10 U.S.C. § 4026 — Cooperative research and development

Page 2632 TITLE 10—ARMED FORCES § 4026 Subsec. (f). Pub. L. 109–364, § 212(b), substituted ‘‘2010’’ for ‘‘2007’’. 2003—Subsec. (e). Pub. L. 108–136 inserted ‘‘during which one or more prizes are awarded under the pro- gram under subsection (a)’’ after ‘‘each fiscal year’’ in introductory provisions. 2002—Subsec. (f). Pub. L. 107–314 substituted ‘‘Sep- tember 30, 2007’’ for ‘‘September 30, 2003’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1701(q)(1), (u)(2)(B), (3)(B) of Pub. L. 117–81 applicable as if included in the enact- ment 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 pre- ceding 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 2016 AMENDMENT Pub. L. 114–328, div. A, title X, § 1081(c), Dec. 23, 2016, 130 Stat. 2419, provided that the amendment made by section 1081(c)(6) is effective as of Nov. 25, 2015, and as if included in Pub. L. 114–92 as enacted. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title. PRIZE COMPETITION FOR TECHNOLOGY THAT DETECTS AND WATERMARKS USE OF GENERATIVE ARTIFICIAL INTELLIGENCE Pub. L. 118–31, div. A, title XV, § 1543, Dec. 22, 2023, 137 Stat. 573, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 270 days after the date of the enactment of this Act [Dec. 22, 2023], under the authority of section 4025 of title 10, United States Code, the Secretary of Defense shall establish a prize competition designed to evaluate technology (in- cluding applications, tools, and models) for generative artificial intelligence detection and generative artifi- cial intelligence watermarking, for the purposes of— ‘‘(1) facilitating the research, development, testing, evaluation, and competition of such technologies to support the Secretaries of the military departments and the commanders of combatant commands in warfighting requirements; and ‘‘(2) transitioning such technologies, including technologies developed pursuant to pilot programs, prototype projects, or other research and develop- ment programs, from the prototyping phase to pro- duction. ‘‘(b) PARTICIPATION.—The participants in the prize competition under subsection (a) may include federally funded research and development centers, entities within the private sector, entities within the defense industrial base, institutions of higher education, Fed- eral departments and agencies, and such other cat- egories of participants as the Secretary of Defense con- siders appropriate. ‘‘(c) DESIGNATION.—The prize competition under sub- section (a) shall be known as the ‘Generative AI Detec- tion and Watermark Competition’. ‘‘(d) ADMINISTRATION.—The Under Secretary of De- fense for Research and Engineering shall administer the prize competition under subsection (a). ‘‘(e) FRAMEWORK.—Not later than 120 days after the date of the enactment of this Act, the Secretary of De- fense shall provide to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a briefing on the framework to be used in car- rying out the prize competition under subsection (a). ‘‘(f) ANNUAL BRIEFINGS.—Not later than October 1 of each year until the date of termination under sub- section (g), the Secretary of Defense shall provide to the congressional defense committees a briefing on the results of the prize competition under subsection (a). ‘‘(g) TERMINATION.—The authority to carry out the prize competition under subsection (a) shall terminate on December 31, 2025. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) The term ‘generative artificial intelligence de- tection’ means, with respect to digital content, the positive identification of the use of generative artifi- cial intelligence in the generation of such content. ‘‘(2) The term ‘generative artificial intelligence watermarking’ means, with respect to digital con- tent, embedding within such content data conveying attribution of the generation of such content to gen- erative artificial intelligence.’’ PRIZE COMPETITION TO IDENTIFY ROOT CAUSE OF PHYS- IOLOGICAL EPISODES ON NAVY, MARINE CORPS, AND AIR FORCE TRAINING AND OPERATIONAL AIRCRAFT Pub. L. 115–91, div. A, title X, § 1089, Dec. 12, 2017, 131 Stat. 1605, as amended by Pub. L. 116–283, div. A, title XVIII, § 1842(c)(1), Jan. 1, 2021, 134 Stat. 4244; Pub. L. 117–81, div. A, title XVII, § 1701(u)(3)(C), Dec. 27, 2021, 135 Stat. 2152, provided that: ‘‘(a) IN GENERAL.—Under the authority of section 4025 of title 10, United States Code, and section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Defense, in consulta- tion with the Secretary of the Navy, the Secretary of the Air Force, the Commandant of the Marine Corps, and the heads of any other appropriate Federal agen- cies that have experience in prize competitions, and when appropriate, in coordination with private organi- zations, may establish a prize competition designed to accelerate identification of the root cause or causes of, or find solutions to, physiological episodes experienced in Navy, Marine Corps, and Air Force training and operational aircraft. ‘‘(b) EVALUATION OF PERSONNEL.—The Secretary of Defense, or the Secretary’s designee, shall select the person or persons to conduct the competition author- ized in subsection (a) and evaluate any submissions. ‘‘(c) LIMITATION.—The Secretary of Defense may not exercise the authority under subsection (a) before the date that is 15 days after the date on which the Sec- retary of Defense submits to [the] congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] certification in writing that the use of the authority will not compromise classified informa- tion, proprietary information, or intellectual prop- erty.’’ § 4026. Cooperative research and development agreements under Stevenson-Wydler Tech- nology Innovation Act of 1980 The Secretary of Defense, in carrying out re- search projects through the Defense Advanced Research Projects Agency, and the Secretary of each military department, in carrying out re- search projects, may permit the director of any federally funded research and development cen- ter to enter into cooperative research and devel- opment agreements with any person, any agency or instrumentality of the United States, any unit of State or local government, and any other entity under the authority granted by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be transferred to a non-Federal party to such an agreement consistent with the provisions of sec- tions 11 and 12 of such Act (15 U.S.C. 3710, 3710a). (Added and amended Pub. L. 104–201, div. A, title II, § 267(c)(1)(A), (B), Sept. 23, 1996, 110 Stat. 2468, § 2371a; Pub. L. 105–85, div. A, title X, § 1073(a)(50), 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.’’