PART IV—SERVICE, SUPPLY, AND PROCUREMENT
Amendments
1997—
1996—
1994—
1993—
1992—
1991—
1990—
1989—
1988—
1987—
1986—
1984—
1982—
1980—
Cross References
Particular provisions relating to—
Air Force, see
Army, see
National Guard, see
Navy, see
CHAPTER 131 —PLANNING AND COORDINATION
Amendments
1999—
1998—
1997—
1996—
1994—
1993—
1992—
1991—
1990—
1988—
1986—
1982—
1978—
1962—
1958—
§2201. Apportionment of funds: authority for exemption; excepted expenses
(a)
(b)
(c)
(d)
(Added
Historical and Revision Notes
Section is based on
In two instances, the source law to be codified by the bill includes provisions that on their face require that the Department of Defense notify Congress of certain actions. These notification requirements were terminated by section 602 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (
Prior Provisions
A prior section 2201, act Aug. 10, 1956, ch. 1041,
Amendments
1999—Subsec. (d).
§2202. Regulations on procurement, production, warehousing, and supply distribution functions
The Secretary of Defense shall prescribe regulations governing the performance within the Department of Defense of the procurement, production, warehousing, and supply distribution functions, and related functions, of the Department of Defense.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2202 | 41:162. | July 10, 1952, ch. 630, §638, |
The words "an officer or agency * * * may * * * only" are substituted for the words "no officer or agency * * * shall * * * except". The word "of", before the words "the Department", is substituted for the words "in or under". The words "under regulations prescribed" are substituted for the words "in accordance with regulations issued". The words "after the effective date of this section" and 41:162(b) are omitted as executed. The words "or equipment" are omitted as covered by the definition of "supplies" in
Amendments
1994—
"(a) Notwithstanding any other provision of law, an officer or agency of the Department of Defense may obligate funds for procuring, producing, warehousing, or distributing supplies, or for related functions of supply management, only under regulations prescribed by the Secretary of Defense. The purpose of this section is to achieve the efficient, economical, and practical operation of an integrated supply system to meet the needs of the military departments without duplicate or overlapping operations or functions.
"(b) Except as otherwise provided by law, the availability for obligation of funds appropriated for any program, project, or activity of the Department of Defense expires at the end of the three-year period beginning on the date that such funds initially become available for obligation unless before the end of such period the Secretary of Defense enters into a contract for such program, project, or activity."
1987—
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
§2203. Budget estimates
To account for, and report, the cost of performance of readily identifiable functional programs and activities, with segregation of operating and capital programs, budget estimates of the Department of Defense shall be prepared, presented, and justified, where practicable, and authorized programs shall be administered, in such form and manner as the Secretary of Defense, subject to the authority and direction of the President, may prescribe. As far as practicable, budget estimates and authorized programs of the military departments shall be uniform and in readily comparable form. The budget for the Department of Defense submitted to Congress for each fiscal year shall include data projecting the effect of the appropriations requested for materiel readiness requirements. The Secretary of Defense shall provide that the budget justification documents for such budget include information on the number of employees of contractors estimated to be working on contracts of the Department of Defense during the fiscal year for which the budget is submitted. Such information shall be set forth in terms of employee-years or such other measure as will be uniform and readily comparable with civilian personnel of the Department of Defense.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2203 | 5:172b. | July 26, 1947, ch. 343, §403; added Aug. 10, 1949, ch. 412, §11 (5th and 6th pars.), |
The word "prescribe" is substituted for the word "determine".
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2203 (last sentence) | 10:2203 (note). | July 30, 1977, |
The words "for fiscal year 1979" are omitted as executed. The words "for each fiscal year" are substituted for "subsequent fiscal years" for consistency.
Amendments
1986—
1982—
Presidential Recommendations Respecting Modifications in Cruise Missile Program
Report to Congressional Committees on Material Readiness Requirements for Armed Forces
Modifications in United States Strategic Arms Programs on Recommendation of President
§2204. Obligation of appropriations
To prevent overdrafts and deficiencies in the fiscal year for which appropriations are made, appropriations made to the Department of Defense or to a military department, and reimbursements thereto, are available for obligation and expenditure only under scheduled rates of obligation, or changes thereto, that have been approved by the Secretary of Defense. This section does not prohibit the Department of Defense from incurring a deficiency that it has been authorized by law to incur.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2204 | 5:172c. | July 26, 1947, ch. 343, §404; added Aug. 10, 1949, ch. 412, §11 (7th par.), |
The words "on and after the beginning of the next fiscal year following August 10, 1949," are omitted as executed. The last sentence is substituted for the proviso in
Section Referred to in Other Sections
This section is referred to in
§2205. Reimbursements
(a)
(b)
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2205 | 5:172g. | July 26, 1947, ch. 343, §408; added Aug. 10, 1949, ch. 412, §11 (23d par.), |
Amendments
1994—
1982—
1980—
Effective Date of 1980 Amendment
Amendment by
§2206. Disbursement of funds of military department to cover obligation of another agency of Department of Defense
As far as authorized by the Secretary of Defense, a disbursing official of a military department may, out of available advances, make disbursements to cover obligations in connection with any function, power, or duty of another department or agency of the Department of Defense and charge those disbursements on vouchers, to the appropriate appropriation of that department or agency. Disbursements so made shall be adjusted in settling the accounts of the disbursing official.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2206 | 5:172h. 5:171n(a) (as applicable to 5:172h). |
July 26, 1947, ch. 343, §409; added Aug. 10, 1949, ch. 412, §11 (24th par.), |
July 26, 1947, ch. 343, §308(a) (as applicable to §409), |
The word "agency" is substituted for the word "organization". The last sentence is substituted for the proviso in
Amendments
1982—
§2207. Expenditure of appropriations: limitation
(a) Money appropriated to the Department of Defense may not be spent under a contract other than a contract for personal services unless that contract provides that—
(1) the United States may, by written notice to the contractor, terminate the right of the contractor to proceed under the contract if the Secretary concerned or his designee finds, after notice and hearing, that the contractor, or his agent or other representative, offered or gave any gratuity, such as entertainment or a gift, to an officer, official, or employee of the United States to obtain a contract or favorable treatment in the awarding, amending, or making of determinations concerning the performance, of a contract; and
(2) if a contract is terminated under clause (1), the United States has the same remedies against the contractor that it would have had if the contractor had breached the contract and, in addition to other damages, is entitled to exemplary damages in an amount at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned.
The existence of facts upon which the Secretary makes findings under clause (1) may be reviewed by any competent court.
(b) This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2207 | 5:174d. | June 30, 1954, ch. 432, §719, |
The following substitutions are made: "spent" for "expended"; "United States" for "Government"; "if a contract is terminated under clause (1)" for "that in the event any such contract is so terminated"; and "has . . . that it would have had if" for "shall be entitled . . . to pursue . . . as it could pursue in the event of". The word "official" is inserted for clarity. The words "entered into after June 30, 1954" are omitted as executed.
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in
§2208. Working-capital funds
(a) To control and account more effectively for the cost of programs and work performed in the Department of Defense, the Secretary of Defense may require the establishment of working-capital funds in the Department of Defense to—
(1) finance inventories of such supplies as he may designate; and
(2) provide working capital for such industrial-type activities, and such commercial-type activities that provide common services within or among departments and agencies of the Department of Defense, as he may designate.
(b) Upon the request of the Secretary of Defense, the Secretary of the Treasury shall establish working-capital funds established under this section on the books of the Department of the Treasury.
(c) Working-capital funds shall be charged, when appropriate, with the cost of—
(1) supplies that are procured or otherwise acquired, manufactured, repaired, issued, or used; and
(2) services or work performed;
including applicable administrative expenses, and be reimbursed from available appropriations or otherwise credited for those costs, including applicable administrative expenses and costs of using equipment.
(d) The Secretary of Defense may provide capital for working-capital funds by capitalizing inventories. In addition, such amounts may be appropriated for the purpose of providing capital for working-capital funds as have been specifically authorized by law.
(e) Subject to the authority and direction of the Secretary of Defense, the Secretary of each military department shall allocate responsibility for its functions, powers, and duties to accomplish the most economical and efficient organization and operation of the activities, and the most economical and efficient use of the inventories, for which working-capital funds are authorized by this section.
(f) The requisitioning agency may not incur a cost for supplies drawn from inventories, or services or work performed by industrial-type or commercial-type activities for which working-capital funds may be established under this section, that is more than the amount of appropriations or other funds available for those purposes.
(g) The appraised value of supplies returned to working-capital funds by a department, activity, or agency may be charged to that fund. The proceeds thereof shall be credited to current applicable appropriations and are available for expenditure for the same purposes that those appropriations are so available. Credits may not be made to appropriations under this subsection as the result of capitalization of inventories under subsection (d).
(h) The Secretary of Defense shall prescribe regulations governing the operation of activities and use of inventories authorized by this section. The regulations may, if the needs of the Department of Defense require it and it is otherwise authorized by law, authorize supplies to be sold to, or services to be rendered or work performed for, persons outside the Department of Defense. However, supplies available in inventories financed by working capital funds established under this section may be sold to contractors for use in performing contracts with the Department of Defense. Working-capital funds shall be reimbursed for supplies so sold, services so rendered, or work so performed by charges to applicable appropriations or payments received in cash.
(i) For provisions relating to sales outside the Department of Defense of manufactured articles and services by a working-capital funded Army industrial facility (including a Department of the Army arsenal) that manufactures large caliber cannons, gun mounts, recoil mechanisms, ammunition, munitions, or components thereof, see
(j)(1) The Secretary of a military department may authorize a working capital funded industrial facility of that department to manufacture or remanufacture articles and sell these articles, as well as manufacturing, remanufacturing, and engineering services provided by such facilities, to persons outside the Department of Defense if—
(A) the person purchasing the article or service is fulfilling a Department of Defense contract or a subcontract under a Department of Defense contract; and
(B) the solicitation for the contract or subcontract is open to competition between Department of Defense activities and private firms.
(2) The Secretary of Defense may waive the conditions in paragraph (1) in the case of a particular sale if the Secretary determines that the waiver is necessary for reasons of national security and notifies Congress regarding the reasons for the waiver.
(k)(1) Subject to paragraph (2), a contract for the procurement of a capital asset financed by a working-capital fund may be awarded in advance of the availability of funds in the working-capital fund for the procurement.
