SBIR Commercialization Assistance Act of 2017

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SBIR Commercialization Assistance 
Act of 2017''.

SEC. 2. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM.

    Section 9 of the Small Business Act (15 U.S.C. 638) is amended by 
adding at the end the following new subsection:
    ``(tt) Commercialization Assistance Pilot Programs.--
            ``(1) Pilot programs implemented.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than one year after the 
                date of the enactment of this subsection, a covered 
                agency shall implement a commercialization assistance 
                pilot program, under which an eligible entity may 
                receive a subsequent Phase II SBIR award.
                    ``(B) Exception.--If the Administrator determines 
                that a covered agency has a program that is 
                sufficiently similar to the commercialization 
                assistance pilot program established under this 
                subsection, such covered agency shall not be required 
                to implement a commercialization assistance pilot 
                program under this subsection.
            ``(2) Percent of agency funds.--The head of each covered 
        agency may allocate not more than 5 percent of the funds 
        allocated to the SBIR program of the covered agency for the 
        purpose of making a subsequent Phase II SBIR award under the 
        commercialization assistance pilot program.
            ``(3) Termination.--A commercialization assistance pilot 
        program established under this subsection shall terminate on 
        September 30, 2022.
            ``(4) Application.--To be selected to receive a subsequent 
        Phase II SBIR award under a commercialization assistance pilot 
        program, an eligible entity shall submit to the covered agency 
        implementing such pilot program an application at such time, in 
        such manner, and containing such information as the covered 
        agency may require, including--
                    ``(A) an updated Phase II commercialization plan; 
                and
                    ``(B) the source and amount of the matching funding 
                required under paragraph (5).
            ``(5) Matching funding.--
                    ``(A) In general.--The Administrator shall require, 
                as a condition of any subsequent Phase II SBIR award 
                made to an eligible entity under this subsection, that 
                a matching amount (excluding any fees collected by the 
                eligible entity receiving such award) equal to the 
                amount of such award be provided from an eligible 
                third-party investor.
                    ``(B) Ineligible sources.--An eligible entity may 
                not use funding from ineligible sources to meet the 
                matching requirement of subparagraph (A).
            ``(6) Award.--A subsequent Phase II SBIR award made to an 
        eligible entity under this subsection--
                    ``(A) may not exceed the limitation described under 
                subsection (aa)(1); and
                    ``(B) shall be disbursed during Phase II.
            ``(7) Use of funds.--The funds awarded to an eligible 
        entity under this subsection may only be used for research and 
        development activities that build on eligible entity's Phase II 
        program and ensure the research funded under such Phase II is 
        rapidly progressing towards commercialization.
            ``(8) Selection.--In selecting eligible entities to 
        participate in a commercialization assistance pilot program 
        under this subsection, the head of a covered agency shall 
        consider--
                    ``(A) the extent to which such award could aid the 
                eligible entity in commercializing the research funded 
                under the eligible entity's Phase II program;
                    ``(B) whether the updated Phase II 
                commercialization plan submitted under paragraph (4) 
                provides a sound approach for establishing technical 
                feasibility that could lead to commercialization of 
                such research;
                    ``(C) whether the proposed activities to be 
                conducted under such updated Phase II commercialization 
                plan further improve the likelihood that such research 
                will provide societal benefits;
                    ``(D) whether the small business concern has 
                progressed satisfactorily in Phase II to justify 
                receipt of a subsequent Phase II SBIR award;
                    ``(E) the expectations of the eligible third-party 
                investor that provides matching funding under paragraph 
                (5); and
                    ``(F) the likelihood that the proposed activities 
                to be conducted under such updated Phase II 
                commercialization plan using matching funding provided 
                by such eligible third-party investor will lead to 
                commercial and societal benefit.
            ``(9) Evaluation report.--Not later than 3 years after the 
        date of the enactment of this subsection, the Comptroller 
        General of the United States shall submit to the Committee on 
        Science, Space, and Technology and the Committee on Small 
        Business of the House of Representatives, and the Committee on 
        Small Business and Entrepreneurship of the Senate, a report 
        including--
                    ``(A) a summary of the activities of 
                commercialization assistance pilot programs carried out 
                under this subsection;
                    ``(B) a detailed compilation of results achieved by 
                such commercialization assistance pilot programs, 
                including the number of eligible entities that received 
                awards under such programs;
                    ``(C) the rate at which each eligible entity that 
                received a subsequent Phase II SBIR award under this 
                subsection commercialized research of the recipient;
                    ``(D) the growth in employment and revenue of 
                eligible entities that is attributable to participation 
                in a commercialization assistance pilot program;
                    ``(E) a comparison of commercialization success of 
                eligible entities participating in a commercialization 
                assistance pilot program with recipients of an 
                additional Phase II SBIR award under subsection (ff);
                    ``(F) demographic information, such as ethnicity 
                and geographic location, of eligible entities 
                participating in a commercialization assistance pilot 
                program;
                    ``(G) an accounting of the funds used at each 
                covered agency that implements a commercialization 
                assistance pilot program under this subsection;
                    ``(H) the amount of matching funding provided by 
                eligible third-party investors, set forth separately by 
                source of funding;
                    ``(I) an analysis of the effectiveness of the 
                commercialization assistance pilot program implemented 
                by each covered agency; and
                    ``(J) recommendations for improvements to the 
                commercialization assistance pilot program.
            ``(10) Definitions.--For purposes of this subsection:
                    ``(A) Covered agency.--The term `covered agency' 
                means a Federal agency required to have an SBIR 
                program.
                    ``(B) Eligible entity.--The term `eligible entity' 
                means a small business concern that has received a 
                Phase II award under an SBIR program and an additional 
                Phase II SBIR award under subsection (ff) from the 
                covered agency to which such small business concern is 
                applying for a subsequent Phase II SBIR award.
                    ``(C) Eligible third-party investor.--The term 
                `eligible third-party investor' means a small business 
                concern other than an eligible entity, a venture 
                capital firm, an individual investor, a non-SBIR 
                Federal, State or local government, or any combination 
                thereof.
                    ``(D) Ineligible sources.--The term `ineligible 
                sources' means the following:
                            ``(i) The eligible entity's internal 
                        research and development funds.
                            ``(ii) Funding in forms other than cash, 
                        such as in-kind or other intangible assets.
                            ``(iii) Funding from the owners of the 
                        eligible entity, or the family members or 
                        affiliates of such owners.
                            ``(iv) Funding attained through loans or 
                        other forms of debt obligations.
                    ``(E) Subsequent phase ii sbir award.--The term 
                `subsequent Phase II SBIR award' means an award granted 
                to an eligible entity under this subsection to carry 
                out further commercialization activities for research 
                conducted pursuant to an SBIR program.''.

Summary: SBIR Commercialization Assistance Act of 2017 This bill amends the Small Business Act to require a federal agency required to have a Small Business Innovation Research (SBIR) program (covered agency) to implement a commercialization assistance pilot program (CAPP), under which an eligible entity may received a subsequent Phase II SBIR award through FY2022, unless the Small Business Administration determines that the agency already has a program sufficiently similar to a CAPP. An eligible entity is a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award from the covered agency to which such small business concern is applying for the subsequent award. The Government Accountability Office must evaluate and report to Congress on CAPP, including a summary of activities and results and recommendations for CAPP improvement.