dreamproit/uscode huggingface dataset:
10 U.S.C. § 2322a (ARMED FORCES)
§ 2322a. Requirement for consideration of certain matters during acquisition of noncommercial computer software
(a) Consideration Required.—
As part of any negotiation for the acquisition of noncommercial computer software, the Secretary of Defense shall ensure that such negotiations consider, to the maximum extent practicable, acquisition, at the appropriate time in the life cycle of the noncommercial computer software, of all software and related materials necessary—
(1) to reproduce, build, or recompile the software from original source code and required libraries;
(2) to conduct required computer software testing; and
(3) to deploy working computer software system binary files on relevant system hardware.
(b) Delivery of Software and Related Materials.—
Any noncommercial computer software or related materials required to be delivered as a result of considerations in subsection (a) shall, to the extent appropriate as determined by the Secretary—
(1) include computer software delivered in a useable, digital format;
(2) not rely on external or additional software code or data, unless such software code or data is included in the items to be delivered; and
(3) in the case of negotiated terms that do not allow for the inclusion of dependent software code or data, sufficient documentation to support maintenance and understanding of interfaces and software revision history.
(Added Pub. L. 115–91, div. A, title VIII, § 871(a)(1), Dec. 12, 2017, 131 Stat. 1496.)
heading: Renumbering of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1857(c), Jan. 1, 2021, 134 Stat. 4151, 4276, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is renumbered section 4576 of this title. See Effective Date of 2021 Amendment note below.
heading: Effective Date of 2021 Amendment
text: 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: Guidance
text: Pub. L. 115–91, div. A, title VIII, § 871(b), Dec. 12, 2017, 131 Stat. 1497, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall issue updated guidance to implement section 2322a of title 10, United States Code, as added by subsection (a).”
10 U.S.C. § 2338 (ARMED FORCES)
§ 2338. Micro-purchase threshold
The micro-purchase threshold for the Department of Defense is $10,000.
(Added Pub. L. 114–328, div. A, title VIII, § 821(a), Dec. 23, 2016, 130 Stat. 2276; amended Pub. L. 115–232, div. A, title VIII, § 821(a), Aug. 13, 2018, 132 Stat. 1853.)
heading: Renumbering of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1823(b), Jan. 1, 2021, 134 Stat. 4151, 4205, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is renumbered section 3573 of this title. See Effective Date of 2021 Amendment note below.
heading: Amendments
text: 2018—Pub. L. 115–232 substituted “The micro-purchase threshold for the Department of Defense is $10,000” for “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”.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 2339b (ARMED FORCES)
§ 2339b. Notification of Navy procurement production disruptions
(a) Requirement for Contractor To Provide Notice of Delays.—
The Secretary of the Navy shall require prime contractors of any Navy procurement program funded under either the Shipbuilding and Conversion, Navy account or the Other Procurement, Navy account to report within 15 calendar days any stop work order or other manufacturing disruption of 15 calendar days or more, by the prime contractor or any subcontractor, to the respective program manager and Navy technical authority.
(b) Quarterly Reports.—
The Secretary of the Navy shall submit to the congressional defense committees not later than 15 calendar days after the end of each quarter of a fiscal year a report listing all notifications made pursuant to subsection (a) during the preceding quarter.
(Added Pub. L. 116–92, div. A, title VIII, § 820(a), Dec. 20, 2019, 133 Stat. 1489.)
heading: Renumbering of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1878(a), Jan. 1, 2021, 134 Stat. 4151, 4292, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is renumbered section 8751 of this title. See Effective Date of 2021 Amendment note below.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 2339c (ARMED FORCES)
§ 2339c. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts
(a) In General.—
Any covered offeror seeking to be awarded a shipbuilding construction contract as part of a major defense acquisition program with funds from the Shipbuilding and Conversion, Navy account shall disclose along with the offer and any subsequent revisions of the offer (including the final proposal revision offer) if any part of the planned contract performance will or is expected to include foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
(b) Requirements.—
A disclosure required under subsection (a) shall be made in a form prescribed by the Secretary of the Navy and shall include a specific description of the extent to which the planned contract performance will include, with or without contingencies, any foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
(c) Congressional Notification.—
Not later than 5 days after awarding a contract described under subsection (a), the Secretary of the Navy shall notify the congressional defense committees and summarize the disclosure provided under such subsection.
(d) Definitions.—
In this section:
(1) Covered offeror.—
The term “covered offeror” means any offeror that requires or may reasonably be expected to require, during the period of performance on a shipbuilding construction contract described in subsection (a), a method to mitigate or negate foreign ownership under section 2004.34(f)(6) of title 32, Code of Federal Regulations.
