Sec. 223. Research projects; transactions other than contracts and grants
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/bill/116/s/2297/is/section-223·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 7 of title 14, United States Code, is amended by inserting after section 717 the following: The Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in section 717 of this title to use contracts, cooperative agreements, and grants in carrying out such projects. The authority provided under subsection
(a)may be exercised without regard to section 3324 of title 31. A cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 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 Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction. 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 Commandant, to an appropriate account. 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. The Commandant shall ensure that, to the maximum extent practicable, no cooperative agreement containing a clause under subsection (c)(1), and no transaction entered into under subsection (a), provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard. The Commandant shall— ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training on such transactions and forms of contracting; and establish minimum levels and requirements for continuous and experiential learning on such transactions and forms of contracting for such personnel, including levels and requirements for acquisition certification programs. Disclosure of information described in paragraph
(2)is not required, and may not be compelled under section 552 of title 5 for 5 years after the date on which the information is received by the Coast Guard. Paragraph
(1)applies to the information described in subparagraph
(B)that is in the records of the Coast Guard if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 of this title or another transaction authorized by subsection (a). The information described in this subparagraph is as follows: A proposal, proposal abstract, and supporting documents. A business plan submitted on a confidential basis. Technical information submitted on a confidential basis. The Commandant shall prescribe regulations, as necessary, to carry out this section. . The analysis for chapter 7 of title 14, United States Code, is amended by inserting after the item relating to section 717 the following: 717a. Research projects; transactions other than contracts and grants. .