Page:United States Statutes at Large Volume 106 Part 3.djvu/899

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2693 a demonstrable reduction in the quality of research performed under funding agreements awarded by the Department of Defense under the SBIR program since the beginning of fiscal year 1993 such that increasing the percentage under subparagraph (A) for fiscal years after fiscal year 1996 Math respect to the department would adversely affect the performance of the department's resesurch programs. If the determination of the Secretary is that there has been such a demonstrable reduction in the quality of research such that increasing the percentage under subparagraph (B) for fiscal years after fiscal year 1996 with respect to the department would adversely affect the performance of the department's research programs, the Secretary shall be considered for purposes of subparagraph (B) to have made a negative determination. The determination of the Secret£uy concerned under this paragraph shall be made after considering the assessment of the Comptroller General with respect to that department in the report transmitted under subparagraph (D). (D) Not later than March 30, 1996, the Comptroller General Reports. shall transmit to the Congress cmd the Secretary of Defense a report setting forth the Comptroller General's assessment, with respect to the Department of Defense of whether there has been a demonstrable reduction in the quality of research performed under funding agreements awarded by the department under the SBIR program since the beginning offiscalyear 1993 such that increasing the percentage under subparagraph (A) for fiscal years after fisc£u year 1996 with respect to the department would adversely affect the performance of the department's research programs. (E) The results of each determination under subparagraph (C) shall be transmitted to the Congress not later than June 30, 1996. (f) DEFINITIONS.— In this section: (1) The term "Small Business Innovation Research Program" means the program established under the following provisions of section 9 of the Small Business Act (15 U.S.C. 638): (A) Paragraphs (4) through (7) of subsection (b). (B) Subsections (e) through (k). (2) The term "phase I", with respect to the Small Business Innovation Research Program, means the first phase described in subsection (e)(4)(A) of section 9 of the Small Business Act. (3) The term "phase 11", with respect to the Small Business Innovation Research Program, means the second phase described in subsection (e)(4)(B) of such section. (4) The term "phase III", with respect to the Small Business Innovation Research Program, means the third phase described in subsection (e)(4)(C) of such section. (g) EFFECTIVE DATE. —Subject to subsection (h), this section, and the amendments made by this section, shall take effect on October 1, 1992, and shall apply with respect to fiscal years after fiscal year 1992. (h) EFFECTIVENESS OF SECTION CONDITIONAL ON FAILURE TO ENACT OTHER LEGISLATION.— (1) In the event of the enactment of H.R. 4400 or S. 2941, 102d Congress, on or before the date of the enactment of this Act, then this section and the amendments made by this section shall not take effect. (2)(A) In the event of the enactment of H.R. 4400 or S. 2941, 102d Congress, after the date of the enactment of this Act, then,

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