-CITE- 10 USC CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -MISC1- Sec. 2381. Contracts: regulations for bids. 2382. Consolidation of contract requirements: policy and restrictions. 2383. Contractor performance of acquisition functions closely associated with inherently governmental functions. 2384. Supplies: identification of supplier and sources. 2384a. Supplies: economic order quantities. 2385. Arms and ammunition: immunity from taxation. 2386. Copyrights, patents, designs, etc.; acquisition. 2387. Procurement of table and kitchen equipment for officers' quarters: limitation on. [2388. Renumbered.] 2389. Ensuring safety regarding insensitive munitions. 2390. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense. 2391. Military base reuse studies and community planning assistance. 2392. Prohibition on use of funds to relieve economic dislocations. 2393. Prohibition against doing business with certain offerors or contractors. [2394, 2394a. Renumbered.] 2395. Availability of appropriations for procurement of technical military equipment and supplies. 2396. Advances for payments for compliance with foreign laws, rent in foreign countries, tuition, public utility services, and pay and supplies of armed forces of friendly foreign countries. [2397 to 2398a. Repealed or Renumbered.] 2399. Operational test and evaluation of defense acquisition programs. 2400. Low-rate initial production of new systems. 2401. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles. 2401a. Lease of vehicles, equipment, vessels, and aircraft. 2402. Prohibition of contractors limiting subcontractor sales directly to the United States. [2403 to 2407. Repealed or Renumbered.] 2408. Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors. 2409. Contractor employees: protection from reprisal for disclosure of certain information. [2409a. Repealed.] 2410. Requests for equitable adjustment or other relief: certification. 2410a. Contracts for periods crossing fiscal years: severable service contracts; leases of real or personal property. 2410b. Contractor inventory accounting systems: standards. [2410c. Renumbered.] 2410d. Subcontracting plans: credit for certain purchases. [2410e. Repealed.] 2410f. Debarment of persons convicted of fraudulent use of "Made in America" labels. 2410g. Advance notification of contract performance outside the United States. [2410h. Renumbered.] 2410i. Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel. 2410j. Displaced contractor employees: assistance to obtain certification and employment as teachers or employment as teachers' aides. 2410k. Defense contractors: listing of suitable employment openings with local employment service office. 2410l. Contracts for advisory and assistance services: cost comparison studies. 2410m. Retention of amounts collected from contractor during the pendency of contract dispute. 2410n. Products of Federal Prison Industries: procedural requirements. 2410o. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products. 2410p. Contracts: limitations on lead system integrators (!1) AMENDMENTS 2006 - Pub. L. 109-364, div. A, title VIII, Sec. 807(a)(2), div. B, title XXVIII, Sec. 2851(c)(2), Oct. 17, 2006, 120 Stat. 2315, 2495, added item 2410p and struck out items 2388 "Liquid fuels and natural gas: contracts for storage, handling, or distribution", 2394 "Contracts for energy or fuel for military installations", 2394a "Procurement of energy systems using renewable forms of energy", 2398 "Procurement of gasohol as motor vehicle fuel", 2398a "Procurement of fuel derived from coal, oil shale, and tar sands", 2404 "Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority", and 2410c "Preference for energy efficient electric equipment". Pub. L. 109-163, div. A, title VIII, Sec. 815(d)(2), Jan. 6, 2006, 119 Stat. 3382, substituted "Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles" for "Requirement for authorization by law of certain contracts relating to vessels and aircraft" in item 2401. 2005 - Pub. L. 109-58, title III, Sec. 369(q)(2), Aug. 8, 2005, 119 Stat. 733, added item 2398a. 2004 - Pub. L. 108-375, div. A, title VIII, Sec. 804(a)(2), Oct. 28, 2004, 118 Stat. 2008, added item 2383. 2003 - Pub. L. 108-136, div. A, title VIII, Sec. 801(a)(2), title X, Sec. 1005(b)(2), Nov. 24, 2003, 117 Stat. 1540, 1585, added item 2382 and substituted "Contracts for periods crossing fiscal years: severable service contracts; leases of real or personal property" for "Severable service contracts for periods crossing fiscal years" in item 2410a. 2002 - Pub. L. 107-314, div. A, title VIII, Sec. 826(b), title X, Sec. 1062(a)(10)(B), Dec. 2, 2002, 116 Stat. 2617, 2650, transferred item 2410h "Acquisition fellowship program" to subchapter IV of chapter 87 as item 1747 and added item 2410o. 2001 - Pub. L. 107-107, div. A, title VIII, Secs. 811(a)(2), 834(a)(2), Dec. 28, 2001, 115 Stat. 1181, 1191, added items 2389 and 2410n. 1999 - Pub. L. 106-65, div. A, title VIII, Sec. 803(b)(2), Oct. 5, 1999, 113 Stat. 704, substituted "Acquisition of certain fuel sources" for "Acquisition of petroleum and natural gas" in item 2404. 1997 - Pub. L. 105-85, div. A, title VIII, Secs. 801(b), 810(a)(2), 831(b), 847(b)(1), title X, Sec. 1014(b)(2), Nov. 18, 1997, 111 Stat. 1831, 1839, 1842, 1845, 1875, inserted "public utility services," after "tuition," in item 2396, struck out items 2403 "Major weapon systems: contractor guarantees" and 2405 "Limitation on adjustment of shipbuilding contracts", substituted "Severable service contracts for periods crossing fiscal years" for "Appropriated funds: availability for certain contracts for 12 months" in item 2410a, and added item 2410m. 1996 - Pub. L. 104-106, div. A, title VIII, Secs. 803(b), 807(a)(2), div. D, title XLIII, Sec. 4304(c)(1), Feb. 10, 1996, 110 Stat. 390, 392, 664, struck out items 2383 "Procurement of critical aircraft and ship spare parts: quality control", 2397 "Employees or former employees of defense contractors: reports", 2397a "Requirements relating to private employment contacts between certain Department of Defense procurement officials and defense contractors", 2397b "Certain former Department of Defense procurement officials: limitations on employment by contractors", and 2397c "Defense contractors: requirements concerning former Department of Defense officials" and substituted "Lease of vehicles, equipment, vessels, and aircraft" for "Lease of vessels, aircraft, and vehicles" in item 2401a. 1994 - Pub. L. 103-355, title II, Secs. 2102(b), 2201(b)(2), 2301(c), title III, Sec. 3065(a)(2), title VI, Sec. 6005(b)(2), Oct. 13, 1994, 108 Stat. 3309, 3318, 3321, 3337, 3365, added item 2401a, struck out items 2382 "Contract profit controls during emergency periods", 2406 "Availability of cost and pricing records", 2409a "Communicating with Government officials: defense contractor requirement to prohibit retaliatory personnel actions", and 2410e "Contract claims: certification regulations", and substituted in item 2410 "Requests for equitable adjustment or other relief: certification" for "Contract claims: certification". Pub. L. 103-337, div. A, title III, Sec. 363(a)(2), Oct. 5, 1994, 108 Stat. 2734, added item 2410l. 1993 - Pub. L. 103-160, div. A, title VIII, Sec. 828(a)(3), (c)(3), (4), Nov. 30, 1993, 107 Stat. 1713, 1714, substituted "Liquid fuels and natural gas: contracts for storage, handling, or distribution" for "Liquid fuels: contracts for storage, handling, and distribution" in item 2388, struck out item 2389 "Contracts for the procurement of milk: price adjustments; purchases from the Commodity Credit Corporation", and inserted "and natural gas" and "; acquisition by exchange; sales authority" in item 2404. Pub. L. 103-35, title II, Sec. 202(a)(18)(B), May 31, 1993, 107 Stat. 102, made technical amendment to directory language of Pub. L. 102-484, Sec. 4470(a)(2). See 1992 Amendment note below. Pub. L. 103-35, title II, Sec. 201(b)(1)(B), May 31, 1993, 107 Stat. 97, renumbered item 2410c relating to displaced contractor employees as item 2410j and item 2410d relating to defense contractors as item 2410k. 1992 - Pub. L. 102-484, div. D, title XLIV, Sec. 4470(a)(2), Oct. 23, 1992, 106 Stat. 2753, as amended by Pub. L. 103-35, title II, Sec. 202(a)(18)(B), May 31, 1993, 107 Stat. 102, added item 2410d relating to defense contractors. Pub. L. 102-484, div. D, title XLIV, Sec. 4443(b), Oct. 23, 1992, 106 Stat. 2735, 2753, added item 2410c relating to displaced contractor employees. Pub. L. 102-484, div. A, title III, Sec. 384(a)(1)(B), title VIII, Secs. 808(b)(2), 813(a)(2), 834(a)(2), 840(a)(2), 841(b), title XIII, Sec. 1332(b), Oct. 23, 1992, 106 Stat. 2393, 2450, 2453, 2461, 2467, 2468, 2555, added items 2410c to 2410i. 1990 - Pub. L. 101-510, div. A, title VIII, Sec. 837(a)(2), title XIV, Sec. 1484(i)(8), Nov. 5, 1990, 104 Stat. 1619, 1718, struck out item 2407 "Acquisition of defense equipment under cooperative projects" and added item 2409a. 1989 - Pub. L. 101-189, div. A, title VIII, Secs. 802(a)(2), 803(b), title IX, Sec. 933(e), title XVI, Sec. 1622(b)(2), Nov. 29, 1989, 103 Stat. 1486, 1488, 1538, 1604, added items 2390, 2399, and 2400 and struck out item 2401a "Procurement of communications support and related supplies and services". 1988 - Pub. L. 100-456, div. A, title VIII, Secs. 805(a)(2), 834(a)(2), Sept. 29, 1988, 102 Stat. 2010, 2025, added items 2383 and 2410b. Pub. L. 100-370, Secs. 1(h)(3), 3(b)(2), July 19, 1988, 102 Stat. 848, 855, in item 2389 substituted "milk: price adjustments; purchases from the Commodity Credit Corporation" for "milk; price adjustment", struck out items 2399 "Limitation on availability of appropriations to reimburse a contractor for cost of commercial insurance", and 2400 "Miscellaneous procurement limitations", and added items 2410 and 2410a. 1987 - Pub. L. 100-180, div. A, title I, Sec. 124(b)(2), Dec. 4, 1987, 101 Stat. 1043, substituted "Miscellaneous procurement limitations" for "Limitation on procurement of buses" in item 2400. 1986 - Pub. L. 99-661, div. A, title XI, Sec. 1103(b)(2)(B), Nov. 14, 1986, 100 Stat. 3963, struck out "North Atlantic Treaty Organization" before "cooperative projects" in item 2407. Pub. L. 99-500, Sec. 101(c) [title X, Secs. 931(a)(2), 941(a)(2), 942(a)(2), 943(a)(2)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-160, 1783-162, 1783-164, and Pub. L. 99-591, Sec. 101(c) [title X, Secs. 931(a)(2), 941(a)(2), 942(a)(2), 943(a)(2)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-160, 3341-162, 3341-164; Pub. L. 99-661, div. A, title IX, formerly title IV, Secs. 931(a)(2), 941(a)(2), 942(a)(2), 943(a)(2), Nov. 14, 1986, 100 Stat. 3939, 3941-3943, 3963, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273, amended analysis identically, substituting "Availability of cost and pricing records" for "Cost and price management" in item 2406 and adding items 2397b, 2397c, 2408, and 2409. 1985 - Pub. L. 99-145, title IX, Secs. 917(b), 923(a)(2), title XI, Sec. 1102(b)(2), Nov. 8, 1985, 99 Stat. 690, 697, 712, added items 2397a, 2406, and 2407. 1984 - Pub. L. 98-525, title X, Sec. 1005(b), title XII, Sec. 1235(1), (2), Oct. 19, 1984, 98 Stat. 2579, 2604, substituted in item 2384 "identification of supplier and sources" for "marking with name of contractor" and added items 2401a, 2384a, and 2402 to 2405. 1983 - Pub. L. 98-94, title XII, Secs. 1202(a)(2), 1259(b), Sept. 24, 1983, 97 Stat. 681, 703, struck out item 2390 "Suggestions for improving procurement policies", and added item 2401. 1982 - Pub. L. 97-321, title VIII, Sec. 801(a)(2), Oct. 15, 1982, 96 Stat. 1570, added item 2394a. Pub. L. 97-295, Sec. 1(29)(B), Oct. 12, 1982, 96 Stat. 1294, struck out item 2394 "Availability of appropriations for procurement of technical military equipment and supplies and the construction of military public works", added item 2395 "Availability of appropriations for procurement of technical military equipment and supplies", redesignated former item 2395 as 2396, and added items 2397, 2398, 2399, and 2400. Pub. L. 97-258, Sec. 2(b)(4)(A), Sept. 13, 1982, 96 Stat. 1052, added items 2394 and 2395. Pub. L. 97-214, Sec. 6(a)(2), July 12, 1982, 96 Stat. 172, added item 2394. 1981 - Pub. L. 97-86, title IX, Secs. 911(a)(2), 912(a)(2), 913(a)(2), 914(b), Dec. 1, 1981, 95 Stat. 1122, 1123, 1125, substituted "Contract profit controls during emergency periods" for "Aircraft: contract requirements" in item 2382 and added items 2391, 2392, and 2393. 1980 - Pub. L. 96-513, title V, Sec. 511(79), Dec. 12, 1980, 94 Stat. 2927, struck out item 2383 "Emergency purchases: war material abroad". 1977 - Pub. L. 95-79, title VIII, Sec. 815(b), July 30, 1977, 91 Stat. 338, added item 2390. 1966 - Pub. L. 89-696, Sec. 1(2), Oct. 19, 1966, 80 Stat. 1057, added item 2389. 1958 - Pub. L. 85-861, Sec. 1(47), Sept. 2, 1958, 72 Stat. 1458, added items 2387 and 2388. -FOOTNOTE- (!1) So in original. Probably should be followed by a period. -End- -CITE- 10 USC Sec. 2381 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2381. Contracts: regulations for bids -STATUTE- (a) The Secretary of Defense may - (1) prescribe regulations for the preparation, submission, and opening of bids for contracts; and (2) require that a bid be accompanied by a written guaranty, signed by one or more responsible persons, undertaking that the bidder, if his bid is accepted, will, within the time prescribed by the Secretary or other officer authorized to make the contract, make a contract and furnish a bond with good and sufficient sureties for the performance of the contract. (b) If a bidder, after being notified of the acceptance of his bid, fails within the time prescribed under subsection (a)(2) to enter into a contract and furnish the prescribed bond, the Secretary concerned or other authorized officer shall - (1) contract with another person; and (2) charge against the defaulting bidder and his guarantors the difference between the amount specified by the bidder in his bid and the amount for which a contract is made with the other person, this difference being immediately recoverable by the United States for the use of the military department concerned in an action against the bidder and his guarantors, jointly or severally. (c) Proceedings under this section are subject to regulations under section 121 of title 40, unless exempted therefrom under section 501(a)(2) of title 40. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 136; Pub. L. 98-525, title XIV, Sec. 1405(35), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 103-355, title I, Sec. 1507, Oct. 13, 1994, 108 Stat. 3298; Pub. L. 107-217, Sec. 3(b)(6), Aug. 21, 2002, 116 Stat. 1295.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2381(a) 5:218 (1st sentence, less Apr. 10, 1878, ch. 58, 1st 16 words; and 2d 20 Stat. 36; Mar. 3, sentence). 1883, ch. 120, 22 Stat. 487; Oct. 31, 1951, ch. 654, Sec. 2(4), 65 Stat. 706. 2381(b) 5:218 (less 1st and 2d sentences). 2381(c) 5:218 (1st 16 words of Feb. 19, 1948, ch. 65, 1st sentence) Sec. 12 (1st sentence), [applicability of 5:218 62 Stat. 26. extended to Navy by 5:412b and 41:161 (1st sentence)]. -------------------------------------------------------------------- In subsection (a)(1), the word "may" is substituted for the words "is authorized to". The words "rules and * * * to be observed" are omitted as surplusage. In subsection (a)(2), the word "undertaking" is substituted for the words "to the effect that he or they undertake". The words "make a contract" are inserted for clarity. The words "in the premises" are omitted as surplusage. The words "for the performance of the contract" are substituted for the words "to furnish the supplies proposed or to perform the service required". In subsection (b), the word "duly" is omitted as surplusage. The words "with good and sufficient security for the proper fulfillment of its terms" are omitted as covered by subsection (a)(2). The words "the prescribed" are inserted before the word "bond". Subsection (b)(1) is substituted for the words "proceed to contract with some other person to furnish the supplies or perform the services required". In subsection (b)(2) the word "charge" is substituted for the words "forthwith cause * * * to be charged". The words "a contract is made with the other person" are substituted for the words "he may have contracted with another party to furnish the supplies or perform the service for the whole period of the proposal". The words "guarantor or" are omitted as surplusage. The words "this difference being" are substituted for the words "and the sum may be". The words "of debt" are omitted, since that action no longer exists. The words "the bidder and his guarantors, jointly or severally" are substituted for the words "either or all of such persons". In subsection (c), the words "Proceedings under this section are" are inserted for clarity. The words "unless exempted therefrom under section 481(a) of that title" are inserted to preserve the possibility of exemption of proceedings under the revised section from the provisions of the Federal Property and Administrative Services Act of 1949, as amended. AMENDMENTS 2002 - Subsec. (c). Pub. L. 107-217 substituted "section 121 of title 40" for "section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)" and "section 501(a)(2) of title 40" for "section 201(a) of that Act (40 U.S.C. 481(a))". 1994 - Subsec. (a). Pub. L. 103-355 substituted "The Secretary of Defense may - "(1) prescribe regulations for the preparation, submission, and opening of bids for contracts; and" for "The Secretary of a military department may - "(1) prescribe regulations for the preparation, submission, and opening of bids for contracts with that department; and". 1984 - Subsec. (c). Pub. L. 98-525 substituted "section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)" for "section 486 of title 40" and "section 201(a) of that Act (40 U.S.C. 481(a))" for "section 481(a) of this title". -End- -CITE- 10 USC Sec. 2382 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2382. Consolidation of contract requirements: policy and restrictions -STATUTE- (a) Policy. - The Secretary of Defense shall require the Secretary of each military department, the head of each Defense Agency, and the head of each Department of Defense Field Activity to ensure that the decisions made by that official regarding consolidation of contract requirements of the department, agency, or field activity, as the case may be, are made with a view to providing small business concerns with appropriate opportunities to participate in Department of Defense procurements as prime contractors and appropriate opportunities to participate in such procurements as subcontractors. (b) Limitation on Use of Acquisition Strategies Involving Consolidation. - (1) An official of a military department, Defense Agency, or Department of Defense Field Activity may not execute an acquisition strategy that includes a consolidation of contract requirements of the military department, agency, or activity with a total value in excess of $5,000,000, unless the senior procurement executive concerned first - (A) conducts market research; (B) identifies any alternative contracting approaches that would involve a lesser degree of consolidation of contract requirements; and (C) determines that the consolidation is necessary and justified. (2) A senior procurement executive may determine that an acquisition strategy involving a consolidation of contract requirements is necessary and justified for the purposes of paragraph (1) if the benefits of the acquisition strategy substantially exceed the benefits of each of the possible alternative contracting approaches identified under subparagraph (B) of that paragraph. However, savings in administrative or personnel costs alone do not constitute, for such purposes, a sufficient justification for a consolidation of contract requirements in a procurement unless the total amount of the cost savings is expected to be substantial in relation to the total cost of the procurement. (3) Benefits considered for the purposes of paragraphs (1) and (2) may include cost and, regardless of whether quantifiable in dollar amounts - (A) quality; (B) acquisition cycle; (C) terms and conditions; and (D) any other benefit. (c) Definitions. - In this section: (1) The terms "consolidation of contract requirements" and "consolidation", with respect to contract requirements of a military department, Defense Agency, or Department of Defense Field Activity, mean a use of a solicitation to obtain offers for a single contract or a multiple award contract to satisfy two or more requirements of that department, agency, or activity for goods or services that have previously been provided to, or performed for, that department, agency, or activity under two or more separate contracts smaller in cost than the total cost of the contract for which the offers are solicited. (2) The term "multiple award contract" means - (A) a contract that is entered into by the Administrator of General Services under the multiple award schedule program referred to in section 2302(2)(C) of this title; (B) a multiple award task order contract or delivery order contract that is entered into under the authority of sections 2304a through 2304d of this title or sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 253k); and (C) any other indeterminate delivery, indeterminate quantity contract that is entered into by the head of a Federal agency with two or more sources pursuant to the same solicitation. (3) The term "senior procurement executive concerned" means - (A) with respect to a military department, the official designated under section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c)) as the senior procurement executive for the military department; or (B) with respect to a Defense Agency or a Department of Defense Field Activity, the official so designated for the Department of Defense. (4) The term "small business concern" means a business concern that is determined by the Administrator of the Small Business Administration to be a small-business concern by application of the standards prescribed under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). -SOURCE- (Added Pub. L. 108-136, div. A, title VIII, Sec. 801(a)(1), Nov. 24, 2003, 117 Stat. 1538; amended Pub. L. 109-364, div. A, title X, Sec. 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398.) -MISC1- PRIOR PROVISIONS A prior section 2382, acts Aug. 10, 1956, ch. 1041, 70A Stat. 136; Dec. 1, 1981, Pub. L. 97-86, title IX, Sec. 911(a)(1), 95 Stat. 1120; Nov. 5, 1990, Pub. L. 101-510, div. A, title XIV, Sec. 1484(b)(3), (f)(2), (g)(2), (h)(3), 104 Stat. 1716, 1717; Oct. 29, 1992, Pub. L. 102-572, title IX, Sec. 902(b)(1), 106 Stat. 4516, authorized the President, upon declaration of war by Congress or declaration of national emergency by the President or by Congress, to prescribe regulations to control excessive profits on defense contracts during period of such war or national emergency, prior to repeal by Pub. L. 103-355, title II, Sec. 2102(a), Oct. 13, 1994, 108 Stat. 3309. AMENDMENTS 2006 - Subsec. (c)(3)(A). Pub. L. 109-364 substituted "section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))" for "section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))". EFFECTIVE DATE Pub. L. 108-136, div. A, title VIII, Sec. 801(c), Nov. 24, 2003, 117 Stat. 1540, provided that: "This section [enacting this section and provisions set out as a note below] applies with respect to procurements for which solicitations are issued after the date occurring 180 days after the date of the enactment of this Act [Nov. 24, 2003]." DATA REVIEW Pub. L. 108-136, div. A, title VIII, Sec. 801(b), Nov. 24, 2003, 117 Stat. 1540, provided that: "(1) The Secretary of Defense shall revise the data collection systems of the Department of Defense to ensure that such systems are capable of identifying each procurement that involves a consolidation of contract requirements within the department with a total value in excess of $5,000,000. "(2) The Secretary shall ensure that appropriate officials of the Department of Defense periodically review the information collected pursuant to paragraph (1) in cooperation with the Small Business Administration - "(A) to determine the extent of the consolidation of contract requirements in the Department of Defense; and "(B) to assess the impact of the consolidation of contract requirements on the availability of opportunities for small business concerns to participate in Department of Defense procurements, both as prime contractors and as subcontractors. "(3) In this subsection: "(A) The term 'consolidation of contract requirements' has the meaning given that term in section 2382(c)(1) of title 10, United States Code, as added by subsection (a). "(B) The term 'small business concern' means a business concern that is determined by the Administrator of the Small Business Administration to be a small-business concern by application of the standards prescribed under section 3(a) of the Small Business Act (15 U.S.C. 632(a))." -End- -CITE- 10 USC Sec. 2383 