dreamproit/uscode huggingface dataset:
10 U.S.C. § 1741 (ARMED FORCES)
§ 1741. Policies and programs: establishment and implementation
(a) Policies and Procedures.—
The Secretary of Defense shall establish policies and procedures for the establishment and implementation of the education and training programs authorized by this subchapter.
(b) Funding Levels.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics each year shall recommend to the Secretary of Defense the funding levels to be requested in the defense budget to implement the education and training programs under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department of Defense budget justification documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31.
(c) Programs.—
The Secretary of each military department, acting through the service acquisition executive for that department, shall establish and implement the education and training programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military department concerned and, to the maximum extent practicable, uniformly with the programs of the other military departments.
(Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1651; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.)
heading: Amendments
text: 2001—Subsec. (b). Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.
1993—Subsec. (b). Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.
heading: Guidance Regarding Training and Development of the Acquisition Workforce
text: Pub. L. 114–328, div. A, title VIII, § 803(b), Dec. 23, 2016, 130 Stat. 2249, provided that:
“(1) In general.—
Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall issue guidance addressing the training and development of the Department of Defense workforce engaged in the procurement of services, including those personnel not designated as members of the acquisition workforce.
“(2) Identification of training and professional development opportunities and alternatives.—
The guidance required under paragraph (1) shall identify training and professional development opportunities and alternatives, not limited to existing Department of Defense institutions, that focus on and provide relevant training and professional development in commercial business models and contracting.
“(3) Treatment of training and professional development.—
Any training and professional development provided pursuant to this subsection outside Department of Defense institutions shall be deemed to be equivalent to similar training certified or provided by the Defense Acquisition University.”
10 U.S.C. § 1787 (ARMED FORCES)
§ 1787. Reporting of child abuse
(a) In General.—
The Secretary of Defense shall request each State to provide for the reporting to the Secretary of any report the State receives of known or suspected instances of child abuse and neglect in which the person having care of the child is a member of the armed forces (or the spouse of the member).
(b) Definition.—
In this section, the term “child abuse and neglect” has the meaning provided in section 3 of the Child Abuse Prevention and Treatment Act (Public Law 93–247; 42 U.S.C. 5101 note).
(Added Pub. L. 104–106, div. A, title V, § 568(a)(1), Feb. 10, 1996, 110 Stat. 331; amended Pub. L. 112–239, div. A, title X, § 1076(d)(2), Jan. 2, 2013, 126 Stat. 1951.)
heading: Amendments
text: 2013—Subsec. (b). Pub. L. 112–239 substituted “section 3” for “section 3(1)” and “Public Law 93–247; 42 U.S.C. 5101 note” for “42 U.S.C. 5102”.
heading: Reporting on Allegations of Child Abuse in Military Families and Homes
text: Pub. L. 114–328, div. A, title V, § 575(a), Dec. 23, 2016, 130 Stat. 2142, provided that:
“(a) Reports to Family Advocacy Program Offices.—
“(1) In general.—
The following information shall be reported immediately to the Family Advocacy Program office at the military installation to which the member of the Armed Forces concerned is assigned:
“(A) Credible information (which may include a reasonable belief), obtained by any individual within the chain of command of the member, that a child in the family or home of the member has suffered an incident of child abuse.
“(B) Information, learned by a member of the Armed Forces engaged in a profession or activity described in section 226(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(b)) for members of the Armed Forces and their dependents, that gives reason to suspect that a child in the family or home of the member has suffered an incident of child abuse.
“(2) Regulations.—
The Secretary of Defense and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall jointly prescribe regulations to carry out this subsection.
“(3) Child abuse defined.—
In this subsection, the term ‘child abuse’ has the meaning given that term in section 226(c) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(c)).”
heading: Plan for Implementation of Accreditation Requirement
text: Pub. L. 104–106, div. A, title V, § 568(c), Feb. 10, 1996, 110 Stat. 335, directed Secretary of Defense to submit to Congress, not later than Apr. 1, 1997, a plan for carrying out the requirements of this section.
10 U.S.C. § 2112a (ARMED FORCES)
§ 2112a. Continued operation of University
The University may not be closed.
(Added Pub. L. 104–201, div. A, title IX, § 907(a)(1), Sept. 23, 1996, 110 Stat. 2620; amended Pub. L. 114–328, div. A, title VII, § 724(c), Dec. 23, 2016, 130 Stat. 2230.)
heading: Prior Provisions
text: Provisions similar to those in subsec. (a) of this section were contained in Pub. L. 103–337, div. A, title IX, § 922(a), Oct. 5, 1994, 108 Stat. 2829, which was set out as a note under section 2112 of this title prior to repeal by Pub. L. 104–201, § 907(b)(1).
Provisions similar to those in subsec. (b) of this section were contained in Pub. L. 104–106, div. A, title X, § 1071(b), Feb. 10, 1996, 110 Stat. 445, which was set out as a note under section 2112 of this title prior to repeal by Pub. L. 104–201, § 907(b)(2).
heading: Amendments
text: 2016—Pub. L. 114–328, § 724(c), struck out “(a) Closure Prohibited.—” before “The University” and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “During the five-year period beginning on October 1, 1996, the personnel staffing levels for the University may not be reduced below the personnel staffing levels for the University as of October 1, 1993.”
10 U.S.C. § 2199 (ARMED FORCES)
§ 2199. Definitions
In this chapter:
(1) The term “defense laboratory” means a laboratory operated by the Department of Defense or owned by the Department of Defense and operated by a contractor or a facility of a Defense Agency at which research and development activities are conducted.
(2) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965.
(3) The term “regional center for the transfer of manufacturing technology” means a manufacturing extension center for the transfer of manufacturing technology and best business practices referred to in section 25(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278k).
(Added Pub. L. 102–190, div. A, title VIII, § 825(a)(1), Dec. 5, 1991, 105 Stat. 1441; amended Pub. L. 105–244, title I, § 102(a)(2)(B), Oct. 7, 1998, 112 Stat. 1617; Pub. L. 114–329, title V, § 501(e)(1), Jan. 6, 2017, 130 Stat. 3032.)
heading: References in Text
text: Section 101 of the Higher Education Act of 1965, referred to in par. (2), is classified to section 1001 of Title 20, Education.
heading: Amendments
text: 2017—Par. (3). Pub. L. 114–329, § 501(e)(1)(B), (C), inserted “and best business practices” before “referred” and substituted “section 25(b)” for “section 25(a)”.
Pub. L. 114–329, § 501(e)(1)(A), which directed substitution of “manufacturing extension center” for “regional center”, was executed by making the substitution after “means a” outside of the defined term, to reflect the probable intent of Congress.
1998—Par. (2). Pub. L. 105–244 substituted “section 101 of the Higher Education Act of 1965” for “section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))”.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.
10 U.S.C. § 2225 (ARMED FORCES)
[§ 2225. Repealed. Pub. L. 114–328, div. A, title VIII, § 833(b)(2)(A), Dec. 23, 2016, 130 Stat. 2284]
text: Section, added Pub. L. 106–398, § 1 [[div. A], title VIII, § 812(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–212; amended Pub. L. 108–178, § 4(b)(2), Dec. 15, 2003, 117 Stat. 2640; Pub. L. 109–364, div. A, title X, § 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 111–350, § 5(b)(6), Jan. 4, 2011, 124 Stat. 3842, related to information technology purchases: tracking and management.
heading: Time for Implementation; Applicability
text: Pub. L. 106–398, § 1 [[div. A], title VIII, § 812(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–214, which provided that the Secretary of Defense was to collect data as required under section 2225 of this title for all contractual actions covered by such section entered into on or after Oct. 30, 2000, was repealed by Pub. L. 114–328, div. A, title VIII, § 833(b)(2)(C)(i), Dec. 23, 2016, 130 Stat. 2284.
heading: GAO Report
text: Pub. L. 106–398, § 1 [[div. A], title VIII, § 812(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–214, which directed the Comptroller General to submit to committees of Congress a report on the collection of data under this section not later than 15 months after Oct. 30, 2000, was repealed by Pub. L. 114–328, div. A, title VIII, § 833(b)(2)(C)(i), Dec. 23, 2016, 130 Stat. 2284.
10 U.S.C. § 2245a (ARMED FORCES)
[§ 2245a. Repealed. Pub. L. 114–328, div. A, title VIII, § 833(b)(1)(A), Dec. 23, 2016, 130 Stat. 2284]
text: Section, added Pub. L. 109–163, div. A, title III, § 373(a), Jan. 6, 2006, 119 Stat. 3210, related to use of operation and maintenance funds for purchase of investment items: limitation.
10 U.S.C. § 2302c (ARMED FORCES)
[§ 2302c. Repealed. Pub. L. 114–328, div. A, title VIII, § 833(b)(5)(A)(i), Dec. 23, 2016, 130 Stat. 2285]
text: Section, added Pub. L. 103–355, title IX, § 9002(a), Oct. 13, 1994, 108 Stat. 3402; amended Pub. L. 105–85, div. A, title VIII, § 850(f)(3)(A), Nov. 18, 1997, 111 Stat. 1850; Pub. L. 105–129, § 1(a)(1), Dec. 1, 1997, 111 Stat. 2551; Pub. L. 106–65, div. A, title X, § 1066(a)(18), Oct. 5, 1999, 113 Stat. 771; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 109–364, div. A, title X, § 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 111–350, § 5(b)(11), Jan. 4, 2011, 124 Stat. 3843, related to implementation of electronic commerce capability.
10 U.S.C. § 2339 (ARMED FORCES)
§ 2339. Micro-purchase threshold for basic research programs and activities of the Department of Defense science and technology reinvention laboratories
Notwithstanding subsection (a) of section 1902 of title 41, the micro-purchase threshold for the Department of Defense for purposes of such section is $10,000 for purposes of basic research programs and for the activities of the Department of Defense science and technology reinvention laboratories.
(Added Pub. L. 114–328, div. A, title II, § 217(a)(1), Dec. 23, 2016, 130 Stat. 2051.)
10 U.S.C. § 2338 (ARMED FORCES)
§ 2338. Micro-purchase threshold
Notwithstanding subsection (a) of section 1902 of title 41, the micro-purchase threshold for the Department of Defense for purposes of such section is $5,000.
(Added Pub. L. 114–328, div. A, title VIII, § 821(a), Dec. 23, 2016, 130 Stat. 2276.)
10 U.S.C. § 2366c (ARMED FORCES)
§ 2366c. Major defense acquisition programs: submissions to Congress on Milestone C
(a) Brief Summary Report.—
Not later than 15 days after granting Milestone C approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following:
(1) The estimated cost and schedule for the program established by the military department concerned, including—
(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and
(B) the planned dates for initial operational test and evaluation and initial operational capability.
(2) The independent estimated cost for the program established pursuant to section 2334(a)(6) of this title, and any independent estimated schedule for the program, including—
(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and
(B) the planned dates for initial operational test and evaluation and initial operational capability.
(3) A summary of any production, manufacturing, and fielding risks associated with the program.
(b) Additional Information.—
At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee further information or underlying documentation for the information in a brief summary report submitted under subsection (a), including the independent cost and schedule estimates and the independent technical risk assessments referred to in that subsection.
(c) Congressional Intelligence Committees Defined.—
In this section, the term “congressional intelligence committees” has the meaning given that term in section 437(c) of this title.
(Added Pub. L. 114–328, div. A, title VIII, § 808(c)(1), Dec. 23, 2016, 130 Stat. 2265.)
10 U.S.C. § 2372a (ARMED FORCES)
§ 2372a. Bid and proposal costs: allowable costs
(a) Regulations.—
The Secretary of Defense shall prescribe regulations governing the payment by the Department of Defense of expenses incurred by contractors for bid and proposal costs. Such regulations shall provide that expenses incurred for bid and proposal costs shall be reported independently from other allowable indirect costs.
(b) Costs Allowable as Indirect Expenses.—
The regulations prescribed under subsection (a) shall provide that bid and proposal costs shall be allowable as indirect expenses on covered contracts, as defined in section 2324(l) of this title, to the extent that those costs are allocable, reasonable, and not otherwise unallowable by law or under the Federal Acquisition Regulation.
(c) Goal for Reimbursable Bid and Proposal Costs.—
The Secretary shall establish a goal each fiscal year limiting the amount of reimbursable bid and proposal costs paid by the Department of Defense to an amount equal to not more than one percent of the total aggregate industry sales to the Department of Defense. To achieve such goal, the Secretary may not limit the payment of allowable bid and proposal costs for the covered year.
(d) Panel.—
(1) If the Department of Defense exceeds the goal established under subsection (c) for a fiscal year, within 180 days after exceeding the goal, the Secretary shall establish an advisory panel. The panel shall be supported by the Defense Acquisition University and the National Defense University, including administrative support.
(2) The panel shall be composed of nine individuals who are recognized experts in acquisition and procurement policy appointed by the Secretary. In making such appointments, the Secretary shall ensure that the members of the panel reflect diverse experiences in the public and private sector.
(3) The panel shall review laws, regulations, and practices that contribute to the expenses incurred by contractors for bids and proposals in the fiscal year concerned and recommend changes to such laws, regulations, and practices that may reduce expenses incurred by contractors for bids and proposals.
(4)
(A) Not later than six months after the establishment of the panel, the panel shall submit to the Secretary and the congressional defense committees an interim report on the findings of the panel.
(B) Not later than one year after the establishment of the panel, the panel shall submit to the Secretary and the congressional defense committees a final report on the findings of the panel.
(5) The panel shall terminate on the day the panel submits the final report under paragraph (4)(B).
(6) The Secretary of Defense may use amounts available in the Department of Defense Acquisition Workforce Development Fund established under section 1705 of this title to support the activities of the panel established under this subsection.
(e) Effective Date.—
The regulations prescribed under subsection (a) shall apply to indirect costs incurred on or after October 1, 2017.
(Added Pub. L. 114–328, div. A, title VIII, § 824(b)(1), Dec. 23, 2016, 130 Stat. 2278.)
10 U.S.C. § 2378 (ARMED FORCES)
[§ 2378. Repealed. Pub. L. 114–328, div. A, title VIII, § 833(b)(3)(A), Dec. 23, 2016, 130 Stat. 2284]
text: Section, added Pub. L. 105–85, div. A, title III, § 350(a), Nov. 18, 1997, 111 Stat. 1691, related to procurement of copier paper containing specified percentages of post-consumer recycled content.
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 provide assistance to the military departments and Defense Agencies in making commercial item determinations, conducting market research, and performing analysis of price reasonableness for the purposes of procurements by the Department of Defense; and
(2) provide to officials of the Department of Defense access to previous Department of Defense commercial item determinations, market research, and analysis used to determine the reasonableness of price 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; amended Pub. L. 114–328, div. A, title VIII, § 873, Dec. 23, 2016, 130 Stat. 2307.)
heading: Amendments
text: 2016—Par. (1), (2). Pub. L. 114–328 amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:
“(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.”
10 U.S.C. § 2380a (ARMED FORCES)
§ 2380a. Treatment of certain items as commercial items
(a) Goods and Services Provided by Nontraditional Defense Contractors.—
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.
(b) Services Provided by Certain Nontraditional Contractors.—
Notwithstanding section 2376(1) of this title, services provided by a business unit that is a nontraditional defense contractor (as that term is defined in section 2302(9) of this title) shall be treated as commercial items for purposes of this chapter, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.
(Added Pub. L. 114–92, div. A, title VIII, § 857(a), Nov. 25, 2015, 129 Stat. 921; amended Pub. L. 114–328, div. A, title VIII, § 878(a), (b)(1), Dec. 23, 2016, 130 Stat. 2312.)
heading: Amendments
text: 2016—Pub. L. 114–328, § 878(b)(1), which directed amendment of “Section 2380A of title 10” by striking out the section catchline and inserting “§ 2380a. Treatment of certain items as commercial items”, was executed by redesignating this section as section 2380a and substituting “Treatment of certain items as commercial items” for “Treatment of goods and services provided by nontraditional defense contractors as commercial items” in section catchline, to reflect the probable intent of Congress.
Pub. L. 114–328, § 878(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
10 U.S.C. § 2380B (ARMED FORCES)
§ 2380B. Treatment of commingled items purchased by contractors as commercial items
Notwithstanding 2376(1) of this title, items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract shall be treated as a commercial item for purposed of this chapter.
(Added Pub. L. 114–328, div. A, title VIII, § 877(a), Dec. 23, 2016, 130 Stat. 2311.)
10 U.S.C. § 2387 (ARMED FORCES)
[§ 2387. Repealed. Pub. L. 114–328, div. A, title VIII, § 833(b)(4)(A), Dec. 23, 2016, 130 Stat. 2285]
text: Section, added Pub. L. 85–861, § 1(45), Sept. 2, 1958, 72 Stat. 1458, related to procurement of table and kitchen equipment for officers’ quarters: limitation on.