[Congressional Record (Bound Edition), Volume 162 (2016), Part 6]
[Senate]
[Pages 8673-8680]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4680. Mrs. SHAHEEN (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 4253 submitted by 
Mrs. Shaheen (for herself and Mr. Vitter) and intended to be proposed 
to the bill S. 2943, to authorize appropriations for fiscal year 2017 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

       DIVISION F--SBIR AND STTR REAUTHORIZATION AND IMPROVEMENTS

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``SBIR and STTR 
     Reauthorization and Improvement Act of 2016''.

                 TITLE LXI--REAUTHORIZATION OF PROGRAMS

     SEC. 6101. PERMANENCY OF SBIR PROGRAM AND STTR PROGRAM.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended--
       (1) in the subsection heading, by striking ``Termination'' 
     and inserting ``SBIR Program Authorization''; and
       (2) by striking ``terminate on September 30, 2017'' and 
     inserting ``be in effect for each fiscal year''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``through fiscal 
     year 2017''.

   TITLE LXII--ENHANCED SMALL BUSINESS ACCESS TO FEDERAL INNOVATION 
                              INVESTMENTS

     SEC. 6201. ALLOCATION INCREASES AND TRANSPARENCY IN BASE 
                   CALCULATION.

       (a) SBIR.--Section 9(f) of the Small Business Act (15 
     U.S.C. 638(f)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``expend'' and inserting ``obligate for expenditure'';
       (B) in subparagraph (H), by striking ``and'' at the end;
       (C) in subparagraph (I), by striking ``in fiscal year 2017 
     and each fiscal year thereafter,'' and inserting ``in each of 
     fiscal years 2017 through 2021''; and
       (D) by inserting after subparagraph (I) the following:
       ``(J) for a Federal agency other than the Department of 
     Defense, the National Science Foundation, or the Department 
     of Health and Human Services--
       ``(i) not less than 3.4 percent of the extramural budget 
     for research or research and development of the Federal 
     agency in fiscal year 2022;
       ``(ii) not less than 3.6 percent of such extramural budget 
     in fiscal year 2023;
       ``(iii) not less than 3.8 percent of such extramural budget 
     in fiscal year 2024;
       ``(iv) not less than 4 percent of such extramural budget in 
     fiscal year 2025;
       ``(v) not less than 4.2 percent of such extramural budget 
     in fiscal year 2026;
       ``(vi) not less than 4.4 percent of such extramural budget 
     in fiscal year 2027; and
       ``(vii) not less than 4.5 percent of such extramural budget 
     in fiscal year 2028 and each fiscal year thereafter;
       ``(K) for the Department of Defense--
       ``(i) not less than 2.6 percent of the budget for research, 
     development, test, and evaluation of the Department of 
     Defense in fiscal year 2022;
       ``(ii) not less than 2.7 percent of such budget in fiscal 
     year 2023;
       ``(iii) not less than 2.8 percent of such budget in fiscal 
     year 2024;

[[Page 8674]]

       ``(iv) not less than 2.9 percent of such budget in fiscal 
     year 2025;
       ``(v) not less than 3 percent of such budget in fiscal year 
     2026;
       ``(vi) not less than 3.1 percent of such budget in fiscal 
     year 2027;
       ``(vii) not less than 3.2 percent of such budget in fiscal 
     year 2028;
       ``(viii) not less than 3.3 percent of such budget in fiscal 
     year 2029;
       ``(ix) not less than 3.4 percent of such budget in fiscal 
     year 2030; and
       ``(x) not less than 3.5 percent of such budget in fiscal 
     year 2031 and each fiscal year thereafter; and
       ``(L) for the National Science Foundation and the 
     Department of Health and Human Services, for fiscal year 2022 
     and each fiscal year thereafter, the lesser of--
       ``(i) the percentage of the extramural budget for research 
     or research and development of the National Science 
     Foundation or the Department of Health and Human Services, 
     respectively, equal to the sum of--

       ``(I) the percentage in effect under this paragraph for the 
     National Science Foundation or the Department of Health and 
     Human Services, respectively, for the previous fiscal year; 
     and
       ``(II)(aa) 0.07 percent; or
       ``(bb) if the extramural budget for research or research 
     and development of the National Science Foundation or the 
     Department of Health and Human Services, respectively, for 
     the fiscal year is not less than 103 percent of such 
     extramural budget for the previous fiscal year, 0.2 percent; 
     or

       ``(ii) 4.5 percent of the extramural budget for research or 
     research and development of the National Science Foundation 
     or the Department of Health and Human Services, 
     respectively,'';
       (2) in paragraph (2)(B), by inserting ``(or for the 
     Department of Defense, an amount of the budget for basic 
     research of the Department of Defense)'' after ``research''; 
     and
       (3) in paragraph (4), by inserting ``(or for the Department 
     of Defense an amount of the budget for research, development, 
     test, and evaluation of the Department of Defense)'' after 
     ``of the agency''.
       (b) STTR.--Section 9(n)(1) of the Small Business Act (15 
     U.S.C. 638(n)(1)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``expend'' and inserting ``obligate for 
     expenditure''; and
       (B) by striking ``not less than the percentage of that 
     extramural budget specified in subparagraph (B)'' and 
     inserting ``for a Federal agency other than the Department of 
     Defense, the National Science Foundation, or the Department 
     of Health and Human Services, not less than the percentage of 
     that extramural budget specified in subparagraph (B), for the 
     Department of Defense, not less than the percentage of the 
     budget for research, development, test, and evaluation of the 
     Department of Defense specified in subparagraph (B), and for 
     the National Science Foundation and the Department of Health 
     and Human Services, not less than the percentage of that 
     extramural budget specified in subparagraph (C)'';
       (2) in subparagraph (B)--
       (A) in the subparagraph heading, by inserting ``other than 
     for nsf and hhs'' after ``amounts'';
       (B) in the matter preceding clause (i), by striking ``the 
     extramural budget required to be expended by an agency'' and 
     inserting ``the extramural budget, for a Federal agency other 
     than the Department of Defense, the National Science 
     Foundation, or the Department of Health and Human Services, 
     and of the budget for research, development, test, and 
     evaluation, for the Department of Defense, required to be 
     obligated for expenditure with small business concerns'';
       (C) in clause (iv), by striking ``and'' at the end;
       (D) in clause (v), by striking ``fiscal year 2016 and each 
     fiscal year thereafter.'' and inserting ``each of fiscal 
     years 2016 through 2021;''; and
       (E) by adding at the end the following:
       ``(vi) 0.5 percent for fiscal year 2022;
       ``(vii) 0.55 percent for fiscal year 2023;
       ``(viii) 0.6 percent for fiscal year 2024;
       ``(ix) 0.65 percent for fiscal year 2025;
       ``(x) 0.7 percent for fiscal year 2026;
       ``(xi) 0.75 percent for fiscal year 2027;
       ``(xii) 0.8 percent for fiscal year 2028;
       ``(xiii) 0.85 percent for fiscal year 2029;
       ``(xiv) 0.9 percent for fiscal year 2030; and
       ``(xv) 0.95 percent for fiscal year 2031 and each fiscal 
     year thereafter.''; and
       (3) by adding at the end the following:
       ``(C) Expenditure amounts for nsf and hhs.--The percentage 
     of the extramural budget required to be expended by the 
     National Science Foundation and the Department of Health and 
     Human Services in accordance with subparagraph (A) shall be--
       ``(i) for each of fiscal years 2016 through 2021, 0.45 
     percent; and
       ``(ii) for fiscal year 2022 and each fiscal year 
     thereafter, the lesser of--

