119-hr3239

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3239 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3239

To improve commercialization activities in the SBIR and STTR programs, 
 and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 7, 2025

 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.''; and

    (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 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.''.

SEC. 3. IMPROVEMENTS TO PHASE FLEXIBILITY.

    (a) In General.--

Section 9
            (cc) of the Small Business Act (15 U.S.C. 
638
            (cc) ) is amended--

    (1) by striking ``During fiscal years 2012 through 2025, 
 the National Institutes of Health, the Department of Defense, 
 and the Department of Education may each'' and inserting the 
 following:
 ``

    (1) In general.--During fiscal years 2025, 2026, and 
 2027, each Federal agency with an SBIR or STTR program may''; 
 and

    (2) 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) and
            (C) , not more than 10 percent of the total funds 
 allocated to the SBIR and STTR programs of the Federal 
 agency during that fiscal year;
 ``
        (B) with respect to the National Institutes of 
 Health, not more than 30 percent of the total funds 
 allocated to the SBIR and STTR programs of the National 
 Institutes of Health during that fiscal year; and
 ``
            (C) The limitation under subparagraph
        (A) shall 
 not apply with respect to the Department of Defense.''.

    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Small Business Administration shall 
provide a briefing to the Committee on Small Business and 
Entrepreneurship of the Senate and the Committee on Small Business of 
the House of Representatives regarding the authority provided under 

section 9
            (cc) of the Small Business Act (15 U.S.C. 638
            (cc) ), as amended 
by paragraph

    (1) .

SEC. 4. TECHNOLOGY COMMERCIALIZATION OFFICIAL.

 

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

    (aaa) 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
            (ccc) ;
 ``
        (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) .''.

SEC. 5. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE.

 

Section 9

    (q) of the Small Business Act (15 U.S.C. 638

    (q) ) is 
amended--

    (1) in paragraph

    (1) , in the matter preceding subparagraph
        (A) --
        (A) 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'';
        (B) by inserting ``cybersecurity assistance,'' 
 after ``intellectual property protections,''; and
            (C) by striking ``such concerns'' and inserting 
 ``such recipients'';

    (2) 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) .'';

    (3) 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

    (4) 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) .''.

SEC. 6. I-CORPS PARTICIPATION.

 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended by 

section 4, is amended by adding at the end the following:
 ``

    (bbb) 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) .''.

SEC. 7. COMMERCIALIZATION IMPACT ASSESSMENT.

 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended by 
sections 4 and 6, is amended by adding at the end the following:
 ``
            (ccc) 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 fiscal 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.--The commercialization impact assessment 
 report described in paragraph

    (1) shall be--
 ``
        (A) included in the annual report submitted under 
 subsection

    (b)

    (7) ; 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.''.

SEC. 8. PATENT ASSISTANCE.

 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended by 
sections 4, 6, and 7, is amended by adding at the end the following:
 ``
            (ddd) 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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