§ 4062. Defense Acquisition Challenge 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. 2002

   Pub. L. 107–314 div. A title II § 243(a) · 116 Stat. 2458

   Enacted · 10 U.S.C. § 4062

   Added Pub. L. 107–314, div. A, title II, § 243(a), Dec. 2, 2002, 116 Stat. 2495, § 2359b

   Source evidence

   Code source credit
   Added Pub. L. 107–314, div. A, title II, § 243(a), Dec. 2, 2002, 116 Stat. 2495, § 2359b

   Enacted provision · exact public law section
   (a) In General.— Chapter 139 of title 10, United States Code, is amended by inserting after section 2359a (as added by section 242) the following new section: “§2359b. Defense Acquisition Challenge Program “(a) Program Required.— (1) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall carry out a program to provide opportunities for the increased introduction of innovative and cost-saving technology in acquisition programs of the Department of Defense. “(2) The program, to be known as the Defense Acquisition Challenge Program (hereinafter in this section referred to as the ‘Challenge Program’), shall provide any person or activity within or outside the Department of Defense with the opportunity to propose alternatives, to be known as challenge proposals, at the component, subsystem, or system level of an existing Department of Defense acquisition program that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program. “(b) Panels.— Establishment. The Under Secretary shall establish one or more panels of highly qualified scientists and engineers (hereinafter in this section referred to as ‘Panels’) to provide preliminary evaluations of challenge proposals under subsection (c). “(c) Preliminary Evaluation by Panels.— (1) Procedures. Under procedures prescribed by the Under Secretary, a person or activity within or outside the Department of Defense may submit challenge proposals to a Panel, through the unsolicited proposal process or in response to a broad agency announcement. “(2) The Under Secretary shall establish procedures pursuant to which appropriate officials of the Department of Defense may identify proposals submitted through the unsolicited proposal process as challenge proposals. The procedures shall provide for the expeditious referral of such proposals to a Panel for preliminary evaluation under this subsection. “(3) The Under Secretary shall issue on an annual basis not less than one such broad agency announcement inviting interested parties to submit challenge proposals. Such announcements may also identify particular technology areas and acquisition programs that will be given priority in the evaluation of challenge proposals. “(4) Under procedures established by the Under Secretary, a Panel shall carry out a preliminary evaluation of each challenge proposal submitted in response to a broad agency announcement, or submitted through the unsolicited proposal process and identified as a challenge proposal in accordance with paragraph (2), to determine each of the following: “(A) Whether the challenge proposal has merit. “(B) Whether the challenge proposal is likely to result in improvements in performance, affordability, manufacturability, or operational capability at the component, subsystem, or system level of an acquisition program. “(C) Whether the challenge proposal could be implemented in the acquisition program rapidly, at an acceptable cost, and without unacceptable disruption to the acquisition program. “(5) The Under Secretary may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been previously reviewed and found not to have merit. “(6) If a Panel determines that a challenge proposal satisfies each of the criteria specified in paragraph (4), the person or activity submitting that challenge proposal shall be provided an opportunity to submit such challenge proposal for a full review and evaluation under subsection (d). “(d) Full Review and Evaluation.— (1) Procedures. Under procedures prescribed by the Under Secretary, for each challenge proposal submitted for a full review and evaluation as provided in subsection (c)(6), the office carrying out the acquisition program to which the proposal relates shall, in consultation with the prime system contractor carrying out such program, conduct a full review and evaluation of the proposal. “(2) The full review and evaluation shall, independent of the determination of a Panel under subsection (c)(4), determine each of the matters specified in subparagraphs (A), (B), and (C) of such subsection. The full review and evaluation shall also include— “(A) an assessment of the cost of adopting the challenge proposal and implementing it in the acquisition program; and “(B) consideration of any intellectual property issues associated with the challenge proposal. “(e) Action Upon Favorable Full Review and Evaluation.— (1) Procedures. Under procedures prescribed by the Under Secretary, each challenge proposal determined under a full review and evaluation to satisfy each of the criteria specified in subsection (c)(4) with respect to an acquisition program shall be considered by the office carrying out the applicable acquisition program and the prime system contractor for incorporation into the acquisition program as a new technology insertion at the component, subsystem, or system level. “(2) The Under Secretary shall encourage the adoption of each challenge proposal referred to in paragraph (1) by providing suitable incentives to the office carrying out the acquisition program and the prime system contractor carrying out such program. “(f) Access to Technical Resources.— (1) Under procedures Procedures. established by the Under Secretary, the technical resources of the laboratories, research, development, and engineering centers, test and evaluation activities, and other elements of the Department may be called upon to support the activities of the Challenge Program. “(2) Funds available to carry out this program may be used to compensate such laboratories, centers, activities, and elements for technical assistance provided to a Panel pursuant to paragraph (1). –(g) Elimination of Conflicts of Interest.— In carrying out each preliminary evaluation under subsection (c) and full review under subsection (d), the Under Secretary shall ensure the elimination of conflicts of interest. “(h) Limitation on Use of Funds.— Funds made available for the Challenge Program may be used only for activities authorized by this section, and not for implementation of challenge proposals. “(i) Annual Report.— The Under Secretary shall submit an annual report on the Challenge Program to Congress. The report shall be submitted at the same time as the President submits the budget for a fiscal year to Congress under section 1105(a) of title 31, and shall cover the conduct of the Challenge Program for the preceding fiscal year. The report shall include the number and scope of challenge proposals submitted, preliminarily evaluated, subjected to full review and evaluation, and adopted. No report is required for a fiscal year in which the Challenge Program is not carried out. “(j) Termination of Authority.— The Secretary may not carry out the Challenge Program under this section after September 30, 2007.”.

2. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 213(b)(1) · 120 Stat. 2083

   1. Added · 10 U.S.C. § 4062(c)(4); 10 U.S.C. § 4062(c)(5)

      Pub. L. 109–364, § 213(b)(1), added par. (4)

   2. Redesignated · 10 U.S.C. § 4062(c)(4); 10 U.S.C. § 4062(c)(5)

      Pub. L. 109–364, § 213(b)(1), redesignated former par. (4) as (5). Former par. (5) redesignated (6)

   Source evidence

   Code amendment note
   Subsec. (c)(4), (5). Pub. L. 109–364, § 213(b)(1), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6).

   Enacted provision · exact public law section
   (1) Solicitation of challenge proposals.— Section 2359b(c) of title 10, United States Code, is amended— (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (3) the following new paragraph (4): “(4) (A) Procedures. The Under Secretary shall establish procedures for the prompt issuance of a solicitation for challenge proposals addressing— “(i) any acquisition program for which, since the last such announcement, the Secretary concerned has determined under section 2433(d) of this title that the program’s acquisition unit cost or procurement unit cost has increased by a percentage equal to or greater than the critical cost growth threshold for the program (in this section referred to as a ‘critical cost growth threshold breach’); and “(ii) any design, engineering, manufacturing, or technology integration issues, in accordance with the assessment required by section 2433(e)(2)(A) of this title, that have contributed significantly to the cost growth of such program. “(B) A solicitation under this paragraph may be included in a broad agency announcement issued pursuant to paragraph (3) as long as the broad agency announcement is released in an expeditious manner following the determination of the Secretary concerned that a critical cost growth threshold breach has occurred with respect to a major defense acquisition program.” .

3. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 213(b)(1)(A) · 120 Stat. 2083

   1. Redesignated · 10 U.S.C. § 4062(c)(6)

      Pub. L. 109–364, § 213(b)(1)(A), (d), redesignated par. (5) as (6)

   2. Redesignated · 10 U.S.C. § 4062(c)(6)

      Pub. L. 109–364, § 213(b)(1)(A), (d), amended it generally. Prior to amendment, par. (6) read as follows: “The Under Secretary may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been previously reviewed and found not to have merit.” Former par. (6) redesignated (7)

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 109–364, § 213(b)(1)(A), (d), redesignated par. (5) as (6) and amended it generally. Prior to amendment, par. (6) read as follows: “The Under Secretary may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been previously reviewed and found not to have merit.” Former par. (6) redesignated (7).

