[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2793 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2793
To amend the Small Business Act to reauthorize and improve the Small
Business Innovation Research Program and the Small Business Technology
Transfer Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2016
Mrs. Shaheen (for herself, Mr. Vitter, and Ms. Ayotte) introduced the
following bill; which was read twice and referred to the Committee on
Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To amend the Small Business Act to reauthorize and improve the Small
Business Innovation Research Program and the Small Business Technology
Transfer Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBIR and STTR Reauthorization and
Improvement Act of 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--REAUTHORIZATION OF PROGRAMS
Sec. 101. Permanency of SBIR program and STTR program.
TITLE II--ENHANCED SMALL BUSINESS ACCESS TO FEDERAL INNOVATION
INVESTMENTS
Sec. 201. Allocation increases and transparency in base calculation.
Sec. 202. Regular oversight of award amounts.
TITLE III--COMMERCIALIZATION IMPROVEMENTS
Sec. 301. Permanency of the commercialization pilot program for
civilian agencies.
Sec. 302. Enforcement of national small business goal for Federal
research and development.
Sec. 303. Tracking rapid innovation fund awards in annual congressional
report.
Sec. 304. Intellectual property protection for technology development.
Sec. 305. Annual GAO audit of compliance with commercialization goals.
Sec. 306. Clarifying the Phase III preference.
Sec. 307. Improvements to technical and business assistance.
TITLE IV--PROGRAM DIVERSIFICATION INITIATIVES
Sec. 401. Regional SBIR State collaborative initiative pilot program.
Sec. 402. Federal and State Technology Partnership Program.
TITLE V--OVERSIGHT AND SIMPLIFICATION INITIATIVES
Sec. 501. Data modernization summit.
Sec. 502. Implementation of outstanding reauthorization provisions.
Sec. 503. Strengthening of the requirement to shorten the application
review and decision time.
Sec. 504. Continued GAO oversight of allocation compliance and accuracy
in funding base calculations.
TITLE VI--TECHNICAL CHANGES
Sec. 601. Uniform reference to the Department of Health and Human
Services.
Sec. 602. Flexibility for Phase II award invitations.
TITLE I--REAUTHORIZATION OF PROGRAMS
SEC. 101. 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 II--ENHANCED SMALL BUSINESS ACCESS TO FEDERAL INNOVATION
INVESTMENTS
SEC. 201. ALLOCATION INCREASES AND TRANSPARENCY IN BASE CALCULATION.
(a) SBIR.--Section 9(f) of the Small Business Act (15 U.S.C.
638(f)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``expend'' and inserting ``obligate for
expenditure'';
(B) in subparagraph (H), by striking ``and'' at the
end;
(C) in subparagraph (I), by striking ``and each
fiscal year thereafter,'' and inserting a semicolon;
and
(D) by inserting after subparagraph (I) the
following:
``(J) for a Federal agency other than the
Department of Defense--
``(i) not less than 3.5 percent of the
extramural budget for research or research and
development of the Federal agency in each of
fiscal years 2018 and 2019;
``(ii) not less than 4 percent of such
extramural in each of fiscal years 2020 and
2021;
``(iii) not less than 4.5 percent of such
extramural in each of fiscal years 2022 and
2023;
``(iv) not less than 5 percent of such
extramural in each of fiscal years 2024 and
2025;
``(v) not less than 5.5 percent of such
extramural in each of fiscal years 2026 and
2027; and
``(vi) not less than 6 percent of such
extramural in fiscal year 2028 and each fiscal
year thereafter; and
``(K) for the Department of Defense--
``(i) not less than 2.5 percent of the
budget for research and development of the
Department of Defense in each of fiscal years
2018 and 2019;
``(ii) not less than 3 percent of such
budget in each of fiscal years 2020 and 2021;
``(iii) not less than 3.5 percent of such
budget in each of fiscal years 2022 and 2023;
``(iv) not less than 4 percent of such
budget in each of fiscal years 2024 and 2025;
``(v) not less than 4.5 percent of such
budget in each of fiscal years 2026 and 2027;
and
``(vi) not less than 5 percent of such
budget in fiscal year 2028 and each fiscal year
thereafter,'';
(2) in paragraph (2)(B), by inserting ``(or for the
Department of Defense, an amount of the budget for basic
research of the Department of Defense)'' after ``research'';
and
(3) in paragraph (4), by inserting ``(or for the Department
of Defense an amount of the budget for research of the
Department of Defense)'' after ``of the agency''.
