I 

116TH CONGRESS 

1ST SESSION H. R. 3774 

To amend the Small Business Act to improve the Small Business Innovation 

Research program and Small Business Technology Transfer program, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2019 

Mr. BAIRD (for himself, Ms. STEVENS, Mr. BURCHETT, and Mr. CROW) introduced the following bill; which was referred to the Committee on Small 

Business, and in addition to the Committee on Science, Space, and Technology, 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 amend the Small Business Act to improve the Small 

Business Innovation Research program and Small Business Technology Transfer program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘The Small Business Innovation Research and Small 


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1 Business Technology Transfer Improvements Act of 

2 2019’’. 

3 (b) TABLE OF CONTENTS.—The table of contents for 

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Requiring insertion incentives. 

Sec. 3. Additional SBIR and STTR technology insertion reporting requirement. 

Sec. 4. Encouraging innovation in United States manufacturing. 

Sec. 5. Encouraging innovation in cybersecurity. 

Sec. 6. Compliance of Phase III awards with competitive procedures. 

Sec. 7. Procurement center representatives and other acquisition personnel in 

the SBIR and STTR programs. 

Sec. 8. Increased outreach requirements. 

Sec. 9. Annual meeting. 

Sec. 10. Establishing the Civilian Agency Commercialization Readiness Program. 

Sec. 11. Commercialization assistance pilot programs. 

Sec. 12. Phase 0 Proof of Concept Partnership Pilot Program. 

Sec. 13. Reporting requirements. 

Sec. 14. SBIR Phase flexibility. 

5 SEC. 2. REQUIRING INSERTION INCENTIVES. 

6 Section 9(y)(5) of the Small Business Act (15 U.S.C. 

7 638(y)(5)) is amended by striking ‘‘is authorized to’’ and 

8 inserting ‘‘shall’’. 

9 SEC. 3. ADDITIONAL SBIR AND STTR TECHNOLOGY INSER10 TION REPORTING REQUIREMENT. 

11 Section 9(y)(6) of the Small Business Act (15 U.S.C. 

12 638(y)(6)) is amended— 

13 (1) in subparagraph (B), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (C)(iii), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 


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1 ‘‘(D) not later than 120 days after the 

2 date of the enactment of this subparagraph, 

3 and not later than December 31 of each year 

4 thereafter, submit to the Committee on Science, 

5 Space, and Technology and the Committee on 

6 Small Business of the House of Representa7 tives, and to the Committee on Small Business 

8 and Entrepreneurship of the Senate, a report 

9 describing the goals set under subparagraph 

10 (A) and the incentives used or created under 

11 subparagraph (B).’’. 

12 SEC. 4. ENCOURAGING INNOVATION IN UNITED STATES 

13 MANUFACTURING. 

14 Section 9 of the Small Business Act (15 U.S.C. 638) 

15 is amended by adding at the end the following new sub16 section: 

17 ‘‘(uu) ENCOURAGING INNOVATION IN UNITED

18 STATES MANUFACTURING.—In carrying out this section, 

19 the Administrator shall— 

20 ‘‘(1) ensure that, in selecting small business 

21 concerns to participate in SBIR or STTR programs 

22 under this section, Federal agencies give high pri23 ority to small manufacturing companies and other 

24 small business concerns engaged in or planning to 

25 engage in manufacturing research and development 


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1 for the purpose of developing and producing new 

2 products and technologies in the United States; and 

3 ‘‘(2) include in the annual report to Congress 

4 under subsection (b)(7) a determination of whether 

5 the priority described in paragraph (1) is being car6 ried out.’’. 

