10 U.S.C. § 4142 — Extramural acquisition innovation and re-

Page 2673 TITLE 10—ARMED FORCES § 4142 ‘‘(2) Each report under paragraph (1) shall cover the preceding fiscal year and shall be submitted not later than February 1 of the fiscal year after the fiscal year covered by the report.’’ Subsec. (c)(1). Pub. L. 104–106, § 1502(a)(1), substituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Rep- resentatives’’ for ‘‘Committees on Armed Services of the Senate and House of Representatives’’. Subsec. (c)(2). Pub. L. 104–106, § 264, substituted ‘‘pre- ceding fiscal year’’ for ‘‘preceding calendar year’’ and ‘‘the fiscal year after the fiscal year’’ for ‘‘the year after the year’’. 1994—Subsec. (c). Pub. L. 103–337 added subsec. (c). 1993—Subsec. (b)(2). Pub. L. 103–35 substituted ‘‘incon- sistent’’ for ‘‘inconsisent’’. Subsec. (c). Pub. L. 103–160 struck out subsec. (c) which read as follows: ‘‘(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such re- port shall include— ‘‘(A) a list of each college and university that, dur- ing the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and ‘‘(B) the cumulative amount of such contracts re- ceived during that period by each such college and university. ‘‘(2) The reports under paragraph (1) shall cover the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report. ‘‘(3) A report is not required under paragraph (1) for any period beginning after December 31, 1993.’’ 1990—Subsec. (c)(1). Pub. L. 101–510, § 1311(4)(A), sub- stituted ‘‘an annual report’’ for ‘‘a semiannual report’’ in introductory provisions. Subsec. (c)(2). Pub. L. 101–510, § 1311(4)(B), substituted ‘‘the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report’’ for ‘‘the six-month periods end- ing on June 30 and December 31 of each year. Each such report shall be submitted within 30 days after the end of the period covered by the report’’. 1989—Subsec. (a). Pub. L. 101–189, § 252(a), substituted ‘‘unless—’’ for ‘‘unless’’ and pars. (1) and (2) for ‘‘the grant or contract is made or awarded using competitive procedures.’’ Subsec. (b). Pub. L. 101–189, § 252(b)(1), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘A provision of law enacted after the date of the enactment of this section may not be construed as modifying or superseding the provisions of sub- section (a) unless that provision of law specifically re- fers to this section and specifically states that such provision of law modifies or supersedes the provisions of this section.’’ Subsec. (c). Pub. L. 101–189, § 252(c)(1), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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. EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–160, div. A, title VIII, § 821(b), Nov. 30, 1993, 107 Stat. 1704, provided that the amendment made by that section is effective Feb. 1, 1994. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title II, § 252(b)(2), Nov. 29, 1989, 103 Stat. 1405, provided that: ‘‘Subsection (b) of section 2361 of title 10, United States Code [now 10 U.S.C. 4141(b)], as amended by paragraph (1), applies with re- spect to any provision of law enacted after September 30, 1989.’’ EFFECTIVE DATE Pub. L. 100–456, div. A, title II, § 220(c), Sept. 29, 1988, 102 Stat. 1941, provided that: ‘‘The limitation specified in section 2361(a) of title 10, United States Code [now 10 U.S.C. 4141(a)] (as added by subsection (a)), on the au- thority of the Secretary of Defense to make grants and award contracts shall take effect on October 1, 1989.’’ § 4142. Extramural acquisition innovation and re- search activities (a) ESTABLISHMENT.—The Secretary of De- fense, acting through the Under Secretary of De- fense for Acquisition and Sustainment and in coordination with the Under Secretary of De- fense for Research and Engineering, shall estab- lish and maintain extramural acquisition inno- vation and research activities as described in subsection (c), which shall include an acquisi- tion research organization within a civilian col- lege or university that is not owned or operated by the Federal Government that is established to provide and maintain essential research and development capabilities through a long-term strategic relationship with the Department of Defense. (b) GOALS.—The goal of any activity conducted pursuant to this section shall be to provide aca- demic analyses and policy alternatives for inno- vation in defense acquisition policies and prac- tices to policymakers in the Federal Govern- ment by using a variety of means intended to widely disseminate research findings from such an activity, in addition to executing demonstra- tion and pilot programs of innovative acquisi- tion policies and practices. (c) ACTIVITIES.