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and

4. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 213(b)(1)(A) · 120 Stat. 2083

   1. Redesignated · 10 U.S.C. § 4062(c)(7)

      Pub. L. 109–364, § 213(b)(1)(A), (g)(1), redesignated par. (6) as (7)

   2. Substituted · 10 U.S.C. § 4062(c)(7)

      Pub. L. 109–364, § 213(b)(1)(A), (g)(1), substituted “paragraph (5)” for “paragraph (4)”

   Source evidence

   Code amendment note
   Subsec. (c)(7). Pub. L. 109–364, § 213(b)(1)(A), (g)(1), redesignated par. (6) as (7) and substituted “paragraph (5)” for “paragraph (4)”.

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and

5. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 213(g)(2) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 4062(d)(1)

   Pub. L. 109–364, § 213(g)(2), substituted “subsection (c)(7)” for “subsection (c)(6)”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 109–364, § 213(g)(2), substituted “subsection (c)(7)” for “subsection (c)(6)”.

   Enacted provision · exact public law section
   (2) in subsection (d)(1), by striking “subsection (c)(6)” and inserting “subsection (c)(7)”;

6. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 213(g)(3) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 4062(d)(2)

   Pub. L. 109–364, § 213(g)(3), substituted “subsection (c)(5)” for “subsection (c)(4)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 109–364, § 213(g)(3), substituted “subsection (c)(5)” for “subsection (c)(4)” in introductory provisions.

   Enacted provision · exact public law section
   (3) in subsection (d)(2), by striking “subsection (c)(4)” and inserting “subsection (c)(5)”; and

7. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 213(g)(4) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 4062(e)(1)

   Pub. L. 109–364, § 213(g)(4), substituted “subsection (c)(5)” for “subsection (c)(4)”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 109–364, § 213(g)(4), substituted “subsection (c)(5)” for “subsection (c)(4)”.

   Enacted provision · exact public law section
   (4) in subsection (e)(1), by striking “subsection (c)(4)” and inserting “subsection (c)(5)”.

8. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 213(b)(2) · 120 Stat. 2083

   Added · 10 U.S.C. § 4062(e)(3)

   Pub. L. 109–364, § 213(b)(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 109–364, § 213(b)(2), added par. (3).

   Enacted provision · exact public law section
   (2) Requirement for guidelines for covering costs of challenge proposals.— Section 2359b(e) of such title is amended by adding at the end the following new paragraph: “(3) In the case of a challenge proposal submitted in response to a solicitation issued as a result of a critical cost growth threshold breach that is determined under full review and evaluation to satisfy each of the criteria specified in subsection (c)(5), the Under Secretary shall establish guidelines for covering the costs of the challenge proposal. If appropriate, such guidelines shall not be restricted to funding provided by the Defense Acquisition Challenge Program, but shall also consider alternative funding sources, such as the acquisition program with respect to which the breach occurred.” .

9. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 213(b)(3) · 120 Stat. 2083

   1. Added · 10 U.S.C. § 4062(f); 10 U.S.C. § 4062(g)

      Pub. L. 109–364, § 213(b)(3), added subsec. (f)

   2. Redesignated · 10 U.S.C. § 4062(f); 10 U.S.C. § 4062(g)

      Pub. L. 109–364, § 213(b)(3), redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h)

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 109–364, § 213(b)(3), added subsec. (f) and redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h).

