US (United States) Code. Title 10. Subtitle A: General Military Law. Chapter 139: Research and development

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Service, supply and procurement

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-CITE-

10 USC CHAPTER 139 - RESEARCH AND DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

.

-HEAD-

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-MISC1-

Sec.

2351. Availability of appropriations.

(2352. Repealed.)

2353. Contracts: acquisition, construction, or furnishing of test

facilities and equipment.

2354. Contracts: indemnification provisions.

(2355 to 2357. Repealed.)

2358. Research and development projects.

2359. Science and technology programs to be conducted so as to

foster the transition of science and technology to higher levels

of research, development, test, and evaluation.

2359a. Technology Transition Initiative.

2359b. Defense Acquisition Challenge Program.

2360. Research and development laboratories: contracts for services

of university students.

2361. Award of grants and contracts to colleges and universities:

requirement of competition.

(2362, 2363. Repealed.)

2364. Coordination and communication of defense research

activities.

(2365. Repealed.)

2366. Major systems and munitions programs: survivability testing

and lethality testing required before full-scale production.

2367. Use of federally funded research and development centers.

(2368 to 2370. Repealed.)

2370a. Medical countermeasures against biowarfare threats:

allocation of funding between near-term and other threats.

2371. Research projects: transactions other than contracts and

grants.

2371a. Cooperative research and development agreements under

Stevenson-Wydler Technology Innovation Act of 1980.

2372. Independent research and development and bid and proposal

costs: payments to contractors.

2373. Procurement for experimental purposes.

2374. Merit-based award of grants for research and development.

2374a. Prizes for advanced technology achievements.

2374b. Prizes for achievements in promoting science, mathematics,

engineering, or technology education.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title II, Sec. 242(a)(2),

243(b), 248(c)(2), Dec. 2, 2002, 116 Stat. 2495, 2498, 2503, added

items 2359a, 2359b, and 2374b.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec.

904(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-225, added item

2359.

1999 - Pub. L. 106-65, div. A, title II, Sec. 244(b), Oct. 5,

1999, 113 Stat. 552, added item 2374a.

1996 - Pub. L. 104-201, div. A, title II, Sec. 267(c)(1)(C),

Sept. 23, 1996, 110 Stat. 2468, added item 2371a.

Pub. L. 104-106, div. A, title VIII, Sec. 802(b), title X, Sec.

1061(j)(2), 1062(c)(2), Feb. 10, 1996, 110 Stat. 390, 443, 444,

struck out items 2352 ''Contracts: notice to Congress required for

contracts performed over period exceeding 10 years'', 2356

''Contracts: delegations'', and 2370 ''Biological Defense Research

Program''.

1994 - Pub. L. 103-355, title I, Sec. 1301(c), title II, Sec.

2002(b), title III, Sec. 3062(b), title VII, Sec. 7203(a)(3), Oct.

13, 1994, 108 Stat. 3287, 3303, 3337, 3380, added item 2374,

substituted in item 2358 ''Research and development projects'' for

''Research projects'' and in item 2371 ''Research projects:

transactions other than contracts and grants'' for ''Advanced

research projects: cooperative agreements and other transactions'',

and struck out item 2355 ''Contracts: vouchering procedures'' and

item 2369 ''Product evaluation activity''.

1993 - Pub. L. 103-160, div. A, title II, Sec. 214(b), title

VIII, Sec. 828(a)(2), (c)(2), Nov. 30, 1993, 107 Stat. 1586, 1713,

1714, struck out item 2362 ''Testing requirements: wheeled or

tracked armored vehicles'' and added items 2370a and 2373.

1992 - Pub. L. 102-484, div. A, title VIII, Sec. 821(c)(2),

div. D, title XLII, Sec. 4271(b)(3), Oct. 23, 1992, 106 Stat.

2460, 2696, struck out items 2363 ''Encouragement of technology

transfer'' and 2365 ''Competitive prototype strategy requirement:

major defense acquisition programs''.

1991 - Pub. L. 102-190, div. A, title VIII, Sec. 802(a)(2),

803(a)(2), 821(c)(2), Dec. 5, 1991, 105 Stat. 1414, 1415, 1431,

substituted item 2352 for former item 2352 ''Contracts: limited to

five-year terms'', struck out item 2368 ''Critical technologies

research'', and substituted item 2372 for former item 2372

''Independent research and development''.

Pub. L. 102-25, title VII, Sec. 701(e)(5), Apr. 6, 1991, 105

Stat. 114, inserted period at end of item 2366.

1990 - Pub. L. 101-510, div. A, title II, Sec. 241(b), title

VIII, Sec. 824(a)(2), title XIII, Sec. 1331(5), Nov. 5, 1990, 104

Stat. 1517, 1604, 1673, struck out items 2357 ''Contracts: reports

to Congress'' and 2359 ''Salaries of officers of Federal contract

research centers: reports to Congress'' and added items 2370 and

2372.

1989 - Pub. L. 101-189, div. A, title II, Sec. 251(a)(2), title

VIII, Sec. 802(c)(4)(B), 841(c)(2), Nov. 29, 1989, 103 Stat. 1404,

1486, 1514, substituted ''testing and lethality testing required

before full-scale production'' for ''and lethality testing;

operational testing'' in item 2366, substituted ''research'' for

''plan'' in item 2368, and added item 2371.

1988 - Pub. L. 100-456, div. A, title II, Sec. 220(b), title

VIII, Sec. 823(a)(2), 842(b), Sept. 29, 1988, 102 Stat. 1941, 2018,

2026, added items 2361, 2368, and 2369.

Pub. L. 100-370, Sec. 1(g)(4), July 19, 1988, 102 Stat. 847,

added item 2351, and struck out item 2361 ''Availability of

appropriations''.

1987 - Pub. L. 100-180, div. A, title XII, Sec. 1231(10)(C),

(12), Dec. 4, 1987, 101 Stat. 1160, substituted ''defense'' for

''Defense'' in item 2364 and ''federally'' for ''Federally'' in

item 2367.

Pub. L. 100-26, Sec. 5(3)(B), Apr. 21, 1987, 101 Stat. 274, made

technical amendment to directory language of section 909(a)(2) of

Pub. L. 99-500, Pub. L. 99-591, and 99-661. See 1986 Amendment note

below.

Pub. L. 100-26, Sec. 3(1)(B), Apr. 21, 1987, 101 Stat. 273, made

technical amendment to directory language of section 234(c)(2) of

Pub. L. 99-661. See 1986 Amendment note below.

1986 - Pub. L. 99-661, div. A, title II, Sec. 234(c)(2), Nov.

14, 1986, 100 Stat. 3849, as amended by Pub. L. 100-26, Sec.

3(1)(B), Apr. 21, 1987, 101 Stat. 273, added item 2364.

Pub. L. 99-500, Sec. 101(c) (title X, Sec. 909(a)(2), 910(a)(2),

912(a)(2)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-143, 1783-144,

1783-146, and Pub. L. 99-591, Sec. 101(c) (title X, Sec. 909(a)(2),

910(a)(2), 912(a)(2)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-143,

3341-144, 3341-146; Pub. L. 99-661, div. A, title IX, formerly

title IV, Sec. 909(a)(2), 910(a)(2), 912(a)(2), Nov. 14, 1986, 100

Stat. 3849, 3922, 3924, 3926, renumbered title IX, Pub. L. 100-26,

Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; as amended by Pub. L.

100-26, Sec. 5(3)(B), Apr. 21, 1987, 101 Stat. 274, amended

analysis identically, adding items 2365, 2366, and 2367.

1985 - Pub. L. 99-145, title I, Sec. 123(a)(2), title XIV, Sec.

1457(b), Nov. 8, 1985, 99 Stat. 601, 763, added items 2362 and

2363.

1982 - Pub. L. 97-258, Sec. 2(b)(3)(A), Sept. 13, 1982, 96 Stat.

1052, added item 2361.

1981 - Pub. L. 97-86, title VI, Sec. 603(b), Dec. 1, 1981, 95

Stat. 1110, added item 2360.

1979 - Pub. L. 96-107, title VIII, 819(a)(2), Nov. 9, 1979, 93

Stat. 819, added item 2359.

1962 - Pub. L. 87-651, title II, Sec. 208(b), Sept. 7, 1962, 76

Stat. 523, added item 2358.

1958 - Pub. L. 85-599, Sec. 3(d), Aug. 6, 1958, 72 Stat. 516,

struck out item 2351 ''Policy, plans, and coordination''.

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10 USC Sec. 2351 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2351. Availability of appropriations

-STATUTE-

(a) Funds appropriated to the Department of Defense for research

and development remain available for obligation for a period of two

consecutive years.

(b) Funds appropriated to the Department of Defense for research

and development may be used -

(1) for the purposes of section 2353 of this title; and

(2) for purposes related to research and development for which

expenditures are specifically authorized in other appropriations

of the Department of Defense.

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(b)(3)(B), Sept. 13, 1982, 96 Stat.

1052, Sec. 2361; renumbered Sec. 2351 and amended Pub. L. 100-370,

Sec. 1(g)(1), July 19, 1988, 102 Stat. 846.)

-MISC1-

Historical and Revision Notes

1982 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2361 31:649c(2). Aug. 10, 1956, ch.

1041, Sec. 40(2),

70A Stat. 636; Nov.

17, 1971, Pub. L.

92-156, Sec.

201(b), 85 Stat.

424.

-------------------------------

The words ''Unless otherwise provided in the appropriation Act

concerned'' are omitted as unnecessary and for consistency. The

word ''Funds'' is substituted for ''moneys'' for consistency in

title 10.

1988 ACT

Subsection (a) is based on section 2361 of this title.

Subsection (b) is based on Pub. L. 99-190, Sec. 101(b) (title

VIII, Sec. 8015), Dec. 19, 1985, 99 Stat. 1185, 1205.

PRIOR PROVISIONS

A prior section 2351, act Aug. 10, 1956, ch. 1041, 70A Stat. 133,

related to policy, plans, and coordination relative to research and

development on scientific problems relating to the national

security, prior to repeal by Pub. L. 85-599, Sec. 3(d).

AMENDMENTS

1988 - Pub. L. 100-370 renumbered section 2361 of this title as

this section, designated such provisions as subsec. (a), and added

subsec. (b).

-CITE-

10 USC Sec. 2352 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2352. Repealed. Pub. L. 104-106, div. A, title X, Sec.

1062(c)(1), Feb. 10, 1996, 110 Stat. 444)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 133; Dec. 5,

1991, Pub. L. 102-190, div. A, title VIII, Sec. 803(a)(1), 105

Stat. 1414; Pub. L. 102-484, div. A, title X, Sec. 1053(4), Oct.

23, 1992, 106 Stat. 2501, required Secretary of military department

to give notice to Congress of contracts performed over a period

exceeding 10 years.

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10 USC Sec. 2353 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2353. Contracts: acquisition, construction, or furnishing of

test facilities and equipment

-STATUTE-

(a) A contract of a military department for research or

development, or both, may provide for the acquisition or

construction by, or furnishing to, the contractor, of research,

developmental, or test facilities and equipment that the Secretary

of the military department concerned determines to be necessary for

the performance of the contract. The facilities and equipment, and

specialized housing for them, may be acquired or constructed at the

expense of the United States, and may be lent or leased to the

contractor with or without reimbursement, or may be sold to him at

fair value. This subsection does not authorize new construction or

improvements having general utility.

(b) Facilities that would not be readily removable or separable

without unreasonable expense or unreasonable loss of value may not

be installed or constructed under this section on property not

owned by the United States, unless the contract contains -

(1) a provision for reimbursing the United States for the fair

value of the facilities at the completion or termination of the

contract or within a reasonable time thereafter;

(2) an option in the United States to acquire the underlying

land; or

(3) an alternative provision that the Secretary concerned

considers to be adequate to protect the interests of the United

States in the facilities.

(c) Proceeds of sales or reimbursements under this section shall

be paid into the Treasury as miscellaneous receipts, except to the

extent otherwise authorized by law with respect to property

acquired by the contractor.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 134.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2353(a) 5:235e (1st July 16, 1952, ch.

sentence; and 2d 882, Sec. 4 (less

sentence, less 2d 3d and last

and last provisos). sentences), 66

5:475j (1st Stat. 725.

sentence; and 2d

sentence, less 2d

and last provisos).

5:628e (1st

sentence; and 2d

sentence, less 2d

and last provisos).

2353(b) 5:235e (2d proviso

of 2d sentence).

5:475j (2d proviso

of 2d sentence).

5:628e (2d proviso

of 2d sentence).

2353(c) 5:235e (last proviso

of 2d sentence).

5:475j (last proviso

of 2d sentence).

5:628e (last proviso

of 2d sentence).

-------------------------------

In subsection (a), the words ''furnished to'' and ''for the use

thereof'' are omitted as surplusage.

In subsections (a) and (b), the words ''United States'' are

substituted for the word ''Government''.

In subsection (b), the introductory clause is substituted for

5:235e (words of 2d proviso before clause (1)), 475j, and 628e. The

words ''that * * * considers'' are substituted for the words ''as

will in the opinion''. The words ''an alternative'' are

substituted for the words ''such other''.

In subsection (c), the words ''Proceeds of'' are substituted for

the words ''That all moneys arising from''.

USE OF RESEARCH AND DEVELOPMENT FUNDS FOR TEST FACILITIES AND

EQUIPMENT

Pub. L. 99-190, Sec. 101(b) (title VIII, Sec. 8015), Dec. 19,

1985, 99 Stat. 1185, 1205, which provided that appropriations

available to the Department of Defense for research and development

could be used for 10 U.S.C. 2353 and for purposes related to

research and development for which expenditures are specifically

authorized in other appropriations of the Service concerned, was

repealed and restated in section 2351(b) of this title by Pub. L.

100-370, Sec. 1(g)(1)(B), (2), July 19, 1988, 102 Stat. 846.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 114, 2351 of this title;

title 42 sections 241, 6981, 7404.

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10 USC Sec. 2354 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2354. Contracts: indemnification provisions

-STATUTE-

(a) With the approval of the Secretary of the military department

concerned, any contract of a military department for research or

development, or both, may provide that the United States will

indemnify the contractor against either or both of the following,

but only to the extent that they arise out of the direct

performance of the contract and to the extent not compensated by

insurance or otherwise:

(1) Claims (including reasonable expenses of litigation or

settlement) by third persons, including employees of the

contractor, for death, bodily injury, or loss of or damage to

property, from a risk that the contract defines as unusually

hazardous.

(2) Loss of or damage to property of the contractor from a risk

that the contract defines as unusually hazardous.

(b) A contract, made under subsection (a), that provides for

indemnification must also provide for -

(1) notice to the United States of any claim or suit against

the contractor for the death, bodily injury, or loss of or damage

to property; and

(2) control of or assistance in the defense by the United

States, at its election, of that suit or claim.

(c) No payment may be made under subsection (a) unless the

Secretary of the department concerned, or an officer or official of

his department designated by him, certifies that the amount is just

and reasonable.

(d) Upon approval by the Secretary concerned, payments under

subsection (a) may be made from -

(1) funds obligated for the performance of the contract

concerned;

(2) funds available for research or development, or both, and

not otherwise obligated; or

(3) funds appropriated for those payments.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 134.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2354(a) 5:235f (1st July 16, 1952, ch.

sentence, less 882, Sec. 5, 66

provisos). 5:475k Stat. 726.

(1st sentence, less

provisos).

5:628f (1st

sentence, less

provisos).

2354(b) 5:235f (1st proviso

of 1st sentence).

5:475k (1st proviso

of 1st sentence).

5:628f (1st proviso

of 1st sentence).

2354(c) 5:235f (last proviso

of 1st sentence).

5:475k (last proviso

of 1st sentence).

5:628f (last proviso

of 1st sentence).

2354(d) 5:235f (less 1st

sentence).

5:475k (less 1st

sentence).

5:628f (less 1st

sentence).

-------------------------------

In subsection (a), the words ''Liability on account of'', and

''of such claims'' are omitted as surplusage. In clauses (1) and

(2), the word ''from'' is substituted for the words ''arising as a

result of''.

In subsections (a) and (b), the words ''United States'' are

substituted for the word ''Government''.

In subsection (b), the words ''made under subsection (a), that

provides for indemnification'' are substituted for the words ''so

providing * * * with respect to any alleged liability for such

death''. The words ''appropriate'' and ''or actions filed * * * or

made'' are omitted as surplusage.

In subsection (c), the words ''by the Government'', ''authority

of'', and ''for such purpose'' are omitted as surplusage.

In subsection (d), the words ''by the Congress'' and ''the making

of'' are omitted as surplusage. The words ''or both'' are inserted

to conform to subsection (a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 284, 1887 of this title;

title 42 sections 241, 284, 1870, 1887.

-CITE-

10 USC Sec. 2355 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2355. Repealed. Pub. L. 103-355, title II, Sec. 2002(a), Oct.

13, 1994, 108 Stat. 3303)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 135, authorized

Secretary of each military department to prescribe by regulation

the extent of itemization, substantiation, or certification of

vouchers for funds spent under research or development contracts

prior to payment.

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10 USC Sec. 2356 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2356. Repealed. Pub. L. 104-106, div. A, title VIII, Sec.

