SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction and land
acquisition for chemical demilitarization in the total amount of
$75,312,000, as follows:
- (1) For the construction of phase 13
of a chemical munitions demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 839), section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2413 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), $15,338,000.
(2) For the construction of phase 12 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111-383; 124 Stat. 4450), $59,974,000.
SEC. 2412. REDUCTION OF DEFENSE AGENCIES MILITARY CONSTRUCTION AUTHORIZATION.
- Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) for fiscal years prior to
fiscal year 2012 are hereby reduced by $131,000,000.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $240,611,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- (a) Inside the United States- Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
-------------------------------------------------------------
State Location Amount
-------------------------------------------------------------
Alabama Fort McClellan $16,500,000
Arizona Papago Military Reservation $17,800,000
Arkansas Fort Chafee $3,500,000
California Camp Roberts $38,160,000
Camp San Luis Obispo $8,000,000
Colorado Alamosa $6,400,000
Aurora $3,600,000
Fort Carson $43,000,000
District of Columbia Anacostia $5,300,000
Florida Camp Blanding $5,500,000
Georgia Atlanta $11,000,000
Hinesville $17,500,000
Macon $14,500,000
Hawaii Kalaeloa $33,000,000
Illinois Normal $10,000,000
Indiana Camp Atterbury $81,900,000
Indianapolis $25,700,000
Maine Bangor $15,600,000
Brunswick $23,000,000
Maryland Dundalk $16,000,000
La Plata $9,000,000
Westminster $10,400,000
Massachusetts Natick $9,000,000
Minnesota Camp Ripley $8,400,000
Mississippi Camp Shelby $64,600,000
Nebraska Grand Island $22,000,000
Mead $9,100,000
Nevada Las Vegas $23,000,000
New Jersey Lakehurst $49,000,000
New Mexico Santa Fe $5,200,000
North Carolina Greensboro $3,700,000
Oklahoma Camp Gruber $13,361,000
Oregon The Dalles $13,800,000
South Carolina Allendale $4,300,000
Utah Camp Williams $6,500,000
Virginia Fort Pickett $11,000,000
West Virginia Buckhannon $10,000,000
Wisconsin Camp Williams $7,000,000
Wyoming Cheyenne $8,900,000
-------------------------------------------------------------
- (b) Outside the United States- Using amounts appropriated
pursuant to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Outside the United States
--------------------------------------
Country Location Amount
--------------------------------------
Puerto Rico Fort Buchanan $57,000,000
--------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Army may acquire
real property and carry out military construction projects for the Army
Reserve locations inside the United States, and in the amounts, set
forth in the following table:
Army Reserve
--------------------------------------------------
State Location Amount
--------------------------------------------------
California Fort Hunter Liggett $5,200,000
Colorado Fort Collins $13,600,000
Illinois Homewood $16,000,000
Rockford $12,800,000
Indiana Fort Benjamin Harrison $57,000,000
Kansas Kansas City $13,000,000
Massachusetts Attleboro $22,000,000
Minnesota Saint Joseph $11,800,000
Missouri Weldon Springs $19,000,000
New York Schenectady $20,000,000
North Carolina Greensboro $19,000,000
South Carolina Orangeburg $12,000,000
Wisconsin Fort McCoy $27,300,000
--------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3), the Secretary of the Navy may acquire
real property and carry out military construction projects for the Navy
Reserve and Marine Corps Reserve locations inside the United States,
and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
------------------------------------
State Location Amount
------------------------------------
Pennsylvania Pittsburgh $13,759,000
Tennessee Memphis $7,949,000
------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(4), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air National Guard locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------
State Location Amount
----------------------------------------------------------------
California Beale Air Force Base $6,100,000
Moffett Field $26,000,000
Hawaii Joint Base Pearl Harbor-Hickam $39,521,000
Indiana Fort Wayne International Airport $4,000,000
Maryland Martin State Airport $4,900,000
Massachusetts Otis Air National Guard Base $7,800,000
Ohio Springfield Beckley-Municipal Airport $6,700,000
----------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(5), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air Force Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Air Force Reserve
-----------------------------------------------------
State Location Amount
-----------------------------------------------------
California March Air Force Base $16,393,000
South Carolina Charleston Air Force Base $9,593,000
-----------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
- (1) For the Department of the Army, for the Army National Guard of the United States, $773,592,000.
(2) For the Department of the Army, for the Army Reserve, $280,549,000.
(3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $26,299,000.
(4) For the Department of the Air Force, for the Air National Guard of the United States, $116,246,000.
(5) For the Department of the Air Force, for the Air Force Reserve, $33,620,000.
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008 PROJECTS.
- (a) Extension- Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2601 and 2604 of that
Act (122 Stat. 527-528), shall remain in effect until October 1, 2012,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later.
(b) Table- The table referred to in subsection (a) is as follows:
Army National Guard: Extension of 2008 Project Authorization
-------------------------------------------------------------------
State Installation or Location Project Amount
-------------------------------------------------------------------
Pennsylvania Coatesville Readiness Center $ 8,300,000
-------------------------------------------------------------------
SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009 PROJECTS.
- (a) Extension- Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
tables in subsection (b), as provided in sections 2601, 2602, and 2603
of that Act, shall remain in effect until October 1, 2012, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2013, whichever is later.
(b) Tables- The tables referred to in subsection (a) are as follows:
Air National Guard: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------
Indiana Camp Atterbury Multipurpose Machine Gun Range $5,800,000
Nevada Elko Readiness Center $11,375,000
----------------------------------------------------------------------------
Air National Guard: Extension of 2009 Project Authorization
------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
------------------------------------------------------------------------------------------------
Mississippi Gulfport-Biloxi International Airport Relocate munitions storage complex $3,400,000
------------------------------------------------------------------------------------------------
Air Reserve: Extension of 2009 Project Authorization
------------------------------------------------------------------
State Installation or Location Project Amount
------------------------------------------------------------------
New York Staten Island Army Reserve Center $18,550,000
------------------------------------------------------------------
Navy Reserve and Marine Corps Reserve: Extension of 2009 Project Authorization
--------------------------------------------------------------------------
State Installation or Location Project Amount
--------------------------------------------------------------------------
Delaware Wilmington Armed Forces Reserve Center $11,530,000
--------------------------------------------------------------------------
SEC. 2609. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2009 PROJECT.
- In the case of the authorization contained in the table in
section 2601(a) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4701) for
Elko, Nevada, for construction of an Army Reserve Center, the Secretary
of the Army may instead construct the Army Reserve Center at Carlin,
Nevada.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $323,543,000, as follows:
- (1) For the Department of the Army, $70,716,000.
(2) For the Department of the Navy, $129,351,000.
(3) For the Department of the Air Force, $123,476,000.
SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
- Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $258,776,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $258,776,000 as follows:
- (1) For the Department of the Army, $229,190,000.
(2) For the Department of the Navy, $25,829,000.
(3) For the Department of the Air Force, $1,966,000.
(4) For the Defense Agencies, $1,791,000.
SEC. 2704. REDUCTION OF MILITARY CONSTRUCTION AUTHORIZATION FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES AUTHORIZED THROUGH THE DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990.
- Amounts previously authorized for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act for fiscal
years prior to fiscal year 2012 are hereby reduced by $100,000,000.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
SEC. 2801. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY.
- (a) Authority To Transfer Authorization of Appropriations-
- (1)
AUTHORITY- Upon a determination by the Secretary of a military
department, or with respect to the Defense Agencies, the Secretary of
Defense, that such action is necessary in the national interest, the
Secretary concerned may transfer amounts of authorization of
appropriations made available to that military department or Defense
Agency in this division for fiscal year 2012 between any such
authorization of appropriations for that military department or Defense
Agency for that fiscal year. Amounts of authorization of appropriations
so transferred shall be merged with and be available for the same
purposes as the authorization of appropriations to which transferred.
(2) AGGREGATE LIMIT- The aggregate amount of authorizations that the Secretaries concerned may transfer under the authority of this section may not exceed $400,000,000.
(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for appropriation for the account to which the amount is transferred by an amount equal to the amount transferred.
(d) Notice to Congress- The Secretary concerned shall promptly notify the congressional defense committees of each transfer made by that Secretary under subsection (a).
SEC. 2802. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
- (a) One-year Extension of Authority- Section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723), as most recently amended by section
2804 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111-383; 124 Stat. 4459), is amended--
- (1) in subsection (c)(2), by striking ‘fiscal year 2011’ and inserting ‘fiscal year 2012’; and
(2) in subsection (h)--
- (A) in paragraph (1), by striking ‘September 30, 2011’ and inserting ‘September 30, 2012’; and
(B) in paragraph (2), by striking ‘fiscal year 2012’ and inserting ‘fiscal year 2013’.
- (1) by striking ‘Quarterly Reports or’ in the subsection heading;
(2) by striking ‘the report for a fiscal-year quarter under subsection (d) or’; and
(3) by striking ‘report or’.
SEC. 2803. CLARIFICATION OF AUTHORITY TO USE THE PENTAGON RESERVATION MAINTENANCE REVOLVING FUND FOR MINOR CONSTRUCTION AND ALTERATION ACTIVITIES AT THE PENTAGON RESERVATION.
- Section 2674(e)(4) of title 10, United States Code, is amended--
- (1) by striking ‘The authority’ and inserting ‘(A) Except as provided in subparagraph (B), the authority’; and
(2) by adding at the end the following new subparagraph:
‘(B) The Secretary may use monies from the Fund to support construction or alteration activities at the Pentagon Reservation within the limits stated in section 2805 of this title.’.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXCHANGE OF PROPERTY AT MILITARY INSTALLATIONS.
- (a) Exchange Authority- Section 2869 of title 10, United States Code, is amended--
- (1)
in the section heading, by striking ‘Conveyance of property at military
installations to limit encroachment’ and inserting ‘Exchange of
property at military installations’; and
(2) in subsection (a)--
- (A) in the subsection heading, by striking ‘Conveyance Authorized; Consideration’ and inserting ‘Exchange Authorized’; and
(B) in paragraph (1), by striking ‘to any person who agrees, in exchange for the real property, to carry out a land acquisition’ and inserting ‘to any eligible entity who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the entity in and to a parcel of real property, including any improvements thereon under their control, or to carry out a land acquisition’.
- (1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.
‘2869. Exchange of property at military installations.’.
SEC. 2812. CLARIFICATION OF AUTHORITY TO LIMIT ENCROACHMENTS.
- (a) Inapplicability of Certain Contract Requirements- Subsection
(c) of section 2684a of title 10, United States Code, is amended to read
as follows:
‘(c) Inapplicability of Certain Contract Requirements- Notwithstanding chapter 63 of title 31, an agreement under this section that is a cooperative agreement or a grant may be used to acquire property or services for the direct benefit or use of the United States Government.’.(b) Acquisition and Acceptance of Property and Interests- Subsection (d) of such section is amended--
- (1) in paragraph (3)--
- (A) by inserting ‘, and the monitoring and enforcement of any right, title, or interest in,’ after ‘resources on’;
(B) by inserting ‘and monitoring and enforcement’ after ‘natural resource management’; and
(C) by adding at the end the following: ‘Any such payment by the United States--
‘(A) may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and
‘(B) shall be placed by the eligible entity in an interest-bearing account, and any interest shall be applied for the same purposes as the principal.’; and
- (A) inserting ‘(A)’ after ‘(5)’;
(B) by inserting after the first sentence the following: ‘No such requirement need be included in the agreement if the property or interest is being transferred to a State, or the agreement requires it to be subsequently transferred to a State, and the Secretary concerned determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this section.’; and
(C) by adding at the end the following new subparagraph:
‘(B) Notwithstanding subparagraph (A), if all or a portion of the property or interest acquired under the agreement is subsequently transferred to the United States and administrative jurisdiction over the property is under a Federal official other than a Secretary concerned, the Secretary concerned and that Federal official shall enter into a memorandum of agreement providing, to the satisfaction of the Secretary concerned, for the management of the property or interest concerned in a manner appropriate for purposes of this section. Such memorandum of agreement shall also provide that, should it be proposed that the property or interest concerned be developed or used in a manner not appropriate for purposes of this section, including declaring the property to be excess to the agency’s needs or proposing to exchange the property for other property, the Secretary concerned may request that administrative jurisdiction over the property be transferred to the Secretary concerned at no cost, and, upon such a request being made, the administrative jurisdiction over the property shall be transferred accordingly.’.
SEC. 2813. DEPARTMENT OF DEFENSE CONSERVATION AND CULTURAL ACTIVITIES.
- Section 2694(b)(2) of title 10, United States Code, is amended--
- (1) in subparagraph (B), by inserting ‘and sustainability’ after ‘safety’; and
(2) by adding at the end the following new subparagraph:
‘(F) The implementation of ecosystem-wide land management plans--
‘(i) for a single ecosystem that encompasses at least two non-contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and
‘(ii) providing synergistic benefits unavailable if the installations acted separately.’.
Subtitle C--Land Conveyances
SEC. 2821. RELEASE OF REVERSIONARY INTEREST, CAMP JOSEPH T. ROBINSON, ARKANSAS.
- Section 2852 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2685) is
amended by striking ‘to be acquired by the United States of America’ and
inserting ‘to be acquired by the Military Department of Arkansas’.
SEC. 2822. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, CAMP CAITLIN AND OHANA NUI AREAS, HAWAII.
- Section 2856(a) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2689)
is amended by inserting before the period at the end the following: ‘,
before the property or portion thereof is made available for transfer
pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law
104-42; 109 Stat. 357), for use by any other Federal agency, or for
disposal under applicable laws’.
SEC. 2823. LAND CONVEYANCE AND EXCHANGE, JOINT BASE ELMENDORF RICHARDSON, ALASKA.
- (a) Conveyances Authorized-
- (1) MUNICIPALITY OF
ANCHORAGE- The Secretary of the Air Force may, in consultation with the
Secretary of the Interior, convey to the Municipality of Anchorage (in
this section referred to as the ‘Municipality’) all right, title, and
interest of the United States in and to all or any part of a parcel of
real property, including any improvements thereon, consisting of
approximately 220 acres at JBER situated to the west of and adjacent to
the Anchorage Regional Landfill in Anchorage, Alaska, for solid waste
management purposes, including reclamation thereof, and for alternative
energy production, and other related activities. This authority may not
be exercised unless and until the March 15, 1982, North Anchorage Land
Agreement is amended by the parties thereto to specifically permit the
conveyance under this subparagraph.
(2) EKLUTNA, INC.- The Secretary of the Air Force may, in consultation with the Secretary of the Interior, upon terms mutually agreeable to the Secretary of the Air Force and Eklutna, Inc., an Alaska Native village corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) (in this section referred to as ‘Eklutna’), convey to Eklutna all right, title, and interest of the United States in and to all or any part of a parcel of real property, including any improvements thereon, consisting of approximately 130 acres situated on the northeast corner of the Glenn Highway and Boniface Parkway in Anchorage, Alaska, or such other property as may be identified in consultation with the Secretary of the Interior, for any use compatible with JBER’s current and reasonably foreseeable mission as determined by the Secretary of the Air Force.
(3) RIGHT TO WITHHOLD TRANSFER- The Secretary may withhold transfer of any portion of the real property described in paragraphs (1) and (2) based on public interest or military mission requirements.
- (1)
MUNICIPALITY PROPERTY- As consideration for the conveyance under
subsection (a)(1), the Secretary of the Air Force shall receive in-kind
solid waste management services at the Anchorage Regional Landfill or
such other consideration as determined satisfactory by the Secretary
equal to at least fair market value of the property conveyed.
(2) EKLUTNA PROPERTY- As consideration for the conveyance under subsection (a)(2), the Secretary of the Air Force is authorized to receive, upon terms mutually agreeable to the Secretary and Eklutna, such interests in the surface estate of real property owned by Eklutna and situated at the northeast boundary of JBER and other consideration as considered satisfactory by the Secretary equal to at least fair market value of the property conveyed.
- (1)
PAYMENT REQUIRED- The Secretary of the Air Force shall require the
Municipality and Eklutna to reimburse the Secretary to cover costs
(except costs for environmental remediation of the property) to be
incurred by the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyances under subsection
(a), including survey costs, costs for environmental documentation, and
any other administrative costs related to the conveyance.
(2) TREATMENT OF AMOUNTS RECEIVED- Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e) Description of Property- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary.
(f) Other or Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyances under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Subtitle D--Other Matters
SEC. 2831. INVESTMENT PLAN FOR THE MODERNIZATION OF PUBLIC SHIPYARDS UNDER JURISDICTION OF DEPARTMENT OF THE NAVY.
- (a) Plan Required- Not later than March 1, 2012, the Secretary of
the Navy shall submit to the congressional defense committees a plan to
address the facilities and infrastructure requirements at each public
shipyard under the jurisdiction of the Department of the Navy.
(b) Content- The report required under subsection (a) shall include the following elements:
- (1)
A description of the operations and support required at each shipyard
under the control of the Secretary, including the location, year
constructed, the classes of ships serviced, number of personnel
assigned, and the average age of facilities at each location.
(2) A review of all workload requirements in the past 5 years, an assessment of the efficiency in the use of existing facilities to meet the workload, and an estimate of the workload planned for each shipyard through the current Future Years Defense plan.
(3) An assessment of the adequacy of each facility--
- (A) to carry out efficient depot-level ship maintenance with modern technology and equipment;
(B) to ensure workplace safety;
(C) to support nuclear-related activities (where applicable);
(D) to maintain the quality of life of the workforce; and
(E) to meet the energy savings goals of the Secretary of the Navy for military installations.
