Sec. 5141. PILOT TO ALLOW FUNDING FOR ADMINISTRATIVE, OVERSIGHT, AND CONTRACT PROCESSING COSTS
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## SEC. 5141 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 title, is further amended by adding at the end the following: > > ### “(mm) Assistance for Administrative, Oversight, and Contract Processing Costs > > > #### “(1) In general > > Subject to paragraph (3), for the 3 fiscal years beginning after the date of enactment of this subsection, the Administrator shall allow each Federal agency required to conduct an SBIR program to use not more than 3 percent of the funds allocated to the SBIR program of the Federal agency for— > > > ##### “(A) > > the administration of the SBIR program or the STTR program of the Federal agency; > > > ##### “(B) > > the provision of outreach and technical assistance relating to the SBIR program or STTR program of the Federal agency, including technical assistance site visits, personnel interviews, and national conferences; > > > ##### “(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 waste, fraud, and abuse prevention activities; > > > ##### “(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 (dd); > > > ##### “(I) > > contract processing costs relating to the SBIR program or STTR program of the Federal agency; and > > > ##### “(J) > > funding for additional personnel and assistance with application reviews. > > > #### “(2) Outreach and technical assistance > > > ##### “(A) In general > > Except as provided in subparagraph (B), a Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph
(1)to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded. > > > ##### “(B) Waiver > > A Federal agency may request the Administrator to waive the requirement contained in subparagraph (A). Such request shall include an explanation of why the waiver is necessary. The Administrator may grant the waiver based on a determination that the agency has demonstrated a sufficient need for the waiver, that the outreach objectives of the agency are being met, and that there is increased participation by States with respect to which a low level of SBIR awards have historically been awarded. > > > #### “(3) 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). > > > #### “(4) Rules > > Not later than 180 days after the date of enactment of this subsection, the Administrator shall issue rules to carry out this subsection. > > > #### “(5) Coordination with ig > > Each Federal agency shall coordinate the activities funded under subparagraph (E), (F), or
(G)of paragraph
(1)with their respective Inspectors General, when appropriate, and each Federal agency that allocates more than $50,000,000 to the SBIR program of the Federal agency for a fiscal year may share such funding with its Inspector General when the Inspector General performs such activities. > > > #### “(6) Reporting > > The Administrator shall collect data and provide to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report on the use of funds under this subsection, including funds used to achieve the objectives of paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B).” > . ###
(b)Technical and Conforming Amendments ####
(1)In general Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this title, is further amended— #####
(A)in subsection (f)(2), 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)— ######
(i)by striking paragraph (4); and ######
(ii)by redesignating paragraphs
(5)and
(6)as paragraphs
(4)and (5), respectively. ####
(2)Transitional rule Notwithstanding the amendments made by paragraph (1), subsections (f)(2) and (y)(4) of section 9 of the Small Business Act (15 U.S.C. 638), as in effect on the day before the date of enactment of this Act, shall continue to apply to each Federal agency until the effective date of the performance criteria established by the Administrator under subsection (mm)(3) of section 9 of the Small Business Act, as added by subsection (a). ####
(3)Prospective repeal Effective on the first day of the fourth full fiscal year following the date of enactment of this Act, section 9 of the Small Business Act (15 U.S.C. 638), as amended by paragraph
(1)of this section, is amended— #####
(A)in subsection (f)(2), by striking “ shall not make available for the purpose ” and inserting the following: > “shall not— > > > ##### “(A) > > 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 > > > ##### “(B) > > make available for the purpose” > ; and #####
(B)subsection (y), by amending paragraph
(4)to read as follows: > > #### “(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 Readiness 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. 5142 was repealed by section 10(l) of Public Law 119-83.**]**
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Sec. 5141
PILOT TO ALLOW FUNDING FOR ADMINISTRATIVE, OVERSIGHT, AND CONTRACT PROCESSING COSTS
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