SUBCHAPTER III—RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
Laboratory Quality Enhancement Program
"(a)
"(1) to review and make recommendations to the Secretary with respect to—
"(A) existing policies and practices affecting the science and technology reinvention laboratories to improve the mission effectiveness of such laboratories;
"(B) new initiatives proposed by the science and technology reinvention laboratories; and
"(C) new interpretations of existing statutes and regulations that would enhance the ability of a director of a science and technology reinvention laboratory to manage the facility and discharge the mission of the laboratory;
"(2) to support implementation of current and future initiatives affecting the science and technology reinvention laboratories; and
"(3) to conduct assessments or data analysis on such other issues as the Secretary determines to be appropriate.
"(b)
"(1) A panel on personnel, workforce development, and talent management.
"(2) A panel on facilities, equipment, and infrastructure.
"(3) A panel on research strategy, technology transfer, and industry and university partnerships.
"(4) A panel on governance and oversight processes.
"(c)
"(A) laboratories and research centers of the Army, Navy, and Air Force;
"(B) appropriate Defense Agencies;
"(C) the Office of the Under Secretary of Defense for Research and Engineering; and
"(D) such other entities as the Secretary determines to be appropriate.
"(2) The panel described in subsection (b)(4) shall be composed of—
"(A) the Director of the Army Research Laboratory;
"(B) the Director of the Air Force Research Laboratory;
"(C) the Director of the Naval Research Laboratory;
"(D) the Director of the Engineer Research and Development Center of the Army Corps of Engineers; and
"(E) such other members as the Secretary determines to be appropriate.
"(d)
"(2) Each panel, in coordination with the Under Secretary of Defense for Research and Engineering, shall transmit to the Science and Technology Executive Committee of the Department of Defense such information or findings on topics requiring decision or approval as the panel considers appropriate.
"(3)(A) Each panel described in paragraph (1), (2), or (3) of subsection (b) shall submit to the panel described in paragraph (4) of such subsection (relating to governance and oversight processes) the following:
"(i) The findings of the panel with respect to the review conducted by the panel under subsection (a)(1)(C).
"(ii) The recommendations made by the panel under such subsection.
"(iii) Such comments, findings, and recommendations as the panel may have received by a science and technology reinvention laboratory with respect to—
"(I) the review conducted by the panel under such subsection; or
"(II) recommendations made by the panel under such subsection.
"(B)(i) The panel described in subsection (b)(4) shall review and refashion such recommendations as the panel may receive under subparagraph (A).
"(ii) In reviewing and refashioning recommendations under clause (i), the panel may, as the panel considers appropriate, consult with the science and technology executive of the affected service.
"(C) The panel described in subsection (b)(4) shall submit to the Under Secretary of Defense for Research and Engineering the recommendations made by the panel under subsection (a)(1)(C) and the recommendations refashioned by the panel under subparagraph (B) of this paragraph.
"(e)
"(2) In interpreting or defining under paragraph (1), the Under Secretary shall, to the degree practicable, emphasize providing the maximum operational flexibility to the directors of the science and technology reinvention laboratories to discharge the missions of their laboratories.
"(3) In interpreting or defining under paragraph (1), the Under Secretary shall, to the extent practicable, consult and coordinate with the secretaries of the military departments and such other agencies or entities as the Under Secretary considers relevant, on any proposed revision to regulations under paragraph (1).
"(4) In interpreting or defining under paragraph (1), the Under Secretary shall seek recommendations from the panel described in subsection (b)(4).
"(f)
"(g)
Defense Laboratory Modernization Pilot Program
§4121. Science and technology reinvention laboratories: authority and designation
(a)
(2)(A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project.
(B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (
(3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1),
(A) subsection (d) of such section 4703 shall not apply to the demonstration project;
(B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and
(C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals).
(4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering.
(5) The limitations in
(b)
(1) The Air Force Research Laboratory.
(2) The Joint Warfare Analysis Center.
(3) The Army Research Institute for the Behavioral and Social Sciences.
(4) The Combat Capabilities Development Command Armaments Center.
(5) The Combat Capabilities Development Command Army Research Laboratory.
(6) The Combat Capabilities Development Command Aviation and Missile Center.
(7) The Combat Capabilities Development Command Chemical Biological Center.
(8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center.
(9) The Combat Capabilities Development Command Ground Vehicle Systems Center.
(10) The Combat Capabilities Development Command Soldier Center.
(11) The Engineer Research and Development Center.
(12) The Medical Research and Development Command.
(13) The Technical Center, US Army Space and Missile Defense Command.
(14) The Naval Air Systems Command Warfare Centers.
(15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center.
(16) The Naval Information Warfare Centers, Atlantic and Pacific.
(17) The Naval Medical Research Center.
(18) The Naval Research Laboratory.
(19) The Naval Sea Systems Command Warfare Centers.
(20) The Office of Naval Research.
(c)
(1) shall not adversely affect any employee with respect to pay or any other term or condition of employment;
(2) shall be consistent with
(3) shall be completed within 18 months after designation; and
(4) shall not apply to prevailing rate employees (as defined by
(d)
(Added
Editorial Notes
References in Text
Section 6 of the Civil Service Miscellaneous Amendments Act of 1983, referred to in subsec. (a)(2)(B), is section 6 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective immediately after the effective date of the amendments made by title XVIII of
Defense Laboratories Personnel Demonstration Projects
"(e) [sic]
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"(A) The actions taken by the Secretary of Defense under subsection (a) during the year covered by the report.
"(B) The progress made by the Secretary of Defense during such year in developing and implementing the plan required by subsection (b), including the anticipated date for completion of such plan and a list and description of any issues relating to the development or implementation of such plan.
"(C) With respect to any applications by any Department of Defense laboratories seeking to be designated as a demonstration laboratory or to otherwise obtain any of the personnel flexibilities available to a demonstration laboratory—
"(i) the number of applications that were received, pending, or acted on during such year;
"(ii) the status or disposition of any applications under clause (i), including, in the case of any application on which a final decision was rendered, the laboratory involved, what the laboratory had requested, the decision reached, and the reasons for the decision; and
"(iii) in the case of any applications under clause (i) on which a final decision was not rendered, the date by which a final decision is anticipated.
"(3)
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1107(d) of
§4123. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions
(a)
(A) To fund innovative basic and applied research that is conducted at the defense laboratory and supports military missions.
(B) To fund development programs that support the transition of technologies developed by the defense laboratory into operational use.
(C) To fund workforce development activities that improve the capacity of the defense laboratory to recruit and retain personnel with necessary scientific and engineering expertise that support military missions.
(D) To fund the repair or minor military construction of the laboratory infrastructure and equipment, in accordance with subsection (b).
(2) The mechanisms established under paragraph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the director of a defense laboratory in consultation with the science and technology executive of the military department concerned.
(3) The science and technology executive of a military department may develop policies and guidance to leverage funding and promote cross-laboratory collaboration, including with laboratories of other military departments.
(4) After consultation with the science and technology executive of the military department concerned, the director of a defense laboratory may charge customer activities a fixed percentage fee, in addition to normal costs of performance, in order to obtain funds to carry out activities authorized by this subsection. The fixed fee may not exceed four percent of costs.
(b)
(1) the Secretary notifies the congressional defense committees of the total cost of the project before the date on which the Secretary uses the mechanism under such subsection for such project; and
(2) the Secretary ensures that the project complies with the applicable cost limitations in—
(A)
(B)
(c)
(1)
(2)
(A) Mechanisms for the release to the public of information on achievements and best practices described in paragraph (1) in unclassified form.
(B) Mechanisms for dissemination to appropriate civilian and military officials of information on achievements and best practices described in paragraph (1) in classified form.
(Added
Editorial Notes
Amendments
2021—
2018—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
§4124. Centers for Science, Technology, and Engineering Partnership
(a)
(2) The Secretary of Defense shall establish a policy to encourage the Secretary of each military department to reengineer management and business processes and adopt best-business and personnel practices at the Centers of the Secretary concerned in connection with the capability requirements of the Centers, so as to serve as recognized leaders in such capabilities throughout the Department of Defense and in the national technology and industrial base.
(3) The Secretary of Defense, acting through the directors of the Centers, may conduct one or more pilot programs, consistent with applicable requirements of law, to test any practices referred to in paragraph (2) that the Directors determine could—
(A) improve the efficiency and effectiveness of operations at Centers;
(B) improve the support provided by the Centers for the elements of the Department of Defense who use the services of the Centers; and
(C) enhance capabilities by reducing the cost and improving the performance and efficiency of executing laboratory missions.
