Editorial Notes

Amendments

2021—Pub. L. 116–283, § 1844(b), as added by Pub. L. 117–81, § 1701(u)(5)(B), renumbered section 2361a of this title as this section.

Pub. L. 116–283, § 1842(b), which directed the renumbering of section 2361a of this title as section 4063 instead of this section, was amended by Pub. L. 117–81, § 1701(q)(1), (u)(3)(B), effective as if included therein, so that such renumbering was no longer directed.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by 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.

Implementation of Section

Pub. L. 116–92, div. A, title VIII, § 835(a)(3), Dec. 20, 2019, 133 Stat. 1496, provided that:

“(A)

Deadline.—

Not later than March 1, 2020, the Secretary of Defense shall establish the extramural acquisition innovation and research activities required by section 2361a of title 10, United States Code [now 10 U.S.C. 4142] (as added by this subsection).

“(B)

Report.—

“(i)

In general.—

Not later than January 1, 2021, the Director of the extramural acquisition innovation and research activities appointed under such section shall submit to the Secretary of Defense a report setting forth a plan, proposed budget, and schedule for execution of such activities.

“(ii)

Transmittal.—

Not later than February 1, 2021, the Secretary of Defense shall transmit the report required under clause (i), together with whatever comments the Secretary considers appropriate, to the Committees on Armed Services of the Senate and the House of Representatives.”

Records of the Section 809 Panel

Pub. L. 116–92, div. A, title VIII, § 835(b), Dec. 20, 2019, 133 Stat. 1496, provided that:

“(1)

Transfer and maintenance of records.—

Not later than March 1, 2020, the records of the Section 809 Panel shall be transferred to, and shall be maintained by, the Defense Technical Information Center.

“(2)

Status of records.—

Working papers, records of interview, and any other draft work products generated for any purpose by the Section 809 Panel shall be covered by the deliberative process privilege exemption under paragraph (5) of section 552(b) of title 5, United States Code.

“(3)

Availability.—

To the maximum extent practicable, the Secretary shall make the records available to support activities conducted by the research organization described under section 2361a of title 10, United States Code [now 10 U.S.C. 4142] (as added by subsection (a)).

“(4)

Section 809 panel defined.—

In this subsection, the term ‘Section 809 Panel’ means the panel established by the Secretary of Defense pursuant to section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) [129 Stat. 889].”