[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3056 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3056
To improve commercialization activities in the SBIR and STTR programs,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Ms. Houlahan (for herself and Mr. Balderson) introduced the following
bill; which was referred to the Committee on Small Business, and in
addition to the Committees on Science, Space, and Technology, and the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve commercialization activities in the SBIR and STTR programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research Advancing to Market
Production for Innovators Act''.
SEC. 2. IMPROVEMENTS TO COMMERCIALIZATION SELECTION.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638) is amended--
(1) in subsection (g)--
(A) in paragraph (4)(B)(i), by striking ``1 year''
and inserting ``180 days'';
(B) in paragraph (16), by striking ``and'' at the
end;
(C) in paragraph (17), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(18) with respect to peer review carried out under the
SBIR program, to the extent practicable, include in the peer
review--
``(A) the likelihood of commercialization in
addition to scientific and technical merit and
feasibility; and
``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';
(2) in subsection (o)--
(A) in paragraph (4)(B)(i), by striking ``1 year''
and inserting ``180 days'';
(B) in paragraph (20), by striking ``and'' at the
end;
(C) in paragraph (21), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(22) with respect to peer review carried out under the
STTR program, to the extent practicable, include in the peer
review--
``(A) the likelhood of commercialization in
addition to scientific and technical merit and
feasibility; and
``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';
(3) in subsection (cc)--
(A) by striking ``During fiscal years 2012 through
2025, the National Institutes of Health, the Department
of Defense, and the Department of Education'' and
inserting the following:
``(1) In general.--During fiscal years 2024 through 2029,
each Federal agency with an SBIR or STTR program''; and
(B) by adding at the end the following:
``(2) Limitation.--The total value of awards provided by a
Federal agency under this subsection in a fiscal year shall
be--
``(A) except as provided in subparagraph (B), not
more than 10 percent of the total funds allocated to
the SBIR and STTR programs of the Federal agency during
that fiscal year; and
``(B) with respect to the National Institutes of
Health, not more than 15 percent of the total funds
allocated to the SBIR and STTR programs of the National
Institutes of Health during that fiscal year.
``(3) Extension.--During fiscal years 2028 and 2029, each
Federal agency with an SBIR or STTR program may continue phase
flexibility as described in this subsection only if the reports
required under subsection (tt)(1) have been submitted to the
appropriate committees.'';
(4) in subsection (hh)(2)(A)(i), by inserting ``application
process and requirements'' after ``simplified and
standardized''; and
(5) by adding at the end the following:
``(yy) Technology Commercialization Official.--Each Federal agency
participating in the SBIR or STTR program shall designate a Technology
Commercialization Official in the Federal agency, who shall--
``(1) have sufficient commercialization experience;
``(2) provide assistance to SBIR and STTR program awardees
in commercializing and transitioning technologies;
``(3) identify SBIR and STTR program technologies with
sufficient technology and commercialization readiness to
advance to Phase III awards or other non-SBIR or STTR program
contracts;
``(4) coordinate with the Technology Commercialization
Officials of other Federal agencies to identify additional
markets and commercialization pathways for promising SBIR and
STTR program technologies;
``(5) submit to the Administration an annual report on the
number of technologies from the SBIR or STTR program that have
advanced commercialization activities, including information
required in the commercialization impact assessment under
subsection (aaa);
``(6) submit to the Administration an annual report on
actions taken by the Federal agency, and the results of those
actions, to simplify, standardize, and expedite the application
process and requirements, procedures, and contracts as required
under subsection (hh) and described in subsection (aaa)(1)(E);
and
``(7) carry out such other duties as the Federal agency
determines necessary.''.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Small Business 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 summarizing the metrics relating to and an evaluation
of the authority provided under section 9(cc) of the Small Business
Act, as amended by subsection (a), which shall include the size and
location of the small business concerns receiving awards under the SBIR
or STTR program.
SEC. 3. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE;
COMMERCIALIZATION IMPACT ASSESSMENT; PATENT ASSISTANCE.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
section 2, is amended--
(1) in subsection (q)--
(A) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by striking ``may enter into an
agreement with 1 or more vendors selected under
paragraph (2)(A)'' and inserting ``shall
authorize recipients of awards under the SBIR
or STTR program to select, if desired,
commercialization activities provided under
subparagraph (A), (B), or (C) of paragraph
(2)''; and
(ii) by inserting ``, cybersecurity
assistance'' after ``intellectual property
protections'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Staff.--A small business concern may, by
contract or otherwise, use funding provided under this
section to hire new staff, augment staff, or direct
staff to conduct or participate in training activities
consistent with the goals listed in paragraph (1).'';
(C) in paragraph (3), by striking subparagraphs (A)
and (B) and inserting the following:
``(A) Phase i.--A Federal agency described in
paragraph (1) shall authorize a recipient of a Phase I
SBIR or STTR award to utilize not more than $6,500 per
project, included as part of the award of the recipient
or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph
(1)--
``(i) provided through a vendor selected
under paragraph (2)(A);
``(ii) provided through a vendor other than
a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities
described in paragraph (2)(C); or
``(iv) provided or achieved through any
combination of clauses (i), (ii), and (iii).
