US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 4022

Authority of the Department of Defense to carry out certain prototype projects

(a)

Authority .—

(1)
section 4021 of this title Subject to paragraph (2), the Director of the Defense Advanced Research Projects Agency, the Director of the Defense Innovation Unit, the Secretary of a military department, or any other official designated by the Secretary of Defense may, under the authority of , carry out prototype projects that are directly relevant to enhancing the mission effectiveness of personnel of the Department of Defense or improving platforms, systems, components, or materials proposed to be acquired or developed by the Department of Defense, or to improvement of platforms, systems, components, or materials in use by the armed forces.
(2)
The authority of this section—
(A)
may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $100,000,000 but not in excess of $500,000,000 (including all options) only upon a written determination by the head of the contracting activity, or, for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency that—
(i)
the requirements of subsection (d) will be met; and
(ii)
the use of the authority of this section is essential to promoting the success of the prototype project;
(B)
may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $500,000,000 (including all options) only if—
(i)
section 1702(c) of title 41 the senior procurement executive for the agency as designated for the purpose of , or, for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency, determines in writing that—
(I)
the requirements of subsection (d) will be met; and
(II)
the use of the authority of this section is essential to meet critical national security objectives; and
(ii)
the congressional defense committees are notified in writing at least 30 days before such authority is exercised; and
(C)
may be exercised for a transaction for a follow-on production contract or transaction that is awarded pursuant to subsection (f) and expected to cost the Department of Defense in excess of $100,000,000 (including all options) only if a covered official—
(i)
determines in writing that—
(I)
the requirements of subsection (d) 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) will be met; and
(II)
the use of the authority of this section is essential to meet critical national security objectives; and
(ii)
notifies the congressional defense committees in writing of the determinations required under clause (i) at the time such authority is exercised.
(3)
The authority of the head of the contracting activity, director of the Defense Advanced Research Projects Agency, director of the Defense Innovation Unit, director of the Missile Defense Agency, or the senior procurement executive, as applicable, under paragraph (2) may not be delegated.
(b)

Exercise of Authority.—

(1)
Subsection (e)(2) of such section 4021 shall not apply to projects carried out under subsection (a).
(2)
To the maximum extent practicable, competitive procedures shall be used when entering into agreements to carry out the prototype projects under subsection (a).
(c)

Comptroller General Access to Information .—

(1)
Each agreement entered into by an official referred to in subsection (a) to carry out a project under that subsection that provides for payments in a total amount in excess of $5,000,000 shall include a clause that provides for the Comptroller General, in the discretion of the Comptroller General, to examine the records of any party to the agreement or any entity that participates in the performance of the agreement.
(2)
The requirement in paragraph (1) shall not apply with respect to a party or entity, or a subordinate element of a party or entity, that has not entered into any other agreement that provides for audit access by a Government entity in the year prior to the date of the agreement.
(3)
(A)
section 4021 of this title The right provided to the Comptroller General in a clause of an agreement under paragraph (1) is limited as provided in subparagraph (B) in the case of a party to the agreement, an entity that participates in the performance of the agreement, or a subordinate element of that party or entity if the only agreements or other transactions that the party, entity, or subordinate element entered into with Government entities in the year prior to the date of that agreement are cooperative agreements or transactions that were entered into under this section or .
(B)
The only records of a party, other entity, or subordinate element referred to in subparagraph (A) that the Comptroller General may examine in the exercise of the right referred to in that subparagraph are records of the same type as the records that the Government has had the right to examine under the audit access clauses of the previous agreements or transactions referred to in such subparagraph that were entered into by that particular party, entity, or subordinate element.
(4)
The head of the contracting activity that is carrying out the agreement may waive the applicability of the requirement in paragraph (1) to the agreement if the head of the contracting activity determines that it would not be in the public interest to apply the requirement to the agreement. The waiver shall be effective with respect to the agreement only if the head of the contracting activity transmits a notification of the waiver to Congress and the Comptroller General before entering into the agreement. The notification shall include the rationale for the determination.
(5)
The Comptroller General may not examine records pursuant to a clause included in an agreement under paragraph (1) more than three years after the final payment is made by the United States under the agreement.
(d)

