10 U.S.C. § 4128 — Untitled legal text

Page 2667 TITLE 10—ARMED FORCES § 4128 1 Another section 4128 is set out after this section. (B) Non-profit organizations that provide policy, research, outreach, operations, orga- nizational, management, testing, evalua- tion, 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 oper- ating 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 in- novation or external capital with minimal de- pendencies on fielded systems. (3) The term ‘‘nontraditional defense con- tractor’’ has the meaning given that term in section 3014 of this title. (Added Pub. L. 118–31, div. A, title IX, § 913(a)(1), Dec. 22, 2023, 137 Stat. 365; amended Pub. L. 118–159, div. A, title XVII, § 1701(a)(43), Dec. 23, 2024, 138 Stat. 2206.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 substituted ‘‘Defense Innovation Unit’’ for ‘‘Defense innovation unit’’ in section catch- line. Statutory Notes and Related Subsidiaries EFFECTIVE DATE; IMPLEMENTATION Section effective 180 days after Dec. 22, 2023, with ad- ditional implementation requirements, see section 913(b)(1), (2) of Pub. L. 118–31, set out as notes under section 1766 of this title. § 4128.1 Laboratory Quality Enhancement Pro- gram (a) PROGRAM REQUIRED.—(1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program under which the Secretary shall establish the panels described in sub- section (b) and direct such panels— (A) to review and make recommendations to the Secretary with respect to— (i) existing policies and practices affecting the science and technology reinvention lab- oratories to improve the mission effective- ness of such laboratories; (ii) new initiatives proposed by the science and technology reinvention laboratories; and (iii) new interpretations of existing provi- sions of law that would enhance the ability of a director of a science and technology re- invention laboratory to manage the labora- tory and discharge the mission of the labora- tory; (B) to support implementation of current and future initiatives affecting the science and technology reinvention laboratories; and (C) to conduct assessments or data analysis on the effectiveness of the authorities granted to the science and technology reinvention lab- oratories and such other issues as the Sec- retary determines to be appropriate. (2) The program carried out pursuant to para- graph (1) shall be known as the ‘‘Laboratory Quality Enhancement Program’’. (b) PANELS.—The panels described in this sub- section are the following: (1) A panel on personnel, workforce develop- ment, and talent management. (2) A panel on facilities, equipment, and in- frastructure. (3) A panel on research strategy, technology transfer, and industry and university partner- ships. (4) A panel on governance and oversight processes. (c) COMPOSITION OF PANELS.—(1) Each panel de- scribed in paragraphs (1) through (3) of sub- section (b) may be composed of subject matter and technical management experts from— (A) laboratories and research centers of the Army, Navy, and Air Force; (B) appropriate Defense Agencies; (C) the Office of the Under Secretary of De- fense for Research and Engineering; and (D) such other entities as the Secretary de- termines to be appropriate. (2) The panel described in subsection (b)(4) shall be composed of— (A) at least one member from each of the science and technology reinvention labora- tories; and (B) such other members as the Secretary de- termines to be appropriate. (d) GOVERNANCE OF PANELS.—(1) The chair- person of each panel established pursuant to subsection (a) shall be selected by the members of the respective panel. (2) Each panel, in coordination with the Under Secretary of Defense for Research and Engineer- ing, shall transmit to the Science and Tech- nology Executive Committee of the Department of Defense such information or findings on top- ics requiring decision or approval as the panel considers appropriate. (e) INTERPRETATION OF PROVISIONS OF LAW.—(1) The Under Secretary of Defense for Research and Engineering, acting under the guidance of the Secretary, shall issue regulations regarding the meaning, scope, implementation, and appli- cability of any provision of a statute relating to a science and technology reinvention labora- tory. (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 sec- retaries of the military departments and such other agencies or entities as the Under Sec- retary considers relevant on any proposed revi- sion to regulations under paragraph (1). Page 2668 TITLE 10—ARMED FORCES § 4128 1 Another section 4128 is set out preceding this section. (4) In interpreting or defining under paragraph (1), the Under Secretary shall seek recommenda- tions from the panel described in subsection (b)(4). (f) SCIENCE AND TECHNOLOGY REINVENTION LAB- ORATORY DEFINED.—In this section, the term ‘‘science and technology reinvention labora- tory’’ means a Department of Defense labora- tory designated as a Department of Defense science and technology reinvention laboratory under section 4121 of this title. (Added Pub. L. 118–159, div. A, title II, § 217(a), Dec. 23, 2024, 138 Stat. 1825.