United States Congress, NDAA 2018 Sec. 211-212 , September 18, 2017. Unclassified.

56 1 SEC. 142. AUTHORITY FOR EXPLOSIVE ORDNANCE DIS- 2 POSAL UNITS TO ACQUIRE NEW OR EMERG- 3 ING TECHNOLOGIES AND CAPABILITIES. 4 The Secretary of Defense may provide Explosive Ord- 5 nance Disposal (EOD) units with the authority to acquire 6 new or emerging EOD technologies and capabilities that are 7 not specifically listed on the Table of Allowance (TOA) or 8 Table of Equipment (TOE). 9 TITLE II—RESEARCH, DEVELOP- 10 MENT, TEST, AND EVALUA- 11 TION 12 Subtitle A—Authorization of 13 Appropriations 14 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 15 Funds are hereby authorized to be appropriated for fis- 16 cal year 2018 for the use of the Department of Defense for 17 research, development, test, and evaluation as specified in 18 the funding table in section 4201. 19 Subtitle B—Program Requirements, 20 Restrictions, and Limitations 21 SEC. 211. MECHANISMS FOR EXPEDITED ACCESS TO TECH- 22 NICAL TALENT AND EXPERTISE AT ACADEMIC 23 INSTITUTIONS TO SUPPORT DEPARTMENT OF 24 DEFENSE MISSIONS. 25 (a) ARRANGEMENTS AUTHORIZED.—

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57 1 (1) IN GENERAL.—The Secretary of Defense may 2 establish one or more multi-institution task order con- 3 tracts, consortia, cooperative agreements, or other ar- 4 rangements to facilitate expedited access to university 5 technical expertise, including faculty, staff, and stu- 6 dents, in support of Department of Defense missions 7 in the areas specified in subsection (e). 8 (2) USE FOR TECHNICAL ANALYSES AND ENGI- 9 NEERING SUPPORT.—The Secretary may use an ar- 10 rangement under paragraph (1) to fund technical 11 analyses and other engineering support as required to 12 address acquisition and operational challenges, in- 13 cluding support for classified programs and activities. 14 (3) PERFORMANCE BY DESIGNATED UNIVERSITY 15 PERFORMER.—The Secretary shall ensure that work 16 awarded through an arrangement under paragraph 17 (1) is performed primarily by the designated univer- 18 sity performer. 19 (b) LIMITATION.—An arrangement established under 20 subsection (a)(1) may not be used to fund research pro- 21 grams that can be executed through other Department of 22 Defense basic research activities. 23 (c) CONSULTATION WITH OTHER DEPARTMENT OF 24 DEFENSE ACTIVITIES.—An arrangement established under 25 subsection (a)(1) shall, to the degree practicable, be made

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58 1 in consultation with other Department of Defense activities, 2 including federally funded research and development centers 3 (FFRDCs), university affiliated research centers (UARCs), 4 and Defense laboratories and test centers, for purposes of 5 providing technical expertise and reducing costs and dupli- 6 cative efforts. 7 (d) POLICIES AND PROCEDURES.—If the Secretary es- 8 tablishes one or more arrangements under subsection (a)(1), 9 the Secretary shall establish and implement policies and 10 procedures to govern— 11 (1) selection of participants in the arrangement 12 or arrangements; 13 (2) the awarding of task orders under the ar- 14 rangement or arrangements; 15 (3) maximum award size for tasks under the ar- 16 rangement or arrangements; 17 (4) the appropriate use of competitive awards 18 and sole source awards under the arrangement or ar- 19 rangements; and 20 (5) technical areas under the arrangement or ar- 21 rangements. 22 (e) MISSION AREAS.—The areas specified in this sub- 23 section are as follows: 24 (1) Cybersecurity. 25 (2) Air and ground vehicles.

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59 1 (3) Shipbuilding. 2 (4) Explosives detection and defeat. 3 (5) Undersea warfare. 4 (6) Trusted electronics. 5 (7) Unmanned systems. 6 (8) Directed energy. 7 (9) Energy, power, and propulsion. 8 (10) Management science and operations re- 9 search. 10 (11) Artificial intelligence. 11 (12) Data analytics. 12 (13) Business systems. 13 (14) Technology transfer and transition. 14 (15) Biological engineering and genetic enhance- 15 ment. 16 (16) High performance computing. 17 (17) Materials science and engineering. 18 (18) Quantum information sciences. 19 (19) Special operations activities. 20 (20) Modeling and simulation. 21 (21) Autonomous systems. 22 (22) Model based engineering. 23 (23) Such other areas as the Secretary considers 24 appropriate.

