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 section 4021 or 4022 of this title; or
(6) by purchases through procurement for experimental purposes pursuant to section 4023 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 4021 and 4026 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; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B), (C), (F)(i)(I), (II), Dec. 27, 2021, 135 Stat. 2151.)
text: Historical and Revision Notes
1962 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2358
5:171c(b)(2), (3).
July 26, 1947, ch. 343, § 203(b)(2), (3); added Aug. 6, 1958, Pub. L. 85–599, § 9(a) (3d and 4th pars.), 72 Stat. 520.
5 U.S.C. 171c(b)(3) is omitted as unnecessary since the authorization for appropriations is implied in 5 U.S.C. 171c(b)(2).
heading: 1988 Act
text: In the existing text of 10 U.S.C. 2358, the bill would in two instances strike the phrase “or his designee” appearing after “Secretary of Defense” (section 1(g)(3)). The change is made for consistency in the Code, and no substantive change is intended. The committee notes that the Secretary of Defense has general authority to delegate functions under 10 U.S.C. 113(d).
Subsection (b) is based on Pub. L. 91–441, title II, § 204, Oct. 7, 1970, 84 Stat. 908.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2358 of this title as this section.
Subsec. (b)(5). Pub. L. 116–283, § 1841(b)(2)(A)(i), as amended by Pub. L. 117–81, § 1701(u)(2)(C), substituted “section 4021 or 4022” for “section 2371 or 2371b”.
Subsec. (b)(6). Pub. L. 116–283, § 1841(b)(2)(A)(ii), as amended by Pub. L. 117–81, § 1701(u)(2)(F)(i)(I), substituted “section 4023” for “section 2373”.
Subsec. (d). Pub. L. 116–283, § 1841(b)(2)(A)(iii), as amended by Pub. L. 117–81, § 1701(u)(2)(F)(i)(II), substituted “sections 4021 and 4026” for “sections 2371 and 2371a”.
2017—Subsec. (b)(5), (6). Pub. L. 115–91 added pars. (5) and (6).
1996—Subsec. (d). Pub. L. 104–201 substituted “sections 2371 and 2371a” for “section 2371”.
1994—Pub. L. 103–355 amended section generally, inserting reference to development projects in section catchline, and in text specifying that relevant Secretary may perform research and development projects in accordance with chapter 63 of title 31, and adding subsec. (d) relating to additional provisions applicable to cooperative agreements.
1993—Pub. L. 103–160 amended section generally. Prior to amendment, section read as follows:
“(a) 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a Technical, Conforming, and Clerical Amendments Related to Title XVIII of the Fiscal Year 2021 NDAA note preceding section 3001 of this title and note below.
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: Effective Date of 1994 Amendment
text: For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 2302 of this title.
heading: Review of Artificial Intelligence Applications and Establishment of Performance Metrics
text: Pub. L. 117–81, div. A, title II, § 226, Dec. 27, 2021, 135 Stat. 1607, provided that:
“(a) In General.—
Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall—
“(1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Department of Defense; and
“(2) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations.
“(b) Performance Objectives and Accompanying Metrics.—
“(1) Skill gaps.—
In carrying out subsection (a), the Secretary of Defense shall require each Secretary of a military department and the heads of such other organizations and elements of the Department of Defense as the Secretary of Defense determines appropriate to—
“(A) conduct a comprehensive review and assessment of—
“(i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence;
“(ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and
“(iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and
“(B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel.
“(2) AI modernization activities.—
In carrying out subsection (a), the Secretary of Defense shall—
“(A) assess investment by the Department of Defense in artificial intelligence innovation, science and technology, and research and development;
“(B) assess investment by the Department in test and evaluation of artificial intelligence capabilities; and
“(C) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department.
“(3) Exercises, wargames, and experimentation.—
In conjunction with the activities of the Secretary of Defense under subsection (a), the Chairman of the Joint Chiefs of Staff, in coordination with the Director of the Joint Artificial Intelligence Center, shall—
“(A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and
“(B) develop performance objectives and accompanying metrics for such integration.