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 114–328, div. A, title II, § 211, Dec. 23, 2016, 130 Stat. 2046, as amended by Pub. L. 115–91, div. A, title II, § 218(a), (b)(1), Dec. 12, 2017, 131 Stat. 1329, 1330; Pub. L. 117–81, div. A, title II, § 215(d)(6), Dec. 27, 2021, 135 Stat. 1594, which was set out in a note pre- ceding section 4121 of this title, prior to repeal by Pub. L. 118–159, div. A, title II, § 217(b), Dec. 23, 2024, 138 Stat. 1827. § 4128.1 Joint Federated Assurance Center (a) ESTABLISHMENT.—There is in the Office of the Under Secretary of Defense for Research and Engineering a Joint Federated Assurance Center (referred to in this section as the ‘‘Center’’). (b) PURPOSE.—The purpose of the Center shall be to serve as a joint, Department-wide federa- tion of organizations and capabilities to support the assurance needs of the Department of De- fense by ensuring, pursuant to policies related to hardware and software assurance and supply chain risk management, that the software and hardware developed, acquired, maintained, and used by the Department are free from inten- tional and unintentional vulnerability during the life-cycle of development and deployment of assured, trustworthy defense systems. (c) GOVERNANCE.— (1) The Center shall be governed by an Exec- utive Steering Group. The Executive Steering Group shall continually evaluate the Center’s capabilities to support the hardware and soft- ware assurance needs of the Department. (2) The Executive Steering Group shall be composed of one or more representatives from each of the organizations that comprise the Center. (3) The Under Secretary of Defense for Re- search and Engineering and the Under Sec- retary of Defense for Acquisition and Sustainment shall serve as co-Chairpersons of the Executive Steering Group. (d) DUTIES.—The duties of the Center are as follows: (1) Providing knowledge management capa- bilities for hardware and software assurance for the Department. (2) Providing Department-wide visibility on strategy, use cases, procurement, investment, and other relevant activities to aggregate, to the extent practicable, assurance tool pur- chases by the Department. (3) Developing and standardizing policies, procedures, competencies, risk assessment methodologies, and independent validation and verification test capabilities— (A) to support timely and cost-effective fielding of current and future technologies to the Department; (B) to ensure sustainment of enduring ca- pability needs across the life-cycle of De- partment of Defense programs and deter- mine the sustainment factors related to the assurance of future hardware and software systems; (C) to increase efficiencies across Depart- ment of Defense programs through the use of emerging assurance technologies; and (D) to leverage economies of scale through coordinated acquisition and use of hardware and software assurance technologies. (4) Promoting assurance capabilities for hardware and software assurance— (A) to mature assessment criteria and en- able scalable deployment of commercial best practices, such as through the fostering and maturation of evidence-based assurance of trusted defense microelectronics system needs, with emphasis on commercial secu- rity protocols that are transferable to de- fense applications; (B) to scale the Center for Department- wide access, through the resourcing of ade- quate personnel to address standardization and automation of data collection and anal- ysis; (C) to utilize data from commercial assur- ance processes to support the development of Department hardware and software that meet standards, applications, and require- ments, including through comparative anal- ysis and data modeling; (D) to seek and apply commercial best practices, where practicable, through indus- try collaboration; and (E) to develop and align Department pol- icy, investments, and activities with com- mercial best practices, to the extent prac- ticable. (5) For contracts for application-specific in- tegrated circuits designed by defense indus- trial base contractors, develop guidance for— (A) the consideration of evidence-based as- surance processes and techniques that are included in the contract data requirements list, to the extent practicable; (B) the use of commercial best practices, as applicable, for confidentiality, integrity and availability; and (C) the development of a library of cer- tified third-party intellectual property for reuse, including streamlining legal mecha- nisms for data collection and sharing, and enhanced use of automation technology to achieve efficiency. (6) The assessment, creation, prototyping, maturation, and maintenance of relevant as- surance practices, including the validation and maturation of evidence based assurance methods, for the development, procurement, and deployment of hardware and software as- surance tools and processes, including—