10 U.S.C. § 4021 — Research projects: transactions other

Page 2620 TITLE 10—ARMED FORCES [§ 4015 (b) DEFENSE RESEARCH FACILITY DEFINED.—In this section, the term ‘‘Defense research facil- ity’’ has the meaning given that term by section 4125(b) of this title. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1841(d), Jan. 1, 2021, 134 Stat. 4243; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(E), Dec. 27, 2021, 135 Stat. 2151; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(30), Dec. 22, 2023, 137 Stat. 685.) Editorial Notes CODIFICATION The section catchline and text of subsec. (a) of sec- tion 2364 of this title, which were transferred to this section by Pub. L. 116–283, § 1841(d)(1), were based on Pub. L. 99–661, div. A, title II, § 234(c)(1), Nov. 14, 1986, 100 Stat. 3848; Pub. L. 100–26, § 3(1)(A), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title XII, § 1231(10)(B), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 114–92, div. A, title II, § 214(a)(1), (3), Nov. 25, 2015, 129 Stat. 767, 768; Pub. L. 115–91, div. A, title X, § 1081(a)(34), Dec. 12, 2017, 131 Stat. 1596. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘section 4125(b) of this title’’ for ‘‘section 4142(b) of this title’’. 2021—Pub. L. 116–283, § 1841(d)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(E), transferred section catchline and subsec. (a) of section 2364 of this title to this sec- tion. Subsec. (b). Pub. L. 116–283, § 1841(d)(2), added subsec. (b). 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. EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. COLLABORATION BETWEEN DEFENSE LABORATORIES, INDUSTRY, AND ACADEMIA; OPEN CAMPUS PROGRAM Pub. L. 115–232, div. A, title II, § 222, Aug. 13, 2018, 132 Stat. 1682, provided that: ‘‘(a) COLLABORATION.—The Secretary of Defense may carry out activities to prioritize innovative collabora- tion between Department of Defense science and tech- nology reinvention laboratories, industry, and aca- demia. ‘‘(b) OPEN CAMPUS PROGRAM.—In carrying out sub- section (a), the Secretary, acting through the Com- mander of the Air Force Research Laboratory, the Commander of the Army Research, Development and Engineering Command, and the Chief of Naval Re- search, or such other officials of the Department as the Secretary considers appropriate, may develop and im- plement an open campus program for the Department science and technology reinvention laboratories which shall be modeled after the open campus program of the Army Research Laboratory.’’ [§ 4015. Omitted] Editorial Notes CODIFICATION As enacted, Pub. L. 116–283, div. A, title XVIII, § 1841(c), Jan. 1, 2021, 134 Stat. 4243, originally trans- ferred section 2361 of this title to this section, to be- come effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(D), Dec. 27, 2021, 135 Stat. 2151, amended section 1841(c) of Pub. L. 116–283, ef- fective as if included therein, so as to eliminate that transfer, thereby omitting this section before it took effect. Another amendment by Pub. L. 117–81 resulted in the transfer of section 2361 to section 4141 of this title. SUBCHAPTER II—AGREEMENTS Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title XVIII, § 1841(c)(2), as added by Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(D), Dec. 27, 2021, 135 Stat. 2151, added sub- chapter heading. Heading was editorially conformed to the style used in this title. § 4021. Research projects: transactions other than contracts and grants (a) ADDITIONAL FORMS OF TRANSACTIONS AU- THORIZED.—The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addi- tion to the authority provided in section 4001 of this title to use contracts, cooperative agree- ments, and grants in carrying out such projects. (b) EXERCISE OF AUTHORITY BY SECRETARY OF DEFENSE.—In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or any other element of the Department of De- fense that the Secretary may designate. (c) ADVANCE PAYMENTS.—The authority pro- vided under subsection (a) may be exercised without regard to section 3324 of title 31. (d) RECOVERY OF FUNDS.—(1) A cooperative agreement for performance of basic, applied, or advanced research authorized by section 4001 of this title and a transaction authorized by sub- section (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condi- tion for receiving support under the agreement or other transaction. (2) The amount of any payment received by the Federal Government pursuant to a require- ment imposed under paragraph (1) may be cred- ited, to the extent authorized by the Secretary of Defense, to the appropriate account estab- lished under subsection (f). Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available. (e) CONDITIONS.—The Secretary of Defense shall ensure that— (1) to the maximum extent practicable, no cooperative agreement containing a clause under subsection (d) and no transaction en- tered into under subsection (a) provides for re- search that duplicates research being con- ducted under existing programs carried out by the Department of Defense; and Page 2621 TITLE 10—ARMED FORCES § 4021 (2) to the extent that the Secretary deter- mines practicable, the funds provided by the Government under a cooperative agreement containing a clause under subsection (d) or a transaction authorized by subsection (a) do not exceed the total amount provided by other parties to the cooperative agreement or other transaction. (f) SUPPORT ACCOUNTS.—There is hereby estab- lished on the books of the Treasury separate ac- counts for each of the military departments, the Defense Innovation Unit, and the Defense Ad- vanced Research Projects Agency for support of research projects and development projects pro- vided for in cooperative agreements containing a clause under subsection (d) and research projects provided for in transactions entered into under subsection (a). Funds in those ac- counts shall be available for the payment of such support. (g) EDUCATION AND TRAINING.—The Secretary of Defense shall— (1) ensure that management, technical, and contracting personnel of the Department of Defense involved in the award or administra- tion of transactions under this section or other innovative forms of contracting are af- forded opportunities for adequate education and training; and (2) establish minimum levels and require- ments for continuous and experiential learn- ing for such personnel, including levels and re- quirements for acquisition certification pro- grams. (h) GUIDANCE.—The Secretary of Defense shall issue guidance to carry out this section. (i) PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.—(1) Disclosure of information de- scribed in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for five years after the date on which the informa- tion is received by the Department of Defense. (2)(A) Paragraph (1) applies to information de- scribed in subparagraph (B) that is in the records of the Department of Defense if the in- formation was submitted to the Department in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a coopera- tive agreement for performance of basic, ap- plied, or advanced research authorized by sec- tion 4001 of this title or another transaction au- thorized by subsection (a). (B) The information referred to in subpara- graph (A) is the following: (i) A proposal, proposal abstract, and sup- porting documents. (ii) A business plan submitted on a confiden- tial basis. (iii) Technical information submitted on a confidential basis. (Added Pub. L. 101–189, div. A, title II, § 251(a)(1), Nov. 29, 1989, 103 Stat. 1403, § 2371; amended Pub. L. 101–510, div. A, title XIV, § 1484(k)(9), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102–190, div. A, title VIII, § 826, Dec. 5, 1991, 105 Stat. 1442; Pub. L. 102–484, div. A, title II, § 217, Oct. 23, 1992, 106 Stat. 2352; Pub. L. 103–35, title II, § 201(c)(4), May 31, 1993, 107 Stat. 98; Pub. L. 103–160, div. A, title VIII, § 827(b), title XI, § 1182(a)(6), Nov. 30, 1993, 107 Stat. 1712, 1771; Pub. L. 103–355, title I, § 1301(b), Oct. 13, 1994, 108 Stat. 3285; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 104–201, div. A, title II, § 267(a)–(c)(1)(A), title X, § 1073(e)(1)(B), Sept. 23, 1996, 110 Stat. 2467, 2468, 2658; Pub. L. 105–85, div. A, title VIII, § 832, Nov. 18, 1997, 111 Stat. 1842; Pub. L. 105–261, div. A, title VIII, § 817, Oct. 17, 1998, 112 Stat. 2089; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(19), Nov. 24, 2003, 117 Stat. 1597; Pub. L. 113–291, div. A, title X, § 1071(f)(20), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 115–91, div. A, title VIII, § 863, Dec. 12, 2017, 131 Stat. 1494; renumbered § 4021 and amended Pub. L. 116–283, div. A, title XVIII, § 1841(b)(1), (2)(B), Jan. 1, 2021, 134 Stat. 4243; Pub. L. 117–81, div. A, title VIII, § 821(a), title XVII, § 1701(u)(2)(B), (F)(i)(III), Dec. 27, 2021, 135 Stat. 1825, 2151; Pub. L. 118–31, div. A, title IX, § 913(a)(2), Dec. 22, 2023, 137 Stat. 367.) Editorial Notes PRIOR PROVISIONS A prior section 4021 was renumbered section 7371 of this title. Another prior section 4021, act Aug. 10, 1956, ch. 1041, 70A Stat. 233, related to appointments in professional and scientific service, prior to repeal by Pub. L. 85–861, § 36B(11), Sept. 2, 1958, 72 Stat. 1570. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31, § 913(a)(2)(A), in- serted ‘‘, the Defense Innovation Unit,’’ after ‘‘Defense Advanced Research Projects Agency’’. Subsec. (f). Pub. L. 118–31, § 913(a)(2)(B), substituted ‘‘, the Defense Innovation Unit, and the Defense Ad- vanced Research Projects Agency’’ for ‘‘and the De- fense Advanced Research Projects Agency’’. 2021—Pub. L. 116–283, § 1841(b)(2)(B), as amended by Pub. L. 117–81, § 1701(u)(2)(F)(i)(III), substituted ‘‘section 4001’’ for ‘‘section 2358’’ wherever appearing. Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2371 of this title as this section. Subsec. (e). Pub. L. 117–81, § 821(a)(1), struck out par. (1) designation before ‘‘The Secretary of Defense’’, re- designated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows: ‘‘A cooperative agree- ment containing a clause under subsection (d) or a transaction authorized by subsection (a) may be used for a research project when the use of a standard con- tract, grant, or cooperative agreement for such project is not feasible or appropriate.’’ Subsec. (h). Pub. L. 117–81, § 821(a)(2), amended subsec. (h) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense shall prescribe regulations to carry out this section.’’ 2017—Subsecs. (g), (h). Pub. L. 115–91 added subsec. (g) and redesignated former subsec. (g) as (h). 2014—Subsec. (h). Pub. L. 113–291 struck out subsec. (h) which related to annual report on use of certain co- operative agreements and transactions. 2003—Subsec. (h)(3). Pub. L. 108–136 added par. (3). 1999—Subsec. (h)(1). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’ in introductory provi- sions. 1998—Subsec. (i)(2)(A). Pub. L. 105–261 substituted ‘‘cooperative agreement for performance of basic, ap- plied, or advanced research authorized by section 2358 of this title’’ for ‘‘cooperative agreement that includes a clause described in subsection (d)’’. 1997—Subsec. (i). Pub. L. 105–85 added subsec. (i). Page 2622 TITLE 10—ARMED FORCES § 4021 1996—Subsec. (b). Pub. L. 104–201, § 1073(e)(1)(B), in- serted ‘‘Defense’’ before ‘‘Advanced Research Projects Agency’’. Subsec. (e). Pub. L. 104–201, § 267(a), inserted ‘‘(1)’’ be- fore ‘‘The Secretary of Defense’’, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in- serted ‘‘and’’ after semicolon at end of subpar. (A), sub- stituted a period for ‘‘; and’’ at end of subpar. (B), added par. (2), and struck out par. (3) which read as fol- lows: ‘‘a cooperative agreement containing a clause under subsection (d) or a transaction authorized under subsection (a) is used for a research project only when the use of a standard contract, grant, or cooperative agreement for such project is not feasible or appro- priate.’’ Subsec. (f). Pub. L. 104–201, § 1073(e)(1)(B), inserted ‘‘Defense’’ before ‘‘Advanced Research Projects Agen- cy’’. Subsec. (h). Pub. L. 104–201, § 267(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘Not later than 60 days after the end of each fiscal year, the Secretary of Defense shall submit to the Committee on Armed Serv- ices of the Senate and the Committee on National Se- curity of the House of Representatives a report on all cooperative agreements entered into under section 2358 of this title during such fiscal year that contain a clause authorized by subsection (d) and on all trans- actions entered into under subsection (a) during such fiscal year. The report shall contain, with respect to each such cooperative agreement and transaction, the following: ‘‘(1) A general description of the cooperative agree- ment or other transaction (as the case may be), in- cluding the technologies for which research is pro- vided for under such agreement or transaction. ‘‘(2) The potential military and, if any, commercial utility of such technologies. ‘‘(3) The reasons for not using a contract or grant to provide support for such research. ‘‘(4) The amount of the payments, if any, that were received by the Federal Government during the fiscal year covered by the report pursuant to a clause in- cluded in such cooperative agreement or other trans- action pursuant to subsection (d). ‘‘(5) The amount of the payments reported under paragraph (4), if any, that were credited to each ac- count established under subsection (f).’’ Pub. L. 104–106 substituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives’’ for ‘‘Com- mittees on Armed Services of the Senate and House of Representatives’’. Subsec. (i). Pub. L. 104–201, § 1073(e)(1)(B), which di- rected amendment of subsec. (i) by inserting ‘‘Defense’’ before ‘‘Advanced Research Projects Agency’’, could not be executed because of the renumbering of subsec. (i) as section 2371a of this title by Pub. L. 104–201, § 267(c)(1)(A). See below. Pub. L. 104–201, § 267(c)(1)(A), renumbered subsec. (i) of this section as section 2371a of this title. 1994—Pub. L. 103–355 amended section generally. Prior to amendment section related to cooperative agree- ments and other transactions for advanced research projects. 1993—Subsec. (a). Pub. L. 103–160, § 827(b)(1)(C), sub- stituted ‘‘section 2358 of this title’’ for ‘‘subsection (a)’’ in par. (1) and ‘‘subsection (d)’’ for ‘‘subsection (e)’’ in par. (2). Pub. L. 103–160, § 827(b)(1)(A), (B), redesignated subsec. (b) as (a) and struck out former subsec. (a), as amended by Pub. L. 103–160, § 1182(a)(6), (h), which read as fol- lows: ‘‘The Secretary of Defense, in carrying out ad- vanced research projects through the Advanced Re- search Projects Agency, and the Secretary of each mili- tary department, in carrying out advanced research projects, may enter into cooperative agreements and other transactions with any person, any agency or in- strumentality of the United States, any unit of State or local government, any educational institution, and any other entity.’’ Pub. L. 103–160, § 1182(a)(6), substituted ‘‘Advanced Re- search Projects Agency’’ for ‘‘Defense Advanced Re- search Projects Agency’’. Subsec. (b). Pub. L. 103–160, § 827(b)(1)(B), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 103–160, § 827(b)(1)(B), (2)(A), redes- ignated subsec. (d) as (c) and inserted ‘‘and develop- ment’’ after ‘‘research’’ in two places in par. (1). Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 103–160, § 827(b)(1)(B), (D), (2)(B), redesignated subsec. (e), as amended by Pub. L. 103–160, § 1182(a)(6), (h), as (d) and substituted ‘‘section 2358 of this title’’ for ‘‘subsection (a)’’ and ‘‘research and de- velopment’’ for ‘‘advanced research’’. Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 103–160, § 827(b)(1)(B), (E), (2)(B), (C), redesignated subsec. (f) as (e), in par. (1) sub- stituted ‘‘research and development are’’ for ‘‘advanced research is’’, in par. (3) substituted ‘‘research and de- velopment’’ for ‘‘advanced research’’, in par. (4) sub- stituted ‘‘subsection (a)’’ for ‘‘subsection (b)’’, and in par. (5) substituted ‘‘subsection (d)’’ for ‘‘subsection (e)’’. Former subsec. (e) redesignated (d). Pub. L. 103–160, § 1182(a)(6), substituted ‘‘Advanced Re- search Projects Agency’’ for ‘‘Defense Advanced Re- search Projects Agency’’. Subsec. (f). Pub. L. 103–160, § 827(b)(1)(B), redesignated subsec. (g), as amended by Pub. L. 103–160, § 1182(a)(6), (h), as (f). Former subsec. (f) redesignated (e). Subsec. (g). Pub. L. 103–160, § 827(b)(1)(B), redesignated subsec. (g), as amended by Pub. L. 103–160, § 1182(a)(6), (h), as (f). Pub. L. 103–160, § 1182(a)(6), substituted ‘‘Advanced Re- search Projects Agency’’ for ‘‘Defense Advanced Re- search Projects Agency’’. Pub. L. 103–35 substituted ‘‘granted by section 12’’ for ‘‘granted by section 11’’ and ‘‘provisions of sections 11 and 12’’ for ‘‘provisions of sections 10 and 11’’. 1992—Subsec. (g). Pub. L. 102–484 added subsec. (g). 