Amendments
2023—Subsec. (a)(1). [Pub. L. 118–31, § 860(1)(A)], inserted “to enable and assist small businesses” after “merit-based program” and “capabilities developed through competitively awarded prototype agreements” after “defense laboratories,” and substituted “commercialization of various technologies, including critical technologies” for “fielding of technologies”.
Subsec. (a)(2). [Pub. L. 118–31, § 860(1)(B)], inserted “support the integration of such products,” after “evaluation outcomes,”.
Subsec. (b)(1). [Pub. L. 118–31, § 860(2)(A)], inserted “primarily major defense acquisition programs, but also other” after “candidate proposals in support of”.
Subsec. (b)(2). [Pub. L. 118–31, § 860(2)(B)], substituted “by each Office of Small Business Programs of each military department” for “by each military department”.
Subsec. (d)(2). [Pub. L. 118–31, § 860(3)], substituted “$6,000,000” for “$3,000,000”.
2021—[Pub. L. 116–283, § 1842(b)], as amended by [Pub. L. 117–81, § 1701(q)(1)], (u)(3)(B), renumbered section 2359a of this title as this section.
Subsec. (b)(5). [Pub. L. 117–81, § 1701(d)(8)], which directed the substitution of “section 4004” for “section 2302e”, could not be executed because of the intervening amendment by [Pub. L. 116–283, § 1883(b)(2)]. See note below.
[Pub. L. 116–283, § 1883(b)(2)], substituted “section 4004” for “section 2302e”.
2019—Subsec. (a)(1). [Pub. L. 116–92, § 878(a)(1)], inserted “phase II Small Business Technology Transfer Program projects,” after “projects,”.
Subsec. (b)(3). [Pub. L. 116–92, § 878(a)(2)(A)], substituted “$6,000,000.” for “$3,000,000, unless the Secretary, or the Secretary’s designee, approves a larger amount of funding for the project.”
Subsec. (b)(7). [Pub. L. 116–92, § 878(a)(2)(B)], added par. (7).
Subsec. (d). [Pub. L. 116–92, § 878(a)(3)], designated existing provisions as par. (1), inserted “and to the limitation under paragraph (2)” after “for such purpose”, and added par. (2).
Effective Date of 2021 Amendment
Amendment by [section 1701(d)(8) of Pub. L. 117–81] to take effect immediately after the amendments made by title XVIII of [Pub. L. 116–283] have taken effect, see [section 1701(a)(3) of Pub. L. 117–81], set out in a note preceding section 3001 of this title and note below.
Amendment by section 1701(q)(1), (u)(3)(B) 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 Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see [section 1801(d) of Pub. L. 116–283], set out as a note preceding section 3001 of this title.
Pilot Program To Accelerate the Procurement and Fielding of Innovative Technologies
[Pub. L. 117–81, div. A, title VIII, § 834], Dec. 27, 2021, [135 Stat. 1835], as amended by [Pub. L. 117–263, div. A, title VIII, § 845], Dec. 23, 2022, [136 Stat. 2720], provided that:“(a)
Pilot Program.—
Subject to availability of appropriations, the Secretary of Defense shall establish a competitive, merit-based pilot program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies—
“(1)
reducing acquisition or life-cycle costs;
“(2)
addressing technical risks;
“(3)
improving the timeliness and thoroughness of test and evaluation outcomes; and
“(4)
rapidly implementing such technologies to directly support defense missions.
“(b)
Guidelines.—
Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Secretary shall issue guidelines for the operation of the pilot program established under this section. At a minimum such guidelines shall provide for the following:
“(1)
The issuance of one or more solicitations for proposals by the Department of Defense in support of the pilot program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act (
15 U.S.C. 632)) or nontraditional defense contractors (as defined under
section 2302 of title 10, United States Code [see
10 U.S.C. 3014]).
“(2)
A process for—
“(A)
the review of proposals received in response to a solicitation issued under paragraph (1) by the Secretary of Defense and by each Secretary of a military department;
“(B)
the merit-based selection of the most promising cost-effective proposals; and
“(C)
the procurement of goods or services offered by such a proposal through contracts, cooperative agreements, other transaction authority, or by another appropriate process.
“(c)
Maximum Amount.—
The total amount of funding provided for any proposal selected for an award under the pilot program established under this section shall not exceed $50,000,000, unless the Secretary (or designee of the Secretary) approves a greater amount of funding.
“(d)
Data Collection.—
“(1)
Plan required before implementation.—
The Secretary of Defense may not provide funding under this section until the date on which the Secretary—
“(A)
completes a plan for carrying out the data collection required under paragraph (2); and
“(B)
submits the plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
“(2)
Data collection required.—
The Secretary of Defense shall collect and analyze data on the pilot program established under this section for the purposes of—
“(A)
developing and sharing best practices for achieving the objectives of the pilot program;
“(B)
providing information on the implementation of the pilot program and related policy issues; and
“(C)
reporting to the congressional defense committees as required under subsection (e).
“(e)
Biannual Reports.—
Not later than March 1 and September 1 of each year beginning after the date of the enactment of this Act until the termination of the pilot program established under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program.
“(f)
Congressional Notification.—
The Secretary of Defense shall notify the congressional defense committees within 30 days after funding has been provided for a proposal selected for an award under the pilot program established under this section.
“(g)
Termination.—
The authority to carry out a pilot program under this section shall terminate on September 30, 2027.”