10 U.S.C. § 4066 — Global Research Watch Program

Page 2645 TITLE 10—ARMED FORCES § 4066 2433(e)(2) was transferred to section 4375(b) of this title by Pub. L. 116–283. Subsec. (j). Pub. L. 117–81, § 1701(d)(9)(B), substituted ‘‘sections 3201 through 3205’’ for ‘‘chapter 137’’. Subsec. (k)(2). Pub. L. 117–81, § 1701(d)(9)(C), which di- rected that ‘‘(as defined in section 2302(5) of this title)’’ be struck out, was executed by striking out ‘‘(as de- fined in section 3041 of this title)’’ before period at end to reflect the probable intent of Congress and the inter- vening amendment by Pub. L. 116–283, § 1883(b)(2). See note below. Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 3041’’ for ‘‘section 2302(5)’’. 2019—Subsecs. (a)(1), (l)(1). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Research and Engi- neering’’ for ‘‘Under Secretary of Defense for Acquisi- tion, Technology, and Logistics’’. 2016—Subsec. (a)(2). Pub. L. 114–328, § 828(a), sub- stituted ‘‘system, or system-of-systems level of an ex- isting Department of Defense acquisition program, or to address any broader functional challenge to Depart- ment of Defense missions that may not fall within an acquisition program, that would result in improve- ments in performance, affordability, manufacturability, or operational capability of that ac- quisition program or function.’’ for ‘‘or system level of an existing Department of Defense acquisition program that would result in improvements in performance, af- fordability, manufacturability, or operational capa- bility of that acquisition program.’’ Subsec. (c)(3). Pub. L. 114–328, § 828(d)(1), inserted ‘‘or functions’’ after ‘‘acquisition programs’’. Subsec. (c)(4)(A)(iii). Pub. L. 114–328, § 828(d)(2), added cl. (iii). Subsec. (c)(5)(B). Pub. L. 114–328, § 828(d)(4), sub- stituted ‘‘system, or system-of-systems’’ for ‘‘or sys- tem’’. Subsec. (c)(5)(D). Pub. L. 114–328, § 828(d)(3), added sub- par. (D). Subsec. (e)(1). Pub. L. 114–328, § 828(d)(4), substituted ‘‘system, or system-of-systems’’ for ‘‘or system’’. Subsec. (j). Pub. L. 114–328, § 828(b)(2), added subsec. (j). Former subsec. (j) redesignated (k). Subsecs. (k), (l). Pub. L. 114–328, § 828(b)(1), redesig- nated subsecs. (j) and (k) as (k) and (l), respectively. Subsec. (l)(5). Pub. L. 114–328, § 828(c), substituted ‘‘2021’’ for ‘‘2016’’. 2014—Subsec. (k)(4)(A). Pub. L. 113–291 substituted ‘‘section 110 of title 41’’ for ‘‘section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)’’. 2013—Subsec. (k)(4)(B). Pub. L. 113–66 inserted period at end. Subsec. (k)(5). Pub. L. 112–239 substituted ‘‘January 7, 2016’’ for ‘‘the date that is five years after the date of the enactment of this Act’’. 2011—Subsecs. (j) to (l). Pub. L. 111–383 redesignated subsec. (l) as (j), added subsec. (k), and struck out former subsecs. (j) and (k) which related to annual re- port and termination of authority, respectively. 2008—Subsec. (l). Pub. L. 110–417 added subsec. (l). 2006—Subsec. (c)(4), (5). Pub. L. 109–364, § 213(b)(1), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6). Subsec. (c)(6). Pub. L. 109–364, § 213(b)(1)(A), (d), redes- ignated par. (5) as (6) and amended it generally. Prior to amendment, par. (6) read as follows: ‘‘The Under Sec- retary may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been pre- viously reviewed and found not to have merit.’’ Former par. (6) redesignated (7). Subsec. (c)(7). Pub. L. 109–364, § 213(b)(1)(A), (g)(1), re- designated par. (6) as (7) and substituted ‘‘paragraph (5)’’ for ‘‘paragraph (4)’’. Subsec. (d)(1). Pub. L. 109–364, § 213(g)(2), substituted ‘‘subsection (c)(7)’’ for ‘‘subsection (c)(6)’’. Subsec. (d)(2). Pub. L. 109–364, § 213(g)(3), substituted ‘‘subsection (c)(5)’’ for ‘‘subsection (c)(4)’’ in introduc- tory provisions. Subsec. (e)(1). Pub. L. 109–364, § 213(g)(4), substituted ‘‘subsection (c)(5)’’ for ‘‘subsection (c)(4)’’. Subsec. (e)(3). Pub. L. 109–364, § 213(b)(2), added par. (3). Subsecs. (f), (g). Pub. L. 109–364, § 213(b)(3), added sub- sec. (f) and redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 109–364, § 213(b)(3)(A), (e), redesig- nated subsec. (g) as (h), substituted ‘‘Conflicts of Inter- est and Confidentiality’’ for ‘‘Elimination of Conflicts of Interest’’ in heading, substituted ‘‘conflicts of inter- est and that the identity of any person or activity sub- mitting a challenge proposal is not disclosed outside the Federal Government, prior to contract award, with- out the consent of the person or activity’’ for ‘‘conflicts of interest’’, and inserted at end ‘‘For purposes of the proceeding sentence, the term ‘Federal Government’ includes both employees of the Federal Government and employees of Federal Government contractors pro- viding advisory and assistance services as described in part 37 of the Federal Acquisition Regulation.’’ Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 109–364, § 213(b)(3)(A), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 109–364, § 213(b)(3)(A), (4), redesig- nated subsec. (i) as (j) and substituted ‘‘The report shall also include a list of each challenge proposal that was determined by a Panel to satisfy each of the cri- teria specified in subsection (c)(5), but was not deter- mined under a full review and evaluation to satisfy such criteria, together with a detailed rationale for the Department’s determination that such criteria were not satisfied’’ for ‘‘No report is required for a fiscal year in which the Challenge Program is not carried out’’. Former subsec. (j) redesignated (k). Subsec. (k). Pub. L. 109–364, § 213(b)(3)(A), (f), redesig- nated subsec. (j) as (k) and substituted ‘‘2012’’ for ‘‘2007’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1701(d)(9) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see sec- tion 1701(a)(3) of Pub. L. 117–81, set out in a note pre- ceding section 3001 of this title and note below. Amendment by section 1701(q)(1), (u)(3)(B) of 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 note preceding section 3001 of this title and Effective Date 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. [§§ 4063 to 4065. Omitted] Editorial Notes CODIFICATION As enacted, Pub. L. 116–283, div. A, title XVIII, § 1842(b), Jan. 1, 2021, 134 Stat. 4244, originally trans- ferred sections 2361a, 2358b, and 2374a of this title to sections 4063 to 4065, respectively, to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(q)(1), (u)(3)(B), Dec. 27, 2021, 135 Stat. 2148, 2152, amended section 1842(b) of Pub. L. 116–283, effec- tive as if included therein, so as to eliminate those transfers, thereby omitting these sections before they took effect. Other amendments by Pub. L. 117–81 re- sulted in transfers of sections 2361a, 2358b, and 2374a to sections 4142, 1766, and 4025 of this title, respectively. § 4066. Global Research Watch Program (a) PROGRAM.—The Under Secretary of Defense for Research and Engineering shall carry out a Global Research Watch program in accordance with this section. Page 2646 TITLE 10—ARMED FORCES § 4066 (b) PROGRAM GOALS.—The goals of the pro- gram are as follows: (1) To monitor and analyze the basic and ap- plied research activities and capabilities of foreign nations and private sector persons in areas of military interest, including allies and competitors. (2) To provide standards for comparison and comparative analysis of research capabilities of foreign nations and private sector persons in relation to the research capabilities of the United States. (3) To assist Congress and Department of De- fense officials in making investment decisions for research in technical areas where the United States may not be the global leader. (4) To identify areas where significant oppor- tunities for cooperative research may exist. (5) To coordinate and promote the inter- national cooperative research and analysis ac- tivities of each of the armed forces and De- fense Agencies. (6) To establish and maintain an electronic database on international research capabili- ties, comparative assessments of capabilities, cooperative research opportunities, and ongo- ing cooperative programs. (c) FOCUS OF PROGRAM.—The program shall be focused on research and technologies at a tech- nical maturity level equivalent to Department of Defense basic and applied research programs. (d) COORDINATION.—(1) The Under Secretary shall coordinate the program with the inter- national cooperation and analysis activities of the military departments and Defense Agencies. (2) The Secretaries of the military depart- ments and the directors of the Defense Agencies shall provide the Under Secretary of Defense for Research and Engineering such assistance as the Under Secretary may require for purposes of the program. (3)(A) Funds available to a military depart- ment for a fiscal year for monitoring or ana- lyzing the research activities and capabilities of foreign nations may not be obligated or ex- pended until the Under Secretary of Defense for Research and Engineering certifies to the Under Secretary of Defense for Acquisition, Tech- nology, and Logistics that the Secretary of such military department has provided the assistance required under paragraph (2). (B) The limitation in subparagraph (A) shall not be construed to alter or effect the avail- ability to a military department of funds for in- telligence activities. (e) CLASSIFICATION OF DATABASE INFORMA- TION.