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2383. Contractor performance of acquisition functions closely associated with inherently governmental functions -STATUTE- (a) Limitation. - The head of an agency may enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions only if the contracting officer for the contract ensures that - (1) appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to perform the functions; (2) appropriate military or civilian personnel of the Department of Defense are - (A) to supervise contractor performance of the contract; and (B) to perform all inherently governmental functions associated with the functions to be performed under the contract; and (3) the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense. (b) Definitions. - In this section: (1) The term "head of an agency" has the meaning given such term in section 2302(1) of this title, except that such term does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration. (2) The term "inherently governmental functions" has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation. (3) The term "functions closely associated with inherently governmental functions" means the functions described in section 7.503(d) of the Federal Acquisition Regulation. (4) The term "organizational conflict of interest" has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation. -SOURCE- (Added Pub. L. 108-375, div. A, title VIII, Sec. 804(a)(1), Oct. 28, 2004, 118 Stat. 2007.) -MISC1- PRIOR PROVISIONS A prior section 2383, added Pub. L. 100-456, div. A, title VIII, Sec. 805(a)(1), Sept. 29, 1988, 102 Stat. 2010; amended Pub. L. 102- 190, div. A, title X, Sec. 1061(a)(13), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103-355, title II, Sec. 2401, Oct. 13, 1994, 108 Stat. 3324, related to quality control in procurement of critical aircraft and ship spare or repair parts, prior to repeal by Pub. L. 104-106, div. A, title VIII, Sec. 803(a), Feb. 10, 1996, 110 Stat. 390. Another prior section 2383, act Aug. 10, 1956, ch. 1041, 70A Stat. 137, permitted Secretary of a military department to make emergency purchases of war material abroad, and provided that such material may be admitted free of duty, prior to repeal by Pub. L. 87-456, title III, Sec. 303(c), May 24, 1962, 76 Stat. 78. EFFECTIVE DATE Pub. L. 108-375, div. A, title VIII, Sec. 804(b), Oct. 28, 2004, 118 Stat. 2008, provided that: "Section 2383 of title 10, United States Code (as added by subsection (a)), shall apply to contracts entered into on or after the date of the enactment of this Act [Oct. 28, 2004]." -End- -CITE- 10 USC Sec. 2384 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2384. Supplies: identification of supplier and sources -STATUTE- (a) The Secretary of Defense shall require that the contractor under a contract with the Department of Defense for the furnishing of supplies to the United States shall mark or otherwise identify supplies furnished under the contract with the identity of the contractor, the national stock number for the supplies furnished (if there is such a number), and the contractor's identification number for the supplies. (b)(1) The Secretary of Defense shall prescribe regulations requiring that, whenever practicable, each contract requiring the delivery of supplies (other than a contract described in paragraph (2)) shall require that the contractor identify - (A) the actual manufacturer or producer of the item or of all sources of supply of the contractor for that item; (B) the national stock number of the item (if there is such a number) and the identification number of the actual manufacturer or producer of the item or of each source of supply of the contractor for the item; and (C) the source of any technical data delivered under the contract. (2) The regulations prescribed pursuant to paragraph (1) do not apply to a contract that requires the delivery of supplies that are commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))). (3) The regulations prescribed pursuant to paragraph (1) do not apply to a contract for an amount not greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))). (c) Identification of supplies and technical data under this section shall be made in the manner and with respect to the supplies prescribed by the Secretary of Defense. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 137; Pub. L. 98-525, title XII, Sec. 1231(a), Oct. 19, 1984, 98 Stat. 2599; Pub. L. 99-500, Sec. 101(c) [title X, Sec. 928(a)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-156, and Pub. L. 99-591, Sec. 101(c) [title X, Sec. 928(a)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-156; Pub. L. 99-661, div. A, title IX, formerly title IV, Sec. 928(a), Nov. 14, 1986, 100 Stat. 3936, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103-355, title IV, Sec. 4102(d), title VIII, Sec. 8105(b), Oct. 13, 1994, 108 Stat. 3340, 3392; Pub. L. 104-106, div. D, title XLIII, Sec. 4321(b)(12), Feb. 10, 1996, 110 Stat. 672.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2384 10:1207. R.S. 3731. 34:583. -------------------------------------------------------------------- The words "Each contractor" are substituted for the words "Every person". The word "his" is substituted for the words "the name of the contractor furnishing such supplies". The words "of any kind" and "and distinguish [distinguished]" are omitted as surplusage. The word "may" is substituted for the word "shall". -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC2- AMENDMENTS 1996 - Subsec. (b)(2). Pub. L. 104-106, Sec. 4321(b)(12)(A), substituted "items (as" for "items, as" and inserted a closing parenthesis after "403(12))". Subsec. (b)(3). Pub. L. 104-106, Sec. 4321(b)(12)(B), inserted a closing parenthesis after "403(11))". 1994 - Subsec. (b)(2). Pub. L. 103-355, Sec. 8105(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Paragraph (1) does not apply to a contract that requires the delivery of supplies that are commercial items sold in substantial quantities to the general public if the contract - "(A) provides for the acquisition of such supplies by the Department of Defense at established catalog or market prices; or "(B) is awarded through the use of competitive procedures." Subsec. (b)(3). Pub. L. 103-355, Sec. 4102(d), added par. (3). 1986 - Subsec. (b). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661, amended subsec. (b) identically, designating existing provision as par. (1), redesignating former pars. (1) to (3) as subpars. (A) to (C), respectively, and inserting in provision preceding subpar. (A) "(other than a contract described in paragraph (2))", and adding par. (2). 1984 - Pub. L. 98-525 amended section generally, substituting "identification of supplier and sources" for "marking with name of contractor" in section catchline, and, in text, substituting provisions designated subsec. (a) and relating to the marking of supplies, providing the national stock number for the supplies furnished, and the contractor's identification number for requirement that each contractor furnishing supplies to a military department mark the supplies with his name in the manner directed by the Secretary of the Department and prohibition of receipt of supplies unless so marked and adding subsecs. (b) and (c). EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104- 106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of Title 41, Public Contracts. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103- 355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of Title 41, Public Contracts. EFFECTIVE DATE OF 1986 AMENDMENT Section 101(c) [title X, Sec. 928(b)] of Pub. L. 99-500 and Pub. L. 99-591, and section 928(b) of title IX, formerly title IV, of Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to contracts entered into after the end of the 180-day period beginning on the date of the enactment of this Act [Oct. 18, 1986]." EFFECTIVE DATE OF 1984 AMENDMENT Section 1231(b) of Pub. L. 98-525 provided that: "The amendment made by subsection (a) [amending this section] shall take effect at the end of the one-year period beginning on the date of the enactment of this Act [Oct. 19, 1984]." -End- -CITE- 10 USC Sec. 2384a 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2384a. Supplies: economic order quantities -STATUTE- (a)(1) An agency referred to in section 2303(a) of this title shall procure supplies in such quantity as (A) will result in the total cost and unit cost most advantageous to the United States, where practicable, and (B) does not exceed the quantity reasonably expected to be required by the agency. (2) The Secretary of Defense shall take paragraph (1) into account in approving rates of obligation of appropriations under section 2204 of this title. (b) Each solicitation for a contract for supplies shall, if practicable, include a provision inviting each offeror responding to the solicitation to state an opinion on whether the quantity of the supplies proposed to be procured is economically advantageous to the United States and, if applicable, to recommend a quantity or quantities which would be more economically advantageous to the United States. Each such recommendation shall include a quotation of the total price and the unit price for supplies procured in each recommended quantity. -SOURCE- (Added Pub. L. 98-525, title XII, Sec. 1233(a), Oct. 19, 1984, 98 Stat. 2600.) -MISC1- EFFECTIVE DATE Section 1233(b) of Pub. L. 98-525 provided that: "The amendment made by subsection (a) [enacting this section] shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act [Oct. 19, 1984]." -End- -CITE- 10 USC Sec. 2385 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2385. Arms and ammunition: immunity from taxation -STATUTE- No tax on the sale or transfer of firearms, pistols, revolvers, shells, or cartridges may be imposed on such articles when bought with funds appropriated for a military department. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 137.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2385 5:171w. Jan. 6, 1951, ch. 1213, subch. VII, Sec. 706, 64 Stat. 1236. -------------------------------------------------------------------- The words "No * * * may be" are substituted for the words "None * * * shall be subject to any". The words "by any Act" are omitted as surplusage. -End- -CITE- 10 USC Sec. 2386 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2386. Copyrights, patents, designs, etc.; acquisition -STATUTE- Funds appropriated for a military department available for making or procuring supplies may be used to acquire any of the following if the acquisition relates to supplies or processes produced or used by or for, or useful to, that department: (1) Copyrights, patents, and applications for patents. (2) Licenses under copyrights, patents, and applications for patents. (3) Design and process data, technical data, and computer software. (4) Releases for past infringement of patents or copyrights or for unauthorized use of technical data or computer software. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 137; Pub. L. 86-726, Sec. 3, Sept. 8, 1960, 74 Stat. 855; Pub. L. 103-355, title III, Sec. 3063, Oct. 13, 1994, 108 Stat. 3337; Pub. L. 104-106, div. A, title VIII, Sec. 813, Feb. 10, 1996, 110 Stat. 395.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2386 31:649b. Aug. 1, 1953, ch. 305, Sec. 609, 67 Stat. 350. -------------------------------------------------------------------- The words "equipment, and materials" are omitted as covered by the word "supplies". The word "hereafter" is omitted as executed. The words "may be used" are substituted for the words "shall * * * be available". The words "if the acquisition relates to" are substituted for 31:649b (1st 8 words of last sentence). In clauses (1), (2), and (4), the word "patents" is substituted for the words "letters patent". AMENDMENTS 1996 - Par. (3). Pub. L. 104-106 amended par. (3) generally, substituting "Design and process data, technical data, and computer software" for "Technical data and computer software". 1994 - Pars. (3), (4). Pub. L. 103-355 added pars. (3) and (4) and struck out former pars. (3) and (4) which read as follows: "(3) Designs, processes, and manufacturing data. "(4) Releases, before suit is brought, for past infringement of patents or copyrights." 