,,ii #aafth ,,congress #ast ,session ,s4 #babg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #af1 #bjai ,mr4 ,coons 7for himself and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on ,small ,business and ,entrepreneurship ,a ,,bill ,to improve commercialization activities in the ,,sbir and ,,sttr programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,research ,advancing to ,market ,production for ,innovators ,act4 #b4 ,improvements to commercialization selection 7a7 ,in general ,section #i of the ,small ,business ,act 7#ae ,u4,s4,c4 #fch7 is amended-- 7#a7 in subsection 7g7-- 7,a7 in paragraph 7#d77;,b77i71 by striking #a year and inserting #ahj days2 7,b7 in paragraph 7#aa71 by striking and at the end2 7,c7 in paragraph 7#ab71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#ac7 with respect to peer review carried out under the ,,sbir program1 to the extent practicable1 include in the peer review-- 7,a7 the likelihood of commercialization in addition to scientific and technical merit and feasibility2 and 7,b7 not less than #a reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization4 2 7#b7 in subsection 7o7-- 7,a7 in paragraph 7#d77;,b77i71 by striking #a year and inserting #ahj days2 7,b7 in paragraph 7#ae71 by striking and at the end2 7,c7 in paragraph 7#af71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#ag7 with respect to peer review carried out under the ,,sttr program1 to the extent practicable1 include in the peer review-- 7,a7 the likelhood of commercialization in addition to scientific and technical merit and feasibility2 and 7,b7 not less than #a reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization4 2 7#c7 in subsection 7cc7-- 7,a7 by striking ,during fiscal years #bjab through #bjbb1 the ,national ,institutes of ,health1 the ,department of ,defense1 and the ,department of ,education and inserting the following3 7#a7 ,in general ,during fiscal years #bjai through #bjbd1 each ,federal agency with an ,,sbir or ,,sttr program 2 and 7,b7 by adding at the end the following3 7#b7 ,limitation ,the total value of awards provided by a ,federal agency under this subsection in a fiscal year shall be-- 7,a7 except as provided in subparagraph 7,b71 not more than #aj percent of the total funds allocated to the ,,sbir and ,,sttr programs of the ,federal agency during that fiscal year2 and 7,b7 with respect to the ,national ,institutes of ,health1 not more than #ae percent of the total funds allocated to the ,,sbir and ,,sttr programs of the ,national ,institutes of ,health during that fiscal year4 7#c7 ,extension ,during fiscal years #bjbc and #bjbd1 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 7tt77#a77;,b7 have been submitted to the appropriate committees4 2 7#d7 in subsection 7hh77#b77;,a77i71 by inserting application process and requirements after simplified and standardized2 and 7#e7 by adding at the end the following3 7vv7 ,technology ,commercialization ,official ,each ,federal agency participating in the ,,sbir or ,,sttr program shall designate a ,technology ,commercialization ,official in the ,federal agency1 who shall-- 7#a7 have sufficient commercialization experience2 7#b7 provide assistance to ,,sbir and ,,sttr program awardees in commercializing and transitioning technologies2 7#c7 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 contracts2 7#d7 coordinate with the ,technology ,commercialization ,officials of other ,federal agencies to identify additional markets and commercialization pathways for promising ,,sbir and ,,sttr program technologies2 7#e7 submit to the ,administration an annual report on the number of technologies from the ,,sbir or ,,sttr program that have advanced commercialization activities1 including information required in the commercialization impact assessment under subsection 7xx72 7#f7 submit to the ,administration an annual report on actions taken by the ,federal agency1 and the results of those actions1 to simplify1 standardize1 and expedite the application process and requirements1 procedures1 and contracts as required under subsection 7hh7 and described in subsection 7xx77,e72 and 7#g7 carry out such other duties as the ,federal agency determines necessary4 4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 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 #i7;cc7 of the ,small ,business ,act1 as amended by subsection 7a71 which shall include the size and location of the small business concerns receiving awards under the ,,sbir or ,,sttr program4 #c4 ,improvements to technical and business assistance2 commercialization impact assessment2 patent assistance ,section #i of the ,small ,business ,act 7#ae ,u4,s4,c4 #fch71 as amended by section #b1 is amended-- 7#a7 in subsection 7q7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a7-- 7i7 by striking may enter into an agreement with #a or more vendors selected under paragraph 7#b77;,a7 and inserting shall authorize recipients of awards under the ,,sbir or ,,sttr program to select1 if desired1 commercialization activities provided under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#b72 and 7ii7 by inserting 1 cybersecurity assistance after intellectual property protections2 7,b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,staff ,a small business concern may1 by contract or otherwise1 use funding provided under this section to hire new staff1 augment staff1 or direct staff to conduct or participate in training activities consistent with the goals listed in paragraph 7#a74 2 7,c7 in paragraph 7#c71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,phase ,i ,a ,federal agency described in paragraph 7#a7 shall authorize a recipient of a ,phase ,i ,,sbir or ,,sttr award to utilize not more than #f1ejj per project1 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 agency1 for the services described in paragraph 7#a7-- 7i7 provided through a vendor selected under paragraph 7#b77;,a72 7ii7 provided through a vendor other than a vendor selected under paragraph 7#b77;,a72 7iii7 achieved through the activities described in paragraph 7#b77;,c72 or 7iv7 provided or