(2) Foreign government subsidized performance.—
The term “foreign government subsidized performance” means any financial support, materiel, services, or guarantees of support, services, supply, performance, or intellectual property concessions, that may be provided to or for the covered offeror or the customer of the offeror by a foreign government or entity effectively owned or controlled by a foreign government, which may have the effect of supplementing, supplying, servicing, or reducing the cost or price of an end item, or supporting, financing in whole or in part, or guaranteeing contract performance by the offeror.
(3) Major defense acquisition program.—
The term “major defense acquisition program” has the meaning given the term in section 2430 of this title.
(Added Pub. L. 116–283, div. A, title VIII, § 803(a), Jan. 1, 2021, 134 Stat. 3734.)
heading: Repeal of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151, 4293, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is repealed.
heading: Effective Date of Repeal
text: Repeal 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.
10 U.S.C. § 2351 (ARMED FORCES)
§ 2351. Availability of appropriations
(a) Funds appropriated to the Department of Defense for research and development remain available for obligation for a period of two consecutive years.
(b) Funds appropriated to the Department of Defense for research and development may be used—
(1) for the purposes of section 2353 of this title; and
(2) for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Department of Defense.
(Added Pub. L. 97–258, § 2(b)(3)(B), Sept. 13, 1982, 96 Stat. 1052, § 2361; renumbered § 2351 and amended Pub. L. 100–370, § 1(g)(1), July 19, 1988, 102 Stat. 846.)
heading: Transfer of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1809(b), Jan. 1, 2021, 134 Stat. 4151, 4161, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 207 of this title, as amended by section 1809(a) of Pub. L. 116–283, inserted after the table of sections, and redesignated as section 3131 of this title. See Effective Date of 2021 Amendment note below.
text: Historical and Revision Notes
1982 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2361
31:649c(2).
Aug. 10, 1956, ch. 1041, § 40(2), 70A Stat. 636; Nov. 17, 1971, Pub. L. 92–156, § 201(b), 85 Stat. 424.
The words “Unless otherwise provided in the appropriation Act concerned” are omitted as unnecessary and for consistency. The word “Funds” is substituted for “moneys” for consistency in title 10.
heading: 1988 Act
text: Subsection (a) is based on section 2361 of this title.
Subsection (b) is based on Pub. L. 99–190, § 101(b) [title VIII, § 8015], Dec. 19, 1985, 99 Stat. 1185, 1205.
heading: Prior Provisions
text: A prior section 2351, act Aug. 10, 1956, ch. 1041, 70A Stat. 133, related to policy, plans, and coordination relative to research and development on scientific problems relating to the national security, prior to repeal by Pub. L. 85–599, § 3(d).
heading: Amendments
text: 1988—Pub. L. 100–370 renumbered section 2361 of this title as this section, designated such provisions as subsec. (a), and added subsec. (b).
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 2357 (ARMED FORCES)
§ 2357. Technology protection features activities
(a) Activities.—
The Secretary of Defense shall carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.
(b) Cost-sharing.—
Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.
(c) Definitions.—
In this section:
(1) The term “designated system” means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.
(2) The term “technology protection features” means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.
(Added Pub. L. 115–232, div. A, title II, § 223(a), Aug. 13, 2018, 132 Stat. 1682.)
heading: Transfer of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1841(c), Jan. 1, 2021, 134 Stat. 4151, 4243, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 301 of this title, as added by section 1841(a) of Pub. L. 116–283, added after section 4004 of this title, as transferred and redesignated by section 1841(b) of Pub. L. 116–283, and redesignated as section 4009 of this title. See Effective Date of 2021 Amendment note below.
heading: Prior Provisions
text: A prior section 2357, act Aug. 10, 1956, ch. 1041, 70A Stat. 135, required Secretary of each military department to report to Congress on contracts for research and development, prior to repeal by Pub. L. 101–510, div. A, title XIII, § 1301(11), Nov. 5, 1990, 104 Stat. 1668.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 2360 (ARMED FORCES)
§ 2360. Research and development laboratories: contracts for services of university students
(a) Subject to the availability of appropriations for such purpose, the Secretary of Defense may procure by contract under the authority of this section the temporary or intermittent services of students at institutions of higher learning for the purpose of providing technical support at defense research and development laboratories. Such contracts may be made directly with such students or with nonprofit organizations employing such students.
(b) Students providing services pursuant to a contract made under subsection (a) shall be considered to be employees for the purposes of chapter 81 of title 5, relating to compensation for work injuries, and to be employees of the government for the purposes of chapter 171 of title 28, relating to tort claims. Such students who are not otherwise employed by the Federal Government shall not be considered to be Federal employees for any other purpose.
(c) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall include definitions for the purposes of this section of the terms “student”, “institution of higher learning”, and “nonprofit organization”.
(Added Pub. L. 97–86, title VI, § 603(a), Dec. 1, 1981, 95 Stat. 1110.)
heading: Transfer of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1843(b)(2), Jan. 1, 2021, 134 Stat. 4151, 4245, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to subchapter II of chapter 305 of this title, as added by section 1843(a) of Pub. L. 116–283, inserted after the table of sections at the beginning of such subchapter, and redesignated as section 4112 of this title. See Effective Date of 2021 Amendment note below.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 2371a (ARMED FORCES)
§ 2371a. Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980
The Secretary of Defense, in carrying out research projects through the Defense Advanced Research Projects Agency, and the Secretary of each military department, in carrying out research projects, may permit the director of any federally funded research and development center to enter into cooperative research and development agreements with any person, any agency or instrumentality of the United States, any unit of State or local government, and any other entity under the authority granted by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be transferred to a non-Federal party to such an agreement consistent with the provisions of sections 11 and 12 of such Act (15 U.S.C. 3710, 3710a).
(Added and amended Pub. L. 104–201, div. A, title II, § 267(c)(1)(A), (B), Sept. 23, 1996, 110 Stat. 2468; Pub. L. 105–85, div. A, title X, § 1073(a)(50), Nov. 18, 1997, 111 Stat. 1903.)
heading: Transfer of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1844(b)(1), Jan. 1, 2021, 134 Stat. 4151, 4245, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 307 of this title, as added by section 1844(a) of Pub. L. 116–283, inserted after the table of sections, and redesignated as section 4143 of this title. See Effective Date of 2021 Amendment note below.
heading: Codification
text: The text of section 2371(i) of this title, which was transferred to this section, redesignated as text of section, and amended by Pub. L. 104–201, § 267(c)(1)(A), (B), was based on Pub. L. 103–355, title I, § 1301(b), Oct. 13, 1994, 108 Stat. 3286.
heading: Amendments
text: 1997—Pub. L. 105–85 inserted “Defense” before “Advanced Research Projects Agency”.
1996—Pub. L. 104–201 transferred section 2371(i) of this title to this section, added section catchline, and struck out subsec. (i) designation and heading which read as follows: “Cooperative Research and Development Agreements Under Stevenson-Wydler Technology Innovation Act of 1980”. See Codification note above.
heading: Effective Date of 2021 Amendment
text: 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.
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, telecommunications, 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; Pub. L. 115–232, div. A, title VIII, § 886, Aug. 13, 2018, 132 Stat. 1916.)
heading: Transfer of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1841(b)(1), Jan. 1, 2021, 134 Stat. 4151, 4243, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 301 of this title, as added by section 1841(a) of Pub. L. 116–283, inserted after the table of sections, and redesignated as section 4004 of this title. See Effective Date of 2021 Amendment note below.
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: 2018—Subsec. (a). Pub. L. 115–232 inserted “telecommunications,” after “space-flight,”.
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,”.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 2374 (ARMED FORCES)
§ 2374. Merit-based award of grants for research and development
(a) It is the policy of Congress that an agency named in section 2303(a) of this title should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures.
(b) A provision of law may not be construed as requiring a new grant to be awarded to a specified non-Federal Government entity unless that provision of law—
(1) specifically refers to this subsection;
(2) specifically identifies the particular non-Federal Government entity involved; and
(3) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in subsection (a).
(c) For purposes of this section, a grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a preceding grant.
(d) This section shall not apply with respect to any grant that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 2303(a) of this title and to report on such matters to the Congress or any agency of the Federal Government.
(Added Pub. L. 103–355, title VII, § 7203(a)(2), Oct. 13, 1994, 108 Stat. 3380.)
heading: Transfer of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1841(c), Jan. 1, 2021, 134 Stat. 4151, 4243, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 301 of this title, as added by section 1841(a) of Pub. L. 116–283, added after section 4004 of this title, as transferred and redesignated by section 1841(b) of Pub. L. 116–283, and redesignated as section 4008 of this title. See Effective Date of 2021 Amendment note below.
heading: Effective Date of 2021 Amendment
text: 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
text: For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 2302 of this title.