       ``(I) the percentage of the extramural budget for research 
     or research and development of the National Science 
     Foundation or the Department of Health and Human Services, 
     respectively, equal to the sum of--

       ``(aa) the percentage in effect under this paragraph for 
     the National Science Foundation or the Department of Health 
     and Human Services, respectively, for the previous fiscal 
     year; and
       ``(bb)(AA) 0 percent; or
       ``(BB) if the extramural budget for research or research 
     and development of the National Science Foundation or the 
     Department of Health and Human Services, respectively, for 
     the fiscal year is not less than 103 percent of such 
     extramural budget for the previous fiscal year, 0.05 percent; 
     or

       ``(II) 0.95 percent of the extramural budget for research 
     or research and development of the National Science 
     Foundation or the Department of Health and Human Services, 
     respectively.''.

       (c) Department of Defense Funding Increase Pilot.--For each 
     of fiscal years 2018, 2019, and 2020, the Secretary of 
     Defense may authorize any program of the Department of 
     Defense to expend funds through the Small Business Innovation 
     Research program or the Small Business Technology Transfer 
     program. Any additional funds expended under the authority 
     under this subsection shall not count towards meeting the 
     required expenditure requirements under subsection (f) or (n) 
     of section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this section.

     SEC. 6202. REGULAR OVERSIGHT OF AWARD AMOUNTS.

       (a) Elimination of Automatic Inflation Adjustments.--
     Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is 
     amended--
       (1) in paragraph (2)(D), by inserting ``through fiscal year 
     2016'' after ``every year''; and
       (2) by adding at the end the following:
       ``(4) 2016 modifications for dollar value of awards.--Not 
     later than 120 days after the date of enactment of the SBIR 
     and STTR Reauthorization and Improvement Act of 2016, the 
     Administrator shall modify the policy directives issued under 
     this subsection to clarify that Congress intends to review 
     the dollar value of awards every 3 fiscal years.''.
       (b) Sense of Congress Regarding Regular Review of the Award 
     Sizes.--
       (1) In general.--It is the sense of Congress that for 
     fiscal year 2019, and every third fiscal year thereafter, 
     Congress should evaluate whether the maximum award sizes 
     under the Small Business Innovation Research Program and the 
     Small Business Technology Transfer Program under section 9 of 
     the Small Business Act (15 U.S.C. 638) should be adjusted 
     and, if so, take appropriate action to direct that such 
     adjustments be made under the policy directives issued under 
     subsection (j) of such section.
       (2) Policy considerations.--In reviewing adjustments to the 
     maximum award sizes, Congress should take into consideration 
     the balance of number of awards to size of awards, the 
     missions of Federal agencies, and the technology needed to 
     support national goals.
       (c) Clarification of Sequential Phase II Awards.--Section 
     9(ff) of the Small Business Act (15 U.S.C. 638(ff)) is 
     amended by adding at the end the following:
       ``(3) Clarification of sequential phase ii awards.--The 
     head of a Federal agency shall ensure that any sequential 
     Phase II award is made in accordance with the limitations on 
     award sizes under subsection (aa).
       ``(4) Cross-agency sequential phase ii awards.--A small 
     business concern that receives a sequential Phase II SBIR or 
     Phase II STTR award for a project from a Federal agency is 
     eligible to receive an additional sequential Phase II award 
     that continues work on that project from another Federal 
     agency.''.

              TITLE LXIII--COMMERCIALIZATION IMPROVEMENTS

     SEC. 6301. PERMANENCY OF THE COMMERCIALIZATION PILOT PROGRAM 
                   FOR CIVILIAN AGENCIES.

       Section 9(gg) of the Small Business Act (15 U.S.C. 638(gg)) 
     is amended--
       (1) in the subsection heading, by striking ``Pilot 
     Program'' and inserting ``Commercialization Development 
     Awards'';
       (2) by striking paragraphs (2), (7), and (8);
       (3) by redesignating paragraphs (3), (4), (5), and (6) as 
     paragraphs (2), (3), (4), and (5), respectively;
       (4) by adding at the end the following:
       ``(6) Definitions.--In this subsection--
       ``(A) the term `commercialization development program' 
     means a program established by a covered Federal agency under 
     paragraph (1); and
       ``(B) the term `covered Federal agency'--
       ``(i) means a Federal agency participating in the SBIR 
     program or the STTR program; and
       ``(ii) does not include the Department of Defense.''; and
       (5) by striking ``pilot program'' each place it appears and 
     inserting ``commercialization development program''.

     SEC. 6302. ENFORCEMENT OF NATIONAL SMALL BUSINESS GOAL FOR 
                   FEDERAL RESEARCH AND DEVELOPMENT.

       Section 9(h) of the Small Business Act (15 U.S.C. 638(h)) 
     is amended to read as follows:
       ``(h) National Small Business Goal for Federal Research and 
     Development.--
       ``(1) In general.--The Administrator, in consultation with 
     Federal agencies, shall establish a Governmentwide goal for 
     each fiscal year, which shall be not less than 10 percent, 
     for the percentage of the amounts made available for research 
     or research and development that shall be obligated for 
     funding agreements--

[[Page 8675]]

       ``(A) with small business concerns; or
       ``(B) that will facilitate the development of research and 
     development small business concerns.
       ``(2) Agency goals.--
       ``(A) In general.--The head of each Federal agency which 
     has a budget for research or research and development in 
     excess of $20,000,000, in consultation with the 
     Administrator, shall establish a goal for the Federal agency 
     for each fiscal year that is appropriate to the mission of 
     the Federal agency for the percentage of such budget that 
     shall be obligated for funding agreements--
       ``(i) with small business concerns; or
       ``(ii) that will facilitate the development of research and 
     development small business concerns.
       ``(B) Limitation.--The head of a Federal agency may not 
     establish a percentage goal under subparagraph (A) for a 
     fiscal year that is less than the percentage goal that was 
     established under subparagraph (A) for the Federal agency for 
     the previous fiscal year.''.

     SEC. 6303. PROTECTING INNOVATIVE TECHNOLOGIES.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding at the end the following:
       ``(tt) Protecting Innovative Technologies.--
       ``(1) Cost-reimbursement contracts.--
       ``(A) In general.--Subject to subparagraph (B)(ii), the 
     cost of seeking protection for intellectual property, 
     including a trademark, copyright, or patent, that was created 
     through work performed under an STTR award that uses a cost-
     reimbursement contract or an SBIR award that uses a cost-
     reimbursement contract is allowable as an indirect cost under 
     that award.
       ``(B) Clarification of patent costs.--
       ``(i) In general.--A Federal agency shall not directly or 
     indirectly inhibit, through the policies, directives, or 
     practices of the Federal agency, an otherwise eligible small 
     business concern performing under an award described in 
     subparagraph (A) from recovering patent costs incurred as 
     requirements under that award, including--

       ``(I) the costs of preparing--

       ``(aa) invention disclosures;
       ``(bb) reports; and
       ``(cc) other documents;

       ``(II) the costs for searching the art to the extent 
     necessary to make the invention disclosures;
       ``(III) other costs in connection with the filing and 
     prosecution of a United States patent application where title 
     or royalty-free license is to be conveyed to the Federal 
     Government; and
       ``(IV) general counseling services relating to patent 
     matters, including advice on patent laws, regulations, 
     clauses, and employee agreements.