7 SEC. 5. ENCOURAGING INNOVATION IN CYBERSECURITY. 

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

9 as amended by section 4, is further amended by adding 

10 at the end the following new subsection: 

11 ‘‘(vv) ENCOURAGING INNOVATION IN CYBERSECU12 RITY.—In carrying out this section, the Administrator 

13 shall— 

14 ‘‘(1) ensure that, in selecting small business 

15 concerns to participate in SBIR or STTR programs 

16 under this section, Federal agencies engaged in cy17 bersecurity research give high priority to small busi18 ness concerns that are engaged in cybersecurity re19 search and development, for the purpose of devel20 oping and implementing technology services and 

21 products to strengthen the security of United States 

22 Government and private computer systems, includ23 ing software, hardware, and portable devices; and 

24 ‘‘(2) include in the annual report to Congress 

25 under subsection (b)(7) a determination of whether 


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1 the priority described in paragraph (1) is being car2 ried out.’’. 

3 SEC. 6. COMPLIANCE OF PHASE III AWARDS WITH COM4 PETITIVE PROCEDURES. 

5 Section 9(r)(4) of the Small Business Act (15 U.S.C. 

6 638(r)(4)) is amended by inserting ‘‘as direct follow-on 

7 awards issued without further competition’’ after ‘‘devel8 oped the technology’’. 

9 SEC. 7. PROCUREMENT CENTER REPRESENTATIVES AND 

10 OTHER ACQUISITION PERSONNEL IN THE 

11 SBIR AND STTR PROGRAMS. 

12 (a) DEFINITION OF SENIOR PROCUREMENT EXECU13 TIVE.—Section 9(e) of the Small Business Act (15 U.S.C. 

14 638(e)) is amended— 

15 (1) in paragraph (12)(B), by striking ‘‘and’’ at 

16 the end; 

17 (2) in paragraph (13)(B), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(14) the term ‘senior procurement executive’ 

22 means an official designated under section 1702(c) 

23 of title 41, United States Code, as the senior pro24 curement executive of a Federal agency participating 

25 in a SBIR or STTR program.’’. 


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1 (b) INCLUSION OF SENIOR PROCUREMENT EXECU2 TIVES IN SBIR AND STTR.— 

3 (1) IN GENERAL.—Section 9(b) of the Small 

4 Business Act (15 U.S.C. 638(b)) is amended— 

5 (A) in paragraph (8), by striking ‘‘and’’ at 

6 the end; 

7 (B) in paragraph (9), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 paragraph: 

11 ‘‘(10) to coordinate, where appropriate, with the 

12 senior procurement executive of the relevant Federal 

13 agency to assist small business concerns partici14 pating in a SBIR or STTR program with commer15 cializing research developed under such a program 

16 before such small business concern is awarded a con17 tract from such Federal agency.’’. 

18 (2) TECHNICAL AMENDMENT.—Section 9(b)(3) 

19 of the Small Business Act (15 U.S.C. 638(b)(3)) is 

20 amended by striking ‘‘and’’ at the end. 

21 (c) MODIFICATIONS RELATING TO PROCUREMENT

22 CENTER REPRESENTATIVES AND OTHER ACQUISITION

23 PERSONNEL.— 


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1 (1) SBIR AMENDMENT.—Section 9(j) of the 

2 Small Business Act (15 U.S.C. 638(j)) is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(4) MODIFICATIONS RELATING TO PROCURE5 MENT CENTER REPRESENTATIVES.—Upon the en6 actment of this paragraph, the Administrator shall 

7 modify the policy directives issued pursuant to this 

8 subsection to require procurement center representa9 tives (as described in section 15(l)) to coordinate 

10 with the appropriate contracting officer or SBIR 

11 program officer, and the appropriate Director of 

12 Small and Disadvantaged Business Utilization estab13 lished pursuant to section 15(k) for the agency let14 ting the contract, to assist small business concerns 

15 participating in the SBIR program, particularly in 

16 Phase III. The procurement center representatives 

17 shall coordinate with the appropriate contracting of18 ficer and the appropriate Director of the Office of 

19 Small and Disadvantaged Business Utilization estab20 lished pursuant to section 15(k) for the agency let21 ting the contract.’’. 

