-CITE- 10 USC CHAPTER 139 - RESEARCH AND DEVELOPMENT 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- CHAPTER 139 - RESEARCH AND DEVELOPMENT -MISC1- Sec. 2351. Availability of appropriations. 2352. Defense Advanced Research Projects Agency: biennial strategic plan. 2353. Contracts: acquisition, construction, or furnishing of test facilities and equipment. 2354. Contracts: indemnification provisions. [2355 to 2357. Repealed.] 2358. Research and development projects. 2359. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, test, and evaluation. 2359a. Technology Transition Initiative. 2359b. Defense Acquisition Challenge Program. 2360. Research and development laboratories: contracts for services of university students. 2361. Award of grants and contracts to colleges and universities: requirement of competition. [2362, 2363. Repealed.] 2364. Coordination and communication of defense research activities. 2365. Global Research Watch Program. 2366. Major systems and munitions programs: survivability testing and lethality testing required before full-scale production. 2366a. Major defense acquisition programs: certification required before Milestone B approval or Key Decision Point B approval.(!1) 2367. Use of federally funded research and development centers. [2368 to 2370a. Repealed.] 2371. Research projects: transactions other than contracts and grants. 2371a. Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980. 2372. Independent research and development and bid and proposal costs: payments to contractors. 2373. Procurement for experimental purposes. 2374. Merit-based award of grants for research and development. 2374a. Prizes for advanced technology achievements. 2374b. Prizes for achievements in promoting science, mathematics, engineering, or technology education. AMENDMENTS 2006 - Pub. L. 109-163, div. A, title VIII, Sec. 801(b), Jan. 6, 2006, 119 Stat. 3367, added item 2366a. 2004 - Pub. L. 108-375, div. A, title X, Sec. 1005(b), Oct. 28, 2004, 118 Stat. 2036, struck out item 2370a "Medical countermeasures against biowarfare threats: allocation of funding between near-term and other threats". 2003 - Pub. L. 108-136, div. A, title II, Secs. 231(b), 232(b), Nov. 24, 2003, 117 Stat. 1422, 1423, added items 2352 and 2365. 2002 - Pub. L. 107-314, div. A, title II, Secs. 242(a)(2), 243(b), 248(c)(2), Dec. 2, 2002, 116 Stat. 2495, 2498, 2503, added items 2359a, 2359b, and 2374b. 2000 - Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 904(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-225, added item 2359. 1999 - Pub. L. 106-65, div. A, title II, Sec. 244(b), Oct. 5, 1999, 113 Stat. 552, added item 2374a. 1996 - Pub. L. 104-201, div. A, title II, Sec. 267(c)(1)(C), Sept. 23, 1996, 110 Stat. 2468, added item 2371a. Pub. L. 104-106, div. A, title VIII, Sec. 802(b), title X, Secs. 1061(j)(2), 1062(c)(2), Feb. 10, 1996, 110 Stat. 390, 443, 444, struck out items 2352 "Contracts: notice to Congress required for contracts performed over period exceeding 10 years", 2356 "Contracts: delegations", and 2370 "Biological Defense Research Program". 1994 - Pub. L. 103-355, title I, Sec. 1301(c), title II, Sec. 2002(b), title III, Sec. 3062(b), title VII, Sec. 7203(a)(3), Oct. 13, 1994, 108 Stat. 3287, 3303, 3337, 3380, added item 2374, substituted in item 2358 "Research and development projects" for "Research projects" and in item 2371 "Research projects: transactions other than contracts and grants" for "Advanced research projects: cooperative agreements and other transactions", and struck out item 2355 "Contracts: vouchering procedures" and item 2369 "Product evaluation activity". 1993 - Pub. L. 103-160, div. A, title II, Sec. 214(b), title VIII, Sec. 828(a)(2), (c)(2), Nov. 30, 1993, 107 Stat. 1586, 1713, 1714, struck out item 2362 "Testing requirements: wheeled or tracked armored vehicles" and added items 2370a and 2373. 1992 - Pub. L. 102-484, div. A, title VIII, Sec. 821(c)(2), div. D, title XLII, Sec. 4271(b)(3), Oct. 23, 1992, 106 Stat. 2460, 2696, struck out items 2363 "Encouragement of technology transfer" and 2365 "Competitive prototype strategy requirement: major defense acquisition programs". 1991 - Pub. L. 102-190, div. A, title VIII, Secs. 802(a)(2), 803(a)(2), 821(c)(2), Dec. 5, 1991, 105 Stat. 1414, 1415, 1431, substituted item 2352 for former item 2352 "Contracts: limited to five-year terms", struck out item 2368 "Critical technologies research", and substituted item 2372 for former item 2372 "Independent research and development". Pub. L. 102-25, title VII, Sec. 701(e)(5), Apr. 6, 1991, 105 Stat. 114, inserted period at end of item 2366. 1990 - Pub. L. 101-510, div. A, title II, Sec. 241(b), title VIII, Sec. 824(a)(2), title XIII, Sec. 1331(5), Nov. 5, 1990, 104 Stat. 1517, 1604, 1673, struck out items 2357 "Contracts: reports to Congress" and 2359 "Salaries of officers of Federal contract research centers: reports to Congress" and added items 2370 and 2372. 1989 - Pub. L. 101-189, div. A, title II, Sec. 251(a)(2), title VIII, Secs. 802(c)(4)(B), 841(c)(2), Nov. 29, 1989, 103 Stat. 1404, 1486, 1514, substituted "testing and lethality testing required before full-scale production" for "and lethality testing; operational testing" in item 2366, substituted "research" for "plan" in item 2368, and added item 2371. 1988 - Pub. L. 100-456, div. A, title II, Sec. 220(b), title VIII, Secs. 823(a)(2), 842(b), Sept. 29, 1988, 102 Stat. 1941, 2018, 2026, added items 2361, 2368, and 2369. Pub. L. 100-370, Sec. 1(g)(4), July 19, 1988, 102 Stat. 847, added item 2351, and struck out item 2361 "Availability of appropriations". 1987 - Pub. L. 100-180, div. A, title XII, Sec. 1231(10)(C), (12), Dec. 4, 1987, 101 Stat. 1160, substituted "defense" for "Defense" in item 2364 and "federally" for "Federally" in item 2367. Pub. L. 100-26, Sec. 5(3)(B), Apr. 21, 1987, 101 Stat. 274, made technical amendment to directory language of section 909(a)(2) of Pub. L. 99-500, Pub. L. 99-591, and 99-661. See 1986 Amendment note below. Pub. L. 100-26, Sec. 3(1)(B), Apr. 21, 1987, 101 Stat. 273, made technical amendment to directory language of section 234(c)(2) of Pub. L. 99-661. See 1986 Amendment note below. 1986 - Pub. L. 99-661, div. A, title II, Sec. 234(c)(2), Nov. 14, 1986, 100 Stat. 3849, as amended by Pub. L. 100-26, Sec. 3(1)(B), Apr. 21, 1987, 101 Stat. 273, added item 2364. Pub. L. 99-500, Sec. 101(c) [title X, Secs. 909(a)(2), 910(a)(2), 912(a)(2)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-143, 1783-144, 1783-146, and Pub. L. 99-591, Sec. 101(c) [title X, Secs. 909(a)(2), 910(a)(2), 912(a)(2)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-143, 3341-144, 3341-146; Pub. L. 99-661, div. A, title IX, formerly title IV, Secs. 909(a)(2), 910(a)(2), 912(a)(2), Nov. 14, 1986, 100 Stat. 3849, 3922, 3924, 3926, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; as amended by Pub. L. 100-26, Sec. 5(3)(B), Apr. 21, 1987, 101 Stat. 274, amended analysis identically, adding items 2365, 2366, and 2367. 1985 - Pub. L. 99-145, title I, Sec. 123(a)(2), title XIV, Sec. 1457(b), Nov. 8, 1985, 99 Stat. 601, 763, added items 2362 and 2363. 1982 - Pub. L. 97-258, Sec. 2(b)(3)(A), Sept. 13, 1982, 96 Stat. 1052, added item 2361. 1981 - Pub. L. 97-86, title VI, Sec. 603(b), Dec. 1, 1981, 95 Stat. 1110, added item 2360. 1979 - Pub. L. 96-107, title VIII, 819(a)(2), Nov. 9, 1979, 93 Stat. 819, added item 2359. 1962 - Pub. L. 87-651, title II, Sec. 208(b), Sept. 7, 1962, 76 Stat. 523, added item 2358. 1958 - Pub. L. 85-599, Sec. 3(d), Aug. 6, 1958, 72 Stat. 516, struck out item 2351 "Policy, plans, and coordination". -FOOTNOTE- (!1) So in original. Does not conform to section catchline. -End- -CITE- 10 USC Sec. 2351 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2351. Availability of appropriations -STATUTE- (a) Funds appropriated to the Department of Defense for research and development remain available for obligation for a period of two consecutive years. (b) Funds appropriated to the Department of Defense for research and development may be used - (1) for the purposes of section 2353 of this title; and (2) for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Department of Defense. -SOURCE- (Added Pub. L. 97-258, Sec. 2(b)(3)(B), Sept. 13, 1982, 96 Stat. 1052, Sec. 2361; renumbered Sec. 2351 and amended Pub. L. 100-370, Sec. 1(g)(1), July 19, 1988, 102 Stat. 846.) -MISC1- HISTORICAL AND REVISION NOTES 1982 ACT -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2361 31:649c(2). Aug. 10, 1956, ch. 1041, Sec. 40(2), 70A Stat. 636; Nov. 17, 1971, Pub. L. 92-156, Sec. 201(b), 85 Stat. 424. -------------------------------------------------------------------- The words "Unless otherwise provided in the appropriation Act concerned" are omitted as unnecessary and for consistency. The word "Funds" is substituted for "moneys" for consistency in title 10. 1988 ACT Subsection (a) is based on section 2361 of this title. Subsection (b) is based on Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8015], Dec. 19, 1985, 99 Stat. 1185, 1205. PRIOR PROVISIONS A prior section 2351, act Aug. 10, 1956, ch. 1041, 70A Stat. 133, related to policy, plans, and coordination relative to research and development on scientific problems relating to the national security, prior to repeal by Pub. L. 85-599, Sec. 3(d). AMENDMENTS 1988 - Pub. L. 100-370 renumbered section 2361 of this title as this section, designated such provisions as subsec. (a), and added subsec. (b). -End- -CITE- 10 USC Sec. 2352 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2352. Defense Advanced Research Projects Agency: biennial strategic plan -STATUTE- (a) Requirement for Strategic Plan. - Every other year, and in time for submission to Congress under subsection (c), the Director of the Defense Advanced Research Projects Agency shall prepare a strategic plan for the activities of that agency. (b) Contents. - The strategic plan required by subsection (a) shall include the following matters: (1) The long-term strategic goals of that agency. (2) Identification of the research programs of that agency that support - (A) achievement of those strategic goals; and (B) exploitation of opportunities that hold the potential for yielding significant military benefits. (3) The connection of the activities and programs of that agency to activities and missions of the armed forces. (4) A technology transition strategy for the programs of that agency. (5) A description of the policies of that agency on the management, organization, and personnel of that agency. (c) Submission of Plan to Congress. - The Secretary of Defense shall submit to Congress the strategic plan most recently prepared under subsection (a) at the same time that the President submits to Congress the budget for an even-numbered fiscal year under section 1105(a) of title 31. -SOURCE- (Added Pub. L. 108-136, div. A, title II, Sec. 232(a), Nov. 24, 2003, 117 Stat. 1422.) -MISC1- PRIOR PROVISIONS A prior section 2352, acts Aug. 10, 1956, ch. 1041, 70A Stat. 133; Dec. 5, 1991, Pub. L. 102-190, div. A, title VIII, Sec. 803(a)(1), 105 Stat. 1414; Pub. L. 102-484, div. A, title X, Sec. 1053(4), Oct. 23, 1992, 106 Stat. 2501, required Secretary of military department to give notice to Congress of contracts performed over a period exceeding 10 years, prior to repeal by Pub. L. 104-106, div. A, title X, Sec. 1062(c)(1), Feb. 10, 1996, 110 Stat. 444. -End- -CITE- 10 USC Sec. 2353 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2353. Contracts: acquisition, construction, or furnishing of test facilities and equipment -STATUTE- (a) A contract of a military department for research or development, or both, may provide for the acquisition or construction by, or furnishing to, the contractor, of research, developmental, or test facilities and equipment that the Secretary of the military department concerned determines to be necessary for the performance of the contract. The facilities and equipment, and specialized housing for them, may be acquired or constructed at the expense of the United States, and may be lent or leased to the contractor with or without reimbursement, or may be sold to him at fair value. This subsection does not authorize new construction or improvements having general utility. (b) Facilities that would not be readily removable or separable without unreasonable expense or unreasonable loss of value may not be installed or constructed under this section on property not owned by the United States, unless the contract contains - (1) a provision for reimbursing the United States for the fair value of the facilities at the completion or termination of the contract or within a reasonable time thereafter; (2) an option in the United States to acquire the underlying land; or (3) an alternative provision that the Secretary concerned considers to be adequate to protect the interests of the United States in the facilities. (c) Proceeds of sales or reimbursements under this section shall be paid into the Treasury as miscellaneous receipts, except to the extent otherwise authorized by law with respect to property acquired by the contractor. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 134.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2353(a) 5:235e (1st sentence; and July 16, 1952, ch. 882, 2d sentence, less 2d and Sec. 4 (less 3d and last last provisos). sentences), 66 Stat. 725. 5:475j (1st sentence; and 2d sentence, less 2d and last provisos). 5:628e (1st sentence; and 2d sentence, less 2d and last provisos). 2353(b) 5:235e (2d proviso of 2d sentence). 5:475j (2d proviso of 2d sentence). 5:628e (2d proviso of 2d sentence). 2353(c) 5:235e (last proviso of 2d sentence). 5:475j (last proviso of 2d sentence). 5:628e (last proviso of 2d sentence). -------------------------------------------------------------------- In subsection (a), the words "furnished to" and "for the use thereof" are omitted as surplusage. In subsections (a) and (b), the words "United States" are substituted for the word "Government". In subsection (b), the introductory clause is substituted for 5:235e (words of 2d proviso before clause (1)), 475j, and 628e. The words "that * * * considers" are substituted for the words "as will in the opinion". The words "an alternative" are substituted for the words "such other". In subsection (c), the words "Proceeds of" are substituted for the words "That all moneys arising from". USE OF RESEARCH AND DEVELOPMENT FUNDS FOR TEST FACILITIES AND EQUIPMENT Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8015], Dec. 19, 1985, 99 Stat. 1185, 1205, which provided that appropriations available to the Department of Defense for research and development could be used for 10 U.S.C. 2353 and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Service concerned, was repealed and restated in section 2351(b) of this title by Pub. L. 100-370, Sec. 1(g)(1)(B), (2), July 19, 1988, 102 Stat. 846. -End- -CITE- 10 USC Sec. 2354 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2354. Contracts: indemnification provisions -STATUTE- (a) With the approval of the Secretary of the military department concerned, any contract of a military department for research or development, or both, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not compensated by insurance or otherwise: (1) Claims (including reasonable expenses of litigation or settlement) by third persons, including employees of the contractor, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous. (2) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous. (b) A contract, made under subsection (a), that provides for indemnification must also provide for - (1) notice to the United States of any claim or suit against the contractor for the death, bodily injury, or loss of or damage to property; and (2) control of or assistance in the defense by the United States, at its election, of that suit or claim. (c) No payment may be made under subsection (a) unless the Secretary of the department concerned, or an officer or official of his department designated by him, certifies that the amount is just and reasonable. (d) Upon approval by the Secretary concerned, payments under subsection (a) may be made from - (1) funds obligated for the performance of the contract concerned; (2) funds available for research or development, or both, and not otherwise obligated; or (3) funds appropriated for those payments. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 134.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2354(a) 5:235f (1st sentence, July 16, 1952, ch. 882, less provisos). Sec. 5, 66 Stat. 726. 5:475k (1st sentence, less provisos). 5:628f (1st sentence, less provisos). 2354(b) 5:235f (1st proviso of 1st sentence). 5:475k (1st proviso of 1st sentence). 5:628f (1st proviso of 1st sentence). 2354(c) 5:235f (last proviso of 1st sentence). 5:475k (last proviso of 1st sentence). 5:628f (last proviso of 1st sentence). 2354(d) 5:235f (less 1st sentence). 5:475k (less 1st sentence). 5:628f (less 1st sentence). -------------------------------------------------------------------- In subsection (a), the words "Liability on account of", and "of such claims" are omitted as surplusage. In clauses (1) and (2), the word "from" is substituted for the words "arising as a result of". In subsections (a) and (b), the words "United States" are substituted for the word "Government". In subsection (b), the words "made under subsection (a), that provides for indemnification" are substituted for the words "so providing * * * with respect to any alleged liability for such death". The words "appropriate" and "or actions filed * * * or made" are omitted as surplusage. In subsection (c), the words "by the Government", "authority of", and "for such purpose" are omitted as surplusage. In subsection (d), the words "by the Congress" and "the making of" are omitted as surplusage. The words "or both" are inserted to conform to subsection (a). -End- -CITE- 10 USC Sec. 2355 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2355. Repealed. -MISC1- [Sec. 2355. Repealed. Pub. L. 103-355, title II, Sec. 2002(a), Oct. 13, 1994, 108 Stat. 3303]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 135, authorized Secretary of each military department to prescribe by regulation the extent of itemization, substantiation, or certification of vouchers for funds spent under research or development contracts prior to payment. -End- -CITE- 10 USC Sec. 2356 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2356. Repealed. -MISC1- [Sec. 2356. Repealed. Pub. L. 104-106, div. A, title VIII, Sec. 802(a), Feb. 10, 1996, 110 Stat. 390]. Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 135; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(43A), 72 Stat. 1457; July 18, 1984, Pub. L. 98-369, div. B, title VII, Sec. 2727(d), 98 Stat. 1195; Dec. 4, 1987, Pub. L. 100-180, div. A, title XII, Sec. 1231(18)(B), 101 Stat. 1161, related to delegations of authority under sections 1584, 2353, 2354, and 2355 of this title. -End- -CITE- 10 USC Sec. 2357 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2357. Repealed. -MISC1- [Sec. 2357. Repealed. Pub. L. 101-510, div. A, title XIII, Sec. 1301(11), Nov. 5, 1990, 104 Stat. 1668]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 135, required Secretary of each military department to report to Congress on contracts for research and development. -End- -CITE- 10 USC Sec. 2358 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2358. Research and development projects -STATUTE- (a) Authority. - The Secretary of Defense or the Secretary of a military department may engage in basic research, applied research, advanced research, and development projects that - (1) are necessary to the responsibilities of such Secretary's department in the field of research and development; and (2) either - (A) relate to weapon systems and other military needs; or (B) are of potential interest to the Department of Defense. (b) Authorized Means. - The Secretary of Defense or the Secretary of a military department may perform research and development projects - (1) by contract, cooperative agreement, or grant, in accordance with chapter 63 of title 31; (2) through one or more military departments; (3) by using employees and consultants of the Department of Defense; or (4) by mutual agreement with the head of any other department or agency of the Federal Government. (c) Requirement of Potential Department of Defense Interest. - Funds appropriated to the Department of Defense or to a military department may not be used to finance any research project or study unless the project or study is, in the opinion of the Secretary of Defense or the Secretary of that military department, respectively, of potential interest to the Department of Defense or to such military department, respectively. (d) Additional Provisions Applicable to Cooperative Agreements. - Additional authorities, conditions, and requirements relating to certain cooperative agreements authorized by this section are provided in sections 2371 and 2371a of this title. -SOURCE- (Added Pub. L. 87-651, title II, Sec. 208(a), Sept. 7, 1962, 76 Stat. 523; amended Pub. L. 97-86, title IX, Sec. 910, Dec. 1, 1981, 95 Stat. 1120; Pub. L. 100-370, Sec. 1(g)(3), July 19, 1988, 102 Stat. 846; Pub. L. 103-160, div. A, title VIII, Sec. 827(a), Nov. 30, 1993, 107 Stat. 1712; Pub. L. 103-355, title I, Sec. 1301(a), Oct. 13, 1994, 108 Stat. 3284; Pub. L. 104-201, div. A, title II, Sec. 267(c)(2), Sept. 23, 1996, 110 Stat. 2468.) -MISC1- HISTORICAL AND REVISION NOTES 1962 ACT -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2358 5:171c(b)(2), (3). July 26, 1947, ch. 343, Sec. 203(b)(2), (3); added Aug. 6, 1958, Pub. L. 85-599, Sec. 9(a) (3d and 4th pars.), 72 Stat. 520. -------------------------------------------------------------------- 5 U.S.C. 171c(b)(3) is omitted as unnecessary since the authorization for appropriations is implied in 5 U.S.C. 171c(b)(2). 1988 ACT In the existing text of 10 U.S.C. 2358, the bill would in two instances strike the phrase "or his designee" appearing after "Secretary of Defense" (section 1(g)(3)). The change is made for consistency in the Code, and no substantive change is intended. The committee notes that the Secretary of Defense has general authority to delegate functions under 10 U.S.C. 113(d). Subsection (b) is based on Pub. L. 91-441, title II, Sec. 204, Oct. 7, 1970, 84 Stat. 908. AMENDMENTS 1996 - Subsec. (d). Pub. L. 104-201 substituted "sections 2371 and 2371a" for "section 2371". 1994 - Pub. L. 103-355 amended section generally, inserting reference to development projects in section catchline, and in text specifying that relevant Secretary may perform research and development projects in accordance with chapter 63 of title 31, and adding subsec. (d) relating to additional provisions applicable to cooperative agreements. 1993 - Pub. L. 103-160 amended section generally. Prior to amendment, section read as follows: "(a) In General. - Subject to approval by the President, the Secretary of Defense may engage in basic and applied research projects that are necessary to the responsibilities of the Department of Defense in the field of basic and applied research and development and that relate to weapons systems and other military needs. Subject to approval by the President, the Secretary may perform assigned research and development projects - "(1) by contract with, or by grant to, educational or research institutions, private businesses, or other agencies of the United States; "(2) through one or more of the military departments; or "(3) by using employees and consultants of the Department of Defense. "(b) Requirement of Potential Military Relationship. - Funds appropriated to the Department of Defense may not be used to finance any research project or study unless the project or study has, in the opinion of the Secretary of Defense, a potential relationship to a military function or operation." 1988 - Pub. L. 100-370 designated existing provisions as subsec. (a), inserted heading, struck out "or his designee" after "Secretary of Defense" and "President, the Secretary", and added subsec. (b). 