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10 U.S.C. § 4293 — Major defense acquisition programs: incentive program for contractors to purchase capital assets manufactured in United States
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Incentive Program.—** The Secretary of Defense shall plan and establish an incentive program in accordance with this section for contractors to purchase capital assets manufactured in the United States in part with funds available to the Department of Defense.
**(b) Defense Industrial Capabilities Fund May Be Used.—** The Secretary of Defense may use the Defense Industrial Capabilities Fund, established under section 814 of the National Defense Authorization Act for Fiscal Year 2004, for incentive payments under the program established under this section.
**(c) Applicability to Major Defense Acquisition Program Contracts.—** The incentive program shall apply to contracts for the procurement of a major defense acquisition program.
**(d) Consideration.—** The Secretary of Defense shall provide consideration in source selection in any request for proposals for a major defense acquisition program for offerors with eligible capital assets.
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Stable record: federal_law:legal_authorities:record_usc_4acf4bb1b72e96a4fef18f21
Source file: Laws/federal/codes/united-states-code/title-10/section-4293-major-defense-acquisition-programs-incentive-program-for-contractors-to--97f43e205e.md
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Source location: Title 10, Chapter 322, § 4293; chapter-322-major-systems-and-major-defense-acquisition-programs-generally.md
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**(a) Establishment of Incentive Program.—** The Secretary of Defense shall plan and establish an incentive program in accordance with this section for contractors to purchase capital assets manufactured in the United States in part with funds available to the Department of Defense.
**(b) Defense Industrial Capabilities Fund May Be Used.—** The Secretary of Defense may use the Defense Industrial Capabilities Fund, established under section 814 of the National Defense Authorization Act for Fiscal Year 2004, for incentive payments under the program established under this section.
**(c) Applicability to Major Defense Acquisition Program Contracts.—** The incentive program shall apply to contracts for the procurement of a major defense acquisition program.
**(d) Consideration.—** The Secretary of Defense shall provide consideration in source selection in any request for proposals for a major defense acquisition program for offerors with eligible capital assets.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2436, added Pub. L. 99–500, § 101(c) [title X, § 905(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–134, and Pub. L. 99–591, § 101(c) [title X, § 905(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–134; Pub. L. 99–661, div. A, title IX, formerly title IV, § 905(a)(1), Nov. 14, 1986, 100 Stat. 3914; renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100–26, § 7(b)(7), Apr. 21, 1987, 101 Stat. 280; Pub. L. 100–180, div. A, title VIII, § 803(c), title XII, § 1231(14), Dec. 4, 1987, 101 Stat. 1125, 1160; Pub. L. 101–510, div. A, title XIV, § 1484(h)(4), Nov. 5, 1990, 104 Stat. 1718, related to establishment and conduct of the defense enterprise program, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(5), Nov. 30, 1993, 107 Stat. 1704.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2436
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Ranges Available.—** All rifle ranges constructed in whole or in part with funds provided by the United States may be used by members of the armed forces and by persons capable of bearing arms.
**(b) Military Ranges.—**
(1) In the case of a rifle range referred to in subsection (a) that is located on a military installation, the Secretary concerned may establish reasonable fees for the use by civilians of that rifle range to cover the material and supply costs incurred by the armed forces to make that rifle range available to civilians.
(2) Fees collected pursuant to paragraph (1) in connection with the use of a rifle range shall be credited to the appropriation available for the operation and maintenance of that rifle range and shall be available for the operation and maintenance of that rifle range.
(3) Use of a rifle range referred to in paragraph (1) by civilians may not interfere with the use of the range by members of the armed forces.
**(c) Regulations.—** Regulations to carry out this section with respect to a rifle range shall be prescribed, subject to the approval of the Secretary concerned, by the authorities controlling the rifle range.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7409
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National Security Strategy for National Technology and Industrial Base.—** The Secretary of Defense shall develop a national security strategy for the national technology and industrial base. The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under [section 4814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4814&num=0&edition=prelim). Such strategy shall be based on a prioritized assessment of risks and challenges to the defense supply chain and shall ensure that the national technology and industrial base is capable of achieving the following national security objectives:
(1) Supplying, equipping, and supporting the force structure of the armed forces that is necessary to achieve—
(A) the objectives set forth in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 ([50 U.S.C. 3043](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3043&num=0&edition=prelim));
(B) the policy guidance of the Secretary of Defense provided pursuant to [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim); and
(C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim).
(2) Sustaining production, maintenance, repair, logistics, and other activities in support of military operations of various durations and intensity.
(3) Maintaining advanced research and development activities to provide the armed forces with systems capable of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4811
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Federal law — U.S. Code and appendices · legal_authorities
Page 2731
TITLE 10—ARMED FORCES
§ 4293
over the shortest period of time consistent with the
interest of the national defense;
‘‘(C) may not be delegated below the level of the
Under Secretary of Defense for Acquisition and
Sustainment; and
‘‘(D) shall be provided to the Committees on
Armed Services of the Senate and the House of Rep-
resentatives at least 45 days before the award of a
contract pursuant to the determination.
‘‘(b) ACQUISITION WORKFORCE.—
‘‘(1) REQUIREMENT.—The Secretary of Defense shall
ensure that the acquisition workforce is of the appro-
priate size and skill level necessary—
‘‘(A) to accomplish inherently governmental
functions related to acquisition of major systems;
and
‘‘(B) to effectuate the purpose of subsection (a) to
minimize and eventually eliminate the use of con-
tractors to perform lead systems integrator func-
tions.
‘‘(2) REPORT.—The Secretary shall include an up-
date on the progress made in complying with para-
graph (1) in the annual report required by section 820
of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat.
2330) [former 10 U.S.C. 1701 note].
‘‘(c) EXCEPTION FOR CONTRACTS FOR OTHER MANAGE-
MENT SERVICES.—The Department of Defense may con-
tinue to award contracts for the procurement of serv-
ices the primary purpose of which is to perform acquisi-
tion support functions with respect to the development
or production of a major system, if the following condi-
tions are met with respect to each such contract:
‘‘(1) The contract prohibits the contractor from per-
forming inherently governmental functions.
‘‘(2) The Department of Defense organization re-
sponsible for the development or production of the
major system ensures that Federal employees are re-
s
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4293
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