10 U.S.C. § 4062 — Defense Acquisition Challenge Program

Page 2642 TITLE 10—ARMED FORCES § 4062 2302e’’, could not be executed because of the inter- vening amendment by Pub. L. 116–283, § 1883(b)(2). See note below. Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 4004’’ for ‘‘section 2302e’’. 2019—Subsec. (a)(1). Pub. L. 116–92, § 878(a)(1), inserted ‘‘phase II Small Business Technology Transfer Program projects,’’ after ‘‘projects,’’. Subsec. (b)(3). Pub. L. 116–92, § 878(a)(2)(A), sub- stituted ‘‘$6,000,000.’’ for ‘‘$3,000,000, unless the Sec- retary, or the Secretary’s designee, approves a larger amount of funding for the project.’’ Subsec. (b)(7). Pub. L. 116–92, § 878(a)(2)(B), added par. (7). Subsec. (d). Pub. L. 116–92, § 878(a)(3), designated ex- isting provisions as par. (1), inserted ‘‘and to the limi- tation under paragraph (2)’’ after ‘‘for such purpose’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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 sec- tion 1701(a)(3) of Pub. L. 117–81, set out in a note pre- ceding 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. REGIONAL ACTIVITIES Pub. L. 117–81, div. A, title II, § 213(b), Dec. 27, 2021, 135 Stat. 1589, provided that: ‘‘Subject to the availability of appropriations for such purpose, the Secretary of De- fense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector in- dustry and communities in various regions of the United States— ‘‘(1) to accelerate the adoption of commercially de- veloped advanced technology in modernization pri- ority areas and such other key technology areas as may be identified by the Secretary; and ‘‘(2) to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities.’’ PILOT PROGRAM TO ACCELERATE THE PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES Pub. L. 117–81, div. A, title VIII, § 834, Dec. 27, 2021, 135 Stat. 1835, as amended by Pub. L. 117–263, div. A, title VIII, § 845, Dec. 23, 2022, 136 Stat. 2720, which authorized the Secretary of Defense to establish a competitive, merit-based pilot program to accelerate the procure- ment and fielding of innovative technologies and re- quired the Secretary to issue guidelines for the oper- ation of such pilot program, was repealed by Pub. L. 118–159, div. A, title VIII, § 861(b), Dec. 23, 2024, 138 Stat. 2000. See section 3604 of this title. § 4062. Defense Acquisition Challenge Program (a) PROGRAM REQUIRED.—(1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, 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 Pro- gram’’), 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 compo- nent, subsystem, system, or system-of-systems level of an existing Department of Defense ac- quisition 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. (b) PANELS.—The Under Secretary shall estab- lish one or more panels of highly qualified sci- entists and engineers (hereinafter in this section referred to as ‘‘Panels’’) to provide preliminary evaluations of challenge proposals under sub- section (c). (c) PRELIMINARY EVALUATION BY PANELS.—(1) Under procedures prescribed by the Under Sec- retary, a person or activity within or outside the Department of Defense may submit chal- lenge proposals to a Panel, through the unsolic- ited proposal process or in response to a broad agency announcement. (2) The Under Secretary shall establish proce- dures pursuant to which appropriate officials of the Department of Defense may identify pro- posals submitted through the unsolicited pro- posal process as challenge proposals. The proce- dures 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 an- nual basis not less than one such broad agency announcement inviting interested parties to submit challenge proposals. Such announce- ments may also identify particular technology areas and acquisition programs or functions that will be given priority in the evaluation of challenge proposals. (4)(A) The Under Secretary shall establish pro- cedures 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 4374 of this title that the program’s acquisition unit cost or procurement unit cost has in- creased by a percentage equal to or greater than the critical cost growth threshold for the program (in this section referred to as a ‘‘crit- ical cost growth threshold breach’’); (ii) any design, engineering, manufacturing, or technology integration issues, in accord- ance with the assessment required by section 4375(b) of this title, that have contributed sig- nificantly to the cost growth of such program; and (iii) any functional challenges of importance to Department of Defense missions. (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 