10 U.S.C. § 4027 — Disclosure requirements for recipients of

Page 2633 TITLE 10—ARMED FORCES § 4027 Nov. 18, 1997, 111 Stat. 1903; renumbered § 4026 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1841(b)(1), 1844(b)(1), Jan. 1, 2021, 134 Stat. 4243, 4245; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B), (5)(B), Dec. 27, 2021, 135 Stat. 2151, 2154.) Editorial Notes CODIFICATION The text of section 2371(i) of this title, which was transferred to this section, redesignated as text of sec- tion, and amended by Pub. L. 104–201, § 267(c)(1)(A), (B), was based on Pub. L. 103–355, title I, § 1301(b), Oct. 13, 1994, 108 Stat. 3286. AMENDMENTS 2021—Pub. L. 116–283, § 1844(b)(1), which directed the renumbering of section 2371a of this title as section 4143 instead of this section, was repealed, and a new section 1844(b) was enacted, by Pub. L. 117–81, § 1701(u)(5)(D), ef- fective as if included therein, so that such renumbering was no longer directed. Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2371a of this title as this section. 1997—Pub. L. 105–85 inserted ‘‘Defense’’ before ‘‘Ad- vanced Research Projects Agency’’. 1996—Pub. L. 104–201 transferred section 2371(i) of this title to this section, added section catchline, and struck out subsec. (i) designation and heading which read as follows: ‘‘Cooperative Research and Develop- ment Agreements Under Stevenson-Wydler Technology Innovation Act of 1980’’. See Codification note above. 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. § 4027. Disclosure requirements for recipients of research and development funds (a) IN GENERAL.—Except as provided in sub- sections (b) and (c), an individual or entity (in- cluding a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities. (b) EXCEPTION.—The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 char- acters. (c) WAIVER.—The Secretary of Defense may waive the disclosure requirement under sub- section (a) on a case-by-case basis. (d) PUBLIC DOCUMENT DEFINED.—In this sec- tion, the term ‘‘public document’’ means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format. (Added Pub. L. 116–283, div. A, title II, § 212(a)(1), Jan. 1, 2021, 134 Stat. 3456, § 2374b; renumbered § 4027, Pub. L. 117–81, div. A, title XVII, § 1701(e)(4)(A), Dec. 27, 2021, 135 Stat. 2139.) Editorial Notes PRIOR PROVISIONS A prior section 4027 was renumbered section 7377 of this title. AMENDMENTS 2021—Pub. L. 117–81 renumbered section 2374b of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–263, div. A, title VIII, § 881(a), Dec. 23, 2022, 136 Stat. 2744, provided that: ‘‘The amendments made by section 1701(e) and paragraphs (1) and (2) of section 802(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) [renumbering this section and sections 4094, 4873, 4875, and 8755 of this title] shall be deemed to have taken effect immediately before the amendments made by section 1881 of the Wil- liam M. (Mac) Thornberry National Defense Authoriza- tion Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4293) [see Tables for classification].’’ [Subsec. (a) of section 1881 of Pub. L. 116–283, referred to in section 881(a) of Pub. L. 117–263, set out above, provided in part that chapter 139 of this title, in which chapter section 2374b of this title had been located, was repealed.] EFFECTIVE DATE Pub. L. 116–283, div. A, title II, § 212(b), Jan. 1, 2021, 134 Stat. 3456, provided that: ‘‘The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 2021, and shall apply with respect to funds for research and development that are awarded by the Department of Defense on or after that date.’’ TREATMENT OF SECTION 4027 REQUIREMENTS Pub. L. 117–263, div. A, title VIII, § 881(b), Dec. 23, 2022, 136 Stat. 2744, provided that: ‘‘An individual or entity to which the requirements under section 4027 of title 10, United States Code, were applicable during the period beginning on January 1, 2022, and ending on the date of the enactment of this Act [Dec. 23, 2022] pursuant to subsection (a) [set out as an Effective Date of 2021 Amendment note above] shall be deemed to have com- plied with such requirements during such period.’’ Page 2634 TITLE 10—ARMED FORCES § 4027 1 So in original. Two sections 4128 have been enacted. CHAPTER 303—RESEARCH AND ENGINEERING ACTIVITIES SUBCHAPTER I—GENERAL Sec. 4061. Defense Research and Development Rapid In- novation Program. 4062. Defense Acquisition Challenge Program. 4063. [Reserved]. 4064. [Reserved]. 4065. [Reserved]. 4066. Global Research Watch Program. 4067. Technology protection features activities. SUBCHAPTER II—PERSONNEL 4091. Authorities for certain positions at science and technology reinvention laboratories. 4092. Personnel management authority to attract experts in science, engineering, and certain other disciplines. 4093. Science, Mathematics, and Research for Transformation (SMART) Defense Edu- cation Program. 4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories. SUBCHAPTER III—RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES 4121. Science and technology reinvention labora- tories: authority and designation. 4122. [Reserved]. 4123. Mechanisms to provide funds for defense lab- oratories for research and development of technologies for military missions. 4124. Centers for Science, Technology, and Engi- neering Partnership. 4125. Functions of Defense research facilities. 4126. Use of federally funded research and develop- ment centers. 4127. Defense Innovation Unit. 4128.1 Laboratory Quality Enhancement Program. 4128.1 Joint Federated Assurance Center. Editorial Notes PRIOR PROVISIONS A prior chapter 303 ‘‘WEAPON SYSTEMS DEVELOP- MENT AND RELATED MATTERS’’, consisting of re- served section 4071, was repealed by Pub. L. 116–283, div. A, title XVIII, § 1841(a)(1)(A), Jan. 1, 2021, 134 Stat. 4242. A prior chapter 303 was renumbered chapter 703 of this title. AMENDMENTS 2024—Pub. L. 118–159, div. A, title II, §§ 216(1), 217(a), title IX, § 922(a), title XVII, § 1701(a)(43), Dec. 23, 2024, 138 Stat. 1825, 2037, 2206, substituted ‘‘science, engineer- ing, and certain other disciplines’’ for ‘‘science and en- gineering’’ in item 4092 and ‘‘Defense Innovation Unit’’ for ‘‘Defense innovation unit’’ in item 4127 and added two items 4128. Amendments were made pursuant to op- eration of section 102 of this title. 2023—Pub. L. 118–31, div. A, title IX, § 913(a)(1), title XVIII, § 1801(a)(32), Dec. 22, 2023, 137 Stat. 365, 685, struck out identical second item 4094 ‘‘Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories’’ and added item 4127. Amendments were made pursuant to section 102 of this title. 2022—Pub. L. 117–263, div. A, title XI, § 1106(b), Dec. 23, 2022, 136 Stat. 2818, added identical second item 4094 ‘‘Enhanced pay authority for certain research and tech- nology positions in science and technology reinvention laboratories’’ after item 4093. 2021—Pub. L. 117–81, div. A, title II, § 215(b), title XVII, § 1701(e)(3)(B), Dec. 27, 2021, 135 Stat. 1593, 2138, added items 4094 ‘‘Enhanced pay authority for certain research and technology positions in science and tech- nology reinvention laboratories’’ and 4121 and struck out former item 4121 ‘‘[Reserved]’’, effective after the amendment made by Pub. L. 116–283, as amended by Pub. L. 117–81, see note below. Pub. L. 117–81, div. A, title XVII, § 1701(u)(3)(A), Dec. 27, 2021, 135 Stat. 2152, amended Pub. L. 116–283, div. A, title XVIII, § 1842(a), Jan. 1, 2021, 134 Stat. 4244, which added this analysis, by substituting chapter heading, items for subchapters I to III, and items 4061 to 4067, 4091 to 4093, and 4121 to 4126 for former chapter heading ‘‘INNOVATION’’ and items 4061 to 4066.