1981 - Par. (1). Pub. L. 97-86 substituted "by contract with, or by grant to," for "by contract with". EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103- 355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of Title 41, Public Contracts. HYPERSONICS DEVELOPMENT Pub. L. 109-364, div. A, title II, Sec. 218, Oct. 17, 2006, 120 Stat. 2126, provided that: "(a) Establishment of Joint Technology Office on Hypersonics. - The Secretary of Defense shall establish within the Office of the Secretary of Defense a joint technology office on hypersonics. The office shall carry out the program required under subsection (b), and shall have such other responsibilities relating to hypersonics as the Secretary shall specify. "(b) Program on Hypersonics. - The joint technology office established under subsection (a) shall carry out a program for the development of hypersonics for defense purposes. "(c) Responsibilities. - In carrying out the program required by subsection (b), the joint technology office established under subsection (a) shall do the following: "(1) Coordinate and integrate current and future research, development, test, and evaluation programs and system demonstration programs of the Department of Defense on hypersonics. "(2) Undertake appropriate actions to ensure - "(A) close and continuous integration of the programs on hypersonics of the military departments with the programs on hypersonics of the Defense Agencies; "(B) coordination of the programs referred to in subparagraph (A) with the programs on hypersonics of the National Aeronautics and Space Administration; and "(C) that developmental testing resources are adequate and facilities are made available in a timely manner to support hypersonics research, demonstration programs, and system development. "(3) Approve demonstration programs on hypersonic systems. "(4) Ensure that any demonstration program on hypersonic systems that is carried out in any year after its approval under paragraph (3) is carried out only if certified under subsection (e) as being consistent with the roadmap under subsection (d). "(d) Roadmap. - "(1) Roadmap required. - The joint technology office established under subsection (a) shall develop, and every two years revise, a roadmap for the hypersonics programs of the Department of Defense. "(2) Coordination. - The roadmap shall be developed and revised under paragraph (1) in coordination with the Joint Staff and in consultation with the National Aeronautics and Space Administration. "(3) Elements. - The roadmap shall include the following matters: "(A) Anticipated or potential mission requirements for hypersonics. "(B) Short-term, mid-term, and long-term goals for the Department of Defense on hypersonics, which shall be consistent with the missions and anticipated requirements of the Department over the applicable period. "(C) A schedule for meeting such goals, including - "(i) the activities and funding anticipated to be required for meeting such goals; and "(ii) the activities of the National Aeronautics and Space Administration to be leveraged by the Department to meet such goals. "(D) The test and evaluation facilities required to support the activities identified in subparagraph (C), along with the schedule and funding required to upgrade those facilities, as necessary. "(E) Acquisition transition plans for hypersonics. "(4) Submittal to congress. - The Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] - "(A) at the same time as the submittal to Congress of the budget for fiscal year 2008 (as submitted pursuant to section 1105 of title 31, United States Code), the roadmap developed under paragraph (1); and "(B) at the same time as the submittal to Congress of the budget for each even-numbered fiscal year after 2008, the roadmap revised under paragraph (1). "(e) Annual Review and Certification of Funding. - "(1) Annual review. - The joint technology office established under subsection (a) shall conduct on an annual basis a review of - "(A) the funding available for research, development, test, and evaluation and demonstration programs within the Department of Defense for hypersonics, in order to determine whether or not such funding is consistent with the roadmap developed under subsection (d); and "(B) the hypersonics demonstration programs of the Department, in order to determine whether or not such programs avoid duplication of effort and support the goals of the Department in a manner consistent with the roadmap developed under subsection (d). "(2) Certification. - The joint technology office shall, as a result of each review under paragraph (1), certify to the Secretary whether or not the funding and programs subject to such review are consistent with the roadmap developed under subsection (d). "(3) Termination. - The requirements of this subsection shall terminate after the submittal to Congress of the budget for fiscal year 2012 pursuant to section 1105 of title 31, United States Code. "(f) Reports to Congress. - If, as a result of a review under subsection (e), funding or a program on hypersonics is certified under that subsection not to be consistent with the roadmap developed under subsection (d), the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], at the same time as the submittal to Congress of the budget (as submitted pursuant to section 1105 of title 31, United States Code), a report on such funding or program, as the case may be, describing how such funding or program is not consistent with the roadmap, together with a statement of the actions to be taken by the Department." COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT OF VACUUM ELECTRONICS TECHNOLOGIES Pub. L. 108-375, div. A, title II, Sec. 212, Oct. 28, 2004, 118 Stat. 1832, provided that: "(a) Program Required. - The Secretary of Defense shall establish a program for research and development in advanced vacuum electronics to meet the requirements of Department of Defense systems. "(b) Description of Program. - The program under subsection (a) shall be carried out collaboratively by the Director of Defense Research and Engineering, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of the Army, and other appropriate elements of the Department of Defense. The program shall include the following activities: "(1) Activities needed for development and maturation of advanced vacuum electronics technologies needed to meet the requirements of the Department of Defense. "(2) Identification of legacy and developmental Department of Defense systems which may make use of advanced vacuum electronics under the program. "(c) Report. - Not later than January 31, 2005, the Director of Defense Research and Engineering shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report on the implementation of the program under subsection (a). The report shall include the following: "(1) Identification of the organization to have lead responsibility for carrying out the program. "(2) Assessment of the role of investing in vacuum electronics technologies as part of the overall strategy of the Department of Defense for investing in electronics technologies to meet the requirements of the Department. "(3) The management plan and schedule for the program and any agreements relating to that plan. "(4) Identification of the funding required for fiscal year 2006 and for the future-years defense program to carry out the program. "(5) A list of program capability goals and objectives. "(6) An outline of the role of basic and applied research in support of the development and maturation of advanced vacuum electronics technologies needed to meet the requirements of the Department of Defense. "(7) Assessment of global capabilities in vacuum electronics technologies and the effect of those capabilities on the national security and economic competitiveness of the United States." DEPARTMENT OF DEFENSE PROGRAM TO EXPAND HIGH-SPEED, HIGH-BANDWIDTH CAPABILITIES FOR NETWORK-CENTRIC OPERATIONS Pub. L. 108-136, div. A, title II, Sec. 234, Nov. 24, 2003, 117 Stat. 1423, provided that: "(a) In General. - The Secretary of Defense shall carry out a program of research and development to promote the development of high-speed, high-bandwidth communications capabilities for support of network-centric operations by the Armed Forces. "(b) Purposes. - The purposes of the program required by subsection (a) are as follows: "(1) To accelerate the development and fielding by the Armed Forces of network-centric operational capabilities (including expanded use of unmanned vehicles, satellite communications, and sensors) through the promotion of research and development, and the focused coordination of programs, to achieve high-speed, high- bandwidth connectivity to military assets. "(2) To provide for the development of equipment and technologies for military high-speed, high-bandwidth communications capabilities for support of network-centric operations. "(c) Description of Program. - In carrying out the program of research and development required by subsection (a), the Secretary shall - "(1) identify areas of advanced wireless communications in which research and development, or the use of emerging technologies, has significant potential to improve the performance, efficiency, cost, and flexibility of advanced communications systems for support of network-centric operations; "(2) develop a coordinated plan for research and development on - "(A) improved spectrum access through spectrum-efficient communications for support of network-centric operations; "(B) high-speed, high-bandwidth communications; "(C) networks, including complex ad hoc adaptive network structures; "(D) communications devices, including efficient receivers and transmitters; "(E) computer software and wireless communication applications, including robust security and encryption; and "(F) any other matters that the Secretary considers appropriate for the purposes described in subsection (b); "(3) ensure joint research and development, and promote joint systems acquisition and deployment, among the military departments and defense agencies, including the development of common cross-service technology requirements and doctrine, so as to enhance interoperability among the military services and defense agencies; "(4) conduct joint experimentation among the Armed Forces, and coordinate with the Joint Forces Command, on experimentation to support the development of network-centric warfare capabilities from the operational to the small unit level in the Armed Forces; "(5) consult with other Federal entities and with private industry to develop cooperative research and development efforts, to the extent that such efforts are practicable. "(d) Report. - (1) The Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives], together with the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2006 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a report on the activities carried out under this section through the date on which the report is submitted. "(2) The report under paragraph (1) shall include the following: "(A) A description of the research and development activities carried out under subsection (a), including the particular activities carried out under the plan required by subsection (c)(2). "(B) Current and proposed funding for the particular activities carried out under that plan, as set forth in each of subparagraphs (A) through (F) of subsection (c)(2). "(C) A description of the joint research and development activities required by subsection (c)(3). "(D) A description of the joint experimentation activities required by subsection (c)(4). "(E) An analysis of the effects on recent military operations of limitations on communications bandwidth and access to radio frequency spectrum. "(F) An assessment of the effect of additional resources on the ability to achieve the purposes described in subsection (b). "(G) Such recommendations for additional activities under this section as the Secretary considers appropriate to meet the purposes described in subsection (b)." RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL COUNTERMEASURES Pub. L. 108-136, div. A, title XVI, Sec. 1601, Nov. 24, 2003, 117 Stat. 1680, provided that: "(a) In General. - The Secretary of Defense (in this section referred to as the 'Secretary') shall carry out a program to accelerate the research, development and procurement of biomedical countermeasures, including but not limited to therapeutics and vaccines, for the protection of the Armed Forces from attack by one or more biological, chemical, radiological, or nuclear agents. "(b) Interagency Cooperation. - (1) In carrying out the program under subsection (a), the Secretary may enter into interagency agreements and other collaborative undertakings with other Federal agencies. "(2) The Secretary, through regular, structured, and close consultation with the Secretary of Health and Human Services and the Secretary of Homeland Security, shall ensure that the activities of the Department of Defense in carrying out the program are coordinated with, complement, and do not unnecessarily duplicate activities of the Department of Health and Human Services or the Department of Homeland Security. "(c) Expedited Procurement Authority. - (1) For any procurement of property or services for use (as determined by the Secretary) in performing, administering, or supporting biomedical countermeasures research and development, the Secretary may, when appropriate, use streamlined acquisition procedures and other expedited procurement procedures authorized in - "(A) section 32A of the Office of Federal Procurement Policy Act, as added by section 1443 of this Act [41 U.S.C. 428a]; and "(B) section 2371 of title 10, United States Code, and