H.R. 5515 — what changed

added Section 196(d) of title 10, United States Code, is amended—

added In order to promote a strong, lasting foundation for the national innovation ecosystem and increase the positive economic and social impact of federally funded research, the Secretary of Defense may—

added The Secretary of Defense shall implement a Department of Defense-wide process under which the heads of the military departments and Defense Agencies responsible for managing requests for studies and analysis research are required to coordinate annual research requests and ongoing research efforts to minimize duplication and reduce costs.

added “2357. Technology protection features activities

added “(a) Activities—The Secretary of Defense may carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.

added “(b) Cost-sharing—Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.

added “(c) Definitions—In this section:

added “(1) The term “designated system” means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.

added “(2) The term “technology protection features” means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.”

added Section 2362(d) of title 10, United States Code, is amended—

added It is the sense of Congress that the Secretary of the Air Force should consider entering into long-term partnerships with institutions of higher education, similar to the partnerships between such institutions and the Army and the Navy, to conduct research and science and engineering education for next generation hypersonics capabilities.

added “4782. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky

added “(a) Authority

added “(1) The Secretary of the Army may provide for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352).

added “(2) The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1).

added “(b) Limitation on uses—Any natural gas produced under subsection (a) may be used only to support activities and operations at Fort Knox and may not be sold for use elsewhere.

added “(c) Ownership of facilities—The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a) in accordance with the terms of the contract.

added “(d) Applicability—The authority of the Secretary of the Army under this section is effective as of August 2, 2007.”

added “2284. Explosive Ordnance Disposal Defense Program

added “(a) In general—The Secretary of Defense shall carry out a program to be known as the “Explosive Ordnance Disposal Defense Program” (in this section referred to as the “Program”) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands.

added “(b) Roles, responsibilities, and authorities—The plan under subsection (a) shall include provisions under which—

added “(1) the Secretary of Defense shall—

added “(A) assign the responsibility for the direction, coordination, integration of the explosive ordnance disposal defense program within the Department of Defense;

added “(B) designate the Assistant Secretary of Defense for Nuclear, Chemical, Biological Defense Programs as the key individual for the explosive ordnance disposal defense program that develops and oversees policy, plans, programs and budgets, and issues guidance and provides direction on Department of Defense explosive ordnance disposal activities;

added “(C) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense that provides oversight of the joint program executive officer whom coordinates and integrates joint requirements for explosive ordnance disposal and carries out joint research, development, test and evaluation and procurement activities on behalf of the military departments and combatant commands with respect to explosive ordnance disposal;

added “(D) designate the Director of the Defense Threat Reduction Agency as the responsible combat support agency that will exercise fund management responsibility of the Department of Defense-Wide Program Element for explosive ordnance disposal research, development, test and evaluation, transactions other than contracts, cooperative agreements, and grants related to section 2371 of title 10 during research projects including rapid prototyping and limited procurement urgent activities, and acquisition;

added “(E) designate an Army explosive ordnance disposal-qualified general officer as the responsible senior leader of the Defense Threat Reduction Agency’s Joint Improvised-Threat Defeat Organization that serves as the Chairman of the Department of Defense explosive ordnance disposal defense program board;

added “(2) the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance disposal and may carry out research, development, test and evaluation activities, including other transactions and procurement activities to address military department unique needs such as weapon systems, manned and unmanned vehicles and platforms, cyber and communication equipment and the integration of explosive ordnance disposal sets, kits and outfits and department’s developed explosive ordnance disposal tools, equipment, sets, kits and outfits.

added “(c) Annual budget justification documents

added “(1) For fiscal year 2021 and each fiscal year thereafter, the Secretary of Defense shall submit to Congress with the defense budget materials a consolidated budget justification display, in classified and unclassified form, that includes all of activities of the Department of Defense relating to the Program.

added “(2) The budget display under paragraph (1) for a fiscal year shall include a single program element for each of the following:

added “(A) Civilian and military pay.

added “(B) Research, development, test, and evaluation.

added “(C) Procurement.

added “(D) Other transaction agreements.

added “(E) Military construction.

added “(3) The budget display shall include funding data for each of the military department’s respective activities related to explosive ordnance disposal, including—

added “(A) operations and maintenance; and

added “(B) overseas contingency operations.