22 (2) STTR AMENDMENT.—Section 9(p)(2) of 

23 the Small Business Act (15 U.S.C. 638(p)(2)) is 

24 amended— 


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1 (A) in subparagraph (E)(ii), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (F), by striking the 

4 period at the end and inserting a semicolon; 

5 and 

6 (C) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(G) procedures to ensure that procure9 ment center representatives (as described in 

10 section 15(l))— 

11 ‘‘(i) coordinate with the appropriate 

12 contracting officer or STTR program offi13 cer, and the appropriate Director of Small 

14 and Disadvantaged Business Utilization 

15 established pursuant to section 15(k) for 

16 the agency letting the contract, to assist 

17 small business concerns participating in 

18 the STTR program, particularly in Phase 

19 III; and 

20 ‘‘(ii) coordinate with the appropriate 

21 contracting officer and the appropriate Di22 rector of the Office of Small and Disadvan23 taged Business Utilization established pur24 suant to section 15(k) for the Federal 


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1 agency letting the contract in providing the 

2 assistance described in clause (i); and’’. 

3 (d) AMENDMENT TO DUTIES OF PROCUREMENT

4 CENTER REPRESENTATIVES.—Section 15(l)(2) of the 

5 Small Business Act (15 U.S.C. 644(l)(2)) is amended— 

6 (1) in subparagraph (I), by striking ‘‘and’’ at 

7 the end; 

8 (2) by redesignating subparagraph (J) as sub9 paragraph (L); and 

10 (3) by inserting after subparagraph (I) the fol11 lowing new subparagraphs: 

12 ‘‘(J) coordinate with the appropriate con13 tracting officer or SBIR or STTR program offi14 cer, and the appropriate Director of Small and 

15 Disadvantaged Business Utilization established 

16 pursuant to section 15(k) for the agency letting 

17 the contract, to assist small business concerns 

18 participating in a SBIR or STTR program 

19 under section 9 with Phase III; 

20 ‘‘(K) coordinate with the appropriate con21 tracting officer and the appropriate Director of 

22 the Office of Small and Disadvantaged Busi23 ness Utilization established pursuant to sub24 section (k) for the agency letting the contract; 

25 and’’. 


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1 (e) AMENDMENT TO THE DUTIES OF THE DIRECTOR

2 OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION

3 FOR FEDERAL AGENCIES.—Section 15(k) of the Small 

4 Business Act (15 U.S.C. 644(k)) is amended— 

5 (1) in paragraph (19), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (20), by striking the period at 

8 the end and inserting a semicolon; and 

9 (3) by adding at the end the following new 

10 paragraphs: 

11 ‘‘(21) shall coordinate with the appropriate con12 tracting officer of SBIR or STTR program officer to 

13 assist small business concerns participating in a 

14 SBIR or STTR program under section 9 with re15 searching applicable solicitations for the award of a 

16 Federal contract (particularly with the Federal 

17 agency that has a funding agreement (as defined 

18 under section 9) with the concern) to market the re19 search developed by such concern under such SBIR 

20 or STTR program; and 

21 ‘‘(22) shall provide technical assistance to small 

22 business concerns participating in a SBIR or STTR 

23 program under section 9 to submit a bid for an 

24 award of a Federal contract, including coordination 

25 with procurement center representatives and the apVerDate Sep 11 2014 21:09 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3774.IH H3774

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1 propriate senior procurement executive for the agen2 cy letting the contract.’’. 

3 SEC. 8. INCREASED OUTREACH REQUIREMENTS. 

4 (a) IN GENERAL.— 

5 (1) SBIR AMENDMENT.—Section 9(j) of the 

6 Small Business Act (15 U.S.C. 638(j)), as amended 

7 by section 8, is further amended by adding at the 

8 end the following new paragraph: 

9 ‘‘(5) INCREASED OUTREACH REQUIREMENTS.— 

10 Upon the enactment of this paragraph, the Adminis11 trator shall modify the policy directives issued pur12 suant to this subsection to require outreach efforts 

13 to increase the participation in technological innova14 tion under the SBIR programs among individuals 

15 conducting research at minority institutions (as de16 fined in section 365(3) of the Higher Education Act 

17 of 1965) and Hispanic-serving institutions (as de18 fined in section 502(a)(5) of such Act).’’. 

