§ 4001. Research and development projects

Pub. L. 115–232, div. A, title II, § 234, Aug. 13, 2018, 132 Stat. 1692, as amended by Pub. L. 116–92, div. A, title II, § 220, Dec. 20, 2019, 133 Stat. 1260; Pub. L. 116–283, div. A, title II, § 214, Jan. 1, 2021, 134 Stat. 3458; Pub. L. 118–31, div. A, title II, § 219, Dec. 22, 2023, 137 Stat. 188, provided that: “(a) Establishment.—The Secretary of Defense shall carry out a quantum information science and technology research and development program. “(b) Purposes.—The purposes of the program required by subsection (a) are as follows:“(1) To ensure global superiority of the United States in quantum information science necessary for meeting national security requirements. “(2) To coordinate all quantum information science and technology research and development within the Department of Defense and to provide for interagency cooperation and collaboration on quantum information science and technology research and development between the Department of Defense and other departments and agencies of the United States and appropriate private sector and international entities that are involved in quantum information science and technology research and development. “(3) To develop and manage a portfolio of fundamental and applied quantum information science and technology and engineering research initiatives that is stable, consistent, and balanced across scientific disciplines. “(4) To accelerate the transition and deployment of technologies and concepts derived from quantum information science and technology research and development into the Armed Forces, and to establish policies, procedures, and standards for measuring the success of such efforts. “(5) To collect, synthesize, and disseminate critical information on quantum information science and technology research and development. “(6) To establish and support appropriate research, innovation, and industrial base, including facilities, workforce, and infrastructure, to support the needs of Department of Defense missions and systems related to quantum information science and technology. “(c) Administration.—In carrying out the program required by subsection (a), the Secretary shall act through the Under Secretary of Defense for Research and Engineering, who shall supervise the planning, management, and coordination of the program. The Under Secretary, in consultation with the Secretaries of the military departments and the heads of participating Defense Agencies and other departments and agencies of the United States, shall—“(1) prescribe a set of long-term challenges and a set of specific technical goals for the program, including—“(A) optimization of analysis of national security data sets; “(B) development of defense related quantum computing algorithms; “(C) design of new materials and molecular functions; “(D) secure communications and cryptography, including development of quantum communications protocols; “(E) quantum sensing and metrology; “(F) development of mathematics relating to quantum enhancements to sensing, communications, and computing; and “(G) processing and manufacturing of low-cost, robust, and reliable quantum information science and technology-enabled devices and systems; “(2) develop a coordinated and integrated research and investment plan for meeting the near-, mid-, and long-term challenges with definitive milestones while achieving the specific technical goals that builds upon the Department’s increased investment in quantum information science and technology research and development, commercial sector and global investments, and other United States Government investments in the quantum information sciences, including through consultation with—“(A) the National Quantum Coordination Office; “(B) the subcommittee on Quantum Information Science of the National Science and Technology Council; “(C) other organizations and elements of the Department of Defense; “(D) other Federal agencies; and “(E) appropriate private sector organizations; “(3) in consultation with the entities listed in paragraph (2), develop plans for—“(A) the development of the quantum information science and technology workforce; “(B) enhancing awareness of quantum information science and technology; “(C) reducing the risk of cybersecurity threats posed by quantum information science technology; and “(D) development of ethical guidelines for the use of quantum information science technology; “(4) in consultation with the National Institute of Standards and Technology and other appropriate Federal entities, develop a quantum information science taxonomy and standards and requirements for quantum information technology; “(5) support