1960 - Pub. L. 86-726 inserted "or copyrights" after "patents" in cl. (4). -End- -CITE- 10 USC Sec. 2387 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2387. Procurement of table and kitchen equipment for officers' quarters: limitation on -STATUTE- (a) Except under regulations approved by the Secretary of Defense and providing for uniform practices among the armed forces under his jurisdiction, no part of any appropriation of the Department of Defense may be used to supply or replace table linen, dishes, glassware, silver, and kitchen utensils for use in the residences on shore, or quarters on shore, of officers of those armed forces. (b) This section does not apply to - (1) field messes; (2) messes temporarily set up on shore for bachelor officers and officers attached to seagoing or district defense vessels; (3) aviation units based on seagoing vessels; (4) fleet air bases; (5) submarine bases; and (6) landing forces and expeditions. -SOURCE- (Added Pub. L. 85-861, Sec. 1(45), Sept. 2, 1958, 72 Stat. 1458.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2387(a) 5:174e (less words within July 13, 1955, ch. 358, parentheses). Sec. 614, 69 Stat. 317. 2387(b) 5:174e (words within parentheses). -------------------------------------------------------------------- In subsection (a), the words "may be used" are substituted for the words "shall be available". The words "on account of" are omitted as surplusage. The words "under his jurisdiction" are inserted for clarity, since the Secretary of Defense has no jurisdiction over the Coast Guard when it is not operating as a service in the Navy. -End- -CITE- 10 USC Sec. 2388 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- [Sec. 2388. Renumbered Sec. 2922] -STATUTE- -End- -CITE- 10 USC Sec. 2389 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2389. Ensuring safety regarding insensitive munitions -STATUTE- The Secretary of Defense shall ensure, to the extent practicable, that insensitive munitions under development or procurement are safe throughout development and fielding when subject to unplanned stimuli. -SOURCE- (Added Pub. L. 107-107, div. A, title VIII, Sec. 834(a)(1), Dec. 28, 2001, 115 Stat. 1191.) -MISC1- PRIOR PROVISIONS A prior section 2389, added Pub. L. 89-696, Sec. 1(1), Oct. 19, 1966, 80 Stat. 1056; amended Pub. L. 100-370, Sec. 1(h)(1), July 19, 1988, 102 Stat. 847, related to purchases from Commodity Credit Corporation and price adjustments for contracts for procurement of milk, prior to repeal by Pub. L. 103-160, div. A, title VIII, Sec. 821(a)(4), Nov. 30, 1993, 107 Stat. 1704. REPORT REQUIREMENT Pub. L. 107-107, div. A, title VIII, Sec. 834(b), Dec. 28, 2001, 115 Stat. 1191, directed the Secretary of Defense to submit to committees of Congress a report on insensitive munitions at the same time that the budgets for fiscal years 2003 through 2005 were submitted. -End- -CITE- 10 USC Sec. 2390 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2390. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense -STATUTE- (a)(1) Except as provided in subsections (b) and (c), the sale outside the Department of Defense of any defense article designated or otherwise classified as Prepositioned Material Configured to Unit Sets, as decrement stock, or as Prepositioned War Reserve Stocks for United States Forces is prohibited. (2) In this section, the term "decrement stock" means such stock as is needed to bring the armed forces from a peacetime level of readiness to a combat level of readiness. (b) The President may authorize the sale outside the Department of Defense of a defense article described in subsection (a) if - (1) he determines that there is an international crisis affecting the national security of the United States and the sale of such article is in the best interests of the United States; and (2) he reports to the Congress not later than 60 days after the transfer of such article a plan for the prompt replenishment of the stocks of such article and the planned budget request to begin implementation of that plan. (c)(1) Nothing in this section shall preclude the sale of stocks which have been designated for replacement, substitution, or elimination or which have been designated for sale to provide funds to procure higher priority stocks. (2) Nothing in this section shall preclude the transfer or sale of equipment to other members of the North Atlantic Treaty Organization. -SOURCE- (Added Pub. L. 95-485, title VIII, Sec. 815(a), Oct. 20, 1978, 92 Stat. 1625, Sec. 975; amended Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284; renumbered Sec. 2390, Pub. L. 101-189, div. A, title XVI, Sec. 1622(b)(1), Nov. 29, 1989, 103 Stat. 1604.) -MISC1- PRIOR PROVISIONS A prior section 2390, added Pub. L. 95-79, title VIII, Sec. 815(a), July 30, 1977, 91 Stat. 337; amended Pub. L. 96-470, title I, Sec. 104(a), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 96-513, title V, Sec. 511(80), Dec. 12, 1980, 94 Stat. 2927, directed Secretary of Defense to request each commissioned officer, and each civilian employee above grade GS-12, who was scheduled for retirement and who was or had been at any time within one year prior to such scheduled retirement, assigned to, or employed in, military procurement to submit suggestions for methods to improve procurement policies, prior to repeal by Pub. L. 98-94, title XII, Sec. 1259(a), Sept. 24, 1983, 97 Stat. 703. AMENDMENTS 1989 - Pub. L. 101-189 renumbered section 975 of this title as this section. 1987 - Subsec. (a)(2). Pub. L. 100-26 inserted "the term" after "In this section,". -End- -CITE- 10 USC Sec. 2391 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2391. Military base reuse studies and community planning assistance -STATUTE- (a) Reuse Studies. - Whenever the Secretary of Defense or the Secretary of the military department concerned publicly announces that a military installation is a candidate for closure or that a final decision has been made to close a military installation and the Secretary of Defense determines, because of the location, facilities, or other particular characteristics of the installation, that the installation may be suitable for some specific Federal, State, or local use potentially beneficial to the Nation, the Secretary of Defense may conduct such studies, including the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in connection with such installation and such potential use as may be necessary to provide information sufficient to make sound conclusions and recommendations regarding the possible use of the installation. (b) Adjustment and Diversification Assistance. - (1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments in planning community adjustments and economic diversification required (A) by the proposed or actual establishment, realignment, or closure of a military installation, (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, (C) by a publicly announced planned major reduction in Department of Defense spending that would directly and adversely affect a community, (D) by the encroachment of a civilian community on a military installation, or (E) by the closure or the significantly reduced operations of a defense facility as the result of the merger, acquisition, or consolidation of the defense contractor operating the defense facility, if the Secretary determines that an action described in clause (A), (B), (C), or (E) is likely to have a direct and significantly adverse consequence on the affected community or, in the case of an action described in clause (D), if the Secretary determines that the encroachment of the civilian community is likely to impair the continued operational utility of the military installation. (2) In the case of the establishment or expansion of a military installation, assistance may be made under paragraph (1) only if (A) community impact assistance or special impact assistance is not otherwise available, and (B) the establishment or expansion involves the assignment to the installation of (i) more than 2,000 military, civilian, and contractor Department of Defense personnel, or (ii) more military, civilian, and contractor Department of Defense personnel than the number equal to 10 percent of the number of persons employed in counties or independent municipalities within fifteen miles of the installation, whichever is lesser. (3) In the case of a publicly announced planned reduction in Department of Defense spending, the closure or realignment of a military installation, the cancellation or termination of a Department of Defense contract, or the failure to proceed with a previously approved major defense acquisition program, assistance may be made under paragraph (1) only if the reduction, closure or realignment, cancellation or termination, or failure will have a direct and significant adverse impact on a community or its residents. (4)(A) In the case of a State or local government eligible for assistance under paragraph (1), the Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the State or local government to carry out a community adjustment and economic diversification program (including State industrial extension or modernization efforts to facilitate the economic diversification of defense contractors and subcontractors) in addition to planning such a program. (B) The Secretary shall establish criteria for the selection of community adjustment and economic diversification programs to receive assistance under subparagraph (A). Such criteria shall include a requirement that the State or local government agree - (i) to provide not less than 10 percent of the funding for the program from non-Federal sources; (ii) to provide business planning and market exploration services under the program to defense contractors and subcontractors that seek modernization or diversification assistance; and (iii) to provide training, counseling, and placement services for members of the armed forces and dislocated defense workers. (C) The Secretary shall carry out this paragraph in coordination with the Secretary of Commerce. (5)(A) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State or local government in planning community adjustments and economic diversification even though the State or local government is not currently eligible for assistance under paragraph (1) if the Secretary determines that a substantial portion of the economic activity or population of the geographic area to be subject to the advance planning is dependent on defense expenditures. (B) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State in enhancing its capacities - (i) to assist communities, businesses, and workers adversely affected by an action described in paragraph (1); (ii) to support local adjustment and diversification initiatives; and (iii) to stimulate cooperation between statewide and local adjustment and diversification efforts. (C) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State or local government in enhancing the capabilities of the government to support efforts of the Department of Defense to privatize, contract for, or diversify the performance of military family support services in cases in which the capability of the Department to provide such services is adversely affected by an action described in paragraph (1). (6) Funds provided to State and local governments and regional organizations under this section may be used as part or all of any required non-Federal contribution to a Federal grant-in-aid program for the purposes stated in paragraph (1). (7) To the extent practicable, the Secretary of Defense shall inform a State or local government applying for assistance under this subsection of the approval or rejection by the Secretary of the application for such assistance as follows: (A) Before the end of the 7-day period beginning on the date on which the Secretary receives the application, in the case of an application for a planning grant. (B) Before the end of the 30-day period beginning on such date, in the case of an application for assistance to carry out a community adjustments and economic diversifications program. (8)(A) In attempting to complete consideration of applications within the time period specified in paragraph (7), the Secretary of Defense shall give priority to those applications requesting assistance for a community described in subsection (f)(1). (B) If an application under paragraph (7) is rejected by the Secretary, the Secretary shall promptly inform the State or local government of the reasons for the rejection of the application. (c) Research and Technical Assistance. - The Secretary of Defense may make grants to, or conclude cooperative agreements or enter into contracts with, another Federal agency, a State or local government, or any private entity to conduct research and provide technical assistance in support of activities under this section or Executive Order 12788 (57 Fed. Reg. 2213), as amended by section 33 of Executive Order 13286 (68 Fed. Reg. 10625) and Executive Order 13378 (70 Fed. Reg. 28413). (d) Definitions. - In this section: (1) The terms "military installation" and "realignment" have the meanings given those terms in section 2687(e) of this title. For purposes of subsection (b)(1)(D), the term "military installation" includes a military facility owned and operated by any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, or the Virgin Islands, even though the facility is not under the jurisdiction of the Department of Defense, if the Secretary of Defense determines that the military facility is subject to significant use for training by the armed forces. (2) The term "defense facility" means any private facility producing goods or services pursuant to a defense contract. (3) The terms "community adjustment" and "economic diversification" include the development of feasibility studies and business plans for market diversification within a community adversely affected by an action described in clause (A), (B), (C), or (E) of subsection (b)(1) by adversely affected businesses and labor organizations located in the community. (e) Assistance Subject to Appropriations. - The authority of the Secretary of Defense to make grants under this section in any fiscal year is subject to the availability of appropriations for that purpose. -SOURCE- (Added Pub. L. 97-86, title IX, Sec. 912(a)(1), Dec. 1, 1981, 95 Stat. 1122; amended Pub. L. 98-115, title VIII, Sec. 808, Oct. 11, 1983, 97 Stat. 789; Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100-456, div. B, title XXVIII, Sec. 2805, Sept. 29, 1988, 102 Stat. 2116; Pub. L. 101-510, div. D, title XLI, Sec. 4102(b), Nov. 5, 1990, 104 Stat. 1851; Pub. L. 102-25, title VII, Sec. 701(j)(3), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102-484, div. A, title X, Sec. 1052(28), div. D, title XLIII, Sec. 4301(a)- (c), Oct. 23, 1992, 106 Stat. 2500, 2696, 2697; Pub. L. 103-35, title II, Sec. 202(a)(15), May 31, 1993, 107 Stat. 101; Pub. L. 103- 160, div. B, title XXIX, Sec. 2913, Nov. 30, 1993, 107 Stat. 1925; Pub. L. 103-337, div. A, title XI, Secs. 1122(a), 1123(a), (b), Oct. 5, 1994, 108 Stat. 2870, 2871; Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 104-201, div. B, title XXVIII, Sec. 2814, Sept. 23, 1996, 110 Stat. 2790; Pub. L. 105-85, div. B, title XXVIII, Sec. 2822, Nov. 18, 1997, 111 Stat. 1997; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107-314, div. A, title X, Sec. 1041(a)(13), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 109-163, div. B, title XXVIII, Sec. 2832, Jan. 6, 2006, 119 Stat. 3520; Pub. L. 109- 364, div. B, title XXVIII, Secs. 2861, 2862, Oct. 17, 2006, 120 Stat. 2498.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. Executive Order 12788, referred to in subsec. (c), is set out below. -MISC1- AMENDMENTS 2006 - Subsec. (b)(3). Pub. L. 109-163, Sec. 2832(a), substituted "realignment of a military installation" for "significantly reduced operations of a defense facility", "closure or realignment, cancellation or" for "cancellation,", and "community or its residents." for "community and will result in the loss of - "(A) 2,500 or more employee positions, in the case of a Metropolitan Statistical Area or similar area (as defined by the Director of the Office of Management and Budget); "(B) 1,000 or more employee positions, in the case of a labor market area outside of a Metropolitan Statistical Area; or "(C) one percent of the total number of civilian jobs in that area." Subsec. (c). Pub. L. 109-364, Sec. 2861, added subsec. (c). Subsec. (d)(1). Pub. L. 109-364, Sec. 2862, inserted at end "For purposes of subsection (b)(1)(D), the term 'military installation' includes a military facility owned and operated by any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, or the Virgin Islands, even though the facility is not under the jurisdiction of the Department of Defense, if the Secretary of Defense determines that the military facility is subject to significant use for training by the armed forces." Pub. L. 109-163, Sec. 2832(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The term 'military installation' means any camp, post, station, base, yard, or other installation under the jurisdiction of a military department that is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam." 2002 - Subsec. (c). Pub. L. 107-314 struck out heading and text of subsec. (c). Text read as follows: "The Secretary of Defense shall submit a report not later than December 1 of each year to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives concerning the operation of this section during the preceding fiscal year. Each such report shall identify each State, unit of local government, and regional organization that received a grant under this section during such fiscal year and the total amount granted under this section during such year to each such State, unit of local government, and regional organization." 1999 - Subsec. (c). Pub. L. 106-65 substituted "and the Committee on Armed Services" for "and the Committee on National Security". 1997 - Subsec. (b)(5)(C). Pub. L. 105-85 added subpar. (C). 1996 - Subsec. (b)(5). Pub. L. 104-201 designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (c). Pub. L. 104-106 substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives". 1994 - Subsec. (b)(5) to (7). Pub. L. 103-337, Sec. 1123(a), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). Subsec. (b)(8). Pub. L. 103-337, Sec. 1123(a)(1), (b), redesignated par. (7) as (8) and substituted "paragraph (7)" for "paragraph (6)" in subpars. (A) and (B). Subsec. (d)(3). Pub. L. 103-337, Sec. 1122(a), added par. (3). 1993 - Subsec. (b)(1). Pub. L. 103-35 made technical amendment to directory language of Pub. L. 102-484, Sec. 4301(b)(1)(C). See 1992 Amendment note below. Subsec. (b)(6), (7). Pub. L. 103-160 added pars. (6) and (7). 1992 - Subsec. (a). Pub. L. 102-484, Sec. 4301(c)(1), inserted heading. Subsec. (b). Pub. L. 102-484, Sec. 4301(c)(2), inserted heading. Subsec. (b)(1). Pub. L. 102-484, Sec. 4301(b)(1), as amended by Pub. L. 103-35, substituted ", (D)" for ", or (D)", substituted "(C), or (E)" for "or (C)", and inserted cl. (E) before first reference to "if the Secretary". Pub. L. 102-484, Sec. 1052(28), substituted "publicly announced" for "publicly-announced". Subsec. (b)(3). Pub. L. 102-484, Sec. 4301(b)(2), inserted "the closure or significantly reduced operations of a defense facility," after "Defense spending," in introductory provisions. Subsec. (b)(4), (5). Pub. L. 102-484, Sec. 4301(a)(1), (2), added par. (4) and redesignated former par. (4) as (5). Subsec. (c). Pub. L. 102-484, Sec. 4301(c)(3), inserted heading. Subsec. (d). Pub. L. 102-484, Sec. 4301(b)(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "In this section, the term 'military installation' means any camp, post, station, base, yard, or other installation under the jurisdiction of a military department that is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam." Subsec. (e). Pub. L. 102-484, Sec. 4301(c)(4), inserted heading. 1991 - Subsec. (b)(3). Pub. L. 102-25 substituted "publicly announced" for "publicly-announced" and inserted a comma after "only if the reduction". 1990 - Subsec. (b)(3) to (6). Pub. L. 101-510 added par. (3), redesignated par. (5) as (4), and struck out former pars. (3), (4), and (6), which read as follows: "(3) In the case of the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, assistance may be made under paragraph (1) only if the cancellation, termination, or failure to proceed involves the loss of 2,500 or more full-time Department of Defense and contractor employee positions in the locality of the affected community. "(4) In the case of a publicly-announced planned major reduction in Department of Defense spending that will directly and adversely affect a community, assistance may be made under paragraph (1) only if the publicly-announced planned major reduction will result in the loss of 1,000 or more full-time Department of Defense and contractor employee positions over a five-year period in the locality of the affected community. "(6) Not more than $2,000,000 in assistance may be provided under this subsection in any fiscal year." 1988 - Subsec. (b)(1). Pub. L. 100-456, Sec. 2805(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds made available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments, and regional organizations composed of State and local governments, in planning community adjustments required (A) by the proposed or actual establishment, realignment, or closure of a military installation, or (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, if the Secretary of Defense determines that the action is likely to impose a significant impact on the affected community." Subsec. (b)(4) to (6). Pub. L. 100-456, Sec. 2805(b), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 1987 - Subsec. (d). Pub. L. 100-26 inserted "the term" after "In this section,". 1983 - Subsec. (b)(2). Pub. L. 98-115 substituted "2,000" for "2,500". EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-35 applicable as if included in the enactment of Pub. L. 102-484, see section 202(b) of Pub. L. 103-35, set out as a note under section 155 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Section 2702 of title XXVII of div. B of Pub. L. 100-456 provided that: "Except as otherwise specifically provided, this division [amending this section and sections 2662, 2672, 2809, and 2828 of this title and enacting provisions set out as a note under this section] shall take effect on October 1, 1988, or the date of enactment of this Act [Sept. 29, 1988], whichever is later." EFFECTIVE DATE OF 1983 AMENDMENT Section 808 of Pub. L. 98-115 provided that the amendment made by that section is effective Oct. 1, 1983. ADVANCE ADJUSTMENT PLANNING Section 4301(d) of Pub. L. 102-484 authorized Secretary of Defense, during fiscal year 1993, to make grants and other assistance available under 10 U.S.C. 2391(b) to assist a State or local government in planning community adjustments and economic diversification even though the State or local government currently failed to meet the criteria for assistance under such section if the Secretary determined that a substantial portion of the economic activity or population of the geographic area to be subjected to the adjustment or diversification planning was dependent on Department of Defense expenditures. EFFECT OF 1992 AMENDMENTS ON EFFORTS OF ECONOMIC DEVELOPMENT ADMINISTRATION Section 4301(f) of Pub. L. 102-484 provided that: "Nothing in this section [amending this section and enacting provisions set out as a note above] is intended to replace the efforts of the economic development program administered by the Economic Development Administration of the Department of Commerce." PILOT PROJECT TO IMPROVE ECONOMIC ADJUSTMENT PLANNING Section 4302 of Pub. L. 102-484, as amended by Pub. L. 103-160, div. A, title XIII, Sec. 1323(a), Nov. 30, 1993, 107 Stat. 1790, authorized Secretary of Defense, during fiscal years 1993 and 1994, to conduct a pilot project to examine methods to improve the provision of economic adjustment and diversification assistance under 10 U.S.C. 2391(b)(1) to State and local governments adversely affected by the closure of military installations, the cancellation or completion of defense contracts, or reductions in defense spending. DONATION OF REAL PROPERTY TO NONPROFIT ENTITIES PROVIDING SUPPORT TO CHILDREN WITH LIFE-THREATENING DISEASES Pub. L. 102-172, title VIII, Sec. 8149, Nov. 26, 1991, 105 Stat. 1214, provided that: "(a) The Secretary of Defense, during the current fiscal year or at any time thereafter, may make a donation to an entity described in subsection (b) of a parcel of real property (including structures on such property) under the jurisdiction of the Secretary that is not currently required for the needs of the Department and that the Secretary determines is needed and appropriate for the activities of that entity. "(b) A donation under subsection (a) may be made to a nonprofit entity which provides medical, educational, and emotional support in a recreational setting to children with life-threatening diseases and their families." DEFENSE ECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND STABILIZATION Pub. L. 101-510, div. D, Nov. 5, 1990, 104 Stat. 1848, as amended by Pub. L. 102-190, div. A, title X, Sec. 1062(c), Dec. 5, 1991, 105 Stat. 1475; Pub. L. 