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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2012 · Sec. 5125

Sec. 5125. CLARIFYING THE DEFINITION OF “PHASE III”

1,016 words·~5 min read·/statute-compilations/comps-10045/sec-5125

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## SEC. 5125 CLARIFYING THE DEFINITION OF “PHASE III” ###
(a)Phase III Awards Section 9(e) of the Small Business Act (15 U.S.C. 638(e)), as amended by this title, is further amended— ####
(1)in paragraph (4)(C), in the matter preceding clause (i), by inserting “for work that derives from, extends, or completes efforts made under prior funding agreements under the SBIR program” after “phase”; ####
(2)in paragraph (6)(C), in the matter preceding clause (i), by inserting “for work that derives from, extends, or completes efforts made under prior funding agreements under the STTR program” after “phase”; ####
(3)in paragraph (8), by striking “and” at the end; ####
(4)in paragraph (9), by striking the period at the end and inserting a semicolon; and ####
(5)by adding at the end the following: > > #### “(10) > > the term ‘commercialization’ means— > > > ##### “(A) > > the process of developing products, processes, technologies, or services; and > > > ##### “(B) > > the production and delivery (whether by the originating party or by others) of products, processes, technologies, or services for sale to or use by the Federal Government or commercial markets;” > . ###
(b)Technical and Conforming Amendments Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this title, is further amended— ####
(1)in subsection (e)— #####
(A)in paragraph (4)(C)(ii), by striking “scientific review criteria” and inserting “merit-based selection procedures”; #####
(B)in paragraph (9), by striking “the second or the third phase” and inserting “Phase II or Phase III”; and #####
(C)by adding at the end the following: > > #### “(11) > > the term ‘Phase I’ means— > > > ##### “(A) > > with respect to the SBIR program, the first phase described in paragraph (4)(A); and > > > ##### “(B) > > with respect to the STTR program, the first phase described in paragraph (6)(A); > > > #### “(12) > > the term ‘Phase II’ means— > > > ##### “(A) > > with respect to the SBIR program, the second phase described in paragraph (4)(B); and > > > ##### “(B) > > with respect to the STTR program, the second phase described in paragraph (6)(B); and > > > #### “(13) > > the term ‘Phase III’ means— > > > ##### “(A) > > with respect to the SBIR program, the third phase described in paragraph (4)(C); and > > > ##### “(B) > > with respect to the STTR program, the third phase described in paragraph (6)(C).” > ; ####
(2)in subsection (j)— #####
(A)in paragraph (1)(B), by striking “phase two” and inserting “Phase II”; #####
(B)in paragraph (2)— ######
(i)in subparagraph (B)— ######
(I)by striking “the third phase” each place it appears and inserting “Phase III”; and ######
(II)by striking “the second phase” and inserting “Phase II”; ######
(ii)in subparagraph (D)— ######
(I)by striking “the first phase” and inserting “Phase I”; and ######
(II)by striking “the second phase” and inserting “Phase II”; ######
(iii)in subparagraph (F), by striking “the third phase” and inserting “Phase III”; ######
(iv)in subparagraph (G)— ######
(I)by striking “the first phase” and inserting “Phase I”; and ######
(II)by striking “the second phase” and inserting “Phase II”; and ######
(v)in subparagraph (H)— ######
(I)by striking “the first phase” and inserting “Phase I”; ######
(II)by striking “second phase” each place it appears and inserting “Phase II”; and ######
(III)by striking “third phase” and inserting “Phase III”; and #####
(C)in paragraph (3)— ######
(i)in subparagraph (A)— ######
(I)by striking “the first phase (as described in subsection (e)(4)(A))” and inserting “Phase I”; ######
(II)by striking “the second phase (as described in subsection (e)(4)(B))” and inserting “Phase II”; and ######
(III)by striking “the third phase (as described in subsection (e)(4)(C))” and inserting “Phase III”; and ######
(ii)in subparagraph (B), by striking “second phase” and inserting “Phase II”; ####
(3)in subsection (k)— #####
(A)by striking “first phase” each place it appears and inserting “Phase I”; and #####
(B)by striking “second phase” each place it appears and inserting “Phase II”; ####
(4)in subsection (l)(2)— #####
(A)by striking “the first phase” and inserting “Phase I”; and #####
(B)by striking “the second phase” and inserting “Phase II”; ####
(5)in subsection (o)(13)— #####
(A)in subparagraph (B), by striking “second phase” and inserting “Phase II”; and #####
(B)in subparagraph (C), by striking “third phase” and inserting “Phase III”; ####
(6)in subsection (p)— #####
(A)in paragraph (2)(B)— ######
(i)in clause (vi)— ######
(I)by striking “the second phase” and inserting “Phase II”; and ######
(II)by striking “the third phase” and inserting “Phase III”; and ######
(ii)in clause (ix)— ######
(I)by striking “the first phase” and inserting “Phase I”; and ######
(II)by striking “the second phase” and inserting “Phase II”; and #####
(B)in paragraph (3)— ######
(i)by striking “the first phase (as described in subsection (e)(6)(A))” and inserting “Phase I”; ######
(ii)by striking “the second phase (as described in subsection (e)(6)(B))” and inserting “Phase II”; and ######
(iii)by striking “the third phase (as described in subsection (e)(6)(C))” and inserting “Phase III”; ####
(7)in subsection (r)— #####
(A)in the subsection heading, by striking “Third Phase” and inserting “Phase III”; #####
(B)in paragraph (1)— ######
(i)in the first sentence— ######
(I)by striking “for the second phase” and inserting “for Phase II”; ######
(II)by striking “third phase” and inserting “Phase III”; and ######
(III)by striking “second phase period” and inserting “Phase II period”; and ######
(ii)in the second sentence— ######
(I)by striking “second phase” and inserting “Phase II”; and ######
(II)by striking “third phase” and inserting “Phase III”; and #####
(C)in paragraph (2), by striking “third phase” and inserting “Phase III”; and ####
(8)in subsection (u)(2)(B), by striking “the first phase” and inserting “Phase I”.
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Sec. 5125
CLARIFYING THE DEFINITION OF “PHASE III”
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