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10 U.S.C. § 8755 — Disclosures for offerors for certain shipbuilding major defense acquisition program contracts

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8755 — 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 intellec

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Stable record: federal_law:legal_authorities:record_usc_5f93fa08840cb30bae7c4c04
Source file: Laws/federal/codes/united-states-code/title-10/section-8755-disclosures-for-offerors-for-certain-shipbuilding-major-defense-acquisit--73bdcaf5fc.md
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Source location: Title 10, Chapter 873, § 8755; chapter-873-procurement-of-supplies-and-services.md

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**(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 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4201 — Major defense acquisition programs: definition; exceptions

**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and— (1) that is designated by the Secretary of Defense as a major defense acquisition program; or (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require— (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or (B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars). **(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following: (1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim). (2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4027 — Disclosure requirements for recipients of research and development funds

**(a) In General.—** Except as provided in subsections (b) and (c), an individual or entity (including a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities. **(b) Exception.—** The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 characters. **(c) Waiver.—** The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis. **(d) Public Document Defined.—** In this section, the term “public document” means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9285 — Medal of honor: presentation of Medal of Honor Flag

The President shall provide for the presentation of the Medal of Honor Flag designated under [section 903 of title 36](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section903&num=0&edition=prelim) to each person to whom a medal of honor is awarded under [section 9271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9271&num=0&edition=prelim). Presentation of the flag shall be made at the same time as the presentation of the medal under section 9271 or 9282(a) of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9286 — Korea Defense Service Medal

**(a)** The Secretary of the Air Force shall issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who while a member of the Air Force or the Space Force served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c). **(b)** In this section, the term “KDSM eligibility period” means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal. **(c)** The Secretary of the Air Force shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8755 — Disclosures for offerors for certain ship-

Page 3379 TITLE 10—ARMED FORCES § 8755 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY MARITIME MINE COUNTERMEASURES PLATFORMS Pub. L. 117–263, div. A, title III, § 393, Dec. 23, 2022, 136 Stat. 2550, provided that: ‘‘(a) PROHIBITION.—Except as provided in subsection (b), the Secretary of the Navy may not obligate or ex- pend funds to discontinue or prepare to discontinue, in- cluding by making a substantive reduction in training and operational employment, any element of the Ma- rine Mammal Program of the Navy, that has been used, or is currently being used, for— ‘‘(1) port security at Navy bases, known as Mark-6 systems; or ‘‘(2) mine search capabilities, known as Mark-7 sys- tems. ‘‘(b) WAIVER.—The Secretary of the Navy may waive the prohibition under subsection (a) if the Secretary, with the concurrence of the Director of Operational Test and Evaluation, certifies in writing to the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that the Secretary has— ‘‘(1) identified a replacement capability and the necessary quantity of such capability to meet all operational requirements currently being met by the Marine Mammal Program, including a detailed expla- nation of such capability and quantity; ‘‘(2) achieved initial operational capability of all capabilities referred to in paragraph (1), including a detailed explanation of such achievement; and

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