§ 4001. Research and development projects

§ 4001. Research and development projects

(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.

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2358 of this title as this section.

Subsec. (b)(5). Pub. L. 116–283, § 1841(b)(2)(A)(i), as amended by Pub. L. 117–81, § 1701(u)(2)(C), substituted “section 4021 or 4022” for “section 2371 or 2371b”.

Subsec. (b)(6). Pub. L. 116–283, § 1841(b)(2)(A)(ii), as amended by Pub. L. 117–81, § 1701(u)(2)(F)(i)(I), substituted “section 4023” for “section 2373”.

Subsec. (d). Pub. L. 116–283, § 1841(b)(2)(A)(iii), as amended by Pub. L. 117–81, § 1701(u)(2)(F)(i)(II), substituted “sections 4021 and 4026” for “sections 2371 and 2371a”.

2017—Subsec. (b)(5), (6). Pub. L. 115–91 added pars. (5) and (6).

1996—Subsec. (d). Pub. L. 104–201 substituted “sections 2371 and 2371a” for “section 2371”.

1994—Pub. L. 103–355 amended section generally, inserting reference to development projects in section catchline, and in text specifying that relevant Secretary may perform research and development projects in accordance with chapter 63 of title 31, and adding subsec. (d) relating to additional provisions applicable to cooperative agreements.

1993—Pub. L. 103–160 amended section generally. Prior to amendment, section read as follows:

“(a) In General.—Subject to approval by the President, the Secretary of Defense may engage in basic and applied research projects that are necessary to the responsibilities of the Department of Defense in the field of basic and applied research and development and that relate to weapons systems and other military needs. Subject to approval by the President, the Secretary may perform assigned research and development projects—

“(1) by contract with, or by grant to, educational or research institutions, private businesses, or other agencies of the United States;

“(2) through one or more of the military departments; or

“(3) by using employees and consultants of the Department of Defense.

“(b) Requirement of Potential Military Relationship.—Funds appropriated to the Department of Defense may not be used to finance any research project or study unless the project or study has, in the opinion of the Secretary of Defense, a potential relationship to a military function or operation.”

1988—Pub. L. 100–370 designated existing provisions as subsec. (a), inserted heading, struck out “or his designee” after “Secretary of Defense” and “President, the Secretary”, and added subsec. (b).

1981—Par. (1). Pub. L. 97–86 substituted “by contract with, or by grant to,” for “by contract with”.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 115–91, div. A, title II, § 214(a), Dec. 12, 2017, 131 Stat. 1325, provided that: “The joint technology office on hypersonics in the Office of the Secretary of Defense is redesignated as the ‘Joint Hypersonics Transition Office’. Any reference in a law (other than this section), map, regulation, document, paper, or other record of the United States to the joint technology office on hypersonics shall be deemed to be a reference to the Joint Hypersonics Transition Office.”

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.

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title.

Demonstration of Near Real-Time Monitoring Capabilities To Enhance Weapon System Platforms

Pub. L. 119–60, div. A, title II, § 228, Dec. 18, 2025, 139 Stat. 786, provided that: “(a) Demonstration.—Subject to the availability of appropriations, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the service acquisition executives, shall carry out a demonstration to equip selected weapon system platforms with onboard, near real-time, end-to-end serial bus and radio frequency monitoring capabilities to detect cyber threats and improve maintenance efficiency. “(b) Phases.—The Secretary of Defense shall implement the demonstration under subsection (a) in phases as follows:“(1) Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary shall—“(A) select not fewer than three weapon system platforms for initial participation in the demonstration, prioritizing the MH–60R and MQ–9 aircraft fleets and using the priorities identified under section 1559 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2224 note); and “(B) complete the initial deployment of monitoring capabilities to such platforms. “(2) Not later than one year after the date of the enactment of this Act, the Secretary shall extend monitoring capabilities to the complete fleets of selected platforms and complete initial data collection and analysis from all participating platforms. “(c) Report Required.—“(1) In general.—Not later than January 1, 2027, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the findings of the Secretary with respect to the demonstration conducted pursuant to subsection (a). “(2) Contents.—The report submitted pursuant to paragraph (1) shall include the following:“(A) The effectiveness of the monitoring capabilities with respect to—“(i) cyber threat detection; “(ii) maintenance efficiency; and “(iii) operational readiness and mission capable rates. “(B) Specific recommendations regarding—“(i) whether near real-time monitoring capabilities should be implemented across additional Department weapon system platforms; “(ii) if additional implementation is recommended, which specific weapon system platforms should receive priority for such implementation, along with the estimated costs and funding requirements; “(iii) an analysis of the advisability of developing a program for implementing such capabilities, including potential risks, benefits, and trade-offs; and “(iv) proposed metrics for measuring successful implementation and operational effectiveness. “(3) Form of report.—The report submitted pursuant to paragraph (1) shall be submitted in unclassified form but may include a classified annex.”

Biotechnology Management Office

Pub. L. 119–60, div. A, title II, § 242, Dec. 18, 2025, 139 Stat. 790, provided that: “(a) Designation of Senior Official.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall designate a senior official, with relevant biotechnology experience, from a position within the Department of Defense that was in effect on the day before the date of the enactment of this Act, to—“(1) be the senior official for biotechnology issues; “(2) be the head of the Biotechnology Management Office established under subsection (b); and “(3) carry out the responsibilities for the office in subsection (c). “(b) Establishment of Biotechnology Management Office.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, with input from the senior official designated under subsection (a), charter and establish, under the authority, direction, and control of the Deputy Secretary of Defense, a Biotechnology Management Office to foster the development, acquisition, and sustainment of broad-based biotechnology capabilities for the Department. “(c) Responsibilities.—The office established under subsection (b) shall be responsible for the following:“(1) Maintaining and executing the Defense Biotechnology Strategy required by section 246 [139 Stat. 797], including development and execution of a long-term research, development, acquisition, and sustainment roadmap. “(2) Updating policies and guidance within the Department relating to the acquisition, adoption, and transition of biotechnology-based products into Department use. “(3) Coordinating with activities across the Department, the Federal Government, industry, academia, and international partners relating to biotechnology. “(4) Proposing options for streamlining the regulatory or acquisition process of the Department. “(5) Conducting, as may be needed, global competition analyses, net assessment, or forecasting to support decisionmakers on biotechnology advances. “(6) Supporting the development of public-private partnerships with academia, industry, and other State and local government partners, including through the development or fostering of regionally focused innovation ecosystems. “(7) Identifying biotechnology workforce and training gaps across the workforce of the Department. “(8) Such other responsibilities as the Secretary considers appropriate. “(d) Sunset.—This section shall terminate on September 30, 2030. “(e) Briefing.—Not later than 30 days after the designation of the senior official pursuant to subsection (a), the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the proposed scope of the charter for the office to be established pursuant to subsection (b), as well as implementation plans for preliminary activities the office will pursue during the proceeding one-year period.”

Biotechnology Supply Chain Resiliency Program