10 U.S.C. § 4007 — Science and technology programs to be

Page 2617 TITLE 10—ARMED FORCES § 4007 information on the use and benefits of the au- thority under this section and related impacts on performance, affordability, and capability de- livery. (Added Pub. L. 115–91, div. A, title VIII, § 861(a)(1), Dec. 12, 2017, 131 Stat. 1493, § 2302e; re- numbered § 4004 and amended Pub. L. 116–283, div. A, title VIII, § 831(a), title XVIII, §§ 1818(c), 1841(b)(1), Jan. 1, 2021, 134 Stat. 3753, 4243; Pub. L. 116–283, div. A, title XVIII, § 1841(b)(2)(D), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(F)(i)(V), Dec. 27, 2021, 135 Stat. 2152; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B), (v)(1)(A), Dec. 27, 2021, 135 Stat. 2151, 2154.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2302e of this title as this section. Pub. L. 116–283, § 1818(c), which directed the renum- bering of section 2302e of this title as section 3345 in- stead of this section and the substitution of ‘‘section 3012(2)’’ for ‘‘section 2302(2)(B)’’ in subsec. (a), was re- pealed by Pub. L. 117–81, § 1701(v)(1)(A), effective as if included therein, so that such renumbering and substi- tution were no longer directed. Pub. L. 116–283, § 831(a)(1), substituted ‘‘development and demonstration’’ for ‘‘advanced development’’ in section catchline. Subsec. (a). Pub. L. 116–283, § 1841(b)(2)(D), as added by Pub. L. 117–81, § 1701(u)(2)(F)(i)(V), substituted ‘‘section 3012(2)’’ for ‘‘section 2302(2)(B)’’ in introductory provi- sions. Subsec. (a)(1). Pub. L. 116–283, § 831(a)(2), substituted ‘‘development and demonstration’’ for ‘‘provision of ad- vanced component development, prototype,’’. Subsec. (c). Pub. L. 116–283, § 831(a)(3), added subsec. (c). 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 section 1818(c) of Pub. L. 116–283 effec- tive 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 pre- ceding section 3001 of this title. § 4007. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of re- search, development, test, and evaluation (a) POLICY.—Each official specified in sub- section (b) shall ensure that the management and conduct of the science and technology pro- grams under the authority of that official are carried out in a manner that will foster the transition of science and technology to higher levels of research, development, test, and eval- uation. (b) COVERED OFFICIALS.—Subsection (a) applies to the following officials of the Department of Defense: (1) The Under Secretary of Defense for Re- search and Engineering. (2) The Secretary of each military depart- ment. (3) The Director of the Defense Advanced Re- search Projects Agency. (4) The directors and heads of other offices and agencies of the Department of Defense with assigned research, development, test, and evaluation responsibilities. (Added Pub. L. 106–398, § 1 [[div. A], title IX, § 904(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–225, § 2359; amended Pub. L. 116–92, div. A, title IX, § 902(55), Dec. 20, 2019, 133 Stat. 1549; renumbered § 4007, Pub. L. 116–283, div. A, title XVIII, § 1841(b)(1), (c), Jan. 1, 2021, 134 Stat. 4243; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B), (D), Dec. 27, 2021, 135 Stat. 2151.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1841(c), which directed the re- numbering of section 2359 of this title as this section, was amended generally by Pub. L. 117–81, § 1701(u)(2)(D), effective as if included therein, so that such renum- bering was no longer directed. Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2359 of this title as this section. 2019—Subsec. (b)(1). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Research and Engineering’’ for ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’. 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. PILOT PROGRAM ON THE USE OF PRIVATE SECTOR PARTNERSHIPS TO PROMOTE TECHNOLOGY TRANSITION Pub. L. 117–81, div. A, title II, § 231, Dec. 27, 2021, 135 Stat. 1612, provided that: ‘‘(a) IN GENERAL.—Consistent with section 2359 of title 10, United States Code [now 10 U.S.C. 4007], the Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology pro- grams, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases into acquisition activities and oper- ational use. Under the pilot program, the Secretary shall seek to enter into agreements with qualified pri- vate sector organizations to support— ‘‘(1) matching technology developers with pro- grams, projects, and activities of the Department that may have a use for the technology developed by such developers; ‘‘(2) providing technical assistance to appropriate parties on participating in the procurement programs and acquisition processes of the Department, includ- ing training and consulting on programming, budg- eting, contracting, requirements, and other relevant processes and activities; and ‘‘(3) overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information. ‘‘(b) PRIORITY.—In carrying out the activities de- scribed in paragraphs (1) through (3) of subsection (a), a qualified private sector organization shall give pri- Page 2618 TITLE 10—ARMED FORCES [§§ 4008, 4009 ority to technology producers that are small business concerns (as defined under section 3 of the Small Busi- ness Act (15 U.S.C. 632)), research institutions (as de- fined in section 9(e) of such Act [15 U.S.C. 638(e)]), or in- stitutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)). ‘‘(c) TERMS OF AGREEMENTS.—The terms of an agree- ment under subsection (a) shall be determined by the Secretary of Defense. ‘‘(d) DATA COLLECTION.— ‘‘(1) PLAN REQUIRED BEFORE IMPLEMENTATION.—The Secretary of Defense may not enter into an agree- ment under subsection (a) until the date on which the Secretary— ‘‘(A) completes a plan to for carrying out the data collection required under paragraph (2); and ‘‘(B) submits the plan to the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]. ‘‘(2) DATA COLLECTION REQUIRED.—The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of— ‘‘(A) developing and sharing best practices for fa- cilitating the transition of science and technology from the research, development, pilot, and proto- typing phases into acquisition activities and oper- ational use within the Department of Defense; ‘‘(B) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and ‘‘(C) providing information to the congressional defense committees as required under subsection (e). ‘‘(e) BRIEFING.—Not later than December 31, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues. ‘‘(f) CONSULTATION.—In carrying out the pilot pro- gram under this section, the Secretary of Defense shall consult with— ‘‘(1) service acquisition executives (as defined in section 101 of title 10, United States Code); ‘‘(2) the heads of appropriate Defense Agencies and Department of Defense Field Activities; ‘‘(3) procurement technical assistance centers (as described in chapter 142 [see 10 U.S.C. 4951 et seq.] of title 10, United States Code); and ‘‘(4) such other individuals and organizations as the Secretary determines appropriate. ‘‘(g) TERMINATION.—The pilot program under this sec- tion shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified private sector organi- zation under subsection (a). ‘‘(h) COMPTROLLER GENERAL ASSESSMENT AND RE- PORT.— ‘‘(1) ASSESSMENT.—The Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to— ‘‘(A) facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of De- fense; and ‘‘(B) protecting sensitive information in the course of the pilot program. ‘‘(2) REPORT.—Not later than the date specified in paragraph (3), the Comptroller General shall submit to the congressional defense committees a report on the results of the assessment conducted under para- graph (1). ‘‘(3) DATE SPECIFIED.—The date specified in this paragraph is the earlier of— ‘‘(A) four years after the date on which the Sec- retary of Defense enters into the first agreement with a qualified private sector organization under subsection (a): or ‘‘(B) five years after the date of the enactment of this Act [Dec. 27, 2021].’’ PROOF OF CONCEPT COMMERCIALIZATION OF DUAL-USE TECHNOLOGY PILOT PROGRAM Pub. L. 113–66, div. A, title XVI, § 1603, Dec. 26, 2013, 127 Stat. 944, as amended by Pub. L. 113–291, div. A, title VIII, § 818, Dec. 19, 2014, 128 Stat. 3432; Pub. L. 116–92, div. A, title II, § 217, Dec. 20, 2019, 133 Stat. 1258, author- ized the establishment and implementation of the Proof of Concept Commercialization of Dual-Use Tech- nology Pilot Program with the purpose of accelerating commercialization of basic research innovations from certain institutions and provided that the program shall terminate on Sept. 30, 2024. [§§ 4008, 4009. Omitted] Editorial Notes CODIFICATION As enacted, Pub. L. 116–283, div. A, title XVIII, § 1841(c), Jan. 1, 2021, 134 Stat. 4243, originally trans- ferred sections 2374 and 2357 of this title to sections 4008 and 4009, respectively, to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(D), Dec. 27, 2021, 135 Stat. 2151, amended sec- tion 1841(c) of Pub. L. 116–283, effective 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 resulted in transfers of sections 2374 and 2357 to sections 4024 and 4067 of this title, respectively. Pub. L. 117–81, div. A, title XVII, § 1701(d)(7), Dec. 27, 2021, 135 Stat. 2136, which directed amendment of sec- tion 4008 of this title by substituting ‘‘section 3063’’ for ‘‘section 2303(a)’’ in subsecs. (a) and (d), effective after the amendments by title XVIII of Pub. L. 116–283 took effect, could not be executed after the amendment by section 1701(u)(2)(D) of Pub. L. 117–81, which eliminated the transfer of section 2374 of this title to section 4008, effective as if included in title XVIII of Pub. L. 116–283. § 4010. Defense Established Program to Stimulate Competitive Research (a) PROGRAM REQUIRED.—The Secretary of De- fense, acting through the Under Secretary of De- fense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) PROGRAM OBJECTIVES.—The objectives of the program are as follows: (1) To increase the number of university re- searchers in eligible States capable of per- forming science and engineering research re- sponsive to the needs of the Department of De- fense. (2) To enhance the capabilities of institu- tions of higher education in eligible States to develop, plan, and execute science and engi- neering research that is relevant to the mis- sion of the Department of Defense and com- petitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher edu- cation in eligible States receive from the Fed- eral Government for science and engineering research. (c) PROGRAM ACTIVITIES.—In order to achieve the program objectives, the following activities are authorized under the program: