
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2364]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                  CHAPTER 139--RESEARCH AND DEVELOPMENT
 
Sec. 2364. Coordination and communication of defense research 
        activities
        
    (a) Coordination of Department of Defense Technological Data.--The 
Secretary of Defense shall promote, monitor, and evaluate programs for 
the communication and exchange of technological data--
        (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; and
        (2) among Defense research facilities and other offices, 
    agencies, and bureaus in the Department that are engaged in related 
    technological matters.

    (b) Functions of Defense Research Facilities.--The Secretary of 
Defense shall ensure, to the maximum extent practicable--
        (1) that Defense research facilities are assigned broad mission 
    requirements rather than specific hardware needs;
        (2) that appropriate personnel of such facilities are assigned 
    to serve as consultants on component and support system 
    standardization;
        (3) that the managers of such facilities have broad latitude to 
    choose research and development projects;
        (4) that technology position papers prepared by Defense research 
    facilities are readily available to all combatant commands and to 
    contractors who submit bids or proposals for Department of Defense 
    contracts; and
        (5) that, in order to promote increased consideration of 
    technological issues early in the development process, any position 
    paper prepared by a Defense research facility on a technological 
    issue relating to a major weapon system, and any technological 
    assessment made by such facility in the case of such component, is 
    made a part of the records considered for the purpose of making 
    acquisition program decisions.

    (c) Definitions.--In this section:
        (1) The term ``Defense research facility'' means a Department of 
    Defense facility which performs or contracts for the performance 
    of--
            (A) basic research; or
            (B) applied research known as exploratory development.

        (2) The term ``acquisition program decision'' has the meaning 
    prescribed by the Secretary of Defense in regulations.''

(Added Pub. L. 99-661, div. A, title II, Sec. 234(c)(1), Nov. 14, 1986, 
100 Stat. 3848; amended Pub. L. 100-26, Secs. 3(1)(A), 7(a)(9), Apr. 21, 
1987, 101 Stat. 273, 278; Pub. L. 100-180, div. A, title XII, 
Sec. 1231(10)(A), (B), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 104-106, 
div. A, title VIII, Sec. 805, Feb. 10, 1996, 110 Stat. 390.)


                               Amendments

    1996--Subsec. (b)(5). Pub. L. 104-106, Sec. 805(1), substituted 
``acquisition program'' for ``milestone O, milestone I, and milestone 
II''.
    Subsec. (c)(2) to (4). Pub. L. 104-106, Sec. 805(2), added par. (2) 
and struck out former pars. (2) to (4) which read as follows:
    ``(2) The term `milestone O decision' means the decision made within 
the Department of Defense that there is a mission need for a new major 
weapon system and that research and development is to begin to meet such 
need.
    ``(3) The term `milestone I decision' means the decision by an 
appropriate official of the Department of Defense selecting a new major 
weapon system concept and a program for demonstration and validation of 
such concept.
    ``(4) The term `milestone II decision' means the decision by an 
appropriate official of the Department of Defense approving the full-
scale development of a new major weapon system.''
    1987--Pub. L. 100-26, Sec. 3(1)(A), made technical amendment to 
directory language of section 234(c)(1) of Pub. L. 99-661, which enacted 
this section.
    Pub. L. 100-180, Sec. 1231(10)(B), substituted ``defense'' for 
``Defense'' in section catchline.
    Subsec. (b)(5). Pub. L. 100-180, Sec. 1231(10)(A), substituted 
``milestone O, milestone I, and milestone II decisions'' for ``milestone 
O, I, and II decisions''.
    Subsec. (c)(2). Pub. L. 100-26, Sec. 7(a)(9)(A), substituted ``the 
decision'' for ``a decision''.
    Subsec. (c)(3). Pub. L. 100-26, Sec. 7(a)(9)(B), substituted ``the 
decision by an appropriate official of the Department of Defense 
selecting'' for ``[a]/[the] selection by an appropriate official of the 
Department of Defense of''.
    Subsec. (c)(4). Pub. L. 100-26, Sec. 7(a)(9)(C), substituted ``the 
decision by an appropriate official of the Department of Defense 
approving'' for ``approval by an appropriate official of the Department 
of Defense for''.


                    Effective Date of 1987 Amendment

    Amendment by section 3(1)(A) of Pub. L. 100-26 applicable as if 
included in Pub. L. 99-661 when enacted on Nov. 14, 1986, see section 
12(a) of Pub. L. 100-26, set out as a note under section 776 of this 
title.


                       Performance Review Process

    Pub. L. 106-65, div. A, title IX, Sec. 913(b), Oct. 5, 1999, 113 
Stat. 720, provided that: ``Not later than 180 days after the date of 
the enactment of this Act [Oct. 5, 1999], the Secretary of Defense shall 
develop an appropriate performance review process for rating the quality 
and relevance of work performed by the Department of Defense 
laboratories. The process shall include customer evaluation and peer 
review by Department of Defense personnel and appropriate experts from 
outside the Department of Defense. The process shall provide for rating 
all laboratories of the Army, Navy, and Air Force on a consistent 
basis.''


    Coordination of High-Temperature Superconductivity Research and 
                               Development

    Section 218(b)(2) of Pub. L. 100-180, as amended by Pub. L. 100-418, 
title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 103-160, 
div. A, title IX, Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 
106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717, 
provided that: ``The Secretary of Defense, acting through the Under 
Secretary of Defense for Acquisition, Technology, and Logistics, shall--
        ``(A) coordinate the research and development activities of the 
    Department of Defense relating to high-temperature 
    superconductivity; and
        ``(B) ensure that such research and development--
            ``(i) is carried out in coordination with the high-
        temperature superconductivity research and development 
        activities of the Department of Energy (including the national 
        laboratories of the Department of Energy), the National Science 
        Foundation, the National Institute of Standards and Technology, 
        and the National Aeronautics and Space Administration; and
            ``(ii) complements rather than duplicates such activities.''


      Coordination of Research Activities of Department of Defense

    Section 234(a), (b) of Pub. L. 99-661 provided that:
    ``(a) Purpose.--The purpose of this section is to strengthen 
coordination among Department of Defense research facilities and other 
organizations in the Department of Defense.
    ``(b) Findings.--The Congress finds that centralized coordination of 
the collection and dissemination of technological data among research 
facilities and other organizations within the Department of Defense is 
necessary--
        ``(1) to ensure that personnel of the Department are currently 
    informed about emerging technology for defense systems; and
        ``(2) to avoid unnecessary and costly duplication of research 
    staffs and projects.''
