S.Amdt. 4336

SA 4336. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REPORT ON FOREIGN INVESTMENT IN SBIR AND STTR
FIRMS.

(a) Definitions.--In this section, 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)).
(b) Report Required.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report regarding
foreign investment in SBIR and STTR awardees.
(c) Elements.--The report required under subsection (b)
shall, to the extent practicable, include an assessment of--
(1) the pervasiveness of foreign investment in firms
receiving SBIR and STTR awards, including--
(A) the number or percentage of those firms that have
accepted foreign investment before receiving such an award or
during the performance of such an award; and
(B) the number or percentage of those firms in which
foreign individuals or entities have a minority ownership
stake;
(2) the extent to which SBIR and STTR awardees are being
targeted by foreign investors, including investors with ties
to the People's Republic of China or the Russian Federation,
for additional funding or investment before, during, or after
concluding Phase I, Phase II, or Phase III;
(3) the extent to which former SBIR and STTR awardees are
conducting final-stage research and product commercialization
outside of the United States;
(4) the extent to which SBIR and STTR awardees are
experiencing or have experienced theft of Government-funded
research and development by foreign investors or actors;
(5) the extent to which existing ownership disclosure
requirements are effective in protecting Federal research and
development funds from theft or foreign transfer;
(6) the extent to which SBIR and STTR awardees being
targeted by foreign investors poses supply chain risks and
threats to the national security of the United States;
(7) recommendations for further protecting Federal research
and development funds from foreign theft or influence; and
(8) recommendations for protecting SBIR and STTR awardees
from foreign targeting or theft of the intellectual property
of those awardees.
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