10 U.S.C. § 4174
10 U.S.C. § 4174
| HISTORICAL AND REVISION NOTE | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2353(a) | 5:235e (1st sentence; and 2d sentence, less 2d and last provisos).5:475j (1st sentence; and 2d sentence, less 2d and last provisos). | July 16, 1952, ch. 882, §4 (less 3d and last sentences), 66 Stat. 725. |
| 5:628e (1st sentence; and 2d sentence, less 2d and last provisos). | ||
| 2353(b) | 5:235e (2d proviso of 2d sentence). | |
| 5:475j (2d proviso of 2d sentence). | ||
| 5:628e (2d proviso of 2d sentence). | ||
| 2353(c) | 5:235e (last proviso of 2d sentence). | |
| 5:475j (last proviso of 2d sentence). | ||
| 5:628e (last proviso of 2d sentence). | ||
EDITORIAL NOTES
AMENDMENTS2021- Pub. L. 116-283, §1845(b), as amended by Pub. L. 117-81, §1701(u)(6)(B), renumbered section 2353 of this title as this section. Pub. L. 116-283, §1844(b)(1), which directed the renumbering of section 2353 of this title as section 4141 instead of this section, was repealed by Pub. L. 117-81, §1701(u)(5)(B) .2018-Subsec. (a). Pub. L. 115-232 inserted after first sentence "The acquisition or construction of these research, developmental, or test facilities shall be subject to the cost principles applicable to allowable contract expenses." and at end "The Secretary of Defense and the Secretaries of the military departments shall promulgate regulations necessary to give full force and effect to this section."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT 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.
LIMITATIONS ON MODIFICATIONS OF CERTAIN GOVERNMENT-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 evaluation necessitates significantly modifying the military equipment, until the senior acquisition official of a military department, or his designee, submits to the congressional defense committees certification in writing-"(1) that the modification of such article of military equipment is necessary to execute the contractual scope of work and there is no suitable alternative to modifying such article; "(2) that the research, development, test, and evaluation effort is of sufficient interest to the military department to warrant the modification of such article 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 is not necessary to restore the article of military equipment to its original condition because the military department intends to dispose of the equipment or operate the equipment in its modified form."(4) that the private entity has sufficient resources and capability to fully perform the contractual research, development, test, and evaluation; and "(5) that the military department has-"(A) identified the scope of future test and evaluation likely to be required prior to transition of the associated technology to a program of record; and"(B) a plan for the conduct of such future test and evaluation, including the anticipated roles and responsibilities of government and the private entity, as applicable."(b) CERTIFICATION.-No military equipment that is an end item of a major weapons system may be transferred or furnished to a private entity for purposes of research and development as authorized under subsection (a) unless the senior officer of the military service concerned certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that such equipment is not essential to the defense of the United States. "(c) ONE-TIME AUTHORITY TO TRANSFER.-The Secretary of the Navy may transfer, to Piasecki Aircraft Corporation of Essington, Pennsylvania (in this section referred to as 'transferee'), all right, title, and interest of the United States, except as otherwise provided in this subsection, in and to Navy aircraft N40VT (Bureau Number 163283), also known as the X-49A aircraft, and associated components and test equipment, previously specified as Government-furnished equipment in contract N00019-00-C-0284. The transferee shall provide consideration for the transfer of such military equipment to the transferor of an amount not to exceed fair value, as determined, on a non-delegable basis, by the Secretary. "(d) APPLICABLE LAW.-The transfer or use of military equipment is subject to all applicable Federal and State laws and regulations, including, but not limited to, the Arms Export Control Act [22 U.S.C. 2751 et seq.], the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.], continued under Executive Order 12924 [listed in a table under 50 U.S.C. 1701], International Traffic in Arms Regulations ( 22 C.F.R. 120 et seq.), Export Administration Regulations ( 15 C.F.R. 730 et seq.), Foreign Assets Control Regulations ( 31 C.F.R. 500 et seq.), and the Espionage Act [act June 15, 1917, ch. 30, 40 Stat. 217, see Tables for classification]."(e) CONDITION OF EQUIPMENT TO BE TRANSFERRED.-"(1) AS-IS CONDITION.-The military equipment transferred under subsection (c) shall be transferred in its current 'as-is' condition. The Secretary is not required to repair or alter the condition of any military equipment before transferring any interest in such equipment under subsection (c)."(2) SPARE PARTS OR EQUIPMENT.-The Secretary of the Navy is not required to provide spare parts or equipment as a result of the transfer authorized under subsection (c)."(f) TRANSFER AT NO COST TO THE UNITED STATES.-The transfer of military equipment under subsection (c) shall be made at no cost to the United States. Any costs associated with the transfer shall be borne by the transferee. "(g) ADDITIONAL TERMS AND CONDITIONS.-The Secretary shall require that the transfer authorized by section (c) be carried out by means of a written agreement and shall require, at a minimum, the following conditions to the transfer:"(1) A condition stipulating that the transfer of the X-49A aircraft is for the sole purpose of further development, test, and evaluation of vectored thrust ducted propeller (hereinafter in this section referred to as 'VTDP') technology. "(2) A condition providing the Government the right to procure the VTDP technology demonstrated under this program at a discounted cost based on the value of the X-49A aircraft and associated equipment at the time of transfer, with such valuation and terms determined by the Secretary. "(3) A condition that the transferee not transfer any interest in, or transfer possession of, the military equipment transferred under subsection (b) to any other party without the prior written approval of the Secretary."(4) A condition that if the Secretary determines at any time that the transferee has failed to comply with a condition set forth in paragraphs (1) through (3), all items referred to in subsection (b) shall be transferred back to the Navy, at no cost to the United States. "(5) A condition that the transferee acknowledges sole responsibility of the X-49A aircraft and associated equipment and assumes all liability for operation of the X-49A aircraft and associated equipment. "(h) NO LIABILITY FOR THE UNITED STATES.-Upon the transfer of military equipment under subsection (b), the United States shall not be liable for any death, injury, loss, or damage that results from the use of such military equipment by any person other than the United States."(i) ADDITIONAL TERMS AND CONDITIONS.-The Secretary may require such additional terms and conditions in connection with a transfer under subsection (b) as the Secretary considers appropriate to protect the interests of the United States."(j) DEFINITIONS.-In this subsection: "(1) The term 'major system' has the meaning provided in section 2302 of title 10, United States Code [see 10 U.S.C. 3041(a), (b)]. "(2) The term 'contractual agreement' includes contracts, grants, cooperative agreements, and other transactions."
- includes
- "includes" means "includes but is not limited to"; and
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- officer
- The term "officer" means a commissioned or warrant officer.