[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4777 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 4777

To improve the SBIR and STTR programs under the Small Business Act, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2025

Mr. Williams of Texas 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 improve the SBIR and STTR programs under the Small Business Act, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Investing in 
National Next-Generation Opportunities for Venture Acceleration and 
Technological Excellence'' or the ``INNOVATE Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
      TITLE I--PROMOTING TRANSITION FOR BATTLE-READY TECHNOLOGIES

Sec. 101. Enhancing small business success in the STTR program.
Sec. 102. Phase II strategic breakthrough funding.
Sec. 103. Implementation briefings.
Sec. 104. Fixed-price contracts.
   TITLE II--ENCOURAGING SMALL BUSINESS INNOVATION IN ALL OF AMERICA

Sec. 201. Encouraging new SBIR and STTR entrants.
Sec. 202. Combating discriminatory practices in the SBIR and STTR 
                            programs.
Sec. 203. Disclosures and prohibitions relating to certain agreements 
                            with entities engaging in censorship.
Sec. 204. Connecting SBIR and STTR awardees and small business 
                            investment companies.
Sec. 205. Agency outreach to rural communities.
  TITLE III--STREAMLINING PARTICIPATION IN THE SBIR AND STTR PROGRAMS

Sec. 301. Amendments relating to open topics.
Sec. 302. Reducing administrative burden.
  TITLE IV--PROTECTING AMERICAN INNOVATION FROM ADVERSARIAL INFLUENCE

Sec. 401. Definition of foreign risk.
Sec. 402. Bolstering research security of SBIR and STTR awards.
Sec. 403. Strengthening the due diligence program to assess security 
                            risks.
Sec. 404. Strengthening agency recovery authority.
Sec. 405. Best practices on investor informational rights.
Sec. 406. GAO report.
                TITLE V--SIMPLIFYING SBIR-STTR STANDARDS

Sec. 501. Improving direct to Phase II authorities.
Sec. 502. Improving SBIR and STTR data collection.
Sec. 503. Streamlining program administration.
Sec. 504. Extending SBIR and STTR authorization.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Technical amendments.
Sec. 602. Repeals.
Sec. 603. Severability.

SEC. 2. DEFINITIONS.

    In this Act, the terms ``Phase I'', ``Phase II'', ``Phase III'', 
``SBIR'', and ``STTR'' have the meanings given those terms in section 
9(e) of the Small Business Act (15 U.S.C. 638(e)).

      TITLE I--PROMOTING TRANSITION FOR BATTLE-READY TECHNOLOGIES

SEC. 101. ENHANCING SMALL BUSINESS SUCCESS IN THE STTR PROGRAM.

    Section 9 of the Small Business Act (15 U.S.C. 638 et seq.) is 
amended--
            (1) in subsection (e)(7)--
                    (A) by striking ``40'' and inserting ``50''; and
                    (B) by striking ``30'' and inserting ``20'';
            (2) in subsection (f)(1)--
                    (A) in subparagraph (H), by striking ``and'' at the 
                end;
                    (B) in subparagraph (I), by striking ``and each 
                fiscal year thereafter,'' and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(J) not less than 3.45 percent of such budget in 
                fiscal year 2026 and every year thereafter,''; and
            (3) in subsection (n)(1)(B)--
                    (A) in clause (iv), by striking ``and'' at the end;
                    (B) in clause (v), by striking ``and each fiscal 
                year thereafter.'' and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vi) not less than 0.20 percent for 
                        fiscal year 2026 and each fiscal year 
                        thereafter.''.

SEC. 102. PHASE II STRATEGIC BREAKTHROUGH FUNDING.

