SUBCHAPTER I—GENERAL
Editorial Notes
Amendments
2021—
§4001. Research and development projects
(a)
(1) are necessary to the responsibilities of such Secretary's department in the field of research and development; and
(2) either—
(A) relate to weapon systems and other military needs; or
(B) are of potential interest to the Department of Defense.
(b)
(1) by contract, cooperative agreement, or grant, in accordance with
(2) through one or more military departments;
(3) by using employees and consultants of the Department of Defense;
(4) by mutual agreement with the head of any other department or agency of the Federal Government;
(5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to
(6) by purchases through procurement for experimental purposes pursuant to
(c)
(d)
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2358 | 5:171c(b)(2), (3). | July 26, 1947, ch. 343, §203(b)(2), (3); added Aug. 6, 1958, |
1988 Act
In the existing text of
Subsection (b) is based on
Editorial Notes
Amendments
2021—
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (d).
2017—Subsec. (b)(5), (6).
1996—Subsec. (d).
1994—
1993—
"(a)
"(1) by contract with, or by grant to, educational or research institutions, private businesses, or other agencies of the United States;
"(2) through one or more of the military departments; or
"(3) by using employees and consultants of the Department of Defense.
"(b)
1988—
1981—Par. (1).
Statutory Notes and Related Subsidiaries
Change of Name
Effective Date of 2021 Amendment
Amendment by
Amendment by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Pilot Program on Near-Term Quantum Computing Applications
"(a)
"(1) to solve technical problems and research challenges identified under section 234(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (
"(2) to provide capabilities needed by the Department and the Armed Forces in the near-term.
"(b)
"(1) a federally funded research and development center, university affiliated research center, center of excellence, or similar entity; and
"(2) one or more private-sector entities with expertise in quantum computing and quantum information science.
"(c)
"(1) convene a group of experts and organizations to identify and articulate challenges faced by the Department of Defense, including the Armed Forces, that have the potential to be addressed by quantum and quantum-hybrid applications;
"(2) develop and mature demonstrations, proofs of concept, pilot programs, and other measures to address the challenges identified under paragraph (1) using quantum and quantum-hybrid applications;
"(3) develop pathways through which successful demonstrations, proofs of concept, pilot programs, and other measures developed and matured under paragraph (2) may be transitioned to more advanced stages of research and development or into operational use within the Department;
"(4) ensure that any quantum-based or quantum-hybrid application-based solutions identified under the program are capable of development and deployment within the period covered by the most recent future-years defense program submitted to Congress under
"(4) [sic] assess the utility of commercial quantum and quantum-hybrid applications for meeting the near-term needs of warfighters; and
"(5) seek to build and strengthen relationships between the Department of Defense, academic institutions, small businesses, and nontraditional defense contractors (as defined in
"(d)
"(1)
"(A) identifies the entities the Secretary intends to partner with for the purposes of carrying out the pilot program, including—
"(i) any entities specified in subsection (b);
"(ii) any of the Armed Forces; and
"(iii) any other departments and agencies of the Federal Government with pre-existing quantum technology research efforts; and
"(B) describes the plan of the Secretary for developing and operating the program.
"(2)
"(A) a description of the problem sets and capabilities that were evaluated by organizations of the Department of Defense under the program;
"(B) an explanation of whether and to what extent the program resulted in the identification of potential solutions based on quantum and quantum-hybrid applications;
"(C) any potential barriers to the use of quantum and quantum-hybrid applications to solve near-term problems for the Department of Defense, including the Armed Forces; and
"(D) recommendations regarding how the Department of Defense can better leverage and deploy quantum and quantum-hybrid applications to address near-term military applications and operational needs.
"(e)
"(f)
"(1) quantum-classical hybrid applications which are applications that use both quantum computing and classical computing hardware systems;
"(2) annealing and gate systems; and
"(3) all qubit modalities (including superconducting, trapped-ion, neutral atom, and photonics)."
Pilot Program on Optimization of Aerial Refueling and Fuel Management in Contested Logistics Environments Through Use of Artificial Intelligence
"(a)
"(1)
"(2)
"(A) coordinate with the Commander of the United States Transportation Command and the Commander of the United States Indo-Pacific Command regarding the activities to be carried out under the pilot program, to ensure the pilot program will align with existing operational requirements; and
"(B) seek to consult with relevant experts in the fields of artificial intelligence, logistics, aviation, and fuel management.
"(b)
"(1) Assessing the feasibility and effectiveness of artificial intelligence-driven approaches in enhancing aerial refueling operations and fuel management processes compared to existing mission planning processes executed by members of the Air Force with relevant training.
"(2) Identifying opportunities to reduce fuel consumption, decrease operational costs, and minimize the environmental impact of fuel management while maintaining military readiness.
"(3) Evaluating the interoperability and compatibility of artificial intelligence-enabled systems with the existing logistics infrastructure of the Department of Defense.
"(4) Enhancing situational awareness and decision-making capabilities through real-time data analysis and predictive modeling.
"(5) Addressing potential challenges and risks associated with the integration of artificial intelligence and other advanced digital technologies, including challenges and risks involving cybersecurity concerns.
"(c)
"(d)
"(1) the design of the pilot program under subsection (a);
"(2) the status of any efforts underway to commence the pilot program under subsection (c); and
"(3) any planned future activities to be carried out under the pilot program to test expected outcomes regarding improved efficiencies or other benefits that may be derived from artificial intelligence-driven approaches to aerial refueling operations and fuel management.
"(e)
Control and Management of Department of Defense Data
Artificial Intelligence Bug Bounty Programs
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) the use of any foundational artificial intelligence model; or
"(B) the implementation of the program developed under paragraph (1) for the purpose of the integration of a foundational artificial intelligence model into the missions or operations of the Department of Defense.
"(b)
"(1) the development and implementation of bug bounty programs the Chief Digital and Artificial Intelligence Officer considers relevant to the matters covered by this section; and
"(2) long-term plans of the Chief Digital and Artificial Intelligence Officer with respect to such bug bounty programs.
"(c)
Plans, Strategies, and Other Matters Relating to Artificial Intelligence
"(a)
"(1) establish and document procedures, including timelines, for the periodic review of the 2018 Department of Defense Artificial Intelligence Strategy, or any successor strategy, and associated annexes of the military departments to assess the implementation of such strategy and whether any revision is necessary;
"(2) issue Department of Defense-wide guidance that defines outcomes of near-term and long-term strategies and plans relating to—
"(A) the adoption of artificial intelligence;
"(B) the adoption and enforcement of policies on the ethical use of artificial intelligence systems; and
"(C) the identification and mitigation of bias in artificial intelligence algorithms;
"(3) issue Department-wide guidance regarding methods to monitor accountability for artificial intelligence-related activity, including artificial intelligence performance indicators and metrics;
"(4) develop a strategic plan for the development, use, and cybersecurity of generative artificial intelligence, including a policy governing the use of, and the defense against adversarial use of, generative artificial intelligence;
"(5) assess technical workforce needs across the future years defense plan to support the continued development of artificial intelligence capabilities, including recruitment and retention policies and programs;
"(6) assess the availability and adequacy of the basic artificial intelligence training and education curricula, including efforts developed or authorized pursuant to section 256 of the National Defense Authorization Act for Fiscal Year 2020 (
"(7) develop and issue a timeline and guidance for the Chief Digital and Artificial Intelligence Officer of the Department and the Secretaries of the military departments to establish a common lexicon for artificial intelligence-related activities;
"(8) develop and implement a plan to protect and secure the integrity, availability, and privacy of artificial intelligence systems and models, including large language models, data libraries, data repositories, and algorithms, in training, development, and production environments;
"(9) ensure the fulfilment of the statutory requirement to establish data repositories under section 232 of the National Defense Authorization Act for Fiscal Year 2022 (
"(10) develop and implement a plan—
"(A) to identify commercially available and relevant large language models; and
"(B) to make such models available, as appropriate, on classified networks;
"(11) develop a plan to defend the personnel, organizations, and systems of the Department against adversarial artificial intelligence, including an identification of organizations within the Department capable of providing to cyber red teams of the Department capabilities for operational and developmental needs;
"(12) develop and implement a policy for use by contracting officials to protect the intellectual property of commercial entities that provide artificial intelligence algorithms to a data repository specified in paragraph (9), including a policy for how to address data rights in situations in which governmental and commercial intellectual property may be mixed when such artificial intelligence algorithms are deployed in an operational environment;
"(13) issue guidance and directives governing how the Chief Digital and Artificial Intelligence Officer of the Department shall exercise authority to access, control, and maintain, on behalf of the Secretary, data collected, acquired, accessed, or used by components of the Department consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (
"(14) clarify guidance on the instances for, and the role of human intervention and oversight in, the exercise of artificial intelligence algorithms for use in the generation of offensive or lethal courses of action for tactical operations.