efforts to increase the technology readiness level of quantum information science technologies under development in the United States; “(6) not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], develop and continuously update guidance, including classification and data management plans for defense-related quantum information science and technology activities, and policies for control of personnel participating on such activities to minimize the effects of loss of intellectual property in basic and applied quantum information science and information considered sensitive to the leadership of the United States in the field of quantum information science and technology; and “(7) develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for carrying out the program under subsection (a). “(d) Quantum Information Science Research Centers.—The Secretary of each military department may establish or designate a defense laboratory or establish activities to engage with appropriate public and private sector organizations, including academic organizations, to enhance and accelerate the research, development, and deployment of quantum information sciences and quantum information science-enabled technologies and systems. The Secretary of Defense shall ensure that not less than one such laboratory or center is established or designated. “(e) Use of Quantum Computing Capabilities.—The Secretary of each military department shall—“(1) develop and annually update a list of technical problems and research challenges which are likely to be addressable by quantum computers available for use within in the next one to three years, with a priority for technical problems and challenges where quantum computing systems have performance advantages over traditional computing systems, in order to enhance the capabilities of such quantum computers and support the addressing of relevant technical problems and research challenges; and “(2) establish programs and enter into agreements with appropriate medium and small businesses with functional quantum computing capabilities to provide such private sector capabilities to government, industry, and academic researchers working on relevant technical problems and research activities. “(f) Fellowships.—“(1) Program authorized.—In carrying out the program under subsection (a) and subject to the availability of appropriations to carry out this subsection, the Secretary may carry out a program of fellowships in quantum information science and technology research and development for individuals who have a graduate or postgraduate degree. “(2) Equal access.—In carrying out the program under paragraph (1), the Secretary may establish procedures to ensure that minority, geographically diverse, and economically disadvantaged students have equal access to fellowship opportunities under such program. “(g) Multidisciplinary Partnerships With Universities.—In carrying out the program under subsection (a), the Secretary of Defense may develop partnerships with universities to enable students to engage in multidisciplinary courses of study. “(h) Report.—“(1) In general.—Not later than December 31, 2020, 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 program, in both classified and unclassified format. “(2) Elements.—The report required by paragraph (1) shall include the following:“(A) A description of the knowledge-base of the Department with respect to quantum information sciences, plans to defend against quantum based attacks, and any plans of the Secretary to enhance such knowledge-base. “(B) A plan that describes how the Secretary intends to use quantum information sciences for military applications and to meet other needs of the Department, including a discussion of likely impacts of quantum information science and technology on military capabilities. “(C) An assessment of the efforts of foreign powers to use quantum information sciences for military applications and other purposes. “(D) A description of the activities carried out in accordance with this section, including, for each such activity—“(i) a roadmap for the activity; “(ii) a summary of the funding provided for the activity; and “(iii) an estimated timeline for the development and military deployment of quantum technologies supported through the activity. “(E) A description of the efforts of the Department of Defense to update classification and cybersecurity practices relating to quantum technology, including—“(i) security processes and requirements for engagement with allied countries; and “(ii) a plan for security-cleared government and contractor workforce development. “(F) Such other matters as the Secretary considers appropriate.”