“(4) Logistics and sustainment.—
In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense for Acquisition and Sustainment, with support from the Director of the Joint Artificial Intelligence Center, to—
“(A) assess the application of artificial intelligence in logistics and sustainment systems; and
“(B) establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise.
“(5) Business applications.—
In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense (Comptroller), in coordination with the Director of the Joint Artificial Intelligence Center, to—
“(A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and
“(B) establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, including the following:
“(i) Human resources.
“(ii) Budget and finance, including audit.
“(iii) Retail.
“(iv) Real estate.
“(v) Health care.
“(vi) Logistics.
“(vii) Such other business processes as the Secretary considers appropriate.
“(c) Report to Congress.—
Not later than 120 days after the completion of the review required by subsection (a)(1), 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—
“(1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and
“(2) the performance objectives and accompanying metrics established under subsections (a)(2) and (b).”
heading: Modification of the Joint Common Foundation Program
text: Pub. L. 117–81, div. A, title II, § 227, Dec. 27, 2021, 135 Stat. 1609, provided that:
“(a) Modification of Joint Common Foundation.—
The Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure that Department of Defense components can more easily contract with leading commercial artificial intelligence companies to support the rapid and efficient development and deployment of applications and capabilities.
“(b) Qualifying Commercial Companies.—
The Secretary of Defense shall take such actions as may be necessary to increase the number of commercial artificial intelligence companies eligible to provide support to Department of Defense components, including with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability.
“(c) Use of FAR Part 12.—
The Secretary of Defense shall ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, applications, and tools to Department of Defense components through processes and procedures under part 12 of the Federal Acquisition Regulation.
“(d) Objectives of the Joint Common Foundation Program.—
The objectives of the Joint Common Foundation program shall include the following:
“(1) Relieving Department of Defense components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component at issue would apply its domain expertise to develop specific artificial intelligence applications.
“(2) Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications.
“(3) Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes.
“(4) Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications.
“(5) Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force[.]
“(e) Briefing.—
Not later than 120 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on actions taken to carry out this section.”
heading: Activities To Accelerate Development and Deployment of Dual-Use Quantum Technologies
text: Pub. L. 117–81, div. A, title II, § 229, Dec. 27, 2021, 135 Stat. 1610, provided that:
“(a) Activities Required.—
The Secretary of Defense shall establish a set of activities—
“(1) to accelerate the development and deployment of dual-use quantum capabilities;
“(2) to ensure the approach of the United States to investments of the Department of Defense in quantum information science research and development reflects an appropriate balance between scientific progress and the potential economic and security implications of such progress;
“(3) to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and
“(4) to ensure the Department of Defense consistently has access to the most advanced quantum capabilities available in the commercial sector to support research and modernization activities.
“(b) Assistance Program.—
“(1) Program required.—
In carrying out subsection (a) and subject to the availability of appropriations for such purpose, the Secretary of Defense shall, acting through the Director of the Defense Advanced Research Projects Agency and in consultation with appropriate public and private sector organizations, establish a program under which the Secretary may award assistance to one or more organizations—
“(A) to identify defense applications for which dual-use quantum technologies provide a clear advantage over competing technologies;
“(B) to accelerate development of such quantum technologies; and
“(C) to accelerate the deployment of dual-use quantum capabilities.
“(2) Form of assistance.—
Assistance awarded under the program required by paragraph (1) may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate.
“(3) Authorities and acquisition approaches.—
The Secretary of Defense may use the following authorities and approaches for the program required by paragraph (1):
“(A) Section 2374a of title 10, United States Code [now 10 U.S.C. 4025], relating to prizes for advanced technology achievements.
“(B) Section 2373 of such title [now 10 U.S.C. 4023], relating to procurement for experimental purposes.
“(C) Sections 2371 [now 10 U.S.C. 4021] and 2371b [now 10 U.S.C. 4022] of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively.
“(D) Section 2358 of such title [now 10 U.S.C. 4001], relating to research and development projects.
“(E) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures.
“(F) Requirement for milestone payments based on technical achievements.
“(G) Requirement for cost share from private sector participants in the program.
