(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;
(4) by mutual agreement with the head of any other department or agency of the Federal Government;
(5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or 2371b of this title; or
(6) by purchases through procurement for experimental purposes pursuant to section 2373 of this title.
(c)
(d)
| 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, Pub. L. 85–599, §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, §204, Oct. 7, 1970, 84 Stat. 908.
Amendments
2017—Subsec. (b)(5), (6). Pub. L. 115–91 added pars. (5) and (6).
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)
"(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—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 2302 of this title.
Change of Name
Pub. L. 115–91, div. A, title II, §214(a), Dec. 12, 2017, 131 Stat. 1325, provided that: "The joint technology office on hypersonics in the Office of the Secretary of Defense is redesignated as the 'Joint Hypersonics Transition Office'. Any reference in a law (other than this section), map, regulation, document, paper, or other record of the United States to the joint technology office on hypersonics shall be deemed to be a reference to the Joint Hypersonics Transition Office."
Direct Air Capture and Blue Carbon Removal Technology Program
Pub. L. 116–92, div. A, title II, §223, Dec. 20, 2019, 133 Stat. 1264, provided that:
"(a)
"(1)
"(2)
"(A) To develop technologies that capture carbon dioxide from seawater and the air to turn such carbon dioxide into clean fuels to enhance fuel and energy security.
"(B) To develop and demonstrate technologies that capture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses.
"(C) To develop direct air capture technologies for use—
"(i) at military installations or facilities of the Department of Defense; or
"(ii) in modes of transportation by the Navy or the Coast Guard.
"(3)
"(A) The first phase shall consist of research and development and shall be carried out as described in subsection (b).
"(B) The second phase shall consist of testing and evaluation and shall be carried out as described in subsection (c), if the Secretary determines that the results of the research and development phase justify implementing the testing and evaluation phase.
"(4)
"(b)
"(1)
"(2)
"(A) at military installations or facilities of the Department of Defense; or
"(B) in modes of transportation by the Navy or the Coast Guard.
"(3)
"(4)
"(5)
"(c)
"(1)
"(2)
"(A) at military installations or facilities of the Department of Defense; or
"(B) in modes of transportation by the Navy or the Coast Guard.
"(3)
"(4)
"(5)
"(6)
"(d)
"(1) The term 'blue carbon capture' means the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, or phase change systems.
"(2)(A) The term 'direct air capture', with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
"(B) The term 'direct air capture' does not include any facility, technology, or system that captures carbon dioxide—
"(i) that is deliberately released from a naturally occurring subsurface spring; or
"(ii) using natural photosynthesis.
"(3) The term 'eligible laboratory' means—
"(A) a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
"(B) a science and technology reinvention laboratory designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note);
"(C) the Major Range and Test Facility Base (as defined in section 2358a(f) of title 10, United States Code); or
"(D) any other facility that supports the research, development, test, and evaluation activities of the Department of Defense or the Department of Energy."
Research Program on Foreign Malign Influence Operations
Pub. L. 116–92, div. A, title II, §228, Dec. 20, 2019, 133 Stat. 1271, provided that:
"(a)
"(b)
"(1) Enhance the understanding of foreign malign influence operations, including activities conducted on social media platforms.
"(2) Facilitate the analysis of publicly available or voluntarily provided indicators of foreign malign influence operations.
"(3) Promote collaborative research and information exchange with relevant entities within the Department of Defense and with other agencies or nongovernmental organizations relating to foreign malign influence operations, as appropriate.
"(c)
"(1) a detailed description of the program and any related research activities;
"(2) the estimated cost and duration of the program; and
"(3) any other matters the Secretary determines to be relevant."
Diversification of the Research and Engineering Workforce of the Department of Defense
Pub. L. 116–92, div. A, title II, §229, Dec. 20, 2019, 133 Stat. 1271, provided that:
"(a)
"(1)
"(2)
"(A) The percentage of women and minorities employed in the research and engineering workforce of the Department of Defense as of the date of the assessment.
"(B) Of the individuals hired into the research and engineering workforce of the Department in the five years preceding the date of the assessment, the percentage of such individuals who are women and minorities.
"(C) The effectiveness of existing hiring, recruitment, and retention incentives for women and minorities in the research and engineering workforce of the Department.
"(D) The effectiveness of the Department in recruiting women and minorities into the laboratory workforce after such individuals complete work on Department-funded research, projects, grant projects, fellowships, and STEM programs.
"(E) The geographical diversity of the workforce across various geographic regions.
"(b)
"(1)
"(2)
"(A) align with science and technology strategy priorities of the Department of Defense, including the emerging and future warfighter technology requirements identified by the Department;
"(B) except as provided in subsection (c)(2), set forth steps for the implementation of each recommendation included in the 2013 report of the RAND corporation titled 'First Steps Toward Improving DoD STEM Workforce Diversity';
"(C) harness the full range of the Department's STEM programs and other Department sponsored programs to develop and attract top talent;
"(D) use existing authorities to attract and retain students, academics, and other talent;
"(E) establish and use contracts, agreements, or other arrangements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including historically black colleges and universities and other minority-serving institutions (as described in section 371(a) of such Act (20 U.S.C. 1067q(a)) to enable easy and efficient access to research and researchers for Government sponsored basic and applied research and studies at each institution, including contracts, agreements, and other authorized arrangements such as those authorized under—
"(i) section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note); and
"(ii) such other authorities as the Secretary determines to be appropriate; and
"(F) include recommendations for changes in authorities, regulations, policies, or any other relevant areas that would support the achievement of the goals set forth in the plan.
"(3)
"(A) the plan developed under paragraph (1); and
"(B) with respect to each recommendation described in paragraph (2)(B) that the Secretary has implemented or expects to implement—
"(i) a summary of actions that have been taken to implement the recommendation; and
"(ii) a schedule, with specific milestones, for completing the implementation of the recommendation.
"(c)
"(1)
"(2)
"(A)
"(B)
"(i) a specific justification for the decision not to implement the recommendation; and
"(ii) a summary of the alternative actions the Secretary plans to take to address the issues underlying the recommendation.
"(d)
Process To Align Policy Formulation and Emerging Technology Development
Pub. L. 116–92, div. A, title II, §232, Dec. 20, 2019, 133 Stat. 1277, provided that:
"(a)
"(b)
"(1) specify the role of each covered official in ensuring that the formulation of policies relating to emerging technology is carried out concurrently with the development of such technology; and
"(2) incorporate procedures for the continuous legal review of—
"(A) weapons and other defense systems that incorporate or use emerging technology; and
"(B) treaties that may be affected by such technology.
"(c)
"(d)
"(1) The term 'covered official' means the following:
"(A) The Chairman of the Joint Chiefs of Staff.
"(B) The Under Secretary of Defense for Research and Engineering.
"(C) The Under Secretary of Defense for Acquisition and Sustainment.
"(D) The Under Secretary of Defense for Policy.
"(E) The commanders of combatant commands with responsibilities involving the use of weapons or other defense systems that incorporate or use emerging technology, as determined by the Secretary of Defense.
"(F) The Secretaries of the military departments.
"(2) The term 'emerging technology' means technology determined to be in an emerging phase of development by the Secretary of Defense, including quantum computing, technology for the analysis of large and diverse sets of data (commonly known as 'big data analytics'), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, biotechnology, and such other technology as may be identified by the Secretary."
Infrastructure To Support Research, Development, Test, and Evaluation Missions
Pub. L. 116–92, div. A, title II, §252, Dec. 20, 2019, 133 Stat. 1285, provided that:
"(a)
"(b)
"(1) A summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department—
"(A) to meet current and future military requirements identified in the National Defense Strategy;
"(B) to support science and technology development and acquisition programs; and
"(C) to recruit and train qualified personnel.