       ``(ii) Recovery limitations.--The patent costs described in 
     clause (i) shall be allowable for technology developed under 
     a--

       ``(I) Phase I award, as indirect costs in an amount not 
     greater than $5,000;
       ``(II) Phase II award, as indirect costs in an amount not 
     greater than $15,000; and
       ``(III) Phase III award in which the Federal Government has 
     government purpose rights (as defined in section 227.7103-5 
     of title 48, Code of Federal Regulations).

       ``(2) Firm fixed-price contracts.--An otherwise eligible 
     small business concern performing under an STTR award that 
     uses a firm fixed-price contract or an SBIR award that uses a 
     firm fixed-price contract may recover fair and reasonable 
     costs arising from seeking protection for intellectual 
     property, including a trademark, copyright, or patent, that 
     was created through work performed under that award.''.

     SEC. 6304. ANNUAL GAO AUDIT OF COMPLIANCE WITH 
                   COMMERCIALIZATION GOALS.

       Section 9(nn) of the Small Business Act (15 U.S.C. 638(nn)) 
     is amended to read as follows:
       ``(nn) Annual GAO Report on Government Compliance With 
     Goals, Incentives, and Phase III Preference.--Not later than 
     1 year after the date of enactment of the SBIR and STTR 
     Reauthorization and Improvement Act of 2016, and every year 
     thereafter until the date that is 5 years after the date of 
     enactment of the SBIR and STTR Reauthorization and 
     Improvement Act of 2016, the Comptroller General of the 
     United States shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report that--
       ``(1) discusses the status of the compliance of Federal 
     agencies with the requirements or authorities established 
     under--
       ``(A) subsection (h), relating to the establishment by 
     certain Federal agencies of a goal for funding agreements for 
     research and research and development with small business 
     concerns;
       ``(B) subsection (y)(5)(A), relating to the requirement for 
     the Department of Defense to establish goals for the 
     transition of Phase III technologies in subcontracting plans;
       ``(C) subsection (y)(5)(B), relating to the requirement for 
     the Department of Defense to establish procedures for a prime 
     contractor to report the number and dollar amount of 
     contracts with small business concerns for Phase III SBIR 
     projects or STTR projects of the prime contractor; and
       ``(D) subsection (y)(6), relating to the requirement for 
     the Department of Defense to set a goal to increase the 
     number of Phase II SBIR and STTR contracts that transition 
     into programs of record or fielded systems;
       ``(2) includes, for a Federal agency that is in compliance 
     with a requirement described under paragraph (1), a 
     description of how the Federal agency achieved compliance; 
     and
       ``(3) includes a list, organized by Federal agency, of 
     small business concerns that have asserted to an appropriate 
     Federal agency that--
       ``(A) the Government or prime contractor--
       ``(i) did not protect the intellectual property of the 
     small business concern in accordance with data rights under 
     the SBIR or STTR award; or
       ``(ii) issued a Phase III SBIR or STTR award conditional on 
     relinquishing data rights;
       ``(B) the Federal agency solicited bids for a contract, or 
     provided funding to an entity other than the small business 
     concern receiving the SBIR or STTR award, that was for work 
     that derived from, extended, or completed efforts made under 
     prior funding agreements under the SBIR program or STTR 
     program;
       ``(C) the Government or prime contractor did not comply 
     with the SBIR and STTR policy directives and the small 
     business concern filed a comment or complaint to the Office 
     of the National Ombudsman or appealed to the Administrator 
     for intervention; or
       ``(D) the Federal agency did not comply with subsection 
     (g)(12) or (o)(16) requiring timely notice to the 
     Administrator of any case or controversy before any Federal 
     judicial or administrative tribunal concerning the SBIR 
     program or the STTR program of the Federal agency.''.

     SEC. 6305. CLARIFYING THE PHASE III PREFERENCE.

       Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) 
     is amended--
       (1) by striking paragraph (4);
       (2) by redesignating paragraph (2) as paragraph (4), and 
     transferring such paragraph to after paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Phase iii award direction for agencies and prime 
     contractors.--To the greatest extent practicable, Federal 
     agencies and Federal prime contractors shall issue Phase III 
     awards relating to technology, including sole source awards, 
     to the SBIR and STTR award recipients that developed the 
     technology.''.

     SEC. 6306. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE.

       Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) 
     is amended--
       (1) in the subsection heading, by inserting ``and 
     Business'' after ``Technical'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``a vendor selected under paragraph (2)'' 
     and inserting ``1 or more vendors selected under paragraph 
     (2)(A)'';
       (ii) by inserting ``and business'' before ``assistance 
     services''; and
       (iii) by inserting ``assistance with product sales, 
     intellectual property protections, market research, market 
     validation, and development of regulatory plans and 
     manufacturing plans,'' after ``technologies,''; and
       (B) in subparagraph (D), by inserting ``, including 
     intellectual property protections'' before the period at the 
     end;
       (3) in paragraph (2)--
       (A) by striking ``Each agency may select a vendor to assist 
     small business concerns to meet'' and inserting the 
     following:
       ``(A) In general.--Each agency may select 1 or more vendors 
     from which small business concerns may obtain assistance in 
     meeting''; and
       (B) by adding at the end the following:
       ``(B) Selection by small business concern.--A small 
     business concern may, by contract or otherwise, select 1 or 
     more vendors to assist the small business concern in meeting 
     the goals listed in paragraph (1).''; and
       (4) in paragraph (3)--
       (A) by inserting ``(A)'' after ``paragraph (2)'' each place 
     it appears;
       (B) in subparagraph (A), by striking ``$5,000 per year'' 
     each place it appears and inserting ``$6,500 per project'';
       (C) in subparagraph (B)--
       (i) by striking ``$5,000 per year'' each place it appears 
     and inserting ``$35,000 per project''; and
       (ii) in clause (ii), by striking ``which shall be in 
     addition to the amount of the recipient's award'' and 
     inserting ``which may, as determined appropriate by the head 
     of the Federal agency, be included as part of the recipient's 
     award or be in addition to the amount of the recipient's 
     award'';
       (D) in subparagraph (C)--
       (i) by inserting ``or business'' after ``technical'';
       (ii) by striking ``the vendor'' and inserting ``a vendor''; 
     and
       (iii) by adding at the end the following: ``Business-
     related services aimed at improving the commercialization 
     success of a small business concern may be obtained from an 
     entity, such as a public or private organization or an agency 
     of or other entity established or funded by a State that 
     facilitates

[[Page 8676]]

     or accelerates the commercialization of technologies or 
     assists in the creation and growth of private enterprises 
     that are commercializing technology.'';
       (E) in subparagraph (D)--
       (i) by inserting ``or business'' after ``technical'' each 
     place it appears; and
       (ii) in clause (i)--

       (I) by striking ``the vendor'' and inserting ``1 or more 
     vendors''; and
       (II) by striking ``provides'' and inserting ``provide''; 
     and

       (F) by adding at the end the following:
       ``(E) Multiple award recipients.--The Administrator shall 
     establish a limit on the amount of technical and business 
     assistance services that may be received or purchased under 
     subparagraph (B) by small business concerns with respect to 
     multiple Phase II SBIR or STTR awards for a fiscal year.''.