"(b)
"(1)
"(A) to assess whether a given artificial intelligence technology used by the Department of Defense is in compliance with a test, evaluation, verification, and validation framework that—
"(i) operationalizes responsible artificial intelligence principles; and
"(ii) is validated and selected by the Chief Digital and Artificial Intelligence Officer for purposes of this subsection;
"(B) to report and remediate any artificial intelligence technology that is determined not to be in compliance with the framework selected pursuant to subparagraph (A); and
"(C) in a case in which efforts to remediate such technology have been unsuccessful, to discontinue the use of the technology until effective remediation is achievable.
"(2)
"(A) develop clear criteria against which the compliance of an artificial intelligence technology with the framework selected pursuant to subparagraph (A) of such paragraph may be assessed under such subparagraph, taking into consideration—
"(i) similar criteria previously developed by the Secretary; and
"(ii) the identification of potential vulnerabilities in systems and infrastructure of the Armed Forces that could be exploited by adversarial artificial intelligence applications used by the People's Republic of China, the Russian Federation, or other foreign adversaries;
"(B) take steps to integrate such process across the elements of the Department of Defense, including the combatant commands; and
"(C) provide information on such process to members of the Armed Forces and civilian personnel of the Department that are—
"(i) responsible for developing and deploying artificial intelligence technologies;
"(ii) end users of such technologies, including members of the Army, Navy, Air Force, Marine Corps, or Space Force who use such technologies in military operations; or
"(iii) otherwise determined relevant by the Secretary.
"(c)
"(1)
"(2)
Pilot Program To Facilitate the Development of Battery Technologies for Warfighters
"(a)
"(1)
"(A) to facilitate the research and development of safe and secure battery technologies for existing and new or novel battery chemistry configurations, including through the research and development of new or updated manufacturing processes and technologies;
"(B) to assess commercial battery offerings within the marketplace for viability and utility for warfighter applications; and
"(C) to transition battery technologies, including technologies developed under other pilot programs, prototype projects, or other research and development programs, from the prototyping phase to manufacturing production.
"(2)
"(3)
"(b)
"(c)
"(d)
"(1) Conducting research and development to validate new or novel battery chemistry configurations, including through—
"(A) experimentation;
"(B) prototyping;
"(C) testing;
"(D) adapting battery technology to integrate with other technologies and systems; or
"(E) addressing manufacturing or other production challenges.
"(2) Providing commercially available battery technologies to each Secretary of a military department and the commanders of the combatant commands to support utility assessments or other testing by warfighters.
"(3) Expanding, validating, or assessing battery recycling capabilities that may provide operational utility to the Department of Defense.
"(4) Building and strengthening relationships of the Department of Defense with nontraditional defense contractors in the technology industry that may have unused or underused solutions to specific operational challenges of the Department relating to battery technology.
"(e)
"(1) The producer manufactures, designs, or develops battery cells, packs, modules, or other related capabilities in the United States.
"(2) The producer manufactures, designs, or develops battery cells, packs, modules, or other related capabilities in the national technology and industrial base (as defined in
"(3) The technology made available by the producer provides modularity to support diverse applications.
"(4) The technology made available by the producer facilitates safety in tactical and combat applications by using battery chemistries and configurations that reduce thermal runaway and minimize oxygen liberation.
"(5) The producer demonstrates new or novel battery chemistry configurations, safety characteristics, or form-factor configurations.
"(6) The producer facilitates the domestic supply chain for raw materials needed for battery production.
"(7) The producer offers battery-related commercial products or commercial services.
"(f)
"(1)
"(A)
"(B)
"(i) collecting, analyzing, and retaining Project data;
"(ii) developing and sharing best practices for achieving the objectives of the Project;
"(iii) identification of any policy or regulatory impediments inhibiting the execution of the Project; and
"(iv) sharing results from the Project across the Department of Defense and with other departments and agencies of the Federal Government and Congress.
"(C)
"(2)
"(A) a summary of the objectives achieved by the Project; and
"(B) recommendations regarding the steps that may be taken to promote battery technologies that are not dependent on foreign competitors to meet the needs of the Armed Forces.
"(g)
Plan for Investments To Support the Development of Novel Processing Approaches for Defense Applications
"(a)
"(b)
"(1) identify any investments the Secretary has made, and any future investments the Secretary intends to make, in research and technology development to support the use and fielding of novel processing approaches for defense applications;
"(2) identify any investments the Secretary has made, and any future investments the Secretary intends to make, to accelerate the development of novel processing approaches for defense applications, including investments in—
"(A) personnel and workforce capabilities;
"(B) facilities and infrastructure to host systems utilizing novel processing approaches;
"(C) algorithm developments necessary to expand the functionality of each novel processing approach;
"(D) other Federal agencies and federally funded laboratories; and
"(E) appropriate international and commercial sector organizations and activities;
"(3) describe mechanisms to coordinate and leverage investments in novel processing approaches within the Department and with non-Federal partners;
"(4) describe the technical goals to be achieved and capabilities to be developed under the plan; and
"(5) include recommendations for such legislative or administration actions as may support the effective execution of the investment plan.
"(c)
"(d)
"(1) emerging techniques in computation, such as biocomputing, exascale computing, utility scale quantum computing; and
"(2) associated algorithm and hardware development needed to implement such techniques."
Strategy and Plan for Fostering and Strengthening the Defense Innovation Ecosystem
"(a)
"(1) a strategy fostering and strengthening the defense innovation ecosystem; and
"(2) a plan for implementing such strategy.
"(b)
"(1)
"(2)
"(A) concrete steps and measures of effectiveness to gauge the effect of the innovation ecosystems described in paragraph (1) on the Department; and
"(B) a means for assessing the effectiveness of the strategy developed under subsection (a)(1), including the approaches taken by the Department to grow, foster, and sustain such innovation ecosystems.
"(c)
"(1) A process for defining, assessing, and selecting innovation ecosystems with potential to provide benefit to the Department of Defense.
"(2) Metrics for measuring the performance and health of innovation ecosystems being supported by the Department, including identification of criteria to determine when to support or cease supporting identified ecosystems.
"(3) Identification of the authorities and Department of Defense research, development, test, and evaluation assets that can be used to identify, establish, sustain, and expand innovation ecosystems.
"(4) For each innovation ecosystem supported by the Department—
"(A) a description of the core competencies or focus areas of the ecosystem;
"(B) identification of any organizations or elements of the Department that engage with the ecosystem;
"(C) identification of the private sector assets that are being used to support, sustain, and expand the identified innovation ecosystem; and
"(D) a description of any challenges and successes associated with such ecosystem.
"(5) Such other elements as the Secretary considers appropriate.
"(d)
"(e)
"(f)
"(1) update the strategy and plan developed under subsection (a); and
"(2) submit the updated strategy and plan to the congressional defense committees.
"(g)
"(1) The term 'Department of Defense research, development, test, and evaluation assets' includes the following:
"(A) The Department of Defense science and technology reinvention laboratories designated under
"(B) The Major Range and Test Facility Base (as defined in section 4173(i) of such title).
"(C) Department of Defense sponsored manufacturing innovation institutes.
"(D) The organic industrial base.
"(E) Defense Agencies and Department of Defense Field Activities (as defined in
"(F) Any other organization or element of the Department of Defense that carries out activities using funds appropriated for research, development, test, and evaluation.
"(2) The term 'innovation ecosystem' refers to a regionally based network of private sector, academic, and government institutions in a network of formal and informal institutional relationships that contribute to technological and economic development in a defined technology sector or sectors."
Establishing Projects for Data Management, Artificial Intelligence, and Digital Solutions
"(a)
"(1) establish priority enterprise projects for data management, artificial intelligence, and digital solutions for both business efficiency and warfighting capabilities intended to accelerate decision advantage; and
"(2) assign responsibilities for execution and funding of the projects established under paragraph (1).
"(b)
"(1) hold the heads of components accountable for—
"(A) making their component's data available for use pursuant to the memorandum of the Deputy Secretary of Defense dated May 5, 2021, and titled 'Creating Data Advantage', in accordance with plans developed and approved by the head of the component and the Deputy Secretary;
"(B) developing, implementing, and reporting measurable actions to acquire, preserve, and grow the population of government and contractor personnel with expertise in data management, artificial intelligence, and digital solutions;
"(C) making their components use data management practices, analytics processes, enterprise cloud computing environments, and operational test environments that are made available and specifically approved by the head of the component and the Deputy Secretary;
"(D) identifying and reporting on an annual basis for Deputy Secretary approval those ongoing programs and activities and new initiatives within their components to which the component head determines should be applied advanced analytics, digital technology, and artificial intelligence; and
"(E) developing and implementing cybersecurity and artificial intelligence security solutions, including preventative and mitigative technical solutions, red team assessments, to protect artificial intelligence systems, data, development processes, and applications from adversary actions;
"(2) require the Chief Digital and Artificial Intelligence Officer, in coordination with the heads of components, to develop and report on an actionable plan for the Deputy Secretary to reform the technologies, policies, and processes used to support accreditation and authority to operate decisions to enable rapid deployment into operational environments of newly developed government, contractor, and commercial data management, artificial intelligence, and digital solutions software;
"(3) require the Under Secretary of Defense for Personnel and Readiness, in coordination with the Chief Digital and Artificial Intelligence Officer and heads of components to define and establish career paths, work roles, and occupational specialties for civilian and military personnel in the fields of data management, artificial intelligence, and digital solutions for the Deputy Secretary's approval; and
"(4) establish a Departmental management reform goal for adoption and integration artificial intelligence or machine learning into business and warfighting processes, including the tracking of metrics, milestones, and initiatives to measure the progress of the Department in meeting that goal.