—Information in electronic databases of the Global Research Watch program shall be maintained in unclassified form and, as deter- mined necessary by the Under Secretary of De- fense for Research and Engineering, in classified form in such databases. (f) TERMINATION.—The requirement to carry out the program under this section shall termi- nate on September 30, 2035. (Added Pub. L. 108–136, div. A, title II, § 231(a), Nov. 24, 2003, 117 Stat. 1421, § 2365; amended Pub. L. 109–364, div. A, title II, § 232, Oct. 17, 2006, 120 Stat. 2134; Pub. L. 111–84, div. A, title II, § 211, Oct. 28, 2009, 123 Stat. 2225; Pub. L. 111–383, div. A, title IX, § 901(j)(3), Jan. 7, 2011, 124 Stat. 4324; Pub. L. 112–239, div. A, title X, § 1076(c)(2)(B), Jan. 2, 2013, 126 Stat. 1950; Pub. L. 114–92, div. A, title II, § 215, Nov. 25, 2015, 129 Stat. 769; Pub. L. 116–92, div. A, title II, § 266, Dec. 20, 2019, 133 Stat. 1301; renumbered § 4066, Pub. L. 116–283, div. A, title XVIII, § 1842(b), Jan. 1, 2021, 134 Stat. 4244; Pub. L. 117–81, div. A, title XVII, § 1701(q)(1), (u)(3)(B), Dec. 27, 2021, 135 Stat. 2148, 2152; Pub. L. 118–159, div. A, title II, § 214, Dec. 23, 2024, 138 Stat. 1824.) Editorial Notes AMENDMENTS 2024—Subsec. (f). Pub. L. 118–159 substituted ‘‘Sep- tember 30, 2035’’ for ‘‘September 30, 2025’’. 2021—Pub. L. 116–283, § 1842(b), as amended by Pub. L. 117–81, § 1701(q)(1), (u)(3)(B), renumbered section 2365 of this title as this section. 2019—Subsec. (a). Pub. L. 116–92, § 266(1), substituted ‘‘Under Secretary of Defense for Research and Engi- neering’’ for ‘‘Assistant Secretary of Defense for Re- search and Engineering’’. Subsec. (d)(1). Pub. L. 116–92, § 266(3), substituted ‘‘Under Secretary’’ for ‘‘Assistant Secretary’’. Subsec. (d)(2). Pub. L. 116–92, § 266(1), (3), substituted ‘‘Under Secretary of Defense for Research and Engi- neering’’ for ‘‘Assistant Secretary of Defense for Re- search and Engineering’’ and ‘‘Under Secretary’’ for ‘‘Assistant Secretary’’. Subsec. (d)(3)(A). Pub. L. 116–92, § 266(2), substituted ‘‘Under Secretary of Defense for Research and Engi- neering’’ for ‘‘Assistant Secretary’’. Subsec. (e). Pub. L. 116–92, § 266(2), substituted ‘‘Under Secretary of Defense for Research and Engineering’’ for ‘‘Assistant Secretary’’. 2015—Subsec. (b)(1), (2). Pub. L. 114–92, § 215(1), in- serted ‘‘and private sector persons’’ after ‘‘foreign na- tions’’. Subsec. (f). Pub. L. 114–92, § 215(2), substituted ‘‘Sep- tember 30, 2025’’ for ‘‘September 30, 2015’’. 2013—Subsec. (a). Pub. L. 112–239, § 1076(c)(2)(B)(i), in- serted ‘‘of Defense for Research and Engineering’’ after ‘‘The Assistant Secretary’’. Subsec. (d)(3)(A). Pub. L. 112–239, § 1076(c)(2)(B)(ii), substituted ‘‘Assistant Secretary’’ for ‘‘Director’’. 2011—Subsec. (a). Pub. L. 111–383, § 901(j)(3)(A), sub- stituted ‘‘Assistant Secretary’’ for ‘‘Director of Defense Research and Engineering’’. Subsec. (d)(1). Pub. L. 111–383, § 901(j)(3)(B), sub- stituted ‘‘Assistant Secretary’’ for ‘‘Director’’. Subsec. (d)(2). Pub. L. 111–383, § 901(j)(3)(C), sub- stituted ‘‘Assistant Secretary of Defense for Research and Engineering’’ for ‘‘Director of Defense Research and Engineering’’ and ‘‘Assistant Secretary may’’ for ‘‘Director may’’. Subsec. (e). Pub. L. 111–383, § 901(j)(3)(D), substituted ‘‘Assistant Secretary’’ for ‘‘Director’’. 2009—Subsec. (d)(3). Pub. L. 111–84, § 211(a), added par. (3). Subsec. (f). Pub. L. 111–84, § 211(b), substituted ‘‘2015’’ for ‘‘2011’’. 2006—Subsec. (f). Pub. L. 109–364 substituted ‘‘2011’’ for ‘‘2006’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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 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 Page 2647 TITLE 10—ARMED FORCES § 4067 Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title. § 4067. Technology protection features activities (a) ACTIVITIES.—The Secretary of Defense shall carry out activities to develop and incor- porate technology protection features in a des- ignated system to increase ally and partner military capability or improve coalition inter- operability. (b) COST-SHARING.