10 U.S.C. § 4833: Federal Defense Laboratory…

Summary

The Secretary of Defense must run a program to help Department of Defense laboratories and industry work together on research and development of dual-use technologies to support the national security goals in section 4811(a). The Secretary must set up cooperative arrangements called "partnerships" between a DoD lab and eligible companies and nonprofit research corporations; partnerships can also include other federal labs, colleges, state or local agencies, and other groups the Secretary finds appropriate. A federally funded research and development center counts as a DoD laboratory if the Department of Defense sponsors it. The Secretary can use grants, contracts, cooperative agreements, other transactions under section 4021, and cooperative research and development agreements under section 12 of the Stevenson-Wydler Act (15 U.S.C. 3710a) to form partnerships and provide technical help. Non‑federal participants must make a substantial cost contribution that matches their risk and benefits, and in‑kind contributions follow the rules in section 4831(c)(2). Partnerships must be chosen competitively and using the criteria in section 4831(e). The Secretary must write regulations to run the program.

Title 10, §4833

Armed Forces, Source: USLM XML via OLRC

(a)Establishment of Program.—

The Secretary of Defense shall conduct a program in accordance with this section for the purpose of promoting cooperation between Department of Defense laboratories and industry on research and development of dual-use technologies in order to further the national security objectives set forth in section 4811(a) of this title.

(b)Partnerships.—

(1)The Secretary shall provide for the establishment under the program of cooperative arrangements (hereinafter in this section referred to as “partnerships”) between a Department of Defense laboratory and eligible firms and nonprofit research corporations. A partnership may also include one or more additional Federal laboratories, institutions of higher education, agencies of State and local governments, and other entities, as determined appropriate by the Secretary.

(2)For purposes of this section, a federally funded research and development center shall be considered a Department of Defense laboratory if the center is sponsored by the Department of Defense.

(c)Assistance Authorized.—

(1)The Secretary may make grants, enter into contracts, enter into cooperative agreements and other transactions pursuant to section 4021 of this title, and enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) in order to establish partnerships.

(2)Subject to subsection (d), the Secretary may provide a partnership with technical and other assistance in order to facilitate the achievement of the purpose of this section.

(d)Financial Commitment of Non-Federal Government Participants.—

(1)The Secretary shall ensure that the non-Federal Government participants in a partnership make a substantial contribution to the total cost of partnership activities. The amount of the contribution shall be commensurate with the risk undertaken by such participants and the potential benefits of the activities for such participants.

(2)The regulations prescribed pursuant to section 4831(c)(2) of this title shall apply to in-kind contributions made by non-Federal Government participants in a partnership.

(e)Selection Process.—

Competitive procedures shall be used in the establishment of partnerships.

(f)Selection Criteria.—

The criteria for the selection of a proposed partnership for establishment under this section shall include the criteria set forth in section 4831(e) of this title.

(g)Regulations.—

The Secretary shall prescribe regulations for the purposes of this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 4833, act Aug. 10, 1956, ch. 1041, 70A Stat. 272, related to accountability of Army officers for public money, prior to repeal by Pub. L. 87–480, § 1(2), June 8, 1962, 76 Stat. 94. See section 2773 of this title.

Amendments

2022—Subsec. (c)(1). Pub. L. 117–263 substituted “section 4021” for “section 4002”. 2021—Pub. L. 116–283, § 1868(b), renumbered section 2519 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1868(c)(3)(A), substituted “section 4811(a)” for “section 2501(a)”. Subsec. (c)(1). Pub. L. 116–283, § 1868(c)(3)(B), substituted “section 4002” for “section 2371”. Subsec. (d)(2). Pub. L. 116–283, § 1868(c)(3)(C), substituted “section 4831(c)(2)” for “section 2511(c)(2)”. Subsec. (f). Pub. L. 116–283, § 1868(c)(3)(D), substituted “section 4831(e)” for “section 2511(e)”. 1996—Subsec. (b). Pub. L. 104–106, § 1081(d)(1), struck out “referred to in section 2511(b) of this title” after “corporations”. Subsec. (f). Pub. L. 104–106, § 1081(d)(2), substituted “section 2511(e)” for “section 2511(f)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment 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.

§4833 Federal Defense Laboratory Diversification Program