added “(d) Definitions—In this section:

added “(1) The term “explosive ordnance” means any munitions containing explosives, nuclear fission or fusion materials, or biological or chemical agents, including—

added “(A) bombs and warheads;

added “(B) guided and ballistic missiles;

added “(C) artillery, mortar, rocket, and small arms munitions;

added “(D) mines, torpedoes, and depth charges;

added “(E) demolition charges;

added “(F) pyrotechnics;

added “(G) clusters and dispensers;

added “(H) cartridge and propellant actuated devices;

added “(I) electro-explosives devices;

added “(J) clandestine and improvised explosive devices, including improvised nuclear, chemical and biological devices; and

added “(K) similar or related items or components explosive in nature.

added “(2) The term “disposal” means, with respect to explosive ordnance, the assessment, sampling, detection, identification, verification, field evaluation, defeat, disablement, neutralization, or rendering-safe, war-head packaging, recovery, exploitation, and final disposition of ordnance.”

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the effects of the increased automation of the defense industrial base over the ten-year period beginning on the date that is 30 days after the date of the enactment of this Act. Such report shall include, for the period covered by the report—

added The Secretary of Defense, in consultation with the heads of each of the military departments and the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report on labor hours and depot maintenance, which shall include—

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, and Assistant Secretary of the Navy for Research, Development and Acquisition, shall develop and submit to Congress a report describing the potential impacts on national defense and the manufacturing base resulting from contractors or subcontracts relocating steam turbine production for Nimitz-class and Ford-class aircraft carriers, and Virginia-class and Columbia-class submarines. Such report shall address each of the following:

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall submit to Congress a report on the rate of maternal mortality among members of the Armed Forces and the dependents of such members.

added “(b) The Chief of Chaplains, while so serving, holds the grade of major general.”

added “(e) The Chief of Chaplains, while so serving, holds the grade of rear admiral (upper half).”

added “(c) Grade of Chief of Chaplains—The Chief of Chaplains, while so serving, holds the grade of major general.”

added Section 509(k) of title 32, United States Code, is amended—

added “(2) Not later than 120 days after the end of each fiscal year, the Secretary of Defense shall evaluate the pilot Jobs ChalleNGe Programs and submit a report of findings and recommendations to Congress.”

added Section 509(h) of title 32, United States Code, is amended—

added “(2) Equipment and facilities of the United States may be transferred to the National Guard for purposes of carrying out the Program.

added “(3) Equipment and facilities of a State, county, or local government entity may be transferred to the National Guard for purposes of carrying out the Program.”

added The President shall order members of the National Guard in a State to full-time National Guard duty or active Guard and Reserve duty under section 502(f) of title 32, United States Code, if—

added Section 403(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(c)) is amended—

added “(6) National Guard—The President may make contributions to a State or local government for the purpose of reimbursing the Department of Defense for expenditures that arise from use of members of the National Guard and Reserve under section 502(f) of title 32, United States Code, to respond to a major disaster declared by the President under section 401 of this Act.”

added The Secretary of Defense may prescribe regulations that permit scientists employed at defense laboratories to take unpaid sabbaticals from such employment to work in the private sector. Such regulations may address issues including conflict of interest and the risk and impact to mission if critical positions are unfilled due to a sabbatical.

added “715. Attending Physician to the Congress: grade

added “A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).”

added Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of Veterans Affairs, Education, and Labor, shall submit to Congress a report on the transfer of skills into equivalent college credits or technical certifications for members of the Armed Forces leaving the military. Such report shall describe each the following:

added Section 2164(a) of title 10, United States Code, is amended—

added “(4) For purposes of this subsection, the term retiree means a member or former member of the armed forces who is entitled to retired or retainer pay under this title, or who, but for age, would be eligible for retired or retainer pay under chapter 1223 of this title.”

added Not later than 1 year after the date of enactment of this Act, Secretary of Defense shall submit to Congress a report detailing—

added The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.

added The Secretary of Defense shall ensure that blast exposure history is included in the service records of members of the Armed Forces in a manner that will assist in determining whether a future illness or injury is service connected.