“(H) Commercial procurement authority under part 12 of the Federal Acquisition Regulation.
“(I) Such other authorities or approaches as the Secretary considers appropriate.
“(4) Policies and procedures.—
The Secretary of Defense shall, in consultation with such experts from government and industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1).
“(c) Briefing and Report.—
“(1) Briefing.—
Not later than March 1, 2022, the Secretary of Defense shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the plan to carry out the activities required by subsection (a) and the program required by subsection (b).
“(2) Report.—
Not later than December 31, 2022, and not less frequently than once each year thereafter until December 31, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried out under subsection (a) and the program carried out under subsection (b).”
heading: Pilot Program on Data Repositories To Facilitate the Development of Artificial Intelligence Capabilities for the Department of Defense
text: Pub. L. 117–81, div. A, title II, § 232, Dec. 27, 2021, 135 Stat. 1613, provided that:
“(a) Establishment of Data Repositories.—
The Secretary of Defense, acting through the Chief Data Officer of the Department of Defense and the Director of the Joint Artificial Intelligence Center (and such other officials as the Secretary determines appropriate), may carry out a pilot program under which the Secretary—
“(1) establishes data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and
“(2) allows appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals.
“(b) Elements.—
If the Secretary of Defense carries out the pilot program under subsection (a), the data repositories established under the program—
“(1) may include unclassified training quality data sets and associated labels representative of diverse types of information, representing Department of Defense missions, business processes, and activities; and
“(2) shall—
“(A) be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions;
“(B) be made available to appropriate public and private sector organizations to support rapid development of software and artificial intelligence capabilities;
“(C) include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the life cycle of the data repositories; and
“(D) be developed to support other missions and activities as determined by the Secretary.
“(c) Briefing.—
Not later than 270 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on—
“(1) whether the Secretary intends to carry out the pilot program under this section;
“(2) if the Secretary does not intend to carry out the pilot program, an explanation of the reasons for such decision;
“(3) if the Secretary does intend to carry out the pilot program, or if the Secretary has already initiated the pilot program as of the date of the briefing—
“(A) the types of information the Secretary determines are feasible and advisable to include in the data repositories described in subsection (a); and
“(B) the progress of the Secretary in carrying out the program.”
heading: Authority for Activities To Improve Next Generation Radar Systems Capabilities
text: Pub. L. 117–81, div. A, title III, § 380, Dec. 27, 2021, 135 Stat. 1670, provided that:
“(a) Authority.—
The Secretary of Defense may undertake activities to enhance future radar systems capabilities, including the following:
“(1) Designating specific industry, academic, government, or public-private partnership entities to provide expertise in the repair, sustainment, and support of radar systems to meet current and future defense requirements, as appropriate.
“(2) Facilitating collaboration among academia, the Federal Government, the defense industry, and the commercial sector, including with respect to radar system repair and sustainment activities.
“(3) Establishing advanced research and workforce training and educational programs to enhance future radar systems capabilities.
“(4) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of radar systems in defense systems and operational activities, including continuing education and training goals.
“(5) Increasing communications and personnel exchanges with radar systems experts in industry to support adoption of state-of-the-art technologies and operational practices, especially to support meeting future defense needs related to radar systems in autonomous systems.
“(6) Establishing agreements with one or more institutions of higher education or other organizations in academia or industry to provide for activities authorized under this section.
“(7) Partnering with nonprofit institutions and private industry with expertise in radar systems to support activities authorized under this section.
“(8) Establishing research centers and facilities, including centers of excellence, as appropriate to support activities authorized under this section, especially to promote partnerships between government, industry, and academia.
“(b) Institution of Higher Education Defined.—
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: Pilot Program on Systems Engineering Determinations
text: Pub. L. 117–81, div. A, title VIII, § 823, Dec. 27, 2021, 135 Stat. 1826, provided that:
“(a) Requirement.—
As soon as practicable but not later than September 30, 2023, the Secretary of Defense shall ensure that each covered entity enters into at least two covered transactions under an authority described in subsection (b), where each such covered transaction includes the system engineering determinations described under subsection (c).
“(b) Covered Authorities.—
The authorities described under this subsection are as follows:
“(1) Section 2371 of title 10, United States Code [now 10 U.S.C. 4021], with respect to applied and advanced research project transactions relating to weapons systems.
“(2) Section 2371b of such title [now 10 U.S.C. 4022], with respect to transactions relating to weapons systems.
“(3) Section 2373 of such title [now 10 U.S.C. 4023].
“(4) Section 2358 of such title [now 10 U.S.C. 4001], with respect to transactions relating to weapons systems.
“(c) Systems Engineering Determinations.—
“(1) First determination.—
“(A) Success criteria.—
The head of a covered entity that enters into a covered transaction under this section shall identify, in writing, not later than 30 days after entering into such covered transaction, measurable success criteria related to potential military applications of such covered transaction, to be demonstrated not later than the last day of the period of performance for such covered transaction.
“(B) Types of determinations.—
Not later than 30 days after the end of such period of performance, the head of the covered entity shall make one of the following determinations:
“(i) A ‘Discontinue’ determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination.
“(ii) A ‘Retain and Extend’ determination, under which such head ensures continued performance of such covered transaction and extends the period of performance for a specified period of time in order to achieve the success criteria described under subparagraph (A).
“(iii) An ‘Endorse and Refer’ determination, under which such head endorses the covered transaction and refers it to the most appropriate Service Systems Engineering Command, based on the technical attributes of the covered transaction and the associated potential military applications, based on meeting or exceeding the success criteria.
“(C) Written notice.—
A determination made pursuant to subparagraph (B) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates.
“(D) Further determination.—
If the head of a covered entity issued a ‘Retain and Extend’ determination described in subparagraph (B)(ii), such head shall, at the end of the extension period—
“(i) issue an ‘Endorse and Refer’ determination described in subparagraph (B)(iii) if the success criteria are met; or
“(ii) issue a ‘Discontinue’ determination described in subparagraph (B)(i) if the success criteria are not met.
“(2) Second determination.—
“(A) Systems engineering plan.—
The head of the Service Systems Engineering Command that receives a referral from an ‘Endorse and Refer’ determination described in paragraph (1)(B)(iii) shall, not later than 30 days after receipt of such referral, formulate a systems engineering plan with the person performing the referred covered transaction, technical experts of the Department of Defense, and any prospective program executive officers.
“(B) Elements.—
The systems engineering plan required under subparagraph (A) shall include the following:
“(i) Measurable baseline technical capability, based on meeting the success criteria described in paragraph (1)(A).
“(ii) Measurable transition technical capability, based on the technical needs of the prospective program executive officers to support a current or future program of record.
“(iii) Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including an approximate cost and schedule, including activities that provide resolution to issues relating to—
“(I) interfaces;
“(II) data rights;
“(III) Federal Government technical requirements;
“(IV) specific platform technical integration;
“(V) software development;
“(VI) component, subsystem, or system prototyping;
“(VII) scale models;
“(VIII) technical manuals;
“(IX) lifecycle sustainment needs; and
“(X) other needs identified by the relevant program executive officer.
“(iv) Identification and commitment of funding sources to complete the activities under clause (iii).
“(C) Types of determinations.—
Not later than 30 days after the end of the schedule required by subparagraph (B)(iii), the head of the Service Systems Engineering Command shall make one of the following determinations:
“(i) A ‘Discontinue’ determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination.
“(ii) A ‘Retain and Extend’ determination, under which such head ensures continued performance of such covered transaction within the Service Systems Engineering Command and extends the period of performance for a specified period of time in order to—
“(I) successfully complete the systems engineering plan required under subparagraph (A); and
“(II) issue specific remedial or additional activities to the person performing the covered transaction.
“(iii) An ‘Endorse and Refer’ determination, under which such head endorses the covered transaction and refers it to a program executive officer, based on successful completion of the systems engineering plan required under subparagraph (A).
“(D) Written notice.—
A determination made pursuant to subparagraph (C) shall be documented in writing and provided to the person performing the covered transaction to which the determination relates and any prospective program executive officers for such covered transaction.
