
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2358]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                  CHAPTER 139--RESEARCH AND DEVELOPMENT
 
Sec. 2358. Research and development projects

    (a) Authority.--The Secretary of Defense or the Secretary of a 
military department may engage in basic research, applied research, 
advanced research, and development projects that--
        (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) Authorized Means.--The Secretary of Defense or the Secretary of 
a military department may perform research and development projects--
        (1) by contract, cooperative agreement, or grant, in accordance 
    with chapter 63 of title 31;
        (2) through one or more military departments;
        (3) by using employees and consultants of the Department of 
    Defense; or
        (4) by mutual agreement with the head of any other department or 
    agency of the Federal Government.

    (c) Requirement of Potential Department of Defense Interest.--Funds 
appropriated to the Department of Defense or to a military department 
may not be used to finance any research project or study unless the 
project or study is, in the opinion of the Secretary of Defense or the 
Secretary of that military department, respectively, of potential 
interest to the Department of Defense or to such military department, 
respectively.
    (d) Additional Provisions Applicable to Cooperative Agreements.--
Additional authorities, conditions, and requirements relating to certain 
cooperative agreements authorized by this section are provided in 
sections 2371 and 2371a of this title.

(Added Pub. L. 87-651, title II, Sec. 208(a), Sept. 7, 1962, 76 Stat. 
523; amended Pub. L. 97-86, title IX, Sec. 910, Dec. 1, 1981, 95 Stat. 
1120; Pub. L. 100-370, Sec. 1(g)(3), July 19, 1988, 102 Stat. 846; Pub. 
L. 103-160, div. A, title VIII, Sec. 827(a), Nov. 30, 1993, 107 Stat. 
1712; Pub. L. 103-355, title I, Sec. 1301(a), Oct. 13, 1994, 108 Stat. 
3284; Pub. L. 104-201, div. A, title II, Sec. 267(c)(2), Sept. 23, 1996, 
110 Stat. 2468.)

                                          Historical and Revision Notes
                                                    1962 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2358..................................  5:171c(b)(2), (3).                   Ju
ly 26, 1947, ch. 343, Sec.
                                                                              2
03(b)(2), (3); added Aug. 6,
                                                                              1
958, Pub. L. 85-599, Sec.  9(a)
                                                                              (
3d and 4th pars.), 72 Stat. 520.
-------------------------------------------------------------------------------
---------------------------------

    5 U.S.C. 171c(b)(3) is omitted as unnecessary since the 
authorization for appropriations is implied in 5 U.S.C. 171c(b)(2).

                            1988 Act

    In the existing text of 10 U.S.C. 2358, the bill would in two 
instances strike the phrase ``or his designee'' appearing after 
``Secretary of Defense'' (section 1(g)(3)). The change is made for 
consistency in the Code, and no substantive change is intended. The 
committee notes that the Secretary of Defense has general authority to 
delegate functions under 10 U.S.C. 113(d).
    Subsection (b) is based on Pub. L. 91-441, title II, Sec. 204, Oct. 
7, 1970, 84 Stat. 908.


                               Amendments

    1996--Subsec. (d). Pub. L. 104-201 substituted ``sections 2371 and 
2371a'' for ``section 2371''.
    1994--Pub. L. 103-355 amended section generally, inserting reference 
to development projects in section catchline, and in text specifying 
that relevant Secretary may perform research and development projects in 
accordance with chapter 63 of title 31, and adding subsec. (d) relating 
to additional provisions applicable to cooperative agreements.
    1993--Pub. L. 103-160 amended section generally. Prior to amendment, 
section read as follows:
    ``(a) In General.--Subject to approval by the President, the 
Secretary of Defense may engage in basic and applied research projects 
that are necessary to the responsibilities of the Department of Defense 
in the field of basic and applied research and development and that 
relate to weapons systems and other military needs. Subject to approval 
by the President, the Secretary may perform assigned research and 
development projects--
        ``(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) Requirement of Potential Military Relationship.--Funds 
appropriated to the Department of Defense may not be used to finance any 
research project or study unless the project or study has, in the 
opinion of the Secretary of Defense, a potential relationship to a 
military function or operation.''
    1988--Pub. L. 100-370 designated existing provisions as subsec. (a), 
inserted heading, struck out ``or his designee'' after ``Secretary of 
Defense'' and ``President, the Secretary'', and added subsec. (b).
    1981--Par. (1). Pub. L. 97-86 substituted ``by contract with, or by 
grant to,'' for ``by contract with''.


