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Full Text of this Amendment

SA 172. Mr. PAUL 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:

At the end, add the following:
SEC. __X. PROHIBITION ON ADDITIONAL FEDERAL FUNDING.
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) Eligibility Requirements.--
"(1) DEFINITION.--In this subsection, the term `earmark'--
"(A) means a provision or report language included primarily at the request of a Senator or Member of the House of Representatives providing or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district; and
"(B) does not include a provision or report language that--
"(i) is specifically authorized by an appropriate congressional authorizing committee of jurisdiction;
"(ii) meets funding eligibility criteria established by an appropriate congressional authorizing committee of jurisdiction by statute; or
"(iii) is awarded through a statutory or administrative formula-driven or competitive award process.
"(2) ELIGIBILITY FOR SBIR AND STTR AWARDS.--A Federal agency may not make an award under the SBIR program or STTR program of the Federal agency to a small business concern that receives--
"(A) a Federal grant (other than an award under an SBIR program or STTR program); or
"(B) Federal funding as a result of an earmark.
"(3) PROHIBITION ON RECEIPT OF FEDERAL GRANTS.--A small business concern carrying out activities funded using an award under an SBIR program or STTR program may not--
"(A) apply for or receive a Federal grant (other than an award under an SBIR program or STTR program); or
"(B) receive Federal funding as a result of an earmark.".


(As printed in the Congressional Record for the Senate on Mar 15, 2011.)