10 U.S.C. § 2363 (ARMED FORCES)
§ 2363. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions
(a) Mechanisms to Provide Funds.—
(1) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory may use an amount of funds equal to not less than two percent and not more than four percent of all funds available to the defense laboratory for the following purposes:
(A) To fund innovative basic and applied research that is conducted at the defense laboratory and supports military missions.
(B) To fund development programs that support the transition of technologies developed by the defense laboratory into operational use.
(C) To fund workforce development activities that improve the capacity of the defense laboratory to recruit and retain personnel with necessary scientific and engineering expertise that support military missions.
(D) To fund the repair or minor military construction of the laboratory infrastructure and equipment, in accordance with subsection (b).
(2) The mechanisms established under paragraph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the director of a defense laboratory in consultation with the science and technology executive of the military department concerned.
(3) The science and technology executive of a military department may develop policies and guidance to leverage funding and promote cross-laboratory collaboration, including with laboratories of other military departments.
(4) After consultation with the science and technology executive of the military department concerned, the director of a defense laboratory may charge customer activities a fixed percentage fee, in addition to normal costs of performance, in order to obtain funds to carry out activities authorized by this subsection. The fixed fee may not exceed four percent of costs.
(b) Availability of Funds for Infrastructure Projects.—
Funds shall be available in accordance with subsection (a)(1)(D) only if—
(1) the Secretary notifies the congressional defense committees of the total cost of the project before the date on which the Secretary uses the mechanism under such subsection for such project; and
(2) the Secretary ensures that the project complies with the applicable cost limitations in—
(A) section 2805(d) of this title, with respect to revitalization and recapitalization projects; and
(B) section 2811 of this title, with respect to repair projects.
(c) Annual Report on Use of Authority.—
(1) Not later than March 1 of each year until March 1, 2025, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a) during the preceding year.
(2) Each report under paragraph (1) shall include, with respect to the year covered by the report, the following:
(A) A description of the mechanisms used to provide funding under subsection (a)(1).
(B) A statement of the amount of funding made available to each defense laboratory for research described under such subsection.
(C) A description of the investments made by each defense laboratory using funds under such subsection.
(D) A description and assessment of any improvements in the performance of the defense laboratories as a result of investments under such subsection.
(E) A description and assessment of the contributions to the development of needed military capabilities provided by research using funds under such subsection.
(F) A description of any modification to the mechanisms under subsection (a) that would improve the efficiency of the authority under such subsection to support military missions.
(Added Pub. L. 115–91, div. A, title II, § 220(a), Dec. 12, 2017, 131 Stat. 1332.)
heading: Prior Provisions
text: A prior section 2363, added Pub. L. 99–145, title XIV, § 1457(a), Nov. 8, 1985, 99 Stat. 762, related to encouragement of technology transfer, prior to repeal by Pub. L. 102–484, div. D, title XLII, §§ 4224(c), 4271(a)(2), Oct. 23, 1992, 106 Stat. 2683, 2695. See section 2514 of this title.