102-484, div. D, title XLII, Sec. 4212(b), Oct. 23, 1992, 106 Stat. 2664; Pub. L. 104-201, div. A, title VIII, Sec. 825, Sept. 23, 1996, 110 Stat. 2611; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(6)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-419; Pub. L. 108-136, div. A, title IX, Sec. 932, Nov. 24, 2003, 117 Stat. 1581, provided that: "SEC. 4001. SHORT TITLE "This division may be cited as the 'Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990'. "SEC. 4002. FINDINGS AND POLICY "(a) Findings. - Congress makes the following findings: "(1) There are likely to be significant reductions in the programs, projects, and activities of the Department of Defense during the first several fiscal years following fiscal year 1990. "(2) Such reductions will adversely affect the economies of many communities in the United States and small businesses and civilian workers throughout the United States. "(b) Policy. - In view of the findings expressed in subsection (a), it is the policy of the United States that - "(1) assistance be provided under existing planning assistance programs and economic adjustment assistance programs of the Federal Government to substantially and seriously affected communities, businesses, and workers to the extent necessary to facilitate an orderly transition for such communities, small businesses, and workers from economic reliance on Department of Defense spending to economic reliance on other sources of business, employment, and revenue; and "(2) funding for such programs be increased by amounts necessary to meet the needs of such communities, small businesses, and workers without reducing the funding that would otherwise be available under those programs by reason of causes unrelated to the reductions referred to in subsection (a)(1). "SEC. 4003. DEFINITIONS "For purposes of this division: "(1) The term 'major defense contract or subcontract' means - "(A) any defense contract in an amount not less than $5,000,000 (without regard to the date on which the contract was awarded); and "(B) any subcontract which - "(i) is entered into in connection with a contract (without regard to the effective date of the subcontract); and "(ii) involves not less than $500,000. "(2) The term 'Economic Adjustment Committee' or 'Committee' means the Economic Adjustment Committee established in Executive Order 12049 (10 U.S.C. 111 note). "(3) The term 'defense facility' means any private or government facility producing goods or services pursuant to a defense contract. "(4) The term 'military installation' means a base, camp, post, station, yard, center, or homeport facility for any ship in the United States, or any other facility under the jurisdiction of a military department located in the United States. "(5) The term 'substantially and seriously affected' means - "(A) when such term is used in conjunction with the term 'community', a community - "(i) which has within its administrative and political jurisdiction one or more military installations or defense facilities or which is economically affected by proximity to a military installation or defense facility; "(ii) in which the actual or threatened curtailment, completion, elimination, or realignment of a defense contract results in a workforce reduction of - "(I) 2,500 or more employee positions, in the case of a Metropolitan Statistical Area or similar area (as defined by the Director of the Office of Management and Budget); "(II) 1,000 or more employee positions, in the case of a labor market area outside of a Metropolitan Statistical Area; or "(III) one percent of the total number of civilian jobs in that area; and "(iii) which establishes, by evidence, that any workforce reduction referred to in clause (ii) occurred as a direct result of changes in Department of Defense requirements or programs; "(B) when such term is used in conjunction with the term 'businesses' any business which - "(i) holds a major defense contract or subcontract (or held such contract or subcontract before a reduction in the defense budget); "(ii) experiences a reduction, or the threat of a reduction, of - "(I) 25 percent or more in sales or production; or "(II) 80 percent or more of the workforce of such business in any division of such business or at any plant or other facility of such business; and "(iii) establishes, by evidence, that the reductions referred to in clause (ii) occurred as a direct result of a reduction in the defense budget; and "(C) when such term is used in conjunction with the term 'group of workers', any group of 100 or more workers at a defense facility who are (or who are threatened to be), eligible to participate in the defense conversion adjustment program under section 325 of the Job Training Partnership Act [29 U.S.C. 1662d] (as added by section 4202 of this division), as in effect on the day before the date of enactment of the Workforce Investment Act of 1998 [Aug. 7, 1998]. "SEC. 4004. CONTINUATION OF ECONOMIC ADJUSTMENT COMMITTEE "(a) Termination or Alteration Prohibited. - The Economic Adjustment Committee established in Executive Order 12049 (10 U.S.C. 111 note) may not be terminated and the duties of the Committee may not be significantly altered unless specifically authorized by a law. "(b) Chairman. - The Secretary of Defense shall be the chairman of the Committee. "(c) Executive Council. - Until October 1, 1997, the National Defense Technology and Industrial Base Council shall function as an Executive Council of the Committee. Under the direction of the chairman of the Committee, the Executive Council shall develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to such communities, businesses, and workers under programs administered by the departments and agency comprising the Council. "(d) Duties of Committee. - The Economic Adjustment Committee shall - "(1) coordinate and facilitate cooperative efforts among Federal agencies represented on the Committee to implement defense economic adjustment programs; "(2) serve as an information clearinghouse for and between Federal, State, and local entities regarding their defense economic adjustment efforts; and "(3) submit to the President and Congress, not later than December 1, 1991, and each December 1 thereafter, a report that - "(A) describes Federal economic adjustment programs available to communities, businesses, and groups of workers; "(B) describes the implementation of defense economic adjustment assistance during the preceding fiscal year; and "(C) specifies the number of communities, businesses, and workers affected by defense budget reductions during the preceding fiscal year and such number assisted by Federal economic adjustment programs during that fiscal year. "TITLE XLI - ECONOMIC ADJUSTMENT PLANNING "[SEC. 4101. Repealed. Pub. L. 104-201, div. A, title VIII, Sec. 825, Sept. 23, 1996, 110 Stat. 2611.] "SEC. 4102. ECONOMIC ADJUSTMENT PLANNING ASSISTANCE THROUGH THE DEPARTMENT OF DEFENSE "(a) In General. - Any substantially and seriously affected community shall be eligible for economic adjustment planning assistance through the Office of Economic Adjustment in the Department of Defense under subsection (b) of section 2391 of title 10, United States Code, subject to subsection (e) of such section. Such assistance shall be provided in accordance with the standards, procedures, and priorities established by the Committee under this division. "(b) [Amended section 2391(b) of this title.] "SEC. 4103. COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION "(a) In General. - A community that has been determined by the Economic Development Administration of the Department of Commerce or the Office of Economic Adjustment of the Department of Defense, in accordance with the standards and procedures established by the Economic Adjustment Committee, to be a substantially and seriously affected community shall be eligible for economic adjustment assistance authorized under title IX of the Public Works and Economic Development Act of 1965 [42 U.S.C. 3241 et seq.], subject to the availability of appropriations for such purpose and subject to meeting the eligibility requirements of such title. "(b) Authorization of Appropriations. - There are authorized to be appropriated to the Secretary of Defense for fiscal year 1991 $50,000,000 for purposes of carrying out subsection (a). Any amount appropriated pursuant to this subsection shall remain available until expended. "TITLE XLII - ADJUSTMENT ASSISTANCE FOR EMPLOYEES "[SEC. 4201. Repealed. Pub. L. 104-201, div. A, title VIII, Sec. 825, Sept. 23, 1996, 110 Stat. 2611.] "SEC. 4202. DEFENSE CONVERSION ADJUSTMENT PROGRAM "[Enacted section 1662d of Title 29, Labor.] "SEC. 4203. AUTHORIZATION OF APPROPRIATIONS "(a) Authorization. - There are authorized to be appropriated to the Secretary of Defense $150,000,000 for fiscal year 1991 to carry out section 4201 and the amendment made by section 4202. Amounts appropriated pursuant to this subsection shall remain available until expended. "(b) Administrative Expenses. - Of amounts appropriated pursuant to this section, not more than five percent may be retained by the Secretary of Labor for the administration of the activities authorized by the amendment made by section 4202. "TITLE XLIII - EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS "SEC. 4301. EXPANSION OF SMALL BUSINESS LOAN PROGRAM "Not later than 180 days after the date of the enactment of this Act [Nov. 5, 1990], the President, acting with the assistance of the Committee and after consulting experts in government and the private sector, shall transmit to the Congress recommendations regarding ways that assistance provided pursuant to the business loan program under section 7(a) of the Small Business Act of 1958 [15 U.S.C. 636(a)] may be used to respond to the consequences of defense budget reductions. "SEC. 4302. ECONOMIC PLANNING ASSISTANCE FOR EXCEPTIONAL PROJECTS "(a) Assistance Authorized. - The Economic Development Administration, in the case of assistance under title IX of the Public Works and Economic Development Act of 1965 [42 U.S.C. 3241 et seq.], and the Office of Economic Adjustment, in the case of planning assistance under section 2391(b) of title 10, United States Code, may award planning assistance under those programs to any substantially and seriously affected community, on behalf of a business, group of businesses, or group of workers, if such planning funds are determined by the agency concerned to be necessary and appropriate as a catalyst for projects which the agency determines, on a case-by-case basis, have exceptional promise for achieving the objectives of this division. "(b) Conditions on Assistance. - Awards under this section shall be subject to the availability of appropriations for such purpose and shall be made in accordance with any other applicable provisions of law. "SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN DEFENSE PRODUCTION "(a) Export-Import Bank. - "(1) Sense of congress on plan for expansion. - It is the sense of Congress that the United States businesses undergoing transition from defense production to nondefense production will need assistance in seizing export markets overseas. Therefore, in order to provide financial support for such businesses, as well as meeting other normal demands on its resources, the annual direct lending authority of the Export-Import Bank of the United States should be increased by at least 150 percent from the fiscal year 1990 level over the five-year period beginning October 1, 1990. "(2) Report of feasibility. - Before September 30, 1990, the President, acting with the assistance of the Committee and after consulting the Board of Directors of the Export-Import Bank of the United States and other experts in government and the private sector, shall transmit to the Congress a report assessing the feasibility and desirability of a program for increasing the amount of direct loan authority in the manner described in paragraph (1) and the factors considered in making such assessment. "(3) Transition to nondefense production required to be considered. - In determining whether to provide financial support for an export transaction, the Export-Import Bank of the United States shall take into account, to the extent feasible and in accordance with applicable standards and procedures established by the bank in consultation with the Committee, the fact that the product or service is produced or provided by any business or group of workers which - "(A) was substantially and seriously affected by defense budget reductions; and "(B) is in transition from defense to nondefense production. "(b) SBA Use of Authority for Export Financing Assistance. - In determining whether to provide financial or other assistance under the Small Business Act [15 U.S.C. 631 et seq.], title VIII of the Omnibus Trade and Competitiveness Act of 1988 [Pub. L. 100-418, see Short Title of 1988 Amendments note set out under section 631 of Title 15, Commerce and Trade], or any program referred to in section 4301 to any small business involved in, or attempting to become involved in, the export of any product or service, the Administrator of the Small Business Administration shall take into account the fact that such product or service is produced or provided by any business or group of workers which - "(1) has been substantially and seriously affected by defense budget reductions; and "(2) is in transition from defense to nondefense production. "(c) Coordination and Integration of Activities and Assistance with Other Agencies. - In providing additional financial assistance pursuant to any increase in loan authority under this division - "(1) Federal agencies concerned with international trade shall participate in the process of coordination conducted by the Committee pursuant to section 4004(c)(1); and "(2) such Federal agencies shall attempt, to the maximum extent practicable, to coordinate and integrate the activities and assistance of the agencies in support of exports, including financial assistance in the form of direct loans, loan guarantees, and insurance, general trade promotion, marketing assistance, and marketing and commercial information, in a manner consistent with the purposes of this division (and the amendments made by this division to other provisions of law). "(d) Reporting. - The annual reports made by the Export-Import Bank of the United States and the Administrator of the Small Business Administration and the annual economic stabilization and adjustment report under section 4004(c)(3) of this division shall include a description of the extent to which the bank and the Administrator are - "(1) providing financing described in subsections (a)(2) and (b), respectively, to businesses or groups of workers which were substantially and seriously affected by defense budget reductions; and "(2) coordinating and integrating export support and financing activities with other Federal agencies. "SEC. 4304. BENEFIT INFORMATION FOR BUSINESSES "(a) Information Required To Be Provided. - The Secretary of Commerce and the Administrator of the Small Business Administration shall provide any business affected by defense budget reductions with a complete description of available programs which provide any business, whether on an industrywide or an individual basis, with any planning assistance, financial, technical, or managerial assistance, worker retraining assistance, or other assistance authorized under this division. "(b) Effective Notification System. - The Secretary of Commerce and the Administrator of the Small Business Administration shall take such action as may be appropriate to ensure, to the maximum extent practicable, that each business affected by defense budget reductions receives the information required to be provided under subsection (a) on a timely basis." COMMISSION ON ALTERNATIVE UTILIZATION OF MILITARY FACILITIES Section 2819 of Pub. L. 100-456, as amended by Pub. L. 101-510, div. B, title XXIX, Sec. 2922(a), Nov. 5, 1990, 104 Stat. 1820, established Commission on Alternative Utilization of Military Facilities and required Commission to submit reports to President and Congress not later than Sept. 1 of every second year through fiscal year 1996, prior to repeal by Pub. L. 105-261, div. A, title X, Sec. 1031(b), Oct. 17, 1998, 112 Stat. 2123. SUBMISSION DATE FOR FIRST REPORT Section 912(c) of Pub. L. 97-86 required the first report under subsec. (c) of this section to be submitted not later than Dec. 1, 1982. -EXEC- EX. ORD. NO. 12682. COMMISSION ON ALTERNATIVE UTILIZATION OF MILITARY FACILITIES Ex. Ord. No. 12682, July 7, 1989, 54 F.R. 29315, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including section 2819 of the Military Construction Authorization Act, 1989 (Public Law 100- 456) [10 U.S.C. 2391 note], it is hereby ordered as follows: Section 1. (a) I hereby establish the Commission on Alternative Utilization of Military Facilities ("Commission"). (b) The Commission shall consist of a representative of the Department of Defense designated by the Secretary of Defense, a representative of the Federal Bureau of Prisons designated by the Attorney General, a representative of the National Institute on Drug Abuse designated by the Secretary of Health and Human Services, a representative of the General Services Administration designated by the Administrator of General Services, a representative of the Department of Housing and Urban Development designated by the Secretary of Housing and Urban Development, and a representative of the Office of National Drug Control Policy designated by the Director of the Office of National Drug Control Policy. The representative of the Department of Defense shall chair the Commission. (c) The Secretary of Defense shall provide such personnel and support to the Commission as the Secretary determines is necessary to accomplish its mission. Sec. 2. (a) Subject to subsection (b), the Secretary of Defense shall prepare and submit to the Commission reports listing active and nonactive military facilities that are underutilized in whole or in part or otherwise excess to the needs of the Department of Defense. (b) The first such report shall be prepared and submitted as soon as possible for inclusion in the first report of the Commission. The second report shall be prepared and submitted on January 30, 1990, and succeeding reports shall be prepared and submitted every other year commencing on January 30, 1992, and continuing until January 30, 1996. Sec. 3. (a) Subject to subsection (b), the Commission shall submit a report to the President and then to the Congress that identifies those facilities, or parts of facilities, from the list submitted by the Secretary of Defense under Section 2 that could be effectively utilized or renovated to serve as: (1) minimum security facilities for nonviolent prisoners, (2) drug treatment facilities for nonviolent drug abusers, and (3) facilities to assist the homeless. (b) The first report of the Commission shall be submitted to the President and then to the Congress by September 1, 1989. The second, and succeeding reports of the Commission, shall be submitted to the President and then to the Congress no later than September 1, 1990, and every second year through September 1, 1996. George Bush. EX. ORD. NO. 12788. DEFENSE ECONOMIC ADJUSTMENT PROGRAM Ex. Ord. No. 12788, Jan. 15, 1992, 57 F.R. 2213, as amended by Ex. Ord. No. 13286, Sec. 33, Feb. 28, 2003, 68 F.R. 10625; Ex. Ord. No. 13378, May 12, 2005, 70 F.R. 28413, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including 10 U.S.C. 2391 and the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, enacted as Division D, section 4001 et seq., of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101-510 [set out above], and to provide coordinated Federal economic adjustment assistance necessitated by changes in Department of Defense activities, it is hereby ordered as follows: Section 1. Function of the Secretary of Defense. The Secretary of Defense shall, through the Economic Adjustment Committee, design and establish a Defense Economic Adjustment Program. Sec. 2. Purpose of the Defense Economic Adjustment Program. The Defense Economic Adjustment Program shall (1) assist substantially and seriously affected communities, businesses, and workers from the effects of major Defense base closures, realignments, and Defense contract-related adjustments, and (2) assist State and local governments in preventing the encroachment of civilian communities from impairing the operational utility of military installations. Sec. 3. Functions of the Defense Economic Adjustment Program. The Defense Economic Adjustment Program shall: (a) Identify problems of States, regions, metropolitan areas, or communities that result from major Defense base closures, realignments, and Defense contract-related adjustments, and the encroachment of the civilian community on the mission of military installations and that require Federal assistance; (b) Use and maintain a uniform socioeconomic impact analysis to justify the use of Federal economic adjustment resources, prior to particular realignments; (c) Apply consistent policies, practices, and procedures in the administration of Federal programs that are used to assist Defense- affected States, regions, metropolitan areas, communities, and businesses; (d) Identify and strengthen existing agency mechanisms to coordinate employment opportunities for displaced agency personnel; (e) Identify and strengthen existing agency mechanisms to improve reemployment opportunities for dislocated Defense industry personnel; (f) Assure timely consultation and cooperation with Federal, State, regional, metropolitan, and community officials concerning Defense-related impacts on Defense-affected communities' problems; (g) Assure coordinated interagency and intergovernmental adjustment assistance concerning Defense impact problems; (h) Prepare, facilitate, and implement cost-effective strategies and action plans to coordinate interagency and intergovernmental economic adjustment efforts; (i) Encourage effective Federal, State, regional, metropolitan, and community cooperation and concerted involvement of public interest groups and private sector organizations in Defense economic adjustment activities; (j) Serve as a clearinghouse to exchange information among Federal, State, regional, metropolitan, and community officials involved in the resolution of community economic adjustment problems. Such information may include, for example, previous studies, technical information, and sources of public and private financing; (k) Assist in the diversification of local economies to lessen dependence on Defense activities; (l) Encourage and facilitate private sector interim use of lands and buildings to generate jobs as military activities diminish;, [sic] (m) Develop ways to streamline property disposal procedures to enable Defense-impacted communities to acquire base property to generate jobs as military activities diminish; and (n) Encourage resolution of regulatory issues that impede encroachment prevention and local economic adjustment efforts. Sec. 4. Economic Adjustment Committee. (a) Membership. The Economic Adjustment Committee ("Committee") shall be composed of the following individuals, or a designated principal deputy of these individuals, and such other individuals from the executive branch as the President may designate. Such individuals shall include the: (1) Secretary of Agriculture; (2) Attorney General; (3) Secretary of Commerce; (4) Secretary of Defense; (5) Secretary of Education; (6) Secretary of Energy; (7) Secretary of Health and Human Services; (8) Secretary of Housing and Urban Development; (9) Secretary of the Interior; (10) Secretary of Labor; (11) Secretary of State; (12) Secretary of Transportation; (13) Secretary of the Treasury; (14) Secretary of Veterans Affairs; (15) Secretary of Homeland Security; (16) Chairman, Council of Economic Advisers; (17) Director of the Office of Management and Budget; (18) Director of the Office of Personnel Management; (19) Administrator of the Environmental Protection Agency; (20) Administrator of General Services; (21) Administrator of the Small Business Administration; and, (22) Postmaster General. (b) Chairman. The Secretary of Defense, or the Secretary's designee, shall chair the Committee. (c) Vice Chairman. The Secretaries of Labor and Commerce shall serve as Vice Chairmen of the Committee. The Vice Chairmen shall co- chair the Committee in the absence of both the Chairman and the Chairman's designee and may also preside over meetings of designated representatives of the concerned executive agencies. (d) Executive Director. The head of the Department of Defense's Office of Economic Adjustment shall provide all necessary policy and administrative support for the Committee and shall be responsible for coordinating the application of the Defense Economic Adjustment Program to Department of Defense activities. (e) Duties. The Committee shall: (1) Advise, assist, and support the Defense Economic Adjustment Program; (2) Develop procedures for ensuring that