802(a), Feb. 10, 1996, 110 Stat. 390)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 135; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(43A), 72 Stat. 1457; July 18, 1984,

Pub. L. 98-369, div. B, title VII, Sec. 2727(d), 98 Stat. 1195;

Dec. 4, 1987, Pub. L. 100-180, div. A, title XII, Sec.

1231(18)(B), 101 Stat. 1161, related to delegations of authority

under sections 1584, 2353, 2354, and 2355 of this title.

-CITE-

10 USC Sec. 2357 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2357. Repealed. Pub. L. 101-510, div. A, title XIII, Sec.

1301(11), Nov. 5, 1990, 104 Stat. 1668)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 135, required

Secretary of each military department to report to Congress on

contracts for research and development.

-CITE-

10 USC Sec. 2358 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2358. Research and development projects

-STATUTE-

(a) Authority. - The Secretary of Defense or the Secretary of a

military department may engage in basic research, applied research,

advanced research, and development projects that -

(1) are necessary to the responsibilities of such Secretary's

department in the field of research and development; and

(2) either -

(A) relate to weapon systems and other military needs; or

(B) are of potential interest to the Department of Defense.

(b) Authorized Means. - The Secretary of Defense or the Secretary

of a military department may perform research and development

projects -

(1) by contract, cooperative agreement, or grant, in accordance

with chapter 63 of title 31;

(2) through one or more military departments;

(3) by using employees and consultants of the Department of

Defense; or

(4) by mutual agreement with the head of any other department

or agency of the Federal Government.

(c) Requirement of Potential Department of Defense Interest. -

Funds appropriated to the Department of Defense or to a military

department may not be used to finance any research project or study

unless the project or study is, in the opinion of the Secretary of

Defense or the Secretary of that military department, respectively,

of potential interest to the Department of Defense or to such

military department, respectively.

(d) Additional Provisions Applicable to Cooperative Agreements. -

Additional authorities, conditions, and requirements relating to

certain cooperative agreements authorized by this section are

provided in sections 2371 and 2371a of this title.

-SOURCE-

(Added Pub. L. 87-651, title II, Sec. 208(a), Sept. 7, 1962, 76

Stat. 523; amended Pub. L. 97-86, title IX, Sec. 910, Dec. 1, 1981,

95 Stat. 1120; Pub. L. 100-370, Sec. 1(g)(3), July 19, 1988, 102

Stat. 846; Pub. L. 103-160, div. A, title VIII, Sec. 827(a), Nov.

30, 1993, 107 Stat. 1712; Pub. L. 103-355, title I, Sec. 1301(a),

Oct. 13, 1994, 108 Stat. 3284; Pub. L. 104-201, div. A, title II,

Sec. 267(c)(2), Sept. 23, 1996, 110 Stat. 2468.)

-MISC1-

Historical and Revision Notes

1962 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2358 5:171c(b)(2), (3). July 26, 1947, ch.

343, Sec.

203(b)(2), (3);

added Aug. 6, 1958,

Pub. L. 85-599,

Sec. 9(a) (3d and

4th pars.), 72

Stat. 520.

-------------------------------

5 U.S.C. 171c(b)(3) is omitted as unnecessary since the

authorization for appropriations is implied in 5 U.S.C. 171c(b)(2).

1988 ACT

In the existing text of 10 U.S.C. 2358, the bill would in two

instances strike the phrase ''or his designee'' appearing after

''Secretary of Defense'' (section 1(g)(3)). The change is made for

consistency in the Code, and no substantive change is intended.

The committee notes that the Secretary of Defense has general

authority to delegate functions under 10 U.S.C. 113(d).

Subsection (b) is based on Pub. L. 91-441, title II, Sec. 204,

Oct. 7, 1970, 84 Stat. 908.

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-201 substituted ''sections 2371

and 2371a'' for ''section 2371''.

1994 - Pub. L. 103-355 amended section generally, inserting

reference to development projects in section catchline, and in text

specifying that relevant Secretary may perform research and

development projects in accordance with chapter 63 of title 31, and

adding subsec. (d) relating to additional provisions applicable to

cooperative agreements.

1993 - Pub. L. 103-160 amended section generally. Prior to

amendment, section read as follows:

''(a) In General. - Subject to approval by the President, the

Secretary of Defense may engage in basic and applied research

projects that are necessary to the responsibilities of the

Department of Defense in the field of basic and applied research

and development and that relate to weapons systems and other

military needs. Subject to approval by the President, the

Secretary may perform assigned research and development projects -

''(1) by contract with, or by grant to, educational or research

institutions, private businesses, or other agencies of the United

States;

''(2) through one or more of the military departments; or

''(3) by using employees and consultants of the Department of

Defense.

''(b) Requirement of Potential Military Relationship. - Funds

appropriated to the Department of Defense may not be used to

finance any research project or study unless the project or study

has, in the opinion of the Secretary of Defense, a potential

relationship to a military function or operation.''

1988 - Pub. L. 100-370 designated existing provisions as subsec.

(a), inserted heading, struck out ''or his designee'' after

''Secretary of Defense'' and ''President, the Secretary'', and

added subsec. (b).

1981 - Par. (1). Pub. L. 97-86 substituted ''by contract with, or

by grant to,'' for ''by contract with''.

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L.

103-355, see section 10001 of Pub. L. 103-355, set out as a note

under section 251 of Title 41, Public Contracts.

VEHICLE FUEL CELL PROGRAM

Pub. L. 107-314, div. A, title II, Sec. 245, Dec. 2, 2002, 116

Stat. 2500, provided that:

''(a) Program Required. - The Secretary of Defense shall carry

out a program for the development of vehicle fuel cell technology.

''(b) Goals and Objectives. - The goals and objectives of the

program shall be as follows:

''(1) To identify and support technological advances that are

necessary for the development of fuel cell technology for use in

vehicles of types to be used by the Department of Defense.

''(2) To ensure that critical technology advances are shared

among the various fuel cell technology programs within the

Federal Government.

''(3) To maximize the leverage of Federal funds that are used

for the development of fuel cell technology.

''(c) Content of Program. - The program shall include -

''(1) development of vehicle propulsion technologies and fuel

cell auxiliary power units, together with pilot projects for the

demonstration of such technologies, as appropriate; and

''(2) development of technologies necessary to address critical

issues with respect to vehicle fuel cells, such as issues

relating to hydrogen storage and hydrogen fuel infrastructure.

''(d) Cooperation With Industry. - (1) The Secretary shall carry

out the program in cooperation with companies selected by the

Secretary. The Secretary shall select such companies from among -

''(A) companies in the automobile and truck manufacturing

industry;

''(B) companies in the business of supplying systems and

components to that industry; and

''(C) companies in any other industries that the Secretary

considers appropriate.

''(2) The Secretary may enter into a cooperative agreement with

one or more companies selected under paragraph (1) to establish an

entity for carrying out activities required by subsection (c).

''(3) The Secretary shall ensure that companies referred to in

paragraph (1) collectively contribute, in cash or in kind, not less

than one-half of the total cost of carrying out the program under

this section.

''(e) Coordination With Other Federal Agencies. - The Secretary

shall carry out the program using a coordinating mechanism for

sharing information and resources with the Department of Energy and

other Federal agencies.

''(f) Intial (sic) Funding. - Of the funds authorized to be

appropriated by section 201(4) (116 Stat. 2479), $10,000,000 shall

be available for the program required by this section.''

DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM

Pub. L. 107-314, div. A, title II, Sec. 246, Dec. 2, 2002, 116

Stat. 2500, provided that:

''(a) Establishment. - The Secretary of Defense shall carry out a

defense nanotechnology research and development program.

''(b) Purposes. - The purposes of the program are as follows:

''(1) To ensure United States global superiority in

nanotechnology necessary for meeting national security

requirements.

''(2) To coordinate all nanoscale research and development

within the Department of Defense, and to provide for interagency

cooperation and collaboration on nanoscale research and

development between the Department of Defense and other

departments and agencies of the United States that are involved

in nanoscale research and development.

''(3) To develop and manage a portfolio of fundamental and

applied nanoscience and engineering research initiatives that is

stable, consistent, and balanced across scientific disciplines.

''(4) To accelerate the transition and deployment of

technologies and concepts derived from nanoscale research and

development into the Armed Forces, and to establish policies,

procedures, and standards for measuring the success of such

efforts.

''(5) To collect, synthesize, and disseminate critical

information on nanoscale research and development.

''(c) Administration. - In carrying out the program, the

Secretary shall act through the Director of Defense Research and

Engineering, who shall supervise the planning, management, and

coordination of the program. The Director, in consultation with

the Secretaries of the military departments and the heads of

participating Defense Agencies and other departments and agencies

of the United States, shall -

''(1) prescribe a set of long-term challenges and a set of

specific technical goals for the program;

''(2) develop a coordinated and integrated research and

investment plan for meeting the long-term challenges and

achieving the specific technical goals that builds upon the

Department's increased investment in nanotechnology research and

development and the National Nanotechnology Initiative; and

''(3) develop memoranda of agreement, joint funding agreements,

and other cooperative arrangements necessary for meeting the

long-term challenges and achieving the specific technical goals.

''(d) Annual Report. - Not later than March 1 of each of 2004,

2005, 2006, and 2007, the Director of Defense Research and

Engineering shall submit to the congressional defense committees

(Committees on Armed Services and Appropriations of the Senate and

the House of Representatives) a report on the program. The report

shall contain the following matters:

''(1) A review of -

''(A) the long-term challenges and specific technical goals

of the program; and

''(B) the progress made toward meeting those challenges and

achieving those goals.

''(2) An assessment of current and proposed funding levels,

including the adequacy of such funding levels to support program

activities.

''(3) A review of the coordination of activities within the

Department of Defense, with other departments and agencies, and

with the National Nanotechnology Initiative.

''(4) An assessment of the extent to which effective technology

transition paths have been established as a result of activities

under the program.

''(5) Recommendations for additional program activities to meet

emerging national security requirements.''

ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND DEEPLY BURIED

TARGETS

Pub. L. 107-314, div. A, title X, Sec. 1032, Dec. 2, 2002, 116

Stat. 2643, provided that:

''(a) Annual Report. - Not later than April 1 of each year, the

Secretary of Defense, the Secretary of Energy, and the Director of

Central Intelligence shall jointly submit to the congressional

defense committees (Committees on Armed Services and Appropriations

of the Senate and the House of Representatives), the Select

Committee on Intelligence of the Senate, and the Permanent Select

Committee on Intelligence of the House of Representatives a report

on the research and development, procurement, and other activities

undertaken during the preceding fiscal year by the Department of

Defense, the Department of Energy, and the intelligence community

to develop weapons to defeat hardened and deeply buried targets.

''(b) Report Elements. - The report for a fiscal year under

subsection (a) shall -

''(1) include a discussion of the integration and

interoperability of the activities referred to in that subsection

that were undertaken during that fiscal year, including a

discussion of the relevance of such activities to applicable

recommendations by the Chairman of the Joint Chiefs of Staff,

assisted under section 181(b) of title 10, United States Code, by

the Joint Requirements Oversight Council; and

''(2) set forth separately a description of the activities

referred to in that subsection, if any, that were undertaken

during such fiscal year by each element of -

''(A) the Department of Defense;

''(B) the Department of Energy; and

''(C) the intelligence community.

''(c) Definition. - In this section, the term 'intelligence

community' has the meaning given such term in section 3(4) of the

National Security Act of 1947 (50 U.S.C. 401a(4)).

''(d) Termination. - No report is required under this section

after the submission of the report that is due on April 1, 2007.''

PILOT PROGRAMS FOR REVITALIZING LABORATORIES AND TEST AND

EVALUATION CENTERS OF DEPARTMENT OF DEFENSE

Pub. L. 107-314, div. A, title II, Sec. 241, Dec. 2, 2002, 116

Stat. 2492, provided that:

''(a) Additional Pilot Program. - (1) The Secretary of Defense

may carry out a pilot program to demonstrate improved efficiency in

the performance of research, development, test, and evaluation

functions of the Department of Defense.

''(2) Under the pilot program, the Secretary of Defense shall

provide the director of one science and technology laboratory, and

the director of one test and evaluation laboratory, of each

military department with authority for the following:

''(A) To use innovative methods of personnel management

appropriate for ensuring that the selected laboratories can -

''(i) employ and retain a workforce appropriately balanced

between permanent and temporary personnel and among workers

with appropriate levels of skills and experience; and

''(ii) effectively shape workforces to ensure that the

workforces have the necessary sets of skills and experience to

fulfill their organizational missions.

''(B) To develop or expand innovative methods of entering into

and expanding cooperative relationships and arrangements with

private sector organizations, educational institutions (including

primary and secondary schools), and State and local governments

to facilitate the training of a future scientific and technical

workforce that will contribute significantly to the

accomplishment of organizational missions.

''(C) To develop or expand innovative methods of establishing

cooperative relationships and arrangements with private sector

organizations and educational institutions to promote the

establishment of the technological industrial base in areas

critical for Department of Defense technological requirements.

''(D) To waive any restrictions not required by law that apply

to the demonstration and implementation of methods for achieving

the objectives set forth in subparagraphs (A), (B), and (C).

''(3) The Secretary may carry out the pilot program under this

subsection at each selected laboratory for a period of three years

beginning not later than March 1, 2003.

''(b) Relationship to Fiscal Years 1999 and 2000 Revitalization

Pilot Programs. - The pilot program under this section is in

addition to, but may be carried out in conjunction with, the fiscal

years 1999 and 2000 revitalization pilot programs.

''(c) Reports. - (1) Not later than January 1, 2003, the

Secretary shall submit to Congress a report on the experience under

the fiscal years 1999 and 2000 revitalization pilot programs in

exercising the authorities provided for the administration of those

programs. The report shall include a description of -

''(A) barriers to the exercise of the authorities that have

been encountered;

''(B) the proposed solutions for overcoming the barriers; and

''(C) the progress made in overcoming the barriers.

''(2) Not later than September 1, 2003, the Secretary of Defense

shall submit to Congress a report on the implementation of the

pilot program under subsection (a) and the fiscal years 1999 and

2000 revitalization pilot programs. The report shall include, for

each such pilot program, the following:

''(A) Each laboratory selected for the pilot program.

''(B) To the extent practicable, a description of the

innovative methods that are to be tested at each laboratory.

''(C) The criteria to be used for measuring the success of each

method to be tested.

''(3) Not later than 90 days after the expiration of the period

for the participation of a laboratory in a pilot program referred

to in paragraph (2), the Secretary of Defense shall submit to

Congress a final report on the participation of that laboratory in

the pilot program. The report shall include the following:

''(A) A description of the methods tested.

''(B) The results of the testing.

''(C) The lessons learned.

''(D) Any proposal for legislation that the Secretary

recommends on the basis of the experience at that laboratory

under the pilot program.

''(d) Extension of Authority for Other Revitalization Pilot

Programs. - (1) (Amended section 246(a)(4) of Pub. L. 105-261, set

out as a note below.)

''(2) (Amended section 245(a)(4) of Pub. L. 106-65, set out as a

note below.)

''(e) Partnerships Under Pilot Program. - (1) The Secretary of

Defense may authorize one or more laboratories and test centers

participating in the pilot program under subsection (a) or in one

of the fiscal years 1999 and 2000 revitalization pilot programs to

enter into a cooperative arrangement (in this subsection referred

to as a 'public-private partnership') with entities in the private

sector and institutions of higher education for the performance of

work.

''(2) A competitive process shall be used for the selection of

entities outside the Government to participate in a public-private

partnership.

''(3)(A) Not more than one public-private partnership may be

established as a limited liability company.

''(B) An entity participating in a limited liability company as a

party to a public-private partnership under the pilot program may

contribute funds to the company, accept contributions of funds for

the company, and provide materials, services, and use of facilities

for research, technology, and infrastructure of the company, if it

is determined under regulations prescribed by the Secretary of

Defense that doing so will improve the efficiency of the

performance of research, test, and evaluation functions of the

Department of Defense.

''(f) Fiscal Years 1999 and 2000 Revitalization Pilot Programs

Defined. - In this section, the term 'fiscal years 1999 and 2000

revitalization pilot programs' means -

''(1) the pilot programs authorized by section 246 of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105-261; 112 Stat. 1955; 10 U.S.C. 2358 note); and

''(2) the pilot programs authorized by section 245 of the

National Defense Authorization Act for Fiscal Year 2000 (Public

Law 106-65; 113 Stat. 552; 10 U.S.C. 2358 note).''

Pub. L. 106-65, div. A, title II, Sec. 245, Oct. 5, 1999, 113

Stat. 552, as amended by Pub. L. 107-314, div. A, title II, Sec.

241(d)(2), Dec. 2, 2002, 116 Stat. 2493, provided that:

''(a) Authority. - (1) The Secretary of Defense may carry out a

pilot program to demonstrate improved efficiency in the performance

of research, development, test, and evaluation functions of the

Department of Defense. The pilot program under this section is in

addition to, but may be carried out in conjunction with, the pilot

program authorized by section 246 of the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261;

112 Stat. 1955; 10 U.S.C. 2358 note).

''(2) Under the pilot program, the Secretary of Defense shall

provide the director of one science and technology laboratory, and

the director of one test and evaluation laboratory, of each

military department with authority for the following:

''(A) To ensure that the laboratories selected can attract a

workforce appropriately balanced between permanent and temporary

personnel and among workers with an appropriate level of skills

and experience and that those laboratories can effectively

compete in hiring to obtain the finest scientific talent.