     SEC. 6307. EXTENSION OF PHASE 0 PROOF OF CONCEPT PARTNERSHIP 
                   PILOT.

       Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) 
     is amended--
       (1) in paragraph (6) by striking ``The Director'' and 
     inserting ``Not later than February 1, 2019, the Director''; 
     and
       (2) in paragraph (7), by striking ``2017'' and inserting 
     ``2019''.

     SEC. 6308. SATISFACTION OF COMPETITION REQUIREMENTS FOR 
                   DEPARTMENT OF DEFENSE.

       All awards by the Department of Defense under the SBIR 
     program or the STTR program shall be considered to meet the 
     competition requirements under section 2304 of title 10, 
     United States Code.

            TITLE LXIV--PROGRAM DIVERSIFICATION INITIATIVES

     SEC. 6401. REGIONAL SBIR STATE COLLABORATIVE INITIATIVE PILOT 
                   PROGRAM.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (mm)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``2017'' and inserting ``2021'';
       (ii) in subparagraph (I), by striking ``and'' at the end;
       (iii) in subparagraph (J), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(K) funding for improvements that increase commonality 
     across data systems, reduce redundancy, and improve data 
     oversight and accuracy.''; and
       (B) by adding at the end the following:
       ``(7) SBIR and STTR programs; fast program.--
       ``(A) Definition.--In this paragraph, the term `covered 
     Federal agency' means a Federal agency that--
       ``(i) is required to conduct an SBIR program; and
       ``(ii) elects to use the funds allocated to the SBIR 
     program of the Federal agency for the purposes described in 
     paragraph (1).
       ``(B) Requirement.--Each covered Federal agency shall 
     transfer an amount equal to 15 percent of the funds that are 
     used for the purposes described in paragraph (1) to the 
     Administration--
       ``(i) for the Regional SBIR State Collaborative Initiative 
     Pilot Program established under subsection (uu);
       ``(ii) for the Federal and State Technology Partnership 
     Program established under section 34; and
       ``(iii) to support the Office of the Administration that 
     administers the SBIR program and the STTR program, subject to 
     agreement from other agencies about how the funds will be 
     used, in carrying out those programs and the programs 
     described in clauses (i) and (ii).
       ``(8) Pilot program.--
       ``(A) In general.--Of amounts provided to the 
     Administration under paragraph (7), not less than $5,000,000 
     shall be used to provide awards under the Regional SBIR State 
     Collaborative Initiative Pilot Program established under 
     subsection (uu) for each fiscal year in which the program is 
     in effect.
       ``(B) Disbursement flexibility.--The Administration may use 
     any unused funds made available under subparagraph (A) as of 
     April 1 of each fiscal year for awards to carry out clauses 
     (ii) and (iii) of paragraph (7)(B) after providing written 
     notice to--
       ``(i) the Committee on Small Business and Entrepreneurship 
     and the Committee on Appropriations of the Senate; and
       ``(ii) the Committee on Small Business and the Committee on 
     Appropriations of the House of Representatives.''; and
       (2) by adding after subsection (tt), as added by section 
     6303 of this Act, the following:
       ``(uu) Regional SBIR State Collaborative Initiative Pilot 
     Program.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `eligible entity' means--
       ``(i) a research institution; and
       ``(ii) a small business concern;
       ``(B) the term `eligible State' means--
       ``(i) a State that the Administrator determines is in the 
     bottom half of States, based on the average number of annual 
     SBIR program awards made to companies in the State for the 
     preceding 3 years for which the Administration has applicable 
     data; and
       ``(ii) an EPSCoR State that--

       ``(I) is a State described in clause (i); or
       ``(II) is--

       ``(aa) not a State described in clause (i); and
       ``(bb) invited to participate in a regional collaborative;
       ``(C) the term `EPSCoR State' means a State that 
     participates in the Experimental Program to Stimulate 
     Competitive Research of the National Science Foundation, as 
     established under section 113 of the National Science 
     Foundation Authorization Act of 1988 (42 U.S.C. 1862g);
       ``(D) the term `FAST program' means the Federal and State 
     Technology Partnership Program established under section 34;
       ``(E) the term `pilot program' means the Regional SBIR 
     State Collaborative Initiative Pilot Program established 
     under paragraph (2);
       ``(F) the term `regional collaborative' means a 
     collaborative consisting of eligible entities that are 
     located in not less than 3 eligible States; and
       ``(G) the term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and any territory or possession of the United States.
       ``(2) Establishment.--The Administrator shall establish a 
     pilot program, to be known as the Regional SBIR State 
     Collaborative Initiative Pilot Program, under which the 
     Administrator shall provide awards to regional collaboratives 
     to address the needs of small business concerns in order to 
     be more competitive in the proposal and selection process for 
     awards under the SBIR program and the STTR program and to 
     increase technology transfer and commercialization.
       ``(3) Goals.--The goals of the pilot program are--
       ``(A) to create regional collaboratives that allow eligible 
     entities to work cooperatively to leverage resources to 
     address the needs of small business concerns;
       ``(B) to grow SBIR program and STTR program cooperative 
     research and development and commercialization through 
     increased awards under those programs;
       ``(C) to increase the participation of States that have 
     historically received a lower level of awards under the SBIR 
     program and the STTR program;
       ``(D) to utilize the strengths and advantages of regional 
     collaboratives to better leverage resources, best practices, 
     and economies of scale in a region for the purpose of 
     increasing awards and increasing the commercialization of the 
     SBIR program and STTR projects;
       ``(E) to increase the competitiveness of the SBIR program 
     and the STTR program;
       ``(F) to identify sources of outside funding for applicants 
     for an award under the SBIR program or the STTR program, 
     including venture capitalists, angel investor groups, private 
     industry, crowd funding, and special loan programs; and
       ``(G) to offer increased one-on-one engagements with 
     companies and entrepreneurs for SBIR program and STTR program 
     education, assistance, and successful outcomes.
       ``(4) Application.--
       ``(A) In general.--A regional collaborative that desires to 
     participate in the pilot program shall submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require.
       ``(B) Inclusion of lead eligible entities and 
     coordinator.--A regional collaborative shall include in an 
     application submitted under subparagraph (A)--
       ``(i) the name of each lead eligible entity from each 
     eligible State in the regional collaborative, as designated 
     under paragraph (5)(A); and
       ``(ii) the name of the coordinator for the regional 
     collaborative, as designated under paragraph (6).
       ``(C) Avoidance of duplication.--A regional collaborative 
     shall include in an application submitted under subparagraph 
     (A) an explanation as to how the activities of the regional 
     collaborative under the pilot program would differ from other 
     State and Federal outreach activities in each eligible State 
     in the regional collaborative.
       ``(5) Lead eligible entity.--
       ``(A) In general.--Each eligible State in a regional 
     collaborative shall designate 1 eligible entity located in 
     the eligible State to serve as the lead eligible entity for 
     the eligible State.
       ``(B) Authorization by governor.--Each lead eligible entity 
     designated under subparagraph (A) shall be authorized to act 
     as the lead eligible entity by the Governor of the applicable 
     eligible State.
       ``(C) Responsibilities.--Each lead eligible entity 
     designated under subparagraph (A) shall be responsible for 
     administering the activities and program initiatives 
     described in paragraph (7) in the applicable eligible State.
       ``(6) Regional collaborative coordinator.--Each regional 
     collaborative shall designate a coordinator from amongst the 
     eligible entities located in the eligible States in the 
     regional collaborative, who shall serve as the interface 
     between the regional collaborative and the Administration 
     with respect to measuring cross-State collaboration and 
     program effectiveness and documenting best practices.
       ``(7) Use of funds.--Each regional collaborative that is 
     provided an award under the pilot program may, in each 
     eligible State in which an eligible entity of the regional 
     collaborative is located--
       ``(A) establish an initiative under which first-time 
     applicants for an award under the