added The Secretaries of the military departments shall encourage the Junior Reserve Officer Training Corps to include cybersecurity educational programs and awareness in the curriculum of the Corps, including lessons on cyber defense, risks of cybersecurity vulnerabilities in the military, and pursuing studies and careers in cybersecurity and related fields within the Department of Defense.

added Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended—

added “(k) Support beyond Program—The Secretary of Defense shall provide funding to States to carry out programs that provide deployment cycle information, services, and referrals to members of the Armed Forces, including members of the regular components and members of the reserve components, and the families of such members, throughout the deployment cycle. Such programs may include the provision of access to outreach services, including the following:

added “(1) Employment counseling.

added “(2) Behavioral health counseling.

added “(3) Suicide prevention.

added “(4) Housing advocacy.

added “(5) Financial counseling.

added “(6) Referrals for the receipt of other related services.”

added Section 1175a(j) of title 10, United States Code, is amended—

added “(4) This subsection shall not apply to a member who—

added “(A) is involuntarily recalled to active duty or full-time National Guard duty; and

added “(B) in the course of such duty, incurs a service-connected disability rating of total under section 1155 of title 38.”

added Section 1408 of title 10, United States Code, is amended—

added The Secretary of Defense shall encourage the military departments to transition training manuals, emergency guidance, and other publications needed to train members of the Armed Forces to applications on mobile telephones that use innovative technologies and provide for interaction between trainees and information needed to complete training in a manner that is cost efficient.

added Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3937(b)(1)) is amended to read as follows:

added “(1) Proof of military service

added “(A) In general—Not later than 180 days after the date of a servicemember's termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—

added “(i) the military orders calling the servicemember to military service and any orders further extending military service; or

added “(ii) any other appropriate indicator of military service, including a certified letter from a commanding officer.

added “(B) Independent verification by creditor

added “(i) In general—Regardless of whether a servicemember has provided to a creditor the written notice and documentation under subparagraph (A), the creditor may use, in lieu of such notice and documentation, information retrieved from the Defense Manpower Database Center through the creditor’s normal business reviews of the Database Center for purposes of obtaining information indicating that the servicemember is on active duty.

added “(ii) Safe harbor—A creditor that uses the information retrieved from the Defense Manpower Database Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if—

added “(I) such information indicates that, on the date the creditor retrieves such information, the servicemember is not on active duty; and

added “(II) the creditor has not, as of such date, received the written notice and documentation required under subparagraph (A) with respect to the servicemember.”

added It is the sense of Congress that—

added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, using the most recent data available to the Secretary, shall reevaluate the basic housing allowance prescribed under section 403(b) of title 37, United States Code, for the military housing area that includes Staten Island, New York.

added “(4) for each of 6 days in connection with the taking by the member of a period of maternity leave.”

added “(F) Points at the rate of 12 a year for the taking of maternity leave.”

added “(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”

added Section 1448(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph (H):

added “(H) Election of new beneficiary by terminally ill participant

added “(i) Authority for election—A participant in the Plan may elect a new beneficiary if the Secretary concerned determines that the participant is terminally ill. Any such beneficiary must be a natural person with an insurable interest in the participant.

added “(ii) Procedures—Such an election shall be in writing, signed by the participant, and made in such form and manner as the Secretary concerned may prescribe. Such an election shall be effective the first day of the first month following the month in which the election is received by the Secretary.”

added “2569. Fitness centers: access for veterans

added “(a) In general—Subject to subsection (b), the Secretary of a military department may grant veterans access to a fitness center that—

added “(1) is under the jurisdiction of such Secretary; and

added “(2) is operated by a geographically separated unit that is located not less than 100 miles from the supporting base of such unit.

added “(b) Factors for consideration—In determining whether to grant veterans access to a fitness center under subsection (a), the Secretary concerned shall consider—

added “(1) whether the commander who oversees the fitness center has determined—

added “(A) that such fitness center has the capacity and infrastructure required to support veterans; and

added “(B) that granting veterans such access would not impede the readiness of members of the armed forces on active duty who use the fitness center;

added “(2) the effect that granting veterans such access would have on the operating and maintenance expenses of the fitness center; and

added “(3) any additional criteria determined by the Secretary concerned.

