H. R. 2810—522 
result of the purchase, would no longer be deemed 
to be small business concerns for purposes of the 
initial contract; and 
‘‘(VI) that were awarded using a procurement 
method that restricted competition to small busi-
ness concerns owned and controlled by service- 
disabled veterans, qualified HUBZone small busi-
ness concerns, small business concerns owned and 
controlled by socially and economically disadvan-
taged individuals, small business concerns owned 
and controlled by women, or a subset of any such 
concerns;’’; 
(2) in clause (ii)— 
(A) in subclause (IV), by striking ‘‘and’’ at the end; 
and 
(B) by adding at the end the following new subclauses: 
‘‘(VI) that were purchased by another entity 
after the initial contract was awarded and as a 
result of the purchase, would no longer be deemed 
to be small business concerns owned and controlled 
by service-disabled veterans for purposes of the 
initial contract; and 
‘‘(VII) that were awarded using a procurement 
method that restricted competition to qualified 
HUBZone small business concerns, small business 
concerns owned and controlled by socially and 
economically disadvantaged individuals, small 
business concerns owned and controlled by women, 
or a subset of any such concerns;’’; 
(3) in clause (iii)— 
(A) in subclause (V), by striking ‘‘and’’ at the end; 
and 
(B) by adding at the end the following new subclauses: 
‘‘(VII) that were purchased by another entity 
after the initial contract was awarded and as a 
result of the purchase, would no longer be deemed 
to be qualified HUBZone small business concerns 
for purposes of the initial contract; and 
‘‘(VIII) that were awarded using a procure-
ment method that restricted competition to small 
business concerns owned and controlled by service- 
disabled veterans, small business concerns owned 
and controlled by socially and economically dis-
advantaged individuals, small business concerns 
owned and controlled by women, or a subset of 
any such concerns;’’; 
(4) in clause (iv)— 
(A) in subclause (V), by striking ‘‘and’’ at the end; 
and 
(B) by adding at the end the following new subclauses: 
‘‘(VII) that were purchased by another entity 
after the initial contract was awarded and as a 
result of the purchase, would no longer be deemed 
to be small business concerns owned and controlled 
by 
socially 
and 
economically 
disadvantaged 
individuals for purposes of the initial contract; and
H. R. 2810—523 
‘‘(VIII) that were awarded using a procure-
ment method that restricted competition to small 
business concerns owned and controlled by service- 
disabled veterans, qualified HUBZone small busi-
ness concerns, small business concerns owned and 
controlled by women, or a subset of any such con-
cerns;’’; 
(5) in clause (v)— 
(A) in subclause (IV), by striking ‘‘and’’ at the end; 
(B) in subclause (V), by inserting ‘‘and’’ at the end; 
and 
(C) by adding at the end the following new subclause: 
‘‘(VI) that were purchased by another entity 
after the initial contract was awarded and as a 
result of the purchase, would no longer be deemed 
to be small business concerns owned by an Indian 
tribe other than an Alaska Native Corporation 
for purposes of the initial contract;’’; 
(6) in clause (vi)— 
(A) in subclause (IV), by striking ‘‘and’’ at the end; 
(B) in subclause (V), by inserting ‘‘and’’ at the end; 
and 
(C) by adding at the end the following new subclause: 
‘‘(VI) that were purchased by another entity 
after the initial contract was awarded and as a 
result of the purchase, would no longer be deemed 
to be small business concerns owned by a Native 
Hawaiian Organization for purposes of the initial 
contract;’’; 
(7) in clause (vii)— 
(A) in subclause (IV), by striking ‘‘and’’ at the end; 
and 
(B) by adding at the end the following new subclause: 
‘‘(VI) that were purchased by another entity 
after the initial contract was awarded and as a 
result of the purchase, would no longer be deemed 
to be small business concerns owned by an Alaska 
Native Corporation for purposes of the initial con-
tract; and’’; and 
(8) in clause (viii)— 
(A) in subclause (VII), by striking ‘‘and’’ at the end; 
(B) in subclause (VIII), by striking ‘‘and’’ at the end; 
and 
(C) by adding at the end the following new subclauses: 
‘‘(IX) that were purchased by another entity 
after the initial contract was awarded and as a 
result of the purchase, would no longer be deemed 
to be small business concerns owned and controlled 
by women for purposes of the initial contract; and 
‘‘(X) that were awarded using a procurement 
method that restricted competition to small busi-
ness concerns owned and controlled by service- 
disabled veterans, qualified HUBZone small busi-
ness concerns, small business concerns owned and 
controlled by socially and economically disadvan-
taged individuals, or a subset of any such concerns; 
and’’.