19 (2) STTR AMENDMENT.—Section 9(p)(2) of 

20 the Small Business Act (15 U.S.C. 638(p)(2)), as 

21 amended by section 8, is further amended by adding 

22 at the end the following new subparagraph: 

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1 uals conducting research at minority institu2 tions (as defined in section 365(3) of the High3 er Education Act of 1965) and Hispanic-serving 

4 institutions (as defined in section 502(a)(5) of 

5 such Act).’’. 

6 (b) FUNDING FOR OUTREACH.—Section 9(mm)(1) of 

7 the Small Business Act (15 U.S.C. 638(mm)(1)) is 

8 amended— 

9 (1) in subparagraph (I), by striking the ‘‘and’’ 

10 at the end; 

11 (2) in subparagraph (J), by striking the period 

12 at the end and inserting a semicolon; and 

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(K) the outreach efforts described under 

16 subsections (j)(4) and (p)(2)(G); and’’. 

17 SEC. 9. ANNUAL MEETING. 

18 (a) IN GENERAL.—Section 9 of the Small Business 

19 Act (15 U.S.C. 638), as amended by section 5, is further 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(ww) ANNUAL MEETING.— 

23 ‘‘(1) IN GENERAL.—The head of each Federal 

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1 tion (or a designee) and the Administrator (or a des2 ignee) shall meet annually to discuss methods— 

3 ‘‘(A) to improve the collection of data 

4 under this section; 

5 ‘‘(B) to improve the reporting of data to 

6 the Administrator under this section; 

7 ‘‘(C) to make the application processes for 

8 programs under this section more efficient; and 

9 ‘‘(D) to increase participation in the pro10 grams established under this section. 

11 ‘‘(2) REPORT.—Not later than 60 days after 

12 the date on which an annual meeting required under 

13 paragraph (1) is held, the Administrator shall sub14 mit to the Committee on Small Business and Entre15 preneurship of the Senate and the Committee on 

16 Small Business and the Committee on Science, 

17 Space, and Technology of the House of Representa18 tives, a report on the findings of such meeting and 

19 recommendations on how to implement changes to 

20 programs under this section.’’. 

21 (b) FUNDING FOR ANNUAL MEETING.—Section 

22 9(mm)(1) of the Small Business Act (15 U.S.C. 

23 638(mm)(1)) as amended by section 9, is further amended 

24 by adding at the end the following new subparagraph: 


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1 ‘‘(L) the annual meeting required under 

2 subsection (vv).’’. 

3 SEC. 10. ESTABLISHING THE CIVILIAN AGENCY COMMER4 CIALIZATION READINESS PROGRAM. 

5 Section 9(gg) of the Small Business Act (15 U.S.C. 

6 638(gg)) is amended— 

7 (1) by amending the subsection heading to read 

8 as follows: ‘‘CIVILIAN AGENCY COMMERCIALIZATION

9 READINESS PROGRAM’’; 

10 (2) in paragraph (1), by inserting ‘‘to establish 

11 a Civilian Agency Commercialization Readiness Pro12 gram for civilian agencies’’ after ‘‘the covered Fed13 eral agency’’; 

14 (3) in paragraph (2)(A)— 

15 (A) by striking ‘‘establish a pilot program’’ 

16 and inserting ‘‘establish a Civilian Agency Com17 mercialization Readiness Program under this 

18 subsection’’; and 

19 (B) by striking ‘‘the pilot program’’ and 

20 inserting ‘‘such Civilian Agency Commercializa21 tion Readiness Program’’; 