"(c)
"(d)
Review of Artificial Intelligence Applications and Establishment of Performance Metrics
"(a)
"(1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Department of Defense; and
"(2) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations.
"(b)
"(1)
"(A) conduct a comprehensive review and assessment of—
"(i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence;
"(ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and
"(iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and
"(B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel.
"(2)
"(A) assess investment by the Department of Defense in artificial intelligence innovation, science and technology, and research and development;
"(B) assess investment by the Department in test and evaluation of artificial intelligence capabilities; and
"(C) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department.
"(3)
"(A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and
"(B) develop performance objectives and accompanying metrics for such integration.
"(4)
"(A) assess the application of artificial intelligence in logistics and sustainment systems; and
"(B) establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise.
"(5)
"(A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and
"(B) establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, including the following:
"(i) Human resources.
"(ii) Budget and finance, including audit.
"(iii) Retail.
"(iv) Real estate.
"(v) Health care.
"(vi) Logistics.
"(vii) Such other business processes as the Secretary considers appropriate.
"(c)
"(1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and
"(2) the performance objectives and accompanying metrics established under subsections (a)(2) and (b)."
Modification of the Joint Common Foundation Program
"(a)
"(b)
"(c)
"(d)
"(1) Relieving Department of Defense components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component at issue would apply its domain expertise to develop specific artificial intelligence applications.
"(2) Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications.
"(3) Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes.
"(4) Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications.
"(5) Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force[.]
"(e)
Activities To Accelerate Development and Deployment of Dual-Use Quantum Technologies
"(a)
"(1) to accelerate the development and deployment of dual-use quantum capabilities;
"(2) to ensure the approach of the United States to investments of the Department of Defense in quantum information science research and development reflects an appropriate balance between scientific progress and the potential economic and security implications of such progress;
"(3) to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and
"(4) to ensure the Department of Defense consistently has access to the most advanced quantum capabilities available in the commercial sector to support research and modernization activities.
"(b)
"(1)
"(A) to identify defense applications for which dual-use quantum technologies provide a clear advantage over competing technologies;
"(B) to accelerate development of such quantum technologies; and
"(C) to accelerate the deployment of dual-use quantum capabilities.
"(2)
"(3)
"(A)
"(B) Section 2373 of such title [now
"(C) Sections 2371 [now
"(D) Section 2358 of such title [now
"(E) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (
"(F) Requirement for milestone payments based on technical achievements.
"(G) Requirement for cost share from private sector participants in the program.
"(H) Commercial procurement authority under part 12 of the Federal Acquisition Regulation.
"(I) Such other authorities or approaches as the Secretary considers appropriate.
"(4)
"(c)
"(1)
"(2)
Data Repositories To Facilitate the Development of Artificial Intelligence Capabilities for the Department of Defense
"(a)
"(1) establish data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and
"(2) allow appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals.
"(b)
"(1) may include unclassified training quality data sets and associated labels representative of diverse types of information, representing Department of Defense missions, business processes, and activities; and
"(2) shall—
"(A) be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions;
"(B) be made available to appropriate public and private sector organizations to support rapid development of software and artificial intelligence capabilities;
"(C) include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the life cycle of the data repositories; and
"(D) be developed to support other missions and activities as determined by the Secretary.
"(c)
"(1) the types of information the Secretary determines are feasible and advisable to include in the data repositories established under subsection (a); and
"(2) the progress of the Secretary in establishing such data repositories."
Authority for Activities To Improve Next Generation Radar Systems Capabilities
"(a)
"(1) Designating specific industry, academic, government, or public-private partnership entities to provide expertise in the repair, sustainment, and support of radar systems to meet current and future defense requirements, as appropriate.
"(2) Facilitating collaboration among academia, the Federal Government, the defense industry, and the commercial sector, including with respect to radar system repair and sustainment activities.
"(3) Establishing advanced research and workforce training and educational programs to enhance future radar systems capabilities.
"(4) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of radar systems in defense systems and operational activities, including continuing education and training goals.
"(5) Increasing communications and personnel exchanges with radar systems experts in industry to support adoption of state-of-the-art technologies and operational practices, especially to support meeting future defense needs related to radar systems in autonomous systems.
"(6) Establishing agreements with one or more institutions of higher education or other organizations in academia or industry to provide for activities authorized under this section.
"(7) Partnering with nonprofit institutions and private industry with expertise in radar systems to support activities authorized under this section.
"(8) Establishing research centers and facilities, including centers of excellence, as appropriate to support activities authorized under this section, especially to promote partnerships between government, industry, and academia.
"(b)
Pilot Program on Systems Engineering Determinations
"(a)
"(b)
"(1)
"(2) Section 2371b of such title [now
"(3) Section 2373 of such title [now
"(4) Section 2358 of such title [now
"(c)
"(1)
"(A)
"(B)
"(i) A 'Discontinue' determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination.
"(ii) A 'Retain and Extend' determination, under which such head ensures continued performance of such covered transaction and extends the period of performance for a specified period of time in order to achieve the success criteria described under subparagraph (A).
"(iii) An 'Endorse and Refer' determination, under which such head endorses the covered transaction and refers it to the most appropriate Service Systems Engineering Command, based on the technical attributes of the covered transaction and the associated potential military applications, based on meeting or exceeding the success criteria.
"(C)
"(D)
"(i) issue an 'Endorse and Refer' determination described in subparagraph (B)(iii) if the success criteria are met; or
"(ii) issue a 'Discontinue' determination described in subparagraph (B)(i) if the success criteria are not met.
"(2)
"(A)
"(B)
"(i) Measurable baseline technical capability, based on meeting the success criteria described in paragraph (1)(A).
"(ii) Measurable transition technical capability, based on the technical needs of the prospective program executive officers to support a current or future program of record.
"(iii) Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including an approximate cost and schedule, including activities that provide resolution to issues relating to—
"(I) interfaces;
"(II) data rights;
"(III) Federal Government technical requirements;
"(IV) specific platform technical integration;
"(V) software development;
"(VI) component, subsystem, or system prototyping;
"(VII) scale models;
"(VIII) technical manuals;
"(IX) lifecycle sustainment needs; and
"(X) other needs identified by the relevant program executive officer.
"(iv) Identification and commitment of funding sources to complete the activities under clause (iii).
"(C)
"(i) A 'Discontinue' determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination.
"(ii) A 'Retain and Extend' determination, under which such head ensures continued performance of such covered transaction within the Service Systems Engineering Command and extends the period of performance for a specified period of time in order to—
"(I) successfully complete the systems engineering plan required under subparagraph (A); and
"(II) issue specific remedial or additional activities to the person performing the covered transaction.
"(iii) An 'Endorse and Refer' determination, under which such head endorses the covered transaction and refers it to a program executive officer, based on successful completion of the systems engineering plan required under subparagraph (A).
"(D)
"(E)
"(i) issue an 'Endorse and Refer' determination described in subparagraph (C)(iii) if the transition technical capability criteria are met; or
"(ii) issue a 'Discontinue' determination described in subparagraph (B)(i) if the success criteria are not met.
"(d)
"(1) are being initially demonstrated at a covered entity;
"(2) demonstrate a high potential to be further developed by a Service Systems Engineering Command; and
"(3) demonstrate a high potential to be used in a program of the Department of Defense.
"(e)
"(1)
"(2)
"(f)
"(g)
"(1) The term 'covered entity' means—
"(A) the Defense Innovation Unit;
"(B) the Strategic Capabilities Office; or
"(C) the Defense Advanced Research Projects Agency.
"(2) The term 'covered transaction' means a transaction, procurement, or project conducted pursuant to an authority listed in subsection (b).
"(3) The term 'Service Systems Engineering Command' means the specific Department of Defense command that reports through a chain of command to the head of a military department that specializes in the systems engineering of a system, subsystem, component, or capability area."
