Page:United States Statutes at Large Volume 106 Part 5.djvu/620

 106 STAT. 4258 PUBLIC LAW 102-564—OCT. 28, 1992 1994, 1995, or 1996, is authorized to expend with small business concerns— "(A) not less thein 0.05 percent of such budget in fiscal year 1994; "(B) not less than 0.1 percent of such budget in fiscal year 1995; and "(C) not less than 0.15 percent of such budget in fiscal year 1996, specifically in connection with STTR programs which meet the requirements of this section, policy directives, and regulations issued under this section. "(2) LIMITATIONS.— A Federal agency shall not— "(A) use any of its STTR budget established pursuant to paragraph (1) for the purpose of funding administrative costs of the program, including costs associated with salaries and expenses, or, in the case of a small business concern or a research institution, costs associated with salaries, expenses, and administrative overhead (other than those direct or indirect costs allowable under guidelines of the Office of Management and Budget and the governmentwide Federal Acquisition Regulation issued in accordance with section 25(c)(1) of the Office of Federal Procurement Policy Act); or "(B) make available for the purpose of meeting the requirements of paragraph (1) an amount of its extramural budget for basic research which exceeds the percentage specified in paragraph (1). " (3) EXCLUSION OF CERTAIN FUNDING AGREEMENTS.— Funding agreements with small business concerns for research or research and development which result from competitive or single source selections other than an STTR program shall not be considered to meet any portion of the percentage requirements of paragraph (1). "(o) FEDERAL AGENCY STTR AUTHORITY.— Each Federal agency required to establish an STTR program in accordance with subsection (n) and regulations issued under this Act, shall— "(1) unilaterally determine categories of projects to be included in its STTR program; "(2) issue STTR solicitations in accordance with a schedule determined cooperatively with the Administration; "(3) unilaterally determine research topics within the agency's STTR solicitations, giving special consideration to broad research topics and to topics that further 1 or more critical technologies, as identified— "(A) by the National Critical Technologies Panel (or its successor) in reports required under section 603 of the National Science and Technology Policy, Organization, and Priorities Act of 1976; or "(B) by the Secretary of Defense, in accordance with section 2522 of title 10, United States Code; "(4) unilaterally receive and evaluate propossJs resulting from STTR solicitations; "(5) unilaterally select awardees for its STTR funding agreements and inform each awardee under such an agreement, to the extent possible, of the expenses of the awardee that will be allowable under the funding agreement;

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