10 U.S.C. § 4125 — Functions of Defense research facilities

Page 2664 TITLE 10—ARMED FORCES § 4125 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. § 4125. Functions of Defense research facilities (a) FUNCTIONS OF DEFENSE RESEARCH FACILI- TIES.—The Secretary of Defense shall ensure, to the maximum extent practicable— (1) that Defense research facilities are as- signed broad mission requirements rather than specific hardware needs; (2) that appropriate personnel of such facili- ties are assigned to serve as consultants on component and support system standardiza- tion; (3) that the managers of such facilities have broad latitude to choose research and develop- ment projects based on awareness of activities throughout the technology domain, including within the Federal Government, the Depart- ment of Defense, public and private research institutions and universities, and the global commercial marketplace; (4) that technology position and issue papers prepared by Defense research facilities are readily available to all components of the De- partment of Defense and to contractors who submit bids or proposals for Department of Defense contracts; (5) that, in order to promote increased con- sideration of technological issues early in the development process, any technological as- sessment made by a Defense research facility shall be provided to the Defense Technical In- formation Center repository to support acqui- sition decisions; and (6) that, in light of Defense research facili- ties being funded by the public, Defense re- search facilities are broadly authorized and encouraged to support national technological development goals and support technological missions of other departments and agencies of the Federal Government, when such support is determined by the Secretary of Defense to be in the best interests of the Federal Govern- ment. (b) DEFINITIONS.—In this section, the term ‘‘Defense research facility’’ means a Department of Defense facility which performs or contracts for the performance of— (1) basic research; or (2) applied research known as exploratory development. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1843(b)(2), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), Dec. 27, 2021, 135 Stat. 2153.) CODIFICATION The text of subsecs. (b) and (c) of section 2364 of this title, which were transferred to this section and redes- ignated as subsecs. (a) and (b), respectively, by Pub. L. 116–283, § 1843(b)(2), was 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), 7(a)(9), Apr. 21, 1987, 101 Stat. 273, 278; Pub. L. 100–180, div. A, title XII, § 1231(10)(A), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 104–106, div. A, title VIII, § 805, Feb. 10, 1996, 110 Stat. 390; Pub. L. 113–291, div. A, title II, § 213, Dec. 19, 2014, 128 Stat. 3325; Pub. L. 114–92, div. A, title II, § 214(a)(2), Nov. 25, 2015, 129 Stat. 768; Pub. L. 116–283, div. A, title XVIII, § 1844(d), Jan. 1, 2021, 134 Stat. 4246; Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 2154. AMENDMENTS 2021—Subsecs. (a), (b). Pub. L. 116–283, § 1843(b)(2), as added by Pub. L. 117–81, § 1701(u)(4)(A), transferred sub- secs. (b) and (c) of section 2364 of this title to this sec- tion and redesignated them as subsecs. (a) and (b), re- spectively. 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 Ef- fective Date 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. SPECIFICATION OF CERTAIN DUTIES OF THE DEFENSE TECHNICAL INFORMATION CENTER Pub. L. 115–232, div. A, title IX, § 905, Aug. 13, 2018, 132 Stat. 1922, as amended by Pub. L. 116–283, div. A, title XVIII, § 1842(c)(2), Jan. 1, 2021, 134 Stat. 4244, provided that: ‘‘(a) IN GENERAL.—In addition to any other duties specified for the Defense Technical Information Center by law, regulation, or Department of Defense directive or instruction, the duties of the Center shall include the following: ‘‘(1) To execute the Global Research Watch Pro- gram under section 4066 of title 10, United States Code. ‘‘(2) To develop and maintain datasets and other data repositories on research and engineering activi- ties being conducted within the Department. ‘‘(b) ACTION PLAN.—Not later than 90 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a plan of action for the commencement by the Defense Technical Information Center of the duties specified in subsection (a).’’ COORDINATION OF HIGH-TEMPERATURE SUPERCONDUCTIVITY RESEARCH AND DEVELOPMENT Pub. L. 100–180, div. A, title II, § 218(b)(2), Dec. 4, 1987, 101 Stat. 1053, as amended by Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 103–160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided that: ‘‘The Secretary of Defense, acting through the Under Secretary of Defense for Acquisi- tion, Technology, and Logistics, shall— ‘‘(A) coordinate the research and development ac- tivities of the Department of Defense relating to high-temperature superconductivity; and ‘‘(B) ensure that such research and development— ‘‘(i) is carried out in coordination with the high- temperature superconductivity research and devel- opment activities of the Department of Energy (in- cluding the national laboratories of the Depart- ment of Energy), the National Science Foundation, the National Institute of Standards and Tech- nology, and the National Aeronautics and Space Administration; and ‘‘(ii) complements rather than duplicates such ac- tivities.’’ Page 2665 TITLE 10—ARMED FORCES § 4127 § 4126. Use of federally funded research and de- velopment centers (a) LIMITATION ON USE OF CENTERS.—Except as provided in subsection (b), the Secretary of De- fense may not place work with a federally fund- ed research and development center unless such work is within the purpose, mission, and general scope of effort of such center as established in the sponsoring agreement of the Department of Defense with such center. (b) EXCEPTION FOR APPLIED SCIENTIFIC RE- SEARCH.—This section does not apply to a feder- ally funded research and development center that performs applied scientific research under laboratory conditions. (c) LIMITATION ON CREATION OF NEW CENTERS.— (1) The head of an agency may not obligate or expend amounts appropriated to the Department of Defense for purposes of operating a federally funded research center that was not in existence before June 2, 1986, until— (A) the head of the agency submits to Con- gress a report with respect to such center that describes the purpose, mission, and general scope of effort of the center; and (B) a period of 60 days beginning on the date such report is received by Congress has elapsed. (2) In this subsection, the term ‘‘head of an agency’’ has the meaning given such term in section 3004 of this title. (d) IDENTIFICATION TO CONGRESS OF FFRDC WORKLOAD EFFORT.—After the close of a fiscal year, and not later than January 1 of the next year, the Secretary shall submit to the Com- mittee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Ap- propriations of the House of Representatives a report setting forth the actual obligations and the actual man-years of effort expended at each federally funded research and development cen- ter during that fiscal year. (Added Pub. L. 99–500, § 101(c) [title X, § 912(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–146, and Pub. L. 99–591, § 101(c) [title X, § 912(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–146, § 2367; Pub. L. 99–661, div. A, title IX, formerly title IV, § 912(a)(1), Nov. 14, 1986, 100 Stat. 3925, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 102–190, div. A, title II, § 256(a)(1), Dec. 5, 1991, 105 Stat. 1330; Pub. L. 104–106, div. A, title XV, § 1502(a)(9), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–314, div. A, title X, § 1041(a)(12), Dec. 2, 2002, 116 Stat. 2645; renumbered § 4126, 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; Pub. L. 116–283, div. A, title XVIII, §§ 1844(b)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4245, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 2154.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections. AMENDMENTS 2021—Pub. L. 116–283, § 1844(b)(1), which directed the renumbering of section 2367 of this title as section 4147 instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(5)(B), effective as if included therein, so that such renumbering was no longer directed. Pub. L. 116–283, § 1843(b)(1), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2367 of this title as this section. Subsec. (c)(2). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 3004’’ for ‘‘section 2302(1)’’. 2002—Subsec. (d). Pub. L. 107–314, § 1041(a)(12), struck out designations for pars. (1) and (2) and text of par. (1). Prior to amendment par. (1) read as follows: ‘‘In the documents provided to Congress by the Secretary of Defense in support of the budget submitted by the President under section 1105 of title 31 for any fiscal year, the Secretary shall set forth the proposed amount of the man-years of effort to be funded by the Depart- ment of Defense for each federally funded research and development center for the fiscal year covered by that budget.’’ 1999—Subsec. (d)(2). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (d)(2). Pub. L. 104–106 substituted ‘‘the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropria- tions of the’’ for ‘‘the Committees on Armed Services and the Committees on Appropriations of the Senate and’’. 1991—Subsec. (d). Pub. L. 102–190 added subsec. (d). 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. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–190, div. A, title II, § 256(a)(2), Dec. 5, 1991, 105 Stat. 1330, provided that: ‘‘(A) Paragraph (1) of subsection (d) of section 2367 of title 10, United States Code [now 10 U.S.C. 4126], as added by paragraph (1), shall take effect with respect to the budget submitted for fiscal year 1994. ‘‘(B) Paragraph (2) of such subsection shall take ef- fect with respect to fiscal year 1992.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. PILOT PROGRAM ON DISCLOSURE OF CERTAIN SENSITIVE INFORMATION TO FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS Pub. L. 114–328, div. A, title II, § 235, Dec. 23, 2016, 130 Stat. 2064, which authorized the Secretary of Defense to carry out a pilot program on disclosure of certain sen- sitive information to federally funded research and de- velopment centers of the Department of Defense, was repealed by Pub. L. 118–159, div. A, title VIII, § 811(a)(1)(E), Dec. 23, 2024, 138 Stat. 1979. § 4127. Defense Innovation Unit (a) ESTABLISHMENT.—There is established in the Department of Defense a Defense Innovation Unit (referred to in this section as the ‘‘Unit’’).