(5) A description and cost estimate for each project to improve, repair, renovate, or modernize facilities or infrastructure.
(6) A description of the facility improvements or new construction projects at each shipyard that would improve the efficiency of the facility’s operations or generate energy savings based upon a business case analysis.
(7) An investment strategy planned for each shipyard to correct deficiencies identified in paragraph (4), including timelines to complete each project and cost estimates and timelines necessary to complete the projects identified in paragraph (6).
(8) A list of projects, costs, and timelines through the future years defense plan to meet the requirements of the minimum capital investment percentage required under section 2476 of title 10, United States Code.
SEC. 2832. DATA SERVERS AND CENTERS.
- (a) Limitations on Obligation of Funds-
- (1) LIMITATIONS-
- (A)
BEFORE PERFORMANCE PLAN- During the period beginning on the date of the
enactment of this Act and ending on May 1, 2012, a department, agency,
or component of the Department of Defense may not obligate funds for a
data server, data server upgrade, data server farm, or data center
unless approved by the Chief Information Officer of the Department of
Defense or the Chief Information Officer of a component of the
Department to whom the Chief Information Officer of the Department has
specifically delegated such approval authority.
(B) UNDER PERFORMANCE PLAN- After May 1, 2012, a department, agency, or component of the Department may not obligate funds for a data center, or any information systems technology used therein, unless that obligation is in accordance with the performance plan required by subsection (b) and is approved as described in subparagraph (A).
- (A)
BEFORE PERFORMANCE PLAN- An approval of the obligation of funds may not
be granted under paragraph (1)(A) unless the official granting the
approval determines, in writing, that existing resources of the agency,
component, or element concerned cannot affordably or practically be used
or modified to meet the requirements to be met through the obligation
of funds.
(B) UNDER PERFORMANCE PLAN- An approval of the obligation of funds may not be granted under paragraph (1)(B) unless the official granting the approval determines that--
- (i) existing resources of the Department do not meet the operation requirements to be met through the obligation of funds; and
(ii) the proposed obligation is in accordance with the performance standards and measures established by the Chief Information Officer of the Department under subsection (b).
- (1) COMPONENT PLANS-
- (A)
IN GENERAL- Not later than January 15, 2012, the Secretaries of the
military departments and the heads of the Defense Agencies shall each
submit to the Chief Information Officer of the Department a plan for the
department or agency concerned to achieve the following:
- (i) A
reduction in the square feet of floor space devoted to information
systems technologies, attendant support technologies, and operations
within data centers.
(ii) A reduction in the use of all utilities necessary to power and cool information systems technologies and data centers.
(iii) An increase in multi-organizational utilization of data centers, information systems technologies, and associated resources.
(iv) A reduction in the investment for capital infrastructure or equipment required to support data centers as measured in cost per megawatt of data storage.
(v) A reduction in the number of commercial and government developed applications running on data servers and within data centers.
(vi) A reduction in the number of government and vendor provided full-time equivalent personnel, and in the cost of labor, associated with the operation of data servers and data centers.
- (A)
IN GENERAL- Not later than April 1, 2012, the Chief Information Officer
of the Department shall submit to the congressional defense committees a
performance plan for a reduction in the resources required for data
centers and information systems technologies Department-wide. The plan
shall be based upon and incorporate appropriate elements of the plans
submitted under paragraph (1).
(B) ELEMENTS- The performance plan required under this paragraph shall include the following:
- (i)
A Department-wide performance plan for achieving the matters specified
in paragraph (1)(A), including performance standards and measures for
data centers and information systems technologies, goals and schedules
for achieving such matters, and an estimate of cost savings anticipated
through implementation of the plan.
(ii) A Department-wide strategy for each of the following:
- (I) Desktop, laptop, and mobile device virtualization.
(II) Transitioning to cloud computing.
(III) Migration of Defense data and government-provided services from Department-owned and operated data centers to cloud computing services generally available within the private sector that provide a better capability at a lower cost with the same or greater degree of security.
(IV) Utilization of private sector-managed security services for data centers and cloud computing services.
(V) A finite set of metrics to accurately and transparently report on data center infrastructure (space, power and cooling): age, cost, capacity, usage, energy efficiency and utilization, accompanied with the aggregate data for each data center site in use by the Department in excess of 100 kilowatts of information technology power demand.
(VI) Transitioning to just-in-time delivery of Department-owned data center infrastructure (space, power and cooling) through use of modular data center technology and integrated data center infrastructure management software.
(d) Reports on Cost Savings-
- (1)
IN GENERAL- Not later than March 1 of each fiscal year, and ending in
fiscal year 2016, the Chief Information Officer of the Department shall
submit to the appropriate committees of Congress a report on the cost
savings, cost reductions, cost avoidances, and performance gains
achieved, and anticipated to be achieved, as of the date of such report
as a result of activities undertaken under this section.
(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘appropriate committees of Congress’ means--
- (A)
the Committee on Armed Services, the Committee on Appropriations, and
the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 2833. REDESIGNATION OF MIKE O’CALLAGHAN FEDERAL HOSPITAL IN NEVADA AS MIKE O’CALLAGHAN FEDERAL MEDICAL CENTER.
- (a) Redesignation- Section 2867 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2806), as amended by section 8135(a) of the
Department of Defense Appropriations Act, 1997 (section 101(b) of
division A of the Omnibus Consolidated Appropriations Act, 1997 (Public
Law 104-208; 110 Stat. 3009-118)), is further amended by striking ‘Mike
O’Callaghan Federal Hospital’ each place it appears and inserting ‘Mike
O’Callaghan Federal Medical Center’.
(b) Conforming Amendment- The heading of such section 2867 is amended to read as follows:
‘SEC. 2867. MIKE O’CALLAGHAN FEDERAL MEDICAL CENTER.’.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
- (a) Authorization of Appropriations- Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2012 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section 4601.
(b) Authorization of New Plant Projects- From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out the following new plant project for the National Nuclear Security Administration:
- Project 12-D-301, Transuranic (TRU) Waste Facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $13,481,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
- Funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 2012 for defense environmental cleanup
activities in carrying out programs as specified in the funding table in
section 4601.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
- Funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 2012 for other defense activities in carrying
out programs as specified in the funding table in section 4601.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS.
- (a) In General- Section 4508 of the Atomic Energy Defense Act (50 U.S.C. 2659) is amended to read as follows:
‘SEC. 4508. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS.
‘(a) In General- The Secretary of Energy shall--
‘(1) not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, and annually thereafter, review the security vulnerabilities of the computers of each national laboratory; and
‘(b) Elements- A notification submitted under subsection (a) with respect to a significant vulnerability of a national laboratory computer shall include the following:
‘(2) if, in conducting a review under paragraph (1), the Secretary discovers a significant vulnerability in a national laboratory computer, promptly notify the congressional defense committees of the vulnerability.
‘(1) A description of the vulnerability.
‘(c) National Laboratory Defined- In this section, the term ‘national laboratory’ has the meaning given that term in section 4502(g)(3).’.
‘(2) An assessment of the loss, if any, of classified or unclassified data as a result of the vulnerability.
‘(3) An assessment of the harm to national security or individual privacy resulting from the loss, if any, of such data.
‘(4) A description of the actions taken to address the vulnerability.
(b) Clerical Amendment- The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4508 and inserting the following new item:
‘Sec. 4508. Review of security vulnerabilities of national laboratory computers.’.
SEC. 3112. REVIEW BY SECRETARY OF ENERGY AND SECRETARY OF DEFENSE OF COMPTROLLER GENERAL ASSESSMENT OF BUDGET REQUESTS WITH RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX.
- Section 3255(a) of the National Nuclear Security Administration
Act (50 U.S.C. 2455(a)) is amended by adding at the end the following
new paragraph:
‘(3) The Secretary of Energy shall, in consultation with the Secretary of Defense--
‘(A) review the report submitted by the Comptroller General under paragraph (2); and
‘(B) not later than 30 days after receiving that report, submit to the congressional defense committees a report that includes--
‘(i) the results of the review conducted under subparagraph (A);
‘(ii) the views of the Secretary of Energy and the Secretary of Defense with respect to--
‘(I) the findings of the Comptroller General in the report submitted under paragraph (2); and
‘(iii) a description of any measures the Administration plans to take in response to the findings of the Comptroller General.’.
‘(II) whether the actual funding level for the fiscal year in which the report is submitted under this subparagraph is sufficient for the modernization of the nuclear security complex and the refurbishment of the nuclear weapons stockpile; and
SEC. 3113. AIRCRAFT PROCUREMENT.
- Of the amounts authorized to be appropriated and made available
for obligation under section 3101 for weapons activities for any fiscal
year before fiscal year 2013, the Secretary of Energy may procure not
more than one aircraft.
SEC. 3114. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET UNION.
- Not more than $500,000 of the funds authorized to be appropriated
by section 3101 and made available by the funding table in section 4601
for defense nuclear nonproliferation activities may be obligated or
expended to establish a center of excellence in a country that is not a
state of the former Soviet Union until the date that is 15 days after
the date on which the Administrator for Nuclear Security submits to the
congressional defense committees a report that includes the following:
- (1) An identification of the country in which the center will be located.
(2) A description of the purpose for which the center will be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
- (A) the amount of funds to be provided by the government of the country in which the center will be located; and
(B) the percentage of the total cost of establishing and operating the center the funds described in subparagraph (A) will cover.
SEC. 3115. RECOGNITION AND STATUS OF NATIONAL ATOMIC TESTING MUSEUM.
- Section 3137 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (42 U.S.C. 7142) is amended--
- (1) in the section heading, by inserting ‘and national atomic testing museum’ after ‘atomic museum’; and
(2) by adding at the end the following new subsection:
‘(d) Recognition and Status of National Atomic Testing Museum- The museum operated by the Nevada Test Site Historical Foundation and located in Las Vegas, Nevada--
‘(1) is recognized as the official atomic testing museum of the United Sates;
‘(2) shall be known as the ‘National Atomic Testing Museum’; and
‘(3) shall have the sole right throughout the United States and its possessions to have and use the name ‘National Atomic Testing Museum’.’.
Subtitle C--Reports
SEC. 3121. REPORT ON FEASIBILITY OF FEDERALIZING THE SECURITY PROTECTIVE FORCES CONTRACT GUARD WORKFORCE AT CERTAIN DEPARTMENT OF ENERGY FACILITIES.
- (a) In General- Not later than one year after the date of the
enactment of this Act, the Secretary of Energy and the Administrator for
Nuclear Security shall jointly submit to the congressional defense
committees--
- (1) a report on the feasibility of federalizing
some or all of the security protective forces contract guard workforce
at the facilities specified in subsection (d); and
(2) the comments of the Comptroller General of the United States on that report required under subsection (b).
(c) Elements- The report required by subsection (a)(1) shall include the following:
- (1)
An evaluation of the feasibility of converting the security protective
forces contract workforce at the facilities specified in subsection (d)
into a force made up, in whole or in part, of full-time Federal
employees.
(2) An estimate of the immediate and projected costs of any such conversion.
(3) An estimate of the immediate and projected costs of maintaining guards under contract status and of maintaining guards as full-time Federal employee.
(4) An assessment of the effects of any such conversion on security, including an analysis of the effects of using a Federal security guard, a Federal police officer, or a Federal protective service officer instead of a contract guard.
(5) An estimate of the hourly and annual costs of--
- (A) contract guards, including benefits and overtime; and
(B) any comparably trained and equipped Federal force with comparable physical and other requirements.
(7) The views of the Secretary and the Administrator on the feasibility of--
- (A)
converting the security protective forces contract workforce at the
facilities specified in subsection (d) into a force made up, in whole or
in part, of full-time Federal employees;
(B) maintaining the security protective forces contract workforce in its current form; and
(C) instituting some or all of the changes recommended in the Implementation Plan for the 29 Recommendations of the Protective Force Career Options Study Group prepared pursuant to the Report of the Committee on Appropriations of the House of Representatives (House Report No. 111-230) accompanying the Department of Defense Appropriations Act, 2010 (Public Law 111-118; 123 Stat. 3409).
- (1) The Albuquerque National Nuclear Security Administration Service Center, Albuquerque, New Mexico.
(2) The Argonne National Laboratory and the Argonne Site Office, Argonne, Illinois, and the Chicago Service Center, Chicago, Illinois.
(3) The Brookhaven National Laboratory and Brookhaven Site Office, Upton, New York.
(4) The Idaho National Laboratory and the Idaho Site Office, Idaho Falls, Idaho.
(5) The Kansas City Plant and the Kansas City Site Office, Kansas City, Missouri.
(6) The Lawrence Livermore National Laboratory and the Livermore Site Office, Livermore, California.
(7) The Los Alamos National Laboratory and the Los Alamos Site Office, Los Alamos, New Mexico.
(8) The National Energy Technology Laboratory.
(9) The Nevada Site Office and the Nevada National Security Site, Nevada.
(10) The Oak Ridge National Laboratory, the Oak Ridge Office of the Department of Energy, and the East Tennessee Technology Park of the Department of Energy, Oak Ridge, Tennessee.
(11) The Office of Secure Transportation of the Department of Energy and associated field locations.
(12) The Pantex Plant and Pantex Site Office, Amarillo, Texas.
(13) The Pittsburgh Naval Reactors Office, the Bettis Atomic Power Laboratory, the Idaho Naval Reactors Facility, and the Knolls Atomic Power Laboratory.
(14) The Portsmouth Gaseous Diffusion Plant, Piketon, Ohio, and the Paducah Gaseous Diffusion Plant, Paducah, Kentucky.
(15) The Richland Operations Office and the Hanford Site, Richland, Washington.
(16) The Sandia National Laboratories and the Sandia Site Office, Albuquerque, New Mexico.
(17) The Savannah River Plant and the Savannah River Site Office of the Office of Environmental Management of the Department of Energy, Aiken, South Carolina.
(18) The Savannah River National Laboratory, Aiken, South Carolina.
(19) The National Savannah River Site Office and the Tritium Extraction Facility and Mixed Oxide Fuel Fabrication Facility of the National Nuclear Security Administration, Aiken, South Carolina.
(20) The Strategic Petroleum Reserve Project Office and the Strategic Petroleum Reserve Sites.
(21) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.
(22) The Y-12 Site Office and the Y-12 National Security Complex of the National Nuclear Security Administration, Oak Ridge, Tennessee.
SEC. 3122. COMPTROLLER GENERAL STUDY ON OVERSIGHT OF DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITIES.
- (a) In General- The Comptroller General of the United States
shall conduct a study of the value of and the need for external
regulation or external oversight of the safety of nuclear operations and
the design and construction of nuclear facilities at the Department of
Energy defense nuclear facilities to protect the public health and
safety.
(b) Elements- The study required by subsection (a) shall include the following:
- (1)
An assessment of the value of and the need for external regulation or
external oversight, or a combination of both, of the safety of nuclear
operations and the design and construction of nuclear facilities at the
Department of Energy defense nuclear facilities.
(2) An assessment of the ability of existing regulatory authorities to regulate safety at the Department of Energy defense nuclear facilities.
(3) An assessment of the ability of the Defense Nuclear Facilities Safety Board to regulate safety at the Department of Energy defense nuclear facilities.
(4) An assessment of the current functions of the Board and whether those functions should be modified or amended, including whether the Department of Energy should pay an oversight fee to the Board.
(5) An assessment of the relative advantages and disadvantages to the Department of Energy and the public of--
- (A) continuing the oversight functions of the Board; or
(B) replacing the oversight functions of the Board with external regulation of some or all of the Department of Energy defense nuclear facilities.
(7)(A) A list of each existing Department of Energy defense nuclear facility or activity relating to such a facility that the Comptroller General recommends should--
- (i) remain within the oversight jurisdiction of the Board for a period of time or indefinitely; or
(ii) be transferred to the jurisdiction of an outside regulatory authority; and
(8) For any existing Department of Energy defense nuclear facilities that the Comptroller General recommends should be transferred to the jurisdiction of an outside regulatory authority--
- (A) the date by which that transfer should occur and the period of time necessary for the transfer; and
(B) whether the regulatory authority should be an existing or new regulatory authority.
- (A) should come under the oversight
jurisdiction of the Board or be transferred to the jurisdiction of an
outside regulatory authority; and
(B) if the Comptroller General recommends that the facility be transferred to the jurisdiction of any outside regulatory authority, whether the regulatory authority should be an existing or new regulatory authority.
(11) An assessment of the comparative costs associated with external oversight or external regulation of safety at Department of Energy defense nuclear facilities.
(12) Any other recommendations of the Comptroller General with respect to external regulation or oversight of safety at the Department of Energy.
(d) Final Report- Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees, the Secretary of Energy, the Defense Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission the final report of the Comptroller General that contains the findings and recommendations of the Comptroller General resulting from the study conducted under subsection (a).
(e) Comments on Report- Not later than 180 days after receiving the final report from the Comptroller General under subsection (d), the Secretary of Energy, the Defense Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission shall submit to the congressional defense committees the comments of the Secretary, the Board, or the Commission (as the case may be) on the report.
(f) Department of Energy Defense Nuclear Facility Defined- In this section, the term ‘Department of Energy defense nuclear facility’ has the meaning given that term in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
SEC. 3123. PLAN TO COMPLETE THE GLOBAL INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM IN THE RUSSIAN FEDERATION.
