References in Text
Section 4002 of this title, referred to in subsec. (a), probably should be a reference to section 4021 of this title. Section 4002 was originally enacted by transferring section 2371 of this title to that section by Pub. L. 116–283, div. A, title XVIII, § 1841(b)(1), Jan. 1, 2021, 134 Stat. 4243, effective Jan. 1, 2022. However, Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B), Dec. 27, 2021, 135 Stat. 2151, subsequently amended section 1841(b)(1) of Pub. L. 116–283, effective as if included therein, so as to eliminate that transfer, thereby omitting section 4002 before it took effect, and instead transferred section 2371 of this title to section 4021 of this title. See Codification note set out under section 4002 of this title.
2021—Pub. L. 116–283, § 1868(b), renumbered section 2511 of this title as this section.
Subsec. (a). Pub. L. 116–283, § 1868(c)(1)(A), substituted “section 4811(a)” for “section 2501(a)” and “section 4002” for “section 2371”.
Subsec. (e)(1). Pub. L. 116–283, § 1868(c)(1)(B), substituted “section 4811(a)” for “section 2501(a)”.
1996—Pub. L. 104–106 substituted “program” for “partnerships” in section catchline and amended text generally. Prior to amendment, text related to program for establishment of cooperative arrangements between Department of Defense and eligible entities.
1994—Subsec. (c)(3). Pub. L. 103–337 added par. (3).
1993—Subsec. (c). Pub. L. 103–160, § 1315(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary of Defense shall ensure that, to the maximum extent he determines to be practicable, the amount of the funds provided by the Federal Government under a partnership does not exceed the total amount provided by non-Federal Government participants in that partnership.”
Subsec. (e). Pub. L. 103–160, § 1317(c), struck out “, except that procedures other than competitive procedures may be used in any case in which an exception set out in section 2304(c) of this title applies” after “partnerships”.
Statutory Notes and Related Subsidiaries
Dual-Use Science and Technology Program
Pub. L. 105–85, div. A, title II, § 203, Nov. 18, 1997, 111 Stat. 1655, as amended by Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717; Pub. L. 115–232, div. A, title VIII, § 811(h), Aug. 13, 2018, 132 Stat. 1846, provided that:
Subject to paragraph (3), it shall be the objective of the Secretary of each military department to obligate for dual-use
projects in each fiscal year referred to in paragraph (2), out of the total amount authorized to be appropriated for such fiscal year for the applied research programs of the military department, the percent of such amount that is specified for that fiscal year in paragraph (2).
“(2) The objectives for fiscal years under paragraph (1) are as follows:
For fiscal year 1998, 5 percent.
For fiscal year 1999, 7 percent.
For fiscal year 2000, 10 percent.
For fiscal year 2001, 15 percent.
“(3) The Secretary of Defense may establish for a military department for a fiscal year an objective different from the objective set forth in paragraph (2) if the Secretary—
determines that compelling national security considerations require the establishment of the different objective; and
notifies Congress of the determination and the reasons for the determination.
“(d) Financial Commitment of Non-Federal Government Participants.—
The total amount of funds provided by a military department for a dual-use
project entered into by the Secretary of that department shall not exceed 50 percent of the total cost of the project. In the case of a dual-use
project initiated after the date of the enactment of this Act [Nov. 18, 1997
], the Secretary may consider in-kind contributions by non-Federal participants only to the extent such contributions constitute 50 percent or less of the share of the project costs by such participants.
“(e) Use of Competitive Procedures.—
Funds obligated for a dual-use
project may be counted toward meeting an objective under subsection (a) only if the funds are obligated for a contract, grant, cooperative agreement, or other transaction that was entered into through the use of competitive procedures.
Not later than March 1 of each of 1998, 1999, and 2000, the Secretary of Defense shall submit a report to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] on the progress made by the Department of Defense in meeting the objectives set forth in subsection (b) during the preceding fiscal year.
“(2) The report for a fiscal year shall contain, at a minimum, the following:
The aggregate value of all contracts, grants, cooperative agreements, or other transactions entered into during the fiscal year for which funding is counted toward meeting an objective under this section, expressed in relationship to the total amount appropriated for the applied research programs in the Department of Defense for that fiscal year.
For each military department, the value of all contracts, grants, cooperative agreements, or other transactions entered into during the fiscal year for which funding is counted toward meeting an objective under this section, expressed in relationship to the total amount appropriated for the applied research program of the military department for that fiscal year.
A summary of the cost-sharing arrangements in dual-use
projects that were initiated during the fiscal year and are counted toward reaching an objective under this section.
A description of the regulations, directives, or other procedures that have been issued by the Secretary of Defense
or the Secretary of a military department to increase the percentage of the total value of the dual-use
projects undertaken to meet or exceed an objective under this section.
Any recommended legislation to facilitate achievement of objectives under this section.
“(g) Commercial Operations and Support Savings Initiative.—
The Secretary of Defense shall establish a Commercial Operations and Support Savings Initiative (in this subsection referred to as the ‘Initiative’) to develop commercial products and processes that the military departments can incorporate into operational military systems to reduce costs of operations and support.
Of the amounts authorized to be appropriated by section 201, $50,000,000 is authorized for the Initiative.
Projects and participants in the Initiative shall be selected through the use of competitive procedures.
The budget submitted to Congress
by the President for fiscal year 1999 and each fiscal year thereafter pursuant to section 1105(a) of title 31
, United States Code, shall set forth separately the funding request for the Initiative.
“(h) Repeal of Superseded Authority.—
“(i) Definitions.—In this section:
The term ‘applied research program’ means a program of a military department which is funded under the 6.2 Research, Development, Test and Evaluation account of that department.
The term ‘dual-use
project’ means a project under a program of a military department or a defense agency under which research or development of a dual-use
technology is carried out and the costs of which are shared by the Department of Defense
and non-Government entities.”