§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
Hypersonics Development
"(a)
"(b)
"(c)
"(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)
"(1)
"(2)
"(3)
"(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)
"(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)
"(1)
"(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)
"(3)
"(f)
Collaborative Program for Research and Development of Vacuum Electronics Technologies
"(a)
"(b)
"(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)
"(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
"(a)
"(b)
"(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)
"(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)
"(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
"(a)
"(b)
"(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)
"(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 (
"(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)
"(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)
"(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)
"(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)."
"(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
"(a)
"(b)
"(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)
"(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)
"(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)
"(f)
Defense Nanotechnology Research and Development Program
"(a)
"(b)
"(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)
"(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)
"(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
"(a)
"(b)
"(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)
"(d)
"(e)
[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
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 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)
"(c)
"(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)
"(2) [Amended section 245(a)(4) of
"(e)
"(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)
"(1) the pilot programs authorized by section 246 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (
"(2) the pilot programs authorized by section 245 of the National Defense Authorization Act for Fiscal Year 2000 (
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 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)
"(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