dreamproit/uscode huggingface dataset:
10 U.S.C. § 4141 (ARMED FORCES)
§ 4141. Contracts: acquisition, construction, or furnishing of test facilities and equipment
(a) A contract of a military department for research or development, or both, may provide for the acquisition or construction by, or furnishing to, the contractor, of research, developmental, or test facilities and equipment that the Secretary of the military department concerned determines to be necessary for the performance of the contract. The acquisition or construction of these research, developmental, or test facilities shall be subject to the cost principles applicable to allowable contract expenses. The facilities and equipment, and specialized housing for them, may be acquired or constructed at the expense of the United States, and may be lent or leased to the contractor with or without reimbursement, or may be sold to him at fair value. This subsection does not authorize new construction or improvements having general utility. The Secretary of Defense and the Secretaries of the military departments shall promulgate regulations necessary to give full force and effect to this section.
(b) Facilities that would not be readily removable or separable without unreasonable expense or unreasonable loss of value may not be installed or constructed under this section on property not owned by the United States, unless the contract contains—
(1) a provision for reimbursing the United States for the fair value of the facilities at the completion or termination of the contract or within a reasonable time thereafter;
(2) an option in the United States to acquire the underlying land; or
(3) an alternative provision that the Secretary concerned considers to be adequate to protect the interests of the United States in the facilities.
(c) Proceeds of sales or reimbursements under this section shall be paid into the Treasury as miscellaneous receipts, except to the extent otherwise authorized by law with respect to property acquired by the contractor.
(Aug. 10, 1956, ch. 1041, 70A Stat. 134, § 2353; Pub. L. 115–232, div. B, title XXVIII, § 2801, Aug. 13, 2018, 132 Stat. 2260; renumbered § 4141, Pub. L. 116–283, div. A, title XVIII, § 1844(b)(1), Jan. 1, 2021, 134 Stat. 4245.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2353 of this title as this section.
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. § 4143 (ARMED FORCES)
§ 4143. 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, § 2371a; Pub. L. 105–85, div. A, title X, § 1073(a)(50), Nov. 18, 1997, 111 Stat. 1903; renumbered § 4143, Pub. L. 116–283, div. A, title XVIII, § 1844(b)(1), Jan. 1, 2021, 134 Stat. 4245.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2371a of this title as this section.
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. § 4147 (ARMED FORCES)
§ 4147. Use of federally funded research and development centers
(a) Limitation on Use of Centers.—
Except as provided in subsection (b), the Secretary of Defense may not place work with a federally funded research and development center unless such work is within the purpose, mission, and general scope of effort of such center as established in the sponsoring agreement of the Department of Defense with such center.
(b) Exception for Applied Scientific Research.—
This section does not apply to a federally funded research and development center that performs applied scientific research under laboratory conditions.
(c) Limitation on Creation of New Centers.—
(1) The head of an agency may not obligate or expend amounts appropriated to the Department of Defense for purposes of operating a federally funded research center that was not in existence before June 2, 1986, until—
(A) the head of the agency submits to Congress a report with respect to such center that describes the purpose, mission, and general scope of effort of the center; and
(B) a period of 60 days beginning on the date such report is received by Congress has elapsed.
(2) In this subsection, the term “head of an agency” has the meaning given such term in section 3004 of this title.
(d) Identification to Congress of FFRDC Workload Effort.—
After the close of a fiscal year, and not later than January 1 of the next year, the Secretary shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report setting forth the actual obligations and the actual man-years of effort expended at each federally funded research and development center during that fiscal year.
(Added Pub. L. 99–500, § 101(c) [title X, § 912(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–146, and Pub. L. 99–591, § 101(c) [title X, § 912(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–146, § 2367; Pub. L. 99–661, div. A, title IX, formerly title IV, § 912(a)(1), Nov. 14, 1986, 100 Stat. 3925, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 102–190, div. A, title II, § 256(a)(1), Dec. 5, 1991, 105 Stat. 1330; Pub. L. 104–106, div. A, title XV, § 1502(a)(9), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–314, div. A, title X, § 1041(a)(12), Dec. 2, 2002, 116 Stat. 2645; renumbered § 4147 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1844(b)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4245, 4294.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1844(b)(1), renumbered section 2367 of this title as this section.
Subsec. (c)(2). Pub. L. 116–283, § 1883(b)(2), substituted “section 3004” for “section 2302(1)”.
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. § 4232 (ARMED FORCES)
§ 4232. Prohibition on use of lowest price technically acceptable source selection process
(a) In General.—
The Department of Defense shall not use a lowest price technically acceptable source selection process for the engineering and manufacturing development contract of a major defense acquisition program.
(b) Definitions.—
In this section:
(1) Lowest price technically acceptable source selection process.—
The term “lowest price technically acceptable source selection process” has the meaning given that term in part 15 of the Federal Acquisition Regulation.
