dreamproit/uscode huggingface dataset:
10 U.S.C. § 1599e (ARMED FORCES)
§ 1599e. Probationary period for employees
(a) In General.—
Notwithstanding sections 3321 and 3393(d) of title 5, the appointment of a covered employee shall become final only after such employee has served a probationary period of two years. The Secretary concerned may extend a probationary period under this subsection at the discretion of such Secretary.
(b) Definitions.—
In this section:
(1) The term “covered employee” means any individual—
(A) appointed to a permanent position within the competitive service at the Department of Defense; or
(B) appointed as a career appointee (as that term is defined in section 3132(a)(4) of title 5) within the Senior Executive Service at the Department.
(2) The term “Secretary concerned” includes the Secretary of Defense with respect to employees of the Department of Defense who are not employees of a military department.
(c) Employment Becomes Final.—
Upon the expiration of a covered employee’s probationary period under subsection (a), the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the Secretary of Defense.
(d) Application of Chapter 75 of Title 5 for Employees in the Competitive Service.—
With respect to any individual described in subsection (b)(1)(A) and to whom this section applies, section 7501(1) and section 7511(a)(1)(A)(ii) of title 5 shall be applied to such individual by substituting “completed 2 years” for “completed 1 year” in each instance it appears.
(Added Pub. L. 114–92, div. A, title XI, § 1105(a)(1), Nov. 25, 2015, 129 Stat. 1023.)
heading: Effective Date
text: Pub. L. 114–92, div. A, title XI, § 1105(b), Nov. 25, 2015, 129 Stat. 1024, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to any covered employee (as that term is defined in section 1599e of title 10, United States Code, as added by such subsection) appointed after the date of the enactment of this section [Nov. 25, 2015].”
10 U.S.C. § 2154 (ARMED FORCES)
§ 2154. Joint professional military education: three-phase approach
(a) Three-Phase Approach.—
The Secretary of Defense shall implement a three-phase approach to joint professional military education, as follows:
(1) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase I instruction, consisting of all the elements of a joint professional military education (as specified in section 2151(a) of this title), in addition to the principal curriculum taught to all officers at an intermediate level service school or at a joint intermediate level school.
(2) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase II instruction, consisting of—
(A) a joint professional military education curriculum taught in residence at, or offered through, the Joint Forces Staff College or a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution; or
(B) a senior level service course of at least ten months that has been designated and certified by the Secretary of Defense as a joint professional military education course.
(3) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as the Capstone course, for officers selected for promotion to the grade of brigadier general or, in the case of the Navy, rear admiral (lower half) and offered in accordance with section 2153 of this title.
(b) Sequenced Approach.—
The Secretary shall require the sequencing of joint professional military education so that the standard sequence of assignments for such education requires an officer to complete Phase I instruction before proceeding to Phase II instruction, as provided in section 2155(a) of this title.
(Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1898; amended Pub. L. 112–81, div. A, title V, § 552(a)(1), Dec. 31, 2011, 125 Stat. 1412; Pub. L. 113–291, div. A, title V, § 506, Dec. 19, 2014, 128 Stat. 3356; Pub. L. 114–92, div. A, title V, § 554, Nov. 25, 2015, 129 Stat. 824.)
heading: Amendments
text: 2015—Subsec. (a)(2)(A). Pub. L. 114–92 inserted “, or offered through,” after “taught in residence at”.
2014—Subsec. (a)(2). Pub. L. 113–291 substituted “consisting of—” for “consisting of a joint professional military education curriculum taught in residence at—” in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which read as follows:
“(A) the Joint Forces Staff College; or
“(B) a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution.”
2011—Subsec. (a)(1). Pub. L. 112–81 inserted “or at a joint intermediate level school” before period at end.
10 U.S.C. § 2241b (ARMED FORCES)
§ 2241b. Prohibition on contracts providing payments for activities at sporting events to honor members of the armed forces
(a) Prohibition.—
The Department of Defense may not enter into any contract or other agreement under which payments are to be made in exchange for activities by the contractor intended to honor, or giving the appearance of honoring, members of the armed forces (whether members of the regular components or the reserve components) at any form of sporting event.
(b) Construction.—
Nothing in subsection (a) shall be construed as prohibiting the Department of Defense from taking actions to facilitate activities intended to honor members of the armed forces at sporting events that are provided on a pro bono basis or otherwise funded with non-Federal funds if such activities are provided and received in accordance with applicable rules and regulations regarding the acceptance of gifts by the military departments, the armed forces, and members of the armed forces.
(Added Pub. L. 114–92, div. A, title III, § 341(a), Nov. 25, 2015, 129 Stat. 792.)
10 U.S.C. § 2272 (ARMED FORCES)
§ 2272. Space science and technology strategy: coordination
The Secretary of Defense and the Director of National Intelligence shall jointly develop and implement a space science and technology strategy and shall review and, as appropriate, revise the strategy biennially. Functions of the Secretary under this section shall be carried out jointly by the Assistant Secretary of Defense for Research and Engineering and the official of the Department of Defense designated as the Department of Defense Executive Agent for Space.
(Added Pub. L. 108–136, div. A, title IX, § 911(a)(1), Nov. 24, 2003, 117 Stat. 1563; amended Pub. L. 111–84, div. A, title IX, § 911(a)(1)–(3), Oct. 28, 2009, 123 Stat. 2428, 2429; Pub. L. 111–383, div. A, title IX, § 901(j)(2), Jan. 7, 2011, 124 Stat. 4324; Pub. L. 114–92, div. A, title XVI, § 1604, Nov. 25, 2015, 129 Stat. 1098.)
heading: Prior Provisions
text: A prior section 2272, act Aug. 10, 1956, ch. 1041, 70A Stat. 124, related to contracts to obtain designs submitted in design competitions, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704.
heading: Amendments
text: 2015—Pub. L. 114–92 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to space science and technology strategy, required coordination, and definitions.
2011—Subsecs. (a), (b). Pub. L. 111–383 substituted “Assistant Secretary of Defense for Research and Engineering” for “Director of Defense Research and Engineering” wherever appearing.
2009—Subsec. (a)(1). Pub. L. 111–84, § 911(a)(1), substituted “The Secretary of Defense and the Director of National Intelligence shall jointly develop” for “The Secretary of Defense shall develop”.
Subsec. (a)(2)(D). Pub. L. 111–84, § 911(a)(2), added subpar. (D).
Subsec. (a)(5). Pub. L. 111–84, § 911(a)(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The strategy shall be available for review by the congressional defense committees.”
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: Initial Report
text: Pub. L. 111–84, div. A, title IX, § 911(a)(4), Oct. 28, 2009, 123 Stat. 2429, required the first space science and technology strategy required to be submitted under former 10 U.S.C. 2272(a)(5) to be submitted on the date on which the President submitted to Congress the budget for fiscal year 2012 under 31 U.S.C. 1105.
10 U.S.C. § 2279a (ARMED FORCES)
§ 2279a. Principal advisor on space control
(a) In General.—
The Secretary of Defense shall designate a senior official of the Department of Defense or a military department to serve as the Principal Space Control Advisor, who, in addition to the other duties of such senior official, shall act as the principal advisor to the Secretary on space control activities.
(b) Responsibilities.—
The Principal Space Control Advisor shall be responsible for the following:
(1) Supervision of space control activities related to the development, procurement, and employment of, and strategy relating to, space control capabilities.
(2) Oversight of policy, resources, personnel, and acquisition and technology relating to space control activities.
(c) Cross-functional Team.—
The Principal Space Control Advisor shall integrate the space control expertise and perspectives of appropriate organizational entities of the Office of the Secretary of Defense, the Joint Staff, the military departments, the Defense Agencies, and the combatant commands, by establishing and maintaining a cross-functional team of subject-matter experts who are otherwise assigned or detailed to those entities.
(Added Pub. L. 114–92, div. A, title XVI, § 1602(a), Nov. 25, 2015, 129 Stat. 1096.)
10 U.S.C. § 2313a (ARMED FORCES)
§ 2313a. Defense Contract Audit Agency: annual report
(a) Required Report.—
The Director of the Defense Contract Audit Agency shall prepare an annual report of the activities of the Agency during the previous fiscal year. The report shall include, at a minimum—
(1) a description of significant problems, abuses, and deficiencies encountered during the conduct of contractor audits;
(2) statistical tables showing—
(A) the total number of audit reports completed and pending;
(B) the priority given to each type of audit;
(C) the length of time taken for each type of audit;
(D) the total costs of sustained or recovered costs both as a total number and as a percentage of questioned costs; and
(E) an assessment of the number and types of audits pending for a period longer than allowed pursuant to guidance of the Defense Contract Audit Agency;
(3) a summary of any recommendations of actions or resources needed to improve the audit process;
(4) a description of outreach actions toward industry to promote more effective use of audit resources; and
(5) any other matters the Director considers appropriate.
(b) Submission of Annual Report.—
Not later than March 30 of each year, the Director shall submit to the congressional defense committees the report required by subsection (a).
(c) Public Availability.—
Not later than 60 days after the submission of an annual report to the congressional defense committees under subsection (b), the Director shall make the report available on the publicly available website of the Agency or such other publicly available website as the Director considers appropriate.
(Added Pub. L. 112–81, div. A, title VIII, § 805(a), Dec. 31, 2011, 125 Stat. 1486; amended Pub. L. 114–92, div. A, title VIII, § 893(b), Nov. 25, 2015, 129 Stat. 952.)
heading: Amendments
text: 2015—Subsec. (a)(2)(D). Pub. L. 114–92, § 893(b)(1), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs); and”.
Subsec. (a)(4), (5). Pub. L. 114–92, § 893(b)(2)–(4), added par. (4) and redesignated former par. (4) as (5).
10 U.S.C. § 2352 (ARMED FORCES)
[§ 2352. Repealed. Pub. L. 114–92, div. A, title X, § 1078(c)(1), Nov. 25, 2015, 129 Stat. 999]
text: Section, added Pub. L. 108–136, div. A, title II, § 232(a), Nov. 24, 2003, 117 Stat. 1422; amended Pub. L. 113–66, div. A, title II, § 211(a), (b), Dec. 26, 2013, 127 Stat. 703, related to the biennial strategic plan of the Defense Advanced Research Projects Agency.
text: A prior section 2352, acts Aug. 10, 1956, ch. 1041, 70A Stat. 133; Dec. 5, 1991, Pub. L. 102–190, div. A, title VIII, § 803(a)(1), 105 Stat. 1414; Pub. L. 102–484, div. A, title X, § 1053(4), Oct. 23, 1992, 106 Stat. 2501, required Secretary of military department to give notice to Congress of contracts performed over a period exceeding 10 years, prior to repeal by Pub. L. 104–106, div. A, title X, § 1062(c)(1), Feb. 10, 1996, 110 Stat. 444.
10 U.S.C. § 2373 (ARMED FORCES)
§ 2373. Procurement for experimental purposes
(a) Authority.—
The Secretary of Defense and the Secretaries of the military departments may each buy ordnance, signal, chemical activity, transportation, energy, medical, space-flight, and aeronautical supplies, including parts and accessories, and designs thereof, that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense.
(b) Procedures.—
Purchases under this section may be made inside or outside the United States and by contract or otherwise. Chapter 137 of this title applies only when such purchases are made in quantities greater than necessary for experimentation, technical evaluation, assessment of operational utility, or safety or to provide a residual operational capability.
(Added Pub. L. 103–160, div. A, title VIII, § 822(c)(1), Nov. 30, 1993, 107 Stat. 1706; amended Pub. L. 103–337, div. A, title X, § 1070(g), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title VIII, § 812, Feb. 10, 1996, 110 Stat. 395; Pub. L. 114–92, div. A, title VIII, § 814, Nov. 25, 2015, 129 Stat. 893.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 4504 and 9504 of this title, prior to repeal by Pub. L. 103–160, § 822(c)(2).
heading: Amendments
text: 2015—Subsec. (a). Pub. L. 114–92, § 814(a), inserted “transportation, energy, medical, space-flight,” before “and aeronautical supplies”.
Subsec. (b). Pub. L. 114–92, § 814(b), substituted “only when such purchases are made in quantities greater than necessary for experimentation, technical evaluation, assessment of operational utility, or safety or to provide a residual operational capability” for “only when such purchases are made in quantity”.
1996—Subsec. (b). Pub. L. 104–106 inserted “only” after “applies” in second sentence.
1994—Subsec. (a). Pub. L. 103–337 substituted “chemical activity, and aeronautical supplies,” for “and chemical activity supplies,”.
10 U.S.C. § 2380 (ARMED FORCES)
§ 2380. Commercial item determinations by Department of Defense
The Secretary of Defense shall—
(1) establish and maintain a centralized capability with necessary expertise and resources to oversee the making of commercial item determinations for the purposes of procurements by the Department of Defense; and
(2) provide public access to Department of Defense commercial item determinations for the purposes of procurements by the Department of Defense.
(Added Pub. L. 114–92, div. A, title VIII, § 851(a)(1), Nov. 25, 2015, 129 Stat. 916.)
10 U.S.C. § 2380A (ARMED FORCES)
§ 2380A. Treatment of goods and services provided by nontraditional defense contractors as commercial items
Notwithstanding section 2376(1) of this title, items and services provided by nontraditional defense contractors (as that term is defined in section 2302(9) of this title) may be treated by the head of an agency as commercial items for purposes of this chapter.
(Added Pub. L. 114–92, div. A, title VIII, § 857(a), Nov. 25, 2015, 129 Stat. 921.)
10 U.S.C. § 2431b (ARMED FORCES)
§ 2431b. Risk management and mitigation in major defense acquisition programs and major systems
(a) Requirement.—
The Secretary of Defense shall ensure that the initial acquisition strategy (required under section 2431a of this title) approved by the milestone decision authority and any subsequent revisions include the following:
(1) A comprehensive approach for managing and mitigating risk (including technical, cost, and schedule risk) during each of the following periods or when determined appropriate by the milestone decision authority:
(A) The period preceding engineering manufacturing development, or its equivalent.
(B) The period preceding initial production.
(C) The period preceding full-rate production.
(2) An identification of the major sources of risk in each of the periods listed in paragraph (1) to improve programmatic decisionmaking and appropriately minimize and manage program concurrency.
(b) Approach to Manage and Mitigate Risks.—
The comprehensive approach to manage and mitigate risk included in the acquisition strategy for purposes of subsection (a)(1) shall, at a minimum, include consideration of risk mitigation techniques such as the following:
(1) Prototyping (including prototyping at the system, subsystem, or component level and competitive prototyping, where appropriate) and, if prototyping at either the system, subsystem, or component level is not used, an explanation of why it is not appropriate.
(2) Modeling and simulation, the areas that modeling and simulation will assess, and identification of the need for development of any new modeling and simulation tools in order to support the comprehensive strategy.
(3) Technology demonstrations and decision points for disciplined transition of planned technologies into programs or the selection of alternative technologies.
(4) Multiple design approaches.
(5) Alternative designs, including any designs that meet requirements but do so with reduced performance.
(6) Phasing of program activities or related technology development efforts in order to address high-risk areas as early as feasible.
(7) Manufacturability and industrial base availability.
(8) Independent risk element assessments by outside subject matter experts.
(9) Schedule and funding margins for identified risks.
(c) Preference for Prototyping.—
To the maximum extent practicable and consistent with the economical use of available financial resources, the milestone decision authority for each major defense acquisition program shall ensure that the acquisition strategy for the program provides for—
(1) the production of competitive prototypes at the system or subsystem level before Milestone B approval; or
(2) if the production of competitive prototypes is not practicable, the production of single prototypes at the system or subsystem level.
(d) Definitions.—
In this section, the terms “major defense acquisition program” and “major system” have the meanings provided in section 2431a of this title.
(Added Pub. L. 114–92, div. A, title VIII, § 822(a)(1), Nov. 25, 2015, 129 Stat. 900.)
10 U.S.C. § 2545 (ARMED FORCES)
§ 2545. Definitions
In this chapter:
(1) The term “acquisition” has the meaning provided in section 131 of title 41.
(2) The term “defense acquisition system” means the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
(3) The term “element of the defense acquisition system” means an organization that employs members of the acquisition workforce, carries out acquisition functions, and focuses primarily on acquisition.
(4) The term “acquisition workforce” has the meaning provided in section 101(a)(18) of this title.
(Added Pub. L. 111–383, div. A, title VIII, § 861(a), Jan. 7, 2011, 124 Stat. 4288; amended Pub. L. 113–291, div. A, title X, § 1071(a)(11), Dec. 19, 2014, 128 Stat. 3505.)
heading: Prior Provisions
text: A prior section 2545 was renumbered section 2555 of this title.
heading: Amendments
text: 2014—Par. (1). Pub. L. 113–291 substituted “section 131 of title 41” for “section 4(16) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(16))”.
heading: Short Title of 2011 Amendment
text: Pub. L. 111–383, div. A, title VIII, § 860, Jan. 7, 2011, 124 Stat. 4287, provided that: “This subtitle [subtitle F (§§ 860–896) of title VIII of div. A of Pub. L. 111–383, enacting this chapter and sections 139e, 1701a, 1722b, 1748, 1762, and 2508 of this title, amending sections 101, 1723, 1746, 2302, 2500, 2501, 2505, and 2506 of this title, enacting provisions set out as notes under sections 1723, 1748, 2222, 2302, 2306a, 2330, and 2501 of this title, amending provisions set out as notes under section 2371 of this title and section 637 of Title 15, Commerce and Trade, and repealing provisions set out as notes under sections 1701 and 1723 of this title] may be cited as the ‘Improve Acquisition Act of 2010’.”
heading: Review of Time-Based Requirements Process and Budgeting and Acquisition Systems
text: Pub. L. 114–92, div. A, title VIII, § 810, Nov. 25, 2015, 129 Stat. 890, provided that:
“(a) Time-based Requirements Process.—
The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall review the requirements process with the goal of establishing an agile and streamlined system that develops requirements that provide stability and foundational direction for acquisition programs and shall determine the advisability of providing a time-based or phased distinction between capabilities needed to be deployed urgently, within 2 years, within 5 years, and longer than 5 years.
“(b) Budgeting and Acquisition Systems.—
The Secretary of Defense shall review and ensure that the acquisition and budgeting systems are structured to meet time-based or phased requirements in a manner that is predictable, cost effective, and efficient and takes advantage of emerging technological developments.”
10 U.S.C. § 2546a (ARMED FORCES)
§ 2546a. Customer-oriented acquisition system
(a) Objective.—
It shall be the objective of the defense acquisition system to meet the needs of its customers in the most cost-effective manner practicable. The acquisition policies, directives, and regulations of the Department of Defense shall be modified as necessary to ensure the development and implementation of a customer-oriented acquisition system.
(b) Customer.—
The customer of the defense acquisition system is the armed force that will have primary responsibility for fielding the system or systems acquired. The customer is represented with regard to a major defense acquisition program by the Secretary of the military department concerned and the Chief of the armed force concerned.
(c) Role of Customer.—
The customer of a major defense acquisition program shall be responsible for balancing resources against priorities on the acquisition program and ensuring that appropriate trade-offs are made among cost, schedule, technical feasibility, and performance on a continuing basis throughout the life of the acquisition program.
(Added Pub. L. 114–92, div. A, title VIII, § 802(a)(1), Nov. 25, 2015, 129 Stat. 878.)