section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note). "(2) Notwithstanding paragraph (1) and the provisions of law referred to in such paragraph, each of the following provisions shall apply to the procurements described in this subsection to the same extent that such provisions would apply to such procurements in the absence of paragraph (1): "(A) Chapter 37 of title 40, United States Code (relating to contract work hours and safety standards). "(B) Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 (41 U.S.C. 57(a) and (b)). "(C) Section 2313 of title 10, United States Code (relating to the examination of contractor records). "(3) The Secretary shall institute appropriate internal controls for use of the authority under paragraph (1), including requirements for documenting the justification for each use of such authority. "(d) Department of Defense Facilities Authority. - (1) If the Secretary determines that it is necessary to acquire, lease, construct, or improve laboratories, research facilities, and other real property of the Department of Defense in order to carry out the program under this section, the Secretary may do so using the procedures set forth in paragraphs (2), (3), (4), and (5). "(2) The Secretary shall use existing construction authorities provided by subchapter I of chapter 169 of title 10, United States Code, to the maximum extent possible. "(3)(A) If the Secretary determines that use of authorities in paragraph (2) would prevent the Department from meeting a specific facility requirement for the program, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] advance notification, which shall include the following: "(i) Certification by the Secretary that use of existing construction authorities would prevent the Department from meeting the specific facility requirement. "(ii) A detailed explanation of the reasons why existing authorities cannot be used. "(iii) A justification of the facility requirement. "(iv) Construction project data and estimated cost. "(v) Identification of the source or sources of the funds proposed to be expended. "(B) The facility project may be carried out only after the end of the 21-day period beginning on the date the notification is received by the congressional defense committees. "(4) If the Secretary determines: (A) that the facility is vital to national security or to the protection of health, safety, or the quality of the environment; and (B) the requirement for the facility is so urgent that the advance notification in paragraph (3) and the subsequent 21-day deferral of the facility project would threaten the life, health, or safety of personnel, or would otherwise jeopardize national security, the Secretary may obligate funds for the facility and notify the congressional defense committees within seven days after the date on which appropriated funds are obligated with the information required in paragraph (3). "(5) The Secretary shall submit to the congressional defense committees a quarterly report detailing any use of the authority provided by paragraph (4), including costs incurred or to be incurred by the United States as a result of the use of the authority. "(6) Nothing in this section shall be construed to authorize the Secretary to acquire, construct, lease, or improve a facility having general utility beyond the specific purposes of the program. "(7) In this subsection, the term 'facility' has the meaning given the term in section 2801(c) of title 10, United States Code. "(e) Authority for Personal Services Contracts. - (1) Subject to paragraph (2), the authority provided by section 1091 of title 10, United States Code, for personal services contracts to carry out health care responsibilities in medical treatment facilities of the Department of Defense shall also be available, subject to the same terms and conditions, for personal services contracts to carry out research and development activities under this section. The number of individuals whose personal services are obtained under this subsection may not exceed 30 at any time. "(2) The authority provided by such section 1091 may not be used for a personal services contract unless the contracting officer for the contract ensures that - "(A) the services to be procured are urgent or unique; and "(B) it would not be practicable for the Department of Defense to obtain such services by other measures. "(f) Streamlined Personnel Authority. - (1) The Secretary may appoint highly qualified experts, including scientific and technical personnel, to carry out research and development under this section in accordance with the authorities provided in section 342 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261 [5 U.S.C. 3104 note]), and section 1101 of this Act [enacting chapter 99 of Title 5, Government Organization and Employees, and provisions set out as a note under section 9901 of Title 5]. "(2) The Secretary may use the authority under paragraph (1) only upon a determination by the Secretary that use of such authority is necessary to accelerate the research and development under the program. "(3) The Secretary shall institute appropriate internal controls for each use of the authority under paragraph (1)." Pub. L. 107-107, div. A, title X, Sec. 1044(a), Dec. 28, 2001, 115 Stat. 1219, provided that: "(1) The Secretary of Defense shall carry out a program to aggressively accelerate the research, development, testing, and licensure of new medical countermeasures for defense against the biological warfare agents that are the highest threat. "(2) The program shall include the following activities: "(A) As the program's first priority, investment in multiple new technologies for medical countermeasures for defense against the biological warfare agents that are the highest threat, including for the prevention and treatment of anthrax. "(B) Leveraging of ideas and technologies from the biological technology industry." VEHICLE FUEL CELL PROGRAM Pub. L. 107-314, div. A, title II, Sec. 245, Dec. 2, 2002, 116 Stat. 2500, provided that: "(a) Program Required. - The Secretary of Defense shall carry out a program for the development of vehicle fuel cell technology. "(b) Goals and Objectives. - The goals and objectives of the program shall be as follows: "(1) To identify and support technological advances that are necessary for the development of fuel cell technology for use in vehicles of types to be used by the Department of Defense. "(2) To ensure that critical technology advances are shared among the various fuel cell technology programs within the Federal Government. "(3) To maximize the leverage of Federal funds that are used for the development of fuel cell technology. "(c) Content of Program. - The program shall include - "(1) development of vehicle propulsion technologies and fuel cell auxiliary power units, together with pilot projects for the demonstration of such technologies, as appropriate; and "(2) development of technologies necessary to address critical issues with respect to vehicle fuel cells, such as issues relating to hydrogen storage and hydrogen fuel infrastructure. "(d) Cooperation With Industry. - (1) The Secretary shall carry out the program in cooperation with companies selected by the Secretary. The Secretary shall select such companies from among - "(A) companies in the automobile and truck manufacturing industry; "(B) companies in the business of supplying systems and components to that industry; and "(C) companies in any other industries that the Secretary considers appropriate. "(2) The Secretary may enter into a cooperative agreement with one or more companies selected under paragraph (1) to establish an entity for carrying out activities required by subsection (c). "(3) The Secretary shall ensure that companies referred to in paragraph (1) collectively contribute, in cash or in kind, not less than one-half of the total cost of carrying out the program under this section. "(e) Coordination With Other Federal Agencies. - The Secretary shall carry out the program using a coordinating mechanism for sharing information and resources with the Department of Energy and other Federal agencies. "(f) Intial [sic] Funding. - Of the funds authorized to be appropriated by section 201(4) [116 Stat. 2479], $10,000,000 shall be available for the program required by this section." DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM Pub. L. 107-314, div. A, title II, Sec. 246, Dec. 2, 2002, 116 Stat. 2500, provided that: "(a) Establishment. - The Secretary of Defense shall carry out a defense nanotechnology research and development program. "(b) Purposes. - The purposes of the program are as follows: "(1) To ensure United States global superiority in nanotechnology necessary for meeting national security requirements. "(2) To coordinate all nanoscale research and development within the Department of Defense, and to provide for interagency cooperation and collaboration on nanoscale research and development between the Department of Defense and other departments and agencies of the United States that are involved in nanoscale research and development. "(3) To develop and manage a portfolio of fundamental and applied nanoscience and engineering research initiatives that is stable, consistent, and balanced across scientific disciplines. "(4) To accelerate the transition and deployment of technologies and concepts derived from nanoscale research and development into the Armed Forces, and to establish policies, procedures, and standards for measuring the success of such efforts. "(5) To collect, synthesize, and disseminate critical information on nanoscale research and development. "(c) Administration. - In carrying out the program, the Secretary shall act through the Director of Defense Research and Engineering, who shall supervise the planning, management, and coordination of the program. The Director, in consultation with the Secretaries of the military departments and the heads of participating Defense Agencies and other departments and agencies of the United States, shall - "(1) prescribe a set of long-term challenges and a set of specific technical goals for the program; "(2) develop a coordinated and integrated research and investment plan for meeting the long-term challenges and achieving the specific technical goals that builds upon the Department's increased investment in nanotechnology research and development and the National Nanotechnology Initiative; and "(3) develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for meeting the long- term challenges and achieving the specific technical goals. "(d) Annual Report. - Not later than March 1 of each of 2004, 2005, 2006, and 2007, the Director of Defense Research and Engineering shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the program. The report shall contain the following matters: "(1) A review of - "(A) the long-term challenges and specific technical goals of the program; and "(B) the progress made toward meeting those challenges and achieving those goals. "(2) An assessment of current and proposed funding levels, including the adequacy of such funding levels to support program activities. "(3) A review of the coordination of activities within the Department of Defense, with other departments and agencies, and with the National Nanotechnology Initiative. "(4) An assessment of the extent to which effective technology transition paths have been established as a result of activities under the program. "(5) Recommendations for additional program activities to meet emerging national security requirements." ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND DEEPLY BURIED TARGETS Pub. L. 107-314, div. A, title X, Sec. 1032, Dec. 2, 2002, 116 Stat. 2643, as amended by Pub. L. 108-136, div. C, title XXXI, Sec. 3135, Nov. 24, 2003, 117 Stat. 1752, provided that: "(a) Annual Report. - Not later than April 1 of each year, the Secretary of Defense, the Secretary of Energy, and the Director of Central Intelligence shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on the research and development, procurement, and other activities undertaken during the preceding fiscal year by the Department of Defense, the Department of Energy, and the intelligence community to develop weapons to defeat hardened and deeply buried targets. "(b) Report Elements. - The report for a fiscal year under subsection (a) shall - "(1) include a discussion of the integration and interoperability of the activities referred to in that subsection that were undertaken during that fiscal year, including a discussion of the relevance of such activities to applicable recommendations by the Chairman of the Joint Chiefs of Staff, assisted under section 181(b) of title 10, United States Code, by the Joint Requirements Oversight Council; and "(2) set forth separately a description of the activities referred to in that subsection, if any, that were undertaken during such fiscal year by each element of - "(A) the Department of Defense; "(B) the Department of Energy; and "(C) the intelligence community. "(c) Definition. - In this section, the term 'intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). "(d) Termination. - No report is required under this section after the submission of the report that is due on April 1, 2007. "(e) Integration Activities in Fiscal Year 2003 With Respect to RNEP. - The report under subsection (a) that is due on April 1, 2004, shall include, in addition to the elements specified in subsection (b), a description of the integration and interoperability of the research and development, procurement, and other activities undertaken during fiscal year 2003 by the Department of Defense and the Department of Energy with respect to the Robust Nuclear Earth Penetrator." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense.] PILOT PROGRAMS FOR REVITALIZING LABORATORIES AND TEST AND EVALUATION CENTERS OF DEPARTMENT OF DEFENSE Pub. L. 107-314, div. A, title II, Sec. 241, Dec. 2, 2002, 116 Stat. 2492, provided that: "(a) Additional Pilot Program. - (1) The Secretary of Defense may carry out a pilot program to demonstrate improved efficiency in the performance of research, development, test, and evaluation functions of the Department of Defense. "(2) Under the pilot program, the Secretary of Defense shall provide the director of one science and technology laboratory, and the director of one test and evaluation laboratory, of each military department with authority for the following: "(A) To use innovative methods of personnel management appropriate for ensuring that the selected laboratories can - "(i) employ and retain a workforce appropriately balanced between permanent and temporary personnel and among workers with appropriate levels of skills and experience; and "(ii) effectively shape workforces to ensure that the workforces have the necessary sets of skills and experience to fulfill their organizational missions. "(B) To develop or expand innovative methods of entering into and expanding cooperative relationships and arrangements with private sector organizations, educational institutions (including primary and secondary schools), and State and local governments to facilitate the training of a future scientific and technical workforce that will contribute significantly to the accomplishment of organizational missions. "(C) To develop or expand innovative methods of establishing cooperative relationships and arrangements with private sector organizations and educational institutions to promote the establishment of the technological industrial base in areas critical for Department of Defense technological requirements. "(D) To waive any restrictions not required by law that apply to the demonstration and implementation of methods for achieving the objectives set forth in subparagraphs (A), (B), and (C). "(3) The Secretary may carry out the pilot program under this subsection at each selected laboratory for a period of three years beginning not later than March 1, 2003. "(b) Relationship to Fiscal Years 1999 and 2000 Revitalization Pilot Programs. - The pilot program under this section is in addition to, but may be carried out in conjunction with, the fiscal years 1999 and 2000 revitalization pilot programs. "(c) Reports. - (1) Not later than January 1, 2003, the Secretary shall submit to Congress a report on the experience under the fiscal years 1999 and 2000 revitalization pilot programs in exercising the authorities provided for the administration of those programs. The report shall include a description of - "(A) barriers to the exercise of the authorities that have been encountered; "(B) the proposed solutions for overcoming the barriers; and "(C) the progress made in overcoming the barriers. "(2) Not later than September 1, 2003, the Secretary of Defense shall submit to Congress a report on the implementation of the pilot program under subsection (a) and the fiscal years 1999 and 2000 revitalization pilot programs. The report shall include, for each such pilot program, the following: "(A) Each laboratory selected for the pilot program. "(B) To the extent practicable, a description of the innovative methods that are to be tested at each laboratory. "(C) The criteria to be used for measuring the success of each method to be tested. "(3) Not later than 90 days after the expiration of the period for the participation of a laboratory in a pilot program referred to in paragraph (2), the Secretary of Defense shall submit to Congress a final report on the participation of that laboratory in the pilot program. The report shall include the following: "(A) A description of the methods tested. "(B) The results of the testing. "(C) The lessons learned. "(D) Any proposal for legislation that the Secretary recommends on the basis of the experience at that laboratory under the pilot program. "(d) Extension of Authority for Other Revitalization Pilot Programs. - (1) [Amended section 246(a)(4) of Pub. L. 105-261, formerly set out as a note below.] "(2) [Amended section 245(a)(4) of Pub. L. 106-65, formerly set out as a note below.] "(e) Partnerships Under Pilot Program. - (1) The Secretary of Defense may authorize one or more laboratories and test centers participating in the pilot program under subsection (a) or in one of the fiscal years 1999 and 2000 revitalization pilot programs to enter into a cooperative arrangement (in this subsection referred to as a 'public-private partnership') with entities in the private sector and institutions of higher education for the performance of work. "(2) A competitive process shall be used for the selection of entities outside the Government to participate in a public-private partnership. "(3)(A) Not more than one public-private partnership may be established as a limited liability company. "(B) An entity participating in a limited liability company as a party to a public-private partnership under the pilot program may contribute funds to the company, accept contributions of funds for the company, and provide materials, services, and use of facilities for research, technology, and infrastructure of the company, if it is determined under regulations prescribed by the Secretary of Defense that doing so will improve the efficiency of the performance of research, test, and evaluation functions of the Department of Defense. "(f) Fiscal Years 1999 and 2000 Revitalization Pilot Programs Defined. - In this section, the term 'fiscal years 1999 and 2000 revitalization pilot programs' means - "(1) the pilot programs authorized by section 246 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1955; [former] 10 U.S.C. 2358 note); and "(2) the pilot programs authorized by section 245 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 552; [former] 10 U.S.C. 2358 note)." Pub. L. 106-65, div. A, title II, Sec. 245, Oct. 5, 1999, 113 Stat. 552, as amended by Pub. L. 107-314, div. A, title II, Sec. 241(d)(2), Dec. 2, 2002, 116 Stat. 2493, authorized the Secretary of Defense to carry out a pilot program for up to five years beginning not later than Mar. 1, 2000, to demonstrate improved efficiency in the performance of research, development, test, and evaluation functions of the Department of Defense, and directed the Secretary to submit to Congress a report on the implementation of the program not later than Mar. 1, 2000, and a final report promptly after the expiration of the period for participation in the program. Pub. L. 105-261, div. A, title II, Sec. 246, Oct. 17, 1998, 112 Stat. 1955, as amended by Pub. L. 107-314, div. A, title II, Sec. 241(d)(1), Dec. 2, 2002, 116 Stat. 2493, authorized the Secretary of Defense to carry out a pilot program for up to six years beginning not later than Mar. 1, 1999, to demonstrate improved cooperative relationships with universities and other private sector entities for the performance of research and development functions, and directed the Secretary to submit a report on the implementation of the program to Congress not later than Mar. 1, 1999, and a final report on participation in the program promptly after the expiration of the period for participation. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH Pub. L. 105-18, title I, Sec. 307, June 12, 1997, 111 Stat. 169, provided that: "For the purposes of implementing the 1997 Defense Experimental Program to Stimulate Competitive Research (DEPSCoR), the term 'State' means a State of the United States, the District of Columbia, Puerto Rico, Guam and the Virgin Islands of the United States, American Samoa and the Commonwealth of the Northern Mariana Islands." Pub. L. 103-337, div. A, title II, Sec. 257, Oct. 5, 1994, 108 Stat. 2705, as amended by Pub. L. 104-106, div. A, title II, Sec. 273, Feb. 10, 1996, 110 Stat. 239; Pub. L. 104-201, div. A, title II, Sec. 264, Sept. 23, 1996, 110 Stat. 2465; Pub. L. 105-85, div. A, title II, Sec. 243, Nov. 18, 1997, 111 Stat. 1667; Pub. L. 106- 65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717; Pub. L. 107-314, div. A, title II, Sec. 247, Dec. 2, 2002, 116 Stat. 2502, provided that: "(a) Program Required. - The Secretary of Defense, acting through the Director of Defense Research and Engineering, shall carry out a Defense Experimental Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. "(b) Program Objectives. - The objectives of the program are as follows: "(1) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is competitive under the peer-review systems used for awarding Federal research assistance. "(2) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. "(c) Program Activities. - In order to achieve the program objectives, the following activities are authorized under the program: "(1) Competitive award of grants for research and instrumentation to support such research. "(2) Competitive award of financial assistance for graduate students. "(3) Any other activities that are determined necessary to further the achievement of the objectives of the program. "(d) Eligible States. - (1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall designate which States are eligible States for the purposes of this section. "(2) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall designate a State as an eligible State if, as determined by the Under Secretary - "(A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1/50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and "(B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs at institutions of higher education in the State. "(e) Coordination With Similar Federal Programs. - (1) The Secretary shall consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and shall coordinate the program with the Experimental Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. "(2) All solicitations under the Defense Experimental Program to Stimulate Competitive Research shall be made to, and all awards shall be made through, the State committees established for purposes of the Experimental Program to Stimulate Competitive Research conducted by the National Science Foundation. "(3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Experimental Program to Stimulate Competitive Research are coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. "(f) State Defined. - In this section, the term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands." DEFENSE LABORATORIES PERSONNEL DEMONSTRATION PROJECTS Pub. L. 103-337, div. A, title III, Sec. 342(b), Oct. 5, 1994, 108 Stat. 2721, as amended by Pub. L. 106-65, div. A, title XI, Sec. 1109, Oct. 5, 1999, 113 Stat. 779; Pub. L. 106-398, Sec. 1 [[div. A], title XI, Sec. 1114], Oct. 30, 2000, 114 Stat. 1654, 1654A-315, provided that: "(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. "(2)(A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. "(B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 [Pub. L. 98-224, 98 Stat. 49] to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. "(3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5, United States Code, shall apply to the demonstration project, except that - "(A) subsection (d) of such section 4703 shall not apply to the demonstration project; "(B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and "(C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703. "(4) The employees of a laboratory covered by a personnel demonstration