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.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2702 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2702
To amend the Small Business Act to establish a commercialization
assistance pilot program under the SBIR program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2017
Mr. Lawson of Florida 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 establish a commercialization
assistance pilot program under the SBIR program, 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 ``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.''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Research and Technology.
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