10 U.S.C. § 4001 (ARMED FORCES)
§ 4001. Research and development projects
(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;
(4) by mutual agreement with the head of any other department or agency of the Federal Government;
(5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to sections 1 4002 or 4003 of this title; or
(6) by purchases through procurement for experimental purposes pursuant to sections 1 4004 of this title.
(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 4002 and 4143 of this title.
(Added Pub. L. 87–651, title II, § 208(a), Sept. 7, 1962, 76 Stat. 523, § 2358; amended Pub. L. 97–86, title IX, § 910, Dec. 1, 1981, 95 Stat. 1120; Pub. L. 100–370, § 1(g)(3), July 19, 1988, 102 Stat. 846; Pub. L. 103–160, div. A, title VIII, § 827(a), Nov. 30, 1993, 107 Stat. 1712; Pub. L. 103–355, title I, § 1301(a), Oct. 13, 1994, 108 Stat. 3284; Pub. L. 104–201, div. A, title II, § 267(c)(2), Sept. 23, 1996, 110 Stat. 2468; Pub. L. 115–91, div. A, title VIII, § 862, Dec. 12, 2017, 131 Stat. 1494; renumbered § 4001 and amended Pub. L. 116–283, div. A, title XVIII, § 1841(b)(1), (2)(A), Jan. 1, 2021, 134 Stat. 4243.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1841(b)(1), renumbered section 2358 of this title as this section.
Subsec. (b)(5). Pub. L. 116–283, § 1841(b)(2)(A)(i), which directed substitution of “sections 4002 or 4003” for “sections 2371 or 2371b”, was executed by making the substitution for “section 2371 or 2371b” to reflect the probable intent of Congress.
Subsec. (b)(6). Pub. L. 116–283, § 1841(b)(2)(A)(ii), substituted “sections 4004” for “section 2373”.
Subsec. (d). Pub. L. 116–283, § 1841(b)(2)(A)(iii), substituted “sections 4002 and 4143” for “sections 2371 and 2371a”.
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
heading: Designation of Senior Officials for Critical Technology Areas Supportive of the National Defense Strategy
text: Pub. L. 116–283, div. A, title II, § 217(a)–(d), Jan. 1, 2021, 134 Stat. 3460, 3461, provided that:
“(a) Designation of Senior Officials.—
The Under Secretary of Defense for Research and Engineering shall—
“(1) identify technology areas that the Under Secretary considers critical for the support of the National Defense Strategy; and
“(2) for each such technology area, designate a senior official of the Department of Defense to coordinate research and engineering activities in that area.
“(b) Duties.—
The duties of each senior official designated under subsection (a) shall include, with respect to the technology area overseen by such official—
“(1) developing and continuously updating research and technology development roadmaps, funding strategies, and technology transition strategies to ensure—
“(A) the effective and efficient development of new capabilities in the area; and
“(B) the operational use of appropriate technologies;
“(2) conducting annual assessments of workforce, infrastructure, and industrial base capabilities and capacity to support—
“(A) the roadmaps developed under paragraph (1); and
“(B) the goals of the National Defense Strategy;
“(3) reviewing the relevant research and engineering budgets of appropriate organizations within the Department of Defense, including the Armed Forces, and advising the Under Secretary on—
“(A) the consistency of the budgets with the roadmaps developed under paragraph (1);
“(B) any technical and programmatic risks to the achievement of the research and technology development goals of the National Defense Strategy;
“(C) programs, projects, and activities that demonstrate—
“(i) unwanted or inefficient duplication, including duplication with activities of other government agencies and the commercial sector;
“(ii) lack of appropriate coordination with other organizations; or
“(iii) inappropriate alignment with organizational missions and capabilities;
“(4) coordinating the research and engineering activities of the Department with appropriate international, interagency, and private sector organizations; and
“(5) tasking appropriate intelligence agencies of the Department to develop a direct comparison between the capabilities of the United States in the technology area concerned and the capabilities of adversaries of the United States in that area.
“(c) Annual Reports.—
“(1) In general.—
Not later than December 1, 2021, and not later than December 1 of each year thereafter through December 1, 2025, the Under Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on research and engineering activities and on the status of the technology areas identified under subsection (a)(1), including a description of any programs, projects, or activities in such areas, that have, in the year preceding the date of the report—
“(A) achieved significant technical progress;
“(B) transitioned from the research and development phase to formal acquisition programs;
“(C) transitioned from the research and development phase into operational use; or
“(D) been transferred from the Department of Defense to private sector organizations for further commercial development or commercial sales.