22 (4) in paragraphs (3) and (4), by striking ‘‘a 

23 pilot program’’ each place such term appears and in24 serting ‘‘a Civilian Commercialization Readiness 

25 Program’’; 


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1 (5) in paragraph (6), by striking ‘‘the pilot pro2 gram’’ and inserting ‘‘a Civilian Agency Commer3 cialization Readiness Program’’; 

4 (6) by striking paragraph (7) and redesignating 

5 paragraph (8) as paragraph (7); and 

6 (7) in paragraph (7) (as so redesignated), by 

7 amending subparagraph (B) to read as follows: 

8 ‘‘(B) the term ‘Civilian Agency Commer9 cialization Readiness Program’ means each pro10 gram established under paragraph (1).’’. 

11 SEC. 11. COMMERCIALIZATION ASSISTANCE PILOT PRO12 GRAMS. 

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

14 as amended by section 10, is further amended by adding 

15 at the end the following new subsection: 

16 ‘‘(xx) COMMERCIALIZATION ASSISTANCE PILOT PRO17 GRAMS.— 

18 ‘‘(1) PILOT PROGRAMS IMPLEMENTED.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), not later than one year after 

21 the date of the enactment of this subsection, a 

22 covered agency shall implement a commer23 cialization assistance pilot program, under 

24 which an eligible entity may receive a subse25 quent Phase II SBIR award. 


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1 ‘‘(B) EXCEPTION.—If the Administrator 

2 determines that a covered agency has a pro3 gram that is sufficiently similar to the commer4 cialization assistance pilot program established 

5 under this subsection, such covered agency shall 

6 not be required to implement a commercializa7 tion assistance pilot program under this sub8 section. 

9 ‘‘(2) PERCENT OF AGENCY FUNDS.—The head 

10 of each covered agency may allocate not more than 

11 5 percent of the funds allocated to the SBIR pro12 gram of the covered agency for the purpose of mak13 ing a subsequent Phase II SBIR award under the 

14 commercialization assistance pilot program. 

15 ‘‘(3) TERMINATION.—A commercialization as16 sistance pilot program established under this sub17 section shall terminate on September 30, 2024. 

18 ‘‘(4) APPLICATION.—To be selected to receive a 

19 subsequent Phase II SBIR award under a commer20 cialization assistance pilot program, an eligible enti21 ty shall submit to the covered agency implementing 

22 such pilot program an application at such time, in 

23 such manner, and containing such information as 

24 the covered agency may require, including— 


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1 ‘‘(A) an updated Phase II commercializa2 tion plan; and 

3 ‘‘(B) the source and amount of the match4 ing funding required under paragraph (5). 

5 ‘‘(5) MATCHING FUNDING.— 

6 ‘‘(A) IN GENERAL.—The Administrator 

7 shall require, as a condition of any subsequent 

8 Phase II SBIR award made to an eligible entity 

9 under this subsection, that a matching amount 

10 (excluding any fees collected by the eligible enti11 ty receiving such award) equal to the amount of 

12 such award be provided from an eligible third13 party investor. 

14 ‘‘(B) INELIGIBLE SOURCES.—An eligible 

15 entity may not use funding from ineligible 

16 sources to meet the matching requirement of 

17 subparagraph (A). 

18 ‘‘(6) AWARD.—A subsequent Phase II SBIR 

19 award made to an eligible entity under this sub20 section— 

21 ‘‘(A) may not exceed the limitation de22 scribed under subsection (aa)(1); and 

23 ‘‘(B) shall be disbursed during Phase II. 

24 ‘‘(7) USE OF FUNDS.—The funds awarded to 

25 an eligible entity under this subsection may only be 


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1 used for research and development activities that 

2 build on eligible entity’s Phase II program and en3 sure the research funded under such Phase II is 

4 rapidly progressing towards commercialization. 

