10 U.S.C. § 4025 (ARMED FORCES)
§ 4025. Prizes for advanced technology achievements
(a) Authority.—
The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the service acquisition executive for each military department, may carry out programs to award cash prizes and other types of prizes, including procurement contracts and other agreements, that the Secretary determines are appropriate to recognize outstanding achievements in basic, advanced, and applied research, technology development, and prototype development that have the potential for application to the performance of the military missions of the Department of Defense.
(b) Competition Requirements.—
Each program under subsection (a) shall use a competitive process for the selection of recipients of cash prizes and for the selection of recipients of procurement contracts and other agreements. The process shall include the widely-advertised solicitation of submissions of research results, technology developments, and prototypes.
(c) Limitations.—
(1) No prize competition may result in the award of a prize with a fair market value of more than $10,000,000 without the approval of the Under Secretary of Defense for Research and Engineering.
(2) No prize competition may result in the award of more than $1,000,000 in cash prizes without the approval of the Under Secretary of Defense for Research and Engineering.
(3) No prize competition may result in the award of a solely nonmonetary prize with a fair market value of more than $10,000 without the approval of the Under Secretary of Defense for Research and Engineering.
(d) Relationship to Other Authority.—
A program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of an official referred to in that subsection to acquire, support, or stimulate basic, advanced and applied research, technology development, or prototype projects.
(e) Acceptance of Funds.—
In addition to such sums as may be appropriated or otherwise made available to the Secretary to award prizes under this section, the Secretary may accept funds or nonmonetary items from other departments and agencies of the Federal Government, from State and local governments, and from the private sector, to award prizes under this section. The Secretary may not give any special consideration to any private sector entity in return for a donation.
(f) Use of Prize Authority.—
Use of prize authority under this section shall be considered the use of competitive procedures for the purposes of section 2304 1 of this title.
(g) Congressional Notice.—
(1) In general.—
Not later than 15 days after a procurement contract or other agreement that exceeds a fair market value of $10,000,000 is awarded under the authority under a program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees written notice of such award.
(2) Contents.—
Each notice submitted under paragraph (1) shall include—
(A) the value of the relevant procurement contract or other agreement, as applicable, including all options;
(B) a brief description of the research result, technology development, or prototype for which such procurement contract or other agreement, as applicable, was awarded; and
(C) an explanation of the benefit to the performance of the military mission of the Department of Defense resulting from the award.
(Added Pub. L. 106–65, div. A, title II, § 244(a), Oct. 5, 1999, 113 Stat. 552, § 2374a; amended Pub. L. 107–314, div. A, title II, § 248(a), Dec. 2, 2002, 116 Stat. 2502; Pub. L. 108–136, div. A, title X, § 1031(a)(20), Nov. 24, 2003, 117 Stat. 1598; Pub. L. 109–163, div. A, title II, § 257, Jan. 6, 2006, 119 Stat. 3184; Pub. L. 109–364, div. A, title II, § 212, Oct. 17, 2006, 120 Stat. 2119; Pub. L. 111–84, div. A, title II, § 253, Oct. 28, 2009, 123 Stat. 2243; Pub. L. 111–383, div. A, title IX, § 901(j)(4), Jan. 7, 2011, 124 Stat. 4324; Pub. L. 113–66, div. A, title II, § 263, Dec. 26, 2013, 127 Stat. 726; Pub. L. 113–291, div. A, title II, § 211, Dec. 19, 2014, 128 Stat. 3324; Pub. L. 114–92, div. A, title X, § 1079(a), Nov. 25, 2015, 129 Stat. 999; Pub. L. 114–328, div. A, title X, § 1081(c)(6), Dec. 23, 2016, 130 Stat. 2420; Pub. L. 115–91, div. A, title II, § 213, Dec. 12, 2017, 131 Stat. 1324; Pub. L. 115–232, div. A, title X, § 1081(a)(21), Aug. 13, 2018, 132 Stat. 1984; Pub. L. 116–92, div. A, title II, § 215, Dec. 20, 2019, 133 Stat. 1257; renumbered § 4025 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1841(b)(1), 1842(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4244, 4294; Pub. L. 117–81, div. A, title VIII, § 822, title XVII, § 1701(q)(1), (u)(2)(B), (3)(B), Dec. 27, 2021, 135 Stat. 1825, 2148, 2151, 2152.)
