Sec. 842. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO CARRY OUT CERTAIN PROTOTYPE PROJECTS

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## SEC. 842 MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO CARRY OUT CERTAIN PROTOTYPE PROJECTS Section 4022 of title 10, United States Code, is amended— ####

(1)in subsection (a)(2)— #####

(A)by striking “, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),” both places it appears; #####

(B)in subparagraph (A)(ii), by striking “; and” and inserting a semicolon; #####

(C)in subparagraph (B)(ii), by striking the period at the end and inserting “; and”; and #####

(D)by adding at the end the following new subparagraph: > > ##### “(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)will be met; and > > > ###### “(II) > > the use of the authority of this section is essential to meet critical national security objectives; and > > > ###### “(ii) > > notifies the congressional defense committees in writing of the determinations required under clause

(i)at the time such authority is exercised.” > ; ####

(2)in subsection (e)— #####

(A)by redesignating paragraphs

(1)and

(2)as paragraphs

(2)and (4), respectively; #####

(B)by inserting before paragraph (2), as redesignated by subparagraph (A), the following new paragraph: > > #### “(1) > > The term ‘covered official’ means— > > > ##### “(A) > > a service acquisition executive; > > > ##### “(B) > > the Director of the Defense Advanced Research Projects Agency; > > > ##### “(C) > > the Director of the Missile Defense Agency; > > > ##### “(D) > > the Undersecretary of Defense for Acquisition and Sustainment; or > > > ##### “(E) > > the Undersecretary of Defense for Research and Engineering.” > ; and #####

(C)by inserting after paragraph (2), as so redesignated, the following new paragraph: > > #### “(3) > > The term ‘service acquisition executive’ has the meaning given that term in section 101(a) of this title.” > ; and ####

(3)in subsection (f)(2), in the matter preceding subparagraph (A), by striking “of section 2304 of this title,” and inserting the following: “of chapter 221 of this title and even if explicit notification was not listed within the request for proposal for the transaction”.