
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: 10USC2511]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE 
                  REINVESTMENT, AND DEFENSE CONVERSION
 
 SUBCHAPTER III--PROGRAMS FOR DEVELOPMENT, APPLICATION, AND SUPPORT OF 
                          DUAL-USE TECHNOLOGIES
 
Sec. 2511. Defense dual-use critical technology program

    (a) Establishment of Program.--The Secretary of Defense shall 
conduct a program to further the national security objectives set forth 
in section 2501(a) of this title by encouraging and providing for 
research, development, and application of dual-use critical 
technologies. The Secretary may make grants, enter into contracts, or 
enter into cooperative agreements and other transactions pursuant to 
section 2371 of this title in furtherance of the program. The Secretary 
shall identify projects to be conducted as part of the program.
    (b) Assistance Authorized.--The Secretary of Defense may provide 
technical and other assistance to facilitate the achievement of the 
purposes of projects conducted under the program. In providing such 
assistance, the Secretary shall make available, as appropriate for the 
work to be performed, equipment and facilities of Department of Defense 
laboratories (including the scientists and engineers at those 
laboratories) for purposes of projects selected by the Secretary.
    (c) Financial Commitment of Non-Federal Government Participants.--
(1) The total amount of funds provided by the Federal Government for a 
project conducted under the program may not exceed 50 percent of the 
total cost of the project. However, the Secretary of Defense may agree 
to a project in which the total amount of funds provided by the Federal 
Government exceeds 50 percent if the Secretary determines the project is 
particularly meritorious, but the project would not otherwise have 
sufficient non-Federal funding or in-kind contributions.
    (2) The Secretary may prescribe regulations to provide for 
consideration of in-kind contributions by non-Federal Government 
participants in a project conducted under the program for the purpose of 
calculating the share of the project costs that has been or is being 
undertaken by such participants. In such regulations, the Secretary may 
authorize a participant that is a small business concern to use funds 
received under the Small Business Innovation Research Program or the 
Small Business Technology Transfer Program to help pay the costs of 
project activities. Any such funds so used may be considered in 
calculating the amount of the financial commitment undertaken by the 
non-Federal Government participants unless the Secretary determines that 
the small business concern has not made a significant equity percentage 
contribution in the project from non-Federal sources.
    (3) The Secretary shall consider a project proposal submitted by a 
small business concern without regard to the ability of the small 
business concern to immediately meet its share of the anticipated 
project costs. Upon the selection of a project proposal submitted by a 
small business concern, the small business concern shall have a period 
of not less than 120 days in which to arrange to meet its financial 
commitment requirements under the project from sources other than a 
person of a foreign country. If the Secretary determines upon the 
expiration of that period that the small business concern will be unable 
to meet its share of the anticipated project costs, the Secretary shall 
revoke the selection of the project proposal submitted by the small 
business concern.
    (d) Selection Process.--Competitive procedures shall be used in the 
conduct of the program.
    (e) Selection Criteria.--The criteria for the selection of projects 
under the program shall include the following:
        (1) The extent to which the proposed project advances and 
    enhances the national security objectives set forth in section 
    2501(a) of this title.
        (2) The technical excellence of the proposed project.
        (3) The qualifications of the personnel proposed to participate 
    in the research activities of the proposed project.
        (4) An assessment of timely private sector investment in 
    activities to achieve the goals and objectives of the proposed 
    project other than through the project.
        (5) The potential effectiveness of the project in the further 
    development and application of each technology proposed to be 
    developed by the project for the national technology and industrial 
    base.
        (6) The extent of the financial commitment of eligible firms to 
    the proposed project.
        (7) The extent to which the project does not unnecessarily 
    duplicate projects undertaken by other agencies.

    (f) Regulations.--The Secretary of Defense shall prescribe 
regulations for the purposes of this section.

(Added Pub. L. 102-484, div. D, title XLII, Sec. 4221(a), Oct. 23, 1992, 
106 Stat. 2677; amended Pub. L. 103-160, div. A, title XIII, 
Secs. 1315(a), 1317(c), Nov. 30, 1993, 107 Stat. 1787, 1789; Pub. L. 
103-337, div. A, title XI, Sec. 1115(a), Oct. 5, 1994, 108 Stat. 2868; 
Pub. L. 104-106, div. A, title X, Sec. 1081(c), Feb. 10, 1996, 110 Stat. 
452.)


