Chapter 137 of this title, referred to in subsec. (f)(5), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a),
A prior section 4022, act Aug. 10, 1956, ch. 1041, 70A Stat. 233, related to employment of contract surgeons in an emergency, prior to repeal by Pub. L. 98–94, title IX, § 932(b)(1), (f)
2024—Subsec. (a)(2)(A). Pub. L. 118–159, § 816(1)(A), substituted “head of the contracting activity” for “senior procurement executive for the agency as designated for the purpose of section 1702(c) of title 41” in introductory provisions.
Subsec. (a)(2)(B)(i). Pub. L. 118–159, § 816(1)(B), substituted “senior procurement executive for the agency as designated for the purpose of section 1702(c) of title 41, or, for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency,” for “Under Secretary of Defense for Research and Engineering or the Under Secretary of Defense for Acquisition and Sustainment” in introductory provisions.
Subsec. (a)(3). Pub. L. 118–159, § 816(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The authority of a senior procurement executive or director of the Defense Advanced Research Projects Agency, Defense Innovation Unit, or Missile Defense Agency under paragraph (2)(A), and the authority of the Under Secretaries of Defense under paragraph (2)(B), may not be delegated.”
Subsec. (e)(6). Pub. L. 118–159, § 817(1), added par. (6).
Subsec. (f)(1). Pub. L. 118–159, § 817(2)(A), inserted at end “A follow-on production award may be provided for in a transaction entered into under this section for a prototype project, awarded with respect to such a transaction as one or more separate awards, or a combination thereof.”
Subsec. (f)(2). Pub. L. 118–159, § 817(2)(B), inserted “, one or more separate awards of follow-on production contracts or transactions with respect to a transaction described in such paragraph, or a combination thereof,” after “paragraph (1)” in introductory provisions.
Subsec. (i)(2). Pub. L. 118–159, § 818(a)(1), inserted subpar. (A) designation before “In carrying out”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), struck out “except for projects carried out for the purpose of repairing a facility,” before “not more than two prototype projects” in cl. (i) of subpar. (A) as redesignated, and added subpar. (B).
Subsec. (i)(4)(A). Pub. L. 118–159, § 818(a)(2), substituted “
2023—Subsec. (a)(1). Pub. L. 118–31, § 913(a)(3)(A)(i), inserted “the Director of the Defense Innovation Unit,” after “Defense Advanced Research Projects Agency,”.
Subsec. (a)(2)(A). Pub. L. 118–31, § 913(a)(3)(A)(ii), inserted “, the Defense Innovation Unit,” after “Defense Advanced Research Projects Agency” in introductory provisions.
Subsec. (a)(2)(C)(i)(I). Pub. L. 118–31, § 821(1), inserted “were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the requirements of subsection (f)” after “subsection (d)”.
Subsec. (a)(3). Pub. L. 118–31, § 913(a)(3)(A)(iii), inserted “, Defense Innovation Unit,” after “Defense Advanced Research Projects Agency”.
Subsec. (d)(3). Pub. L. 118–31, § 821(2), added par. (3).
Subsec. (e)(1)(C) to (F). Pub. L. 118–31, § 913(a)(3)(B), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.
Subsec. (i)(2)(A). Pub. L. 118–31, § 822(a)(1)(A), inserted “except for projects carried out for the purpose of repairing a facility,” before “not more”.
Subsec. (i)(2)(B). Pub. L. 118–31, § 822(a)(1)(B), substituted “$300,000,000” for “$200,000,000”.
Subsec. (i)(3), (4). Pub. L. 118–31, § 822(a)(2), (3), added par. (3) and redesignated former par. (3) as (4).
2022—Subsec. (a)(1). Pub. L. 117–263, § 843(1), substituted “personnel of the Department of Defense or improving” for “military personnel and the supporting”.
Subsec. (a)(2). Pub. L. 117–263, § 842(1)(A), struck out “, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),” after “a prototype project” in two places.
Subsec. (a)(2)(C). Pub. L. 117–263, § 842(1)(B)–(D), added subpar. (C).
Subsec. (e)(1) to (4). Pub. L. 117–263, § 842(2), added pars. (1) and (3) and redesignated former pars. (1) and (2) as (2) and (4), respectively.
Subsec. (e)(5). Pub. L. 117–263, § 843(2), added par. (5).
Subsec. (f)(2). Pub. L. 117–263, § 842(3), substituted “of chapter 221 of this title and even if explicit notification was not listed within the request for proposal for the transaction” for “of section 2304 of this title,”.
Subsec. (i). Pub. L. 117–263, § 843(3), added subsec. (i).
2021—Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2371b of this title as this section.
Subsec. (a)(1). Pub. L. 116–283, § 1841(b)(2)(C), as amended by Pub. L. 117–81, § 1701(u)(2)(F)(i)(IV), substituted “section 4021” for “section 2371”.
Subsec. (b)(1). Pub. L. 117–81, § 821(b), substituted “Subsection (e)(2)” for “Subsections (e)(1)(B) and (e)(2)”.
Pub. L. 116–283, § 1841(b)(2)(C), as amended by Pub. L. 117–81, § 1701(u)(2)(F)(i)(IV), substituted “section 4021” for “section 2371”.
Subsec. (c)(3)(A). Pub. L. 116–283, § 1841(b)(2)(C), as amended by Pub. L. 117–81, § 1701(u)(2)(F)(i)(IV), substituted “section 4021” for “section 2371”.
Subsec. (e)(1). Pub. L. 116–283, § 1883(b)(2), substituted “section 3014” for “section 2302(9)”.
Subsec. (f)(2). Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2304”, which was redesignated as multiple sections.
2019—Subsec. (d)(1)(C). Pub. L. 116–92 substituted “sources other than” for “sources other than other than”.
2018—Subsec. (a)(2)(A). Pub. L. 115–232, § 211(1)(A), substituted “for a prototype project, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),” for “(for a prototype project)” in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 115–232, § 211(1)(B)(i), substituted “for a prototype project, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),” for “(for a prototype project)” in introductory provisions.
Subsec. (a)(2)(B)(i). Pub. L. 115–232, § 211(1)(B)(ii), substituted “Under Secretary of Defense for Research and Engineering or the Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” in introductory provisions.
Subsec. (a)(3). Pub. L. 115–232, § 211(1)(C), which directed substitution of “Under Secretaries of Defense” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” in par. (3) of subsec. (a)(2), was executed by making the substitution in par. (3) of subsec. (a), to reflect the probable intent of Congress.
Subsec. (b)(2). Pub. L. 115–232, § 211(2), inserted “the prototype” after “carry out”.
Subsec. (f)(3) to (5). Pub. L. 115–232, § 211(3), added pars. (3) and (4) and redesignated former par. (3) as (5).
2017—Subsec. (a)(2)(A). Pub. L. 115–91, § 864(a)(1), (2), in introductory provisions, substituted “for a transaction (for a prototype project)” for “for a prototype project”, “$100,000,000” for “$50,000,000”, and “$500,000,000” for “$250,000,000”.
Subsec. (a)(2)(B). Pub. L. 115–91, § 864(a)(1), (3), in introductory provisions, substituted “for a transaction (for a prototype project)” for “for a prototype project” and “$500,000,000” for “$250,000,000”.
Subsec. (d)(1)(A). Pub. L. 115–91, § 216, inserted “or nonprofit research institution” after “defense contractor”.
Subsec. (d)(1)(B). Pub. L. 115–91, § 864(b), inserted “(including small businesses participating in a program described under section 9 of the Small Business Act (15 U.S.C. 638))” after “small businesses”.
Subsec. (d)(1)(C). Pub. L. 115–91, § 864(c), substituted “provided by sources other than” for “provided by parties to the transaction”.
Subsec. (f)(1). Pub. L. 115–91, § 864(d), inserted at end “A transaction includes all individual prototype subprojects awarded under the transaction to a consortium of United States industry and academic institutions.”
Pub. L. 118–159, div. A, title VIII, § 818(b),
Pub. L. 118–31, div. A, title VIII, § 822(b),
Amendment by section 913(a)(3) of Pub. L. 118–31 effective 180 days after
Amendment by section 1701(u)(2)(B), (F)(i)(IV) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by Pub. L. 116–283 effective
Pub. L. 117–81, div. A, title XVI, § 1662(a),
Pub. L. 116–136, div. B, title III, § 13006, “(a) Notwithstanding paragraph (3) of section 2371b(a) of title 10, United States Code [now 10 U.S.C. 4022(a)], the authority of a senior procurement executive or director of the Defense Advanced Research Projects Agency or Missile Defense Agency under paragraph (2)(A) of such section [probably should be “subsection”], and the authority of the Under Secretaries of Defense under paragraph (2)(B) of such section [probably should be “subsection”], for any transaction related to the national emergency for the Coronavirus Disease 2019 (COVID–19) may be delegated to such officials in the Department of Defense as the Secretary of Defense shall specify for purposes of this section.“(b)(1) Notwithstanding clause (ii) of section 2371b(a)(2)(B) of title 10, United States Code [now 10 U.S.C. 4022(a)(2)(B)], no advance notice to Congress is required under that clause for transitions described in that section that are related to the national emergency for the Coronavirus Disease 2019 (COVID–19).“(2) In the event a transaction covered by paragraph (1) is carried out, the Under Secretary of Defense for Research and Engineering or the Under Secretary of Defense for Acquisition and Sustainment, as applicable, shall submit to the congressional defense committees a notice on the carrying out of such transaction as soon as is practicable after the commencement of the carrying out of such transaction.“(3) In this subsection, the term ‘congressional defense committees’ has the meaning given such term in section 101(a)(16) of title 10, United States Code.”
Pub. L. 114–92, div. A, title VIII, § 815(c),
Pub. L. 114–92, div. A, title VIII, § 815(e),