heading: Editorial Notes
heading: References in Text
text: Section 2304 of this title, referred to in subsec. (f), was repealed by Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151, 4293, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law. Subsecs. (a) to (l) of section 2304 were transferred to various provisions in chapter 221 of this title, with the same effective date and conditions, by Pub. L. 116–283, div. A, title XVIII, § 1811(c)(2)–(5), (d)(2)–(9), Jan. 1, 2021, 134 Stat. 4165–4170.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1842(b), which directed the renumbering of section 2374a of this title as section 4065 instead 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.
Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), renumbered section 2374a of this title as this section.
Subsec. (a). Pub. L. 117–81, § 822(1), inserted “, including procurement contracts and other agreements,” after “other types of prizes”.
Subsec. (b). Pub. L. 117–81, § 822(2), inserted “and for the selection of recipients of procurement contracts and other agreements” after “cash prizes”.
Subsec. (c)(1). Pub. L. 117–81, § 822(3), inserted “without the approval of the Under Secretary of Defense for Research and Engineering” before period at end.
Subsec. (f). Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. 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, was not executed with respect to “section 2304”, which was redesignated as multiple sections.
Subsec. (g). Pub. L. 117–81, § 822(4), added subsec. (g).
2019—Subsec. (a). Pub. L. 116–92 substituted “Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,” for “Assistant Secretary of Defense for Research and Engineering”.
2018—Subsec. (e). Pub. L. 115–232 substituted “Federal Government,” for “Federal Government,,”.
2017—Subsec. (a). Pub. L. 115–91, § 213(1), substituted “and other types of prizes that the Secretary determines are appropriate to recognize” for “in recognition of”.
Subsec. (c)(1). Pub. L. 115–91, § 213(2)(A), substituted “prize with a fair market value of” for “cash prize of”.
Subsec. (c)(2). Pub. L. 115–91, § 213(2)(B), substituted “Under Secretary of Defense for Research and Engineering” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Subsec. (c)(3). Pub. L. 115–91, § 213(2)(C), added par. (3).
Subsec. (e). Pub. L. 115–91, § 213(3), inserted “or nonmonetary items” after “accept funds”, substituted “, from State and local governments, and from the private sector” for “and from State and local governments”, and inserted at end “The Secretary may not give any special consideration to any private sector entity in return for a donation.”
Subsec. (f). Pub. L. 115–91, § 213(4), amended subsec. (f) generally. Prior to amendment, text read as follows: “The authority to award prizes under subsection (a) shall terminate at the end of September 30, 2018.”
2016—Subsecs. (f), (g). Pub. L. 114–328, § 1081(c)(6), made technical amendment to directory language of Pub. L. 114–92, § 1079(a). See 2015 Amendment note below.
2015—Subsecs. (f), (g). Pub. L. 114–92, § 1079(a), as amended by Pub. L. 114–328, § 1081(c)(6), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to biennial reports.
2014—Subsec. (c)(1). Pub. L. 113–291, § 211(a), substituted “No prize competition may result in the award of a cash prize of more than $10,000,000.” for “The total amount made available for award of cash prizes in a fiscal year may not exceed $10,000,000.”
Subsec. (e). Pub. L. 113–291, § 211(b)(2), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 113–291, § 211(c)(3), substituted “Biennial” for “Annual” in heading.
Pub. L. 113–291, § 211(b)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (f)(1). Pub. L. 113–291, § 211(c)(1), substituted “every other year” for “each year” and “two fiscal years” for “fiscal year”.
Subsec. (f)(2). Pub. L. 113–291, § 211(c)(2), substituted “a period of two fiscal years” for “a fiscal year” in introductory provisions.
Subsec. (g). Pub. L. 113–291, § 211(b)(1), redesignated subsec. (f) as (g).
2013—Subsec. (f). Pub. L. 113–66 substituted “September 30, 2018” for “September 30, 2013”.
2011—Subsec. (a). Pub. L. 111–383 substituted “Assistant Secretary of Defense for Research and Engineering” for “Director of Defense Research and Engineering”.
2009—Subsec. (f). Pub. L. 111–84 substituted “2013” for “2010”.
2006—Subsec. (a). Pub. L. 109–364, § 212(a)(1), substituted “Director of Defense Research and Engineering and the service acquisition executive for each military department” for “Director of the Defense Advanced Research Projects Agency” and “programs” for “a program”.
Subsec. (b). Pub. L. 109–364, § 212(a)(2)(A), substituted “Each program” for “The program”.
Subsec. (d). Pub. L. 109–364, § 212(a)(2)(B), substituted “A program” for “The program” and “an official referred to in that subsection” for “the Director”.
Subsec. (e). Pub. L. 109–364, § 212(c), reenacted heading without change and amended text generally. Prior to amendment, subsec. (e) required an annual report, which included the results of consultations between the Director and officials of the military departments, a description of goals, cash prizes, methods used for submissions, a description of resources, and a description of transition plans.
Pub. L. 109–163 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Promptly after the end of each fiscal year during which one or more prizes are awarded under the program under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the administration of the program for that fiscal year. The report shall include the following:
“(1) The military applications of the research, technology, or prototypes for which prizes were awarded.
“(2) The total amount of the prizes awarded.
“(3) The methods used for solicitation and evaluation of submissions, together with an assessment of the effectiveness of those methods.”
Subsec. (f). Pub. L. 109–364, § 212(b), substituted “2010” for “2007”.
2003—Subsec. (e). Pub. L. 108–136 inserted “during which one or more prizes are awarded under the program under subsection (a)” after “each fiscal year” in introductory provisions.
2002—Subsec. (f). Pub. L. 107–314 substituted “September 30, 2007” for “September 30, 2003”.
heading: Effective Date of 2021 Amendment
text: Amendment by section 1701(q)(1), (u)(2)(B), (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 Technical, Conforming, and Clerical Amendments Related to Title XVIII of the Fiscal Year 2021 NDAA 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.
heading: Effective Date of 2016 Amendment
text: Pub. L. 114–328, div. A, title X, § 1081(c), Dec. 23, 2016, 130 Stat. 2419, provided that the amendment made by section 1081(c)(6) is effective as of Nov. 25, 2015, and as if included in Pub. L. 114–92 as enacted.
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.
heading: Prize Competition To Identify Root Cause of Physiological Episodes on Navy, Marine Corps, and Air Force Training and Operational Aircraft
text: Pub. L. 115–91, div. A, title X, § 1089, Dec. 12, 2017, 131 Stat. 1605, as amended by Pub. L. 116–283, div. A, title XVIII, § 1842(c)(1), Jan. 1, 2021, 134 Stat. 4244; Pub. L. 117–81, div. A, title XVII, § 1701(u)(3)(C), Dec. 27, 2021, 135 Stat. 2152, provided that:
“(a) In General.—
Under the authority of section 4025 of title 10, United States Code, and section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Defense, in consultation with the Secretary of the Navy, the Secretary of the Air Force, the Commandant of the Marine Corps, and the heads of any other appropriate Federal agencies that have experience in prize competitions, and when appropriate, in coordination with private organizations, may establish a prize competition designed to accelerate identification of the root cause or causes of, or find solutions to, physiological episodes experienced in Navy, Marine Corps, and Air Force training and operational aircraft.
“(b) Evaluation of Personnel.—
The Secretary of Defense, or the Secretary’s designee, shall select the person or persons to conduct the competition authorized in subsection (a) and evaluate any submissions.
“(c) Limitation.—
The Secretary of Defense may not exercise the authority under subsection (a) before the date that is 15 days after the date on which the Secretary of Defense submits to [the] congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] certification in writing that the use of the authority will not compromise classified information, proprietary information, or intellectual property.”