Page:United States Statutes at Large Volume 108 Part 4.djvu/651

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3285 "(B) are of potential interest to the Department of Defense. "(b) AUTHORIZED MEANS.— The Secretary of Defense or the Secretary of a military department may perform research and development projects— "(1) by contract, cooperative agreement, or grant, in accordance with chapter 63 of title 31; "(2) through one or more military departments; "(3) by using employees and consultsuits of the Department of Defense; or "(4) by mutual agreement with the head of any other department or agency of the Federal Government. " (c) REQUIREMENT OF POTENTIAL DEPARTMENT OF DEFENSE INTEREST. —Funds appropriated to the Department of Defense or to a military department may not be used to finance any research project or study unless the project or study is, in the opinion of the Secretary of Defense or the Secretary of that military department, respectively, of potential interest to the Department of Defense or to such military department, respectively. " (d) ADDITIONAL PROVISIONS APPLICABLE TO COOPERATIVE AGREEMENTS. — Additional authorities, conditions, and requirements relating to certain cooperative agreements authorized by this section are provided in section 2371 of this title.". (b) TRANSACTIONS OTHER THAN CONTRACTS AND GRANTS.— Section 2371 of such title is amended to read as follows: "§ 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 carry- ing 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 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