Initiative To Support Protection of National Security Academic Researchers From Undue Influence and Other Security Threats

Pub. L. 118–31, div. A, title XII, § 1224(b), Dec. 22, 2023, 137 Stat. 455, provided that: “The Secretary of Defense shall develop the policies required by paragraph (7) of section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 [Pub. L. 115–232] (10 U.S.C. 4001 note), as added by subsection (a)(1)(B), by not later than June 1, 2024.”

Pub. L. 115–232, div. A, title XII, § 1286, Aug. 13, 2018, 132 Stat. 2078, as amended by Pub. L. 116–92, div. A, title XII, § 1281, Dec. 20, 2019, 133 Stat. 1704; Pub. L. 116–283, div. A, title X, § 1081(d)(6), title XII, § 1299C, Jan. 1, 2021, 134 Stat. 3874, 3999; Pub. L. 118–31, div. A, title XII, §§ 1223(a), 1224(a), Dec. 22, 2023, 137 Stat. 453, 454; Pub. L. 118–159, div. A, title II, § 226, Dec. 23, 2024, 138 Stat. 1831, provided that: “(a) Initiative Required.—The Secretary of Defense shall, in consultation with other appropriate government organizations, establish an initiative to work with institutions of higher education who perform defense research and engineering activities—“(1) to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security; “(2) to limit undue influence, including through foreign talent programs, by countries to exploit United States technology within the Department of Defense research, science and technology, and innovation enterprise; “(3) to limit academic institutions identified on the list developed under subsection (c)(8)(A) [now (c)(9)(A)] from benefitting from funding provided by the Department of Defense to United States academic institutions; and “(4) to support efforts toward development of domestic talent in relevant scientific and engineering fields. “(b) Institutions and Organizations.—The initiative required by subsection (a) shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations. “(c) Requirements.—The initiative required by subsection (a) shall include development of the following:“(1) Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise. “(2) Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies, and other support to institutions of higher education, to promote security and limit undue influence on institutions of higher education and personnel, including Department of Defense financial support to carry out such activities, that—“(A) emphasizes best practices for protection of sensitive national security information; “(B) includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education, including specific counterintelligence information and advice developed specifically for faculty and academic researchers based on actual identified threats; and “(C) includes requirements for appropriate senior officials of institutions of higher education to receive from appropriate Government agencies updated and periodic briefings that describe the espionage risks to academic institutions and associated personnel posed by technical intelligence gathering activities of near-peer strategic competitors. “(3) The capacity of Government agencies and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs. “(4) Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against foreign intelligence services. “(5) Regulations and procedures—“(A) for Government agencies and academic organizations and personnel to support the goals of the initiative; and “(B) that are consistent with policies that protect open and scientific exchange in fundamental research. “(6) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs. “(7) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly contract or make other financial arrangements with entities identified in the list described in paragraph (9), which policies shall include—“(A) use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any contractual or financial connections with such entities; “(B) a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance; “(C) the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list; “(D) a requirement that each awardee of funding provided by the Department shall disclose to the Department any contract or financial arrangement made with such an entity during the period of the award; and “(E) a requirement that each awardee of funding provided by the Department shall provide to the Department an annual certification of compliance with policies promulgated pursuant to this paragraph; [sic; the semicolon probably should be a period] “(8) Initiatives to support the transition of the results of institution of higher education research programs into defense capabilities. “(9)(A) A list of academic institutions of the People’s Republic of China, the Russian Federation, and other countries that—“(i) have a history of improper technology transfer, intellectual property theft, or cyber or human espionage; “(ii) operate under the direction of the military forces or intelligence agency of the applicable country; “(iii) are known—“(I) to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts; or “(II) to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; or “(iv) pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available. “(B) The list described in subparagraph (A) shall be developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations. “(10)(A) A list, developed and continuously updated in consultation with the National Academies of Science, Engineering, and Medicine and the appropriate Government agencies, of foreign talent programs that pose a threat to the national security interests of the United States, as determined by the Secretary. “(B) In developing and updating such list, the Secretary shall consider—“(i) the extent to which a foreign talent program—“(I) poses a threat to research funded by the Department of Defense; and “(II) engages in, or facilitates, cyber attacks, theft, espionage, attempts to gain ownership of or influence over companies, or otherwise interferes in the affairs of the United States; and “(ii) any other factor the Secretary considers appropriate. “(11) Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the initiative, which measures shall include—“(A) the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets; “(B) current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and “(C) the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence. “(d) Procedures for Enhanced Information Sharing.—“(1) Collection of information.—“(A) Defense research and development activities.—Not later than October 1, 2020, for the purpose of maintaining appropriate security controls over research activities, technical information, and intellectual property, the Secretary, in conjunction with appropriate public and private entities, shall establish streamlined procedures to collect appropriate information relating to individuals, including United States citizens and foreign nationals, who participate in defense research and development activities. “(B) Fundamental research programs.