- At or about the same time that the budget of the President for
fiscal year 2013 is submitted to Congress under section 1105(a) of title
31, United States Code, the Administrator for Nuclear Security shall
submit to Congress a plan to complete the Global Initiatives for
Proliferation Prevention program in the Russian Federation by the end of
calendar year 2013.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
- There are authorized to be appropriated for fiscal year 2012,
$33,317,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq).
SEC. 3202. AUTHORITY OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD TO REVIEW THE FACILITY DESIGN AND CONSTRUCTION OF CONSTRUCTION PROJECT 10-D-904 OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
- Notwithstanding section 318(1)(A) of the Atomic Energy Act of
1954 (42 U.S.C. 2286g(1)(A)), the Defense Nuclear Facilities Safety
Board shall exercise the authority of the Board under section 312(a)(4)
of that Act (42 U.S.C. 2286a(a)(4)) to review the design of, and review
and monitor construction with respect to, Construction Project 10-D-904
of the National Nuclear Security Administration.
TITLE XXXIII--MARITIME ADMINISTRATION
SEC. 3301. MARITIME ADMINISTRATION.
- Section 109 of title 49, United States Code, is amended to read as follows:
‘Sec. 109. Maritime Administration
‘(a) Organization- The Maritime Administration is an administration in the Department of Transportation.
‘(b) Maritime Administrator- The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.
‘(c) Deputy Maritime Administrator- The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.
‘(d) Duties and Powers Vested in Secretary- All duties and powers of the Maritime Administration are vested in the Secretary.
‘(e) Regional Offices- The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.
‘(f) Interagency and Industry Relations- The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.
‘(g) Detailing Officers From Armed Forces- To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer’s pay and allowances as an officer in the armed forces, makes the officer’s total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.
‘(h) Contracts, Cooperative Agreements, and Audits-
‘(1) CONTRACTS AND COOPERATIVE AGREEMENTS- In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to--
‘(i) Grant Administrative Expenses- Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.
‘(A) carry out the Secretary’s duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and
‘(2) AUDITS- The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.
‘(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.
‘(j) Authorization of Appropriations-
‘(1) IN GENERAL- Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.
‘(2) LIMITATIONS- Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for--
‘(A) acquisition, construction, or reconstruction of vessels;
‘(3) TRAINING VESSELS- Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies.’.
‘(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;
‘(C) costs of national defense features;
‘(D) payments of obligations incurred for operating-differential subsidies;
‘(E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;
‘(F) the Vessel Operations Revolving Fund;
‘(G) National Defense Reserve Fleet expenses;
‘(H) expenses necessary to carry out part B of subtitle V of title 46; and
‘(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
- (a) In General- Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions- Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, and other applicable provisions of law.
(c) Relationship To Transfer and Programming Authority- An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
(d) Oral and Written Communications- No oral or written communication concerning any amount specified in the funding tables in this division shall supercede the requirements of this section.
------------------------------
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TITLE XLI--PROCUREMENT
------------------------------
-------------------------------
-------------------------------
SEC. 4101. PROCUREMENT.
-------------------------------
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SEC. 4101. PROCUREMENT (In Thousands of Dollars)
Line Item FY 2012 Request Senate Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
1 UTILITY F/W AIRCRAFT 14,572 14,572
2 C-12 CARGO AIRPLANE 0 0
3 AERIAL COMMON SENSOR (ACS) (MIP) 539,574 0
Terminate EMARRS [-539,574]
4 MQ-1 UAV 658,798 0
Transfer to OCO [-658,798]
5 RQ-11 (RAVEN) 70,762 58,862
Army offered program reduction [-11,900]
6 BCT UNMANNED AERIAL VEH (UAVS) INCR 1 0 0
7 HELICOPTER, LIGHT UTILITY (LUH) 250,415 250,415
8 AH-64 BLOCK II/WRA 0 0
9 AH-64 APACHE BLOCK IIIA REMAN 572,155 395,155
Army offered program reduction [-177,000]
9 AH-64 APACHE BLOCK IIIA REMAN -161,150 -161,150
10 AH-64 APACHE BLOCK IIIA REMAN 192,764 192,764
11 AH-64 APACHE BLOCK IIIB NEW BUILD 104,263 104,263
12 UH-60 BLACKHAWK M MODEL (MYP) 1,426,198 1,418,198
Unjustified program management growth [-8,000]
12 UH-60 BLACKHAWK M MODEL (MYP) -100,532 -100,532
13 UH-60 BLACKHAWK M MODEL (MYP) 199,781 199,781
14 CH-47 HELICOPTER 1,363,116 1,297,116
Army requested transfer to APA Line 15 for correct execution [-66,000]
14 CH-47 HELICOPTER -57,756 -57,756
15 CH-47 HELICOPTER 54,956 120,956
Army requested transfer from APA Line 14 for correct execution [66,000]
16 HELICOPTER NEW TRAINING 0 0
17 KIOWA WARRIOR UPGRADE (OH-58 D)/WRA 0 0
18 C12 AIRCRAFT MODS 0 0
19 MQ-1 PAYLOAD--UAS 136,183 0
Administration recommendation [-29,000]
Transfer to OCO [-107,183]
20 MQ-1 WEAPONIZATION--UAS 0 0
21 GUARDRAIL MODS (MIP) 27,575 27,575
22 MULTI SENSOR ABN RECON (MIP) 8,362 8,362
23 AH-64 MODS 331,230 331,230
23 AH-64 MODS 0 0
24 CH-47 CARGO HELICOPTER MODS (MYP) 79,712 57,012
Cargo and ballistic protection contract delays [-22,700]
24 CH-47 CARGO HELICOPTER MODS (MYP) 0 0
25 UTILITY/CARGO AIRPLANE MODS 22,107 12,107
Contract delays [-10,000]
26 AIRCRAFT LONG RANGE MODS 0 0
27 UTILITY HELICOPTER MODS 80,745 74,745
Contract delays [-6,000]
28 KIOWA WARRIOR 162,052 162,052
29 AIRBORNE AVIONICS 0 0
30 NETWORK AND MISSION PLAN 138,832 136,432
Aviation Data Exploitation Capability ahead of need [-2,400]
31 COMMS, NAV SURVEILLANCE 132,855 117,855
JTRS Integreation ahead of need [-15,000]
32 GATM ROLLUP 105,519 105,519
33 RQ-7 UAV MODS 126,239 76,239
Administration recommendation [-50,000]
34 SPARE PARTS (AIR) 0 0
35 AIRCRAFT SURVIVABILITY EQUIPMENT 35,993 35,993
36 SURVIVABILITY CM 0 0
37 CMWS 162,811 104,251
Production and installation contract delays [-58,560]
38 AVIONICS SUPPORT EQUIPMENT 4,840 4,840
39 COMMON GROUND EQUIPMENT 176,212 95,417
Army offered program reduction [-19,100]
Aviation Light Utility Mobile Maintenance (ALUMMC) no longer required [-3,287]
Aviation Sets, Kits, Outfits, Tools contract delay [-58,408]
40 AIRCREW INTEGRATED SYSTEMS 82,883 62,746
Air Soldier System early to need [-20,137]
41 AIR TRAFFIC CONTROL 114,844 102,444
Army offered program reduction [-12,400]
42 INDUSTRIAL FACILITIES 1,593 1,593
43 LAUNCHER, 2.75 ROCKET 2,878 2,878
44 AIRBORNE COMMUNICATIONS 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------------------
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-------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
-------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line Item FY 2012 Request Senate Authorized
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
2 C-12 CARGO AIRPLANE 10,500 0
No justified requirement [-10,500]
04 MQ-1 UAV 0 658,798
Transfer from Base [658,798]
05 RQ-11 (RAVEN) 0 0
8 AH-64 BLOCK II/WRA 35,500 0
Program reduction [-35,500]
12 UH-60 BLACKHAWK M MODEL (MYP) 72,000 54,500
Combat Loss funded in FY11 [-17,500]
17 KIOWA WARRIOR UPGRADE (OH-58 D)/WRA 145,500 145,500
19 MQ-1 PAYLOAD--UAS 10,800 117,983
Transfer from Base [107,183]
22 MULTI SENSOR ABN RECON (MIP) 54,500 54,500
33 RQ-7 UAV MODS 94,600 94,600
34 RQ-7 UAV MODS -79,000
VADER ISR payload not compatible with host platform [-79,000]
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TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
-----------------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
xlSEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION(In Thousands of Dollars)
Line ProgramElement Item FY 2012 Request Senate Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
BASIC RESEARCH, ARMY
1 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH 21,064 21,064
2 0601102A DEFENSE RESEARCH SCIENCES 213,942 213,942
3 0601103A UNIVERSITY RESEARCH INITIATIVES 80,977 80,977
4 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 120,937 120,937
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---------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION FOR OVERSEAS CONTINGENCY
OPERATIONS.
---------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
xlSEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line ProgramElement Item FY 2012 Request Senate Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
RDT&E MANAGEMENT SUPPORT, ARMY
140 0605601A ARMY TEST RANGES AND FACILITIES 8,513 8,513
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TITLE XLIII--OPERATION AND MAINTENANCE
-----------------------------------------------------
---------------------------------------------
---------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE.
---------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
xlSEC. 4301. OPERATION AND MAINTENANCE(In Thousands of Dollars)
Line Item FY 2012 Request Senate Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
BA 01: OPERATING FORCES
010 MANEUVER UNITS 1,399,804 1,249,071
Transfer to OCO: MRAP Vehicle Sustainment. [-2,539]
Transfer to OCO: Theater Demand Reduction. [-148,194]
020 MODULAR SUPPORT BRIGADES 104,629 102,347
Transfer to OCO: Theater Demand Reduction. [-2,282]
030 ECHELONS ABOVE BRIGADE 815,920 815,920
040 THEATER LEVEL ASSETS 825,587 796,595
Transfer to OCO: Theater Demand Reduction. [-18,692]
Transfer to OCO: UAS--Gray Eagle Satellite Service. [-10,300]
050 LAND FORCES OPERATIONS SUPPORT 1,245,231 1,199,827
Transfer to OCO: MRAP Vehicle Sustainment at Combat Training Centers. [-6,420]
Transfer to OCO: National Training Center Tier Two Level Maintenance Contract. [-24,000]
Transfer to OCO: Theater Demand Reduction. [-14,984]
060 AVIATION ASSETS 1,199,340 1,137,835
Transfer to OCO: Theater Demand Reduction. [-61,505]
070 FORCE READINESS OPERATIONS SUPPORT 2,939,455 2,847,795
FOB Baseline Not Taken into Account in Requested Program Growth. [-20,000]
Transfer to OCO: Body Armor Sustainment. [-71,660]
080 LAND FORCES SYSTEMS READINESS 451,228 431,228
Deny Requested Growth for Civilian and Contractor Positions. [-20,000]
090 LAND FORCES DEPOT MAINTENANCE 1,179,675 1,179,675
100 BASE OPERATIONS SUPPORT 7,637,052 7,329,552
Budget Justification Does Not Match Summary of Price and Program Changes for Utilities. [-37,500]
Removal of FY11 Costs Budgeted for Detainee Operations (Full FY12 Requirement Funded in OCO). [-70,000]
Transfer to OCO: Overseas Security Guards. [-200,000]
110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION 2,495,667 2,495,667
120 MANAGEMENT AND OPERATIONAL HQ 397,952 397,952
130 COMBATANT COMMANDERS CORE OPERATIONS 171,179 171,179
140 ADDITIONAL ACTIVITIES 0 0
150 COMMANDERS EMERGENCY RESPONSE PROGRAM 0 0
160 RESET 0 0
170 COMBATANT COMMANDERS ANCILLARY MISSIONS 459,585 459,585
TOTAL, BA 01: OPERATING FORCES 21,322,304 20,614,228
BA 02: MOBILIZATION
180 STRATEGIC MOBILITY 390,394 390,394
190 ARMY PREPOSITIONING STOCKS 169,535 169,535
200 INDUSTRIAL PREPAREDNESS 6,675 6,675
TOTAL, BA 02: MOBILIZATION 566,604 566,604
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---------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.
---------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
xlSEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line Item FY 2012 Request Senate Authorized
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
BA 01: OPERATING FORCES
040 THEATER LEVEL ASSETS 3,424,314 3,453,306
Transfer from Base: Theater Demand Reduction. [18,692]
Transfer from Base: UAS--Gray Eagle Satellite Service. [10,300]
050 LAND FORCES OPERATIONS SUPPORT 1,534,886 1,580,290
Transfer from Base: MRAP Vehicle Sustainment at Combat Training Centers. [6,420]
Transfer from Base: National Training Center Tier Two Level Maintenance Contract. [24,000]
Transfer from Base: Theater Demand Reduction. [14,984]
060 AVIATION ASSETS 87,166 148,671
Transfer from Base: Theater Demand Reduction. [61,505]
070 FORCE READINESS OPERATIONS SUPPORT 2,675,821 2,747,481
Transfer from Base: Body Armor Sustainment. [71,660]
080 LAND FORCES SYSTEMS READINESS 579,000 579,000
090 LAND FORCES DEPOT MAINTENANCE 1,000,000 1,000,000
100 BASE OPERATIONS SUPPORT 951,371 1,151,371
Transfer from Base: Overseas Security Guards. [200,000]
110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION 250,000 250,000
140 ADDITIONAL ACTIVITIES 22,998,441 23,099,456
Transfer from Base, SAG 111: MRAP Vehicle Sustainment. [2,539]
Transfer from Base, SAG 111: Theater Demand Reduction. [148,194]
Transfer from Base, SAG 112: Theater Demand Reduction. [2,282]
Sychronization Pre-Deployment and Operational Tracker (SPOT) Fully funded in FY12 OMDW Base Request. [-12,000]
ARGUS A-160 Deployment Delays. [-40,000]
150 COMMANDERS EMERGENCY RESPONSE PROGRAM 425,000 400,000
Termination of CERP in Iraq [-25,000]
160 RESET 3,955,429 3,955,429
UNDISTRIBUTED 0 3,000,000
Transfer from Base: Readiness and Depot Maintenance (BA-1 Undistributed). [3,000,000]
TOTAL, BA 01: OPERATING FORCES 37,881,428 41,365,004
BA 04: ADMIN & SRVWIDE ACTIVITIES
340 SECURITY PROGRAMS 2,476,766 2,476,766
350 SERVICEWIDE TRANSPORTATION 3,507,186 3,507,186
360 CENTRAL SUPPLY ACTIVITIES 50,740 50,740
380 AMMUNITION MANAGEMENT 84,427 84,427
400 SERVICEWIDE COMMUNICATIONS 66,275 66,275
420 OTHER PERSONNEL SUPPORT 143,391 143,391
430 OTHER SERVICE SUPPORT 92,067 92,067
TOTAL, BA 04: ADMIN & SRVWIDE ACTIVITIES 6,420,852 6,420,852
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TITLE XLIV--OTHER AUTHORIZATIONS
-----------------------------------------------
----------------------------------------
----------------------------------------
SEC. 4401. OTHER AUTHORIZATIONS.
----------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
xlSEC. 4401. OTHER AUTHORIZATIONS (In Thousands of Dollars)
Line Item FY 2012 Request Senate Authorized
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
010 PREPOSITIONED WAR RESERVE STOCKS 101,194 91,594
Reduction in funding for DoD business systems [-9,600]
020 PREPOSITIONED WAR RESERVE STOCKS 0 0
TOTAL, WORKING CAPITAL FUND, ARMY 101,194 91,594
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--------------------------------------------
--------------------------------------------
SEC. 4402. OTHER AUTHORIZATIONS FOR
OVERSEAS CONTINGENCY OPERATIONS.
--------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
xlSEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line Item FY 2012 Request Senate Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
020 PREPOSITIONED WAR RESERVE STOCKS 54,000 54,000
TOTAL, WORKING CAPITAL FUND, ARMY 54,000 54,000
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TITLE XLV--MILITARY CONSTRUCTION
-----------------------------------------------
-----------------------------------------
-----------------------------------------
SEC. 4501. MILITARY CONSTRUCTION.