expedi- tious 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. Page 2643 TITLE 10—ARMED FORCES § 4062 (5) 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, af- fordability, manufacturability, or operational capability at the component, subsystem, sys- tem, or system-of-systems level of an acquisi- tion program. (C) Whether the challenge proposal could be implemented in the acquisition program rap- idly, at an acceptable cost, and without unac- ceptable disruption to the acquisition pro- gram. (D) Whether the challenge proposal is likely to result in improvements to any functional challenges of importance to Department of De- fense missions, and whether the proposal could be implemented rapidly, at an acceptable cost, and without unacceptable disruption to such missions. (6) The Under Secretary— (A) may establish procedures to ensure that the Challenge Program does not become an av- enue for the repetitive submission of proposals that have been previously reviewed and found not to have merit; and (B) may establish procedures to ensure that the Challenge Program establishes appropriate priorities for proposals from businesses that are not major contractors with the Depart- ment of Defense. (7) If a Panel determines that a challenge pro- posal satisfies each of the criteria specified in paragraph (5), the person or activity submitting that challenge proposal shall be provided an op- portunity to submit such challenge proposal for a full review and evaluation under subsection (d). (d) FULL REVIEW AND EVALUATION.—(1) Under procedures prescribed by the Under Secretary, for each challenge proposal submitted for a full review and evaluation as provided in subsection (c)(7), 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 re- view and evaluation of the proposal. (2) The full review and evaluation shall, inde- pendent of the determination of a Panel under subsection (c)(5), 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 prop- erty issues associated with the challenge pro- posal. (e) ACTION UPON FAVORABLE FULL REVIEW AND EVALUATION.—(1) 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 sub- section (c)(5) with respect to an acquisition pro- gram 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 in- sertion at the component, subsystem, system, or system-of-systems 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 pro- gram and the prime system contractor carrying out such program. (3) In the case of a challenge proposal sub- mitted in response to a solicitation issued as a result of a critical cost growth threshold breach that is determined under full review and evalua- tion to satisfy each of the criteria specified in subsection (c)(5), the Under Secretary shall es- tablish guidelines for covering the costs of the challenge proposal. If appropriate, such guide- lines 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. (f) ACTION UPON UNFAVORABLE FULL REVIEW AND EVALUATION.—Under 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 state- ment 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. (g) ACCESS TO TECHNICAL RESOURCES.—(1) Under procedures established by the Under Sec- retary, the technical resources of the labora- tories, 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 para- graph (1). (h) CONFLICTS OF INTEREST AND CONFIDEN- TIALITY.—In carrying out each preliminary eval- uation under subsection (c) and full review under subsection (d), the Under Secretary shall ensure the elimination of 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 con- tract award, without the consent of the person or activity. For purposes of the proceeding sen- tence, the term ‘‘Federal Government’’ includes both employees of the Federal Government and employees of Federal Government contractors Page 2644 TITLE 10—ARMED FORCES § 4062 providing advisory and assistance services as de- scribed in part 37 of the Federal Acquisition Regulation. (i) LIMITATION ON USE OF FUNDS.—Funds made available for the Challenge Program may be used only for activities authorized by this sec- tion, and not for implementation of challenge proposals. (j) TREATMENT OF USE OF CERTAIN PROCEDURES AS USE OF COMPETITIVE PROCEDURES.—The use of general solicitation competitive procedures es- tablished under subsection (c) shall be consid- ered to be the use of competitive procedures for purposes of sections 3201 through 3205 of this title. (k) SYSTEM DEFINED.