Page:United States Statutes at Large Volume 108 Part 4.djvu/652

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108 STAT. 3286 PUBLIC LAW 103-355—OCT. 13, 1994 account and shall be available for the same purposes and the same period for which other funds in such account are available. "(e) CONDITIONS. — The Secretary of Defense shall ensure that— "(1) 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; "(2) 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; and "(3) a cooperative agreement containing a clause tinder subsection (d) or a transaction authorized under subsection (a) is used for a research project only 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 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 transactions 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.— Not later than 60 days after the end of each fiscal year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on all cooperative agreements entered into under section 2358 of this title during such fiscal year that contain a clause authorized by subsection (d) and on all transactions entered into under subsection (a) 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 research is provided for under such agreement or trgmsaction. "(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 research. "(4) The amount of the payments, if any, that were received by the Federal Government during the fiscal year covered by the report pursuant to a clause included in such cooperative agreement or other trsinsaction pursuant to subsection (d). "(5) The amount of the payments reported under paragraph (4), if any, that were credited to each account established under subsection (f). " (i) COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS UNDER STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980.— The Secretary of Defense, in carrying out research projects through the Advanced Research Projects Agency, and the Secretary