[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4336. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REPORT ON FOREIGN INVESTMENT IN SBIR AND STTR 
                   FIRMS.

       (a) Definitions.--In this section, the terms ``Phase I'', 
     ``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the 
     meanings given those terms in section 9(e) of the Small 
     Business Act (15 U.S.C. 638(e)).
       (b) Report Required.--Not later than 1 year after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report regarding 
     foreign investment in SBIR and STTR awardees.
       (c) Elements.--The report required under subsection (b) 
     shall, to the extent practicable, include an assessment of--
       (1) the pervasiveness of foreign investment in firms 
     receiving SBIR and STTR awards, including--
       (A) the number or percentage of those firms that have 
     accepted foreign investment before receiving such an award or 
     during the performance of such an award; and
       (B) the number or percentage of those firms in which 
     foreign individuals or entities have a minority ownership 
     stake;
       (2) the extent to which SBIR and STTR awardees are being 
     targeted by foreign investors, including investors with ties 
     to the People's Republic of China or the Russian Federation, 
     for additional funding or investment before, during, or after 
     concluding Phase I, Phase II, or Phase III;
       (3) the extent to which former SBIR and STTR awardees are 
     conducting final-stage research and product commercialization 
     outside of the United States;
       (4) the extent to which SBIR and STTR awardees are 
     experiencing or have experienced theft of Government-funded 
     research and development by foreign investors or actors;
       (5) the extent to which existing ownership disclosure 
     requirements are effective in protecting Federal research and 
     development funds from theft or foreign transfer;
       (6) the extent to which SBIR and STTR awardees being 
     targeted by foreign investors poses supply chain risks and 
     threats to the national security of the United States;
       (7) recommendations for further protecting Federal research 
     and development funds from foreign theft or influence; and
       (8) recommendations for protecting SBIR and STTR awardees 
     from foreign targeting or theft of the intellectual property 
     of those awardees.
                                 ______