(b)
(A) For employees of the Center, academia, private industry, State and local governments, or other entities outside the Department of Defense to perform (under contract, subcontract, or otherwise) work related to the capabilities of the Center, including any work that—
(i) involves one or more capabilities of the Center; and
(ii) may be applicable to both the Department and commercial entities.
(B) For private industry or other entities outside the Department of Defense to use for either Government or commercial purposes any capabilities of the Center that are not fully used for Department of Defense activities for any period determined to be consistent with the needs of the Department of Defense.
(2) The objectives for exercising the authority provided in paragraph (1) are as follows:
(A) To maximize the use of the capacity of a Center.
(B) To reduce or eliminate the cost of ownership of a Center by the Department of Defense.
(C) To reduce the cost of science, technology, and engineering activities of the Department of Defense.
(D) To leverage private sector investment in—
(i) such efforts as research and equipment recapitalization for a Center; and
(ii) the promotion of the undertaking of commercial business ventures based on the capabilities of a Center, as determined by the director of the Center.
(E) To foster cooperation and technology transfer between the armed forces, academia, private industry, and State and local governments.
(F) To increase access by a Center to a skilled technical workforce that can contribute to the effective and efficient execution of the missions of the Department of Defense.
(G) To increase the ability of a Center to access and use non-Department of Defense methods to develop and innovate and access capabilities that contribute to the effective and efficient execution of the missions of the Department of Defense.
(3)(A) Public-private partnerships entered into under paragraph (1) may be used for purposes relating to technology transfer and other authorities described in subparagraph (B).
(B) The authorities described in this subparagraph are provisions of law that provide for cooperation and partnership by the Department of Defense with academia, private industry, and State and local governments, including the following:
(i)
(ii)
(iii)
(iv) Sections 8, 12, and 23 of the Stevenson-Wydler Technology Innovation Act of 1980 (
(c)
(d)
(1) be credited to the appropriation or fund, including a working-capital or revolving fund, that incurs the cost of performing the work; or
(2) be used by the Director of the Center as the Director considers appropriate and consistent with section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (
(e)
(1) the use of the capacities will not have a significant adverse effect on the performance of the Center or the ability of the Center to achieve the mission of the Center, as determined by the Director of the Center; and
(2) the private-sector entity agrees—
(A) to reimburse the Department of Defense when required in accordance with the guidance of the Department for the direct and indirect costs (including any rental costs) that are attributable to the use of the capabilities by the private-sector entity, as determined by the Secretary of the military departments; and
(B) to hold harmless and indemnify the United States from—
(i) any claim for damages or injury to any person or property arising out of the use of the capabilities, except under the circumstances described in
(ii) any liability or claim for damages or injury to any person or property arising out of a decision by the Secretary to suspend or terminate that use of capabilities during a war or national emergency.
(f)
(2) In this subsection, the term "partnership intermediary" means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that—
(A) assists, counsels, advises, evaluates, or otherwise cooperates with industry or academic institutions that need or can make demonstrably productive use of technology-related assistance from a Center;
(B) facilitates technology transfer from industry or academic institutions to a Center; or
(C) assists and facilitates workforce development in critical technology areas for technology transition activities to fulfill unmet needs of a Center.
(g)
(h)
(1) The term "capabilities", with respect to a Center for Science, Technology, and Engineering Partnership, means the facilities, equipment, personnel, intellectual property, and other assets that support the core competencies of the Center.
(2) The term "national technology and industrial base" has the meaning given that term in
(3) The term "science and technology reinvention laboratory" means a science and technology reinvention laboratory designated under
(Added
Editorial Notes
References in Text
Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, referred to in subsec. (d)(2), is section 219 of
Amendments
2023—Subsec. (f)(2).
2021—
Subsec. (b)(3)(B)(ii).
Subsec. (d)(2).
Subsec. (h)(3).
2019—Subsec. (f)(1).
