CHAPTER 305-UNIVERSITIES
Editorial Notes
Codification
Statutory Notes and Related Subsidiaries
Support for Protection of Sensitive Research Performed on Behalf of the Department of Defense
"(a)
"(b)
"(1) conducting effective due diligence in vetting visiting scholars;
"(2) assisting institutions in meeting applicable research security requirements, including through the use of common procedures and practices and shared infrastructure, as appropriate;
"(3) providing training to employees and offices of the institution that have responsibilities relating to research security; and
"(4) providing advice and assistance to institutions in establishing and maintaining research security programs.
"(c)
"(1) Geographic diversity and the extent to which the entity is able to maximize coverage of different regions of the United States.
"(2) Any ratings of the entity made by the Defense Counterintelligence and Security Agency as part of the Agency's annual security vulnerability assessment ratings.
"(3) Whether and to what extent the entity uses best practices for research security as outlined by the National Institute of Standards and Technology.
"(4) The entity's demonstrated excellence in security programs, including receipt of awards for excellence in counterintelligence and outstanding achievement in industrial security.
"(d)
"(e)
"(1) identifies each eligible entity with which the Secretary entered into a contract or other agreement under such subsection; and
"(2) evaluates the performance of the entity.
"(f)
"(1) an entity the Secretary of Defense determines to be eligible to participate in the activities authorized under this section; or
"(2) a consortium composed of two or more such entities."
Support to Covered Educational Institutions
"(f)
"(1)
"(2)
"(A) Developing the capability, including workforce and research infrastructure capabilities, for covered educational institutions to more effectively compete for Federal engineering, applied research, commercialization, and workforce development funding opportunities.
"(B) Improving the capability of covered educational institutions to-
"(i) recruit and retain research faculty;
"(ii) participate in appropriate personnel exchange programs; and
"(iii) participate in appropriate educational and career development activities.
"(C) Any other purposes the Under Secretary determines appropriate for enhancing the engineering, applied research, commercialization, and development capabilities of covered educational institutions.
"(g)
"(1)
"(A) a mining, metallurgical, geological, or mineral engineering program-
"(i) accredited by a non-governmental organization that accredits post-secondary education programs in applied and natural science, engineering technology, and computing; and
"(ii) located at an institution of higher education; or
"(B) any other post-secondary educational institution with a geology or engineering program or department that has experience in mining research or work with the mining industry.
"(2)
"(3)
Infrastructure To Support Research, Development, Test, and Evaluation Missions
"(a)
"(b)
"(1) A summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department-
"(A) to meet current and future military requirements identified in the National Defense Strategy;
"(B) to support science and technology development and acquisition programs; and
"(C) to recruit and train qualified personnel.
"(2) A summary of existing and emerging military research, development, test, and evaluation mission areas, by location, that require modernization investments in the infrastructure-
"(A) to improve operations in a manner that may benefit all users;
"(B) to enhance the overall capabilities of the research, development, test, and evaluation infrastructure, including facilities and resources;
"(C) to improve safety for personnel and facilities; and
"(D) to reduce the long-term cost of operation and maintenance.
"(3) Identification of specific infrastructure projects that are required to address the infrastructure deficiencies identified under paragraph (1) or to support the existing and emerging mission areas identified under paragraph (2).
"(4) For each project identified under paragraph (3)-
"(A) a description of the scope of work;
"(B) a cost estimate;
"(C) a summary of the plan for the project;
"(D) an explanation of the level of priority that will be given to the project; and
"(E) a schedule of required infrastructure investments.
"(5) A description of how the Department, including each military department concerned, will carry out the infrastructure projects identified in paragraph (3) using the range of authorities and methods available to the Department, including-
"(A) military construction authority under section 2802 of title 10, United States Code;
"(B) unspecified minor military construction authority under section 2805(a) of such title;
"(C) laboratory revitalization authority under section 2805(d) of such title;
"(D) the authority to carry out facility repair projects, including the conversion of existing facilities, under section 2811 of such title;
"(E) the authority provided under the Defense Laboratory Modernization Pilot Program under section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (
"(F) methods that leverage funding from entities outside the Department, including public-private partnerships, enhanced use leases and real property exchanges;
"(G) the authority to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation, under section 2681 of title 10, United States Code [now 10 U.S.C. 4175]; and
"(H) any other authorities and methods determined to be appropriate by the Secretary of Defense.
