Page:United States Statutes at Large Volume 96 Part 1.djvu/260

 96 STAT. 218

15 USC 638. Definitions.

Research or research development, budget.

PUBLIC LAW 97-219—JULY 22, 1982 of the Federal agencies and the Administration's information and monitoring efforts related to the SBIR programs,". SEC. 4. Section 9 of the Small Business Act is amended by adding at the end thereof the following new subsections: "(e) For the purpose of this section— "(1) the term 'extramural budget' means the sum of the total obligations minus amounts obligated for such activities by employees of the agency in or through Government-owned, Government-operated facilities, except that for the Agency for International Development it shall not include amounts obligated solely for general institutional support of international research centers or for grants to foreign countries; "(2) the term 'Federal agency' means an executive agency as defined in section 105 of title 5, United States Code, or a military department as defined in section 102 of such title, except that it does not include any agency within the Intelligence Community (as the term is defined in section 3.4(f) of Executive Order 12333 or its successor orders); "(3) the term 'funding agreement' means any contract, grant, or cooperative agreement entered into between any Federal agency and any small business for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government; "(4) the term 'Small Business Innovation Research Program' or 'SBIR' means a program under which a portion of a Federal agency's research or research and development effort is reserved for award to small business concerns through a uniform process having— "(A) a first phase for determining, insofar as possible, the scientific and technical merit and feasibility of ideas submitted pursuant to SBIR program solicitations; "(B) a second phase to further develop the proposed ideas to meet the particular program needs, the awarding of which shall take into consideration the scientific and technical merit and feasibility evidenced by the first phase and, where two or more proposals are evaluated as being of approximately equal scientific and technical merit and feasibility, special consideration shall be given to those proposals that have demonstrated third phase, non-Federal capital commitments; and "(C) where appropriate, a third phase in which nonFederal capital pursues commercial applications of the research or research and development and which may also involve follow-on non-SBIR funded production contracts with a Federgd agency for products or processes intended for use by the United States Government; and "(5) the term 'research' or 'research and development' means any activity which is (A) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied; (B) a systematic study directed specifically toward appl3ring new knowledge to meet a recognized need; or (C) a systematic application of knowledge toward the production of useful materials, devices, and systems or metho<fe, including design, development, and improvement of protot3rpes and new processes to meet specific requirements. "(fKD Each Federal sigency which has an extramural budget for research or research and development in excess of $100,000,000 for