(2) Engineering and manufacturing development contract.—
The term “engineering and manufacturing development contract” means a prime contract for the engineering and manufacturing development of a major defense acquisition program.
(Added Pub. L. 115–91, div. A, title VIII, § 832(a)(1), Dec. 12, 2017, 131 Stat. 1468, § 2442; renumbered § 4232 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(c)(2), Jan. 1, 2021, 134 Stat. 4254.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2442 of this title as this section and, in subsec. (b), redesignated par. (3) as (2) and struck out former par. (2) which defined “major defense acquisition program”.
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. § 4236 (ARMED FORCES)
§ 4236. Negotiation of price for technical data before development, production, or sustainment of major weapon systems
The Secretary of Defense shall ensure, to the maximum extent practicable, that the Department of Defense, before selecting a contractor for the engineering and manufacturing development of a major weapon system, production of a major weapon system, or sustainment of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development, production, or sustainment.
(Added Pub. L. 115–91, div. A, title VIII, § 835(a)(1), Dec. 12, 2017, 131 Stat. 1471, § 2439; amended Pub. L. 115–232, div. A, title VIII, § 867, Aug. 13, 2018, 132 Stat. 1901; renumbered § 4236, Pub. L. 116–283, div. A, title XVIII, § 1847(c)(3), Jan. 1, 2021, 134 Stat. 4254.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2439 of this title as this section.
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. § 4271 (ARMED FORCES)
§ 4271. 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 designated milestone decision authority for the program shall ensure, by establishing the goals described in paragraph (2), that the program 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) Definitions.—
In this section:
(1) The term “procurement unit cost” has the meaning provided in section 4351(2) of this title.
(2) The term “initial capabilities document” has the meaning provided in section 4251(d)(1) of this title.
(Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2260, § 2448a; amended Pub. L. 115–232, div. A, title VIII, § 831(a), Aug. 13, 2018, 132 Stat. 1857; renumbered § 4271 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(e)(1), Jan. 1, 2021, 134 Stat. 4256.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1847(e)(1), renumbered section 2448a of this title as the section.
Subsec. (b)(1). Pub. L. 116–283, § 1847(e)(1)(A), substituted “section 4351(2)” for “section 2432(a)(2)”.
Subsec. (b)(2). Pub. L. 116–283, § 1847(e)(1)(B), substituted “section 4251(d)(1)” for “section 2366a(d)(2)”.
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. § 4272 (ARMED FORCES)
§ 4272. Independent technical risk assessments
(a) In General.—
With respect to a major defense acquisition program, the Secretary of Defense shall conduct or approve independent technical risk assessments—
(1) before any decision to grant Milestone A approval for the program pursuant to section 4251 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 4252 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) Guidance.—
The Secretary shall issue guidance and a framework for the conduct, execution, and approval of independent technical risk assessments.
(Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2261, § 2448b; amended Pub. L. 116–92, div. A, title IX, § 902(73), Dec. 20, 2019, 133 Stat. 1552; renumbered § 4272 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(e)(2), Jan. 1, 2021, 134 Stat. 4256.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1847(e)(2), renumbered section 2448b of this title as this section.
Subsec. (a)(1). Pub. L. 116–283, § 1847(e)(2)(A), substituted “section 4251” for “section 2366a”.
Subsec. (a)(2). Pub. L. 116–283, § 1847(e)(2)(B), substituted “section 4252” for “section 2366b”.
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. § 4292 (ARMED FORCES)
§ 4292. Contracts: limitations on lead system integrators
(a) In General.—
Except as provided in subsection (b), no entity performing lead system integrator functions in the acquisition of a major system by the Department of Defense may have any direct financial interest in the development or construction of any individual system or element of any system of systems.
(b) Exception.—
An entity described in subsection (a) may have a direct financial interest in the development or construction of an individual system or element of a system of systems if—
(1) the Secretary of Defense certifies to the Committees on Armed Services of the Senate and the House of Representatives that—
(A) the entity was selected by the Department of Defense as a contractor to develop or construct the system or element concerned through the use of competitive procedures; and
(B) the Department took appropriate steps to prevent any organizational conflict of interest in the selection process; or
(2) the entity was selected by a subcontractor to serve as a lower-tier subcontractor, through a process over which the entity exercised no control.
(c) Construction.—
Nothing in this section shall be construed to preclude an entity described in subsection (a) from performing work necessary to integrate two or more individual systems or elements of a system of systems with each other.
(Added Pub. L. 109–364, div. A, title VIII, § 807(a)(1), Oct. 17, 2006, 120 Stat. 2315, § 2410p; renumbered § 4292, Pub. L. 116–283, div. A, title XVIII, § 1847(f)(1), Jan. 1, 2021, 134 Stat. 4258.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2410p of this title as this section.
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. § 4350 (ARMED FORCES)
§ 4350. Selected acquisition reports: termination
The requirements under this chapter shall terminate after the final submission covering fiscal year 2021.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1849(a), (b), Jan. 1, 2021, 134 Stat. 4259.)
heading: Codification
text: The text of subsec. (j) of section 2432 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1849(b), was based on Pub. L. 116–92, div. A, title VIII, § 830(a)(2), Dec. 20, 2019, 133 Stat. 1492.
heading: Prior Provisions
text: A prior section 4350 was renumbered section 7450 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1849(b), transferred subsec. (j) of section 2432 of this title to this section, struck out the subsec. designation and heading, and substituted “this chapter” for “this section”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 4354 (ARMED FORCES)
§ 4354. Selected acquisition reports for 2d, 3d, and 4th quarters
(a) Contingent Required Content.—
Each Selected Acquisition Report for the second, third, and fourth quarters of a fiscal year shall include—
(1) with respect to each major defense acquisition program that was included in the most recent comprehensive annual Selected Acquisition Report, the information described in section 4355 of this title; and
(2) with respect to each major defense acquisition program that was not included in the most recent comprehensive annual Selected Acquisition Report, the information described in section 4353 of this title.
(b) Reference to 2d, 3d, and 4th Quarters SARS as Quarterly SARS.—
Selected Acquisition Reports for the second, third, and fourth quarters of a fiscal year shall be known as Quarterly Selected Acquisition Reports.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1849(a), (f), Jan. 1, 2021, 134 Stat. 4259, 4262.)
heading: Codification
text: The text of subsec. (d) of section 2432 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1849(f)(1), was based on Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 739, § 139a; renumbered § 2432, Pub. L. 99–433, title I, § 101(a)(5), Oct. 1, 1986, 100 Stat. 995; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175.
heading: Prior Provisions
text: A prior section 4354 was renumbered section 7454 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1849(f)(1), (2)(A), transferred subsec. (d) of section 2432 of this title to this section, struck out subsec. designation, and redesignated pars. (1) and (2) as subsecs. (a) and (b), respectively.
Subsec. (a). Pub. L. 116–283, § 1849(f)(2)(B)(i), (ii), inserted heading and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.
Subsec. (a)(1). Pub. L. 116–283, § 1849(f)(2)(B)(iii), substituted “section 4355 of this title” for “subsection (e)”.
Subsec. (a)(2). Pub. L. 116–283, § 1849(f)(2)(B)(iv), substituted “section 4353 of this title” for “subsection (c)”.
Subsec. (b). Pub. L. 116–283, § 1849(f)(2)(C), inserted heading.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 4355 (ARMED FORCES)
§ 4355. Selected acquisition reports: quarterly SAR report content
Information to be included under this subsection in a Quarterly Selected Acquisition Report with respect to a major defense acquisition program is as follows:
(1) The quantity of items to be purchased under the program.
(2) The program acquisition cost.
(3) The program acquisition unit cost for the program (or for each designated major subprogram under the program).
(4) The current procurement cost for the program.
(5) The current procurement unit cost for the program (or for each designated major subprogram under the program).
(6) The reasons for any change in program acquisition cost, program acquisition unit cost, procurement cost, or procurement unit cost or in program schedule from the previous Selected Acquisition Report.
(7) The reasons for any significant changes (from the previous Selected Acquisition Report) in the total program cost for development and procurement of the software component of the program or subprogram, schedule milestones for the software component of the program or subprogram, or expected performance for the software component of the program or subprogram that are known, expected, or anticipated by the program manager.
(8) The major contracts under the program and designated major subprograms under the program and the reasons for any cost or schedule variances under those contracts since the last Selected Acquisition Report.
(9) Program highlights since the last Selected Acquisition Report.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1849(a), (g), Jan. 1, 2021, 134 Stat. 4259, 4263.)
heading: Codification
text: The text of subsec. (e) of section 2432 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1849(g), was based on Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 739, § 139a; renumbered § 2432, Pub. L. 99–433, title I, § 101(a)(5), Oct. 1, 1986, 100 Stat. 995; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 104–201, div. A, title VIII, § 806(2), Sept. 23, 1996, 110 Stat. 2606; Pub. L. 108–375, div. A, title VIII, § 801(b)(2), Oct. 28, 2004, 118 Stat. 2004; Pub. L. 109–364, div. A, title X, § 1071(g)(10), Oct. 17, 2006, 120 Stat. 2402; Pub. L. 110–417, [div. A], title VIII, § 811(b)(3), Oct. 14, 2008, 122 Stat. 4521.
heading: Prior Provisions
text: A prior section 4355 was renumbered section 7455 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1849(g), transferred subsec. (e) of section 2432 of this title to this section and struck out subsec. designation.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.