(2) Paragraph (1) applies to any of the following capital assets that have a development or acquisition cost of not less than $100,000:
(A) An unspecified minor military construction project under
(B) Automatic data processing equipment or software.
(C) Any other equipment.
(D) Any other capital improvement.
(l)(1) An advance billing of a customer of a working-capital fund may be made if the Secretary of the military department concerned submits to Congress written notification of the advance billing within 30 days after the end of the month in which the advanced billing was made. The notification shall include the following:
(A) The reasons for the advance billing.
(B) An analysis of the effects of the advance billing on military readiness.
(C) An analysis of the effects of the advance billing on the customer.
(2) The Secretary of Defense may waive the notification requirements of paragraph (1)—
(A) during a period of war or national emergency; or
(B) to the extent that the Secretary determines necessary to support a contingency operation.
(3) The total amount of the advance billings rendered or imposed for all working-capital funds of the Department of Defense in a fiscal year may not exceed $1,000,000,000.
(4) In this subsection:
(A) The term "advance billing", with respect to a working-capital fund, means a billing of a customer by the fund, or a requirement for a customer to reimburse or otherwise credit the fund, for the cost of goods or services provided (or for other expenses incurred) on behalf of the customer that is rendered or imposed before the customer receives the goods or before the services have been performed.
(B) The term "customer" means a requisitioning component or agency.
(m)
(n)
(o)
(A) Amounts necessary to recover the full costs of the goods and services provided for that activity.
(B) Amounts for depreciation of capital assets, set in accordance with generally accepted accounting principles.
(2) Charges for goods and services provided through a working-capital fund may not include the following:
(A) Amounts necessary to recover the costs of a military construction project (as defined in
(B) Amounts necessary to cover costs incurred in connection with the closure or realignment of a military installation.
(C) Amounts necessary to recover the costs of functions designated by the Secretary of Defense as mission critical, such as ammunition handling safety, and amounts for ancillary tasks not directly related to the mission of the function or activity managed through the fund.
(p)
(q)
(1) A detailed report that contains a statement of all receipts and disbursements of the fund (including such a statement for each subaccount of the fund) for the fiscal year ending in the year preceding the year in which the budget is submitted.
(2) A detailed proposed budget for the operation of the fund for the fiscal year for which the budget is submitted.
(3) A comparison of the amounts actually expended for the operation of the fund for the fiscal year referred to in paragraph (1) with the amount proposed for the operation of the fund for that fiscal year in the President's budget.
(4) A report on the capital asset subaccount of the fund that contains the following information:
(A) The opening balance of the subaccount as of the beginning of the fiscal year in which the report is submitted.
(B) The estimated amounts to be credited to the subaccount in the fiscal year in which the report is submitted.
(C) The estimated amounts of outlays to be paid out of the subaccount in the fiscal year in which the report is submitted.
(D) The estimated balance of the subaccount at the end of the fiscal year in which the report is submitted.
(E) A statement of how much of the estimated balance at the end of the fiscal year in which the report is submitted will be needed to pay outlays in the immediately following fiscal year that are in excess of the amount to be credited to the subaccount in the immediately following fiscal year.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2208(a) 2208(b) 2208(c) 2208(d) |
5:172d(a). 5:172d(b). 5:172d(c) (less 2d sentence). 5:172d(d). |
July 26, 1947, ch. 343, §405; added Aug. 10, 1949, ch. 412, §11 (8th through 15th pars.), |
2208(e) | 5:172d(e) | |
2208(f) | 5:172d(f). | |
2208(g) | 5:172d(h). | |
2208(h) | 5:172d(g). | |
2208(i) | 5:172d(c) (2d sentence). |
In subsection (a)(1), (c)(1), (f), (g), and (h), the words "stores, . . . materials, and equipment" are omitted as covered by the word "supplies", as defined in
In subsection (c), the word "used" is substituted for the word "consumed". The words "and costs of using equipment" are inserted to reflect an opinion of the Assistant General Counsel (Fiscal Matters), Department of Defense, February 2, 1960.
In subsection (d), the first sentence (less 1st 18 words) of
In subsection (h), the following substitutions are made: "prescribe" for "issue"; and "persons" for "purchasers or users". The word "shall" is substituted for the words "is authorized to" in the first sentence and for the word "may" in the last sentence to reflect the opinion of the Assistant General Counsel (Fiscal Matters), October 2, 1959, that the source law requires the action in question.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2208(h) (3d sentence) | 10:2208 (note). | Dec. 21, 1979, |
The word "hereafter" is omitted as executed.
Prior Provisions
Provisions similar to those in subsecs. (m) to (q) of this section were contained in
Amendments
1999—Subsec. (j).
Subsec. (l)(2)(A).
1998—Subsec. (l)(3), (4).
Subsecs. (m) to (q).
1997—Subsec. (k).
Subsec. (l).
1993—Subsec. (i).
1992—Subsec. (j).
1991—Subsecs. (j), (k).
1990—Subsec. (i)(1).
"(1) Regulations under subsection (h) may authorize an article manufactured by a working-capital funded Department of the Army arsenal that manufactures large caliber cannons, gun mounts, or recoil mechanisms to be sold to a person outside the Department of Defense if—
"(A) the article is sold to a United States manufacturer, assembler, or developer (i) for use in developing new products, or (ii) for incorporation into items to be sold to, or to be used in a contract with, an agency of the United States or a friendly foreign government;
"(B) the purchaser is determined by the Department of Defense to be qualified to carry out the proposed work involving the article to be purchased;
"(C) the article is not readily available from a commercial source in the United States; and
"(D) the sale is to be made on a basis that does not interfere with performance of work by the arsenal for the Department of Defense or for a contractor of the Department of Defense.
"(2) Services related to an article sold under this subsection may also be sold to the purchaser if the services are to be performed in the United States for the purchaser."
Subsec. (k).
1987—Subsec. (i)(3).
1984—Subsecs. (i) to (k).
1983—Subsec. (d).
1982—Subsec. (h).
Effective Date of 1998 Amendment
Effective Date of 1983 Amendment
Section 1204(b) of
Oversight of Defense Business Operations Fund
Charges for Goods and Services Provided Through Defense Business Operations Fund
Section 333(a), (b) of
Capital Asset Subaccount
Section 342 of
Limitations on Use of Defense Business Operations Fund
Defense Business Operations Fund
Section 8121 of
Sale of Inventories for Performance of Contracts With Defense Department
Cross References
Sale of articles acquired with working capital funds, see
Section Referred to in Other Sections
This section is referred to in
§2209. Management funds
(a) To conduct economically and efficiently the operations of the Department of Defense that are financed by at least two appropriations but whose costs cannot be immediately distributed and charged to those appropriations, there is the Army Management Fund, the Navy Management Fund, and the Air Force Management Fund, each within its respective department and under the direction of the Secretary of that department. Each such fund shall consist of a corpus of $1,000,000 and such amounts as may be appropriated thereto from time to time. An account for an operation that is to be financed by such a fund may be established only with the approval of the Secretary of Defense.
(b) Under such regulations as the Secretary of Defense may prescribe, expenditures may be made from a management fund for material (other than for stock), personal services, and services under contract. However, obligation may not be incurred against that fund if it is not chargeable to funds available under an appropriation of the department concerned or funds of another department or agency of the Department of Defense. The fund shall be promptly reimbursed from those funds for expenditures made from it.
(c) Notwithstanding any other provision of law, advances, by check or warrant, or reimbursements, may be made from available appropriations to a management fund on the basis of the estimated cost of a project. As adequate data becomes available, the estimated cost shall be revised and necessary adjustments made. Final adjustment shall be made with the appropriate funds for the fiscal year in which the advances or reimbursements are made. Except as otherwise provided by law, amounts advanced to management funds are available for obligation only during the fiscal year in which they are advanced.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2209(a) 2209(b) 2209(c) |
5:172e(a), (b). 5:172e(c) (last sentence). 5:172e(c) (less last sentence). 5:172e(d). |
July 3, 1942, ch. 484; restated Aug. 10, 1949, ch. 412, §11 (16th through 19th pars.), |
In subsection (a), the second sentence is substituted for the second sentence of
In subsection (c), the 13th through 33d words of
§2210. Proceeds of sales of supplies: credit to appropriations
(a)(1) A working-capital fund established pursuant to
(2) Paragraph (1) applies to disposals of supplies, material, equipment, and other personal property that were not financed by stock funds established under
(b) Obligations may, without regard to fiscal year limitations, be incurred against anticipated reimbursements to stock funds in such amounts and for such period as the Secretary of Defense, with the approval of the President, may determine to be necessary to maintain stock levels consistently with planned operations for the next fiscal year.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2210(a) 2210(b) |
5:172d–1 (less proviso). 5:172d–1 (proviso). |
Aug. 1, 1953, ch. 305, §645, |
In section (a), the words "proceeds of the disposal" are substituted for the words "moneys arising from the disposition".
Amendments
1998—Subsec. (a).
1980—Subsec. (b).
Effective Date of 1980 Amendment
Amendment by
§2211. Reimbursement for equipment, material, or services furnished members of the United Nations
Amounts paid by members of the United Nations for equipment or materials furnished, or services performed, in joint military operations shall be credited to appropriate appropriations of the Department of Defense in the manner authorized by section 632(d) of the Foreign Assistance Act of 1961 (
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2211 | 5:171m–1. | Jan. 6, 1951, ch. 1213, §703, |
The reference to
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
§2212. Obligations for contract services: reporting in budget object classes
(a)
(b)
(1)
(A) are closely related to the basic responsibilities and mission of the using organization; and
(B) include efforts that support or contribute to improved organization or program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, auditing, and administrative or technical support for conferences and training programs.
(2)
(3)
(c)
(d)
(e)
(A) assess the methodology used by the Secretary in obtaining the information submitted to Congress in that report; and
(B) assess the information submitted to Congress in that report.
(2) Not later than 120 days after the date on which the Secretary submits to Congress the report required under subsection (d) for any year, the Comptroller General shall submit to Congress the Comptroller General's report containing the results of the review for that year under paragraph (1).
(f)
(1) The term "contract services" means all services that are reported to the Office of Management and Budget pursuant to OMB Circular A–11 (relating to preparation and submission of budget estimates) in budget object classes that are designated in the Object Class 25 series.
