10 U.S.C. § 4121 — Science and technology reinvention lab-

Page 2659 TITLE 10—ARMED FORCES § 4121 Secretary of Defense for Research and Engi- neering, in concurrence with the Secretaries of the military departments concerned, au- thorizes the transfer of positions from one military department to another. (3) TERM OF POSITIONS.—The authority in subsection (a) may be used only for positions having a term of less than five years. (f) SCIENCE AND TECHNOLOGY REINVENTION LAB- ORATORIES OF THE DEPARTMENT OF DEFENSE DE- FINED.—In this section, the term ‘‘science and technology reinvention laboratories of the De- partment of Defense’’ means the laboratories designated as science and technology reinven- tion laboratories by section 4121(b) of this title. (Added Pub. L. 117–263, div. A, title XI, § 1106(a), Dec. 23, 2022, 136 Stat. 2817.) Editorial Notes CODIFICATION Another section 4094, added Pub. L. 116–283, div. A, title XI, § 1115(a), Jan. 1, 2021, 134 Stat. 3895, § 2358c; re- numbered § 4094 and amended Pub. L. 117–81, div. A, title II, § 215(d)(14), title XVII, § 1701(e)(3)(A), Dec. 27, 2021, 135 Stat. 1595, 2138, which related to enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories and was substantially identical to this section, was re- pealed by Pub. L. 118–31, div. A, title XVIII, § 1801(a)(32), Dec. 22, 2023, 137 Stat. 685. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–263, div. A, title XI, § 1106(c), Dec. 23, 2022, 136 Stat. 2818, provided that: ‘‘This section [enacting this section] shall take effect immediately after sec- tion 881 of this Act [section 881(a) and (b) of Pub. L. 117–263, set out as notes under section 4027 of this title].’’ SUBCHAPTER III—RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES Editorial Notes AMENDMENTS 2021—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 chapter, by adding subchapter head- ing. Heading was editorially conformed to the style used in this title. Statutory Notes and Related Subsidiaries LABORATORY QUALITY ENHANCEMENT PROGRAM 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 authorized the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, to carry out Laboratory Quality En- hancement Program establishing panels, was repealed by Pub. L. 118–159, div. A, title II, § 217(b), Dec. 23, 2024, 138 Stat. 1827. See section 4128 of this title. DEFENSE LABORATORY MODERNIZATION PILOT PROGRAM Pub. L. 114–92, div. B, title XXVIII, § 2803, Nov. 25, 2015, 129 Stat. 1169, as amended by Pub. L. 114–328, div. B, title XXVIII, § 2806, Dec. 23, 2016, 130 Stat. 2715; Pub. L. 115–232, div. B, title XXVIII, § 2808(a)–(c), Aug. 13, 2018, 132 Stat. 2265, 2266; Pub. L. 117–81, div. A, title II, § 215(d)(4), Dec. 27, 2021, 135 Stat. 1594, which authorized using amounts appropriated or otherwise made avail- able to the Department of Defense for research, devel- opment, test, and evaluation, to fund certain military construction projects, was repealed by Pub. L. 117–263, div. B, title XXVIII, § 2803(c), Dec. 23, 2022, 136 Stat. 2994. See section 2805(g) of this title. § 4121. Science and technology reinvention lab- oratories: authority and designation (a) IN GENERAL.—(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories des- ignated by the Secretary as Department of De- fense science and technology reinvention labora- tories. (2)(A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the dem- onstration project that is authorized by section 6 of the Civil Service Miscellaneous Amend- ments Act of 1983 (Public Law 98–224) to be con- tinued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Sys- tems Center, San Diego, California. (3) If the Secretary carries out a demonstra- tion project at a laboratory pursuant to para- graph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the au- thority which is provided in such section 4703; and (C) the Secretary shall exercise the authori- ties granted to the Office of Personnel Man- agement under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and tech- nology reinvention laboratories to review, re- search, and adjudicate personnel demonstra- tion project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any con- straint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the labora- tory subject to the supervision of the Under Sec- retary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary sched- ules and other related benefits. (b) DESIGNATION OF LABORATORIES.—Each of the following is hereby designated as a Depart- ment of Defense science and technology reinven- tion laboratory as described in subsection (a): Page 2660 TITLE 10—ARMED FORCES § 4121 (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Be- havioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communica- tions, Computers, Cyber, Intelligence, Surveil- lance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command War- fare Centers. (15) The Naval Facilities Engineering Com- mand Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command War- fare Centers. (20) The Office of Naval Research. (c) CONVERSION PROCEDURES.