Appropriate Use of Authority .—

(1)
The Secretary of Defense shall ensure that no official of an agency enters into a transaction (other than a contract, grant, or cooperative agreement) for a prototype project under the authority of this section unless one of the following conditions is met:
(A)
There is at least one nontraditional defense contractor or nonprofit research institution participating to a significant extent in the prototype project.
(B)
15 U.S.C. 638 All significant participants in the transaction other than the Federal Government are small businesses (including small businesses participating in a program described under section 9 of the Small Business Act ()) or nontraditional defense contractors.
(C)
At least one third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government.
(D)
The senior procurement executive for the agency determines in writing that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, or would provide an opportunity to expand the defense supply base in a manner that would not be practical or feasible under a contract.
(2)
(A)
Except as provided in subparagraph (B), the amounts counted for the purposes of this subsection as being provided, or to be provided, by a party to a transaction with respect to a prototype project that is entered into under this section other than the Federal Government do not include costs that were incurred before the date on which the transaction becomes effective.
(B)
Costs that were incurred for a prototype project by a party after the beginning of negotiations resulting in a transaction (other than a contract, grant, or cooperative agreement) with respect to the project before the date on which the transaction becomes effective may be counted for purposes of this subsection as being provided, or to be provided, by the party to the transaction if and to the extent that the official responsible for entering into the transaction determines in writing that—
(i)
the party incurred the costs in anticipation of entering into the transaction; and
(ii)
it was appropriate for the party to incur the costs before the transaction became effective in order to ensure the successful implementation of the transaction.
(3)
The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f).
(e)

Definitions .—

In this section:
(1)
The term “covered official” means—
(A)
a service acquisition executive;
(B)
the Director of the Defense Advanced Research Projects Agency;
(C)
the Director of the Defense Innovation Unit;
(D)
the Director of the Missile Defense Agency;
(E)
the Under Secretary of Defense for Acquisition and Sustainment; or
(F)
the Under Secretary of Defense for Research and Engineering.
(2)
section 3014 of this title The term “nontraditional defense contractor” has the meaning given the term under .
(3)
section 101(a) of this title The term “service acquisition executive” has the meaning given that term in .
(4)
15 U.S.C. 632 The term “small business” means a small business concern as defined under section 3 of the Small Business Act ().
(5)
The term “prototype project” includes a project that addresses—
(A)
a proof of concept, model, or process, including a business process;
(B)
reverse engineering to address obsolescence;
(C)
a pilot or novel application of commercial technologies for defense purposes;
(D)
agile development activity;
(E)
the creation, design, development, or demonstration of operational utility; or
(F)
any combination of subparagraphs (A) through (E).
(6)
The term “follow-on production contract or transaction” means a contract or transaction to produce, sustain, or otherwise implement the results of a successfully completed prototype project for continued or expanded use by the Department of Defense.
(f)

Follow-on Production Contracts or Transactions .—

(1)
A transaction entered into under this section for a prototype project may provide for the award of a follow-on production contract or transaction to the participants in the transaction. A transaction includes all individual prototype subprojects awarded under the transaction to a consortium of United States industry and academic institutions. 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.
(2)
A follow-on production contract or transaction provided for in a transaction under paragraph (1), 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, may be awarded to the participants in the transaction without the use of competitive procedures, notwithstanding the requirements of chapter 221 of this title and even if explicit notification was not listed within the request for proposal for the transaction if—
(A)
competitive procedures were used for the selection of parties for participation in the transaction; and
(B)
the participants in the transaction successfully completed the prototype project provided for in the transaction.
(3)
A follow-on production contract or transaction may be awarded, pursuant to this subsection, when the Department determines that an individual prototype or prototype subproject as part of a consortium is successfully completed by the participants.
(4)
Award of a follow-on production contract or transaction pursuant to the terms under this subsection is not contingent upon the successful completion of all activities within a consortium as a condition for an award for follow-on production of a successfully completed prototype or prototype subproject within that consortium.
(5)
1
1 See References in Text note below.
Contracts and transactions entered into pursuant to this subsection may be awarded using the authority in subsection (a), under the authority of chapter 137  of this title, or under such procedures, terms, and conditions as the Secretary of Defense may establish by regulation.
(g)

Authority To Provide Prototypes and Follow-on Production Items as Government-furnished Equipment .—

An agreement entered into pursuant to the authority of subsection (a) or a follow-on contract or transaction entered into pursuant to the authority of subsection (f) may provide for prototypes or follow-on production items to be provided to another contractor as Government-furnished equipment.
(h)

Applicability of Procurement Ethics Requirements .—

An agreement entered into under the authority of this section shall be treated as a Federal agency procurement for the purposes of chapter 21 of title 41.
(i)

Pilot Authority for Use of Other Transactions for Installation or Facility Prototyping.—

(1)

