325 
(A) administrative costs of the STTR program, including costs 
associated with salaries and expenses; or 
(B) in the case of a small business concern or a research insti-
tution, costs associated with salaries, expenses, and administrative 
overhead (other than direct or indirect costs allowable under 
guidelines of the Office of Management and Budget and the Gov-
ernmentwide Federal Acquisition Regulation; or 
(2) make available for the purpose of meeting the requirements of 
subsection (a) an amount of its extramural budget for basic research 
that exceeds the percentage specified in subsection (a). 
(c) EXCLUSION OF CERTAIN FUNDING AGREEMENTS.—A funding agree-
ment with a small business concern for research or research and develop-
ment that results from a competitive or single source selection other than 
an STTR program shall not be considered to meet any portion of the per-
centage requirement of subsection (a). 
§ 263202. Administration by Federal agencies 
An STTR agency shall— 
(1) unilaterally determine categories of projects to be included in its 
STTR program; 
(2) issue STTR program solicitations in accordance with a schedule 
determined cooperatively with the Administrator; 
(3) unilaterally determine research topics within the Federal agency’s 
STTR program solicitations, giving special consideration to broad re-
search topics and to topics that further 1 or more critical technologies, 
as identified by— 
(A) the National Critical Technologies Panel in the reports re-
quired under section 603 of the National Science and Technology 
Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683) 
(as in effect before January 1, 2001); or 
(B) the Secretary of Defense, in the reports required under sec-
tion 2522 of title 10 (as in effect before February 10, 1996); 
(4)(A) unilaterally receive and evaluate proposals resulting from 
STTR program solicitations; and 
(B) make a final decision on each proposal submitted under the 
STTR program— 
(i) not later than 1 year after the date on which the applicable 
solicitation closes, if with respect to the National Institutes of 
Health or the National Science Foundation, or 90 days after the 
date on which the applicable solicitation closes, if with respect to 
any STTR participating agency; or 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00325
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
326 
(ii) if the Administrator authorizes an extension for a solicita-
tion, not later than 90 days after the date that would be applicable 
to the STTR participating agency under clause (i); 
(5)(A) unilaterally select awardees for its STTR program funding 
agreements; and 
(B) inform each awardee under a funding agreement, to the extent 
possible, of the expenses of the awardee that will be allowable under 
the funding agreement; 
(6) administer its own STTR program funding agreements (or dele-
gate such administration to another Federal agency); 
(7)(A) make payments to recipients of STTR program funding 
agreements on the basis of progress toward or completion of the fund-
ing agreement requirements; and 
(B) in all cases, make payment to recipients under funding agree-
ments in full, subject to audit, on or before the last day of the 12- 
month period beginning on the date of the completion of the funding 
agreement requirements; 
(8)(A) include as part of its annual performance plan as required by 
subsections (a) and (b) of section 1115 of title 31 a section on its 
STTR program; and 
(B) submit that section to the Committee on Small Business and 
Entrepreneurship of the Senate and the Committee on Science and the 
Committee on Small Business of the House of Representatives; 
(9) collect annually, and maintain in a common format in accordance 
with the simplified reporting requirements under section 263304 of this 
title, such information from applicants and awardees as is necessary to 
assess STTR program outputs and outcomes, including information 
necessary to maintain the database under section 263301 of this title, 
including— 
(A) whether an applicant or awardee— 
(i) has venture capital, hedge fund, or private equity firm 
investment or is majority-owned by multiple venture capital 
operating companies, hedge funds, or private equity firms 
and, if so— 
(I) the amount of venture capital, hedge fund, or pri-