                    Effective Date of 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.


  Pilot Programs for Revitalizing Laboratories and Test and Evaluation 
                    Centers of Department of Defense

    Pub. L. 106-65, div. A, title II, Sec. 245, Oct. 5, 1999, 113 Stat. 
552, provided that:
    ``(a) Authority.--(1) The Secretary of Defense may carry out a pilot 
program to demonstrate improved efficiency in the performance of 
research, development, test, and evaluation functions of the Department 
of Defense. The pilot program under this section is in addition to, but 
may be carried out in conjunction with, the pilot program authorized by 
section 246 of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1955; 10 U.S.C. 2358 
note).
    ``(2) Under the pilot program, the Secretary of Defense shall 
provide the director of one science and technology laboratory, and the 
director of one test and evaluation laboratory, of each military 
department with authority for the following:
        ``(A) To ensure that the laboratories selected can attract a 
    workforce appropriately balanced between permanent and temporary 
    personnel and among workers with an appropriate level of skills and 
    experience and that those laboratories can effectively compete in 
    hiring to obtain the finest scientific talent.
        ``(B) To develop or expand innovative methods of operation that 
    provide more defense research for each dollar of cost, including 
    carrying out initiatives such as focusing on the performance of core 
    functions and adopting more business-like practices.
        ``(C) To waive any restrictions not required by law that apply 
    to the demonstration and implementation of methods for achieving the 
    objectives set forth in subparagraphs (A) and (B).
    ``(3) In selecting the laboratories for participation in the pilot 
program, the Secretary shall consider laboratories where innovative 
management techniques have been demonstrated, particularly as documented 
under sections 1115 through 1119 of title 31, United States Code, 
relating to Government agency performance and results.
    ``(4) The Secretary may carry out the pilot program at each selected 
laboratory for a period of three years beginning not later than March 1, 
2000.
    ``(b) Reports.--(1) Not later than March 1, 2000, the Secretary of 
Defense shall submit to Congress a report on the implementation of the 
pilot program. The report shall include the following:
        ``(A) Each laboratory selected for the pilot program.
        ``(B) To the extent possible, a description of the innovative 
    concepts that are to be tested at each laboratory.
        ``(C) The criteria to be used for measuring the success of each 
    concept to be tested.
    ``(2) Promptly after the expiration of the period for participation 
of a laboratory in the pilot program, the Secretary of Defense shall 
submit to Congress a final report on the participation of that 
laboratory in the pilot program. The report shall include the following:
        ``(A) A description of the concepts tested.
        ``(B) The results of the testing.
        ``(C) The lessons learned.
        ``(D) Any proposal for legislation that the Secretary recommends 
    on the basis of the experience at that laboratory under the pilot 
    program.''
    Pub. L. 105-261, div. A, title II, Sec. 246, Oct. 17, 1998, 112 
Stat. 1955, provided that:
    ``(a) Pilot Program.--(1) The Secretary of Defense may carry out a 
pilot program to demonstrate improved cooperative relationships with 
universities and other private sector entities for the performance of 
research and development functions.
    ``(2) Under the pilot program, the Secretary of Defense shall 
provide the director of one science and technology laboratory, and the 
director of one test and evaluation center, of each military department 
with authority for the following:
        ``(A) To explore innovative methods for quickly, efficiently, 
    and fairly entering into cooperative relationships with universities 
    and other private sector entities with respect to the performance of 
    research and development functions.
        ``(B) To waive any restrictions on the demonstration and 
    implementation of such methods that are not required by law.
        ``(C) To develop or expand innovative methods of operation that 
    provide more defense research for each dollar of cost, including to 
    carry out such initiatives as focusing on the performance of core 
    functions and adopting more business-like practices.
    ``(3) In selecting the laboratories and centers for participation in 
the pilot program, the Secretary shall consider laboratories and centers 
where innovative management techniques have been demonstrated, 
particularly as documented under sections 1115 through 1119 of title 31, 
United States Code, relating to Government agency performance and 
results.
    ``(4) The Secretary may carry out the pilot program at each selected 
laboratory and center for a period of three years beginning not later 
than March 1, 1999.
    ``(b) Reports.--(1) Not later than March 1, 1999, the Secretary of 
Defense shall submit a report on the implementation of the pilot program 
to Congress. The report shall include the following:
        ``(A) Each laboratory and center selected for the pilot program.
        ``(B) To the extent possible, a description of the innovative 
    concepts that are to be tested at each laboratory or center.
        ``(C) The criteria to be used for measuring the success of each 
    concept to be tested.
    ``(2) Promptly after the expiration of the period for participation 
of a laboratory or center in the pilot program, the Secretary of Defense 
shall submit to Congress a final report on the participation of the 
laboratory or center in the pilot program. The report shall contain the 
following:
        ``(A) A description of the concepts tested.
        ``(B) The results of the testing.
        ``(C) The lessons learned.
        ``(D) Any proposal for legislation that the Secretary recommends 
    on the basis of the experience at the laboratory or center under the 
    pilot program.
    ``(c) Commendation.--Congress commends the Secretary of Defense for 
the progress made by the science and technology laboratories and test 
and evaluation centers of the Department of Defense and encourages the 
Secretary to take the actions necessary to ensure continued progress for 
the laboratories and test and evaluation centers in developing 
cooperative relationships with universities and other private sector 
entities for the performance of research and development functions.''


     Defense Experimental Program To Stimulate Competitive Research

    Pub. L. 105-18, title I, Sec. 307, June 12, 1997, 111 Stat. 169, 
provided that: ``For the purposes of implementing the 1997 Defense 
Experimental Program to Stimulate Competitive Research (DEPSCoR), the 
term `State' means a State of the United States, the District of 
Columbia, Puerto Rico, Guam and the Virgin Islands of the United States, 
American Samoa and the Commonwealth of the Northern Mariana Islands.''
    Pub. L. 103-337, div. A, title II, Sec. 257, Oct. 5, 1994, 108 Stat. 
2705, as amended by Pub. L. 104-106, div. A, title II, Sec. 273, Feb. 
10, 1996, 110 Stat. 239; Pub. L. 104-201, div. A, title II, Sec. 264, 
Sept. 23, 1996, 110 Stat. 2465; Pub. L. 105-85, div. A, title II, 
Sec. 243, Nov. 18, 1997, 111 Stat. 1667; Pub. L. 106-65, div. A, title 
IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided that:
    ``(a) Program Required.--The Secretary of Defense, acting through 
the Director of Defense Research and Engineering, shall carry out a 
Defense Experimental Program to Stimulate Competitive Research (DEPSCoR) 
as part of the university research programs of the Department of 
Defense.
    ``(b) Program Objectives.--The objectives of the program are as 
follows:
        ``(1) To enhance the capabilities of institutions of higher 
    education in eligible States to develop, plan, and execute science 
    and engineering research that is competitive under the peer-review 
    systems used for awarding Federal research assistance.
        ``(2) 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) Program Activities.--In order to achieve the program 
objectives, the following activities are authorized under the program:
        ``(1) Competitive award of research grants.
        ``(2) Competitive award of financial assistance for graduate 
    students.
    ``(d) Eligible States.--(1) The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall designate which States are 
eligible States for the purposes of this section.
    ``(2) The Under Secretary of Defense for Acquisition, Technology, 
and Logistics 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 at institutions of higher education 
    in the State.
    ``(e) Coordination With Similar Federal Programs.--(1) The Secretary 
shall consult with the Director of the National Science Foundation and 
the Director of the Office of Science and Technology Policy in the 
planning, development, and execution of the program and shall coordinate 
the program with the Experimental Program to Stimulate Competitive 
Research conducted by the National Science Foundation and with similar 
programs sponsored by other departments and agencies of the Federal 
Government.
    ``(2) All solicitations under the Defense Experimental Program to 
Stimulate Competitive Research shall be made to, and all awards shall be 
made through, the State committees established for purposes of the 
Experimental 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 Experimental Program to Stimulate Competitive Research are 
coordinated with the activities carried out in the State under other 
similar initiatives of the Federal Government to stimulate competitive 
research.
    ``(f) State Defined.--In this section, the term `State' means a 
State of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the 
Commonwealth of the Northern Mariana Islands.''