—(1) Any contract for the de- sign or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the de- sign and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause. (2) Any contract for the design or development of an exportability feature of a system resulting from activities under subsection (a) for the pur- pose of enhancing or enabling the exportability of the system shall include a cost-sharing provi- sion that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appro- priate upon showing of good cause. (3) The Secretary may deem the portion of the costs of the contractor described in paragraph (1) or (2) with respect to a designated system or exportability feature as allowable independent research and development costs under the regu- lations issued under section 3762 of this title if— (A) in the case of a designated system, the designated system receives Milestone B ap- proval; and (B) the Secretary determines that doing so would further the purposes of this section. (c) DEFINITIONS.—In this section: (1) The term ‘‘designated system’’ means any system (including a major system, as defined in section 3041 of title 10, United States Code) that the Under Secretary of Defense for Acqui- sition and Sustainment designates for pur- poses of this section. (2) The term ‘‘independent research and de- velopment costs’’ has the meaning given the term in section 31.205-18 of title 48, Code of Federal Regulations. (3) The term ‘‘Milestone B approval’’ has the meaning given the term in section 4172(e)(7) of this title. (4) The term ‘‘technology protection fea- tures’’ means the technical modifications nec- essary to protect critical program informa- tion, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system. (Added Pub. L. 115–232, div. A, title II, § 223(a), Aug. 13, 2018, 132 Stat. 1682, § 2357; renumbered § 4067 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1841(c), 1842(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4243, 4244, 4294; Pub. L. 117–81, div. A, title VIII, § 831(a), title XVII, § 1701(u)(2)(D), (3)(B), Dec. 27, 2021, 135 Stat. 1832, 2151, 2152; Pub. L. 118–159, div. A, title II, § 215, Dec. 23, 2024, 138 Stat. 1824.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 215(a), substituted ‘‘to increase ally and partner military capability or im- prove coalition interoperability’’ for ‘‘during the re- search and development phase of such system’’. Subsec. (b)(2). Pub. L. 118–159, § 215(b)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 118–159, § 215(b)(1), (3)(A), (B), redesignated par. (2) as (3) and inserted ‘‘or (2)’’ after ‘‘paragraph (1)’’ and ‘‘or exportability feature’’ after ‘‘with respect to a designated system’’ in introductory provisions. Subsec. (b)(3)(A). Pub. L. 118–159, § 215(b)(3)(C), in- serted ‘‘in the case of a designated system,’’ before ‘‘the’’. 2021—Pub. L. 116–283, § 1842(b), as amended by Pub. L. 117–81, § 1701(u)(3)(B), renumbered section 2357 of this title as this section. Pub. L. 116–283, § 1841(c), which directed the renum- bering of section 2357 of this title as section 4009 in- stead of this section, was amended generally by Pub. L. 117–81, § 1701(u)(2)(D), effective as if included therein, so that such transfer was no longer directed. Subsec. (b). Pub. L. 117–81, § 831(a)(1), designated ex- isting provisions as par. (1) and added par. (2). Subsec. (b)(2). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 3762’’ for ‘‘section 2372’’ in introductory provi- sions. Subsec. (c)(1). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 3041’’ for ‘‘section 2302(5)’’. Subsec. (c)(2). Pub. L. 117–81, § 831(a)(2)(B), added par. (2). Former par. (2) redesignated (4). Subsec. (c)(3). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 4172(e)(7)’’ for ‘‘section 2366(e)(7)’’. Pub. L. 117–81, § 831(a)(2)(B), added par. (3). Subsec. (c)(4). Pub. L. 117–81, § 831(a)(2)(A), redesig- nated par. (2) as (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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 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. CONFORMING REGULATIONS Pub. L. 117–81, div. A, title VIII, § 831(b), Dec. 27, 2021, 135 Stat. 1832, provided that: ‘‘Not later than 120 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall revise the Depart- ment of Defense Supplement to the Federal Acquisition Regulation to conform with section 2357 of title 10, United States Code [now 10 U.S.C. 4067], as amended by subsection (a).’’ UPDATED GUIDANCE ON PLANNING FOR EXPORTABILITY FEATURES FOR FUTURE PROGRAMS Pub. L. 118–31, div. A, title VIII, § 810, Dec. 22, 2023, 137 Stat. 321, as amended by Pub. L. 118–159, div. A, title VIII, § 804(c)(5), Dec. 23, 2024, 138 Stat. 1969, provided that: