Sec. 238. LIMITATION ON AVAILABILITY OF FUNDS FOR FUNDAMENTAL RESEARCH COLLABORATION WITH CERTAIN ACADEMIC INSTITUTIONS
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## SEC. 238 LIMITATION ON AVAILABILITY OF FUNDS FOR FUNDAMENTAL RESEARCH COLLABORATION WITH CERTAIN ACADEMIC INSTITUTIONS ###
(a)Limitation Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2025 or fiscal year 2026 may be obligated or expended to award a grant or contract to an institution of higher education for the specific purposes of conducting fundamental research in collaboration with a covered entity. ###
(b)Waiver ####
(1)In general The Assistant Secretary of Defense for Science and Technology may waive the limitation under subsection (a), on a case-by-case basis, with respect to an individual grant or contract for an institution of higher education if the Assistant Secretary determines that such a waiver is in the national security interests of the United States. ####
(2)Congressional notice Not later than 30 days after the date on which an award is made by the Department of Defense involving an institution of higher education with respect to which a waiver is made under paragraph (1), the Assistant Secretary of Defense for Science and Technology shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of such waiver. ###
(c)Report Annex ####
(1)In general On an annual basis, as a classified or controlled unclassified information annex to the annual report required by section 1286(f) of the John S McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note) (as so redesignated by section 226 of this title), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report annex on the compliance of the Department of Defense and institutions of higher education with the requirements of this section. ####
(2)Contents Each report annex submitted pursuant to paragraph
(1)shall include, for each waiver issued under subsection
(b)during the period covered by the report— #####
(A)a justification for the waiver; and #####
(B)a detailed description of the type and extent of any collaboration between an institution of higher education and a covered entity allowed pursuant to the waiver, including identification of the institution of higher education and the covered entities involved, the type of technology involved, the duration of the collaboration, and terms and conditions on intellectual property assignment, as applicable, under the collaboration agreement. ###
(d)Definitions In this section: ####
(1)The term “collaboration” means coordinated activity between an institution of higher education and a covered entity and includes— #####
(A)sharing of research facilities, resources, or data; #####
(B)sharing of technical know-how; #####
(C)any financial or in-kind contribution intended to produce a research product; #####
(D)sponsorship or facilitation of research fellowships, visas, or residence permits; #####
(E)joint ventures, partnerships, or other formalized agreements for the purpose of conducting research or sharing resources, data, or technology; #####
(F)inclusion of researchers as consultants, advisors, or members of advisory or review boards; and #####
(G)such other activities as may be determined by the Secretary of Defense. ####
(2)The term “covered entity”— #####
(A)means an academic institution that is included in the most recently updated list developed pursuant to 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note); and #####
(B)includes any individual employed by such an academic institution. ####
(3)The term “fundamental research” has the meaning given that term in National Security Decision Directive-189 (NSSD-189), National Policy on the Transfer of Scientific, Technical and Engineering Information, dated September 21, 1985, or any successor document. ####
(4)The term “institution of higher education” has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) and includes— #####
(A)any department, program, project, faculty, researcher, or other individual, entity, or activity of such institution; and #####
(B)any branch of such institution within or outside the United States. ## Subtitle C Plans, Reports, and Other Matters
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Sec. 238
LIMITATION ON AVAILABILITY OF FUNDS FOR FUNDAMENTAL RESEARCH COLLABORATION WITH CERTAIN ACADEMIC INSTITUTIONS
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