-CITE-
    10 USC CHAPTER 139 - RESEARCH AND DEVELOPMENT               01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
                  CHAPTER 139 - RESEARCH AND DEVELOPMENT              

-MISC1-
    Sec.                                                     
    2351.       Availability of appropriations.                       
    2352.       Defense Advanced Research Projects Agency: biennial
                 strategic plan.                                      
    2353.       Contracts: acquisition, construction, or furnishing of
                 test facilities and equipment.                       
    2354.       Contracts: indemnification provisions.                
    [2355 to 2357. Repealed.]                                         
    2358.       Research and development projects.                    
    2359.       Science and technology programs to be conducted so as
                 to foster the transition of science and technology to
                 higher levels of research, development, test, and
                 evaluation.                                          
    2359a.      Technology Transition Initiative.                     
    2359b.      Defense Acquisition Challenge Program.                
    2360.       Research and development laboratories: contracts for
                 services of university students.                     
    2361.       Award of grants and contracts to colleges and
                 universities: requirement of competition.            
    [2362, 2363. Repealed.]                                           
    2364.       Coordination and communication of defense research
                 activities.                                          
    2365.       Global Research Watch Program.                        
    2366.       Major systems and munitions programs: survivability
                 testing and lethality testing required before
                 full-scale production.                               
    2366a.      Major defense acquisition programs: certification
                 required before Milestone B approval or Key Decision
                 Point B approval.(!1)                                 
    2367.       Use of federally funded research and development
                 centers.                                             
    [2368 to 2370a. Repealed.]                                        
    2371.       Research projects: transactions other than contracts
                 and grants.                                          
    2371a.      Cooperative research and development agreements under
                 Stevenson-Wydler Technology Innovation Act of 1980.  
    2372.       Independent research and development and bid and
                 proposal costs: payments to contractors.             
    2373.       Procurement for experimental purposes.                
    2374.       Merit-based award of grants for research and
                 development.                                         
    2374a.      Prizes for advanced technology achievements.          
    2374b.      Prizes for achievements in promoting science,
                 mathematics, engineering, or technology education.   

                                AMENDMENTS                            
      2006 - Pub. L. 109-163, div. A, title VIII, Sec. 801(b), Jan. 6,
    2006, 119 Stat. 3367, added item 2366a.
      2004 - Pub. L. 108-375, div. A, title X, Sec. 1005(b), Oct. 28,
    2004, 118 Stat. 2036, struck out item 2370a "Medical
    countermeasures against biowarfare threats: allocation of funding
    between near-term and other threats".
      2003 - Pub. L. 108-136, div. A, title II, Secs. 231(b), 232(b),
    Nov. 24, 2003, 117 Stat. 1422, 1423, added items 2352 and 2365.
      2002 - Pub. L. 107-314, div. A, title II, Secs. 242(a)(2),
    243(b), 248(c)(2), Dec. 2, 2002, 116 Stat. 2495, 2498, 2503, added
    items 2359a, 2359b, and 2374b.
      2000 - Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec.
    904(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-225, added item
    2359.
      1999 - Pub. L. 106-65, div. A, title II, Sec. 244(b), Oct. 5,
    1999, 113 Stat. 552, added item 2374a.
      1996 - Pub. L. 104-201, div. A, title II, Sec. 267(c)(1)(C),
    Sept. 23, 1996, 110 Stat. 2468, added item 2371a.
      Pub. L. 104-106, div. A, title VIII, Sec. 802(b), title X, Secs.
    1061(j)(2), 1062(c)(2), Feb. 10, 1996, 110 Stat. 390, 443, 444,
    struck out items 2352 "Contracts: notice to Congress required for
    contracts performed over period exceeding 10 years", 2356
    "Contracts: delegations", and 2370 "Biological Defense Research
    Program".
      1994 - Pub. L. 103-355, title I, Sec. 1301(c), title II, Sec.
    2002(b), title III, Sec. 3062(b), title VII, Sec. 7203(a)(3), Oct.
    13, 1994, 108 Stat. 3287, 3303, 3337, 3380, added item 2374,
    substituted in item 2358 "Research and development projects" for
    "Research projects" and in item 2371 "Research projects:
    transactions other than contracts and grants" for "Advanced
    research projects: cooperative agreements and other transactions",
    and struck out item 2355 "Contracts: vouchering procedures" and
    item 2369 "Product evaluation activity".
      1993 - Pub. L. 103-160, div. A, title II, Sec. 214(b), title
    VIII, Sec. 828(a)(2), (c)(2), Nov. 30, 1993, 107 Stat. 1586, 1713,
    1714, struck out item 2362 "Testing requirements: wheeled or
    tracked armored vehicles" and added items 2370a and 2373.
      1992 - Pub. L. 102-484, div. A, title VIII, Sec. 821(c)(2), div.
    D, title XLII, Sec. 4271(b)(3), Oct. 23, 1992, 106 Stat. 2460,
    2696, struck out items 2363 "Encouragement of technology transfer"
    and 2365 "Competitive prototype strategy requirement: major defense
    acquisition programs".
      1991 - Pub. L. 102-190, div. A, title VIII, Secs. 802(a)(2),
    803(a)(2), 821(c)(2), Dec. 5, 1991, 105 Stat. 1414, 1415, 1431,
    substituted item 2352 for former item 2352 "Contracts: limited to
    five-year terms", struck out item 2368 "Critical technologies
    research", and substituted item 2372 for former item 2372
    "Independent research and development".
      Pub. L. 102-25, title VII, Sec. 701(e)(5), Apr. 6, 1991, 105
    Stat. 114, inserted period at end of item 2366.
      1990 - Pub. L. 101-510, div. A, title II, Sec. 241(b), title
    VIII, Sec. 824(a)(2), title XIII, Sec. 1331(5), Nov. 5, 1990, 104
    Stat. 1517, 1604, 1673, struck out items 2357 "Contracts: reports
    to Congress" and 2359 "Salaries of officers of Federal contract
    research centers: reports to Congress" and added items 2370 and
    2372.
      1989 - Pub. L. 101-189, div. A, title II, Sec. 251(a)(2), title
    VIII, Secs. 802(c)(4)(B), 841(c)(2), Nov. 29, 1989, 103 Stat. 1404,
    1486, 1514, substituted "testing and lethality testing required
    before full-scale production" for "and lethality testing;
    operational testing" in item 2366, substituted "research" for
    "plan" in item 2368, and added item 2371.
      1988 - Pub. L. 100-456, div. A, title II, Sec. 220(b), title
    VIII, Secs. 823(a)(2), 842(b), Sept. 29, 1988, 102 Stat. 1941,
    2018, 2026, added items 2361, 2368, and 2369.
      Pub. L. 100-370, Sec. 1(g)(4), July 19, 1988, 102 Stat. 847,
    added item 2351, and struck out item 2361 "Availability of
    appropriations".
      1987 - Pub. L. 100-180, div. A, title XII, Sec. 1231(10)(C),
    (12), Dec. 4, 1987, 101 Stat. 1160, substituted "defense" for
    "Defense" in item 2364 and "federally" for "Federally" in item
    2367.
      Pub. L. 100-26, Sec. 5(3)(B), Apr. 21, 1987, 101 Stat. 274, made
    technical amendment to directory language of section 909(a)(2) of
    Pub. L. 99-500, Pub. L. 99-591, and 99-661. See 1986 Amendment note
    below.
      Pub. L. 100-26, Sec. 3(1)(B), Apr. 21, 1987, 101 Stat. 273, made
    technical amendment to directory language of section 234(c)(2) of
    Pub. L. 99-661. See 1986 Amendment note below.
      1986 - Pub. L. 99-661, div. A, title II, Sec. 234(c)(2), Nov. 14,
    1986, 100 Stat. 3849, as amended by Pub. L. 100-26, Sec. 3(1)(B),
    Apr. 21, 1987, 101 Stat. 273, added item 2364.
      Pub. L. 99-500, Sec. 101(c) [title X, Secs. 909(a)(2), 910(a)(2),
    912(a)(2)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-143, 1783-144,
    1783-146, and Pub. L. 99-591, Sec. 101(c) [title X, Secs.
    909(a)(2), 910(a)(2), 912(a)(2)], Oct. 30, 1986, 100 Stat. 3341-82,
    3341-143, 3341-144, 3341-146; Pub. L. 99-661, div. A, title IX,
    formerly title IV, Secs. 909(a)(2), 910(a)(2), 912(a)(2), Nov. 14,
    1986, 100 Stat. 3849, 3922, 3924, 3926, renumbered title IX, Pub.
    L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; as amended by
    Pub. L. 100-26, Sec. 5(3)(B), Apr. 21, 1987, 101 Stat. 274, amended
    analysis identically, adding items 2365, 2366, and 2367.
      1985 - Pub. L. 99-145, title I, Sec. 123(a)(2), title XIV, Sec.
    1457(b), Nov. 8, 1985, 99 Stat. 601, 763, added items 2362 and
    2363.
      1982 - Pub. L. 97-258, Sec. 2(b)(3)(A), Sept. 13, 1982, 96 Stat.
    1052, added item 2361.
      1981 - Pub. L. 97-86, title VI, Sec. 603(b), Dec. 1, 1981, 95
    Stat. 1110, added item 2360.
      1979 - Pub. L. 96-107, title VIII, 819(a)(2), Nov. 9, 1979, 93
    Stat. 819, added item 2359.
      1962 - Pub. L. 87-651, title II, Sec. 208(b), Sept. 7, 1962, 76
    Stat. 523, added item 2358.
      1958 - Pub. L. 85-599, Sec. 3(d), Aug. 6, 1958, 72 Stat. 516,
    struck out item 2351 "Policy, plans, and coordination".

-FOOTNOTE-
    (!1) So in original. Does not conform to section catchline.


-End-



-CITE-
    10 USC Sec. 2351                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2351. Availability of appropriations

-STATUTE-
      (a) Funds appropriated to the Department of Defense for research
    and development remain available for obligation for a period of two
    consecutive years.
      (b) Funds appropriated to the Department of Defense for research
    and development may be used - 
        (1) for the purposes of section 2353 of this title; and
        (2) for purposes related to research and development for which
      expenditures are specifically authorized in other appropriations
      of the Department of Defense.

-SOURCE-
    (Added Pub. L. 97-258, Sec. 2(b)(3)(B), Sept. 13, 1982, 96 Stat.
    1052, Sec. 2361; renumbered Sec. 2351 and amended Pub. L. 100-370,
    Sec. 1(g)(1), July 19, 1988, 102 Stat. 846.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1982 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    2361         31:649c(2).                   Aug. 10, 1956, ch. 1041, 
                                                Sec. 40(2), 70A Stat.   
                                                636; Nov. 17, 1971, Pub.
                                                L. 92-156, Sec. 201(b), 
                                                85 Stat. 424.           
    --------------------------------------------------------------------

      The words "Unless otherwise provided in the appropriation Act
    concerned" are omitted as unnecessary and for consistency. The word
    "Funds" is substituted for "moneys" for consistency in title 10.

                                 1988 ACT                             
      Subsection (a) is based on section 2361 of this title.
      Subsection (b) is based on Pub. L. 99-190, Sec. 101(b) [title
    VIII, Sec. 8015], Dec. 19, 1985, 99 Stat. 1185, 1205.

                             PRIOR PROVISIONS                         
      A prior section 2351, act Aug. 10, 1956, ch. 1041, 70A Stat. 133,
    related to policy, plans, and coordination relative to research and
    development on scientific problems relating to the national
    security, prior to repeal by Pub. L. 85-599, Sec. 3(d).

                                AMENDMENTS                            
      1988 - Pub. L. 100-370 renumbered section 2361 of this title as
    this section, designated such provisions as subsec. (a), and added
    subsec. (b).

-End-



-CITE-
    10 USC Sec. 2352                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2352. Defense Advanced Research Projects Agency: biennial
      strategic plan

-STATUTE-
      (a) Requirement for Strategic Plan. - Every other year, and in
    time for submission to Congress under subsection (c), the Director
    of the Defense Advanced Research Projects Agency shall prepare a
    strategic plan for the activities of that agency.
      (b) Contents. - The strategic plan required by subsection (a)
    shall include the following matters:
        (1) The long-term strategic goals of that agency.
        (2) Identification of the research programs of that agency that
      support - 
          (A) achievement of those strategic goals; and
          (B) exploitation of opportunities that hold the potential for
        yielding significant military benefits.

        (3) The connection of the activities and programs of that
      agency to activities and missions of the armed forces.
        (4) A technology transition strategy for the programs of that
      agency.
        (5) A description of the policies of that agency on the
      management, organization, and personnel of that agency.

      (c) Submission of Plan to Congress. - The Secretary of Defense
    shall submit to Congress the strategic plan most recently prepared
    under subsection (a) at the same time that the President submits to
    Congress the budget for an even-numbered fiscal year under section
    1105(a) of title 31.

-SOURCE-
    (Added Pub. L. 108-136, div. A, title II, Sec. 232(a), Nov. 24,
    2003, 117 Stat. 1422.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2352, acts Aug. 10, 1956, ch. 1041, 70A Stat.
    133; Dec. 5, 1991, Pub. L. 102-190, div. A, title VIII, Sec.
    803(a)(1), 105 Stat. 1414; Pub. L. 102-484, div. A, title X, Sec.
    1053(4), Oct. 23, 1992, 106 Stat. 2501, required Secretary of
    military department to give notice to Congress of contracts
    performed over a period exceeding 10 years, prior to repeal by Pub.
    L. 104-106, div. A, title X, Sec. 1062(c)(1), Feb. 10, 1996, 110
    Stat. 444.

-End-



-CITE-
    10 USC Sec. 2353                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2353. Contracts: acquisition, construction, or furnishing of
      test facilities and equipment

-STATUTE-
      (a) A contract of a military department for research or
    development, or both, may provide for the acquisition or
    construction by, or furnishing to, the contractor, of research,
    developmental, or test facilities and equipment that the Secretary
    of the military department concerned determines to be necessary for
    the performance of the contract. The facilities and equipment, and
    specialized housing for them, may be acquired or constructed at the
    expense of the United States, and may be lent or leased to the
    contractor with or without reimbursement, or may be sold to him at
    fair value. This subsection does not authorize new construction or
    improvements having general utility.
      (b) Facilities that would not be readily removable or separable
    without unreasonable expense or unreasonable loss of value may not
    be installed or constructed under this section on property not
    owned by the United States, unless the contract contains - 
        (1) a provision for reimbursing the United States for the fair
      value of the facilities at the completion or termination of the
      contract or within a reasonable time thereafter;
        (2) an option in the United States to acquire the underlying
      land; or
        (3) an alternative provision that the Secretary concerned
      considers to be adequate to protect the interests of the United
      States in the facilities.