vate equity firm investment that the applicant or award-
ee has received as of the date of the application or 
award, as applicable; and 
(II) the amount of additional capital that the appli-
cant or awardee has invested in the STTR technology; 
(ii) has an investor that— 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00326
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
327 
(I) is an individual who is not a citizen of the United 
States or a lawful permanent resident of the United 
States and, if so, the name of any such individual; or 
(II) is a person that is not an individual and is not 
organized under the laws of a State or the United States 
and, if so, the name of any such person; 
(iii) is owned by a woman or has a woman as a principal 
investor; 
(iv) is owned by a socially or economically disadvantaged 
individual or has a socially or economically disadvantaged in-
dividual as a principal investor; 
(v) is a faculty member or a student of an institution of 
higher education (as defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001); or 
(vi) is located in a State in which the total value of con-
tracts awarded to small business concerns under all STTR 
programs is less than the total value of contracts awarded to 
small business concerns in a majority of other States, as de-
termined by the Administrator in biennial fiscal years, begin-
ning with fiscal year 2008, based on the most recent statistics 
compiled by the Administrator; 
(B) if an awardee receives an award in an amount that is more 
than the award guidelines under this division, a statement from 
the agency that justifies the award amount; and 
(C) data with respect to the FAST program; 
(10) adopt the agreement developed by the Administrator under sec-
tion 263204 of this title as the STTR agency’s model agreement for 
allocating between small business concerns and research institutions— 
(A) intellectual property rights; and 
(B) rights, if any, to carry out follow-on research, development, 
or commercialization; 
(11) develop, in consultation with the Office of Federal Procurement 
Policy and the Office of Government Ethics, procedures to ensure that 
federally funded research and development centers that participate in 
STTR program agreements— 
(A) are free from organizational conflicts of interests relative to 
the program; 
(B) do not use privileged information gained through work per-
formed for an STTR agency or private access to STTR agency 
personnel in the development of an STTR program proposal; and 
(C) use outside peer review, as appropriate; 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00327
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
328 
(12) develop procedures for assessing the commercial merit and fea-
sibility of STTR program proposals, as evidenced by— 
(A) the small business concern’s record of successfully commer-
cializing STTR program research or other research; 
(B) the existence of phase II funding commitments from private 
sector or non-STTR program funding sources; 
(C) the existence of phase III follow-on commitments for the 
subject of the research; and 
(D) the presence of other indicators of the commercial potential 
of the idea; 
(13) implement an outreach program to research institutions and 
small business concerns for the purpose of enhancing its STTR pro-
gram, in conjunction with any such outreach done for purposes of the 
STTR agency’s SBIR program; 
(14) provide for and fully implement the tenets of Executive Order 
13329 (Encouraging Innovation in Manufacturing); 
(15) provide timely notice to the Administrator of any case or con-
troversy before any Federal judicial or administrative tribunal con-
cerning the STTR program of the Federal agency; and 
(16) annually submit to the Administrator and the Office of Science 
and Technology Policy a report on its STTR program. 
§ 263203. Policy directive 
(a) ISSUANCE.—The Administrator shall issue a policy directive for the 
general conduct of the STTR programs within the Federal Government. 
(b) CONSULTATION.—The STTR program policy directive shall be issued 
after consultation with— 
(1) the heads of each of the STTR agencies; 
(2) the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office; and 
(3) the Administrator for Federal Procurement Policy. 