(2) The term "advisory and assistance services object class" means those contract services constituting the budget object class that is denominated "Advisory and Assistance Service" and designated (as of October 17, 1998) as Object Class 25.1 (or any similar object class established after October 17, 1998, for the reporting of obligations for advisory and assistance contract services).
(3) The term "miscellaneous services object class" means those contract services constituting the budget object class that is denominated "Other Services (services not otherwise specified in the 25 series)" and designated (as of October 17, 1998) as Object Class 25.2 (or any similar object class established after October 17, 1998, for the reporting of obligations for miscellaneous or unspecified contract services).
(4) The term "authorized exemptions" means those exemptions authorized (as of October 17, 1998) under Department of Defense Directive 4205.2, captioned "Acquiring and Managing Contracted Advisory and Assistance Services (CAAS)" and issued by the Under Secretary of Defense for Acquisition and Technology on February 10, 1992, such exemptions being set forth in Enclosure 3 to that directive (captioned "CAAS Exemptions").
(Added
Prior Provisions
A prior section 2212, added
Another prior section 2212, added
Amendments
1999—Subsec. (f)(2), (3).
Subsec. (f)(4).
Change of Name
Reference to Under Secretary of Defense for Acquisition and Technology deemed to refer to Under Secretary of Defense for Acquisition, Technology, and Logistics, pursuant to section 911(a)(1) of
Transition
§2213. Limitation on acquisition of excess supplies
(a)
(b)
(1) that the acquisition is necessary to achieve an economical order quantity and will not result in an on-hand inventory (excluding war reserves) in excess of three years of operating stocks and that the need for the item is unlikely to decline during the period for which the acquisition is made; or
(2) that the acquisition is necessary for purposes of maintaining the industrial base or for other reasons of national security.
(Added
Prior Provisions
A prior section 2213 was renumbered
§2214. Transfer of funds: procedure and limitations
(a)
(b)
(1) may not be used except to provide funds for a higher priority item, based on unforeseen military requirements, than the items for which the funds were originally appropriated; and
(2) may not be used if the item to which the funds would be transferred is an item for which Congress has denied funds.
(c)
(d)
(1) unless the funds to be transferred are to be used for a higher priority item, based on unforeseen military requirements, than the item for which the funds were originally appropriated; or
(2) if the request would be for authority to reprogram amounts to an item for which the Congress has denied funds.
(Added
Effective Date
Section effective Oct. 1, 1991, see section 1482(d) of
Section Referred to in Other Sections
This section is referred to in
§2215. Transfer of funds to other departments and agencies: limitation
(a)
(b)
(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(Added
Prior Provisions
A prior section 2215, added
Provisions similar to those in this section were contained in
Amendments
1999—Subsec. (b)(2).
1996—
Section Referred to in Other Sections
This section is referred to in
§2216. Defense Modernization Account
(a)
(b)
(B) This subsection applies to the following funds available to the Secretary concerned:
(i) Unexpired funds in appropriations accounts that are available for procurement and that, as a result of economies, efficiencies, and other savings achieved in carrying out a particular procurement, are excess to the requirements of that procurement.
(ii) Unexpired funds that are available during the final 30 days of a fiscal year for support of installations and facilities and that, as a result of economies, efficiencies, and other savings, are excess to the requirements for support of installations and facilities.
(C) Any transfer under subparagraph (A) shall be made under regulations prescribed by the Secretary of Defense.
(2) Funds referred to in paragraph (1) may not be transferred to the Defense Modernization Account if—
(A) the funds are necessary for programs, projects, and activities that, as determined by the Secretary, have a higher priority than the purposes for which the funds would be available if transferred to that account; or
(B) the balance of funds in the account, after transfer of funds to the account, would exceed $1,000,000,000.
(3) Amounts credited to the Defense Modernization Account shall remain available for transfer until the end of the third fiscal year that follows the fiscal year in which the amounts are credited to the account.
(4) The period of availability of funds for expenditure provided for in
(c)
(d)
(1) For increasing, subject to subsection (e), the quantity of items and services procured under a procurement program in order to achieve a more efficient production or delivery rate.
(2) For research, development, test, and evaluation and for procurement necessary for modernization of an existing system or of a system being procured under an ongoing procurement program.
(e)
(A) result in procurement of a total quantity of items or services in excess of—
(i) a specific limitation provided by law on the quantity of the items or services that may be procured; or
(ii) the requirement for the items or services as approved by the Joint Requirements Oversight Council and reported to Congress by the Secretary of Defense; or
(B) result in an obligation or expenditure of funds in excess of a specific limitation provided by law on the amount that may be obligated or expended, respectively, for that procurement program.
(2) Funds in the Defense Modernization Account may not be used for a purpose or program for which Congress has not authorized appropriations.
(3) Funds may not be transferred from the Defense Modernization Account in any year for the purpose of—
(A) making an expenditure for which there is no corresponding obligation; or
(B) making an expenditure that would satisfy an unliquidated or unrecorded obligation arising in a prior fiscal year.
(f)
(2) Funds in the Defense Modernization Account may not be transferred under paragraph (1) until 30 days after the date on which the Secretary concerned notifies the congressional defense committees in writing of the amount and purpose of the proposed transfer.
(3) The total amount of transfers from the Defense Modernization Account during any fiscal year under this subsection may not exceed $500,000,000.
(g)
(h)
(i)
(A) The amount and source of each credit to the account during that quarter.
(B) The amount and purpose of each transfer from the account during that quarter.
(C) The balance in the account at the end of the quarter and, of such balance, the amount attributable to transfers to the account from each Secretary concerned.
(2) The committees referred to in paragraph (1) are the congressional defense committees and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives.
(j)
(1) The term "Secretary concerned" includes the Secretary of Defense with respect to Defense-wide appropriations accounts.
(2) The term "unexpired funds" means funds appropriated for a definite period that remain available for obligation.
(3) The term "congressional defense committees" means—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(Added
Codification
Another section 2216 was renumbered
Prior Provisions
A prior section 2216, added
Amendments
1999—Subsec. (j)(3)(B).
Change of Name
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date
Section 912(b) of
Expiration of Authority and Account
Section 912(c) of
"(1) The authority under
"(2) Three years after the termination date specified in paragraph (1), the Defense Modernization Account shall be closed and any remaining balance in the account shall be canceled and thereafter shall not be available for any purpose."
GAO Reviews
Section 912(d) of
"(1) The Comptroller General of the United States shall conduct two reviews of the administration of the Defense Modernization Account. In each review, the Comptroller General shall assess the operations and benefits of the account.
"(2) Not later than March 1, 2000, the Comptroller General shall—
"(A) complete the first review; and
"(B) submit to the specified committees of Congress an initial report on the administration and benefits of the Defense Modernization Account.
"(3) Not later than March 1, 2003, the Comptroller General shall—
"(A) complete the second review; and
"(B) submit to the specified committees of Congress a final report on the administration and benefits of the Defense Modernization Account.
"(4) Each such report shall include any recommended legislation regarding the account that the Comptroller General considers appropriate.
"(5) For purposes of this subsection, the term 'specified committees of Congress' means the congressional committees referred to in
[§2216a. Repealed. Pub. L. 105–261, div. A, title X, §1008(b), Oct. 17, 1998, 112 Stat. 2117 ]
Section, added
§2217. Comparable budgeting for common procurement weapon systems
(a)
(1) specifically identify each common procurement weapon system included in the budget;
(2) take all feasible steps to minimize variations in procurement unit costs for any such system as shown in the budget requests of the different armed forces requesting procurement funds for the system; and
(3) identify and justify in the budget all such variations in procurement unit costs for common procurement weapon systems.
(b)
(c)
(1) The term "defense budget" means the budget of the Department of Defense included in the President's budget submitted to Congress under
(2) The term "common procurement weapon system" means a weapon system for which two or more of the Army, Navy, Air Force, and Marine Corps request procurement funds in a defense budget.
(Added
Historical and Revision Notes
Section is based on
Amendments
1996—Subsec. (b).
§2218. National Defense Sealift Fund
(a)
(b)
(c)
(A) Construction (including design of vessels), purchase, alteration, and conversion of Department of Defense sealift vessels.
(B) Operation, maintenance, and lease or charter of Department of Defense vessels for national defense purposes.
(C) Installation and maintenance of defense features for national defense purposes on privately owned and operated vessels that are constructed in the United States and documented under the laws of the United States.
(D) Research and development relating to national defense sealift.
(E) Expenses for maintaining the National Defense Reserve Fleet under section 11 of the Merchant Ship Sales Act of 1946 (
(2) Funds in the National Defense Sealift Fund may be obligated or expended only in amounts authorized by law.
(3) Funds obligated and expended for a purpose set forth in subparagraph (B) or (D) of paragraph (1) may be derived only from funds deposited in the National Defense Sealift Fund pursuant to subsection (d)(1).
(d)
(1) All funds appropriated to the Department of Defense for fiscal years after fiscal year 1993 for—
(A) construction (including design of vessels), purchase, alteration, and conversion of national defense sealift vessels;
(B) operations, maintenance, and lease or charter of national defense sealift vessels;
(C) installation and maintenance of defense features for national defense purposes on privately owned and operated vessels; and
(D) research and development relating to national defense sealift.
(2) All receipts from the disposition of national defense sealift vessels, excluding receipts from the sale, exchange, or scrapping of National Defense Reserve Fleet vessels under sections 508 and 510 of the Merchant Marine Act of 1936 (
(3) All receipts from the charter of vessels under section 1424(c) of the National Defense Authorization Act for Fiscal Year 1991 (
(e)
(2) Any contribution of property accepted under paragraph (1) may be retained and used by the Department of Defense or disposed of in accordance with procedures prescribed by the Secretary of Defense.
(3) The Secretary of Defense shall deposit in the Fund money and receipts from the disposition of any property accepted under paragraph (1).
(f)
(2) Construction, alteration, or conversion of vessels with funds in the National Defense Sealift Fund pursuant to subsection (c)(1) shall be conducted in United States ship yards and shall be subject to section 1424(b) of
(g)
(h)
(1) the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national defense sealift vessels;
(2) the amount requested for programs, projects, and activities for operation, maintenance, and lease or charter of national defense sealift vessels;
(3) the amount requested for programs, projects, and activities for installation and maintenance of defense features for national defense purposes on privately owned and operated vessels that are constructed in the United States and documented under the laws of the United States; and
(4) the amount requested for programs, projects, and activities for research and development relating to national defense sealift.