H. R. 2810—524 
(b) EFFECTIVE DATE.—The Administrator of the Small Business 
Administration shall be required to report on the information 
required by clauses (i)(V), (ii)(VI), (iii)(VII), (iv)(VII), (v)(VI), (vi)(VI), 
(vii)(VI), and (viii)(IX) of section 15(h)(2)(E) of the Small Business 
Act (15 U.S.C. 644(h)(2)(E)) beginning on the date that such 
information is available in the Federal Procurement Data System, 
the System for Award Management, or any new or successor system. 
SEC. 1704. RESPONSIBILITIES OF BUSINESS OPPORTUNITY SPECIAL-
ISTS. 
Section 4(g) of the Small Business Act (15 U.S.C. 633(g)) is 
amended to read as follows: 
‘‘(g) BUSINESS OPPORTUNITY SPECIALISTS.— 
‘‘(1) DUTIES.—The exclusive duties of a Business Oppor-
tunity Specialist employed by the Administrator and reporting 
to the senior official appointed by the Administrator with 
responsibilities under sections 8, 15, 31, and 36 (or the designee 
of such official) shall be to implement sections 7, 8, and 45 
and to complete other duties related to contracting programs 
under this Act. Such duties shall include— 
‘‘(A) with respect to small business concerns eligible 
to receive contracts and subcontracts pursuant to section 
8(a)— 
‘‘(i) providing guidance, counseling, and referrals 
for assistance with technical, management, financial, 
or other matters that will improve the competitive 
viability of such concerns; 
‘‘(ii) identifying causes of success or failure of such 
concerns; 
‘‘(iii) providing comprehensive assessments of such 
concerns, including identifying the strengths and weak-
nesses of such concerns; 
‘‘(iv) monitoring and documenting compliance with 
the requirements of sections 7 and 8 and any regula-
tions implementing those sections; 
‘‘(v) explaining the requirements of sections 7, 8, 
15, 31, 36, and 45; and 
‘‘(vi) advising on compliance with contracting regu-
lations (including the Federal Acquisition Regulation) 
after award of such a contract or subcontract; 
‘‘(B) reviewing and monitoring compliance with mentor- 
protege agreements under section 45; 
‘‘(C) representing the interests of the Administrator 
and small business concerns in the award, modification, 
and administration of contracts and subcontracts awarded 
pursuant to section 8(a); and 
‘‘(D) reporting fraud or abuse under section 7, 8, 15, 
31, 36, or 45 or any regulations implementing such sections. 
‘‘(2) CERTIFICATION REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Consistent with the requirements 
of subparagraph (B), a Business Opportunity Specialist 
described under section 7(j)(10)(D) shall have a Level I 
Federal Acquisition Certification in Contracting (or any 
successor certification) or the equivalent Department of 
Defense certification. 
‘‘(B) DELAY OF CERTIFICATION REQUIREMENT.—The cer-
tification described in subparagraph (A) is not required—
H. R. 2810—525 
‘‘(i) for any person serving as a Business Oppor-
tunity Specialist on the date of the enactment of this 
subsection, until the date that is one calendar year 
after the date such person was appointed as a Business 
Opportunity Specialist; or 
‘‘(ii) for any person serving as a Business Oppor-
tunity Specialist on or before January 3, 2013, until 
January 3, 2020. 