[[Page 8677]]

     SBIR program or the STTR program are reviewed by experienced, 
     national experts in the United States, as determined by the 
     lead eligible entity designated under paragraph (5)(A);
       ``(B) engage national mentors on a frequent basis to work 
     directly with applicants for an award under the SBIR program 
     or the STTR program, particularly during Phase II, to assist 
     with the process of preparing and submitting a proposal;
       ``(C) create and make available an online mechanism to 
     serve as a resource for applicants for an award under the 
     SBIR program or the STTR program to identify and connect with 
     Federal labs, prime government contractor companies, other 
     industry partners, and regional industry cluster 
     organizations;
       ``(D) conduct focused and concentrated outreach efforts to 
     increase participation in the SBIR program and the STTR 
     program by small business concerns owned and controlled by 
     women, small business concerns owned and controlled by 
     veterans, small business concerns owned and controlled by 
     socially and economically disadvantaged individuals (as 
     defined in section 8(d)(3)(C)), and historically black 
     colleges and universities;
       ``(E) administer a structured program of training and 
     technical assistance--
       ``(i) to prepare applicants for an award under the SBIR 
     program or the STTR program--

       ``(I) to compete more effectively for Phase I and Phase II 
     awards; and
       ``(II) to develop and implement a successful 
     commercialization plan;

       ``(ii) to assist eligible States focusing on transition and 
     commercialization to win Phase III awards from public and 
     private partners;
       ``(iii) to create more competitive proposals to increase 
     awards from all Federal sources, with a focus on awards under 
     the SBIR program and the STTR program; and
       ``(iv) to assist first-time applicants by providing small 
     grants for proof of concept research; and
       ``(F) assist applicants for an award under the SBIR program 
     or the STTR program to identify sources of outside funding, 
     including venture capitalists, angel investor groups, private 
     industry, crowd funding, and special loan programs.
       ``(8) Award amount.--
       ``(A) In general.--The Administrator shall provide an award 
     to each eligible State in which an eligible entity of a 
     regional collaborative is located in an amount that is not 
     more than $300,000 to carry out the activities described in 
     paragraph (7).
       ``(B) Limitation.--
       ``(i) In general.--An eligible State may not receive an 
     award under both the FAST program and the pilot program for 
     the same year.
       ``(ii) Rule of construction.--Nothing in clause (i) shall 
     be construed to prevent an eligible State from applying for 
     an award under the FAST program and the pilot program for the 
     same year.
       ``(9) Duration of award.--An award provided under the pilot 
     program shall be for a period of not more than 1 year, and 
     may be renewed by the Administrator for 1 additional year.
       ``(10) Termination.--The pilot program shall terminate on 
     September 30, 2021.
       ``(11) Report.--Not later than February 1, 2021, the 
     Administrator shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report on the 
     pilot program, which shall include--
       ``(A) an assessment of the pilot program and the 
     effectiveness of the pilot program in meeting the goals 
     described in paragraph (3);
       ``(B) an assessment of the best practices, including an 
     analysis of how the pilot program compares to the FAST 
     program and a single-State approach; and
       ``(C) recommendations as to whether any aspect of the pilot 
     program should be extended or made permanent.''.

     SEC. 6402. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       Section 34 of the Small Business Act (15 U.S.C. 657d) is 
     amended--
       (1) in subsection (h)--
       (A) in paragraph (1), by striking ``2001 through 2005'' and 
     inserting ``2017 through 2021''; and
       (B) in paragraph (2), by striking ``fiscal years 2001 
     through 2005'' and inserting ``each of fiscal years 2017 
     through 2021''; and
       (2) in subsection (i), by striking ``September 30, 2005'' 
     and inserting ``September 30, 2021''.

          TITLE LXV--OVERSIGHT AND SIMPLIFICATION INITIATIVES

     SEC. 6501. DATA REALIGNMENT AND MODERNIZATION.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding after subsection (uu), as added by section 
     6401 of this Act, the following:
       ``(vv) SBIR and STTR Interagency Policy Committee.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `Committee' means the SBIR and STTR 
     Interagency Policy Committee established under paragraph (2);
       ``(B) the term `participating Federal agency' means a 
     Federal agency with an SBIR program or an STTR program; and
       ``(C) the term `phase' means Phase I, Phase II, and Phase 
     III.
       ``(2) Establishment.--There is established an interagency 
     committee to be known as the `SBIR and STTR Interagency 
     Policy Committee'.
       ``(3) Membership.--The Committee shall include--
       ``(A) 4 representatives from each participating Federal 
     agency, of which--
       ``(i) 1 shall have expertise with respect to the SBIR 
     program and STTR program of the Federal agency;
       ``(ii) 1 shall have expertise with respect to the broader 
     research and development missions and programs of the Federal 
     agency;
       ``(iii) 1 shall have expertise with respect to marketplace 
     commercialization or to the transition of technologies to 
     support the missions of the Federal agency; and
       ``(iv) 1 shall have expertise with respect to the 
     information technology systems of the Federal agency; and
       ``(B) 2 representatives from the Administration, of which--
       ``(i) 1 shall serve as chairperson of the Committee; and
       ``(ii) 1 shall be from the Information Technology 
     Development Team of the Office of Investment and Innovation 
     of the Administration.
       ``(4) Working groups.--
       ``(A) In general.--The Committee shall establish working 
     groups as necessary to ensure consistency and clarity between 
     the participating Federal agencies.
       ``(B) Data realignment and modernization working group.--
       ``(i) In general.--The Committee shall establish a data 
     alignment and modernization working group, which shall review 
     the recommendations made in the report to Congress by the 
     Office of Science and Technology of the Administration 
     entitled `SBIR/STTR TechNet Public & Government Databases', 
     dated September 15, 2014, and the practices of participating 
     Federal agencies to--

       ``(I) determine how to collect data on achievements by 
     small business concerns in each phase of the SBIR program and 
     the STTR program and ensure collection and dissemination of 
     such data in a timely, efficient, and uniform manner;
       ``(II) establish a uniform baseline for metrics that 
     support improving the solicitation, contracting, funding, and 
     execution of program management in the SBIR program and the 
     STTR program;
       ``(III) normalize formatting and database usage across 
     participating Federal agencies; and
       ``(IV) determine the feasibility of developing a common 
     system across all participating Federal agencies and the 
     paperwork requirements under such a common system.

