Page:United States Statutes at Large Volume 106 Part 3.djvu/128

 106 STAT. 1922 PUBLIC LAW 102-396 —OCT. 6, 1992 Grants. Science and technol(^y. Reports. Regulations. in section 401, as amended, of title IV of Public Law 102-172: Provided further, That the Secretary of Defense shall review the grants made available and spedfied by this section and shall award such amounts as he deems appropriate based on the potential contribution eadi proposed project may make to the national scientific and technical posture: Provided further, That the funds made available by this section may be obligated only in accordance with a merit based selection process, utilizing recommendtions of a peer review process, consistent with the provisions of section 2361 (a) of title 10, United States Code: Provided further. That the Secretary of Defense shall select persons to participate in such peer review process only from the faculty or staff of institutions that are members of the National Association of State Universities and Land Grant Colleges or the American Association of State College and Universities. SEC. 9090. (a) Funds appropriated in this Act to finance activities of Department of Defense (DOD) Federally Funded Research and Development Centers (FFRDCs) may not be obligated or expended for an FFRDC if a member of its Board of Directors or Trustees simultaneously serves on the Board of Directors or Trustees of a profit-making company under contract to the Department of Defense unless the FFRDC has a DOD approved conflict of interest policy for its members. Qa) None of the funds appropriated in this Act are available to establish a new FFRDC, either as a new entity, or as a separate entity administered by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (c) The total amount appropriated to or for the use of the Department of Defense by this Act is reduced by $300,000,000 to reflect savings from the decreased use of non-FFRDC consulting services by the Department of Defense. The Secretary of Defense shall allocate the amount reduced in the preceding sentence and not later.than March 1, 1993, report to the Senate and the House Committees on Appropriations how this reduction was allocated among the Services and Defense Agencies: Provided, That this subsection does not apply to the reserve components. SEC. 9091. None of the funds appropriated in this Act shall be available to comply with, or to implement any provision issued in compliance with, the August 27, 1984 memorandum of the Deputy Secretary of Defense entitled "Debarment from Defense Contracts for Felony Criminal Convictions". SEC. 9091A. Of the funds made available by this Act in title III, Prociirement, $8,000,000, drawn pro rata from each appropriations account in title III, shall be available for incentive payments authorized by section 504 of the Indian Financing Act of 1974, 25 U.S.C. 1544. These payments shall be available only to contractors which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d)(4)(B), and according to regulations which shall be promulgated by the Secretary of Defense within 90 days of the passage of this Act. SEC. 9092. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided, That tiiese procurement restrictions shall apply to any and all Federal Supply

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