''(B) To develop or expand innovative methods of operation that

provide more defense research for each dollar of cost, including

carrying out initiatives such as focusing on the performance of

core functions and adopting more business-like practices.

''(C) To waive any restrictions not required by law that apply

to the demonstration and implementation of methods for achieving

the objectives set forth in subparagraphs (A) and (B).

''(3) In selecting the laboratories for participation in the

pilot program, the Secretary shall consider laboratories where

innovative management techniques have been demonstrated,

particularly as documented under sections 1115 through 1119 of

title 31, United States Code, relating to Government agency

performance and results.

''(4) The Secretary may carry out the pilot program at each

selected laboratory for up to five years beginning not later than

March 1, 2000.

''(b) Reports. - (1) Not later than March 1, 2000, the Secretary

of Defense shall submit to Congress a report on the implementation

of the pilot program. The report shall include the following:

''(A) Each laboratory selected for the pilot program.

''(B) To the extent possible, a description of the innovative

concepts that are to be tested at each laboratory.

''(C) The criteria to be used for measuring the success of each

concept to be tested.

''(2) Promptly after the expiration of the period for

participation of a laboratory in the pilot program, the Secretary

of Defense shall submit to Congress a final report on the

participation of that laboratory in the pilot program. The report

shall include the following:

''(A) A description of the concepts tested.

''(B) The results of the testing.

''(C) The lessons learned.

''(D) Any proposal for legislation that the Secretary

recommends on the basis of the experience at that laboratory

under the pilot program.''

Pub. L. 105-261, div. A, title II, Sec. 246, Oct. 17, 1998, 112

Stat. 1955, as amended by Pub. L. 107-314, div. A, title II, Sec.

241(d)(1), Dec. 2, 2002, 116 Stat. 2493, provided that:

''(a) Pilot Program. - (1) The Secretary of Defense may carry out

a pilot program to demonstrate improved cooperative relationships

with universities and other private sector entities for the

performance of research and development functions.

''(2) Under the pilot program, the Secretary of Defense shall

provide the director of one science and technology laboratory, and

the director of one test and evaluation center, of each military

department with authority for the following:

''(A) To explore innovative methods for quickly, efficiently,

and fairly entering into cooperative relationships with

universities and other private sector entities with respect to

the performance of research and development functions.

''(B) To waive any restrictions on the demonstration and

implementation of such methods that are not required by law.

''(C) To develop or expand innovative methods of operation that

provide more defense research for each dollar of cost, including

to carry out such initiatives as focusing on the performance of

core functions and adopting more business-like practices.

''(3) In selecting the laboratories and centers for participation

in the pilot program, the Secretary shall consider laboratories and

centers where innovative management techniques have been

demonstrated, particularly as documented under sections 1115

through 1119 of title 31, United States Code, relating to

Government agency performance and results.

''(4) The Secretary may carry out the pilot program at each

selected laboratory and center for up to six years beginning not

later than March 1, 1999.

''(b) Reports. - (1) Not later than March 1, 1999, the Secretary

of Defense shall submit a report on the implementation of the pilot

program to Congress. The report shall include the following:

''(A) Each laboratory and center selected for the pilot

program.

''(B) To the extent possible, a description of the innovative

concepts that are to be tested at each laboratory or center.

''(C) The criteria to be used for measuring the success of each

concept to be tested.

''(2) Promptly after the expiration of the period for

participation of a laboratory or center in the pilot program, the

Secretary of Defense shall submit to Congress a final report on the

participation of the laboratory or center in the pilot program.

The report shall contain the following:

''(A) A description of the concepts tested.

''(B) The results of the testing.

''(C) The lessons learned.

''(D) Any proposal for legislation that the Secretary

recommends on the basis of the experience at the laboratory or

center under the pilot program.

''(c) Commendation. - Congress commends the Secretary of Defense

for the progress made by the science and technology laboratories

and test and evaluation centers of the Department of Defense and

encourages the Secretary to take the actions necessary to ensure

continued progress for the laboratories and test and evaluation

centers in developing cooperative relationships with universities

and other private sector entities for the performance of research

and development functions.''

DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH

Pub. L. 105-18, title I, Sec. 307, June 12, 1997, 111 Stat. 169,

provided that: ''For the purposes of implementing the 1997 Defense

Experimental Program to Stimulate Competitive Research (DEPSCoR),

the term 'State' means a State of the United States, the District

of Columbia, Puerto Rico, Guam and the Virgin Islands of the United

States, American Samoa and the Commonwealth of the Northern Mariana

Islands.''

Pub. L. 103-337, div. A, title II, Sec. 257, Oct. 5, 1994, 108

Stat. 2705, as amended by Pub. L. 104-106, div. A, title II, Sec.

273, Feb. 10, 1996, 110 Stat. 239; Pub. L. 104-201, div. A, title

II, Sec. 264, Sept. 23, 1996, 110 Stat. 2465; Pub. L. 105-85, div.

A, title II, Sec. 243, Nov. 18, 1997, 111 Stat. 1667; Pub. L.

106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat.

717; Pub. L. 107-314, div. A, title II, Sec. 247, Dec. 2, 2002,

116 Stat. 2502, provided that:

''(a) Program Required. - The Secretary of Defense, acting

through the Director of Defense Research and Engineering, shall

carry out a Defense Experimental Program to Stimulate Competitive

Research (DEPSCoR) as part of the university research programs of

the Department of Defense.

''(b) Program Objectives. - The objectives of the program are as

follows:

''(1) To enhance the capabilities of institutions of higher

education in eligible States to develop, plan, and execute

science and engineering research that is competitive under the

peer-review systems used for awarding Federal research

assistance.

''(2) To increase the probability of long-term growth in the

competitively awarded financial assistance that institutions of

higher education in eligible States receive from the Federal

Government for science and engineering research.

''(c) Program Activities. - In order to achieve the program

objectives, the following activities are authorized under the

program:

''(1) Competitive award of grants for research and

instrumentation to support such research.

''(2) Competitive award of financial assistance for graduate

students.

''(3) Any other activities that are determined necessary to

further the achievement of the objectives of the program.

''(d) Eligible States. - (1) The Under Secretary of Defense for

Acquisition, Technology, and Logistics shall designate which States

are eligible States for the purposes of this section.

''(2) The Under Secretary of Defense for Acquisition, Technology,

and Logistics shall designate a State as an eligible State if, as

determined by the Under Secretary -

''(A) the average annual amount of all Department of Defense

obligations for science and engineering research and development

that were in effect with institutions of higher education in the

State for the three fiscal years preceding the fiscal year for

which the designation is effective or for the last three fiscal

years for which statistics are available is less than the amount

determined by multiplying 60 percent times the amount equal to

1/50 of the total average annual amount of all Department of

Defense obligations for science and engineering research and

development that were in effect with institutions of higher

education in the United States for such three preceding or last

fiscal years, as the case may be; and

''(B) the State has demonstrated a commitment to developing

research bases in the State and to improving science and

engineering research and education programs at institutions of

higher education in the State.

''(e) Coordination With Similar Federal Programs. - (1) The

Secretary shall consult with the Director of the National Science

Foundation and the Director of the Office of Science and Technology

Policy in the planning, development, and execution of the program

and shall coordinate the program with the Experimental Program to

Stimulate Competitive Research conducted by the National Science

Foundation and with similar programs sponsored by other departments

and agencies of the Federal Government.

''(2) All solicitations under the Defense Experimental Program to

Stimulate Competitive Research shall be made to, and all awards

shall be made through, the State committees established for

purposes of the Experimental Program to Stimulate Competitive

Research conducted by the National Science Foundation.

''(3) A State committee referred to in paragraph (2) shall ensure

that activities carried out in the State of that committee under

the Defense Experimental Program to Stimulate Competitive Research

are coordinated with the activities carried out in the State under

other similar initiatives of the Federal Government to stimulate

competitive research.

''(f) State Defined. - In this section, the term 'State' means a

State of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, the Virgin Islands, American

Samoa, and the Commonwealth of the Northern Mariana Islands.''

DEFENSE LABORATORIES PERSONNEL DEMONSTRATION PROJECTS

Pub. L. 103-337, div. A, title III, Sec. 342(b), Oct. 5, 1994,

108 Stat. 2721, as amended by Pub. L. 106-65, div. A, title XI,

Sec. 1109, Oct. 5, 1999, 113 Stat. 779; Pub. L. 106-398, Sec. 1

((div. A), title XI, Sec. 1114), Oct. 30, 2000, 114 Stat. 1654,

1654A-315, provided that:

''(1) The Secretary of Defense may carry out personnel

demonstration projects at Department of Defense laboratories

designated by the Secretary as Department of Defense science and

technology reinvention laboratories.

''(2)(A) Each personnel demonstration project carried out under

the authority of paragraph (1) shall be generally similar in nature

to the China Lake demonstration project.

''(B) For purposes of subparagraph (A), the China Lake

demonstration project is the demonstration project that is

authorized by section 6 of the Civil Service Miscellaneous

Amendments Act of 1983 (Pub. L. 98-224, 98 Stat. 49) to be

continued at the Naval Weapons Center, China Lake, California, and

at the Naval Ocean Systems Center, San Diego, California.

''(3) If the Secretary carries out a demonstration project at a

laboratory pursuant to paragraph (1), section 4703 of title 5,

United States Code, shall apply to the demonstration project,

except that -

''(A) subsection (d) of such section 4703 shall not apply to

the demonstration project;

''(B) the authority of the Secretary to carry out the

demonstration project is that which is provided in paragraph (1)

rather than the authority which is provided in such section 4703;

and

''(C) the Secretary shall exercise the authorities granted to

the Office of Personnel Management under such section 4703.

''(4) The employees of a laboratory covered by a personnel

demonstration project carried out under this section (enacting this

note) shall be exempt from, and may not be counted for the purposes

of, any constraint or limitation in a statute or regulation in

terms of supervisory ratios or maximum number of employees in any

specific category or categories of employment that may otherwise be

applicable to the employees. The employees shall be managed by the

director of the laboratory subject to the supervision of the Under

Secretary of Defense for Acquisition, Technology, and Logistics.

''(5) The limitations in section 5373 of title 5, United States

Code, do not apply to the authority of the Secretary under this

section to prescribe salary schedules and other related benefits.''

INCLUSION OF WOMEN AND MINORITIES IN CLINICAL RESEARCH PROJECTS

Section 252 of Pub. L. 103-160 provided that:

''(a) General Rule. - In conducting or supporting clinical

research, the Secretary of Defense shall ensure that -

''(1) women who are members of the Armed Forces are included as

subjects in each project of such research; and

''(2) members of minority groups who are members of the Armed

Forces are included as subjects of such research.

''(b) Waiver Authority. - The requirement in subsection (a)

regarding women and members of minority groups who are members of

the Armed Forces may be waived by the Secretary of Defense with

respect to a project of clinical research if the Secretary

determines that the inclusion, as subjects in the project, of women

and members of minority groups, respectively -

''(1) is inappropriate with respect to the health of the

subjects;

''(2) is inappropriate with respect to the purpose of the

research; or

''(3) is inappropriate under such other circumstances as the

Secretary of Defense may designate.

''(c) Requirement for Analysis of Research. - In the case of a

project of clinical research in which women or members of minority

groups will under subsection (a) be included as subjects of the

research, the Secretary of Defense shall ensure that the project is

designed and carried out so as to provide for a valid analysis of

whether the variables being tested in the research affect women or

members of minority groups, as the case may be, differently than

other persons who are subjects of the research.''

UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM

Section 802 of Pub. L. 103-160, as amended by Pub. L. 104-106,

div. A, title II, Sec. 275, Feb. 10, 1996, 110 Stat. 241; Pub. L.

104-201, div. A, title II, Sec. 263, Sept. 23, 1996, 110 Stat.

2465, provided that:

''(a) Establishment. - The Secretary of Defense, through the

Director of Defense Research and Engineering, may establish a

University Research Initiative Support Program.

''(b) Purpose. - Under the program, the Director may award grants

and contracts to eligible institutions of higher education to

support the conduct of research and development relevant to

requirements of the Department of Defense.

''(c) Eligibility. - An institution of higher education is

eligible for a grant or contract under the program if the

institution has received less than a total of $2,000,000 in grants

and contracts from the Department of Defense in the two most recent

fiscal years for which complete statistics are available when

proposals are requested for such grant or contract.

''(d) Competition Required. - The Director shall use competitive

procedures in awarding grants and contracts under the program.

''(e) Selection Process. - In awarding grants and contracts under

the program, the Director shall use a merit-based selection process

that is consistent with the provisions of section 2361(a) of title

10, United States Code.

''(f) Regulations. - Not later than 90 days after the date of the

enactment of this Act (Nov. 30, 1993), the Director shall prescribe

regulations for carrying out the program.

''(g) Funding. - Of the amounts authorized to be appropriated

under section 201 (107 Stat. 1583), $20,000,000 shall be available

for the University Research Initiative Support Program.''

INDEPENDENT RESEARCH AND DEVELOPMENT; BID AND PROPOSAL COSTS;

NEGOTIATION OF ADVANCE AGREEMENTS WITH CONTRACTORS; ANNUAL REPORT

TO CONGRESS

Pub. L. 91-441, title II, Sec. 203, Oct. 7, 1970, 84 Stat. 906,

as amended by Pub. L. 96-342, title II, Sec. 208, Sept. 8, 1980, 94

Stat. 1081, provided that no funds authorized to be appropriated to

Department of Defense by this or any other Act were to be used to

finance independent research and development or bid and proposal

costs unless such work had, in opinion of Secretary of Defense,

potential relationship to military functions or operations, and

advance agreements regarding payment for such work had been

negotiated, prior to repeal by Pub. L. 101-510, div. A, title

VIII, Sec. 824(b), Nov. 5, 1990, 104 Stat. 1604. See section 2372

of this title.

RELATIONSHIP OF RESEARCH PROJECTS OR STUDIES TO MILITARY FUNCTION

OR OPERATION

Pub. L. 91-441, title II, Sec. 204, Oct. 7, 1970, 84 Stat. 908,

which provided that no funds authorized to be appropriated to the

Department of Defense by this or any other Act may be used to

finance any research project or study unless such project or study

has, in the opinion of the Secretary of Defense, a potential

relationship to a military function or operation, was repealed and

restated in subsec. (b) of this section by Pub. L. 100-370, Sec.

1(g)(3)(C), (5), July 19, 1988, 102 Stat. 847.

HERBICIDES AND DEFOLIATION PROGRAM; COMPREHENSIVE STUDY AND

INVESTIGATION; REPORT BY JANUARY 31, 1972; TRANSMITTAL TO PRESIDENT

AND CONGRESS BY MARCH 1, 1972

Pub. L. 91-441, title V, Sec. 506(c), Oct. 7, 1970, 84 Stat. 913,

directed Secretary of Defense to enter into appropriate

arrangements with National Academy of Sciences to conduct a

comprehensive study and investigation to determine (A) ecological

and physiological dangers inherent in use of herbicides, and (B)

ecological and physiological effects of defoliation program carried

out by Department of Defense in South Vietnam, with a report on the

study to be transmitted to President and Congress by Mar. 1, 1972.

CAMPUSES BARRING MILITARY RECRUITERS; CESSATION OF PAYMENTS;

NOTIFICATION OF SECRETARY OF DEFENSE

Pub. L. 92-436, title VI, Sec. 606, Sept. 29, 1972, 86 Stat. 740,

provided that:

''(a) No part of the funds appropriated pursuant to this or any

other Act for the Department of Defense or any of the Armed Forces

may be used at any institution of higher learning if the Secretary

of Defense or his designee determines that recruiting personnel of

any of the Armed Forces of the United States are being barred by

the policy of such institution from the premises of the

institution: except in a case where the Secretary of the service

concerned certifies to the Congress in writing that a specific

course of instruction is not available at any other institution of

higher learning and furnishes to the Congress the reasons why such

course of instruction is of vital importance to the security of the

United States.

''(b) The prohibition made by subsection (a) of this section as

it applies to research and development funds shall not apply if the

Secretary of Defense or his designee determines that the

expenditure is a continuation or a renewal of a previous program

with such institution which is likely to make a significant

contribution to the defense effort.

''(c) The Secretaries of the military departments shall furnish

to the Secretary of Defense or his designee within 60 days after

the date of enactment of this Act (Sept. 29, 1972) and each January

31 and June 30 thereafter the names of any institution of higher

learning which the Secretaries determine on such dates are affected

by the prohibitions contained in this section.''

Similar provisions were contained in the following prior

authorization acts:

Pub. L. 92-156, title V, Sec. 502, Nov. 17, 1971, 85 Stat. 427.

Pub. L. 91-441, title V, Sec. 510, Oct. 7, 1970, 84 Stat. 914.

FEDERAL CONTRACT RESEARCH CENTERS; OFFICERS' COMPENSATION;

NOTIFICATION TO CONGRESS

Pub. L. 91-121, title IV, Sec. 407, Nov. 19, 1969, 83 Stat. 208,

related to restrictions on use of appropriations for compensation

of officers and employees of Federal contract research centers, and

notice requirements respecting such payments, prior to repeal by

Pub. L. 96-107, title VIII, Sec. 819(c), Nov. 9, 1979, 93 Stat.