(i)
(j)
(k)
(2) The head of an agency may make advance payments to the contractor under a contract under paragraph (1) in a lump sum, in annual payments, or in a combination thereof for costs associated with the installation and maintenance of the defense features on a vessel covered by the contract, as follows:
(A) The costs to build, procure, and install a defense feature in the vessel.
(B) The costs to periodically maintain and test any defense feature on the vessel.
(C) Any increased costs of operation or any loss of revenue attributable to the installation or maintenance of any defense feature on the vessel.
(D) Any additional costs associated with the terms and conditions of the contract.
(3) For any contract under paragraph (1) under which the United States makes advance payments under paragraph (2) for the costs associated with installation or maintenance of any defense feature on a commercial vessel, the contractor shall provide to the United States such security interests in the vessel, by way of a preferred mortgage under
(4) Each contract entered into under this subsection shall—
(A) set forth terms and conditions under which, so long as a vessel covered by the contract is owned or controlled by the contractor, the contractor is to operate the vessel for the Department of Defense notwithstanding any other contract or commitment of that contractor; and
(B) provide that the contractor operating the vessel for the Department of Defense shall be paid for that operation at fair and reasonable rates.
(5) The head of an agency may not delegate authority under this subsection to any officer or employee in a position below the level of head of a procuring activity.
(l)
(1) The term "Fund" means the National Defense Sealift Fund established by subsection (a).
(2) The term "Department of Defense sealift vessel" means any ship owned, operated, controlled, or chartered by the Department of Defense that is any of the following:
(A) A fast sealift ship, including any vessel in the Fast Sealift Program established under section 1424 of
(B) A maritime prepositioning ship.
(C) An afloat prepositioning ship.
(D) An aviation maintenance support ship.
(E) A hospital ship.
(F) A strategic sealift ship.
(G) A combat logistics force ship.
(H) A maritime prepositioned ship.
(I) Any other auxiliary support vessel.
(3) The term "national defense sealift vessel" means—
(A) a Department of Defense sealift vessel; and
(B) a national defense reserve fleet vessel, including a vessel in the Ready Reserve Force maintained under section 11 of the Merchant Ship Sales Act of 1946 (
(4) The term "congressional defense committees" means—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(5) The term "head of an agency" has the meaning given that term in
(Added
References in Text
Section 1424 of
Codification
Amendments
1999—Subsec. (k).
Subsec. (k)(2).
Subsec. (l).
Subsec. (l)(4)(B).
Subsec. (l)(5).
1996—Subsec. (c)(1).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
Subsec. (c)(1)(C).
Subsec. (c)(1)(D).
Subsec. (c)(1)(E).
Subsec. (i).
Subsec. (j).
Subsec. (k)(4).
1992—Subsec. (c)(2).
§2219. Retention of morale, welfare, and recreation funds by military installations: limitation
Amounts may not be retained in a nonappropriated morale, welfare, and recreation account of a military installation of an armed force in excess of the amount necessary to meet cash requirements of that installation. Amounts in excess of that amount shall be transferred to a single nonappropriated morale, welfare, and recreation account for that armed force. This section does not apply to the Coast Guard.
(Added
Amendments
1996—
§2220. Performance based management: acquisition programs
(a)
(2) The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department.
(b)
(c)
(1) determine whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and
(2) identify suitable actions to be taken, including termination, with respect to such programs.
(Added
Amendments
1997—Subsec. (b).
1996—Subsec. (a)(2).
Subsec. (b).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by section 4321(b)(1) of
Pilot Programs for Testing Program Manager Performance of Product Support Oversight Responsibilities for Life Cycle of Acquisition Programs
"(a)
"(b)
"(c)
"(1) A description of the acquisition programs designated as pilot programs under subsection (a).
"(2) For each such acquisition program, the specific management actions taken to ensure that the program manager has the responsibility for oversight of the performance of the product support functions.
"(3) Any proposed change to law, policy, regulation, or organization that the Secretary considers desirable, and determines feasible to implement, for ensuring that the program managers are fully responsible under the pilot programs for the performance of all such responsibilities."
Enhanced System of Performance Incentives
Section 5001(b) of
"(1) relate pay to performance (including the extent to which the performance of personnel in such programs contributes to achieving the cost goals, performance goals, and schedule goals established for acquisition programs of the Department of Defense pursuant to
"(2) provide for consideration, in personnel evaluations and promotion decisions, of the extent to which the performance of personnel in such programs contributes to achieving the cost goals, performance goals, and schedule goals established for acquisition programs of the Department of Defense pursuant to
Recommended Legislation
Section 5001(c) of
[§2221. Repealed. Pub. L. 105–261, div. A, title IX, §906(f)(1), Oct. 17, 1998, 112 Stat. 2096 ]
Section, added
Effective Date of Repeal
Repeal effective 90 days after Oct. 17, 1998, see section 906(f)(3) of
§2222. Biennial financial management improvement plan
(a)
(b)
(c)
(2) For the purposes of paragraph (1), a data feeder system is an automated or manual system from which information is derived for a financial management system or an accounting system.
(Added
Second Biennial Financial Management Improvement Plan
First Financial Improvement Plan
§2223. Information technology: additional responsibilities of Chief Information Officers
(a)
(1) review and provide recommendations to the Secretary of Defense on Department of Defense budget requests for information technology and national security systems;
(2) ensure the interoperability of information technology and national security systems throughout the Department of Defense;
(3) ensure that information technology and national security systems standards that will apply throughout the Department of Defense are prescribed; and
(4) provide for the elimination of duplicate information technology and national security systems within and between the military departments and Defense Agencies.
(b)
(1) review budget requests for all information technology and national security systems;
(2) ensure that information technology and national security systems are in compliance with standards of the Government and the Department of Defense;
(3) ensure that information technology and national security systems are interoperable with other relevant information technology and national security systems of the Government and the Department of Defense; and
(4) coordinate with the Joint Staff with respect to information technology and national security systems.
(c)
(1) The term "Chief Information Officer" means the senior official designated by the Secretary of Defense or a Secretary of a military department pursuant to
(2) The term "information technology" has the meaning given that term by section 5002 of the Clinger-Cohen Act of 1996 (
(3) The term "national security system" has the meaning given that term by section 5142 of the Clinger-Cohen Act of 1996 (
(Added
Effective Date
§2224. Defense Information Assurance Program
(a)
(b)
(c)
(1) A vulnerability and threat assessment of elements of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces.
(2) Development of essential information assurances technologies and programs.
(3) Organization of the Department, the armed forces, and supporting activities to defend against information warfare.
(4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure.
(5) The conduct of exercises, war games, simulations, experiments, and other activities designed to prepare the Department to respond to information warfare threats.
(6) Development of proposed legislation that the Secretary considers necessary for implementing the program or for otherwise responding to the information warfare threat.
(d)
(e)
(1) Progress in achieving the objectives of the program.
(2) A summary of the program strategy and any changes in that strategy.
(3) A description of the information assurance activities of the Office of the Secretary of Defense, Joint Staff, unified and specified commands, Defense Agencies, military departments, and other supporting activities of the Department of Defense.
(4) Program and budget requirements for the program for the past fiscal year, current fiscal year, budget year, and each succeeding fiscal year in the remainder of the current future-years defense program.
(5) An identification of critical deficiencies and shortfalls in the program.
(6) Legislative proposals that would enhance the capability of the Department to execute the program.
(f)
(1) an integrated organization structure to plan and facilitate the conduct of simulations, war games, exercises, experiments, and other activities to prepare and inform the Department regarding information warfare threats; and
(2) organization and planning means for the conduct by the Department of the integrated or joint exercises and experiments with elements of the national information systems infrastructure and other non-Department of Defense organizations that are responsible for the oversight and management of critical information systems and infrastructures on which the Department, the armed forces, and supporting activities depend for the conduct of daily operations and operations during crisis.
(Added
CHAPTER 133 —FACILITIES FOR RESERVE COMPONENTS
Prior Provisions
A prior
§2231. Reference to chapter 1803
Provisions of law relating to facilities for reserve components are set forth in
(Added
Prior Provisions
Prior sections 2231 to 2239 were renumbered
Effective Date
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
CHAPTER 134 —MISCELLANEOUS ADMINISTRATIVE PROVISIONS
SUBCHAPTER I—MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS
Amendments
1996—
1994—
1993—
1991—
1990—
1989—
§2241. Availability of appropriations for certain purposes
(a)
(1) Morale, welfare, and recreation.
(2) Modification of personal property.
(3) Design of vessels.
(4) Industrial mobilization.
(5) Military communications facilities on merchant vessels.
(6) Acquisition of services, special clothing, supplies, and equipment.
(7) Expenses for the Reserve Officers' Training Corps and other units at educational institutions.
(b)
(Added
Historical and Revision Notes
Subsection (a) of this section and
In two instances, the source section for provisions to be codified provides that defense appropriations may be used for "welfare and recreation" or "welfare and recreational" purposes. (Section 735 of
Subsection (b) of this section and
Section 705 of
Funds Prohibited for Contracts With Persons Convicted of Unlawful Manufacture or Sale of Congressional Medals of Honor
Use of Funds for Modification of Retired Aircraft, Weapon, Ship or Other Item of Equipment
Similar provisions were contained in the following prior appropriation acts:
Demonstration Project for Uniform Funding of Morale, Welfare, and Recreation Activities at Certain Military Installations
"(a)
"(2) Under the demonstration project—
"(A) procurements of property and services for programs referred to in paragraph (1) may be carried out in accordance with laws and regulations applicable to procurements paid for with nonappropriated funds; and
"(B) appropriated funds available for such programs may be expended in accordance with laws applicable to expenditures of nonappropriated funds as if the appropriated funds were nonappropriated funds.
"(3) The Secretary shall prescribe regulations to carry out paragraph (2). The regulations shall provide for financial management and accounting of appropriated funds expended in accordance with subparagraph (B) of such paragraph.
"(b)
"(c)
"(d)
"(1) if the employee whose status is to be converted—
"(A) is fully informed of the effects of such conversion on the terms and conditions of the employment of that employee for purposes of
"(B) consents to such conversion; or
"(2) in a manner which does not affect such terms and conditions of employment or such benefits.
