2021—Pub. L. 116–283, § 1841(c), which directed the renumbering of section 2359 of this title as this section, was amended generally by Pub. L. 117–81, § 1701(u)(2)(D), effective as if included therein, so that such renumbering was no longer directed.
Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2359 of this title as this section.
2019—Subsec. (b)(1). Pub. L. 116–92 substituted “Under Secretary of Defense for Research and Engineering” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Statutory Notes and Related Subsidiaries
Pilot Program on the Use of Private Sector Partnerships To Promote Technology Transition
Pub. L. 117–81, div. A, title II, § 231, Dec. 27, 2021, 135 Stat. 1612, provided that:
“(a) In General.—Consistent with section 2359 of title 10, United States Code [now 10 U.S.C. 4007], the Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases into acquisition activities and operational use. Under the pilot program, the Secretary shall seek to enter into agreements with qualified private sector organizations to support—
matching technology developers with programs, projects, and activities of the Department that may have a use for the technology developed by such developers;
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
overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information.
In carrying out the activities described in paragraphs (1) through (3) of subsection (a), a qualified private sector organization shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act
(15 U.S.C. 632
)), research institutions (as defined in section 9(e) of such Act [15 U.S.C. 638(e)
]), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965
(20 U.S.C 1001
“(c) Terms of Agreements.—
The terms of an agreement under subsection (a) shall be determined by the Secretary of Defense.
“(d) Data Collection.—
“(1) Plan required before implementation.—The Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary—
completes a plan to for carrying out the data collection required under paragraph (2); and
submits the plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
“(2) Data collection required.—The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of—
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;
providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and
providing information to the congressional defense committees as required under subsection (e).
Not later than December 31, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues.
“(f) Consultation.—In carrying out the pilot program under this section, the Secretary of Defense shall consult with—
the heads of appropriate Defense Agencies and Department of Defense Field Activities;
procurement technical assistance centers (as described in chapter 142
[see 10 U.S.C. 4951
et seq.] of title 10, United States Code); and
such other individuals and organizations as the Secretary determines appropriate.
The pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a).
“(h) Comptroller General Assessment and Report.—
“(1) Assessment.—The Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to—
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
protecting sensitive information in the course of the pilot program.
Not later than the date specified in paragraph (3), the Comptroller General shall submit to the congressional defense committees a report on the results of the assessment conducted under paragraph (1).
“(3) Date specified.—The date specified in this paragraph is the earlier of—
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
five years after the date of the enactment of this Act [Dec. 27, 2021].”
Proof of Concept Commercialization of Dual-Use Technology Pilot Program
Pub. L. 113–66, div. A, title XVI, § 1603, Dec. 26, 2013, 127 Stat. 944, as amended by Pub. L. 113–291, div. A, title VIII, § 818, Dec. 19, 2014, 128 Stat. 3432; Pub. L. 116–92, div. A, title II, § 217, Dec. 20, 2019, 133 Stat. 1258, provided that:
“(a) Pilot Program.—
The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and the Secretary of each military department, may establish and implement a pilot program, to be known as the ‘Proof of Concept Commercialization of Dual-Use Technology Pilot Program’, with a focus on priority defense technology areas that attract public and private sector funding, as well as private sector investment capital, including from venture capital firms in the United States, in accordance with this section.
The purpose of the pilot program is to accelerate the commercialization of basic research innovations from qualifying institutions.
“(1) In general.—
Under the pilot program, the Secretary shall make financial awards to qualifying institutions in accordance with this subsection.
“(2) Competitive, merit-based process.—
An award under the pilot program shall be made using a competitive, merit-based process.
“(3) Eligibility.—A qualifying institution shall be eligible for an award under the pilot program if the institution agrees to—
use funds from the award for the uses specified in paragraph (5); and
“(B) oversee the use of the funds through—
rigorous review of commercialization potential or military utility of technologies, including through use of outside expertise;
technology validation milestones focused on market feasibility;
simple reporting on program progress; and
a process to reallocate funding from poor performing projects to those with more potential.
“(4) Criteria.—An award may be made under the pilot program to a qualifying institution in accordance with the following criteria:
“(A) The extent to which a qualifying institution—
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;
can assemble a project management board comprised of industry, start-up, venture capital, technical, financial, and business experts;
has an intellectual property rights strategy or office; and
demonstrates a plan for sustainability beyond the duration of the funding from the award, which may include access to venture capital.
Such other criteria as the Secretary determines necessary.
“(5) Use of award.—
“(A) In general.—
Subject to subparagraph (B), the funds from an award may be used to evaluate the commercial potential of existing discoveries, including activities that contribute to determining a project’s commercialization path, including technical validations, market research, clarifying intellectual property rights, and investigating commercial and business opportunities.
The amount of an award may not exceed $1,000,000 a year.
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.
“(e) Authorities.—In carrying out this section, the Secretary may use the following authorities:
Section 2368 of such title [now 10 U.S.C. 4124
], relating to Centers for Science, Technology, and Engineering Partnerships.
Section 2374a of such title [now 10 U.S.C. 4025
], relating to prizes for advanced technology achievements.
Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
Section 2521 of such title [now 10 U.S.C. 4841
, 4842], relating to the Manufacturing Technology Program.
The pilot program conducted under this section shall terminate on September 30, 2024.”