added “(c) Definition—In this section, the term “veteran” has the meaning given such term in section 101 of title 38.”

added “1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans

added “(a) Eligibility of veterans awarded the Purple Heart—A veteran who was awarded the Purple Heart shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

added “(b) Eligibility of veterans who are Medal of Honor recipients—A veteran who is a Medal of Honor recipient shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

added “(c) Eligibility of veterans who are former prisoners of war—A veteran who is a former prisoner of war shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

added “(d) Eligibility of veterans with service-Connected disabilities—A veteran with a service-connected disability shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

added “(e) Eligibility of caregivers for veterans—A caregiver or family caregiver shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

added “(f) User fee authority

added “(1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility.

added “(2) The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses related to card network use and related transaction processing fees.

added “(3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury.

added “(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title.

added “(g) Definitions—In this section:

added “(1) The term MWR facilities includes—

added “(A) MWR retail facilities, as that term is defined in section 1063(e) of this title; and

added “(B) military lodging operated by the Department of Defense for the morale, welfare, and recreation of members of the armed forces.

added “(2) The term “Medal of Honor recipient” has the meaning given that term in section 1074h(c) of this title.

added “(3) The terms veteran, “former prisoner of war”, and “service-connected” have the meanings given those terms in section 101 of title 38.

added “(4) The terms “caregiver” and “family caregiver” have the meanings given those terms in section in section 1720G(d) of title 38.”

added Section 1074m(a)(1)(B) of title 10, United States Code, is amended by striking “Until January 1, 2019, once” and inserting “Once”.

added Section 1145(a)(6)(B)(i) of title 10, United States Code, is amended—

added “(II) chronic pain management services, including counseling and treatment of co-occurring mental health disorders and alternatives to opioid analgesics; and”

added The Secretary of Defense may develop a burn patient transfer system, including any required hardware and software, that would provide a platform for reporting immediate and surge bed availability and that would electronically match patient acuity with open beds at other military and civilian burn centers.

added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report outlining the corrective actions that were taken based on the results of the Initial Operational Test and Evaluation Report prior to fielding the electronic health record system known as MHS Genesis to additional military medical treatment facilities beyond such facilities participating in the initial operational testing and evaluation of MHS Genesis.

added Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report containing a study of the health effects of the live-fire training at Vieques Naval Training Range conducted by the Navy before 2002 and other activities of the Armed Forces on the island of Vieques, Puerto Rico. The study shall include a comprehensive analysis of the following:

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—

added The Secretary of Defense shall transmit to the Secretary of Veterans Affairs a report detailing lessons learned by the Secretary of Defense with respect to successfully remediating concerns found during the initial operational testing and evaluation of the electronic health record system known as MHS Genesis.

added The Secretary of Defense shall prepare and submit a report to congressional defense committees regarding the actions the Department of Defense is taking to prevent and treat opioid use among the dependents of members of the Armed Forces. Such report shall include how information is shared between military medical treatment facilities across the country, what counseling services are available to dependents and how such services are publicized, and a plan for intervention strategies to prevent opioid use and abuse.

added In awarding contracts for telecommunication services or installation of telecommunication infrastructure on military installations located in the United States or its territories, the Secretary of Defense shall give preference to American-owned and -operated companies.

added It is the sense of Congress that design, manufacturing, and repair of the technology in unmanned ground vehicles is critical to national security. To that end, the national technology and industrial base periodic defense capability assessments required under section 2505 of title 10, United States Code, as well as the national security strategy for the national technology and industrial base required under section 2501 of such title, should include the unmanned ground vehicles industry.

added “(g) SCORE program—There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $10,500,000 in each of fiscal years 2018 and 2019.”

added “(c) SCORE program

added “(1) Definition—In this subsection:

added “(A) SCORE Association—The term SCORE Association means the Service Corps of Retired Executives Association or any successor or other organization who receives a grant from the Administrator to operate the SCORE program under paragraph (2)(A).

added “(B) SCORE program—The term SCORE program means the SCORE program authorized by subsection (b)(1)(B).

added “(2) Management and volunteers

added “(A) In general—The Administrator shall provide a grant to the SCORE Association to manage the SCORE program.

added “(B) Volunteers—A volunteer participating in the SCORE program shall—

added “(i) based on the business experience and knowledge of the volunteer—

added “(I) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and

added “(II) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and

added “(ii) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program.

added “(3) Plans and goals—The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program.

added “(4) Annual report—The SCORE Association shall submit to the Administrator an annual report that contains—

added “(A) the number of individuals counseled or trained under the SCORE program;

added “(B) the number of hours of counseling provided under the SCORE program; and

added “(C) to the extent possible—

added “(i) the number of small business concerns formed with assistance from the SCORE program;

added “(ii) the number of small business concerns expanded with assistance from the SCORE program; and

added “(iii) the number of jobs created with assistance from the SCORE program.

added “(5) Privacy requirements

added “(A) In general—Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless—

added “(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or

added “(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit.

added “(B) Administrator use of information—This paragraph shall not—

added “(i) restrict the access of the Administrator to program activity data; or

added “(ii) prevent the Administrator from using client information to conduct client surveys.

added “(C) Standards

added “(i) In general—The Administrator shall, after the opportunity for notice and comment, establish standards for—

added “(I) disclosures with respect to financial audits under subparagraph (A)(ii); and

added “(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information.

added “(ii) Maximum privacy protection—The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection.”

added “(6) Online component—In carrying out this subsection, the SCORE Association shall make use of online counseling, including by developing and implementing webinars and an electronic mentoring platform to expand access to services provided under this subsection and to further support entrepreneurs.”

added “(4) the term “SCORE program” means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));”

added Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following new subsection:

added “(tt) Commercialization assistance pilot programs

added “(1) Pilot programs implemented

added “(A) In general—Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award.

added “(B) Exception—If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection.

added “(2) Percent of agency funds—The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program.

added “(3) Termination—A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022.

added “(4) Application—To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including—

added “(A) an updated Phase II commercialization plan; and

added “(B) the source and amount of the matching funding required under paragraph (5).

added “(5) Matching funding

added “(A) In general—The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor.

added “(B) Ineligible sources—An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A).

added “(6) Award—A subsequent Phase II SBIR award made to an eligible entity under this subsection—

added “(A) may not exceed the limitation described under subsection (aa)(1); and

added “(B) shall be disbursed during Phase II.

added “(7) Use of funds—The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity’s Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization.

added “(8) Selection—In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider—

added “(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity’s Phase II program;

added “(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research;

added “(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits;

added “(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award;

added “(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and

added “(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit.

added “(9) Evaluation Report—Not later than 3 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including—

added “(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection;

added “(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs;

added “(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient;

added “(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program;

added “(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff);

added “(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program;

added “(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection;

added “(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding;

added “(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and

added “(J) recommendations for improvements to the commercialization assistance pilot program.

added “(10) Definitions—For purposes of this subsection:

added “(A) Covered agency—The term covered agency means a Federal agency required to have an SBIR program.

added “(B) Eligible entity—The term eligible entity means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award.

added “(C) Eligible third-party investor—The term eligible third-party investor means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof.

added “(D) Ineligible sources—The term ineligible sources means the following:

added “(i) The eligible entity’s internal research and development funds.

added “(ii) Funding in forms other than cash, such as in-kind or other intangible assets.

added “(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners.

added “(iv) Funding attained through loans or other forms of debt obligations.

added “(E) Subsequent Phase II SBIR award—The term subsequent Phase II SBIR award means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.”

added “(ee) Puerto Rico business—In this Act, the term Puerto Rico business means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.”

added “(w) Small business credit for Puerto Rico businesses

added “(1) Credit for meeting contracting goals—If an agency awards a prime contract to Puerto Rico business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.

added “(2) Report—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”

added “(iii)

added “(I) In this clause, the term covered period means the period beginning on the date of enactment of this clause and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates.

added “(II) The Administrator may transfer technology or surplus property under clause (i) to a Puerto Rico business if the Puerto Rico business meets the requirements for such a transfer, without regard to whether the Puerto Rico business is a Program Participant.”

added “(3) Puerto Rico businesses—During the period beginning on the date of enactment of this paragraph and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—

added “(A) positive consideration in any past performance evaluation of the covered mentor;

added “(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor; and

added “(C) such other incentives as the Administrator determines appropriate.”

added “(4) Covered mentor—The term covered mentor means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.

added “(5) Covered protege—The term covered protege means a protege of a covered mentor that is a Puerto Rico business.”

added “(ee) United States Virgin Islands business—In this Act, the term United States Virgin Islands business means a small business concern that has its principal office located in the United States Virgin Islands.”

added “(w) Small business credit for United States Virgin Islands businesses

added “(1) Credit for meeting contracting goals—If an agency awards a prime contract to United States Virgin Islands business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.

added “(2) Report—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”

added “(iii)

added “(I) In this clause, the term covered period means the period beginning on the date of enactment of this clause and ending on the date that is 3 years after such date of enactment.

added “(II) The Administrator may transfer technology or surplus property under clause (i) to a United States Virgin Islands business during the covered period if the such business meets the requirements for such a transfer, without regard to whether such business is a Program Participant.”

added “(3) United States Virgin Islands businesses—During the period beginning on the date of enactment of this paragraph and ending on the date that is 3 years after such date of enactment, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—

added “(A) positive consideration in any past performance evaluation of the covered mentor;

added “(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor; and

added “(C) such other incentives as the Administrator determines appropriate.”

added “(4) Covered mentor—The term covered mentor means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.

added “(5) Covered protege—The term covered protege means a protege of a covered mentor that is a United States Virgin Islands business.”

added “(i) to qualified employee trusts”

added “(ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.”

added “(iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)—

added “(I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and

added “(II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.”

added “(F) A small business concern that makes a loan to a qualified employee trust under subparagraph (A)(ii) is not required to contain the same terms and conditions as the loan made to the small business concern that is guaranteed by the Administration under such subparagraph.

added “(G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.”

added “(35) Loans to cooperatives

added “(A) Definition—In this paragraph, the term cooperative means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation.

added “(B) Authority—The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15).”

added “(U) encouraging and assisting the provision of succession planning to small business concerns with a focus on transitioning to cooperatives, as defined in section 7(a)(35), and qualified employee trusts (collectively referred to in this subparagraph as employee-owned business concerns), including by—

added “(i) providing training to individuals to promote the successful management, governance, or operation of a business purchased by those individuals in the formation of an employee-owned business concern;

added “(ii) assisting employee-owned business concerns that meet applicable size standards established under section 3(a) with education and technical assistance with respect to financing and contracting programs administered by the Administration;

added “(iii) coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees;

added “(iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and

added “(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.”

added “(i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made—

added “(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and

added “(II) to cooperatives;

added “(ii) the total number of financings made to employee-owned business concerns by companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 696(c)), including the number of financings made—

added “(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and

added “(II) to cooperatives; and

added “(iii) any outreach and educational activities conducted by the Administration with respect to employee-owned business concerns.”

added “(ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of the Internal Revenue Code of 1986), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the Internal Revenue Code of 1986; and”

added “(f) Boots to Business Program

added “(1) Definitions—In this subsection—

added “(A) the term covered individual means—

added “(i) a member of the Armed Forces, including the National Guard or Reserves;

added “(ii) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;

added “(iii) an individual who—

added “(I) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and

added “(II) was discharged or released from such service under conditions other than dishonorable; and

added “(iv) a spouse or dependent of an individual described in clause (i), (ii), or (iii); and

added “(B) the term Vet Center has the meaning given in section 1712A(h) of title 38, United States Code.

added “(2) Establishment—The Administrator shall carry out a program to be known as the “Boots to Business Program” to provide entrepreneurship training to covered individuals.

added “(3) Goals—The goals of the Boots to Business Program are to—

added “(A) provide assistance and in-depth training to covered individuals interested in business ownership; and

added “(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and launch a small business concern.

added “(4) Program components

added “(A) In general—The Boots to Business Program may include—

added “(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;

added “(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;

added “(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and

added “(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.

added “(B) Collaboration—The Administrator may—

added “(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and

added “(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).

added “(C) Utilization of resource partners

added “(i) In general—The Administrator shall—

added “(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and

added “(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.

added “(ii) Grant authority—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.

added “(D) Availability to Department of Defense—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials created for the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.