"(e)
"(2) Not later than December 31, 1998, the Secretary shall submit to Congress a final report on the results of the demonstration project. The report shall include a comparison of—
"(A) the cost incurred under the demonstration project in using employees paid by appropriated funds together with nonappropriated fund instrumentality employees to carry out the programs referred to in subsection (a)(1); and
"(B) an estimate of the cost that would have been incurred if only nonappropriated fund instrumentality employees had been used to carry out such programs."
Interagency Courier Service
Restrictions on Procurements From Outside of United States
"(1) the term 'synthetic fabric and coated synthetic fabric' shall be deemed to include all textile fibers and yarns that are for use in such fabrics; and
"(2) such section shall be treated, notwithstanding section 34 of
Prohibition on Use of Funds To Purchase Dogs or Cats for Medical Training
Restoration, Cancellation, or Closure of Certain Department of Defense Appropriation Account Balances
"(a) Upon the date of enactment of this Act [Nov. 5, 1990], the balances of any unobligated amount of an appropriation of the Department of Defense which has been withdrawn under the provisions of
"(b) During the current fiscal year and thereafter—
"(1) on the 3rd September 30th after enactment of this section [Nov. 5, 1990], all obligated balances transferred under
"(2) on September 30th of the 5th fiscal year after the period of availability of an appropriation account of the Department of Defense available for obligation for a definite period ends or has ended, with respect to those accounts which, upon the date of enactment of this section have expired for obligation but whose obligated balances have not been transferred pursuant to the provisions of
"(3) with respect to any appropriation account made available to the Department of Defense for an indefinite period against which no obligations have been made for two consecutive years and upon a determination by the Secretary of Defense or the President that the purposes of such indefinite appropriation have been carried out,
any remaining obligated or unobligated balance of such accounts are closed and thereafter shall not be available for obligation or expenditure for any purpose: Provided, That collections authorized to be credited to an account which were not credited to the account before it was closed shall be deposited in the Treasury as miscellaneous receipts: Provided further, That, without prior action by the Comptroller General but without relieving the Comptroller General of the duty to make decisions under any law or to settle claims and accounts, when an account is closed (including accounts covered by subsection (a) of this section) and currently applicable appropriations of the Department of Defense are not chargeable, obligations and adjustments to obligations that would have been chargeable to an account prior to closing, may be chargeable to currently applicable appropriations of the Department of Defense available for the same purpose in amounts equal to one percent of the total appropriation for the current account or the amount of the original appropriation, whichever is less: Provided further, That after the end of the period of availability of an appropriation account available for a definite period and before closing of that account under this section such account shall be available for recording, adjusting, and liquidating obligations properly chargeable to such account in amounts not to exceed the unobligated expired balances of such appropriation: Provided further, That with respect to a change to a contract under which the contractor is required to perform additional work, other than adjustments to pay claims or increases under an escalation clause (hereinafter referred to as a contract change), if such a charge for such a contract change with respect to a program, project or activity would cause the total amount of such obligations to exceed $4,000,000 in any single fiscal year for a program, project, or activity, the obligation may only be made if the obligation is approved by the Secretary of Defense or, if such a change would cause the total amount of such obligations to exceed $25,000,000 in any single fiscal year for a program, project or activity, the obligation may be made only after 30 days have elapsed after the Secretary of Defense submits to the Committees on Appropriations and Armed Services of the Senate and the House of Representatives a notice of the intention to obligate such funds, together with the legal basis and the policy reasons for making such an obligation.
"(c) The provisions of this section shall apply to any appropriation account now or hereafter made unless the appropriation Act for that account specifically provides for an extension of the availability of such account and provides an exception to the five year period of availability for recording, adjusting and liquidating obligations properly chargeable to that account."
Availability of Appropriations
The following general provisions, that had been repeated as fiscal year provisions in prior appropriation acts, were enacted as permanent law in the Department of Defense Appropriations Act, 1990,
"
"
"
"
"
The following general provision, that had been repeated as fiscal year provision in prior appropriation acts, was enacted as permanent law in the Department of Defense Appropriations Act, 1989,
§2242. Authority to use appropriated funds for certain investigations and security services
The Secretary of Defense and the Secretary of each military department may—
(1) pay in advance for the expenses of conducting investigations in foreign countries incident to matters relating to the Department of Defense, to the extent such expenses are determined by the investigating officer to be necessary and in accord with local custom;
(2) pay expenses incurred in connection with the administration of occupied areas;
(3) pay expenses of military courts, boards, and commissions; and
(4) reimburse the Administrator of General Services for security guard services furnished by the Administrator to the Department of Defense for the protection of confidential files.
(Added
Historical and Revision Notes
Paragraphs (1) and (4) of this section and
Paragraphs (2) and (3) are based on
§2243. Authority to use appropriated funds to support student meal programs in overseas dependents' schools
(a)
(b)
(c)
(d)
(Added
Amendments
1999—Subsec. (b).
§2244. Security investigations
(a) Funds appropriated to the Department of Defense may not be used for the conduct of an investigation by the Department of Defense, or by any other Federal department or agency, for purposes of determining whether to grant a security clearance to an individual or a facility unless the Secretary of Defense determines both of the following:
(1) That a current, complete investigation file is not available from any other department or agency of the Federal Government with respect to that individual or facility.
(2) That no other department or agency of the Federal Government is conducting an investigation with respect to that individual or facility that could be used as the basis for determining whether to grant the security clearance.
(b) For purposes of subsection (a)(1), a current investigation file is a file on an investigation that has been conducted within the past five years.
(Added
Amendments
1991—Subsec. (a)(1), (2).
§2245. Use of aircraft for proficiency flying: limitation
(a) An aircraft under the jurisdiction of a military department may not be used by a member of the armed forces for the purpose of proficiency flying except in accordance with regulations prescribed by the Secretary of Defense.
(b) Such regulations—
(1) may not require proficiency flying by a member except to the extent required for the member to maintain flying proficiency in anticipation of the member's assignment to combat operations; and
(2) may not permit proficiency flying in the case of a member who is assigned to a course of instruction of 90 days or more.
(c) In this section, the term "proficiency flying" has the meaning given that term in Department of Defense Directive 1340.4.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§2246. Department of Defense golf courses: limitation on use of appropriated funds
(a)
(b)
(2) The Secretary of Defense shall prescribe regulations governing the use of appropriated funds under this subsection.
(Added
§2247. Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation
(a)
(b)
(Added
Codification
Another section 2247 was renumbered
Amendments
1997—Subsec. (b).
§2248. Purchase of surety bonds: prohibition
Funds appropriated or otherwise made available to the Department of Defense for fiscal years 1995 through 1999 may not be obligated or expended for the purchase of surety bonds or other guarantees of financial responsibility in order to guarantee the performance of any direct function of the Department of Defense.
(Added
§2249. Prohibition on use of funds for documenting economic or employment impact of certain acquisition programs
No funds appropriated by the Congress may be obligated or expended to assist any contractor of the Department of Defense in preparing any material, report, lists, or analysis with respect to the actual or projected economic or employment impact in a particular State or congressional district of an acquisition program for which all research, development, testing, and evaluation has not been completed.
(Added
Amendments
1996—
Effective Date
For effective date and applicability of section, see section 10001 of
§2249a. Prohibition on providing financial assistance to terrorist countries
(a)
(1) any country with respect to which the Secretary of State has made a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (
(2) any country identified in the latest report submitted to Congress under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (
(3) any other country that, as determined by the President—
(A) grants sanctuary from prosecution to any individual or group that has committed an act of international terrorism; or
(B) otherwise supports international terrorism.
(b)
(A) that it is in the national security interests of the United States to do so; or
(B) that the waiver should be granted for humanitarian reasons.
(2) The President shall—
(A) notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives at least 15 days before the waiver takes effect; and
(B) publish a notice of the waiver in the Federal Register.
(c)
(Added
Amendments
1999—Subsec. (b)(2)(A).
1997—Subsec. (a)(1).
§2249b. Display of State flags: prohibition on use of funds to arbitrarily exclude flag; position and manner of display
(a)
(b)
(Added
Amendments
1999—
1998—Subsec. (b).
SUBCHAPTER II—MISCELLANEOUS ADMINISTRATIVE AUTHORITY
Amendments
1999—
1996—
1992—
§2251. Household furnishings and other property: personnel outside the United States or in Alaska or Hawaii
(a)
(1) purchase household furnishings and automobiles from members of the armed forces and civilian employees of the Department of Defense on duty outside the United States or in Hawaii for resale at cost to incoming personnel; and
(2) provide household furnishings, without charge, in other than public quarters occupied by members of the armed forces or civilian employees of the Department of Defense who are on duty outside the United States or in Alaska or Hawaii.
(b)
(Added
Historical and Revision Notes
Section is based on
§2252. Rewards: missing property
The Secretary of Defense and the Secretary of each military department may pay a reward of not more than $500 in any case for information leading to the discovery of missing property under the jurisdiction of that Secretary or leading to the recovery of such property.
(Added
Historical and Revision Notes
Section is based on
Prior Provisions
Provisions similar to those in this section were contained in
§2253. Motor vehicles
(a)
(1) provide for insurance of official motor vehicles in a foreign country when the laws of such country require such insurance; and
(2) purchase right-hand drive vehicles at a cost of not more than $30,000 each.
(b)
(Added
Historical and Revision Notes
Subsection (a)(1) of this section and
Subsection (a)(2) is based on
Subsection (b) of this section and
Amendments
1997—Subsec. (a)(2).
§2254. Treatment of reports of aircraft accident investigations
(a)
(2) For purposes of this section, an accident investigation is any form of investigation of an aircraft accident other than an investigation (known as a "safety investigation") that is conducted solely to determine the cause of the accident and to obtain information that may prevent the occurrence of similar accidents.
(b)
(A) that such tapes, reports, or other information would be included within and releasable with the final accident investigation report; and
(B) that release of such tapes, reports, or other information—
(i) would not undermine the ability of accident or safety investigators to continue to conduct the investigation; and
(ii) would not compromise national security.
(2) A disclosure under paragraph (1) may not be made by or through officials with responsibility for, or who are conducting, a safety investigation with respect to the accident.