Pilot Program on Acquisition Practices for Emerging Technologies
"(a)
"(b)
"(1) identify, and award agreements to, not less than four new projects supporting high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to—
"(A) offensive missile capabilities;
"(B) space-based assets;
"(C) personnel and quality of life improvement;
"(D) energy generation and storage; and
"(E) any other area activities the Under Secretary determines appropriate;
"(2) develop a unique acquisition plan for each project identified pursuant to paragraph (1) that is significantly novel from standard Department of Defense acquisition practices, including the use of—
"(A) alternative price evaluation models;
"(B) alternative independent cost estimation methodologies;
"(C) alternative market research methods;
"(D) continuous assessment of performance metrics to measure project value for use in program management and oversight;
"(E) alternative intellectual property strategies, including activities to support modular open system approaches (as defined in
"(F) other alternative practices identified by the Under Secretary;
"(3) execute the acquisition plans described in paragraph (2) and award agreements in an expedited manner; and
"(4) determine if existing authorities are sufficient to carry out the activities described in this subsection and, if not, submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] recommendations for statutory reforms that will provide sufficient authority.
"(c)
"(d)
"(1)
"(2)
"(e)
"(1)
"(A) the selection, management and elements of projects under the Pilot Program;
"(B) the collection of data regarding the use of the Pilot Program; and
"(C) the termination of agreements under the Pilot Program.
"(2)
"(A)
"(i) One member from each military department (as defined under
"(ii) One member appointed by the Under Secretary of Defense for Research and Engineering.
"(iii) One member appointed by the Under Secretary of Defense for Acquisition and Sustainment.
"(iv) One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense.
"(v) One member appointed by the Director of the Defense Advanced Research Projects Agency.
"(vi) One member appointed by the Director of Cost Assessment and Program Evaluation.
"(vii) One member appointed by the Director of Operational Test and Evaluation.
"(B)
"(3)
"(f)
"(1)
"(2)
"(g)
"(1)
"(A) developing and sharing best practices for achieving goals established for the Pilot Program;
"(B) providing information to the Secretary and the congressional defense committees on the execution of the Pilot Program; and
"(C) providing information to the Secretary and the congressional defense committees on related policy issues.
"(2)
"(A) meeting the requirements of this subsection;
"(B) collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and
"(C) conducting such evaluation.
"(h)
"(1) the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or
"(2) the date that is five years after the date of the enactment of this Act."
Designation of Senior Officials for Critical Technology Areas Supportive of the National Defense Strategy
"(a)
"(1) identify technology areas that the Under Secretary considers critical for the support of the National Defense Strategy; and
"(2) for each such technology area, designate a senior official of the Department of Defense to coordinate research and engineering activities in that area.
"(b)
"(1) developing and continuously updating research and technology development roadmaps, funding strategies, and technology transition strategies to ensure—
"(A) the effective and efficient development of new capabilities in the area; and
"(B) the operational use of appropriate technologies;
"(2) conducting annual assessments of workforce, infrastructure, and industrial base capabilities and capacity to support—
"(A) the roadmaps developed under paragraph (1); and
"(B) the goals of the National Defense Strategy;
"(3) reviewing the relevant research and engineering budgets of appropriate organizations within the Department of Defense, including the Armed Forces, and advising the Under Secretary on—
"(A) the consistency of the budgets with the roadmaps developed under paragraph (1);
"(B) any technical and programmatic risks to the achievement of the research and technology development goals of the National Defense Strategy;
"(C) programs, projects, and activities that demonstrate—
"(i) unwanted or inefficient duplication, including duplication with activities of other government agencies and the commercial sector;
"(ii) lack of appropriate coordination with other organizations; or
"(iii) inappropriate alignment with organizational missions and capabilities;
"(4) coordinating the research and engineering activities of the Department with appropriate international, interagency, and private sector organizations; and
"(5) tasking appropriate intelligence agencies of the Department to develop a direct comparison between the capabilities of the United States in the technology area concerned and the capabilities of adversaries of the United States in that area.
"(c)
"(1)
"(A) achieved significant technical progress;
"(B) transitioned from the research and development phase to formal acquisition programs;
"(C) transitioned from the research and development phase into operational use; or
"(D) been transferred from the Department of Defense to private sector organizations for further commercial development or commercial sales.
"(2)
"(d)
Social Science, Management Science, and Information Science Research Activities
"(a)
"(b)
"(1) To ensure that the Department of Defense has access to innovation and expertise in social science, management science, and information science to enable the Department to improve the effectiveness, efficiency, and agility of the Department's operational and management activities.
"(2) To develop and manage a portfolio of research initiatives in fundamental and applied social science, management science, and information science that is stable, consistent, and balanced across relevant disciplines.
"(3) To enhance cooperation and collaboration on research and development in the fields of social science, management science, and information science between the Department of Defense and appropriate private sector and international entities that are involved in research and development in such fields.
"(4) To accelerate the development of a research community and industry to support Department of Defense missions in the fields of social science, management science, and information science, including the development of facilities, a workforce, infrastructure, and partnerships in support of such missions.
"(5) To coordinate all research and development within the Department of Defense in the fields of social science, management science, and information science.
"(6) To collect, synthesize, and disseminate critical information on research and development in the fields of social science, management science, and information science.
"(7) To assess and appropriately share, with other departments and agencies of the Federal Government and appropriate entities in the private sector—
"(A) challenges within the Department of Defense that may be addressed through the application of advances in social science, management science, and information science; and
"(B) datasets related to such challenges.
"(8) To support the identification of organizational and institutional barriers to the implementation of management and organizational enhancements and best practices.
"(9) To accelerate efforts—
"(A) to transition, and deploy within the Department of Defense, technologies and concepts derived from research and development in the fields of social science, management science, and information science; and
"(B) to establish policies, procedures, and standards for measuring the success of such efforts.
"(10) To integrate knowledge from cross-disciplinary research on—
"(A) how factors relating to social science, management science, and information science affect the global security environment; and
"(B) best practices for management in the public and private sectors.
"(11) To apply principles, tools, and methods from social science, management science, and information science—
"(A) to ensure the Department of Defense is more agile, efficient, and effective in organizational management and in deterring and countering current and emerging threats; and
"(B) to support the National Defense Strategy.
"(c)
"(d)
"(1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including—
"(A) optimization of analysis of national security data sets;
"(B) development of innovative defense-related management activities;
"(C) improving the operational use of social science, management science, and information science innovations by military commanders and civilian leaders;
"(D) improving understanding of the fundamental social, cultural, and behavioral forces that shape the strategic interests of the United States; and
"(E) developing a Department of Defense workforce capable of developing and leveraging innovations and best practices in the fields of social science, management science, and information science to support defense missions;
"(2) develop a coordinated and integrated research and investment plan for meeting near-term, mid-term, and long-term national security, defense-related, and Departmental management challenges that—
"(A) includes definitive milestones;
"(B) provides for achieving specific technical goals;
"(C) establishes pathways to address the operational and management missions of the Department through—
"(i) the evaluation of innovations and advances in social science, management science, and information science for potential implementation within the Department; and
"(ii) implementation of such innovations and advances within the Department, as appropriate; and
"(C) [(D)] builds upon the investments of the Department, other departments and agencies of the Federal Government, and the commercial sector in the fields of social science, management science, and information science;
"(3) develop plans for—
"(A) the development of the Department's workforce in social science, management science, and information science; and
"(B) improving awareness of—
"(i) the fields of social science, management science, and information science;
"(ii) advances and innovations in such fields; and
"(iii) and the ability of such advances and innovations to enhance the efficiency and effectiveness of the Department; and
"(4) develop memoranda of agreement, joint funding agreements, and such other cooperative arrangements as the Under Secretary determines necessary—
"(A) to carry out the program under subsection (a); and
"(B) to transition appropriate products, services, and innovations relating social science, management science, and information science into use within the Department.
"(e)
"(1)
"(A) classification and data management plans for such activities;
"(B) policies for control of personnel participating in such activities to protect national security interests; and
"(C) ensuring that research findings and innovations in the fields of social science, management science, and information science are incorporated into the activities and strategic documents of the Department.
"(2)
"(f)
"(g)
"(h)
"(1)
"(2)
Activities To Improve Fielding of Air Force Hypersonic Capabilities
"(a)
"(b)
"(c)
"(d)
"(1) an assessment of the sufficiency of the testing capabilities and infrastructure used for fielding hypersonic weapons; and
"(2) a description of any investments in testing capabilities and infrastructure that may be required to support in-flight and ground-based testing for such weapons."
Research, Development, and Deployment of Technologies To Support Water Sustainment
"(a)
"(b)
"(1) develop advanced water harvesting systems that reduce weight and logistics support needs compared to conventional water supply systems, including—
"(A) modular water harvesting systems that are easily transportable; and
"(B) trailer mounted water harvesting systems that reduce resupply needs;
"(2) develop and implement storage requirements for water harvesting systems at forward operating bases; and
"(3) establish cross functional teams to identify geographic regions where the deployment of water harvesting systems could reduce conflict and potentially eliminate the need for the presence of the Armed Forces.
