S.Amdt. 272
What it does: 20 changes: strikes text in 8 places, inserts text in 5 places, replaces text in 6 places, adds a section
Sen. Jeff Merkley (D-OR)What it changes
20 changes to S. 493 · 1 shown in the bill's text
Change 1: Strikes “and”
Struck: and
Original wording
On page 49, line 16, strike “and”.
Change 2: Inserts new text on page 49, between lines 18 and 19
InsertsPrinted pageInserted: (C) in subparagraph (C), by striking "and" at the end;
Inserted: (D) in subparagraph (D), by striking the period at the end and inserting "; and"; and
Inserted: (E) by adding at the end the following:
Inserted: "(E) developing and manufacturing in the United States new commercial products and processes resulting from such projects.";
Original wording
On page 49, between lines 18 and 19, insert the following:
Change 3: Strikes “or”
Struck: or
Original wording
On page 78, line 2, strike “or”.
Change 4: Replaces “and” with “or”
[struck: and][inserted: or]Original wording
On page 78, line 4, strike “and” and insert “or”.
Change 5: Inserts new text on page 78, between lines 4 and 5
InsertsPrinted pageInserted: (viii)(I) has a product, process, technology, or service that received funding under the SBIR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
Inserted: (II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States; and
Original wording
On page 78, between lines 4 and 5, insert the following:
Change 6: Strikes “or”
Struck: or
Original wording
On page 80, line 5, strike “or”.
Change 7: Replaces “and” with “or”
[struck: and][inserted: or]Original wording
On page 80, line 15, strike “and” and insert “or”.
Change 8: Inserts new text on page 80, between lines 15 and 16
InsertsPrinted pageInserted: (viii)(I) has a product, process, technology, or service that received funding under the STTR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
Inserted: (II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States; and
Original wording
On page 80, between lines 15 and 16, insert the following:
Change 9: Strikes “or”
Struck: or
Original wording
On page 81, line 24, strike “or”.
Change 10: Rewrites page 82, line 5
ReplacesPrinted pageRemoves page 82, line 5 of the printed bill. See that page
Inserted: (20 U.S.C. 1001); or
Inserted: "(vi)(I) has a product, process, technology, or service that received funding under the SBIR or STTR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
Inserted: "(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States.".
Original wording
On page 82, strike line 5 and insert the following:
Change 11: Strikes “and”
Struck: and
Original wording
On page 83, line 15, strike “and”.
Change 12: Rewrites page 83, line 22
ReplacesPrinted pageRemoves page 83, line 22 of the printed bill. See that page
Inserted: program; and
Inserted: "(ix) whether the small business concern--
Inserted: "(I) has a product, process, technology, or service that received funding under the SBIR or STTR program of a Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
Inserted: "(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States;";
Original wording
On page 83, strike line 22 and insert the following:
Change 13: Strikes “and”
Struck: and
Original wording
On page 90, line 10, strike “and”.
Change 14: Rewrites page 90, line 13
ReplacesPrinted pageRemoves page 90, line 13 of the printed bill. See that page
Inserted: STTR program of the agency; and
Inserted: "(D) estimate, to the extent practicable, the amount of production and manufacturing in the United States that resulted from awards under the SBIR program or STTR program of the agency; and
Inserted: "(E) make recommendations, if any, for changes to the SBIR program or STTR program of the agency that would increase production and manufacturing in the United States.
Original wording
On page 90, strike line 13 and insert the following:
Change 15: Strikes “and”
Struck: and
Original wording
On page 91, line 20, strike “and” at the end.
Change 16: Rewrites page 91, line 22
ReplacesPrinted pageRemoves page 91, line 22 of the printed bill. See that page
Inserted: award; and
Inserted: "(4) whether the small business concern or individual receiving the Phase III award is developing, testing, producing, or manufacturing the product or service that is the subject of the Phase III award in the United States.".
Original wording
On page 91, strike line 22 and insert the following:
Change 17: Strikes “and”
Struck: and
Original wording
On page 105, line 2, strike “and”.
Change 18: Inserts new text on page 105, between lines 6 and 7
InsertsPrinted pageInserted: (C) ways for Federal agencies to create incentives for recipients of awards under the SBIR program and the STTR program to carry out research, development, testing, production, and manufacturing in the United States; and
Original wording
On page 105, between lines 6 and 7, insert the following:
Change 19: Inserts “, including the impact on production and manufacturing in the United States” after “programs”
…programs[inserted: , including the impact on production and manufacturing in the United States]…
Original wording
On page 115, line 8, insert after “programs” the following: “, including the impact on production and manufacturing in the United States”.
