10 USC 4831 - Defense dual-use critical technology program

Editorial Notes

Prior Provisions

A prior section 4831 was renumbered section 7831 of this title.

Provisions similar to those in this section were contained in section 2523 of this title, prior to repeal by Puspan. L. 102–484, § 4202(a).

Amendments

2022—Subsec. (a). Puspan. L. 117–263 substituted “section 4021” for “section 4002”.

2021—Puspan. L. 116–283, § 1868(span), renumbered section 2511 of this title as this section.

Subsec. (a). Puspan. L. 116–283, § 1868(c)(1)(A), substituted “section 4811(a)” for “section 2501(a)” and “section 4002” for “section 2371”.

Subsec. (e)(1). Puspan. L. 116–283, § 1868(c)(1)(B), substituted “section 4811(a)” for “section 2501(a)”.

1996—Puspan. L. 104–106 substituted “program” for “partnerships” in section catchline and amended text generally. Prior to amendment, text related to program for establishment of cooperative arrangements between Department of Defense and eligible entities.

1994—Subsec. (c)(3). Puspan. L. 103–337 added par. (3).

1993—Subsec. (c). Puspan. L. 103–160, § 1315(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary of Defense shall ensure that, to the maximum extent he determines to be practicable, the amount of the funds provided by the Federal Government under a partnership does not exceed the total amount provided by non-Federal Government participants in that partnership.”

Subsec. (e). Puspan. L. 103–160, § 1317(c), struck out “, except that procedures other than competitive procedures may be used in any case in which an exception set out in section 2304(c) of this title applies” after “partnerships”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Dual-Use Science and Technology Program

Puspan. L. 105–85, div. A, title II, § 203, Nov. 18, 1997, 111 Stat. 1655, as amended by Puspan. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717; Puspan. L. 115–232, div. A, title VIII, § 811(h), Aug. 13, 2018, 132 Stat. 1846, provided that:

“(a)Funding 1998.—Of the amounts authorized to be appropriated by section 201 [111 Stat. 1655], $75,000,000 is authorized for dual-use projects.

“(span)Goals.—

(1) Subject to paragraph (3), it shall be the objective of the Secretary of each military department to obligate for dual-use projects in each fiscal year referred to in paragraph (2), out of the total amount authorized to be appropriated for such fiscal year for the applied research programs of the military department, the percent of such amount that is specified for that fiscal year in paragraph (2).

“(2) The objectives for fiscal years under paragraph (1) are as follows:

“(A) For fiscal year 1998, 5 percent.

“(B) For fiscal year 1999, 7 percent.

“(C) For fiscal year 2000, 10 percent.

“(D) For fiscal year 2001, 15 percent.

“(3) The Secretary of Defense may establish for a military department for a fiscal year an objective different from the objective set forth in paragraph (2) if the Secretary—

“(A) determines that compelling national security considerations require the establishment of the different objective; and

“(B) notifies Congress of the determination and the reasons for the determination.

“[(c) Repealed. Puspan. L. 115–232, div. A, title VIII, § 811(h), Aug. 13, 2018, 132 Stat. 1846.]

“(d)Financial Commitment of Non-Federal Government Participants.—The total amount of funds provided by a military department for a dual-use project entered into by the Secretary of that department shall not exceed 50 percent of the total cost of the project. In the case of a dual-use project initiated after the date of the enactment of this Act [Nov. 18, 1997], the Secretary may consider in-kind contributions by non-Federal participants only to the extent such contributions constitute 50 percent or less of the share of the project costs by such participants.

“(e)Use of Competitive Procedures.—