(c) CONTENTS.—The policy directive required by subsection (a) shall pro-
vide for— 
(1) simplified, standardized, and timely STTR program solicitations; 
(2) a simplified, standardized funding process that provides for— 
(A) the timely receipt and review of proposals; 
(B) outside peer review, if appropriate; 
(C) protection of proprietary information provided in proposals; 
(D) selection of awardees; 
(E) retention by a small business concern of the rights to data 
generated by the small business concern in the performance of an 
STTR award for a period of not less than 4 years; 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00328
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
329 
(F) continued use by a small business concern, as a directed 
bailment, of any property transferred by a Federal agency to the 
small business concern in phase II of the Federal agency’s STTR 
program for a period of not less than 2 years, beginning on the 
initial date of the small business concern’s participation in phase 
III of the STTR program; 
(G) cost sharing; 
(H) cost principles and payment schedules; and 
(I)(i) 1-year awards for phase I of an STTR program, generally 
not to exceed $150,000 (which amount the Administrator shall ad-
just annually for inflation), greater or lesser amounts to be award-
ed at the discretion of the awarding Federal agency, and shorter 
or longer periods of time to be approved at the discretion of the 
awarding agency where appropriate for a particular project; and 
(ii) 2-year awards for phase II of the STTR program, generally 
not to exceed $1,000,000 (which amount the Administrator shall 
adjust annually for inflation), greater or lesser amounts to be 
awarded at the discretion of the awarding Federal agency, and 
shorter or longer periods of time to be approved at the discretion 
of the awarding agency where appropriate for a particular project; 
(3) minimizing the regulatory burdens associated with participation 
in an STTR program; 
(4) guidelines for a model agreement, to be used by all Federal agen-
cies, for allocating between small business concerns and research insti-
tutions— 
(A) intellectual property rights; and 
(B) rights, if any, to carry out follow-on research, development, 
or commercialization; 
(5) procedures to ensure that— 
(A) a recipient of an STTR award is a small business concern; 
and 
(B) the small business concern exercises management and con-
trol of the performance of the STTR program funding agreement 
under a business plan providing for the commercialization of the 
technology that is the subject matter of the award; and 
(6) procedures to ensure, to the extent practicable, that a Federal 
agency that intends to pursue research, development, or production of 
a technology developed by a small business concern under an STTR 
program enters into a follow-on, non-STTR program funding agree-
ment with the small business concern for the research, development, or 
production. 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00329
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
330 
(d) RIGHTS
TO
DATA.—The rights provided for under subsection 
(c)(2)(E) shall apply to all Federal funding awards under this division, in-
cluding phase I, phase II, and phase III awards. 
§ 263204. Model agreement for intellectual property rights 
(a) IN GENERAL.—The Administrator shall promulgate regulations estab-
lishing a single model agreement for use in an STTR program that allocates 
between small business concerns and research institutions— 
(1) intellectual property rights; and 
(2) rights, if any, to carry out follow-on research, development, or 
commercialization. 
(b) OPPORTUNITY FOR COMMENT.—In promulgating regulations under 
subsection (a), the Administrator shall provide to affected Federal agencies, 
small business concerns, research institutions, and other interested parties 
the opportunity to submit written comments. 
§ 263205. Phase 0 proof of concept partnership pilot pro-
gram 
(a) DEFINITIONS.—In this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Na-
tional Institutes of Health. 
(2) PARTICIPATING
RESEARCH
INSTITUTION.—The term ‘‘partici-
pating research institution’’ means a university or other research insti-
tution that participates in the National Institutes of Health’s STTR 
program. 
(3) PILOT PROGRAM.—The term ‘‘pilot program’’ means the proof of 
concept partnership pilot program under subsection (b). 
(b) IN GENERAL.—The Director may use $5,000,000 of the funds allo-
cated under section 263201(a) of this title for a proof of concept partner-
ship pilot program to accelerate the creation of small businesses and the 
commercialization of research innovations from participating research insti-
tutions. To implement the pilot program, the Director shall award, through 
a competitive, merit-based process, grants to participating research institu-
tions. The grants shall be used only to administer proof of concept partner-
ship awards in conformity with this section. 
(c) PROOF OF CONCEPT PARTNERSHIPS.— 
(1) IN GENERAL.—A proof of concept partnership shall be estab-
lished by a participating research institution to award grants to indi-
vidual researchers. The grants should provide researchers with the ini-
tial investment and the resources to support the proof of concept work 
and commercialization mentoring needed to translate promising re-
search projects and technologies into a viable company. The work may 
include technical validations, market research, clarifying intellectual 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00330
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
331 
property rights position and strategy, and investigating commercial or 
business opportunities. 
(2) AWARD GUIDELINES.—The administrator of a proof of concept 
partnership shall award grants in accordance with the following guide-
lines: 
(A) OVERSIGHT PROCESS.—The proof of concept partnership 
shall use a market-focused project management oversight process, 
including— 
(i) a rigorous, diverse review board comprised of local ex-
perts in translational and proof of concept research, including 
industry, startup, venture capital, technical, financial, and 
business experts and university technology transfer officials; 
(ii) technology validation milestones focused on market fea-
sibility; 
(iii) simple reporting effective at redirecting projects; and 
(iv) the willingness to reallocate funding from failing 
projects to projects with more potential. 
(B) MAXIMUM AMOUNT TOWARD INDIVIDUAL PROPOSAL.—Not 
more than $100,000 shall be awarded toward an individual pro-
posal. 
(3) EDUCATIONAL RESOURCES AND GUIDANCE.—The administrator 
of a proof of concept partnership shall make educational resources and 
guidance available to researchers attempting to commercialize their in-
novations. 
(d) AWARDS BY THE DIRECTOR TO PARTICIPATING RESEARCH INSTITU-
TIONS.— 
(1) AMOUNT.—The Director may make an award to a participating 
research institution for not more than $1,000,000 per year for not 
more than 3 years. 
(2) CRITERIA.—In determining which participating research institu-
tions receive pilot program grants, the Director shall consider, in addi-
tion to any other criteria that the Director determines to be necessary, 
the extent to which participating research institutions— 
(A) have an established and proven technology transfer or com-
mercialization office and have a plan for engaging the commer-
cialization office in the pilot program’s implementation; 
(B) have demonstrated a commitment to local and regional eco-
nomic development; 
(C) are located in diverse geographies and are of diverse sizes; 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00331
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
332 
(D) are able to assemble project management boards comprised 
of industry, startup, venture capital, technical, financial, and busi-
ness experts; 
(E) have an intellectual property rights strategy or office; and 
(F) demonstrate a plan for sustainability beyond the duration 
of the award. 
(e) NO BASIC RESEARCH; EVALUATION OF COMMERCIAL POTENTIAL OF 
EXISTING DISCOVERIES.—The funds for the pilot program shall not be used 
for basic research, but shall be used to evaluate the commercial potential 
of existing discoveries, including— 
(1) proof of concept research or prototype development; and 
(2) activities that contribute to determining a project’s commer-
cialization path, to include technical validations, market research, clari-
fying intellectual property rights, and investigating commercial and 
business opportunities. 
(f) NO ACQUISITION
OF RESEARCH EQUIPMENT
OR SUPPLIES.—The 
funds for the pilot program shall not be used to fund the acquisition of re-
search equipment or supplies unrelated to commercialization activities. 
(g) EVALUATIVE REPORT.— 
(1) IN GENERAL.—The Director shall submit to the Committee on 
Science, Space, and Technology and Committee on Small Business of 
the House of Representatives and the Committee on Small Business 
and Entrepreneurship of the Senate an evaluative report regarding the 
activities of the pilot program. 
(2) CONTENTS.—The report shall include— 
(A) a detailed description of the institutional and proposal selec-
tion process; 
(B) an accounting of the funds used in the pilot program; 
(C) a detailed description of the pilot program, including incen-
tives and activities undertaken by review board experts; 
(D) a detailed compilation of results achieved by the pilot pro-
gram, including the number of small business concerns included, 
the number of business packages developed, and the number of 
projects that progressed into subsequent STTR phases; and 
(E) an analysis of the pilot program’s effectiveness with sup-
porting data. 
(h) TERMINATION.—The pilot program shall terminate at the end of fis-
cal year 2017. 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00332
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
333 
Subchapter III—Provisions Relating to 
Both SBIR Programs and STTR Programs 
§ 263301. Database 
(a) PUBLIC DATABASE.—The Administrator shall develop, maintain, and 
make available to the public a searchable, up-to-date, electronic database 
that includes— 
(1) the name, size, location, and an identifying number assigned by 
the Administrator of each small business concern that has received a 
phase I or phase II SBIR program or STTR award from a Federal 
agency; 
(2) a description of each phase I or phase II SBIR program or 
STTR award received by that small business concern, including— 
(A) an abstract of the project funded by the award, excluding 
any information identified by the small business concern as propri-
etary information; 
(B) the Federal agency making the award; and 
(C) the date and amount of the award; 
(3) an identification of any business concern or subsidiary estab-
lished for the commercial application of a product or service for which 
an SBIR program or STTR award is made; 
(4) information regarding mentors and mentoring networks, as re-
quired by section 263305(f)(3) of this title; 
(5) with respect to assistance under STTR program— 
(A) whether the small business concern or the research institu-
tion initiated their collaboration on each assisted STTR project; 
(B) whether the small business concern or the research institu-
tion originated any technology relating to the assisted STTR 
project; 
(C) the length of time it took to negotiate any licensing agree-
ment between the small business concern and the research institu-
tion under each assisted STTR project; and 
(D) how the proceeds from commercialization, marketing, or 
sale of technology resulting from each assisted STTR project were 
allocated (by percentage) between the small business concern and 
the research institution; and 
(6) for each small business concern that receives a phase I or phase 
II SBIR award or STTR award from a Federal agency, whether the 
small business concern— 
(A) has venture capital, hedge fund, or private equity firm in-
vestment and, if so, whether the small business concern is reg-
istered as majority-owned by multiple venture capital operating 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00333
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
334 
companies, hedge funds, or private equity firms as required under 
section 263109(c) of this title; 
(B) is owned by a woman or has a woman as a principal inves-
tor; 
(C) is owned by a socially or economically disadvantaged indi-
vidual or has a socially or economically disadvantaged individual 
as a principal investor; 
(D) is owned by a faculty member or a student of an institution 
of higher education (as defined in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001); or 
(E) received assistance under the FAST Program. 
(b) GOVERNMENT DATABASE.— 
(1) IN GENERAL.—The Administrator, in consultation with SBIR 
agencies and STTR agencies, shall develop and maintain a database 
that— 
(A) contains for each small business concern that applies for, 
submits a proposal for, or receives an award under phase I or 
phase II of the SBIR program or STTR program— 
(i) the name, size, and location of, and the identifying 
number assigned by the Administrator to, the small business 
concern; 
(ii) an abstract of the applicable project; 
(iii) the specific aims of the project; 
(iv) the number of employees of the small business concern; 
(v) the names and titles of the key individuals that will 
carry out the project, the position each key individual holds 
in the small business concern, and contact information for 
each key individual; 
(vi) the percentage of effort that each individual described 
in clause (v) will contribute to the project; 
(vii) whether the small business concern is majority-owned 
by multiple venture capital operating companies, hedge funds, 
or private equity firms; and 
(viii) the Federal agency to which the application is made 
and contact information for the person or office within the 
Federal agency that is responsible for reviewing applications 
and making awards under the SBIR program or STTR pro-
gram; 
(B) contains for each phase II award made by a Federal agen-
cy— 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00334
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
336 
(E) includes any other data collected by or available to any Fed-
eral agency that the Federal agency considers may be useful for 
SBIR program or STTR program evaluation; and 
(F) includes a timely and accurate list of any individual or small 
business concern that has participated in the SBIR program or 
STTR program that has been— 
(i) convicted of a fraud-related crime involving funding re-
ceived under the SBIR program or STTR program; or 
(ii) found civilly liable for a fraud-related violation involv-
ing funding received under the SBIR program or STTR pro-
gram. 
(2) USE.—The database under paragraph (1) shall be available for 
use solely— 
(A) for program evaluation purposes by the Federal Govern-
ment; or 
(B) in accordance with policy directives issued by the Adminis-
trator, by other authorized persons that are subject to a use and 
nondisclosure agreement with the Federal Government covering 
the use of the database. 
(c) UPDATING OF INFORMATION.— 
(1) IN GENERAL.—A small business concern applying for a phase II 
award under this division shall be required to update information in 
the database established under this section for any prior phase II 
award received by that small business concern. 
(2) APPORTIONMENT.—In complying with this subsection, a small 
business concern may apportion sales or additional investment informa-
tion relating to more than 1 phase II award among those awards, if 
the small business concern notes the apportionment for each award. 
(3) UPDATES AT TERMINATION.— 
(A) IN GENERAL.—A small business concern receiving a phase 
II award under this division shall update information in the data-
base concerning that award at the termination of the award pe-
riod. 
(B) VOLUNTARY UPDATES.—An SBIR agency shall request a 
small business concern described in subparagraph (A) to volun-
tarily update such information described in subparagraph (A) an-
nually after termination for a period of 5 years. 
(4) GOVERNMENT DATABASE.—Not later than 60 days after the date 
established by a Federal agency for submitting applications or pro-
posals for a phase I or phase II award under the SBIR program or 
STTR program, the head of the Federal agency shall submit to the Ad-
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00336
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
337 
ministrator the data required under subsection (b) with respect to each 
small business concern that applies or submits a proposal for the phase 
I or phase II award. 
(d) PROTECTION OF INFORMATION.—Information provided under sub-
section (b) or (c) shall be considered privileged and confidential and not 
subject to disclosure under section 552 of title 5. 
(e) EFFECT OF INCLUSION OF INFORMATION IN DATABASE.—Inclusion 
of information in the database under this section shall not be considered 
to be publication for purposes of subsection (a) or (b) of section 102 of title 
35. 
§ 263302. Phase III agreements 
(a) IN GENERAL.—In the case of a small business concern that is award-
ed a funding agreement for phase II of an SBIR program or STTR pro-
gram, a Federal agency may enter into a phase III agreement with the 
small business concern for additional work to be performed during or after 
phase II period. 
(b) PROCEDURES.—The phase II funding agreement with the small busi-
ness concern may, at the discretion of the Federal agency awarding the 
agreement, set out the procedures applicable to phase III agreements with 
that Federal agency or any other Federal agency. 
(c) INTELLECTUAL PROPERTY RIGHTS.—A funding agreement under an 
SBIR program or STTR program shall include provisions setting forth the 
respective rights of the United States and the small business concern with 
respect to— 
(1) intellectual property rights; and 
(2) any right to carry out follow-on research. 
(d) PHASE III AWARDS.—To the greatest extent practicable, a Federal 
agency or Federal prime contractor shall issue a phase III award relating 
to technology, including a sole source award, to the SBIR award recipient 
or STTR award recipient that developed the technology. 
§ 263303. Inclusion of SBIR program and STTR program in-
formation in strategic plans 
Program information relating to SBIR programs and STTR programs 
shall be included by a Federal agency in any update or revision required 
of the Federal agency under section 306(b) of title 5. 
§ 263304. Reduction of paperwork and compliance burden 
(a) IN GENERAL.— 
(1) STANDARDIZATION
OF
REPORTING
REQUIREMENTS.—The Ad-
ministrator shall work with SBIR agencies and STTR agencies to 
standardize reporting requirements for the collection of data from 
SBIR program or STTR program applicants and awardees, including 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00337
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
338 
data for inclusion in the database under section 263301 of this title, 
taking into consideration the unique needs of each Federal agency, and 
to the extent possible, permitting the updating of previously reported 
information by electronic means. 
(2) MINIMIZATION OF BURDEN.—The reporting requirements de-
scribed in paragraph (1) shall be designed to minimize the burden on 
small business concerns. 