      (c) Proceeds of sales or reimbursements under this section shall
    be paid into the Treasury as miscellaneous receipts, except to the
    extent otherwise authorized by law with respect to property
    acquired by the contractor.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    2353(a)      5:235e (1st sentence; and     July 16, 1952, ch. 882,  
                  2d sentence, less 2d and      Sec. 4 (less 3d and last
                  last provisos).               sentences), 66 Stat. 725.
                 5:475j (1st sentence; and                              
                  2d sentence, less 2d and                              
                  last provisos).                                       
                 5:628e (1st sentence; and                              
                  2d sentence, less 2d and                              
                  last provisos).                                       
    2353(b)      5:235e (2d proviso of 2d                               
                  sentence).                                            
                 5:475j (2d proviso of 2d                               
                  sentence).                                            
                 5:628e (2d proviso of 2d                               
                  sentence).                                            
    2353(c)      5:235e (last proviso of                                
                  2d sentence).                                         
                 5:475j (last proviso of                                
                  2d sentence).                                         
                 5:628e (last proviso of                                
                  2d sentence).                                         
    --------------------------------------------------------------------

      In subsection (a), the words "furnished to" and "for the use
    thereof" are omitted as surplusage.
      In subsections (a) and (b), the words "United States" are
    substituted for the word "Government".
      In subsection (b), the introductory clause is substituted for
    5:235e (words of 2d proviso before clause (1)), 475j, and 628e. The
    words "that * * * considers" are substituted for the words "as will
    in the opinion". The words "an alternative" are substituted for the
    words "such other".
      In subsection (c), the words "Proceeds of" are substituted for
    the words "That all moneys arising from".

       USE OF RESEARCH AND DEVELOPMENT FUNDS FOR TEST FACILITIES AND
                                 EQUIPMENT
      Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8015], Dec. 19,
    1985, 99 Stat. 1185, 1205, which provided that appropriations
    available to the Department of Defense for research and development
    could be used for 10 U.S.C. 2353 and for purposes related to
    research and development for which expenditures are specifically
    authorized in other appropriations of the Service concerned, was
    repealed and restated in section 2351(b) of this title by Pub. L.
    100-370, Sec. 1(g)(1)(B), (2), July 19, 1988, 102 Stat. 846.

-End-



-CITE-
    10 USC Sec. 2354                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2354. Contracts: indemnification provisions

-STATUTE-
      (a) With the approval of the Secretary of the military department
    concerned, any contract of a military department for research or
    development, or both, may provide that the United States will
    indemnify the contractor against either or both of the following,
    but only to the extent that they arise out of the direct
    performance of the contract and to the extent not compensated by
    insurance or otherwise:
        (1) Claims (including reasonable expenses of litigation or
      settlement) by third persons, including employees of the
      contractor, for death, bodily injury, or loss of or damage to
      property, from a risk that the contract defines as unusually
      hazardous.
        (2) Loss of or damage to property of the contractor from a risk
      that the contract defines as unusually hazardous.

      (b) A contract, made under subsection (a), that provides for
    indemnification must also provide for - 
        (1) notice to the United States of any claim or suit against
      the contractor for the death, bodily injury, or loss of or damage
      to property; and
        (2) control of or assistance in the defense by the United
      States, at its election, of that suit or claim.

      (c) No payment may be made under subsection (a) unless the
    Secretary of the department concerned, or an officer or official of
    his department designated by him, certifies that the amount is just
    and reasonable.
      (d) Upon approval by the Secretary concerned, payments under
    subsection (a) may be made from - 
        (1) funds obligated for the performance of the contract
      concerned;
        (2) funds available for research or development, or both, and
      not otherwise obligated; or
        (3) funds appropriated for those payments.

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

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    2354(a)      5:235f (1st sentence,         July 16, 1952, ch. 882,  
                  less provisos).               Sec. 5, 66 Stat. 726.   
                 5:475k (1st sentence,                                  
                  less provisos).                                       
                 5:628f (1st sentence,                                  
                  less provisos).                                       
    2354(b)      5:235f (1st proviso of                                 
                  1st sentence).                                        
                 5:475k (1st proviso of                                 
                  1st sentence).                                        
                 5:628f (1st proviso of                                 
                  1st sentence).                                        
    2354(c)      5:235f (last proviso of                                
                  1st sentence).                                        
                 5:475k (last proviso of                                
                  1st sentence).                                        
                 5:628f (last proviso of                                
                  1st sentence).                                        
    2354(d)      5:235f (less 1st                                       
                  sentence).                                            
                 5:475k (less 1st                                       
                  sentence).                                            
                 5:628f (less 1st                                       
                  sentence).                                            
    --------------------------------------------------------------------

      In subsection (a), the words "Liability on account of", and "of
    such claims" are omitted as surplusage. In clauses (1) and (2), the
    word "from" is substituted for the words "arising as a result of".
      In subsections (a) and (b), the words "United States" are
    substituted for the word "Government".
      In subsection (b), the words "made under subsection (a), that
    provides for indemnification" are substituted for the words "so
    providing * * * with respect to any alleged liability for such
    death". The words "appropriate" and "or actions filed * * * or
    made" are omitted as surplusage.
      In subsection (c), the words "by the Government", "authority of",
    and "for such purpose" are omitted as surplusage.
      In subsection (d), the words "by the Congress" and "the making
    of" are omitted as surplusage. The words "or both" are inserted to
    conform to subsection (a).

-End-



-CITE-
    10 USC Sec. 2355                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2355. Repealed.

-MISC1-
    [Sec. 2355. Repealed. Pub. L. 103-355, title II, Sec. 2002(a), Oct.
      13, 1994, 108 Stat. 3303].
      Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 135, authorized
    Secretary of each military department to prescribe by regulation
    the extent of itemization, substantiation, or certification of
    vouchers for funds spent under research or development contracts
    prior to payment.

-End-



-CITE-
    10 USC Sec. 2356                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2356. Repealed.

-MISC1-
    [Sec. 2356. Repealed. Pub. L. 104-106, div. A, title VIII, Sec.
      802(a), Feb. 10, 1996, 110 Stat. 390].
      Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 135; Sept. 2,
    1958, Pub. L. 85-861, Sec. 1(43A), 72 Stat. 1457; July 18, 1984,
    Pub. L. 98-369, div. B, title VII, Sec. 2727(d), 98 Stat. 1195;
    Dec. 4, 1987, Pub. L. 100-180, div. A, title XII, Sec. 1231(18)(B),
    101 Stat. 1161, related to delegations of authority under sections
    1584, 2353, 2354, and 2355 of this title.

-End-



-CITE-
    10 USC Sec. 2357                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2357. Repealed.

-MISC1-
    [Sec. 2357. Repealed. Pub. L. 101-510, div. A, title XIII, Sec.
      1301(11), Nov. 5, 1990, 104 Stat. 1668].
      Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 135, required
    Secretary of each military department to report to Congress on
    contracts for research and development.

-End-



-CITE-
    10 USC Sec. 2358                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2358. Research and development projects

-STATUTE-
      (a) Authority. - The Secretary of Defense or the Secretary of a
    military department may engage in basic research, applied research,
    advanced research, and development projects that - 
        (1) are necessary to the responsibilities of such Secretary's
      department in the field of research and development; and
        (2) either - 
          (A) relate to weapon systems and other military needs; or
          (B) are of potential interest to the Department of Defense.

      (b) Authorized Means. - The Secretary of Defense or the Secretary
    of a military department may perform research and development
    projects - 
        (1) by contract, cooperative agreement, or grant, in accordance
      with chapter 63 of title 31;
        (2) through one or more military departments;
        (3) by using employees and consultants of the Department of
      Defense; or
        (4) by mutual agreement with the head of any other department
      or agency of the Federal Government.

      (c) Requirement of Potential Department of Defense Interest. -
    Funds appropriated to the Department of Defense or to a military
    department may not be used to finance any research project or study
    unless the project or study is, in the opinion of the Secretary of
    Defense or the Secretary of that military department, respectively,
    of potential interest to the Department of Defense or to such
    military department, respectively.
      (d) Additional Provisions Applicable to Cooperative Agreements. -
    Additional authorities, conditions, and requirements relating to
    certain cooperative agreements authorized by this section are
    provided in sections 2371 and 2371a of this title.

-SOURCE-
    (Added Pub. L. 87-651, title II, Sec. 208(a), Sept. 7, 1962, 76
    Stat. 523; amended Pub. L. 97-86, title IX, Sec. 910, Dec. 1, 1981,
    95 Stat. 1120; Pub. L. 100-370, Sec. 1(g)(3), July 19, 1988, 102
    Stat. 846; Pub. L. 103-160, div. A, title VIII, Sec. 827(a), Nov.
    30, 1993, 107 Stat. 1712; Pub. L. 103-355, title I, Sec. 1301(a),
    Oct. 13, 1994, 108 Stat. 3284; Pub. L. 104-201, div. A, title II,
    Sec. 267(c)(2), Sept. 23, 1996, 110 Stat. 2468.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1962 ACT                             
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    2358         5:171c(b)(2), (3).            July 26, 1947, ch. 343,  
                                                Sec. 203(b)(2), (3);    
                                                added Aug. 6, 1958, Pub.
                                                L. 85-599, Sec. 9(a) (3d
                                                and 4th pars.), 72 Stat.
                                                520.                    
    --------------------------------------------------------------------

      5 U.S.C. 171c(b)(3) is omitted as unnecessary since the
    authorization for appropriations is implied in 5 U.S.C. 171c(b)(2).

                                 1988 ACT                             
      In the existing text of 10 U.S.C. 2358, the bill would in two
    instances strike the phrase "or his designee" appearing after
    "Secretary of Defense" (section 1(g)(3)). The change is made for
    consistency in the Code, and no substantive change is intended. The
    committee notes that the Secretary of Defense has general authority
    to delegate functions under 10 U.S.C. 113(d).
      Subsection (b) is based on Pub. L. 91-441, title II, Sec. 204,
    Oct. 7, 1970, 84 Stat. 908.

                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-201 substituted "sections 2371
    and 2371a" for "section 2371".
      1994 - Pub. L. 103-355 amended section generally, inserting
    reference to development projects in section catchline, and in text
    specifying that relevant Secretary may perform research and
    development projects in accordance with chapter 63 of title 31, and
    adding subsec. (d) relating to additional provisions applicable to
    cooperative agreements.
      1993 - Pub. L. 103-160 amended section generally. Prior to
    amendment, section read as follows:
      "(a) In General. - Subject to approval by the President, the
    Secretary of Defense may engage in basic and applied research
    projects that are necessary to the responsibilities of the
    Department of Defense in the field of basic and applied research
    and development and that relate to weapons systems and other
    military needs. Subject to approval by the President, the Secretary
    may perform assigned research and development projects - 
        "(1) by contract with, or by grant to, educational or research
      institutions, private businesses, or other agencies of the United
      States;
        "(2) through one or more of the military departments; or
        "(3) by using employees and consultants of the Department of
      Defense.
      "(b) Requirement of Potential Military Relationship. - Funds
    appropriated to the Department of Defense may not be used to
    finance any research project or study unless the project or study
    has, in the opinion of the Secretary of Defense, a potential
    relationship to a military function or operation."
      1988 - Pub. L. 100-370 designated existing provisions as subsec.
    (a), inserted heading, struck out "or his designee" after
    "Secretary of Defense" and "President, the Secretary", and added
    subsec. (b).
      1981 - Par. (1). Pub. L. 97-86 substituted "by contract with, or
    by grant to," for "by contract with".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of Title 41, Public Contracts.

                          HYPERSONICS DEVELOPMENT                      
      Pub. L. 109-364, div. A, title II, Sec. 218, Oct. 17, 2006, 120
    Stat. 2126, provided that:
      "(a) Establishment of Joint Technology Office on Hypersonics. -
    The Secretary of Defense shall establish within the Office of the
    Secretary of Defense a joint technology office on hypersonics. The
    office shall carry out the program required under subsection (b),
    and shall have such other responsibilities relating to hypersonics
    as the Secretary shall specify.
      "(b) Program on Hypersonics. - The joint technology office
    established under subsection (a) shall carry out a program for the
    development of hypersonics for defense purposes.
      "(c) Responsibilities. - In carrying out the program required by
    subsection (b), the joint technology office established under
    subsection (a) shall do the following:
        "(1) Coordinate and integrate current and future research,
      development, test, and evaluation programs and system
      demonstration programs of the Department of Defense on
      hypersonics.
        "(2) Undertake appropriate actions to ensure - 
          "(A) close and continuous integration of the programs on
        hypersonics of the military departments with the programs on
        hypersonics of the Defense Agencies;
          "(B) coordination of the programs referred to in subparagraph
        (A) with the programs on hypersonics of the National
        Aeronautics and Space Administration; and
          "(C) that developmental testing resources are adequate and
        facilities are made available in a timely manner to support
        hypersonics research, demonstration programs, and system
        development.
        "(3) Approve demonstration programs on hypersonic systems.
        "(4) Ensure that any demonstration program on hypersonic
      systems that is carried out in any year after its approval under
      paragraph (3) is carried out only if certified under subsection
      (e) as being consistent with the roadmap under subsection (d).
      "(d) Roadmap. - 
        "(1) Roadmap required. - The joint technology office
      established under subsection (a) shall develop, and every two
      years revise, a roadmap for the hypersonics programs of the
      Department of Defense.
        "(2) Coordination. - The roadmap shall be developed and revised
      under paragraph (1) in coordination with the Joint Staff and in
      consultation with the National Aeronautics and Space
      Administration.
        "(3) Elements. - The roadmap shall include the following
      matters:
          "(A) Anticipated or potential mission requirements for
        hypersonics.
          "(B) Short-term, mid-term, and long-term goals for the
        Department of Defense on hypersonics, which shall be consistent
        with the missions and anticipated requirements of the
        Department over the applicable period.
          "(C) A schedule for meeting such goals, including - 
            "(i) the activities and funding anticipated to be required
          for meeting such goals; and
            "(ii) the activities of the National Aeronautics and Space
          Administration to be leveraged by the Department to meet such
          goals.
          "(D) The test and evaluation facilities required to support
        the activities identified in subparagraph (C), along with the
        schedule and funding required to upgrade those facilities, as
        necessary.
          "(E) Acquisition transition plans for hypersonics.
        "(4) Submittal to congress. - The Secretary shall submit to the
      congressional defense committees [Committees on Armed Services
      and Appropriations of the Senate and the House of
      Representatives] - 
          "(A) at the same time as the submittal to Congress of the
        budget for fiscal year 2008 (as submitted pursuant to section
        1105 of title 31, United States Code), the roadmap developed
        under paragraph (1); and
          "(B) at the same time as the submittal to Congress of the
        budget for each even-numbered fiscal year after 2008, the
        roadmap revised under paragraph (1).
      "(e) Annual Review and Certification of Funding. - 
        "(1) Annual review. - The joint technology office established
      under subsection (a) shall conduct on an annual basis a review of
      - 
          "(A) the funding available for research, development, test,
        and evaluation and demonstration programs within the Department
        of Defense for hypersonics, in order to determine whether or
        not such funding is consistent with the roadmap developed under
        subsection (d); and
          "(B) the hypersonics demonstration programs of the
        Department, in order to determine whether or not such programs
        avoid duplication of effort and support the goals of the
        Department in a manner consistent with the roadmap developed
        under subsection (d).
        "(2) Certification. - The joint technology office shall, as a
      result of each review under paragraph (1), certify to the
      Secretary whether or not the funding and programs subject to such
      review are consistent with the roadmap developed under subsection
      (d).
        "(3) Termination. - The requirements of this subsection shall
      terminate after the submittal to Congress of the budget for
      fiscal year 2012 pursuant to section 1105 of title 31, United
      States Code.
      "(f) Reports to Congress. - If, as a result of a review under
    subsection (e), funding or a program on hypersonics is certified
    under that subsection not to be consistent with the roadmap
    developed under subsection (d), the Secretary shall submit to the
    congressional defense committees [Committees on Armed Services and
    Appropriations of the Senate and the House of Representatives], at
    the same time as the submittal to Congress of the budget (as
    submitted pursuant to section 1105 of title 31, United States
    Code), a report on such funding or program, as the case may be,
    describing how such funding or program is not consistent with the
    roadmap, together with a statement of the actions to be taken by
    the Department."

       COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT OF VACUUM
                         ELECTRONICS TECHNOLOGIES
      Pub. L. 108-375, div. A, title II, Sec. 212, Oct. 28, 2004, 118
    Stat. 1832, provided that:
      "(a) Program Required. - The Secretary of Defense shall establish
    a program for research and development in advanced vacuum
    electronics to meet the requirements of Department of Defense
    systems.
      "(b) Description of Program. - The program under subsection (a)
    shall be carried out collaboratively by the Director of Defense
    Research and Engineering, the Secretary of the Navy, the Secretary
    of the Air Force, the Secretary of the Army, and other appropriate
    elements of the Department of Defense. The program shall include
    the following activities:
        "(1) Activities needed for development and maturation of
      advanced vacuum electronics technologies needed to meet the
      requirements of the Department of Defense.
        "(2) Identification of legacy and developmental Department of
      Defense systems which may make use of advanced vacuum electronics
      under the program.
      "(c) Report. - Not later than January 31, 2005, the Director of
    Defense Research and Engineering shall submit to the congressional
    defense committees [Committees on Armed Services and Appropriations
    of Senate and House of Representatives] a report on the
    implementation of the program under subsection (a). The report
    shall include the following:
        "(1) Identification of the organization to have lead
      responsibility for carrying out the program.
        "(2) Assessment of the role of investing in vacuum electronics
      technologies as part of the overall strategy of the Department of
      Defense for investing in electronics technologies to meet the
      requirements of the Department.
        "(3) The management plan and schedule for the program and any
      agreements relating to that plan.
        "(4) Identification of the funding required for fiscal year
      2006 and for the future-years defense program to carry out the
      program.
        "(5) A list of program capability goals and objectives.
        "(6) An outline of the role of basic and applied research in
      support of the development and maturation of advanced vacuum
      electronics technologies needed to meet the requirements of the
      Department of Defense.
        "(7) Assessment of global capabilities in vacuum electronics
      technologies and the effect of those capabilities on the national
      security and economic competitiveness of the United States."

    DEPARTMENT OF DEFENSE PROGRAM TO EXPAND HIGH-SPEED, HIGH-BANDWIDTH
                CAPABILITIES FOR NETWORK-CENTRIC OPERATIONS
      Pub. L. 108-136, div. A, title II, Sec. 234, Nov. 24, 2003, 117
    Stat. 1423, provided that:
      "(a) In General. - The Secretary of Defense shall carry out a
    program of research and development to promote the development of
    high-speed, high-bandwidth communications capabilities for support
    of network-centric operations by the Armed Forces.
      "(b) Purposes. - The purposes of the program required by
    subsection (a) are as follows:
        "(1) To accelerate the development and fielding by the Armed
      Forces of network-centric operational capabilities (including
      expanded use of unmanned vehicles, satellite communications, and
      sensors) through the promotion of research and development, and
      the focused coordination of programs, to achieve high-speed, high-
      bandwidth connectivity to military assets.
        "(2) To provide for the development of equipment and
      technologies for military high-speed, high-bandwidth
      communications capabilities for support of network-centric
      operations.
      "(c) Description of Program. - In carrying out the program of
    research and development required by subsection (a), the Secretary
    shall - 
        "(1) identify areas of advanced wireless communications in
      which research and development, or the use of emerging
      technologies, has significant potential to improve the
      performance, efficiency, cost, and flexibility of advanced
      communications systems for support of network-centric operations;
        "(2) develop a coordinated plan for research and development on
      - 
          "(A) improved spectrum access through spectrum-efficient
        communications for support of network-centric operations;
          "(B) high-speed, high-bandwidth communications;
          "(C) networks, including complex ad hoc adaptive network
        structures;
          "(D) communications devices, including efficient receivers
        and transmitters;
          "(E) computer software and wireless communication
        applications, including robust security and encryption; and
          "(F) any other matters that the Secretary considers
        appropriate for the purposes described in subsection (b);
        "(3) ensure joint research and development, and promote joint
      systems acquisition and deployment, among the military
      departments and defense agencies, including the development of
      common cross-service technology requirements and doctrine, so as
      to enhance interoperability among the military services and
      defense agencies;
        "(4) conduct joint experimentation among the Armed Forces, and
      coordinate with the Joint Forces Command, on experimentation to
      support the development of network-centric warfare capabilities
      from the operational to the small unit level in the Armed Forces;
        "(5) consult with other Federal entities and with private
      industry to develop cooperative research and development efforts,
      to the extent that such efforts are practicable.
      "(d) Report. - (1) The Secretary shall submit to the
    congressional defense committees [Committees on Armed Services and
    Appropriations of Senate and House of Representatives], together
    with the budget justification materials submitted to Congress in
    support of the Department of Defense budget for fiscal year 2006
    (as submitted with the budget of the President under section
    1105(a) of title 31, United States Code), a report on the
    activities carried out under this section through the date on which
    the report is submitted.
      "(2) The report under paragraph (1) shall include the following:
        "(A) A description of the research and development activities
      carried out under subsection (a), including the particular
      activities carried out under the plan required by subsection
      (c)(2).
        "(B) Current and proposed funding for the particular activities
      carried out under that plan, as set forth in each of
      subparagraphs (A) through (F) of subsection (c)(2).
        "(C) A description of the joint research and development
      activities required by subsection (c)(3).
        "(D) A description of the joint experimentation activities
      required by subsection (c)(4).
        "(E) An analysis of the effects on recent military operations
      of limitations on communications bandwidth and access to radio
      frequency spectrum.
        "(F) An assessment of the effect of additional resources on the
      ability to achieve the purposes described in subsection (b).
        "(G) Such recommendations for additional activities under this
      section as the Secretary considers appropriate to meet the
      purposes described in subsection (b)."

      RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL COUNTERMEASURES  
      Pub. L. 108-136, div. A, title XVI, Sec. 1601, Nov. 24, 2003, 117
    Stat. 1680, provided that:
      "(a) In General. - The Secretary of Defense (in this section
    referred to as the 'Secretary') shall carry out a program to
    accelerate the research, development and procurement of biomedical
    countermeasures, including but not limited to therapeutics and
    vaccines, for the protection of the Armed Forces from attack by one
    or more biological, chemical, radiological, or nuclear agents.
      "(b) Interagency Cooperation. - (1) In carrying out the program
    under subsection (a), the Secretary may enter into interagency
    agreements and other collaborative undertakings with other Federal
    agencies.
      "(2) The Secretary, through regular, structured, and close
    consultation with the Secretary of Health and Human Services and
    the Secretary of Homeland Security, shall ensure that the
    activities of the Department of Defense in carrying out the program
    are coordinated with, complement, and do not unnecessarily
    duplicate activities of the Department of Health and Human Services
    or the Department of Homeland Security.
      "(c) Expedited Procurement Authority. - (1) For any procurement
    of property or services for use (as determined by the Secretary) in
    performing, administering, or supporting biomedical countermeasures
    research and development, the Secretary may, when appropriate, use
    streamlined acquisition procedures and other expedited procurement
    procedures authorized in - 
        "(A) section 32A of the Office of Federal Procurement Policy
      Act, as added by section 1443 of this Act [41 U.S.C. 428a]; and
        "(B) section 2371 of title 10, United States Code, and section
      845 of the National Defense Authorization Act for Fiscal Year
      1994 (Public Law 103-160; 10 U.S.C. 2371 note).
      "(2) Notwithstanding paragraph (1) and the provisions of law
    referred to in such paragraph, each of the following provisions
    shall apply to the procurements described in this subsection to the
    same extent that such provisions would apply to such procurements
    in the absence of paragraph (1):
        "(A) Chapter 37 of title 40, United States Code (relating to
      contract work hours and safety standards).
        "(B) Subsections (a) and (b) of section 7 of the Anti-Kickback
      Act of 1986 (41 U.S.C. 57(a) and (b)).
        "(C) Section 2313 of title 10, United States Code (relating to
      the examination of contractor records).
      "(3) The Secretary shall institute appropriate internal controls
    for use of the authority under paragraph (1), including
    requirements for documenting the justification for each use of such
    authority.
      "(d) Department of Defense Facilities Authority. - (1) If the
    Secretary determines that it is necessary to acquire, lease,
    construct, or improve laboratories, research facilities, and other
    real property of the Department of Defense in order to carry out
    the program under this section, the Secretary may do so using the
    procedures set forth in paragraphs (2), (3), (4), and (5).
      "(2) The Secretary shall use existing construction authorities
    provided by subchapter I of chapter 169 of title 10, United States
    Code, to the maximum extent possible.
      "(3)(A) If the Secretary determines that use of authorities in
    paragraph (2) would prevent the Department from meeting a specific
    facility requirement for the program, the Secretary shall submit to
    the congressional defense committees [Committees on Armed Services
    and Appropriations of Senate and House of Representatives] advance
    notification, which shall include the following:
        "(i) Certification by the Secretary that use of existing
      construction authorities would prevent the Department from
      meeting the specific facility requirement.
        "(ii) A detailed explanation of the reasons why existing
      authorities cannot be used.
        "(iii) A justification of the facility requirement.
        "(iv) Construction project data and estimated cost.
        "(v) Identification of the source or sources of the funds
      proposed to be expended.
      "(B) The facility project may be carried out only after the end
    of the 21-day period beginning on the date the notification is
    received by the congressional defense committees.
      "(4) If the Secretary determines: (A) that the facility is vital
    to national security or to the protection of health, safety, or the
    quality of the environment; and (B) the requirement for the
    facility is so urgent that the advance notification in paragraph
    (3) and the subsequent 21-day deferral of the facility project
    would threaten the life, health, or safety of personnel, or would
    otherwise jeopardize national security, the Secretary may obligate
    funds for the facility and notify the congressional defense
    committees within seven days after the date on which appropriated
    funds are obligated with the information required in paragraph (3).
      "(5) The Secretary shall submit to the congressional defense
    committees a quarterly report detailing any use of the authority
    provided by paragraph (4), including costs incurred or to be
    incurred by the United States as a result of the use of the
    authority.
      "(6) Nothing in this section shall be construed to authorize the
    Secretary to acquire, construct, lease, or improve a facility
    having general utility beyond the specific purposes of the program.
      "(7) In this subsection, the term 'facility' has the meaning
    given the term in section 2801(c) of title 10, United States Code.
      "(e) Authority for Personal Services Contracts. - (1) Subject to
    paragraph (2), the authority provided by section 1091 of title 10,
    United States Code, for personal services contracts to carry out
    health care responsibilities in medical treatment facilities of the
    Department of Defense shall also be available, subject to the same
    terms and conditions, for personal services contracts to carry out
    research and development activities under this section. The number
    of individuals whose personal services are obtained under this
    subsection may not exceed 30 at any time.
      "(2) The authority provided by such section 1091 may not be used
    for a personal services contract unless the contracting officer for
    the contract ensures that - 
        "(A) the services to be procured are urgent or unique; and
        "(B) it would not be practicable for the Department of Defense
      to obtain such services by other measures.
      "(f) Streamlined Personnel Authority. - (1) The Secretary may
    appoint highly qualified experts, including scientific and
    technical personnel, to carry out research and development under
    this section in accordance with the authorities provided in section
    342 of the National Defense Authorization Act for Fiscal Year 1995
    (Public Law 103-337; 108 Stat. 2721), section 1101 of the Strom
    Thurmond National Defense Authorization Act for Fiscal Year 1999
    (Public Law 105-261 [5 U.S.C. 3104 note]), and section 1101 of this
    Act [enacting chapter 99 of Title 5, Government Organization and
    Employees, and provisions set out as a note under section 9901 of
    Title 5].
      "(2) The Secretary may use the authority under paragraph (1) only
    upon a determination by the Secretary that use of such authority is
    necessary to accelerate the research and development under the
    program.
      "(3) The Secretary shall institute appropriate internal controls
    for each use of the authority under paragraph (1)."
      Pub. L. 107-107, div. A, title X, Sec. 1044(a), Dec. 28, 2001,
    115 Stat. 1219, provided that:
      "(1) The Secretary of Defense shall carry out a program to
    aggressively accelerate the research, development, testing, and
    licensure of new medical countermeasures for defense against the
    biological warfare agents that are the highest threat.
      "(2) The program shall include the following activities:
        "(A) As the program's first priority, investment in multiple
      new technologies for medical countermeasures for defense against
      the biological warfare agents that are the highest threat,
      including for the prevention and treatment of anthrax.
        "(B) Leveraging of ideas and technologies from the biological
      technology industry."

