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10 U.S.C. § 4175 — Use of test and evaluation installations by commercial entities

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

10 U.S.C. § 4175 — Use of test and evaluation installations by commercial entities

**(a) Contract Authority.—** The Secretary of Defense may enter into contracts with commercial entities that desire to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation. **(b) Termination or Limitation of Contract Under Certain Circumstances.—** A contract entered into under subsection (a) shall contain a provision that the Secretary of Defense may terminate, prohibit, or suspend immediately any commercial test or evaluation activity to be conducted at the Major Range and Test Facility Installation under the contract if the Secretary of Defense certifies in writing that the test or evaluation activity is or would be detrimental— (1) to the public health and safety; (2) to property (either public or private); or (3) to any national security interest or foreign policy interest of the United States. **(c) Contract Price.—** A contract entered into under subsection (a) shall include a provision that requires a commercial entity using a Major Range and Test Facility Installation under the contract to reimburse the Department of Defense for all direct costs to the United States that are associated with the test and evaluation activities conducted by the commercial entity under the contract. In addition, the contract may include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs related to the use of the installation as the Secretary of Defense considers to be appropriate. The Secretary may delegate to the commander of the Major Range and Test Facility Installation the authority to determine the appropriateness of the amount of indirect costs included in such a contract provision. **(d) Retention of Funds Collected From Commercial Users.—** Amounts collected under

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Stable record: federal_law:legal_authorities:record_usc_ad5897aeaecc42bb79a4772c
Source file: Laws/federal/codes/united-states-code/title-10/section-4175-use-of-test-and-evaluation-installations-by-commercial-entities--bc4b9b601f.md
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Source location: Title 10, Chapter 307, § 4175; chapter-307-test-and-evaluation.md

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**(a) Contract Authority.—** The Secretary of Defense may enter into contracts with commercial entities that desire to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation. **(b) Termination or Limitation of Contract Under Certain Circumstances.—** A contract entered into under subsection (a) shall contain a provision that the Secretary of Defense may terminate, prohibit, or suspend immediately any commercial test or evaluation activity to be conducted at the Major Range and Test Facility Installation under the contract if the Secretary of Defense certifies in writing that the test or evaluation activity is or would be detrimental— (1) to the public health and safety; (2) to property (either public or private); or (3) to any national security interest or foreign policy interest of the United States. **(c) Contract Price.—** A contract entered into under subsection (a) shall include a provision that requires a commercial entity using a Major Range and Test Facility Installation under the contract to reimburse the Department of Defense for all direct costs to the United States that are associated with the test and evaluation activities conducted by the commercial entity under the contract. In addition, the contract may include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs related to the use of the installation as the Secretary of Defense considers to be appropriate. The Secretary may delegate to the commander of the Major Range and Test Facility Installation the authority to determine the appropriateness of the amount of indirect costs included in such a contract provision. **(d) Retention of Funds Collected From Commercial Users.—** Amounts collected under subsection (c) from a commercial entity conducting test and evaluation activities at a Major Range and Test Facility Installation shall be credited to the appropriation accounts under which the costs associated with the test and evaluation activities of the commercial entity were incurred. **(e) Regulations and Limitations.—** The Secretary of Defense shall prescribe regulations to carry out this section. **(f) Definitions.—** In this section: (1) The term “Major Range and Test Facility Installation” means a test and evaluation installation under the jurisdiction of the Department of Defense and designated as a Major Range and Test Facility Installation by the Secretary. (2) The term “direct costs” includes the cost of— (A) labor, material, facilities, utilities, equipment, supplies, and any other resources damaged or consumed during test or evaluation activities or maintained for a particular commercial entity; and (B) construction specifically performed for a commercial entity to conduct test and evaluation activities.

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

10 U.S.C. § 4144 — Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education

**(a) Program Established.—** (1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department in defense-related research, development, testing, and evaluation activities. (2) The Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering. **(b) Program Objective.—** The objective of the program established by subsection (a)(1) is to enhance defense-related research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— (1) enhance the research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary; (2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense; (3) increase the number of graduates from such institutions engaged in disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and (4) encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry. **(c) Assistance Provided.—** Under the program established by subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical ass

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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

10 U.S.C. § 2681 — Renumbered § 4175]

### Statutory Notes #### Prior Provisions A prior section 2681, added Pub. L. 87–651, title II, § 209(a), Sept. 7, 1962, 76 Stat. 523; amended Pub. L. 88–174, title V, § 508, Nov. 7, 1963, 77 Stat. 326; Pub. L. 96–513, title V, § 511(93), Dec. 12, 1980, 94 Stat. 2928, related to construction or acquisition of family housing and community facilities in foreign countries, prior to repeal by Pub. L. 97–214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date.

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

10 U.S.C. § 4175 — Use of test and evaluation installations by

Page 2692 TITLE 10—ARMED FORCES § 4175 out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective 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 preceding section 3001 of this title. LIMITATIONS ON MODIFICATIONS OF CERTAIN GOVERN- MENT-FURNISHED EQUIPMENT; ONE-TIME AUTHORITY TO TRANSFER A CERTAIN MILITARY PROTOTYPE Pub. L. 111–84, div. A, title X, § 1043, Oct. 28, 2009, 123 Stat. 2456, as amended by Pub. L. 111–383, div. A, title X, § 1075(d)(12), Jan. 7, 2011, 124 Stat. 4373, provided that: ‘‘(a) LIMITATION.—An article of military equipment that is an end item of a major weapon system may not be furnished or transferred to a private entity for the conduct of research, development, test and evaluation under contractual agreement with the Department of Defense, if such research, development, test, and eval- uation necessitates significantly modifying the mili- tary equipment, until the senior acquisition official of a military department, or his designee, submits to the congressional defense committees certification in writ- ing— ‘‘(1) that the modification of such article of mili- tary equipment is necessary to execute the contrac- tual scope of work and there is no suitable alter- native to modifying such article; ‘‘(2) that the research, development, test, and eval- uation effort is of sufficient interest to the military department to warrant the modification of such arti- cle of military equipment; ‘‘(3) that— ‘‘(A) prior to the end of the period of performance of such a contractual agreement, the article of military equipment will be restored to its original condition; or ‘‘(B) it i

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4175

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