Amendments
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)”.
Focused Commercial Solutions Openings Opportunities
Pub. L. 118–31, div. A, title VIII, § 813, Dec. 22, 2023, 137 Stat. 325, as amended by Pub. L. 119–60, div. A, title XVIII, § 1802(b)(1)(A), Dec. 18, 2025, 139 Stat. 1227, provided that:
“(a) Requirement.—
During each fiscal year beginning after the date of the enactment of this Act [
Dec. 22, 2023], the
Secretary of Defense, in coordination with the service
acquisition executives of each military department, shall exercise the authority under
section 3458 of title 10, United States Code, not less than four times to acquire goods or services addressing the mission needs of a geographic combatant command.
“(b) Execution.—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) Sunset.—
Subsection (a) shall expire on September 30, 2027.
“(d) Definitions.—In this section:
“(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.”
Data Collection
Pub. L. 117–81, div. A, title VIII, § 803(a)(3), Dec. 27, 2021, 135 Stat. 1815, provided that:
“(A) In general.—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) Plan required.—
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
October 1, 2022, and ending on the date on which the
Secretary of Defense submits to the congressional defense committees a completed plan for carrying out the data collection required under paragraph (1).
“(C) Congressional defense committees; military department defined.—
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.”
References; Savings Provision; Rule of Construction
Pub. L. 117–81, div. A, title VIII, § 803(b)(5), Dec. 27, 2021, 135 Stat. 1816, provided that:
“Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (
Public Law 116–283) [set out as notes preceding
section 3001 of this title] shall apply with respect to the transfers, redesignations, and amendments made under this subsection [amending this section and repealing provisions set out as a note under
section 2302 of this title] as if such transfers, redesignations, and amendments were made under title XVIII of such Act.”