          Defense Laboratories Personnel Demonstration Projects

    Pub. L. 103-337, div. A, title III, Sec. 342(b), Oct. 5, 1994, 108 
Stat. 2721, as amended by Pub. L. 106-65, div. A, title XI, Sec. 1109, 
Oct. 5, 1999, 113 Stat. 779; Pub. L. 106-398, Sec. 1 [[div. A], title 
XI, Sec. 1114], Oct. 30, 2000, 114 Stat. 1654, 1654A-315, provided that:
    ``(1) The Secretary of Defense may carry out personnel demonstration 
projects at Department of Defense laboratories designated by the 
Secretary as Department of Defense science and technology reinvention 
laboratories.
    ``(2)(A) Each personnel demonstration project carried out under the 
authority of paragraph (1) shall be generally similar in nature to the 
China Lake demonstration project.
    ``(B) For purposes of subparagraph (A), the China Lake demonstration 
project is the demonstration project that is authorized by section 6 of 
the Civil Service Miscellaneous Amendments Act of 1983 [Pub. L. 98-224, 
98 Stat. 49] to be continued at the Naval Weapons Center, China Lake, 
California, and at the Naval Ocean Systems Center, San Diego, 
California.
    ``(3) If the Secretary carries out a demonstration project at a 
laboratory pursuant to paragraph (1), section 4703 of title 5, United 
States Code, shall apply to the demonstration project, except that--
        ``(A) subsection (d) of such section 4703 shall not apply to the 
    demonstration project;
        ``(B) the authority of the Secretary to carry out the 
    demonstration project is that which is provided in paragraph (1) 
    rather than the authority which is provided in such section 4703; 
    and
        ``(C) the Secretary shall exercise the authorities granted to 
    the Office of Personnel Management under such section 4703.
    ``(4) The employees of a laboratory covered by a personnel 
demonstration project carried out under this section [enacting this 
note] shall be exempt from, and may not be counted for the purposes of, 
any constraint or limitation in a statute or regulation in terms of 
supervisory ratios or maximum number of employees in any specific 
category or categories of employment that may otherwise be applicable to 
the employees. The employees shall be managed by the director of the 
laboratory subject to the supervision of the Under Secretary of Defense 
for Acquisition, Technology, and Logistics.
    ``(5) The limitations in section 5373 of title 5, United States 
Code, do not apply to the authority of the Secretary under this section 
to prescribe salary schedules and other related benefits.''


     Inclusion of Women and Minorities in Clinical Research Projects

    Section 252 of Pub. L. 103-160 provided that:
    ``(a) General Rule.--In conducting or supporting clinical research, 
the Secretary of Defense shall ensure that--
        ``(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) Waiver Authority.--The requirement in subsection (a) regarding 
women and members of minority groups who are members of the Armed Forces 
may be waived by the Secretary of Defense with respect to a project of 
clinical research if the Secretary determines that the inclusion, as 
subjects in the project, of women and members of minority groups, 
respectively--
        ``(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) Requirement for Analysis of Research.--In the case of a 
project of clinical research in which women or members of minority 
groups will under subsection (a) be included as subjects of the 
research, the Secretary of Defense shall ensure that the project is 
designed and carried out so as to provide for a valid analysis of 
whether the variables being tested in the research affect women or 
members of minority groups, as the case may be, differently than other 
persons who are subjects of the research.''