‘‘(3) JOB POSTING REQUIREMENTS.—The duties and certifi-
cation requirements described in this subsection shall be 
included in any initial job posting for the position of a Business 
Opportunity Specialist.’’. 
SEC. 1705. RESPONSIBILITIES OF COMMERCIAL MARKET REPRESENTA-
TIVES. 
Section 4(h) of the Small Business Act (15 U.S.C. 633(h)) is 
amended to read as follows: 
‘‘(h) COMMERCIAL MARKET REPRESENTATIVES.— 
‘‘(1) DUTIES.—The principal duties of a commercial market 
representative employed by the Administrator and reporting 
to the senior official appointed by the Administrator with 
responsibilities under sections 8, 15, 31, and 36 (or the designee 
of the official) shall be to advance the policies established 
in section 8(d)(1) relating to subcontracting, including— 
‘‘(A) helping prime contractors to find small business 
concerns that are capable of performing subcontracts; 
‘‘(B) for contractors awarded contracts containing the 
clause described in section 8(d)(3), providing— 
‘‘(i) counseling on the responsibility of the con-
tractor to maximize subcontracting opportunities for 
small business concerns; 
‘‘(ii) instruction on methods and tools to identify 
potential subcontractors that are small business con-
cerns; and 
‘‘(iii) assistance to increase awards to subcontrac-
tors that are small business concerns through visits, 
training, and reviews of past performance; 
‘‘(C) providing counseling on how a small business 
concern may promote the capacity of the small business 
concern to contractors awarded contracts containing the 
clause described in section 8(d)(3); and 
‘‘(D) conducting periodic reviews of contractors awarded 
contracts containing the clause described in section 8(d)(3) 
to assess compliance with subcontracting plans required 
under section 8(d)(6). 
‘‘(2) CERTIFICATION REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Consistent with the requirements 
of subparagraph (B), a commercial market representative 
referred to in section 15(q)(3) shall have a Level I Federal 
Acquisition Certification in Contracting (or any successor 
certification) or the equivalent Department of Defense cer-
tification. 
‘‘(B) DELAY OF CERTIFICATION REQUIREMENT.—The cer-
tification described in subparagraph (A) is not required— 
‘‘(i) for any person serving as a commercial market 
representative on the date of enactment of this sub-
section, until the date that is one calendar year after
H. R. 2810—526 
the date on which the person was appointed as a 
commercial market representative; or 
‘‘(ii) for any person serving as a commercial market 
representative on or before November 25, 2015, until 
November 25, 2020. 
‘‘(3) JOB POSTING REQUIREMENTS.—The duties and certifi-
cation requirements described in this subsection shall be 
included in any initial job posting for the position of a commer-
cial market representative.’’. 
SEC. 1706. MODIFICATION OF PAST PERFORMANCE PILOT PROGRAM 
TO INCLUDE CONSIDERATION OF PAST PERFORMANCE 
WITH ALLIES OF THE UNITED STATES. 
(a) IN GENERAL.—Section 8(d)(17) of the Small Business Act 
(15 U.S.C. 637(d)(17)) is amended— 
(1) in subparagraph (G)— 
(A) in clause (i), by inserting ‘‘and, set forth separately, 
the number of small business exporters,’’ after ‘‘small busi-
ness concerns’’; and 
(B) in clause (ii), by inserting ‘‘, set forth separately 
by applications from small business concerns and from 
small business exporters,’’ after ‘‘applications’’; and 
(2) by amending subparagraph (H) to read as follows: 
‘‘(H) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘appropriate official’ means— 
‘‘(I) a commercial market representative; 
‘‘(II) another individual designated by the senior 
official appointed by the Administrator with respon-
sibilities under sections 8, 15, 31, and 36; or 
‘‘(III) the Office of Small and Disadvantaged Busi-
ness Utilization of a Federal agency, if the head of 
the Federal agency and the Administrator agree; 
‘‘(ii) the term ‘defense item’ has the meaning given 
that term in section 38(j)(4)(A) of the Arms Export Control 
Act (22 U.S.C. 2778(j)(4)(A)); 
‘‘(iii) the term ‘major non-NATO ally’ means a country 
designated as a major non-NATO ally under section 517 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k); 
‘‘(iv) the term ‘past performance’ includes performance 
of a contract for a sale of defense items (under section 
38 of the Arms Export Control Act (22 U.S.C. 2778)) to 
the government of a member nation of North Atlantic 
Treaty Organization, the government of a major non-NATO 
ally, or the government of a country with which the United 
States has a defense cooperation agreement (as certified 
by the Secretary of State); and 
‘‘(v) the term ‘small business exporter’ means a small 
business concern that exports defense items under section 
38 of the Arms Export Control Act (22 U.S.C. 2778) to 
the government of a member nation of the North Atlantic 
Treaty Organization, the government of a major non-NATO 
ally, or the government of a country with which the United 
States has a defense cooperation agreement (as certified 
by the Secretary of State).’’. 