"(c)
"(1) seek to leverage existing water harvesting techniques and technologies and apply such techniques and technologies to military operations carried out by the United States;
"(2) consider using commercially available off-the-shelf items (as defined in
"(3) seek to enter into information sharing arrangements with foreign militaries and other organizations that have the proven ability to operate in water constrained areas for the purpose of sharing lessons learned and best practices relating to water harvesting.
"(d)
"(e)
"(1) harvesting water from underutilized environmental sources, such as by capturing water from ambient humidity; or
"(2) recycling or otherwise reclaiming water that has previously been used."
Board of Advisors for the Office of the Senior Official With Principal Responsibility for Artificial Intelligence and Machine Learning
"(a)
"(b)
"(1) Provide independent strategic advice and technical expertise to the Secretary and the Official on matters relating to the development and use of artificial intelligence by the Department of Defense.
"(2) Evaluate and advise the Secretary and the Official on ethical matters relating to the development and use of artificial intelligence by the Department.
"(3) Conduct long-term and long-range studies on matters relating to artificial intelligence, as required.
"(4) Evaluate and provide recommendations to the Secretary and the Official regarding the Department's development of a robust workforce proficient in artificial intelligence.
"(5) Assist the Secretary and the Official in developing strategic level guidance on artificial intelligence-related hardware procurement, supply-chain matters, and other technical matters relating to artificial intelligence.
"(c)
"(d)
"(e)
"(f)
"(g)
"(1) The term 'artificial intelligence' has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (
"(2) The term 'Secretary' means the Secretary of Defense."
Steering Committee on Emerging Technology
"(a)
"(b)
"(1) The Deputy Secretary of Defense.
"(2) The Vice Chairman of the Joint Chiefs of Staff.
"(3) The Principal Deputy Director of National Intelligence.
"(4) Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate.
"(c)
"(d)
"(1) developing strategies for the organizational change, concept and capability development, and technology investments in emerging technologies that are needed to maintain the technological superiority of the United States military and intelligence community as outlined in the National Defense Strategy and National Intelligence Strategy, and consistent with the National Security Strategy;
"(2) providing assessments of emerging threats and identifying investments and advances in emerging technology areas undertaken by adversaries of the United States;
"(3) making recommendations to the Secretary of Defense and the Director of National Intelligence on—
"(A) the implementation of the strategies developed under paragraph (1);
"(B) steps that may be taken to address the threats identified under paragraph (2);
"(C) any changes to a program of record that may be required to achieve the strategy under paragraph (1);
"(D) any changes to the Defense Planning Guidance required by
"(E) any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 (
"(F) whether sufficient resources are available for the research activities, workforce, and infrastructure of the Department of Defense and the intelligence community to support the development of capabilities to defeat emerging threats to the United States; and
"(4) carrying out such other activities as are assigned to the Steering Committee by the Secretary of Defense and Director of National Intelligence, jointly.
"(e)
"(1) The term 'emerging technology' means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be jointly identified by the Secretary and the Director.
"(2) The term 'intelligence community' has the meaning given such term in section 3 of the National Security Act of 1947 (
"(f)
Part-Time and Term Employment of University Faculty and Students in the Defense Science and Technology Enterprise
"(a)
"(b)
"(1)
"(A) relates to a topic in the field of science, technology, engineering, or mathematics; and
"(B) contributes to the objectives of the Department of Defense, as determined by the Secretary of Defense.
"(2)
"(c)
"(1) Faculty members shall be selected for participation on the basis of—
"(A) the academic credentials and research experience of the faculty member; and
"(B) the extent to which the research proposed to be carried out by the faculty member will contribute to the objectives of the Department of Defense.
"(2) Students shall be selected to assist with a research project under the program on the basis of—
"(A) the academic credentials and other qualifications of the student; and
"(B) the student's ability to fulfill the responsibilities assigned to the student as part of the project.
"(d)
"(1)
"(2)
"(e)
"(1) use any hiring authority available to the Secretary or the head of such organization, including—
"(A) any hiring authority available under a laboratory demonstration program, including the hiring authority provided under
"(B) direct hiring authority under
"(C) expert hiring authority under
"(2) enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(3) pay referral bonuses to faculty or students participating in the program who identify—
"(A) students to assist in a research project under the program; or
"(B) students or recent graduates to participate in other programs in the Defense science and technology enterprise, including internships at Department of Defense laboratories and in the Pathways Program of the Department.
"(f)
"(1)
"(A) identification of the number of faculty and students employed under the program;
"(B) identification of the organizations in the Defense science and technology enterprise that employed such individuals; and
"(C) a description of the types of research conducted by such individuals.
"(2)
"(A) the information described in subparagraphs (A) through (C) of paragraph (1);
"(B) the results of any research projects conducted under the program; and
"(C) the number of students and recent graduates who, pursuant to a reference from a faculty member or student participating in the program as described in subsection (e)(3), were hired by the Department of Defense or selected for participation in another program in the Defense science and technology enterprise.
"(g)
"(1) The term 'Defense science and technology enterprise' means—
"(A) the research organizations of the military departments;
"(B) the science and technology reinvention laboratories (as designated under
"(C) the facilities of the Major Range and Test Facility Base (as defined in
"(D) the Defense Advanced Research Projects Agency.
"(2) The term 'faculty' means an individual who serves as a professor, researcher, or instructor at an institution of higher education.
"(3) The term 'institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (
Acquisition Authority of the Senior Official With Principal Responsibility for Artificial Intelligence and Machine Learning
"(a)
"(b)
"(1)
"(A) to negotiate memoranda of agreement with any element of the Department of Defense to carry out the acquisition of technologies, services, and capabilities developed or identified by the Office;
"(B) to supervise the acquisition of technologies, services, and capabilities to support the mission of the Office;
"(C) to represent the Office in discussions with the Secretaries concerned regarding acquisition programs relating to such appropriate acquisition activities for which the Office is involved; and
"(D) to work with the Secretaries concerned to ensure that the Office is appropriately represented in any joint working group or integrated product team regarding acquisition programs relating to such appropriate activities for which the Office is involved.
"(2)
"(A) responsible to the Official for rapidly delivering capabilities to meet validated requirements;
"(B) subordinate to the Under Secretary of Defense for Acquisition and Sustainment in matters of acquisition; and
"(C) included on the distribution list for acquisition directives and instructions of the Department of Defense.
"(c)
"(1)
"(A) acquisition practices and processes;
"(B) the Joint Capabilities Integration and Development System process;
"(C) program management;
"(D) software development and systems engineering; and
"(E) cost analysis.
"(2)
"(d)
"(e)
"(1)
"(A)
"(B)
"(i) how the Chief Digital and Artificial Intelligence Officer may use the acquisition authorities available to the Chief Digital and Artificial Intelligence Officer to further the data and artificial intelligence objectives of the Department of Defense, including an inventory of requirements and funding associated with the exercise of such acquisition authorities;
"(ii) how the Chief Digital and Artificial Intelligence Officer may use the acquisition authorities of other Federal entities to further such objectives, including an inventory of requirements and funding associated with the exercise of such acquisition authorities; and
"(iii) the challenges and benefits of using the acquisition authorities described in clauses (i) and (ii), respectively, to further such objectives.
"(2)
"(A) Description of the types of activities to be undertaken using the acquisition authority provided under subsection (a).
"(B) Plan for the negotiation and approval of any such memorandum of agreement with an element of the Department of Defense to support the missions of the Office and transition of artificial intelligence capabilities into appropriate acquisition programs or into operational use.
"(C) Plan for oversight of the position of acquisition executive established in subsection (b).
"(D) Assessment of the acquisition workforce, tools, and infrastructure needs of the Office to support the authority under subsection (a) until September 30, 2025.
"(E) Other matters as appropriate.
"(3)
"(4)
"(f)
"(g)
"(1)
"(2)
Direct Air Capture and Blue Carbon Removal Technology Program
"(a)
"(1)
"(2)
"(A) To develop technologies that capture carbon dioxide from seawater and the air to turn such carbon dioxide into clean fuels to enhance fuel and energy security.
"(B) To develop and demonstrate technologies that capture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses.
"(C) To develop direct air capture technologies for use—
"(i) at military installations or facilities of the Department of Defense; or
"(ii) in modes of transportation by the Navy or the Coast Guard.
"(3)
"(A) The first phase shall consist of research and development and shall be carried out as described in subsection (b).
"(B) The second phase shall consist of testing and evaluation and shall be carried out as described in subsection (c), if the Secretary determines that the results of the research and development phase justify implementing the testing and evaluation phase.
"(4)
"(b)
"(1)
"(2)
"(A) at military installations or facilities of the Department of Defense; or
"(B) in modes of transportation by the Navy or the Coast Guard.
