Page:United States Statutes at Large Volume 114 Part 5.djvu/711

 PUBLIC LAW 106-554-APPENDIX I 114 STAT. 2763A-671 "(i) the name, size, and location, and an identifying number assigned by the Administration; "(ii) an abstract of the project; and "(iii) the Federal agency to which the application was made; "(D) includes any other data collected by or available to any Federal agency that such agency considers may be useful for SBIR program evaluation; and "(E) is available for use solely for program evaluation purposes by the Federal Government or, in accordance with policy directives issued by the Administration, by other authorized persons who are subject to a use and nondisclosure agreement with the Federal Government covering the use of the database. "(3) UPDATING INFORMATION FOR DATABASE. — "(A) IN GENERAL.—^A small business concern applying for a second phase award under this section shall be required to update information in the database established under this subsection for any prior second phase award received by that small business concern. In complying with tjiis paragraph, a small business concern may apportion sales or additional investment information relating to more than one second phase award among those awards, if it notes the apportionment for each award. "(B) ANNUAL UPDATES UPON TERMINATION. — A small business concern receiving a second phase award under this section shall— "(i) update information in the database concerning that award at the termination of the award period; and "(ii) be requested to voluntarily update such information annually thereafter for a period of 5 years. "(4) PROTECTION OF INFORMATION.—Information provided under paragraph (2) shall be considered privileged and confidential and not subject to disclosure pursuant to section 552 of title 5, United States Code. "(5) RULE OF CONSTRUCTION.—Inclusion of information in the database under this subsection shall not be considered to be publication for purposes of subsection (a) or (b) of section 102 of title 35, United States Code.". SEC. 108. NATIONAL RESEARCH COUNCIL REPORTS. (a) STUDY AND RECOMMENDATIONS. —The head of each agency with a budget of more than $50,000,000 for its SBIR program for fiscal year 1999, in consultation with the Small Business Administration, shall, not later than 6 months after the date of the enactment of this Act, cooperatively enter into an agreement with the National Academy of Sciences for the National Research Council to— (1) conduct a comprehensive study of how the SBIR program has stimulated technological innovation and used small businesses to meet Federal research and development needs, including— (A) a review of the value to the Federal research agencies of the research projects being conducted under the

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