Amendments
2024—Subsec. (a). [Pub. L. 118–159, § 835(3)], substituted “subsection (c)” for “subsection (d)”.
Subsecs. (c), (d). [Pub. L. 118–159, § 835(1)], (2), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which authorized the Secretary of Defense to appoint an individual from civilian life to serve as the director for the extramural acquisition innovation and research to serve a term of five years.
Subsec. (e). [Pub. L. 118–159, § 835(2)], (4), redesignated subsec. (f) as (e) and substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Director”. Former subsec. (e) redesignated (d).
Subsec. (f). [Pub. L. 118–159, § 835(2)], redesignated subsec. (f) as (e).
2021—[Pub. L. 116–283, § 1844(b)], as added by [Pub. L. 117–81, § 1701(u)(5)(B)], renumbered section 2361a of this title as this section.
[Pub. L. 116–283, § 1842(b)], which directed the renumbering of section 2361a of this title as section 4063 instead of this section, was amended by [Pub. L. 117–81, § 1701(q)(1)], (u)(3)(B), effective as if included therein, so that such renumbering was no longer directed.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by [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.
Catalyst Pathfinder Program
[Pub. L. 119–60, div. A, title II, § 222], Dec. 18, 2025, [139 Stat. 781], provided that:“(a)
Establishment.—
Not later than January 1, 2027, the Secretary of the Army shall establish a program that—
“(1)
creates partnerships between operational units of the Army and research universities to provide a platform for university-based researchers and small businesses to collaborate directly with soldiers on innovative applied research and development; and
“(2)
integrates soldiers into the problem identification process and early-stage development efforts to ensure technical solutions are meeting soldier needs and enhancing lethality.
“(b)
Activities.—
In carrying out the program, the Secretary shall—
“(1)
establish activities at select divisions of the Army to accelerate the incorporation of soldier insights into capability development;
“(2)
establish policies that streamline collaboration between soldiers, Army Transformation and Training Command, research universities, and small businesses;
“(3)
establish a governance board that includes representatives from the research, development, test, and evaluation, acquisition, requirements, and research university communities; and
“(4)
promote transition of successful program projects to Army programs.
“(c)
Inclusion in Future-years Defense Program.—
The program shall be treated as a research, development, test, and evaluation activity in the Army’s input to the future-years defense program submitted to Congress under
section 221 of title 10, United States Code.”
Prohibition on Modification of Indirect Cost Rates for Institutions of Higher Education and Nonprofit Organizations
[Pub. L. 119–60, div. A, title II, § 230], Dec. 18, 2025, [139 Stat. 788], provided that:“(a)
Prohibition.—
The Secretary of Defense may not change or modify indirect cost rates (otherwise known as facilities and administration cost rates) for Department of Defense grants and contracts awarded to institutions of higher education and nonprofit organizations (as those terms are defined in part 200 of title 2, Code of Federal Regulations) until the Secretary makes the certification described under subsection (b).
“(b)
Certification.—
A certification under this subsection is a certification to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that the Department of Defense—
“(1)
working with the extramural research community, including representatives from universities, university associations, independent research institutes, and private foundations, has developed an alternative indirect cost model that has—
“(A)
reduced the indirect cost rate for all applicable institutions of higher education and nonprofit organizations (compared to indirect rates for fiscal year 2025); and
“(B)
optimized payment of legitimate and essential indirect costs involved in conducting Department of Defense research to ensure transparency and efficiency for Department of Defense-funded grants and contracts; and
“(2)
established an implementation plan with adequate transition time to change budgeting and accounting processes for affected institutions of higher education and nonprofit organizations.”
Implementation of Section
[Pub. L. 116–92, div. A, title VIII, § 835(a)(3)], Dec. 20, 2019, [133 Stat. 1496], provided that:“(A)
Deadline.—
Not later than
March 1, 2020, the Secretary of Defense shall establish the extramural acquisition innovation and research activities required by
section 2361a of title 10, United States Code [now
10 U.S.C. 4142] (as added by this subsection).
“(B)
Report.—
“(i)
In general.—
Not later than January 1, 2021, the Director of the extramural acquisition innovation and research activities appointed under such section shall submit to the Secretary of Defense a report setting forth a plan, proposed budget, and schedule for execution of such activities.
“(ii)
Transmittal.—
Not later than February 1, 2021, the Secretary of Defense shall transmit the report required under clause (i), together with whatever comments the Secretary considers appropriate, to the Committees on Armed Services of the Senate and the House of Representatives.”
Records of the Section 809 Panel
[Pub. L. 116–92, div. A, title VIII, § 835(b)], Dec. 20, 2019, [133 Stat. 1496], provided that:“(1)
Transfer and maintenance of records.—
Not later than March 1, 2020, the records of the Section 809 Panel shall be transferred to, and shall be maintained by, the Defense Technical Information Center.
“(2)
Status of records.—
Working papers, records of interview, and any other draft work products generated for any purpose by the Section 809 Panel shall be covered by the deliberative process privilege exemption under paragraph (5) of
section 552(b) of title 5, United States Code.
“(3)
Availability.—
To the maximum extent practicable, the Secretary shall make the records available to support activities conducted by the research organization described under
section 2361a of title 10, United States Code [now
10 U.S.C. 4142] (as added by subsection (a)).
“(4)
Section 809 panel defined.—
In this subsection, the term ‘Section 809 Panel’ means the panel established by the Secretary of Defense pursuant to section 809 of the National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92]) [[129 Stat. 889]].”