-----------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4501. MILITARY CONSTRUCTION(In Thousands of Dollars)
Account State or Country and Installation Project Title Budget Request Senate Agreement
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Military Construction, Army
Alaska
Army Fort Wainwright Aviation Complex, Ph 3a 114,000 57,000
Army Jb Elmendorf-Richardson Physical Fitness Facility 26,000 26,000
Army Jb Elmendorf-Richardson Brigade Complex, Ph 2 74,000 74,000
Army Jb Elmendorf-Richardson Organizational Parking 3,600 3,600
Alabama
Army Fort Rucker Combat Readiness Center 11,600 11,600
California
Army Fort Irwin Qualification Training Range 15,500 15,500
Army Fort Irwin Infantry Squad Battle Course 7,500 7,500
Army Presidio Monterey General Instruction Building 3,000 3,000
Colorado
Army Fort Carson Brigade Headquarters 14,400 14,400
Army Fort Carson Barracks 67,000 67,000
Army Fort Carson Barracks 46,000 46,000
Army Fort Carson Control Tower 14,200 14,200
Army Fort Carson Aircraft Maintenance Hangar 63,000 63,000
Army Fort Carson Aircraft Loading Area 34,000 34,000
Georgia
Army Fort Benning Rail Loading Facility 13,600 13,600
Army Fort Benning Trainee Barracks Complex, Ph 3 23,000 23,000
Army Fort Gordon Hand Grenade Familiarization Range 1,450 1,450
Army Fort Stewart Dog Kennel 2,600 2,600
Army Fort Benning Land Acquisition 5,100 5,100
Army Fort Benning Land Acquisition 25,000 25,000
Hawaii
Army Fort Shafter Child Development Center 17,500 17,500
Army Schofield Barracks Centralized Wash Facility 32,000 32,000
Army Schofield Barracks Combat Aviation Brigade Complex, Ph 1 73,000 73,000
Kansas
Army Fort Riley Physical Fitness Facility 13,000 13,000
Army Fort Riley Chapel 10,400 10,400
Army Fort Riley Unmanned Aerial Vehicle Maintenance Hangar 60,000 60,000
Army Forbes Air Field Deployment Support Facility 5,300 5,300
Kentucky
Army Fort Campbell Vehicle Maintenance Facility 16,000 16,000
Army Fort Campbell Vehicle Maintenance Facility 40,000 40,000
Army Fort Campbell Physical Fitness Facility 18,500 18,500
Army Fort Campbell Unmanned Aerial Vehicle Maintenance Hangar 67,000 67,000
Army Fort Campbell Scout/Recce Gunnery Range 18,000 18,000
Army Fort Campbell Barracks Complex 65,000 65,000
Army Fort Campbell Barracks 23,000 23,000
Army Fort Knox Automated Infantry Platoon Battle Course 7,000 7,000
Army Fort Knox Battalion Complex 48,000 48,000
Louisiana
Army Fort Polk Fire Station 9,200 9,200
Army Fort Polk Military Working Dog Facility 2,600 2,600
Army Fort Polk Brigade Complex 23,000 23,000
Army Fort Polk Multipurpose Machine Gun Range 8,300 8,300
Army Fort Polk Land Acquisition 27,000 27,000
Maryland
Army Aberdeen Proving Ground Auto Technology Evaluation Fac, Ph 3 15,500 15,500
Army Aberdeen Proving Ground Command and Control Facility 63,000 63,000
Army Fort Meade Applied Instruction Facility 43,000 43,000
Army Fort Meade Brigade Complex 36,000 36,000
Missouri
Army Fort Leonard Wood Vehicle Maintenance Facility 49,000 49,000
North Carolina
Army Fort Bragg Nco Academy 42,000 42,000
Army Fort Bragg Access Roads, Ph 2 18,000 18,000
Army Fort Bragg Unmanned Aerial Vehicle Maintenance Hangar 54,000 54,000
Army Fort Bragg Brigade Complex Facilities 49,000 49,000
Army Fort Bragg Battle Command Training Center 23,000 23,000
New York
Army Fort Drum Ammunition Supply Point 5,700 5,700
Army Fort Drum Chapel 7,600 7,600
Oklahoma
Army Fort Sill Physical Fitness Facility 25,000 25,000
Army Fort Sill Chapel 13,200 13,200
Army Fort Sill Reception Station, Ph 1 36,000 36,000
Army Fort Sill Rail Deployment Facility 3,400 3,400
Army Fort Sill Vehicle Maintenance Facility 51,000 51,000
Army Fort Sill Battle Command Training Center 23,000 23,000
Army Fort Sill Thaad Instruction Facility 33,000 33,000
Army Mcalester Railroad Tracks 6,300 6,300
Army Mcalester Ammunition Loading Pads 1,700 1,700
South Carolina
Army Fort Jackson Trainee Barracks Complex, Ph 2 59,000 59,000
Army Fort Jackson Modified Record Fire Range 4,900 4,900
Texas
Army Fort Bliss Vehicle Maintenance Facility 24,000 0
Army Fort Bliss Electronics Maintenance Facility 14,600 14,600
Army Fort Bliss Infrastructure 14,600 0
Army Fort Bliss Vehicle Maintenance Facility 14,600 14,600
Army Fort Bliss Barracks Complex 13,000 13,000
Army Fort Bliss Vehicle Maintenance Facility 19,000 19,000
Army Fort Bliss Jlens Tactical Training Facility 39,000 39,000
Army Fort Bliss Water Well, Potable 2,400 2,400
Army Fort Bliss Applied Instruction Building 8,300 8,300
Army Fort Hood Operational Readiness Training Complex 51,000 51,000
Army Fort Hood Unmanned Aerial Vehicle Maintenance Hangar 47,000 47,000
Army Fort Hood Vehicle Maintenance Facility 15,500 15,500
Army Fort Hood Vehicle Maintenance Facility 18,500 18,500
Army Red River Army Depot Maneuver Systems Sustainment Ctr, Ph 3 44,000 44,000
Army Jb San Antonio Vehicle Maintenance Facility 10,400 10,400
Utah
Army Dugway Proving Ground Life Sciences Test Facility Addition 32,000 32,000
Virginia
Army Fort Belvoir Information Dominance Center, Ph 1 52,000 52,000
Army Fort Belvoir Road and Infrastucture Improvements 31,000 0
Army Jb Langley Eustis Aviation Training Facility 26,000 26,000
Washington
Army Jb Lewis Mcchord Brigade Complex, Ph 2 56,000 56,000
Army Jb Lewis Mcchord Operational Readiness Training Cplx, Ph 1 28,000 28,000
Army Jb Lewis Mcchord Air Support Operations Facilities 7,300 7,300
Army Jb Lewis Mcchord Battalion Complex 59,000 59,000
Army Jb Lewis Mcchord Infrastructure, Ph 1 64,000 64,000
Army Jb Lewis Mcchord Aviation Unit Complex, Ph 1a 34,000 34,000
Army Jb Lewis Mcchord Aviation Complex, Ph 1b 48,000 48,000
Afghanistan
Army Bagram Air Base Entry Control Point 20,000 20,000
Army Bagram Air Base Construct Drainage System, Ph 3 31,000 31,000
Army Bagram Air Base Barracks, Ph 5 29,000 29,000
Germany
Army Germersheim Infrastructure 16,500 0
Army Germersheim Central Distribution Facility 21,000 0
Army Grafenwoehr Chapel 15,500 0
Army Grafenwoehr Convoy Live Fire Range 5,000 5,000
Army Grafenwoehr Barracks 17,500 17,500
Army Landstuhl Satellite Communications Center 24,000 24,000
Army Landstuhl Satellite Communications Center 39,000 39,000
Army Stuttgart Access Control Point 12,200 12,200
Army Vilseck Barracks 20,000 20,000
Army Oberdachstetten Automated Record Fire Range 12,200 12,200
Honduras
Army Honduras Various Barracks 25,000 0
Korea
Army Camp Carroll Barracks 41,000 41,000
Army Camp Henry Barracks Complex 48,000 48,000
Worldwide Unspecified
Army Unspecified Minor Construction 20,000 20,000
Army Unspecified Host Nation Support 25,500 25,500
Army Unspecified Planning & Design 229,741 169,741
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TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
--------------------------------------------------------------------------
-------------------------------------------------------------------
-------------------------------------------------------------------
SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
-------------------------------------------------------------------
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xlSEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS(In Thousands of Dollars)
Program FY 2012 Request Senate Authorized
---------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related Agencies
Appropriation Summary:
Energy Programs
Electricity delivery and energy reliability 6,187 0
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DIVISION E--SBIR AND STTR REAUTHORIZATION
SEC. 5001. SHORT TITLE.
- This division may be cited as the ‘SBIR/STTR Reauthorization Act of 2011’.
SEC. 5002. DEFINITIONS.
- In this division--
- (1) the terms ‘Administration’ and
‘Administrator’ mean the Small Business Administration and the
Administrator thereof, respectively;
(2) the terms ‘extramural budget’, ‘Federal agency’, ‘Small Business Innovation Research Program’, ‘SBIR’, ‘Small Business Technology Transfer Program’, and ‘STTR’ have the meanings given such terms in section 9 of the Small Business Act (15 U.S.C. 638); and
(3) the term ‘small business concern’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
SEC. 5003. REPEAL.
- Subtitle E of title VIII of this Act is amended by striking section 885.
TITLE LI--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS
SEC. 5101. EXTENSION OF TERMINATION DATES.
- (a) SBIR- Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended by striking ‘2011’ and inserting ‘2019, except as
provided in subsection (cc)’.
(b) STTR- Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended by striking ‘2011’ and inserting ‘2019’.
(c) Technical and Conforming Amendment- The Continuing Appropriations Act, 2012 (Public Law 112-36), as amended by division D of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55), is amended by striking section 123.
SEC. 5102. STATUS OF THE OFFICE OF TECHNOLOGY.
- Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended--
- (1) in paragraph (7), by striking ‘and’ at the end;
(2) in paragraph (8), by striking the period at the end and inserting ‘; and’;
(3) by redesignating paragraph (8) as paragraph (9); and
(4) by adding at the end the following:
‘(10) to maintain an Office of Technology to carry out the responsibilities of the Administration under this section, which shall be--
‘(A) headed by the Assistant Administrator for Technology, who shall report directly to the Administrator; and
‘(B) independent from the Office of Government Contracting of the Administration and sufficiently staffed and funded to comply with the oversight, reporting, and public database responsibilities assigned to the Office of Technology by the Administrator.’.
SEC. 5103. SBIR ALLOCATION INCREASE.
- 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 ‘Each’ and inserting ‘Except as provided in paragraph (2)(B), each’;
(B) in subparagraph (B), by striking ‘and’ at the end; and
(C) by striking subparagraph (C) and inserting the following:
‘(C) not less than 2.5 percent of such budget in fiscal year 2013;
‘(D) not less than 2.6 percent of such budget in fiscal year 2014;
‘(E) not less than 2.7 percent of such budget in fiscal year 2015;
‘(F) not less than 2.8 percent of such budget in fiscal year 2016;
‘(G) not less than 2.9 percent of such budget in fiscal year 2017;
‘(H) not less than 3.0 percent of such budget in fiscal year 2018;
‘(I) not less than 3.1 percent of such budget in fiscal year 2019;
‘(J) not less than 3.2 percent of such budget in fiscal year 2020;
‘(K) not less than 3.3 percent of such budget in fiscal year 2021;
‘(L) not less than 3.4 percent of such budget in fiscal year 2022; and
‘(M) not less than 3.5 percent of such budget in fiscal year 2023 and each fiscal year thereafter,’;
- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
(B) by striking ‘A Federal agency’ and inserting the following:
‘(A) IN GENERAL- A Federal agency’; and(C) by adding at the end the following:
‘(B) DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY- For the Department of Defense and the Department of Energy, to the greatest extent practicable, the percentage of the extramural budget in excess of 2.5 percent required to be expended with small business concerns under subparagraphs (D) through (M) of paragraph (1)--
‘(i) may not be used for new Phase I or Phase II awards; and
‘(ii) shall be used for activities that further the readiness levels of technologies developed under Phase II awards, including conducting testing and evaluation to promote the transition of such technologies into commercial or defense products, or systems furthering the mission needs of the Department of Defense or the Department of Energy, as the case may be.’; and
‘(4) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to prohibit a Federal agency from expending with small business concerns an amount of the extramural budget for research or research and development of the Federal agency that exceeds the amount required under paragraph (1).’.
SEC. 5104. STTR ALLOCATION INCREASE.
- Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 638(n)(1)(B)) is amended--
- (1) in clause (i), by striking ‘and’ at the end;
(2) in clause (ii), by striking ‘thereafter.’ and inserting ‘through fiscal year 2012;’;
(3) by adding at the end the following:
(4) by adding at the end the following:
‘(iii) 0.4 percent for fiscal years 2013 and 2014;
‘(iv) 0.5 percent for fiscal years 2015 and 2016; and
‘(v) 0.6 percent for fiscal year 2017 and each fiscal year thereafter.’; and
‘(4) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to prohibit a Federal agency from expending with small business concerns an amount of the extramural budget for research or research and development of the Federal agency that exceeds the amount required under paragraph (1).’.
SEC. 5105. SBIR AND STTR AWARD LEVELS.
- (a) SBIR Adjustments- Section 9(j)(2)(D) of the Small Business Act (15 U.S.C. 638(j)(2)(D)) is amended--
- (1) by striking ‘$100,000’ and inserting ‘$150,000’; and
(2) by striking ‘$750,000’ and inserting ‘$1,000,000’.
- (1) by striking ‘$100,000’ and inserting ‘$150,000’; and
(2) by striking ‘$750,000’ and inserting ‘$1,000,000’.
- (1)
in subsection (j)(2)(D), by striking ‘once every 5 years to reflect
economic adjustments and programmatic considerations’ and inserting
‘every year for inflation’; and
(2) in subsection (p)(2)(B)(ix), as amended by subsection (b) of this section, by inserting ‘(each of which the Administrator shall adjust for inflation annually)’ after ‘$1,000,000,’.
‘(aa) Limitation on Size of Awards-
‘(1) LIMITATION- No Federal agency may issue an award under the SBIR program or the STTR program if the size of the award exceeds the award guidelines established under this section by more than 50 percent.
‘(2) MAINTENANCE OF INFORMATION- Participating agencies shall maintain information on awards exceeding the guidelines established under this section, including--
‘(A) the amount of each award;
‘(3) REPORTS- The Administrator shall include the information described in paragraph (2) in the annual report of the Administrator to Congress.
‘(B) a justification for exceeding the award amount;
‘(C) the identity and location of each award recipient; and
‘(D) whether an award recipient has received any venture capital investment and, if so, whether the recipient is majority-owned by multiple venture capital operating companies.
‘(4) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to prevent a Federal agency from supplementing an award under the SBIR program or the STTR program using funds of the Federal agency that are not part of the SBIR program or the STTR program of the Federal agency.’.
SEC. 5106. AGENCY AND PROGRAM FLEXIBILITY.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(bb) Subsequent Phase II Awards-
‘(1) AGENCY FLEXIBILITY- A small business concern that received an award from a Federal agency under this section shall be eligible to receive a subsequent Phase II award from another Federal agency, if the head of each relevant Federal agency or the relevant component of the Federal agency makes a written determination that the topics of the relevant awards are the same and both agencies report the awards to the Administrator for inclusion in the public database under subsection (k).
‘(2) SBIR AND STTR PROGRAM FLEXIBILITY- A small business concern that received an award under this section under the SBIR program or the STTR program may receive a subsequent Phase II award in either the SBIR program or the STTR program and the participating agency or agencies shall report the awards to the Administrator for inclusion in the public database under subsection (k).
‘(3) PREVENTING DUPLICATIVE AWARDS- Before making an award under paragraph (1) or (2), the head of a Federal agency shall verify that the project to be performed with the award has not been funded under the SBIR program or STTR program of another Federal agency.’.
SEC. 5107. ELIMINATION OF PHASE II INVITATIONS.
- (a) In General- Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended--
- (1)
in paragraph (4)(B), by striking ‘to further’ and inserting: ‘which
shall not include any invitation, pre-screening, pre-selection, or
down-selection process for eligibility for the second phase, that will
further’; and
(2) in paragraph (6)(B), by striking ‘to further develop proposed ideas to’ and inserting ‘which shall not include any invitation, pre-screening, pre-selection, or down-selection process for eligibility for the second phase, that will further develop proposals that’.
SEC. 5108. PARTICIPATION BY FIRMS WITH SUBSTANTIAL INVESTMENT FROM MULTIPLE VENTURE CAPITAL OPERATING COMPANIES IN A PORTION OF THE SBIR PROGRAM.
- (a) In General- Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this Act, is amended by adding at the end the
following:
‘(cc) Participation of Small Business Concerns Majority-Owned by Venture Capital Operating Companies in the SBIR Program-(b) Technical and Conforming Amendment- Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:
‘(1) AUTHORITY- Upon a written determination described in paragraph (2) provided to the Administrator and to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives not later than 30 days before the date on which an award is made--
‘(A) the Director of the National Institutes of Health, the Secretary of Energy, and the Director of the National Science Foundation may award not more than 25 percent of the funds allocated for the SBIR program of the Federal agency to small business concerns that are owned in majority part by multiple venture capital operating companies through competitive, merit-based procedures that are open to all eligible small business concerns; and
‘(2) DETERMINATION- A written determination described in this paragraph is a written determination by the head of a Federal agency that explains how the use of the authority under paragraph (1) will--
‘(B) the head of a Federal agency other than a Federal agency described in subparagraph (A) that participates in the SBIR program may award not more than 15 percent of the funds allocated for the SBIR program of the Federal agency to small business concerns that are owned in majority part by multiple venture capital operating companies through competitive, merit-based procedures that are open to all eligible small business concerns.
‘(A) induce additional venture capital funding of small business innovations;
‘(3) REGISTRATION- A small business concern that is majority-owned by multiple venture capital operating companies and qualified for participation in the program authorized under paragraph (1) shall--
‘(B) substantially contribute to the mission of the Federal agency;
‘(C) demonstrate a need for public research; and
‘(D) otherwise fulfill the capital needs of small business concerns for additional financing for the SBIR project.
‘(A) register with the Administrator on the date that the small business concern submits an application for an award under the SBIR program; and
‘(4) COMPLIANCE-
‘(B) indicate in any SBIR proposal that the small business concern is registered under subparagraph (A) as majority-owned by multiple venture capital operating companies.
‘(A) IN GENERAL- The head of a Federal agency that makes an award under this subsection during a fiscal year shall collect and submit to the Administrator data relating to the number and dollar amount of Phase I awards, Phase II awards, and any other category of awards by the Federal agency under the SBIR program during that fiscal year.
‘(5) ENFORCEMENT- If a Federal agency awards more than the percent of the funds allocated for the SBIR program of the Federal agency authorized under paragraph (1) for a purpose described in paragraph (1), the head of the Federal agency shall transfer an amount equal to the amount awarded in excess of the amount authorized under paragraph (1) to the funds for general SBIR programs from the non-SBIR and non-STTR research and development funds of the Federal agency not later than 180 days after the date on which the Federal agency made the award that caused the total awarded under paragraph (1) to be more than the amount authorized under paragraph (1) for a purpose described in paragraph (1).
