§4007. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, test, and evaluation
(a)
(b)
(1) The Under Secretary of Defense for Research and Engineering.
(2) The Secretary of each military department.
(3) The Director of the Defense Advanced Research Projects Agency.
(4) The directors and heads of other offices and agencies of the Department of Defense with assigned research, development, test, and evaluation responsibilities.
(Added Pub. L. 106–398, §1 [[div. A], title IX, §904(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–225, §2359; amended Pub. L. 116–92, div. A, title IX, §902(55), Dec. 20, 2019, 133 Stat. 1549; renumbered §4007, Pub. L. 116–283, div. A, title XVIII, §1841(b)(1), (c), Jan. 1, 2021, 134 Stat. 4243; Pub. L. 117–81, div. A, title XVII, §1701(u)(2)(B), (D), Dec. 27, 2021, 135 Stat. 2151.)
Editorial Notes
Amendments
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
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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)
"(1) matching technology developers with programs, projects, and activities of the Department that may have a use for the technology developed by such developers;
"(2) 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
"(3) overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information.
"(b)
"(c)
"(d)
"(1)
"(A) completes a plan to for carrying out the data collection required under paragraph (2); and
"(B) submits the plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
"(2)
"(A) 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;
"(B) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and
"(C) providing information to the congressional defense committees as required under subsection (e).
"(e)
"(f)
"(1) service acquisition executives (as defined in section 101 of title 10, United States Code);
"(2) the heads of appropriate Defense Agencies and Department of Defense Field Activities;
"(3) procurement technical assistance centers (as described in chapter 142 [see 10 U.S.C. 4951 et seq.] of title 10, United States Code); and
"(4) such other individuals and organizations as the Secretary determines appropriate.
"(g)
"(h)
"(1)
"(A) 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
"(B) protecting sensitive information in the course of the pilot program.
"(2)
"(3)
"(A) 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
"(B) 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)
"(b)
"(c)
"(1)
"(2)
"(3)
"(A) use funds from the award for the uses specified in paragraph (5); and
"(B) oversee the use of the funds through—
"(i) rigorous review of commercialization potential or military utility of technologies, including through use of outside expertise;
"(ii) technology validation milestones focused on market feasibility;
"(iii) simple reporting on program progress; and
"(iv) a process to reallocate funding from poor performing projects to those with more potential.
"(4)
"(A) The extent to which a qualifying institution—
"(i) 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;
"(ii) can assemble a project management board comprised of industry, start-up, venture capital, technical, financial, and business experts;
"(iii) has an intellectual property rights strategy or office; and
"(iv) demonstrates a plan for sustainability beyond the duration of the funding from the award, which may include access to venture capital.
"(B) Such other criteria as the Secretary determines necessary.
"(5)
"(A)
"(B)
"(i) The amount of an award may not exceed $1,000,000 a year.
"(ii) 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.
"(d)
"(e)
"(1) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.
"(2) Section 2368 of such title [now 10 U.S.C. 4124], relating to Centers for Science, Technology, and Engineering Partnerships.
"(3) Section 2374a of such title [now 10 U.S.C. 4025], relating to prizes for advanced technology achievements.
"(4) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
"(5) Section 2521 of such title [now 10 U.S.C. 4841, 4842], relating to the Manufacturing Technology Program.
"(6) Section 225 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note [now 10 U.S.C. 4061 note prec.]).
"(7) Section 1711 of such Act (Public Law 115–91; 10 U.S.C. 2505 note [now 10 U.S.C. 4816 note]), relating to a pilot program on strengthening manufacturing in the defense industrial base.
"(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.
"(f)