In general .—

section 2801 of this titleThe Secretary of Defense or the Secretary of a military department may establish a pilot program under which the Secretary may, under the authority of this section, carry out prototype projects that are directly relevant to enhancing the ability of the Department of Defense to prototype the design, development, or demonstration of new construction techniques or technologies to improve military installations or facilities (as such terms are defined in ).
(2)

Limits .—

(A)
In carrying out prototype projects under the pilot program established under paragraph (1)—
(i)
not more than two prototype projects may begin to be carried out per fiscal year under such pilot program; and
(ii)
the aggregate value of all transactions entered into under such pilot program may not exceed $300,000,000.
(B)
The requirements of this paragraph shall not apply to projects carried out for the purpose of repairing a facility.
(3)

Use of amounts .—

The Secretary of Defense or the Secretary of a military department may carry out prototype projects under the pilot program established under paragraph (1) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding—
(A)
subchapters I and III of chapter 169 of this title; and
(B)
chapters 221 and 223 of this title.
(4)

Sunset.—

(A)

In general .—

Except as provided in subparagraph (B), the authority to carry out prototype projects under the pilot program established under paragraph (1) shall terminate on .
(B)

Ongoing project exception .—

Subparagraph (A) shall not apply with respect to prototype projects being carried out under the pilot program established under paragraph (1) on the date described in subparagraph (A).

Pub. L. 114–92, div. A, title VIII, § 815(a)(1)129 Stat. 893 Pub. L. 115–91, div. A, title II, § 216131 Stat. 1328 Pub. L. 115–232, div. A, title II, § 211132 Stat. 1674 Pub. L. 116–92, div. A, title XVII, § 1731(a)(46)133 Stat. 1814 Pub. L. 116–283, div. A, title XVIII134 Stat. 4243 Pub. L. 117–81, div. A, title VIII, § 821(b)135 Stat. 1825 Pub. L. 117–263, div. A, title VIII136 Stat. 2717 Pub. L. 118–31, div. A, title VIII137 Stat. 326 Pub. L. 118–159, div. A, title VIII138 Stat. 1981 Pub. L. 119–60, div. A, title XVII, § 1701(a)(27)139 Stat. 1209 (Added , , , § 2371b; amended , title VIII, § 864, , , 1494; , , ; , , ; renumbered § 4022 and amended , §§ 1841(b)(1), (2)(C), 1883(b)(2), , , 4294; , title XVII, § 1701(u)(2)(B), (F)(i)(IV), , , 2151; , §§ 842, 843, , , 2718; , §§ 821, 822(a), title IX, § 913(a), , , 327, 367; , §§ 816–818(a), , , 1982; , , .)

Editorial Notes

References in Text

Pub. L. 116–283, div. A, title XVIII, § 1881(a)134 Stat. 4293 Pub. L. 116–283, div. A, title XVIII134 Stat. 4149 section 3016 of this titleChapter 137 of this title, referred to in subsec. (f)(5), was repealed by , , , effective , in conjunction with the transfer and reorganization of acquisition provisions in this title by , , . For definition of “chapter 137 legacy provisions”, see .

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 233 Pub. L. 98–94, title IX, § 932(b)(1)97 Stat. 650 A prior section 4022, , , related to employment of contract surgeons in an emergency, prior to repeal by , (f) , , effective , with continuation provision for existing contracts.

Amendments

Pub. L. 119–602025—Subsec. (e)(1)(E), (F). substituted “Under Secretary of Defense” for “Undersecretary of Defense”.

Pub. L. 118–159, § 816(1)(A)section 1702(c) of title 412024—Subsec. (a)(2)(A). , substituted “head of the contracting activity” for “senior procurement executive for the agency as designated for the purpose of ” in introductory provisions.

Pub. L. 118–159, § 816(1)(B)section 1702(c) of title 41Subsec. (a)(2)(B)(i). , substituted “senior procurement executive for the agency as designated for the purpose of , 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.

Pub. L. 118–159, § 816(2)Subsec. (a)(3). , 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.”

Pub. L. 118–159, § 817(1)Subsec. (e)(6). , added par. (6).

Pub. L. 118–159, § 817(2)(A)Subsec. (f)(1). , 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.”

Pub. L. 118–159, § 817(2)(B)Subsec. (f)(2). , 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.

Pub. L. 118–159, § 818(a)(1)Subsec. (i)(2). , 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).

Pub. L. 118–159, § 818(a)(2)Subsec. (i)(4)(A). , substituted “” for “”.

