Section 845
2371. Research projects: transactions other than contracts and grants
(a) Additional Forms of Transactions Authorized. - The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in section 2358 of this title to use contracts, cooperative agreements, and grants in carrying out such projects.
(b) Exercise of Authority by Secretary of Defense. - In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency or any other element of the Department of Defense that the Secretary may designate.
(c) Advance Payments. - The authority provided under subsection (a) may be exercised without regard to section 3324 of title 31.
(d) Recovery of Funds. - (1) A cooperative agreement for performance of basic, applied, or advanced research authorized by section 2358 of this title and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction.
(2) The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Secretary of Defense, to the appropriate account established under subsection (f). Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available.
(e) Conditions. - (1) The Secretary of Defense shall ensure that -
(A) to the maximum extent practicable, no cooperative agreement containing a clause under subsection (d) and no transaction entered into under subsection (a) provides for research that duplicates research being conducted under existing programs carried out by the Department of Defense; and
(B) to the extent that the Secretary determines practicable, the funds provided by the Government under a cooperative agreement containing a clause under subsection (d) or a transaction authorized by subsection (a) do not exceed the total amount provided by other parties to the cooperative agreement or other transaction.
(2) A cooperative agreement containing a clause under subsection (d) or a transaction authorized by subsection (a) may be used for a research project when the use of a standard contract, grant, or cooperative agreement for such project is not feasible or appropriate.
(f) Support Accounts. - There is hereby established on the books of the Treasury separate accounts for each of the military departments and the Defense Advanced Research Projects Agency for support of research projects and development projects provided for in cooperative agreements containing a clause under subsection (d) and research projects provided for in ransactions entered into under subsection (a). Funds in those accounts shall be available for the payment of such support.
(g) Regulations. - The Secretary of Defense shall prescribe regulations to carry out this section.
(h) Annual Report. - (1) Not later than 90 days after the end of each fiscal year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the use by the Department of Defense during such fiscal year of -
(A) cooperative agreements authorized under section 2358 of this title that contain a clause under subsection (d); and
(B) transactions authorized by subsection (a).
(2) The report shall include, with respect to the cooperative agreements and other transactions covered by the report, the following:
(A) The technology areas in which research projects were conducted under such agreements or other transactions.
(B) The extent of the cost-sharing among Federal Government and non-Federal sources.
(C) The extent to which the use of the cooperative agreements and other transactions -
(i) has contributed to a broadening of the technology and industrial base available for meeting Department of Defense needs; and
(ii) has fostered within the technology and industrial base new relationships and practices that support the nationalsecurity of the United States.
(D) The total amount of payments, if any, that were received by the Federal Government during the fiscal year covered by the report pursuant to a clause described in subsection (d) that was included in the cooperative agreements and other transactions, and the amount of such payments, if any, that were credited to each account established under subsection (f).
(i) Protection of Certain Information From Disclosure. - (1) Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for five years after the date on which the information is received by the Department of Defense.
(2)
(A) Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Department of Defense if the information was submitted to the Department in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 2358 of this title or another transaction authorized by subsection (a).
(B) The information referred to in subparagraph (A) is the following:
(i) A proposal, proposal abstract, and supporting documents.
(ii) A business plan submitted on a confidential basis.
(iii) Technical information submitted on a confidential basis.
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Authority Of The Defense Advanced Research Projects Agency To Carry Out Certain Prototype Projects.
Section 845 of Pub. L. 103-160, as amended by Pub. L. 104-201, div. A, title VIII, Sec. 804, title X, Sec. 1073(e)(1)(D), (2)(A), Sept. 23, 1996, 110 Stat. 2605, 2658; Pub. L. 105-261, div. A, title II, Sec. 241, Oct. 17, 1998, 112 Stat. 1954; Pub. L. 106-65, div. A, title VIII, Sec. 801, title X, Sec. 1066(d)(6), Oct. 5, 1999, 113 Stat. 700, 773, provided that:
''(a) Authority. - The Director of the Defense Advanced Research Projects Agency, the Secretary of a military department, or any other official designated by the Secretary of Defense may, under the authority of section 2371 of title 10, United States Code, carry out prototype projects that are directly relevant to weapons or weapon systems proposed to be acquired or developed by the Department of Defense.''(b) Exercise of Authority. - (1) Subsections (e)(1)(B) and (e)(2) of such section 2371 shall not apply to projects carried out under subsection (a). ''(2) To the maximum extent practicable, competitive procedures shall be used when entering into agreements to carry out projects under subsection (a). ''(c) Comptroller General Review. - (1) Each agreement entered into by an official referred to in subsection (a) to carry out a project under that subsection that provides for payments in a total amount in excess of $5,000,000 shall include a clause that provides for the Comptroller General, in the discretion of the Comptroller General, to examine the records of any party to the agreement or any entity that participates in the performance of the agreement. ''(2) The requirement in paragraph (1) shall not apply with respect to a party or entity, or a subordinate element of a party or entity, that has not entered into any other agreement that provides for audit access by a Government entity in the year prior to the date of the agreement.''(3) The head of the contracting activity that is carrying out the agreement may waive the applicability of the requirement in paragraph (1) to the agreement if the head of the contracting activity determines that it would not be in the public interest to apply the requirement to the agreement. The waiver shall be effective with respect to the agreement only if the head of the contracting activity transmits a notification of the waiver to Congress and the Comptroller General before entering into the agreement. The notification shall include the rationale for the determination. ''(4) The Comptroller General may not examine records pursuant to a clause included in an agreement under paragraph (1) more than three years after the final payment is made by the United States under the agreement. ''(d) Period of Authority. - The authority to carry out projects under subsection (a) shall terminate at the end of September 30, 2001.''
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2358, 2511, 2519 of this title; title 49 section 5506.