—With respect to fundamental research programs, the academic liaison designated under subsection (h) shall establish policies and procedures to collect, consistent with the best practices of Government agencies that fund academic research, appropriate information relating to individuals who participate in fundamental research programs. “(2) Protection from release.—The procedures required by paragraph (1) shall include procedures to protect such information from release, consistent with applicable regulations. “(3) Reporting to government information systems and repositories.—The procedures required by paragraph (1) may include procedures developed, in coordination with appropriate public and private entities, to report such information to existing Government information systems and repositories. “(e) Annual Reviews Required.—Not later than March 30, 2025, and not later than March 30 of each year thereafter—“(1) each head of a Department of Defense component that awards grants for research shall carry out a review of a representative sample of the research grants awarded by the respective component in the previous fiscal year to ensure that the component is awarding grants in compliance with the applicable policies of the Department of Defense; and “(2) the Under Secretary of Defense for Research and Engineering shall carry out a separate review of a representative sample of the research grants awarded by such components in the previous fiscal year. “(f) Annual Report.—“(1) In general.—Not later than April 30, 2020, and annually thereafter, the Secretary, acting through appropriate Government officials (including the Under Secretary for Research and Engineering), 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 activities carried out under the initiative required by subsection (a) and on the periodic reviews conducted pursuant to subsection (e). “(2) Contents.—The report required by paragraph (1) shall include the following:“(A) With respect to the activities carried out under the initiative required by subsection (a), the following:“(i) A description of the activities conducted and the progress made under the initiative. “(ii) The findings of the Secretary with respect to the initiative. “(iii) Such recommendations as the Secretary may have for legislative or administrative action relating to the matters described in subsection (a), including actions related to foreign talent programs. “(iv) Identification and discussion of the gaps in legal authorities that need to be improved to enhance the security of research institutions of higher education performing defense research. “(v) A description of the actions taken by such institutions to comply with such best practices and guidelines as may be established by under the initiative. “(vi) Identification of any incident relating to undue influence to security threats to academic research activities funded by the Department of Defense, including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education. “(vii) A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the initiative. “(B) With respect to the periodic reviews conducted pursuant to subsection (e), the following:“(i) The total number of research grants awarded by the Department in the fiscal year covered by the reviews. “(ii) The number of reviews carried out pursuant to subsection (e)(1). “(iii) The number of reviews carried out pursuant to subsection (e)(2). “(iv) A description of the processes by which the heads of the components described in paragraph (1) of subsection (e) and the Under Secretary of Defense for Research and Engineering conducted the reviews under such subsection. “(v) An assessment of issues identified during the reviews carried out under subsection (e), including a list of grants that were identified as having not been awarded in compliance with applicable policies of the Department of Defense. “(3) Form.—The report submitted under paragraph (1) shall be submitted in both unclassified and classified formats, as appropriate. “(g) Publication of Updated Lists.—“(1) Submittal to congress.—Not later than January 1, 2021, and annually thereafter, the Secretary shall submit to the congressional defense committees the most recently updated lists described in paragraphs (8) and (9) of subsection (c). “(2) Form.—Each list submitted under paragraph (1) shall be submitted in unclassified form but may include a classified annex. “(3) Public availability.—Each list submitted under paragraph (1) shall be published on a publicly accessible internet website of the Department of Defense in a searchable format. “(4) Intervening submittal and publication.—The Secretary may submit and publish an updated list described in paragraph (1) more frequently than required by that paragraph, as the Secretary considers necessary. “(h) Designation of Academic Liaison.—“(1) In general.—Not later than 180 days after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 [Pub. L. 116–283; approved Jan. 1, 2021], the Secretary, acting through the Under Secretary of Defense for Research and Engineering, shall designate an academic liaison with principal responsibility for working with the academic and research communities to protect Department-sponsored academic research of concern from undue foreign influence and threats. “(2) Qualification.—The Secretary shall designate an individual under paragraph (1) who is an official of the Office of the Under Secretary of Defense for Research and Engineering. “(3) Duties.—The duties of the academic liaison designated under paragraph (1) shall be as follows:“(A) To serve as the liaison of the Department with the academic and research communities. “(B) To execute initiatives of the Department related to the protection of Department-sponsored academic research of concern from undue foreign influence and threats, including the initiative required by subsection (a). “(C) To conduct outreach and education activities for the academic and research communities on undue foreign influence and threats to Department-sponsored academic research of concern. “(D) To coordinate and align academic security policies with Department component agencies, the Office of Science and Technology Policy, the intelligence community, and appropriate Federal agencies. “(E) To the extent practicable, to coordinate with the intelligence community to share, not less frequently than annually, with the academic and research communities unclassified information, including counterintelligence information, on threats from undue foreign influence. “(F) Any other related responsibility, as determined by the Secretary in consultation with the Under Secretary of Defense for Research and Engineering. “(i) Institution of Higher Education Defined.—The term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”

