§ 4175. Use of test and evaluation installations by commercial entities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1993

   An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes

   Pub. L. 103–160 div. A title VIII § 846(a) · 107 Stat. 1547

   Enacted · 10 U.S.C. § 4175

   Added Pub. L. 103–160, div. A, title VIII, § 846(a), Nov. 30, 1993, 107 Stat. 1722, § 2681

   Source evidence

   Code source credit
   Added Pub. L. 103–160, div. A, title VIII, § 846(a), Nov. 30, 1993, 107 Stat. 1722, § 2681

   Enacted provision · exact public law section
   (a) In General.— Chapter 159 of title 10, United States Code, is amended by inserting after section 2680 the following new section: “§ 2681. 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 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. “(g) Termination of Authority.— The authority provided to the Secretary of Defense by subsection (a) shall terminate on September 30, 1998. “(h) Report.— Not later than January 1, 1998, the Secretary of Defense shall submit to Congress a report describing the number and purposes of contracts entered into under subsection (a) and evaluating the extent to which the authority under this section is exercised to open Major Range and Test Facility Installations to commercial test and evaluation activities.”.

2. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 842(a) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 4175(g)

   Pub. L. 105–85, § 842(a), substituted “2002” for “1998”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 105–85, § 842(a), substituted “2002” for “1998”.

   Enacted provision · exact public law section
   (a) Extension of Authority.— Subsection (g) of section 2681 of title 10, United States Code, is amended by striking out “1998” and inserting in lieu thereof “2002”.

3. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 842(b) · 111 Stat. 1629

   Amended · 10 U.S.C. § 4175(h)

   Pub. L. 105–85, § 842(b), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 105–85, § 842(b), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:

   “(h) Report.—Not later than January 1, 1998, the Secretary of Defense shall submit to Congress a report describing the number and purposes of contracts entered into under subsection (a) and evaluating the extent to which the authority under this section is exercised to open Major Range and Test Facility Installations to commercial test and evaluation activities.”

   Enacted provision · exact public law section
   (b) Revised Reporting Requirement.— Subsection (h) of such section is amended to read as follows: “(h) Report.— Not later than March 1, 1998, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report identifying existing and proposed procedures to ensure that the use of Major Range and Test Facility Installations by commercial entities does not compete with private sector test and evaluation services.”.

4. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 820(a) · 112 Stat. 1920

   Struck · 10 U.S.C. § 4175(g)

   Pub. L. 105–261, § 820(a), struck out heading and text of subsec. (g). Text read as follows: “The authority provided to the Secretary of Defense by subsection (a) shall terminate on September 30, 2002.”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 105–261, § 820(a), struck out heading and text of subsec. (g). Text read as follows: “The authority provided to the Secretary of Defense by subsection (a) shall terminate on September 30, 2002.”

   Enacted provision · exact public law section
   (a) Permanent Authority.— subsection (g) of section 2681 of title 10, United States Code, is repealed.

5. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 820(b) · 112 Stat. 1920

   Struck · 10 U.S.C. § 4175(h)

   Pub. L. 105–261, § 820(b), struck out heading and text of subsec. (h). Text read as follows: “Not later than March 1, 1998, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report identifying existing and proposed procedures to ensure that the use of Major Range and Test Facility Installations by commercial entities does not compete with private sector test and evaluation services.”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 105–261, § 820(b), struck out heading and text of subsec. (h). Text read as follows: “Not later than March 1, 1998, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report identifying existing and proposed procedures to ensure that the use of Major Range and Test Facility Installations by commercial entities does not compete with private sector test and evaluation services.”

   Enacted provision · exact public law section
   (b) Repeal of Executed Reporting Requirement.— subsection (h) of such section is repealed.

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1845(b) · 134 Stat. 3388

   Amended · 10 U.S.C. § 4175

   Pub. L. 116–283, § 1845(b), as amended by Pub. L. 117–81, § 1701(u)(6)(B), renumbered section 2681 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1845(b), as amended by Pub. L. 117–81, § 1701(u)(6)(B), renumbered section 2681 of this title as this section.

   Enacted provision · exact public law section
   (b) Transfer of Title 10 Sections.— Sections 2399, 2366, and 196 of title 10, United States Code, are transferred to chapter 309 of such title, as amended by subsection (a), inserted after the table of sections (in that order), and redesignated as section 4171, 4172, and 4173, respectively.

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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 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.

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1844(b)(1) · 134 Stat. 3388

   Repealed · 10 U.S.C. § 4175

   Pub. L. 116–283, § 1844(b)(1), which directed the renumbering of section 2681 of this title as section 4144 of this title instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(5)(B)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1844(b)(1), which directed the renumbering of section 2681 of this title as section 4144 of this title instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(5)(B).

   Enacted provision · exact public law section
   (1) In general.— The sections of title 10, United States Code, specified in the left-hand column of the table below are transferred to chapter 307 of such title, as added by subsection (a), inserted (in that order), after the table of sections, and redesignated as shown in the right-hand column: SectionRedesignated Section 23534141 2371a4143 26814144 2350l4145 23684146 23674147

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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 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.

7 of 7 references resolved to an enrolled provision