10 U.S.C. § 4123 — Mechanisms to provide funds for defense laboratories and test organizations for research and development of technologies for military missions

(a) Funding mechanisms. (1) After consulting the military-department Secretaries, the Secretary of Defense must establish mechanisms allowing a defense laboratory or test organization director to use at least 2 percent and no more than 4 percent of all funds available to that laboratory or organization for (A) innovative basic and applied research supporting military missions; (B) development programs that move its technologies into operational use; (C) workforce development improving recruitment and retention of scientific and engineering personnel supporting military missions; and (D) infrastructure or equipment repair or minor military construction under subsection (b). (2) The director decides how to use this funding in consultation with the concerned military department's science and technology executive. (3) That executive may create policies to leverage funding and encourage cooperation among laboratories, including laboratories of other military departments. (4) After consulting the executive, a director may charge customer activities a fixed fee, in addition to normal performance costs, to fund this subsection's activities. The fee may not exceed 4 percent of costs. (b) Infrastructure funds. Funds may be used under subsection (a)(1)(D) only if (1) before using the mechanism, the Secretary tells the congressional defense committees the project's total cost; and (2) the Secretary ensures compliance with cost limits in (A) section 2805(d), for revitalization and recapitalization projects, and (B) section 2811, for repair projects. (c) Information. (1) The Secretary must continuously collect information about achievements, identified best practices, lessons learned, and challenges from exercising this authority. (2) The Secretary must maintain mechanisms to (A) release unclassified information about achievements and best practices to the public and (B) give appropriate civilian and military officials classified information about those achievements and best practices. (d) Definition. “Test organization” means a test organization of the Major Range and Test Facility Base specified in Department of Defense Directive 3200.11 or a successor directive. This section does not otherwise define the term.