   Enacted provision · exact public law section
   (3) Action upon unfavorable full review and evaluation.— Section 2359b of such title is amended— (A) by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and (k) respectively; and (B) by inserting after subsection (e) the following new subsection (f): “(f) Action Upon Unfavorable Full Review and Evalua- tion.— Under Procedures. Applicability. procedures prescribed by the Under Secretary, if a challenge proposal is determined by a Panel to satisfy each of the criteria specified in subsection (c)(5), but is not determined under a full review and evaluation to satisfy such criteria, the following provisions apply: “(1) The office carrying out the full review and evaluation shall provide to the Panel that conducted the preliminary evaluation a statement containing a summary of the rationale for the unfavorable evaluation. “(2) If the Panel disagrees with the rationale provided under paragraph (1), the Panel may return the challenge proposal to the office for further consideration.” .

10. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 213(b)(3)(A) · 120 Stat. 2083

    1. Redesignated · 10 U.S.C. § 4062(h)

       Pub. L. 109–364, § 213(b)(3)(A), (e), redesignated subsec. (g) as (h)

    2. Substituted · 10 U.S.C. § 4062(h)

       Pub. L. 109–364, § 213(b)(3)(A), (e), substituted “Conflicts of Interest and Confidentiality” for “Elimination of Conflicts of Interest” in heading

    3. Substituted · 10 U.S.C. § 4062(h)

       Pub. L. 109–364, § 213(b)(3)(A), (e), substituted “conflicts of interest and that the identity of any person or activity submitting a challenge proposal is not disclosed outside the Federal Government, prior to contract award, without the consent of the person or activity” for “conflicts of interest”

    4. Redesignated · 10 U.S.C. § 4062(h)

       Pub. L. 109–364, § 213(b)(3)(A), (e), inserted at end “For purposes of the proceeding sentence, the term ‘Federal Government’ includes both employees of the Federal Government and employees of Federal Government contractors providing advisory and assistance services as described in part 37 of the Federal Acquisition Regulation.” Former subsec. (h) redesignated (i)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–364, § 213(b)(3)(A), (e), redesignated subsec. (g) as (h), substituted “Conflicts of Interest and Confidentiality” for “Elimination of Conflicts of Interest” in heading, substituted “conflicts of interest and that the identity of any person or activity submitting a challenge proposal is not disclosed outside the Federal Government, prior to contract award, without the consent of the person or activity” for “conflicts of interest”, and inserted at end “For purposes of the proceeding sentence, the term ‘Federal Government’ includes both employees of the Federal Government and employees of Federal Government contractors providing advisory and assistance services as described in part 37 of the Federal Acquisition Regulation.” Former subsec. (h) redesignated (i).

    Enacted provision · exact public law section
    (A) by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and (k) respectively; and

11. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 213(b)(3)(A) · 120 Stat. 2083

    Redesignated · 10 U.S.C. § 4062(i)

    Pub. L. 109–364, § 213(b)(3)(A), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 109–364, § 213(b)(3)(A), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

    Enacted provision · exact public law section
    (A) by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and (k) respectively; and

12. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 213(b)(3)(A) · 120 Stat. 2083

    1. Redesignated · 10 U.S.C. § 4062(j)

       Pub. L. 109–364, § 213(b)(3)(A), (4), redesignated subsec. (i) as (j)

    2. Redesignated · 10 U.S.C. § 4062(j)

       Pub. L. 109–364, § 213(b)(3)(A), (4), substituted “The report shall also include a list of each challenge proposal that was determined by a Panel to satisfy each of the criteria specified in subsection (c)(5), but was not determined under a full review and evaluation to satisfy such criteria, together with a detailed rationale for the Department’s determination that such criteria were not satisfied” for “No report is required for a fiscal year in which the Challenge Program is not carried out”. Former subsec. (j) redesignated (k)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 109–364, § 213(b)(3)(A), (4), redesignated subsec. (i) as (j) and substituted “The report shall also include a list of each challenge proposal that was determined by a Panel to satisfy each of the criteria specified in subsection (c)(5), but was not determined under a full review and evaluation to satisfy such criteria, together with a detailed rationale for the Department’s determination that such criteria were not satisfied” for “No report is required for a fiscal year in which the Challenge Program is not carried out”. Former subsec. (j) redesignated (k).