"(2) A summary of existing and emerging military research, development, test, and evaluation mission areas, by location, that require modernization investments in the infrastructure—
"(A) to improve operations in a manner that may benefit all users;
"(B) to enhance the overall capabilities of the research, development, test, and evaluation infrastructure, including facilities and resources;
"(C) to improve safety for personnel and facilities; and
"(D) to reduce the long-term cost of operation and maintenance.
"(3) Identification of specific infrastructure projects that are required to address the infrastructure deficiencies identified under paragraph (1) or to support the existing and emerging mission areas identified under paragraph (2).
"(4) For each project identified under paragraph (3)—
"(A) a description of the scope of work;
"(B) a cost estimate;
"(C) a summary of the plan for the project;
"(D) an explanation of the level of priority that will be given to the project; and
"(E) a schedule of required infrastructure investments.
"(5) A description of how the Department, including each military department concerned, will carry out the infrastructure projects identified in paragraph (3) using the range of authorities and methods available to the Department, including—
"(A) military construction authority under section 2802 of title 10, United States Code;
"(B) unspecified minor military construction authority under section 2805(a) of such title;
"(C) laboratory revitalization authority under section 2805(d) of such title;
"(D) the authority to carry out facility repair projects, including the conversion of existing facilities, under section 2811 of such title;
"(E) the authority provided under the Defense Laboratory Modernization Pilot Program under section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2358 note);
"(F) methods that leverage funding from entities outside the Department, including public-private partnerships, enhanced use leases and real property exchanges;
"(G) the authority to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation, under section 2681 of title 10, United States Code; and
"(H) any other authorities and methods determined to be appropriate by the Secretary of Defense.
"(6) Identification of any regulatory or policy barriers to the effective and efficient implementation of the master plan.
"(c)
"(1) consult with existing and anticipated customers and users of the capabilities of the Major Range and Test Facility Base and science and technology reinvention laboratories;
"(2) ensure consistency with the science and technology roadmaps and strategies of the Department of Defense and the Armed Forces; and
"(3) ensure consistency with the strategic plan for test and evaluation resources required by section 196(d) of title 10, United States Code.
"(d)
"(e)
"(1) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note));
"(2) the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and
"(3) other facilities that support the research development, test, and evaluation activities of the Department."
Procedures for Rapid Reaction to Emerging Technology
Pub. L. 115–232, div. A, title II, §225, Aug. 13, 2018, 132 Stat. 1684, provided that:
"(a)
"(1) urgently needed—
"(A) to react to a technological development of an adversary of the United States; or
"(B) to respond to a significant and urgent emerging technology; and
"(2) not receiving appropriate research funding or attention from the Department of Defense.
"(b)
"(1) A process for streamlined communications between the Under Secretary, the Joint Chiefs of Staff, the commanders of the combatant commands, the science and technology executives within each military department, and the science and technology community, including—
"(A) a process for the commanders of the combatant commands and the Joint Chiefs of Staff to communicate their needs to the science and technology community; and
"(B) a process for the science and technology community to propose technologies that meet the needs communicated by the combatant commands and the Joint Chiefs of Staff.
"(2) Procedures for the development of technologies proposed pursuant to paragraph (1)(B), including—
"(A) a process for demonstrating performance of the proposed technologies on a short timeline;
"(B) a process for developing a development strategy for a technology, including integration into future budget years; and
"(C) a process for making investment determinations based on information obtained pursuant to subparagraphs (A) and (B).
"(c)
Human Factors Modeling and Simulation Activities
Pub. L. 115–232, div. A, title II, §227, Aug. 13, 2018, 132 Stat. 1687, provided that:
"(a)
"(1) Provide warfighters and civilians with personalized assessment, education, and training tools.
"(2) Identify and implement effective ways to interface and team warfighters with machines.
"(3) Result in the use of intelligent, adaptive augmentation to enhance decision making.
"(4) Result in the development of techniques, technologies, and practices to mitigate critical stressors that impede warfighter and civilian protection, sustainment, and performance.
"(b)
"(c)
"(1) Elements of the Department of Defense engaged in science and technology activities.
"(2) Program Executive Offices of the Department.
"(3) Academia.
"(4) The private sector.
"(5) Such other participants as the Secretary considers appropriate."
National Security Innovation Activities
Pub. L. 115–232, div. A, title II, §230, Aug. 13, 2018, 132 Stat. 1689, provided that:
"(a)
"(b)
"(1) Informing and encouraging private investment in specific hardware technologies of interest to future defense technology needs with unique national security applications.
"(2) Funding research and technology development in hardware-intensive capabilities that private industry has not sufficiently supported to meet rapidly emerging defense and national security needs.
"(3) Contributing to the development of policies, policy implementation, and actions to deter strategic acquisition of industrial and technical capabilities in the private sector by foreign entities that could potentially exclude companies from participating in the Department of Defense technology and industrial base.
"(4) Identifying promising emerging technology in industry and academia for the Department of Defense for potential support or research and development cooperation.
"(c)
"(1)
"(2)
"(d)
"(e)
"(1)
"(2)
"(A) A description of the additional authorities needed to carry out the activities set forth in subsection (b).
"(B) Plans for transfers under subsection (c), including plans for private fund-matching and investment mechanisms, oversight, treatment of rights relating to technical data developed, and relevant dates and goals of such transfers.
"(C) Plans for attracting the participation of the commercial technology industry and academia and how those plans fit into the current Department of Defense research and engineering enterprise.
"(f)
"(1) Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) [10 U.S.C. 2505 note], relating to a pilot program on strengthening manufacturing in the defense industrial base.
"(2) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.
"(3) Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships.
"(4) Section 2374a of such title, relating to prizes for advanced technology achievements.
"(5) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
"(6) Section 2521 of such title, relating to the Manufacturing Technology Program.
"(7) Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States.
"(8) Chapter 47 of such title, relating to personnel research programs and demonstration projects.
"(9) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.
"(10) Such other authorities as the Under Secretary considers appropriate.
"(g)
"(h)
Defense Quantum Information Science and Technology Research and Development Program
Pub. L. 115–232, div. A, title II, §234, Aug. 13, 2018, 132 Stat. 1692, as amended by Pub. L. 116–92, div. A, title II, §220, Dec. 20, 2019, 133 Stat. 1260, provided that:
"(a)
"(b)
"(1) To ensure global superiority of the United States in quantum information science necessary for meeting national security requirements.
"(2) To coordinate all quantum information science and technology research and development within the Department of Defense and to provide for interagency cooperation and collaboration on quantum information science and technology research and development between the Department of Defense and other departments and agencies of the United States and appropriate private sector and international entities that are involved in quantum information science and technology research and development.
"(3) To develop and manage a portfolio of fundamental and applied quantum information science and technology 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 quantum information science and technology 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 quantum information science and technology research and development.
"(6) To establish and support appropriate research, innovation, and industrial base, including facilities, workforce, and infrastructure, to support the needs of Department of Defense missions and systems related to quantum information science and technology.
"(c)
"(1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including—
"(A) optimization of analysis of national security data sets;
"(B) development of defense related quantum computing algorithms;
"(C) design of new materials and molecular functions;
"(D) secure communications and cryptography, including development of quantum communications protocols;
"(E) quantum sensing and metrology;
"(F) development of mathematics relating to quantum enhancements to sensing, communications, and computing; and
"(G) processing and manufacturing of low-cost, robust, and reliable quantum information science and technology-enabled devices and systems;
"(2) develop a coordinated and integrated research and investment plan for meeting the near-, mid-, and long-term challenges with definitive milestones while achieving the specific technical goals that builds upon the Department's increased investment in quantum information science and technology research and development, commercial sector and global investments, and other United States Government investments in the quantum information sciences, including through consultation with—
"(A) the National Quantum Coordination Office;
"(B) the subcommittee on Quantum Information Science of the National Science and Technology Council;
"(C) other organizations and elements of the Department of Defense;
"(D) other Federal agencies; and
"(E) appropriate private sector organizations;
"(3) in consultation with the entities listed in paragraph (2), develop plans for—
"(A) the development of the quantum information science and technology workforce;
"(B) enhancing awareness of quantum information science and technology;
"(C) reducing the risk of cybersecurity threats posed by quantum information science technology; and
"(D) development of ethical guidelines for the use of quantum information science technology;
"(4) in consultation with the National Institute of Standards and Technology and other appropriate Federal entities, develop a quantum information science taxonomy and standards and requirements for quantum information technology;
"(5) support efforts to increase the technology readiness level of quantum information science technologies under development in the United States;
"(6) not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], develop and continuously update guidance, including classification and data management plans for defense-related quantum information science and technology activities, and policies for control of personnel participating on such activities to minimize the effects of loss of intellectual property in basic and applied quantum information science and information considered sensitive to the leadership of the United States in the field of quantum information science and technology; and
"(7) develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for carrying out the program under subsection (a).