819. See section 2359 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2371 of this title.

-CITE-

10 USC Sec. 2359 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2359. Science and technology programs to be conducted so as to

foster the transition of science and technology to higher

levels of research, development, test, and evaluation

-STATUTE-

(a) Policy. - Each official specified in subsection (b) shall

ensure that the management and conduct of the science and

technology programs under the authority of that official are

carried out in a manner that will foster the transition of science

and technology to higher levels of research, development, test, and

evaluation.

(b) Covered Officials. - Subsection (a) applies to the following

officials of the Department of Defense:

(1) The Under Secretary of Defense for Acquisition, Technology,

and Logistics.

(2) The Secretary of each military department.

(3) The Director of the Defense Advanced Research Projects

Agency.

(4) The directors and heads of other offices and agencies of

the Department of Defense with assigned research, development,

test, and evaluation responsibilities.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec.

904(a)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-225.)

-MISC1-

PRIOR PROVISIONS

A prior section 2359, added Pub. L. 96-107, title VIII, Sec.

819(a)(1), Nov. 9, 1979, 93 Stat. 818, related to reports on

salaries of officers of Federal contract research centers, prior to

repeal by Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(5),

Nov. 5, 1990, 104 Stat. 1671.

-CITE-

10 USC Sec. 2359a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2359a. Technology Transition Initiative

-STATUTE-

(a) Initiative Required. - The Secretary of Defense, acting

through the Under Secretary of Defense for Acquisition, Technology,

and Logistics, shall carry out an initiative, to be known as the

Technology Transition Initiative (hereinafter in this section

referred to as the ''Initiative''), to facilitate the rapid

transition of new technologies from science and technology programs

of the Department of Defense into acquisition programs of the

Department for the production of such technologies.

(b) Objectives. - The objectives of the Initiative are as

follows:

(1) To accelerate the introduction of new technologies into

operational capabilities for the armed forces.

(2) To successfully demonstrate new technologies in relevant

environments.

(c) Management of Initiative. - (1) The Under Secretary shall

designate a senior official of the Department of Defense

(hereinafter in this section referred to as the ''Manager'') to

manage the Initiative.

(2) In managing the Initiative, the Manager shall -

(A) report directly to the Under Secretary; and

(B) obtain advice and other assistance from the Technology

Transition Council established under subsection (g).

(3) The Manager shall -

(A) in consultation with the Technology Transition Council

established under subsection (g), identify promising technology

transition projects that can contribute to meeting Department of

Defense technology goals and requirements;

(B) identify potential sponsors in the Department of Defense to

manage such projects; and

(C) provide funds under subsection (f) for those projects that

are selected under subsection (d)(2).

(d) Selection of Projects. - (1) The science and technology and

acquisition executives of each military department and each

appropriate Defense Agency and the commanders of the unified and

specified combatant commands may nominate technology transition

projects for implementation under subsection (e) and shall submit a

list of the projects so nominated to the Manager.

(2) The Manager, in consultation with the Technology Transition

Council established under subsection (g), shall select projects for

implementation under subsection (e) from among the projects on the

lists submitted under paragraph (1).

(e) Implementation of Projects. - For each project selected under

subsection (d)(2), the Manager shall designate a military

department or Defense Agency to implement the project.

(f) Funding of Projects. - (1) From funds made available to the

Manager for the Initiative, the Manager shall, subject to

paragraphs (2) and (3), provide funds for each project selected

under subsection (d)(2) in an amount determined by mutual agreement

between the Manager and the acquisition executive of the military

department or Defense Agency concerned.

(2) The amount of funds provided to a project under paragraph (1)

shall be not less than the amount equal to 50 percent of the total

cost of the project.

(3) A project shall not be provided funds under this subsection

for more than four fiscal years.

(g) Technology Transition Council. - (1) There is a Technology

Transition Council in the Department of Defense. The Council is

composed of the following members:

(A) The science and technology executive of each military

department and each Defense Agency.

(B) The acquisition executive of each military department.

(C) The members of the Joint Requirements Oversight Council.

(2) The duty of the Council shall be to provide advice and

assistance to the Manager under this section.

(3) The Council shall meet not less often than semiannually to

carry out its duty under paragraph (2).

(h) Report. - Not later than March 31 of each year, the Under

Secretary shall submit to the Committee on Armed Services and the

Committee on Appropriations of the Senate and the Committee on

Armed Services and the Committee on Appropriations of the House of

Representatives a report on the activities carried out by the

Initiative during the preceding fiscal year.

(i) Definition. - In this section, the term ''acquisition

executive'', with respect to a military department or Defense

Agency, means the official designated as the senior procurement

executive for that military department or Defense Agency for the

purposes of section 16(3) of the Office of Federal Procurement

Policy Act (41 U.S.C. 414(3)).

-SOURCE-

(Added Pub. L. 107-314, div. A, title II, Sec. 242(a)(1), Dec. 2,

2002, 116 Stat. 2494.)

-CITE-

10 USC Sec. 2359b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2359b. Defense Acquisition Challenge Program

-STATUTE-

(a) Program Required. - (1) The Secretary of Defense, acting

through the Under Secretary of Defense for Acquisition, Technology,

and Logistics, shall carry out a program to provide opportunities

for the increased introduction of innovative and cost-saving

technology in acquisition programs of the Department of Defense.

(2) The program, to be known as the Defense Acquisition Challenge

Program (hereinafter in this section referred to as the ''Challenge

Program''), shall provide any person or activity within or outside

the Department of Defense with the opportunity to propose

alternatives, to be known as challenge proposals, at the component,

subsystem, or system level of an existing Department of Defense

acquisition program that would result in improvements in

performance, affordability, manufacturability, or operational

capability of that acquisition program.

(b) Panels. - The Under Secretary shall establish one or more

panels of highly qualified scientists and engineers (hereinafter in

this section referred to as ''Panels'') to provide preliminary

evaluations of challenge proposals under subsection (c).

(c) Preliminary Evaluation by Panels. - (1) Under procedures

prescribed by the Under Secretary, a person or activity within or

outside the Department of Defense may submit challenge proposals to

a Panel, through the unsolicited proposal process or in response to

a broad agency announcement.

(2) The Under Secretary shall establish procedures pursuant to

which appropriate officials of the Department of Defense may

identify proposals submitted through the unsolicited proposal

process as challenge proposals. The procedures shall provide for

the expeditious referral of such proposals to a Panel for

preliminary evaluation under this subsection.

(3) The Under Secretary shall issue on an annual basis not less

than one such broad agency announcement inviting interested parties

to submit challenge proposals. Such announcements may also

identify particular technology areas and acquisition programs that

will be given priority in the evaluation of challenge proposals.

(4) Under procedures established by the Under Secretary, a Panel

shall carry out a preliminary evaluation of each challenge proposal

submitted in response to a broad agency announcement, or submitted

through the unsolicited proposal process and identified as a

challenge proposal in accordance with paragraph (2), to determine

each of the following:

(A) Whether the challenge proposal has merit.

(B) Whether the challenge proposal is likely to result in

improvements in performance, affordability, manufacturability, or

operational capability at the component, subsystem, or system

level of an acquisition program.

(C) Whether the challenge proposal could be implemented in the

acquisition program rapidly, at an acceptable cost, and without

unacceptable disruption to the acquisition program.

(5) The Under Secretary may establish procedures to ensure that

the Challenge Program does not become an avenue for the repetitive

submission of proposals that have been previously reviewed and

found not to have merit.

(6) If a Panel determines that a challenge proposal satisfies

each of the criteria specified in paragraph (4), the person or

activity submitting that challenge proposal shall be provided an

opportunity to submit such challenge proposal for a full review and

evaluation under subsection (d).

(d) Full Review and Evaluation. - (1) Under procedures prescribed

by the Under Secretary, for each challenge proposal submitted for a

full review and evaluation as provided in subsection (c)(6), the

office carrying out the acquisition program to which the proposal

relates shall, in consultation with the prime system contractor

carrying out such program, conduct a full review and evaluation of

the proposal.

(2) The full review and evaluation shall, independent of the

determination of a Panel under subsection (c)(4), determine each of

the matters specified in subparagraphs (A), (B), and (C) of such

subsection. The full review and evaluation shall also include -

(A) an assessment of the cost of adopting the challenge

proposal and implementing it in the acquisition program; and

(B) consideration of any intellectual property issues

associated with the challenge proposal.

(e) Action Upon Favorable Full Review and Evaluation. - (1) Under

procedures prescribed by the Under Secretary, each challenge

proposal determined under a full review and evaluation to satisfy

each of the criteria specified in subsection (c)(4) with respect to

an acquisition program shall be considered by the office carrying

out the applicable acquisition program and the prime system

contractor for incorporation into the acquisition program as a new

technology insertion at the component, subsystem, or system level.

(2) The Under Secretary shall encourage the adoption of each

challenge proposal referred to in paragraph (1) by providing

suitable incentives to the office carrying out the acquisition

program and the prime system contractor carrying out such program.

(f) Access to Technical Resources. - (1) Under procedures

established by the Under Secretary, the technical resources of the

laboratories, research, development, and engineering centers, test

and evaluation activities, and other elements of the Department may

be called upon to support the activities of the Challenge Program.

(2) Funds available to carry out this program may be used to

compensate such laboratories, centers, activities, and elements for

technical assistance provided to a Panel pursuant to paragraph (1).

(g) Elimination of Conflicts of Interest. - In carrying out each

preliminary evaluation under subsection (c) and full review under

subsection (d), the Under Secretary shall ensure the elimination of

conflicts of interest.

(h) Limitation on Use of Funds. - Funds made available for the

Challenge Program may be used only for activities authorized by

this section, and not for implementation of challenge proposals.

(i) Annual Report. - The Under Secretary shall submit an annual

report on the Challenge Program to Congress. The report shall be

submitted at the same time as the President submits the budget for

a fiscal year to Congress under section 1105(a) of title 31, and

shall cover the conduct of the Challenge Program for the preceding

fiscal year. The report shall include the number and scope of

challenge proposals submitted, preliminarily evaluated, subjected

to full review and evaluation, and adopted. No report is required

for a fiscal year in which the Challenge Program is not carried

out.

(j) Termination of Authority. - The Secretary may not carry out

the Challenge Program under this section after September 30, 2007.

-SOURCE-

(Added Pub. L. 107-314, div. A, title II, Sec. 243(a), Dec. 2,

2002, 116 Stat. 2495.)

-CITE-

10 USC Sec. 2360 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2360. Research and development laboratories: contracts for

services of university students

-STATUTE-

(a) Subject to the availability of appropriations for such

purpose, the Secretary of Defense may procure by contract under the

authority of this section the temporary or intermittent services of

students at institutions of higher learning for the purpose of

providing technical support at defense research and development

laboratories. Such contracts may be made directly with such

students or with nonprofit organizations employing such students.

(b) Students providing services pursuant to a contract made under

subsection (a) shall be considered to be employees for the purposes

of chapter 81 of title 5, relating to compensation for work

injuries, and to be employees of the government for the purposes of

chapter 171 of title 28, relating to tort claims. Such students

who are not otherwise employed by the Federal Government shall not

be considered to be Federal employees for any other purpose.

(c) The Secretary of Defense shall prescribe regulations to carry

out this section. Such regulations shall include definitions for

the purposes of this section of the terms ''student'',

''institution of higher learning'', and ''nonprofit organization''.

-SOURCE-

(Added Pub. L. 97-86, title VI, Sec. 603(a), Dec. 1, 1981, 95 Stat.

1110.)

-CITE-

10 USC Sec. 2361 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2361. Award of grants and contracts to colleges and

universities: requirement of competition

-STATUTE-

(a) The Secretary of Defense may not make a grant or award a

contract to a college or university for the performance of research

and development, or for the construction of any research or other

facility, unless -

(1) in the case of a grant, the grant is made using competitive

procedures; and

(2) in the case of a contract, the contract is awarded in

accordance with section 2304 of this title (other than pursuant

to subsection (c)(5) of that section).

(b)(1) A provision of law may not be construed as modifying or

superseding the provisions of subsection (a), or as requiring funds

to be made available by the Secretary of Defense to a particular

college or university by grant or contract, unless that provision

of law -

(A) specifically refers to this section;

(B) specifically states that such provision of law modifies or

supersedes the provisions of this section; and

(C) specifically identifies the particular college or

university involved and states that the grant to be made or the

contract to be awarded, as the case may be, pursuant to such

provision of law is being made or awarded in contravention of

subsection (a).

(2) A grant may not be made, or a contract awarded, pursuant to a

provision of law that authorizes or requires the making of the

grant, or the awarding of the contract, in a manner that is

inconsistent with subsection (a) until -

(A) the Secretary of Defense submits to Congress a notice in

writing of the intent to make the grant or award the contract;

and

(B) a period of 180 days has elapsed after the date on which

the notice is received by Congress.

-SOURCE-

(Added Pub. L. 100-456, div. A, title II, Sec. 220(a), Sept. 29,

1988, 102 Stat. 1940; amended Pub. L. 101-189, div. A, title II,

Sec. 252(a), (b)(1), (c)(1), Nov. 29, 1989, 103 Stat. 1404, 1405;

Pub. L. 101-510, div. A, title XIII, Sec. 1311(4), Nov. 5, 1990,

104 Stat. 1669; Pub. L. 103-35, title II, Sec. 201(g)(5), May 31,

1993, 107 Stat. 100; Pub. L. 103-160, div. A, title VIII, Sec.

821(b), Nov. 30, 1993, 107 Stat. 1704; Pub. L. 103-337, div. A,

title VIII, Sec. 813, Oct. 5, 1994, 108 Stat. 2816; Pub. L.

104-106, div. A, title II, Sec. 264, title XV, Sec. 1502(a)(1),

Feb. 10, 1996, 110 Stat. 237, 502; Pub. L. 104-201, div. A, title

II, Sec. 265, Sept. 23, 1996, 110 Stat. 2466.)

-MISC1-

PRIOR PROVISIONS

A prior section 2361 was renumbered section 2351 of this title.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-201 struck out subsec. (c) which

read as follows:

''(1) The Secretary of Defense shall submit to the Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives an annual report on the use of

competitive procedures for the award of research and development

contracts, and the award of construction contracts, to colleges and

universities. Each such report shall include -

''(A) a list of each college and university that, during the

period covered by the report, received more than $1,000,000 in

such contracts through the use of procedures other than

competitive procedures; and

''(B) the cumulative amount of such contracts received during

that period by each such college and university.

''(2) Each report under paragraph (1) shall cover the preceding

fiscal year and shall be submitted not later than February 1 of the

fiscal year after the fiscal year covered by the report.''

Subsec. (c)(1). Pub. L. 104-106, Sec. 1502(a)(1), substituted

''Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives'' for

''Committees on Armed Services of the Senate and House of

Representatives''.

Subsec. (c)(2). Pub. L. 104-106, Sec. 264, substituted

''preceding fiscal year'' for ''preceding calendar year'' and ''the

fiscal year after the fiscal year'' for ''the year after the

year''.

1994 - Subsec. (c). Pub. L. 103-337 added subsec. (c).

1993 - Subsec. (b)(2). Pub. L. 103-35 substituted

''inconsistent'' for ''inconsisent''.

Subsec. (c). Pub. L. 103-160 struck out subsec. (c) which read as

follows:

''(1) The Secretary of Defense shall submit to the Committees on

Armed Services of the Senate and House of Representatives an annual

report on the use of competitive procedures for the award of

research and development contracts, and the award of construction

contracts, to colleges and universities. Each such report shall

include -

''(A) a list of each college and university that, during the

period covered by the report, received more than $1,000,000 in

such contracts through the use of procedures other than

competitive procedures; and

''(B) the cumulative amount of such contracts received during

that period by each such college and university.

''(2) The reports under paragraph (1) shall cover the preceding

calendar year and shall be submitted not later than February 1 of

the year after the year covered by the report.

''(3) A report is not required under paragraph (1) for any period

beginning after December 31, 1993.''

1990 - Subsec. (c)(1). Pub. L. 101-510, Sec. 1311(4)(A),

substituted ''an annual report'' for ''a semiannual report'' in

introductory provisions.

Subsec. (c)(2). Pub. L. 101-510, Sec. 1311(4)(B), substituted

''the preceding calendar year and shall be submitted not later than

February 1 of the year after the year covered by the report'' for

''the six-month periods ending on June 30 and December 31 of each

year. Each such report shall be submitted within 30 days after the

end of the period covered by the report''.

1989 - Subsec. (a). Pub. L. 101-189, Sec. 252(a), substituted

''unless - '' for ''unless'' and pars. (1) and (2) for ''the grant

or contract is made or awarded using competitive procedures.''

Subsec. (b). Pub. L. 101-189, Sec. 252(b)(1), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''A

provision of law enacted after the date of the enactment of this

section may not be construed as modifying or superseding the

provisions of subsection (a) unless that provision of law

specifically refers to this section and specifically states that

such provision of law modifies or supersedes the provisions of this

section.''

