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10 U.S.C. § 4023 — Procurement for experimental purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense and the Secretaries of the military departments may each buy demonstrations, prototypes, products, supplies, parts, accessories, auxiliary services, and design for products or services that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense.
**(b) Procedures.—** Purchases under this section may be made or modified inside or outside the United States and by contract or otherwise. Chapter 137 11 See References in Text note below. of this title applies only when such purchases are made in quantities greater than necessary for prototyping, experimentation, technical evaluation, assessment of operational utility, or safety or to provide a residual operational capability.
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Stable record: federal_law:legal_authorities:record_usc_9f11f1b52d829b2b08447e5f
Source file: Laws/federal/codes/united-states-code/title-10/section-4023-procurement-for-experimental-purposes--63336a88cd.md
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Source location: Title 10, Chapter 301, § 4023; chapter-301-research-and-engineering-generally.md
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**(a) Authority.—** The Secretary of Defense and the Secretaries of the military departments may each buy demonstrations, prototypes, products, supplies, parts, accessories, auxiliary services, and design for products or services that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense.
**(b) Procedures.—** Purchases under this section may be made or modified inside or outside the United States and by contract or otherwise. Chapter 137 11 See References in Text note below. of this title applies only when such purchases are made in quantities greater than necessary for prototyping, experimentation, technical evaluation, assessment of operational utility, or safety or to provide a residual operational capability.
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Federal law — U.S. Code and appendices · legal_authorities
In this part, the term “chapter 137 legacy provisions” means the following sections of this title: sections 3002, 3004, 3011–3015, 3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 4752, and 8751.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3016
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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. § 2373
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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
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act July 15, 1939, ch. 283, 53 Stat. 1042, related to purchase by Secretary of War of equipment for experimental and test purposes. See [section 4023 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4023&num=0&edition=prelim), Armed Forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 96
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Federal law — U.S. Code and appendices · legal_authorities
Page 2628
TITLE 10—ARMED FORCES
§ 4023
Subsec. (a)(3). Pub. L. 115–232, § 211(1)(C), which di-
rected substitution of ‘‘Under Secretaries of Defense’’
for ‘‘Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics’’ in par. (3) of subsec. (a)(2), was
executed by making the substitution in par. (3) of sub-
sec. (a), to reflect the probable intent of Congress.
Subsec. (b)(2). Pub. L. 115–232, § 211(2), inserted ‘‘the
prototype’’ after ‘‘carry out’’.
Subsec. (f)(3) to (5). Pub. L. 115–232, § 211(3), added
pars. (3) and (4) and redesignated former par. (3) as (5).
2017—Subsec. (a)(2)(A). Pub. L. 115–91, § 864(a)(1), (2),
in introductory provisions, substituted ‘‘for a trans-
action (for a prototype project)’’ for ‘‘for a prototype
project’’,
‘‘$100,000,000’’
for
‘‘$50,000,000’’,
and
‘‘$500,000,000’’ for ‘‘$250,000,000’’.
Subsec. (a)(2)(B). Pub. L. 115–91, § 864(a)(1), (3), in in-
troductory provisions, substituted ‘‘for a transaction
(for a prototype project)’’ for ‘‘for a prototype project’’
and ‘‘$500,000,000’’ for ‘‘$250,000,000’’.
Subsec. (d)(1)(A). Pub. L. 115–91, § 216, inserted ‘‘or
nonprofit research institution’’ after ‘‘defense con-
tractor’’.
Subsec. (d)(1)(B). Pub. L. 115–91, § 864(b), inserted ‘‘(in-
cluding small businesses participating in a program de-
scribed under section 9 of the Small Business Act (15
U.S.C. 638))’’ after ‘‘small businesses’’.
Subsec. (d)(1)(C). Pub. L. 115–91, § 864(c), substituted
‘‘provided by sources other than’’ for ‘‘provided by par-
ties to the transaction’’.
Subsec. (f)(1). Pub. L. 115–91, § 864(d), inserted at end
‘‘A transaction includes all individual prototype sub-
projects awarded under the transaction to a consortium
of United States industry and academic institutions.’’
Statutory No
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4023
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