       ``(ii) Membership.--Each member of the Committee shall 
     serve as a member of the data alignment and modernization 
     working group.
       ``(5) Implementation.--Not later than September 31, 2018, 
     the Committee shall brief the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives on the solutions 
     identified by the working group under paragraph (4) and 
     resources needed to execute the solutions.''.

     SEC. 6502. IMPLEMENTATION OF OUTSTANDING REAUTHORIZATION 
                   PROVISIONS.

       (a) In General.--Section 9(mm) of the Small Business Act 
     (15 U.S.C. 638(mm)), as amended by section 6401(1) of this 
     Act, is amended--
       (1) in paragraph (1), by striking ``paragraph (3)'' and 
     inserting ``paragraphs (3) and (9)''; and
       (2) by adding at the end the following:
       ``(9) Suspension of funding.--
       ``(A) For federal agencies.--
       ``(i) In general.--For fiscal years 2018 and 2019, any 
     Federal agency that has not implemented each provision of law 
     described in clause (ii)--

       ``(I) shall continue to provide amounts to the 
     Administration in accordance with paragraph (7)(B); and
       ``(II) may not use additional amounts as described in 
     paragraph (1) until 30 days after the date on which the 
     Federal agency submits to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives documentation 
     demonstrating that the Federal agency has implemented and is 
     in compliance with each provision of law described in clause 
     (ii).

       ``(ii) Provisions.--The provisions of law described in this 
     clause are the following:

       ``(I) Subsection (r)(4), relating to Phase III preferences.
       ``(II) Paragraphs (5) and (6) of subsection (y), relating 
     to insertion goals.
       ``(III) Subsection (g)(4)(B), relating to shortening the 
     decision time for SBIR awards.
       ``(IV) Subsection (o)(4)(B), relating to shortening the 
     decision time for STTR awards.
       ``(V) Subsection (v), relating to reducing paperwork and 
     compliance burdens.

       ``(B) For administration.--For fiscal years 2018 and 2019, 
     if the Administration is not in

[[Page 8678]]

     compliance with subsection (b)(7), relating to annual reports 
     to Congress, the Administration may not use amounts received 
     under paragraph (7)(B) of this subsection for a purpose 
     described in clause (iii) of such paragraph (7)(B).''.
       (b) Clarification of Reporting Requirement.--Section 
     9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is 
     amended in the matter preceding subparagraph (A), by striking 
     ``not less than annually'' and inserting ``not later than 
     December 31 of each year''.

     SEC. 6503. STRENGTHENING OF THE REQUIREMENT TO SHORTEN THE 
                   APPLICATION REVIEW AND DECISION TIME.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (g)(4), by striking subparagraph (B) and 
     inserting the following:
       ``(B) make a final decision on each proposal submitted 
     under the SBIR program--
       ``(i) for the Department of Health and Human Services, not 
     later than 1 year after the date on which the applicable 
     solicitation closes, with a goal to reduce the review and 
     decision time to less than 10 months by September 30, 2019;
       ``(ii) for the Department of Agriculture and the National 
     Science Foundation, not later than 6 months after the date on 
     which the applicable solicitation closes; or
       ``(iii) for any other Federal agency--
       ``(I) not later than 90 days after the date on which the 
     applicable solicitation closes; or
       ``(II) if the Administrator authorizes an extension with 
     respect to a solicitation, not later than 90 days after the 
     date that would otherwise be applicable to the Federal agency 
     under subclause (I);''; and
       (2) in subsection (o)(4), by striking subparagraph (B) and 
     inserting the following:
       ``(B) make a final decision on each proposal submitted 
     under the STTR program--
       ``(i) for the Department of Health and Human Services, not 
     later than 1 year after the date on which the applicable 
     solicitation closes, with a goal to reduce the review and 
     decision time to less than 10 months by September 30, 2019;
       ``(ii) for the Department of Agriculture and the National 
     Science Foundation, not later than 6 months after the date on 
     which the applicable solicitation closes; or
       ``(iii) for any other Federal agency--
       ``(I) not later than 90 days after the date on which the 
     applicable solicitation closes; or
       ``(II) if the Administrator authorizes an extension with 
     respect to a solicitation, not later than 90 days after the 
     date that would otherwise be applicable to the Federal agency 
     under subclause (I);''.

     SEC. 6504. CONTINUED GAO OVERSIGHT OF ALLOCATION COMPLIANCE 
                   AND ACCURACY IN FUNDING BASE CALCULATIONS.

       Section 5136(a) of the National Defense Authorization Act 
     for Fiscal Year 2012 (15 U.S.C. 638 note) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``until the date that is 5 years after the date of enactment 
     of this Act'' and insert ``until the date on which the 
     Comptroller General of the United States submits the report 
     relating to fiscal year 2019'';
       (2) in paragraph (1), by striking subparagraph (C) and 
     inserting the following:
       ``(C) assess whether the change in the base funding for the 
     Department of Defense as required by subparagraphs (J) and 
     (K) of section 9(f)(1) of the Small Business Act (15 U.S.C. 
     638(f)(1))--
       ``(i) improves transparency for determining whether the 
     Department is complying with the allocation requirements;
       ``(ii) reduces the burden of calculating the allocations; 
     and
       ``(iii) improves the compliance of the Department with the 
     allocation requirements; and''; and
       (3) in paragraph (2) by striking ``under subparagraph (B)'' 
     and inserting ``under subparagraphs (B) and (C)''.

     SEC. 6505. COORDINATION BETWEEN AGENCIES ON COMMERCIALIZATION 
                   ASSISTANCE.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (j), as amended by section 6202(a) of 
     this Act, by adding at the end the following:
       ``(5) Coordination of commercialization assistance.--Not 
     later than 120 days after the date of enactment of this 
     paragraph, the Administrator shall modify the policy 
     directive issued pursuant to this subsection to clarify that 
     a small business concern receiving training through the 
     Innovation Corps program with administrative funds made 
     available under subsection (mm) shall not receive 
     discretionary business assistance funds for the same or 
     similar activities as allowed under subsection (q).''; and
       (2) in subsection (p), by adding at the end the following:
       ``(4) Coordination of commercialization assistance.--Not 
     later than 120 days after the date of enactment of this 
     paragraph, the Administrator shall modify the policy 
     directive issued pursuant to this subsection to clarify that 
     a small business concern receiving training through the 
     Innovation Corps program with administrative funds made 
     available under subsection (mm) shall not receive 
     discretionary business assistance funds for the same or 
     similar activities as allowed under subsection (q).''.

           TITLE LXVI--PARTICIPATION BY WOMEN AND MINORITIES

     SEC. 6601. SBA COORDINATION ON INCREASING OUTREACH FOR WOMEN 
                   AND MINORITY-OWNED BUSINESSES.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) 
     is amended--
       (1) in paragraph (8), by striking ``and'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(10) to coordinate with participating agencies on efforts 
     to increase outreach and awards under each of the SBIR and 
     STTR programs to small business concerns owned and controlled 
     by women and socially and economically disadvantaged small 
     business concerns, as defined in section 8(a)(4).''.

