PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1403 "(v) PUBLIC LAW 95-79. —The exception provided in subsection (d)(3) applies to the notifications required by section 808 of Public Law 95-79 (50 U.S.C. 1520), relating to chemical or biological war- fare agents.". (b) CONFORMING AMENDMENT.—Subsection (d)(3) of such section is amended by striking out "(u)" and inserting in lieu thereof "(v)". PABT F—OTHER MATTERS SEC. 251. ADVANCED RESEARCH PROJECTS (a) AUTHORTTY 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 ...^,j 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 Depart- ment of Defense (or any other department or agency of the Federal Government) as a condition for receiving support under the agree- ment or other transaction. "(2) The amount of any payment received by the Federal Crovem- ment 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 agree- ment 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 agree- ment 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.
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