(b) TECHNICAL AMENDMENT.—Section 8(d)(17)(A) of the Small 
Business Act (15 U.S.C. 637(d)(17)(A)) is amended by striking ‘‘para-
graph 13(A)’’ and inserting ‘‘paragraph (13)(A)’’.
H. R. 2810—527 
SEC. 1707. NOTICE OF COST-FREE FEDERAL PROCUREMENT TECH-
NICAL ASSISTANCE IN CONNECTION WITH REGISTRATION 
OF SMALL BUSINESS CONCERNS ON PROCUREMENT 
WEBSITES OF THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—The Secretary of Defense shall establish 
procedures to ensure that any notice or direct communication 
regarding the registration of a small business concern on a website 
maintained by the Department of Defense relating to contracting 
opportunities contains information about cost-free Federal procure-
ment technical assistance services that are available through a 
procurement technical assistance program established under 
chapter 142 of title 10, United States Code. 
(b) SMALL BUSINESS CONCERN DEFINED.—The term ‘‘small busi-
ness concern’’ has the meaning given such term under section 
3 of the Small Business Act (15 U.S.C. 632). 
SEC. 1708. INCLUSION OF SBIR AND STTR PROGRAMS IN TECHNICAL 
ASSISTANCE. 
Subsection (c) of section 2418 of title 10, United States Code, 
is amended— 
(1) by striking ‘‘issued under’’ and inserting the following: 
‘‘issued— 
‘‘(1) under’’; 
(2) by striking ‘‘and on’’ and inserting ‘‘, and on’’; 
(3) by striking ‘‘requirements.’’ and inserting ‘‘requirements; 
and’’; and 
(4) by adding at the end the following new paragraph: 
‘‘(2) under section 9 of the Small Business Act (15 U.S.C. 
638), and on compliance with those requirements.’’. 
SEC. 1709. REQUIREMENTS RELATING TO COMPETITIVE PROCEDURES 
AND JUSTIFICATION FOR AWARDS UNDER THE SBIR AND 
STTR PROGRAMS. 
(a) IN GENERAL.—Section 9(r)(4) of the Small Business Act 
(15 U.S.C. 638(r)(4)) is amended by striking ‘‘shall issue Phase 
III awards’’ and inserting the following: ‘‘shall— 
‘‘(A) consider an award under the SBIR program or 
the STTR program to satisfy the requirements under sec-
tion 2304 of title 10, United States Code, and any other 
applicable competition requirements; and 
‘‘(B) issue, without further justification, Phase III 
awards’’. 
(b) CONFORMING AMENDMENTS.— 
(1) SMALL BUSINESS ACT.—Section 9(r) of the Small Busi-
ness Act (15 U.S.C. 638(r)) is amended— 
(A) in the subsection heading, by inserting ‘‘, COMPETI-
TIVE PROCEDURES, AND JUSTIFICATION FOR AWARDS’’ after 
‘‘AGREEMENTS’’; and 
(B) by amending the heading for paragraph (4) to read 
as follows: ‘‘COMPETITIVE PROCEDURES AND JUSTIFICATION 
FOR AWARDS’’. 
