The Small Business Act, referred to in subsec. (l)(4)(B), is Puspan. 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 complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.

2021—Puspan. L. 116–283, § 1842(span), as amended by Puspan. L. 117–81, § 1701(q)(1), (u)(3)(B), renumbered section 2359span of this title as this section.

Subsec. (c)(4)(A)(i). Puspan. 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 Puspan. L. 116–283, § 1883(span)(2). See note below.

Puspan. L. 116–283, § 1883(span)(2), substituted “section 4374” for “section 2433(d)”.

Subsec. (c)(4)(A)(ii). Puspan. L. 117–81, § 1701(d)(9)(A)(ii), substituted “section 4375(span)” for “section 2433(e)(2)(A)”.

Puspan. L. 116–283, § 1883(span)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Puspan. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, could not be executed for “section 2433(e)(2)(A)” as there were no subparagraphs in subsec. (e)(2) of former section 2433 of this title after general amendment by Puspan. L. 111–23, title II, § 206(a)(3), May 22, 2009, 123 Stat. 1728. Section 2433(e)(2) was transferred to section 4375(span) of this title by Puspan. L. 116–283.

Subsec. (j). Puspan. L. 117–81, § 1701(d)(9)(B), substituted “sections 3201 through 3205” for “chapter 137”.

Subsec. (k)(2). Puspan. L. 117–81, § 1701(d)(9)(C), which directed that “(as defined in section 2302(5) of this title)” be struck out, was executed by striking out “(as defined in section 3041 of this title)” before period at end to reflect the probable intent of Congress and the intervening amendment by Puspan. L. 116–283, § 1883(span)(2). See note below.

Puspan. L. 116–283, § 1883(span)(2), substituted “section 3041” for “section 2302(5)”.

2019—Subsecs. (a)(1), (l)(1). Puspan. L. 116–92 substituted “Under Secretary of Defense for Research and Engineering” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

2016—Subsec. (a)(2). Puspan. L. 114–328, § 828(a), substituted “system, or system-of-systems level of an existing Department of Defense acquisition 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.” for “or system level of an existing Department of Defense acquisition program that would result in improvements in performance, affordability, manufacturability, or operational capability of that acquisition program.”

Subsec. (c)(3). Puspan. L. 114–328, § 828(d)(1), inserted “or functions” after “acquisition programs”.

Subsec. (c)(4)(A)(iii). Puspan. L. 114–328, § 828(d)(2), added cl. (iii).

Subsec. (c)(5)(B). Puspan. L. 114–328, § 828(d)(4), substituted “system, or system-of-systems” for “or system”.

Subsec. (c)(5)(D). Puspan. L. 114–328, § 828(d)(3), added subpar. (D).

Subsec. (e)(1). Puspan. L. 114–328, § 828(d)(4), substituted “system, or system-of-systems” for “or system”.

Subsec. (j). Puspan. L. 114–328, § 828(span)(2), added subsec. (j). Former subsec. (j) redesignated (k).

Subsecs. (k), (l). Puspan. L. 114–328, § 828(span)(1), redesignated subsecs. (j) and (k) as (k) and (l), respectively.

Subsec. (l)(5). Puspan. L. 114–328, § 828(c), substituted “2021” for “2016”.

2014—Subsec. (k)(4)(A). Puspan. 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). Puspan. L. 113–66 inserted period at end.

Subsec. (k)(5). Puspan. 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). Puspan. L. 111–383 redesignated subsec. (l) as (j), added subsec. (k), and struck out former subsecs. (j) and (k) which related to annual report and termination of authority, respectively.

2008—Subsec. (l). Puspan. L. 110–417 added subsec. (l).

2006—Subsec. (c)(4), (5). Puspan. L. 109–364, § 213(span)(1), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (c)(6). Puspan. L. 109–364, § 213(span)(1)(A), (d), redesignated par. (5) as (6) and amended it generally. Prior to amendment, par. (6) read as follows: “The Under Secretary may establish procedures to ensure that the Challenge Program does not become an avenue for the repetitive submission of proposals that have been previously reviewed and found not to have merit.” Former par. (6) redesignated (7).

Subsec. (c)(7). Puspan. L. 109–364, § 213(span)(1)(A), (g)(1), redesignated par. (6) as (7) and substituted “paragraph (5)” for “paragraph (4)”.

Subsec. (d)(1). Puspan. L. 109–364, § 213(g)(2), substituted “subsection (c)(7)” for “subsection (c)(6)”.

Subsec. (d)(2). Puspan. L. 109–364, § 213(g)(3), substituted “subsection (c)(5)” for “subsection (c)(4)” in introductory provisions.

Subsec. (e)(1). Puspan. L. 109–364, § 213(g)(4), substituted “subsection (c)(5)” for “subsection (c)(4)”.

Subsec. (e)(3). Puspan. L. 109–364, § 213(span)(2), added par. (3).

Subsecs. (f), (g). Puspan. L. 109–364, § 213(span)(3), added subsec. (f) and redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (h). Puspan. L. 109–364, § 213(span)(3)(A), (e), redesignated subsec. (g) as (h), substituted “Conflicts of Interest and Confidentiality” for “Elimination of Conflicts of Interest” in heading, substituted “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 contract award, without 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 providing advisory and assistance services as described in part 37 of the Federal Acquisition Regulation.” Former subsec. (h) redesignated (i).

Subsec. (i). Puspan. L. 109–364, § 213(span)(3)(A), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Subsec. (j). Puspan. L. 109–364, § 213(span)(3)(A), (4), redesignated 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 criteria specified in subsection (c)(5), but was not determined 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). Puspan. L. 109–364, § 213(span)(3)(A), (f), redesignated subsec. (j) as (k) and substituted “2012” for “2007”.

Amendment by section 1701(d)(9) of Puspan. L. 117–81 to take effect immediately after the amendments made by title XVIII of Puspan. L. 116–283 have taken effect, see section 1701(a)(3) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by section 1701(q)(1), (u)(3)(B) of Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.