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[§ 2362. Repealed. P.L. 103–160, § 821(a)(3), Nov. 30, 1993, 107 Stat. 1704]

[§ 2363. Repealed. Pub. L. 102-484, § 4271(a)(2), Oct. 23, 1992, 106 Stat. 2695]

§ 2364. Coordination and communication of defense research activities 3

(a) COORDINATION OF DEPARTMENT OF DEFENSE TECHNOLOGICAL DATA.-The Secretary of Defense shall promote, monitor, and evaluate programs for the communication and exchange of technological data

(1) among the Defense research facilities, combatant commands, and other organizations that are involved in developing for the Department of Defense the technological requirements for new items for use by combat forces; and

(2) among Defense research facilities and other offices, agencies, and bureaus in the Department that are engaged in related technological matters.

(b) FUNCTIONS OF DEFENSE RESEARCH FACILITIES.-The Secretary of Defense shall ensure, to the maximum extent practicable

(1) that Defense research facilities are assigned broad mission requirements rather than specific hardware needs;

(2) that appropriate personnel of such facilities are assigned to serve as consultants on component and support system standardization;

(3) that the managers of such facilities have broad latitude to choose research and development projects;

(4) that technology position papers prepared by Defense research facilities are readily available to all combatant commands and to contractors who submit bids or proposals for Department of Defense contracts; and

(5) that, in order to promote increased consideraton of technological issues early in the development process, any position paper prepared by a Defense research facility on a technological issue relating to a major weapon system, and any technological assessment made by such facility in the case of such component, is made a part of the records considered for the purpose of making milestone O, milestone I, and milestone II decisions.

(c) DEFINITIONS.-In this section:

(1) The term "Defense research facility" means a Department of Defense facility which performs or contracts for the performance of

* Subsections (a) and (b) of section 234 of the Department of Defense Authorization Act, 1987 (division A of Public Law 99-661), provide:

(a) PURPOSE.-The purpose of this section (adding section 2364 to title 10] is to strengthen coordination among Department of Defense research facilities and other organizations in the Department of Defense.

(b) FINDINGS.-The Congress finds that centralized coordination of the collection and dissemination of technological data among research facilities and other organizations within the Department of Defense is necessary—

(1) to ensure that personnel of the Department are currently informed about emerging technology for defense systems; and

(2) to avoid unnecessary and costly duplication of research staffs and projects.

(A) basic research; or

(B) applied research known as exploratory development.

(2) The term "milestone O decision" means the decision made within the Department of Defense that there is a mission need for a new major weapons system and that research and development is to begin to meet such need.

(3) The term "milestone I decision" means the decision by an appropriate official of the Department of Defense selecting a new major weapon system concept and a program for demonstration and validation of such concept.

(4) The term "milestone II decision" means the decision by an appropriate official of the Department of Defense approving the full-scale development of a new major weapon system.

(Added P.L. 99-661, § 234(c), Nov. 14, 1986, 100 Stat. 3848, and amended P.L. 100–26, § 7(aX9), April 21, 1987, 101 Stat. 278; P.L. 100-180, § 1231(10) (A), (B), Dec. 4, 1987, 101 Stat. 1160.) [§ 2365. Repealed. Pub. L. 102-484, §821(c)(1), Oct. 23, 1992, 106 Stat. 2460]

§ 2366. Major systems and munitions programs: survivability and lethality testing required before full-scale production

(a) REQUIREMENTS. (1) The Secretary of Defense shall provide that

(A) a covered system may not proceed beyond low-rate initial production until realistic survivability testing of the system is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection; and

(B) a major munition program or a missile program may not proceed beyond low-rate initial production until realistic lethality testing of the program is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection.

(2) The Secretary of Defense shall provide that a covered product improvement program may not proceed beyond low-rate initial production until—

(A) in the case of a product improvement to a covered system, realistic survivability testing is completed in accordance with this section; and

(B) in the case of a product improvement to a major munitions program or a missile program, realistic lethality testing is completed in accordance with this section.

(b) TEST GUIDELINES.-(1) Survivability and lethality tests required under subsection (a) shall be carried out sufficiently early in the development phase of the system or program (including a covered product improvement program) to allow any design deficiency demonstrated by the testing to be corrected in the design of the system, munition, or missile (or in the product modification or upgrade to the system, munition, or missile) before proceeding beyond low-rate initial production.

(2) The costs of all tests required under that subsection shall be paid from funds available for the system being tested.

(c) WAIVER AUTHORITY. (1) The Secretary of Defense may waive the application of the survivability and lethality tests of this section to a covered system, munitions program, missile program, or covered product improvement program if the Secretary, before the system or program enters engineering and manufacturing development, certifies to Congress that live-fire testing of such system or program would be unreasonably expensive and impractical. (2) In the case of a covered system (or covered product improvement program for a covered system), the Secretary may waive the application of the survivability and lethality tests of this section to such system or program and instead allow testing of the system or program in combat by firing munitions likely to be encountered in combat at components, subsystems, and subassemblies, together with performing design analyses, modeling and simulation, and analysis of combat data. Such alternative testing may not be carried out in the case of any covered system (or covered product improvement program for a covered system) unless the Secretary certifies to Congress, before the system or program enters engineering and manufacturing development, that the survivability and lethality testing of such system or program otherwise required by this section would be unreasonably expensive and impracticable.

(3) The Secretary shall include with any certification under paragraph (1) or (2) a report explaining how the Secretary plans to evaluate the survivability or the lethality of the system or program and assessing possible alternatives to realistic survivability testing of the system or program.

(4) In time of war or mobilization, the President may suspend the operation of any provision of this section.

(d) REPORTING TO CONGRESS.-At the conclusion of survivability or lethality testing under subsection (a), the Secretary of Defense shall submit a report on the testing to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives. Each such report shall describe the results of the survivability or lethality testing and shall give the Secretary overall assessment of the testing.

(e) DEFINITIONS.-In this section:

(1) The term "covered system" means a vehicle, weapon platform, or conventional weapon system

(A) that includes features designed to provide some de

gree of protection to users in combat; and

(B) that is a major system within the meaning of that

term in section 2302(5) of this title.

(2) The term "major munitions program" means

(A) a munition program for which more than 1,000,000 rounds are planned to be acquired; or

(B) a conventional munitions program that is a major system within the meaning of that term in section 2302(5) of this title.

(3) The term "realistic survivability testing" means, in the case of a covered system (or a covered product improvement program for a covered system), testing for vulnerability of the

system in combat by firing munitions likely to be encountered in combat (or munitions with a capability similar to such munitions) at the system configured for combat, with the primary emphasis on testing vulnerability with respect to potential user casualties and taking into equal consideration the susceptibility to attack and combat performance of the system.

(4) The term "realistic lethality testing" means, in the case of a major munitions program or a missile program (or a covered product improvement program for such a program), testing for lethality by firing the munition or missile concerned at appropriate targets configured for combat.

(5) The term "configured for combat", with respect to a weapon system, platform, or vehicle, means loaded or equipped with all dangerous materials (including all flammables and explosives) that would normally be on board in combat.

(6) The term "covered product improvement program" means a program under which

(A) a modification or upgrade will be made to a covered system which (as determined by the Secretary of Defense) is likely to affect significantly the survivability of such system; or

(B) a modification or upgrade will be made to a major munitions program or a missile program which (as determined by the Secretary of Defense) is likely to affect significantly the lethality of the munition or missile produced under the program.

(Added by identical amendments P.L. 99-500, 99-591, 99-661, §§ 101(c) [§910(a)], 101(c) [§ 910(a)], 910(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-143, 3341-143, 3923, and amended P.L. 100-180, §§ 802, 1231 (11), Dec. 4, 1987, 101 Stat. 1123, 1160; P.L. 101-189, §§ 802(c), 804, Nov. 29, 1989, 103 Stat. 1486, 1488; P.L. 103-160, § 828(d)(2), Nov. 30, 1993, 107 Stat. 1715; P.L. 103–355, § 3014, Oct. 13, 1994, 108 Stat. 3332.)

§ 2367. Use of federally funded research and development centers

(a) LIMITATION ON USE OF CENTERS.-Except as provided in subsection (b), the Secretary of Defense may not place work with a federally funded research and development center unless such work is within the purpose, mission, and general scope of effort of such center as established in the sponsoring agreement of the Department of Defense with such center.

(b) EXCEPTION FOR APPLIED SCIENTIFIC RESEARCH.-This section does not apply to a federally funded research and development center that performs applied scientific research under laboratory conditions.

(c) LIMITATION ON CREATION OF NEW CENTERS.-(1) The head of an agency may not obligate or expend amounts appropriated to the Department of Defense for purposes of operating a federally funded research center that was not in existence before June 2, 1986, until

(A) the head of the agency submits to Congress a report with respect to such center that describes the purpose, mission, and general scope of effort of the center; and

(B) a period of 60 days beginning on the date such report

is received by Congress has elapsed.

(2) In this subsection, the term "head of an agency" has the meaning given such term in section 2302(1) of this title.

(d) IDENTIFICATION TO CONGRESS OF FFRDC WORKLOAD EFFORT. (1) In the documents provided to Congress by the Secretary of Defense in support of the budget submitted by the President under section 1105 of title 31 for any fiscal year, the Secretary shall set forth the proposed amount of the man-years of effort to be funded by the Department of Defense for each federally funded research and development center for the fiscal year covered by that budget.

(2) After the close of a fiscal year, and not later than January 1 of the next year, the Secretary shall submit to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives a report setting forth the actual obligations and the actual man-years of effort expended at each federally funded research and development center during that fiscal year.

(Added by identical amendments P.L. 99-500, 99-591, 99-661, §§ 101(c) [8912(a)], 101(c) [§912(a)], 912(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-146, 3341-146, 3925, and amended P.L. 102–190, § 256(a), Dec. 5, 1991, 105 Stat. 1330.)

[§ 2368. Repealed. P.L. 102-190, 8821(c), Dec. 5, 1991, 105 Stat. 1431]

[§ 2369. Repealed. P.L. 103–355, §3062(a), Oct. 13, 1994, 108 Stat. 3336]

§ 2370. Biological Defense Research Program

(a) ANNUAL REPORT.-The Secretary of Defense shall submit to Congress an annual report on research, development, test, and evaluation conducted by the Department of Defense during the preceding fiscal year for the purposes of biological defense. The report shall be submitted in both classified and unclassified form and shall be submitted each year in conjunction with the submission of the budget to Congress for the next fiscal year.

(b) CONTENTS OF REPORT.-Each report under this section shall provide the following information:

(1) A description of each biological or infectious agent or toxin that was used in, or that was the subject of, research, development, test, and evaluation conducted for the purposes of biological defense during the fiscal year covered by the report and not previously listed in publications of the Centers for Disease Control (CDC).

(2) A description of the biological properties of each such agent.

(3) A statement of the location of each biological defense research facility and the amount spent by the Department of Defense during the fiscal year covered by the report at each such facility for research, development, test, and evaluation for biological defense research.

(4) A statement of the biosafety level used at each such facility in conducting that research, development, test, and evaluation.

(5) A statement that documentation of annual coordination with local health, fire, and police officials for the provision of

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