Mechanisms for Expedited Access to Technical Talent and Expertise at Academic Institutions To Support Department of Defense Missions

Pub. L. 115–91, div. A, title II, § 217, Dec. 12, 2017, 131 Stat. 1328, as amended by Pub. L. 115–232, div. A, title II, §§ 228, 236, Aug. 13, 2018, 132 Stat. 1687, 1694; Pub. L. 116–92, div. A, title II, § 218, Dec. 20, 2019, 133 Stat. 1259; Pub. L. 116–283, div. A, title II, § 244, Jan. 1, 2021, 134 Stat. 3488; Pub. L. 117–81, div. A, title II, § 218, Dec. 27, 2021, 135 Stat. 1597, provided that: “(a) Arrangements Authorized.—“(1) In general.—Not later than 180 days after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 [Pub. L. 116–283; approved Jan. 1, 2021], the Secretary of Defense shall direct the secretaries of the military departments to establish not fewer than four multi-institution task order contracts, consortia, cooperative agreements, or other arrangements to facilitate expedited access to university technical expertise, including faculty, staff, and students, in support of Department of Defense missions in the areas specified in subsection (e). “(2) Coordination.—In carrying out paragraph (1), the Secretary of Defense may act through the Defense Advanced Research Projects Agency or any other organization or element of the Department of Defense the Secretary considers appropriate. “(3) Use for technical analyses and engineering support.—The Secretary may use an arrangement under paragraph (1) to fund technical analyses and other engineering support as required to address acquisition, management, training, and operational challenges, including support for classified programs and activities. “(b) Limitation.—An arrangement established under subsection (a)(1) may not be used to fund research programs that can be executed through other Department of Defense basic research activities. “(c) Consultation With Other Organizations.—For the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center. “(d) Policies and Procedures.—If the Secretary of Defense or a secretary of a military department establishes one or more arrangements under subsection (a)(1), the Secretary of Defense shall establish and implement policies and procedures to govern—“(1) selection of participants in the arrangement or arrangements; “(2) the awarding of task orders under the arrangement or arrangements; “(3) maximum award size for tasks under the arrangement or arrangements; “(4) the appropriate use of competitive awards and sole source awards under the arrangement or arrangements; and “(5) technical areas under the arrangement or arrangements. “(e) Mission Areas.—The areas specified in this subsection are as follows:“(1) Cybersecurity. “(2) Air and ground vehicles. “(3) Shipbuilding. “(4) Explosives detection and defeat. “(5) Undersea warfare. “(6) Trusted electronics. “(7) Unmanned systems. “(8) Directed energy. “(9) Energy, power, and propulsion. “(10) Management science and operations research. “(11) Artificial intelligence. “(12) Data analytics. “(13) Business systems. “(14) Technology transfer and transition. “(15) Biological engineering and genetic enhancement. “(16) High performance computing. “(17) Materials science and engineering. “(18) Quantum information sciences. “(19) Special operations activities. “(20) Modeling and simulation. “(21) Autonomous systems. “(22) Model based engineering. “(23) Space. “(24) Infrastructure resilience. “(25) Photonics. “(26) Autonomy. “(27) Rapid prototyping. “(28) Additive manufacturing. “(29) Hypersonics. “(30) 3D and virtual technology training platforms. “(31) Nuclear science, security, and nonproliferation. “(32) Chemical, biological, radiological, and nuclear defense. “(33) Spectrum activities. “(34) Research security and integrity. “(35) Printed circuit boards. “(36) Such other areas as the Secretary considers appropriate. “(f) Requirement To Establish Consortia.—“(1) In general.—In carrying out subsection (a)(1)—“(A) the Secretary of Defense shall seek to establish at least one multi-institution consortium through the Office of the Secretary of Defense; “(B) the Secretary of the Army shall seek to establish at least one multi-institution consortium through the Army; “(C) the Secretary of the Navy shall seek to establish at least one multi-institution consortium through the Navy; and “(D) the Secretary of the Air Force shall seek to establish at least one multi-institution consortium through the Air Force. “(2) Report required.—Not later than September 30, 2022, the Secretary of Defense 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 status of the efforts to establish consortia under paragraph (1). “(g) Sunset.—No new arrangements may be entered into under subsection (a)(1) after September 30, 2028. “(h) Arrangements Established Under Subsection (a)(1) Defined.—In this section, the term ‘arrangement established under subsection (a)(1)’ means a multi-institution task order contract, consortia, cooperative agreement, or other arrangement established under subsection (a)(1).”

Information Operations and Engagement Technology Demonstrations

Pub. L. 114–92, div. A, title X, § 1056, Nov. 25, 2015, 129 Stat. 984, which authorized the Secretary of Defense to carry out a series of technology demonstrations to assess innovative new technologies for information operations and information engagement to support the operational and strategic requirements of the commanders of the geographic and functional combatant commands, was repealed by Pub. L. 118–159, div. A, title VIII, § 811(a)(1)(D), Dec. 23, 2024, 138 Stat. 1979.

