ADVANCED RESEARCH PROJECTS

SEC. 251. ADVANCED RESEARCH PROJECTS (a) Authority for DARPA Cooperative Agreements and Other Transactions.—(1) Chapter 139 of title 10, United States Code, as amended by section 242(a), is further amended by adding at the end the following new section: “§ 2371. Advanced research projects: cooperative agreements and other transactions “(a) The Secretary of Defense, in carrying out advanced research projects through the Defense Advanced Research Projects Agency, may enter into cooperative agreements and other transactions with any person, any agency or instrumentality of the United States, any unit of State or local government, any educational institution, and any other entity. “(b)(1) Cooperative agreements and other transactions entered into by the Secretary under 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 account established under subsection (e). 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. “(c) The authority provided under subsection (a) may be exercised without regard to section 3324 of title 31. “(d) The Secretary shall ensure that— “(1) to the maximum extent practicable, a cooperative agreement or other transaction under this section does not provide for research that duplicates research being conducted under existing programs carried out by the Department of Defense; “(2) to the extent the Secretary determines practicable, the funds provided by the Government under the cooperative agreement or other transaction do not exceed the total amount provided by other parties to the cooperative agreement or other transaction; and “(3) the authority under this section is used only when the use of standard contracts or grants is not feasible or appropriate. “(e) There is hereby established on the books of the Treasury an account for support of advanced research projects provided for in cooperative agreements and other transactions entered into under subsection (a). Funds in such account shall be available for the payment of such support. 103 STAT. 1404 “(f) Not later than 60 days after the end of each fiscal year, the Secretary of Defense shall submit to the Committees of Armed Services of the Senate and House of Representatives a report on all cooperative agreements and other transactions (other than contracts and grants) entered into under this section during such fiscal year. The report shall contain, with respect to each such cooperative agreement and transaction, the following: “(1) A general description of the cooperative agreement or other transaction (as the case may be), including the technologies for which advanced research is provided for under such agreement or transaction. “(2) The potential military and, if any, commercial utility of such technologies. “(3) The reasons for not using a contract or grant to provide support for such advanced research. “(4) The amount of the payments, if any, referred to in subsection (b) that were received by the Federal Government in connection with such cooperative agreement or other transaction during the fiscal year covered by the report. “(5) The amount of the payments reported under paragraph (4), if any, that were credited to the account established under subsection (e). “(g) The authority of the Secretary to enter into cooperative agreements and other transactions under this section expires at the close of September 30, 1991.”. (2) The table of sections at the beginning of such chapter, as amended by section 242(a), is further amended by adding at the end the following new item: “2371. Advanced research projects: cooperative agreements and other transactions.”. (b) Funding.—Of the amounts appropriated pursuant to section 201 for the Defense Agencies, not more than $25,000,000 of the funds appropriated for fiscal year 1990 and not more than $25,000,000 of the funds appropriated for fiscal year 1991 may be available for the support, through the Defense Advanced Research Projects Agency, of advanced research provided for in cooperative agreements and other transactions authorized by section 2371 of title 10, United States Code (as added by subsection (a)). That amount shall be credited to the account established under subsection (e) of such section.