‘(B) ANNUAL REPORTING- The Administrator shall include as part of each annual report by the Administration under subsection (b)(7) any data submitted under subparagraph (A) and a discussion of the compliance of each Federal agency that makes an award under this subsection during the fiscal year with the maximum percentages under paragraph (1).
‘(6) FINAL DECISIONS ON APPLICATIONS UNDER THE SBIR PROGRAM-
‘(A) DEFINITION- In this paragraph, the term ‘covered small business concern’ means a small business concern that--
‘(7) EVALUATION CRITERIA- A Federal agency may not use investment of venture capital as a criterion for the award of contracts under the SBIR program or STTR program.
‘(i) was not majority-owned by multiple venture capital operating companies on the date on which the small business concern submitted an application in response to a solicitation under the SBIR programs; and
‘(B) IN GENERAL- If a Federal agency does not make an award under a solicitation under the SBIR program before the date that is 9 months after the date on which the period for submitting applications under the solicitation ends--
‘(ii) on the date of the award under the SBIR program is majority-owned by multiple venture capital operating companies.
‘(i) a covered small business concern is eligible to receive the award, without regard to whether the covered small business concern meets the requirements for receiving an award under the SBIR program for a small business concern that is majority-owned by multiple venture capital operating companies, if the covered small business concern meets all other requirements for such an award; and
‘(ii) the head of the Federal agency shall transfer an amount equal to any amount awarded to a covered small business concern under the solicitation to the funds for general SBIR programs from the non-SBIR and non-STTR research and development funds of the Federal agency, not later than 90 days after the date on which the Federal agency makes the award.
‘(8) TERMINATION- The authority under this subsection shall terminate on September 30, 2016.’.
‘(aa) Venture Capital Operating Company- In this Act, the term ‘venture capital operating company’ means an entity described in clause (i), (v), or (vi) of section 121.103(b)(5) of title 13, Code of Federal Regulations (or any successor thereto).’.(c) Rulemaking To Ensure That Firms That Are Majority-Owned by Multiple Venture Capital Operating Companies Are Able To Participate in a Portion of the SBIR Program-
- (1) STATEMENT OF CONGRESSIONAL INTENT-
It is the stated intent of Congress that the Administrator should
promulgate regulations to carry out the authority under section 9(cc) of
the Small Business Act, as added by this section, that--
- (A)
permit small business concerns that are majority-owned by multiple
venture capital operating companies to participate in the SBIR program
in accordance with section 9(cc) of the Small Business Act;
(B) provide specific guidance for small business concerns that are majority-owned by multiple venture capital operating companies with regard to eligibility, participation, and affiliation rules; and
(C) preserve and maintain the integrity of the SBIR program as a program for small business concerns in the United States, prohibiting large businesses or large entities or foreign-owned businesses or entities from participation in the program established under section 9 of the Small Business Act.
- (A)
PROPOSED REGULATIONS- Not later than 4 months after the date of
enactment of this Act, the Administrator shall issue proposed
regulations to amend section 121.103 (relating to determinations of
affiliation applicable to the SBIR program) and section 121.702
(relating to ownership and control standards and size standards
applicable to the SBIR program) of title 13, Code of Federal
Regulations, for firms that are majority-owned by multiple venture
capital operating companies and participating in the SBIR program solely
under the authority under section 9(cc) of the Small Business Act, as
added by this section.
(B) FINAL REGULATIONS- Not later than 1 year after the date of enactment of this Act, and after providing notice of and opportunity for comment on the proposed regulations issued under subparagraph (A), the Administrator shall issue final or interim final regulations under this subsection.
- (A)
IN GENERAL- The regulations issued under this subsection shall permit
the participation of applicants majority-owned by multiple venture
capital operating companies in the SBIR program in accordance with
section 9(cc) of the Small Business Act, as added by this section,
unless the Administrator determines--
- (i) in accordance with the size standards established under subparagraph (B), that the applicant is--
- (I) a large business or large entity; or
(II) majority-owned or controlled by a large business or large entity; or
- (I)
is a foreign business or a foreign entity or is not a citizen of the
United States or alien lawfully admitted for permanent residence; or
(II) is majority-owned or controlled by a foreign business, foreign entity, or person who is not a citizen of the United States or alien lawfully admitted for permanent residence.
(C) CRITERIA FOR DETERMINING FOREIGN OWNERSHIP- The Administrator shall establish criteria for determining whether an applicant meets the requirements under subparagraph (A)(ii), and, in establishing the criteria, shall consider whether the criteria should include--
- (i)
whether the applicant is at least 51 percent owned or controlled by
citizens of the United States or domestic venture capital operating
companies;
(ii) whether the applicant is domiciled in the United States; and
(iii) whether the applicant is a direct or indirect subsidiary of a foreign-owned firm, including whether the criteria should include that an applicant is a direct or indirect subsidiary of a foreign-owned entity if--
- (I) any venture capital operating company that
owns more than 20 percent of the applicant is a direct or indirect
subsidiary of a foreign-owned entity; or
(II) in the aggregate, entities that are direct or indirect subsidiaries of foreign-owned entities own more than 49 percent of the applicant.
- (i) if
a venture capital operating company that is determined to be affiliated
with an applicant is a minority investor in the applicant, the
portfolio companies of the venture capital operating company shall not
be determined to be affiliated with the applicant, unless--
- (I) the venture capital operating company owns a majority of the portfolio company; or
(II) the venture capital operating company holds a majority of the seats on the board of directors of the portfolio company;
(iii) the Administrator may not determine that a portfolio company of a venture capital operating company is affiliated with an applicant based solely on one or more shared investors; and
(iv) subject to clauses (i), (ii), and (iii), the Administrator retains the authority to determine whether a portfolio company of a venture capital operating company is affiliated with an applicant based on factors independent of whether there is a shared investor, such as whether there are contractual obligations between the portfolio company and the applicant.
(5) DEFINITION- In this subsection, the term ‘venture capital operating company’ has the same meaning as in section 3(aa) of the Small Business Act, as added by this section.
- (1)
CLEAR EXPLANATION REQUIRED- Not later than 30 days after the date of
enactment of this Act, the Administrator shall post on the Web site of
the Administration (with a direct link displayed on the homepage of the
Web site of the Administration or the SBIR and STTR Web sites of the
Administration)--
- (A) a clear explanation of the SBIR and STTR affiliation rules under part 121 of title 13, Code of Federal Regulations; and
(B) contact information for officers or employees of the Administration who--
- (i) upon request, shall review an issue relating to the rules described in subparagraph (A); and
(ii) shall respond to a request under clause (i) not later than 20 business days after the date on which the request is received.
SEC. 5109. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE.
- Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is amended by adding at the end the following:
‘(4) PHASE III AWARDS- 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. 5110. COLLABORATING WITH FEDERAL LABORATORIES AND RESEARCH AND DEVELOPMENT CENTERS.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(dd) Collaborating With Federal Laboratories and Research and Development Centers-
‘(1) AUTHORIZATION- Subject to the limitations under this section, the head of each participating Federal agency may make SBIR and STTR awards to any eligible small business concern that--
‘(A) intends to enter into an agreement with a Federal laboratory or federally funded research and development center for portions of the activities to be performed under that award; or
‘(2) PROHIBITION- No Federal agency shall--
‘(B) has entered into a cooperative research and development agreement (as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))) with a Federal laboratory.
‘(A) condition an SBIR or STTR award upon entering into agreement with any Federal laboratory or any federally funded laboratory or research and development center for any portion of the activities to be performed under that award;
‘(3) IMPLEMENTATION- Not later than 180 days after the date of enactment of this subsection, the Administrator shall modify the SBIR Policy Directive and the STTR Policy Directive issued under this section to ensure that small business concerns--
‘(B) approve an agreement between a small business concern receiving a SBIR or STTR award and a Federal laboratory or federally funded laboratory or research and development center, if the small business concern performs a lesser portion of the activities to be performed under that award than required by this section and by the SBIR Policy Directive and the STTR Policy Directive of the Administrator; or
‘(C) approve an agreement that violates any provision, including any data rights protections provision, of this section or the SBIR and the STTR Policy Directives.
‘(A) have the flexibility to use the resources of the Federal laboratories and federally funded research and development centers; and
‘(B) are not mandated to enter into agreement with any Federal laboratory or any federally funded laboratory or research and development center as a condition of an award.’.
SEC. 5111. NOTICE REQUIREMENT.
- (a) SBIR Program- Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) is amended--
- (1) in paragraph (10), by striking ‘and’ at the end;
(2) in paragraph (11), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘(12) provide timely notice to the Administrator of any case or controversy before any Federal judicial or administrative tribunal concerning the SBIR program of the Federal agency; and’.
- (1) by striking paragraph (15);
(2) in paragraph (16), by striking the period at the end and inserting ‘; and’;
(3) by redesignating paragraph (16) as paragraph (15); and
(4) by adding at the end the following:
‘(16) provide timely notice to the Administrator of any case or controversy before any Federal judicial or administrative tribunal concerning the STTR program of the Federal agency.’.
SEC. 5112. EXPRESS AUTHORITY FOR AN AGENCY TO AWARD SEQUENTIAL PHASE II AWARDS FOR SBIR OR STTR FUNDED PROJECTS.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(ee) Additional Phase II SBIR and STTR Awards- A small business concern that receives a Phase II SBIR award or a Phase II STTR award for a project remains eligible to receive an additional Phase II SBIR award or Phase II STTR award for that project.’.
TITLE LII--OUTREACH AND COMMERCIALIZATION INITIATIVES
SEC. 5201. RURAL AND STATE OUTREACH.
- (a) In General- Section 9 of the Small Business Act (15 U.S.C. 638) is amended by inserting after subsection (r) the following:
‘(s) Federal and State Technology Partnership Program-
‘(1) DEFINITIONS- In this subsection, the following definitions apply:
‘(A) APPLICANT- The term ‘applicant’ means an entity, organization, or individual that submits a proposal for an award or a cooperative agreement under this subsection.
‘(2) ESTABLISHMENT OF PROGRAM- The Administrator shall establish a program to be known as the Federal and State Technology Partnership Program, the purpose of which shall be to strengthen the technological competitiveness of small business concerns in the States.
‘(B) FAST PROGRAM- The term ‘FAST program’ means the Federal and State Technology Partnership Program established under this subsection.
‘(C) RECIPIENT- The term ‘recipient’ means a person that receives an award or becomes party to a cooperative agreement under this subsection.
‘(D) STATE- The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
‘(E) DEFINITIONS RELATING TO MENTORING NETWORKS- The terms ‘business advice and counseling’, ‘mentor’, and ‘mentoring network’ have the meanings given those terms in section 34(e).
‘(3) GRANTS AND COOPERATIVE AGREEMENTS-
‘(A) JOINT REVIEW- In carrying out the FAST program, the Administrator and the program managers for the SBIR program and STTR program at the National Science Foundation, the Department of Defense, and any other Federal agency determined appropriate by the Administrator shall jointly review proposals submitted by applicants and may make awards or enter into cooperative agreements under this subsection based on the factors for consideration set forth in subparagraph (B), in order to enhance or develop in a State--
‘(i) technology research and development by small business concerns;
‘(B) SELECTION CONSIDERATIONS- In making awards or entering into cooperative agreements under this subsection, the Administrator and the program managers referred to in subparagraph (A)--
‘(ii) technology transfer from university research to technology-based small business concerns;
‘(iii) technology deployment and diffusion benefitting small business concerns;
‘(iv) the technological capabilities of small business concerns through the establishment or operation of consortia comprised of entities, organizations, or individuals, including--
‘(I) State and local development agencies and entities;
‘(v) outreach, financial support, and technical assistance to technology-based small business concerns participating in or interested in participating in an SBIR program or STTR program, including initiatives--
‘(II) representatives of technology-based small business concerns;
‘(III) industries and emerging companies;
‘(IV) universities; and
‘(V) small business development centers; and
‘(I) to make grants or loans to companies to pay a portion or all of the cost of developing SBIR or STTR proposals;
‘(II) to establish or operate a Mentoring Network within the FAST program to provide business advice and counseling that will assist small business concerns that have been identified by FAST program participants, program managers of participating SBIR agencies, the Administration, or other entities that are knowledgeable about the SBIR and STTR programs as good candidates for the SBIR and STTR programs, and that would benefit from mentoring, in accordance with section 34;
‘(III) to create or participate in a training program for individuals providing SBIR or STTR outreach and assistance at the State and local levels; and
‘(IV) to encourage the commercialization of technology developed through funding under the SBIR program or the STTR program.
‘(i) may only consider proposals by applicants that intend to use a portion of the Federal assistance provided under this subsection to provide outreach, financial support, or technical assistance to technology-based small business concerns participating in or interested in participating in the SBIR program or STTR program; and
‘(ii) shall consider, at a minimum--
‘(I) whether the applicant has demonstrated that the assistance to be provided would address unmet needs of small business concerns in the community, and whether it is important to use Federal funding for the proposed activities;
‘(II) whether the applicant has demonstrated that a need exists to increase the number or success of small high-technology businesses in the State or an area of the State, as measured by the number of Phase I and Phase II SBIR awards that have historically been received by small business concerns in the State or area of the State;
‘(III) whether the projected costs of the proposed activities are reasonable;
‘(IV) whether the proposal integrates and coordinates the proposed activities with other State and local programs assisting small high-technology firms in the State;
‘(V) the manner in which the applicant will measure the results of the activities to be conducted; and
‘(VI) whether the proposal addresses the needs of small business concerns--
‘(aa) owned and controlled by women;
‘(bb) that are socially and economically disadvantaged small business concerns (as defined in section 8(a)(4)(A));
‘(cc) that are HUBZone small business concerns;
‘(dd) located in areas that have historically not participated in the SBIR and STTR programs;
‘(ee) owned and controlled by service-disabled veterans;
‘(ff) owned and controlled by Native Americans; and
‘(gg) located in geographic areas with an unemployment rate that exceeds the national unemployment rate, based on the most recently available monthly publications of the Bureau of Labor Statistics of the Department of Labor.
(b) Technical and Conforming Amendments- The Small Business Act (15 U.S.C. 631 et seq.) is amended--
‘(C) PROPOSAL LIMIT- Not more than 1 proposal may be submitted for inclusion in the FAST program under this subsection to provide services in any one State in any 1 fiscal year.
‘(4) COOPERATION AND COORDINATION- In carrying out the FAST program, the Administrator shall cooperate and coordinate with--
‘(D) PROCESS- Proposals and applications for assistance under this subsection shall be in such form and subject to such procedures as the Administrator shall establish. The Administrator shall promulgate regulations establishing standards for the consideration of proposals under subparagraph (B), including standards regarding each of the considerations identified in subparagraph (B)(ii).
‘(A) Federal agencies required by this section to have an SBIR program; and
‘(5) ADMINISTRATIVE REQUIREMENTS-
‘(B) entities, organizations, and individuals actively engaged in enhancing or developing the technological capabilities of small business concerns, including--
‘(i) State and local development agencies and entities;
‘(ii) State committees established under 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));
‘(iii) State science and technology councils; and
‘(iv) representatives of technology-based small business concerns.
‘(A) COMPETITIVE BASIS- Awards and cooperative agreements under this subsection shall be made or entered into, as applicable, on a competitive basis.
‘(6) ANNUAL REPORTS- The Administrator shall submit an annual report to the Committee on Small Business of the Senate and the Committee on Science and the Committee on Small Business of the House of Representatives regarding--
‘(B) MATCHING REQUIREMENTS-
‘(i) IN GENERAL- The non-Federal share of the cost of an activity (other than a planning activity) carried out using an award or under a cooperative agreement under this subsection shall be--
‘(C) DURATION- Awards may be made or cooperative agreements entered into under this subsection for multiple years, not to exceed 5 years in total.
‘(I) except as provided in clause (iii), 35 cents for each Federal dollar, in the case of a recipient that will serve small business concerns located in 1 of the 18 States receiving the fewest Phase I SBIR awards;
‘(ii) LOW-INCOME AREAS- The non-Federal share of the cost of the activity carried out using an award or under a cooperative agreement under this subsection shall be 35 cents for each Federal dollar that will be directly allocated by a recipient described in clause (i) to serve small business concerns located in a qualified census tract, as that term is defined in section 42(d)(5)(B)(ii)(I) of the Internal Revenue Code of 1986. Federal dollars not so allocated by that recipient shall be subject to the matching requirements of clause (i).
‘(II) except as provided in clause (ii) or (iii), 1 dollar for each Federal dollar, in the case of a recipient that will serve small business concerns located in 1 of the 16 States receiving the greatest number of Phase I SBIR awards; and
‘(III) except as provided in clause (ii) or (iii), 50 cents for each Federal dollar, in the case of a recipient that will serve small business concerns located in a State that is not described in subclause (I) or (II) that is receiving Phase I SBIR awards.
‘(iii) RURAL AREAS-
‘(I) IN GENERAL- Except as provided in subclause (II), the non-Federal share of the cost of the activity carried out using an award or under a cooperative agreement under this subsection shall be 35 cents for each Federal dollar that will be directly allocated by a recipient described in clause (i) to serve small business concerns located in a rural area.
‘(iv) TYPES OF FUNDING- The non-Federal share of the cost of an activity carried out by a recipient shall be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions, except that no such costs or contributions may be derived from funds from any other Federal program.