5 ‘‘(8) SELECTION.—In selecting eligible entities 

6 to participate in a commercialization assistance pilot 

7 program under this subsection, the head of a covered 

8 agency shall consider— 

9 ‘‘(A) the extent to which such award could 

10 aid the eligible entity in commercializing the re11 search funded under the eligible entity’s Phase 

12 II program; 

13 ‘‘(B) whether the updated Phase II com14 mercialization plan submitted under paragraph 

15 (4) provides a sound approach for establishing 

16 technical feasibility that could lead to commer17 cialization of such research; 

18 ‘‘(C) whether the proposed activities to be 

19 conducted under such updated Phase II com20 mercialization plan further improve the likeli21 hood that such research will provide societal 

22 benefits; 

23 ‘‘(D) whether the small business concern 

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1 tify receipt of a subsequent Phase II SBIR 

2 award; 

3 ‘‘(E) the expectations of the eligible third4 party investor that provides matching funding 

5 under paragraph (5); and 

6 ‘‘(F) the likelihood that the proposed ac7 tivities to be conducted under such updated 

8 Phase II commercialization plan using matching 

9 funding provided by such eligible third-party in10 vestor will lead to commercial and societal ben11 efit. 

12 ‘‘(9) EVALUATION REPORT.—Not later than 3 

13 years after the date of the enactment of this sub14 section, the Comptroller General of the United 

15 States shall submit to the Committee on Science, 

16 Space, and Technology and the Committee on Small 

17 Business of the House of Representatives, and the 

18 Committee on Small Business and Entrepreneurship 

19 of the Senate, a report including— 

20 ‘‘(A) a summary of the activities of com21 mercialization assistance pilot programs carried 

22 out under this subsection; 

23 ‘‘(B) a detailed compilation of results 

24 achieved by such commercialization assistance 

25 pilot programs, including the number of eligible 


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1 entities that received awards under such pro2 grams; 

3 ‘‘(C) the rate at which each eligible entity 

4 that received a subsequent Phase II SBIR 

5 award under this subsection commercialized re6 search of the recipient; 

7 ‘‘(D) the growth in employment and rev8 enue of eligible entities that is attributable to 

9 participation in a commercialization assistance 

10 pilot program; 

11 ‘‘(E) a comparison of commercialization 

12 success of eligible entities participating in a 

13 commercialization assistance pilot program with 

14 recipients of an additional Phase II SBIR 

15 award under subsection (ff); 

16 ‘‘(F) demographic information, such as 

17 ethnicity and geographic location, of eligible en18 tities participating in a commercialization as19 sistance pilot program; 

20 ‘‘(G) an accounting of the funds used at 

21 each covered agency that implements a commer22 cialization assistance pilot program under this 

23 subsection; 


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1 ‘‘(H) the amount of matching funding pro2 vided by eligible third-party investors, set forth 

3 separately by source of funding; 

4 ‘‘(I) an analysis of the effectiveness of the 

5 commercialization assistance pilot program im6 plemented by each covered agency; and 

7 ‘‘(J) recommendations for improvements to 

8 the commercialization assistance pilot program. 

9 ‘‘(10) DEFINITIONS.—For purposes of this sub10 section: 

11 ‘‘(A) COVERED AGENCY.—The term ‘cov12 ered agency’ means a Federal agency required 

13 to have an SBIR program. 

14 ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligi15 ble entity’ means a small business concern that 

16 has received a Phase II award under an SBIR 

17 program and an additional Phase II SBIR 

18 award under subsection (ff) from the covered 

19 agency to which such small business concern is 

20 applying for a subsequent Phase II SBIR 

21 award. 

22 ‘‘(C) ELIGIBLE THIRD-PARTY INVESTOR.— 

23 The term ‘eligible third-party investor’ means a 

24 small business concern other than an eligible 

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1 vestor, a non-SBIR Federal, State or local gov2 ernment, or any combination thereof. 

