Sec. 213. Modification of requirements relating to certain cooperative research and development agreements
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Section 2350a of title 10, United States Code, is amended— in subsection (b)(2), by striking and the Under Secretary and inserting or the Under Secretary ; in subsection (c)— by striking Each cooperative and inserting
(1)Except as provided in paragraph (2), each cooperative ; and by adding at the end the following new paragraphs: A cooperative research and development project may be entered into under this section under which costs are shared between the participants on an unequal basis if the Secretary of Defense, or an official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph, makes a written determination that unequal cost sharing provides strategic value to the United States or another participant in the project. For purposes of this subsection, the term cost means the total value of cash and non-cash contributions. ; in subsection (d)— in paragraph (1), by striking In order to and inserting Except as provided in paragraph (2), in order to ; by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following new paragraph: The Secretary of Defense, or an official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph, may waive the prohibition under paragraph
(1)to allow the procurement of qualified services from a foreign government, foreign research organization, or other foreign entity on a case-by-case basis. Not later than 30 days before issuing a waiver under subparagraph (A), the Secretary of Defense or the official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph (as the case may be) shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate written notice of the intent to issue such a waiver. For purposes of this paragraph, the term qualified services means engineering support services and local management services, including launch support services, test configuration support services, test range support services, and development support services, that are not covered by a memorandum of understanding (or other formal agreement) to conduct a cooperative research and development project under this section. .