"(3)
"(4)
"(5)
"(c)
"(1)
"(2)
"(A) at military installations or facilities of the Department of Defense; or
"(B) in modes of transportation by the Navy or the Coast Guard.
"(3)
"(4)
"(5)
"(6)
"(d)
"(1) The term 'blue carbon capture' means the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, or phase change systems.
"(2)(A) The term 'direct air capture', with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
"(B) The term 'direct air capture' does not include any facility, technology, or system that captures carbon dioxide—
"(i) that is deliberately released from a naturally occurring subsurface spring; or
"(ii) using natural photosynthesis.
"(3) The term 'eligible laboratory' means—
"(A) a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (
"(B) a science and technology reinvention laboratory designated under
"(C) the Major Range and Test Facility Base (as defined in
"(D) any other facility that supports the research, development, test, and evaluation activities of the Department of Defense or the Department of Energy."
Research Program on Foreign Malign Influence Operations
"(a)
"(b)
"(1) Enhance the understanding of foreign malign influence operations, including activities conducted on social media platforms.
"(2) Facilitate the analysis of publicly available or voluntarily provided indicators of foreign malign influence operations.
"(3) Promote collaborative research and information exchange with relevant entities within the Department of Defense and with other agencies or nongovernmental organizations relating to foreign malign influence operations, as appropriate.
"(c)
"(1) a detailed description of the program and any related research activities;
"(2) the estimated cost and duration of the program; and
"(3) any other matters the Secretary determines to be relevant."
Diversification of the Research and Engineering Workforce of the Department of Defense
"(a)
"(1)
"(2)
"(A) The percentage of women and minorities employed in the research and engineering workforce of the Department of Defense as of the date of the assessment.
"(B) Of the individuals hired into the research and engineering workforce of the Department in the five years preceding the date of the assessment, the percentage of such individuals who are women and minorities.
"(C) The effectiveness of existing hiring, recruitment, and retention incentives for women and minorities in the research and engineering workforce of the Department.
"(D) The effectiveness of the Department in recruiting women and minorities into the laboratory workforce after such individuals complete work on Department-funded research, projects, grant projects, fellowships, and STEM programs.
"(E) The geographical diversity of the workforce across various geographic regions.
"(b)
"(1)
"(2)
"(A) align with science and technology strategy priorities of the Department of Defense, including the emerging and future warfighter technology requirements identified by the Department;
"(B) except as provided in subsection (c)(2), set forth steps for the implementation of each recommendation included in the 2013 report of the RAND corporation titled 'First Steps Toward Improving DoD STEM Workforce Diversity';
"(C) harness the full range of the Department's STEM programs and other Department sponsored programs to develop and attract top talent;
"(D) use existing authorities to attract and retain students, academics, and other talent;
"(E) establish and use contracts, agreements, or other arrangements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (
"(i) section 217 of the National Defense Authorization Act for Fiscal Year 2018 (
"(ii) such other authorities as the Secretary determines to be appropriate; and
"(F) include recommendations for changes in authorities, regulations, policies, or any other relevant areas that would support the achievement of the goals set forth in the plan.
"(3)
"(A) the plan developed under paragraph (1); and
"(B) with respect to each recommendation described in paragraph (2)(B) that the Secretary has implemented or expects to implement—
"(i) a summary of actions that have been taken to implement the recommendation; and
"(ii) a schedule, with specific milestones, for completing the implementation of the recommendation.
"(c)
"(1)
"(2)
"(A)
"(B)
"(i) a specific justification for the decision not to implement the recommendation; and
"(ii) a summary of the alternative actions the Secretary plans to take to address the issues underlying the recommendation.
"(d)
Process To Align Policy Formulation and Emerging Technology Development
"(a)
"(b)
"(1) specify the role of each covered official in ensuring that the formulation of policies relating to emerging technology is carried out concurrently with the development of such technology; and
"(2) incorporate procedures for the continuous legal review of—
"(A) weapons and other defense systems that incorporate or use emerging technology; and
"(B) treaties that may be affected by such technology.
"(c)
"(d)
"(1) The term 'covered official' means the following:
"(A) The Chairman of the Joint Chiefs of Staff.
"(B) The Under Secretary of Defense for Research and Engineering.
"(C) The Under Secretary of Defense for Acquisition and Sustainment.
"(D) The Under Secretary of Defense for Policy.
"(E) The commanders of combatant commands with responsibilities involving the use of weapons or other defense systems that incorporate or use emerging technology, as determined by the Secretary of Defense.
"(F) The Secretaries of the military departments.
"(2) The term 'emerging technology' means technology determined to be in an emerging phase of development by the Secretary of Defense, including quantum computing, technology for the analysis of large and diverse sets of data (commonly known as 'big data analytics'), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, biotechnology, and such other technology as may be identified by the Secretary."
Procedures for Rapid Reaction to Emerging Technology
"(a)
"(1) urgently needed—
"(A) to react to a technological development of an adversary of the United States; or
"(B) to respond to a significant and urgent emerging technology; and
"(2) not receiving appropriate research funding or attention from the Department of Defense.
"(b)
"(1) A process for streamlined communications between the Under Secretary, the Joint Chiefs of Staff, the commanders of the combatant commands, the science and technology executives within each military department, and the science and technology community, including—
"(A) a process for the commanders of the combatant commands and the Joint Chiefs of Staff to communicate their needs to the science and technology community; and
"(B) a process for the science and technology community to propose technologies that meet the needs communicated by the combatant commands and the Joint Chiefs of Staff.
"(2) Procedures for the development of technologies proposed pursuant to paragraph (1)(B), including—
"(A) a process for demonstrating performance of the proposed technologies on a short timeline;
"(B) a process for developing a development strategy for a technology, including integration into future budget years; and
"(C) a process for making investment determinations based on information obtained pursuant to subparagraphs (A) and (B).
"(c)
Human Factors Modeling and Simulation Activities
"(a)
"(1) Provide warfighters and civilians with personalized assessment, education, and training tools.
"(2) Identify and implement effective ways to interface and team warfighters with machines.
"(3) Result in the use of intelligent, adaptive augmentation to enhance decision making.
"(4) Result in the development of techniques, technologies, and practices to mitigate critical stressors that impede warfighter and civilian protection, sustainment, and performance.
"(b)
"(c)
"(1) Elements of the Department of Defense engaged in science and technology activities.
"(2) Program Executive Offices of the Department.
"(3) Academia.
"(4) The private sector.
"(5) Such other participants as the Secretary considers appropriate."
Defense Quantum Information Science and Technology Research and Development Program
"(a)
"(b)
"(1) To ensure global superiority of the United States in quantum information science necessary for meeting national security requirements.
"(2) To coordinate all quantum information science and technology research and development within the Department of Defense and to provide for interagency cooperation and collaboration on quantum information science and technology research and development between the Department of Defense and other departments and agencies of the United States and appropriate private sector and international entities that are involved in quantum information science and technology research and development.
"(3) To develop and manage a portfolio of fundamental and applied quantum information science and technology and engineering research initiatives that is stable, consistent, and balanced across scientific disciplines.
"(4) To accelerate the transition and deployment of technologies and concepts derived from quantum information science and technology research and development into the Armed Forces, and to establish policies, procedures, and standards for measuring the success of such efforts.
"(5) To collect, synthesize, and disseminate critical information on quantum information science and technology research and development.
"(6) To establish and support appropriate research, innovation, and industrial base, including facilities, workforce, and infrastructure, to support the needs of Department of Defense missions and systems related to quantum information science and technology.
"(c)
"(1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including—
"(A) optimization of analysis of national security data sets;
"(B) development of defense related quantum computing algorithms;
"(C) design of new materials and molecular functions;
"(D) secure communications and cryptography, including development of quantum communications protocols;
"(E) quantum sensing and metrology;
"(F) development of mathematics relating to quantum enhancements to sensing, communications, and computing; and
"(G) processing and manufacturing of low-cost, robust, and reliable quantum information science and technology-enabled devices and systems;
"(2) develop a coordinated and integrated research and investment plan for meeting the near-, mid-, and long-term challenges with definitive milestones while achieving the specific technical goals that builds upon the Department's increased investment in quantum information science and technology research and development, commercial sector and global investments, and other United States Government investments in the quantum information sciences, including through consultation with—
"(A) the National Quantum Coordination Office;
"(B) the subcommittee on Quantum Information Science of the National Science and Technology Council;
"(C) other organizations and elements of the Department of Defense;
"(D) other Federal agencies; and
"(E) appropriate private sector organizations;
"(3) in consultation with the entities listed in paragraph (2), develop plans for—
"(A) the development of the quantum information science and technology workforce;
"(B) enhancing awareness of quantum information science and technology;
"(C) reducing the risk of cybersecurity threats posed by quantum information science technology; and
"(D) development of ethical guidelines for the use of quantum information science technology;
"(4) in consultation with the National Institute of Standards and Technology and other appropriate Federal entities, develop a quantum information science taxonomy and standards and requirements for quantum information technology;
"(5) support efforts to increase the technology readiness level of quantum information science technologies under development in the United States;
"(6) not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], develop and continuously update guidance, including classification and data management plans for defense-related quantum information science and technology activities, and policies for control of personnel participating on such activities to minimize the effects of loss of intellectual property in basic and applied quantum information science and information considered sensitive to the leadership of the United States in the field of quantum information science and technology; and
"(7) develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for carrying out the program under subsection (a).