             University Research Initiative Support Program

    Section 802 of Pub. L. 103-160, as amended by Pub. L. 104-106, div. 
A, title II, Sec. 275, Feb. 10, 1996, 110 Stat. 241; Pub. L. 104-201, 
div. A, title II, Sec. 263, Sept. 23, 1996, 110 Stat. 2465, provided 
that:
    ``(a) Establishment.--The Secretary of Defense, through the Director 
of Defense Research and Engineering, may establish a University Research 
Initiative Support Program.
    ``(b) Purpose.--Under the program, the Director may award grants and 
contracts to eligible institutions of higher education to support the 
conduct of research and development relevant to requirements of the 
Department of Defense.
    ``(c) Eligibility.--An institution of higher education is eligible 
for a grant or contract under the program if the institution has 
received less than a total of $2,000,000 in grants and contracts from 
the Department of Defense in the two most recent fiscal years for which 
complete statistics are available when proposals are requested for such 
grant or contract.
    ``(d) Competition Required.--The Director shall use competitive 
procedures in awarding grants and contracts under the program.
    ``(e) Selection Process.--In awarding grants and contracts under the 
program, the Director shall use a merit-based selection process that is 
consistent with the provisions of section 2361(a) of title 10, United 
States Code.
    ``(f) Regulations.--Not later than 90 days after the date of the 
enactment of this Act [Nov. 30, 1993], the Director shall prescribe 
regulations for carrying out the program.
    ``(g) Funding.--Of the amounts authorized to be appropriated under 
section 201 [107 Stat. 1583], $20,000,000 shall be available for the 
University Research Initiative Support Program.''


     Independent Research and Development; Bid and Proposal Costs; 
  Negotiation of Advance Agreements With Contractors; Annual Report to 
                                Congress

    Pub. L. 91-441, title II, Sec. 203, Oct. 7, 1970, 84 Stat. 906, as 
amended by Pub. L. 96-342, title II, Sec. 208, Sept. 8, 1980, 94 Stat. 
1081, provided that no funds authorized to be appropriated to Department 
of Defense by this or any other Act were to be used to finance 
independent research and development or bid and proposal costs unless 
such work had, in opinion of Secretary of Defense, potential 
relationship to military functions or operations, and advance agreements 
regarding payment for such work had been negotiated, prior to repeal by 
Pub. L. 101-510, div. A, title VIII, Sec. 824(b), Nov. 5, 1990, 104 
Stat. 1604. See section 2372 of this title.


  Relationship of Research Projects or Studies to Military Function or 
                                Operation

    Pub. L. 91-441, title II, Sec. 204, Oct. 7, 1970, 84 Stat. 908, 
which provided that no funds authorized to be appropriated to the 
Department of Defense by this or any other Act may be used to finance 
any research project or study unless such project or study has, in the 
opinion of the Secretary of Defense, a potential relationship to a 
military function or operation, was repealed and restated in subsec. (b) 
of this section by Pub. L. 100-370, Sec. 1(g)(3)(C), (5), July 19, 1988, 
102 Stat. 847.


      Herbicides and Defoliation Program; Comprehensive Study and 
Investigation; Report by January 31, 1972; Transmittal to President and 
                        Congress by March 1, 1972

    Pub. L. 91-441, title V, Sec. 506(c), Oct. 7, 1970, 84 Stat. 913, 
directed Secretary of Defense to enter into appropriate arrangements 
with National Academy of Sciences to conduct a comprehensive study and 
investigation to determine (A) ecological and physiological dangers 
inherent in use of herbicides, and (B) ecological and physiological 
effects of defoliation program carried out by Department of Defense in 
South Vietnam, with a report on the study to be transmitted to President 
and Congress by Mar. 1, 1972.


      Campuses Barring Military Recruiters; Cessation of Payments; 
                  Notification of Secretary of Defense

    Pub. L. 92-436, title VI, Sec. 606, Sept. 29, 1972, 86 Stat. 740, 
provided that:
    ``(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:
    Pub. L. 92-156, title V, Sec. 502, Nov. 17, 1971, 85 Stat. 427.
    Pub. L. 91-441, title V, Sec. 510, Oct. 7, 1970, 84 Stat. 914.


Federal Contract Research Centers; Officers' Compensation; Notification 
                               to Congress

    Pub. L. 91-121, title IV, Sec. 407, Nov. 19, 1969, 83 Stat. 208, 
related to restrictions on use of appropriations for compensation of 
officers and employees of Federal contract research centers, and notice 
requirements respecting such payments, prior to repeal by Pub. L. 96-
107, title VIII, Sec. 819(c), Nov. 9, 1979, 93 Stat. 819. See section 
2359 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2371 of this title.