    Enacted provision · exact public law section
    (A) by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and (k) respectively; and

13. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 213(b)(3)(A) · 120 Stat. 2083

    1. Redesignated · 10 U.S.C. § 4062(k)

       Pub. L. 109–364, § 213(b)(3)(A), (f), redesignated subsec. (j) as (k)

    2. Substituted · 10 U.S.C. § 4062(k)

       Pub. L. 109–364, § 213(b)(3)(A), (f), substituted “2012” for “2007”

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 109–364, § 213(b)(3)(A), (f), redesignated subsec. (j) as (k) and substituted “2012” for “2007”.

    Enacted provision · exact public law section
    (A) by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and (k) respectively; and

14. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 · 122 Stat. 4356

    Added · 10 U.S.C. § 4062(l)

    Pub. L. 110–417 added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 110–417 added subsec. (l).

15. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title VIII § 827 · 124 Stat. 4137

    1. Redesignated · 10 U.S.C. § 4062(j)(l)

       Pub. L. 111–383 redesignated subsec. (l) as (j)

    2. Added · 10 U.S.C. § 4062(j)(l)

       Pub. L. 111–383 added subsec. (k)

    3. Struck · 10 U.S.C. § 4062(j)(l)

       Pub. L. 111–383 struck out former subsecs. (j) and (k) which related to annual report and termination of authority, respectively

    Source evidence

    Code amendment note
    Subsecs. (j) to (l). Pub. L. 111–383 redesignated subsec. (l) as (j), added subsec. (k), and struck out former subsecs. (j) and (k) which related to annual report and termination of authority, respectively.

    Enacted provision · exact public law section
    SEC. 827. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE PROGRAM; PILOT EXPANSION OF PROGRAM. (a) Permanent Authority.— Section 2359b of title 10, United States Code, is amended— (1) by striking subsections (j) and (k); and (2) by redesignating subsection (l) as subsection (j). (b) Pilot Program.— Section 2359b of title 10, United States Code, as amended by subsection (a), is further amended by adding at the end the following new subsection (k): “(k) Pilot Program for Programs Other Than Major Defense Acquisition Programs.— “(1) In general.— The Under Secretary of Defense for Acquisition, Technology, and Logistics shall carry out a pilot program to expand the use of the authority provided in this section to provide opportunities for the introduction of innovative and cost-saving approaches to programs other than major defense acquisition programs through the submission, review, and implementation, where appropriate, of qualifying proposals. “(2) Qualifying proposals.— For purposes of this subsection, a qualifying proposal is an offer to supply a nondevelopmental item that— “(A) is evaluated as achieving a level of performance that is at least equal to the level of performance of an item being procured under a covered acquisition program and as providing savings in excess of 15 percent after considering all costs to the Government of implementing such proposal; or “(B) is evaluated as achieving a level of performance that is significantly better than the level of performance of an item being procured under a covered acquisition program without any increase in cost to the Government. “(3) Review procedures.— The Under Secretary shall adopt modifications as may be needed to the procedures applicable to the Challenge Program to provide for Department of Defense review of, and action on, qualifying proposals. Such procedures shall include, at a minimum, the issuance of a broad agency announcement inviting interested parties to submit qualifying proposals in areas of interest to the Department. “(4) Definitions.— In this subsection: “(A) Nondevelopmental item.— The term ‘nondevelopmental item’ has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). “(B) Covered acquisition program.— The term ‘covered acquisition program’ means any acquisition program of the Department of Defense other than a major defense acquisition program, but does not include any contract awarded under an exception to competitive acquisition authorized by the Small Business Act (15 U.S.C. 631 et seq.) “(C) Level of performance.— The term ‘level of performance’, with respect to a nondevelopmental item, means the extent to which the item demonstrates required item functional characteristics. “(5) Sunset.— The authority to carry out the pilot program under this subsection shall terminate on the date that is five years after the date of the enactment of this Act.” .

16. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title X § 1076(e)(3) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 4062(k)(5)

    Pub. L. 112–239 substituted “January 7, 2016” for “the date that is five years after the date of the enactment of this Act”

    Source evidence

    Code amendment note
    Subsec. (k)(5). Pub. L. 112–239 substituted “January 7, 2016” for “the date that is five years after the date of the enactment of this Act”.

    Enacted provision · exact public law section
    (3) Section 2359b(k)(5) is amended by striking “the date that is five years after the date of the enactment of this Act” and inserting “January 7, 2016”.

17. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 div. A title X § 1091(a)(10) · 127 Stat. 672

    Inserted · 10 U.S.C. § 4062(k)(4)(B)

    Pub. L. 113–66 inserted period at end

    Source evidence

    Code amendment note
    Subsec. (k)(4)(B). Pub. L. 113–66 inserted period at end.

    Enacted provision · exact public law section
    (10) Section 2359b(k)(4)(B) is amended by adding a period at the end.

18. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title X § 1071(a)(6) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 4062(k)(4)(A)

    Pub. L. 113–291 substituted “section 110 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)”

    Source evidence

    Code amendment note
    Subsec. (k)(4)(A). Pub. L. 113–291 substituted “section 110 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)”.

    Enacted provision · exact public law section
    (6) Section 2359b(k)(4)(A) is amended by striking “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and inserting “section 110 of title 41”.

19. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(a) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 4062(a)(2)

    Pub. L. 114–328, § 828(a), substituted “system, or system-of-systems level of an existing Department of Defense acquisition program, or to address any broader functional challenge to Department of Defense missions that may not fall within an acquisition program, that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program or function.” for “or system level of an existing Department of Defense acquisition program that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 114–328, § 828(a), substituted “system, or system-of-systems level of an existing Department of Defense acquisition program, or to address any broader functional challenge to Department of Defense missions that may not fall within an acquisition program, that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program or function.” for “or system level of an existing Department of Defense acquisition program that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program.”

    Enacted provision · exact public law section
    (a) Expansion of Scope To Include Systems-of-systems and Functions.— Paragraph (2) of subsection (a) of section 2359b of title 10, United States Code, is amended by striking “or system” and all that follows through the end of the paragraph and inserting the following: “system, or system-of-systems level of an existing Department of Defense acquisition program, or to address any broader functional challenge to Department of Defense missions that may not fall within an acquisition program, that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program or function.”.

20. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(d)(1) · 130 Stat. 2000

    Inserted · 10 U.S.C. § 4062(c)(3)

    Pub. L. 114–328, § 828(d)(1), inserted “or functions” after “acquisition programs”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 114–328, § 828(d)(1), inserted “or functions” after “acquisition programs”.

    Enacted provision · exact public law section
    (1) in subsection (c)(3), by inserting “or functions” after “acquisition programs”;

21. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(d)(2) · 130 Stat. 2000

    Added · 10 U.S.C. § 4062(c)(4)(A)(iii)

    Pub. L. 114–328, § 828(d)(2), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A)(iii). Pub. L. 114–328, § 828(d)(2), added cl. (iii).

    Enacted provision · exact public law section
    (2) in subsection (c)(4)(A)— (A) by striking “and” at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting “; and”; and (C) by adding at the end the following new clause: “(iii) any functional challenges of importance to Department of Defense missions.” ;

22. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(d)(4) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 4062(c)(5)(B)

    Pub. L. 114–328, § 828(d)(4), substituted “system, or system-of-systems” for “or system”

    Source evidence

    Code amendment note
    Subsec. (c)(5)(B). Pub. L. 114–328, § 828(d)(4), substituted “system, or system-of-systems” for “or system”.

    Enacted provision · exact public law section
    (4) in subsection (c)(5)(B) and in subsection (e)(1), by striking “or system” and inserting “system, or system-of-systems”.

23. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(d)(3) · 130 Stat. 2000

    Added · 10 U.S.C. § 4062(c)(5)(D)

    Pub. L. 114–328, § 828(d)(3), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (c)(5)(D). Pub. L. 114–328, § 828(d)(3), added subpar. (D).

    Enacted provision · exact public law section
    (3) in subsection (c)(5), by adding at the end the following new subparagraph: “(D) Whether the challenge proposal is likely to result in improvements to any functional challenges of importance to Department of Defense missions, and whether the proposal could be implemented rapidly, at an acceptable cost, and without unacceptable disruption to such missions.” ; and

24. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(d)(4) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 4062(e)(1)

    Pub. L. 114–328, § 828(d)(4), substituted “system, or system-of-systems” for “or system”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 114–328, § 828(d)(4), substituted “system, or system-of-systems” for “or system”.

    Enacted provision · exact public law section
    (4) in subsection (c)(5)(B) and in subsection (e)(1), by striking “or system” and inserting “system, or system-of-systems”.

25. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(b)(2) · 130 Stat. 2000

    Redesignated · 10 U.S.C. § 4062(j)

    Pub. L. 114–328, § 828(b)(2), added subsec. (j). Former subsec. (j) redesignated (k)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 114–328, § 828(b)(2), added subsec. (j). Former subsec. (j) redesignated (k).

    Enacted provision · exact public law section
    (2) by inserting after subsection (i) the following new subsection: “(j) Treatment of Use of Certain Procedures as Use of Competitive Procedures.— The use of general solicitation competitive procedures established under subsection (c) shall be considered to be the use of competitive procedures for purposes of chapter 137 of this title.” .

26. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(b)(1) · 130 Stat. 2000

    Redesignated · 10 U.S.C. § 4062(k); 10 U.S.C. § 4062(l)

    Pub. L. 114–328, § 828(b)(1), redesignated subsecs. (j) and (k) as (k) and (l), respectively

    Source evidence

    Code amendment note
    Subsecs. (k), (l). Pub. L. 114–328, § 828(b)(1), redesignated subsecs. (j) and (k) as (k) and (l), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and

27. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 828(c) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 4062(l)(5)

    Pub. L. 114–328, § 828(c), substituted “2021” for “2016”

    Source evidence

    Code amendment note
    Subsec. (l)(5). Pub. L. 114–328, § 828(c), substituted “2021” for “2016”.

    Enacted provision · exact public law section
    (c) Extension of Sunset for Pilot Program for Programs Other Than Major Defense Acquisition Programs.— Such section is further amended in paragraph (5) of subsection (l), as redesignated by subsection (b)(1) of this subsection, by striking “2016” and inserting “2021”.

28. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title IX § 902(56) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 4062(a)(1); 10 U.S.C. § 4062(l)(1)

    Pub. L. 116–92 substituted “Under Secretary of Defense for Research and Engineering” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (l)(1). Pub. L. 116–92 substituted “Under Secretary of Defense for Research and Engineering” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

    Enacted provision · exact public law section
    (56) Section 2359b of title 10, United States Code, is amended— (A) in subsection (a)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”; and (B) in subsection (l)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.

29. 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. § 4062

    Pub. L. 116–283, § 1842(b), as amended by Pub. L. 117–81, § 1701(q)(1), (u)(3)(B), renumbered section 2359b 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 2359b 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)(9) 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 Effective Date 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.

30. 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. § 4062(c)(4)(A)(i)

    Pub. L. 116–283, § 1883(b)(2), substituted “section 4374” for “section 2433(d)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1883(b)(2), substituted “section 4374” for “section 2433(d)”.

    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)(9) 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 Effective Date 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.

31. 2021

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

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

    Redesignated · 10 U.S.C. § 4062(c)(4)(A)(ii)

    Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, could not be executed for “section 2433(e)(2)(A)” as there were no subparagraphs in subsec. (e)(2) of former section 2433 of this title after general amendment by Pub. L. 111–23, title II, § 206(a)(3), May 22, 2009, 123 Stat. 1728. Section 2433(e)(2) was transferred to section 4375(b) of this title by Pub. L. 116–283

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, could not be executed for “section 2433(e)(2)(A)” as there were no subparagraphs in subsec. (e)(2) of former section 2433 of this title after general amendment by Pub. L. 111–23, title II, § 206(a)(3), May 22, 2009, 123 Stat. 1728. Section 2433(e)(2) was transferred to section 4375(b) of this title by Pub. L. 116–283.

    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)(9) 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 Effective Date 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.

32. 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. § 4062(k)(2)

    Pub. L. 116–283, § 1883(b)(2), substituted “section 3041” for “section 2302(5)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1883(b)(2), substituted “section 3041” for “section 2302(5)”.

    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)(9) 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 Effective Date 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.

33. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 1701(d)(9)(A)(i) · 135 Stat. 1541

    Substituted · 10 U.S.C. § 4062(c)(4)(A)(i)

    Pub. L. 117–81, § 1701(d)(9)(A)(i), which directed the substitution of “section 4374” for “section 2433(d)”, 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. (c)(4)(A)(i). Pub. L. 117–81, § 1701(d)(9)(A)(i), which directed the substitution of “section 4374” for “section 2433(d)”, 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
    (i) in clause (i), by striking “section 2433(d)” and inserting “section 4374”; and

    Effective date note
    Amendment by section 1701(d)(9) 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 Effective Date 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.

34. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 1701(d)(9)(A)(ii) · 135 Stat. 1541

    Substituted · 10 U.S.C. § 4062(c)(4)(A)(ii)

    Pub. L. 117–81, § 1701(d)(9)(A)(ii), substituted “section 4375(b)” for “section 2433(e)(2)(A)”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A)(ii). Pub. L. 117–81, § 1701(d)(9)(A)(ii), substituted “section 4375(b)” for “section 2433(e)(2)(A)”.

    Enacted provision · exact public law section
    (ii) in clause (ii), by striking “section 2433(e)(2)(A)” and inserting “section 4375(b)”;

    Effective date note
    Amendment by section 1701(d)(9) 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 Effective Date 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.

35. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 1701(d)(9)(B) · 135 Stat. 1541

    Substituted · 10 U.S.C. § 4062(j)

    Pub. L. 117–81, § 1701(d)(9)(B), substituted “sections 3201 through 3205” for “chapter 137”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 117–81, § 1701(d)(9)(B), substituted “sections 3201 through 3205” for “chapter 137”.

    Enacted provision · exact public law section
    (B) in subsection (j), by striking “chapter 137” and inserting “sections 3201 through 3205”; and

    Effective date note
    Amendment by section 1701(d)(9) 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 Effective Date 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.

36. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 1701(d)(9)(C) · 135 Stat. 1541

    Struck · 10 U.S.C. § 4062(k)(2)

    Pub. L. 117–81, § 1701(d)(9)(C), which directed that “(as defined in section 2302(5) of this title)” be struck out, was executed by striking out “(as defined in section 3041 of this title)” before period at end to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below

    Source evidence

    Code amendment note
    Subsec. (k)(2). Pub. L. 117–81, § 1701(d)(9)(C), which directed that “(as defined in section 2302(5) of this title)” be struck out, was executed by striking out “(as defined in section 3041 of this title)” before period at end to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below.

    Enacted provision · exact public law section
    (C) in subsection (k)(2), by striking “(as defined in section 2302(5) of this title)”.

    Effective date note
    Amendment by section 1701(d)(9) 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 Effective Date 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.

46 of 47 references resolved to an enrolled provision · 1 partial