[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4372-S4374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2127. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 end of subtitle H of title X, add the following:

     SEC. 1095. RESEARCH ADVANCING TO MARKET PRODUCTION FOR 
                   INNOVATORS ACT.

       (a) Improvements to Commercialization Selection.--
       (1) In general.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended--
       (A) in subsection (g)--
       (i) in paragraph (4)(B)(i), by striking ``1 year'' and 
     inserting ``180 days'';
       (ii) in paragraph (16), by striking ``and'' at the end;
       (iii) in paragraph (17), by striking the period at the end 
     and inserting ``; and''; and
       (iv) 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.'';
       (B) in subsection (o)--
       (i) in paragraph (4)(B)(i), by striking ``1 year'' and 
     inserting ``180 days'';
       (ii) in paragraph (20), by striking ``and'' at the end;
       (iii) in paragraph (21), by striking the period at the end 
     and inserting ``; and''; and
       (iv) 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 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.'';
       (C) in subsection (cc)--
       (i) 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 and 2025, each 
     Federal agency with an SBIR or STTR program''; and
       (ii) by adding at the end the following:
       ``(2) Limitation.--
       ``(A) In general.--The total value of awards provided by a 
     Federal agency under this subsection in a fiscal year shall 
     be--
       ``(i) except as provided in clause (ii) and subparagraph 
     (B), not more than 10 percent

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     of the total funds allocated to the SBIR and STTR programs of 
     the Federal agency during that fiscal year; and
       ``(ii) 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.
       ``(B) Exception.--The limitation under subparagraph (A)(i) 
     shall not apply with respect to the Department of Defense.'';
       (D) in subsection (hh)(2)(A)(i), by striking ``simplified 
     and standardized procedures and model contracts'' and 
     inserting ``a simplified and standardized application process 
     and requirements, procedures, and model contracts''; and
       (E) by adding at the end the following:
       ``(yy) Technology Commercialization Official.--Each Federal 
     agency participating in the SBIR or STTR program shall--
       ``(1) designate an existing official within the Federal 
     agency as the Technology Commercialization Official of the 
     Federal agency, who shall--
       ``(A) have sufficient commercialization experience;
       ``(B) provide guidance to SBIR and STTR program awardees in 
     commercializing and transitioning technologies;
       ``(C) identify and advocate for 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;
       ``(D) coordinate with the Administration and Technology 
     Commercialization Officials of other Federal agencies to 
     identify additional markets and commercialization pathways 
     for promising SBIR and STTR program technologies;
       ``(E) 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);
       ``(F) 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
       ``(G) carry out such other duties as the Federal agency 
     determines necessary; or
       ``(2) identify an official carrying out substantially 
     similar responsibilities as those described in paragraph 
     (1).''.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this subsection, 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 a 
     report summarizing the metrics relating to and an evaluation 
     of the authority provided under section 9(cc) of the Small 
     Business Act (15 U.S.C. 638(cc)), as amended by paragraph 
     (1), which shall include the size and location of the small 
     business concerns (as defined in section 3 of the Small 
     Business Act (15 U.S.C. 632)) receiving awards under the SBIR 
     or STTR program.
       (b) 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 subsection (a), 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) to provide small 
     business concerns engaged in SBIR or STTR projects with 
     technical and business assistance services'' and inserting 
     ``shall authorize recipients of awards under the SBIR or STTR 
     program to select, if desired, technical and business 
     assistance provided under subparagraph (A), (B), or (C) of 
     paragraph (2) with respect to SBIR or STTR projects'';
       (ii) by inserting ``cybersecurity assistance,'' after 
     ``intellectual property protections,''; and
       (iii) by striking ``such concerns'' and inserting ``such 
     recipients'';
       (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, which 
     shall measure, for each small business concern that has 
     received not less than 50 Phase II awards on or after October 
     1 of the ninth fiscal year before the fiscal year in which 
     the report is submitted--
       ``(A) total dollar value of Federal awards, contracts, and 
     subcontracts, other than SBIR or STTR awards, received by the 
     small business concern over the preceding 9 fiscal years;
       ``(B) the total dollar value of all SBIR and STTR Phase I 
     and Phase II awards received by the small business concern 
     over the preceding 9 fiscal years;
       ``(C) the average annual gross revenue of the small 
     business concern over the preceding 9 years;
       ``(D) total revenue from the sale or licensing of new 
     products and services resulting from the research conducted 
     under the awards received in the preceding 9 fiscal years;
       ``(E) additional investment from any source other than 
     Phase I or Phase II SBIR or STTR awards, to further the 
     research and development conducted under the awards received 
     in the preceding 9 fiscal years;
       ``(F) mergers and acquisitions of award recipients during 
     or after the completion of a Phase II award;
       ``(G) new, unique spin-out companies resulting from 
     research conducted under the awards received in the preceding 
     9 fiscal years;
       ``(H) patents acquired as a result of research conducted 
     under the awards received in the preceding 9 fiscal years;
       ``(I) the year of first Phase II award and the total number 
     of employees at the time of first Phase II award;
       ``(J) the number of employees, as of the end of the most 
     recent fiscal year; and
       ``(K) the total number and value of Phase III awards 
     received.
       ``(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 subsections (g)(9) and (o)(10); and
       ``(B) submitted to--
       ``(i) the Committee on Small Business and Entrepreneurship 
     of the Senate; and
       ``(ii) the Committee on Science, Space, and Technology and 
     the Committee on Small Business of the House of 
     Representatives.
       ``(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.--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.
       ``(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.''.

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