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Full Text of this Amendment

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.".


(As printed in the Congressional Record for the Senate on Mar 30, 2011.)