                         VEHICLE FUEL CELL PROGRAM                     
      Pub. L. 107-314, div. A, title II, Sec. 245, Dec. 2, 2002, 116
    Stat. 2500, provided that:
      "(a) Program Required. - The Secretary of Defense shall carry out
    a program for the development of vehicle fuel cell technology.
      "(b) Goals and Objectives. - The goals and objectives of the
    program shall be as follows:
        "(1) To identify and support technological advances that are
      necessary for the development of fuel cell technology for use in
      vehicles of types to be used by the Department of Defense.
        "(2) To ensure that critical technology advances are shared
      among the various fuel cell technology programs within the
      Federal Government.
        "(3) To maximize the leverage of Federal funds that are used
      for the development of fuel cell technology.
      "(c) Content of Program. - The program shall include - 
        "(1) development of vehicle propulsion technologies and fuel
      cell auxiliary power units, together with pilot projects for the
      demonstration of such technologies, as appropriate; and
        "(2) development of technologies necessary to address critical
      issues with respect to vehicle fuel cells, such as issues
      relating to hydrogen storage and hydrogen fuel infrastructure.
      "(d) Cooperation With Industry. - (1) The Secretary shall carry
    out the program in cooperation with companies selected by the
    Secretary. The Secretary shall select such companies from among - 
        "(A) companies in the automobile and truck manufacturing
      industry;
        "(B) companies in the business of supplying systems and
      components to that industry; and
        "(C) companies in any other industries that the Secretary
      considers appropriate.
      "(2) The Secretary may enter into a cooperative agreement with
    one or more companies selected under paragraph (1) to establish an
    entity for carrying out activities required by subsection (c).
      "(3) The Secretary shall ensure that companies referred to in
    paragraph (1) collectively contribute, in cash or in kind, not less
    than one-half of the total cost of carrying out the program under
    this section.
      "(e) Coordination With Other Federal Agencies. - The Secretary
    shall carry out the program using a coordinating mechanism for
    sharing information and resources with the Department of Energy and
    other Federal agencies.
      "(f) Intial [sic] Funding. - Of the funds authorized to be
    appropriated by section 201(4) [116 Stat. 2479], $10,000,000 shall
    be available for the program required by this section."

          DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM      
      Pub. L. 107-314, div. A, title II, Sec. 246, Dec. 2, 2002, 116
    Stat. 2500, provided that:
      "(a) Establishment. - The Secretary of Defense shall carry out a
    defense nanotechnology research and development program.
      "(b) Purposes. - The purposes of the program are as follows:
        "(1) To ensure United States global superiority in
      nanotechnology necessary for meeting national security
      requirements.
        "(2) To coordinate all nanoscale research and development
      within the Department of Defense, and to provide for interagency
      cooperation and collaboration on nanoscale research and
      development between the Department of Defense and other
      departments and agencies of the United States that are involved
      in nanoscale research and development.
        "(3) To develop and manage a portfolio of fundamental and
      applied nanoscience and engineering research initiatives that is
      stable, consistent, and balanced across scientific disciplines.
        "(4) To accelerate the transition and deployment of
      technologies and concepts derived from nanoscale research and
      development into the Armed Forces, and to establish policies,
      procedures, and standards for measuring the success of such
      efforts.
        "(5) To collect, synthesize, and disseminate critical
      information on nanoscale research and development.
      "(c) Administration. - In carrying out the program, the Secretary
    shall act through the Director of Defense Research and Engineering,
    who shall supervise the planning, management, and coordination of
    the program. The Director, in consultation with the Secretaries of
    the military departments and the heads of participating Defense
    Agencies and other departments and agencies of the United States,
    shall - 
        "(1) prescribe a set of long-term challenges and a set of
      specific technical goals for the program;
        "(2) develop a coordinated and integrated research and
      investment plan for meeting the long-term challenges and
      achieving the specific technical goals that builds upon the
      Department's increased investment in nanotechnology research and
      development and the National Nanotechnology Initiative; and
        "(3) develop memoranda of agreement, joint funding agreements,
      and other cooperative arrangements necessary for meeting the long-
      term challenges and achieving the specific technical goals.
      "(d) Annual Report. - Not later than March 1 of each of 2004,
    2005, 2006, and 2007, the Director of Defense Research and
    Engineering shall submit to the congressional defense committees
    [Committees on Armed Services and Appropriations of the Senate and
    the House of Representatives] a report on the program. The report
    shall contain the following matters:
        "(1) A review of - 
          "(A) the long-term challenges and specific technical goals of
        the program; and
          "(B) the progress made toward meeting those challenges and
        achieving those goals.
        "(2) An assessment of current and proposed funding levels,
      including the adequacy of such funding levels to support program
      activities.
        "(3) A review of the coordination of activities within the
      Department of Defense, with other departments and agencies, and
      with the National Nanotechnology Initiative.
        "(4) An assessment of the extent to which effective technology
      transition paths have been established as a result of activities
      under the program.
        "(5) Recommendations for additional program activities to meet
      emerging national security requirements."

       ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND DEEPLY BURIED
                                  TARGETS
      Pub. L. 107-314, div. A, title X, Sec. 1032, Dec. 2, 2002, 116
    Stat. 2643, as amended by Pub. L. 108-136, div. C, title XXXI, Sec.
    3135, Nov. 24, 2003, 117 Stat. 1752, provided that:
      "(a) Annual Report. - Not later than April 1 of each year, the
    Secretary of Defense, the Secretary of Energy, and the Director of
    Central Intelligence shall jointly submit to the congressional
    defense committees [Committees on Armed Services and Appropriations
    of the Senate and the House of Representatives], the Select
    Committee on Intelligence of the Senate, and the Permanent Select
    Committee on Intelligence of the House of Representatives a report
    on the research and development, procurement, and other activities
    undertaken during the preceding fiscal year by the Department of
    Defense, the Department of Energy, and the intelligence community
    to develop weapons to defeat hardened and deeply buried targets.
      "(b) Report Elements. - The report for a fiscal year under
    subsection (a) shall - 
        "(1) include a discussion of the integration and
      interoperability of the activities referred to in that subsection
      that were undertaken during that fiscal year, including a
      discussion of the relevance of such activities to applicable
      recommendations by the Chairman of the Joint Chiefs of Staff,
      assisted under section 181(b) of title 10, United States Code, by
      the Joint Requirements Oversight Council; and
        "(2) set forth separately a description of the activities
      referred to in that subsection, if any, that were undertaken
      during such fiscal year by each element of - 
          "(A) the Department of Defense;
          "(B) the Department of Energy; and
          "(C) the intelligence community.
      "(c) Definition. - In this section, the term 'intelligence
    community' has the meaning given such term in section 3(4) of the
    National Security Act of 1947 (50 U.S.C. 401a(4)).
      "(d) Termination. - No report is required under this section
    after the submission of the report that is due on April 1, 2007.
      "(e) Integration Activities in Fiscal Year 2003 With Respect to
    RNEP. - The report under subsection (a) that is due on April 1,
    2004, shall include, in addition to the elements specified in
    subsection (b), a description of the integration and
    interoperability of the research and development, procurement, and
    other activities undertaken during fiscal year 2003 by the
    Department of Defense and the Department of Energy with respect to
    the Robust Nuclear Earth Penetrator."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]

         PILOT PROGRAMS FOR REVITALIZING LABORATORIES AND TEST AND
                EVALUATION CENTERS OF DEPARTMENT OF DEFENSE
      Pub. L. 107-314, div. A, title II, Sec. 241, Dec. 2, 2002, 116
    Stat. 2492, provided that:
      "(a) Additional Pilot Program. - (1) The Secretary of Defense may
    carry out a pilot program to demonstrate improved efficiency in the
    performance of research, development, test, and evaluation
    functions of the Department of Defense.
      "(2) Under the pilot program, the Secretary of Defense shall
    provide the director of one science and technology laboratory, and
    the director of one test and evaluation laboratory, of each
    military department with authority for the following:
        "(A) To use innovative methods of personnel management
      appropriate for ensuring that the selected laboratories can - 
          "(i) employ and retain a workforce appropriately balanced
        between permanent and temporary personnel and among workers
        with appropriate levels of skills and experience; and
          "(ii) effectively shape workforces to ensure that the
        workforces have the necessary sets of skills and experience to
        fulfill their organizational missions.
        "(B) To develop or expand innovative methods of entering into
      and expanding cooperative relationships and arrangements with
      private sector organizations, educational institutions (including
      primary and secondary schools), and State and local governments
      to facilitate the training of a future scientific and technical
      workforce that will contribute significantly to the
      accomplishment of organizational missions.
        "(C) To develop or expand innovative methods of establishing
      cooperative relationships and arrangements with private sector
      organizations and educational institutions to promote the
      establishment of the technological industrial base in areas
      critical for Department of Defense technological requirements.
        "(D) To waive any restrictions not required by law that apply
      to the demonstration and implementation of methods for achieving
      the objectives set forth in subparagraphs (A), (B), and (C).
      "(3) The Secretary may carry out the pilot program under this
    subsection at each selected laboratory for a period of three years
    beginning not later than March 1, 2003.
      "(b) Relationship to Fiscal Years 1999 and 2000 Revitalization
    Pilot Programs. - The pilot program under this section is in
    addition to, but may be carried out in conjunction with, the fiscal
    years 1999 and 2000 revitalization pilot programs.
      "(c) Reports. - (1) Not later than January 1, 2003, the Secretary
    shall submit to Congress a report on the experience under the
    fiscal years 1999 and 2000 revitalization pilot programs in
    exercising the authorities provided for the administration of those
    programs. The report shall include a description of - 
        "(A) barriers to the exercise of the authorities that have been
      encountered;
        "(B) the proposed solutions for overcoming the barriers; and
        "(C) the progress made in overcoming the barriers.
      "(2) Not later than September 1, 2003, the Secretary of Defense
    shall submit to Congress a report on the implementation of the
    pilot program under subsection (a) and the fiscal years 1999 and
    2000 revitalization pilot programs. The report shall include, for
    each such pilot program, the following:
        "(A) Each laboratory selected for the pilot program.
        "(B) To the extent practicable, a description of the innovative
      methods that are to be tested at each laboratory.
        "(C) The criteria to be used for measuring the success of each
      method to be tested.
      "(3) Not later than 90 days after the expiration of the period
    for the participation of a laboratory in a pilot program referred
    to in paragraph (2), the Secretary of Defense shall submit to
    Congress a final report on the participation of that laboratory in
    the pilot program. The report shall include the following:
        "(A) A description of the methods tested.
        "(B) The results of the testing.
        "(C) The lessons learned.
        "(D) Any proposal for legislation that the Secretary recommends
      on the basis of the experience at that laboratory under the pilot
      program.
      "(d) Extension of Authority for Other Revitalization Pilot
    Programs. - (1) [Amended section 246(a)(4) of Pub. L. 105-261,
    formerly set out as a note below.]
      "(2) [Amended section 245(a)(4) of Pub. L. 106-65, formerly set
    out as a note below.]
      "(e) Partnerships Under Pilot Program. - (1) The Secretary of
    Defense may authorize one or more laboratories and test centers
    participating in the pilot program under subsection (a) or in one
    of the fiscal years 1999 and 2000 revitalization pilot programs to
    enter into a cooperative arrangement (in this subsection referred
    to as a 'public-private partnership') with entities in the private
    sector and institutions of higher education for the performance of
    work.
      "(2) A competitive process shall be used for the selection of
    entities outside the Government to participate in a public-private
    partnership.
      "(3)(A) Not more than one public-private partnership may be
    established as a limited liability company.
      "(B) An entity participating in a limited liability company as a
    party to a public-private partnership under the pilot program may
    contribute funds to the company, accept contributions of funds for
    the company, and provide materials, services, and use of facilities
    for research, technology, and infrastructure of the company, if it
    is determined under regulations prescribed by the Secretary of
    Defense that doing so will improve the efficiency of the
    performance of research, test, and evaluation functions of the
    Department of Defense.
      "(f) Fiscal Years 1999 and 2000 Revitalization Pilot Programs
    Defined. - In this section, the term 'fiscal years 1999 and 2000
    revitalization pilot programs' means - 
        "(1) the pilot programs authorized by section 246 of the Strom
      Thurmond National Defense Authorization Act for Fiscal Year 1999
      (Public Law 105-261; 112 Stat. 1955; [former] 10 U.S.C. 2358
      note); and
        "(2) the pilot programs authorized by section 245 of the
      National Defense Authorization Act for Fiscal Year 2000 (Public
      Law 106-65; 113 Stat. 552; [former] 10 U.S.C. 2358 note)."
      Pub. L. 106-65, div. A, title II, Sec. 245, Oct. 5, 1999, 113
    Stat. 552, as amended by Pub. L. 107-314, div. A, title II, Sec.
    241(d)(2), Dec. 2, 2002, 116 Stat. 2493, authorized the Secretary
    of Defense to carry out a pilot program for up to five years
    beginning not later than Mar. 1, 2000, to demonstrate improved
    efficiency in the performance of research, development, test, and
    evaluation functions of the Department of Defense, and directed the
    Secretary to submit to Congress a report on the implementation of
    the program not later than Mar. 1, 2000, and a final report
    promptly after the expiration of the period for participation in
    the program.
      Pub. L. 105-261, div. A, title II, Sec. 246, Oct. 17, 1998, 112
    Stat. 1955, as amended by Pub. L. 107-314, div. A, title II, Sec.
    241(d)(1), Dec. 2, 2002, 116 Stat. 2493, authorized the Secretary
    of Defense to carry out a pilot program for up to six years
    beginning not later than Mar. 1, 1999, to demonstrate improved
    cooperative relationships with universities and other private
    sector entities for the performance of research and development
    functions, and directed the Secretary to submit a report on the
    implementation of the program to Congress not later than Mar. 1,
    1999, and a final report on participation in the program promptly
    after the expiration of the period for participation.

      DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH  
      Pub. L. 105-18, title I, Sec. 307, June 12, 1997, 111 Stat. 169,
    provided that: "For the purposes of implementing the 1997 Defense
    Experimental Program to Stimulate Competitive Research (DEPSCoR),
    the term 'State' means a State of the United States, the District
    of Columbia, Puerto Rico, Guam and the Virgin Islands of the United
    States, American Samoa and the Commonwealth of the Northern Mariana
    Islands."
      Pub. L. 103-337, div. A, title II, Sec. 257, Oct. 5, 1994, 108
    Stat. 2705, as amended by Pub. L. 104-106, div. A, title II, Sec.
    273, Feb. 10, 1996, 110 Stat. 239; Pub. L. 104-201, div. A, title
    II, Sec. 264, Sept. 23, 1996, 110 Stat. 2465; Pub. L. 105-85, div.
    A, title II, Sec. 243, Nov. 18, 1997, 111 Stat. 1667; Pub. L. 106-
    65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717;
    Pub. L. 107-314, div. A, title II, Sec. 247, Dec. 2, 2002, 116
    Stat. 2502, provided that:
      "(a) Program Required. - The Secretary of Defense, acting through
    the Director of Defense Research and Engineering, shall carry out a
    Defense Experimental Program to Stimulate Competitive Research
    (DEPSCoR) as part of the university research programs of the
    Department of Defense.
      "(b) Program Objectives. - The objectives of the program are as
    follows:
        "(1) To enhance the capabilities of institutions of higher
      education in eligible States to develop, plan, and execute
      science and engineering research that is competitive under the
      peer-review systems used for awarding Federal research
      assistance.
        "(2) To increase the probability of long-term growth in the
      competitively awarded financial assistance that institutions of
      higher education in eligible States receive from the Federal
      Government for science and engineering research.
      "(c) Program Activities. - In order to achieve the program
    objectives, the following activities are authorized under the
    program:
        "(1) Competitive award of grants for research and
      instrumentation to support such research.
        "(2) Competitive award of financial assistance for graduate
      students.
        "(3) Any other activities that are determined necessary to
      further the achievement of the objectives of the program.
      "(d) Eligible States. - (1) The Under Secretary of Defense for
    Acquisition, Technology, and Logistics shall designate which States
    are eligible States for the purposes of this section.
      "(2) The Under Secretary of Defense for Acquisition, Technology,
    and Logistics shall designate a State as an eligible State if, as
    determined by the Under Secretary - 
        "(A) the average annual amount of all Department of Defense
      obligations for science and engineering research and development
      that were in effect with institutions of higher education in the
      State for the three fiscal years preceding the fiscal year for
      which the designation is effective or for the last three fiscal
      years for which statistics are available is less than the amount
      determined by multiplying 60 percent times the amount equal to 
      1/50  of the total average annual amount of all Department of
      Defense obligations for science and engineering research and
      development that were in effect with institutions of higher
      education in the United States for such three preceding or last
      fiscal years, as the case may be; and
        "(B) the State has demonstrated a commitment to developing
      research bases in the State and to improving science and
      engineering research and education programs at institutions of
      higher education in the State.
      "(e) Coordination With Similar Federal Programs. - (1) The
    Secretary shall consult with the Director of the National Science
    Foundation and the Director of the Office of Science and Technology
    Policy in the planning, development, and execution of the program
    and shall coordinate the program with the Experimental Program to
    Stimulate Competitive Research conducted by the National Science
    Foundation and with similar programs sponsored by other departments
    and agencies of the Federal Government.
      "(2) All solicitations under the Defense Experimental Program to
    Stimulate Competitive Research shall be made to, and all awards
    shall be made through, the State committees established for
    purposes of the Experimental Program to Stimulate Competitive
    Research conducted by the National Science Foundation.
      "(3) A State committee referred to in paragraph (2) shall ensure
    that activities carried out in the State of that committee under
    the Defense Experimental Program to Stimulate Competitive Research
    are coordinated with the activities carried out in the State under
    other similar initiatives of the Federal Government to stimulate
    competitive research.
      "(f) State Defined. - In this section, the term 'State' means a
    State of the United States, the District of Columbia, the
    Commonwealth of Puerto Rico, Guam, the Virgin Islands, American
    Samoa, and the Commonwealth of the Northern Mariana Islands."

           DEFENSE LABORATORIES PERSONNEL DEMONSTRATION PROJECTS       
      Pub. L. 103-337, div. A, title III, Sec. 342(b), Oct. 5, 1994,
    108 Stat. 2721, as amended by Pub. L. 106-65, div. A, title XI,
    Sec. 1109, Oct. 5, 1999, 113 Stat. 779; Pub. L. 106-398, Sec. 1
    [[div. A], title XI, Sec. 1114], Oct. 30, 2000, 114 Stat. 1654,
    1654A-315, provided that:
      "(1) The Secretary of Defense may carry out personnel
    demonstration projects at Department of Defense laboratories
    designated by the Secretary as Department of Defense science and
    technology reinvention laboratories.
      "(2)(A) Each personnel demonstration project carried out under
    the authority of paragraph (1) shall be generally similar in nature
    to the China Lake demonstration project.
      "(B) For purposes of subparagraph (A), the China Lake
    demonstration project is the demonstration project that is
    authorized by section 6 of the Civil Service Miscellaneous
    Amendments Act of 1983 [Pub. L. 98-224, 98 Stat. 49] to be
    continued at the Naval Weapons Center, China Lake, California, and
    at the Naval Ocean Systems Center, San Diego, California.
      "(3) If the Secretary carries out a demonstration project at a
    laboratory pursuant to paragraph (1), section 4703 of title 5,
    United States Code, shall apply to the demonstration project,
    except that - 
        "(A) subsection (d) of such section 4703 shall not apply to the
      demonstration project;
        "(B) the authority of the Secretary to carry out the
      demonstration project is that which is provided in paragraph (1)
      rather than the authority which is provided in such section 4703;
      and
        "(C) the Secretary shall exercise the authorities granted to
      the Office of Personnel Management under such section 4703.
      "(4) The employees of a laboratory covered by a personnel
    demonstration project carried out under this section [enacting this
    note] shall be exempt from, and may not be counted for the purposes
    of, any constraint or limitation in a statute or regulation in
    terms of supervisory ratios or maximum number of employees in any
    specific category or categories of employment that may otherwise be
    applicable to the employees. The employees shall be managed by the
    director of the laboratory subject to the supervision of the Under
    Secretary of Defense for Acquisition, Technology, and Logistics.
      "(5) The limitations in section 5373 of title 5, United States
    Code, do not apply to the authority of the Secretary under this
    section to prescribe salary schedules and other related benefits."

      INCLUSION OF WOMEN AND MINORITIES IN CLINICAL RESEARCH PROJECTS  
      Section 252 of Pub. L. 103-160 provided that:
      "(a) General Rule. - In conducting or supporting clinical
    research, the Secretary of Defense shall ensure that - 
        "(1) women who are members of the Armed Forces are included as
      subjects in each project of such research; and
        "(2) members of minority groups who are members of the Armed
      Forces are included as subjects of such research.
      "(b) Waiver Authority. - The requirement in subsection (a)
    regarding women and members of minority groups who are members of
    the Armed Forces may be waived by the Secretary of Defense with
    respect to a project of clinical research if the Secretary
    determines that the inclusion, as subjects in the project, of women
    and members of minority groups, respectively - 
        "(1) is inappropriate with respect to the health of the
      subjects;
        "(2) is inappropriate with respect to the purpose of the
      research; or
        "(3) is inappropriate under such other circumstances as the
      Secretary of Defense may designate.
      "(c) Requirement for Analysis of Research. - In the case of a
    project of clinical research in which women or members of minority
    groups will under subsection (a) be included as subjects of the
    research, the Secretary of Defense shall ensure that the project is
    designed and carried out so as to provide for a valid analysis of
    whether the variables being tested in the research affect women or
    members of minority groups, as the case may be, differently than
    other persons who are subjects of the research."

              UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM          
      Section 802 of Pub. L. 103-160, as amended by Pub. L. 104-106,
    div. A, title II, Sec. 275, Feb. 10, 1996, 110 Stat. 241; Pub. L.
    104-201, div. A, title II, Sec. 263, Sept. 23, 1996, 110 Stat.
    2465, provided that:
      "(a) Establishment. - The Secretary of Defense, through the
    Director of Defense Research and Engineering, may establish a
    University Research Initiative Support Program.
      "(b) Purpose. - Under the program, the Director may award grants
    and contracts to eligible institutions of higher education to
    support the conduct of research and development relevant to
    requirements of the Department of Defense.
      "(c) Eligibility. - An institution of higher education is
    eligible for a grant or contract under the program if the
    institution has received less than a total of $2,000,000 in grants
    and contracts from the Department of Defense in the two most recent
    fiscal years for which complete statistics are available when
    proposals are requested for such grant or contract.
      "(d) Competition Required. - The Director shall use competitive
    procedures in awarding grants and contracts under the program.
      "(e) Selection Process. - In awarding grants and contracts under
    the program, the Director shall use a merit-based selection process
    that is consistent with the provisions of section 2361(a) of title
    10, United States Code.
      "(f) Regulations. - Not later than 90 days after the date of the
    enactment of this Act [Nov. 30, 1993], the Director shall prescribe
    regulations for carrying out the program.
      "(g) Funding. - Of the amounts authorized to be appropriated
    under section 201 [107 Stat. 1583], $20,000,000 shall be available
    for the University Research Initiative Support Program."

       INDEPENDENT RESEARCH AND DEVELOPMENT; BID AND PROPOSAL COSTS;
     NEGOTIATION OF ADVANCE AGREEMENTS WITH CONTRACTORS; ANNUAL REPORT
                                TO CONGRESS
      Pub. L. 91-441, title II, Sec. 203, Oct. 7, 1970, 84 Stat. 906,
    as amended by Pub. L. 96-342, title II, Sec. 208, Sept. 8, 1980, 94
    Stat. 1081, provided that no funds authorized to be appropriated to
    Department of Defense by this or any other Act were to be used to
    finance independent research and development or bid and proposal
    costs unless such work had, in opinion of Secretary of Defense,
    potential relationship to military functions or operations, and
    advance agreements regarding payment for such work had been
    negotiated, prior to repeal by Pub. L. 101-510, div. A, title VIII,
    Sec. 824(b), Nov. 5, 1990, 104 Stat. 1604. See section 2372 of this
    title.

     RELATIONSHIP OF RESEARCH PROJECTS OR STUDIES TO MILITARY FUNCTION
                               OR OPERATION
      Pub. L. 91-441, title II, Sec. 204, Oct. 7, 1970, 84 Stat. 908,
    which provided that no funds authorized to be appropriated to the
    Department of Defense by this or any other Act may be used to
    finance any research project or study unless such project or study
    has, in the opinion of the Secretary of Defense, a potential
    relationship to a military function or operation, was repealed and
    restated in subsec. (b) of this section by Pub. L. 100-370, Sec.
    1(g)(3)(C), (5), July 19, 1988, 102 Stat. 847.

        HERBICIDES AND DEFOLIATION PROGRAM; COMPREHENSIVE STUDY AND
    INVESTIGATION; REPORT BY JANUARY 31, 1972; TRANSMITTAL TO PRESIDENT
                       AND CONGRESS BY MARCH 1, 1972
      Pub. L. 91-441, title V, Sec. 506(c), Oct. 7, 1970, 84 Stat. 913,
    directed Secretary of Defense to enter into appropriate
    arrangements with National Academy of Sciences to conduct a
    comprehensive study and investigation to determine (A) ecological
    and physiological dangers inherent in use of herbicides, and (B)
    ecological and physiological effects of defoliation program carried
    out by Department of Defense in South Vietnam, with a report on the
    study to be transmitted to President and Congress by Mar. 1, 1972.

       CAMPUSES BARRING MILITARY RECRUITERS; CESSATION OF PAYMENTS;
                   NOTIFICATION OF SECRETARY OF DEFENSE
      Pub. L. 92-436, title VI, Sec. 606, Sept. 29, 1972, 86 Stat. 740,
    provided that:
      "(a) No part of the funds appropriated pursuant to this or any
    other Act for the Department of Defense or any of the Armed Forces
    may be used at any institution of higher learning if the Secretary
    of Defense or his designee determines that recruiting personnel of
    any of the Armed Forces of the United States are being barred by
    the policy of such institution from the premises of the
    institution: except in a case where the Secretary of the service
    concerned certifies to the Congress in writing that a specific
    course of instruction is not available at any other institution of
    higher learning and furnishes to the Congress the reasons why such
    course of instruction is of vital importance to the security of the
    United States.
      "(b) The prohibition made by subsection (a) of this section as it
    applies to research and development funds shall not apply if the
    Secretary of Defense or his designee determines that the
    expenditure is a continuation or a renewal of a previous program
    with such institution which is likely to make a significant
    contribution to the defense effort.
      "(c) The Secretaries of the military departments shall furnish to
    the Secretary of Defense or his designee within 60 days after the
    date of enactment of this Act [Sept. 29, 1972] and each January 31
    and June 30 thereafter the names of any institution of higher
    learning which the Secretaries determine on such dates are affected
    by the prohibitions contained in this section."
      Similar provisions were contained in the following prior
    authorization acts:
      Pub. L. 92-156, title V, Sec. 502, Nov. 17, 1971, 85 Stat. 427.
      Pub. L. 91-441, title V, Sec. 510, Oct. 7, 1970, 84 Stat. 914.

        FEDERAL CONTRACT RESEARCH CENTERS; OFFICERS' COMPENSATION;
                         NOTIFICATION TO CONGRESS
      Pub. L. 91-121, title IV, Sec. 407, Nov. 19, 1969, 83 Stat. 208,
    related to restrictions on use of appropriations for compensation
    of officers and employees of Federal contract research centers, and
    notice requirements respecting such payments, prior to repeal by
    Pub. L. 96-107, title VIII, Sec. 819(c), Nov. 9, 1979, 93 Stat.
    819. See section 2359 of this title.

-End-



-CITE-
    10 USC Sec. 2359                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2359. Science and technology programs to be conducted so as to
      foster the transition of science and technology to higher levels
      of research, development, test, and evaluation

-STATUTE-
      (a) Policy. - Each official specified in subsection (b) shall
    ensure that the management and conduct of the science and
    technology programs under the authority of that official are
    carried out in a manner that will foster the transition of science
    and technology to higher levels of research, development, test, and
    evaluation.
      (b) Covered Officials. - Subsection (a) applies to the following
    officials of the Department of Defense:
        (1) The Under Secretary of Defense for Acquisition, Technology,
      and Logistics.
        (2) The Secretary of each military department.
        (3) The Director of the Defense Advanced Research Projects
      Agency.
        (4) The directors and heads of other offices and agencies of
      the Department of Defense with assigned research, development,
      test, and evaluation responsibilities.

-SOURCE-
    (Added Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec.
    904(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-225.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2359, added Pub. L. 96-107, title VIII, Sec.
    819(a)(1), Nov. 9, 1979, 93 Stat. 818, related to reports on
    salaries of officers of Federal contract research centers, prior to
    repeal by Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(5),
    Nov. 5, 1990, 104 Stat. 1671.

-End-



-CITE-
    10 USC Sec. 2359a                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2359a. Technology Transition Initiative

-STATUTE-
      (a) Initiative Required. - The Secretary of Defense, acting
    through the Under Secretary of Defense for Acquisition, Technology,
    and Logistics, shall carry out an initiative, to be known as the
    Technology Transition Initiative (hereinafter in this section
    referred to as the "Initiative"), to facilitate the rapid
    transition of new technologies from science and technology programs
    of the Department of Defense into acquisition programs of the
    Department for the production of such technologies.
      (b) Objectives. - The objectives of the Initiative are as
    follows:
        (1) To accelerate the introduction of new technologies into
      operational capabilities for the armed forces.
        (2) To successfully demonstrate new technologies in relevant
      environments.

      (c) Management of Initiative. - (1) The Under Secretary shall
    designate a senior official of the Department of Defense
    (hereinafter in this section referred to as the "Manager") to
    manage the Initiative.
      (2) In managing the Initiative, the Manager shall - 
        (A) report directly to the Under Secretary; and
        (B) obtain advice and other assistance from the Technology
      Transition Council established under subsection (g).

      (3) The Manager shall - 
        (A) in consultation with the Technology Transition Council
      established under subsection (g), identify promising technology
      transition projects that can contribute to meeting Department of
      Defense technology goals and requirements;
        (B) identify potential sponsors in the Department of Defense to
      manage such projects; and
        (C) provide funds under subsection (f) for those projects that
      are selected under subsection (d)(2).

      (d) Selection of Projects. - (1) The science and technology and
    acquisition executives of each military department and each
    appropriate Defense Agency and the commanders of the unified and
    specified combatant commands may nominate technology transition
    projects for implementation under subsection (e) and shall submit a
    list of the projects so nominated to the Manager.
      (2) The Manager, in consultation with the Technology Transition
    Council established under subsection (g), shall select projects for
    implementation under subsection (e) from among the projects on the
    lists submitted under paragraph (1).
      (e) Implementation of Projects. - For each project selected under
    subsection (d)(2), the Manager shall designate a military
    department or Defense Agency to implement the project.
      (f) Funding of Projects. - (1) From funds made available to the
    Manager for the Initiative, the Manager shall, subject to
    paragraphs (2) and (3), provide funds for each project selected
    under subsection (d)(2) in an amount determined by mutual agreement
    between the Manager and the acquisition executive of the military
    department or Defense Agency concerned.
      (2) The amount of funds provided to a project under paragraph (1)
    shall be not less than the amount equal to 50 percent of the total
    cost of the project.
      (3) A project shall not be provided funds under this subsection
    for more than four fiscal years.
      (g) Technology Transition Council. - (1) There is a Technology
    Transition Council in the Department of Defense. The Council is
    composed of the following members:
        (A) The science and technology executive of each military
      department and each Defense Agency.
        (B) The acquisition executive of each military department.
        (C) The members of the Joint Requirements Oversight Council.

      (2) The duty of the Council shall be to support the Under
    Secretary of Defense for Acquisition, Technology, and Logistics in
    developing policies to facilitate the rapid transition of
    technologies from science and technology programs into acquisition
    programs of the Department of Defense.
      (3) The Council shall meet not less often than semiannually to
    carry out its duty under paragraph (2).
      (h) Report. - Not later than March 31 of each year, the Under
    Secretary shall submit to the Committee on Armed Services and the
    Committee on Appropriations of the Senate and the Committee on
    Armed Services and the Committee on Appropriations of the House of
    Representatives a report on the activities carried out by the
    Initiative during the preceding fiscal year.
      (i) Definition. - In this section, the term "acquisition
    executive", with respect to a military department or Defense
    Agency, means the official designated as the senior procurement
    executive for that military department or Defense Agency for the
    purposes of section 16(c) of the Office of Federal Procurement
    Policy Act (41 U.S.C. 414(c)).

-SOURCE-
    (Added Pub. L. 107-314, div. A, title II, Sec. 242(a)(1), Dec. 2,
    2002, 116 Stat. 2494; amended Pub. L. 109-163, div. A, title II,
    Sec. 255(a), Jan. 6, 2006, 119 Stat. 3180; Pub. L. 109-364, div. A,
    title X, Sec. 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (g)(2). Pub. L. 109-163 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The duty
    of the Council shall be to provide advice and assistance to the
    Manager under this section."
      Subsec. (i). Pub. L. 109-364 substituted "section 16(c) of the
    Office of Federal Procurement Policy Act (41 U.S.C. 414(c))" for
    "section 16(3) of the Office of Federal Procurement Policy Act (41
    U.S.C. 414(3))".

-End-



-CITE-
    10 USC Sec. 2359b                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2359b. Defense Acquisition Challenge Program

-STATUTE-
      (a) Program Required. - (1) The Secretary of Defense, acting
    through the Under Secretary of Defense for Acquisition, Technology,
    and Logistics, shall carry out a program to provide opportunities
    for the increased introduction of innovative and cost-saving
    technology in acquisition programs of the Department of Defense.
      (2) The program, to be known as the Defense Acquisition Challenge
    Program (hereinafter in this section referred to as the "Challenge
    Program"), shall provide any person or activity within or outside
    the Department of Defense with the opportunity to propose
    alternatives, to be known as challenge proposals, at the component,
    subsystem, or system level of an existing Department of Defense
    acquisition program that would result in improvements in
    performance, affordability, manufacturability, or operational
    capability of that acquisition program.
      (b) Panels. - The Under Secretary shall establish one or more
    panels of highly qualified scientists and engineers (hereinafter in
    this section referred to as "Panels") to provide preliminary
    evaluations of challenge proposals under subsection (c).
      (c) Preliminary Evaluation by Panels. - (1) Under procedures
    prescribed by the Under Secretary, a person or activity within or
    outside the Department of Defense may submit challenge proposals to
    a Panel, through the unsolicited proposal process or in response to
    a broad agency announcement.
      (2) The Under Secretary shall establish procedures pursuant to
    which appropriate officials of the Department of Defense may
    identify proposals submitted through the unsolicited proposal
    process as challenge proposals. The procedures shall provide for
    the expeditious referral of such proposals to a Panel for
    preliminary evaluation under this subsection.
      (3) The Under Secretary shall issue on an annual basis not less
    than one such broad agency announcement inviting interested parties
    to submit challenge proposals. Such announcements may also identify
    particular technology areas and acquisition programs that will be
    given priority in the evaluation of challenge proposals.
      (4)(A) The Under Secretary shall establish procedures for the
    prompt issuance of a solicitation for challenge proposals
    addressing - 
        (i) any acquisition program for which, since the last such
      announcement, the Secretary concerned has determined under
      section 2433(d) of this title that the program's acquisition unit
      cost or procurement unit cost has increased by a percentage equal
      to or greater than the critical cost growth threshold for the
      program (in this section referred to as a "critical cost growth
      threshold breach"); and
        (ii) any design, engineering, manufacturing, or technology
      integration issues, in accordance with the assessment required by
      section 2433(e)(2)(A) of this title, that have contributed
      significantly to the cost growth of such program.

      (B) A solicitation under this paragraph may be included in a
    broad agency announcement issued pursuant to paragraph (3) as long
    as the broad agency announcement is released in an expeditious
    manner following the determination of the Secretary concerned that
    a critical cost growth threshold breach has occurred with respect
    to a major defense acquisition program.
      (5) Under procedures established by the Under Secretary, a Panel
    shall carry out a preliminary evaluation of each challenge proposal
    submitted in response to a broad agency announcement, or submitted
    through the unsolicited proposal process and identified as a
    challenge proposal in accordance with paragraph (2), to determine
    each of the following:
        (A) Whether the challenge proposal has merit.
        (B) Whether the challenge proposal is likely to result in
      improvements in performance, affordability, manufacturability, or
      operational capability at the component, subsystem, or system
      level of an acquisition program.
        (C) Whether the challenge proposal could be implemented in the
      acquisition program rapidly, at an acceptable cost, and without
      unacceptable disruption to the acquisition program.

      (6) The Under Secretary - 
        (A) may establish procedures to ensure that the Challenge
      Program does not become an avenue for the repetitive submission
      of proposals that have been previously reviewed and found not to
      have merit; and
        (B) may establish procedures to ensure that the Challenge
      Program establishes appropriate priorities for proposals from
      businesses that are not major contractors with the Department of
      Defense.

      (7) If a Panel determines that a challenge proposal satisfies
    each of the criteria specified in paragraph (5), the person or
    activity submitting that challenge proposal shall be provided an
    opportunity to submit such challenge proposal for a full review and
    evaluation under subsection (d).
      (d) Full Review and Evaluation. - (1) Under procedures prescribed
    by the Under Secretary, for each challenge proposal submitted for a
    full review and evaluation as provided in subsection (c)(7), the
    office carrying out the acquisition program to which the proposal
    relates shall, in consultation with the prime system contractor
    carrying out such program, conduct a full review and evaluation of
    the proposal.
      (2) The full review and evaluation shall, independent of the
    determination of a Panel under subsection (c)(5), determine each of
    the matters specified in subparagraphs (A), (B), and (C) of such
    subsection. The full review and evaluation shall also include - 
        (A) an assessment of the cost of adopting the challenge
      proposal and implementing it in the acquisition program; and
        (B) consideration of any intellectual property issues
      associated with the challenge proposal.

      (e) Action Upon Favorable Full Review and Evaluation. - (1) Under
    procedures prescribed by the Under Secretary, each challenge
    proposal determined under a full review and evaluation to satisfy
    each of the criteria specified in subsection (c)(5) with respect to
    an acquisition program shall be considered by the office carrying
    out the applicable acquisition program and the prime system
    contractor for incorporation into the acquisition program as a new
    technology insertion at the component, subsystem, or system level.
      (2) The Under Secretary shall encourage the adoption of each
    challenge proposal referred to in paragraph (1) by providing
    suitable incentives to the office carrying out the acquisition
    program and the prime system contractor carrying out such program.
      (3) In the case of a challenge proposal submitted in response to
    a solicitation issued as a result of a critical cost growth
    threshold breach that is determined under full review and
    evaluation to satisfy each of the criteria specified in subsection
    (c)(5), the Under Secretary shall establish guidelines for covering
    the costs of the challenge proposal. If appropriate, such
    guidelines shall not be restricted to funding provided by the
    Defense Acquisition Challenge Program, but shall also consider
    alternative funding sources, such as the acquisition program with
    respect to which the breach occurred.
      (f) Action Upon Unfavorable Full Review and Evaluation. - Under
    procedures prescribed by the Under Secretary, if a challenge
    proposal is determined by a Panel to satisfy each of the criteria
    specified in subsection (c)(5), but is not determined under a full
    review and evaluation to satisfy such criteria, the following
    provisions apply:
        (1) The office carrying out the full review and evaluation
      shall provide to the Panel that conducted the preliminary
      evaluation a statement containing a summary of the rationale for
      the unfavorable evaluation.
        (2) If the Panel disagrees with the rationale provided under
      paragraph (1), the Panel may return the challenge proposal to the
      office for further consideration.

      (g) Access to Technical Resources. - (1) Under procedures
    established by the Under Secretary, the technical resources of the
    laboratories, research, development, and engineering centers, test
    and evaluation activities, and other elements of the Department may
    be called upon to support the activities of the Challenge Program.
      (2) Funds available to carry out this program may be used to
    compensate such laboratories, centers, activities, and elements for
    technical assistance provided to a Panel pursuant to paragraph (1).
      (h) Conflicts of Interest and Confidentiality. - In carrying out
    each preliminary evaluation under subsection (c) and full review
    under subsection (d), the Under Secretary shall ensure the
    elimination of conflicts of interest and that the identity of any
    person or activity submitting a challenge proposal is not disclosed
    outside the Federal Government, prior to contract award, without
    the consent of the person or activity. For purposes of the
    proceeding sentence, the term "Federal Government" includes both
    employees of the Federal Government and employees of Federal
    Government contractors providing advisory and assistance services
    as described in part 37 of the Federal Acquisition Regulation.
      (i) Limitation on Use of Funds. - Funds made available for the
    Challenge Program may be used only for activities authorized by
    this section, and not for implementation of challenge proposals.
      (j) Annual Report. - The Under Secretary shall submit an annual
    report on the Challenge Program to Congress. The report shall be
    submitted at the same time as the President submits the budget for
    a fiscal year to Congress under section 1105(a) of title 31, and
    shall cover the conduct of the Challenge Program for the preceding
    fiscal year. The report shall include the number and scope of
    challenge proposals submitted, preliminarily evaluated, subjected
    to full review and evaluation, and adopted. The report shall also
    include a list of each challenge proposal that was determined by a
    Panel to satisfy each of the criteria specified in subsection
    (c)(5), but was not determined under a full review and evaluation
    to satisfy such criteria, together with a detailed rationale for
    the Department's determination that such criteria were not
    satisfied.
      (k) Termination of Authority. - The Secretary may not carry out
    the Challenge Program under this section after September 30, 2012.

-SOURCE-
    (Added Pub. L. 107-314, div. A, title II, Sec. 243(a), Dec. 2,
    2002, 116 Stat. 2495; amended Pub. L. 109-364, div. A, title II,
    Sec. 213(b), (d)-(g), Oct. 17, 2006, 120 Stat. 2121-2123.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(4), (5). Pub. L. 109-364, Sec. 213(b)(1),
    added par. (4) and redesignated former par. (4) as (5). Former par.
    (5) redesignated (6).
      Subsec. (c)(6). Pub. L. 109-364, Sec. 213(b)(1)(A), (d),
    redesignated par. (5) as (6) and amended it generally. Prior to
    amendment, par. (6) read as follows: "The Under Secretary may
    establish procedures to ensure that the Challenge Program does not
    become an avenue for the repetitive submission of proposals that
    have been previously reviewed and found not to have merit." Former
    par. (6) redesignated (7).
      Subsec. (c)(7). Pub. L. 109-364, Sec. 213(b)(1)(A), (g)(1),
    redesignated par. (6) as (7) and substituted "paragraph (5)" for
    "paragraph (4)".
      Subsec. (d)(1). Pub. L. 109-364, Sec. 213(g)(2), substituted
    "subsection (c)(7)" for "subsection (c)(6)".
      Subsec. (d)(2). Pub. L. 109-364, Sec. 213(g)(3), substituted
    "subsection (c)(5)" for "subsection (c)(4)" in introductory
    provisions.
      Subsec. (e)(1). Pub. L. 109-364, Sec. 213(g)(4), substituted
    "subsection (c)(5)" for "subsection (c)(4)".
      Subsec. (e)(3). Pub. L. 109-364, Sec. 213(b)(2), added par. (3).
      Subsecs. (f), (g). Pub. L. 109-364, Sec. 213(b)(3), added subsec.
    (f) and redesignated former subsec. (f) as (g). Former subsec. (g)
    redesignated (h).
      Subsec. (h). Pub. L. 109-364, Sec. 213(b)(3)(A), (e),
    redesignated subsec. (g) as (h), substituted "Conflicts of Interest
    and Confidentiality" for "Elimination of Conflicts of Interest" in
    heading, substituted "conflicts of interest and that the identity
    of any person or activity submitting a challenge proposal is not
    disclosed outside the Federal Government, prior to contract award,
    without the consent of the person or activity" for "conflicts of
    interest", and inserted at end "For purposes of the proceeding
    sentence, the term 'Federal Government' includes both employees of
    the Federal Government and employees of Federal Government
    contractors providing advisory and assistance services as described
    in part 37 of the Federal Acquisition Regulation." Former subsec.
    (h) redesignated (i).
      Subsec. (i). Pub. L. 109-364, Sec. 213(b)(3)(A), redesignated
    subsec. (h) as (i). Former subsec. (i) redesignated (j).
      Subsec. (j). Pub. L. 109-364, Sec. 213(b)(3)(A), (4),
    redesignated subsec. (i) as (j) and substituted "The report shall
    also include a list of each challenge proposal that was determined
    by a Panel to satisfy each of the criteria specified in subsection
    (c)(5), but was not determined under a full review and evaluation
    to satisfy such criteria, together with a detailed rationale for
    the Department's determination that such criteria were not
    satisfied" for "No report is required for a fiscal year in which
    the Challenge Program is not carried out". Former subsec. (j)
    redesignated (k).
      Subsec. (k). Pub. L. 109-364, Sec. 213(b)(3)(A), (f),
    redesignated subsec. (j) as (k) and substituted "2012" for "2007".

-End-



-CITE-
    10 USC Sec. 2360                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2360. Research and development laboratories: contracts for
      services of university students

-STATUTE-
      (a) Subject to the availability of appropriations for such
    purpose, the Secretary of Defense may procure by contract under the
    authority of this section the temporary or intermittent services of
    students at institutions of higher learning for the purpose of
    providing technical support at defense research and development
    laboratories. Such contracts may be made directly with such
    students or with nonprofit organizations employing such students.
      (b) Students providing services pursuant to a contract made under
    subsection (a) shall be considered to be employees for the purposes
    of chapter 81 of title 5, relating to compensation for work
    injuries, and to be employees of the government for the purposes of
    chapter 171 of title 28, relating to tort claims. Such students who
    are not otherwise employed by the Federal Government shall not be
    considered to be Federal employees for any other purpose.
      (c) The Secretary of Defense shall prescribe regulations to carry
    out this section. Such regulations shall include definitions for
    the purposes of this section of the terms "student", "institution
    of higher learning", and "nonprofit organization".

-SOURCE-
    (Added Pub. L. 97-86, title VI, Sec. 603(a), Dec. 1, 1981, 95 Stat.
    1110.)

-End-



-CITE-
    10 USC Sec. 2361                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2361. Award of grants and contracts to colleges and
      universities: requirement of competition

-STATUTE-
      (a) The Secretary of Defense may not make a grant or award a
    contract to a college or university for the performance of research
    and development, or for the construction of any research or other
    facility, unless - 
        (1) in the case of a grant, the grant is made using competitive
      procedures; and
        (2) in the case of a contract, the contract is awarded in
      accordance with section 2304 of this title (other than pursuant
      to subsection (c)(5) of that section).

      (b)(1) A provision of law may not be construed as modifying or
    superseding the provisions of subsection (a), or as requiring funds
    to be made available by the Secretary of Defense to a particular
    college or university by grant or contract, unless that provision
    of law - 
        (A) specifically refers to this section;
        (B) specifically states that such provision of law modifies or
      supersedes the provisions of this section; and
        (C) specifically identifies the particular college or
      university involved and states that the grant to be made or the
      contract to be awarded, as the case may be, pursuant to such
      provision of law is being made or awarded in contravention of
      subsection (a).

      (2) A grant may not be made, or a contract awarded, pursuant to a
    provision of law that authorizes or requires the making of the
    grant, or the awarding of the contract, in a manner that is
    inconsistent with subsection (a) until - 
        (A) the Secretary of Defense submits to Congress a notice in
      writing of the intent to make the grant or award the contract;
      and
        (B) a period of 180 days has elapsed after the date on which
      the notice is received by Congress.

-SOURCE-
    (Added Pub. L. 100-456, div. A, title II, Sec. 220(a), Sept. 29,
    1988, 102 Stat. 1940; amended Pub. L. 101-189, div. A, title II,
    Sec. 252(a), (b)(1), (c)(1), Nov. 29, 1989, 103 Stat. 1404, 1405;
    Pub. L. 101-510, div. A, title XIII, Sec. 1311(4), Nov. 5, 1990,
    104 Stat. 1669; Pub. L. 103-35, title II, Sec. 201(g)(5), May 31,
    1993, 107 Stat. 100; Pub. L. 103-160, div. A, title VIII, Sec.
    821(b), Nov. 30, 1993, 107 Stat. 1704; Pub. L. 103-337, div. A,
    title VIII, Sec. 813, Oct. 5, 1994, 108 Stat. 2816; Pub. L. 104-
    106, div. A, title II, Sec. 264, title XV, Sec. 1502(a)(1), Feb.
    10, 1996, 110 Stat. 237, 502; Pub. L. 104-201, div. A, title II,
    Sec. 265, Sept. 23, 1996, 110 Stat. 2466.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2361 was renumbered section 2351 of this title.

                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-201 struck out subsec. (c) which
    read as follows:
      "(1) The Secretary of Defense shall submit to the Committee on
    Armed Services of the Senate and the Committee on National Security
    of the House of Representatives an annual report on the use of
    competitive procedures for the award of research and development
    contracts, and the award of construction contracts, to colleges and
    universities. Each such report shall include - 
        "(A) a list of each college and university that, during the
      period covered by the report, received more than $1,000,000 in
      such contracts through the use of procedures other than
      competitive procedures; and
        "(B) the cumulative amount of such contracts received during
      that period by each such college and university.
      "(2) Each report under paragraph (1) shall cover the preceding
    fiscal year and shall be submitted not later than February 1 of the
    fiscal year after the fiscal year covered by the report."
      Subsec. (c)(1). Pub. L. 104-106, Sec. 1502(a)(1), substituted
    "Committee on Armed Services of the Senate and the Committee on
    National Security of the House of Representatives" for "Committees
    on Armed Services of the Senate and House of Representatives".
      Subsec. (c)(2). Pub. L. 104-106, Sec. 264, substituted "preceding
    fiscal year" for "preceding calendar year" and "the fiscal year
    after the fiscal year" for "the year after the year".
      1994 - Subsec. (c). Pub. L. 103-337 added subsec. (c).
      1993 - Subsec. (b)(2). Pub. L. 103-35 substituted "inconsistent"
    for "inconsisent".
      Subsec. (c). Pub. L. 103-160 struck out subsec. (c) which read as
    follows:
      "(1) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives an annual
    report on the use of competitive procedures for the award of
    research and development contracts, and the award of construction
    contracts, to colleges and universities. Each such report shall
    include - 
        "(A) a list of each college and university that, during the
      period covered by the report, received more than $1,000,000 in
      such contracts through the use of procedures other than
      competitive procedures; and
        "(B) the cumulative amount of such contracts received during
      that period by each such college and university.
      "(2) The reports under paragraph (1) shall cover the preceding
    calendar year and shall be submitted not later than February 1 of
    the year after the year covered by the report.
      "(3) A report is not required under paragraph (1) for any period
    beginning after December 31, 1993."
      1990 - Subsec. (c)(1). Pub. L. 101-510, Sec. 1311(4)(A),
    substituted "an annual report" for "a semiannual report" in
    introductory provisions.
      Subsec. (c)(2). Pub. L. 101-510, Sec. 1311(4)(B), substituted
    "the preceding calendar year and shall be submitted not later than
    February 1 of the year after the year covered by the report" for
    "the six-month periods ending on June 30 and December 31 of each
    year. Each such report shall be submitted within 30 days after the
    end of the period covered by the report".
      1989 - Subsec. (a). Pub. L. 101-189, Sec. 252(a), substituted
    "unless - " for "unless" and pars. (1) and (2) for "the grant or
    contract is made or awarded using competitive procedures."
      Subsec. (b). Pub. L. 101-189, Sec. 252(b)(1), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "A
    provision of law enacted after the date of the enactment of this
    section may not be construed as modifying or superseding the
    provisions of subsection (a) unless that provision of law
    specifically refers to this section and specifically states that
    such provision of law modifies or supersedes the provisions of this
    section."
      Subsec. (c). Pub. L. 101-189, Sec. 252(c)(1), added subsec. (c).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 821(b) of Pub. L. 103-160 provided that the amendment
    made by that section is effective Feb. 1, 1994.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 252(b)(2) of Pub. L. 101-189 provided that: "Subsection
    (b) of section 2361 of title 10, United States Code, as amended by
    paragraph (1), applies with respect to any provision of law enacted
    after September 30, 1989."

                              EFFECTIVE DATE                          
      Section 220(c) of Pub. L. 100-456 provided that: "The limitation
    specified in section 2361(a) of title 10, United States Code (as
    added by subsection (a)), on the authority of the Secretary of
    Defense to make grants and award contracts shall take effect on
    October 1, 1989."

        INITIAL REPORT ON USE OF COMPETITIVE PROCEDURES IN AWARDING
                                 CONTRACTS
      Section 252(c)(2) of Pub. L. 101-189 required that first report
    under subsec. (c) of this section cover last six months of 1989 and
    be submitted not later than Feb. 1, 1990.

-End-



-CITE-
    10 USC Sec. 2362                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2362. Repealed.

-MISC1-
    [Sec. 2362. Repealed. Pub. L. 103-160, div. A, title VIII, Sec.
      821(a)(3), Nov. 30, 1993, 107 Stat. 1704].
      Section, added Pub. L. 99-145, title I, Sec. 123(a)(1), Nov. 8,
    1985, 99 Stat. 599; amended Pub. L. 99-433, title I, Sec.
    110(g)(4), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100-26, Sec.
    7(k)(2), Apr. 21, 1987, 101 Stat. 284, related to testing
    requirements for wheeled or tracked armored vehicles.

-End-



-CITE-
    10 USC Sec. 2363                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2363. Repealed.

-MISC1-
    [Sec. 2363. Repealed. Pub. L. 102-484, div. D, title XLII, Secs.
      4224(c), 4271(a)(2), Oct. 23, 1992, 106 Stat. 2683, 2695].
      Section, added Pub. L. 99-145, title XIV, Sec. 1457(a), Nov. 8,
    1985, 99 Stat. 762, related to encouragement of technology
    transfer. See section 2514 of this title.

-End-



-CITE-
    10 USC Sec. 2364                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2364. Coordination and communication of defense research
      activities

-STATUTE-
      (a) Coordination of Department of Defense Technological Data. -
    The Secretary of Defense shall promote, monitor, and evaluate
    programs for the communication and exchange of technological data -
    
        (1) among the Defense research facilities, combatant commands,
      and other organizations that are involved in developing for the
      Department of Defense the technological requirements for new
      items for use by combat forces; and
        (2) among Defense research facilities and other offices,
      agencies, and bureaus in the Department that are engaged in
      related technological matters.

      (b) Functions of Defense Research Facilities. - The Secretary of
    Defense shall ensure, to the maximum extent practicable - 
        (1) that Defense research facilities are assigned broad mission
      requirements rather than specific hardware needs;
        (2) that appropriate personnel of such facilities are assigned
      to serve as consultants on component and support system
      standardization;
        (3) that the managers of such facilities have broad latitude to
      choose research and development projects;
        (4) that technology position papers prepared by Defense
      research facilities are readily available to all combatant
      commands and to contractors who submit bids or proposals for
      Department of Defense contracts; and
        (5) that, in order to promote increased consideration of
      technological issues early in the development process, any
      position paper prepared by a Defense research facility on a
      technological issue relating to a major weapon system, and any
      technological assessment made by such facility in the case of
      such component, is made a part of the records considered for the
      purpose of making acquisition program decisions.

      (c) Definitions. - In this section:
        (1) The term "Defense research facility" means a Department of
      Defense facility which performs or contracts for the performance
      of - 
          (A) basic research; or
          (B) applied research known as exploratory development.

        (2) The term "acquisition program decision" has the meaning
      prescribed by the Secretary of Defense in 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, Secs. 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."

-End-



-CITE-
    10 USC Sec. 2365                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2365. Global Research Watch Program

-STATUTE-
      (a) Program. - The Director of Defense Research and Engineering
    shall carry out a Global Research Watch program in accordance with
    this section.
      (b) Program Goals. - The goals of the program are as follows:
        (1) To monitor and analyze the basic and applied research
      activities and capabilities of foreign nations in areas of
      military interest, including allies and competitors.
        (2) To provide standards for comparison and comparative
      analysis of research capabilities of foreign nations in relation
      to the research capabilities of the United States.
        (3) To assist Congress and Department of Defense officials in
      making investment decisions for research in technical areas where
      the United States may not be the global leader.
        (4) To identify areas where significant opportunities for
      cooperative research may exist.
        (5) To coordinate and promote the international cooperative
      research and analysis activities of each of the armed forces and
      Defense Agencies.
        (6) To establish and maintain an electronic database on
      international research capabilities, comparative assessments of
      capabilities, cooperative research opportunities, and ongoing
      cooperative programs.

      (c) Focus of Program. - The program shall be focused on research
    and technologies at a technical maturity level equivalent to
    Department of Defense basic and applied research programs.
      (d) Coordination. - (1) The Director shall coordinate the program
    with the international cooperation and analysis activities of the
    military departments and Defense Agencies.
      (2) The Secretaries of the military departments and the directors
    of the Defense Agencies shall provide the Director of Defense
    Research and Engineering such assistance as the Director may
    require for purposes of the program.
      (e) Classification of Database Information. - Information in
    electronic databases of the Global Research Watch program shall be
    maintained in unclassified form and, as determined necessary by the
    Director, in classified form in such databases.
      (f) Termination. - The requirement to carry out the program under
    this section shall terminate on September 30, 2011.

-SOURCE-
    (Added Pub. L. 108-136, div. A, title II, Sec. 231(a), Nov. 24,
    2003, 117 Stat. 1421; amended Pub. L. 109-364, div. A, title II,
    Sec. 232, Oct. 17, 2006, 120 Stat. 2134.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2365, 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, prior to repeal
    by Pub. L. 102-484, div. A, title VIII, Sec. 821(c)(1), Oct. 23,
    1992, 106 Stat. 2460.

                                AMENDMENTS                            
      2006 - Subsec. (f). Pub. L. 109-364 substituted "2011" for
    "2006".

-End-



-CITE-
    10 USC Sec. 2366                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 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 "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.
        (8) 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, Secs. 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; Pub. L. 108-
    136, div. A, title X, Sec. 1043(b)(13), Nov. 24, 2003, 117 Stat.
    1611.)

-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.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (e)(7) to (9). Pub. L. 108-136 redesignated pars.
    (8) and (9) as (7) and (8), respectively, and struck out former
    par. (7) which read as follows: "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."
      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 engineering 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, Secs. 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, Secs. 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."

-End-



-CITE-
    10 USC Sec. 2366a                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2366a. Major defense acquisition programs: certification
      required before Milestone B or Key Decision Point B approval

-STATUTE-
      (a) Certification. - A major defense acquisition program may not
    receive Milestone B approval, or Key Decision Point B approval in
    the case of a space program, until the milestone decision authority
    certifies that - 
        (1) appropriate market research has been conducted prior to
      technology development to reduce duplication of existing
      technology and products;
        (2) the technology in the program has been demonstrated in a
      relevant environment;
        (3) the program demonstrates a high likelihood of accomplishing
      its intended mission;
        (4) the program is affordable when considering the per unit
      cost and the total acquisition cost in the context of the total
      resources available during the period covered by the future-years
      defense program submitted during the fiscal year in which the
      certification is made;
        (5) the Department of Defense has completed an analysis of
      alternatives with respect to the program;
        (6) the program is affordable when considering the ability of
      the Department of Defense to accomplish the program's mission
      using alternative systems;
        (7) the Joint Requirements Oversight Council has accomplished
      its duties with respect to the program pursuant to section 181(b)
      of this title, including an analysis of the operational
      requirements for the program;
        (8) reasonable cost and schedule estimates have been developed
      to execute the product development and production plan under the
      program;
        (9) funding is available to execute the product development and
      production plan under the program, through the period covered by
      the future-years defense program submitted during the fiscal year
      in which the certification is made, consistent with the estimates
      described in paragraph (8) for the program; and
        (10) the program complies with all relevant policies,
      regulations, and directives of the Department of Defense.

      (b) Submission to Congress. - The certification required under
    subsection (a) with respect to a major defense acquisition program
    shall be submitted to the congressional defense committees with the
    first Selected Acquisition Report submitted under section 2432 of
    this title after completion of the certification.
      (c) Waiver for National Security. - The milestone decision
    authority may waive the applicability to a major defense
    acquisition program of one or more components (as specified in
    paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9) of
    subsection (a)) of the certification requirement if the milestone
    decision authority determines that, but for such a waiver, the
    Department would be unable to meet critical national security
    objectives. Whenever the milestone decision authority makes such a
    determination and authorizes such a waiver, the waiver, the
    determination, and the reasons for the determination shall be
    submitted in writing to the congressional defense committees within
    30 days after the waiver is authorized.
      (d) Nondelegation. - The milestone decision authority may not
    delegate the certification requirement under subsection (a) or the
    authority to waive any component of such requirement under
    subsection (c).
      (e) Definitions. - In this section:
        (1) The term "major defense acquisition program" means a
      Department of Defense acquisition program that is a major defense
      acquisition program for purposes of section 2430 of this title.
        (2) The term "milestone decision authority", with respect to a
      major defense acquisition program, means the individual within
      the Department of Defense designated with overall responsibility
      for the program.
        (3) The term "Milestone B approval" has the meaning provided
      that term in section 2366(e)(7) of this title.
        (4) The term "Key Decision Point B" means the official program
      initiation of a National Security Space program of the Department
      of Defense, which triggers a formal review to determine maturity
      of technology and the program's readiness to begin the
      preliminary system design.

-SOURCE-
    (Added Pub. L. 109-163, div. A, title VIII, Sec. 801(a), Jan. 6,
    2006, 119 Stat. 3366; amended Pub. L. 109-364, div. A, title VIII,
    Sec. 805, Oct. 17, 2006, 120 Stat. 2314.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1) to (7). Pub. L. 109-364, Sec. 805(a)(1)-
    (3), added par. (1) and redesignated former pars. (1) to (6) as
    (2) to (7), respectively. Former par. (7) redesignated (10).
      Subsec. (a)(8), (9). Pub. L. 109-364, Sec. 805(a)(4), (5), added
    pars. (8) and (9).
      Subsec. (a)(10). Pub. L. 109-364, Sec. 805(a)(1), redesignated
    par. (7) as (10).
      Subsec. (c). Pub. L. 109-364, Sec. 805(b), substituted "(5), (6),
    (7), (8), or (9)" for "(5), or (6)".

-End-



-CITE-
    10 USC Sec. 2367                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 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.


-MISC1-
                                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.

-End-



-CITE-
    10 USC Sec. 2368                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2368. Repealed.

-MISC1-
    [Sec. 2368. Repealed. Pub. L. 102-190, div. A, title VIII, Sec.
      821(c)(1), Dec. 5, 1991, 105 Stat. 1431].
      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.

-End-



-CITE-
    10 USC Sec. 2369                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2369. Repealed.

-MISC1-
    [Sec. 2369. Repealed. Pub. L. 103-355, title III, Sec. 3062(a),
      Oct. 13, 1994, 108 Stat. 3336].
      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.

-End-



-CITE-
    10 USC Sec. 2370                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2370. Repealed.

-MISC1-
    [Sec. 2370. Repealed. Pub. L. 104-106, div. A, title X, Sec.
      1061(j)(1), Feb. 10, 1996, 110 Stat. 443].
      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.

-End-



-CITE-
    10 USC Sec. 2370a                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2370a. Repealed.

-MISC1-
    [Sec. 2370a. Repealed. Pub. L. 108-375, div. A, title X, Sec.
      1005(a), Oct. 28, 2004, 118 Stat. 2036].
      Section, added Pub. L. 103-160, div. A, title II, Sec. 214(a),
    Nov. 30, 1993, 107 Stat. 1586, related to medical countermeasures
    against biowarfare threats and allocation of funding between near-
    term and other threats.

-End-



-CITE-
    10 USC Sec. 2371                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 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).

      (3) No report is required under this subsection for a fiscal year
    after fiscal year 2006.
      (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; Pub. L. 108-
    136, div. A, title X, Sec. 1031(a)(19), Nov. 24, 2003, 117 Stat.
    1597.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (h)(3). Pub. L. 108-136 added par. (3).
      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, Secs. 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; Pub. L. 108-136, div. A, title VIII, Sec.
    847, Nov. 24, 2003, 117 Stat. 1554; Pub. L. 109-163, div. A, title
    VIII, Sec. 823, Jan. 6, 2006, 119 Stat. 3387; Pub. L. 109-364, div.
    A, title VIII, Sec. 855, Oct. 17, 2006, 120 Stat. 2347, provided
    that:
      "(a) Authority. - (1) Subject to paragraph (2), 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, or to
    improvement of weapons or weapon systems in use by the Armed
    Forces.
      "(2) The authority of this section - 
        "(A) may be exercised for a prototype project that is expected
      to cost the Department of Defense in excess of $20,000,000 but
      not in excess of $100,000,000 only upon a written determination
      by the senior procurement executive for the agency (as designated
      for the purpose of section 16(c) of the Office of Federal
      Procurement Policy Act (41 U.S.C. 414(c)) or, for the Defense
      Advanced Projects Agency or the Missile Defense Agency, the
      director of the agency that - 
          "(i) the requirements of subsection (d) will be met; and
          "(ii) the use of the authority of this section is essential
        to promoting the success of the prototype project; and
        "(B) may be exercised for a prototype project that is expected
      to cost the Department of Defense in excess of $100,000,000 only
      if - 
          "(i) the Under Secretary of Defense for Acquisition,
        Technology, and Logistics determines in writing that - 
            "(I) the requirements of subsection (d) will be met; and
            "(II) the use of the authority of this section is essential
          to meet critical national security objectives; and
          "(ii) the congressional defense committees [Committees on
        Armed Services and Appropriations of the Senate and the House
        of Representatives] are notified in writing at least 30 days
        before such authority is exercised.
      "(3) The authority of a senior procurement executive or director
    of the Defense Advanced Projects Agency or Missile Defense Agency
    under paragraph (2)(A), and the authority of the Under Secretary of
    Defense for Acquisition, Technology, and Logistics under paragraph
    (2)(B), may not be delegated.
      "(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 ([former] 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) Pilot Program for Transition to Follow-on Contracts. - (1)
    The Secretary of Defense is authorized to carry out a pilot program
    for follow-on contracting for the production of items or processes
    under prototype projects carried out under this section.
      "(2) Under the pilot program - 
        "(A) a qualifying contract for the procurement of such an item
      or process, or a qualifying subcontract under a contract for the
      procurement of such an item or process, may be treated as a
      contract or subcontract, respectively, for the procurement of
      commercial items, as defined in section 4(12) of the Office of
      Federal Procurement Policy Act (41 U.S.C. 403(12)); and
        "(B) the item or process may be treated as an item or process,
      respectively, that is developed in part with Federal funds and in
      part at private expense for the purposes of section 2320 of title
      10, United States Code.
      "(3) For the purposes of the pilot program, a qualifying contract
    or subcontract is a contract or subcontract, respectively, with a
    nontraditional defense contractor that - 
        "(A) does not exceed $50,000,000; and
        "(B) is either - 
          "(i) a firm, fixed-price contract or subcontract; or
          "(ii) a fixed-price contract or subcontract with economic
        price adjustment.
      "(4) The authority to conduct a pilot program under this
    subsection shall terminate on September 30, 2008. The termination
    of the authority shall not affect the validity of contracts or
    subcontracts that are awarded or modified during the period of the
    pilot program, without regard to whether the contracts or
    subcontracts are performed during the period.
      "(f) 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.
      "(g) 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.
      "(h) Applicability of Procurement Ethics Requirements. - An
    agreement entered into under the authority of this section shall be
    treated as a Federal agency procurement for the purposes of section
    27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423).
      "(i) Period of Authority. - The authority to carry out projects
    under subsection (a) shall terminate at the end of September 30,
    2008."

-End-



-CITE-
    10 USC Sec. 2371a                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 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.


-MISC1-
                                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.

-End-



-CITE-
    10 USC Sec. 2372                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 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.

-End-



-CITE-
    10 USC Sec. 2373                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 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,".

-End-



-CITE-
    10 USC Sec. 2374                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 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.

-End-



-CITE-
    10 USC Sec. 2374a                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 2374a. Prizes for advanced technology achievements

-STATUTE-
      (a) Authority. - The Secretary of Defense, acting through the
    Director of Defense Research and Engineering and the service
    acquisition executive for each military department, may carry out
    programs 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. - Each 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. - A program under subsection
    (a) may be carried out in conjunction with or in addition to the
    exercise of any other authority of an official referred to in that
    subsection to acquire, support, or stimulate basic, advanced and
    applied research, technology development, or prototype projects.
      (e) Annual Report. - 
        (1) In general. - Not later than March 1 of each year, the
      Secretary 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 activities carried out during the
      preceding fiscal year under the authority in subsection (a).
        (2) Information included. - The report for a fiscal year under
      this subsection shall include, for each program under subsection
      (a), the following:
          (A) A description of the proposed goals of the competitions
        established under the program, including the areas of research,
        technology development, or prototype development to be promoted
        by such competitions and the relationship of such areas to the
        military missions of the Department of Defense.
          (B) An analysis of why the utilization of the authority in
        subsection (a) was the preferable method of achieving the goals
        described in subparagraph (A) as opposed to other authorities
        available to the Department, such as contracts, grants, and
        cooperative agreements.
          (C) The total amount of cash prizes awarded under the
        program, including a description of the manner in which the
        amounts of cash prizes awarded and claimed were allocated among
        the accounts of the Department for recording as obligations and
        expenditures.
          (D) The methods used for the solicitation and evaluation of
        submissions under the program, together with an assessment of
        the effectiveness of such methods.
          (E) A description of the resources, including personnel and
        funding, used in the execution of the program, together with a
        detailed description of the activities for which such resources
        were used and an accounting of how funding for execution was
        allocated among the accounts of the Department for recording as
        obligations and expenditures.
          (F) A description of any plans to transition the technologies
        or prototypes developed as a result of the program into an
        acquisition program of the Department.

        (3) Suspension of authority for failure to include information.
      - For each program under subsection (a), the authority to
      obligate or expend funds under that program is suspended as of
      the date specified in paragraph (1) if the Secretary does not, by
      that date, submit a report that includes, for that program, all
      the information required by paragraph (2). As of the date on
      which the Secretary does submit a report that includes, for that
      program, all the information required by paragraph (2), the
      suspension is lifted.

      (f) Period of Authority. - The authority to award prizes under
    subsection (a) shall terminate at the end of September 30, 2010.

-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; Pub. L. 108-136, div. A,
    title X, Sec. 1031(a)(20), Nov. 24, 2003, 117 Stat. 1598; Pub. L.
    109-163, div. A, title II, Sec. 257, Jan. 6, 2006, 119 Stat. 3184;
    Pub. L. 109-364, div. A, title II, Sec. 212, Oct. 17, 2006, 120
    Stat. 2119.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-364, Sec. 212(a)(1), substituted
    "Director of Defense Research and Engineering and the service
    acquisition executive for each military department" for "Director
    of the Defense Advanced Research Projects Agency" and "programs"
    for "a program".
      Subsec. (b). Pub. L. 109-364, Sec. 212(a)(2)(A), substituted
    "Each program" for "The program".
      Subsec. (d). Pub. L. 109-364, Sec. 212(a)(2)(B), substituted "A
    program" for "The program" and "an official referred to in that
    subsection" for "the Director".
      Subsec. (e). Pub. L. 109-364, Sec. 212(c), reenacted heading
    without change and amended text generally. Prior to amendment,
    subsec. (e) required an annual report, which included the results
    of consultations between the Director and officials of the military
    departments, a description of goals, cash prizes, methods used for
    submissions, a description of resources, and a description of
    transition plans.
      Pub. L. 109-163 reenacted heading without change and amended text
    generally. Prior to amendment, text read as follows: "Promptly
    after the end of each fiscal year during which one or more prizes
    are awarded under the program under subsection (a), 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."
      Subsec. (f). Pub. L. 109-364, Sec. 212(b), substituted "2010" for
    "2007".
      2003 - Subsec. (e). Pub. L. 108-136 inserted "during which one or
    more prizes are awarded under the program under subsection (a)"
    after "each fiscal year" in introductory provisions.
      2002 - Subsec. (f). Pub. L. 107-314 substituted "September 30,
    2007" for "September 30, 2003".

-End-



-CITE-
    10 USC Sec. 2374b                                           01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    CHAPTER 139 - RESEARCH AND DEVELOPMENT

-HEAD-
    Sec. 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.)

-End-