Subsec. (c). Pub. L. 101-189, Sec. 252(c)(1), added subsec. (c).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 821(b) of Pub. L. 103-160 provided that the amendment

made by that section is effective Feb. 1, 1994.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 252(b)(2) of Pub. L. 101-189 provided that: ''Subsection

(b) of section 2361 of title 10, United States Code, as amended by

paragraph (1), applies with respect to any provision of law enacted

after September 30, 1989.''

EFFECTIVE DATE

Section 220(c) of Pub. L. 100-456 provided that: ''The limitation

specified in section 2361(a) of title 10, United States Code (as

added by subsection (a)), on the authority of the Secretary of

Defense to make grants and award contracts shall take effect on

October 1, 1989.''

INITIAL REPORT ON USE OF COMPETITIVE PROCEDURES IN AWARDING

CONTRACTS

Section 252(c)(2) of Pub. L. 101-189 required that first report

under subsec. (c) of this section cover last six months of 1989 and

be submitted not later than Feb. 1, 1990.

-CITE-

10 USC Sec. 2362 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2362. Repealed. Pub. L. 103-160, div. A, title VIII, Sec.

821(a)(3), Nov. 30, 1993, 107 Stat. 1704)

-MISC1-

Section, added Pub. L. 99-145, title I, Sec. 123(a)(1), Nov. 8,

1985, 99 Stat. 599; amended Pub. L. 99-433, title I, Sec.

110(g)(4), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100-26, Sec.

7(k)(2), Apr. 21, 1987, 101 Stat. 284, related to testing

requirements for wheeled or tracked armored vehicles.

-CITE-

10 USC Sec. 2363 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2363. Repealed. Pub. L. 102-484, div. D, title XLII, Sec.

4224(c), 4271(a)(2), Oct. 23, 1992, 106 Stat. 2683, 2695)

-MISC1-

Section, added Pub. L. 99-145, title XIV, Sec. 1457(a), Nov. 8,

1985, 99 Stat. 762, related to encouragement of technology

transfer. See section 2514 of this title.

-CITE-

10 USC Sec. 2364 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2364. Coordination and communication of defense research

activities

-STATUTE-

(a) Coordination of Department of Defense Technological Data. -

The Secretary of Defense shall promote, monitor, and evaluate

programs for the communication and exchange of technological data -

(1) among the Defense research facilities, combatant commands,

and other organizations that are involved in developing for the

Department of Defense the technological requirements for new

items for use by combat forces; and

(2) among Defense research facilities and other offices,

agencies, and bureaus in the Department that are engaged in

related technological matters.

(b) Functions of Defense Research Facilities. - The Secretary of

Defense shall ensure, to the maximum extent practicable -

(1) that Defense research facilities are assigned broad mission

requirements rather than specific hardware needs;

(2) that appropriate personnel of such facilities are assigned

to serve as consultants on component and support system

standardization;

(3) that the managers of such facilities have broad latitude to

choose research and development projects;

(4) that technology position papers prepared by Defense

research facilities are readily available to all combatant

commands and to contractors who submit bids or proposals for

Department of Defense contracts; and

(5) that, in order to promote increased consideration of

technological issues early in the development process, any

position paper prepared by a Defense research facility on a

technological issue relating to a major weapon system, and any

technological assessment made by such facility in the case of

such component, is made a part of the records considered for the

purpose of making acquisition program decisions.

(c) Definitions. - In this section:

(1) The term ''Defense research facility'' means a Department

of Defense facility which performs or contracts for the

performance of -

(A) basic research; or

(B) applied research known as exploratory development.

(2) The term ''acquisition program decision'' has the meaning

prescribed by the Secretary of Defense in regulations.''

-SOURCE-

(Added Pub. L. 99-661, div. A, title II, Sec. 234(c)(1), Nov. 14,

1986, 100 Stat. 3848; amended Pub. L. 100-26, Sec. 3(1)(A),

7(a)(9), Apr. 21, 1987, 101 Stat. 273, 278; Pub. L. 100-180, div.

A, title XII, Sec. 1231(10)(A), (B), Dec. 4, 1987, 101 Stat. 1160;

Pub. L. 104-106, div. A, title VIII, Sec. 805, Feb. 10, 1996, 110

Stat. 390.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(5). Pub. L. 104-106, Sec. 805(1), substituted

''acquisition program'' for ''milestone O, milestone I, and

milestone II''.

Subsec. (c)(2) to (4). Pub. L. 104-106, Sec. 805(2), added par.

(2) and struck out former pars. (2) to (4) which read as follows:

''(2) The term 'milestone O decision' means the decision made

within the Department of Defense that there is a mission need for a

new major weapon system and that research and development is to

begin to meet such need.

''(3) The term 'milestone I decision' means the decision by an

appropriate official of the Department of Defense selecting a new

major weapon system concept and a program for demonstration and

validation of such concept.

''(4) The term 'milestone II decision' means the decision by an

appropriate official of the Department of Defense approving the

full-scale development of a new major weapon system.''

1987 - Pub. L. 100-26, Sec. 3(1)(A), made technical amendment to

directory language of section 234(c)(1) of Pub. L. 99-661, which

enacted this section.

Pub. L. 100-180, Sec. 1231(10)(B), substituted ''defense'' for

''Defense'' in section catchline.

Subsec. (b)(5). Pub. L. 100-180, Sec. 1231(10)(A), substituted

''milestone O, milestone I, and milestone II decisions'' for

''milestone O, I, and II decisions''.

Subsec. (c)(2). Pub. L. 100-26, Sec. 7(a)(9)(A), substituted

''the decision'' for ''a decision''.

Subsec. (c)(3). Pub. L. 100-26, Sec. 7(a)(9)(B), substituted

''the decision by an appropriate official of the Department of

Defense selecting'' for ''(a)/(the) selection by an appropriate

official of the Department of Defense of''.

Subsec. (c)(4). Pub. L. 100-26, Sec. 7(a)(9)(C), substituted

''the decision by an appropriate official of the Department of

Defense approving'' for ''approval by an appropriate official of

the Department of Defense for''.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 3(1)(A) of Pub. L. 100-26 applicable as if

included in Pub. L. 99-661 when enacted on Nov. 14, 1986, see

section 12(a) of Pub. L. 100-26, set out as a note under section

776 of this title.

PERFORMANCE REVIEW PROCESS

Pub. L. 106-65, div. A, title IX, Sec. 913(b), Oct. 5, 1999, 113

Stat. 720, provided that: ''Not later than 180 days after the date

of the enactment of this Act (Oct. 5, 1999), the Secretary of

Defense shall develop an appropriate performance review process for

rating the quality and relevance of work performed by the

Department of Defense laboratories. The process shall include

customer evaluation and peer review by Department of Defense

personnel and appropriate experts from outside the Department of

Defense. The process shall provide for rating all laboratories of

the Army, Navy, and Air Force on a consistent basis.''

COORDINATION OF HIGH-TEMPERATURE SUPERCONDUCTIVITY RESEARCH AND

DEVELOPMENT

Section 218(b)(2) of Pub. L. 100-180, as amended by Pub. L.

100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub.

L. 103-160, div. A, title IX, Sec. 904(f), Nov. 30, 1993, 107

Stat. 1729; Pub. L. 106-65, div. A, title IX, Sec. 911(a)(1), Oct.

5, 1999, 113 Stat. 717, provided that: ''The Secretary of Defense,

acting through the Under Secretary of Defense for Acquisition,

Technology, and Logistics, shall -

''(A) coordinate the research and development activities of the

Department of Defense relating to high-temperature

superconductivity; and

''(B) ensure that such research and development -

''(i) is carried out in coordination with the

high-temperature superconductivity research and development

activities of the Department of Energy (including the national

laboratories of the Department of Energy), the National Science

Foundation, the National Institute of Standards and Technology,

and the National Aeronautics and Space Administration; and

''(ii) complements rather than duplicates such activities.''

COORDINATION OF RESEARCH ACTIVITIES OF DEPARTMENT OF DEFENSE

Section 234(a), (b) of Pub. L. 99-661 provided that:

''(a) Purpose. - The purpose of this section is to strengthen

coordination among Department of Defense research facilities and

other organizations in the Department of Defense.

''(b) Findings. - The Congress finds that centralized

coordination of the collection and dissemination of technological

data among research facilities and other organizations within the

Department of Defense is necessary -

''(1) to ensure that personnel of the Department are currently

informed about emerging technology for defense systems; and

''(2) to avoid unnecessary and costly duplication of research

staffs and projects.''

-CITE-

10 USC Sec. 2365 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2365. Repealed. Pub. L. 102-484, div. A, title VIII, Sec.

821(c)(1), Oct. 23, 1992, 106 Stat. 2460)

-MISC1-

Section, added Pub. L. 99-500, Sec. 101(c) (title X, Sec.

909(a)(1), formerly Sec. 909(a)), Oct. 18, 1986, 100 Stat. 1783-82,

1783-142, and Pub. L. 99-591, Sec. 101(c) (title X, Sec. 909(a)(1),

formerly Sec. 909(a)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-142,

redesignated Sec. 909(a)(1), Pub. L. 100-26, Sec. 4(b), Apr. 21,

1987, 101 Stat. 274; Pub. L. 99-661, div. A, title IX, formerly

title IV, Sec. 909(a)(1), Nov. 14, 1986, 100 Stat. 3921, renumbered

title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273;

Pub. L. 100-26, Sec. 5(3)(A), Apr. 21, 1987, 101 Stat. 274; Pub. L.

100-456, div. A, title VIII, Sec. 802, Sept. 29, 1988, 102 Stat.

2008, required use of competitive prototype program strategy in

development of major weapons systems.

-CITE-

10 USC Sec. 2366 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2366. Major systems and munitions programs: survivability

testing and lethality testing required before full-scale

production

-STATUTE-

(a) Requirements. - (1) The Secretary of Defense shall provide

that -

(A) a covered system may not proceed beyond low-rate initial

production until realistic survivability testing of the system is

completed in accordance with this section and the report required

by subsection (d) with respect to that testing is submitted in

accordance with that subsection; and

(B) a major munition program or a missile program may not

proceed beyond low-rate initial production until realistic

lethality testing of the program is completed in accordance with

this section and the report required by subsection (d) with

respect to that testing is submitted in accordance with that

subsection.

(2) The Secretary of Defense shall provide that a covered product

improvement program may not proceed beyond low-rate initial

production until -

(A) in the case of a product improvement to a covered system,

realistic survivability testing is completed in accordance with

this section; and

(B) in the case of a product improvement to a major munitions

program or a missile program, realistic lethality testing is

completed in accordance with this section.

(b) Test Guidelines. - (1) Survivability and lethality tests

required under subsection (a) shall be carried out sufficiently

early in the development phase of the system or program (including

a covered product improvement program) to allow any design

deficiency demonstrated by the testing to be corrected in the

design of the system, munition, or missile (or in the product

modification or upgrade to the system, munition, or missile) before

proceeding beyond low-rate initial production.

(2) The costs of all tests required under that subsection shall

be paid from funds available for the system being tested.

(c) Waiver Authority. - (1) The Secretary of Defense may waive

the application of the survivability and lethality tests of this

section to a covered system, munitions program, missile program, or

covered product improvement program if the Secretary determines

that live-fire testing of such system or program would be

unreasonably expensive and impractical and submits a certification

of that determination to Congress -

(A) before Milestone B approval for the system or program; or

(B) in the case of a system or program initiated at -

(i) Milestone B, as soon as is practicable after the

Milestone B approval; or

(ii) Milestone C, as soon as is practicable after the

Milestone C approval.

(2) In the case of a covered system (or covered product

improvement program for a covered system), the Secretary may waive

the application of the survivability and lethality tests of this

section to such system or program and instead allow testing of the

system or program in combat by firing munitions likely to be

encountered in combat at components, subsystems, and subassemblies,

together with performing design analyses, modeling and simulation,

and analysis of combat data. Such alternative testing may not be

carried out in the case of any covered system (or covered product

improvement program for a covered system) unless the Secretary

certifies to Congress, before the system or program enters system

development and demonstration, that the survivability and lethality

testing of such system or program otherwise required by this

section would be unreasonably expensive and impracticable.

(3) The Secretary shall include with any certification under

paragraph (1) or (2) a report explaining how the Secretary plans to

evaluate the survivability or the lethality of the system or

program and assessing possible alternatives to realistic

survivability testing of the system or program.

(4) In time of war or mobilization, the President may suspend the

operation of any provision of this section.

(d) Reporting to Congress. - At the conclusion of survivability

or lethality testing under subsection (a), the Secretary of Defense

shall submit a report on the testing to the congressional defense

committees. Each such report shall describe the results of the

survivability or lethality testing and shall give the Secretary's

overall assessment of the testing.

(e) Definitions. - In this section:

(1) The term ''covered system'' means a vehicle, weapon

platform, or conventional weapon system -

(A) that includes features designed to provide some degree of

protection to users in combat; and

(B) that is a major system within the meaning of that term in

section 2302(5) of this title.

(2) The term ''major munitions program'' means -

(A) a munition program for which more than 1,000,000 rounds

are planned to be acquired; or

(B) a conventional munitions program that is a major system

within the meaning of that term in section 2302(5) of this

title.

(3) The term ''realistic survivability testing'' means, in the

case of a covered system (or a covered product improvement

program for a covered system), testing for vulnerability of the

system in combat by firing munitions likely to be encountered in

combat (or munitions with a capability similar to such munitions)

at the system configured for combat, with the primary emphasis on

testing vulnerability with respect to potential user casualties

and taking into equal consideration the susceptibility to attack

and combat performance of the system.

(4) The term ''realistic lethality testing'' means, in the case

of a major munitions program or a missile program (or a covered

product improvement program for such a program), testing for

lethality by firing the munition or missile concerned at

appropriate targets configured for combat.

(5) The term ''configured for combat'', with respect to a

weapon system, platform, or vehicle, means loaded or equipped

with all dangerous materials (including all flammables and

explosives) that would normally be on board in combat.

(6) The term ''covered product improvement program'' means a

program under which -

(A) a modification or upgrade will be made to a covered

system which (as determined by the Secretary of Defense) is

likely to affect significantly the survivability of such

system; or

(B) a modification or upgrade will be made to a major

munitions program or a missile program which (as determined by

the Secretary of Defense) is likely to affect significantly the

lethality of the munition or missile produced under the

program.

(7) The term ''congressional defense committees'' means -

(A) the Committee on Armed Services and the Committee on

Appropriations of the Senate; and

(B) the Committee on Armed Services and the Committee on

Appropriations of the House of Representatives.

(8) The term ''Milestone B approval'' means a decision to enter

into system development and demonstration pursuant to guidance

prescribed by the Secretary of Defense for the management of

Department of Defense acquisition programs.

(9) The term ''Milestone C approval'' means a decision to enter

into production and deployment pursuant to guidance prescribed by

the Secretary of Defense for the management of Department of

Defense acquisition programs.

-SOURCE-

(Added Pub. L. 99-500, Sec. 101(c) (title X, Sec. 910(a)(1)), Oct.

18, 1986, 100 Stat. 1783-82, 1783-143, and Pub. L. 99-591, Sec.

101(c) (title X, Sec. 910(a)(1)), Oct. 30, 1986, 100 Stat. 3341-82,

3341-143; Pub. L. 99-661, div. A, title IX, formerly title IV,

Sec. 910(a)(1), Nov. 14, 1986, 100 Stat. 3923, renumbered title IX,

Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; amended

Pub. L. 100-180, div. A, title VIII, Sec. 802, title XII, Sec.

1231(11), Dec. 4, 1987, 101 Stat. 1123, 1160; Pub. L. 100-456,

div. A, title XII, Sec. 1233(l)(3), Sept. 29, 1988, 102 Stat.

2058; Pub. L. 101-189, div. A, title VIII, Sec. 802(c)(1)-(4)(A),

804, Nov. 29, 1989, 103 Stat. 1486, 1488; Pub. L. 101-510, div. A,

title XIV, Sec. 1484(h)(7), Nov. 5, 1990, 104 Stat. 1718; Pub. L.

103-160, div. A, title VIII, Sec. 828(d)(2), Nov. 30, 1993, 107

Stat. 1715; Pub. L. 103-355, title III, Sec. 3014, Oct. 13, 1994,

108 Stat. 3332; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(18), Feb. 10, 1996, 110 Stat. 504; Pub. L. 106-65, div. A,

title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L.

107-107, div. A, title VIII, Sec. 821(a), Dec. 28, 2001, 115 Stat.

1181; Pub. L. 107-314, div. A, title VIII, Sec. 818, Dec. 2, 2002,

116 Stat. 2611.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 added

identical sections.

-MISC3-

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-314, Sec. 818(a), amended par.

(1) generally. Prior to amendment par. (1) read as follows: ''The

Secretary of Defense may waive the application of the survivability

and lethality tests of this section to a covered system, munitions

program, missile program, or covered product improvement program if

the Secretary, before the system or program enters system

development and demonstration, certifies to Congress that live-fire

testing of such system or program would be unreasonably expensive

and impractical.''

Subsec. (e)(8), (9). Pub. L. 107-314, Sec. 818(b), added pars.

(8) and (9).

2001 - Subsec. (c)(1), (2). Pub. L. 107-107 substituted ''system

development and demonstration'' for ''engineering and manufacturing

development''.

