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Full Text of this Amendment

SA 280. Mr. ROCKEFELLER 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 83, strike lines 8 and 9 and insert the following:
"(v) the names and titles of the key individuals that will carry out the project, the position each key individual holds in the small business concern, and contact information for each key individual;
On page 85, strike lines 22 through 24 and insert the following:
program that has been--

"(i) convicted of a fraud-related crime involving funding received under the SBIR program or STTR program; or
"(ii) found civilly liable for a fraud-related violation involving funding received under the SBIR program or STTR program."; and
On page 89, strike line 18 and all that follows through page 90, line 10, and insert the following:
"(A) continue the most recent study under this section relating to the issues described in subparagraphs (A), (B), (C), and (E) of subsection (a)(1);
"(B) make recommendations with respect to the issues described in subparagraphs (A), (D), and (E) of subsection (a)(2); and
On page 95, line 7, strike "the waste," and all that follows through "2011" on line 10 and insert "waste, fraud, and abuse prevention activities".
On page 96, line 13, strike the quotation marks and the second period and insert the following:
"(4) 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.".
On page 99, strike lines 17 through 19 and insert the following:
(1) AMENDMENTS REQUIRED FOR FRAUD, WASTE, AND ABUSE PREVENTION.--Not later
On page 100, strike line 1 and all that follows through page 102, line 4, and insert the following:
(2) CONTENT OF AMENDMENTS.--The amendments required under paragraph (1) shall include--
(A) definitions or descriptions of fraud, waste, and abuse;
(B) guidelines for the monitoring and oversight of applicants to and recipients of awards under the SBIR program or the STTR program;
(C) a requirement that each Federal agency that participates in the SBIR program or STTR program include information concerning the method established by the Inspector General of the Federal agency to report fraud, waste, and abuse (including any telephone hotline or Web-based platform)--
(i) on the website 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;
(D) a requirement that each applicant for funding under the SBIR program or STTR program shall certify that the applicant--
(i) is a small business concern; and
(ii) has disclosed the names of any other Federal agency to which the applicant has submitted an essentially equivalent work proposal, as defined under the SBIR Policy Directive and the STTR Policy Directive;
(E) a requirement that each small business concern that receives funding under the SBIR program or the STTR program, when requesting payment for work performed under an award under the program, shall certify that the small business concern--
(i) has performed all work for which the small business concern is requesting payment in accordance with the terms and conditions of the award; and
(ii) has not received payment from another Federal agency for the same work; and
(F) a requirement that, for each certification under subparagraph (D) or (E), an individual who may bind the small business concern acknowledge that--
(i) the statements in the certification are true and complete to the best of the knowledge of the individual; and
(ii) the provision of false information or concealing a material fact is a criminal offense under section 1001 of title 18, United States Code.
(3) CONSULTATION.--The Administrator shall develop the certifications required under subparagraph (D) and (E) of paragraph (2) in cooperation with the Council of Inspectors General on Integrity and Efficiency.
(4) AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.--Section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
"(e) Each Inspector General of each establishment that is required to participate in the SBIR program or the STTR program under section 9 of the Small Business Act (15 U.S.C. 638) shall cooperate to prevent fraud, waste, and abuse in the SBIR program and the STTR program by--
"(1) establishing fraud detection indicators;
"(2) reviewing regulations and operating procedures of the Federal agencies;
"(3) coordinating information sharing between the Federal agencies, to the extent otherwise permitted under Federal law; and
"(4) improving the education and training of, and outreach to--
"(A) administrators of the SBIR program and the STTR program of each Federal agency;
"(B) applicants to the SBIR program or the STTR program; and
"(C) recipients of awards under the SBIR program or the STTR program.".
On page 102, beginning on line 7, strike ", and every 3 years thereafter," and insert "to establish a baseline of changes made to the program to fight fraud, waste, and abuse, and every 3 years thereafter to evaluate the effectiveness of the agency strategies,".
On page 103, strike lines 12 through 19 and insert the following:
(vi) the extent to which the Inspector General of each Federal agency that participates in the SBIR and STTR program effectively conducts investigations, audits, inspections, and outreach relating to the SBIR and STTR programs of the Federal agency; and
On page 104, line 10, after "STTR program" insert the following: ", at least 1 Inspector General of a Federal agency with an SBIR program or an STTR program,".
On page 107, between lines 10 and 11, insert the following:
SEC. 316. REDUCING FRAUD, WASTE, AND ABUSE.
Not later than 4 years after the date of enactment of this Act, and every 4 years thereafter, the Comptroller General of the United States shall--
(1) conduct a study of 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;
(2) make recommendations with respect to the issues described in paragraph (1); and
(3) submit to the head of each agency described in section 108(a) of the Small Business Reauthorization Act of 2000 (15 U.S.C. 638 note), 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 (2).


(As printed in the Congressional Record for the Senate on Mar 31, 2011.)