‘(II) ENHANCED RURAL AWARDS- For a recipient located in a rural area that is located in a State described in clause (i)(I), the non-Federal share of the cost of the activity carried out using an award or under a cooperative agreement under this subsection shall be 15 cents for each Federal dollar that will be directly allocated by a recipient described in clause (i) to serve small business concerns located in the rural area.
‘(III) DEFINITION OF RURAL AREA- In this clause, the term ‘rural area’ has the meaning given that term in section 1393(a)(2) of the Internal Revenue Code of 1986.
‘(v) RANKINGS- For the first full fiscal year after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, and each fiscal year thereafter, based on the statistics for the most recent full fiscal year for which the Administrator has compiled statistics, the Administrator shall reevaluate the ranking of each State for purposes of clause (i).
‘(A) the number and amount of awards provided and cooperative agreements entered into under the FAST program during the preceding year;
‘(7) PROGRAM LEVELS-
‘(B) a list of recipients under this subsection, including their location and the activities being performed with the awards made or under the cooperative agreements entered into; and
‘(C) the Mentoring Networks and the mentoring database, as provided for under section 34, including--
‘(i) the status of the inclusion of mentoring information in the database required by subsection (k); and
‘(ii) the status of the implementation and description of the usage of the Mentoring Networks.
‘(A) IN GENERAL- There is authorized to be appropriated to carry out the FAST program, including Mentoring Networks, under this subsection and section 34, $15,000,000 for each of fiscal years 2011 through 2016.
‘(8) TERMINATION- The authority to carry out the FAST program under this subsection shall terminate on September 30, 2016.’.
‘(B) MENTORING DATABASE- Of the total amount made available under subparagraph (A) for fiscal years 2011 through 2016, a reasonable amount, not to exceed a total of $500,000, may be used by the Administration to carry out section 34(d).
(1) by striking section 34 (15 U.S.C. 657d);
‘(e) Definitions- In this section, the following definitions apply:
(2) by redesignating sections 35 through 43 as sections 34 through 42, respectively;
(3) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), by striking ‘section 35(d)’ and inserting ‘section 34(d)’;
(4) in section 34 (15 U.S.C. 657e), as so redesignated--
(A) in subsection (c)(1), by striking ‘section 34(c)(1)(E)(ii)’ and inserting ‘section 9(s)(3)(A)(v)(II)’;
(B) by striking ‘section 34’ each place it appears and inserting ‘section 9(s)’; and
(C) by adding at the end the following:
‘(1) BUSINESS ADVICE AND COUNSELING- The term ‘business advice and counseling’ means providing advice and assistance on matters described in subsection (c)(2)(B) to small business concerns to guide them through the SBIR and STTR program process, from application to award and successful completion of each phase of the program.
‘(2) FAST PROGRAM- The term ‘FAST program’ means the Federal and State Technology Partnership Program established under section 9(s).
‘(3) MENTOR- The term ‘mentor’ means an individual described in subsection (c)(2).
‘(4) MENTORING NETWORK- The term ‘Mentoring Network’ means an association, organization, coalition, or other entity (including an individual) that meets the requirements of subsection (c).
‘(5) RECIPIENT- The term ‘recipient’ means a person that receives an award or becomes party to a cooperative agreement under this section.
‘(6) SBIR PROGRAM- The term ‘SBIR program’ has the same meaning as in section 9(e)(4).
‘(7) STATE- The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
‘(8) STTR PROGRAM- The term ‘STTR program’ has the same meaning as in section 9(e)(6).’;
(5) in section 36(d) (15 U.S.C. 657i(d)), as so redesignated, by striking ‘section 43’ and inserting ‘section 42’;
(6) in section 39(d) (15 U.S.C. 657l(d)), as so redesignated, by striking ‘section 43’ and inserting ‘section 42’; and
(7) in section 40(b) (15 U.S.C. 657m(b)), as so redesignated, by striking ‘section 43’ and inserting ‘section 42’.
SEC. 5202. TECHNICAL ASSISTANCE FOR AWARDEES.
- Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is amended--
- (1) in paragraph (1)--
- (A) by inserting ‘or STTR program’ after ‘SBIR program’; and
(B) by striking ‘SBIR projects’ and inserting ‘SBIR or STTR projects’;
(3) in paragraph (3)--
- (A) in subparagraph (A)--
- (i) by inserting ‘or STTR’ after ‘SBIR’; and
(ii) by striking ‘$4,000’ and inserting ‘$5,000’;
‘(B) PHASE II- A Federal agency described in paragraph (1) may--(C) by adding at the end the following:
‘(i) provide to the recipient of a Phase II SBIR or STTR award, through a vendor selected under paragraph (2), the services described in paragraph (1), in an amount equal to not more than $5,000 per year; or
‘(ii) authorize the recipient of a Phase II SBIR or STTR award to purchase the services described in paragraph (1), in an amount equal to not more than $5,000 per year, which shall be in addition to the amount of the recipient’s award.’; and
‘(C) FLEXIBILITY- In carrying out subparagraphs (A) and (B), each Federal agency shall provide the allowable amounts to a recipient that meets the eligibility requirements under the applicable subparagraph, if the recipient requests to seek technical assistance from an individual or entity other than the vendor selected under paragraph (2) by the Federal agency.
‘(D) LIMITATION- A Federal agency may not--
‘(i) use the amounts authorized under subparagraph (A) or (B) unless the vendor selected under paragraph (2) provides the technical assistance to the recipient; or
‘(ii) enter a contract with a vendor under paragraph (2) under which the amount provided for technical assistance is based on total number of Phase I or Phase II awards.’.
SEC. 5203. COMMERCIALIZATION READINESS PROGRAM AT DEPARTMENT OF DEFENSE.
- (a) In General- Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended--
- (1) in the subsection heading, by striking ‘Pilot’ and inserting ‘Readiness’;
(2) by striking ‘Pilot’ each place that term appears and inserting ‘Readiness’;
(3) in paragraph (1)--
- (A) by inserting ‘or Small Business Technology Transfer Program’ after ‘Small Business Innovation Research Program’; and
(B) by adding at the end the following: ‘The authority to create and administer a Commercialization Readiness Program under this subsection may not be construed to eliminate or replace any other SBIR program or STTR program that enhances the insertion or transition of SBIR or STTR technologies, including any such program in effect on the date of enactment of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3136).’;
(5) by striking paragraphs (5) and (6); and
(6) by inserting after paragraph (4) the following:
‘(5) INSERTION INCENTIVES- For any contract with a value of not less than $100,000,000, the Secretary of Defense is authorized to--
‘(A) establish goals for the transition of Phase III technologies in subcontracting plans; and
‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY INSERTION- The Secretary of Defense shall--
‘(B) require a prime contractor on such a contract to report the number and dollar amount of contracts entered into by that prime contractor for Phase III SBIR or STTR projects.
‘(A) set a goal to increase the number of Phase II SBIR contracts and the number of Phase II STTR contracts awarded by that Secretary that lead to technology transition into programs of record or fielded systems;
‘(B) use incentives in effect on the date of enactment of the SBIR/STTR Reauthorization Act of 2011, or create new incentives, to encourage agency program managers and prime contractors to meet the goal under subparagraph (A); and
‘(C) include in the annual report to Congress the percentage of contracts described in subparagraph (A) awarded by that Secretary, and information on the ongoing status of projects funded through the Commercialization Readiness Program and efforts to transition these technologies into programs of record or fielded systems.’.
SEC. 5204. COMMERCIALIZATION READINESS PILOT PROGRAM FOR CIVILIAN AGENCIES.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(ff) Pilot Program-
‘(1) AUTHORIZATION- The head of each covered Federal agency may allocate not more than 10 percent of the funds allocated to the SBIR program and the STTR program of the covered Federal agency--
‘(A) for awards for technology development, testing, and evaluation of SBIR and STTR Phase II technologies; or
‘(2) APPLICATION BY FEDERAL AGENCY-
‘(B) to support the progress of research or research and development conducted under the SBIR or STTR programs to Phase III.
‘(A) IN GENERAL- A covered Federal agency may not establish a pilot program unless the covered Federal agency makes a written application to the Administrator, not later than 90 days before to the first day of the fiscal year in which the pilot program is to be established, that describes a compelling reason that additional investment in SBIR or STTR technologies is necessary, including unusually high regulatory, systems integration, or other costs relating to development or manufacturing of identifiable, highly promising small business technologies or a class of such technologies expected to substantially advance the mission of the agency.
‘(3) MAXIMUM AMOUNT OF AWARD- The head of a covered Federal agency may not make an award under a pilot program in excess of 3 times the dollar amounts generally established for Phase II awards under subsection (j)(2)(D) or (p)(2)(B)(ix).
‘(B) DETERMINATION- The Administrator shall--
‘(i) make a determination regarding an application submitted under subparagraph (A) not later than 30 days before the first day of the fiscal year for which the application is submitted;
‘(ii) publish the determination in the Federal Register; and
‘(iii) make a copy of the determination and any related materials available to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives.
‘(4) REGISTRATION- Any applicant that receives an award under a pilot program shall register with the Administrator in a registry that is available to the public.
‘(5) REPORT- The head of each covered Federal agency shall include in the annual report of the covered Federal agency to the Administrator an analysis of the various activities considered for inclusion in the pilot program of the covered Federal agency and a statement of the reasons why each activity considered was included or not included, as the case may be.
‘(6) TERMINATION- The authority to establish a pilot program under this section expires at the end of fiscal year 2014.
‘(7) DEFINITIONS- In this subsection--
‘(A) the term ‘covered Federal agency’--
‘(i) means a Federal agency participating in the SBIR program or the STTR program; and
‘(B) the term ‘pilot program’ means the program established under paragraph (1).’.
‘(ii) does not include the Department of Defense; and
SEC. 5205. ACCELERATING CURES.
- (a) In General- The Small Business Act (15 U.S.C. 631 et seq.) is
amended by inserting after section 42, as redesignated by section 5201
of this Act, the following:
‘SEC. 43. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.
‘(a) NIH Cures Pilot-
‘(1) ESTABLISHMENT- An independent advisory board shall be established at the National Academy of Sciences (in this section referred to as the ‘advisory board’) to conduct periodic evaluations of the SBIR program (as that term is defined in section 9) of each of the National Institutes of Health (referred to in this section as the ‘NIH’) institutes and centers for the purpose of improving the management of the SBIR program through data-driven assessment.
‘(b) Addressing Data Gaps- In order to enhance the evidence-base guiding SBIR program decisions and changes, the Director of the SBIR program of the NIH shall address the gaps and deficiencies in the data collection concerns identified in the 2007 report of the National Academy of Science entitled ‘An Assessment of the Small Business Innovation Research Program at the NIH’.
‘(2) MEMBERSHIP-
‘(A) IN GENERAL- The advisory board shall consist of--
‘(i) the Director of the NIH;
‘(B) NUMBER OF MEMBERS- The total number of members selected under clauses (iii), (iv), and (v) of subparagraph (A) shall not exceed 10.
‘(ii) the Director of the SBIR program of the NIH;
‘(iii) senior NIH agency managers, selected by the Director of NIH;
‘(iv) industry experts, selected by the Council of the National Academy of Sciences in consultation with the Associate Administrator for Technology of the Administration and the Director of the Office of Science and Technology Policy; and
‘(v) owners or operators of small business concerns that have received an award under the SBIR program of the NIH, selected by the Associate Administrator for Technology of the Administration.
‘(C) EQUAL REPRESENTATION- The total number of members of the advisory board selected under clauses (i), (ii), (iii), and (iv) of subparagraph (A) shall be equal to the number of members of the advisory board selected under subparagraph (A)(v).
‘(c) Pilot Program-
‘(1) IN GENERAL- The Director of the SBIR program of the NIH may initiate a pilot program, under a formal mechanism for designing, implementing, and evaluating pilot programs, to spur innovation and to test new strategies that may enhance the development of cures and therapies.
‘(d) Report to Congress- The Director of the NIH shall submit an annual report to Congress and the advisory board on the activities of the SBIR program of the NIH under this section.
‘(2) CONSIDERATIONS- The Director of the SBIR program of the NIH may consider conducting a pilot program to include individuals with successful SBIR program experience in study sections, hiring individuals with small business development experience for staff positions, separating the commercial and scientific review processes, and examining the impact of the trend toward larger awards on the overall program.
‘(e) SBIR Grants and Contracts-
‘(1) IN GENERAL- In awarding grants and contracts under the SBIR program of the NIH each SBIR program manager shall emphasize applications that identify products, processes, technologies, and services that may enhance the development of cures and therapies.
‘(f) Limit- Not more than a total of 1 percent of the extramural budget (as defined in section 9 of the Small Business Act (15 U.S.C. 638)) of the NIH for research or research and development may be used for the pilot program under subsection (c) and to carry out subsection (e).’.
‘(2) EXAMINATION OF COMMERCIALIZATION AND OTHER METRICS- The advisory board shall evaluate the implementation of the requirement under paragraph (1) by examining increased commercialization and other metrics, to be determined and collected by the SBIR program of the NIH.
‘(3) PHASE I AND II- To the greatest extent practicable, the Director of the SBIR program of the NIH shall reduce the time period between Phase I and Phase II funding of grants and contracts under the SBIR program of the NIH to 90 days.
(b) Prospective Repeal- Effective 5 years after the date of enactment of this Act, the Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by striking section 43, as added by subsection (a); and
(2) by redesignating sections 44 and 45 as sections 43 and 44, respectively.
SEC. 5206. FEDERAL AGENCY ENGAGEMENT WITH SBIR AND STTR AWARDEES THAT HAVE BEEN AWARDED MULTIPLE PHASE I AWARDS BUT HAVE NOT BEEN AWARDED PHASE II AWARDS.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(gg) Requirements Relating to Federal Agency Engagement With Certain Phase I SBIR and STTR Awardees-
‘(1) DEFINITION- In this subsection, the term ‘covered awardee’ means a small business concern that--
‘(A) has received multiple Phase I awards over multiple years, as determined by the head of a Federal agency, under the SBIR program or the STTR program of the Federal agency; and
‘(2) PERFORMANCE MEASURES- The head of each Federal agency that participates in the SBIR program or the STTR program shall develop performance measures for any covered awardee relating to commercializing research or research and development activities under the SBIR program or the STTR program of the Federal agency.’.
‘(B) has not received a Phase II award--
‘(i) under the SBIR program or STTR program, as the case may be, of the Federal agency described in subparagraph (A); or
‘(ii) relating to a Phase I award described in subparagraph (A) under the SBIR program or the STTR program of another Federal agency.
SEC. 5207. CLARIFYING THE DEFINITION OF ‘PHASE III’.
- (a) Phase III Awards- Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended--
- (1)
in paragraph (4)(C), in the matter preceding clause (i), by inserting
‘for work that derives from, extends, or completes efforts made under
prior funding agreements under the SBIR program’ after ‘phase’;
(2) in paragraph (6)(C), in the matter preceding clause (i), by inserting ‘for work that derives from, extends, or completes efforts made under prior funding agreements under the STTR program’ after ‘phase’;
(3) in paragraph (8), by striking ‘and’ at the end;
(4) in paragraph (9), by striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
‘(10) the term ‘commercialization’ means--
‘(A) the process of developing products, processes, technologies, or services; and
‘(B) the production and delivery of products, processes, technologies, or services for sale (whether by the originating party or by others) to or use by the Federal Government or commercial markets;’.
