
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2353]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                  CHAPTER 139--RESEARCH AND DEVELOPMENT
 
Sec. 2353. Contracts: acquisition, construction, or furnishing 
        of test facilities and equipment
        
    (a) A contract of a military department for research or development, 
or both, may provide for the acquisition or construction by, or 
furnishing to, the contractor, of research, developmental, or test 
facilities and equipment that the Secretary of the military department 
concerned determines to be necessary for the performance of the 
contract. The facilities and equipment, and specialized housing for 
them, may be acquired or constructed at the expense of the United 
States, and may be lent or leased to the contractor with or without 
reimbursement, or may be sold to him at fair value. This subsection does 
not authorize new construction or improvements having general utility.
    (b) Facilities that would not be readily removable or separable 
without unreasonable expense or unreasonable loss of value may not be 
installed or constructed under this section on property not owned by the 
United States, unless the contract contains--
        (1) a provision for reimbursing the United States for the fair 
    value of the facilities at the completion or termination of the 
    contract or within a reasonable time thereafter;
        (2) an option in the United States to acquire the underlying 
    land; or
        (3) an alternative provision that the Secretary concerned 
    considers to be adequate to protect the interests of the United 
    States in the facilities.

    (c) Proceeds of sales or reimbursements under this section shall be 
paid into the Treasury as miscellaneous receipts, except to the extent 
otherwise authorized by law with respect to property acquired by the 
contractor.

(Aug. 10, 1956, ch. 1041, 70A Stat. 134.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2353(a)...............................  5:235e (1st sentence; and 2d         Ju
ly 16, 1952, ch. 882, Sec.  4
                                         sentence, less 2d and last           (
less 3d and last sentences), 66
                                         provisos).                           S
tat. 725.
                                        5:475j (1st sentence; and 2d
                                         sentence, less 2d and last
                                         provisos).
                                        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).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``furnished to'' and ``for the use 
thereof'' are omitted as surplusage.
    In subsections (a) and (b), the words ``United States'' are 
substituted for the word ``Government''.
    In subsection (b), the introductory clause is substituted for 5:235e 
(words of 2d proviso before clause (1)), 475j, and 628e. The words 
``that * * * considers'' are substituted for the words ``as will in the 
opinion''. The words ``an alternative'' are substituted for the words 
``such other''.
    In subsection (c), the words ``Proceeds of'' are substituted for the 
words ``That all moneys arising from''.


 Use of Research and Development Funds for Test Facilities and Equipment

    Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8015], Dec. 19, 1985, 
99 Stat. 1185, 1205, which provided that appropriations available to the 
Department of Defense for research and development could be used for 10 
U.S.C. 2353 and for purposes related to research and development for 
which expenditures are specifically authorized in other appropriations 
of the Service concerned, was repealed and restated in section 2351(b) 
of this title by Pub. L. 100-370, Sec. 1(g)(1)(B), (2), July 19, 1988, 
102 Stat. 846.

                  Section Referred to in Other Sections

    This section is referred to in sections 114, 2351 of this title; 
title 42 sections 241, 6981, 7404.
