STTR Program Goals.--
       ``(1) Development of metrics.--The head of each Federal 
     agency required to participate in the SBIR program or the 
     STTR program shall develop metrics to evaluate the 
     effectiveness, and the benefit to the people of the United 
     States, of the SBIR program and the STTR program of the 
     Federal agency that--
       ``(A) are science-based and statistically driven;
       ``(B) reflect the mission of the Federal agency; and
       ``(C) include factors relating to the economic impact of 
     the programs, including the impact on production and 
     manufacturing in the United States.
                                 ______
                                 
  SA 316. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 56, strike line 16 and all that follows through 
     page 57, line 4, and insert the following:
       ``(5) Increasing domestic capabilities.--In carrying out a 
     pilot program, the head of a covered Federal agency shall 
     give preference to applicants that intend to test, develop, 
     or manufacture a product or service in the United States.
       ``(6) Report.--The head of each covered Federal agency 
     shall include in the annual report of the covered Federal 
     agency to the Administrator an analysis of the various 
     activities considered for inclusion in the pilot program of 
     the covered Federal agency and a statement of the reasons why 
     each activity considered was included or not included, as the 
     case may be.
       ``(7) Termination.--The authority to establish a pilot 
     program under this section expires at the end of fiscal year 
     2014.
       ``(8) Definitions.--In this subsection--
                                 ______
                                 
  SA 317. Mr. KERRY (for himself, Mr. Lugar, and Mr. Udall of Colorado) 
submitted an amendment intended to be proposed by him to the bill S. 
493, to reauthorize and improve the SBIR and

[[Page 6465]]

STTR programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 504. STARTUP VISA ACT OF 2011.

       (a) Short Title.--This section may be cited as the 
     ``StartUp Visa Act of 2011''.
       (b) StartUp Visas.--Section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 203(b)) is amended--
       (1) by redesignating paragraph (6) as paragraph (7); and
       (2) by inserting after paragraph (5) the following:
       ``(6) Sponsored entrepreneurs.--
       ``(A) In general.--StartUp visas shall be made available, 
     from the number of visas allocated under paragraph (5), to 
     qualified immigrant entrepreneurs--
       ``(i)(I) who have proven that a qualified venture 
     capitalist, a qualified super angel investor, or a qualified 
     government entity, as determined by the Secretary of Homeland 
     Security, has invested not less than $100,000 on behalf of 
     each such entrepreneur; and
       ``(II) whose commercial activities will, during the 2-year 
     period beginning on the date on which the visa is issued 
     under this subparagraph--

       ``(aa) create not fewer than 5 new full-time jobs in the 
     United States employing people other than the immigrant's 
     spouse, sons, or daughters;
       ``(bb) raise not less than $500,000 in capital investment 
     in furtherance of a commercial entity based in the United 
     States; or
       ``(cc) generate not less than $500,000 in revenue;

       ``(ii)(I) who--

       ``(aa) hold an unexpired H1-B visa; or
       ``(bb) have completed a graduate level degree in science, 
     technology, engineering, math, computer science, or other 
     relevant academic discipline from an accredited United States 
     college, university, or other institution of higher 
     education;

       ``(II) who demonstrate--

       ``(aa) annual income of not less than 250 percent of the 
     Federal poverty level; or
       ``(bb) the possession of assets equivalent to not less than 
     2 years of income at 250 percent of the Federal poverty 
     level; and

       ``(III) who have proven that a qualified venture 
     capitalist, a qualified super angel investor, or a qualified 
     government entity, as determined by the Secretary of Homeland 
     Security, has invested not less than $20,000 on behalf of 
     each such entrepreneur; or
       ``(iii) who have a controlling interest in a foreign 
     company--

       ``(I) that has generated, during the most recent 12-month 
     period, not less than $100,000 in revenue from sales in the 
     United States; and
       ``(II) whose commercial activities, during the 2-year 
     period beginning on the date on which the visa is issued 
     under this subparagraph, will--

       ``(aa) create not fewer than 3 new full-time jobs in the 
     United States that employ people other than the immigrant's 
     spouse, sons, or daughters;
       ``(bb) raise not less than $100,000 in capital investment 
     in furtherance of a commercial entity based in the United 
     States; or
       ``(cc) generate not less than $100,000 in revenue.
       ``(B) Revocation.--If the Secretary of Homeland Security 
     determines that the commercial activities of an alien who 
     received a StartUp visa pursuant to subparagraph (A)(i)(II) 
     fail to meet the requirements under such subparagraph, the 
     Secretary shall, not later than 1 year after the end of the 
     applicable 2-year period described in such subparagraph--
       ``(i) revoke such visa; and
       ``(ii) notify the alien that he or she--

       ``(I) may voluntarily depart from the United States in 
     accordance to section 240B; or
       ``(II) will be subject to removal proceedings under section 
     240 if the alien does not depart from the United States not 
     later than 6 months after receiving such notification.