(c)
(1) if the evidence surrounding the accident is sufficient for the investigators who conduct the accident investigation to come to an opinion (or opinions) as to the cause or causes of the accident, the final report of the accident investigation shall set forth the opinion (or opinions) of the investigators as to the cause or causes of the accident; and
(2) if the evidence surrounding the accident is not sufficient for those investigators to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, in the opinion of the investigators, substantially contributed to or caused the accident.
(d)
(e)
(Added
Effective Date
Section 1071(c) of
Regulations
Section 1071(b) of
Section Referred to in Other Sections
This section is referred to in
§2255. Aircraft accident investigation boards: composition requirements
(a)
(1) a majority of the members (or in the case of a board consisting of a single member, the member) is selected from units other than the mishap unit or a unit subordinate to the mishap unit; and
(2) in the case of a board consisting of more than one member, at least one member of the board is a member of the armed forces or an officer or an employee of the Department of Defense who possesses knowledge and expertise relevant to aircraft accident investigations.
(b)
(A) it is not practicable to meet the requirement because of—
(i) the remote location of the aircraft accident;
(ii) an urgent need to promptly begin the investigation; or
(iii) a lack of available persons outside of the mishap unit who have adequate knowledge and expertise regarding the type of aircraft involved in the accident; and
(B) the objectivity and independence of the aircraft accident investigation board will not be compromised.
(2) The Secretary shall notify Congress of a waiver exercised under this subsection and the reasons therefor.
(c)
(d)
(e)
(1) The term "Class A accident" means an accident involving an aircraft that results in—
(A) the loss of life or permanent disability;
(B) damages to the aircraft, other property, or a combination of both, in an amount in excess of the amount specified by the Secretary of Defense for purposes of determining Class A accidents; or
(C) the destruction of the aircraft.
(2) The term "mishap unit", with respect to an aircraft accident investigation, means the unit of the armed forces (at the squadron or battalion level or equivalent) to which was assigned the flight crew of the aircraft that sustained the accident that is the subject of the investigation.
(Added
Effective Date
Section 911(b) of
§2257. Use of recruiting materials for public relations
The Secretary of Defense may use for public relations purposes of the Department of Defense any advertising materials developed for use for recruitment and retention of personnel for the armed forces. Any such use shall be under such conditions and subject to such restrictions as the Secretary of Defense shall prescribe.
(Added
[CHAPTER 135 —REPEALED]
[§§2271 to 2279. Repealed. Pub. L. 103–160, div. A, title VIII, §821(a)(1), Nov. 30, 1993, 107 Stat. 1704 ]
Section 2271, act Aug. 10, 1956, ch. 1041,
Section 2272, act Aug. 10, 1956, ch. 1041,
Section 2273, acts Aug. 10, 1956, ch. 1041,
Section 2274, act Aug. 10, 1956, ch. 1041,
Section 2275, act Aug. 10, 1956, ch. 1041,
Section 2276, acts Aug. 10, 1956, ch. 1041,
Section 2277, act Aug. 10, 1956, ch. 1041,
Section 2278, act Aug. 10, 1956, ch. 1041,
Section 2279, act Aug. 10, 1956, ch. 1041,
CHAPTER 136 —PROVISIONS RELATING TO SPECIFIC PROGRAMS
§2281. Global Positioning System
(a)
(1) develop appropriate measures for preventing hostile use of the GPS so as to make it unnecessary for the Secretary to use the selective availability feature of the system continuously while not hindering the use of the GPS by the United States and its allies for military purposes; and
(2) ensure that United States armed forces have the capability to use the GPS effectively despite hostile attempts to prevent the use of the system by such forces.
(b)
(1) shall provide for the sustainment and operation of the GPS Standard Positioning Service in order to meet the performance requirements of the Federal Radionavigation Plan prepared jointly by the Secretary of Defense and the Secretary of Transportation pursuant to subsection (c);
(2) shall coordinate with the Secretary of Transportation regarding the development and implementation by the Government of augmentations to the basic GPS that achieve or enhance uses of the system in support of transportation;
(3) shall coordinate with the Secretary of Commerce, the United States Trade Representative, and other appropriate officials to facilitate the development of new and expanded civil and commercial uses for the GPS;
(4) shall develop measures for preventing hostile use of the GPS in a particular area without hindering peaceful civil use of the system elsewhere; and
(5) may not agree to any restriction on the Global Positioning System proposed by the head of a department or agency of the United States outside the Department of Defense in the exercise of that official's regulatory authority that would adversely affect the military potential of the Global Positioning System.
(c)
(d)
(A) The operational status of the system.
(B) The capability of the system to satisfy effectively (i) the military requirements for the system that are current as of the date of the report, and (ii) the performance requirements of the Federal Radionavigation Plan.
(C) The most recent determination by the President regarding continued use of the selective availability feature of the system and the expected date of any change or elimination of the use of that feature.
(D) The status of cooperative activities undertaken by the United States with the governments of other countries concerning the capability of the system or any augmentation of the system to satisfy civil, commercial, scientific, and military requirements, including a discussion of the status and results of activities undertaken under any regional international agreement.
(E) Any progress made toward establishing GPS as an international standard for consistency of navigational service.
(F) Any progress made toward protecting GPS from disruption and interference.
(G) The effects of use of the system on national security, regional security, and the economic competitiveness of United States industry, including the Global Positioning System equipment and service industry and user industries.
(2) In preparing the parts of each such report required under subparagraphs (D), (E), (F), and (G) of paragraph (1), the Secretary of Defense shall consult with the Secretary of State, the Secretary of Commerce, and the Secretary of Transportation.
(e)
(1) The term "basic GPS services" means the following components of the Global Positioning System that are operated and maintained by the Department of Defense:
(A) The constellation of satellites.
(B) The navigation payloads that produce the Global Positioning System signals.
(C) The ground stations, data links, and associated command and control facilities.
(2) The term "GPS Standard Positioning Service" means the civil and commercial service provided by the basic Global Positioning System as defined in the 1996 Federal Radionavigation Plan (published jointly by the Secretary of Defense and the Secretary of Transportation in July 1997).
(Added
References in Text
Section 507 of the International Maritime Satellite Telecommunications Act, referred to in subsec. (c), is section 507 of
Amendments
1999—Subsec. (d)(1).
Enhanced Global Positioning System Program
"(a)
"(b)
"(1) An evolved satellite system that includes increased signal power and other improvements such as regional-level directional signal enhancements.
"(2) Enhanced receivers and user equipment that are capable of providing military users with direct access to encrypted Global Positioning System signals.
"(3) To the extent funded by the Secretary of Transportation, additional civil frequencies and other enhancements for civil users.
"(c)
"(1) the Secretary of Defense should ensure that the future-years defense program provides for sufficient funding to develop and deploy an enhanced Global Positioning System in accordance with the priority declared in subsection (a); and
"(2) the Secretary of Transportation should provide sufficient funding to support additional civil frequencies for the Global Positioning System and other enhancements of the system for civil users.
"(d)
"(e)
"(f)
Sustainment and Operation of Global Positioning System
Section 1074(a), (b) of
"(a)
"(1) The Global Positioning System (consisting of a constellation of satellites and associated facilities capable of providing users on earth with a highly precise statement of their location on earth) makes significant contributions to the attainment of the national security and foreign policy goals of the United States, the safety and efficiency of international transportation, and the economic growth, trade, and productivity of the United States.
"(2) The infrastructure for the Global Positioning System (including both space and ground segments of the infrastructure) is vital to the effectiveness of United States and allied military forces and to the protection of the national security interests of the United States.
"(3) In addition to having military uses, the Global Positioning System has essential civil, commercial, and scientific uses.
"(4) As a result of the increasing demand of civil, commercial, and scientific users of the Global Positioning System—
"(A) there has emerged in the United States a new commercial industry to provide Global Positioning System equipment and related services to the many and varied users of the system; and
"(B) there have been rapid technical advancements in Global Positioning System equipment and services that have contributed significantly to reductions in the cost of the Global Positioning System and increases in the technical capabilities and availability of the system for military uses.
"(5) It is in the national interest of the United States for the United States—
"(A) to support continuation of the multiple-use character of the Global Positioning System;
"(B) to promote broader acceptance and use of the Global Positioning System and the technological standards that facilitate expanded use of the system for civil purposes;
"(C) to coordinate with other countries to ensure (i) efficient management of the electromagnetic spectrum used by the Global Positioning System, and (ii) protection of that spectrum in order to prevent disruption of signals from the system and interference with that portion of the electromagnetic spectrum used by the system; and
"(D) to encourage open access in all international markets to the Global Positioning System and supporting equipment, services, and techniques.
"(b)
"(1) Undertaking a coordinated effort within the executive branch to seek to establish the Global Positioning System, and augmentations to the system, as a worldwide resource.
"(2) Seeking to enter into international agreements to establish signal and service standards that protect the Global Positioning System from disruption and interference.
"(3) Undertaking efforts to eliminate any barriers to, and other restrictions of foreign governments on, peaceful uses of the Global Positioning System.
"(4) Requiring that any proposed international agreement involving nonmilitary use of the Global Positioning System or any augmentation to the system not be agreed to by the United States unless the proposed agreement has been reviewed by the Secretary of State, the Secretary of Defense, the Secretary of Transportation, and the Secretary of Commerce (acting as the Interagency Global Positioning System Executive Board established by Presidential Decision Directive NSTC–6, dated March 28, 1996)."
Access to Global Positioning System
"(a)
"(b)
"(1) development and acquisition of effective capabilities to deny hostile military forces the ability to use the Global Positioning System without hindering the ability of United States military forces and civil users to have access to and use of the system, together with a specific date by which those capabilities could be operational; and
"(2) development and acquisition of receivers for the Global Positioning System and other techniques for weapons and weapon systems that provide substantially improved resistance to jamming and other forms of electronic interference or disruption, together with a specific date by which those receivers and other techniques could be operational with United States military forces."