``(B) Phase ii.--A Federal agency described in
paragraph (1) shall authorize a recipient of a Phase II
SBIR or STTR award to utilize not more than $50,000 per
project, included as part of the award of the recipient
or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph
(1)--
``(i) provided through a vendor selected
under paragraph (2)(A);
``(ii) provided through a vendor other than
a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities
described in paragraph (2)(C); or
``(iv) provided or achieved through any
combination of clauses (i), (ii), and (iii).'';
and
(D) by adding at the end the following:
``(5) Targeted review.--A Federal agency may perform
targeted reviews of technical and business assistance funding
as described in subsection (mm)(1)(F).''; and
(2) by adding at the end the following:
``(zz) I-Corps Participation.--
``(1) In general.--Each Federal agency that is required to
conduct an SBIR or STTR program with an Innovation Corps
(commonly known as `I-Corps') program shall--
``(A) provide an option for participation in an I-
Corps teams course by recipients of an award under the
SBIR or STTR program; and
``(B) authorize the recipients described in
subparagraph (A) to use an award provided under
subsection (q) to provide additional technical
assistance for participation in the I-Corps teams
course.
``(2) Cost of participation.--The cost of participation by
a recipient described in paragraph (1)(A) in an I-Corps course
may be provided by--
``(A) an I-Corps team grant;
``(B) funds awarded to the recipient under
subsection (q);
``(C) the participating teams or other sources as
appropriate; or
``(D) any combination of sources described in
subparagraphs (A), (B), and (C).
``(aaa) Commercialization Impact Assessment.--
``(1) In general.--The Administrator shall coordinate with
each Federal agency with an SBIR or STTR program to develop an
annual commercialization impact assessment report of the
Federal agency, which shall measure, for the 5-year period
preceding the report--
``(A) for Phase II contracts--
``(i) the total amount of sales of new
products and services to the Federal Government
or other commercial markets;
``(ii) the total outside investment from
partnerships, joint ventures, or other private
sector funding sources;
``(iii) the total number of technologies
licensed to other companies;
``(iv) the total number of acquisitions of
small business concerns participating in the
SBIR program or the STTR program that are
acquired by other entities;
``(v) the total number of new spin-out
companies;
``(vi) the total outside investment from
venture capital or angel investments;
``(vii) the total number of patent
applications;
``(viii) the total number of patents
acquired;
``(ix) the year of first Phase I award and
the total number of employees at time of first
Phase I award;
``(x) the total number of employees from
the preceding completed year; and
``(xi) the percent of revenue, as of the
date of the report, generated through SBIR or
STTR program funding;
``(B) the total number and value of subsequent
Phase II awards, as described in subsection (bb),
awarded for each particular project or technology;
``(C) the total number and value of Phase III
awards awarded subsequent to a Phase II award;
``(D) the total number and value of non-SBIR and
STTR program Federal awards and contracts; and
``(E) actions taken by the Federal agency, and the
results of those actions, relating to developing a
simplified and standardized application process and
requirements, procedures, and model contracts
throughout the Federal agency for Phase I, Phase II,
and Phase III SBIR program awards in subsection (hh).
``(2) Publication.--A commercialization impact assessment
report described in paragraph (1) of a Federal agency shall
be--
``(A) included in the annual report of the Federal
agency required under this section; and
``(B) published on the website of the
Administration.
``(bbb) Patent Assistance.--
``(1) Definitions.--In this subsection--
``(A) the term `Director' means the Under Secretary
of Commerce for Intellectual Property and Director of
the USPTO; and
``(B) the term `USPTO' means the United States
Patent and Trademark Office.
``(2) Assistance.--
``(A) In general.--The Administrator shall enter
into an interagency agreement with the Director under
which the Director shall assist recipients of an award
under the SBIR or STTR program (in this paragraph
referred to as `SBIR and STTR recipients') relating to
intellectual property protection by establishing a
prioritized patent examination program for SBIR and
STTR recipients.
``(B) Program details.--The program established by
the Director under subparagraph (A) shall have the
following characteristics:
``(i) The program shall incorporate all
existing (as of the date on which the Director
establishes the program) benefits under the
procedures for prioritized examination
described in section 11(h) of the Leahy-Smith
America Invents Act (35 U.S.C. 41 note).
``(ii) Under the program, with respect to
prioritized examination, an SBIR or STTR
recipient shall not be required to pay any
prioritized examination fee or processing fee
otherwise required under section 11(h) of the
Leahy-Smith America Invents Act (35 U.S.C. 41
note).
``(iii) Under the program, the Director
shall ensure that, of the total number of
requests for prioritized examination accepted
by the USPTO in a fiscal year, the greater of
the following shall be reserved for prioritized
examinations for SBIR and STTR recipients:
``(I) 5 percent of the total number
of such requests that may be accepted
during that fiscal year.
``(II) 500 requests for prioritized
examination.
``(iv) Under the program, the Director may
not grant more than 2 prioritized examination
requests to any individual recipient.
``(v) Under the program, the Director may
increase the number of requests for prioritized
examination that may be accepted in any fiscal
year (as described in section 1.102(e) of title
37, Code of Federal Regulations, or any
successor regulation) by the number determined
under clause (iii) for that fiscal year.
``(C) Rules.--The Director shall issue rules to
carry out the prioritized patent examination program
established under this paragraph.
``(3) Outreach.--The Administrator shall coordinate with
the Director to provide outreach regarding the Pro Se
Assistance Program of, and scam prevention services provided
by, the USPTO.''.
<all>