Inclusion of Women and Minorities in Clinical Research Projects

Pub. L. 103–160, div. A, title II, § 252, Nov. 30, 1993, 107 Stat. 1607, provided that: “(a) General Rule.—In conducting or supporting clinical research, the Secretary of Defense shall ensure that—“(1) women who are members of the Armed Forces are included as subjects in each project of such research; and “(2) members of minority groups who are members of the Armed Forces are included as subjects of such research. “(b) Waiver Authority.—The requirement in subsection (a) regarding women and members of minority groups who are members of the Armed Forces may be waived by the Secretary of Defense with respect to a project of clinical research if the Secretary determines that the inclusion, as subjects in the project, of women and members of minority groups, respectively—“(1) is inappropriate with respect to the health of the subjects; “(2) is inappropriate with respect to the purpose of the research; or “(3) is inappropriate under such other circumstances as the Secretary of Defense may designate. “(c) Requirement for Analysis of Research.—In the case of a project of clinical research in which women or members of minority groups will under subsection (a) be included as subjects of the research, the Secretary of Defense shall ensure that the project is designed and carried out so as to provide for a valid analysis of whether the variables being tested in the research affect women or members of minority groups, as the case may be, differently than other persons who are subjects of the research.”

University Research Initiative Support Program

Pub. L. 103–160, div. A, title VIII, § 802, Nov. 30, 1993, 107 Stat. 1701, as amended by Pub. L. 104–106, div. A, title II, § 275, Feb. 10, 1996, 110 Stat. 241; Pub. L. 104–201, div. A, title II, § 263, Sept. 23, 1996, 110 Stat. 2465; Pub. L. 112–239, div. A, title X, § 1076(c)(2)(E), Jan. 2, 2013, 126 Stat. 1950, provided that: “(a) Establishment.—The Secretary of Defense, through the Assistant Secretary of Defense for Research and Engineering, may establish a University Research Initiative Support Program. “(b) Purpose.—Under the program, the Assistant Secretary may award grants and contracts to eligible institutions of higher education to support the conduct of research and development relevant to requirements of the Department of Defense. “(c) Eligibility.—An institution of higher education is eligible for a grant or contract under the program if the institution has received less than a total of $2,000,000 in grants and contracts from the Department of Defense in the two most recent fiscal years for which complete statistics are available when proposals are requested for such grant or contract. “(d) Competition Required.—The Assistant Secretary shall use competitive procedures in awarding grants and contracts under the program. “(e) Selection Process.—In awarding grants and contracts under the program, the Assistant Secretary shall use a merit-based selection process that is consistent with the provisions of section 2361(a) of title 10 [now 10 U.S.C. 4141(a)], United States Code. “(f) Regulations.—The Assistant Secretary shall prescribe regulations for carrying out the program. “(g) Funding.—Of the amounts authorized to be appropriated under section 201 [107 Stat. 1583], $20,000,000 shall be available for the University Research Initiative Support Program.”

Campuses Barring Military Recruiters; Cessation of Payments; Notification of Secretary of Defense

Pub. L. 92–436, title VI, § 606, Sept. 29, 1972, 86 Stat. 740, provided that: “(a) No part of the funds appropriated pursuant to this or any other Act for the Department of Defense or any of the Armed Forces may be used at any institution of higher learning if the Secretary of Defense or his designee determines that recruiting personnel of any of the Armed Forces of the United States are being barred by the policy of such institution from the premises of the institution: except in a case where the Secretary of the service concerned certifies to the Congress in writing that a specific course of instruction is not available at any other institution of higher learning and furnishes to the Congress the reasons why such course of instruction is of vital importance to the security of the United States. “(b) The prohibition made by subsection (a) of this section as it applies to research and development funds shall not apply if the Secretary of Defense or his designee determines that the expenditure is a continuation or a renewal of a previous program with such institution which is likely to make a significant contribution to the defense effort. “(c) The Secretaries of the military departments shall furnish to the Secretary of Defense or his designee within 60 days after the date of enactment of this Act [Sept. 29, 1972] and each January 31 and June 30 thereafter the names of any institution of higher learning which the Secretaries determine on such dates are affected by the prohibitions contained in this section.”

Similar provisions were contained in the following prior authorization acts:

Pub. L. 92–156, title V, § 502, Nov. 17, 1971, 85 Stat. 427.

Pub. L. 91–441, title V, § 510, Oct. 7, 1970, 84 Stat. 914.