“(2) Form.—
Each report under paragraph (1) shall [sic] submitted in unclassified form that can be made available to the public, but may include a classified annex.
“(d) Coordination of Research and Engineering Activities.—
The Service Acquisition Executive for each military department and the Director of the Defense Advanced Research Projects Agency shall each identify senior officials to ensure coordination of appropriate research and engineering activities with each of the senior officials designated under subsection (a).”
heading: Social Science, Management Science, and Information Science Research Activities
text: Pub. L. 116–283, div. A, title II, § 220, Jan. 1, 2021, 134 Stat. 3464, provided that:
“(a) Establishment.—
The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program of research and development in social science, management science, and information science.
“(b) Purposes.—
The purposes of the program under subsection (a) are as follows:
“(1) To ensure that the Department of Defense has access to innovation and expertise in social science, management science, and information science to enable the Department to improve the effectiveness, efficiency, and agility of the Department’s operational and management activities.
“(2) To develop and manage a portfolio of research initiatives in fundamental and applied social science, management science, and information science that is stable, consistent, and balanced across relevant disciplines.
“(3) To enhance cooperation and collaboration on research and development in the fields of social science, management science, and information science between the Department of Defense and appropriate private sector and international entities that are involved in research and development in such fields.
“(4) To accelerate the development of a research community and industry to support Department of Defense missions in the fields of social science, management science, and information science, including the development of facilities, a workforce, infrastructure, and partnerships in support of such missions.
“(5) To coordinate all research and development within the Department of Defense in the fields of social science, management science, and information science.
“(6) To collect, synthesize, and disseminate critical information on research and development in the fields of social science, management science, and information science.
“(7) To assess and appropriately share, with other departments and agencies of the Federal Government and appropriate entities in the private sector—
“(A) challenges within the Department of Defense that may be addressed through the application of advances in social science, management science, and information science; and
“(B) datasets related to such challenges.
“(8) To support the identification of organizational and institutional barriers to the implementation of management and organizational enhancements and best practices.
“(9) To accelerate efforts—
“(A) to transition, and deploy within the Department of Defense, technologies and concepts derived from research and development in the fields of social science, management science, and information science; and
“(B) to establish policies, procedures, and standards for measuring the success of such efforts.
“(10) To integrate knowledge from cross-disciplinary research on—
“(A) how factors relating to social science, management science, and information science affect the global security environment; and
“(B) best practices for management in the public and private sectors.
“(11) To apply principles, tools, and methods from social science, management science, and information science—
“(A) to ensure the Department of Defense is more agile, efficient, and effective in organizational management and in deterring and countering current and emerging threats; and
“(B) to support the National Defense Strategy.
“(c) Administration.—
The Under Secretary of Defense for Research and Engineering shall supervise the planning, management, and coordination of the program under subsection (a).
“(d) Activities.—
The Under Secretary of Defense for Research and Engineering, in consultation with the Under Secretary of Defense for Policy, the Secretaries of the military departments, and the heads of relevant Defense Agencies, shall—
“(1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including—
“(A) optimization of analysis of national security data sets;
“(B) development of innovative defense-related management activities;
“(C) improving the operational use of social science, management science, and information science innovations by military commanders and civilian leaders;
“(D) improving understanding of the fundamental social, cultural, and behavioral forces that shape the strategic interests of the United States; and
“(E) developing a Department of Defense workforce capable of developing and leveraging innovations and best practices in the fields of social science, management science, and information science to support defense missions;
“(2) develop a coordinated and integrated research and investment plan for meeting near-term, mid-term, and long-term national security, defense-related, and Departmental management challenges that—
“(A) includes definitive milestones;
“(B) provides for achieving specific technical goals;
“(C) establishes pathways to address the operational and management missions of the Department through—
“(i) the evaluation of innovations and advances in social science, management science, and information science for potential implementation within the Department; and
“(ii) implementation of such innovations and advances within the Department, as appropriate; and
“(C) [(D)] builds upon the investments of the Department, other departments and agencies of the Federal Government, and the commercial sector in the fields of social science, management science, and information science;
“(3) develop plans for—
“(A) the development of the Department’s workforce in social science, management science, and information science; and
“(B) improving awareness of—
“(i) the fields of social science, management science, and information science;
“(ii) advances and innovations in such fields; and
“(iii) and the ability of such advances and innovations to enhance the efficiency and effectiveness of the Department; and
“(4) develop memoranda of agreement, joint funding agreements, and such other cooperative arrangements as the Under Secretary determines necessary—
“(A) to carry out the program under subsection (a); and
“(B) to transition appropriate products, services, and innovations relating social science, management science, and information science into use within the Department.