(b) STTR.--Section 9(n)(1) of the Small Business Act (15 U.S.C.
638(n)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``expend'' and inserting ``obligate
for expenditure''; and
(B) by striking ``not less than the percentage of
that extramural budget specified in subparagraph (B)''
and inserting ``for a Federal agency other than the
Department of Defense, not less than the percentage of
that extramural budget specified in subparagraph (B)
and, for the Department of Defense, not less than the
percentage of the budget for research and development
of the Department of Defense specified in subparagraph
(B)''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``the extramural budget required to be expended by an
agency'' and inserting ``the extramural budget, for a
Federal agency other than the Department of Defense,
and of the budget for research and development, for the
Department of Defense, required to be obligated for
expenditure with small business concerns'';
(B) in clause (iv), by striking ``and'' at the end;
(C) in clause (v), by striking ``fiscal year 2016
and each fiscal year thereafter.'' and inserting ``each
of fiscal years 2016 and 2017;''; and
(D) by adding at the end the following:
``(vi) 0.55 percent for each of fiscal
years 2018 and 2019;
``(vii) 0.65 percent for each of fiscal
years 2020 and 2021;
``(viii) 0.75 percent for each of fiscal
years 2022 and 2023; and
``(ix) 1 percent for fiscal year 2024 and
each fiscal year thereafter.''.
SEC. 202. REGULAR OVERSIGHT OF AWARD AMOUNTS.
(a) Elimination of Automatic Inflation Adjustments.--Section 9(j)
of the Small Business Act (15 U.S.C. 638(j)) is amended--
(1) in paragraph (2)(D), by inserting ``through fiscal year
2016'' after ``every year''; and
(2) by adding at the end the following:
``(4) 2016 modifications for dollar value of awards.--Not
later than 120 days after the date of enactment of the SBIR and
STTR Reauthorization and Improvement Act of 2016, the
Administrator shall modify the policy directives issued under
this subsection to--
``(A) eliminate the annual adjustments for
inflation of the dollar value of awards described in
paragraph (2)(D); and
``(B) clarify that Congress intends to review the
dollar value of awards every 3 fiscal years.''.
(b) Sense of Congress Regarding Regular Review of the Award
Sizes.--It is the sense of Congress that for fiscal year 2019, and
every third fiscal year thereafter, Congress should evaluate whether
the maximum award sizes under the Small Business Innovation Research
Program under section 9 of the Small Business Act (15 U.S.C. 638)
should be adjusted and, if so, take appropriate action to direct that
such adjustments be made under the policy directives issued under
subsection (j) of such section.
(c) Clarification of Sequential Phase II Awards.--Section 9(ff) of
the Small Business Act (15 U.S.C. 638(ff)) is amended by adding at the
end the following:
``(3) Clarification of sequential phase ii awards.--The
head of a Federal agency shall ensure that any sequential Phase
II award is made in accordance with the limitations on award
sizes under subsection (aa).''.
TITLE III--COMMERCIALIZATION IMPROVEMENTS
SEC. 301. 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. 302. ENFORCEMENT OF NATIONAL SMALL BUSINESS GOAL FOR FEDERAL
RESEARCH AND DEVELOPMENT.
Section 9(h) of the Small Business Act (15 U.S.C. 638(h)) is
amended by inserting ``, which may not be less than 10 percent for
fiscal year 2018, and each fiscal year thereafter,'' after ``shall
establish goals''.
SEC. 303. TRACKING RAPID INNOVATION FUND AWARDS IN ANNUAL CONGRESSIONAL
REPORT.
