10 U.S.C. § 4014 — Coordination and communication of de-

Page 2619 TITLE 10—ARMED FORCES § 4014 (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engi- neering researchers at institutions of higher education in eligible States through collabora- tion between Department of Defense labora- tories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) ELIGIBLE STATES.—(1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all De- partment of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multi- plying 60 percent times the amount equal to 1/ 50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commit- ment to developing research bases in the State and to improving science and engineering re- search and education programs in areas rel- evant to the mission of the Department of De- fense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) be- cause the State exceeds the funding levels speci- fied under subparagraph (A) of such paragraph unless the State has exceeded such funding lev- els for at least two consecutive years. (e) COORDINATION WITH SIMILAR FEDERAL PRO- GRAMS.—(1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, develop- ment, and execution of the program and may co- ordinate the program with the Established Pro- gram to Stimulate Competitive Research con- ducted by the National Science Foundation and with similar programs sponsored by other de- partments and agencies of the Federal Govern- ment. (2) All solicitations under the Defense Estab- lished Program to Stimulate Competitive Re- search may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Es- tablished Program to Stimulate Competitive Research are relevant to the mission of the De- partment of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) STATE DEFINED.—In this section, the term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, Amer- ican Samoa, and the Commonwealth of the Northern Mariana Islands. (Added Pub. L. 117–81, div. A, title II, § 214(a), Dec. 27, 2021, 135 Stat. 1589.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–81, div. A, title II, § 214(d), Dec. 27, 2021, 135 Stat. 1591, provided that: ‘‘This section [enacting this section and repealing provisions set out as notes under section 2358 of this title] and the amendments and re- peals made by this section shall take effect imme- diately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thorn- berry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [Jan. 1, 2022].’’ § 4014. Coordination and communication of de- fense research activities and technology do- main awareness (a) COORDINATION OF DEPARTMENT OF DEFENSE RESEARCH, DEVELOPMENT, AND TECHNOLOGICAL DATA.—The Secretary of Defense shall promote, monitor, and evaluate programs for the commu- nication and exchange of research, development, and technological data— (1) among the Defense research facilities, combatant commands, and other organiza- tions that are involved in developing for the Department of Defense the technological re- quirements for new items for use by combat forces; (2) among Defense research facilities and other offices, agencies, and bureaus in the De- partment that are engaged in related techno- logical matters; (3) among other research facilities and other departments or agencies of the Federal Gov- ernment that are engaged in research, devel- opment, and technological matters; (4) among private commercial, research in- stitution, and university entities engaged in research, development, and technological mat- ters potentially relevant to defense on a vol- untary basis; (5) to the extent practicable, to achieve full awareness of scientific and technological ad- vancement and innovation wherever it may occur, whether funded by the Department of Defense, another element of the Federal Gov- ernment, or other entities; and (6) through development and distribution of clear technical communications to the public, military operators, acquisition organizations, and civilian and military decision-makers that convey successes of research and engineering activities supported by the Department and the contributions of such activities to support national needs. Page 2620 TITLE 10—ARMED FORCES [§ 4015 (b) DEFENSE RESEARCH FACILITY DEFINED.—In this section, the term ‘‘Defense research facil- ity’’ has the meaning given that term by section 4125(b) of this title. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1841(d), Jan. 1, 2021, 134 Stat. 4243; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(E), Dec. 27, 2021, 135 Stat. 2151; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(30), Dec. 22, 2023, 137 Stat. 685.) Editorial Notes CODIFICATION The section catchline and text of subsec. (a) of sec- tion 2364 of this title, which were transferred to this section by Pub. L. 116–283, § 1841(d)(1), were based on Pub. L. 99–661, div. A, title II, § 234(c)(1), Nov. 14, 1986, 100 Stat. 3848; Pub. L. 100–26, § 3(1)(A), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title XII, § 1231(10)(B), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 114–92, div. A, title II, § 214(a)(1), (3), Nov. 25, 2015, 129 Stat. 767, 768; Pub. L. 115–91, div. A, title X, § 1081(a)(34), Dec. 12, 2017, 131 Stat. 1596. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘section 4125(b) of this title’’ for ‘‘section 4142(b) of this title’’. 2021—Pub. L. 116–283, § 1841(d)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(E), transferred section catchline and subsec. (a) of section 2364 of this title to this sec- tion. Subsec. (b). Pub. L. 116–283, § 1841(d)(2), added subsec. (b). 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. EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. COLLABORATION BETWEEN DEFENSE LABORATORIES, INDUSTRY, AND ACADEMIA; OPEN CAMPUS PROGRAM Pub. L. 115–232, div. A, title II, § 222, Aug. 13, 2018, 132 Stat. 1682, provided that: ‘‘(a) COLLABORATION.—The Secretary of Defense may carry out activities to prioritize innovative collabora- tion between Department of Defense science and tech- nology reinvention laboratories, industry, and aca- demia. ‘‘(b) OPEN CAMPUS PROGRAM.—In carrying out sub- section (a), the Secretary, acting through the Com- mander of the Air Force Research Laboratory, the Commander of the Army Research, Development and Engineering Command, and the Chief of Naval Re- search, or such other officials of the Department as the Secretary considers appropriate, may develop and im- plement an open campus program for the Department science and technology reinvention laboratories which shall be modeled after the open campus program of the Army Research Laboratory.’’ [§ 4015. 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 section 2361 of this title to this section, to be- come effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(D), Dec. 27, 2021, 135 Stat. 2151, amended section 1841(c) of Pub. L. 116–283, ef- fective as if included therein, so as to eliminate that transfer, thereby omitting this section before it took effect. Another amendment by Pub. L. 117–81 resulted in the transfer of section 2361 to section 4141 of this title. SUBCHAPTER II—AGREEMENTS Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title XVIII, § 1841(c)(2), as added by Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(D), Dec. 27, 2021, 135 Stat. 2151, added sub- chapter heading. Heading was editorially conformed to the style used in this title. § 4021. Research projects: transactions other than contracts and grants (a) ADDITIONAL FORMS OF TRANSACTIONS AU- THORIZED.—The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addi- tion to the authority provided in section 4001 of this title to use contracts, cooperative agree- ments, and grants in carrying out such projects. (b) EXERCISE OF AUTHORITY BY SECRETARY OF DEFENSE.—In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or any other element of the Department of De- fense that the Secretary may designate. (c) ADVANCE PAYMENTS.—The authority pro- vided under subsection (a) may be exercised without regard to section 3324 of title 31. (d) RECOVERY OF FUNDS.—(1) A cooperative agreement for performance of basic, applied, or advanced research authorized by section 4001 of this title and a transaction authorized by sub- section (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condi- tion for receiving support under the agreement or other transaction. (2) The amount of any payment received by the Federal Government pursuant to a require- ment imposed under paragraph (1) may be cred- ited, to the extent authorized by the Secretary of Defense, to the appropriate account estab- lished under subsection (f). Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available. (e) CONDITIONS.—The Secretary of Defense shall ensure that— (1) to the maximum extent practicable, no cooperative agreement containing a clause under subsection (d) and no transaction en- tered into under subsection (a) provides for re- search that duplicates research being con- ducted under existing programs carried out by the Department of Defense; and