1991—Subsec. (a). Pub. L. 102–190, § 826(a), inserted ‘‘and the Secretary of each military department, in carrying out advanced research projects,’’. Subsec. (b)(1). Pub. L. 102–190, § 826(b)(1)(A), struck out ‘‘by the Secretary’’ after ‘‘transactions entered into’’. Subsec. (b)(2). Pub. L. 102–190, § 826(b)(1)(B), sub- stituted ‘‘to the appropriate account’’ for ‘‘to the ac- count’’. Subsec. (d). Pub. L. 102–190, § 826(b)(2), substituted ‘‘The Secretary of Defense’’ for ‘‘The Secretary’’ in in- troductory provisions. Subsec. (e). Pub. L. 102–190, § 826(b)(3), substituted ‘‘separate accounts for each of the military depart- ments and the Defense Advanced Research Projects Agency’’ for ‘‘an account’’ and ‘‘those accounts’’ for ‘‘such account’’. Subsec. (f)(5). Pub. L. 102–190, § 826(b)(4), substituted ‘‘each account’’ for ‘‘the account’’. Subsec. (g). Pub. L. 102–190, § 826(c), struck out subsec. (g) which read as follows: ‘‘The authority of the Sec- retary to enter into cooperative agreements and other transactions under this section expires at the close of September 30, 1991.’’ 1990—Subsec. (f). Pub. L. 101–510 substituted ‘‘Com- mittees on’’ for ‘‘Committees of’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT; IMPLEMENTATION Amendment by Pub. L. 118–31 effective 180 days after Dec. 22, 2023, with additional implementation require- ments, see section 913(b)(1), (2) of Pub. L. 118–31, set out as notes under section 1766 of this title. EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1701(u)(2)(B), (F)(i)(III) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section Page 2623 TITLE 10—ARMED FORCES § 4021 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 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title. TRACKING AWARDS MADE THROUGH OTHER TRANSACTION AUTHORITY Pub. L. 118–159, div. A, title VIII, § 888, Dec. 23, 2024, 138 Stat. 2023, provided that: ‘‘(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Under Secretary of Defense for Acquisition and Sustainment shall establish a process to track the number and value of awards to small businesses and nontraditional defense contractors performing on transactions using other transaction authority, includ- ing transactions carried out through consortia. ‘‘(b) DATA COLLECTION.—The Under Secretary of De- fense for Acquisition and Sustainment shall, to the ex- tent practicable— ‘‘(1) minimize the reporting requirements imposed on small businesses and nontraditional defense con- tractors by the process established under subsection (a); and ‘‘(2) maximize the use of existing data collection processes of the Department of Defense or the exper- tise of a consortia-manager under such process. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) NONTRADITIONAL DEFENSE CONTRACTOR.—The term ‘nontraditional defense contractor’ has the meaning given such term in section 3014 of title 10, United States Code. ‘‘(2) OTHER TRANSACTION AUTHORITY.—The term ‘other transaction authority’ means the authority provided under sections 4021 and 4022 of title 10, United States Code. ‘‘(3) SMALL BUSINESS.—The term ‘small business’ has the meaning given the term ‘small business con- cern’ under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).’’ REPORTING REQUIREMENT FOR CERTAIN DEFENSE ACQUISITION ACTIVITIES Pub. L. 117–81, div. A, title VIII, § 825, Dec. 27, 2021, 135 Stat. 1831, provided that: ‘‘(a) PROCEDURES FOR IDENTIFYING CERTAIN ACQUISI- TION AGREEMENTS AND ACTIVITIES.—The Secretary of Defense shall establish procedures to identify organiza- tions performing on individual projects under the fol- lowing types of awards: ‘‘(1) Other transaction agreements pursuant to the authorities under section[s] 2371 and 2371b of title 10, United States Code [now 10 U.S.C. 4021 and 4022]. ‘‘(2) Individual task orders awarded under a task order contract (as defined in section 2304d of title 10, United States Code [now 10 U.S.C. 3401]), including in- dividual task orders issued to a federally funded re- search and development center. ‘‘(b) For initial agreements covered under subsection (a), the procedures required under subsection (a) shall include, but not be limited to— ‘‘(1) the participants to the transaction (other than the Federal Government); ‘‘(2) each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities; ‘‘(3) the date on which each participant entered into the transaction; ‘‘(4) the amount of the transaction; and ‘‘(5) other related matters the Secretary deems ap- propriate. ‘‘(c) For follow-on contracts, agreements, or trans- actions covered under subsection (a), the procedures re- quired under subsection (a) shall include, but not be limited to— ‘‘(1) identification of the initial covered contract or transaction and each subsequent follow-on contract or transaction; ‘‘(2) the awardee; ‘‘(3) the amount; ‘‘(4) the date awarded; and ‘‘(5) other related matters the Secretary deems ap- propriate. ‘‘(d) The Administrator of the General Services Ad- ministration shall update the Federal Procurement Data System (FPDS) within 180 days to collect the data required under this section. ‘‘(e) REPORTING.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], and not less than annually thereafter, the Secretary of De- fense shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a report on the use of agreements and activities described in subsection (a) and associated funding. ‘‘(f) PUBLICATION OF INFORMATION.—Not later than one year after the date of enactment of this Act, the Sec- retary of Defense shall establish procedures to collect information on individual agreements and activities described in this section and associated funding in an online, public, searchable database, unless the Sec- retary deems such disclosure inappropriate for indi- vidual agreements based on national security con- cerns.’’ LISTING OF OTHER TRANSACTION AUTHORITY CONSORTIA Pub. L. 116–283, div. A, title VIII, § 833, Jan. 1, 2021, 134 Stat. 3753, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall maintain on the single Gov- ernment-wide point of entry described under section 1708 of title 41, United States Code, a list of the con- sortia used by the Secretary to announce or otherwise make available opportunities to enter into a trans- action under the authority of section 2371 of title 10, United States Code [now 10 U.S.C. 4021], or a trans- action for a prototype project under section 2371b of such title [now 10 U.S.C. 4022].’’ DATA, POLICY, AND REPORTING ON THE USE OF OTHER TRANSACTIONS Pub. L. 115–232, div. A, title VIII, § 873, Aug. 13, 2018, 132 Stat. 1905, as amended by Pub. L. 116–92, div. A, title VIII, § 819, Dec. 20, 2019, 133 Stat. 1488, provided that: ‘‘(a) COLLECTION AND STORAGE.—The Service Acquisi- tion Executives of the military departments shall col- lect data on the use of other transactions by their re- spective departments, and the Under Secretary of De- fense for Research and Engineering and the Under Sec- retary of Defense for Acquisition and Sustainment shall collect data on all other use by the Department of Defense of other transactions, including use by the Defense Agencies. The data shall be stored in a manner that allows the Assistant Secretary of Defense for Ac- quisition and other appropriate officials access at any time. ‘‘(b) USE OF DATA.—The Assistant Secretary of De- fense for Acquisition shall— ‘‘(1) analyze and leverage the data collected under subsection (a) to update policy and guidance related to the use of other transactions; and ‘‘(2) make the data collected under subsection (a) accessible to any official designated by the Secretary of Defense for inclusion by such official in relevant reports made by such official. ‘‘(c) REPORT REQUIRED.— ‘‘(1) IN GENERAL.—Not later than December 31, 2019, and annually thereafter through December 31, 2023, the Secretary of Defense shall submit to the congres- sional defense committees [Committees on Armed Page 2624 TITLE 10—ARMED FORCES § 4022 Services and Appropriations of the Senate and the House of Representatives] a report on the use of other transaction authority to carry out prototype projects during the preceding fiscal year. Each report shall summarize the data collected under subsection (a) on the nature and extent of each such use of the author- ity, including a description— ‘‘(A) of the participants to an agreement entered into pursuant to the authority of subsection (a) of section 2371b of title 10, United States Code [now 10 U.S.C. 4022], or a follow-on contract or transaction entered into pursuant to the authority of sub- section (f) of such section; ‘‘(B) of the quantity of prototype projects to be produced pursuant to such an agreement, follow-on contract, or transaction; ‘‘(C) of the amount of payments made pursuant to each such agreement, follow-on contract, or trans- action; ‘‘(D) of the purpose, description, and status of prototype projects carried out pursuant to each such agreement, follow-on contract, or transaction; and ‘‘(E) including case examples, of the successes and challenges with using the authority of such sub- section (a) or (f). ‘‘(2) FORM OF REPORT.—A report required under this subsection shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.’’ PREFERENCE FOR USE OF OTHER TRANSACTIONS AND EXPERIMENTAL AUTHORITY Pub. L. 115–91, div. A, title VIII, § 867, Dec. 12, 2017, 131 Stat. 1495, provided that: ‘‘In the execution of science and technology and prototyping programs, the Sec- retary of Defense shall establish a preference, to be ap- plied in circumstances determined appropriate by the Secretary, for using transactions other than contracts, cooperative agreements, and grants entered into pursu- ant to sections 2371 and 2371b of title 10, United States Code [now 10 U.S.C. 4021 and 4022], and authority for procurement for experimental purposes pursuant to section 2373 of title 10, United States Code [now 10 U.S.C. 4023].’’ § 4022. Authority of the Department of Defense to carry out certain prototype projects (a) AUTHORITY.—(1) Subject to paragraph (2), the Director of the Defense Advanced Research Projects Agency, the Director of the Defense In- novation Unit, the Secretary of a military de- partment, or any other official designated by the Secretary of Defense may, under the author- ity of section 4021 of this title, carry out proto- type projects that are directly relevant to en- hancing the mission effectiveness of personnel of the Department of Defense or improving plat- forms, systems, components, or materials pro- posed to be acquired or developed by the Depart- ment of Defense, or to improvement of plat- forms, systems, components, or materials in use by the armed forces. (2) The authority of this section— (A) may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $100,000,000 but not in excess of $500,000,000 (including all options) only upon a written determination by the head of the contracting activity, or, for the Defense Advanced Research Projects Agen- cy, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency that— (i) the requirements of subsection (d) will be met; and (ii) the use of the authority of this section is essential to promoting the success of the prototype project; (B) may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $500,000,000 (including all options) only if— (i) the senior procurement executive for the agency as designated for the purpose of section 1702(c) of title 41, or, for the Defense Advanced Research Projects Agency, the De- fense Innovation Unit, or the Missile De- fense Agency, the director of the agency, de- termines in writing that— (I) the requirements of subsection (d) will be met; and (II) the use of the authority of this sec- tion is essential to meet critical national security objectives; and (ii) the congressional defense committees are notified in writing at least 30 days before such authority is exercised; and (C) may be exercised for a transaction for a follow-on production contract or transaction that is awarded pursuant to subsection (f) and expected to cost the Department of Defense in excess of $100,000,000 (including all options) only if a covered official— (i) determines in writing that— (I) the requirements of subsection (d) were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the requirements of subsection (f) will be met; and (II) the use of the authority of this sec- tion is essential to meet critical national security objectives; and (ii) notifies the congressional defense com- mittees in writing of the determinations re- quired under clause (i) at the time such au- thority is exercised. (3) The authority of the head of the con- tracting activity, director of the Defense Ad- vanced Research Projects Agency, director of the Defense Innovation Unit, director of the Missile Defense Agency, or the senior procure- ment executive, as applicable, under paragraph (2) may not be delegated. (b) EXERCISE OF AUTHORITY.— (1) Subsection (e)(2) of such section 4021 shall not apply to projects carried out under sub- section (a). (2) To the maximum extent practicable, competitive procedures shall be used when en- tering into agreements to carry out the proto- type projects under subsection (a). (c) COMPTROLLER GENERAL ACCESS TO INFOR- MATION.—(1) Each agreement entered into by an official referred to in subsection (a) to carry out a project under that subsection that provides for payments in a total amount in excess of $5,000,000 shall include a clause that provides for the Comptroller General, in the discretion of the Comptroller General, to examine the records of any party to the agreement or any entity that participates in the performance of the agree- ment.