Section 9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is
amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(H) information regarding awards under the Rapid
Innovation Program under section 1073 of the Ike
Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 124 Stat. 4366; 10
U.S.C. 2359 note), including--
``(i) the number and dollar amount of
awards made under the Rapid Innovation Program
to business concerns receiving an award under
the SBIR program or the STTR program;
``(ii) the proportion of awards under the
Rapid Innovation Program made to business
concerns receiving an award under the SBIR
program or the STTR program;
``(iii) the proportion of awards under the
Rapid Innovation Program made to small business
concerns; and
``(iv) a projection of the effect on the
number of awards under the Rapid Innovation
Program if amounts to carry out the program
were made available as a fixed allocation of
the amount appropriated to the Department of
Defense for research, development, test, and
evaluation, excluding amounts appropriated for
the defense universities;''.
SEC. 304. INTELLECTUAL PROPERTY PROTECTION FOR TECHNOLOGY DEVELOPMENT.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
adding at the end the following:
``(tt) Intellectual Property Protections.--
``(1) In general.--Subject to paragraph (2)(B), the cost of
seeking protection for intellectual property, including a
trademark, copyright, or patent, that was created through work
performed under an SBIR or STTR award is allowable as an
indirect cost under that award.
``(2) Clarification of patent costs.--
``(A) In general.--A Federal agency shall not
directly or indirectly inhibit, through the policies,
directives, or practices of the Federal agency, an
otherwise eligible small business concern performing
under an SBIR or STTR award from recovering patent
costs incurred as requirements under that award,
including--
``(i) the costs of preparing--
``(I) invention disclosures;
``(II) reports; and
``(III) other documents;
``(ii) the costs for searching the art to
the extent necessary to make the invention
disclosures;
``(iii) other costs in connection with the
filing and prosecution of a United States
patent application where title or royalty-free
license is to be conveyed to the Federal
Government; and
``(iv) general counseling services relating
to patent matters, including advice on patent
laws, regulations, clauses, and employee
agreements.
``(B) Recovery limitations.--After consultation
with contracting or auditing authorities, the patent
costs described in subparagraph (A) shall be allowable
for technology developed under a--
``(i) Phase I award, as indirect costs in
an amount not greater than $5,000;
``(ii) Phase II award, as indirect costs in
an amount not greater than $15,000; and
``(iii) Phase III award in which the
Federal Government has government purpose
rights (as defined in section 227.7103-5 of
title 48, Code of Federal Regulations).''.
SEC. 305. ANNUAL GAO AUDIT OF COMPLIANCE WITH COMMERCIALIZATION GOALS.
Section 9(nn) of the Small Business Act (15 U.S.C. 638(nn)) is
amended to read as follows:
``(nn) Annual GAO Report on Government Compliance With Goals,
Incentives, and Phase III Preference.--Not later than 1 year after the
date of enactment of the SBIR and STTR Reauthorization and Improvement
Act of 2016, and every year thereafter until the date that is 5 years
after the date of enactment of the SBIR and STTR Reauthorization and
Improvement Act of 2016, the Comptroller General of the United States
shall submit to the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House of
Representatives a report that--
``(1) discusses the status of the compliance of Federal
agencies with the requirements or authorities established
under--
``(A) subsection (h), relating to the establishment
by certain Federal agencies of a goal for funding
agreements for research and research and development
with small business concerns;
``(B) subsection (y)(5)(A), relating to the
requirement for the Department of Defense to establish
goals for the transition of Phase III technologies in
subcontracting plans;
``(C) subsection (y)(5)(B), relating to the
requirement for the Department of Defense to establish
procedures for a prime contractor to report the number
and dollar amount of contracts with small business
concerns for Phase III SBIR projects or STTR projects
of the prime contractor; and
``(D) subsection (y)(6), relating to the
requirement for the Department of Defense to set a goal
to increase the number of Phase II SBIR and STTR
contracts that transition into programs of record or
fielded systems;
``(2) includes, for a Federal agency that is in compliance
with a requirement described under paragraph (1), a description
of how the Federal agency achieved compliance; and
``(3) includes a list, organized by Federal agency, of
small business concerns that have asserted that--
``(A) technology of the small business concern was
stolen by the Government or a prime contractor; or
``(B) the Federal agency solicited bids for a
contract that was for work that derived from, extended,
or completed efforts made under prior funding
agreements under the SBIR program or STTR program.''.
