§ 4001. SHORT TITLE

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(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;

(4)by mutual agreement with the head of any other department or agency of the Federal Government;

(5)by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of this title; or

(6)by purchases through procurement for experimental purposes pursuant to section 4023 of this title.

(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 4021 and 4026 of this title.

(Added Pub. L. 87–651, title II, § 208(a), Sept. 7, 1962, 76 Stat. 523, § 2358; amended Pub. L. 97–86, title IX, § 910, Dec. 1, 1981, 95 Stat. 1120; Pub. L. 100–370, § 1(g)(3), July 19, 1988, 102 Stat. 846; Pub. L. 103–160, div. A, title VIII, § 827(a), Nov. 30, 1993, 107 Stat. 1712; Pub. L. 103–355, title I, § 1301(a), Oct. 13, 1994, 108 Stat. 3284; Pub. L. 104–201, div. A, title II, § 267(c)(2), Sept. 23, 1996, 110 Stat. 2468; Pub. L. 115–91, div. A, title VIII, § 862, Dec. 12, 2017, 131 Stat. 1494; renumbered § 4001 and amended Pub. L. 116–283, div. A, title XVIII, § 1841(b)(1), (2)(A), Jan. 1, 2021, 134 Stat. 4243;

Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B), (C), (F)(i)(I), (II), Dec. 27, 2021, 135 Stat. 2151.)

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, § 204, Oct. 7, 1970, 84 Stat. 908.

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