"(6) Identification of any regulatory or policy barriers to the effective and efficient implementation of the master plan.
"(c)
"(1) consult with existing and anticipated customers and users of the capabilities of the Major Range and Test Facility Base and science and technology reinvention laboratories;
"(2) ensure consistency with the science and technology roadmaps and strategies of the Department of Defense and the Armed Forces; and
"(3) ensure consistency with the strategic plan for test and evaluation resources required by section 196(d) of title 10, United States Code [now 10 U.S.C. 4173(d)].
"(d)
"(e)
"(1) the science and technology reinvention laboratories (as designated under section 4121(b) of title 10, United States Code);
"(2) the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code [now 10 U.S.C. 4091(f)(3)]); and
"(3) other facilities that support the research development, test, and evaluation activities of the Department."
Pilot Program for the Enhancement of the Research, Development, Test, and Evaluation Centers of the Department of Defense
"(a)
"(1)
"(2)
"(A) the science and technology reinvention laboratories, as designated under section 4121(b) of title 10, United States Code;
"(B) the test and evaluation centers which are activities specified as part of the Major Range and Test Facility Base in Department of Defense Directive 3200.11; and
"(C) the Defense Advanced Research Projects Agency.
"(b)
"(1)
"(A) the Defense Advanced Research Projects Agency; and
"(B) in accordance with paragraph (2)-
"(i) five additional eligible centers described in subparagraph (A) of subsection (a)(2) from each of the military departments; and
"(ii) five additional eligible centers described in subparagraph (B) of such subsection from each of the military departments.
"(2)
"(B) Not later than 120 days after the date of such submittal, each appropriate reviewer shall-
"(i) evaluate each application received under subparagraph (A); and
"(ii) approve or disapprove of the application.
"(C) If the head of an eligible center submits an application under subparagraph (A) in accordance with the requirements specified by the appropriate reviewer for purposes of such subparagraph and the appropriate reviewer neither approves nor disapproves such application pursuant to subparagraph (B)(ii) on or before the date that is 120 days after the date of such submittal, such eligible center shall be considered a participant in the pilot program.
"(D) For purposes of this paragraph, the appropriate reviewer is-
"(i) in the case of an eligible center described in subparagraph (A) of subsection (a)(2), the Laboratory Quality Enhancement Program; and
"(ii) in the case of an eligible center described in subparagraph (B) of such subsection, the Director of the Test Resource Management Center.
"(c)
"(1)
"(A) generate greater value and efficiencies in research and development activities;
"(B) enable more efficient and effective operations of supporting activities, such as-
"(i) facility management, construction, and repair;
"(ii) business operations;
"(iii) personnel management policies and practices; and
"(iv) intramural and public outreach; and
"(C) enable more rapid deployment of warfighter capabilities.
"(2)
"(B) The Director of the Defense Advanced Research Projects Agency shall implement each method proposed under paragraph (1) unless such method is disapproved in writing by the Deputy Secretary of Defense or a designee of the Deputy Secretary within 60 days of receiving a proposal from the Director.
"(C) In this paragraph, the term 'Assistant Secretary concerned' means-
"(i) the Assistant Secretary of the Air Force for Acquisition [now Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics], with respect to matters concerning the Air Force;
"(ii) the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, with respect to matters concerning the Army; and
"(iii) the Assistant Secretary of the Navy for Research, Development, and Acquisition, with respect to matters concerning the Navy.
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) Identification of the eligible centers participating in the pilot program.
"(B) Identification of the eligible centers whose applications to participate in the pilot program were disapproved under subsection (b), including justifications for such disapprovals.
"(C) A description of the methods implemented pursuant to subsection (c).
"(D) A description of the methods that were proposed pursuant to paragraph (1) of subsection (c) but disapproved under paragraph (2) of such subsection.
"(E) An assessment of how methods implemented pursuant to subsection (c) have contributed to the objectives identified in subparagraphs (A), (B), and (C) of paragraph (1) of such subsection.
"(F) With respect to any military department not participating in the pilot program, an explanation for such nonparticipation, including identification of-
"(i) any issues that may be preventing such participation; and
"(ii) any offices or other elements of the Department of Defense that may be responsible for the delay in participation."
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