(2) TITLE 10.—Section 2304(f) of title 10, United States 
Code, is amended— 
(A) in paragraph (1), by inserting ‘‘and paragraph (6)’’ 
after ‘‘paragraph (2)’’; and 
(B) by adding at the end the following new paragraph:
H. R. 2810—528 
‘‘(6) The justification and approval required by paragraph 
(1) is not required in the case of a Phase III award made 
pursuant to section 9(r)(4) of the Small Business Act (15 U.S.C. 
638(r)(4)).’’. 
SEC. 1710. PILOT PROGRAM FOR STREAMLINED TECHNOLOGY TRANSI-
TION FROM THE SBIR AND STTR PROGRAMS OF THE 
DEPARTMENT OF DEFENSE. 
(a) DEFINITIONS.—In this section— 
(1) the terms ‘‘commercialization’’, ‘‘Federal agency’’, ‘‘Phase 
I’’, ‘‘Phase II’’, ‘‘Phase III’’, ‘‘SBIR’’, and ‘‘STTR’’ have the 
meanings given those terms in section 9(e) of the Small Busi-
ness Act (15 U.S.C. 638(e)); 
(2) the term ‘‘covered small business concern’’ means— 
(A) a small business concern that completed a Phase 
II award under the SBIR or STTR program of the Depart-
ment; or 
(B) a small business concern that— 
(i) completed a Phase I award under the SBIR 
or STTR program of the Department; and 
(ii) a contracting officer for the Department rec-
ommended for inclusion in a multiple award contract 
described in subsection (b); 
(1) the term ‘‘Department’’ means the Department of 
Defense; 
(2) the term ‘‘military department’’ has the meaning given 
the term in section 101 of title 10, United States Code; 
(3) the term ‘‘multiple award contract’’ has the meaning 
given the term in section 3302(a) of title 41, United States 
Code; 
(4) the term ‘‘pilot program’’ means the pilot program estab-
lished under subsection (b); and 
(5) the term ‘‘small business concern’’ has the meaning 
given the term in section 3 of the Small Business Act (15 
U.S.C. 632). 
(b) ESTABLISHMENT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall establish 
a pilot program under which the Department shall award multiple 
award contracts to covered small business concerns for the purchase 
of technologies, supplies, or services that the covered small business 
concern has developed through the SBIR or STTR program. 
(c) WAIVER OF COMPETITION IN CONTRACTING ACT REQUIRE-
MENTS.—The Secretary of Defense may establish procedures to 
waive provisions of section 2304 of title 10, United States Code, 
for purposes of carrying out the pilot program. 
(d) USE OF CONTRACT VEHICLE.—A multiple award contract 
described in subsection (b) may be used by any military department 
or component of the Department. 
(e) TERMINATION.—The pilot program established under this 
section shall terminate on September 30, 2023. 
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to prevent the commercialization of products and services 
produced by a small business concern under an SBIR or STTR 
program of a Federal agency through— 
(1) direct awards for Phase III of an SBIR or STTR pro-
gram; or 
(2) any other contract vehicle.
H. R. 2810—529 
SEC. 1711. PILOT PROGRAM ON STRENGTHENING MANUFACTURING 
IN THE DEFENSE INDUSTRIAL BASE. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense shall 
carry out a pilot program to assess the feasibility and advisability 
of increasing the capability of the defense industrial base to sup-
port— 
(1) production needs to meet military requirements; and 
(2) manufacturing and production of emerging defense and 
commercial technologies. 
(b) AUTHORITIES.—The Secretary shall carry out the pilot pro-
gram under the following: 
(1) Chapters 137 and 139 and sections 2371, 2371b, and 
2373 of title 10, United States Code. 
(2) Such other legal authorities as the Secretary considers 
applicable to carrying out the pilot program. 
(c) ACTIVITIES.—Activities under the pilot program may include 
the following: 
(1) Use of contracts, grants, or other transaction authorities 
to support manufacturing and production capabilities in small- 
and medium-sized manufacturers. 
(2) Purchases of goods or equipment for testing and certifi-
cation purposes. 