Limitation on Procurement of Systems Not GPS-Equipped
1 See References in Text note below.
CHAPTER 137 —PROCUREMENT GENERALLY
Amendments
1998—
1997—
1996—
1994—
1993—
1992—
1990—
1988—
1987—
1986—
1985—
1984—
1982—
1981—
1980—
Cross References
American material required for public use, see
Cataloging and standardization of supplies, see
Miscellaneous procurement provisions, see
Particular provisions relating to Navy procurement, see
Chapter Referred to in Other Sections
This chapter is referred to in
[§2301. Repealed. Pub. L. 103–355, title I, §1501(a), Oct. 13, 1994, 108 Stat. 3296 ]
Section, acts Aug. 10, 1956, ch. 1041,
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
§2302. Definitions
In this chapter:
(1) The term "head of an agency" means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration.
(2) The term "competitive procedures" means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also includes—
(A) procurement of architectural or engineering services conducted in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (
(B) the competitive selection for award of basic research proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals;
(C) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if—
(i) participation in the program has been open to all responsible sources; and
(ii) orders and contracts under such program result in the lowest overall cost alternative to meet the needs of the United States;
(D) procurements conducted in furtherance of section 15 of the Small Business Act (
(E) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act (
(3) The following terms have the meanings provided such terms in section 4 of the Office of Federal Procurement Policy Act (
(A) The term "procurement".
(B) The term "procurement system".
(C) The term "standards".
(D) The term "full and open competition".
(E) The term "responsible source".
(F) The term "item".
(G) The term "item of supply".
(H) The term "supplies".
(I) The term "commercial item".
(J) The term "nondevelopmental item".
(K) The term "commercial component".
(L) The term "component".
(4) The term "technical data" means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. Such term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.
(5) The term "major system" means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. The elements may include hardware, equipment, software or any combination thereof, but excludes construction or other improvements to real property. A system shall be considered a major system if (A) the conditions of
(6) The term "Federal Acquisition Regulation" means the Federal Acquisition Regulation issued pursuant to section 25(c)(1) of the Office of Federal Procurement Policy Act (
(7) The term "simplified acquisition threshold" has the meaning provided that term in section 4 of the Office of Federal Procurement Policy Act (
(8) The term "humanitarian or peacekeeping operation" means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2302 | 41:158 (less clause (b)). | Feb. 19, 1948, ch. 65, §9 (less clause (b)), |
In clause (1), the words "(if any)" are omitted as surplusage. The words "Secretary of the Treasury" are substituted for the words "Commandant, United States Coast Guard, Treasury Department", since the functions of the Coast Guard and its officers, while operating under the Department of the Treasury, were vested in the Secretary of the Treasury by 1950 Reorganization Plan No. 26, effective July 31, 1950,
Clauses (2) and (3) are inserted for clarity, and are based on the usage of those terms throughout the revised chapter.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2302(3) | [No source]. | [No source]. |
The amendments reflect section 1(44) of the bill [amending
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in par. (2)(A), is act June 30, 1949, ch. 288,
Amendments
1997—Pars. (7), (8).
1996—Par. (3)(K).
Par. (5).
Par. (7).
1994—Par. (3).
Par. (7).
1991—Par. (7).
1989—Par. (6).
1987—
1986—Par. (2)(A).
1984—
Cl. (2)(D), (E).
Cls. (4), (5).
1980—Cl. (1).
1958—Cl. (1).
Cl. (3).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1958 Amendment
Section 301(e) of
Short Title of 1986 Amendment
Section 101(c) [title X, §900] of
Short Title of 1985 Amendment
Short Title of 1984 Amendment
Section 1201 of title XII of
Program To Increase Business Innovation in Defense Acquisition Programs
"(a)
"(b)
"(c)
"(1) Procedures through which commercial private sector entities, including small-business concerns, may submit proposals recommending cost-saving and innovative ideas to acquisition program managers.
"(2) A review process designed to make recommendations on the merit and viability of the proposals submitted under paragraph (1) at appropriate times during the acquisition cycle.
"(3) Measures to limit potential disruptions to existing contracts and programs from proposals accepted and incorporated into acquisition programs of the Department of Defense.
"(4) Measures to ensure that research and development efforts of small-business concerns are considered as early as possible in a program's acquisition planning process to accommodate potential technology insertion without disruption to existing contracts and programs.
"(e)
Year 2000 Software Conversion
Section 831 of
"(a)
"(b)
"(c)
"(1) a list of affected major systems;
"(2) a description of how the deficiencies could affect the national security of the United States; and
"(3) an estimate and prioritization of the resources that are necessary to eliminate the deficiencies."
Defense Facility-Wide Pilot Program
Section 822 of
"(a)
"(b)
"(2) The Secretary may designate for participation in the pilot program only those facilities that are authorized to be so designated in a law authorizing appropriations for national defense programs that is enacted after the date of the enactment of this Act [Feb. 10, 1996].
"(c)
"(1) All contracts and subcontracts for defense supplies and services that are performed at the facility.
"(2) All Department of Defense contracts and all subcontracts under Department of Defense contracts performed elsewhere that the Secretary determines are directly and substantially related to the production of defense supplies and services at the facility and are necessary for the pilot program.
"(d)
"(1) The number of existing and anticipated contracts and subcontracts performed at the facility—
"(A) for which contractors are required to provide certified cost or pricing data pursuant to
"(B) which are administered with the application of cost accounting standards under section 26(f) of the Office of Federal Procurement Policy Act (
"(2) The relationship of the facility to other organizations and facilities performing under contracts with the Department of Defense and subcontracts under such contracts.
"(3) The impact that the participation of the facility under the pilot program would have on competing domestic manufacturers.
"(4) Such other factors as the Secretary considers appropriate.
"(e)
"(2) The Secretary shall include in the notification regarding a facility designated for participation in the program a management plan addressing the following:
"(A) The proposed treatment of research and development contracts or subcontracts to be performed at the facility during the pilot program.
"(B) The proposed treatment of the cost impact of the use of commercial practices on the award and administration of contracts and subcontracts performed at the facility.
"(C) The proposed method for reimbursing the contractor for existing and new contracts.
"(D) The proposed method for measuring the performance of the facility for meeting the management goals of the Secretary.
"(E) Estimates of the annual amount and the total amount of the contracts and subcontracts covered under the pilot program.
"(3)(A) The Secretary shall ensure that the management plan for a facility provides for attainment of the following objectives:
"(i) A significant reduction of the cost to the Government for programs carried out at the facility.
"(ii) A reduction of the schedule associated with programs carried out at the facility.
"(iii) An increased use of commercial practices and procedures for programs carried out at the facility.
"(iv) Protection of a domestic manufacturer competing for contracts at such facility from being placed at a significant competitive disadvantage by the participation of the facility in the pilot program.
"(B) The management plan for a facility shall also require that all or substantially all of the contracts to be awarded and performed at the facility after the designation of that facility under subsection (b), and all or substantially all of the subcontracts to be awarded under those contracts and performed at the facility after the designation, be—
"(i) for the production of supplies or services on a firm-fixed price basis;
"(ii) awarded without requiring the contractors or subcontractors to provide certified cost or pricing data pursuant to
"(iii) awarded and administered without the application of cost accounting standards under section 26(f) of the Office of Federal Procurement Policy Act (
"(f)
"(1) is within the scope of the pilot program (as described in subsection (c)); and
"(2) is fairly and reasonably priced based on information other than certified cost and pricing data.
"(g)
"(1) to apply any amendment or repeal of a provision of law made in this Act [see Tables for classification] to the pilot program before the effective date of such amendment or repeal; and
"(2) to apply to a procurement of items other than commercial items under such program—
"(A) the authority provided in section 34 of the Office of Federal Procurement Policy Act (
"(B) any exception applicable under this Act or the Federal Acquisition Streamlining Act of 1994 (
before the effective date of such provision (or amendment) to the extent that the Secretary determines necessary to test the application of such waiver or exception to procurements of items other than commercial items.
"(h)
"(A) A contract that is awarded or modified during the period described in paragraph (2).
"(B) A contract that is awarded before the beginning of such period, that is to be performed (or may be performed), in whole or in part, during such period, and that may be modified as appropriate at no cost to the Government.
"(2) The period referred to in paragraph (1), with respect to a facility designated under subsection (b), is the period that—
"(A) begins 45 days after the date of the enactment of the Act authorizing the designation of that facility in accordance with paragraph (2) of such subsection; and
"(B) ends on September 30, 2000.
"(i)
"(1) Substitution of commercial oversight and inspection procedures for Government audit and access to records.
"(2) Incorporation of commercial oversight, inspection, and acceptance procedures.
"(3) Use of alternative dispute resolution techniques (including arbitration).
"(4) Elimination of contract provisions authorizing the Government to make unilateral changes to contracts."
Elimination of Use of Class I Ozone-Depleting Substances in Certain Military Procurement Contracts
Section 326 of
"(a)
"(2)(A)(i) Not later than 60 days after the completion of the first modification, amendment, or extension after June 1, 1993, of a contract referred to in clause (ii), the senior acquisition official (or the designee of that official) shall carry out an evaluation of the contract in order to determine—
"(I) whether the contract includes a specification or standard that requires the use of a class I ozone-depleting substance or can be met only through the use of such a substance; and
"(II) in the event of a determination that the contract includes such a specification or standard, whether the contract can be carried out through the use of an economically feasible substitute for the ozone-depleting substance or through the use of an economically feasible alternative technology for a technology involving the use of the ozone-depleting substance.
"(ii) A contract referred to in clause (i) is any contract in an amount in excess of $10,000,000 that—
"(I) was awarded before June 1, 1993; and
"(II) as a result of the modification, amendment, or extension described in clause (i), will expire more than 1 year after the effective date of the modification, amendment, or extension.
"(iii) A contract under evaluation under clause (i) may not be further modified, amended, or extended until the evaluation described in that clause is complete.
"(B) If the acquisition official (or designee) determines that an economically feasible substitute substance or alternative technology is available for use in a contract under evaluation, the appropriate contracting officer shall enter into negotiations to modify the contract to require the use of the substitute substance or alternative technology.
"(C) A determination that a substitute substance or technology is not available for use in a contract under evaluation shall be made in writing by the senior acquisition official (or designee).
"(D) The Secretary of Defense may, consistent with the Federal Acquisition Regulation, adjust the price of a contract modified under subparagraph (B) to take into account the use by the contractor of a substitute substance or alternative technology in the modified contract.
"(3) The senior acquisition official authorized to grant an approval under paragraph (1) and the senior acquisition official and designees authorized to carry out an evaluation and make a determination under paragraph (2) shall be determined under regulations prescribed by the Secretary of Defense. A senior acquisition official may not delegate the authority provided in paragraph (1).
