§2358. Research and development projects
(a)
(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)
(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)
(d)
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2358 | 5:171c(b)(2), (3). | July 26, 1947, ch. 343, §203(b)(2), (3); added Aug. 6, 1958,
|
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
Amendments
1996-Subsec. (d).
1994-
1993-
"(a)
"(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)
1988-
1981-Par. (1).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Pilot Programs for Revitalizing Laboratories and Test and Evaluation Centers of Department of Defense
"(a)
"(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 ensure that the laboratories selected can attract a workforce appropriately balanced between permanent and temporary personnel and among workers with an appropriate level of skills and experience and that those laboratories can effectively compete in hiring to obtain the finest scientific talent.
"(B) To develop or expand innovative methods of operation that provide more defense research for each dollar of cost, including carrying out initiatives such as focusing on the performance of core functions and adopting more business-like practices.
"(C) 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) and (B).
"(3) In selecting the laboratories for participation in the pilot program, the Secretary shall consider laboratories where innovative management techniques have been demonstrated, particularly as documented under sections 1115 through 1119 of title 31, United States Code, relating to Government agency performance and results.
"(4) The Secretary may carry out the pilot program at each selected laboratory for a period of three years beginning not later than March 1, 2000.
"(b)
"(A) Each laboratory selected for the pilot program.
"(B) To the extent possible, a description of the innovative concepts that are to be tested at each laboratory.
"(C) The criteria to be used for measuring the success of each concept to be tested.
"(2) Promptly after the expiration of the period for participation of a laboratory in the pilot program, 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 concepts 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."
"(a)
"(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 center, of each military department with authority for the following:
"(A) To explore innovative methods for quickly, efficiently, and fairly entering into cooperative relationships with universities and other private sector entities with respect to the performance of research and development functions.
"(B) To waive any restrictions on the demonstration and implementation of such methods that are not required by law.
"(C) To develop or expand innovative methods of operation that provide more defense research for each dollar of cost, including to carry out such initiatives as focusing on the performance of core functions and adopting more business-like practices.
"(3) In selecting the laboratories and centers for participation in the pilot program, the Secretary shall consider laboratories and centers where innovative management techniques have been demonstrated, particularly as documented under sections 1115 through 1119 of title 31, United States Code, relating to Government agency performance and results.
"(4) The Secretary may carry out the pilot program at each selected laboratory and center for a period of three years beginning not later than March 1, 1999.
"(b)
"(A) Each laboratory and center selected for the pilot program.
"(B) To the extent possible, a description of the innovative concepts that are to be tested at each laboratory or center.
"(C) The criteria to be used for measuring the success of each concept to be tested.
"(2) Promptly after the expiration of the period for participation of a laboratory or center in the pilot program, the Secretary of Defense shall submit to Congress a final report on the participation of the laboratory or center in the pilot program. The report shall contain the following:
"(A) A description of the concepts 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 the laboratory or center under the pilot program.
"(c)
Defense Experimental Program To Stimulate Competitive Research
"(a)
"(b)
"(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)
"(1) Competitive award of research grants.
"(2) Competitive award of financial assistance for graduate students.
"(d)
"(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)
"(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)
Defense Laboratories Personnel Demonstration Projects
"(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 [
"(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
"(a)
"(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)
"(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)
University Research Initiative Support Program
Section 802 of
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
Independent Research and Development; Bid and Proposal Costs; Negotiation of Advance Agreements With Contractors; Annual Report to Congress
Relationship of Research Projects or Studies to Military Function or Operation
Herbicides and Defoliation Program; Comprehensive Study and Investigation; Report by January 31, 1972; Transmittal to President and Congress by March 1, 1972
Campuses Barring Military Recruiters; Cessation of Payments; Notification of Secretary of Defense
"(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:
Federal Contract Research Centers; Officers' Compensation; Notification to Congress
Section Referred to in Other Sections
This section is referred to in section 2371 of this title.