    (a) In General.--Section 9 of the Small Business Act (15 U.S.C. 
638) is amended--
            (1) in subsection (aa), by adding at the end the following:
            ``(6) Strategic breakthrough allocation.--Participating 
        agencies with a budget for SBIR greater than $100,000,000 shall 
        not be required to receive a waiver from the Administrator to 
        award a small business concern not more than $30,000,000 when 
        using funds made available under a strategic breakthrough 
        allocation (as defined in subsection (ff)).''; and
            (2) in subsection (ff)--
                    (A) in the subsection heading, by striking ``and 
                STTR'' and inserting ``Phase II'';
                    (B) in paragraph (1), by striking ``or Phase II 
                STTR award''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Strategic breakthrough awards.--
                    ``(A) Award.--Under this subparagraph, a funding 
                agreement may be awarded to a small business concern by 
                each participating agency using funds made available 
                under a strategic breakthrough allocation, as defined 
                in subparagraph (B).
                    ``(B) Fund parameters.--
                            ``(i) Strategic breakthrough allocation 
                        defined.--In this subparagraph, the term 
                        `strategic breakthrough allocation' means, with 
                        respect to a participating agency with a 
                        required expenditure under subsection (f)(1) in 
                        excess of $100,000,000, a required expenditure 
                        amount from the SBIR allocation under 
                        subsection (f)(1) of such agency of not less 
                        than 0.25 percent of the extramural budget for 
                        research or research and development designated 
                        for such agency for fiscal year 2026 and every 
                        fiscal year thereafter.
                            ``(ii) Requirements.--In the case of a 
                        Phase II agreement that is awarded to a small 
                        business concern by a participating agency 
                        using funds made available under a strategic 
                        breakthrough allocation, the following 
                        requirements shall apply:
                                    ``(I) Award size and period of 
                                performance.--A participating agency 
                                may award from a strategic breakthrough 
                                allocation not more than $30,000,000 in 
                                aggregate to a small business concern, 
                                including its affiliates, spinouts, or 
                                subsidiaries based on reaching 
                                production or development milestone if 
                                the total period of performance of the 
                                project with respect to which such 
                                funds are awarded is not more than 48 
                                months.
                                    ``(II) Small business concern 
                                requirements.--The small business 
                                concern shall--
                                            ``(aa) have been awarded 
                                        not less than 1 prior Phase II 
                                        award under the SBIR or STTR 
                                        program;
                                            ``(bb) demonstrate not less 
                                        than 100 percent matching funds 
                                        from sources other than the 
                                        Government or amounts awarded 
                                        by participating agencies under 
                                        a program other than Phase I 
                                        and II of the SBIR or STTR 
                                        program as a result of an award 
                                        using funds made available 
                                        under a strategic breakthrough 
                                        allocation;
                                            ``(cc) is an effective 
                                        solution, as determined by 
                                        market research; and
                                            ``(dd) only be eligible for 
                                        an award from the strategic 
                                        breakthrough allocation if the 
                                        product, process, or technology 
                                        of the small business concern--

                                                    ``(AA) meets a 
                                                necessary level of 
                                                readiness and has a 
                                                commitment for 
                                                inclusion in a program 
                                                objective memorandum 
                                                from an official with 
                                                the rank of program 
                                                executive officer or 
                                                higher in an 
                                                acquisition 
                                                organization of the 
                                                participating agency 
                                                making such award; and

                                                    ``(BB) will meet 
                                                high priority 
                                                requirements or 
                                                operational needs of 
                                                such participating 
                                                agency through a 
                                                successful transition 
                                                and into the 
                                                acquisition process.

                                    ``(III) Deadline.--Each 
                                participating agency shall complete any 
                                contract awards using strategic 
                                breakthrough allocation funds not later 
                                than 90 days after receiving a proposal 
                                from a small business concern for the 
                                award.
                                    ``(IV) Eligible activities.--
                                Eligible activities by a small business 
                                concern using strategic breakthrough 
                                allocation funds are--
                                            ``(aa) design for 
                                        manufacturing;
                                            ``(bb) establishing 
                                        manufacturing facilities, 
                                        tooling, and supply chain 
                                        capacity;
                                            ``(cc) buying raw materials 
                                        or inventory;
                                            ``(dd) the integration of 
                                        products with open 
                                        interoperability standards;
                                            ``(ee) testing, evaluation, 
                                        and certification of low-rate 
                                        production units; and
                                            ``(ff) the purchase of 
                                        production units and 
                                        maintenance.
                                    ``(V) Selection criteria.--In 
                                making awards using funds made 
                                available under a strategic 
                                breakthrough allocation, a 
                                participating agency shall consider--
                                            ``(aa) the potential of the 
                                        small business concern to--

                                                    ``(AA) advance the 
                                                national security 
                                                capabilities of the 
                                                United States; and

                                                    ``(BB) provide new 
                                                technologies or 
                                                processes, or new 
                                                applications of 
                                                existing technologies, 
                                                that will enable new 
                                                alternatives to 
                                                existing programs;

                                            ``(bb) whether a customer 
                                        in the participating agency has 
                                        expressed an intent to purchase 
                                        and integrate technology from 
                                        the small business concern into 
                                        its operations; and
                                            ``(cc) whether a particular 
                                        technology area is 
                                        undercapitalized by private 
                                        investment.
                    ``(C) Acquisition mechanism.--A participating 
                agency shall establish a mechanism to provide small 
                business concerns with direct access to program and 
                requirements offices throughout the participating 
                agency that may purchase technology from small business 
                concerns under Phase III of the SBIR program.
                    ``(D) Use of streamlined contracting mechanisms.--
                Each participating agency shall implement streamlined 
                processes and requirements for submitting proposals and 
                applying for awards using funds made available under a 
                strategic breakthrough allocation.''.
    (b) Commercialization Readiness Program.--Section 9(y) of the Small 
Business Act (15 U.S.C. 638(y)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``shall identify'' and inserting 
                the following: ``shall--
                    ``(A) identify'';
                    (B) in subparagraph (A), as so designated--
                            (i) by inserting ``, including small 
                        business concerns with an award from the 
                        strategic breakthrough allocation,'' before 
                        ``that have the potential''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(B) ensure, in collaboration with SBIR program 
                managers of each component, that research programs 
                identified under subparagraph (A) are analyzed within 
                the programming and budgeting process as budget 
                requests are developed; and
                    ``(C) provide to the Committee on Small Business 
                and Entrepreneurship of the Senate and the Committees 
                on Small Business and Science, Space, and Technology of 
                the House of Representatives information on the 
                integration of SBIR and STTR awardees in budget 
                rollouts for research, development, testing, and 
                evaluation activities.'';
            (2) by striking paragraph (3) and redesignating paragraphs 
        (4), (5), and (6) as paragraphs (3), (4), and (5), 
        respectively; and
            (3) in paragraph (5), as so redesignated--
                    (A) in the subparagraph heading, by striking ``and 
                sttr'';
                    (B) in subparagraph (A)--
                            (i) by inserting ``substantively'' before 
                        ``increase'';
                            (ii) by striking ``and the number of Phase 
                        II STTR contracts''; and
                            (iii) by inserting ``in fiscal year 2028 as 
                        compared to fiscal year 2025'' before the 
                        semicolon at the end;
                    (C) in subparagraph (B), by striking ``and'' at the 
                end;
                    (D) by redesignating subparagraph (C) as 
                subparagraph (E);
                    (E) by inserting after subparagraph (B) the 
                following:
                    ``(C) establish a mechanism to provide small 
                business concerns with direct access to program and 
                requirements offices that may purchase technology from 
                the small business concern under Phase III of the SBIR 
                program;
                    ``(D) allow services to provide operational needs 
                statements directly to chiefs of requirements offices; 
                and''; and
                    (F) in subparagraph (E), as so redesignated, in 
                clause (i) by striking ``and STTR contracts''.

SEC. 103. IMPLEMENTATION BRIEFINGS.

    Not later than 60 days after the date of enactment of this Act, and 
on a recurrent basis until the implementation of paragraph (3) of 
section 9(ff) of the Small Business Act (15 U.S.C. 638(ff)), as added 
by section 102, is complete, the head of each agency participating in 
the SBIR or STTR programs that made an award from funds made available 
under a strategic breakthrough allocation (as defined under paragraph 
(3)(B) of section 9(ff) of the Small Business Act (15 U.S.C. 638(ff), 
as added by section 102)) shall brief the Committee on Small Business 
and Entrepreneurship of the Senate and the