2025—Subsec. (a). Pub. L. 119–60, § 1823(1), amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals.”
Subsec. (c). Pub. L. 119–60, § 1823(4), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 119–60, § 1823(5), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department.”
Pub. L. 119–60, § 1823(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 119–60, § 1823(2), (3), redesignated subsec. (d) as (e) and struck out former subsec. (e). Text of former subsec. (e) read as follows: “In this section, the term ‘innovative’ means—
“(1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or
“(2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.”
Subsec. (e)(2)(A), (B). Pub. L. 119–60, § 1823(6), substituted “commercial product, commercial service, or nondevelopmental item” for “innovative commercial product or commercial service”.
2022—Subsec. (c)(2). Pub. L. 117–263 substituted “fixed-price incentive contracts” for “fixed-price incentive fee contracts”.
2021—Pub. L. 117–81, § 803(b)(1), renumbered section 2380c of this title as this section.
Subsec. (b). Pub. L. 117–81, § 803(b)(3)(A), substituted “chapter 221” for “chapter 137”.
Subsec. (c)(3). Pub. L. 117–81, § 803(b)(3)(B), substituted “section 3451(1)” for “section 2376(1)”.
Pub. L. 117–81, div. A, title VIII, § 803(b)(4),
Pub. L. 118–31, div. A, title VIII, § 813, “(a) During each fiscal year beginning after the date of the enactment of this Act [“(b) With respect to acquisition carried out under section 3458 of title 10, United States Code, pursuant to subsection (a), the Secretary of Defense shall—“(1) assign the responsibility for carrying out such acquisition to a portfolio acquisition executive and a head of a science and technology reinvention laboratory from the same military department, who shall co-lead such acquisition; and“(2) ensure that the portfolio acquisition executive and the head of a science and technology reinvention laboratory assigned as co-leads under paragraph (1) have similar existing requirements and funding for transitioning technologies to acquisition programs within the area of focus for such acquisition.“(c) Subsection (a) shall expire on “(d) In this section:“(1) The terms ‘military department’ and ‘services acquisition executive’ have the meanings given such terms in section 101(a) of title 10, United States Code.“(2) The term ‘portfolio acquisition executive’ has the meaning given such term in section 1737(a) of title 10, United States Code.“(3) The term ‘science and technology reinvention laboratory’ means a science and technology reinvention laboratory designated under section 4121(b) of title 10, United States Code.”
Pub. L. 117–81, div. A, title VIII, § 803(a)(3), “(A) The Secretary of Defense and each Secretary of a military department shall collect and analyze data on the use of the authority under section 2380c of title 10, United States Code [now 10 U.S.C. 3458], as added by paragraph (1), for the purposes of—“(i) developing and sharing best practices for achieving the objectives of the authority;“(ii) gathering information on the implementation of the authority and related policy issues; and“(iii) informing the congressional defense committees on the use of the authority.“(B) The authority under section 2380c [now 3458] of title 10, United States Code, as added by paragraph (1), may not be exercised by the Secretary of Defense or any Secretary of a military department during the period beginning on “(C) In this paragraph, the terms ‘congressional defense committees’ and ‘military department’ have the meanings given such terms in section 101(a) of title 10, United States Code.”
Pub. L. 117–81, div. A, title VIII, § 803(b)(5),