project carried out under this section [enacting this note] shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Acquisition, Technology, and Logistics. "(5) The limitations in section 5373 of title 5, United States Code, do not apply to the authority of the Secretary under this section to prescribe salary schedules and other related benefits." INCLUSION OF WOMEN AND MINORITIES IN CLINICAL RESEARCH PROJECTS Section 252 of Pub. L. 103-160 provided that: "(a) General Rule. - In conducting or supporting clinical research, the Secretary of Defense shall ensure that - "(1) women who are members of the Armed Forces are included as subjects in each project of such research; and "(2) members of minority groups who are members of the Armed Forces are included as subjects of such research. "(b) Waiver Authority. - The requirement in subsection (a) regarding women and members of minority groups who are members of the Armed Forces may be waived by the Secretary of Defense with respect to a project of clinical research if the Secretary determines that the inclusion, as subjects in the project, of women and members of minority groups, respectively - "(1) is inappropriate with respect to the health of the subjects; "(2) is inappropriate with respect to the purpose of the research; or "(3) is inappropriate under such other circumstances as the Secretary of Defense may designate. "(c) Requirement for Analysis of Research. - In the case of a project of clinical research in which women or members of minority groups will under subsection (a) be included as subjects of the research, the Secretary of Defense shall ensure that the project is designed and carried out so as to provide for a valid analysis of whether the variables being tested in the research affect women or members of minority groups, as the case may be, differently than other persons who are subjects of the research." UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM Section 802 of Pub. L. 103-160, as amended by Pub. L. 104-106, div. A, title II, Sec. 275, Feb. 10, 1996, 110 Stat. 241; Pub. L. 104-201, div. A, title II, Sec. 263, Sept. 23, 1996, 110 Stat. 2465, provided that: "(a) Establishment. - The Secretary of Defense, through the Director of Defense Research and Engineering, may establish a University Research Initiative Support Program. "(b) Purpose. - Under the program, the Director may award grants and contracts to eligible institutions of higher education to support the conduct of research and development relevant to requirements of the Department of Defense. "(c) Eligibility. - An institution of higher education is eligible for a grant or contract under the program if the institution has received less than a total of $2,000,000 in grants and contracts from the Department of Defense in the two most recent fiscal years for which complete statistics are available when proposals are requested for such grant or contract. "(d) Competition Required. - The Director shall use competitive procedures in awarding grants and contracts under the program. "(e) Selection Process. - In awarding grants and contracts under the program, the Director shall use a merit-based selection process that is consistent with the provisions of section 2361(a) of title 10, United States Code. "(f) Regulations. - Not later than 90 days after the date of the enactment of this Act [Nov. 30, 1993], the Director shall prescribe regulations for carrying out the program. "(g) Funding. - Of the amounts authorized to be appropriated under section 201 [107 Stat. 1583], $20,000,000 shall be available for the University Research Initiative Support Program." INDEPENDENT RESEARCH AND DEVELOPMENT; BID AND PROPOSAL COSTS; NEGOTIATION OF ADVANCE AGREEMENTS WITH CONTRACTORS; ANNUAL REPORT TO CONGRESS Pub. L. 91-441, title II, Sec. 203, Oct. 7, 1970, 84 Stat. 906, as amended by Pub. L. 96-342, title II, Sec. 208, Sept. 8, 1980, 94 Stat. 1081, provided that no funds authorized to be appropriated to Department of Defense by this or any other Act were to be used to finance independent research and development or bid and proposal costs unless such work had, in opinion of Secretary of Defense, potential relationship to military functions or operations, and advance agreements regarding payment for such work had been negotiated, prior to repeal by Pub. L. 101-510, div. A, title VIII, Sec. 824(b), Nov. 5, 1990, 104 Stat. 1604. See section 2372 of this title. RELATIONSHIP OF RESEARCH PROJECTS OR STUDIES TO MILITARY FUNCTION OR OPERATION Pub. L. 91-441, title II, Sec. 204, Oct. 7, 1970, 84 Stat. 908, which provided that no funds authorized to be appropriated to the Department of Defense by this or any other Act may be used to finance any research project or study unless such project or study has, in the opinion of the Secretary of Defense, a potential relationship to a military function or operation, was repealed and restated in subsec. (b) of this section by Pub. L. 100-370, Sec. 1(g)(3)(C), (5), July 19, 1988, 102 Stat. 847. HERBICIDES AND DEFOLIATION PROGRAM; COMPREHENSIVE STUDY AND INVESTIGATION; REPORT BY JANUARY 31, 1972; TRANSMITTAL TO PRESIDENT AND CONGRESS BY MARCH 1, 1972 Pub. L. 91-441, title V, Sec. 506(c), Oct. 7, 1970, 84 Stat. 913, directed Secretary of Defense to enter into appropriate arrangements with National Academy of Sciences to conduct a comprehensive study and investigation to determine (A) ecological and physiological dangers inherent in use of herbicides, and (B) ecological and physiological effects of defoliation program carried out by Department of Defense in South Vietnam, with a report on the study to be transmitted to President and Congress by Mar. 1, 1972. CAMPUSES BARRING MILITARY RECRUITERS; CESSATION OF PAYMENTS; NOTIFICATION OF SECRETARY OF DEFENSE Pub. L. 92-436, title VI, Sec. 606, Sept. 29, 1972, 86 Stat. 740, provided that: "(a) No part of the funds appropriated pursuant to this or any other Act for the Department of Defense or any of the Armed Forces may be used at any institution of higher learning if the Secretary of Defense or his designee determines that recruiting personnel of any of the Armed Forces of the United States are being barred by the policy of such institution from the premises of the institution: except in a case where the Secretary of the service concerned certifies to the Congress in writing that a specific course of instruction is not available at any other institution of higher learning and furnishes to the Congress the reasons why such course of instruction is of vital importance to the security of the United States. "(b) The prohibition made by subsection (a) of this section as it applies to research and development funds shall not apply if the Secretary of Defense or his designee determines that the expenditure is a continuation or a renewal of a previous program with such institution which is likely to make a significant contribution to the defense effort. "(c) The Secretaries of the military departments shall furnish to the Secretary of Defense or his designee within 60 days after the date of enactment of this Act [Sept. 29, 1972] and each January 31 and June 30 thereafter the names of any institution of higher learning which the Secretaries determine on such dates are affected by the prohibitions contained in this section." Similar provisions were contained in the following prior authorization acts: Pub. L. 92-156, title V, Sec. 502, Nov. 17, 1971, 85 Stat. 427. Pub. L. 91-441, title V, Sec. 510, Oct. 7, 1970, 84 Stat. 914. FEDERAL CONTRACT RESEARCH CENTERS; OFFICERS' COMPENSATION; NOTIFICATION TO CONGRESS Pub. L. 91-121, title IV, Sec. 407, Nov. 19, 1969, 83 Stat. 208, related to restrictions on use of appropriations for compensation of officers and employees of Federal contract research centers, and notice requirements respecting such payments, prior to repeal by Pub. L. 96-107, title VIII, Sec. 819(c), Nov. 9, 1979, 93 Stat. 819. See section 2359 of this title. -End- -CITE- 10 USC Sec. 2359 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2359. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, test, and evaluation -STATUTE- (a) Policy. - Each official specified in subsection (b) shall ensure that the management and conduct of the science and technology programs under the authority of that official are carried out in a manner that will foster the transition of science and technology to higher levels of research, development, test, and evaluation. (b) Covered Officials. - Subsection (a) applies to the following officials of the Department of Defense: (1) The Under Secretary of Defense for Acquisition, Technology, and Logistics. (2) The Secretary of each military department. (3) The Director of the Defense Advanced Research Projects Agency. (4) The directors and heads of other offices and agencies of the Department of Defense with assigned research, development, test, and evaluation responsibilities. -SOURCE- (Added Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 904(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-225.) -MISC1- PRIOR PROVISIONS A prior section 2359, added Pub. L. 96-107, title VIII, Sec. 819(a)(1), Nov. 9, 1979, 93 Stat. 818, related to reports on salaries of officers of Federal contract research centers, prior to repeal by Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(5), Nov. 5, 1990, 104 Stat. 1671. -End- -CITE- 10 USC Sec. 2359a 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2359a. Technology Transition Initiative -STATUTE- (a) Initiative Required. - The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall carry out an initiative, to be known as the Technology Transition Initiative (hereinafter in this section referred to as the "Initiative"), to facilitate the rapid transition of new technologies from science and technology programs of the Department of Defense into acquisition programs of the Department for the production of such technologies. (b) Objectives. - The objectives of the Initiative are as follows: (1) To accelerate the introduction of new technologies into operational capabilities for the armed forces. (2) To successfully demonstrate new technologies in relevant environments. (c) Management of Initiative. - (1) The Under Secretary shall designate a senior official of the Department of Defense (hereinafter in this section referred to as the "Manager") to manage the Initiative. (2) In managing the Initiative, the Manager shall - (A) report directly to the Under Secretary; and (B) obtain advice and other assistance from the Technology Transition Council established under subsection (g). (3) The Manager shall - (A) in consultation with the Technology Transition Council established under subsection (g), identify promising technology transition projects that can contribute to meeting Department of Defense technology goals and requirements; (B) identify potential sponsors in the Department of Defense to manage such projects; and (C) provide funds under subsection (f) for those projects that are selected under subsection (d)(2). (d) Selection of Projects. - (1) The science and technology and acquisition executives of each military department and each appropriate Defense Agency and the commanders of the unified and specified combatant commands may nominate technology transition projects for implementation under subsection (e) and shall submit a list of the projects so nominated to the Manager. (2) The Manager, in consultation with the Technology Transition Council established under subsection (g), shall select projects for implementation under subsection (e) from among the projects on the lists submitted under paragraph (1). (e) Implementation of Projects. - For each project selected under subsection (d)(2), the Manager shall designate a military department or Defense Agency to implement the project. (f) Funding of Projects. - (1) From funds made available to the Manager for the Initiative, the Manager shall, subject to paragraphs (2) and (3), provide funds for each project selected under subsection (d)(2) in an amount determined by mutual agreement between the Manager and the acquisition executive of the military department or Defense Agency concerned. (2) The amount of funds provided to a project under paragraph (1) shall be not less than the amount equal to 50 percent of the total cost of the project. (3) A project shall not be provided funds under this subsection for more than four fiscal years. (g) Technology Transition Council. - (1) There is a Technology Transition Council in the Department of Defense. The Council is composed of the following members: (A) The science and technology executive of each military department and each Defense Agency. (B) The acquisition executive of each military department. (C) The members of the Joint Requirements Oversight Council. (2) The duty of the Council shall be to support the Under Secretary of Defense for Acquisition, Technology, and Logistics in developing policies to facilitate the rapid transition of technologies from science and technology programs into acquisition programs of the Department of Defense. (3) The Council shall meet not less often than semiannually to carry out its duty under paragraph (2). (h) Report. - Not later than March 31 of each year, the Under Secretary shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report on the activities carried out by the Initiative during the preceding fiscal year. (i) Definition. - In this section, the term "acquisition executive", with respect to a military department or Defense Agency, means the official designated as the senior procurement executive for that military department or Defense Agency for the purposes of section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c)). -SOURCE- (Added Pub. L. 107-314, div. A, title II, Sec. 242(a)(1), Dec. 2, 2002, 116 Stat. 2494; amended Pub. L. 109-163, div. A, title II, Sec. 255(a), Jan. 6, 2006, 119 Stat. 3180; Pub. L. 109-364, div. A, title X, Sec. 