"(d)
"(e)
"(1) develop and annually update a list of technical problems and research challenges which are likely to be addressable by quantum computers available for use within in the next one to three years, with a priority for technical problems and challenges where quantum computing systems have performance advantages over traditional computing systems, in order to enhance the capabilities of such quantum computers and support the addressing of relevant technical problems and research challenges; and
"(2) establish programs and enter into agreements with appropriate medium and small businesses with functional quantum computing capabilities to provide such private sector capabilities to government, industry, and academic researchers working on relevant technical problems and research activities.
"(f)
"(1)
"(2)
"(g)
"(h)
"(1)
"(2)
"(A) A description of the knowledge-base of the Department with respect to quantum information sciences, plans to defend against quantum based attacks, and any plans of the Secretary to enhance such knowledge-base.
"(B) A plan that describes how the Secretary intends to use quantum information sciences for military applications and to meet other needs of the Department, including a discussion of likely impacts of quantum information science and technology on military capabilities.
"(C) An assessment of the efforts of foreign powers to use quantum information sciences for military applications and other purposes.
"(D) A description of the activities carried out in accordance with this section, including, for each such activity—
"(i) a roadmap for the activity;
"(ii) a summary of the funding provided for the activity; and
"(iii) an estimated timeline for the development and military deployment of quantum technologies supported through the activity.
"(E) A description of the efforts of the Department of Defense to update classification and cybersecurity practices relating to quantum technology, including—
"(i) security processes and requirements for engagement with allied countries; and
"(ii) a plan for security-cleared government and contractor workforce development.
"(F) Such other matters as the Secretary considers appropriate."
Initiative To Support Protection of National Security Academic Researchers From Undue Influence and Other Security Threats
"(a)
"(1) to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security;
"(2) to limit undue influence, including through foreign talent programs, by countries to exploit United States technology within the Department of Defense research, science and technology, and innovation enterprise;
"(3) to limit academic institutions identified on the list developed under subsection (c)(8)(A) [now (c)(9)(A)] from benefitting from funding provided by the Department of Defense to United States academic institutions; and
"(4) to support efforts toward development of domestic talent in relevant scientific and engineering fields.
"(b)
"(c)
"(1) Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise.
"(2) Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies, and other support to institutions of higher education, to promote security and limit undue influence on institutions of higher education and personnel, including Department of Defense financial support to carry out such activities, that—
"(A) emphasizes best practices for protection of sensitive national security information;
"(B) includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education, including specific counterintelligence information and advice developed specifically for faculty and academic researchers based on actual identified threats; and
"(C) includes requirements for appropriate senior officials of institutions of higher education to receive from appropriate Government agencies updated and periodic briefings that describe the espionage risks to academic institutions and associated personnel posed by technical intelligence gathering activities of near-peer strategic competitors.
"(3) The capacity of Government agencies and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs.
"(4) Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against foreign intelligence services.
"(5) Regulations and procedures—
"(A) for Government agencies and academic organizations and personnel to support the goals of the initiative; and
"(B) that are consistent with policies that protect open and scientific exchange in fundamental research.
"(6) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs.
"(7) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly contract or make other financial arrangements with entities identified in the list described in paragraph (9), which policies shall include—
"(A) use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any contractual or financial connections with such entities;
"(B) a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance;
"(C) the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list;
"(D) a requirement that each awardee of funding provided by the Department shall disclose to the Department any contract or financial arrangement made with such an entity during the period of the award; and
"(E) a requirement that each awardee of funding provided by the Department shall provide to the Department an annual certification of compliance with policies promulgated pursuant to this paragraph; [sic; the semicolon probably should be a period]
"(8) Initiatives to support the transition of the results of institution of higher education research programs into defense capabilities.
"(9)(A) A list of academic institutions of the People's Republic of China, the Russian Federation, and other countries that—
"(i) have a history of improper technology transfer, intellectual property theft, or cyber or human espionage;
"(ii) operate under the direction of the military forces or intelligence agency of the applicable country;
"(iii) are known—
"(I) to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts; or
"(II) to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; or
"(iv) pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available.
"(B) The list described in subparagraph (A) shall be developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations.
"(10)(A) A list, developed and continuously updated in consultation with the National Academies of Science, Engineering, and Medicine and the appropriate Government agencies, of foreign talent programs that pose a threat to the national security interests of the United States, as determined by the Secretary.
"(B) In developing and updating such list, the Secretary shall consider—
"(i) the extent to which a foreign talent program—
"(I) poses a threat to research funded by the Department of Defense; and
"(II) engages in, or facilitates, cyber attacks, theft, espionage, attempts to gain ownership of or influence over companies, or otherwise interferes in the affairs of the United States; and
"(ii) any other factor the Secretary considers appropriate.
"(11) Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the initiative, which measures shall include—
"(A) the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets;
"(B) current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and
"(C) the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence.
"(d)
"(1)
"(A)
"(B)
"(2)
"(3)
"(e)
"(1)
"(2)
"(A) A description of the activities conducted and the progress made under the initiative.
"(B) The findings of the Secretary with respect to the initiative.
"(C) Such recommendations as the Secretary may have for legislative or administrative action relating to the matters described in subsection (a), including actions related to foreign talent programs.
"(D) Identification and discussion of the gaps in legal authorities that need to be improved to enhance the security of research institutions of higher education performing defense research.
"(E) A description of the actions taken by such institutions to comply with such best practices and guidelines as may be established by under the initiative.
"(F) Identification of any incident relating to undue influence to security threats to academic research activities funded by the Department of Defense, including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education.
"(G) A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the initiative.
"(3)
"(f)
"(1)
"(2)
"(3)
"(4)
"(g)
"(1)
"(2)
"(3)
"(A) To serve as the liaison of the Department with the academic and research communities.
"(B) To execute initiatives of the Department related to the protection of Department-sponsored academic research of concern from undue foreign influence and threats, including the initiative required by subsection (a).
"(C) To conduct outreach and education activities for the academic and research communities on undue foreign influence and threats to Department-sponsored academic research of concern.
"(D) To coordinate and align academic security policies with Department component agencies, the Office of Science and Technology Policy, the intelligence community, and appropriate Federal agencies.
"(E) To the extent practicable, to coordinate with the intelligence community to share, not less frequently than annually, with the academic and research communities unclassified information, including counterintelligence information, on threats from undue foreign influence.
"(F) Any other related responsibility, as determined by the Secretary in consultation with the Under Secretary of Defense for Research and Engineering.
"(h)
Mechanisms for Expedited Access to Technical Talent and Expertise at Academic Institutions To Support Department of Defense Missions
"(a)
"(1)
"(2)
"(3)
"(b)
"(c)
"(d)
"(1) selection of participants in the arrangement or arrangements;
"(2) the awarding of task orders under the arrangement or arrangements;
"(3) maximum award size for tasks under the arrangement or arrangements;
"(4) the appropriate use of competitive awards and sole source awards under the arrangement or arrangements; and
"(5) technical areas under the arrangement or arrangements.
"(e)
"(1) Cybersecurity.
"(2) Air and ground vehicles.
"(3) Shipbuilding.
"(4) Explosives detection and defeat.
"(5) Undersea warfare.
"(6) Trusted electronics.
"(7) Unmanned systems.
"(8) Directed energy.
"(9) Energy, power, and propulsion.
"(10) Management science and operations research.
"(11) Artificial intelligence.
"(12) Data analytics.
"(13) Business systems.
"(14) Technology transfer and transition.
"(15) Biological engineering and genetic enhancement.
"(16) High performance computing.
"(17) Materials science and engineering.
"(18) Quantum information sciences.
"(19) Special operations activities.
"(20) Modeling and simulation.
"(21) Autonomous systems.
"(22) Model based engineering.
"(23) Space.
"(24) Infrastructure resilience.
"(25) Photonics.
"(26) Autonomy.
"(27) Rapid prototyping.
"(28) Additive manufacturing.
"(29) Hypersonics.
"(30) 3D and virtual technology training platforms.
"(31) Nuclear science, security, and nonproliferation.
"(32) Chemical, biological, radiological, and nuclear defense.
"(33) Spectrum activities.
"(34) Research security and integrity.
"(35) Printed circuit boards.
