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10 U.S.C. § 4123 — Mechanisms to provide funds for defense laboratories and test organizations for research and development of technologies for military missions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Mechanisms to Provide Funds.—**
(1) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory or test organization may use an amount of funds equal to not less than two percent and not more than four percent of all funds available to the defense laboratory or test organization for the following purposes:
(A) To fund innovative basic and applied research that is conducted at the defense laboratory or test organization and supports military missions.
(B) To fund development programs that support the transition of technologies developed by the defense laboratory or test organization into operational use.
(C) To fund workforce development activities that improve the capacity of the defense laboratory or test organization 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 or test organization 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 or test organization 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 or test organizations of other military departments.
(4) After consultation with the science and technology executive of the military department concerned, the director of a defense labora
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Source location: Title 10, Chapter 303, § 4123; chapter-303-research-and-engineering-activities.md
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**(a) Mechanisms to Provide Funds.—**
(1) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory or test organization may use an amount of funds equal to not less than two percent and not more than four percent of all funds available to the defense laboratory or test organization for the following purposes:
(A) To fund innovative basic and applied research that is conducted at the defense laboratory or test organization and supports military missions.
(B) To fund development programs that support the transition of technologies developed by the defense laboratory or test organization into operational use.
(C) To fund workforce development activities that improve the capacity of the defense laboratory or test organization 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 or test organization 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 or test organization 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 or test organizations of other military departments.
(4) After consultation with the science and technology executive of the military department concerned, the director of a defense laboratory or test organization may charge customer activities a fixed percentage fee, in addition to normal costs of performance, in order to obtain funds to carry out activities authorized by this subsection. The fixed fee may not exceed four percent of costs.
**(b) Availability of Funds for Infrastructure Projects.—** Funds shall be available in accordance with subsection (a)(1)(D) only if—
(1) the Secretary notifies the congressional defense committees of the total cost of the project before the date on which the Secretary uses the mechanism under such subsection for such project; and
(2) the Secretary ensures that the project complies with the applicable cost limitations in—
(A) [section 2805(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/d&num=0&edition=prelim), with respect to revitalization and recapitalization projects; and
(B) [section 2811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2811&num=0&edition=prelim), with respect to repair projects.
**(c) Release and Dissemination of Information on Contributions From Use of Authority to Military Missions.—**
(1) **Collection of information.—** — The Secretary shall establish and maintain mechanisms for the continuous collection of information on achievements, best practices identified, lessons learned, and challenges arising in the exercise of the authority in this section.
(2) **Release of information.—** — The Secretary shall establish and maintain mechanisms as follows:
(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.
**(d) Test Organization Defined.—** In this section, the term “test organization” means a test organization of the Major Range and Test Facility Base specified in Department of Defense Directive 3200.11 or any successor directive.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2363, added Pub. L. 99–145, title XIV, § 1457(a), Nov. 8, 1985, 99 Stat. 762, related to encouragement of technology transfer, prior to repeal by Pub. L. 102–484, div. D, title XLII, §§ 4224(c), 4271(a)(2), Oct. 23, 1992, 106 Stat. 2683, 2695. See [section 4832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4832&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2363
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Repairs Using Operations and Maintenance Funds.—** Using funds available to the Secretary concerned for operation and maintenance, the Secretary concerned may carry out repair projects for an entire single-purpose facility or one or more functional areas of a multipurpose facility.
**(b) Approval Required for Major Repairs.—** A repair project costing more than $7,500,000 may not be carried out under this section unless approved in advance by the Secretary concerned. In determining the total cost of a repair project, the Secretary shall include all phases of a multi-year repair project to a single facility. In considering a repair project for approval, the Secretary shall ensure that the project is consistent with force structure plans, that repair of the facility is more cost effective than replacement, and that the project is an appropriate use of operation and maintenance funds.
**(c) Prohibition on New Construction or Additions.—** Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section.
**(d) Congressional Notification.—** When a decision is made to carry out a repair project under this section with an estimated cost in excess of $7,500,000, the Secretary concerned shall submit, in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim), to the appropriate committees of Congress a report containing—
(1) the justification for the repair project and the current estimate of the cost of the project, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project;
(2) if the current estimate of the cost of the repair project excee
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2811
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation.—**
(1) The Secretary of Defense, in coordination with the Secretaries of the military departments, shall designate each science and technology reinvention laboratory as a Center for Science, Technology, and Engineering Partnership (in this section referred to as “Centers”) in the recognized core competencies of the designee.
(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) Public-private Partnerships.—**
(1) To achieve one or more objectives set forth in paragraph (2), the Secretary may authorize and establish incentives for the Director of a Center to enter into public-private cooperative arrangements (in this section referred to as a “public-private partnership”) to provide for any of the following:
(A) For employees of the Center, academia, private industr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4124
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Federal law — U.S. Code and appendices · legal_authorities
Page 2661
TITLE 10—ARMED FORCES
§ 4124
‘‘(iii) in the case of any applications under
clause (i) on which a final decision was not ren-
dered, the date by which a final decision is antici-
pated.
‘‘(3) DEFINITION.—For purposes of this subsection,
the term ‘demonstration laboratory’ means a labora-
tory designated by the Secretary of Defense under
the provisions of section 4121(a) of title 10, United
States Code.’’
[For termination, effective Dec. 31, 2021, of annual re-
porting provisions in section 1107(d) of Pub. L. 110–181,
set out above, see section 1061 of Pub. L. 114–328, set out
as a note under section 111 of this title.]
§ 4123. Mechanisms to provide funds for defense
laboratories for research and development of
technologies for military missions
(a) MECHANISMS
TO PROVIDE FUNDS.—(1) The
Secretary of Defense, in consultation with the
Secretaries of the military departments, shall
establish mechanisms under which the director
of a defense laboratory may use an amount of
funds equal to not less than two percent and not
more than four percent of all funds available to
the defense laboratory for the following pur-
poses:
(A) To fund innovative basic and applied re-
search that is conducted at the defense labora-
tory and supports military missions.
(B) To fund development programs that sup-
port the transition of technologies developed
by the defense laboratory into operational use.
(C) To fund workforce development activi-
ties that improve the capacity of the defense
laboratory to recruit and retain personnel
with necessary scientific and engineering ex-
pertise 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 me
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4123
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