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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2371
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Stable record: federal_law:legal_authorities:record_usc_321ac92cbce0edaf5ccc650d
Source file: Laws/federal/codes/united-states-code/title-10/section-2371-renumbered-4021--131d857935.md
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Source location: Laws/federal/codes/united-states-code/title-10/section-2371-renumbered-4021--131d857935.md#record-record-usc-321ac92cbce0edaf5ccc650d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall carry out a program to be known as the “Explosive Ordnance Disposal Defense Program” (in this section referred to as the “Program”) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands. **(b) Roles, Responsibilities, and Authorities.—** The plan under subsection (a) shall include provisions under which— (1) the Secretary of Defense shall— (A) assign the responsibility for the direction, coordination, and integration of the Program within the Department of Defense to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict; and (B) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense responsible for providing oversight of the training and technology program that coordinates and integrates joint requirements for explosive ordnance disposal, provides common individual training, and carries out joint research, development, test, and evaluation activities for common tools on behalf of the military departments with respect to explosive ordnance disposal; (2) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall serve as the key individual for the Program responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on Department of Defense explosive ordnance disposal activities; (3) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall coordinate with— (A) the Under Secretary of Defense for Intelligence on
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2284
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense or the Secretary of a military department may engage in basic research, applied research, advanced research, and development projects that— (1) are necessary to the responsibilities of such Secretary’s department in the field of research and development; and (2) either— (A) relate to weapon systems and other military needs; or (B) are of potential interest to the Department of Defense. **(b) Authorized Means.—** The Secretary of Defense or the Secretary of a military department may perform research and development projects— (1) by contract, cooperative agreement, or grant, in accordance with chapter 63 of title 31; (2) through one or more military departments; (3) by using employees and consultants of the Department of Defense; (4) by mutual agreement with the head of any other department or agency of the Federal Government; (5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of this title; or (6) by purchases through procurement for experimental purposes pursuant to [section 4023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4023&num=0&edition=prelim). **(c) Requirement of Potential Department of Defense Interest.—** Funds appropriated to the Department of Defense or to a military department may not be used to finance any research project or study unless the project or study is, in the opinion of the Secretary of Defense or the Secretary of that military department, respectively, of potential interest to the Department of Defense or to such military department, respectively. **(d) Additional Provisions Applicable to Cooperative Agreements.—** Additional authorities, conditions, and requiremen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Additional Forms of Transactions Authorized.—** The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) to use contracts, cooperative agreements, and grants in carrying out such projects. **(b) Exercise of Authority by Secretary of Defense.—** In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or any other element of the Department of Defense that the Secretary may designate. **(c) Advance Payments.—** The authority provided under subsection (a) may be exercised without regard to [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim). **(d) Recovery of Funds.—** (1) A cooperative agreement for performance of basic, applied, or advanced research authorized by [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction. (2) The amount of any payment received by the Federal Government pursuant to a require
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4021
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** (1) Subject to paragraph (2), the Director of the Defense Advanced Research Projects Agency, the Director of the Defense Innovation Unit, the Secretary of a military department, or any other official designated by the Secretary of Defense may, under the authority of [section 4021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4021&num=0&edition=prelim), carry out prototype projects that are directly relevant to enhancing the mission effectiveness of personnel of the Department of Defense or improving platforms, systems, components, or materials proposed to be acquired or developed by the Department of Defense, or to improvement of platforms, systems, components, or materials in use by the armed forces. (2) The authority of this section— (A) may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $100,000,000 but not in excess of $500,000,000 (including all options) only upon a written determination by the head of the contracting activity, or, for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency that— (i) the requirements of subsection (d) will be met; and (ii) the use of the authority of this section is essential to promoting the success of the prototype project; (B) may be exercised for a transaction for a prototype project that is expected to cost the Department of Defense in excess of $500,000,000 (including all options) only if— (i) the senior procurement executive for the agency as designated for the purpose of [section 1702(c) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&ed
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4022
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Department of Defense efforts** (1) **In general** — Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall establish a public-private partnership through which the Secretary shall work to incentivize the formation of one or more consortia of companies (or other such partnerships of private-sector entities, as appropriate) to ensure the development and production of measurably secure microelectronics, including integrated circuits, logic devices, memory, and the packaging and testing practices that support these microelectronic components by the Department of Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such incentives may include the use of grants under [section 4652 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4652&num=0&edition=prelim), and providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities in the United States. (2) **Risk mitigation requirements** — A participant in a consortium formed with incentives under paragraph (1)— (A) shall have the potential to enable design, perform fabrication, assembly, package, or test functions for microelectronics deemed critical to national security as defined by the National Security Advisor and the Secretary of Defense; (B) may be a fabless company migrating its designs to the facility envisioned in paragraph (1) or migrating to an existing facility onshore; (C) may
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4653
