--- kind: "section" citation: "10 U.S.C. § 4010" title: "10" title_heading: "Armed Forces" number: "4010" heading: "Defense Established Program to Stimulate Competitive Research" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/4010" units: - "Subtitle A — General Military Law" - "Part V — Acquisition" - "Subpart E — Research and Engineering" - "Chapter 301 — Research and Engineering Generally" - "Subchapter I — General" --- # §4010. Defense Established Program to Stimulate Competitive Research - (a) **Program Required.—** The [Secretary](/usc/10/4951.md?p=3) of Defense, acting through the Under [Secretary](/usc/10/4951.md?p=3) of Defense for Research and Engineering, shall carry out a Defense Established [Program](/usc/10/2101.md?p=1) to Stimulate Competitive Research (DEPSCoR) as part of the university research [programs](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense. - (b) **Program Objectives.—** The objectives of the [program](/usc/10/2101.md?p=1) are as follows: - (1) To increase the number of university researchers in eligible [States](/usc/10/4951.md?p=4) capable of performing science and engineering research responsive to the needs of the [Department](/usc/10/101.md?p=a-6) of Defense. - (2) To enhance the capabilities of institutions of higher education in eligible [States](/usc/10/4951.md?p=4) to develop, plan, and execute science and engineering research that is relevant to the mission of the [Department](/usc/10/101.md?p=a-6) of Defense and competitive under the peer-review systems used for awarding Federal research assistance. - (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible [States](/usc/10/4951.md?p=4) receive from the Federal Government for science and engineering research. - (c) **Program Activities.—** In order to achieve the [program](/usc/10/2101.md?p=1) objectives, the following activities are authorized under the [program](/usc/10/2101.md?p=1): - (1) Competitive award of grants for research and instrumentation to support such research. - (2) Competitive award of financial assistance for graduate students. - (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible [States](/usc/10/4951.md?p=4) through collaboration between [Department](/usc/10/101.md?p=a-6) of [Defense laboratories](/usc/10/2199.md?p=1) and such researchers. - (4) Any other activities that are determined necessary to further the achievement of the objectives of the [program](/usc/10/2101.md?p=1). - (d) **Eligible States.—** - (1) The Under [Secretary](/usc/10/4951.md?p=3) of Defense for Research and Engineering shall designate which [States](/usc/10/4951.md?p=4) are eligible [States](/usc/10/4951.md?p=4) for the purposes of this section. - (2) The Under [Secretary](/usc/10/4951.md?p=3) shall designate a [State](/usc/10/4951.md?p=4) as an eligible [State](/usc/10/4951.md?p=4) if, as determined by the Under [Secretary](/usc/10/4951.md?p=3)— - (A) the average annual amount of all [Department](/usc/10/101.md?p=a-6) of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the [State](/usc/10/4951.md?p=4) for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1/50 of the total average annual amount of all [Department](/usc/10/101.md?p=a-6) of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the [United States](/usc/10/101.md?p=a-1) for such three preceding or last fiscal years, as the case may be; and - (B) the [State](/usc/10/4951.md?p=4) has demonstrated a commitment to developing research bases in the [State](/usc/10/4951.md?p=4) and to improving science and engineering research and education [programs](/usc/10/2101.md?p=1) in areas relevant to the mission of the [Department](/usc/10/101.md?p=a-6) of Defense at institutions of higher education in the [State](/usc/10/4951.md?p=4). - (3) The Under [Secretary](/usc/10/4951.md?p=3) shall not remove a designation of a [State](/usc/10/4951.md?p=4) under [paragraph (2)](#d-2) because the [State](/usc/10/4951.md?p=4) exceeds the funding levels specified under [subparagraph (A)](#d-2-A) of such paragraph unless the [State](/usc/10/4951.md?p=4) has exceeded such funding levels for at least two consecutive years. - (e) **Coordination With Similar Federal Programs.—** - (1) The [Secretary](/usc/10/4951.md?p=3) may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the [program](/usc/10/2101.md?p=1) and may coordinate the [program](/usc/10/2101.md?p=1) with the Established [Program](/usc/10/2101.md?p=1) to Stimulate Competitive Research conducted by the National Science Foundation and with similar [programs](/usc/10/2101.md?p=1) sponsored by other [departments](/usc/10/101.md?p=a-6) and [agencies](/usc/10/3451.md?p=3) of the Federal Government. - (2) All solicitations under the Defense Established [Program](/usc/10/2101.md?p=1) to Stimulate Competitive Research may be made to, and all awards may be made through, the [State](/usc/10/4951.md?p=4) committees established for purposes of the Established [Program](/usc/10/2101.md?p=1) to Stimulate Competitive Research conducted by the National Science Foundation. - (3) A [State](/usc/10/4951.md?p=4) committee referred to in [paragraph (2)](#e-2) shall ensure that activities carried out in the [State](/usc/10/4951.md?p=4) of that committee under the Defense Established [Program](/usc/10/2101.md?p=1) to Stimulate Competitive Research are relevant to the mission of the [Department](/usc/10/101.md?p=a-6) of Defense and coordinated with the activities carried out in the [State](/usc/10/4951.md?p=4) under other similar initiatives of the Federal Government to stimulate competitive research. - (f) **State Defined.—** In this section, the term “[State](/usc/10/4951.md?p=4)” means a [State](/usc/10/4951.md?p=4) of the [United States](/usc/10/101.md?p=a-1), the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. ## Source credit (Added Pub. L. 117–81, div. A, title II, § 214(a), Dec. 27, 2021, 135 Stat. 1589.) ## Notes ### Statutory Notes and Related Subsidiaries ### Effective Date Pub. L. 117–81, div. A, title II, § 214(d), Dec. 27, 2021, 135 Stat. 1591, provided that: “This section [enacting this section and repealing provisions set out as notes under section 2358 of this title] and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [Jan. 1, 2022].”