       ``(C) Definitions.--In this paragraph:
       ``(i) Qualified super angel investor.--The term `qualified 
     super angel investor' means an individual who--

       ``(I) is an accredited investor (as defined in section 
     230.501(a) of title 17, Code of Federal Regulations);
       ``(II) is a United States citizen; and
       ``(III) has made at least 2 equity investments of not less 
     than $50,000 in each of the previous 3 years.

       ``(ii) Qualified venture capitalist.--The term `qualified 
     venture capitalist' means an entity that--

       ``(I) is classified as a `venture capital operating 
     company' under section 2510.3-101(d) of title 29, Code of 
     Federal Regulations;
       ``(II) is based in the United States;
       ``(III) is comprised of partners, the majority of whom are 
     United States citizens;
       ``(IV) has capital commitments of not less than 
     $10,000,000;
       ``(V) has been operating for at least 2 years; and
       ``(VI) has made at least 2 investments of not less than 
     $500,000 during each of the most recent 2 years.''.

       (c) Conditional Permanent Resident Status.--Section 216A of 
     the Immigration and Nationality Act (8 U.S.C. 1186b) is 
     amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``(as defined in subsection (f)(1))'' and 
     inserting ``, sponsored entrepreneur''; and
       (ii) by striking ``(as defined in subsection (f)(2)) 
     shall'' and inserting ``shall each''; and
       (B) in paragraph (2)(A), by inserting ``sponsored 
     entrepreneur,'' after ``alien entrepreneur,'';
       (3) in subsection (b), by adding at the end the following:
       ``(3) Sponsored entrepreneurs.--The Secretary of Homeland 
     Security shall terminate the permanent resident status of a 
     sponsored entrepreneur and the alien spouse and children of 
     such entrepreneur if the Secretary determines, not later than 
     3 years after the date on which such permanent resident 
     status was conferred, that--
       ``(A) the qualified venture capitalist or qualified super 
     angel investor who sponsored the entrepreneur failed to meet 
     the investment requirements under section 203(b)(6)(A)(i); or
       ``(B) the entrepreneur failed to meet the job creation, 
     capital investment, or revenue generation requirements under 
     section 203(b)(6)(A)(ii).'';
       (4) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``sponsored entrepreneur,'' after ``alien entrepreneur,''; 
     and
       (ii) by striking ``alien entrepreneur must'' each place 
     such term appears and inserting ``entrepreneur shall''; and
       (B) in paragraph (3)--
       (i) in subparagraph (A)(ii), by inserting ``or sponsored 
     entrepreneur'' after ``alien entrepreneur''; and
       (ii) in subparagraph (C), by inserting ``sponsored 
     entrepreneur,'' after ``alien entrepreneur'';
       (5) in subsection (d)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``alien'' and inserting ``alien entrepreneur or sponsored 
     entrepreneur, as applicable'';
       (B) in clause (i), by striking ``invested, or is actively 
     in the process of investing,'' and inserting ``has invested, 
     is actively in the process of investing, or has been 
     sponsored by a qualified super angel investor or qualified 
     venture capitalist who has invested,''; and
       (C) in clause (ii), by inserting ``or 203(b)(6), as 
     applicable'' before the period at the end; and
       (6) in subsection (f), by adding at the end the following:
       ``(4) The term `sponsored entrepreneur' means an alien who 
     obtains the status of an alien lawfully admitted for 
     permanent residence under section 203(b)(6).''.
       (d) Government Accountability Office Study.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit a report to Congress on the 
     StartUp Visa Program, authorized under section 203(b)(6) of 
     the Immigration and Nationality Act, as added by subsection 
     (b).
       (2) Contents.--The report described in paragraph (1) shall 
     include information regarding--
       (A) the number of immigrant entrepreneurs who have received 
     a visa under the immigrant entrepreneurs program established 
     under section 203(b)(6) of the Immigration and Nationality 
     Act, listed by country of origin;
       (B) the localities in which such immigrant entrepreneurs 
     have initially settled;
       (C) whether such immigrant entrepreneurs generally remain 
     in the localities in which they initially settle;
       (D) the types of commercial enterprises that such immigrant 
     entrepreneurs have established; and
       (E) the types and number of jobs created by such immigrant 
     entrepreneurs.

                          ____________________