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10 U.S.C. § 4174 — Contracts: acquisition, construction, or furnishing of test facilities and equipment
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A covered contract 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 otherwi
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Source file: Laws/federal/codes/united-states-code/title-10/section-4174-contracts-acquisition-construction-or-furnishing-of-test-facilities-and--8164c64c58.md
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Source location: Title 10, Chapter 307, § 4174; chapter-307-test-and-evaluation.md
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**(a)** A covered contract 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.
**(d)**
(1) In a case in which research, developmental, or test facilities and equipment described in this section are used to support multiple contracts or programs across different military departments, other elements of the Department of Defense, other Federal agencies outside the Department of Defense, or eligible non-Federal entities, a jointly funded project may be established.
(2) Under a jointly funded project, the Secretary of Defense (or the Secretary’s designee) shall enter into a written agreement with each entity participating in the project. Each such agreement shall, at a minimum, address the following:
(A) Cost sharing arrangements, including the proportion of total project costs to be borne by each entity.
(B) Allocation of access to the facilities and equipment, including prioritization procedures in cases of competing demands.
(C) Management and oversight responsibilities, including the designation of a lead agency.
(D) Ownership and intellectual property rights related to the facilities, equipment, and any resulting data or inventions.
(E) Dispute resolution mechanisms.
(3) A non-Federal entity, including a private company, academic institution, or non-profit organization, may participate in a jointly funded project under this subsection only if the Secretary of Defense determines such participation is in the national security interest and consistent with applicable laws and regulations.
(4) The Secretary of Defense shall issue regulations to implement this subsection. Such regulations shall include specific criteria for evaluating proposed jointly funded projects, standardized agreement templates, and procedures for ensuring the transparency and accountability of such projects.
**(e)** This section applies to contracts funded using funds appropriated or otherwise made available for—
(1) research, development, test, and evaluation, including science and technology funds designated as budget activity 1 (basic research), budget activity 2 (applied research), and budget activity 3 (advanced technology development) (as those budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regulation (DOD 7000.14–R)); and
(2) operation and maintenance, to the extent that such funds are used to support activities authorized under this section.
**(f)** In this section, the term “covered contract” means—
(1) a contract of a military department; or
(2) a contract for a jointly funded project as described subsection (d).
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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
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2353
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
(1) procurement of aircraft, missiles, or naval vessels;
(2) any research, development, test, or evaluation, or procurement or production related thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and related support equipment;
(6) military construction;
(7) the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);
unless funds therefor have been specifically authorized by law.
**(b)** In subsection (a)(6), the term “military construction” includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which [section 4174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4174&num=0&edition=prelim) applies), any activity to which [section 2807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2807&num=0&edition=prelim) applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** The Administrator, alone or after consultation with the Secretary of Energy, shall conduct, and encourage, cooperate with, and render financial and other assistance to appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and promote the coordination of, research, investigations, experiments, training, demonstrations, surveys, public education programs, and studies relating to—
(1) any adverse health and welfare effects of the release into the environment of material present in solid waste, and methods to eliminate such effects;
(2) the operation and financing of solid waste management programs;
(3) the planning, implementation, and operation of resource recovery and resource conservation systems and hazardous waste management systems, including the marketing of recovered resources;
(4) the production of usable forms of recovered resources, including fuel, from solid waste;
(5) the reduction of the amount of such waste and unsalvageable waste materials;
(6) the development and application of new and improved methods of collecting and disposing of solid waste and processing and recovering materials and energy from solid wastes;
(7) the identification of solid waste components and potential materials and energy recoverable from such waste components;
(8) small scale and low technology solid waste management systems, including but not limited to, resource recovery source separation systems;
(9) methods to improve the performance characteristics of resources recovered from solid waste and the relationship of such performance characteristics to available and potentially available markets for such resources;
(10) improv
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6981
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Research programs; grants; contracts; pilot and demonstration plants; byproducts research** The Administrator shall give special emphasis to research and development into new and improved methods, having industry-wide application, for the prevention and control of air pollution resulting from the combustion of fuels. In furtherance of such research and development he shall—
(1) conduct and accelerate research programs directed toward development of improved, cost-effective techniques for—
(A) control of combustion byproducts of fuels,
(B) removal of potential air pollutants from fuels prior to combustion,
(C) control of emissions from the evaporation of fuels,
(D) improving the efficiency of fuels combustion so as to decrease atmospheric emissions, and
(E) producing synthetic or new fuels which, when used, result in decreased atmospheric emissions.11 So in original. The period probably should be a semicolon.
(2) provide for Federal grants to public or nonprofit agencies, institutions, and organizations and to individuals, and contracts with public or private agencies, institutions, or persons, for payment of (A) part of the cost of acquiring, constructing, or otherwise securing for research and development purposes, new or improved devices or methods having industrywide application of preventing or controlling discharges into the air of various types of pollutants; (B) part of the cost of programs to develop low emission alternatives to the present internal combustion engine; (C) the cost to purchase vehicles and vehicle engines, or portions thereof, for research, development, and testing purposes; and (D) carrying out the other provisions of this section, without regard to section 3324(a) and (b) of title 31 and [section 6101 of title 41](https:/
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Federal law — U.S. Code and appendices · legal_authorities
Page 2691
TITLE 10—ARMED FORCES
§ 4174
described in section 139(i) of this title’’ after ‘‘Depart-
ment of Defense’’.
Subsec. (e)(1). Pub. L. 108–136, § 212(b)(2), struck out
‘‘, the Director of Operational Test and Evaluation,’’
after ‘‘each military department’’ and substituted ‘‘or
Defense Agency head’s’’ for ‘‘, Director’s, or head’s’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) of Pub. L. 117–81, set
out in a note preceding section 3001 of this title and
note below.
Amendment by section 1845(b) of Pub. L. 116–283 effec-
tive 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 pre-
ceding section 3001 of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective Dec. 31, 2021, of provisions
in subsecs. (d)(1), (4) and (e)(3) of this section requiring
submittal of report to Congress, see section 1061 of Pub.
L. 114–328, set out as a note under section 111 of this
title.
PROTECTION OF MAJOR RANGE AND TEST FACILITY
BASE
Pub. L. 117–81, div. A, title XVI, § 1686, Dec. 27, 2021,
135 Stat. 2126, provided that: ‘‘The Secretary of Defense
may authorize, consistent with the authorities of the
Secretary, such actions as are necessary to mitigate
threats posed by space-based assets to the security or
operation of the Major Range and Test Facility Base
(as defined in section 196(i) of title 10, United States
Code) [now 10 U.S.C. 4173(j)].’’
§ 4174. Contracts: acquisition, construction, or
furnishing of test facilities and equipment
(a) A contract of a mi
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4174
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