2018—Subsecs. (f) to (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by section 215 of
Amendment by section 1701(u)(4)(A), (C), (5)(B) of
Amendment by
1 See References in Text note below.
§4125. Functions of Defense research facilities
(a)
(1) that Defense research facilities are assigned broad mission requirements rather than specific hardware needs;
(2) that appropriate personnel of such facilities are assigned to serve as consultants on component and support system standardization;
(3) that the managers of such facilities have broad latitude to choose research and development projects based on awareness of activities throughout the technology domain, including within the Federal Government, the Department of Defense, public and private research institutions and universities, and the global commercial marketplace;
(4) that technology position and issue papers prepared by Defense research facilities are readily available to all components of the Department of Defense and to contractors who submit bids or proposals for Department of Defense contracts;
(5) that, in order to promote increased consideration of technological issues early in the development process, any technological assessment made by a Defense research facility shall be provided to the Defense Technical Information Center repository to support acquisition decisions; and
(6) that, in light of Defense research facilities being funded by the public, Defense research facilities are broadly authorized and encouraged to support national technological development goals and support technological missions of other departments and agencies of the Federal Government, when such support is determined by the Secretary of Defense to be in the best interests of the Federal Government.
(b)
(1) basic research; or
(2) applied research known as exploratory development.
(Added and amended
Codification
The text of subsecs. (b) and (c) of
Amendments
2021—Subsecs. (a), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Effective Date
Section and amendment by
Specification of Certain Duties of the Defense Technical Information Center
"(a)
"(1) To execute the Global Research Watch Program under
"(2) To develop and maintain datasets and other data repositories on research and engineering activities being conducted within the Department.
"(b)
Coordination of High-Temperature Superconductivity Research and Development
"(A) coordinate the research and development activities of the Department of Defense relating to high-temperature superconductivity; and
"(B) ensure that such research and development—
"(i) is carried out in coordination with the high-temperature superconductivity research and development activities of the Department of Energy (including the national laboratories of the Department of Energy), the National Science Foundation, the National Institute of Standards and Technology, and the National Aeronautics and Space Administration; and
"(ii) complements rather than duplicates such activities."
§4126. Use of federally funded research and development centers
(a)
(b)
(c)
(A) the head of the agency submits to Congress a report with respect to such center that describes the purpose, mission, and general scope of effort of the center; and
(B) a period of 60 days beginning on the date such report is received by Congress has elapsed.
(2) In this subsection, the term "head of an agency" has the meaning given such term in
(d)
(Added
Editorial Notes
Codification
Amendments
2021—
Subsec. (c)(2).
2002—Subsec. (d).
1999—Subsec. (d)(2).
1996—Subsec. (d)(2).
1991—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
Effective Date of 1991 Amendment
"(A) Paragraph (1) of subsection (d) of
"(B) Paragraph (2) of such subsection shall take effect with respect to fiscal year 1992."
Termination of Reporting Requirements
For termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of annual report to Congress, see section 1061 of
Pilot Program on Disclosure of Certain Sensitive Information to Federally Funded Research and Development Centers
"(a)
"(1) permitting officers and employees of the Department of Defense to disclose sensitive information to federally funded research and development centers of the Department for the sole purpose of the performance of administrative, technical, or professional services under and within the scope of the contracts with the parent organizations of such federally funded research and development centers; and
"(2) appropriately protecting proprietary information from unauthorized disclosure or use by such centers.
"(b)
"(c)
"(d)
"(1) sensitive information furnished to the federally funded research and development center will be accessed and used only for the purposes stated in the contract between the parent organization of the federally funded research and development center and the Department of Defense;
"(2) the federally funded research and development center will take all precautions necessary to prevent disclosure of the sensitive information furnished to anyone not authorized access to the information in order to perform the applicable contract;
"(3) sensitive information furnished under the pilot program shall not be used by the federally funded research and development center or parent organization to compete against a third party for a Government or non-Government contract or funding, or to support other current or future research or technology development activities performed by the federally funded research and development center; and
"(4) any personnel of a federally funded research and development center participating in the pilot program may not disclose or use any trade secrets or any nonpublic information accessed under the pilot program, unless specifically authorized by this section.
"(e)
"(2) The pilot program shall terminate on the date that is three years after the date of the commencement of the pilot program.
"(f)
"(g)
§4127. Defense innovation unit 1
(a)
(b)
(c)
(1) shall serve as a principal staff assistant to the Secretary of Defense on matters within the responsibility of the Unit;
(2) shall report directly to the Secretary without intervening authority; and
(3) may communicate views on matters within the responsibility of the Unit directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense.