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60 1 (f) SUNSET.—The authorities under this section shall 2 expire on September 30, 2020. 3 (g) ARRANGEMENTS ESTABLISHED UNDER SUB- 4 SECTION (A)(1) DEFINED.—In this section, the term “ar- 5 rangement established under subsection (a)(1)” means a 6 multi-institution task order contract, consortia, cooperative 7 agreement, or other arrangement established under sub- 8 section (a)(1). 9 SEC. 212. CODIFICATION AND ENHANCEMENT OF AUTHORI- 10 TIES TO PROVIDE FUNDS FOR DEFENSE LAB- 11 ORATORIES FOR RESEARCH AND DEVELOP- 12 MENT OF TECHNOLOGIES FOR MILITARY MIS- 13 SIONS. 14 (a) IN GENERAL.—Chapter 139 of title 10, United 15 States Code, is amended by inserting after section 2362 the 16 following new section: 17 “§2363. Mechanisms to provide funds for defense lab- 18 oratories for research and development of 19 technologies for military missions 20 “(a) MECHANISMS TO PROVIDE FUNDS.—(1) The Sec- 21 retary of Defense, in consultation with the Secretaries of 22 the military departments, shall establish mechanisms under 23 which the director of a defense laboratory may use an 24 amount of funds equal to not less than two percent and †HR 2810 PAP

61

1 not more than four percent of all funds available to the de-
2 fense laboratory for the following purposes:
3 “(A) To fund innovative basic and applied re-
4 search that is conducted at the defense laboratory and
5 supports military missions.
6 “(B) To fund development programs that sup-
7 port the transition of technologies developed by the de-
8 fense laboratory into operational use.
9 “(C) To fund workforce development activities
10 that improve the capacity of the defense laboratory to
11 recruit and retain personnel with necessary scientific
12 and engineering expertise that support military mis-
13 sions.
14 “(D) To fund the revitalization recapitalization,
15 or minor military construction of the laboratory in-
16 frastructure and equipment, in accordance with sub-
17 section (b).
18 “(2) The mechanisms established under paragraph (1)
19 shall provide that funding shall be used under paragraph
20 (1) at the discretion of the director of a defense laboratory
21 in consultation with the science and technology executive
22 of the military department concerned.
23 “(3) After consultation with the science and technology
24 executive of the military department concerned, the director
25 of a defense laboratory may charge customer activities a

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62 1 fixed percentage fee, in addition to normal costs of perform- 2 ance, in order to obtain funds to carry out activities author- 3 ized by this subsection. The fixed fee may not exceed four 4 percent of costs. 5 “(b) AVAILABILITY OF FUNDS FOR INFRASTRUCTURE 6 PROJECTS.—(1) Subject to the provisions of this subsection, 7 funds available under a mechanism under subsection 8 (a)(1)(D) that are solely intended to carry out a laboratory 9 infrastructure project shall be available for such project 10 until expended. 11 “(2) Funds shall be available in accordance with para- 12 graph (1) for a project referred to in such paragraph only 13 if the Secretary notifies the congressional defense commit- 14 tees of the total cost of the project before the date on which 15 the Secretary uses a mechanism under subsection (a)(1)(D) 16 for such project. 17 “(3) Funds may accumulate under a mechanism 18 under subsection (a) for a project referred to in paragraph 19 (1) for not more than five years. 20 “(4) The Secretary shall ensure that a project referred 21 to in paragraph (1) for which funds are made available 22 in accordance with such paragraph complies with the ap- 23 plicable cost limitations in the following provisions of law: 24 “(A) Section 2805(d) of this title, with respect to 25 revitalization and recapitalization projects.

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63 “(B) Section 2811 of this title, with respect to repair projects. “(C) Section 2802 of this title, with respect to construction projects that exceed the cost specified in subsection (a)(2) of section 2805 of this title for certain unspecified minor military construction projects for laboratories. “(c) ANNUAL REPORT ON USE OF AUTHORITY.—Not later than March 1 of each year, 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.”. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2362 the following new item: “2363. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.”. (c) CONFORMING AMENDMENTS.—(1) Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note), is hereby repealed. (2) Section 2805(d)(1)(B) of title 10, United States Code, is amended by striking “under section 219(a) of the Duncan Hunter National Defense Authorization Act for † HR 2810 PAP

64 1 Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 2 note)” and inserting “section 2363(a) of this title”. 3 SEC. 213. MODIFICATION OF LABORATORY QUALITY EN- 4 HANCEMENT PROGRAM. 5 (a) IN GENERAL.—Section 211 of the National Defense 6 Authorization Act for Fiscal Year 2017 (Public Law 114– 7 328) is amended— 8 (1) in subsection (a)(1)— 9 (A) in subparagraph (A), by striking “; 10 and” and inserting a semicolon; 11 (B) in subparagraph (B), by striking the 12 semicolon and inserting “; and”; and 13 (C) by adding at the end the following new 14 subparagraph: 15 “(C) new interpretations of existing statutes 16 and regulations that would enhance the ability of 17 a director of a science and technology reinven- 18 tion laboratory to manage the facility and dis- 19 charge the mission of the laboratory;”; 20 (2) in subsection (d), by adding at the end the 21 following new paragraph: 22 “(3)(A) Each panel described in paragraph (1), (2), 23 or (3) of subsection (b) shall submit to the panel described 24 in paragraph (4) of such subsection (relating to governance 25 and oversight processes) the following:

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