§4175 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can make contracts with companies that want to run commercial tests at a Major Range and Test Facility Installation. Each contract must let the Secretary stop, ban, or pause a commercial test right away if the Secretary certifies in writing that the test would hurt public health or safety, damage public or private property, or harm U.S. national security or foreign policy. Contracts must make the company pay back all direct costs the Department of Defense incurs because of the test. The contract can also require the company to pay some indirect costs if the Secretary thinks that is fair, and the Secretary can let the installation commander decide how much indirect cost to charge. Money collected must go back to the same government accounts that covered the costs. The Secretary must write rules to run this program. Major Range and Test Facility Installation — a DoD test site officially designated by the Secretary. Direct costs — costs directly used or consumed for the test (for example, labor, materials, equipment, supplies, utilities, or construction done for the company).

Title 10, §4175

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)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)The Secretary of Defense shall prescribe regulations to carry out this section.

(f)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—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. 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). 1998—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.” 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.” 1997—Subsec. (g). Pub. L. 105–85, § 842(a), substituted “2002” for “1998”. 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment 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.

§4175 Use of test and evaluation installations by commercial entities