“(E) Further determination.—
If the head of the Service Systems Engineering Command issued a ‘Retain and Extend’ determination described in subparagraph (C)(ii), such head shall, at the end of the extension period—
“(i) issue an ‘Endorse and Refer’ determination described in subparagraph (C)(iii) if the transition technical capability criteria are met; or
“(ii) issue a ‘Discontinue’ determination described in subparagraph (B)(i) if the success criteria are not met.
“(d) Priority for Covered Transaction Selection.—
In selecting a covered transaction under this section, the Secretary shall prioritize those covered transactions that—
“(1) are being initially demonstrated at a covered entity;
“(2) demonstrate a high potential to be further developed by a Service Systems Engineering Command; and
“(3) demonstrate a high potential to be used in a program of the Department of Defense.
“(e) Notifications.—
“(1) In general.—
Not later than 30 days after a covered transaction is entered into pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of such covered transaction.
“(2) Updates.—
Not later than 120 days after such a covered transaction is entered into, and every 120 days thereafter until the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or (c)(2)(C)(iii) occurs, the Secretary of Defense shall provide written updates to the congressional defense committees on the actions being taken by the Department to comply with the requirements of this section.
“(f) Briefing Required.—
Not later than 60 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section.
“(g) Definitions.—
In this section:
“(1) The term ‘covered entity’ means—
“(A) the Defense Innovation Unit;
“(B) the Strategic Capabilities Office; or
“(C) the Defense Advanced Research Projects Agency.
“(2) The term ‘covered transaction’ means a transaction, procurement, or project conducted pursuant to an authority listed in subsection (b).
“(3) The term ‘Service Systems Engineering Command’ means the specific Department of Defense command that reports through a chain of command to the head of a military department that specializes in the systems engineering of a system, subsystem, component, or capability area.”
heading: Pilot Program on Acquisition Practices for Emerging Technologies
text: Pub. L. 117–81, div. A, title VIII, § 833, Dec. 27, 2021, 135 Stat. 1833, provided that:
“(a) In General.—
Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary’s designee, shall establish a pilot program (in this section referred to as the ‘Pilot Program’) to develop and implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging technologies into acquisition programs or into operational use.
“(b) Elements.—
In carrying out the Pilot Program, the Under Secretary of Defense for Acquisition and Sustainment shall—
“(1) identify, and award agreements to, not less than four new projects supporting high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to—
“(A) offensive missile capabilities;
“(B) space-based assets;
“(C) personnel and quality of life improvement;
“(D) energy generation and storage; and
“(E) any other area activities the Under Secretary determines appropriate;
“(2) develop a unique acquisition plan for each project identified pursuant to paragraph (1) that is significantly novel from standard Department of Defense acquisition practices, including the use of—
“(A) alternative price evaluation models;
“(B) alternative independent cost estimation methodologies;
“(C) alternative market research methods;
“(D) continuous assessment of performance metrics to measure project value for use in program management and oversight;
“(E) alternative intellectual property strategies, including activities to support modular open system approaches (as defined in section 2446a(b) of title 10, United States Code [now 10 U.S.C. 4401(b)]) and reduce life-cycle and sustainment costs; and
“(F) other alternative practices identified by the Under Secretary;
“(3) execute the acquisition plans described in paragraph (2) and award agreements in an expedited manner; and
“(4) determine if existing authorities are sufficient to carry out the activities described in this subsection and, if not, submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] recommendations for statutory reforms that will provide sufficient authority.
“(c) Regulation Waiver.—
The Under Secretary of Defense for Acquisition and Sustainment shall establish mechanisms for the Under Secretary to waive, upon request, regulations, directives, or policies of the Department of Defense, a military service, or a Defense Agency with respect to a project awarded an agreement under the Pilot Program if the Under Secretary determines that such a waiver furthers the purposes of the Pilot Program, unless such waiver would be prohibited by a provision of a Federal statute or common law.
“(d) Agreement Termination.—
“(1) In general.—
The Secretary of Defense may establish procedures to terminate agreements awarded under the Pilot Program.