     SEC. 6602. FEDERAL AGENCY OUTREACH REQUIREMENTS FOR WOMEN AND 
                   MINORITY-OWNED BUSINESSES.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (g)--
       (A) in paragraph (11), by striking ``and'' at the end;
       (B) in paragraph (12), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(13) implement an outreach program to small business 
     concerns for the purpose of enhancing its SBIR program, under 
     which the Federal agency shall--
       ``(A) provide outreach to small business concerns owned and 
     controlled by women and socially and economically 
     disadvantaged small business concerns, as defined in section 
     8(a)(4); and
       ``(B) establish goals for outreach by the Federal agency to 
     the small business concerns described in subparagraph (A).''; 
     and
       (2) in subsection (o)(14), by striking ``SBIR program;'' 
     and inserting ``SBIR program, under which the Federal agency 
     shall--
       ``(A) provide outreach to small business concerns owned and 
     controlled by women and socially and economically 
     disadvantaged small business concerns, as defined in section 
     8(a)(4); and
       ``(B) establish goals for outreach by the Federal agency to 
     the small business concerns described in subparagraph (A).''.

     SEC. 6603. STTR POLICY DIRECTIVE MODIFICATION.

       Section 9(p) of the Small Business Act (15 U.S.C. 638(p)), 
     as amended by section 6505 of this Act, is amended by adding 
     at the end the following:
       ``(5) Additional modifications.--Not later than 120 days 
     after the date of enactment of this paragraph, the 
     Administrator shall modify the policy directive issued 
     pursuant to this subsection to provide for enhanced outreach 
     efforts to increase the participation of small business 
     concerns owned and controlled by women and socially and 
     economically disadvantaged small business concerns, as 
     defined in section 8(a)(4), in technological innovation and 
     in STTR programs.''.

     SEC. 6604. INTERAGENCY SBIR/STTR POLICY COMMITTEE.

       Section 5124 of the SBIR/STTR Reauthorization Act of 2011 
     (Public Law 112-81; 125 Stat. 1837) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Meetings.--
       ``(1) In general.--The Interagency SBIR/STTR Policy 
     Committee shall meet not less than twice per year to carry 
     out the duties under subsection (c).
       ``(2) Outreach and technical assistance activities.--If the 
     Interagency SBIR/STTR Policy Committee meets to discuss 
     outreach and technical assistance activities to increase the 
     participation of small business concerns that are 
     underrepresented in the SBIR and STTR programs, the Committee 
     shall invite to the meeting--
       ``(A) a representative of the Minority Business Development 
     Agency; and
       ``(B) relevant stakeholders that work to advance the 
     interests of--
       ``(i) small business concerns owned and controlled by 
     women, as defined in section 3 of the Small Business Act (15 
     U.S.C. 632); and
       ``(ii) socially and economically disadvantaged small 
     business concerns, as defined in section 8(a)(4) of the Small 
     Business Act (15 U.S.C. 637(a)(4)).''.

     SEC. 6605. DIVERSITY AND STEM WORKFORCE DEVELOPMENT PILOT 
                   PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (2) the term ``covered STEM intern'' means a student at, or 
     recent graduate from, an institution of higher education 
     serving as an intern--
       (A) whose course of study studied is focused on the STEM 
     fields; and
       (B) who is a woman or a person from an underrepresented 
     population in the STEM fields;
       (3) the term ``eligible entity'' means a small business 
     concern that--
       (A) is receiving amounts under an award under the SBIR 
     program or the STTR program of a Federal agency on the date 
     on which the Federal agency awards a grant to the small 
     business concern under subsection (b); and

[[Page 8679]]

       (B) provides internships for covered STEM interns;
       (4) the terms ``Federal agency'', ``SBIR'', and ``STTR'' 
     have the meanings given those terms under section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e));
       (5) the term ``institution of higher education'' has the 
     meaning given the term under section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a));
       (6) the term ``person from an underrepresented population 
     in the STEM fields'' means a person from a group that is 
     underrepresented in the population of STEM students, as 
     determined by the Administrator;
       (7) the term ``pilot program'' means the Diversity and STEM 
     Workforce Development Pilot Program established under 
     subsection (b);
       (8) the term ``recent graduate'', relating to a woman or a 
     person from an underrepresented population in the STEM 
     fields, means that the woman or person from an 
     underrepresented population in the STEM fields earned an 
     associate degree, baccalaureate degree, or postbaccalaureate 
     from an institution of higher education during the 1-year 
     period beginning on the date of the internship;
       (9) the term ``small business concern'' has the meaning 
     given the term under section 3 of the Small Business Act (15 
     U.S.C. 632); and
       (10) the term ``STEM fields'' means the fields of science, 
     technology, engineering, and math.
       (b) Pilot Program for Internships for Women and People From 
     Underrepresented Populations.--The Administrator shall 
     establish a Diversity and STEM Workforce Development Pilot 
     Program to encourage the business community to provide 
     workforce development opportunities for covered STEM interns, 
     under which a Federal agency participating in the SBIR 
     program or STTR program may make a grant to 1 or more 
     eligible entities for the costs of internships for covered 
     STEM interns.
       (c) Amount and Use of Grants.--
       (1) Amount.--A grant under subsection (b)--
       (A) may not be in an amount of more than $15,000 per fiscal 
     year; and
       (B) shall be in addition to the amount of the award to the 
     recipient under the SBIR program or the STTR program.
       (2) Use.--Not less than 90 percent of the amount of a grant 
     under subsection (b) shall be used by the eligible entity to 
     provide stipends or other similar payments to interns.
       (d) Evaluation.--Not later than January 31 of the first 
     calendar year after the third fiscal year during which the 
     Administrator carries out the pilot program, the 
     Administrator shall submit to Congress--
       (1) data on the results of the pilot program, such as the 
     number and demographics of the covered STEM interns 
     participating in an internship funded under the pilot program 
     and the amount spent on such internships; and
       (2) an assessment of whether the pilot program helped the 
     SBIR program and STTR program achieve the congressional 
     objective of fostering and encouraging the participation of 
     women and persons from underrepresented populations in the 
     STEM fields.
       (e) Termination.--The pilot program shall terminate after 
     the end of the fourth fiscal year during which the 
     Administrator carries out the pilot program.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the pilot program.

                     TITLE LXVII--TECHNICAL CHANGES

     SEC. 6701. UNIFORM REFERENCE TO THE DEPARTMENT OF HEALTH AND 
                   HUMAN SERVICES.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (cc), by striking ``National Institutes 
     of Health'' and inserting ``Department of Health and Human 
     Services''; and
       (2) in subsection (dd)(1)(A), by striking ``Director of the 
     National Institutes of Health'' and inserting ``Secretary of 
     Health and Human Services''.

     SEC. 6702. FLEXIBILITY FOR PHASE II AWARD INVITATIONS.

       Section 9(e)(4)(B) of the Small Business Act (15 U.S.C. 
     638(e)(4)(B)) is amended in the matter preceding clause (i)--
       (1) by striking ``, which shall not include any invitation, 
     pre-screening, or pre-selection process for eligibility for 
     Phase II,''; and
       (2) by inserting ``in which eligibility for an award shall 
     not be based only on an invitation, pre-screening, or pre-
     selection process and'' before ``in which awards''.

     SEC. 6703. PILOT PROGRAM FOR STREAMLINED TECHNOLOGY 
                   TRANSITION FROM THE SBIR AND STTR PROGRAMS OF 
                   THE DEPARTMENT OF DEFENSE.

       (a) Definitions.--In this section--
       (1) the terms ``commercialization'', ``SBIR'', ``STTR'', 
     ``Phase I'', ``Phase II'', and ``Phase III'' have the 
     meanings given those terms in section 9(e) of the Small 
     Business Act (15 U.S.C. 638(e));
       (2) the term ``covered small business concern'' means--
       (A) a small business concern that completed a Phase II 
     award under the SBIR or STTR program of the Department of 
     Defense; or
       (B) a small business concern that--
       (i) completed a Phase I award under the SBIR or STTR 
     program of the Department of Defense; and
       (ii) a contracting officer for the Department of Defense 
     recommends for inclusion in a multiple award contract 
     described in subsection (b);
       (3) the term ``multiple award contract'' has the meaning 
     given the term in section 3302(a) of title 41, United States 
     Code;
       (4) the term ``pilot program'' means the pilot program 
     established under subsection (b); and
       (5) the term ``small business concern'' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Establishment.--The Secretary of the Defense may 
     establish a pilot program under which the Department of 
     Defense shall award multiple award contracts to covered small 
     business concerns for the purchase of technologies, supplies, 
     or services that the covered small business concern has 
     developed through the SBIR or STTR program.
       (c) Waiver of Competition in Contracting Act 
     Requirements.--The Secretary of the Defense may establish 
     procedures to waive provisions of section 2304 of title 10, 
     United States Code, for purposes of carrying out the pilot 
     program.
       (d) Use of Contract Vehicle.--A multiple award contract 
     described in subsection (b) may be used by any service or 
     component of the Department of Defense.
       (e) Termination.--The pilot program established under this 
     section shall terminate on September 30, 2022.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to prevent the commercialization of products and 
     services produced by a small business concern under an SBIR 
     or STTR program of a Federal agency through--
       (1) direct awards for Phase III of an SBIR or STTR program; 
     or
       (2) any other contract vehicle.
                                 ______
                                 
  SA 4681. Mr. JOHNSON (for himself, Mr. Leahy, Ms. Murkowski, and Mr. 
Schumer) submitted an amendment intended to be proposed by him to the 
bill H.R. 2578, making appropriations for the Departments of Commerce 
and Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN 
                   UNITED STATES PERSONNEL STATIONED IN CANADA.

       (a) Short Title.--This section may be cited as the 
     ``Promoting Travel, Commerce, and National Security Act of 
     2016''.
       (b) Amendment.--Chapter 212A of title 18, United States 
     Code, is amended--
       (1) in the chapter heading, by striking ``TRAFFICKING IN 
     PERSONS''; and
       (2) by adding after section 3272 the following:

     ``Sec. 3273. Offenses committed by certain United States 
       personnel stationed in Canada in furtherance of border 
       security initiatives

       ``(a) In General.--Whoever, while employed by the 
     Department of Homeland Security or the Department of Justice 
     and stationed or deployed in Canada pursuant to a treaty, 
     executive agreement, or bilateral memorandum in furtherance 
     of a border security initiative, engages in conduct (or 
     conspires or attempts to engage in conduct) in Canada that 
     would constitute an offense for which a person may be 
     prosecuted in a court of the United States had the conduct 
     been engaged in within the United States or within the 
     special maritime and territorial jurisdiction of the United 
     States shall be fined or imprisoned, or both, as provided for 
     that offense.
       ``(b) Definition.--In this section, the term `employed by 
     the Department of Homeland Security or the Department of 
     Justice' means--
       ``(1) being employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), or an employee of a 
     contractor (or a subcontractor at any tier) of the Department 
     of Homeland Security or the Department of Justice;
       ``(2) being present or residing in Canada in connection 
     with such employment; and
       ``(3) not being a national of or ordinarily resident in 
     Canada.''.
       (c) Technical and Conforming Amendments.--Part II of title 
     18, United States Code, is amended--
       (1) in the table of chapters, by striking the item relating 
     to chapter 212A and inserting the following:

``212A.  Extraterritorial jurisdiction over certain offenses3271'';....

     and
       (2) in the table of sections for chapter 212A, by inserting 
     after the item relating to section 3272 the following:

``3273. Offenses committed by certain United States personnel stationed 
              in Canada in furtherance of border security 
              initiatives.''.

       (d) Rule of Construction.--Nothing in this section or the 
     amendments made by this

[[Page 8680]]

     section shall be construed to infringe upon or otherwise 
     affect the exercise of prosecutorial discretion by the 
     Department of Justice in implementing this section and the 
     amendments made by this section.
                                 ______
                                 
  SA 4682. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill H.R. 2578, making appropriations for the Departments 
of Commerce and Justice, Science, and Related Agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Of the amounts made available by this Act to the 
     National Marine Fisheries Service to provide observers, the 
     National Marine Fisheries Service shall pay for the placement 
     of at sea monitors on vessels before paying for observer-
     related costs associated with standardized bycatch reporting 
     methodology requirements.
                                 ______
                                 
  SA 4683. Mr. ISAKSON (for himself and Mr. Perdue) submitted an 
amendment intended to be proposed by him to the bill H.R. 2578, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       After section 217, insert the following:
       Sec. 218.  Notwithstanding any other provision of law, the 
     provision of Senate Report 114-239 (April 21, 2016) relating 
     to Federal water usage violations shall have no force or 
     effect of law.
                                 ______
                                 
  SA 4684. Mr. PERDUE (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill H.R. 2578, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Until the Secretary of the Army takes the 
     actions described in subsection (b), none of the funds made 
     available in this Act may be used--
       (1) to conduct an audit of--
       (A) all Federal water contract violations in multi-State 
     water basins since 2005; and
       (B) any contract violation notification the Department of 
     Justice has received from the Secretary of the Army regarding 
     all multi-State river basins since 2005;
       (2) to develop and submit a record of how the Department of 
     Justice has handled the violations and notifications 
     described in subparagraphs (A) and (B) of paragraph (1);
       (3) to develop and implement a comprehensive plan to 
     enforce Federal law and respond to the violations described 
     in subparagraphs (A) and (B) of paragraph (1);
       (4) to issue or submit a report relating to the violations 
     described in subparagraphs (A) and (B) of paragraph (1); or
       (5) to enter into an agreement with the Secretary of the 
     Army to receive notifications relating to the violations 
     described in subparagraphs (A) and (B) of paragraph (1).
       (b) The actions described in this subsection are--
       (1) promulgation of a rule regarding return flow credits in 
     reservoirs under the jurisdiction of the Corps of Engineers; 
     and
       (2) issuance of a final agency action on a updated water 
     supply allocation for Lake Allatoona for the Alabama-Coosa-
     Tallapoosa river basin.

                          ____________________