- (1) in section 9 (15 U.S.C. 638)--
- (A) in subsection (e)--
- (i) in paragraph (4)(C)(ii), by striking ‘scientific review criteria’ and inserting ‘merit-based selection procedures’;
(ii) in paragraph (9), by striking ‘the second or the third phase’ and inserting ‘Phase II or Phase III’; and
(iii) by adding at the end the following:
‘(11) the term ‘Phase I’ means--
‘(A) with respect to the SBIR program, the first phase described in paragraph (4)(A); and
‘(12) the term ‘Phase II’ means--
‘(B) with respect to the STTR program, the first phase described in paragraph (6)(A);
‘(A) with respect to the SBIR program, the second phase described in paragraph (4)(B); and
‘(13) the term ‘Phase III’ means--
‘(B) with respect to the STTR program, the second phase described in paragraph (6)(B); and
‘(A) with respect to the SBIR program, the third phase described in paragraph (4)(C); and
‘(B) with respect to the STTR program, the third phase described in paragraph (6)(C).’;
(B) in subsection (j)--
(i) in paragraph (1)(B), by striking ‘phase two’ and inserting ‘Phase II’;
(ii) in paragraph (2)--
(I) in subparagraph (B)--
(bb) by striking ‘the second phase’ and inserting ‘Phase II’;
- (II) in subparagraph (D)--
(bb) by striking ‘the second phase’ and inserting ‘Phase II’;
- (III) in subparagraph (F), by striking ‘the third phase’ and inserting ‘Phase III’;
(IV) in subparagraph (G)--
(bb) by striking ‘the second phase’ and inserting ‘Phase II’; and
- (V) in subparagraph (H)--
(bb) by striking ‘second phase’ each place it appears and inserting ‘Phase II’; and
(cc) by striking ‘third phase’ and inserting ‘Phase III’; and
- (iii) in paragraph (3)--
- (I) in subparagraph (A)--
(bb) by striking ‘the second phase (as described in subsection (e)(4)(B))’ and inserting ‘Phase II’; and
(cc) by striking ‘the third phase (as described in subsection (e)(4)(C))’ and inserting ‘Phase III’; and
- (II) in subparagraph (B), by striking ‘second phase’ and inserting ‘Phase II’;
- (i) by striking ‘first phase’ each place it appears and inserting ‘Phase I’; and
(ii) by striking ‘second phase’ each place it appears and inserting ‘Phase II’;
- (i) by striking ‘the first phase’ and inserting ‘Phase I’; and
(ii) by striking ‘the second phase’ and inserting ‘Phase II’;
- (i) in subparagraph (B), by striking ‘second phase’ and inserting ‘Phase II’; and
(ii) in subparagraph (C), by striking ‘third phase’ and inserting ‘Phase III’;
- (i) in paragraph (2)(B)--
- (I) in clause (vi)--
(bb) by striking ‘the third phase’ and inserting ‘Phase III’; and
- (II) in clause (ix)--
(bb) by striking ‘the second phase’ and inserting ‘Phase II’; and
- (ii) in paragraph (3)--
- (I) by striking ‘the first phase (as described in subsection (e)(6)(A))’ and inserting ‘Phase I’;
(II) by striking ‘the second phase (as described in subsection (e)(6)(B))’ and inserting ‘Phase II’; and
(III) by striking ‘the third phase (as described in subsection (e)(6)(A))’ and inserting ‘Phase III’;
- (i) in subparagraph (A)--
- (I) in the subparagraph heading, by striking ‘FIRST PHASE’ and inserting ‘PHASE I’; and
(II) by striking ‘first phase’ and inserting ‘Phase I’; and
- (I) in the subparagraph heading, by striking ‘SECOND PHASE’ and inserting ‘PHASE II’; and
(II) by striking ‘second phase’ and inserting ‘Phase II’;
- (i) in the subsection heading, by striking ‘Third Phase’ and inserting ‘Phase III’;
(ii) in paragraph (1)--
- (I) in the first sentence--
(bb) by striking ‘third phase’ and inserting ‘Phase III’; and
(cc) by striking ‘second phase period’ and inserting ‘Phase II period’; and
- (II) in the second sentence--
(bb) by striking ‘third phase’ and inserting ‘Phase III’; and
- (iii) in paragraph (2), by striking ‘third phase’ and inserting ‘Phase III’; and
SEC. 5208. SHORTENED PERIOD FOR FINAL DECISIONS ON PROPOSALS AND APPLICATIONS.
- (a) In General- Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
- (1) in subsection (g)(4)--
- (A) by inserting ‘(A)’ after ‘(4)’;
(B) by adding ‘and’ after the semicolon at the end; and
(C) by adding at the end the following:
‘(B) make a final decision on each proposal submitted under the SBIR program--(2) in subsection (o)(4)--
‘(i) not later than 90 days after the date on which the solicitation closes; or
‘(ii) if the Administrator authorizes an extension for a solicitation, not later than 180 days after the date on which the solicitation closes;’; and
- (A) by inserting ‘(A)’ after ‘(4)’;
(B) by adding ‘and’ after the semicolon at the end; and
(C) by adding at the end the following:
‘(B) make a final decision on each proposal submitted under the STTR program--
‘(i) not later than 90 days after the date on which the solicitation closes; or
‘(ii) if the Administrator authorizes an extension for a solicitation, not later than 180 days after the date on which the solicitation closes;’.
- (1)
IN GENERAL- Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the following:
‘(hh) NIH Peer Review Process- The Director of the National Institutes of Health may make an award under the SBIR program or the STTR program of the National Institutes of Health if the application for the award has undergone technical and scientific peer review under section 492 of the Public Health Service Act (42 U.S.C. 289a).’.
- (2)
TECHNICAL AND CONFORMING AMENDMENTS- Section 105 of the National
Institutes of Health Reform Act of 2006 (42 U.S.C. 284n) is amended--
- (A) in subsection (a)(3)--
- (i)
by striking ‘A grant’ and inserting ‘Except as provided in section
9(hh) of the Small Business Act (15 U.S.C. 638(hh)), a grant’; and
(ii) by striking ‘section 402(k)’ and all that follows through ‘Act)’ and inserting ‘section 402(l) of such Act’; and
- (i)
by striking ‘A grant’ and inserting ‘Except as provided in section
9(hh) of the Small Business Act (15 U.S.C. 638(hh)), a grant’; and
(ii) by striking ‘section 402(k)’ and all that follows through ‘Act)’ and inserting ‘section 402(l) of such Act’.
TITLE LIII--OVERSIGHT AND EVALUATION
SEC. 5301. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.
- Section 9(b) of the Small Business Act (15 U.S.C. 638(b)), as amended by section 5102 of this Act, is amended--
- (1) in paragraph (7)--
- (A) by striking ‘STTR programs, including the data’ and inserting the following: ‘STTR programs, including--
‘(A) the data’;(B) by striking ‘(g)(10), (o)(9), and (o)(15), the number’ and all that follows through ‘under each of the SBIR and STTR programs, and a description’ and inserting the following: ‘(g)(8) and (o)(9); and
‘(B) the number of proposals received from, and the number and total amount of awards to, HUBZone small business concerns and firms with venture capital investment (including those majority-owned by multiple venture capital operating companies) under each of the SBIR and STTR programs;
‘(C) a description of the extent to which each Federal agency is increasing outreach and awards to firms owned and controlled by women and social or economically disadvantaged individuals under each of the SBIR and STTR programs;
‘(D) general information about the implementation of, and compliance with the allocation of funds required under, subsection (cc) for firms owned in majority part by venture capital operating companies and participating in the SBIR program;
‘(E) a detailed description of appeals of Phase III awards and notices of noncompliance with the SBIR Policy Directive and the STTR Policy Directive filed by the Administrator with Federal agencies; and
‘(F) a description’; and
‘(8) to coordinate the implementation of electronic databases at each of the Federal agencies participating in the SBIR program or the STTR program, including the technical ability of the participating agencies to electronically share data;’.
SEC. 5302. DATA COLLECTION FROM AGENCIES FOR SBIR.
- Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) is amended--
- (1) by striking paragraph (10);
(2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and
(3) by inserting after paragraph (7) the following:
‘(8) collect annually, and maintain in a common format in accordance with the simplified reporting requirements under subsection (v), such information from awardees as is necessary to assess the SBIR program, including information necessary to maintain the database described in subsection (k), including--
‘(A) whether an awardee--
‘(i) has venture capital or is majority-owned by multiple venture capital operating companies, and, if so--
‘(B) a justification statement from the agency, if an awardee receives an award in an amount that is more than the award guidelines under this section;’.
‘(I) the amount of venture capital that the awardee has received as of the date of the award; and
‘(ii) has an investor that--
‘(II) the amount of additional capital that the awardee has invested in the SBIR technology;
‘(I) is an individual who is not a citizen of the United States or a lawful permanent resident of the United States, and if so, the name of any such individual; or
‘(iii) is owned by a woman or has a woman as a principal investigator;
‘(II) is a person that is not an individual and is not organized under the laws of a State or the United States, and if so the name of any such person;
‘(iv) is owned by a socially or economically disadvantaged individual or has a socially or economically disadvantaged individual as a principal investigator;
‘(v) received assistance under the FAST program under section 34, as in effect on the day before the date of enactment of the SBIR/STTR Reauthorization Act of 2011, or the outreach program under subsection (s);
‘(vi) is a faculty member or a student of an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or
‘(vii) is located in a State described in subsection (u)(3); and
SEC. 5303. DATA COLLECTION FROM AGENCIES FOR STTR.
- Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) is amended by striking paragraph (9) and inserting the following:
‘(9) collect annually, and maintain in a common format in accordance with the simplified reporting requirements under subsection (v), such information from applicants and awardees as is necessary to assess the STTR program outputs and outcomes, including information necessary to maintain the database described in subsection (k), including--
‘(A) whether an applicant or awardee--
‘(i) has venture capital or is majority-owned by multiple venture capital operating companies, and, if so--
‘(B) if an awardee receives an award in an amount that is more than the award guidelines under this section, a statement from the agency that justifies the award amount;’.
‘(I) the amount of venture capital that the applicant or awardee has received as of the date of the application or award, as applicable; and
‘(ii) has an investor that--
‘(II) the amount of additional capital that the applicant or awardee has invested in the SBIR technology;
‘(I) is an individual who is not a citizen of the United States or a lawful permanent resident of the United States, and if so, the name of any such individual; or
‘(iii) is owned by a woman or has a woman as a principal investigator;
‘(II) is a person that is not an individual and is not organized under the laws of a State or the United States, and if so the name of any such person;
‘(iv) is owned by a socially or economically disadvantaged individual or has a socially or economically disadvantaged individual as a principal investigator;
‘(v) received assistance under the FAST program under section 34 or the outreach program under subsection (s);
‘(vi) is a faculty member or a student of an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or
‘(vii) is located in a State in which the total value of contracts awarded to small business concerns under all STTR programs is less than the total value of contracts awarded to small business concerns in a majority of other States, as determined by the Administrator in biennial fiscal years, beginning with fiscal year 2008, based on the most recent statistics compiled by the Administrator; and
SEC. 5304. PUBLIC DATABASE.
- Section 9(k)(1) of the Small Business Act (15 U.S.C. 638(k)(1)) is amended--
- (1) in subparagraph (D), by striking ‘and’ at the end;
(2) in subparagraph (E), by striking the period at the end and inserting ‘; and’; and
(3) by adding at the end the following:
‘(F) for each small business concern that has received a Phase I or Phase II SBIR or STTR award from a Federal agency, whether the small business concern--
‘(i) has venture capital and, if so, whether the small business concern is registered as majority-owned by multiple venture capital operating companies as required under subsection (cc)(4);
‘(ii) is owned by a woman or has a woman as a principal investigator;
‘(iii) is owned by a socially or economically disadvantaged individual or has a socially or economically disadvantaged individual as a principal investigator;
‘(iv) received assistance under the FAST program under section 34, as in effect on the day before the date of enactment of the SBIR/STTR Reauthorization Act of 2011, or the outreach program under subsection (s); or
‘(v) is owned by a faculty member or a student of an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).’.
SEC. 5305. GOVERNMENT DATABASE.
- Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is amended--
- (1) in paragraph (2)--
- (A)
in the matter preceding subparagraph (A), by striking ‘Not later’ and
all that follows through ‘Act of 2000’ and inserting ‘Not later than 90
days after the date of enactment of the SBIR/STTR Reauthorization Act of
2011’;
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
(D) by inserting before subparagraph (B), as so redesignated, the following:
‘(A) contains, for each small business concern that applies for, submits a proposal for, or receives an award under Phase I or Phase II of the SBIR program or the STTR program--(E) by redesignating subparagraphs (D), and (E) as subparagraphs (E) and (F), respectively;
‘(i) the name, size, and location, and an identifying number assigned by the Administration of the small business concern;
‘(ii) an abstract of the project;
‘(iii) the specific aims of the project;
‘(iv) the number of employees of the small business concern;
‘(v) the names of key individuals that will carry out the project;
‘(vi) the percentage of effort each individual described in clause (iv) will contribute to the project;
‘(vii) whether the small business concern is majority-owned by multiple venture capital operating companies; and
‘(viii) the Federal agency to which the application is made, and contact information for the person or office within the Federal agency that is responsible for reviewing applications and making awards under the SBIR program or the STTR program;’;
(F) by inserting after subparagraph (C), as so redesignated, the following:
‘(D) includes, for each awardee--(G) in subparagraph (E), as so redesignated, by striking ‘and’ at the end;
‘(i) the name, size, location, and any identifying number assigned to the awardee by the Administrator;
‘(ii) whether the awardee has venture capital, and, if so--
‘(I) the amount of venture capital as of the date of the award;
‘(iii) the names and locations of any affiliates of the awardee;
‘(II) the percentage of ownership of the awardee held by a venture capital operating company, including whether the awardee is majority-owned by multiple venture capital operating companies; and
‘(III) the amount of additional capital that the awardee has invested in the SBIR technology, which information shall be collected on an annual basis;
‘(iv) the number of employees of the awardee;
‘(v) the number of employees of the affiliates of the awardee; and
‘(vi) the names of, and the percentage of ownership of the awardee held by--
‘(I) any individual who is not a citizen of the United States or a lawful permanent resident of the United States; or
‘(II) any person that is not an individual and is not organized under the laws of a State or the United States;’;
(H) in subparagraph (F), as so redesignated, by striking the period at the end and inserting ‘; and’; and
(I) by adding at the end the following:
‘(G) includes a timely and accurate list of any individual or small business concern that has participated in the SBIR program or STTR program that has committed fraud, waste, or abuse relating to the SBIR program or STTR program.’; and
‘(C) GOVERNMENT DATABASE- Not later than 60 days after the date established by a Federal agency for submitting applications or proposals for a Phase I or Phase II award under the SBIR program or STTR program, the head of the Federal agency shall submit to the Administrator the data required under paragraph (2) with respect to each small business concern that applies or submits a proposal for the Phase I or Phase II award.’.
SEC. 5306. ACCURACY IN FUNDING BASE CALCULATIONS.
- (a) In General- Not later than 1 year after the date of enactment
of this Act, and every year thereafter until the date that is 5 years
after the date of enactment of this Act, the Comptroller General of the
United States shall--
- (1) conduct a fiscal and management audit of the SBIR program and the STTR program for the applicable period to--
- (A)
determine whether Federal agencies comply with the expenditure amount
requirements under subsections (f)(1) and (n)(1) of section 9 of the
Small Business Act (15 U.S.C. 638), as amended by this Act;
(B) assess the extent of compliance with the requirements of section 9(i)(2) of the Small Business Act (15 U.S.C. 638(i)(2)) by Federal agencies participating in the SBIR program or the STTR program and the Administration;
(C) assess whether it would be more consistent and effective to base the amount of the allocations under the SBIR program and the STTR program on a percentage of the research and development budget of a Federal agency, rather than the extramural budget of the Federal agency; and
(D) determine the portion of the extramural research or research and development budget of a Federal agency that each Federal agency spends for administrative purposes relating to the SBIR program or STTR program, and for what specific purposes, including the portion, if any, of such budget the Federal agency spends for salaries and expenses, travel to visit applicants, outreach events, marketing, and technical assistance; and
- (1)
for the first report submitted under this section, the period beginning
on October 1, 2005, and ending on September 30 of the last full fiscal
year before the date of enactment of this Act for which information is
available; and
(2) for the second and each subsequent report submitted under this section, the period--
- (A)
beginning on October 1 of the first fiscal year after the end of the
most recent full fiscal year relating to which a report under this
section was submitted; and
(B) ending on September 30 of the last full fiscal year before the date of the report.
SEC. 5307. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF SCIENCES.
- Section 108 of the Small Business Reauthorization Act of 2000 (15
U.S.C. 638 note) is amended by adding at the end the following:
‘(e) Extensions and Enhancements of Authority-
‘(1) IN GENERAL- Not later than 6 months after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, the head of each agency described in subsection (a), in consultation with the Small Business Administration, shall cooperatively enter into an agreement with the National Academy of Sciences for the National Research Council to, not later than 4 years after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, and every 4 years thereafter--
‘(A) continue the most recent study under this section relating to--
‘(2) CONSULTATION- An agreement under paragraph (1) shall require the National Research Council to ensure there is participation by and consultation with the small business community, the Administration, and other interested parties as described in subsection (b).
‘(i) the issues described in subparagraphs (A), (B), (C), and (E) of subsection (a)(1); and
‘(B) make recommendations with respect to the issues described in subparagraph (A)(ii) and subparagraphs (A), (D), and (E) of subsection (a)(2); and
‘(ii) the effectiveness of the government and public databases described in section 9(k) of the Small Business Act (15 U.S.C. 638(k)) in reducing vulnerabilities of the SBIR program and the STTR program to fraud, waste, and abuse, particularly with respect to Federal agencies funding duplicative proposals and business concerns falsifying information in proposals;
‘(C) estimate, to the extent practicable, the number of jobs created by the SBIR program or STTR program of the agency.
‘(3) REPORTING- An agreement under paragraph (1) shall require that not later than 4 years after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, and every 4 years thereafter, the National Research Council shall submit to the head of the agency entering into the agreement, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report regarding the study conducted under paragraph (1) and containing the recommendations described in paragraph (1).’.
SEC. 5308. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(ii) Phase III Reporting- The annual SBIR or STTR report to Congress by the Administration under subsection (b)(7) shall include, for each Phase III award made by the Federal agency--
‘(1) the name of the agency or component of the agency or the non-Federal source of capital making the Phase III award;
‘(2) the name of the small business concern or individual receiving the Phase III award; and
‘(3) the dollar amount of the Phase III award.’.
SEC. 5309. INTELLECTUAL PROPERTY PROTECTIONS.
- (a) In General- The Comptroller General of the United States shall conduct a study of the SBIR program to assess whether--
- (1)
Federal agencies comply with the data rights protections for SBIR
awardees and the technologies of SBIR awardees under section 9 of the
Small Business Act (15 U.S.C. 638);
(2) the laws and policy directives intended to clarify the scope of data rights, including in prototypes and mentor-protege relationships and agreements with Federal laboratories, are sufficient to protect SBIR awardees; and
(3) there is an effective grievance tracking process for SBIR awardees who have grievances against a Federal agency regarding data rights and a process for resolving those grievances.