"(d)
"(e)
"(1)
"(2)
"(A) A description of the knowledge-base of the Department with respect to quantum information sciences, plans to defend against quantum based attacks, and any plans of the Secretary to enhance such knowledge-base.
"(B) A plan that describes how the Secretary intends to use quantum information sciences for military applications and to meet other needs of the Department, including a discussion of likely impacts of quantum information science and technology on military capabilities.
"(C) An assessment of the efforts of foreign powers to use quantum information sciences for military applications and other purposes.
"(D) A description of the activities carried out in accordance with this section, including, for each such activity—
"(i) a roadmap for the activity;
"(ii) a summary of the funding provided for the activity; and
"(iii) an estimated timeline for the development and military deployment of quantum technologies supported through the activity.
"(E) A description of the efforts of the Department of Defense to update classification and cybersecurity practices relating to quantum technology, including—
"(i) security processes and requirements for engagement with allied countries; and
"(ii) a plan for security-cleared government and contractor workforce development.
"(F) Such other matters as the Secretary considers appropriate."
Joint Artificial Intelligence Research, Development, and Transition Activities
Pub. L. 115–232, div. A, title II, §238, Aug. 13, 2018, 132 Stat. 1695, as amended by Pub. L. 116–92, div. A, title II, §221, Dec. 20, 2019, 133 Stat. 1261, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(1)
"(A) A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities.
"(B) The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed both inside the Department and in other organizations for military missions and business operations.
"(2)
"(A) use the flexibility of regulations, personnel, acquisition, partnerships with industry and academia, or other relevant policies of the Department to accelerate the development and fielding of artificial intelligence capabilities;
"(B) ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions;
"(C) provide technical advice and support to entities in the Department and the military departments to optimize the use of artificial intelligence and machine learning technologies to meet Department missions;
"(D) support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Department and technical feasibility;
"(E) develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial intelligence;
"(F) ensure that the Department has appropriate workforce and capabilities at laboratories, test ranges, and within the organic defense industrial base to support the artificial intelligence capabilities and requirements of the Department;
"(G) develop classification guidance for all artificial intelligence related activities of the Department;
"(H) work with appropriate officials to develop appropriate ethical, legal, and other policies for the Department governing the development and use of artificial intelligence enabled systems and technologies in operational situations; and
"(I) ensure—
"(i) that artificial intelligence programs of each military department and of the Defense Agencies are consistent with the priorities identified under this section;
"(ii) appropriate coordination of artificial intelligence activities of the Department with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in standards setting bodies; and
"(iii) that appropriate entities in the Department are reviewing all open source publications from both the United States and outside the United States that contribute to, affect, or advance—
"(I) artificial intelligence research and development; or
"(II) the understanding of the Secretary concerning the investments by adversaries of the United States in artificial intelligence and the development by such adversaries of capabilities relating to artificial intelligence.
"(3)
"(A) to integrate the functional activities of the organizations and elements of the Department with respect to artificial intelligence and machine learning;
"(B) to ensure there are efficient and effective artificial intelligence and machine learning capabilities throughout the Department; and
"(C) to develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence and machine learning throughout the Department.
"(d)
"(e)
"(1)
"(A) complete a study on past and current advances in artificial intelligence and the future of the discipline, including the methods and means necessary to advance the development of the discipline, to comprehensively address the national security needs and requirements of the Department; and
"(B) submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the findings of the designated official with respect to the study completed under subparagraph (A).
"(2)
"(3)
"(A) A comprehensive and national-level review of—
"(i) advances in artificial intelligence, machine learning, and associated technologies relevant to the needs of the Department and the Armed Forces; and
"(ii) the competitiveness of the Department in artificial intelligence, machine learning, and such technologies.
"(B) Near-term actionable recommendations to the Secretary for the Department to secure and maintain technical advantage in artificial intelligence, including ways—
"(i) to more effectively organize the Department for artificial intelligence;
"(ii) to educate, recruit, and retain leading talent; and
"(iii) to most effectively leverage investments in basic and advanced research and commercial progress in these technologies.
"(C) Recommendations on the establishment of Departmentwide data standards and the provision of incentives for the sharing of open training data, including those relevant for research into systems that integrate artificial intelligence and machine learning with human teams.
"(D) Recommendations for engagement by the Department with relevant agencies that will be involved with artificial intelligence in the future.
"(E) Recommendations for legislative action relating to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively fund and organize the Department.
"(f)
"(g)
"(1) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
"(2) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
"(3) An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
"(4) A set of techniques, including machine learning, that is designed to approximate a cognitive task.
"(5) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting."
Initiative To Support Protection of National Security Academic Researchers From Undue Influence and Other Security Threats
Pub. L. 115–232, div. A, title XII, §1286, Aug. 13, 2018, 132 Stat. 2078, as amended by Pub. L. 116–92, div. A, title XII, §1281, Dec. 20, 2019, 133 Stat. 1704, provided that:
"(a)
"(1) to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security;
"(2) to limit undue influence, including through foreign talent programs, by countries to exploit United States technology within the Department of Defense research, science and technology, and innovation enterprise; and
"(3) to support efforts toward development of domestic talent in relevant scientific and engineering fields.
"(b)
"(1)
"(2)
"(c)
"(1) Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise.
"(2) Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies, and other support to institutions of higher education, to promote security and limit undue influence on institutions of higher education and personnel, including Department of Defense financial support to carry out such activities, that—
"(A) emphasizes best practices for protection of sensitive national security information; and
"(B) includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education, including specific counterintelligence information and advice developed specifically for faculty and academic researchers based on actual identified threats.
"(3) The capacity of government and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs.
"(4) Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against foreign intelligence services.
"(5) Regulations and procedures—
"(A) for government and academic organizations and personnel to support the goals of the initiative; and
"(B) that are consistent with policies that protect open and scientific exchange in fundamental research.
"(6) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs.
"(7) Initiatives to support the transition of the results of institution of higher education research programs into defense capabilities.
"(8) A list, developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations, of academic institutions of the People's Republic of China, the Russian Federation, and other countries, that—
"(A) have a history of improper technology transfer, intellectual property theft, or cyber or human espionage;
"(B) operate under the direction of the military forces or intelligence agency of the applicable country;
"(C) are known—
"(i) to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts; or
"(ii) to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; or
"(D) pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available.
"(d)
"(1)
"(2)
"(3)
"(e)
"(1)
"(2)
"(A) A description of the activities conducted and the progress made under the initiative.
"(B) The findings of the Secretary with respect to the initiative.
"(C) Such recommendations as the Secretary may have for legislative or administrative action relating to the matters described in subsection (a), including actions related to foreign talent programs.
"(D) Identification and discussion of the gaps in legal authorities that need to be improve [sic] to enhance the security of research institutions of higher education performing defense research.
"(E) A description of the actions taken by such institutions to comply with such best practices and guidelines as may be established by under the initiative.
"(F) Identification of any incident relating to undue influence to security threats to academic research activities funded by the Department of Defense, including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education.
"(3)
"(f)
Mechanisms for Expedited Access to Technical Talent and Expertise at Academic Institutions To Support Department of Defense Missions
Pub. L. 115–91, div. A, title II, §217, Dec. 12, 2017, 131 Stat. 1328, as amended by Pub. L. 115–232, div. A, title II, §§228, 236, Aug. 13, 2018, 132 Stat. 1687, 1694; Pub. L. 116–92, div. A, title II, §218, Dec. 20, 2019, 133 Stat. 1259, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(1) selection of participants in the arrangement or arrangements;
"(2) the awarding of task orders under the arrangement or arrangements;
"(3) maximum award size for tasks under the arrangement or arrangements;
"(4) the appropriate use of competitive awards and sole source awards under the arrangement or arrangements; and
"(5) technical areas under the arrangement or arrangements.
"(e)
"(1) Cybersecurity.
"(2) Air and ground vehicles.
"(3) Shipbuilding.
"(4) Explosives detection and defeat.
"(5) Undersea warfare.
"(6) Trusted electronics.
"(7) Unmanned systems.
"(8) Directed energy.
"(9) Energy, power, and propulsion.
"(10) Management science and operations research.
"(11) Artificial intelligence.
"(12) Data analytics.
"(13) Business systems.
"(14) Technology transfer and transition.
"(15) Biological engineering and genetic enhancement.
"(16) High performance computing.
"(17) Materials science and engineering.
"(18) Quantum information sciences.
"(19) Special operations activities.
"(20) Modeling and simulation.
"(21) Autonomous systems.
"(22) Model based engineering.
"(23) Space.
"(24) Infrastructure resilience.
"(25) Photonics.
"(26) Autonomy.
"(27) Rapid prototyping.
"(28) Infrastructure resilience.
"(29) Hypersonics.
"(30) Such other areas as the Secretary considers appropriate.
"(f)
"(g)
Laboratory Quality Enhancement Program
Pub. L. 114–328, div. A, title II, §211, Dec. 23, 2016, 130 Stat. 2046, as amended by Pub. L. 115–91, div. A, title II, §218(a), (b)(1), Dec. 12, 2017, 131 Stat. 1329, 1330, provided that:
"(a)
"(1) to review and make recommendations to the Secretary with respect to—
"(A) existing policies and practices affecting the science and technology reinvention laboratories to improve the mission effectiveness of such laboratories;
"(B) new initiatives proposed by the science and technology reinvention laboratories; and
"(C) new interpretations of existing statutes and regulations that would enhance the ability of a director of a science and technology reinvention laboratory to manage the facility and discharge the mission of the laboratory;
"(2) to support implementation of current and future initiatives affecting the science and technology reinvention laboratories; and
"(3) to conduct assessments or data analysis on such other issues as the Secretary determines to be appropriate.
"(b)
"(1) A panel on personnel, workforce development, and talent management.
"(2) A panel on facilities, equipment, and infrastructure.
"(3) A panel on research strategy, technology transfer, and industry and university partnerships.
"(4) A panel on governance and oversight processes.
"(c)
"(A) laboratories and research centers of the Army, Navy, and Air Force;
"(B) appropriate Defense Agencies;
"(C) the Office of the Under Secretary of Defense for Research and Engineering; and
"(D) such other entities as the Secretary determines to be appropriate.
"(2) The panel described in subsection (b)(4) shall be composed of—
"(A) the Director of the Army Research Laboratory;
"(B) the Director of the Air Force Research Laboratory;
"(C) the Director of the Naval Research Laboratory;
"(D) the Director of the Engineer Research and Development Center of the Army Corps of Engineers; and
"(E) such other members as the Secretary determines to be appropriate.
"(d)
"(2) Each panel, in coordination with the Under Secretary of Defense for Research and Engineering, shall transmit to the Science and Technology Executive Committee of the Department of Defense such information or findings on topics requiring decision or approval as the panel considers appropriate.
"(3)(A) Each panel described in paragraph (1), (2), or (3) of subsection (b) shall submit to the panel described in paragraph (4) of such subsection (relating to governance and oversight processes) the following:
"(i) The findings of the panel with respect to the review conducted by the panel under subsection (a)(1)(C).
"(ii) The recommendations made by the panel under such subsection.
"(iii) Such comments, findings, and recommendations as the panel may have received by a science and technology reinvention laboratory with respect to—
"(I) the review conducted by the panel under such subsection; or
"(II) recommendations made by the panel under such subsection.
"(B)(i) The panel described in subsection (b)(4) shall review and refashion such recommendations as the panel may receive under subparagraph (A).
"(ii) In reviewing and refashioning recommendations under clause (i), the panel may, as the panel considers appropriate, consult with the science and technology executive of the affected service.
"(C) The panel described in subsection (b)(4) shall submit to the Under Secretary of Defense for Research and Engineering the recommendations made by the panel under subsection (a)(1)(C) and the recommendations refashioned by the panel under subparagraph (B) of this paragraph.
"(e)
"(2) In interpreting or defining under paragraph (1), the Under Secretary shall, to the degree practicable, emphasize providing the maximum operational flexibility to the directors of the science and technology reinvention laboratories to discharge the missions of their laboratories.
"(3) In interpreting or defining under paragraph (1), the Under Secretary shall, to the extent practicable, consult and coordinate with the secretaries of the military departments and such other agencies or entities as the Under Secretary considers relevant, on any proposed revision to regulations under paragraph (1).
"(4) In interpreting or defining under paragraph (1), the Under Secretary shall seek recommendations from the panel described in subsection (b)(4).
"(f)
"(g)
Pilot Program for the Enhancement of the Research, Development, Test, and Evaluation Centers of the Department of Defense
Pub. L. 114–328, div. A, title II, §233, Dec. 23, 2016, 130 Stat. 2061, as amended by Pub. L. 115–91, div. A, title II, §235, title X, §1081(d)(2), Dec. 12, 2017, 131 Stat. 1341, 1600; Pub. L. 116–92, div. A, title XVII, §1731(d), Dec. 20, 2019, 133 Stat. 1816, provided that:
"(a)
"(1)
"(2)
"(A) the science and technology reinvention laboratories, as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 [Pub. L. 111–84] (10 U.S.C. 2358 note [set out below]);
"(B) the test and evaluation centers which are activities specified as part of the Major Range and Test Facility Base in Department of Defense Directive 3200.11; and
"(C) the Defense Advanced Research Projects Agency.
"(b)
"(1)
"(A) the Defense Advanced Research Projects Agency; and
"(B) in accordance with paragraph (2)—
"(i) five additional eligible centers described in subparagraph (A) of subsection (a)(2) from each of the military departments; and
"(ii) five additional eligible centers described in subparagraph (B) of such subsection from each of the military departments.
"(2)
"(B) Not later than 120 days after the date of such submittal, each appropriate reviewer shall—
"(i) evaluate each application received under subparagraph (A); and
"(ii) approve or disapprove of the application.
"(C) If the head of an eligible center submits an application under subparagraph (A) in accordance with the requirements specified by the appropriate reviewer for purposes of such subparagraph and the appropriate reviewer neither approves nor disapproves such application pursuant to subparagraph (B)(ii) on or before the date that is 120 days after the date of such submittal, such eligible center shall be considered a participant in the pilot program.
"(D) For purposes of this paragraph, the appropriate reviewer is—
"(i) in the case of an eligible center described in subparagraph (A) of subsection (a)(2), the Laboratory Quality Enhancement Program; and
"(ii) in the case of an eligible center described in subparagraph (B) of such subsection, the Director of the Test Resource Management Center.
"(c)
"(1)
"(A) generate greater value and efficiencies in research and development activities;
"(B) enable more efficient and effective operations of supporting activities, such as—
"(i) facility management, construction, and repair;
"(ii) business operations;
"(iii) personnel management policies and practices; and
"(iv) intramural and public outreach; and
"(C) enable more rapid deployment of warfighter capabilities.
"(2)
"(B) The Director of the Defense Advanced Research Projects Agency shall implement each method proposed under paragraph (1) unless such method is disapproved in writing by the Chief Management Officer within 60 days of receiving a proposal from the Director.
"(C) In this paragraph, the term 'Assistant Secretary concerned' means—
"(i) the Assistant Secretary of the Air Force for Acquisition [now Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics], with respect to matters concerning the Air Force;
"(ii) the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, with respect to matters concerning the Army; and
"(iii) the Assistant Secretary of the Navy for Research, Development, and Acquisition, with respect to matters concerning the Navy.
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) Identification of the eligible centers participating in the pilot program.
"(B) Identification of the eligible centers whose applications to participate in the pilot program were disapproved under subsection (b), including justifications for such disapprovals.
"(C) A description of the methods implemented pursuant to subsection (c).
"(D) A description of the methods that were proposed pursuant to paragraph (1) of subsection (c) but disapproved under paragraph (2) of such subsection.
"(E) An assessment of how methods implemented pursuant to subsection (c) have contributed to the objectives identified in subparagraphs (A), (B), and (C) of paragraph (1) of such subsection."
[Pub. L. 116–92, div. A, title XVII, §1731(d), Dec. 20, 2019, 133 Stat. 1816, which directed amendment of section 233(c)(2)(C)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 114–328) by striking "Assistant Secretary of the Army for Acquisition, Technology, and Logistics" and inserting "Assistant Secretary of the Army for Acquisition, Logistics, and Technology", was executed to section 233(c)(2)(C)(ii) of the National Defense Authorization Act for Fiscal Year 2017, set out above, to reflect the probable intent of Congress. Section 1731(d) provided that the amendments made to section 233(c)(2)(C)(ii) are effective as of Dec. 23, 2016, and as if included in section 233 as enacted.]
Pilot Program on Enhanced Interaction Between the Defense Advanced Research Projects Agency and the Service Academies
Pub. L. 114–328, div. A, title II, §236, Dec. 23, 2016, 130 Stat. 2066, provided that:
"(a)
"(b)
"(2) It shall be the responsibility of the Director to ensure that such funds are used effectively and that sufficient efforts are made to build appropriate partnerships.
"(c) Service Academy Technology Transition Networks.—In carrying out the pilot program, the Director shall prioritize the leveraging of—
"(1) the technology transition networks that service academies maintain among their academic departments and resident research centers; and
"(2) partnerships with Department of Defense laboratories, other Federal degree granting institutions, academia, and industry.
"(d)
"(e)
"(1) The United States Military Academy.
"(2) The United States Naval Academy.
"(3) Th[e] United States Air Force Academy.
"(4) The United States Coast Guard Academy.
"(5) The United States Merchant Marine Academy."
Mission Integration Management
Pub. L. 114–328, div. A, title VIII, §855, Dec. 23, 2016, 130 Stat. 2297, directed the Secretary of Defense to establish mission integration management activities for certain mission areas that involve multiple Armed Forces and multiple programs and to submit to the congressional defense committees, at the same time the fiscal year 2018 budget is submitted to Congress, a strategy for mission integration management.
Pilot Program on Enhanced Pay Authority for Certain Research and Technology Positions in the Science and Technology Reinvention Laboratories of the Department of Defense
Pub. L. 114–328, div. A, title XI, §1124, Dec. 23, 2016, 130 Stat. 2456, provided that:
"(a)
"(b)
"(c)
"(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and
"(2) are critical to the successful accomplishment of an important research or technology development mission.
"(d)
"(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Service Acquisition Executive concerned.
"(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of the military department concerned.
"(e)
"(1)
"(2)
"(3)
"(f)
"(1)
"(2)
"(g)
Plan for Advanced Weapons Technology War Games
Pub. L. 114–92, div. A, title II, §240, Nov. 25, 2015, 129 Stat. 784, directed the Secretary of Defense to develop, in coordination with the Chairman of the Joint Chiefs of Staff, a plan for integrating advanced weapons and offset technologies into exercises carried out by the military to improve the development and experimentation of various concepts for employment by the Armed Forces and to submit to the Committees on Armed Services of the House of Representatives and the Senate, not later than one year after Nov. 25, 2015, a report on the plan and its implementation.
Information Operations and Engagement Technology Demonstrations
Pub. L. 114–92, div. A, title X, §1056, Nov. 25, 2015, 129 Stat. 984, provided that:
"(a)
"(1) military information support operations are a critical component of the efforts of the Department of Defense to provide commanders with capabilities to shape the operational environment;
"(2) military information support operations are integral to armed conflict and therefore the Secretary of Defense has broad latitude to conduct military information support operations;
"(3) the Secretary of Defense should develop creative and agile concepts, technologies, and strategies across all available media to most effectively reach target audiences, to counter and degrade the ability of adversaries and potential adversaries to persuade, inspire, and recruit inside areas of hostilities or in other areas in direct support of the objectives of commanders; and
"(4) the Secretary of Defense should request additional funds in future budgets to carry out military information support operations to support the broader efforts of the Government to counter violent extremism.
"(b)
"(c)
"(1) A general timeline for conducting the technology demonstrations.
"(2) Clearly defined goals and endstate objectives for the demonstrations, including traceability of such goals to the tactical, operational, or strategic requirements of the combatant commanders.
"(3) A process for measuring the performance and effectiveness of the demonstrations.
"(4) A coordination structure to include participation between the technology development and the operational communities, including potentially joint, interagency, intergovernmental, and multinational partners.
"(5) The identification of potential technologies to support the tactical, operational, or strategic needs of the combatant commanders.
"(6) An explanation of how such technologies will support and coordinate with elements of joint, interagency, intergovernmental, and multinational partners.
"(d)
"(e)
"(f)
Pilot Program on Dynamic Shaping of the Workforce To Improve the Technical Skills and Expertise at Certain Department of Defense Laboratories
Pub. L. 114–92, div. A, title XI, §1109, Nov. 25, 2015, 129 Stat. 1028, as amended by Pub. L. 115–232, div. A, title XI, §1112(b), Aug. 13, 2018, 132 Stat. 2012, provided that:
"(a)
"(1) To meet organizational and Department-designated missions in the most cost-effective and efficient manner.
"(2) To upgrade and enhance the scientific quality of the workforces of such laboratories.
"(3) To shape such workforces to better respond to such missions.
"(4) To reduce the average unit cost of such workforces.
"(b)
"(1)
"(A)
"(i) Appointment of qualified scientific and technical personnel who are not current Department of Defense civilian employees into any scientific or technical position in the laboratory for a period of more than one year but not more than six years.
"(ii) Appointment of qualified scientific and technical personnel who are Department civilian employees in term appointments into any scientific or technical position in the laboratory for a period of more than one year but not more than six years.
"(B)
"(C)
"(D)
"(i) the current term of appointment of the individual under this paragraph; divided by
"(ii) the average length of tenure of a career employee at the laboratory, as calculated at the end of the last fiscal year ending before the date of the most recent appointment or extension of the individual under this paragraph.
"(2)
"(3)
"(4)
"(A) employees so separated voluntarily from service under regulations prescribed by the Secretary of Defense for purposes of the pilot program; and
"(B) payments to employees so separated authorized under section 3523 of such title without regard to—
"(i) the plan otherwise required by section 3522 of such title; and
"(ii) paragraph (1) or (3) of section 3523(b) of such title.
"(c)
"(d)
"(1)
"(2)
Defense Laboratory Modernization Pilot Program
Pub. L. 114–92, div. B, title XXVIII, §2803, Nov. 25, 2015, 129 Stat. 1169, as amended by Pub. L. 114–328, div. B, title XXVIII, §2806, Dec. 23, 2016, 130 Stat. 2715; Pub. L. 115–232, div. B, title XXVIII, §2808(a)–(c), Aug. 13, 2018, 132 Stat. 2265, 2266, provided that:
"(a)
"(1) A Department of Defense Science and Technology Reinvention Laboratory (as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note)[)].
"(2) A Department of Defense Federally Funded Research and Development Center that functions primarily as a research laboratory.
"(3) A Department of Defense facility in support of a technology development program that is consistent with the fielding of offset technologies as described in section 218 of this Act [set out as a note under section 2501 of this title].
"(4) A Department of Defense research, development, test, and evaluation facility that is not designated as a Science and Technology Reinvention Laboratory, but nonetheless is involved with developmental test and evaluation.
"(b)
"(1) surveys, site preparation, and advanced planning and design;
"(2) acquisition, conversion, rehabilitation, and installation of facilities;
"(3) acquisition and installation of equipment and appurtenances integral to the project; acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; and
"(4) planning, supervision, administration, and overhead expenses incident to the project.
"(c)
"(1)
"(2)
"(d)
"(1) will support research and development activities at laboratories described in subsection (a);
"(2) will establish facilities that will have significant potential for use by entities outside the Department of Defense, including universities, industrial partners, and other Federal agencies;
"(3) are endorsed for funding by more than one military department or Defense Agency; and
"(4) cannot be fully funded within the thresholds specified in section 2805 of title 10, United States Code.
"(e)
"(f)
"(1)
"(2)
"(g)
[Pub. L. 115–232, div. B, title XXVIII, §2808(d), Aug. 13, 2018, 132 Stat. 2266, provided that: "The amendments made by this section [amending section 2803 of Pub. L. 114–92, set out above] shall take effect as if included in the enactment of section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note)."]
Pilot Program on Assignment to Defense Advanced Research Projects Agency of Private Sector Personnel With Critical Research and Development Expertise
Pub. L. 113–291, div. A, title II, §232, Dec. 19, 2014, 128 Stat. 3332, as amended by Pub. L. 115–91, div. A, title X, §1051(t)(1), Dec. 12, 2017, 131 Stat. 1566, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) Except as provided in subparagraph (B), the Director may, under the pilot program, assign a covered individual described in subsection (a) to lead research and development projects of the Agency for a period of not more than two years.
"(B) The Director may extend the assignment of a covered individual for one additional period of not more than two years as the Director considers appropriate.
"(3)
"(A) Except as otherwise provided in this section, the Director shall carry out the pilot program in accordance with the provisions of subchapter VI of chapter 33 of title 5, United States Code, except that, for purposes of the pilot program, the term 'other organization', as used in such subchapter, shall be deemed to include a covered entity.
"(B) A covered individual employed by a covered entity who is assigned to the Agency under the pilot program is deemed to be an employee of the Department of Defense for purposes of the following provisions of law:
"(i) Chapter 73 of title 5, United States Code.
"(ii) Sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code.
"(iii) Sections 1343, 1344, and 1349(b) of title 31, United States Code.
"(iv) Chapter 171 of title 28, United States Code (commonly known as the 'Federal Tort Claims Act'), and any other Federal tort liability statute.
"(v) The Ethics in Government Act of 1978 (5 U.S.C. App.).
"(vi) Section 1043 of the Internal Revenue Code of 1986 [26 U.S.C. 1043].
"(vii) Chapter 21 of title 41, United States Code.
"(4)
"(A) may continue to receive pay and benefits from such covered entity with or without reimbursement by the Agency;
"(B) is not entitled to pay from the Agency; and
"(C) shall be subject to supervision by the Director in all duties performed for the Agency under the pilot program.
"(c)
"(1)
"(2)
"(A) The nondisclosure of any trade secrets or other nonpublic or proprietary information which is of commercial value to the covered entity from which such covered individual is assigned.
"(B) The assignment of rights to intellectual property developed in the course of any research or development project under the pilot program—
"(i) to the Agency and its contracting partners in accordance with applicable provisions of law regarding intellectual property rights; and
"(ii) not to the covered individual or the covered entity from which such covered individual is assigned.
"(C) Such additional measures as the Director considers necessary to carry out the program in accordance with Federal law.
"(d)
"(e)
"(f)
"(1) The term 'covered individual' means any individual who is employed by a covered entity.
"(2) The term 'covered entity' means any non-Federal, nongovernmental entity that, as of the date on which a covered individual employed by the entity is assigned to the Agency under the pilot program, is a nontraditional defense contractor (as defined in section 2302 of title 10, United States Code)."
Temporary Authorities for Certain Positions at Department of Defense Research and Engineering Facilities
Pub. L. 113–66, div. A, title XI, §1107, Dec. 26, 2013, 127 Stat. 887, as amended by Pub. L. 113–291, div. A, title XI, §1105, Dec. 19, 2014, 128 Stat. 3526; Pub. L. 114–92, div. A, title XI, §1104, Nov. 25, 2015, 129 Stat. 1023, authorized director of any Science and Technology Reinvention Laboratory, until Dec. 31, 2019, to appoint qualified candidates possessing a bachelor's degree or enrolled in undergraduate or graduate scientific, technical, engineering or mathematical programs or to appoint qualified veteran candidates to certain laboratory positions, prior to repeal by Pub. L. 114–328, div. A, title XI, §1122(b), Dec. 23, 2016, 130 Stat. 2455. See section 2358a of this title.
Regional Advanced Technology Clusters
Pub. L. 112–239, div. A, title II, §252, Jan. 2, 2013, 126 Stat. 1688, authorized the Secretary of Defense to use the research and engineering network of the Department of Defense to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development of innovative advanced technologies to address national security and homeland defense challenges and directed the Under Secretary of Defense for Acquisition, Technology, and Logistics to submit a report to Congress, not later than 180 days after Jan. 2, 2013, on the participation of the Department of Defense in the regional advanced technology clusters.
Advanced Rotorcraft Flight Research and Development
Pub. L. 112–81, div. A, title II, §222, Dec. 31, 2011, 125 Stat. 1336, as amended by Pub. L. 114–328, div. A, title VIII, §833(b)(2)(C)(iii), Dec. 23, 2016, 130 Stat. 2284; Pub. L. 115–91, div. A, title X, §1081(d)(6)(B), Dec. 12, 2017, 131 Stat. 1600, authorized the Secretary of the Army to conduct a program for flight research and demonstration of advanced rotorcraft technology and directed the Secretary to use competitive procedures in accordance with section 2304 of this title in awarding contracts under the program.
Program for Research, Development, and Deployment of Advanced Ground Vehicles, Ground Vehicle Systems, and Components
Pub. L. 111–383, div. A, title II, §214, Jan. 7, 2011, 124 Stat. 4164, provided for a program for research and development on, and deployment of, advanced technology ground vehicles, ground vehicle systems, and components within the Department of Defense.
Pilot Program To Include Technology Protection Features During Research and Development of Defense Systems
Pub. L. 111–383, div. A, title II, §243, Jan. 7, 2011, 124 Stat. 4178, as amended by Pub. L. 112–81, div. A, title II, §252, Dec. 31, 2011, 125 Stat. 1347; Pub. L. 113–66, div. A, title II, §264, Dec. 26, 2013, 127 Stat. 726; Pub. L. 113–291, div. A, title II, §231, Dec. 19, 2014, 128 Stat. 3332; Pub. L. 115–91, div. A, title X, §1051(p)(2), Dec. 12, 2017, 131 Stat. 1564, which related to a pilot program to develop and incorporate technology protection features during the research and development phase of a system, was repealed by Pub. L. 115–232, div. A, title II, §223(c), Aug. 13, 2018, 132 Stat. 1683. See section 2357 of this title.
Program To Assess the Utility of Non-Lethal Weapons
Pub. L. 111–383, div. A, title X, §1078, Jan. 7, 2011, 124 Stat. 4380, directed the Secretary of Defense to carry out a program to demonstrate and assess the utility and effectiveness of non-lethal weapons, including non-lethal weapons designed for counter-personal and counter-material missions, to provide escalation of force options in counter-insurgency operations and directed the Secretary of Defense to submit a report to the congressional defense committees no later than Oct. 1, 2011.