SEC. 306. CLARIFYING THE PHASE III PREFERENCE.
Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is
amended--
(1) by striking paragraph (4);
(2) by redesignating paragraph (2) as paragraph (4), and
transferring such paragraph to after paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Phase iii award direction for agencies and prime
contractors.--To the greatest extent practicable, Federal
agencies and Federal prime contractors shall issue Phase III
awards relating to technology, including sole source awards and
awards under the Defense Research and Development Rapid
Innovation Program under section 1073 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4366; 10 U.S.C. 2359 note), to the SBIR
and STTR award recipients that developed the technology.''.
SEC. 307. 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 inserting ``and business'' before
``assistance services''; and
(ii) by inserting ``assistance with product
sales, intellectual property protections,
market research,'' after ``technologies,''; and
(B) in subparagraph (D), by inserting ``, including
intellectual property protections'' before the period
at the end; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``$5,000 per
year'' each place that term appears and inserting
``$6,500 per project'';
(B) in subparagraph (B), by striking ``$5,000 per
year'' each place that term appears and inserting
``$15,000 per project'';
(C) in subparagraph (C), by inserting ``or
business'' after ``technical''; and
(D) in subparagraph (D), by inserting ``or
business'' after ``technical'' each place that term
appears.
TITLE IV--PROGRAM DIVERSIFICATION INITIATIVES
SEC. 401. 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), in the matter preceding
subparagraph (A), by striking ``2017'' and inserting
``2021''; 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
304 of this Act, the following:
``(uu) Regional SBIR State Collaborative Initiative Pilot
Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible entity' means--
``(i) a research institution; and
``(ii) a small business concern;
``(B) the term `eligible State' means--
``(i) a State that the Administrator
determines is in the bottom half of States,
based on the average number of annual SBIR
program awards made to companies in the State
for the preceding 3 years for which the
Administration has applicable data; and
``(ii) an EPSCoR State that--
``(I) is a State described in
clause (i); or
``(II) is--
``(aa) not a State
described in clause (i); and
``(bb) invited to
participate in a regional
collaborative;
``(C) the term `EPSCoR State' means a State that
participates in the Experimental Program to Stimulate
Competitive Research of the National Science
Foundation, as established under section 113 of the
National Science Foundation Authorization Act of 1988
(42 U.S.C. 1862g);
``(D) the term `FAST program' means the Federal and
State Technology Partnership Program established under
section 34;
``(E) the term `pilot program' means the Regional
SBIR State Collaborative Initiative Pilot Program
established under paragraph (2);
``(F) the term `regional collaborative' means a
collaborative consisting of eligible entities that are
located in not less than 3 eligible States; and
``(G) the term `State' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.
``(2) Establishment.--The Administrator shall establish a
pilot program, to be known as the Regional SBIR State
Collaborative Initiative Pilot Program, under which the
Administrator shall provide awards to regional collaboratives
to address the needs of small business concerns in order to be
more competitive in the proposal and selection process for
awards under the SBIR program and the STTR program and to
increase technology transfer and commercialization.
