10 U.S.C. § 4123 — Mechanisms to provide funds for defense

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 mechanisms established under para- graph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the di- rector 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 labora- tories of other military departments. (4) After consultation with the science and technology executive of the military depart- ment concerned, the director of a defense lab- oratory 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 INFRASTRUC- TURE PROJECTS.—Funds shall be available in ac- cordance 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, with re- spect to revitalization and recapitalization projects; and (B) section 2811 of this title, with respect to repair projects. (c) RELEASE AND DISSEMINATION OF INFORMA- TION ON CONTRIBUTIONS FROM USE OF AUTHORITY TO MILITARY MISSIONS.— (1) COLLECTION OF INFORMATION.—The Sec- retary shall establish and maintain mecha- nisms for the continuous collection of infor- mation on achievements, best practices identi- fied, 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 pub- lic of information on achievements and best practices described in paragraph (1) in un- classified form. (B) Mechanisms for dissemination to ap- propriate civilian and military officials of information on achievements and best prac- tices described in paragraph (1) in classified form. (Added Pub. L. 115–91, div. A, title II, § 220(a), Dec. 12, 2017, 131 Stat. 1332, § 2363; amended Pub. L. 115–232, div. A, title II, § 250, Aug. 13, 2018, 132 Stat. 1702; renumbered § 4123, Pub. L. 116–283, div. A, title XVIII, § 1843(b)(1), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), Dec. 27, 2021, 135 Stat. 2153.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1843(b)(1), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2363 of this title as this section. A former section 1843(b)(1) of Pub. L. 116–283, which directed the renumbering of section 2363 of this title as section 4103 instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(4)(A), effective as if included therein, so that such renumbering was no longer directed. 2018—Subsec. (c). Pub. L. 115–232 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to annual reports on the use of the authority under sub- sec. (a). 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. § 4124. Centers for Science, Technology, and En- gineering Partnership (a) DESIGNATION.—(1) The Secretary of De- fense, in coordination with the Secretaries of the military departments, shall designate each science and technology reinvention laboratory as a Center for Science, Technology, and Engi- neering Partnership (in this section referred to