Mechanisms To Provide Funds for Defense Laboratories for Research and Development of Technologies for Military Missions
Pub. L. 110–417, [div. A], title II, §219, Oct. 14, 2008, 122 Stat. 4389, as amended by Pub. L. 111–84, div. B, title XXVIII, §2801(c), Oct. 28, 2009, 123 Stat. 2660; Pub. L. 112–81, div. A, title II, §253, Dec. 31, 2011, 125 Stat. 1347; Pub. L. 113–66, div. A, title II, §262(a), (b), Dec. 26, 2013, 127 Stat. 725, 726; Pub. L. 114–328, div. A, title II, §212, Dec. 23, 2016, 130 Stat. 2047, which related to funding mechanisms, availability of funds for infrastructure projects, and annual reports, was repealed by Pub. L. 115–91, div. A, title II, §220(c)(1), Dec. 12, 2017, 131 Stat. 1333.
Science and Technology Investment Strategy To Defeat or Counter Improvised Explosive Devices
Pub. L. 110–417, [div. A], title XV, §1504, Oct. 14, 2008, 122 Stat. 4650, as amended by Pub. L. 112–81, div. A, title X, §1062(b), Dec. 31, 2011, 125 Stat. 1585; Pub. L. 112–239, div. A, title X, §1076(c)(2)(D), Jan. 2, 2013, 126 Stat. 1950, directed the Director of the Joint Improvised Explosive Device Defeat Organization to develop, jointly with the Assistant Secretary of Defense for Research and Engineering, a comprehensive science and technology investment strategy for countering the threat of improvised explosive devices.
Hypersonics Development
Pub. L. 109–364, div. A, title II, §218, Oct. 17, 2006, 120 Stat. 2126, as amended by Pub. L. 112–81, div. A, title II, §241, Dec. 31, 2011, 125 Stat. 1343; Pub. L. 114–92, div. A, title X, §1079(f), Nov. 25, 2015, 129 Stat. 999; Pub. L. 115–91, div. A, title II, §214(b), Dec. 12, 2017, 131 Stat. 1325; Pub. L. 116–92, div. A, title II, §216, Dec. 20, 2019, 133 Stat. 1257, provided that:
"(a)
"(b)
"(c)
"(1)
"(A) access to research, technology development, and workforce development expertise to support the mission of the Office; and
"(B) foundational and applied hypersonic research, development, and workforce support in areas that the Office determines to be relevant for the Department of Defense.
"(2)
"(d)
"(1) Expedite testing, evaluation, and acquisition of hypersonic weapon systems to meet the stated needs of the warfighter, including flight testing, ground-based-testing, and underwater launch testing.
"(2) Coordinate and integrate current and future research, development, test, and evaluation programs and system demonstration programs of the Department of Defense on hypersonics.
"(3) Undertake appropriate actions to ensure—
"(A) close and continuous integration of the programs on hypersonics of the military departments and the Defense Agencies with the programs on hypersonics across the Federal Government and with appropriate private sector and foreign organizations; and
"(B) that both foundational research and developmental and operational testing resources are adequate and well funded, and that facilities are made available in a timely manner to support hypersonics research, demonstration programs, and system development.
"(4) Approve prototyping demonstration programs on hypersonic systems to speed the maturation and deployment of the systems to the warfighter.
"(5) 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 (f) as being consistent with the roadmap under subsection (e).
"(6) Develop strategies and roadmaps for hypersonic technologies to transition to operational capabilities for the warfighter.
"(7) Coordinate with relevant stakeholders and agencies to support United States technological advantage in developing hypersonics.
"(e)
"(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)
"(B)
"(f)
"(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 (e); 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 (e).
"(2)
"(3)
Collaborative Program for Research and Development of Vacuum Electronics Technologies
Pub. L. 108–375, div. A, title II, §212, Oct. 28, 2004, 118 Stat. 1832, as amended by Pub. L. 112–239, div. A, title X, §1076(c)(2)(A)(iii), Jan. 2, 2013, 126 Stat. 1950, directed the Secretary of Defense to establish a program for research and development in advanced vacuum electronics to meet the requirements of Department of Defense systems, to be carried out collaboratively by the Assistant Secretary of Defense for 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, and directed the Assistant Secretary of Defense for Research and Engineering to submit to the congressional defense committees, no later than Jan. 31, 2005, a report on the implementation of the program.
Department of Defense Program To Expand High-Speed, High-Bandwidth Capabilities for Network-Centric Operations
Pub. L. 108–136, div. A, title II, §234, Nov. 24, 2003, 117 Stat. 1423, directed the Secretary of Defense to 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 and to submit to the congressional defense committees, together with the budget justification materials submitted to Congress for fiscal year 2006, a report on the program.
Research and Development of Defense Biomedical Countermeasures
Pub. L. 108–136, div. A, title XVI, §1601, Nov. 24, 2003, 117 Stat. 1680, as amended by Pub. L. 112–81, div. A, title X, §1062(g)(3), Dec. 31, 2011, 125 Stat. 1585; Pub. L. 113–291, div. A, title X, §1071(b)(5)(B), Dec. 19, 2014, 128 Stat. 3507; Pub. L. 114–92, div. A, title VIII, §815(d), Nov. 25, 2015, 129 Stat. 896, provided that:
"(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 1903 of title 41, United States Code; and
"(B) sections 2371 and 2371b of title 10, United States Code.
"(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) Section 8703(a) of title 41, United States Code.
"(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) 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.
"(6) 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)."
Pub. L. 107–107, div. A, title X, §1044(a), Dec. 28, 2001, 115 Stat. 1219, directed the Secretary of Defense to carry out a program to aggressively accelerate the research, development, testing, and licensure of new medical countermeasures for defense against biological warfare agents, including for the prevention and treatment of anthrax.
Vehicle Fuel Cell Program
Pub. L. 107–314, div. A, title II, §245, Dec. 2, 2002, 116 Stat. 2500, directed the Secretary of Defense to carry out a program for the development of vehicle fuel cell technology in cooperation with companies selected by the Secretary and appropriated $10,000,000 for the program from funds authorized for Department of Defense research, development, test, and evaluation for fiscal year 2003.
Defense Nanotechnology Research and Development Program
Pub. L. 107–314, div. A, title II, §246, Dec. 2, 2002, 116 Stat. 2500, as amended by Pub. L. 110–181, div. A, title II, §240, Jan. 28, 2008, 122 Stat. 48; Pub. L. 111–84, div. A, title II, §242, Oct. 28, 2009, 123 Stat. 2237; Pub. L. 112–239, div. A, title X, §1076(c)(2)(A)(iv), Jan. 2, 2013, 126 Stat. 1950, provided that:
"(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 the National Nanotechnology Initiative and with the National Nanotechnology Coordination Office under section 3 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7502).
"(3) To develop and manage a portfolio of nanotechnology research and development 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 investments by the Department and other departments and agencies participating in the National Nanotechnology Initiative in nanotechnology research and development;
"(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; and
"(4) oversee Department of Defense participation in interagency coordination of the program with other departments and agencies participating in the National Nanotechnology Initiative.
"(d)
"(1) is integrated with the strategic plan for the National Nanotechnology Initiative and the strategic plans of the Assistant Secretary of Defense for Research and Engineering, the military departments, and the Defense Agencies; and
"(2) includes a clear strategy for transitioning the research into products needed by the Department.
"(e)
Report on Weapons and Capabilities To Defeat Hardened and Deeply Buried Targets
Pub. L. 107–314, div. A, title X, §1032, Dec. 2, 2002, 116 Stat. 2643, as amended by Pub. L. 108–136, div. C, title XXXI, §3135, Nov. 24, 2003, 117 Stat. 1752, as amended by Pub. L. 110–181, div. A, title X, §1041, Jan. 28, 2008, 122 Stat. 310; Pub. L. 111–383, div. A, title X, §1075(j), Jan. 7, 2011, 124 Stat. 4378, which required biennial reports on the development of weapons and capabilities to defeat hardened and deeply buried targets, was repealed by Pub. L. 115–232, div. A, title VIII, §812(b)(28), Aug. 13, 2018, 132 Stat. 1849.