—The Secretary of Defense shall implement procedures to con- vert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in sub- section (a)). Any conversion under this sub- section— (1) shall not adversely affect any employee with respect to pay or any other term or con- dition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employ- ees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) LIMITATION.—The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any per- sonnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior con- gressional authorization. (Added Pub. L. 117–81, div. A, title II, § 215(a), Dec. 27, 2021, 135 Stat. 1591.) Editorial Notes REFERENCES IN TEXT Section 6 of the Civil Service Miscellaneous Amend- ments Act of 1983, referred to in subsec. (a)(2)(B), is sec- tion 6 of Pub. L. 98–224, Mar. 2, 1984, 98 Stat. 49, which is not classified to the Code. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective immediately after the effective date of the amendments made by title XVIII of Pub. L. 116–283 (Jan. 1, 2022), see section 215(e) of Pub. L. 117–81, set out as an Effective Date of 2021 Amendment note under section 4091 of this title. DEFENSE LABORATORIES PERSONNEL DEMONSTRATION PROJECTS Pub. L. 110–181, div. A, title XI, § 1107, Jan. 28, 2008, 122 Stat. 357, as amended by Pub. L. 110–417, [div. A], title XI, § 1109, Oct. 14, 2008, 122 Stat. 4618; Pub. L. 111–84, div. A, title X, § 1073(d), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 111–383, div. A, title XI, § 1101(b), Jan. 7, 2011, 124 Stat. 4382; Pub. L. 112–81, div. A, title X, § 1066(b)(2), Dec. 31, 2011, 125 Stat. 1588; Pub. L. 117–81, div. A, title II, § 215(d)(2), Dec. 27, 2021, 135 Stat. 1593, provided that: ‘‘(e) [sic] REQUIREMENT.—The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4121 of title 10, United States Code, to carry out personnel management demonstra- tion projects at Department of Defense laboratories designated by subsection (b) of such section as Depart- ment of Defense science and technology reinvention laboratories. ‘‘(b) PROCESS FOR FULL IMPLEMENTATION.—The Sec- retary of Defense shall also implement a process and implementation plan to fully utilize the authorities de- scribed in subsection (a) to enhance the performance of the missions of the laboratories. ‘‘(c) OTHER LABORATORIES.—Any flexibility available to any demonstration laboratory shall be available for use at any other laboratory designated by section 4121(b) of title 10, United States Code[,] as a Depart- ment of Defense science and technology reinvention laboratory. ‘‘(d) SUBMISSION OF LIST AND DESCRIPTION.—Not later than March 1 of each year, the Secretary of Defense shall submit to Congress a report containing a list and description of the demonstration project notices, amendments, and changes requested by the labora- tories during the preceding calendar year. The list shall include all approved and disapproved notices, amend- ments, and changes, and the reasons for disapproval or delay in approval. ‘‘(e) STATUS REPORTS.— ‘‘(1) IN GENERAL.—The Secretary shall include in each report under subsection (d) the information de- scribed in paragraph (2). ‘‘(2) INFORMATION REQUIRED.—Each report under subsection (d) shall describe the following: ‘‘(A) The actions taken by the Secretary of De- fense under subsection (a) during the year covered by the report. ‘‘(B) The progress made by the Secretary of De- fense during such year in developing and imple- menting the plan required by subsection (b), includ- ing the anticipated date for completion of such plan and a list and description of any issues relating to the development or implementation of such plan. ‘‘(C) With respect to any applications by any De- partment of Defense laboratories seeking to be des- ignated as a demonstration laboratory or to other- wise obtain any of the personnel flexibilities avail- able to a demonstration laboratory— ‘‘(i) the number of applications that were re- ceived, pending, or acted on during such year; ‘‘(ii) the status or disposition of any applica- tions under clause (i), including, in the case of any application on which a final decision was ren- dered, the laboratory involved, what the labora- tory had requested, the decision reached, and the reasons for the decision; and Page 2661 TITLE 10—ARMED FORCES § 4124 ‘‘(iii) in the case of any applications under clause (i) on which a final decision was not ren- dered, the date by which a final decision is antici- pated. ‘‘(3) DEFINITION.