SEC. 5310. OBTAINING CONSENT FROM SBIR AND STTR APPLICANTS TO RELEASE CONTACT INFORMATION TO ECONOMIC DEVELOPMENT ORGANIZATIONS.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(jj) Consent To Release Contact Information to Organizations-
‘(1) ENABLING CONCERN TO GIVE CONSENT- Each Federal agency required by this section to conduct an SBIR program or an STTR program shall enable a small business concern that is an SBIR applicant or an STTR applicant to indicate to the Federal agency whether the Federal agency has the consent of the concern to--
‘(A) identify the concern to appropriate local and State-level economic development organizations as an SBIR applicant or an STTR applicant; and
‘(2) RULES- The Administrator shall establish rules to implement this subsection. The rules shall include a requirement that a Federal agency include in the SBIR and STTR application a provision through which the applicant can indicate consent for purposes of paragraph (1).’.
‘(B) release the contact information of the concern to such organizations.
SEC. 5311. PILOT TO ALLOW FUNDING FOR ADMINISTRATIVE, OVERSIGHT, AND CONTRACT PROCESSING COSTS.
- (a) In General- Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this Act, is amended by adding at the end the
following:
‘(kk) Assistance for Administrative, Oversight, and Contract Processing Costs-(b) Technical and Conforming Amendments-
‘(1) IN GENERAL- Subject to paragraph (2), for the 3 full fiscal years beginning after the date of enactment of this subsection, the Administrator shall allow each Federal agency required to conduct an SBIR program to use not more than 3 percent of the funds allocated to the SBIR program of the Federal agency for--
‘(A) the administration of the SBIR program or the STTR program of the Federal agency;
‘(2) PERFORMANCE CRITERIA- A Federal agency may not use funds as authorized under paragraph (1) until after the effective date of performance criteria, which the Administrator shall establish, to measure any benefits of using funds as authorized under paragraph (1) and to assess continuation of the authority under paragraph (1).
‘(B) the provision of outreach and technical assistance relating to the SBIR program or STTR program of the Federal agency, including technical assistance site visits and personnel interviews;
‘(C) the implementation of commercialization and outreach initiatives that were not in effect on the date of enactment of this subsection;
‘(D) carrying out the program under subsection (y);
‘(E) activities relating to oversight and congressional reporting, including the waste, fraud, and abuse prevention activities described in section 313(a)(1)(B)(ii) of the SBIR/STTR Reauthorization Act of 2011;
‘(F) targeted reviews of recipients of awards under the SBIR program or STTR program of the Federal agency that the head of the Federal agency determines are at high risk for fraud, waste, or abuse, to ensure compliance with requirements of the SBIR program or STTR program, respectively;
‘(G) the implementation of oversight and quality control measures, including verification of reports and invoices and cost reviews;
‘(H) carrying out subsection (cc);
‘(I) carrying out subsection (ff);
‘(J) contract processing costs relating to the SBIR program or STTR program of the Federal agency; and
‘(K) funding for additional personnel and assistance with application reviews.
‘(3) RULES- Not later than 180 days after the date of enactment of this subsection, the Administrator shall issue rules to carry out this subsection.’.
- (1) IN GENERAL- Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
- (A)
in subsection (f)(2)(A), as so designated by section 5103(2) of this
Act, by striking ‘shall not’ and all that follows through ‘make
available for the purpose’ and inserting ‘shall not make available for
the purpose’; and
(B) in subsection (y), as amended by section 203--
- (i) by striking paragraph (4);
(ii) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.
(3) PROSPECTIVE REPEAL- Effective on the first day of the fourth full fiscal year following the date of enactment of this Act, section 9 of the Small Business Act (15 U.S.C. 638), as amended by paragraph (1) of this section, is amended--
- (A) in subsection (f)(2)(A), by striking ‘shall not make available for the purpose’ and inserting the following: ‘shall not--
(B) in subsection (y)--‘(i) use any of its SBIR budget established pursuant to paragraph (1) for the purpose of funding administrative costs of the program, including costs associated with salaries and expenses; or
‘(ii) make available for the purpose’; and
- (i) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(ii) by inserting after paragraph (3) the following:
‘(4) FUNDING-
‘(A) IN GENERAL- The Secretary of Defense and each Secretary of a military department may use not more than an amount equal to 1 percent of the funds available to the Department of Defense or the military department pursuant to the Small Business Innovation Research Program for payment of expenses incurred to administer the Commercialization Pilot Program under this subsection.
‘(B) LIMITATIONS- The funds described in subparagraph (A)--
‘(i) shall not be subject to the limitations on the use of funds in subsection (f)(2); and
‘(ii) shall not be used to make Phase III awards.’.
SEC. 5312. GAO STUDY WITH RESPECT TO VENTURE CAPITAL OPERATING COMPANY INVOLVEMENT.
- Not later than 3 years after the date of enactment of this Act,
and every 3 years thereafter, the Comptroller General of the United
States shall--
- (1) conduct a study of the impact of
requirements relating to venture capital operating company involvement
under section 9(cc) of the Small Business Act, as added by section 5108
of this Act; and
(2) submit to Congress a report regarding the study conducted under paragraph (1).
SEC. 5313. REDUCING VULNERABILITY OF SBIR AND STTR PROGRAMS TO FRAUD, WASTE, AND ABUSE.
- (a) Fraud, Waste, and Abuse Prevention-
- (1) GUIDELINES FOR FRAUD, WASTE, AND ABUSE PREVENTION-
- (A)
AMENDMENTS REQUIRED- Not later than 90 days after the date of enactment
of this Act, the Administrator shall amend the SBIR Policy Directive
and the STTR Policy Directive to include measures to prevent fraud,
waste, and abuse in the SBIR program and the STTR program.
(B) CONTENT OF AMENDMENTS- The amendments required under subparagraph (A) shall include--
- (i) definitions or descriptions of fraud, waste, and abuse;
(ii) a requirement that the Inspectors General of each Federal agency that participates in the SBIR program or the STTR program cooperate to--
- (I) establish fraud detection indicators;
(II) review regulations and operating procedures of the Federal agencies;
(III) coordinate information sharing between the Federal agencies; and
(IV) improve the education and training of, and outreach to--
(bb) applicants to the SBIR program or the STTR program; and
(cc) recipients of awards under the SBIR program or the STTR program;
- (iii)
guidelines for the monitoring and oversight of applicants to and
recipients of awards under the SBIR program or the STTR program; and
(iv) a requirement that each Federal agency that participates in the SBIR program or STTR program include the telephone number of the hotline established under paragraph (2)--
- (I) on the Web site of the Federal agency; and
(II) in any solicitation or notice of funding opportunity issued by the Federal agency for the SBIR program or the STTR program.
- (A)
HOTLINE ESTABLISHED- The Administrator shall establish a telephone
hotline that allows individuals to report fraud, waste, and abuse in the
SBIR program or STTR program.
(B) PUBLICATION- The Administrator shall include the telephone number for the hotline established under subparagraph (A) on the Web site of the Administration.
- (1)
STUDY- Not later than 1 year after the date of enactment of this Act,
and every 3 years thereafter, the Comptroller General of the United
States shall--
- (A) conduct a study that evaluates--
- (i)
the implementation by each Federal agency that participates in the SBIR
program or the STTR program of the amendments to the SBIR Policy
Directive and the STTR Policy Directive made pursuant to subsection (a);
(ii) the effectiveness of the management information system of each Federal agency that participates in the SBIR program or STTR program in identifying duplicative SBIR and STTR projects;
(iii) the effectiveness of the risk management strategies of each Federal agency that participates in the SBIR program or STTR program in identifying areas of the SBIR program or the STTR program that are at high risk for fraud;
(iv) technological tools that may be used to detect patterns of behavior that may indicate fraud by applicants to the SBIR program or the STTR program;
(v) the success of each Federal agency that participates in the SBIR program or STTR program in reducing fraud, waste, and abuse in the SBIR program or the STTR program of the Federal agency; and
(vi) the extent to which the Inspector General of each Federal agency that participates in the SBIR program or STTR program effectively conducts investigations of individuals alleged to have submitted false claims or violated Federal law relating to fraud, conflicts of interest, bribery, gratuity, or other misconduct; and
SEC. 5314. INTERAGENCY POLICY COMMITTEE.
- (a) Establishment- The Director of the Office of Science and
Technology Policy (in this section referred to as the ‘Director’), in
conjunction with the Administrator, shall establish an Interagency
SBIR/STTR Policy Committee (in this section referred to as the
‘Committee’) comprised of 1 representative from each Federal agency with
an SBIR program or an STTR program and 1 representative of the Office
of Management and Budget.
(b) Cochairpersons- The Director and the Administrator shall serve as cochairpersons of the Committee.
(c) Duties- The Committee shall review, and make policy recommendations on ways to improve the effectiveness and efficiency of, the SBIR program and the STTR program, including--
- (1) reviewing the
effectiveness of the public and government databases described in
section 9(k) of the Small Business Act (15 U.S.C. 638(k));
(2) identifying--
- (A)
best practices for commercialization assistance by Federal agencies
that have significant potential to be employed by other Federal
agencies; and
(B) proposals by Federal agencies for initiatives to address challenges for small business concerns in obtaining funding after a Phase II award ends and before commercialization; and
- (1) a report on the
review by and recommendations of the Committee under subsection (c)(1)
not later than 1 year after the date of enactment of this Act;
(2) a report on the review by and recommendations of the Committee under subsection (c)(2) not later than 18 months after the date of enactment of this Act; and
(3) a report on the review by and recommendations of the Committee under subsection (c)(3) not later than 2 years after the date of enactment of this Act.
SEC. 5315. SIMPLIFIED PAPERWORK REQUIREMENTS.
- Section 9(v) of the Small Business Act (15 U.S.C. 638(v)) is amended--
- (1)
in the subsection heading, by striking ‘Simplified Reporting
Requirements’ and inserting ‘Reducing Paperwork and Compliance Burden’;
(2) by striking ‘The Administrator’ and inserting the following:
‘(1) STANDARDIZATION OF REPORTING REQUIREMENTS- The Administrator’; and(3) by adding at the end the following:
‘(2) SIMPLIFICATION OF APPLICATION AND AWARD PROCESS- Not later than one year after the date of enactment of this paragraph, and after a period of public comment, the Administrator shall issue regulations or guidelines, taking into consideration the unique needs of each Federal agency, to ensure that each Federal agency required to carry out an SBIR program or STTR program simplifies and standardizes the program proposal, selection, contracting, compliance, and audit procedures for the SBIR program or STTR program of the Federal agency (including procedures relating to overhead rates for applicants and documentation requirements) to reduce the paperwork and regulatory compliance burden on small business concerns applying to and participating in the SBIR program or STTR program.’.
TITLE LIV--POLICY DIRECTIVES
SEC. 5401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR POLICY DIRECTIVES.
- (a) In General- Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate amendments to
the SBIR Policy Directive and the STTR Policy Directive to conform such
directives to this Act and the amendments made by this Act.
(b) Publishing SBIR Policy Directive and the STTR Policy Directive in the Federal Register- Not later than 180 days after the date of enactment of this Act, the Administrator shall publish the amended SBIR Policy Directive and the amended STTR Policy Directive in the Federal Register.
TITLE LV--OTHER PROVISIONS
SEC. 5501. RESEARCH TOPICS AND PROGRAM DIVERSIFICATION.
- (a) SBIR Program- Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) is amended--
- (1) in paragraph (3)--
- (A)
in the matter preceding subparagraph (A), by striking ‘broad research
topics and to topics that further 1 or more critical technologies’ and
inserting ‘applications to the Federal agency for support of projects
relating to nanotechnology, rare diseases, security, energy,
transportation, or improving the security and quality of the water
supply of the United States, and the efficiency of water delivery
systems and usage patterns in the United States (including the
territories of the United States) through the use of technology (to the
extent that the projects relate to the mission of the Federal agency),
broad research topics, and topics that further 1 or more critical
technologies or research priorities’;
(B) in subparagraph (A), by striking ‘or’ at the end; and
(C) by adding at the end the following:
‘(C) the National Academy of Sciences, in the final report issued by the ‘America’s Energy Future: Technology Opportunities, Risks, and Tradeoffs’ project, and in any subsequent report by the National Academy of Sciences on sustainability, energy, or alternative fuels;
‘(D) the National Institutes of Health, in the annual report on the rare diseases research activities of the National Institutes of Health for fiscal year 2005, and in any subsequent report by the National Institutes of Health on rare diseases research activities;
‘(E) the National Academy of Sciences, in the final report issued by the ‘Transit Research and Development: Federal Role in the National Program’ project and the report entitled ‘Transportation Research, Development and Technology Strategic Plan (2006-2010)’ issued by the Research and Innovative Technology Administration of the Department of Transportation, and in any subsequent report issued by the National Academy of Sciences or the Department of Transportation on transportation and infrastructure; or
‘(F) the national nanotechnology strategic plan required under section 2(c)(4) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(c)(4)) and in any report issued by the National Science and Technology Council Committee on Technology that focuses on areas of nanotechnology identified in such plan;’; and
‘(13) encourage applications under the SBIR program (to the extent that the projects relate to the mission of the Federal agency)--
‘(A) from small business concerns in geographic areas underrepresented in the SBIR program or located in rural areas (as defined in section 1393(a)(2) of the Internal Revenue Code of 1986);
‘(B) small business concerns owned and controlled by women;
‘(C) small business concerns owned and controlled by veterans;
‘(D) small business concerns owned and controlled by Native Americans; and
‘(E) small business concerns located in a geographic area with an unemployment rates that exceed the national unemployment rate, based on the most recently available monthly publications of the Bureau of Labor Statistics of the Department of Labor.’.
- (1) in paragraph (3)--
- (A)
in the matter preceding subparagraph (A), by striking ‘broad research
topics and to topics that further 1 or more critical technologies’ and
inserting ‘applications to the Federal agency for support of projects
relating to nanotechnology, security, energy, rare diseases,
transportation, or improving the security and quality of the water
supply of the United States (to the extent that the projects relate to
the mission of the Federal agency), broad research topics, and topics
that further 1 or more critical technologies or research priorities’;
(B) in subparagraph (A), by striking ‘or’ at the end; and
(C) by adding at the end the following:
‘(C) the National Academy of Sciences, in the final report issued by the ‘America’s Energy Future: Technology Opportunities, Risks, and Tradeoffs’ project, and in any subsequent report by the National Academy of Sciences on sustainability, energy, or alternative fuels;
‘(D) the National Institutes of Health, in the annual report on the rare diseases research activities of the National Institutes of Health for fiscal year 2005, and in any subsequent report by the National Institutes of Health on rare diseases research activities;
‘(E) the National Academy of Sciences, in the final report issued by the ‘Transit Research and Development: Federal Role in the National Program’ project and the report entitled ‘Transportation Research, Development and Technology Strategic Plan (2006-2010)’ issued by the Research and Innovative Technology Administration of the Department of Transportation, and in any subsequent report issued by the National Academy of Sciences or the Department of Transportation on transportation and infrastructure; or
‘(F) the national nanotechnology strategic plan required under section 2(c)(4) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(c)(4)) and in any report issued by the National Science and Technology Council Committee on Technology that focuses on areas of nanotechnology identified in such plan;’;
(3) in paragraph (16), by striking the period at the end and inserting ‘; and’; and
(4) by adding at the end the following:
‘(17) encourage applications under the STTR program (to the extent that the projects relate to the mission of the Federal agency)--
‘(A) from small business concerns in geographic areas underrepresented in the STTR program or located in rural areas (as defined in section 1393(a)(2) of the Internal Revenue Code of 1986);
‘(B) small business concerns owned and controlled by women;
‘(C) small business concerns owned and controlled by veterans;
‘(D) small business concerns owned and controlled by Native Americans; and
‘(E) small business concerns located in a geographic area with an unemployment rates that exceed the national unemployment rate, based on the most recently available monthly publications of the Bureau of Labor Statistics of the Department of Labor.’.
- (1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 5502. REPORT ON SBIR AND STTR PROGRAM GOALS.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(ll) Annual Report on SBIR and STTR Program Goals-
‘(1) DEVELOPMENT OF METRICS- The head of each Federal agency required to participate in the SBIR program or the STTR program shall develop metrics to evaluate the effectiveness, and the benefit to the people of the United States, of the SBIR program and the STTR program of the Federal agency that--
‘(A) are science-based and statistically driven;
‘(2) EVALUATION- The head of each Federal agency described in paragraph (1) shall conduct an annual evaluation using the metrics developed under paragraph (1) of--
‘(B) reflect the mission of the Federal agency; and
‘(C) include factors relating to the economic impact of the programs.
‘(A) the SBIR program and the STTR program of the Federal agency; and
‘(3) REPORT-
‘(B) the benefits to the people of the United States of the SBIR program and the STTR program of the Federal agency.
‘(A) IN GENERAL- The head of each Federal agency described in paragraph (1) shall submit to the appropriate committees of Congress and the Administrator an annual report describing in detail the results of an evaluation conducted under paragraph (2).
‘(B) PUBLIC AVAILABILITY OF REPORT- The head of each Federal agency described in paragraph (1) shall make each report submitted under subparagraph (A) available to the public online.
‘(C) DEFINITION- In this paragraph, the term ‘appropriate committees of Congress’ means--
‘(i) the Committee on Small Business and Entrepreneurship of the Senate; and
‘(ii) the Committee on Small Business and the Committee on Science and Technology of the House of Representatives.’.
SEC. 5503. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR PROGRAMS.
- Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
‘(mm) Competitive Selection Procedures for SBIR and STTR Programs- All funds awarded, appropriated, or otherwise made available in accordance with subsection (f) or (n) must be awarded pursuant to competitive and merit-based selection procedures.’.
Attest:
Secretary.
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