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** (1) **In general.—** — The head of an executive agency that engages in basic research, applied research, advanced research, and development projects that are necessary to the responsibilities of the executive agency in the field of research and development and have the potential to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack may exercise the same authority (subject to the same restrictions and conditions) with respect to the research and projects as the Secretary of Defense may exercise under section 2371 11 See References in Text note below. of title 10, except for subsections (b) and (f) of section 2371. (2) **Prototype projects.—** — The head of an executive agency, under the authority of paragraph (1), may carry out prototype projects that meet the requirements of paragraph (1) in accordance with the requirements and conditions provided for carrying out prototype projects under section 845 1 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160, [10 U.S.C. 2371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2371&num=0&edition=prelim) note), including that, to the maximum extent practicable, competitive procedures shall be used when entering into agreements to carry out projects under section 845(a) of that Act and that the period of authority to carry out projects under section 845(a) of that Act terminates as provided in section 845(i) of that Act. (3) **Application of requirements and conditions.—** — In applying the requirements and conditions of section 845 of that Act under this subsection— (A) section 845(c) of that Act shall apply with respect to prototype projects carried out under paragraph (2); and (B) t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1904
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section: (1) **BARDA** — The term “BARDA” means the Biomedical Advanced Research and Development Authority. (2) **Fund** — The term “Fund” means the Biodefense Medical Countermeasure Development Fund established under subsection (d). (3) **Other transactions** — The term “other transactions” means transactions, other than procurement contracts, grants, and cooperative agreements. (4) **Qualified countermeasure** — The term “qualified countermeasure” has the meaning given such term in [section 247d–6a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d-6a&num=0&edition=prelim). (5) **Qualified pandemic or epidemic product** — The term “qualified pandemic or epidemic product” has the meaning given the term in [section 247d–6d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d-6d&num=0&edition=prelim). (6) **Advanced research and development** (A) *In general* — The term “advanced research and development” means, with respect to a product that is or may become a qualified countermeasure or a qualified pandemic or epidemic product, activities that predominantly— (i) are conducted after basic research and preclinical development of the product; and (ii) are related to manufacturing the product on a commercial scale and in a form that satisfies the regulatory requirements under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] or under [section 262 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim). (B) *Activities included* — The term under subparagraph (A)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–7e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** The Secretary is authorized to enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, and to make such payments (in lump sum or installments, and by way of advance or reimbursement) as he may deem to be necessary or appropriate to carry out functions now or hereafter vested in the Secretary. **(b) Limitation on authority; appropriations** Notwithstanding any other provision of this subchapter, no authority to enter into contracts or to make payments under this subchapter shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. **(c) Leasing of excess Department of Energy property** The Secretary may lease, upon terms and conditions the Secretary considers appropriate to promote national security or the public interest, acquired real property and related personal property that— (1) is located at a facility of the Department of Energy to be closed or reconfigured; (2) at the time the lease is entered into, is not needed by the Department of Energy; and (3) is under the control of the Department of Energy. **(d) Terms of lease** (1) A lease entered into under subsection (c) may not be for a term of more than 10 years, except that the Secretary may enter into a lease that includes an option to renew for a term of more than 10 years if the Secretary determines that entering into such a lease will promote the national security or be in the public interest. (2) A lease entered into under subsection (c) may provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is less than the fair market rental value of the leasehold interest. Services relating to
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7256a, 7256b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority** Until September 30, 2024, and subject to subsection (d),11 See References in Text note below. the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities: (1) **In general** — When the Secretary carries out basic, applied, and advanced research and development projects, including the expenditure of funds for such projects, the Secretary may exercise the same authority (subject to the same limitations and conditions) with respect to such research and projects as the Secretary of Defense may exercise under [section 4021 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4021&num=0&edition=prelim) (except for subsections (b) and (f)), after making a determination that the use of a contract, grant, or cooperative agreement for such project is not feasible or appropriate. The annual report required under subsection (b) 1 of this section, as applied to the Secretary by this paragraph, shall be submitted to the President of the Senate and the Speaker of the House of Representatives. (2) **Prototype projects** — The Secretary— (A) may, under the authority of paragraph (1), carry out prototype projects under [section 4022 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4022&num=0&edition=prelim); and (B) in applying the authorities of such section 4022, the Secretary shall perform the functions of the Secretary of Defense as prescribed in such section. **(b) Procurement of temporary and intermittent services** The Secretary may— (1) procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with [section 3109(b) of title 5](https://uscode.house.gov/view.xhtml?req=granulei
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 411
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Federal law — U.S. Code and appendices · legal_authorities
Page 1907 TITLE 10—ARMED FORCES [§ 2378 [§ 2361a. Renumbered § 4142] [§ 2362. Renumbered § 4144] Editorial Notes PRIOR PROVISIONS A prior section 2362, added Pub. L. 99–145, title I, § 123(a)(1), Nov. 8, 1985, 99 Stat. 599; amended Pub. L. 99–433, title I, § 110(g)(4), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284, which re- lated to testing requirements for wheeled or tracked armored vehicles, was repealed by Pub. L. 103–160, div. A, title VIII, § 821(a)(3), Nov. 30, 1993, 107 Stat. 1704. [§ 2363. Renumbered § 4123] Editorial Notes PRIOR PROVISIONS A prior section 2363, added Pub. L. 99–145, title XIV, § 1457(a), Nov. 8, 1985, 99 Stat. 762, related to encourage- ment of technology transfer, prior to repeal by Pub. L. 102–484, div. D, title XLII, §§ 4224(c), 4271(a)(2), Oct. 23, 1992, 106 Stat. 2683, 2695. See section 4832 of this title. [§ 2364. Omitted] Editorial Notes CODIFICATION Section catchline and subsec. (a) were transferred to chapter 301 and redesignated as section 4014 of this title. Subsecs. (b) and (c) were transferred to sub- chapter III of chapter 303 and redesignated as subsecs. (a) and (b), respectively, of section 4125 of this title. [§ 2365. Renumbered § 4066] Editorial Notes PRIOR PROVISIONS A prior section 2365, added Pub. L. 99–500, § 101(c) [title X, § 909(a)(1), formerly § 909(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–142, and Pub. L. 99–591, § 101(c) [title X, § 909(a)(1), formerly § 909(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–142, redesignated § 909(a)(1), Pub. L. 100–26, § 4(b), Apr. 21, 1987, 101 Stat. 274; Pub. L. 99–661, div. A, title IX, formerly title IV, § 909(a)(1), Nov. 14, 1986, 100 Stat. 3921, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2371
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.