                            Prior Provisions

    A prior section 2511, added Pub. L. 101-510, div. A, title VIII, 
Sec. 823(a)(3), Nov. 5, 1990, 104 Stat. 1600; amended Pub. L. 102-190, 
div. A, title VIII, Sec. 824(b), Dec. 5, 1991, 105 Stat. 1438, defined 
``manufacturing technology'', ``manufacturing extension program'', and 
``United States-based small manufacturing firm'' for purposes of former 
chapter 149 of this title, prior to repeal and restatement in section 
2491 of this title by Pub. L. 102-484, Secs. 4202(a), 4203(a).
    Another prior section 2511 was renumbered section 2540 of this title 
and subsequently repealed.
    Provisions similar to those in this section were contained in 
section 2523 of this title, prior to repeal by Pub. L. 102-484, 
Sec. 4202(a).


                               Amendments

    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, Sec. 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, Sec. 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''.


                 Dual-Use Science and Technology Program

    Pub. L. 105-85, div. A, title II, Sec. 203, Nov. 18, 1997, 111 Stat. 
1655, as amended by Pub. L. 106-65, div. A, title IX, Sec. 911(a)(1), 
Oct. 5, 1999, 113 Stat. 717, provided that:
    ``(a) Funding 1998.--Of the amounts authorized to be appropriated by 
section 201 [111 Stat. 1655], $75,000,000 is authorized for dual-use 
projects.
    ``(b) Goals.--(1) 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:
        ``(A) For fiscal year 1998, 5 percent.
        ``(B) For fiscal year 1999, 7 percent.
        ``(C) For fiscal year 2000, 10 percent.
        ``(D) 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--
        ``(A) determines that compelling national security 
    considerations require the establishment of the different objective; 
    and
        ``(B) notifies Congress of the determination and the reasons for 
    the determination.
    ``(c) Designation of Official for Dual-Use Programs.--(1) The 
Secretary of Defense shall designate a senior official in the Office of 
the Secretary of Defense to carry out responsibilities for dual-use 
projects under this subsection. The designated official shall report 
directly to the Under Secretary of Defense for Acquisition, Technology, 
and Logistics.
    ``(2) The primary responsibilities of the designated official shall 
include developing policy and overseeing the establishment of, and 
adherence to, procedures for ensuring that dual-use projects are 
initiated and administered effectively and that applicable commercial 
technologies are integrated into current and future military systems.
    ``(3) In carrying out the responsibilities, the designated official 
shall ensure that--
        ``(A) dual-use projects are consistent with the joint 
    warfighting science and technology plan referred to in section 270 
    of the National Defense Authorization Act for Fiscal Year 1997 
    (Public Law 104-201; 10 U.S.C. 2501 note); and
        ``(B) the dual-use projects of the military departments and 
    defense agencies of the Department of Defense are coordinated and 
    avoid unnecessary duplication.
    ``(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.
    ``(f) Report.--(1) 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:
        ``(A) 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.
        ``(B) 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.
        ``(C) 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.
        ``(D) 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.
        ``(E) Any recommended legislation to facilitate achievement of 
    objectives under this section.
    ``(g) Commercial Operations and Support Savings Initiative.--(1) 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.
    ``(2) Of the amounts authorized to be appropriated by section 201, 
$50,000,000 is authorized for the Initiative.
    ``(3) Projects and participants in the Initiative shall be selected 
through the use of competitive procedures.
    ``(4) 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.--[Repealed section 203 of Pub. 
L. 104-201, 110 Stat. 2451.]
    ``(i) Definitions.--In this section:
        ``(1) 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.
        ``(2) 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.''


   Application of 1993 Amendments to Existing Technology Reinvestment 
                                Projects

    Section 1315(g) of Pub. L. 103-160 provided that in the case of 
projects funded under section 2511, 2512, 2513, 2523, or 2524 of this 
title with funds appropriated for a fiscal year beginning before Oct. 1, 
1993, the amendments made by section 1315 of Pub. L. 103-160 would not 
alter the financial commitment requirements in effect on Nov. 30, 1993, 
for the non-Federal Government participants in the project.

                  Section Referred to in Other Sections

    This section is referred to in section 2519 of this title.
