10 U.S.C. § 4027 (ARMED FORCES)
[§ 4027. Disclosure requirements for recipients of research and development funds]
heading: Editorial Notes
heading: Codification
text: Pub. L. 117–81, div. A, title XVII, § 1701(e)(4)(A), Dec. 27, 2021, 135 Stat. 2139, attempted to transfer section 2374b of this title to this subchapter, add such section at the end of this subchapter, and redesignate such section as section 4027 of this title, all of which was to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 took effect, pursuant to section 1701(a)(3) 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. However, chapter 139 of this title, which included section 2374b of this title, was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, pursuant to Pub. L. 116–283, div. A, title XVIII, § 1801(d), Jan. 1, 2021, 134 Stat. 4151, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: National Security Innovation Activities
text: Pub. L. 115–232, div. A, title II, § 230, Aug. 13, 2018, 132 Stat. 1689, as amended by Pub. L. 116–283, div. A, title II, § 213(a), Jan. 1, 2021, 134 Stat. 3456, provided that:
“(a) Establishment.—
The Under Secretary of Defense for Research and Engineering shall establish activities to develop interaction between the Department of Defense and the commercial technology industry and academia with regard to emerging hardware products and technologies with national security applications.
“(b) Elements.—
The activities required by subsection (a) shall include the following:
“(1) Informing and encouraging private investment in specific hardware technologies of interest to future defense technology needs with unique national security applications.
“(2) Funding research and technology development in hardware-intensive capabilities that private industry has not sufficiently supported to meet rapidly emerging defense and national security needs.
“(3) Contributing to the development of policies, policy implementation, and actions to deter strategic acquisition of industrial and technical capabilities in the private sector by foreign entities that could potentially exclude companies from participating in the Department of Defense technology and industrial base.
“(4) Identifying promising emerging technology in industry and academia for the Department of Defense for potential support or research and development cooperation.
“(c) Transfer of Personnel and Resources.—
“(1) In general.—
Subject to paragraph (2), the Under Secretary may transfer such personnel, resources, and authorities that are under the control of the Under Secretary as the Under Secretary considers appropriate to carry out the activities established under subsection (a) from other elements of the Department under the control of the Under Secretary or upon approval of the Secretary of Defense.
“(2) Certification.—
The Under Secretary may only make a transfer of personnel, resources, or authorities under paragraph (1) upon certification by the Under Secretary that the activities established under paragraph (a) can attract sufficient private sector investment, has personnel with sufficient technical and management expertise, and has identified relevant technologies and systems for potential investment in order to carry out the activities established under subsection (a), independent of further government funding beyond this authorization.
“(d) Establishment of Nonprofit Entity.—
The Under Secretary may establish or fund a nonprofit entity to carry out the program activities under subsection (a).
“(e) Advisory Assistance.—
“(1) In general.—
The Under Secretary shall establish a mechanism to seek advice from existing Federal advisory committees on matters relating to—
“(A) the implementation and prioritization of activities established under subsection (a); and
“(B) determining how such activities may be used to support the overall technology strategy of the Department of Defense.
“(2) Existing federal advisory committees defined.—
In this subsection, the term ‘existing Federal advisory committee’ means an advisory committee that—
“(A) is established pursuant to a provision of Federal law other than this section; and
“(B) has responsibilities relevant to the activities established under subsection (a), as determined by the Under Secretary.
“(f) Plan.—
“(1) In general.—
Not later than one year after the date of the enactment of this Act [Aug. 13, 2018], 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 detailed plan to carry out this section.
“(2) Elements.—
The plan required by paragraph (1) shall include the following:
“(A) A description of the additional authorities needed to carry out the activities set forth in subsection (b).
“(B) Plans for transfers under subsection (c), including plans for private fund-matching and investment mechanisms, oversight, treatment of rights relating to technical data developed, and relevant dates and goals of such transfers.
“(C) Plans for attracting the participation of the commercial technology industry and academia and how those plans fit into the current Department of Defense research and engineering enterprise.
“(g) Authorities.—
In carrying out this section, the Under Secretary may use the following authorities:
“(1) Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) [10 U.S.C. 4816 note], relating to a pilot program on strengthening the defense industrial and innovation base.
“(2) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.
“(3) Section 2368 of such title [now 10 U.S.C. 4124], relating to Centers for Science, Technology, and Engineering Partnerships.
“(4) Section 2374a of such title [now 10 U.S.C. 4025], relating to prizes for advanced technology achievements.
“(5) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
“(6) Section 2521 of such title [now 10 U.S.C. 4841, 4842], relating to the Manufacturing Technology Program.
“(7) Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States.
“(8) Chapter 47 of such title, relating to personnel research programs and demonstration projects.
“(9) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.
“(10) Such other authorities as the Under Secretary considers appropriate.
“(h) Notice Required.—
Not later than 15 days before the date on which the Under Secretary first exercises the authority granted under subsection (d) and not later than 15 days before the date on which the Under Secretary first obligates or expends any amount authorized under subsection (h), the Under Secretary shall notify the congressional defense committees of such exercise, obligation, or expenditure, as the case may be.”