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398.) -MISC1- AMENDMENTS 2006 - Subsec. (g)(2). Pub. L. 109-163 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The duty of the Council shall be to provide advice and assistance to the Manager under this section." Subsec. (i). Pub. L. 109-364 substituted "section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))" for "section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))". -End- -CITE- 10 USC Sec. 2359b 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2359b. Defense Acquisition Challenge Program -STATUTE- (a) Program Required. - (1) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall carry out a program to provide opportunities for the increased introduction of innovative and cost-saving technology in acquisition programs of the Department of Defense. (2) The program, to be known as the Defense Acquisition Challenge Program (hereinafter in this section referred to as the "Challenge Program"), shall provide any person or activity within or outside the Department of Defense with the opportunity to propose alternatives, to be known as challenge proposals, at the component, subsystem, or system level of an existing Department of Defense acquisition program that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program. (b) Panels. - The Under Secretary shall establish one or more panels of highly qualified scientists and engineers (hereinafter in this section referred to as "Panels") to provide preliminary evaluations of challenge proposals under subsection (c). (c) Preliminary Evaluation by Panels. - (1) Under procedures prescribed by the Under Secretary, a person or activity within or outside the Department of Defense may submit challenge proposals to a Panel, through the unsolicited proposal process or in response to a broad agency announcement. (2) The Under Secretary shall establish procedures pursuant to which appropriate officials of the Department of Defense may identify proposals submitted through the unsolicited proposal process as challenge proposals. The procedures shall provide for the expeditious referral of such proposals to a Panel for preliminary evaluation under this subsection. (3) The Under Secretary shall issue on an annual basis not less than one such broad agency announcement inviting interested parties to submit challenge proposals. Such announcements may also identify particular technology areas and acquisition programs that will be given priority in the evaluation of challenge proposals. (4)(A) The Under Secretary shall establish procedures for the prompt issuance of a solicitation for challenge proposals addressing - (i) any acquisition program for which, since the last such announcement, the Secretary concerned has determined under section 2433(d) of this title that the program's acquisition unit cost or procurement unit cost has increased by a percentage equal to or greater than the critical cost growth threshold for the program (in this section referred to as a "critical cost growth threshold breach"); and (ii) any design, engineering, manufacturing, or technology integration issues, in accordance with the assessment required by section 2433(e)(2)(A) of this title, that have contributed significantly to the cost growth of such program. (B) A solicitation under this paragraph may be included in a broad agency announcement issued pursuant to paragraph (3) as long as the broad agency announcement is released in an expeditious manner following the determination of the Secretary concerned that a critical cost growth threshold breach has occurred with respect to a major defense acquisition program. (5) Under procedures established by the Under Secretary, a Panel shall carry out a preliminary evaluation of each challenge proposal submitted in response to a broad agency announcement, or submitted through the unsolicited proposal process and identified as a challenge proposal in accordance with paragraph (2), to determine each of the following: (A) Whether the challenge proposal has merit. (B) Whether the challenge proposal is likely to result in improvements in performance, affordability, manufacturability, or operational capability at the component, subsystem, or system level of an acquisition program. (C) Whether the challenge proposal could be implemented in the acquisition program rapidly, at an acceptable cost, and without unacceptable disruption to the acquisition program. (6) The Under Secretary - (A) may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been previously reviewed and found not to have merit; and (B) may establish procedures to ensure that the Challenge Program establishes appropriate priorities for proposals from businesses that are not major contractors with the Department of Defense. (7) If a Panel determines that a challenge proposal satisfies each of the criteria specified in paragraph (5), the person or activity submitting that challenge proposal shall be provided an opportunity to submit such challenge proposal for a full review and evaluation under subsection (d). (d) Full Review and Evaluation. - (1) Under procedures prescribed by the Under Secretary, for each challenge proposal submitted for a full review and evaluation as provided in subsection (c)(7), the office carrying out the acquisition program to which the proposal relates shall, in consultation with the prime system contractor carrying out such program, conduct a full review and evaluation of the proposal. (2) The full review and evaluation shall, independent of the determination of a Panel under subsection (c)(5), determine each of the matters specified in subparagraphs (A), (B), and (C) of such subsection. The full review and evaluation shall also include - (A) an assessment of the cost of adopting the challenge proposal and implementing it in the acquisition program; and (B) consideration of any intellectual property issues associated with the challenge proposal. (e) Action Upon Favorable Full Review and Evaluation. - (1) Under procedures prescribed by the Under Secretary, each challenge proposal determined under a full review and evaluation to satisfy each of the criteria specified in subsection (c)(5) with respect to an acquisition program shall be considered by the office carrying out the applicable acquisition program and the prime system contractor for incorporation into the acquisition program as a new technology insertion at the component, subsystem, or system level. (2) The Under Secretary shall encourage the adoption of each challenge proposal referred to in paragraph (1) by providing suitable incentives to the office carrying out the acquisition program and the prime system contractor carrying out such program. (3) In the case of a challenge proposal submitted in response to a solicitation issued as a result of a critical cost growth threshold breach that is determined under full review and evaluation to satisfy each of the criteria specified in subsection (c)(5), the Under Secretary shall establish guidelines for covering the costs of the challenge proposal. If appropriate, such guidelines shall not be restricted to funding provided by the Defense Acquisition Challenge Program, but shall also consider alternative funding sources, such as the acquisition program with respect to which the breach occurred. (f) Action Upon Unfavorable Full Review and Evaluation. - Under procedures prescribed by the Under Secretary, if a challenge proposal is determined by a Panel to satisfy each of the criteria specified in subsection (c)(5), but is not determined under a full review and evaluation to satisfy such criteria, the following provisions apply: (1) The office carrying out the full review and evaluation shall provide to the Panel that conducted the preliminary evaluation a statement containing a summary of the rationale for the unfavorable evaluation. (2) If the Panel disagrees with the rationale provided under paragraph (1), the Panel may return the challenge proposal to the office for further consideration. (g) Access to Technical Resources. - (1) Under procedures established by the Under Secretary, the technical resources of the laboratories, research, development, and engineering centers, test and evaluation activities, and other elements of the Department may be called upon to support the activities of the Challenge Program. (2) Funds available to carry out this program may be used to compensate such laboratories, centers, activities, and elements for technical assistance provided to a Panel pursuant to paragraph (1). (h) Conflicts of Interest and Confidentiality. - In carrying out each preliminary evaluation under subsection (c) and full review under subsection (d), the Under Secretary shall ensure the elimination of conflicts of interest and that the identity of any person or activity submitting a challenge proposal is not disclosed outside the Federal Government, prior to contract award, without the consent of the person or activity. For purposes of the proceeding sentence, the term "Federal Government" includes both employees of the Federal Government and employees of Federal Government contractors providing advisory and assistance services as described in part 37 of the Federal Acquisition Regulation. (i) Limitation on Use of Funds. - Funds made available for the Challenge Program may be used only for activities authorized by this section, and not for implementation of challenge proposals. (j) Annual Report. - The Under Secretary shall submit an annual report on the Challenge Program to Congress. The report shall be submitted at the same time as the President submits the budget for a fiscal year to Congress under section 1105(a) of title 31, and shall cover the conduct of the Challenge Program for the preceding fiscal year. The report shall include the number and scope of challenge proposals submitted, preliminarily evaluated, subjected to full review and evaluation, and adopted. The report shall also include a list of each challenge proposal that was determined by a Panel to satisfy each of the criteria specified in subsection (c)(5), but was not determined under a full review and evaluation to satisfy such criteria, together with a detailed rationale for the Department's determination that such criteria were not satisfied. (k) Termination of Authority. - The Secretary may not carry out the Challenge Program under this section after September 30, 2012. -SOURCE- (Added Pub. L. 107-314, div. A, title II, Sec. 243(a), Dec. 2, 2002, 116 Stat. 2495; amended Pub. L. 109-364, div. A, title II, Sec. 213(b), (d)-(g), Oct. 17, 2006, 120 Stat. 2121-2123.) -MISC1- AMENDMENTS 2006 - Subsec. (c)(4), (5). Pub. L. 109-364, Sec. 213(b)(1), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6). Subsec. (c)(6). Pub. L. 109-364, Sec. 213(b)(1)(A), (d), redesignated par. (5) as (6) and amended it generally. Prior to amendment, par. (6) read as follows: "The Under Secretary may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been previously reviewed and found not to have merit." Former par. (6) redesignated (7). Subsec. (c)(7). Pub. L. 109-364, Sec. 213(b)(1)(A), (g)(1), redesignated par. (6) as (7) and substituted "paragraph (5)" for "paragraph (4)". Subsec. (d)(1). Pub. L. 109-364, Sec. 213(g)(2), substituted "subsection (c)(7)" for "subsection (c)(6)". Subsec. (d)(2). Pub. L. 109-364, Sec. 213(g)(3), substituted "subsection (c)(5)" for "subsection (c)(4)" in introductory provisions. Subsec. (e)(1). Pub. L. 109-364, Sec. 213(g)(4), substituted "subsection (c)(5)" for "subsection (c)(4)". Subsec. (e)(3). Pub. L. 109-364, Sec. 213(b)(2), added par. (3). Subsecs. (f), (g). Pub. L. 109-364, Sec. 213(b)(3), added subsec. (f) and redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 109-364, Sec. 213(b)(3)(A), (e), redesignated subsec. (g) as (h), substituted "Conflicts of Interest and Confidentiality" for "Elimination of Conflicts of Interest" in heading, substituted "conflicts of interest and that the identity of any person or activity submitting a challenge proposal is not disclosed outside the Federal Government, prior to contract award, without the consent of the person or activity" for "conflicts of interest", and inserted at end "For purposes of the proceeding sentence, the term 'Federal Government' includes both employees of the Federal Government and employees of Federal Government contractors providing advisory and assistance services as described in part 37 of the Federal Acquisition Regulation." Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 109-364, Sec. 213(b)(3)(A), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 109-364, Sec. 213(b)(3)(A), (4), redesignated subsec. (i) as (j) and substituted "The report shall also include a list of each challenge proposal that was determined by a Panel to satisfy each of the criteria specified in subsection (c)(5), but was not determined under a full review and evaluation to satisfy such criteria, together with a detailed rationale for the Department's determination that such criteria were not satisfied" for "No report is required for a fiscal year in which the Challenge Program is not carried out". Former subsec. (j) redesignated (k). Subsec. (k). Pub. L. 109-364, Sec. 213(b)(3)(A), (f), redesignated subsec. (j) as (k) and substituted "2012" for "2007". -End- -CITE- 10 USC Sec. 2360 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2360. Research and development laboratories: contracts for services of university students -STATUTE- (a) Subject to the availability of appropriations for such purpose, the Secretary of Defense may procure by contract under the authority of this section the temporary or intermittent services of students at institutions of higher learning for the purpose of providing technical support at defense research and development laboratories. Such contracts may be made directly with such students or with nonprofit organizations employing such students. (b) Students providing services pursuant to a contract made under subsection (a) shall be considered to be employees for the purposes of chapter 81 of title 5, relating to compensation for work injuries, and to be employees of the government for the purposes of chapter 171 of title 28, relating to tort claims. Such students who are not otherwise employed by the Federal Government shall not be considered to be Federal employees for any other purpose. (c) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall include definitions for the purposes of this section of the terms "student", "institution of higher learning", and "nonprofit organization". -SOURCE- (Added Pub. L. 97-86, title VI, Sec. 603(a), Dec. 1, 1981, 95 Stat. 1110.) -End- -CITE- 10 USC Sec. 2361 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2361. Award of grants and contracts to colleges and universities: requirement of competition -STATUTE- (a) The Secretary of Defense may not make a grant or award a contract to a college or university for the performance of research and development, or for the construction of any research or other facility, unless - (1) in the case of a grant, the grant is made using competitive procedures; and (2) in the case of a contract, the contract is awarded in accordance with section 2304 of this title (other than pursuant to subsection (c)(5) of that section). (b)(1) A provision of law may not be construed as modifying or superseding the provisions of subsection (a), or as requiring funds to be made available by the Secretary of Defense to a particular college or university by grant or contract, unless that provision of law - (A) specifically refers to this section; (B) specifically states that such provision of law modifies or supersedes the provisions of this section; and (C) specifically identifies the particular college or university involved and states that the grant to be made or the contract to be awarded, as the case may be, pursuant to such provision of law is being made or awarded in contravention of subsection (a). (2) A grant may not be made, or a contract awarded, pursuant to a provision of law that authorizes or requires the making of the grant, or the awarding of the contract, in a manner that is inconsistent with subsection (a) until - (A) the Secretary of Defense submits to Congress a notice in writing of the intent to make the grant or award the contract; and (B) a period of 180 days has elapsed after the date on which the notice is received by Congress. -SOURCE- (Added Pub. L. 100-456, div. A, title II, Sec. 220(a), Sept. 29, 1988, 102 Stat. 1940; amended Pub. L. 101-189, div. A, title II, Sec. 252(a), (b)(1), (c)(1), Nov. 29, 1989, 103 Stat. 1404, 1405; Pub. L. 101-510, div. A, title XIII, Sec. 1311(4), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 103-35, title II, Sec. 201(g)(5), May 31, 1993, 107 Stat. 100; Pub. L. 103-160, div. A, title VIII, Sec. 821(b), Nov. 30, 1993, 107 Stat. 1704; Pub. L. 103-337, div. A, title VIII, Sec. 813, Oct. 5, 1994, 108 Stat. 2816; Pub. L. 104- 106, div. A, title II, Sec. 264, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 237, 502; Pub. L. 104-201, div. A, title II, Sec. 265, Sept. 23, 1996, 110 Stat. 2466.) -MISC1- PRIOR PROVISIONS A prior section 2361 was renumbered section 2351 of this title. AMENDMENTS 1996 - Subsec. (c). Pub. L. 104-201 struck out subsec. (c) which read as follows: "(1) The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such report shall include - "(A) a list of each college and university that, during the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and "(B) the cumulative amount of such contracts received during that period by each such college and university. "(2) Each report under paragraph (1) shall cover the preceding fiscal year and shall be submitted not later than February 1 of the fiscal year after the fiscal year covered by the report." Subsec. (c)(1). Pub. L. 104-106, Sec. 1502(a)(1), substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives". Subsec. (c)(2). Pub. L. 104-106, Sec. 264, substituted "preceding fiscal year" for "preceding calendar year" and "the fiscal year after the fiscal year" for "the year after the year". 1994 - Subsec. (c). Pub. L. 103-337 added subsec. (c). 1993 - Subsec. (b)(2). Pub. L. 103-35 substituted "inconsistent" for "inconsisent". Subsec. (c). Pub. L. 103-160 struck out subsec. (c) which read as follows: "(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such report shall include - "(A) a list of each college and university that, during the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and "(B) the cumulative amount of such contracts received during that period by each such college and university. "(2) The reports under paragraph (1) shall cover the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report. "(3) A report is not required under paragraph (1) for any period beginning after December 31, 1993." 1990 - Subsec. (c)(1). Pub. L. 101-510, Sec. 1311(4)(A), substituted "an annual report" for "a semiannual report" in introductory provisions. Subsec. (c)(2). Pub. L. 101-510, Sec. 1311(4)(B), substituted "the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report" for "the six-month periods ending on June 30 and December 31 of each year. Each such report shall be submitted within 30 days after the end of the period covered by the report". 1989 - Subsec. (a). Pub. L. 101-189, Sec. 252(a), substituted "unless - " for "unless" and pars. (1) and (2) for "the grant or contract is made or awarded using competitive procedures." Subsec. (b). Pub. L. 101-189, Sec. 252(b)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "A provision of law enacted after the date of the enactment of this section may not be construed as modifying or superseding the provisions of subsection (a) unless that provision of law specifically refers to this section and specifically states that such provision of law modifies or supersedes the provisions of this section." Subsec. (c). Pub. L. 101-189, Sec. 252(c)(1), added subsec. (c). EFFECTIVE DATE OF 1993 AMENDMENT Section 821(b) of Pub. L. 103-160 provided that the amendment made by that section is effective Feb. 1, 1994. EFFECTIVE DATE OF 1989 AMENDMENT Section 252(b)(2) of Pub. L. 101-189 provided that: "Subsection (b) of section 2361 of title 10, United States Code, as amended by paragraph (1), applies with respect to any provision of law enacted after September 30, 1989." EFFECTIVE DATE Section 220(c) of Pub. L. 100-456 provided that: "The limitation specified in section 2361(a) of title 10, United States Code (as added by subsection (a)), on the authority of the Secretary of Defense to make grants and award contracts shall take effect on October 1, 1989." INITIAL REPORT ON USE OF COMPETITIVE PROCEDURES IN AWARDING CONTRACTS Section 252(c)(2) of Pub. L. 101-189 required that first report under subsec. (c) of this section cover last six months of 1989 and be submitted not later than Feb. 1, 1990. -End- -CITE- 10 USC Sec. 2362 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2362. Repealed. -MISC1- [Sec. 2362. Repealed. Pub. L. 103-160, div. A, title VIII, Sec. 821(a)(3), Nov. 30, 1993, 107 Stat. 1704]. Section, added Pub. L. 99-145, title I, Sec. 123(a)(1), Nov. 8, 1985, 99 Stat. 599; amended Pub. L. 99-433, title I, Sec. 110(g)(4), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284, related to testing requirements for wheeled or tracked armored vehicles. -End- -CITE- 10 USC Sec. 2363 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2363. Repealed. -MISC1- [Sec. 2363. Repealed. Pub. L. 102-484, div. D, title XLII, Secs. 4224(c), 4271(a)(2), Oct. 23, 1992, 106 Stat. 2683, 2695]. Section, added Pub. L. 99-145, title XIV, Sec. 1457(a), Nov. 8, 1985, 99 Stat. 762, related to encouragement of technology transfer. See section 2514 of this title. -End- -CITE- 10 USC Sec. 2364 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 139 - RESEARCH AND DEVELOPMENT -HEAD- Sec. 2364. Coordination and communication of defense research activities -STATUTE- (a) Coordination of Department of Defense Technological Data. - The Secretary of Defense shall promote, monitor, and evaluate programs for the communication and exchange of technological data - (1) among the Defense research facilities, combatant commands, and other organizations that are involved in developing for the Department of Defense the technological requirements for new items for use by combat forces; and (2) among Defense research facilities and other offices, agencies, and bureaus in the Department that are engaged in related technological matters. (b) Functions of Defense Research Facilities. - The Secretary of Defense shall ensure, to the maximum extent practicable - (1) that Defense research facilities are assigned broad mission requirements rather than specific hardware needs; (2) that appropriate personnel of such facilities are assigned to serve as consultants on component and support system standardization; (3) that the managers of such facilities have broad latitude to choose research and development projects; (4) that technology position papers prepared by Defense research facilities are readily available to all combatant commands and to contractors who submit bids or proposals for Department of Defense contracts; and (5) that, in order to promote increased consideration of technological issues early in the development process, any position paper prepared by a Defense research facility on a technological issue relating to a major weapon system, and any technological assessment made by such facility in the case of such component, is made a part of the records considered for the purpose of making acquisition program decisions. (c) Definitions. - In this section: (1) The term "Defense research facility" means a Department of Defense facility which performs or contracts for the performance of - (A) basic research; or (B) applied research known as exploratory development. (2) The term "acquisition program decision" has the meaning prescribed by the Secretary of Defense in reg