
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2681]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-
                             EXCESS PROPERTY
 
Sec. 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.

(Added Pub. L. 103-160, div. A, title VIII, Sec. 846(a), Nov. 30, 1993, 
107 Stat. 1722; amended Pub. L. 105-85, div. A, title VIII, Sec. 842, 
Nov. 18, 1997, 111 Stat. 1844; Pub. L. 105-261, div. A, title VIII, 
Sec. 820, Oct. 17, 1998, 112 Stat. 2090.)


                            Prior Provisions

    A prior section, added Pub. L. 87-651, title II, Sec. 209(a), Sept. 
7, 1962, 76 Stat. 523; amended Pub. L. 88-174, title V, Sec. 508, Nov. 
7, 1963, 77 Stat. 326; Pub. L. 96-513, title V, Sec. 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, Secs. 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.


                               Amendments

    1998--Subsec. (g). Pub. L. 105-261, Sec. 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, Sec. 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, Sec. 842(a), substituted ``2002'' 
for ``1998''.
    Subsec. (h). Pub. L. 105-85, Sec. 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.''