Pub. L. 118–31, § 913(a)(3)(A)(i)2023—Subsec. (a)(1). , inserted “the Director of the Defense Innovation Unit,” after “Defense Advanced Research Projects Agency,”.

Pub. L. 118–31, § 913(a)(3)(A)(ii)Subsec. (a)(2)(A). , inserted “, the Defense Innovation Unit,” after “Defense Advanced Research Projects Agency” in introductory provisions.

Pub. L. 118–31, § 821(1)Subsec. (a)(2)(C)(i)(I). , 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)”.

Pub. L. 118–31, § 913(a)(3)(A)(iii)Subsec. (a)(3). , inserted “, Defense Innovation Unit,” after “Defense Advanced Research Projects Agency”.

Pub. L. 118–31, § 821(2)Subsec. (d)(3). , added par. (3).

Pub. L. 118–31, § 913(a)(3)(B)Subsec. (e)(1)(C) to (F). , added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.

Pub. L. 118–31, § 822(a)(1)(A)Subsec. (i)(2)(A). , inserted “except for projects carried out for the purpose of repairing a facility,” before “not more”.

Pub. L. 118–31, § 822(a)(1)(B)Subsec. (i)(2)(B). , substituted “$300,000,000” for “$200,000,000”.

Pub. L. 118–31, § 822(a)(2)Subsec. (i)(3), (4). , (3), added par. (3) and redesignated former par. (3) as (4).

Pub. L. 117–263, § 843(1)2022—Subsec. (a)(1). , substituted “personnel of the Department of Defense or improving” for “military personnel and the supporting”.

Pub. L. 117–263, § 842(1)(A)Subsec. (a)(2). , struck out “, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),” after “a prototype project” in two places.

Pub. L. 117–263, § 842(1)(B)Subsec. (a)(2)(C). –(D), added subpar. (C).

Pub. L. 117–263, § 842(2)Subsec. (e)(1) to (4). , added pars. (1) and (3) and redesignated former pars. (1) and (2) as (2) and (4), respectively.

Pub. L. 117–263, § 843(2)Subsec. (e)(5). , added par. (5).

Pub. L. 117–263, § 842(3)section 2304 of this titleSubsec. (f)(2). , 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 ,”.

Pub. L. 117–263, § 843(3)Subsec. (i). , added subsec. (i).

Pub. L. 116–283, § 1841(b)(1)Pub. L. 117–81, § 1701(u)(2)(B)section 2371b of this title2021—, as amended by , renumbered as this section.

Pub. L. 116–283, § 1841(b)(2)(C)Pub. L. 117–81, § 1701(u)(2)(F)(i)(IV)Subsec. (a)(1). , as amended by , substituted “section 4021” for “section 2371”.

Pub. L. 117–81, § 821(b)Subsec. (b)(1). , substituted “Subsection (e)(2)” for “Subsections (e)(1)(B) and (e)(2)”.

Pub. L. 116–283, § 1841(b)(2)(C)Pub. L. 117–81, § 1701(u)(2)(F)(i)(IV), as amended by , substituted “section 4021” for “section 2371”.

Pub. L. 116–283, § 1841(b)(2)(C)Pub. L. 117–81, § 1701(u)(2)(F)(i)(IV)Subsec. (c)(3)(A). , as amended by , substituted “section 4021” for “section 2371”.

Pub. L. 116–283, § 1883(b)(2)Subsec. (e)(1). , substituted “section 3014” for “section 2302(9)”.

Pub. L. 116–283, § 1883(b)(2)Pub. L. 116–283Subsec. (f)(2). , which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of , 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.

Pub. L. 116–922019—Subsec. (d)(1)(C). substituted “sources other than” for “sources other than other than”.

Pub. L. 115–232, § 211(1)(A)2018—Subsec. (a)(2)(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.

Pub. L. 115–232, § 211(1)(B)(i)Subsec. (a)(2)(B). , 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.

Pub. L. 115–232, § 211(1)(B)(ii)Subsec. (a)(2)(B)(i). , 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.

Pub. L. 115–232, § 211(1)(C)Subsec. (a)(3). , 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.

Pub. L. 115–232, § 211(2)Subsec. (b)(2). , inserted “the prototype” after “carry out”.

Pub. L. 115–232, § 211(3)Subsec. (f)(3) to (5). , added pars. (3) and (4) and redesignated former par. (3) as (5).

Pub. L. 115–91, § 864(a)(1)2017—Subsec. (a)(2)(A). , (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”.