“(e) Guidance Required.—
“(1) In general.—
Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Under Secretary of Defense for Research and Engineering shall develop and issue guidance for defense-related social science, management science, and information science activities, including—
“(A) classification and data management plans for such activities;
“(B) policies for control of personnel participating in such activities to protect national security interests; and
“(C) ensuring that research findings and innovations in the fields of social science, management science, and information science are incorporated into the activities and strategic documents of the Department.
“(2) Updates.—
The Under Secretary of Defense for Research and Engineering shall regularly update the guidance issued under paragraph (1).
“(f) Designation of Entity.—
The Secretary of each military department may establish or designate an entity or activity under the jurisdiction of such Secretary, which may include a Department of Defense Laboratory, an academic institution, or another appropriate organization, to support interdisciplinary research and development activities in the fields of social science, management science, and information science, and engage with appropriate public and private sector organizations, including academic institutions, to enhance and accelerate the research, development, and deployment of social science, management science, and information science within the Department.
“(g) Use of Other Authority.—
The Secretary of Defense shall use the authority provided under section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) to enhance the ability of the Department of Defense to access technical talent and expertise at academic institutions in support of the purposes of this section.
“(h) Report.—
“(1) In general.—
Not later than December 31, 2022, the Secretary of Defense 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 under subsection (a).
“(2) Form of report.—
The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.”
heading: Activities To Improve Fielding of Air Force Hypersonic Capabilities
text: Pub. L. 116–283, div. A, title II, § 222, Jan. 1, 2021, 134 Stat. 3469, provided that:
“(a) Improvement of Ground-based Test Facilities.—
The Secretary of Defense shall take such actions as may be necessary to improve ground-based test facilities used for the research, development, test, and evaluation of hypersonic capabilities.
“(b) Increasing Flight Test Rate.—
The Secretary of Defense shall increase the rate at which hypersonic capabilities are flight tested to expedite the maturation and fielding of such capabilities.
“(c) Strategy and Plan.—
Not later than 60 days after the date of the enactment of this Act [Jan. 1, 2021], the Chief of Staff of the Air Force, in consultation with the Under Secretary of Defense for 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 strategy and plan for fielding air-launched and air-breathing hypersonic weapons capabilities within the period of three years following such date of enactment.
“(d) Report.—
In addition to the strategy and plan required under subsection (c), not later than 60 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in consultation with the Director of Operational Test and Evaluation, shall submit to the congressional defense committees a report on the testing capabilities and infrastructure used for hypersonic weapons development. The report shall include—
“(1) an assessment of the sufficiency of the testing capabilities and infrastructure used for fielding hypersonic weapons; and
“(2) a description of any investments in testing capabilities and infrastructure that may be required to support in-flight and ground-based testing for such weapons.”
heading: Research, Development, and Deployment of Technologies To Support Water Sustainment
text: Pub. L. 116–283, div. A, title II, § 226, Jan. 1, 2021, 134 Stat. 3476, provided that:
“(a) In General.—
The Secretary of Defense shall research, develop, and deploy advanced water harvesting technologies to support and improve water sustainment within the Department of Defense and in geographic regions where the Department operates.
“(b) Required Activities.—
In carrying out subsection (a), the Secretary shall—
“(1) develop advanced water harvesting systems that reduce weight and logistics support needs compared to conventional water supply systems, including—
“(A) modular water harvesting systems that are easily transportable; and
“(B) trailer mounted water harvesting systems that reduce resupply needs;
“(2) develop and implement storage requirements for water harvesting systems at forward operating bases; and
“(3) establish cross functional teams to identify geographic regions where the deployment of water harvesting systems could reduce conflict and potentially eliminate the need for the presence of the Armed Forces.
“(c) Additional Activities.—
In addition to the activities required under subsection (b), the Secretary shall—
“(1) seek to leverage existing water harvesting techniques and technologies and apply such techniques and technologies to military operations carried out by the United States;
“(2) consider using commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and near-ready deployment technologies to achieve cost savings and improve the self sufficiency of warfighters; and
“(3) seek to enter into information sharing arrangements with foreign militaries and other organizations that have the proven ability to operate in water constrained areas for the purpose of sharing lessons learned and best practices relating to water harvesting.