—For purposes of this subsection, the term ‘demonstration laboratory’ means a labora- tory designated by the Secretary of Defense under the provisions of section 4121(a) of title 10, United States Code.’’ [For termination, effective Dec. 31, 2021, of annual re- porting provisions in section 1107(d) of Pub. L. 110–181, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.] § 4123. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions (a) MECHANISMS TO PROVIDE FUNDS.—(1) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory may use an amount of funds equal to not less than two percent and not more than four percent of all funds available to the defense laboratory for the following pur- poses: (A) To fund innovative basic and applied re- search that is conducted at the defense labora- tory and supports military missions. (B) To fund development programs that sup- port the transition of technologies developed by the defense laboratory into operational use. (C) To fund workforce development activi- ties that improve the capacity of the defense laboratory to recruit and retain personnel with necessary scientific and engineering ex- pertise that support military missions. (D) To fund the repair or minor military construction of the laboratory infrastructure and equipment, in accordance with subsection (b). (2) The mechanisms established under para- graph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the di- rector of a defense laboratory in consultation with the science and technology executive of the military department concerned. (3) The science and technology executive of a military department may develop policies and guidance to leverage funding and promote cross- laboratory collaboration, including with labora- tories of other military departments. (4) After consultation with the science and technology executive of the military depart- ment concerned, the director of a defense lab- oratory may charge customer activities a fixed percentage fee, in addition to normal costs of performance, in order to obtain funds to carry out activities authorized by this subsection. The fixed fee may not exceed four percent of costs. (b) AVAILABILITY OF FUNDS FOR INFRASTRUC- TURE PROJECTS.—Funds shall be available in ac- cordance with subsection (a)(1)(D) only if— (1) the Secretary notifies the congressional defense committees of the total cost of the project before the date on which the Secretary uses the mechanism under such subsection for such project; and (2) the Secretary ensures that the project complies with the applicable cost limitations in— (A) section 2805(d) of this title, with re- spect to revitalization and recapitalization projects; and (B) section 2811 of this title, with respect to repair projects. (c) RELEASE AND DISSEMINATION OF INFORMA- TION ON CONTRIBUTIONS FROM USE OF AUTHORITY TO MILITARY MISSIONS.— (1) COLLECTION OF INFORMATION.—The Sec- retary shall establish and maintain mecha- nisms for the continuous collection of infor- mation on achievements, best practices identi- fied, lessons learned, and challenges arising in the exercise of the authority in this section. (2) RELEASE OF INFORMATION.—The Secretary shall establish and maintain mechanisms as follows: (A) Mechanisms for the release to the pub- lic of information on achievements and best practices described in paragraph (1) in un- classified form. (B) Mechanisms for dissemination to ap- propriate civilian and military officials of information on achievements and best prac- tices described in paragraph (1) in classified form. (Added Pub. L. 115–91, div. A, title II, § 220(a), Dec. 12, 2017, 131 Stat. 1332, § 2363; amended Pub. L. 115–232, div. A, title II, § 250, Aug. 13, 2018, 132 Stat. 1702; renumbered § 4123, 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.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1843(b)(1), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2363 of this title as this section. A former section 1843(b)(1) of Pub. L. 116–283, which directed the renumbering of section 2363 of this title as section 4103 instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(4)(A), effective as if included therein, so that such renumbering was no longer directed. 2018—Subsec. (c). Pub. L. 115–232 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to annual reports on the use of the authority under sub- sec. (a). 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. § 4124. Centers for Science, Technology, and En- gineering Partnership (a) DESIGNATION.—(1) The Secretary of De- fense, in coordination with the Secretaries of the military departments, shall designate each science and technology reinvention laboratory as a Center for Science, Technology, and Engi- neering Partnership (in this section referred to