1999 - Subsec. (e)(7)(B). Pub. L. 106-65 substituted ''Committee

on Armed Services'' for ''Committee on National Security''.

1996 - Subsec. (d). Pub. L. 104-106, Sec. 1502(a)(18)(A),

substituted ''the congressional defense committees'' for ''the

Committees on Armed Services and on Appropriations of the Senate

and House of Representatives''.

Subsec. (e)(7). Pub. L. 104-106, Sec. 1502(a)(18)(B), added par.

(7).

1994 - Subsec. (c)(1). Pub. L. 103-355, Sec. 3014(a)(2), (b),

substituted ''engineering and manufacturing development'' for

''full-scale entgineering development'' in first sentence and

redesignated second sentence as par. (3).

Subsec. (c)(2). Pub. L. 103-355, Sec. 3014(a)(1), (3), added par.

(2) and redesignated former par. (2) as (4).

Subsec. (c)(3). Pub. L. 103-355, Sec. 3014(a)(2), redesignated

second sentence of par. (1) as par. (3) and substituted

''certification under paragraph (1) or (2)'' for ''such

certification''.

Subsec. (c)(4). Pub. L. 103-355, Sec. 3014(a)(1), redesignated

par. (2) as (4).

1993 - Subsec. (d). Pub. L. 103-160 substituted ''to the

Committees on Armed Services and on Appropriations of the Senate

and House of Representatives'' for ''to the defense committees of

Congress (as defined in section 2362(e)(3) of this title)''.

1990 - Subsec. (a)(1)(A), (B). Pub. L. 101-510 made technical

correction to directory language of Pub. L. 101-189, Sec. 804(a),

see 1989 Amendment note below.

1989 - Pub. L. 101-189, Sec. 802(c)(4)(A), substituted ''testing

and lethality testing required before full-scale production'' for

''and lethality testing; operational testing'' in section

catchline.

Subsec. (a)(1)(A). Pub. L. 101-189, Sec. 802(c)(1)(A), 804(a), as

amended by Pub. L. 101-510, substituted ''this section and the

report required by subsection (d) with respect to that testing is

submitted in accordance with that subsection; and'' for ''this

section;''.

Subsec. (a)(1)(B). Pub. L. 101-189, Sec. 802(c)(1)(B), 804(a), as

amended by Pub. L. 101-510, substituted ''this section and the

report required by subsection (d) with respect to that testing is

submitted in accordance with that subsection.'' for ''this section;

and''.

Subsec. (a)(1)(C). Pub. L. 101-189, Sec. 802(c)(1)(C), struck out

subpar. (C) which read as follows: ''a major defense acquisition

program may not proceed beyond low-rate initial production until

initial operational test and evaluation of the program is completed

in accordance with this section.''

Subsec. (b)(2), (3). Pub. L. 101-189, Sec. 802(c)(2),

redesignated par. (3) as (2) and struck out former par. (2) which

read as follows: ''In the case of a major defense acquisition

program, no person employed by the contractor for the system being

tested may be involved in the conduct of the operational test and

evaluation required under subsection (a). The limitation in the

preceding sentence does not apply to the extent that the Secretary

of Defense plans for persons employed by that contractor to be

involved in the operation, maintenance, and support of the system

being tested when the system is deployed in combat.''

Subsec. (d). Pub. L. 101-189, Sec. 804(b), inserted at end ''Each

such report shall describe the results of the survivability or

lethality testing and shall give the Secretary's overall assessment

of the testing.''

Subsec. (e)(3) to (8). Pub. L. 101-189, Sec. 802(c)(3),

redesignated pars. (4), (5), (6), and (8) as (3), (4), (5), and

(6), respectively, and struck out former par. (3) which defined

''major defense acquisition program'' and former par. (7) which

defined ''operational test and evaluation''.

1988 - Subsec. (a)(2). Pub. L. 100-456 made technical correction

to directory language of Pub. L. 100-180, Sec. 802(a)(1)(C). See

1987 Amendment note below.

1987 - Subsec. (a). Pub. L. 100-180, Sec. 802(a)(1), as amended

by Pub. L. 100-456, designated existing provisions as par. (1),

redesignated former pars. (1) to (3) as subpars. (A) to (C), and

added par. (2).

Subsec. (b)(1). Pub. L. 100-180, Sec. 802(a)(2), inserted

''(including a covered product improvement program)'' after

''system or program'' and ''(or in the product modification or

upgrade to the system, munition, or missile)'' after ''or

missile''.

Subsec. (b)(2). Pub. L. 100-180, Sec. 802(b), inserted at end

''The limitation in the preceding sentence does not apply to the

extent that the Secretary of Defense plans for persons employed by

that contractor to be involved in the operation, maintenance, and

support of the system being tested when the system is deployed in

combat.''

Subsec. (c). Pub. L. 100-180, Sec. 802(a)(3), (c), (d)(1),

designated existing provisions as par. (1), substituted ''missile

program, or covered product improvement program'' for ''or missile

program'', and inserted at end ''The Secretary shall include with

any such certification a report explaining how the Secretary plans

to evaluate the survivability or the lethality of the system or

program and assessing possible alternatives to realistic

survivability testing of the system or program.''

Pub. L. 100-180, Sec. 802(d)(2), designated existing provisions

of former subsec. (d) as par. (2) of subsec. (c) and struck out

heading of former subsec. (d) ''Waiver in time of war or

mobilization''.

Subsec. (d). Pub. L. 100-180, Sec. 802(d)(3), added subsec. (d).

Former subsec. (d) redesignated subsec. (c)(2).

Subsec. (e)(1)(B). Pub. L. 100-180, Sec. 1231(11), substituted

''section 2302(5)'' for ''section 2303(5)''.

Subsec. (e)(4). Pub. L. 100-180, Sec. 802(a)(4)(A), (e), inserted

''(or a covered product improvement program for a covered system)''

after ''covered system'', struck out ''and survivability'' after

''for vulnerability'', and substituted ''susceptibility to attack''

for ''operational requirements''.

Subsec. (e)(5). Pub. L. 100-180, Sec. 802(a)(4)(B), inserted

''(or a covered product improvement program for such a program)''

after ''missile program''.

Subsec. (e)(8). Pub. L. 100-180, Sec. 802(a)(4)(C), added par.

(8).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1233(l)(5) of Pub. L. 100-456 provided that: ''The

amendments made by this subsection (amending this section and

sections 2435 and 8855 of this title and section 301c of Title 37,

Pay and Allowances of the Uniformed Services) shall apply as if

included in the enactment of Public Law 100-180.''

EFFECTIVE DATE

Section 101(c) (title X, Sec. 910(b)) of Pub. L. 99-500 and Pub.

L. 99-591, and section 910(b) of title IX, formerly title IV, of

Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, Sec. 3(5),

Apr. 21, 1987, 101 Stat. 273, provided that: ''Section 2366 of

title 10, United States Code (as added by subsection (a)), shall

apply with respect to any decision to proceed with a program beyond

low-rate initial production that is made -

''(1) after May 31, 1987, in the case of a decision referred to

in subsection (a)(1) or (a)(2) of such section; or

''(2) after the date of the enactment of this Act (Oct. 18,

1986), in the case of a decision referred to in subsection (a)(3)

of such section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 139 of this title.

-CITE-

10 USC Sec. 2367 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2367. Use of federally funded research and development centers

-STATUTE-

(a) Limitation on Use of Centers. - Except as provided in

subsection (b), the Secretary of Defense may not place work with a

federally funded research and development center unless such work

is within the purpose, mission, and general scope of effort of such

center as established in the sponsoring agreement of the Department

of Defense with such center.

(b) Exception for Applied Scientific Research. - This section

does not apply to a federally funded research and development

center that performs applied scientific research under laboratory

conditions.

(c) Limitation on Creation of New Centers. - (1) The head of an

agency may not obligate or expend amounts appropriated to the

Department of Defense for purposes of operating a federally funded

research center that was not in existence before June 2, 1986,

until -

(A) the head of the agency submits to Congress a report with

respect to such center that describes the purpose, mission, and

general scope of effort of the center; and

(B) a period of 60 days beginning on the date such report is

received by Congress has elapsed.

(2) In this subsection, the term ''head of an agency'' has the

meaning given such term in section 2302(1) of this title.

(d) Identification to Congress of FFRDC Workload Effort. - After

the close of a fiscal year, and not later than January 1 of the

next year, the Secretary shall submit to the Committee on Armed

Services and the Committee on Appropriations of the Senate and the

Committee on Armed Services and the Committee on Appropriations of

the House of Representatives a report setting forth the actual

obligations and the actual man-years of effort expended at each

federally funded research and development center during that fiscal

year.

-SOURCE-

(Added Pub. L. 99-500, Sec. 101(c) (title X, Sec. 912(a)(1)), Oct.

18, 1986, 100 Stat. 1783-82, 1783-146, and Pub. L. 99-591, Sec.

101(c) (title X, Sec. 912(a)(1)), Oct. 30, 1986, 100 Stat. 3341-82,

3341-146; Pub. L. 99-661, div. A, title IX, formerly title IV,

Sec. 912(a)(1), Nov. 14, 1986, 100 Stat. 3925, renumbered title IX,

Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; amended

Pub. L. 102-190, div. A, title II, Sec. 256(a)(1), Dec. 5, 1991,

105 Stat. 1330; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(9), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106-65, div. A,

title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L.

107-314, div. A, title X, Sec. 1041(a)(12), Dec. 2, 2002, 116

Stat. 2645.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 added

identical sections.

-MISC3-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-314, Sec. 1041(a)(12), struck out

designations for pars. (1) and (2) and text of par. (1). Prior to

amendment par. (1) read as follows: ''In the documents provided to

Congress by the Secretary of Defense in support of the budget

submitted by the President under section 1105 of title 31 for any

fiscal year, the Secretary shall set forth the proposed amount of

the man-years of effort to be funded by the Department of Defense

for each federally funded research and development center for the

fiscal year covered by that budget.''

1999 - Subsec. (d)(2). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (d)(2). Pub. L. 104-106 substituted ''the

Committee on Armed Services and the Committee on Appropriations of

the Senate and the Committee on National Security and the Committee

on Appropriations of the'' for ''the Committees on Armed Services

and the Committees on Appropriations of the Senate and''.

1991 - Subsec. (d). Pub. L. 102-190 added subsec. (d).

EFFECTIVE DATE OF 1991 AMENDMENT

Section 256(a)(2) of Pub. L. 102-190 provided that:

''(A) Paragraph (1) of subsection (d) of section 2367 of title

10, United States Code, as added by paragraph (1), shall take

effect with respect to the budget submitted for fiscal year 1994.

''(B) Paragraph (2) of such subsection shall take effect with

respect to fiscal year 1992.''

GAO STUDY; REPORT

Section 101(c) (title X, Sec. 912(b), (c)) of Pub. L. 99-500 and

Pub. L. 99-591, and section 912(b), (c) of title IX, formerly title

IV, of Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, Sec.

3(5), Apr. 21, 1987, 101 Stat. 273, directed Comptroller General to

conduct a study of national defense role of federally funded

research and development centers and submit a report to Congress

not later than one year after Oct. 18, 1986.

-CITE-

10 USC Sec. 2368 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2368. Repealed. Pub. L. 102-190, div. A, title VIII, Sec.

821(c)(1), Dec. 5, 1991, 105 Stat. 1431)

-MISC1-

Section, added Pub. L. 100-456, div. A, title VIII, Sec.

823(a)(1), Sept. 29, 1988, 102 Stat. 2018; amended Pub. L. 101-189,

div. A, title VIII, Sec. 841(c)(1), Nov. 29, 1989, 103 Stat. 1514;

Pub. L. 102-25, title VII, Sec. 701(g)(1), Apr. 6, 1991, 105 Stat.

115, authorized studies in fields of research and development

essential to development of critical technologies.

-CITE-

10 USC Sec. 2369 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2369. Repealed. Pub. L. 103-355, title III, Sec. 3062(a),

Oct. 13, 1994, 108 Stat. 3336)

-MISC1-

Section, added Pub. L. 100-456, div. A, title VIII, Sec. 842(a),

Sept. 29, 1988, 102 Stat. 2026; amended Pub. L. 103-160, div. A,

title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728, related to

program for supervision and coordination of product evaluation

activities within the Department of Defense.

-CITE-

10 USC Sec. 2370 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

(Sec. 2370. Repealed. Pub. L. 104-106, div. A, title X, Sec.

1061(j)(1), Feb. 10, 1996, 110 Stat. 443)

-MISC1-

Section, added Pub. L. 101-510, div. A, title II, Sec. 241(a),

Nov. 5, 1990, 104 Stat. 1516, required annual report to Congress on

Biological Defense Research Program.

-CITE-

10 USC Sec. 2370a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2370a. Medical countermeasures against biowarfare threats:

allocation of funding between near-term and other threats

-STATUTE-

(a) Allocation Between Near-Term and Other Threats. - Of the

funds appropriated or otherwise made available for any fiscal year

for the medical component of the Biological Defense Research

Program (BDRP) of the Department of Defense -

(1) not more than 80 percent may be obligated and expended for

product development, or for research, development, test, or

evaluation, of medical countermeasures against near-term

validated biowarfare threat agents; and

(2) not more than 20 percent may be obligated or expended for

product development, or for research, development, test, or

evaluation, of medical countermeasures against mid-term or

far-term validated biowarfare threat agents.

(b) Definitions. - In this section:

(1) The term ''validated biowarfare threat agent'' means a

biological agent that -

(A) is named in the biological warfare threat list published

by the Defense Intelligence Agency; and

(B) is identified as a biowarfare threat by the Deputy Chief

of Staff of the Army for Intelligence in accordance with Army

regulations applicable to intelligence support for the medical

component of the Biological Defense Research Program.

(2) The term ''near-term validated biowarfare threat agent''

means a validated biowarfare threat agent that has been, or is

being, developed or produced for weaponization within 5 years, as

assessed and determined by the Defense Intelligence Agency.

(3) The term ''mid-term validated biowarfare threat agent''

means a validated biowarfare threat agent that is an emerging

biowarfare threat, is the object of research by a foreign threat

country, and will be ready for weaponization in more than 5 years

and less than 10 years, as assessed and determined by the Defense

Intelligence Agency.

(4) The term ''far-term validated biowarfare threat agent''

means a validated biowarfare threat agent that is a future

biowarfare threat, is the object of research by a foreign threat

country, and could be ready for weaponization in more than 10

years and less than 20 years, as assessed and determined by the

Defense Intelligence Agency.

(5) The term ''weaponization'' means incorporation into usable

ordnance or other militarily useful means of delivery.

-SOURCE-

(Added Pub. L. 103-160, div. A, title II, Sec. 214(a), Nov. 30,

1993, 107 Stat. 1586.)

-MISC1-

ACCELERATION OF RESEARCH, DEVELOPMENT, AND PRODUCTION OF MEDICAL

COUNTERMEASURES FOR DEFENSE AGAINST BIOLOGICAL WARFARE AGENTS

Pub. L. 107-107, div. A, title X, Sec. 1044(a), Dec. 28, 2001,

115 Stat. 1219, provided that:

''(1) The Secretary of Defense shall carry out a program to

aggressively accelerate the research, development, testing, and

licensure of new medical countermeasures for defense against the

biological warfare agents that are the highest threat.

''(2) The program shall include the following activities:

''(A) As the program's first priority, investment in multiple

new technologies for medical countermeasures for defense against

the biological warfare agents that are the highest threat,

including for the prevention and treatment of anthrax.

''(B) Leveraging of ideas and technologies from the biological

technology industry.''

-CITE-

10 USC Sec. 2371 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2371. Research projects: transactions other than contracts and

grants

-STATUTE-

(a) Additional Forms of Transactions Authorized. - The Secretary

of Defense and the Secretary of each military department may enter

into transactions (other than contracts, cooperative agreements,

and grants) under the authority of this subsection in carrying out

basic, applied, and advanced research projects. The authority

under this subsection is in addition to the authority provided in

section 2358 of this title to use contracts, cooperative

agreements, and grants in carrying out such projects.

(b) Exercise of Authority by Secretary of Defense. - In any

exercise of the authority in subsection (a), the Secretary of

Defense shall act through the Defense Advanced Research Projects

Agency or any other element of the Department of Defense that the

Secretary may designate.

(c) Advance Payments. - The authority provided under subsection

(a) may be exercised without regard to section 3324 of title 31.

(d) Recovery of Funds. - (1) A cooperative agreement for

performance of basic, applied, or advanced research authorized by

section 2358 of this title and a transaction authorized by

subsection (a) may include a clause that requires a person or other

entity to make payments to the Department of Defense or any other

department or agency of the Federal Government as a condition for

receiving support under the agreement or other transaction.

(2) The amount of any payment received by the Federal Government

pursuant to a requirement imposed under paragraph (1) may be

credited, to the extent authorized by the Secretary of Defense, to

the appropriate account established under subsection (f). Amounts

so credited shall be merged with other funds in the account and

shall be available for the same purposes and the same period for

which other funds in such account are available.