3 ‘‘(D) INELIGIBLE SOURCES.—The term 

4 ‘ineligible sources’ means the following: 

5 ‘‘(i) The eligible entity’s internal re6 search and development funds. 

7 ‘‘(ii) Funding in forms other than 

8 cash, such as in-kind or other intangible 

9 assets. 

10 ‘‘(iii) Funding from the owners of the 

11 eligible entity, or the family members or 

12 affiliates of such owners. 

13 ‘‘(iv) Funding attained through loans 

14 or other forms of debt obligations. 

15 ‘‘(E) SUBSEQUENT PHASE II SBIR

16 AWARD.—The term ‘subsequent Phase II SBIR 

17 award’ means an award granted to an eligible 

18 entity under this subsection to carry out further 

19 commercialization activities for research con20 ducted pursuant to an SBIR program.’’. 

21 SEC. 12. PHASE 0 PROOF OF CONCEPT PARTNERSHIP PILOT 

22 PROGRAM. 

23 Section 9(jj) of the Small Business Act (15 U.S.C. 

24 638(jj) is amended— 

25 (1) in paragraph (1)— 


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1 (A) by striking ‘‘The Director of the Na2 tional Institutes of Health’’ and inserting 

3 ‘‘Each covered agency head’’; and 

4 (B) by striking ‘‘the Director’’ and insert5 ing ‘‘each covered agency head’’; 

6 (2) by amending subparagraph (A) of para7 graph (2) to read as follows: 

8 ‘‘(A) the term ‘covered agency head’ means 

9 the Director of the National Institutes of 

10 Health, the Director of the National Science 

11 Foundation, the Administrator of the National 

12 Aeronautics and Space Administration and the 

13 Secretary of Energy;’’; 

14 (3) in paragraph (4)— 

15 (A) in subparagraph (A), by striking ‘‘The 

16 Director’’ and inserting ‘‘Each covered agency 

17 head’’; and 

18 (B) in subparagraph (B), by striking ‘‘the 

19 Director shall consider, in addition to any other 

20 criteria the Director’’ and inserting ‘‘each cov21 ered agency head shall consider, in addition to 

22 any other criteria the appropriate covered agen23 cy head’’; and 

24 (4) in paragraph (6), by striking ‘‘The Direc25 tor’’ and inserting ‘‘Each covered agency head’’. 


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1 SEC. 13. REPORTING REQUIREMENTS. 

2 (a) ANNUAL REPORT TO CONGRESS.—Section 

3 9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) 

4 is amended by striking ‘‘to report not less than annually’’ 

5 and inserting ‘‘to submit a report not later than December 

6 31 of each year’’. 

7 (b) ANNUAL REPORT TO SBA AND THE OFFICE OF

8 SCIENCE AND TECHNOLOGY POLICY.—Section 9(g)(9) of 

9 the Small Business Act (15 U.S.C. 638(g)(9)) is amend10 ed— 

11 (1) by striking ‘‘make an annual report’’ and 

12 inserting ‘‘not later than March 30 of each year, 

13 submit a report’’; and 

14 (2) by striking ‘‘and the Office of Science and 

15 Technology Policy’’ and inserting ‘‘, the Office of 

16 Science and Technology Policy, the Committee on 

17 Science, Space, and Technology and the Committee 

18 on Small Business of the House of Representatives, 

19 and the Committee on Small Business and Entrepre20 neurship of the Senate’’. 

21 SEC. 14. SBIR PHASE FLEXIBILITY. 

22 Section 9(cc) of the Small Business Act (15 U.S.C. 

23 638(cc)) is amended by striking ‘‘During fiscal years’’ and 

24 all that follows through ‘‘may each provide’’ and inserting 


pamtmann on DSKBFK8HB2PROD with BILLS
25 

•HR 3774 IH

1 ‘‘During fiscal years 2020 through 2024, all agencies par2 ticipating in the SBIR program may provide’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS