dreamproit/uscode huggingface dataset:
10 U.S.C. § 2410i (ARMED FORCES)
§ 2410i. Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel
(a) Policy.—
Under section 3(5)(A) of the Export Administration Act of 1979 (50 U.S.C. 4602(5)(A)), it is the policy of the United States to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any other United States person.
(b) Prohibition.—
(1) Consistent with the policy referred to in subsection (a), the Department of Defense may not award a contract for an amount in excess of the simplified acquisition threshold (as defined in section 134 of title 41) to a foreign entity unless that entity certifies to the Secretary of Defense that it does not comply with the secondary Arab boycott of Israel.
(2) In paragraph (1), the term “foreign entity” means a foreign person, a foreign company, or any other foreign entity.
(c) Waiver Authority.—
The Secretary of Defense may waive the prohibition in subsection (b) in specific instances when the Secretary determines that the waiver is necessary in the national security interests of the United States. Within 15 days after the end of each fiscal year, the Secretary shall submit to Congress a report identifying each contract for which a waiver was granted under this subsection during that fiscal year.
(d) Exceptions.—
Subsection (b) does not apply—
(1) to contracts for consumable supplies, provisions, or services that are intended to be used for the support of United States forces or of allied forces in a foreign country; or
(2) to contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes by the United States Government in the interests of national security or to the acquisition or lease of any such equipment, technology, data, or services by the United States Government in the interests of national security.
(Added Pub. L. 102–484, div. A, title XIII, § 1332(a), Oct. 23, 1992, 106 Stat. 2555; amended Pub. L. 111–350, §§ 4, 5(b)(31), Jan. 4, 2011, 124 Stat. 3841, 3845; Pub. L. 114–328, div. A, title X, § 1081(b)(3)(D), Dec. 23, 2016, 130 Stat. 2419.)
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–328 substituted “(50 U.S.C. 4602(5)(A))” for “(50 U.S.C. App. 2402(5)(A))”.
2011—Subsec. (b)(1). Pub. L. 111–350 substituted “simplified acquisition threshold (as defined in section 134 of title 41)” for “small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))”.
10 U.S.C. § 2410r (ARMED FORCES)
§ 2410r. Contract working dogs: requirement to transfer animals to 341st Training Squadron after service life
(a) In General.—
Each contract entered into by the Secretary of Defense for the provision of a contract working dog shall require that the dog be transferred to the 341st Training Squadron after the service life of the dog has terminated as described in subsection (b) for reclassification as a military animal and placement for adoption in accordance with section 2583 of this title.
(b) Service Life.—
The service life of a contract working dog has terminated and the dog is available for transfer to the 341st Training Squadron pursuant to a contract under subsection (a) only if the contracting officer concerned has determined that—
(1) the final contractual obligation of the dog preceding such transfer is with the Department of Defense; and
(2) the dog cannot be used by another department or agency of the Federal Government due to age, injury, or performance.
(c) Contract Working Dog.—
In this section, the term “contract working dog” means a dog—
(1) that performs a service for the Department of Defense pursuant to a contract; and
(2) that is trained and kenneled by an entity that provides such a dog pursuant to such a contract.
(Added Pub. L. 114–328, div. A, title III, § 342(a)(1), Dec. 23, 2016, 130 Stat. 2082.)
10 U.S.C. § 2434 (ARMED FORCES)
[§ 2434. Repealed. Pub. L. 114–328, div. A, title VIII, § 842(c)(1), Dec. 23, 2016, 130 Stat. 2290]
text: Section, added Pub. L. 98–94, title XII, § 1203(a)(1), Sept. 24, 1983, 97 Stat. 682, § 139c; renumbered § 2434 and amended Pub. L. 99–433, title I, §§ 101(a)(5), 110(d)(15), (g)(9), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99–661, div. A, title XII, § 1208(a)–(c)(1), Nov. 14, 1986, 100 Stat. 3975; Pub. L. 100–26, § 7(b)(5), Apr. 21, 1987, 101 Stat. 279; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100–456, div. A, title V, § 525, Sept. 29, 1988, 102 Stat. 1975; Pub. L. 102–190, div. A, title VIII, § 801(a), (b)(1), Dec. 5, 1991, 105 Stat. 1412; Pub. L. 103–355, title III, § 3004, Oct. 13, 1994, 108 Stat. 3330; Pub. L. 104–106, div. A, title VIII, § 814, Feb. 10, 1996, 110 Stat. 395; Pub. L. 107–107, div. A, title VIII, § 821(a), Dec. 28, 2001, 115 Stat. 1181; Pub. L. 111–23, title I, § 101(d)(5), May 22, 2009, 123 Stat. 1710; Pub. L. 111–383, div. A, title VIII, § 814(e), Jan. 7, 2011, 124 Stat. 4267; Pub. L. 114–92, div. A, title VIII, § 831(a)–(c)(1), Nov. 25, 2015, 129 Stat. 912, related to independent cost estimates.
10 U.S.C. § 2441 (ARMED FORCES)
§ 2441. Sustainment reviews
(a) In General.—
The Secretary of each military department shall conduct a sustainment review of each major weapon system not later than five years after declaration of initial operational capability of a major defense acquisition program and throughout the life cycle of the weapon system to assess the product support strategy, performance, and operation and support costs of the weapon system. For any review after the first one, the Secretary concerned shall use availability and reliability thresholds and cost estimates as the basis for the circumstances that prompt such a review. The results of the sustainment review shall be documented in a memorandum by the relevant decision authority.
(b) Elements.—
At a minimum, the review required under subsection (a) shall include the following elements:
(1) An independent cost estimate for the remainder of the life cycle of the program.
(2) A comparison of actual costs to the amount of funds budgeted and appropriated in the previous five years, and if funding shortfalls exist, an explanation of the implications on equipment availability.
(3) A comparison between the assumed and achieved system reliabilities.
(4) An analysis of the most cost-effective source of repairs and maintenance.
(5) An evaluation of the cost of consumables and depot-level repairables.
(6) An evaluation of the costs of information technology, networks, computer hardware, and software maintenance and upgrades.
(7) As applicable, an assessment of the actual fuel efficiencies compared to the projected fuel efficiencies as demonstrated in tests or operations.
(8) As applicable, a comparison of actual manpower requirements to previous estimates.
(9) An analysis of whether accurate and complete data are being reported in the cost systems of the military department concerned, and if deficiencies exist, a plan to update the data and ensure accurate and complete data are submitted in the future.
(c) Coordination.—
The review required under subsection (a) shall be conducted in coordination with the requirements of section 2337 of this title and section 832 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430 note).
(Added Pub. L. 114–328, div. A, title VIII, § 849(c)(1), Dec. 23, 2016, 130 Stat. 2293.)
10 U.S.C. § 2445d (ARMED FORCES)
§ 2445d. Construction with other reporting requirements
In the case of a major automated information system program covered by this chapter that is also treatable as a major defense acquisition program for which reports would be required under chapter 144 of this title, the Secretary may designate the program to be treated only as a major automated information system program covered by this chapter or to be treated only as a major defense acquisition program covered by such chapter 144.
(Added Pub. L. 109–364, div. A, title VIII, § 816(a)(1), Oct. 17, 2006, 120 Stat. 2326; amended Pub. L. 111–84, div. A, title VIII, § 817(a), Oct. 28, 2009, 123 Stat. 2408.)
heading: Repeal of Section
text: For repeal of section by section 846 of Pub. L. 114–328, see Effective Date of Repeal note below.
heading: Amendments
text: 2009—Pub. L. 111–84 substituted “of this title, the Secretary may designate the program to be treated only as a major automated information system program covered by this chapter or to be treated only as a major defense acquisition program covered by such chapter 144.” for “of this title, no reports on the program are required under such chapter if the requirements of this chapter with respect to the program are met.”
heading: Effective Date of Repeal
text: Pub. L. 114–328, div. A, title VIII, § 846, Dec. 23, 2016, 130 Stat. 2292, provided in part that, effective Sept. 30, 2017, this section is repealed.
heading: Effective Date
text: Section effective Jan. 1, 2008, and applicable with respect to any major automated information system program for which amounts are requested in the budget of the President for a fiscal year after fiscal year 2008, see section 816(c) of Pub. L. 109–364, set out as a note under section 2445a of this title.
heading: Guidance Required
text: Pub. L. 111–84, div. A, title VIII, § 817(b), Oct. 28, 2009, 123 Stat. 2408, provided that:
“Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall issue guidance on the implementation of section 2445d of title 10, United States Code (as amended by subsection (a)). The guidance shall provide that, as a general rule—
“(1) a program covered by such section that requires the development of customized hardware shall be treated only as a major defense acquisition program under chapter 144 of title 10, United States Code; and
“(2) a program covered by such section that does not require the development of customized hardware shall be treated only as a major automated information system program under chapter 144A of title 10, United States Code.”
10 U.S.C. § 2446c (ARMED FORCES)
§ 2446c. Requirements relating to availability of major system interfaces and support for modular open system approach
The Secretary of each military department shall—
(1) coordinate with the other military departments, the defense agencies, defense and other private sector entities, national standards-setting organizations, and, when appropriate, with elements of the intelligence community with respect to the specification, identification, development, and maintenance of major system interfaces and standards for use in major system platforms, where practicable;
(2) ensure that major system interfaces incorporate commercial standards and other widely supported consensus-based standards that are validated, published, and maintained by recognized standards organizations to the maximum extent practicable;
(3) ensure that sufficient systems engineering and development expertise and resources are available to support the use of a modular open system approach in requirements development and acquisition program planning;
(4) ensure that necessary planning, programming, and budgeting resources are provided to specify, identify, develop, and sustain the modular open system approach, associated major system interfaces, systems integration, and any additional program activities necessary to sustain innovation and interoperability; and
(5) ensure that adequate training in the use of a modular open system approach is provided to members of the requirements and acquisition workforce.
(Added Pub. L. 114–328, div. A, title VIII, § 805(a)(1), Dec. 23, 2016, 130 Stat. 2255.)
heading: Effective Date
text: Section effective Jan. 1, 2017, see section 805(a)(4) of Pub. L. 114–328, set out as a note under section 2446a of this title.
10 U.S.C. § 2447a (ARMED FORCES)
§ 2447a. Weapon system component or technology prototype projects: display of budget information
(a) Requirements for Budget Display.—
In the defense budget materials for any fiscal year after fiscal year 2017, the Secretary of Defense shall, with respect to advanced component development and prototype activities (within the research, development, test, and evaluation budget), set forth the amounts requested for each of the following:
(1) Acquisition programs of record.
(2) Development, prototyping, and experimentation of weapon system components or other technologies, including those based on commercial items and technologies, separate from acquisition programs of record.
(3) Other budget line items as determined by the Secretary of Defense.
(b) Additional Requirements.—
For purposes of subsection (a)(2), the amounts requested for development, prototyping, and experimentation of weapon system components or other technologies shall be—
(1) structured into either capability, weapon system component, or technology portfolios that reflect the priority areas for prototype projects; and
(2) justified with general descriptions of the types of capability areas and technologies being funded or expected to be funded during the fiscal year concerned.
(c) Definitions.—
In this section, the terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title.
(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2256.)
heading: Effective Date
text: Pub. L. 114–328, div. A, title VIII, § 806(a)(2), Dec. 23, 2016, 130 Stat. 2259, provided that: “Subchapter II of chapter 144B of title 10, United States Code, as added by paragraph (1), shall take effect on January 1, 2017.”
10 U.S.C. § 2447c (ARMED FORCES)
§ 2447c. Requirements and limitations for weapon system component or technology prototype projects
(a) Limitation on Prototype Project Duration.—
A prototype project shall be completed within two years of its initiation.
(b) Merit-based Selection Process.—
A prototype project shall be selected by the service acquisition executive of the military department concerned through a merit-based selection process that identifies the most promising, innovative, and cost-effective prototypes that address one or more of the elements set forth in subsection (c)(1) of section 2447b of this title and are expected to be successfully demonstrated in a relevant environment.
(c) Type of Transaction.—
Prototype projects shall be funded through contracts, cooperative agreements, or other transactions.
(d) Funding Limit.—
(1) Each prototype project may not exceed a total amount of $10,000,000 (based on fiscal year 2017 constant dollars), unless—
(A) the Secretary of the military department, or the Secretary’s designee, approves a larger amount of funding for the project, not to exceed $50,000,000; and
(B) the Secretary, or the Secretary’s designee, submits to the congressional defense committees, within 30 days after approval of such funding for the project, a notification that includes—
(i) the project;
(ii) expected funding for the project; and
(iii) a statement of the anticipated outcome of the project.
(2) The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in paragraph (1) on the basis of Department of Defense escalation rates.
(e) Related Prototype Authorities.—
Prototype projects that exceed the duration and funding limits established in this section shall be pursued under the rapid prototyping process established by section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). In addition, nothing in this subchapter shall affect the authority to carry out prototype projects under section 2371b or any other section of this title related to prototyping.
(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2258.)
heading: Effective Date
text: Section effective Jan. 1, 2017, see section 806(a)(2) of Pub. L. 114–328, set out as a note under section 2447a of this title.
10 U.S.C. § 2447d (ARMED FORCES)
§ 2447d. Mechanisms to speed deployment of successful weapon system component or technology prototypes
(a) Selection of Prototype Project for Production and Rapid Fielding.—
A weapon system component or technology prototype project may be selected by the service acquisition executive of the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures, notwithstanding the requirements of section 2304 of this title, if—
(1) the follow-on production project addresses a high priority warfighter need or reduces the costs of a weapon system;
(2) competitive procedures were used for the selection of parties for participation in the original prototype project;
(3) the participants in the original prototype project successfully completed the requirements of the project; and
(4) a prototype of the system to be procured was demonstrated in a relevant environment.
(b) Special Transfer Authority.—
(1) The Secretary of a military department may, as specified in advance by appropriations Acts, transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the low-rate initial production of the rapid fielding project until required funding for full-rate production can be submitted and approved through the regular budget process of the Department of Defense.
(2) The funds transferred under this subsection to fund the low-rate initial production of a rapid fielding project shall be for a period not to exceed two years, the amount for such period may not exceed $50,000,000, and the special transfer authority provided in this subsection may not be used more than once to fund procurement of a particular new or upgraded system.
(3) The special transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.
(c) Notification to Congress.—
Within 30 days after the service acquisition executive of a military department selects a weapon system component or technology project for a follow-on production contract or other transaction, the service acquisition executive shall notify the congressional defense committees of the selection and provide a brief description of the rapid fielding project.
(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2259.)
heading: Effective Date
text: Section effective Jan. 1, 2017, see section 806(a)(2) of Pub. L. 114–328, set out as a note under section 2447a of this title.
10 U.S.C. § 2447e (ARMED FORCES)
§ 2447e. Definition of weapon system component
In this subchapter, the term “weapon system component” has the meaning given the term “major system component” in section 2446a of this title.
(Added Pub. L. 114–328, div. A, title VIII, § 806(a)(1), Dec. 23, 2016, 130 Stat. 2259.)
heading: Effective Date
text: Section effective Jan. 1, 2017, see section 806(a)(2) of Pub. L. 114–328, set out as a note under section 2447a of this title.
10 U.S.C. § 2448a (ARMED FORCES)
§ 2448a. Program cost, fielding, and performance goals in planning major defense acquisition programs
(a) Program Cost and Fielding Targets.—
(1) Before funds are obligated for technology development, systems development, or production of a major defense acquisition program, the Secretary of Defense shall ensure, by establishing the goals described in paragraph (2), that the milestone decision authority for the major defense acquisition program approves a program that will—
(A) be affordable;
(B) incorporate program planning that anticipates the evolution of capabilities to meet changing threats, technology insertion, and interoperability; and
(C) be fielded when needed.
(2) The goals described in this paragraph are goals for—
(A) the procurement unit cost and sustainment cost (referred to in this section as the “program cost targets”);
(B) the date for initial operational capability (referred to in this section as the “fielding target”); and
(C) technology maturation, prototyping, and a modular open system approach to evolve system capabilities and improve interoperability.
(b) Delegation.—
The responsibilities of the Secretary of Defense in subsection (a) may be delegated only to the Deputy Secretary of Defense.
(c) Definitions.—
In this section:
(1) The term “procurement unit cost” has the meaning provided in section 2432(a)(2) of this title.
(2) The term “initial capabilities document” has the meaning provided in section 2366a(d)(2) of this title.
(Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2260.)
heading: Effective Date
text: Pub. L. 114–328, div. A, title VIII, § 807(a)(2), Dec. 23, 2016, 130 Stat. 2261, provided that: “Subchapter III of chapter 144B of title 10, United States Code, as added by paragraph (1), shall apply with respect to major defense acquisition programs that reach Milestone A after October 1, 2017.”
heading: Program Cost and Field Targets
text: Pub. L. 114–328, div. A, title IX, § 925(b), Dec. 23, 2016, 130 Stat. 2361, provided that:
“The Secretary of Defense shall establish a process to develop program cost and fielding targets pursuant to section 2448a of title 10, United States Code, that—
“(1) is co-chaired by the Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff;
“(2) is supported by—
“(A) the Joint Staff, to provide expertise on joint military capabilities, capability gaps, and performance requirements;
“(B) the Office of Cost Assessment and Program Evaluation, to provide expertise in resource allocation, operations research, systems analysis, and cost estimation; and
“(C) other Department of Defense organizations determined appropriate by the Secretary; and
“(3) ensures that appropriate trade-offs are made among life-cycle cost, schedule, and performance objectives and procurement quantity objectives.”
10 U.S.C. § 2448b (ARMED FORCES)
§ 2448b. Independent technical risk assessments
(a) In General.—
With respect to a major defense acquisition program, the Secretary of Defense shall ensure that an independent technical risk assessment is conducted—
(1) before any decision to grant Milestone A approval for the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need to be matured; and
(2) before any decision to grant Milestone B approval for the program pursuant to section 2366b of this title, any decision to enter into low-rate initial production or full-rate production, or at any other time considered appropriate by the Secretary, that includes the identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment.
(b) Categorization of Technical Risk Levels.—
The Secretary shall issue guidance and a framework for categorizing the degree of technical and manufacturing risk in a major defense acquisition program.
(Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2261.)
heading: Effective Date
text: Section applicable with respect to major defense acquisition programs that reach Milestone A after Oct. 1, 2017, see section 807(a)(2) of Pub. L. 114–328, set out as a note under section 2448a of this title.