(3) Incentives, including purchase commitments and cost 
sharing with nongovernmental sources, for the private sector 
to develop manufacturing and production capabilities in areas 
of national security interest. 
(4) Issuing loans or providing loan guarantees to small- 
and medium-sized manufacturers to support manufacturing and 
production capabilities in areas of national security interest. 
(5) Giving awards to third party entities to support invest-
ments in small- and medium-sized manufacturers working in 
areas of national security interest, including debt and equity 
investments that would benefit missions of the Department 
of Defense. 
(6) Such other activities as the Secretary determines nec-
essary. 
(d) TERMINATION.—The pilot program shall terminate on the 
date that is four years after the date of the enactment of this 
Act. 
(e) BRIEFING REQUIRED.—No later than January 31, 2022, the 
Secretary of Defense shall provide a briefing to the Committees 
on Armed Services in the Senate and the House of Representatives 
on the results of the pilot program. 
SEC. 1712. REVIEW REGARDING APPLICABILITY OF FOREIGN OWNER-
SHIP, CONTROL, OR INFLUENCE REQUIREMENTS OF 
NATIONAL 
INDUSTRIAL 
SECURITY 
PROGRAM 
TO 
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE COMPA-
NIES. 
(a) REVIEW.—The Secretary of Defense, with the concurrence 
of the Secretary of State and after consultation with the Director 
of the Information Security Oversight Office, shall review whether 
organizations whose ownership or majority control is based in a 
country that is part of the national technology and industrial base 
should be exempted from one or more of the foreign ownership, 
control, or influence requirements of the National Industrial Secu-
rity Program.
H. R. 2810—530 
(b) AUTHORITY.—The Secretary of Defense may establish a pro-
gram to exempt organizations described under subsection (a) from 
one or more of the foreign ownership, control, or influence require-
ments of the National Industrial Security Program. Any such pro-
gram shall comply with the requirements of this subsection. 
(1) IN GENERAL.—Under a program established under this 
subsection, the Secretary, with the concurrence of the Secretary 
of State and after consultation with the Director of the Informa-
tion Security Oversight Office, shall maintain a list of organiza-
tions owned or controlled by a country that is part of the 
national technology and industrial base that are eligible for 
exemption from the requirements described under such sub-
section. 
(2) DETERMINATIONS
OF
ELIGIBILITY.—Under a program 
established under this subsection, the Secretary of Defense, 
with the concurrence of the Secretary of State and after con-
sultation with the Director of the Information Security Over-
sight Office, may (on a case-by-case basis and for the purpose 
of supporting specific needs of the Department of Defense) 
designate an organization whose ownership or majority control 
is based in a country that is part of the national technology 
and industrial base as exempt from the requirements described 
under subsection (a) upon a determination that such exemp-
tion— 
(A) is beneficial to improving collaboration within coun-
tries that are a part of the national technology and indus-
trial base; 
(B) is in the national security interest of the United 
States; and 
(C) will not result in a greater risk of the disclosure 
of classified or sensitive information consistent with the 
National Industrial Security Program. 
(3) EXERCISE OF AUTHORITY.—The authority under this sub-
section may be exercised beginning on the date that is the 
later of— 
(A) the date that is 60 days after the Secretary of 
Defense, in consultation with the Secretary of State and 
the Director of the Information Security Oversight Office, 
submits to the appropriate congressional committees a 
report summarizing the review conducted under subsection 
(a); and 
(B) the date that is 30 days after the Secretary of 
Defense, in consultation with the Secretary of State and 
the Director of the Information Security Oversight Office, 
submits to the appropriate congressional committees a writ-
ten notification of a determination made under paragraph 
(2), including a discussion of the issues related to the 
foreign ownership or control of the organization that were 
considered as part of the determination. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ has the meaning given 
the term in section 301 of title 10, United States Code. 
(2) NATIONAL
TECHNOLOGY
AND
INDUSTRIAL
BASE.—the 
term ‘‘national technology and industrial base’’ has the meaning 
given the term in section 2500 of title 10, United States Code.