106 STAT. 4252 PUBLIC LAW 102-564—OCT. 28, 1992 not be considered to meet any portion of the percentage requirements of paragraph (1).". (c) INCLUSION OF CERTAIN DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT ACTIVITIES. — Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended in paragraph (1), by striking Tor the Department of Defense" and all that follows through "development" and inserting "for the Department of Energy it shall not include amounts obligated for atomic energy defense programs solely for weapons activities or for naval reactor programs". (d) SBIR SOLICITATIONS.— Section 9(g) of the Small Business Act (16 U.S.C. 638(g)) is amended— (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and (2) by inserting after paragraph (2) the following new paragraph: "(3) unilaterally determine research topics within the agency's SBIR solicitations, giving special consideration to broad research topics and to topics that further 1 or more critical technologies, as identified by— "(A) the National Critical Technologies Panel (or its successor) in the 1991 report required under section 603 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, and in subsequent reports issued under that authority; or "(B) the Secretary of Defense, in the 1992 report issued in accordance with section 2522 of title 10, United States Code, and in subsequent reports issued under that authority;". (e) DEADLINE FOR FINAL PAYMENT UNDER SBIR FUNDING AGREEMENTS. — Section 9(g)(7) of the Small Business Act (15 U.S.C. 638(g)(7)) (as redesignated by subsection (d)(l)) is amended by inserting before the semicolon the following: "and, in all cases, make payment to recipients under such agreements in full, subject to audit, on or before the last day of the 12-month period beginning on the date of completion of such requirements". (f) MODIFICATIONS TO SBIR POLICY DIRECTIVES.— Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is amended— (1) in paragraph (2), by redesignating subparagraphs (A) through (H) as clauses (i) through (viii), respectively; (2) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively; (3) by inserting before "The Small Business Administration" the following: "(1) POLICY DIRECTIVES.— "; and (4) by adding at the end the following new paragraph: " (2) MODIFICATIONS. —Not later than 90 days after the date of enactment of the Small Business Research and Development Enhancement Act of 1992, the Administrator shall modify the policy directives issued pursuant to this subsection to provide for— "(A) retention by a small business concern of the rights to data generated by the concern in the performance of an SBIR award for a period of not less than 4 years; "(B) continued use by a small business concern participating in the third phase of the SBIR program, as a directed bailment, of any property transferred by a Federal agency to the small business concern in the second phase
�
