PUBLIC LAW 97-219—JULY 22, 1982 fiscal year 1982, or any fiscal year thereafter, shall expend not less than 0.2 per centum of its extramural budget in fiscal year 1983 or in such subsequent fiscal year as the agency has such budget, not less than 0.6 per centum of such budget in the second fiscal year thereafter, not less than 1 per centum of such budget in the third fiscal year thereafter, and not less than 1.25 per centum of such budget in all subsequent fiscsJ years with small business concerns specifically in connection with a small business innovation research program which meets the requirements of the Small Business Innovation Development Act of 1982 and regulations issued thereunder: Provided, That any Federal agency which has an extramural budget for research or research and development in excess of $10,000,000,000 for fiscal year 1982 shall expend not less than 0.1 per centum of its extramural budget in fiscal year 1983, not less than 0.3 per centum of such budget in the second fiscal year thereafter, not less than 0.5 per centum of such budget in the third fiscal year thereafter, not less than 1 per centum of such budget in the fourth fiscal year thereafter, and not less than 1.25 per centum of such budget in all subsequent fiscal years with small business concerns specifically in connection with a small business innovation research program which meets the requirements of the Small Business Innovation Development Act of 1982 and regulations issued thereunder: Provided further. That a Federal agency shall not make available for the purpose of meeting the requirements of this subsection an amount of its extramural budget for basic research or research and development which exceeds the percentages specified herein. Funding agreements with small business concerns for research or research and development which result from competitive or single source selections other than under a small business innovation research program shall not be counted as meeting any portion of the percentage requirements of this subsection. "(2) Amounts appropriated for atomic energy defense programs of the Department of Energy shall for the purposes of paragraph (1) be excluded from the amount of the research or research and development budget of that Department. "(g) Each Federal agency required by subsection (f) to establish a small business innovation research program shall, in accordance with this Act and regulations issued hereunder— "(1) unilaterally determine categories of projects to be in its SBIR program; "(2) issue small business innovation research solicitations in accordance with a schedule determined cooperatively with the Small Business Administration; "(3) unilaterally receive and evaluate proposals resulting from SBIR proposals; "(4) unilaterally select awardees for its SBIR funding agreements; "(5) administer its own SBIR funding agreements (or delegate such administration to another agency); "(6) make payments to recipients of SBIR funding agreements on the basis of progress toward or completion of the funding agreement requirements; and "(7) make an annual report on the SBIR program to the Small Business Administration and the Office of Science and Technology Policy. "(h) In addition to the requirements of subsection (f), each Federal agency which has a budget for research or research and develop-
96 STAT. 219
Small business innovation research program, requirements.
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