106 STAT. 4252 PUBLIC LAW 102-564—OCT. 28,1992

not be considered to meet any portion of the percentage require-
ments of paragraph (1).".

(c) INCLUSION OP 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
"for the Department of Defense" and all that follows through "devel-
opment" 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 (15 U.S.C. 638(g)) is amended—

(1) by redesignating paragraphs (3) through (7) as para-
graphs (4) through (8), respectively; and

(2) by inserting after paragraph (2) the following new para-
graph:

"(3) unilaterally determine research topics within the agen-
cy'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, Organiza-
tion, 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 author-
ity;".

(e) DEADLINE FOR FESTAL PAYMENT UNDER SBIR FUNDING
AGREEMENTS.—Section 9(gX7) of the Small Business Act (15 U.S.C.
638(gX7)) (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 sub-
paragraphs (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 partici-
pating 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