—In this section, the term ‘‘system’’— (1) means— (A) the organization of hardware, software, material, facilities, personnel, data, and services needed to perform a designated function with specified results (such as the gathering of specified data, its processing, and its delivery to users); or (B) a combination of two or more inter- related pieces (or sets) of equipment ar- ranged in a functional package to perform an operational function or to satisfy a re- quirement; and (2) includes a major system. (l) PILOT PROGRAM FOR PROGRAMS OTHER THAN MAJOR DEFENSE ACQUISITION PROGRAMS.— (1) IN GENERAL.—The Under Secretary of De- fense for Research and Engineering shall carry out a pilot program to expand the use of the authority provided in this section to provide opportunities for the introduction of innova- tive and cost-saving approaches to programs other than major defense acquisition programs through the submission, review, and imple- mentation, 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 per- formance 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 Govern- ment of implementing such proposal; or (B) is evaluated as achieving a level of per- formance that is significantly better than the level of performance of an item being procured under a covered acquisition pro- gram without any increase in cost to the Government. (3) REVIEW PROCEDURES.—The Under Sec- retary 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 an- nouncement inviting interested parties to sub- mit 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 110 of title 41. (B) COVERED ACQUISITION PROGRAM.—The term ‘‘covered acquisition program’’ means any acquisition program of the Department of Defense other than a major defense acqui- sition 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 ter- minate on January 7, 2021. (Added Pub. L. 107–314, div. A, title II, § 243(a), Dec. 2, 2002, 116 Stat. 2495, § 2359b; amended Pub. L. 109–364, div. A, title II, § 213(b), (d)–(g), Oct. 17, 2006, 120 Stat. 2121–2123; Pub. L. 110–417, [div. A], title VIII, § 821, Oct. 14, 2008, 122 Stat. 4531; Pub. L. 111–383, div. A, title VIII, § 827, Jan. 7, 2011, 124 Stat. 4270; Pub. L. 112–239, div. A, title X, § 1076(e)(3), Jan. 2, 2013, 126 Stat. 1951; Pub. L. 113–66, div. A, title X, § 1091(a)(10), Dec. 26, 2013, 127 Stat. 876; Pub. L. 113–291, div. A, title X, § 1071(a)(6), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–328, div. A, title VIII, § 828, Dec. 23, 2016, 130 Stat. 2281; Pub. L. 116–92, div. A, title IX, § 902(56), Dec. 20, 2019, 133 Stat. 1549; renumbered § 4062 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1842(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4244, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(d)(9), (q)(1), (u)(3)(B), Dec. 27, 2021, 135 Stat. 2137, 2148, 2152.) Editorial Notes REFERENCES IN TEXT The Small Business Act, referred to in subsec. (l)(4)(B), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Ta- bles. AMENDMENTS 2021—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. 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. Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 4374’’ for ‘‘section 2433(d)’’. Subsec. (c)(4)(A)(ii). Pub. L. 117–81, § 1701(d)(9)(A)(ii), substituted ‘‘section 4375(b)’’ for ‘‘section 2433(e)(2)(A)’’. Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was re- designated by title XVIII of Pub. L. 116–283, as such sec- tion was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, could not be exe- cuted for ‘‘section 2433(e)(2)(A)’’ as there were no sub- paragraphs 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 Page 2645 TITLE 10—ARMED FORCES § 4066 2433(e)(2) was transferred to section 4375(b) of this title by Pub. L. 116–283. Subsec. (j). Pub. L. 117–81, § 1701(d)(9)(B), substituted ‘‘sections 3201 through 3205’’ for ‘‘chapter 137’’. Subsec. (k)(2). Pub. L. 117–81, § 1701(d)(9)(C), which di- rected that ‘‘(as defined in section 2302(5) of this title)’’ be struck out, was executed by striking out ‘‘(as de- fined in section 3041 of this title)’’ before period at end to reflect the probable intent of Congress and the inter- vening amendment by Pub. L. 116–283, § 1883(b)(2). See note below. Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 3041’’ for ‘‘section 2302(5)’’. 2019—Subsecs. (a)(1), (l)(1). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Research and Engi- neering’’ for ‘‘Under Secretary of Defense for Acquisi- tion, Technology, and Logistics’’. 2016—Subsec. (a)(2). Pub. L. 114–328, § 828(a), sub- stituted ‘‘system, or system-of-systems level of an ex- isting Department of Defense acquisition program, or to address any broader functional challenge to Depart- ment of Defense missions that may not fall within an acquisition program, that would result in improve- ments in performance, affordability, manufacturability, or operational capability of that ac- quisition program or function.’’ for ‘‘or system level of an existing Department of Defense acquisition program that would result in improvements in performance, af- fordability, manufacturability, or operational capa- bility of that acquisition program.’’ Subsec. (c)(3). Pub. L. 114–328, § 828(d)(1), inserted ‘‘or functions’’ after ‘‘acquisition programs’’. Subsec. (c)(4)(A)(iii). Pub. L. 114–328, § 828(d)(2), added cl. (iii). Subsec. (c)(5)(B). Pub. L. 114–328, § 828(d)(4), sub- stituted ‘‘system, or system-of-systems’’ for ‘‘or sys- tem’’. Subsec. (c)(5)(D). Pub. L. 114–328, § 828(d)(3), added sub- par. (D). Subsec. (e)(1). Pub. L. 114–328, § 828(d)(4), substituted ‘‘system, or system-of-systems’’ for ‘‘or system’’. Subsec. (j). Pub. L. 114–328, § 828(b)(2), added subsec. (j). Former subsec. (j) redesignated (k). Subsecs. (k), (l). Pub. L. 114–328, § 828(b)(1), redesig- nated subsecs. (j) and (k) as (k) and (l), respectively. Subsec. (l)(5). Pub. L. 114–328, § 828(c), substituted ‘‘2021’’ for ‘‘2016’’. 2014—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)’’. 2013—Subsec. (k)(4)(B). Pub. L. 113–66 inserted period at end. 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’’. 2011—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 re- port and termination of authority, respectively. 2008—Subsec. (l). Pub. L. 110–417 added subsec. (l). 2006—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). Subsec. (c)(6). Pub. L. 109–364, § 213(b)(1)(A), (d), redes- ignated par. (5) as (6) and amended it generally. Prior to amendment, par. (6) read as follows: ‘‘The Under Sec- retary may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been pre- viously reviewed and found not to have merit.’’ Former par. (6) redesignated (7). Subsec. (c)(7). Pub. L. 109–364, § 213(b)(1)(A), (g)(1), re- designated par. (6) as (7) and substituted ‘‘paragraph (5)’’ for ‘‘paragraph (4)’’. Subsec. (d)(1). Pub. L. 109–364, § 213(g)(2), substituted ‘‘subsection (c)(7)’’ for ‘‘subsection (c)(6)’’. Subsec. (d)(2). Pub. L. 109–364, § 213(g)(3), substituted ‘‘subsection (c)(5)’’ for ‘‘subsection (c)(4)’’ in introduc- tory provisions. Subsec. (e)(1). Pub. L. 109–364, § 213(g)(4), substituted ‘‘subsection (c)(5)’’ for ‘‘subsection (c)(4)’’. Subsec. (e)(3). Pub. L. 109–364, § 213(b)(2), added par. (3). Subsecs. (f), (g). Pub. L. 109–364, § 213(b)(3), added sub- sec. (f) and redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 109–364, § 213(b)(3)(A), (e), redesig- nated subsec. (g) as (h), substituted ‘‘Conflicts of Inter- est and Confidentiality’’ for ‘‘Elimination of Conflicts of Interest’’ in heading, substituted ‘‘conflicts of inter- est and that the identity of any person or activity sub- mitting a challenge proposal is not disclosed outside the Federal Government, prior to contract award, with- out 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 pro- viding advisory and assistance services as described in part 37 of the Federal Acquisition Regulation.’’ Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 109–364, § 213(b)(3)(A), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 109–364, § 213(b)(3)(A), (4), redesig- nated 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 cri- teria specified in subsection (c)(5), but was not deter- mined 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). Subsec. (k). Pub. L. 109–364, § 213(b)(3)(A), (f), redesig- nated subsec. (j) as (k) and substituted ‘‘2012’’ for ‘‘2007’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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 sec- tion 1701(a)(3) of Pub. L. 117–81, set out in a note pre- ceding 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. [§§ 4063 to 4065. Omitted] Editorial Notes CODIFICATION As enacted, Pub. L. 116–283, div. A, title XVIII, § 1842(b), Jan. 1, 2021, 134 Stat. 4244, originally trans- ferred sections 2361a, 2358b, and 2374a of this title to sections 4063 to 4065, respectively, to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(q)(1), (u)(3)(B), Dec. 27, 2021, 135 Stat. 2148, 2152, amended section 1842(b) of Pub. L. 116–283, effec- tive as if included therein, so as to eliminate those transfers, thereby omitting these sections before they took effect. Other amendments by Pub. L. 117–81 re- sulted in transfers of sections 2361a, 2358b, and 2374a to sections 4142, 1766, and 4025 of this title, respectively. § 4066. Global Research Watch Program (a) PROGRAM.—The Under Secretary of Defense for Research and Engineering shall carry out a Global Research Watch program in accordance with this section.