Change 20: Adds SEC. 504. REQUIREMENT TO PERFORM RESEARCH AND RESEARCH AND DEVELOPMENT WORK IN THE UNITED STATES at the end of the bill
Adds a sectionIn S. 493 · Reported to Senate
"(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.".
Inserted: SEC. 504. REQUIREMENT TO PERFORM RESEARCH AND RESEARCH AND DEVELOPMENT WORK IN THE UNITED STATES.
Inserted: 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:
Inserted: "(nn) Requirement to Perform Research and Research and Development Work in the United States.--
Inserted: "(1) In general.--Except as provided in paragraph (2), a small business concern that receives a Phase I or Phase II award under an SBIR program or STTR program (including an award under a pilot program under subsection (ff)) shall perform or obtain the research or research and development work required under the award in the United States.
Inserted: "(2) Exception.--A Federal agency that makes an award under the SBIR program or STTR program may approve a specific portion of research or research and development work under the award to be performed or obtained outside the United States if--
Inserted: "(A) a rare or unique circumstance, including a supply, material, or other item that is not available in the United States, requires the portion of the work to be performed or obtained outside the United States; and
Inserted: "(B) the Federal agency makes the approval in writing.".
Original wording
At the end, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 272. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:
On page 49, line 16, strike “and”.
On page 49, between lines 18 and 19, insert the following:
(C) in subparagraph (C), by striking “and” at the end;
(D) in subparagraph (D), by striking the period at the end and inserting “; and”; and
(E) by adding at the end the following:
“(E) developing and manufacturing in the United States new commercial products and processes resulting from such projects.”;
On page 78, line 2, strike “or”.
On page 78, line 4, strike “and” and insert “or”.
On page 78, between lines 4 and 5, insert the following:
“(viii)(I) has a product, process, technology, or service that received funding under the SBIR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
“(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States; and
On page 80, line 5, strike “or”.
On page 80, line 15, strike “and” and insert “or”.
On page 80, between lines 15 and 16, insert the following:
“(viii)(I) has a product, process, technology, or service that received funding under the STTR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
“(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States; and
On page 81, line 24, strike “or”.
On page 82, strike line 5 and insert the following:
(20 U.S.C. 1001); or
“(vi)(I) has a product, process, technology, or service that received funding under the SBIR or STTR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
“(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States.”.
On page 83, line 15, strike “and”.
On page 83, strike line 22 and insert the following:
program; and
“(ix) whether the small business concern--
“(I) has a product, process, technology, or service that received funding under the SBIR or STTR program of a Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
“(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States;”;
On page 90, line 10, strike “and”.
On page 90, strike line 13 and insert the following:
STTR program of the agency; and
“(D) estimate, to the extent practicable, the amount of production and manufacturing in the United States that resulted from awards under the SBIR program or STTR program of the agency; and
“(E) make recommendations, if any, for changes to the SBIR program or STTR program of the agency that would increase production and manufacturing in the United States.
On page 91, line 20, strike “and” at the end.
On page 91, strike line 22 and insert the following:
award; and
“(4) whether the small business concern or individual receiving the Phase III award is developing, testing, producing, or manufacturing the product or service that is the subject of the Phase III award in the United States.”.
On page 105, line 2, strike “and”.
On page 105, between lines 6 and 7, insert the following:
(C) ways for Federal agencies to create incentives for recipients of awards under the SBIR program and the STTR program to carry out research, development, testing, production, and manufacturing in the United States; and
On page 115, line 8, insert after “programs” the following: “, including the impact on production and manufacturing in the United States”.
At the end, add the following:
SEC. 504. REQUIREMENT TO PERFORM RESEARCH AND RESEARCH AND DEVELOPMENT WORK IN THE UNITED STATES.
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:
“(nn) Requirement to Perform Research and Research and Development Work in the United States.--
“(1) In general.--Except as provided in paragraph (2), a small business concern that receives a Phase I or Phase II award under an SBIR program or STTR program (including an award under a pilot program under subsection (ff)) shall perform or obtain the research or research and development work required under the award in the United States.
“(2) Exception.--A Federal agency that makes an award under the SBIR program or STTR program may approve a specific portion of research or research and development work under the award to be performed or obtained outside the United States if--
“(A) a rare or unique circumstance, including a supply, material, or other item that is not available in the United States, requires the portion of the work to be performed or obtained outside the United States; and
“(B) the Federal agency makes the approval in writing.”.
Legislative Activity
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Senate amendment submitted
March 30, 2011