§ 4061. Defense Research and Development Rapid Innovation Program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title II § 224(a)(1) · 132 Stat. 1636

   Enacted · 10 U.S.C. § 4061

   Added Pub. L. 115–232, div. A, title II, § 224(a)(1), Aug. 13, 2018, 132 Stat. 1683, § 2359a

   Source evidence

   Code source credit
   Added Pub. L. 115–232, div. A, title II, § 224(a)(1), Aug. 13, 2018, 132 Stat. 1683, § 2359a

   Enacted provision · exact public law section
   (1) In general.— Chapter 139 of title 10, United States Code, is amended by inserting after section 2359 the following new section: “§ 2359a. Defense Research and Development Rapid Innovation Program “(a) Program Established.— (1) The Secretary of Defense shall establish a competitive, merit-based program to accelerate the fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, technologies developed by the defense laboratories, and other innovative technologies (including dual use technologies). “(2) The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle costs, address technical risks, improve the timeliness and thoroughness of test and evaluation outcomes, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs. “(b) Guidelines.— The Secretary shall issue guidelines for the operation of the program. At a minimum such guidance shall provide for the following: “(1) The issuance of one or more broad agency announcements or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals in support of defense acquisition programs as described in subsection (a). “(2) The review of candidate proposals by the Department of Defense and by each military department and the merit-based selection of the most promising cost-effective proposals for funding through contracts, cooperative agreements, and other transactions for the purposes of carrying out the program. “(3) The total amount of funding provided to any project under the program from funding provided under subsection (d) shall not exceed $3,000,000, unless the Secretary, or the Secretary’s designee, approves a larger amount of funding for the project. “(4) No project shall receive more than a total of two years of funding under the program from funding provided under subsection (d), unless the Secretary, or the Secretary’s designee, approves funding for any additional year. “(5) Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense acquisition programs, through the use of the authorities of section 2302e of this title or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program. “(6) Projects are selected using merit-based selection procedures and the selection of projects is not subject to undue influence by Congress or other Federal agencies. “(c) Treatment Pursuant to Certain Congressional Rules.— Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5. “(d) Funding.— Subject to the availability of appropriations for such purpose, the amounts authorized to be appropriated for research, development, test, and evaluation for a fiscal year may be used for such fiscal year for the program established under subsection (a). “(e) Transfer Authority.— (1) The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program. “(2) The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.” .

2. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 878(a)(1) · 133 Stat. 1198

   Inserted · 10 U.S.C. § 4061(a)(1)

   Pub. L. 116–92, § 878(a)(1), inserted “phase II Small Business Technology Transfer Program projects,” after “projects,”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 116–92, § 878(a)(1), inserted “phase II Small Business Technology Transfer Program projects,” after “projects,”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1), by inserting “phase II Small Business Technology Transfer Program projects,” after “projects,”;

3. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 878(a)(2)(A) · 133 Stat. 1198

   Substituted · 10 U.S.C. § 4061(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (A) in paragraph (3), by striking “$3,000,000” and all that follows through the period at the end and inserting “$6,000,000.”; and

4. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 878(a)(2)(B) · 133 Stat. 1198

   Added · 10 U.S.C. § 4061(b)(7)

   Pub. L. 116–92, § 878(a)(2)(B), added par. (7)

   Source evidence

   Code amendment note
   Subsec. (b)(7). Pub. L. 116–92, § 878(a)(2)(B), added par. (7).

   Enacted provision · exact public law section
   (B) by adding at the end the following new paragraph: “(7) A preference under the program for funding small business concerns.” ; and

5. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 878(a)(3) · 133 Stat. 1198

   1. Amended · 10 U.S.C. § 4061(d)

      Pub. L. 116–92, § 878(a)(3), designated existing provisions as par. (1)

   2. Inserted · 10 U.S.C. § 4061(d)

      Pub. L. 116–92, § 878(a)(3), inserted “and to the limitation under paragraph (2)” after “for such purpose”

   3. Added · 10 U.S.C. § 4061(d)

      Pub. L. 116–92, § 878(a)(3), added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (3) in subsection (d)— (A) by striking “Subject to” and inserting “(1) Subject to”; (B) in paragraph (1), as so designated, by inserting “and to the limitation under paragraph (2)” after “for such purpose”; and (C) by adding at the end the following new paragraph: “(2) During any fiscal year, the total amount of awards in an amount greater than $3,000,000 made under the program established under subsection (a) may not exceed 25 percent of the amount made available to carry out such program during such fiscal year.” .

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1842(b) · 134 Stat. 3388

   Amended · 10 U.S.C. § 4061

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Transfer of Title 10 Sections.— Sections 2359a, 2359b, 2361a, 2358b, 2374a, and 2365 of title 10, United States Code, are transferred to chapter 303 of such title, as added by subsection (a), inserted (in that order) after the table of sections, and redesignated as sections 4061, 4062, 4063, 4064, 4065, and 4066, respectively.

   Effective date note
   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.

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 4061(b)(5)

   Pub. L. 116–283, § 1883(b)(2), substituted “section 4004” for “section 2302e”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1883(b)(2), substituted “section 4004” for “section 2302e”.

   Enacted provision · exact public law section
   * * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.

   Effective date note
   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.

8. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 1701(d)(8) · 135 Stat. 1541

   Substituted · 10 U.S.C. § 4061(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (8) Section 4061 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended in subsection (b)(5) by striking “section 2302e” and inserting “section 4004”.

   Effective date note
   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.

9. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 860(1)(A) · 137 Stat. 136

   1. Inserted · 10 U.S.C. § 4061(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,”

   2. Substituted · 10 U.S.C. § 4061(a)(1)

      Pub. L. 118–31, § 860(1)(A), substituted “commercialization of various technologies, including critical technologies” for “fielding of technologies”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by inserting “to enable and assist small businesses” after “merit-based program”; (ii) by striking “fielding of technologies” and inserting “commercialization of various technologies, including critical technologies”; and (iii) by inserting “capabilities developed through competitively awarded prototype agreements” after “defense laboratories,”; and

10. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 860(1)(B) · 137 Stat. 136

    Inserted · 10 U.S.C. § 4061(a)(2)

    Pub. L. 118–31, § 860(1)(B), inserted “support the integration of such products,” after “evaluation outcomes,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 118–31, § 860(1)(B), inserted “support the integration of such products,” after “evaluation outcomes,”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting “support the integration of such products,” after “evaluation outcomes,”;

11. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 860(2)(A) · 137 Stat. 136

    Inserted · 10 U.S.C. § 4061(b)(1)

    Pub. L. 118–31, § 860(2)(A), inserted “primarily major defense acquisition programs, but also other” after “candidate proposals in support of”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “primarily major defense acquisition programs, but also other” after “candidate proposals in support of”; and

12. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 860(2)(B) · 137 Stat. 136

    Substituted · 10 U.S.C. § 4061(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “by each military department” and inserting “by each Office of Small Business Programs of each military department”; and

13. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 860(3) · 137 Stat. 136

    Substituted · 10 U.S.C. § 4061(d)(2)

    Pub. L. 118–31, § 860(3), substituted “$6,000,000” for “$3,000,000”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 118–31, § 860(3), substituted “$6,000,000” for “$3,000,000”.

    Enacted provision · exact public law section
    (3) in subsection (d)(2), by striking “$3,000,000” and inserting “$6,000,000”.

16 of 16 references resolved to an enrolled provision