``(3) Goals.--The goals of the pilot program are--
``(A) to create regional collaboratives that allow
eligible entities to work cooperatively to leverage
resources to address the needs of small business
concerns;
``(B) to grow SBIR program and STTR program
cooperative research and development and
commercialization through increased awards under those
programs;
``(C) to increase the participation of States that
have historically received a lower level of awards
under the SBIR program and the STTR program;
``(D) to utilize the strengths and advantages of
regional collaboratives to better leverage resources,
best practices, and economies of scale in a region for
the purpose of increasing awards and increasing the
commercialization of the SBIR program and STTR
projects;
``(E) to increase the competitiveness of the SBIR
program and the STTR program;
``(F) to identify sources of outside funding for
applicants for an award under the SBIR program or the
STTR program, including venture capitalists, angel
investor groups, private industry, crowd funding, and
special loan programs; and
``(G) to offer increased one-on-one engagements
with companies and entrepreneurs for SBIR program and
STTR program education, assistance, and successful
outcomes.
``(4) Application.--
``(A) In general.--A regional collaborative that
desires to participate in the pilot program shall
submit to the Administrator an application at such
time, in such manner, and containing such information
as the Administrator may require.
``(B) Inclusion of lead eligible entities and
coordinator.--A regional collaborative shall include in
an application submitted under subparagraph (A)--
``(i) the name of each lead eligible entity
from each eligible State in the regional
collaborative, as designated under paragraph
(5)(A); and
``(ii) the name of the coordinator for the
regional collaborative, as designated under
paragraph (6).
``(C) Avoidance of duplication.--A regional
collaborative shall include in an application submitted
under subparagraph (A) an explanation as to how the
activities of the regional collaborative under the
pilot program would differ from other State and Federal
outreach activities in each eligible State in the
regional collaborative.
``(5) Lead eligible entity.--
``(A) In general.--Each eligible State in a
regional collaborative shall designate 1 eligible
entity located in the eligible State to serve as the
lead eligible entity for the eligible State.
``(B) Authorization by governor.--Each lead
eligible entity designated under subparagraph (A) shall
be authorized to act as the lead eligible entity by the
Governor of the applicable eligible State.
``(C) Responsibilities.--Each lead eligible entity
designated under subparagraph (A) shall be responsible
for administering the activities and program
initiatives described in paragraph (7) in the
applicable eligible State.
``(6) Regional collaborative coordinator.--Each regional
collaborative shall designate a coordinator from amongst the
eligible entities located in the eligible States in the
regional collaborative, who shall serve as the interface
between the regional collaborative and the Administration with
respect to measuring cross-State collaboration and program
effectiveness and documenting best practices.
``(7) Use of funds.--Each regional collaborative that is
provided an award under the pilot program may, in each eligible
State in which an eligible entity of the regional collaborative
is located--
``(A) establish an initiative under which first-
time applicants for an award under the SBIR program or
the STTR program are reviewed by experienced, national
experts in the United States, as determined by the lead
eligible entity designated under paragraph (5)(A);
``(B) engage national mentors on a frequent basis
to work directly with applicants for an award under the
SBIR program or the STTR program, particularly during
Phase II, to assist with the process of preparing and
submitting a proposal;
``(C) create and make available an online mechanism
to serve as a resource for applicants for an award
under the SBIR program or the STTR program to identify
and connect with Federal labs, prime government
contractor companies, other industry partners, and
regional industry cluster organizations;
``(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. 402. 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 V--OVERSIGHT AND SIMPLIFICATION INITIATIVES
SEC. 501. DATA MODERNIZATION SUMMIT.
(a) Definitions.--In this section--
(1) the term ``Administration'' means the Small Business
Administration;
(2) the term ``Committee'' means the SBIR and STTR
Interagency Policy Committee established under subsection (b);
(3) the terms ``Federal agency'', ``SBIR'', and ``STTR''
have the meanings given such terms under section 9(e) of the
Small Business Act (15 U.S.C. 638(e));
(4) the term ``participating Federal agency'' means a
Federal agency with an SBIR program or an STTR program;
(5) the term ``phase'' means Phase I, Phase II, and Phase
III, as those terms are defined under section 9(e) of the Small
Business Act (15 U.S.C. 638(e)); and
(6) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
(b) Establishment.--There is established an interagency committee
to be known as the ``SBIR and STTR Interagency Policy Committee''.
(c) Membership.--The Committee shall include--
(1) 2 representatives from each participating Federal
agency, of which--
(A) 1 shall have expertise with respect to the SBIR
program and STTR program of the Federal agency; and
(B) 1 shall have expertise with respect to the
information technology systems of the Federal agency;
and
(2) 2 representatives from the Administration, of which--
(A) 1 shall serve as chairperson of the Committee;
and
(B) 1 shall be from the Information Technology
Development Team of the Office of Investment and
Innovation of the Administration.
(d) Duties.--The Committee shall review the recommendations made in
the report to Congress by the Office of Science and Technology of the
Administration entitled ``SBIR/STTR TechNet Public & Government
Databases'', dated September 15, 2014, and the practices of
participating Federal agencies to--
(1) determine how to collect data on achievements by small
business concerns in each phase of the SBIR program and the
STTR program and ensure collection and dissemination of such
data in a timely, efficient, and uniform manner;
(2) establish a uniform baseline for metrics that support
improving the solicitation, contracting, funding, and execution
of program management in the SBIR program and the STTR program;
(3) normalize formatting and database usage across
participating Federal agencies; and
(4) determine the feasibility of developing a common system
across all participating Federal agencies and the paperwork
requirements under such a common system.
(e) Implementation.--Not later than September 31, 2018, the
Committee shall brief the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives on the solutions identified by the
Committee under subsection (d) and resources needed to execute the
solutions.
SEC. 502. 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 401(1) of this Act, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (9)''; and
(2) by adding at the end the following:
``(9) Suspension of funding.--
``(A) For federal agencies.--
``(i) In general.--For fiscal years 2018
and 2019, any Federal agency that has not
implemented each provision of law described in
clause (ii)--
``(I) shall continue to provide
amounts to the Administration in
accordance with paragraph (7)(B); and
``(II) may not use any additional
amounts as described in paragraph (1)
until 30 days after the date on which
the Federal agency submits to the
Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the
House of Representatives documentation
demonstrating that the Federal agency
has implemented and is in compliance
with each provision of law described in
clause (ii).
``(ii) Provisions.--The provisions of law
described in this subparagraph are the
following:
``(I) Subsection (r)(4), relating
to Phase III preferences.
``(II) Paragraphs (5) and (6) of
subsection (y), relating to insertion
goals.
``(III) Subsection (g)(4)(B),
relating to shortening the decision
time for SBIR awards.
``(IV) Subsection (o)(4)(B),
relating to shortening the decision
time for STTR awards.
``(V) Subsection (v), relating to
reducing paperwork and compliance
burdens.
``(B) For administration.--For fiscal years 2018
and 2019, if the Administration is not in compliance
with subsection (b)(7), relating to annual reports to
Congress, the Administration may not use amounts
received under paragraph (7)(B) of this subsection for
a purpose described in clause (iii) of such paragraph
(7)(B).''.
(b) Clarification of Reporting Requirement.--Section 9(b)(7) of the
Small Business Act (15 U.S.C. 638(b)(7)) is amended in the matter
preceding subparagraph (A), by striking ``not less than annually'' and
inserting ``not later than February 1 of each year''.
SEC. 503. 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. 504. 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 inserting ``until the date on which the
Comptroller General of the United States submits the report
relating to fiscal year 2019'';
(2) in paragraph (1), by striking subparagraph (C) and
inserting the following:
``(C) assess whether the change in the base funding
for the Department of Defense as required by
subparagraphs (J) and (K) of section 9(f)(1) of the
Small Business Act (15 U.S.C. 638(f)(1))--
``(i) improves transparency for determining
whether the Department is complying with the
allocation requirements;
``(ii) reduces the burden of calculating
the allocations; and
``(iii) improves the compliance of the
Department with the allocation requirements;
and''; and
(3) in paragraph (2) by striking ``under subparagraph (B)''
and inserting ``under subparagraphs (B) and (C)''.
TITLE VI--TECHNICAL CHANGES
SEC. 601. 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. 602. 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''.
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