(e) Conditions. - (1) The Secretary of Defense shall ensure that

-

(A) to the maximum extent practicable, no cooperative agreement

containing a clause under subsection (d) and no transaction

entered into under subsection (a) provides for research that

duplicates research being conducted under existing programs

carried out by the Department of Defense; and

(B) to the extent that the Secretary determines practicable,

the funds provided by the Government under a cooperative

agreement containing a clause under subsection (d) or a

transaction authorized by subsection (a) do not exceed the total

amount provided by other parties to the cooperative agreement or

other transaction.

(2) A cooperative agreement containing a clause under subsection

(d) or a transaction authorized by subsection (a) may be used for a

research project when the use of a standard contract, grant, or

cooperative agreement for such project is not feasible or

appropriate.

(f) Support Accounts. - There is hereby established on the books

of the Treasury separate accounts for each of the military

departments and the Defense Advanced Research Projects Agency for

support of research projects and development projects provided for

in cooperative agreements containing a clause under subsection (d)

and research projects provided for in transactions entered into

under subsection (a). Funds in those accounts shall be available

for the payment of such support.

(g) Regulations. - The Secretary of Defense shall prescribe

regulations to carry out this section.

(h) Annual Report. - (1) Not later than 90 days after the end of

each fiscal year, the Secretary of Defense shall submit to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report on the use

by the Department of Defense during such fiscal year of -

(A) cooperative agreements authorized under section 2358 of

this title that contain a clause under subsection (d); and

(B) transactions authorized by subsection (a).

(2) The report shall include, with respect to the cooperative

agreements and other transactions covered by the report, the

following:

(A) The technology areas in which research projects were

conducted under such agreements or other transactions.

(B) The extent of the cost-sharing among Federal Government and

non-Federal sources.

(C) The extent to which the use of the cooperative agreements

and other transactions -

(i) has contributed to a broadening of the technology and

industrial base available for meeting Department of Defense

needs; and

(ii) has fostered within the technology and industrial base

new relationships and practices that support the national

security of the United States.

(D) The total amount of payments, if any, that were received by

the Federal Government during the fiscal year covered by the

report pursuant to a clause described in subsection (d) that was

included in the cooperative agreements and other transactions,

and the amount of such payments, if any, that were credited to

each account established under subsection (f).

(i) Protection of Certain Information From Disclosure. - (1)

Disclosure of information described in paragraph (2) is not

required, and may not be compelled, under section 552 of title 5

for five years after the date on which the information is received

by the Department of Defense.

(2)(A) Paragraph (1) applies to information described in

subparagraph (B) that is in the records of the Department of

Defense if the information was submitted to the Department in a

competitive or noncompetitive process having the potential for

resulting in an award, to the party submitting the information, of

a cooperative agreement for performance of basic, applied, or

advanced research authorized by section 2358 of this title or

another transaction authorized by subsection (a).

(B) The information referred to in subparagraph (A) is the

following:

(i) A proposal, proposal abstract, and supporting documents.

(ii) A business plan submitted on a confidential basis.

(iii) Technical information submitted on a confidential basis.

-SOURCE-

(Added Pub. L. 101-189, div. A, title II, Sec. 251(a)(1), Nov. 29,

1989, 103 Stat. 1403; amended Pub. L. 101-510, div. A, title XIV,

Sec. 1484(k)(9), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102-190,

div. A, title VIII, Sec. 826, Dec. 5, 1991, 105 Stat. 1442; Pub.

L. 102-484, div. A, title II, Sec. 217, Oct. 23, 1992, 106 Stat.

2352; Pub. L. 103-35, title II, Sec. 201(c)(4), May 31, 1993, 107

Stat. 98; Pub. L. 103-160, div. A, title VIII, Sec. 827(b), title

XI, Sec. 1182(a)(6), Nov. 30, 1993, 107 Stat. 1712, 1771; Pub. L.

103-355, title I, Sec. 1301(b), Oct. 13, 1994, 108 Stat. 3285; Pub.

L. 104-106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110

Stat. 502; Pub. L. 104-201, div. A, title II, Sec.

267(a)-(c)(1)(A), title X, Sec. 1073(e)(1)(B), Sept. 23, 1996, 110

Stat. 2467, 2468, 2658; Pub. L. 105-85, div. A, title VIII, Sec.

832, Nov. 18, 1997, 111 Stat. 1842; Pub. L. 105-261, div. A, title

VIII, Sec. 817, Oct. 17, 1998, 112 Stat. 2089; Pub. L. 106-65,

div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (h)(1). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security'' in introductory provisions.

1998 - Subsec. (i)(2)(A). Pub. L. 105-261 substituted

''cooperative agreement for performance of basic, applied, or

advanced research authorized by section 2358 of this title'' for

''cooperative agreement that includes a clause described in

subsection (d)''.

1997 - Subsec. (i). Pub. L. 105-85 added subsec. (i).

1996 - Subsec. (b). Pub. L. 104-201, Sec. 1073(e)(1)(B), inserted

''Defense'' before ''Advanced Research Projects Agency''.

Subsec. (e). Pub. L. 104-201, Sec. 267(a), inserted ''(1)''

before ''The Secretary of Defense'', redesignated former pars. (1)

and (2) as subpars. (A) and (B), respectively, inserted ''and''

after semicolon at end of subpar. (A), substituted a period for '';

and'' at end of subpar. (B), added par. (2), and struck out par.

(3) which read as follows: ''a cooperative agreement containing a

clause under subsection (d) or a transaction authorized under

subsection (a) is used for a research project only when the use of

a standard contract, grant, or cooperative agreement for such

project is not feasible or appropriate.''

Subsec. (f). Pub. L. 104-201, Sec. 1073(e)(1)(B), inserted

''Defense'' before ''Advanced Research Projects Agency''.

Subsec. (h). Pub. L. 104-201, Sec. 267(b), reenacted heading

without change and amended text generally. Prior to amendment,

text read as follows: ''Not later than 60 days after the end of

each fiscal year, the Secretary of Defense shall submit to the

Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives a report on all

cooperative agreements entered into under section 2358 of this

title during such fiscal year that contain a clause authorized by

subsection (d) and on all transactions entered into under

subsection (a) during such fiscal year. The report shall contain,

with respect to each such cooperative agreement and transaction,

the following:

''(1) A general description of the cooperative agreement or

other transaction (as the case may be), including the

technologies for which research is provided for under such

agreement or transaction.

''(2) The potential military and, if any, commercial utility of

such technologies.

''(3) The reasons for not using a contract or grant to provide

support for such research.

''(4) The amount of the payments, if any, that were received by

the Federal Government during the fiscal year covered by the

report pursuant to a clause included in such cooperative

agreement or other transaction pursuant to subsection (d).

''(5) The amount of the payments reported under paragraph (4),

if any, that were credited to each account established under

subsection (f).''

Pub. L. 104-106 substituted ''Committee on Armed Services of the

Senate and the Committee on National Security of the House of

Representatives'' for ''Committees on Armed Services of the Senate

and House of Representatives''.

Subsec. (i). Pub. L. 104-201, Sec. 1073(e)(1)(B), which directed

amendment of subsec. (i) by inserting ''Defense'' before ''Advanced

Research Projects Agency'', could not be executed because of the

renumbering of subsec. (i) as section 2371a of this title by Pub.

L. 104-201, Sec. 267(c)(1)(A). See below.

Pub. L. 104-201, Sec. 267(c)(1)(A), renumbered subsec. (i) of

this section as section 2371a of this title.

1994 - Pub. L. 103-355 amended section generally. Prior to

amendment section related to cooperative agreements and other

transactions for advanced research projects.

1993 - Subsec. (a). Pub. L. 103-160, Sec. 827(b)(1)(C),

substituted ''section 2358 of this title'' for ''subsection (a)''

in par. (1) and ''subsection (d)'' for ''subsection (e)'' in par.

(2).

Pub. L. 103-160, Sec. 827(b)(1)(A), (B), redesignated subsec. (b)

as (a) and struck out former subsec. (a), as amended by Pub. L.

103-160, Sec. 1182(a)(6), (h), which read as follows: ''The

Secretary of Defense, in carrying out advanced research projects

through the Advanced Research Projects Agency, and the Secretary of

each military department, in carrying out advanced research

projects, may enter into cooperative agreements and other

transactions with any person, any agency or instrumentality of the

United States, any unit of State or local government, any

educational institution, and any other entity.''

Pub. L. 103-160, Sec. 1182(a)(6), substituted ''Advanced Research

Projects Agency'' for ''Defense Advanced Research Projects

Agency''.

Subsec. (b). Pub. L. 103-160, Sec. 827(b)(1)(B), redesignated

subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 103-160, Sec. 827(b)(1)(B), (2)(A),

redesignated subsec. (d) as (c) and inserted ''and development''

after ''research'' in two places in par. (1). Former subsec. (c)

redesignated (b).

Subsec. (d). Pub. L. 103-160, Sec. 827(b)(1)(B), (D), (2)(B),

redesignated subsec. (e), as amended by Pub. L. 103-160, Sec.

1182(a)(6), (h), as (d) and substituted ''section 2358 of this

title'' for ''subsection (a)'' and ''research and development'' for

''advanced research''. Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 103-160, Sec. 827(b)(1)(B), (E), (2)(B),

(C), redesignated subsec. (f) as (e), in par. (1) substituted

''research and development are'' for ''advanced research is'', in

par. (3) substituted ''research and development'' for ''advanced

research'', in par. (4) substituted ''subsection (a)'' for

''subsection (b)'', and in par. (5) substituted ''subsection (d)''

for ''subsection (e)''. Former subsec. (e) redesignated (d).

Pub. L. 103-160, Sec. 1182(a)(6), substituted ''Advanced Research

Projects Agency'' for ''Defense Advanced Research Projects

Agency''.

Subsec. (f). Pub. L. 103-160, Sec. 827(b)(1)(B), redesignated

subsec. (g), as amended by Pub. L. 103-160, Sec. 1182(a)(6), (h),

as (f). Former subsec. (f) redesignated (e).

Subsec. (g). Pub. L. 103-160, Sec. 827(b)(1)(B), redesignated

subsec. (g), as amended by Pub. L. 103-160, Sec. 1182(a)(6), (h),

as (f).

Pub. L. 103-160, Sec. 1182(a)(6), substituted ''Advanced Research

Projects Agency'' for ''Defense Advanced Research Projects

Agency''.

Pub. L. 103-35 substituted ''granted by section 12'' for

''granted by section 11'' and ''provisions of sections 11 and 12''

for ''provisions of sections 10 and 11''.

1992 - Subsec. (g). Pub. L. 102-484 added subsec. (g).

1991 - Subsec. (a). Pub. L. 102-190, Sec. 826(a), inserted ''and

the Secretary of each military department, in carrying out advanced

research projects,''.

Subsec. (b)(1). Pub. L. 102-190, Sec. 826(b)(1)(A), struck out

''by the Secretary'' after ''transactions entered into''.

Subsec. (b)(2). Pub. L. 102-190, Sec. 826(b)(1)(B), substituted

''to the appropriate account'' for ''to the account''.

Subsec. (d). Pub. L. 102-190, Sec. 826(b)(2), substituted ''The

Secretary of Defense'' for ''The Secretary'' in introductory

provisions.

Subsec. (e). Pub. L. 102-190, Sec. 826(b)(3), substituted

''separate accounts for each of the military departments and the

Defense Advanced Research Projects Agency'' for ''an account'' and

''those accounts'' for ''such account''.

Subsec. (f)(5). Pub. L. 102-190, Sec. 826(b)(4), substituted

''each account'' for ''the account''.

Subsec. (g). Pub. L. 102-190, Sec. 826(c), struck out subsec. (g)

which read as follows: ''The authority of the Secretary to enter

into cooperative agreements and other transactions under this

section expires at the close of September 30, 1991.''

1990 - Subsec. (f). Pub. L. 101-510 substituted ''Committees on''

for ''Committees of'' in introductory provisions.

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L.

103-355, see section 10001 of Pub. L. 103-355, set out as a note

under section 251 of Title 41, Public Contracts.

AUTHORITY OF DEFENSE ADVANCED RESEARCH PROJECTS AGENCY TO CARRY OUT

CERTAIN PROTOTYPE PROJECTS

Pub. L. 103-160, div. A, title VIII, Sec. 845, Nov. 30, 1993,

107 Stat. 1721, as amended by Pub. L. 104-201, div. A, title VIII,

Sec. 804, title X, Sec. 1073(e)(1)(D), (2)(A), Sept. 23, 1996, 110

Stat. 2605, 2658; Pub. L. 105-261, div. A, title II, Sec. 241,

Oct. 17, 1998, 112 Stat. 1954; Pub. L. 106-65, div. A, title VIII,

Sec. 801, title X, Sec. 1066(d)(6), Oct. 5, 1999, 113 Stat. 700,

773; Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec. 803,

804(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-205, 1654A-206; Pub.

L. 107-107, div. A, title VIII, Sec. 822, title X, Sec.

1048(i)(2), Dec. 28, 2001, 115 Stat. 1182, 1229, provided that:

''(a) Authority. - The Director of the Defense Advanced Research

Projects Agency, the Secretary of a military department, or any

other official designated by the Secretary of Defense may, under

the authority of section 2371 of title 10, United States Code,

carry out prototype projects that are directly relevant to weapons

or weapon systems proposed to be acquired or developed by the

Department of Defense.

''(b) Exercise of Authority. - (1) Subsections (e)(1)(B) and

(e)(2) of such section 2371 shall not apply to projects carried out

under subsection (a).

''(2) To the maximum extent practicable, competitive procedures

shall be used when entering into agreements to carry out projects

under subsection (a).

''(c) Comptroller General Review. - (1) Each agreement entered

into by an official referred to in subsection (a) to carry out a

project under that subsection that provides for payments in a total

amount in excess of $5,000,000 shall include a clause that provides

for the Comptroller General, in the discretion of the Comptroller

General, to examine the records of any party to the agreement or

any entity that participates in the performance of the agreement.

''(2) The requirement in paragraph (1) shall not apply with

respect to a party or entity, or a subordinate element of a party

or entity, that has not entered into any other agreement that

provides for audit access by a Government entity in the year prior

to the date of the agreement.

''(3)(A) The right provided to the Comptroller General in a

clause of an agreement under paragraph (1) is limited as provided

in subparagraph (B) in the case of a party to the agreement, an

entity that participates in the performance of the agreement, or a

subordinate element of that party or entity if the only agreements

or other transactions that the party, entity, or subordinate

element entered into with Government entities in the year prior to

the date of that agreement are cooperative agreements or

transactions that were entered into under this section or section

2371 of title 10, United States Code.

''(B) The only records of a party, other entity, or subordinate

element referred to in subparagraph (A) that the Comptroller

General may examine in the exercise of the right referred to in

that subparagraph are records of the same type as the records that

the Government has had the right to examine under the audit access

clauses of the previous agreements or transactions referred to in

such subparagraph that were entered into by that particular party,

entity, or subordinate element.

''(4) The head of the contracting activity that is carrying out

the agreement may waive the applicability of the requirement in

paragraph (1) to the agreement if the head of the contracting

activity determines that it would not be in the public interest to

apply the requirement to the agreement. The waiver shall be

effective with respect to the agreement only if the head of the

contracting activity transmits a notification of the waiver to

Congress and the Comptroller General before entering into the

agreement. The notification shall include the rationale for the

determination.

''(5) The Comptroller General may not examine records pursuant to

a clause included in an agreement under paragraph (1) more than

three years after the final payment is made by the United States

under the agreement.

''(d) Appropriate Use of Authority. - (1) The Secretary of

Defense shall ensure that no official of an agency enters into a

transaction (other than a contract, grant, or cooperative

agreement) for a prototype project under the authority of this

section unless -

''(A) there is at least one nontraditional defense contractor

participating to a significant extent in the prototype project;

or

''(B) no nontraditional defense contractor is participating to

a significant extent in the prototype project, but at least one

of the following circumstances exists:

''(i) At least one third of the total cost of the prototype

project is to be paid out of funds provided by parties to the

transaction other than the Federal Government.

''(ii) The senior procurement executive for the agency (as

designated for the purposes of section 16(3) of the Office of

Federal Procurement Policy Act (41 U.S.C. 414(3))) determines

in writing that exceptional circumstances justify the use of a

transaction that provides for innovative business arrangements

or structures that would not be feasible or appropriate under a

contract.

''(2)(A) Except as provided in subparagraph (B), the amounts

counted for the purposes of this subsection as being provided, or

to be provided, by a party to a transaction with respect to a

prototype project that is entered into under this section other

than the Federal Government do not include costs that were incurred

before the date on which the transaction becomes effective.

''(B) Costs that were incurred for a prototype project by a party

after the beginning of negotiations resulting in a transaction

(other than a contract, grant, or cooperative agreement) with

respect to the project before the date on which the transaction

becomes effective may be counted for purposes of this subsection as

being provided, or to be provided, by the party to the transaction

if and to the extent that the official responsible for entering

into the transaction determines in writing that -

''(i) the party incurred the costs in anticipation of entering

into the transaction; and

''(ii) it was appropriate for the party to incur the costs

before the transaction became effective in order to ensure the

successful implementation of the transaction.