(d)
(1) Seek out, identify, and support development of and experimentation with commercial technologies that have the potential to be implemented within the Department of Defense.
(2) Accelerate the adoption or integration of commercial technologies within the Department of Defense to transform military capacity and capabilities.
(3) Serve as the principal liaison between the Department of Defense and individuals and entities in the national security innovation base, including entrepreneurs, startups, commercial technology companies, and venture capital sources.
(4) Carry out programs, projects, and other activities to strengthen the national security innovation base.
(5) Coordinate and harmonize the activities of other organizations and elements of the Department of Defense on matters relating to commercial technologies, dual use technologies, and the innovation of such technologies.
(6) Coordinate and advise efforts among elements of the Department of Defense on matters relating to the development, procurement, and fielding of nontraditional capabilities.
(7) Coordinate with the Joint Staff and the commanders of the combatant commands to identify operational challenges that have the potential to be addressed through the use of nontraditional capabilities, including dual-use technologies, that are being developed and financed in the commercial sector.
(8) Using funds made available to the Unit—
(A) select projects to be carried out by one or more of the service-level innovation organizations;
(B) allocate funds to service-level innovation organizations to carry out such projects; and
(C) monitor the execution of such projects by the service-level innovation organizations.
(9) Serve as the principal liaison between the Department of Defense, nontraditional defense contractors, investors in nontraditional defense companies, and departments and agencies of the Federal Government pursing nontraditional capabilities similar to those pursued by the Department.
(10) Lead engagement with industry, academia, and other nongovernment entities to develop—
(A) domestic capacity with respect to innovative, commercial, and dual-use technologies and the use of nontraditional defense contractors; and
(B) the capacity of international allies and partners of the United States with respect to such technologies and the use of such contractors.
(11) Carry out such other activities as the Secretary of Defense determines appropriate.
(e)
(1) The Director shall identify and support multi-stakeholder research and innovation partnerships that—
(A) have the potential to generate technologies, processes, products, or other solutions that address national defense or security needs; and
(B) have as an objective the technology transfer or commercialization of the work product generated by the partnership, which may include work product that incorporates Government-developed intellectual property licensed to the partnership in accordance with paragraph (3).
(2) Support provided by the Director to a multi-stakeholder research and innovation partnership under this subsection may include—
(A) providing funding or other resources to the partnership;
(B) participating in the partnership;
(C) providing technical and technological advice and guidance to the partnership;
(D) suggesting and introducing other participants for inclusion in the partnership;
(E) providing the partnership with insight into desired solutions for defense and security needs; and
(F) such other forms of support as the Director determines appropriate.
(3) To the extent the Director determines appropriate, the Director shall seek to actively inform potential participants in multi-stakeholder research and innovation partnerships of the availability of Government-developed intellectual property that may be licensed to the partnership.
(4) On an annual basis, the Director shall submit to the Secretary of Defense and the congressional defense committees a report on the activities, advances, outcomes, and work product of the multi-stakeholder research and innovation partnerships supported under this subsection.
(f)
(1) The term "multi-stakeholder research and innovation partnership" means a partnership composed of any combination of two or more of the following:
(A) Universities, colleges, or other institutions of higher education with research and innovation capability.
(B) Non-profit organizations that provide policy, research, outreach, operations, organizational, management, testing, evaluation, technology transfer, legal, financial, or advocacy expertise.
(C) For-profit commercial enterprises that may be publicly or privately owned, early stage or mature, and incorporated or operating by another ownership structure.
(D) Departments or agencies of the Federal Government with expertise, operations, or resources related to the objectives of the multi-stakeholder research and innovation partnership.
(2) The term "nontraditional capability" means a solution to an operational challenge that can significantly leverage commercial innovation or external capital with minimal dependencies on fielded systems.
(3) The term "nontraditional defense contractor" has the meaning given that term in
(Added
Delayed Effective Date of Section
Section effective 180 days after Dec. 22, 2023, with additional implementation requirements, see Effective Date; Implementation note below.
Statutory Notes and Related Subsidiaries
Effective Date; Implementation
Section effective 180 days after Dec. 22, 2023, with additional implementation requirements, see section 913(b)(1), (2) of
1 So in original. Probably should be "Defense Innovation Unit".