added “(E) Availability to Veterans Affairs—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available outreach materials regarding the Boots to Business Program for distribution and display at local facilities of the Department of Veterans Affairs which shall, at a minimum—

added “(i) describe the Boots to Business Program and the services provided; and

added “(ii) include eligibility requirements for participating in the Boots to Business Program.

added “(5) Review—The Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report regarding the awarding of grants to entities under paragraph (4)(C).

added “(6) Report—Not later than 180 days after the date of enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—

added “(A) the number of program participants using each component of the Boots to Business Program;

added “(B) the completion rates for each component of the Boots to Business Program;

added “(C) to the extent possible—

added “(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;

added “(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;

added “(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;

added “(iv) the number of jobs created with assistance under the Boots to Business Program;

added “(v) the number of referrals to other resources and programs of the Administration;

added “(vi) the number of program participants receiving financial assistance under loan programs of the Administration;

added “(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and

added “(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;

added “(D) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;

added “(E) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;

added “(F) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;

added “(G) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and

added “(H) any additional information the Administrator determines necessary.”

added “48. Use of authorized entrepreneurial development programs

added “(a) Expanded support for entrepreneurs

added “(1) In general—Notwithstanding any other provision of law, the Administrator shall only deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training through a program authorized under—

added “(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, or 32 of this Act; or

added “(B) sections 358 or 389 of the Small Business Investment Act of 1958.

added “(2) Exception—This section shall not apply to services provided to assist small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)).

added “(b) Annual report—Beginning on the first December 1 after the date of the enactment of this subsection, the Administrator shall annually report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development activities undertaken in the current fiscal year through a program described in subsection (a). Such report shall include—

added “(1) a description and operating details for each program and activity;

added “(2) operating circulars, manuals, and standard operating procedures for each program and activity;

added “(3) a description of the process used to award grants under each program and activity;

added “(4) a list of all awardees, contractors, and vendors (including organization name and location) and the amount of awards for the current fiscal year for each program and activity;

added “(5) the amount of funding obligated for the current fiscal year for each program and activity; and

added “(6) the names and titles for those individuals responsible for each program and activity.”

added “(o) No prohibition of marketing of services—The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals and small business concerns.”

added “(p) Annual report on data collection—The Administrator shall report annually to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on any data collection activities related to the Small Business Development Center Program.”

added “(D) Fees from private partnerships and cosponsorships—A small business development center that participates in a private partnership or cosponsorship with the Administration shall not be prohibited from collecting fees or other income related to the operation of such a private partnership or cosponsorship.”

added “(I) In general—Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).”

added “(q) Limitation on award of grants—Except for not-for-profit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award grants (including contracts and cooperative agreements) under this section to any entity other than those that received grants (including contracts and cooperative agreements) under this section prior to the date of the enactment of this subsection, and that seek to renew such grants (including contracts and cooperative agreements) after such date.”

added Section 865(b)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 31 U.S.C. 1535 note) is amended—

added Section 3306(c) of title 41, United States Code, is amended—

added “(3) Exceptions for certain indefinite delivery, indefinite quantity multiple-award contracts and certain Federal Supply Schedule contracts for services acquired on an hourly rate—If an executive agency issues a solicitation for one or more contracts for services to be acquired on an hourly rate basis under the authority of sections 4103 and 4106 of this title or section 152(3) of this title and section 501(b) of title 40 and the executive agency intends to make a contract award to each qualifying offeror and the contract or contracts will feature individually competed task or delivery orders based on hourly rates—

added “(A) the contracting officer need not consider price as an evaluation factor for contract award; and

added “(B) if, pursuant to subparagraph (A), price is not considered as an evaluation factor for contract award—

added “(i) the disclosure requirement of subparagraph (C) of paragraph (1) shall not apply; and

added “(ii) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to sections 4106(c) and 152(3) of this title of any task or delivery order under any contract resulting from the solicitation.

added “(4) Definition—In paragraph (3), the term “qualifying offeror” means an offeror that—

added “(A) is determined to be a responsible source;

added “(B) submits a proposal that conforms to the requirements of the solicitation;

added “(C) meets all technical requirements; and

added “(D) is otherwise eligible for award.”