US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3762

Independent research and development costs: allowable costs

(a)

Regulations .—

The Secretary of Defense shall prescribe regulations governing the payment by the Department of Defense of expenses incurred by contractors for independent research and development costs. Such regulations shall provide that expenses incurred for independent research and development shall be reported independently from other allowable indirect costs.
(b)

Costs Treated as Fair and Reasonable, and Allowable, Expenses .—

The regulations prescribed under subsection (a) shall provide that independent research and development costs shall be considered a fair and reasonable, and allowable, indirect expense on Department of Defense contracts.
(c)

Additional Controls .—

Subject to subsection (d), the regulations prescribed under subsection (a) may include the following provisions:
(1)
Controls on the reimbursement of costs to the contractor for expenses incurred for independent research and development to ensure that such costs were incurred for independent research and development.
(2)
Implementation of regular methods for transmission—
(A)
from the Department of Defense to contractors, in a reasonable manner, of timely and comprehensive information regarding planned or expected needs of the Department of Defense for future technology and advanced capability; and
(B)
from contractors to the Department of Defense, in a reasonable manner, of information regarding progress by the contractor on the independent research and development programs of the contractor.
(d)

Limitations on Regulations .—

Regulations prescribed under subsection (a) may not include provisions that would infringe on the independence of a contractor to choose which technologies to pursue in its independent research and development program if the chief executive officer of the contractor determines that expenditures will advance the needs of the Department of Defense for future technology and advanced capability as transmitted pursuant to subsection (c)(2)(A).
(e)

Effective Date .—

The regulations prescribed under subsection (a) shall apply to indirect costs incurred on or after .

Pub. L. 101–510, div. A, title VIII, § 824(a)(1)104 Stat. 1603Pub. L. 102–25, title VII, § 701(c)105 Stat. 113Pub. L. 102–190, div. A, title VIII, § 802(a)(1)105 Stat. 1412Pub. L. 102–484, div. A, title X, § 1052(27)106 Stat. 2500Pub. L. 103–35, title II, § 201(c)(5)107 Stat. 98Pub. L. 104–106, div. D, title XLIII, § 4321(b)(11)110 Stat. 672Pub. L. 114–328, div. A, title VIII, § 824(a)(1)130 Stat. 2277Pub. L. 115–91, div. A, title X, § 1081(a)(35)131 Stat. 1596Pub. L. 116–283, div. A, title XVIII, § 1832(j)(2)134 Stat. 4225(Added , , , § 2372; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 3762, , , .)

Editorial Notes

Amendments

Pub. L. 116–283section 2372 of this title2021— renumbered as this section.

Pub. L. 115–912017—Subsec. (d). substituted “subsection (c)(2)(A)” for “subsection (c)(3)(A)”.

Pub. L. 114–3282016— amended section generally. Prior to amendment, section related to payments to contractors for independent research and development and bid and proposal costs.

Pub. L. 104–106l1996—Subsec. (i)(1). substituted “2324()” for “2324(m)”.

Pub. L. 103–351993—Subsec. (g)(5). substituted “section 2506” for “section 2522”.

Pub. L. 102–4841992—Subsec. (e)(1). substituted “on ” for “on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Years 1992 and 1993”.

Pub. L. 102–1901991— substituted section catchline for one which read “Independent research and development” and amended text generally, substituting present provisions for provisions authorizing payment of independent research and development or bid and proposal costs, encouraging contractors to engage in research and development activities, and authorizing advance agreements regarding the manner and extent in which the Department of Defense may pay independent research and development costs or bid and proposal costs.

Pub. L. 102–25Subsec. (d)(2)(B). substituted “subsection (b), including” for “subsection (b) or”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 1996 Amendment

Pub. L. 104–106section 4401 of Pub. L. 104–106section 2220 of this titleFor effective date and applicability of amendment by , see , set out as a note under .

Effective Date of 1991 Amendment

Pub. L. 102–190, div. A, title VIII, § 802(e)105 Stat. 1414

section 4501 of this title“The amendments made by this section [amending this section and ] shall take effect on , and shall apply to independent research and development and bid and proposal costs incurred by a contractor during fiscal years of that contractor that begin on or after that date.”
, , , provided that:

Regulations

Pub. L. 102–190, div. A, title VIII, § 802(b)105 Stat. 1414

“The Secretary of Defense shall prescribe proposed regulations to implement the amendment made by subsection (a)(1) [amending this section] not later than , and shall prescribe final regulations for that purpose not later than .”
, , , provided that: