Sec. 21. Improvements to SBIR/STTR commercialization
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/bill/116/s/3554/is/section-21A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purpose of this section is to make the small business research programs permanent, allow limited skipping of the first research phase, and designate a Technology Commercialization Officer in each participating agency to help companies with commercialization. Section 9(m) of the Small Business Act ( 15 U.S.C. 638(m) ) is amended— in the subsection heading, by striking and inserting Termination ; and SBIR program authorization by striking terminate on September 30, 2022 and inserting be in effect for each fiscal year .
Section 9(n)(1)(A) of the Small Business Act ( 15 U.S.C. 638(n)(1)(A) ) is amended by striking through fiscal year 2022 . Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended— in subsection (g)— in paragraph (4)(B)(i)— by striking 1 year and inserting 180 days ; and by striking National Institutes of Health or the National Science Foundation and inserting Department of Health and Human Services, the National Science Foundation, or the Department of Agriculture ; in paragraph (11), by striking and at the end; in paragraph (12), by striking the period at the end and inserting ; and ; and by adding at the end the following: with respect to peer review carried out under the SBIR program, to the extent practicable, include in the peer review— the likelihood of commercialization in addition to scientific and technical merit and feasibility; and not less than 1 reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization. ; in subsection (o)— in paragraph (4)(B)(i)— by striking 1 year and inserting 180 days ; and by striking National Institutes of Health or the National Science Foundation and inserting Department of Health and Human Services, the National Science Foundation, or the Department of Agriculture ; in paragraph (15), by striking and at the end; in paragraph (16), by striking the period at the end and inserting ; and ; and by adding at the end the following: with respect to peer review carried out under the STTR program, to the extent practicable, include in the peer review— the likelihood of commercialization in addition to scientific and technical merit and feasibility; and not less than 1 reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization. ; in subsection (aa), by adding at the end the following:
The waiver authority under paragraph
(4)shall not apply to Phase II awards that skip Phase I unless the additional funds are needed to respond to an urgent need in the United States, such as a pandemic. ; in subsection (cc)— by striking During fiscal years 2012 through 2022, the National Institutes of Health, the Department of Defense, and the Department of Education and inserting the following: During fiscal years 2020 through 2025, each Federal agency with an SBIR or STTR program ; and by adding at the end the following: The total value of awards provided by a Federal agency under this subsection in a fiscal year shall be— except as provided in subparagraph (B), not more than 10 percent of the total funds allocated to the SBIR and STTR programs of the Federal agency during that fiscal year; and with respect to the Department of Health and Human Services, not more than 15 percent of the total funds allocated to the SBIR and STTR programs of the Department of Health and Human Services during that fiscal year. During fiscal years 2024 and 2025, 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 (tt)(1)(B) have been submitted to the appropriate committees; the results in the reports demonstrate that skipping Phase I is effective at commercializing SBIR and STTR projects; and the allocation percentages in subsections (f)(1) and (n)(1) have been increased above 3.2 percent and .45 percent, respectively. ; in subsection (hh)(2)(A)(i), by striking procedures and model contracts and inserting processes and requirements and simplified and standardized model contracts or awards ; and by adding at the end the following: Each Federal agency participating in the SBIR or STTR program shall designate a Technology Commercialization Official in the Federal agency, who shall— have sufficient commercialization experience; provide assistance to SBIR and STTR program awardees in commercializing and transitioning technologies; 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 contracts; coordinate with the Technology Commercialization Officials of other Federal agencies to identify additional markets and commercialization pathways for promising SBIR and STTR program technologies; 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
(xx)and how those activities may relate to support of the diversification of the United States supply chain; 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 described in subsection (xx)(E); and carry out such other duties as the Federal agency determines necessary. .
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Sec. 21
Improvements to SBIR/STTR commercialization
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