“(2) Notification required.—
Any procedure established under paragraph (1) shall require that, not later than 30 days prior to the termination of any agreement under such procedure, notice of such termination shall be provided to the congressional defense committees.
“(e) Pilot Program Advisory Group.—
“(1) In general.—
The Under Secretary of Defense for Acquisition and Sustainment shall establish a Pilot Program advisory group to advise the Under Secretary on—
“(A) the selection, management and elements of projects under the Pilot Program;
“(B) the collection of data regarding the use of the Pilot Program; and
“(C) the termination of agreements under the Pilot Program.
“(2) Membership.—
“(A) In general.—
The members of the advisory group established under paragraph (1) shall be appointed as follows:
“(i) One member from each military department (as defined under section 101(a) of title 10, United States Code), appointed by the Secretary of the military department concerned.
“(ii) One member appointed by the Under Secretary of Defense for Research and Engineering.
“(iii) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment.
“(iv) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense.
“(v) One member appointed by the Director of the Defense Advanced Research Projects Agency.
“(vi) One member appointed by the Director of Cost Assessment and Program Evaluation.
“(vii) One member appointed by the Director of Operational Test and Evaluation.
“(B) Deadline for appointment.—
Members of the advisory group shall be appointed not later than 30 days after the date of the establishment of the pilot program under subsection (a).
“(3) FACA non-applicability.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group established under paragraph (1).
“(f) Information to Congress.—
“(1) Briefing requirement.—
Not later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on activities performed under this section.
“(2) Budget justification materials.—
The Secretary shall establish procedures to clearly identify all projects under the Pilot Program in budget justification materials submitted to Congress.
“(g) Data Requirements.—
“(1) Collection and analysis of data.—
The Secretary shall establish mechanisms to collect and analyze data on the execution of the Pilot Program for the purpose of—
“(A) developing and sharing best practices for achieving goals established for the Pilot Program;
“(B) providing information to the Secretary and the congressional defense committees on the execution of the Pilot Program; and
“(C) providing information to the Secretary and the congressional defense committees on related policy issues.
“(2) Data strategy required.—
The Secretary may not establish the Pilot Program prior to completion of a plan for—
“(A) meeting the requirements of this subsection;
“(B) collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and
“(C) conducting such evaluation.
“(h) Termination.—
The Pilot Program shall terminate on the earlier of—
“(1) the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or
“(2) the date that is five years after the date of the enactment of this Act.”
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, as amended by Pub. L. 117–81, div. A, title II, § 216, Dec. 27, 2021, 135 Stat. 1595, provided that:
“(a) Establishment.—
The Secretary of Defense and the Director of National Intelligence may jointly 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 Principal Deputy Director of National Intelligence.
“(4) Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate.
“(c) Leadership.—
The Steering Committee shall be chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal Deputy Director of National Intelligence jointly.
“(d) Responsibilities.—
The Steering Committee shall be responsible for—
“(1) developing strategies 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 and intelligence community as outlined in the National Defense Strategy and National Intelligence Strategy, and consistent with the National Security 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 and the Director of National Intelligence on—
“(A) the implementation of the strategies 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);
“(E) any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 (50 U.S.C. 3024(c)(1)(A)), that may be required to implement the strategies under paragraph (1); and
“(F) whether sufficient resources are available for the research activities, workforce, and infrastructure of the Department of Defense and the intelligence community 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 and Director of National Intelligence, jointly.
“(e) Definitions.—
In this section:
“(1) The term ‘emerging technology’ means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, 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 jointly identified by the Secretary and the Director.
“(2) The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
“(f) Sunset.—
This section shall terminate on October 1, 2025.”
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, as amended by Pub. L. 117–81, div. A, title II, §§ 212(c)(3), 215(d)(11), Dec. 27, 2021, 135 Stat. 1588, 1594, 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 4121(b) 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 4121(b) of title 10, United States Code);
“(C) the facilities of the Major Range and Test Facility Base (as defined in section 2358a(g) 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 [see 10 U.S.C. 3004]) 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.”