''(e) Nontraditional Defense Contractor Defined. - In this

section, the term 'nontraditional defense contractor' means an

entity that has not, for a period of at least one year prior to the

date that a transaction (other than a contract, grant, or

cooperative agreement) for a prototype project under the authority

of this section is entered into, entered into or performed with

respect to -

''(1) any contract that is subject to full coverage under the

cost accounting standards prescribed pursuant to section 26 of

the Office of Federal Procurement Policy Act (41 U.S.C. 422) and

the regulations implementing such section; or

''(2) any other contract in excess of $500,000 to carry out

prototype projects or to perform basic, applied, or advanced

research projects for a Federal agency, that is subject to the

Federal Acquisition Regulation.

''(f) Follow-On Production Contracts. - (1) A transaction entered

into under this section for a prototype project that satisfies the

conditions set forth in subsection (d)(1)(B)(i) may provide for the

award of a follow-on production contract to the participants in the

transaction for a specific number of units at specific target

prices. The number of units specified in the transaction shall be

determined on the basis of a balancing of the level of the

investment made in the project by the participants other than the

Federal Government with the interest of the Federal Government in

having competition among sources in the acquisition of the product

or products prototyped under the project.

''(2) A follow-on production contract provided for in a

transaction under paragraph (1) may be awarded to the participants

in the transaction without the use of competitive procedures,

notwithstanding the requirements of section 2304 of title 10,

United States Code, if -

''(A) competitive procedures were used for the selection of

parties for participation in the transaction;

''(B) the participants in the transaction successfully

completed the prototype project provided for in the transaction;

''(C) the number of units provided for in the follow-on

production contract does not exceed the number of units specified

in the transaction for such a follow-on production contract; and

''(D) the prices established in the follow-on production

contract do not exceed the target prices specified in the

transaction for such a follow-on production contract.

''(g) Period of Authority. - The authority to carry out projects

under subsection (a) shall terminate at the end of September 30,

2004.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2358, 2511, 2519 of this

title; title 6 section 391; title 49 section 5506.

-CITE-

10 USC Sec. 2371a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2371a. Cooperative research and development agreements under

Stevenson-Wydler Technology Innovation Act of 1980

-STATUTE-

The Secretary of Defense, in carrying out research projects

through the Defense Advanced Research Projects Agency, and the

Secretary of each military department, in carrying out research

projects, may permit the director of any federally funded research

and development center to enter into cooperative research and

development agreements with any person, any agency or

instrumentality of the United States, any unit of State or local

government, and any other entity under the authority granted by

section 12 of the Stevenson-Wydler Technology Innovation Act of

1980 (15 U.S.C. 3710a). Technology may be transferred to a

non-Federal party to such an agreement consistent with the

provisions of sections 11 and 12 of such Act (15 U.S.C. 3710,

3710a).

-SOURCE-

(Added and amended Pub. L. 104-201, div. A, title II, Sec.

267(c)(1)(A), (B), Sept. 23, 1996, 110 Stat. 2468; Pub. L. 105-85,

div. A, title X, Sec. 1073(a)(50), Nov. 18, 1997, 111 Stat. 1903.)

-COD-

CODIFICATION

The text of section 2371(i) of this title, which was transferred

to this section, redesignated as text of section, and amended by

Pub. L. 104-201, Sec. 267(c)(1)(A), (B), was based on Pub. L.

103-355, title I, Sec. 1301(b), Oct. 13, 1994, 108 Stat. 3286.

-MISC3-

AMENDMENTS

1997 - Pub. L. 105-85 inserted ''Defense'' before ''Advanced

Research Projects Agency''.

1996 - Pub. L. 104-201 transferred section 2371(i) of this title

to this section, added section catchline, and struck out subsec.

(i) designation and heading which read as follows: ''Cooperative

Research and Development Agreements Under Stevenson-Wydler

Technology Innovation Act of 1980''. See Codification note above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2358 of this title.

-CITE-

10 USC Sec. 2372 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2372. Independent research and development and bid and

proposal costs: payments to contractors

-STATUTE-

(a) Regulations. - The Secretary of Defense shall prescribe

regulations governing the payment, by the Department of Defense, of

expenses incurred by contractors for independent research and

development and bid and proposal costs.

(b) Costs Allowable as Indirect Expenses. - The regulations

prescribed pursuant to subsection (a) shall provide that

independent research and development and bid and proposal costs

shall be allowable as indirect expenses on covered contracts to the

extent that those costs are allocable, reasonable, and not

otherwise unallowable by law or under the Federal Acquisition

Regulation.

(c) Additional Controls. - Subject to subsection (f), the

regulations prescribed pursuant to subsection (a) may include the

following provisions:

(1) A limitation on the allowability of independent research

and development and bid and proposal costs to work which the

Secretary of Defense determines is of potential interest to the

Department of Defense.

(2) For each of fiscal years 1993 through 1995, a limitation in

the case of major contractors that the total amount of the

independent research and development and bid and proposal costs

that are allowable as expenses of the contractor's covered

segments may not exceed the contractor's adjusted maximum

reimbursement amount.

(3) Implementation of regular methods for transmission -

(A) from the Department of Defense to contractors, in a

reasonable manner, of timely and comprehensive information

regarding planned or expected Department of Defense future

needs; and

(B) from contractors to the Department of Defense, in a

reasonable manner, of information regarding progress by the

contractor on the contractor's independent research and

development programs.

(d) Adjusted Maximum Reimbursement Amount. - For purposes of

subsection (c)(2), the adjusted maximum reimbursement amount for a

major contractor for a fiscal year is the sum of -

(1) the total amount of the allowable independent research and

development and bid and proposal costs incurred by the contractor

during the preceding fiscal year;

(2) 5 percent of the amount referred to in paragraph (1); and

(3) if the projected total amount of the independent research

and development and bid and proposal costs incurred by the

contractor for such fiscal year is greater than the total amount

of the independent research and development and bid and proposal

costs incurred by the contractor for the preceding fiscal year,

the amount that is determined by multiplying the amount referred

to in paragraph (1) by the lesser of -

(A) the percentage by which the projected total amount of

such incurred costs for such fiscal year exceeds the total

amount of the incurred costs of the contractor for the

preceding fiscal year; or

(B) the estimated percentage rate of inflation from the end

of the preceding fiscal year to the end of the fiscal year for

which the amount of the limitation is being computed.

(e) Waiver of Adjusted Maximum Reimbursement Amount. - The

Secretary of Defense may waive the applicability of any limitation

prescribed under subsection (c)(2) to any contractor for a fiscal

year to the extent that the Secretary determines that allowing the

contractor to exceed the contractor's adjusted maximum

reimbursement amount for such year -

(1) is necessary to reimburse such contractor at least to the

extent that would have been allowed under regulations as in

effect on December 4, 1991; or

(2) is otherwise in the best interest of the Government.

(f) Limitations on Regulations. - Regulations prescribed pursuant

to subsection (c) may not include provisions that would infringe on

the independence of a contractor to choose which technologies to

pursue in its independent research and development program.

(g) Encouragement of Certain Contractor Activities. - The

regulations under subsection (a) shall encourage contractors to

engage in research and development activities of potential interest

to the Department of Defense, including activities intended to

accomplish any of the following:

(1) Enabling superior performance of future United States

weapon systems and components.

(2) Reducing acquisition costs and life-cycle costs of military

systems.

(3) Strengthening the defense industrial base and the

technology base of the United States.

(4) Enhancing the industrial competitiveness of the United

States.

(5) Promoting the development of technologies identified as

critical under section 2506 of this title.

(6) Increasing the development and promotion of efficient and

effective applications of dual-use technologies.

(7) Providing efficient and effective technologies for

achieving such environmental benefits as improved environmental

data gathering, environmental cleanup and restoration, pollution

reduction in manufacturing, environmental conservation, and

environmentally safe management of facilities.

(h) Major Contractors. - A contractor shall be considered to be a

major contractor for the purposes of subsection (c) for any fiscal

year if for the preceding fiscal year the contractor's covered

segments allocated to Department of Defense contracts a total of

more than $10,000,000 in independent research and development and

bid and proposal costs.

(i) Definitions. - In this section:

(1) Covered contract. - The term ''covered contract'' has the

meaning given that term in section 2324(l) of this title.

(2) Covered segment. - The term ''covered segment'', with

respect to a contractor, means a product division of the

contractor that allocated more than $1,000,000 in independent

research and development and bid and proposal costs to Department

of Defense contracts during the preceding fiscal year. In the

case of a contractor that has no product divisions, such term

means the contractor as a whole.

-SOURCE-

(Added Pub. L. 101-510, div. A, title VIII, Sec. 824(a)(1), Nov.

5, 1990, 104 Stat. 1603; amended Pub. L. 102-25, title VII, Sec.

701(c), Apr. 6, 1991, 105 Stat. 113; Pub. L. 102-190, div. A,

title VIII, Sec. 802(a)(1), Dec. 5, 1991, 105 Stat. 1412; Pub. L.

102-484, div. A, title X, Sec. 1052(27), Oct. 23, 1992, 106 Stat.

2500; Pub. L. 103-35, title II, Sec. 201(c)(5), May 31, 1993, 107

Stat. 98; Pub. L. 104-106, div. D, title XLIII, Sec. 4321(b)(11),

Feb. 10, 1996, 110 Stat. 672.)

-MISC1-

AMENDMENTS

1996 - Subsec. (i)(1). Pub. L. 104-106 substituted ''2324(l)''

for ''2324(m)''.

1993 - Subsec. (g)(5). Pub. L. 103-35 substituted ''section

2506'' for ''section 2522''.

1992 - Subsec. (e)(1). Pub. L. 102-484 substituted ''on December

4, 1991'' for ''on the day before the date of the enactment of the

National Defense Authorization Act for Fiscal Years 1992 and

1993''.

1991 - Pub. L. 102-190 substituted section catchline for one

which read ''Independent research and development'' and amended

text generally, substituting present provisions for provisions

authorizing payment of independent research and development or bid

and proposal costs, encouraging contractors to engage in research

and development activities, and authorizing advance agreements

regarding the manner and extent in which the Department of Defense

may pay independent research and development costs or bid and

proposal costs.

Subsec. (d)(2)(B). Pub. L. 102-25 substituted ''subsection (b),

including'' for ''subsection (b) or''.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L.

104-106, see section 4401 of Pub. L. 104-106, set out as a note

under section 251 of Title 41, Public Contracts.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 802(e) of Pub. L. 102-190 provided that: ''The amendments

made by this section (amending this section and section 2330 of

this title) shall take effect on October 1, 1992, and shall apply

to independent research and development and bid and proposal costs

incurred by a contractor during fiscal years of that contractor

that begin on or after that date.''

REGULATIONS

Section 802(b) of Pub. L. 102-190 provided that: ''The Secretary

of Defense shall prescribe proposed regulations to implement the

amendment made by subsection (a)(1) (amending this section) not

later than April 1, 1992, and shall prescribe final regulations for

that purpose not later than June 1, 1992.''

STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT

Section 802(c) of Pub. L. 102-190 directed Director of the Office

of Technology Assessment to conduct a study to determine effect of

regulations prescribed under this section on the achievement of

policy stated in subsec. (g) of this section and submit a report

containing results of such study to Committees on Armed Services of

Senate and House of Representatives not later than Dec. 1, 1995,

prior to repeal by Pub. L. 103-160, div. A, title II, Sec. 266,

Nov. 30, 1993, 107 Stat. 1611.

-CITE-

10 USC Sec. 2373 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2373. Procurement for experimental purposes

-STATUTE-

(a) Authority. - The Secretary of Defense and the Secretaries of

the military departments may each buy ordnance, signal, chemical

activity, and aeronautical supplies, including parts and

accessories, and designs thereof, that the Secretary of Defense or

the Secretary concerned considers necessary for experimental or

test purposes in the development of the best supplies that are

needed for the national defense.

(b) Procedures. - Purchases under this section may be made inside

or outside the United States and by contract or otherwise. Chapter

137 of this title applies only when such purchases are made in

quantity.

-SOURCE-

(Added Pub. L. 103-160, div. A, title VIII, Sec. 822(c)(1), Nov.

30, 1993, 107 Stat. 1706; amended Pub. L. 103-337, div. A, title

X, Sec. 1070(g), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104-106,

div. A, title VIII, Sec. 812, Feb. 10, 1996, 110 Stat. 395.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 4504 and 9504 of this title, prior to repeal by Pub. L.

103-160, Sec. 822(c)(2).

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 inserted ''only'' after

''applies'' in second sentence.

1994 - Subsec. (a). Pub. L. 103-337 substituted ''chemical

activity, and aeronautical supplies,'' for ''and chemical activity

supplies,''.

-CITE-

10 USC Sec. 2374 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2374. Merit-based award of grants for research and development

-STATUTE-

(a) It is the policy of Congress that an agency named in section

2303(a) of this title should not be required by legislation to

award a new grant for research, development, test, or evaluation to

a non-Federal Government entity. It is further the policy of

Congress that any program, project, or technology identified in

legislation be awarded through merit-based selection procedures.

(b) A provision of law may not be construed as requiring a new

grant to be awarded to a specified non-Federal Government entity

unless that provision of law -

(1) specifically refers to this subsection;

(2) specifically identifies the particular non-Federal

Government entity involved; and

(3) specifically states that the award to that entity is

required by such provision of law in contravention of the policy

set forth in subsection (a).

(c) For purposes of this section, a grant is a new grant unless

the work provided for in the grant is a continuation of the work

performed by the specified entity under a preceding grant.

(d) This section shall not apply with respect to any grant that

calls upon the National Academy of Sciences to investigate,

examine, or experiment upon any subject of science or art of

significance to an agency named in section 2303(a) of this title

and to report on such matters to the Congress or any agency of the

Federal Government.

-SOURCE-

(Added Pub. L. 103-355, title VII, Sec. 7203(a)(2), Oct. 13, 1994,

108 Stat. 3380.)

-MISC1-

EFFECTIVE DATE

For effective date and applicability of section, see section

10001 of Pub. L. 103-355, set out as an Effective Date of 1994

Amendment note under section 251 of Title 41, Public Contracts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2521 of this title.

-CITE-

10 USC Sec. 2374a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2374a. Prizes for advanced technology achievements

-STATUTE-

(a) Authority. - The Secretary of Defense, acting through the

Director of the Defense Advanced Research Projects Agency, may

carry out a program to award cash prizes in recognition of

outstanding achievements in basic, advanced, and applied research,

technology development, and prototype development that have the

potential for application to the performance of the military

missions of the Department of Defense.

(b) Competition Requirements. - The program under subsection (a)

shall use a competitive process for the selection of recipients of

cash prizes. The process shall include the widely-advertised

solicitation of submissions of research results, technology

developments, and prototypes.

(c) Limitations. - (1) The total amount made available for award

of cash prizes in a fiscal year may not exceed $10,000,000.

(2) No prize competition may result in the award of more than

$1,000,000 in cash prizes without the approval of the Under

Secretary of Defense for Acquisition, Technology, and Logistics.

(d) Relationship to Other Authority. - The program under

subsection (a) may be carried out in conjunction with or in

addition to the exercise of any other authority of the Director to

acquire, support, or stimulate basic, advanced and applied

research, technology development, or prototype projects.

(e) Annual Report. - Promptly after the end of each fiscal year,

the Secretary shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a report on the

administration of the program for that fiscal year. The report

shall include the following:

(1) The military applications of the research, technology, or

prototypes for which prizes were awarded.

(2) The total amount of the prizes awarded.

(3) The methods used for solicitation and evaluation of

submissions, together with an assessment of the effectiveness of

those methods.

(f) Period of Authority. - The authority to award prizes under

subsection (a) shall terminate at the end of September 30, 2007.

-SOURCE-

(Added Pub. L. 106-65, div. A, title II, Sec. 244(a), Oct. 5,

1999, 113 Stat. 552; amended Pub. L. 107-314, div. A, title II,

Sec. 248(a), Dec. 2, 2002, 116 Stat. 2502.)

-MISC1-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-314 substituted ''September 30,

2007'' for ''September 30, 2003''.

-CITE-

10 USC Sec. 2374b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-

Sec. 2374b. Prizes for achievements in promoting science,

mathematics, engineering, or technology education

-STATUTE-

(a) Authority. - The Secretaries of the military departments and

the heads of defense agencies may each carry out a program to award

cash prizes in recognition of outstanding achievements that are

designed to promote science, mathematics, engineering, or

technology education in support of the missions of the Department

of Defense.

(b) Competition Requirements. - Each program under subsection (a)

shall use a competitive process for the selection of recipients of

cash prizes.

(c) Limitation. - For any single program under subsection (a),

the total amount made available for award of cash prizes in a

fiscal year may not exceed $1,000,000.

(d) Relationship to Other Authority. - The program under

subsection (a) may be carried out in conjunction with or in

addition to the exercise of any other authority to acquire,

support, or stimulate basic and applied research, advanced

technology development, or prototype development projects.

(e) Annual Report. - Promptly after the end of each fiscal year,

each Secretary of a military department and each head of a defense

agency carrying out a program under subsection (a) shall submit to

the Committees on Armed Services of the Senate and the House of

Representatives a report on the administration of that program for

that fiscal year.

(f) Period of Authority. - The authority to award prizes under

subsection (a) shall terminate at the end of September 30, 2006.

-SOURCE-

(Added Pub. L. 107-314, div. A, title II, Sec. 248(c)(1), Dec. 2,

2002, 116 Stat. 2502.)

-CITE-