achieved through any combination of clauses 7i71 7ii71 and 7iii74 7,b7 ,phase ,,ii ,a ,federal agency described in paragraph 7#a7 shall authorize a recipient of a ,phase ,,ii ,,sbir or ,,sttr award to utilize not more than #ej1jjj per project1 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 agency1 for the services described in paragraph 7#a7-- 7i7 provided through a vendor selected under paragraph 7#b77;,a72 7ii7 provided through a vendor other than a vendor selected under paragraph 7#b77;,a72 7iii7 achieved through the activities described in paragraph 7#b77;,c72 or 7iv7 provided or achieved through any combination of clauses 7i71 7ii71 and 7iii74 2 and 7,d7 by adding at the end the following3 7#e7 ,targeted review ,a ,federal agency may perform targeted reviews of technical and business assistance funding as described in subsection 7mm77#a77;,f74 2 and 7#b7 by adding at the end the following3 7ww7 ,i-,corps participation 7#a7 ,in general ,each ,federal agency that is required to conduct an ,,sbir or ,,sttr program with an ,innovation ,corps 7commonly known as ,i-,corps7 program shall-- 7,a7 provide an option for participation in an ,i-,corps teams course by recipients of an award under the ,,sbir or ,,sttr program2 and 7,b7 authorize the recipients described in subparagraph 7,a7 to use an award provided under subsection 7q7 to provide additional technical assistance for participation in the ,i-,corps teams course4 7#b7 ,cost of participation ,the cost of participation by a recipient described in paragraph 7#a77;,a7 in an ,i-,corps course may be provided by-- 7,a7 an ,i-,corps team grant2 7,b7 funds awarded to the recipient under subsection 7q72 7,c7 the participating teams or other sources as appropriate2 or 7,d7 any combination of sources described in subparagraphs 7,a71 7,b71 and 7,c74 7xx7 ,commercialization impact assessment 7#a7 ,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 agency1 which shall measure1 for the #e-year period preceding the report-- 7,a7 for ,phase ,,ii contracts-- 7i7 the total amount of sales of new products and services to the ,federal ,government or other commercial markets2 7ii7 the total outside investment from partnerships1 joint ventures1 or other private sector funding sources2 7iii7 the total number of technologies licensed to other companies2 7iv7 the total number of acquisitions of small business concerns participating in the ,,sbir program or the ,,sttr program that are acquired by other entities2 7v7 the total number of new spin-out companies2 7vi7 the total outside investment from venture capital or angel investments2 7vii7 the total number of patent applications2 7viii7 the total number of patents acquired2 7ix7 the year of first ,phase ,i award and the total number of employees at time of first ,phase ,i award2 7x7 the total number of employees from the preceding completed year2 and 7xi7 the percent of revenue1 as of the date of the report1 generated through ,,sbir or ,,sttr program funding2 7,b7 the total number and value of subsequent ,phase ,,ii awards1 as described in subsection 7bb71 awarded for each particular project or technology2 7,c7 the total number and value of ,phase ,,iii awards awarded subsequent to a ,phase ,,ii award2 7,d7 the total number and value of non-,,sbir and ,,sttr program ,federal awards and contracts2 and 7,e7 actions taken by the ,federal agency1 and the results of those actions1 relating to developing a simplified and standardized application process and requirements1 procedures1 and model contracts throughout the ,federal agency for ,phase ,i1 ,phase ,,ii1 and ,phase ,,iii ,,sbir program awards in subsection 7hh74 7#b7 ,publication ,a commercialization impact assessment report described in paragraph 7#a7 of a ,federal agency shall be-- 7,a7 included in the annual report of the ,federal agency required under this section2 and 7,b7 published on the website of the ,administration4 7yy7 ,patent assistance 7#a7 ,definitions ,in this subsection-- 7,a7 the term low bono services means services provided at a reduced fee2 and 7,b7 the term ,,uspto means the ,united ,states ,patent and ,trademark ,office4 7#b7 ,assistance ,the ,administrator shall enter into an interagency agreement with the ,,uspto to assist recipients of an award under the ,,sbir or ,,sttr program 7in this paragraph referred to as ,,sbir and ,,sttr recipients7 relating to intellectual property protection through-- 7,a7 track one processing1 under which the ,,uspto may-- 7i7 allocate-- 7,i7 not less than #e percent or #ejj track one requests1 whichever is greater1 per year to ,,sbir and ,,sttr recipients on a first-come1 first-served basis2 and 7,,ii7 not more than #b track one requests to an individual ,,sbir and ,,sttr recipient1 to expedite final disposition on ,,sbir and ,,sttr program patent applications2 and 7ii7 waive the track one fee requirement for ,,sbir and ,,sttr recipients2 and 7,b7 through the ,,uspto ,patent ,pro ,bono ,program1 providing ,,sbir and ,,sttr recipients-- 7i7 pro bono services if the recipient-- 7,i7 had a total gross income of more than #aej1jjj but less than #e1jjj1jjj in the preceding calendar year1 and expects a total gross income of more than #aej1jjj but less than #e1jjj1jjj in the current calendar year2 7,,ii7 is not under any obligation to assign the rights to the invention to another entity other than the ,federal ,government2 and 7,,iii7 has not previously received ,,uspto pro bono or low bono services2 or 7ii7 low bono services if the recipient-- 7,i7 had a total gross income of more than #e1jjj1jjj but less than #aj1jjj1jjj in the preceding calendar year1 and expects a total gross income of more than #e1jjj1jjj but less than #aj1jjj1jjj in the current calendar year2 7,,ii7 is not under any obligation to assign the rights to the invention to another entity other than the ,federal ,government2 and 7,,iii7 has not previously received ,,uspto pro bono or low bono services4 7#c7 ,outreach ,the ,administrator shall coordinate with the ,,uspto to provide outreach regarding the pro se assistance program and scam prevention services of the ,,uspto4 4