"(36) Such other areas as the Secretary considers appropriate.
"(f)
"(1)
"(A) the Secretary of Defense shall seek to establish at least one multi-institution consortium through the Office of the Secretary of Defense;
"(B) the Secretary of the Army shall seek to establish at least one multi-institution consortium through the Army;
"(C) the Secretary of the Navy shall seek to establish at least one multi-institution consortium through the Navy; and
"(D) the Secretary of the Air Force shall seek to establish at least one multi-institution consortium through the Air Force.
"(2)
"(g)
"(h)
Information Operations and Engagement Technology Demonstrations
"(a)
"(1) military information support operations are a critical component of the efforts of the Department of Defense to provide commanders with capabilities to shape the operational environment;
"(2) military information support operations are integral to armed conflict and therefore the Secretary of Defense has broad latitude to conduct military information support operations;
"(3) the Secretary of Defense should develop creative and agile concepts, technologies, and strategies across all available media to most effectively reach target audiences, to counter and degrade the ability of adversaries and potential adversaries to persuade, inspire, and recruit inside areas of hostilities or in other areas in direct support of the objectives of commanders; and
"(4) the Secretary of Defense should request additional funds in future budgets to carry out military information support operations to support the broader efforts of the Government to counter violent extremism.
"(b)
"(c)
"(1) A general timeline for conducting the technology demonstrations.
"(2) Clearly defined goals and endstate objectives for the demonstrations, including traceability of such goals to the tactical, operational, or strategic requirements of the combatant commanders.
"(3) A process for measuring the performance and effectiveness of the demonstrations.
"(4) A coordination structure to include participation between the technology development and the operational communities, including potentially joint, interagency, intergovernmental, and multinational partners.
"(5) The identification of potential technologies to support the tactical, operational, or strategic needs of the combatant commanders.
"(6) An explanation of how such technologies will support and coordinate with elements of joint, interagency, intergovernmental, and multinational partners.
"(d)
"(e)
"(f)
Inclusion of Women and Minorities in Clinical Research Projects
"(a)
"(1) women who are members of the Armed Forces are included as subjects in each project of such research; and
"(2) members of minority groups who are members of the Armed Forces are included as subjects of such research.
"(b)
"(1) is inappropriate with respect to the health of the subjects;
"(2) is inappropriate with respect to the purpose of the research; or
"(3) is inappropriate under such other circumstances as the Secretary of Defense may designate.
"(c)
University Research Initiative Support Program
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
Campuses Barring Military Recruiters; Cessation of Payments; Notification of Secretary of Defense
"(a) No part of the funds appropriated pursuant to this or any other Act for the Department of Defense or any of the Armed Forces may be used at any institution of higher learning if the Secretary of Defense or his designee determines that recruiting personnel of any of the Armed Forces of the United States are being barred by the policy of such institution from the premises of the institution: except in a case where the Secretary of the service concerned certifies to the Congress in writing that a specific course of instruction is not available at any other institution of higher learning and furnishes to the Congress the reasons why such course of instruction is of vital importance to the security of the United States.
"(b) The prohibition made by subsection (a) of this section as it applies to research and development funds shall not apply if the Secretary of Defense or his designee determines that the expenditure is a continuation or a renewal of a previous program with such institution which is likely to make a significant contribution to the defense effort.
"(c) The Secretaries of the military departments shall furnish to the Secretary of Defense or his designee within 60 days after the date of enactment of this Act [Sept. 29, 1972] and each January 31 and June 30 thereafter the names of any institution of higher learning which the Secretaries determine on such dates are affected by the prohibitions contained in this section."
Similar provisions were contained in the following prior authorization acts:
[§§4002, 4003. Omitted]
Editorial Notes
Codification
As enacted,
§4004. Contract authority for development and demonstration of initial or additional prototype units
(a)
(1) the development and demonstration or initial production of technology developed under the contract; or
(2) the delivery of initial or additional items if the item or a prototype thereof is created as the result of work performed under the contract.
(b)
(1)
(2)
(3)
(4)
(c)
(Added
Editorial Notes
Amendments
2021—
Subsec. (a).
Subsec. (a)(1).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by section 1818(c) of
§4007. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, test, and evaluation
(a)
(b)
(1) The Under Secretary of Defense for Research and Engineering.
(2) The Secretary of each military department.
(3) The Director of the Defense Advanced Research Projects Agency.
(4) The directors and heads of other offices and agencies of the Department of Defense with assigned research, development, test, and evaluation responsibilities.
(Added
Editorial Notes
Amendments
2021—
2019—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
Pilot Program on the Use of Private Sector Partnerships To Promote Technology Transition
"(a)
"(1) matching technology developers with programs, projects, and activities of the Department that may have a use for the technology developed by such developers;
"(2) providing technical assistance to appropriate parties on participating in the procurement programs and acquisition processes of the Department, including training and consulting on programming, budgeting, contracting, requirements, and other relevant processes and activities; and
"(3) overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information.
"(b)
"(c)
"(d)
"(1)
"(A) completes a plan to for carrying out the data collection required under paragraph (2); and
"(B) submits the plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
"(2)
"(A) developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense;
"(B) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and
"(C) providing information to the congressional defense committees as required under subsection (e).
"(e)
"(f)
"(1) service acquisition executives (as defined in
"(2) the heads of appropriate Defense Agencies and Department of Defense Field Activities;
"(3) procurement technical assistance centers (as described in
"(4) such other individuals and organizations as the Secretary determines appropriate.
"(g)
"(h)
"(1)
"(A) facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; and
"(B) protecting sensitive information in the course of the pilot program.
"(2)
"(3)
"(A) four years after the date on which the Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a): or
"(B) five years after the date of the enactment of this Act [Dec. 27, 2021]."
Proof of Concept Commercialization of Dual-Use Technology Pilot Program
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(A) use funds from the award for the uses specified in paragraph (5); and
"(B) oversee the use of the funds through—
"(i) rigorous review of commercialization potential or military utility of technologies, including through use of outside expertise;
"(ii) technology validation milestones focused on market feasibility;
"(iii) simple reporting on program progress; and
"(iv) a process to reallocate funding from poor performing projects to those with more potential.
"(4)
"(A) The extent to which a qualifying institution—
"(i) has an established and proven technology transfer or commercialization office and has a plan for engaging that office in the program's implementation or has outlined an innovative approach to technology transfer that has the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions;
"(ii) can assemble a project management board comprised of industry, start-up, venture capital, technical, financial, and business experts;
"(iii) has an intellectual property rights strategy or office; and
"(iv) demonstrates a plan for sustainability beyond the duration of the funding from the award, which may include access to venture capital.
"(B) Such other criteria as the Secretary determines necessary.
"(5)
"(A)
"(B)
"(i) The amount of an award may not exceed $1,000,000 a year.
"(ii) Funds from an award may not be used for basic research, or to fund the acquisition of research equipment or supplies unrelated to commercialization activities.
"(d)
"(e)
"(1)
"(2) Section 2368 of such title [now
"(3) Section 2374a of such title [now
"(4) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
"(5) Section 2521 of such title [now
"(6) Section 225 of the National Defense Authorization Act for Fiscal Year 2018 (
"(7) Section 1711 of such Act (
"(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(f)
[§§4008, 4009. Omitted]
Editorial Notes
Codification
As enacted,
§4010. Defense Established Program to Stimulate Competitive Research
(a)
(b)
(1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense.
(2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance.
(3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research.
(c)
(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 engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers.
(4) Any other activities that are determined necessary to further the achievement of the objectives of the program.
(d)
(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 Department 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 multiplying 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 commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State.
(3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years.
(e)
(2) All solicitations under the Defense Established Program to Stimulate Competitive Research 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 Established Program to Stimulate Competitive Research are relevant to the mission of the Department 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)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
§4014. Coordination and communication of defense research activities and technology domain awareness
(a)
(1) among the Defense research facilities, combatant commands, and other organizations that are involved in developing for the Department of Defense the technological requirements for new items for use by combat forces;
(2) among Defense research facilities and other offices, agencies, and bureaus in the Department that are engaged in related technological matters;
(3) among other research facilities and other departments or agencies of the Federal Government that are engaged in research, development, and technological matters;
(4) among private commercial, research institution, and university entities engaged in research, development, and technological matters potentially relevant to defense on a voluntary basis;
(5) to the extent practicable, to achieve full awareness of scientific and technological advancement and innovation wherever it may occur, whether funded by the Department of Defense, another element of the Federal Government, 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.
(b)
(Added and amended
Editorial Notes
Codification
The section catchline and text of subsec. (a) of
Amendments
2023—Subsec. (b).
2021—
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Effective Date
Section and amendment by
Collaboration Between Defense Laboratories, Industry, and Academia; Open Campus Program
"(a)
"(b)
[§4015. Omitted]
Editorial Notes
Codification
As enacted,