(b) SIMPLIFICATION OF APPLICATION AND AWARD PROCESS.—After a 
period of public comment, the Administrator shall issue regulations or 
guidelines, taking into consideration the unique needs of each Federal agen-
cy, to ensure that each SBIR agency and STTR agency simplifies and 
standardizes the program proposal, selection, contracting, compliance, and 
audit procedures for the SBIR program or STTR program of the SBIR 
agency or STTR agency (including procedures relating to overhead rates for 
applicants and documentation requirements) to reduce the paperwork and 
regulatory compliance burden on small business concerns applying to and 
participating in the SBIR program or STTR program. 
§ 263305. FAST program 
(a) DEFINITIONS.—In this section: 
(1) APPLICANT.—The term ‘‘applicant’’ means an entity, organiza-
tion, or individual that submits a proposal for an award or a coopera-
tive agreement under this section. 
(2) BUSINESS ADVICE AND COUNSELING.—The term ‘‘business ad-
vice and counseling’’ means advice and assistance on matters described 
in subsection (f) to small business concerns to guide small business 
concerns through the SBIR program and STTR program process, from 
application to award and successful completion of each phase of an 
SBIR program or STTR program. 
(3) CATASTROPHIC
INCIDENT.—The term ‘‘catastrophic incident’’ 
means a major disaster that is comparable to the description of a cata-
strophic incident in the National Response Plan of the Administration 
(or any successor to the plan). 
(4) MENTOR.—The term ‘‘mentor’’ means an individual described in 
subsection (f). 
(5) MENTORING NETWORK.—The term ‘‘mentoring network’’ means 
an association, organization, coalition, or other entity (including an in-
dividual) that meets the requirements of subsection (f). 
(6) RECIPIENT.—The term ‘‘recipient’’ means a person that receives 
an award or becomes party to a cooperative agreement under this sec-
tion. 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00338
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS
339 
(7) STATE.—The term ‘‘State’’ means a State, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa. 
(b) ESTABLISHMENT OF FAST PROGRAM.—The Administrator shall es-
tablish a Federal and State technology partnership program, to be known 
as the FAST program, the purpose of which shall be to strengthen the tech-
nological competitiveness of small business concerns in the States. 
(c) GRANTS AND COOPERATIVE AGREEMENTS.— 
(1) JOINT REVIEW.—In carrying out the FAST program, the Admin-
istrator and the SBIR program managers at the National Science 
Foundation and the Department of Defense shall jointly review pro-
posals submitted by applicants and may make awards or enter into co-
operative agreements under this section based on the factors for consid-
eration specified in paragraph (2), to enhance or develop in a State— 
(A) technology research and development by small business con-
cerns; 
(B) technology transfer from university research to technology- 
based small business concerns; 
(C) technology deployment and diffusion benefiting small busi-
ness concerns; 
(D) the technological capabilities of small business concerns 
through the establishment or operation of consortia comprised of 
entities, organizations, or individuals, including— 
(i) State and local development agencies and entities; 
(ii) representatives of technology-based small business con-
cerns; 
(iii) industries and emerging companies; 
(iv) universities; and 
(v) small business development centers; and 
(E) outreach, financial support, and technical assistance to 
technology-based small business concerns participating in or inter-
ested in participating in an SBIR program, including initiatives— 
(i) to make grants or loans to companies to pay a portion 
or all of the cost of developing SBIR program proposals; 
(ii) to establish or operate a mentoring network within the 
FAST program to provide business advice and counseling 
that will assist small business concerns that have been identi-
fied by FAST program participants, program managers of 
participating SBIR agencies, the Administrator, or other enti-
ties that— 
VerDate Sep 11 2014 
04:03 Jul 18, 2018
Jkt 079200
PO 00000
Frm 00339
Fmt 6652
Sfmt 6221
E:\BILLS\H6389.IH
H6389
SSpencer on DSKBBXCHB2PROD with BILLS