“(d) Implementation.—
The Secretary shall deploy technologies developed under subsection (b)(1) for use by expeditionary forces not later than January 1, 2025.
“(e) Water Harvesting Defined.—
In this section, the term ‘water harvesting’, when used with respect to a system or technology, means a system or technology that is capable of creating useable water by—
“(1) harvesting water from underutilized environmental sources, such as by capturing water from ambient humidity; or
“(2) recycling or otherwise reclaiming water that has previously been used.”
heading: Board of Advisors for the Joint Artificial Intelligence Center
text: Pub. L. 116–283, div. A, title II, § 233, Jan. 1, 2021, 134 Stat. 3483, provided that:
“(a) Establishment.—
The Secretary of Defense shall establish a board of advisors for the Joint Artificial Intelligence Center.
“(b) Duties.—
The duties of the board of advisors shall include the following:
“(1) Provide independent strategic advice and technical expertise to the Secretary and the Director on matters relating to the development and use of artificial intelligence by the Department of Defense.
“(2) Evaluate and advise the Secretary and the Director on ethical matters relating to the development and use of artificial intelligence by the Department.
“(3) Conduct long-term and long-range studies on matters relating to artificial intelligence, as required.
“(4) Evaluate and provide recommendations to the Secretary and the Director regarding the Department’s development of a robust workforce proficient in artificial intelligence.
“(5) Assist the Secretary and the Director in developing strategic level guidance on artificial intelligence-related hardware procurement, supply-chain matters, and other technical matters relating to artificial intelligence.
“(c) Membership.—
The board of advisors shall be composed of appropriate experts from academic or private sector organizations outside the Department of Defense, who shall be appointed by the Secretary.
“(d) Chairperson.—
The chairperson of the board of advisors shall be selected by the Secretary.
“(e) Meetings.—
The board of advisors shall meet not less than once each fiscal quarter and may meet at other times at the call of the chairperson or a majority of its members.
“(f) Reports.—
Not later than September 30 of each year through September 30, 2024, the board of advisors shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that summarizes the activities of the board over the preceding year.
“(g) Definitions.—
In this section:
“(1) The term ‘artificial intelligence’ has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).
“(2) The term ‘Director’ means the Director of the Joint Artificial Intelligence Center.
“(3) The term ‘Joint Artificial Intelligence Center’ means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled ‘Establishment of the Joint Artificial Intelligence Center’, or any successor to such Center.
“(4) The term ‘Secretary’ means the Secretary of Defense.”
heading: Steering Committee on Emerging Technology
text: Pub. L. 116–283, div. A, title II, § 236, Jan. 1, 2021, 134 Stat. 3485, provided that:
“(a) Establishment.—
The Secretary of Defense may establish a steering committee on emerging technology and national security threats (referred to in this section as the ‘Steering Committee’).
“(b) Membership.—
The Steering Committee shall be composed of the following:
“(1) The Deputy Secretary of Defense.
“(2) The Vice Chairman of the Joint Chiefs of Staff.
“(3) The Under Secretary of Defense for Intelligence and Security.
“(4) The Under Secretary of Defense for Research and Engineering.
“(5) The Under Secretary of Defense for Personnel and Readiness.
“(6) The Under Secretary of Defense for Acquisition and Sustainment.
“(7) The Chief Information Officer.
“(8) Such other officials of the Department of Defense as the Secretary of Defense determines appropriate.
“(c) Responsibilities.—
The Steering Committee shall be responsible for—
“(1) developing a strategy for the organizational change, concept and capability development, and technology investments in emerging technologies that are needed to maintain the technological superiority of the United States military as outlined in the National Defense Strategy;
“(2) providing assessments of emerging threats and identifying investments and advances in emerging technology areas undertaken by adversaries of the United States;
“(3) making recommendations to the Secretary of Defense on—
“(A) the implementation of the strategy developed under paragraph (1);
“(B) steps that may be taken to address the threats identified under paragraph (2);
“(C) any changes to a program of record that may be required to achieve the strategy under paragraph (1);
“(D) any changes to the Defense Planning Guidance required by section 113(g)(2)(A) of title 10, United States Code, that may be required to achieve the strategy under paragraph (1); and
“(E) whether sufficient resources are available for the research activities, workforce, and infrastructure of the Department of Defense to support the development of capabilities to defeat emerging threats to the United States; and
“(4) carrying out such other activities as are assigned to the Steering Committee by the Secretary of Defense.