—The activities described in this subsection are as follows: (1) Research on past and current defense ac- quisition policies and practices, commercial and international best practices, and the ap- plication of new technologies and analytical capabilities to improve acquisition policies and practices. (2) Pilot programs to prototype and dem- onstrate new acquisition practices for poten- tial transition to wider use in the Department of Defense. (3) Establishment of data repositories and development of analytical capabilities, in co- ordination with the Chief Data Officer of the Department of Defense, to enable researchers and acquisition professionals to access and analyze historical data sets to support re- search and new policy and practice develop- ment. (4) Executive education to— (A) support acquisition workforce develop- ment, including for early career, mid-career, and senior leaders; and (B) provide appropriate education on ac- quisition issues to non-acquisition profes- sionals. (5) On an ongoing basis, a review of the im- plementation of recommendations contained Page 2674 TITLE 10—ARMED FORCES § 4143 in relevant Department of Defense and private sector studies on acquisition policies and prac- tices, including— (A) for recommendations for the enact- ment of legislation, identify the extent to which the recommendations have been en- acted into law by Congress; (B) for recommendations for the issuance of regulations, identify the extent to which the recommendations have been adopted through the issuance or revision of regula- tions; (C) for recommendations for revisions to policies and procedures in the executive branch, identify the extent to which the rec- ommendations have been adopted through issuance of an appropriate implementing di- rective or other form of guidance; and (D) for recommendations for the resources required to implement recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices. (6) Engagement with researchers and acqui- sition professionals in the Department of De- fense, as appropriate. (d) FUNDING.—Subject to the availability of appropriations, the Secretary may use amounts available in the Defense Acquisition Workforce and Development Account to carry out the re- quirements of this section. (e) ANNUAL REPORT.—Not later than Sep- tember 30, 2021, and annually thereafter, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Secretary of Defense and the congressional defense commit- tees a report describing the activities conducted under this section during the previous year. (Added Pub. L. 116–92, div. A, title VIII, § 835(a)(1), Dec. 20, 2019, 133 Stat. 1494, § 2361a; re- numbered § 4142, Pub. L. 116–283, div. A, title XVIII, § 1844(b), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 2154; Pub. L. 116–283, div. A, title XVIII, § 1842(b), Jan. 1, 2021, 134 Stat. 4244; Pub. L. 117–81, div. A, title XVII, § 1701(q)(1), (u)(3)(B), Dec. 27, 2021, 135 Stat. 2148, 2152; Pub. L. 118–159, div. A, title VIII, § 835, Dec. 23, 2024, 138 Stat. 1986.) Editorial Notes 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), redesig- nated 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 ci- vilian 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 ‘‘Direc- tor’’. Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 118–159, § 835(2), redesignated sub- sec. (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 renum- bering of section 2361a of this title as section 4063 in- stead 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 in- cluded 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. 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 ac- quisition 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 set- ting 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 re- port 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 cov- ered 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 prac- ticable, the Secretary shall make the records available to support activities conducted by the research organi- zation 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 estab- lished by the Secretary of Defense pursuant to section 809 of the National Defense Authorization Act for Fis- cal Year 2016 (Public Law 114–92) [129 Stat. 889].’’ § 4143. Research and development laboratories: contracts for services of university students (a) Subject to the availability of appropria- tions for such purpose, the Secretary of Defense may procure by contract under the authority of this section the temporary or intermittent serv- ices of students at institutions of higher learn- ing for the purpose of providing technical sup- port at defense research and development lab- oratories. Such contracts may be made directly with such students or with nonprofit organiza- tions employing such students.