State, regional, and community officials and representatives of organized labor in those States, municipalities, localities, or labor organizations that are substantially and seriously affected by changes in Defense expenditures, realignments or closures, or cancellation or curtailment of major Defense contracts, are notified of available Federal economic adjustment programs; and, (3) Report annually to the President and then to the Congress on the work of the Economic Adjustment Committee during the preceding fiscal year. Sec. 5. Responsibilities of Executive Agencies. (a) The head of each agency represented on the Committee shall designate an agency representative to: (1) Serve as a liaison with the Secretary of Defense's economic adjustment staff; (2) Coordinate agency support and participation in economic adjustment assistance projects; and, (3) Assist in resolving Defense-related impacts on Defense- affected communities. (b) All executive agencies shall: (1) Support, to the extent permitted by law, the economic adjustment assistance activities of the Secretary of Defense. Such support may include the use and application of personnel, technical expertise, legal authorities, and available financial resources. This support may be used, to the extent permitted by law, to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and communities adversely affected by necessary Defense changes; (2) Afford priority consideration to requests from Defense- affected communities for Federal technical assistance, financial resources, excess or surplus property, or other requirements, that are part of a comprehensive plan used by the Committee. Sec. 6. Judicial Review. This order shall not be interpreted to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, its agents, or any person. Sec. 7. Construction. (a) Nothing in this order shall be construed as subjecting any function vested by law in, or assigned pursuant to law to, any agency or head thereof to the authority of any other agency or officer or as abrogating or restricting any such function in any manner. (b) This order shall be effective immediately and shall supersede Executive Order No. 12049. [Amendment by Ex. Ord. 13378 directing insertion of "and" after "diminish;" in section 3(m) of Ex. Ord. 12788, was executed by substituting "; and" for the comma after "diminish".] -End- -CITE- 10 USC Sec. 2392 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2392. Prohibition on use of funds to relieve economic dislocations -STATUTE- (a) In order to help avoid the uneconomic use of Department of Defense funds in the procurement of goods and services, the Congress finds that it is necessary to prohibit the use of such funds for certain purposes. (b) No funds appropriated to or for the use of the Department of Defense may be used to pay, in connection with any contract awarded by the Department of Defense, a price differential for the purpose of relieving economic dislocations. -SOURCE- (Added Pub. L. 97-86, title IX, Sec. 913(a)(1), Dec. 1, 1981, 95 Stat. 1123.) -MISC1- CONTRACTS MADE BY DEFENSE LOGISTICS AGENCY; PAYMENTS OF PRICE DIFFERENTIALS TO RELIEVE ECONOMIC DISLOCATIONS; TEST PROGRAM; INTERIM REPORTS Pub. L. 97-252, title XI, Sec. 1109, Sept. 8, 1982, 96 Stat. 746, as amended by Pub. L. 98-94, title XII, Sec. 1205, Sept. 24, 1983, 97 Stat. 683; Pub. L. 98-525, title XII, Sec. 1254, Oct. 19, 1984, 98 Stat. 2611, authorized the Secretary of Defense to conduct a test program during fiscal years 1983, 1984, and 1985 to test the effect of exempting certain contracts of the Department of Defense from the provisions of this section and paying a price differential under such contracts for the purpose of relieving economic dislocations, provided that the Secretary could exempt any contract (other than a contract for the purchase of fuel) made by the Defense Logistics Agency during fiscal years 1983, 1984, and 1985 if the contract was to be awarded to an individual or firm located in a Labor Surplus Area, and directed the President to submit a report to Congress not later than Apr. 15, 1983, Apr. 15, 1984, and Apr. 15, 1985, on the implementation and results to that date of the program. Similar provisions were contained in Pub. L. 97-86, title IX, Sec. 913(b), (c), Dec. 1, 1981, 95 Stat. 1124. -End- -CITE- 10 USC Sec. 2393 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2393. Prohibition against doing business with certain offerors or contractors -STATUTE- (a)(1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary's knowledge has been debarred or suspended by another Federal agency unless - (A) in the case of debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and (B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired. (2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor. (b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice in a file available for public inspection. (c) In this section: (1) The term "debar" means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. (2) The term "suspend" means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting for a temporary period of time because a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct. (d) The Secretary of Defense shall prescribe in regulations a requirement that each contractor under contract with the Department of Defense shall require each contractor to whom it awards a contract (in this section referred to as a subcontractor) to disclose to the contractor whether the subcontractor is or is not, as of the time of the award of the subcontract, debarred or suspended by the Federal Government from Government contracting or subcontracting. The requirement shall apply to any subcontractor whose subcontract is in an amount greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))). The requirement shall not apply in the case of a subcontract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))). -SOURCE- (Added Pub. L. 97-86, title IX, Sec. 914(a), Dec. 1, 1981, 95 Stat. 1124; amended Pub. L. 100-180, div. A, title XII, Sec. 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101-510, div. A, title VIII, Sec. 813, Nov. 5, 1990, 104 Stat. 1596; Pub. L. 102-190, div. A, title X, Sec. 1061(a)(11), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103-355, title IV, Sec. 4102(e), title VIII, Sec. 8105(c), Oct. 13, 1994, 108 Stat. 3340, 3392.) -MISC1- AMENDMENTS 1994 - Subsec. (d). Pub. L. 103-355 substituted "greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))." for "above the small purchase amount established in section 2304(g) of this title." in second sentence and inserted at end "The requirement shall not apply in the case of a subcontract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))." 1991 - Subsec. (d). Pub. L. 102-190 substituted "Federal Government" for "Federal government". 1990 - Subsec. (d). Pub. L. 101-510 added subsec. (d). 1987 - Subsec. (c). Pub. L. 100-180 inserted "The term" after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103- 355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of Title 41, Public Contracts. -End- -CITE- 10 USC Sec. 2394 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- [Sec. 2394. Renumbered Sec. 2922a] -COD- CODIFICATION Another section 2394 was renumbered section 2395 of this title. -End- -CITE- 10 USC Sec. 2394a 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- [Sec. 2394a. Renumbered Sec. 2922b] -STATUTE- -End- -CITE- 10 USC Sec. 2395 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2395. Availability of appropriations for procurement of technical military equipment and supplies -STATUTE- Funds appropriated to the Department of Defense for the procurement of technical military equipment and supplies remain available until spent. -SOURCE- (Added Pub. L. 97-258, Sec. 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1052, Sec. 2394; renumbered Sec. 2395 and amended Pub. L. 97-295, Sec. 1(28)(A), Oct. 12, 1982, 96 Stat. 1291.) -MISC1- HISTORICAL AND REVISION NOTES 1982 ACT (PUB. L. 97-258) -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2394 31:649c(1). Aug. 10, 1956, ch. 1041, Sec. 40(1), 70A Stat. 636; Nov. 17, 1971, Pub. L. 92-156, Sec. 201(b), 85 Stat. 424. -------------------------------------------------------------------- The words "Unless otherwise provided in the appropriation Act concerned" are omitted as unnecessary and for consistency. The word "Funds" is substituted for "moneys" for consistency in title 10. The word "military" is added before "public" for clarity. The words "including moneys appropriated to the Department of the Navy for the procurement and construction of guided missiles" are omitted as included in "technical military equipment". 1982 ACT (PUB. L. 97-295) -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2395 10:2394. Sept. 13, 1982, Pub. L. 97-258, Sec. 2(b)(4)(B), 96 Stat. 1053. -------------------------------------------------------------------- This redesignates 10:2394 (enacted by Pub. L. 97-258) as 10:2395 because of the enactment of another 10:2394 by Pub. L. 97-214, Sec. 6(a)(1), July 12, 1982, 96 Stat. 171, and amends the section generally to eliminate the words "and the construction of military public works" because of section 10(b)(5) of the Military Construction Codification Act (Pub. L. 97-214, July 12, 1982, 96 Stat. 176) which struck corresponding words from the source statute for 10:2394 subsequent to Apr. 15, 1982, the cut-off date prescribed by section 4(a) of Pub. L. 97-258, section 2(b)(4)(B) of which enacted 10:2394. -COD- CODIFICATION Another section 2395 was renumbered section 2396 of this title. -MISC2- AMENDMENTS 1982 - Pub. L. 97-295 struck out "and the construction of military public works" after "supplies". -End- -CITE- 10 USC Sec. 2396 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 141 - MISCELLANEOUS PROCUREMENT PROVISIONS -HEAD- Sec. 2396. Advances for payments for compliance with foreign laws, rent in foreign countries, tuition, public utility services, and pay and supplies of armed forces of friendly foreign countries -STATUTE- (a) An advance under an appropriation to the Department of Defense may be made to pay for - (1) compliance with laws and ministerial regulations of a foreign country; (2) rent in a foreign country for periods of time determined by local custom; (3) tuition; and (4) public service utilities. (b)(1) Under regulations prescribed by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service of the Navy, an officer of an armed force of the United States accountable for public money may advance amounts to a disbursing official of a friendly foreign country or members of an armed force of a friendly foreign country for - (A) pay and allowances to members of the armed force of that country; and (B) necessary supplies and services. (2) An advance may be made under this subsection only if the President has made an agreement with the foreign country - (A) requiring reimbursement to the United States for amounts advanced; (B) requiring the appropriate authority of the country to advance amounts reciprocally to members of the armed forces of the United States; and (C) containing any other provision the President considers necessary to carry out this subsection and to safeguard the interests of the United States. -SOURCE- (Added Pub. L. 97-258, Sec. 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1053, Sec. 2395; renumbered Sec. 2396 and amended Pub. L. 97-295, Sec. 1(28)(B), Oct. 12, 1982, 96 Stat. 1291; Pub. L. 105-85, div. A, title X, Sec. 1014(a), (b)(1), Nov. 18, 1997, 111 Stat. 1875; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) -MISC1- HISTORICAL AND REVISION NOTES 1982 ACT (PUB. L. 97-258) -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2395(a) 31:529i. July 13, 1955, ch. 358, Sec. 602, 69 Stat. 314. 2395(b) 31:529j. Oct. 19, 1965, Pub. L. 89-265, 79 Stat. 989. -------------------------------------------------------------------- In subsection (a), the words "On and after July 13, 1955" are omitted as executed. The words "An advance" are substituted for "section 529 of this title shall not apply in the case of payments" because of the restatement. In subsection (b), the words "armed force of the United States" are substituted for "Army, Navy, Air Force, Marine Corps, or Coast Guard" because of 10:101(4) and to avoid confusion with the phrase "armed force of a friendly foreign country". In subsection (b)(1), before clause (A), the words "the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy" are substituted for "the Secretary of the Treasury in their respective areas of