“(d) Emerging Technology Defined.—
In this section, the term ‘emerging technology’ means technology determined to be in an emerging phase of development by the Secretary, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be identified by the Secretary.
“(e) Sunset.—
This section shall terminate on October 1, 2024.”
heading: Part-Time and Term Employment of University Faculty and Students in the Defense Science and Technology Enterprise
text: Pub. L. 116–283, div. A, title II, § 249, Jan. 1, 2021, 134 Stat. 3493, provided that:
“(a) Program Required.—
Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall establish a program under which opportunities for part-time and term employment are made available in the Defense science and technology enterprise for faculty and students of institutions of higher education for the purpose of enabling such faculty and students to carry out research projects in accordance with subsection (b).
“(b) Research Projects.—
“(1) Faculty.—
A faculty member who is employed in position made available under subsection (a) shall, in the course of such employment, carry out a research project that—
“(A) relates to a topic in the field of science, technology, engineering, or mathematics; and
“(B) contributes to the objectives of the Department of Defense, as determined by the Secretary of Defense.
“(2) Students.—
A student employed in position made available under subsection (a) shall assist a faculty member with a research project described in paragraph (1).
“(c) Selection of Participants.—
The Secretary of Defense, acting through the heads of participating organizations in the Defense science and technology enterprise, shall select individuals for participation in the program under subsection (a) as follows:
“(1) Faculty members shall be selected for participation on the basis of—
“(A) the academic credentials and research experience of the faculty member; and
“(B) the extent to which the research proposed to be carried out by the faculty member will contribute to the objectives of the Department of Defense.
“(2) Students shall be selected to assist with a research project under the program on the basis of—
“(A) the academic credentials and other qualifications of the student; and
“(B) the student’s ability to fulfill the responsibilities assigned to the student as part of the project.
“(d) Minimum Number of Positions.—
“(1) In general.—
During the first year of the program under subsection (a), the Secretary of Defense shall establish not fewer than 10 part-time or term positions for faculty.
“(2) Artificial intelligence and machine learning.—
Of the positions established under paragraph (1), not fewer than five such positions shall be reserved for faculty who will conduct research in the area of artificial intelligence and machine learning.
“(e) Authorities.—
In carrying out the program under subsection (a), the Secretary of Defense, or the head of an organization in the Defense science and technology enterprise, as applicable, may—
“(1) use any hiring authority available to the Secretary or the head of such organization, including—
“(A) any hiring authority available under a laboratory demonstration program, including the hiring authority provided under section 2358a of title 10, United States Code;
“(B) direct hiring authority under section 1599h of title 10, United States Code; and
“(C) expert hiring authority under section 3109 of title 5, United States Code;
“(2) enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) to enable the sharing of research and expertise with institutions of higher education and the private sector; and
“(3) pay referral bonuses to faculty or students participating in the program who identify—
“(A) students to assist in a research project under the program; or
“(B) students or recent graduates to participate in other programs in the Defense science and technology enterprise, including internships at Department of Defense laboratories and in the Pathways Program of the Department.
“(f) Annual Reports.—
“(1) Initial report.—
Not later than 30 days after the conclusion of the first year of the program under subsection (a), the Secretary of Defense 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 status of the program. The report shall include—
“(A) identification of the number of faculty and students employed under the program;
“(B) identification of the organizations in the Defense science and technology enterprise that employed such individuals; and
“(C) a description of the types of research conducted by such individuals.
“(2) Subsequent reports.—
Not later than 30 days after the conclusion of the second and third years of the program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the program. Each report shall include—
“(A) the information described in subparagraphs (A) through (C) of paragraph (1);
“(B) the results of any research projects conducted under the program; and
“(C) the number of students and recent graduates who, pursuant to a reference from a faculty member or student participating in the program as described in subsection (e)(3), were hired by the Department of Defense or selected for participation in another program in the Defense science and technology enterprise.
“(g) Definitions.—
In this section:
“(1) The term ‘Defense science and technology enterprise’ means—
“(A) the research organizations of the military departments;
“(B) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note));
“(C) the facilities of the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and
“(D) the Defense Advanced Research Projects Agency.
“(2) The term ‘faculty’ means an individual who serves as a professor, researcher, or instructor at an institution of higher education.
“(3) The term ‘institution of higher education’ has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”
heading: Acquisition Authority of the Director of the Joint Artificial Intelligence Center
text: Pub. L. 116–283, div. A, title VIII, § 808, Jan. 1, 2021, 134 Stat. 3745, provided that:
“(a) Authority.—
The Secretary of Defense shall delegate to the Director of the Joint Artificial Intelligence Center the acquisition authority to exercise the functions of a head of an agency (as defined in section 2302 of title 10, United States Code) with respect to appropriate acquisition activities of the Center.
“(b) JAIC Acquisition Executive.—
“(1) In general.—
The staff of the Director shall include an acquisition executive who shall be responsible for the supervision of appropriate acquisition activities under subsection (a). Subject to the authority, direction, and control of the Director of the Center, the acquisition executive shall have the authority—
“(A) to negotiate memoranda of agreement with any element of the Department of Defense to carry out the acquisition of technologies, services, and capabilities developed or identified by the Center;
“(B) to supervise the acquisition of technologies, services, and capabilities to support the mission of the Center;
“(C) to represent the Center in discussions with the Secretaries concerned regarding acquisition programs relating to such appropriate acquisition activities for which the Center is involved; and
“(D) to work with the Secretaries concerned to ensure that the Center is appropriately represented in any joint working group or integrated product team regarding acquisition programs relating to such appropriate activities for which the Center is involved.
“(2) Delivery of acquisition solutions.—
The acquisition executive of the Center shall be—
“(A) responsible to the Director for rapidly delivering capabilities to meet validated requirements;
“(B) subordinate to the Under Secretary of Defense for Acquisition and Sustainment in matters of acquisition; and
“(C) included on the distribution list for acquisition directives and instructions of the Department of Defense.
“(c) Acquisition Personnel.—
“(1) In general.—
The Secretary of Defense shall provide the Center with at least 10 full-time employees to support the Director in carrying out the requirements of this section, including personnel with experience in—
“(A) acquisition practices and processes;
“(B) the Joint Capabilities Integration and Development System process;
“(C) program management;
“(D) software development and systems engineering; and
“(E) cost analysis.
“(2) Existing personnel.—
The personnel provided under this subsection shall be provided from among the existing personnel of the Department of Defense.
“(d) Funding.—
In exercising the acquisition authority granted in subsection (a), the Director may not obligate or expend more than $75,000,000 out of the funds made available in each of fiscal years 2021, 2022, 2023, 2024, and 2025 to enter into new contracts to support appropriate acquisition activities carried out under this section.
“(e) Implementation Plan and Demonstration Required.—
“(1) In general.—
The Secretary of Defense—
“(A) may use the acquisition authority granted under subsection (a) on or after 30 days after the date on which the Secretary provides to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for implementation of such authority; and
“(B) by March 15, 2022, shall provide a demonstration of operational capability delivered under such authority.
“(2) Implementation plan.—
The plan shall include the following:
“(A) Description of the types of activities to be undertaken using the acquisition authority provided under subsection (a).
“(B) Plan for the negotiation and approval of any such memorandum of agreement with an element of the Department of Defense to support Center missions and transition of artificial intelligence capabilities into appropriate acquisition programs or into operational use.
“(C) Plan for oversight of the position of acquisition executive established in subsection (b).
“(D) Assessment of the acquisition workforce, tools, and infrastructure needs of the Center to support the authority under subsection (a) until September 30, 2025.
“(E) Other matters as appropriate.
“(3) Demonstration.—
The capability demonstration shall include a description of how the acquisition authority enabled the capability, how requirements were established and agreed upon, how testing was conducted, and how the capability was transitioned to the user, as well as any other matters deemed appropriate by the Center.
“(4) Relationship to other authorities.—
The requirement to submit a plan under this subsection is in addition to the requirements under section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1293).
“(f) Sunset.—
Effective October 1, 2025, the Director may not exercise the authority under subsection (a) and may not enter into any new contracts under this section. The performance on any contract entered into before such date may continue according to the terms of such contract.
“(g) Definitions.—
In this section:
“(1) Center.—
The term ‘Center’ has the meaning given the term ‘Joint Artificial Intelligence Center’ in section 260(c) of National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1294).
“(3) [sic] Director.—
The term ‘Director’ means the Director of the Center.
“(4) Element.—
The term ‘element’ means an element described under section 111(b) of title 10, United States Code.
“(5) Secretary concerned.—
The term ‘Secretary concerned’ has the meaning given in section 101[(a)](9) of title 10, United States Code.”