Pub. L. 115–91, § 864(a)(1)Subsec. (a)(2)(B). , (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”.

Pub. L. 115–91, § 216Subsec. (d)(1)(A). , inserted “or nonprofit research institution” after “defense contractor”.

Pub. L. 115–91, § 864(b)15 U.S.C. 638Subsec. (d)(1)(B). , inserted “(including small businesses participating in a program described under section 9 of the Small Business Act ())” after “small businesses”.

Pub. L. 115–91, § 864(c)Subsec. (d)(1)(C). , substituted “provided by sources other than” for “provided by parties to the transaction”.

Pub. L. 115–91, § 864(d)Subsec. (f)(1). , inserted at end “A transaction includes all individual prototype subprojects awarded under the transaction to a consortium of United States industry and academic institutions.”

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–159, div. A, title VIII, § 818(b)138 Stat. 1982

section 4022(i) of title 10“This section [amending this section] and the amendments made by this section shall apply with respect to a transaction for a prototype project under , United States Code, entered into on or after the date of the enactment of this section [].”
, , , provided that:

Effective Date of 2023 Amendment; Implementation

Pub. L. 118–31, div. A, title VIII, § 822(b)137 Stat. 327

“The amendments made by this section [amending this section] shall apply with respect to transactions entered into on or after the date of the enactment of this Act [].”
, , , provided that:

section 913(a)(3) of Pub. L. 118–31Pub. L. 118–31section 1766 of this titleAmendment by effective 180 days after , with additional implementation requirements, see section 913(b)(1), (2) of , set out as notes under .

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by section 1701(u)(2)(B), (F)(i)(IV) of applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

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 .

Authority for Unaccompanied Housing Project Under Pilot Authority for Use of Other Transactions for Installation or Facility Prototyping

Pub. L. 119–60, div. B, title XXVIII, § 2828139 Stat. 1312

“(a)

In General .—

section 4022(i) of title 10The Secretary of Defense may conduct an unaccompanied housing project under , United States Code, that is not subject to the limits under paragraph (2) of such section.
“(b)

Use of Authority .—

The Secretary may use the authority under subsection (a) for not more than one project.
“(c)

Location .—

The project conducted under subsection (a) shall be located at a joint base of the Department of Defense for medical training.
“(d)

Use of Funds .—

The aggregate value of all transactions entered into under the project conducted under subsection (a) may not exceed $500,000,000.”
, , , provided that:

Limitation on Missile Defense Agency Production of Satellites and Ground Systems Associated With Operation of Such Satellites

Pub. L. 117–81, div. A, title XVI, § 1662(a)135 Stat. 2103 Pub. L. 118–159, div. A, title XVI, § 1649(b)(2)138 Stat. 2199 section 5537 of this title, , , which provided that the Director of the Missile Defense Agency could not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites and could authorize, with the concurrence of the Space Acquisition Council, the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency, was repealed by , , . See .

Relaxation of Department of Defense Other Transaction Authority Requirements Related to the National Emergency for the Coronavirus Disease 2019

Pub. L. 116–136, div. B, title III, § 13006134 Stat. 522

“(a)
section 2371b(a) of title 1010 U.S.C. 4022(a) Notwithstanding paragraph (3) of , United States Code [now ], 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)
section 2371b(a)(2)(B) of title 1010 U.S.C. 4022(a)(2)(B) Notwithstanding clause (ii) of , United States Code [now ], 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)
section 101(a)(16) of title 10 In this subsection, the term ‘congressional defense committees’ has the meaning given such term in , United States Code.”
, , , provided that:

Repeal of Obsolete Authority; Transition Provision

Pub. L. 114–92, div. A, title VIII, § 815(c)129 Stat. 896

Public Law 103–16010 U.S.C. 2371section 2302 of this titlesection 4001 of this title“Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (; [former] note) is hereby repealed. Transactions entered into under the authority of such section 845 shall remain in force and effect and shall be modified as appropriate to reflect the amendments made by this section [enacting this section, amending former , and amending provisions set out as a note under ].”
, , , provided that:

Updated Guidance

Pub. L. 114–92, div. A, title VIII, § 815(e)129 Stat. 896

section 2302 of this titlesection 4001 of this titlesection 2371 of this title“Not later than 180 days after the date of the enactment of this Act [], the Secretary of Defense shall issue updated guidance to implement the amendments made by this section [enacting this section, amending former , amending provisions set out as a note under , and repealing provisions formerly set out as a note under ].”
, , , provided that: