Page:United States Statutes at Large Volume 108 Part 4.djvu/746

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108 STAT. 3380 PUBLIC LAW 103-355—OCT. 13, 1994 of the work performed by the specified entity under a preceding contract. "(4) This subsection shall not apply with respect to any contract that calls upon the National Acaaemy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 2303(a) of this title and to report on such matters to the Congress or any agency of the Federal Government.". (2) Chapter 139 of title 10, United States Code, is £unended by adding at the end the following new section:

    • § 2374. Merit-based award of grants for research and development

"(a) It is the policy of Congress that an agency named in section 2303(a) of this title should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures. "(b) A provision of law may not be construed as requiring a new grant to be awarded to a specified non-Federal Government entity unless that provision of law— "(1) specifically refers to this subsection; "(2) specifically identifies the particular non-Federal Government entity involved; and "(3) specifically states that the award to that entity is required by such provision of law in contravention of the poUcy set forth in subsection (a). "(c) For purposes of this section, a grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a preceding grant. "(d) This section shall not apply with respect to any grant that calls upon the National Acaaemy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 2303(a) of this title and to report on such matters to the Congress or any agency of the Federal Government.". (3) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "2374. Merit-based award of grants for research and development.". (b) CIVILIAN AGENCY ACQUISITIONS.—(1) Section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) is amended— (A) in subsection (c)(5), by inserting "subject to subsection (h),"afl«r"(5)";and (B) by adding at the end the following new subsection: "(h)(1) It is the policy of Congress that an executive agency should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures. "(2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Cxovernment entity unless that provision of law— "(A) specifically refers to this subsection; "(B) specifically identifies the particular non-Federal Government entity involved; and