Pilot Programs for Revitalizing Laboratories and Test and Evaluation Centers of Department of Defense
Pub. L. 107–314, div. A, title II, §241, Dec. 2, 2002, 116 Stat. 2492, which authorized the Secretary of Defense to carry out an additional pilot program to demonstrate improved efficiency in the performance of research, development, test, and evaluation functions of the Department of Defense, was repealed by Pub. L. 115–232, div. A, title VIII, §812(b)(29), Aug. 13, 2018, 132 Stat. 1849.
Pub. L. 106–65, div. A, title II, §245, Oct. 5, 1999, 113 Stat. 552, as amended by Pub. L. 107–314, div. A, title II, §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, §246, Oct. 17, 1998, 112 Stat. 1955, as amended by Pub. L. 107–314, div. A, title II, §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 Established Program To Stimulate Competitive Research
Pub. L. 105–18, title I, §307, June 12, 1997, 111 Stat. 169, as amended by Pub. L. 115–91, div. A, title II, §219(e)(3), Dec. 12, 2017, 131 Stat. 1331, provided that: "For the purposes of implementing the 1997 Defense Established 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, §257, Oct. 5, 1994, 108 Stat. 2705, as amended by Pub. L. 104–106, div. A, title II, §273, Feb. 10, 1996, 110 Stat. 239; Pub. L. 104–201, div. A, title II, §264, Sept. 23, 1996, 110 Stat. 2465; Pub. L. 105–85, div. A, title II, §243, Nov. 18, 1997, 111 Stat. 1667; Pub. L. 106–65, div. A, title IX, §911(a)(1), Oct. 5, 1999, 113 Stat. 717; Pub. L. 107–314, div. A, title II, §247, Dec. 2, 2002, 116 Stat. 2502; Pub. L. 110–181, div. A, title II, §239, Jan. 28, 2008, 122 Stat. 48; Pub. L. 112–239, div. A, title X, §1076(c)(2)(A)(v), Jan. 2, 2013, 126 Stat. 1950; Pub. L. 115–91, div. A, title II, §219(a)–(e)(1), Dec. 12, 2017, 131 Stat. 1330, 1331, provided that:
"(a)
"(b)
"(1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense.
"(2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance.
"(3) 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) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers.
"(4) 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 in areas relevant to the mission of the Department of Defense at institutions of higher education in the State.
"(3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years.
"(e)
"(2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established 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 Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and 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
Pub. L. 111–84, div. A, title XI, §1105, Oct. 28, 2009, 123 Stat. 2486, as amended by Pub. L. 113–291, div. A, title XI, §1103, Dec. 19, 2014, 128 Stat. 3525; Pub. L. 115–91, div. A, title XI, §1104, Dec. 12, 2017, 131 Stat. 1629, provided that:
"(a)
"(1) The Aviation and Missile Research Development and Engineering Center.
"(2) The Army Research Laboratory.
"(3) The Medical Research and Materiel Command.
"(4) The Engineer Research and Development Command.
"(5) The Communications-Electronics Command.
"(6) The Soldier and Biological Chemical Command.
"(7) The Naval Sea Systems Command Centers.
"(8) The Naval Research Laboratory.
"(9) The Office of Naval Research.
"(10) The Air Force Research Laboratory.
"(11) The Tank and Automotive Research Development and Engineering Center.
"(12) The Armament Research Development and Engineering Center.
"(13) The Naval Air Warfare Center, Weapons Division.
"(14) The Naval Air Warfare Center, Aircraft Division.
"(15) The Space and Naval Warfare Systems Center, Pacific.
"(16) The Space and Naval Warfare Systems Center, Atlantic.
"(17) The laboratories within the Army Research Development and Engineering Command.
"(18) The Army Research Institute for the Behavioral and Social Sciences.
"(19) The Space and Missile Defense Command Technical Center.
"(20) The Naval Medical Research Center.
"(21) The Joint Warfighting Analysis Center.
"(22) The Naval Facilities Engineering and Expeditionary Warfare Center.
"(b)
"(1) shall not adversely affect any employee with respect to pay or any other term or condition of employment;
"(2) shall be consistent with section 4703(f) of title 5, United States Code;
"(3) shall be completed within 18 months after the date of the enactment of this Act; and
"(4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5, United States Code) or senior executives (as defined by section 3132(a)(3) of such title).
"(c)
Pub. L. 110–181, div. A, title XI, §1107, Jan. 28, 2008, 122 Stat. 357, as amended by Pub. L. 110–417, [div. A], title XI, §1109, Oct. 14, 2008, 122 Stat. 4618; Pub. L. 111–84, div. A, title X, §1073(d), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 111–383, div. A, title XI, §1101(b), Jan. 7, 2011, 124 Stat. 4382; Pub. L. 112–81, div. A, title X, §1066(b)(2), Dec. 31, 2011, 125 Stat. 1588, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"(A) The actions taken by the Secretary of Defense under subsection (a) during the year covered by the report.
"(B) The progress made by the Secretary of Defense during such year in developing and implementing the plan required by subsection (b), including the anticipated date for completion of such plan and a list and description of any issues relating to the development or implementation of such plan.
"(C) With respect to any applications by any Department of Defense laboratories seeking to be designated as a demonstration laboratory or to otherwise obtain any of the personnel flexibilities available to a demonstration laboratory—
"(i) the number of applications that were received, pending, or acted on during such year;
"(ii) the status or disposition of any applications under clause (i), including, in the case of any application on which a final decision was rendered, the laboratory involved, what the laboratory had requested, the decision reached, and the reasons for the decision; and
"(iii) in the case of any applications under clause (i) on which a final decision was not rendered, the date by which a final decision is anticipated.
"(3)
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1107(d) of Pub. L. 110–181, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.]
Pub. L. 103–337, div. A, title III, §342(b), Oct. 5, 1994, 108 Stat. 2721, as amended by Pub. L. 106–65, div. A, title XI, §1109, Oct. 5, 1999, 113 Stat. 779; Pub. L. 106–398, §1 [[div. A], title XI, §1114], Oct. 30, 2000, 114 Stat. 1654, 1654A–315; Pub. L. 114–328, div. A, title II, §211(f), formerly §211(e), Dec. 23, 2016, 130 Stat. 2047, redesignated §211(f), Pub. L. 115–91, div. A, title II, §218(a)(3), Dec. 12, 2017, 131 Stat. 1330; Pub. L. 115–91, div. A, title II, §218(b)(2), Dec. 12, 2017, 131 Stat. 1330, 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 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals).
"(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
Pub. L. 103–160, div. A, title II, §252, Nov. 30, 1993, 107 Stat. 1607, provided that:
"(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
Pub. L. 103–160, div. A, title VIII, §802, Nov. 30, 1993, 107 Stat. 1701, as amended by Pub. L. 104–106, div. A, title II, §275, Feb. 10, 1996, 110 Stat. 241; Pub. L. 104–201, div. A, title II, §263, Sept. 23, 1996, 110 Stat. 2465; Pub. L. 112–239, div. A, title X, §1076(c)(2)(E), Jan. 2, 2013, 126 Stat. 1950, provided that:
"(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
Pub. L. 91–441, title II, §203, Oct. 7, 1970, 84 Stat. 906, as amended by Pub. L. 96–342, title II, §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, §824(b), Nov. 5, 1990, 104 Stat. 1604.
Relationship of Research Projects or Studies to Military Function or Operation
Pub. L. 91–441, title II, §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, §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, §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, §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, §502, Nov. 17, 1971, 85 Stat. 427.
Pub. L. 91–441, title V, §510, Oct. 7, 1970, 84 Stat. 914.
Federal Contract Research Centers; Officers' Compensation; Notification to Congress
Pub. L. 91–121, title IV, §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, §819(c), Nov. 9, 1979, 93 Stat. 819. See section 2359 of this title.
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