§ 4123. Mechanisms to provide funds for defense laboratories and test organizations for research and development of technologies for military missions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title II § 220(a) · 131 Stat. 1283

   Enacted · 10 U.S.C. § 4123

   Added Pub. L. 115–91, div. A, title II, § 220(a), Dec. 12, 2017, 131 Stat. 1332, § 2363

   Source evidence

   Code source credit
   Added Pub. L. 115–91, div. A, title II, § 220(a), Dec. 12, 2017, 131 Stat. 1332, § 2363

   Enacted provision · exact public law section
   (a) In General.— Chapter 139 of title 10, United States Code, is amended by inserting after section 2362 the following new section: “§ 2363. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions “(a) Mechanisms to Provide Funds.— (1) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory may use an amount of funds equal to not less than two percent and not more than four percent of all funds available to the defense laboratory for the following purposes: “(A) To fund innovative basic and applied research that is conducted at the defense laboratory and supports military missions. “(B) To fund development programs that support the transition of technologies developed by the defense laboratory into operational use. “(C) To fund workforce development activities that improve the capacity of the defense laboratory to recruit and retain personnel with necessary scientific and engineering expertise that support military missions. “(D) To fund the repair or minor military construction of the laboratory infrastructure and equipment, in accordance with subsection (b). “(2) The mechanisms established under paragraph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the director of a defense laboratory in consultation with the science and technology executive of the military department concerned. “(3) The science and technology executive of a military department may develop policies and guidance to leverage funding and promote cross-laboratory collaboration, including with laboratories of other military departments. “(4) After consultation with the science and technology executive of the military department concerned, the director of a defense laboratory may charge customer activities a fixed percentage fee, in addition to normal costs of performance, in order to obtain funds to carry out activities authorized by this subsection. The fixed fee may not exceed four percent of costs. “(b) Availability of Funds for Infrastructure Projects.— Funds shall be available in accordance with subsection (a)(1)(D) only if— “(1) the Secretary notifies the congressional defense committees of the total cost of the project before the date on which the Secretary uses the mechanism under such subsection for such project; and “(2) the Secretary ensures that the project complies with the applicable cost limitations in— “(A) section 2805(d) of this title, with respect to revitalization and recapitalization projects; and “(B) section 2811 of this title, with respect to repair projects. “(c) Annual Report on Use of Authority.— (1) Not later than March 1 of each year until March 1, 2025, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a) during the preceding year. “(2) Each report under paragraph (1) shall include, with respect to the year covered by the report, the following: “(A) A description of the mechanisms used to provide funding under subsection (a)(1). “(B) A statement of the amount of funding made available to each defense laboratory for research described under such subsection. “(C) A description of the investments made by each defense laboratory using funds under such subsection. “(D) A description and assessment of any improvements in the performance of the defense laboratories as a result of investments under such subsection. “(E) A description and assessment of the contributions to the development of needed military capabilities provided by research using funds under such subsection. “(F) A description of any modification to the mechanisms under subsection (a) that would improve the efficiency of the authority under such subsection to support military missions.” .

2. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title II § 250 · 132 Stat. 1636

   Amended · 10 U.S.C. § 4123(c)

   Pub. L. 115–232 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to annual reports on the use of the authority under subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–232 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to annual reports on the use of the authority under subsec. (a).

   Enacted provision · exact public law section
   SEC. 250. MODIFICATION OF REPORTS ON MECHANISMS TO PROVIDE FUNDS TO DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.   Subsection (c) of section 2363 of title 10, United States Code, is amended to read as follows: “(c) Release and Dissemination of Information on Contributions From Use of Authority to Military Missions.— “(1) Collection of information.— The Secretary shall establish and maintain mechanisms for the continuous collection of information on achievements, best practices identified, lessons learned, and challenges arising in the exercise of the authority in this section. “(2) Release of information.— The Secretary shall establish and maintain mechanisms as follows: “(A) Mechanisms for the release to the public of information on achievements and best practices described in paragraph (1) in unclassified form. “(B) Mechanisms for dissemination to appropriate civilian and military officials of information on achievements and best practices described in paragraph (1) in classified form.” .

3. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1843(b)(1) · 134 Stat. 3388

   Repealed · 10 U.S.C. § 4123

   Pub. L. 116–283, § 1843(b)(1), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2363 of this title as this section. A former section 1843(b)(1) of Pub. L. 116–283, which directed the renumbering of section 2363 of this title as section 4103 instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(4)(A), effective as if included therein, so that such renumbering was no longer directed

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1843(b)(1), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2363 of this title as this section. A former section 1843(b)(1) of Pub. L. 116–283, which directed the renumbering of section 2363 of this title as section 4103 instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(4)(A), effective as if included therein, so that such renumbering was no longer directed.

   Enacted provision · exact public law section
   (1) Transfer to subchapter i.— Section 2363 of title 10, United States Code, is transferred to subchapter I of chapter 305 of such title, as added by subsection (a), inserted after the table of sections at the beginning of such subchapter, and redesignated as section 4103.

   Effective date note
   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.

4. 2025

   Pub. L. 119–60 § 212(1) · 139 Stat. 772

   Inserted · 10 U.S.C. § 4123

   Pub. L. 119–60, § 212(1), inserted “and test organizations” after “defense laboratories” in section catchline

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Pub. L. 119–60, § 212(1), inserted “and test organizations” after “defense laboratories” in section catchline.

5. 2025

   Pub. L. 119–60 § 212(2) · 139 Stat. 772

   Inserted · 10 U.S.C. § 4123(a)

   Pub. L. 119–60, § 212(2), inserted “or test organization” after “laboratory” wherever appearing

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 119–60, § 212(2), inserted “or test organization” after “laboratory” wherever appearing.

6. 2025

   Pub. L. 119–60 § 212(3) · 139 Stat. 772

   Inserted · 10 U.S.C. § 4123(a)(3)

   Pub. L. 119–60, § 212(3), inserted “or test organizations” after “laboratories”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 119–60, § 212(3), inserted “or test organizations” after “laboratories”.

7. 2025

   Pub. L. 119–60 § 212(4) · 139 Stat. 772

   Added · 10 U.S.C. § 4123(d)

   Pub. L. 119–60, § 212(4), added subsec. (d)

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 119–60, § 212(4), added subsec. (d).

3 of 7 references resolved to an enrolled provision · 4 unresolved