"(4) Each official who grants an approval authorized under paragraph (1) or makes a determination under paragraph (2)(B) shall submit to the Secretary of Defense a report on that approval or determination, as the case may be, as follows:
"(A) Beginning on October 1, 1993, and continuing for 8 calendar quarters thereafter, by submitting a report on the approvals granted or determinations made under such authority during the preceding quarter not later than 30 days after the end of such quarter.
"(B) Beginning on January 1, 1997, and continuing for 4 years thereafter, by submitting a report on the approvals granted or determinations made under such authority during the preceding year not later than 30 days after the end of such year.
"(5) The Secretary shall promptly transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives each report submitted to the Secretary under paragraph (4). The Secretary shall transmit the report in classified and unclassified forms.
"(b)
"(c)
"(1) The term 'class I ozone-depleting substance' means any substance listed under section 602(a) of the Clean Air Act (
"(2) The term 'Federal Acquisition Regulation' means the single Government-wide procurement regulation issued under section 25(c) of the Office of Federal Procurement Policy Act (
Payment Protections for Subcontractors and Suppliers
"(a)
"(1)
"(i) Whether requests for progress payments or other payments have been submitted by the contractor to the Department of Defense in connection with that contract.
"(ii) Whether final payment to the contractor has been made by the Department of Defense in connection with that contract.
"(B) This paragraph shall apply with respect to any Department of Defense contract that is in effect on the date which is 270 days after the date of enactment of this Act [Dec. 5, 1991] or that is awarded after such date.
"(2)
"(i) The name and address of the surety or sureties on the payment bond.
"(ii) The penal amount of the payment bond.
"(iii) A copy of the payment bond.
"(B) Subparagraph (A) applies to—
"(i) a subcontractor or supplier having a subcontract, purchase order, or other agreement to furnish labor or material for the performance of a Department of Defense contract with respect to which a payment bond has been furnished to the United States pursuant to the Miller Act; and
"(ii) a prospective subcontractor or supplier offering to furnish labor or material for the performance of such a Department of Defense contract.
"(C) With respect to the information referred to in subparagraphs (A)(i) and (A)(ii), the regulations shall include authority for such information to be provided verbally to the subcontractor or supplier.
"(D) With respect to the information referred to in subparagraph (A)(iii), the regulations may impose reasonable fees to cover the cost of copying and providing requested bonds.
"(E) This paragraph shall apply with respect to any Department of Defense contract covered by the Miller Act that is in effect on the date which is 270 days after the date of enactment of this Act [Dec. 5, 1991] or that is awarded after such date.
"(3)
"(B) This paragraph shall apply with respect to any Department of Defense contract covered by the Miller Act for which a solicitation is issued after the expiration of the 60-day period beginning on the effective date of the regulations promulgated under this subsection.
"(4)
"(i) With respect to a construction contract, whether the contractor has made progress payments to the subcontractor or supplier in compliance with
"(ii) With respect to a contract other than a construction contract, whether the contractor has made progress or other payments to the subcontractor or supplier in compliance with the terms of the subcontract, purchase order, or other agreement with the prime contractor.
"(iii) With respect to either a construction contract or a contract other than a construction contract, whether the contractor has made final payment to the subcontractor or supplier in compliance with the terms of the subcontract, purchase order, or other agreement with the prime contractor.
"(iv) With respect to either a construction contract or a contract other than a construction contract, whether any certification of payment of the subcontractor or supplier accompanying the contractor's payment request to the Government is accurate.
"(B) If the contracting officer determines that the prime contractor is not in compliance with any matter referred to in clause (i), (ii), or (iii) of subparagraph (A), the contracting officer may, under procedures established in the regulations—
"(i) encourage the prime contractor to make timely payment to the subcontractor or supplier; or
"(ii) reduce or suspend progress payments with respect to amounts due to the prime contractor.
"(C) If the contracting officer determines that a certification referred to in clause (iv) of subparagraph (A) is inaccurate in any material respect, the contracting officer shall, under procedures established in the regulations, initiate appropriate administrative or other remedial action.
"(D) This paragraph shall apply with respect to any Department of Defense contract that is in effect on the date of promulgation of the regulations under this subsection or that is awarded after such date.
"(b)
"(c)
"(d)
"(e)
"(2) In addition to such other related matters as the Comptroller General considers appropriate, the matters to be assessed pursuant to paragraph (1) are the following:
"(A) Timely payment of progress or other periodic payments to subcontractors and suppliers by prime contractors on Federal contracts by—
"(i) identifying all existing statutory and regulatory provisions, categorized by types of contracts covered by such provisions;
"(ii) evaluating the feasibility and desirability of requiring that a prime contractor (other than a construction prime contractor subject to the provisions of
"(I) include in its subcontracts a payment term requiring payment within 7 days (or some other fixed term) after receiving payment from the Government; and
"(II) submit with its payment request to the Government a certification that it has timely paid its subcontractors in accordance with their subcontracts from funds previously received as progress payments and will timely make required payments to such subcontractors from the proceeds of the progress payment covered by the certification;
"(iii) evaluating the feasibility and desirability of requiring that all prime contractors (other than a construction prime contractor subject to the provisions of
"(iv) evaluating the feasibility and desirability of requiring a prime contractor to establish an escrow account at a federally insured financial institution and requiring direct disbursements to subcontractors and suppliers of amounts certified by the prime contractor in its payment request to the Government as being payable to such subcontractors and suppliers in accordance with their subcontracts; and
"(v) evaluating the feasibility and desirability of requiring direct disbursement of amounts certified by a prime contractor as being payable to its subcontractors and suppliers in accordance with their subcontracts (using techniques such as joint payee checks, escrow accounts, or direct payment by the Government), if the contracting officer has determined that the prime contractor is failing to make timely payments to its subcontractors and suppliers.
"(B) Payment protection of subcontractors and suppliers through the use of payment bonds or alternatives methods by—
"(i) evaluating the effectiveness of the modifications to part 28.2 of the Federal Acquisition Regulation Part 28.2 (48 C.F.R. 28.200) relating to the use of individual sureties, which became effective February 26, 1990;
"(ii) evaluating the effectiveness of requiring payment bonds pursuant to the Miller Act as a means of affording protection to construction subcontractors and suppliers relating to receiving—
"(I) timely payment of progress payments due in accordance with their subcontracts; and
"(II) ultimate payment of such amounts due;
"(iii) evaluating the feasibility and desirability of increasing the payment bond amounts required under the Miller Act from the current maximum amounts to an amount equal to 100 percent of the amount of the contract;
"(iv) evaluating the feasibility and desirability of requiring payment bonds for supply and services contracts (other than construction), and, if feasible and desirable, the amounts of such bonds; and
"(v) evaluating the feasibility and desirability of using letters of credit issued by federally insured financial institutions (or other alternatives) as substitutes for payment bonds in providing payment protection to subcontractors and suppliers on construction contracts (and other contracts).
"(C) Any evaluation of feasibility and desirability carried out pursuant to subparagraph (A) or (B) shall include the appropriateness of—
"(i) any differential treatment of, or impact on, small business concerns as opposed to concerns other than small business concerns;
"(ii) any differential treatment of subcontracts relating to commercial products entered into by the contractor in furtherance of its non-Government business, especially those subcontracts entered into prior to the award of a contract by the Government; and
"(iii) extending the protections regarding payment to all tiers of subcontractors or restricting them to first-tier subcontractors and direct suppliers.
"(3) The report required by paragraph (1) shall include a description of the results of the assessment carried out pursuant to paragraph (2) and may include recommendations pertaining to any of the following:
"(A) Statutory and regulatory changes providing payment protections for subcontractors and suppliers (other than a construction prime contractor subject to the provisions of
"(B) Proposals to assess the desirability and utility of a specific payment protection on a test basis.
"(C) Such other recommendations as the Comptroller General considers appropriate in light of the matters assessed pursuant to paragraph (2).
"(4) The report required by paragraph (1) shall be submitted not later than by February 1, 1993, to the Committees on Armed Services and on Small Business of the Senate and House of Representatives.
"(f)
"(2) The report required by paragraph (1) shall be submitted to the Secretary of Defense not later than March 1, 1993. The report may include recommendations by the Inspector General on ways to improve the effectiveness of existing methods of preventing false statements.
"(g)
Advisory Panel on Streamlining and Codifying Acquisition Laws
Mentor-Protege Pilot Program
"(2)(A) The Secretary of Defense shall conduct a review of the Mentor-Protege Program established in section 831 of the National Defense Authorization Act for Fiscal Year 1991 (
"(B) In conducting the review under subparagraph (A), the Secretary shall assess possible additional incentives that may be extended to mentor firms to ensure adequate support and participation in the Mentor-Protege Program, including increasing the level of credit in lieu of subcontract awards presently extended to mentor firms for purposes of determining whether mentor firms attain subcontracting participation goals applicable under Department of Defense contracts.
"(C) Not later than September 30, 2000, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives—
"(i) a report on the results of the review conducted under this paragraph; and
"(ii) any recommendations of the Secretary for legislative action.
"(3)(A) The Comptroller General shall conduct a study on the implementation of the Mentor-Protege Program established in section 831 of the National Defense Authorization Act for Fiscal Year 1991 (
"(B) The study shall include the following:
"(i) A review of the manner in which funds for the Mentor-Protege Program have been obligated.
"(ii) An identification and assessment of the average amount spent by the Department of Defense on individual mentor-protege agreements, and the correlation between levels of funding and business development of protege firms.
"(iii) An evaluation of the effectiveness of the incentives provided to mentor firms to participate in the Mentor-Protege Program and whether reimbursements remain a cost-effective and viable incentive.
"(iv) An assessment of the success of the Mentor-Protege Program in enhancing the business competitiveness and financial independence of protege firms.
"(v) A review of the relationship between the results of the Mentor-Protegee [sic] Program and the objectives established in
"(C) Not later than January 1, 2002, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study."
Section 807(a) of
"(a)
"(b)
"(c)
"(2) A disadvantaged small business concern eligible for the award of Federal contracts may obtain assistance from a mentor firm upon entering into an agreement with the mentor firm as provided in subsection (e). A disadvantaged small business concern may not be a party to more than one agreement to receive such assistance at any time. A disadvantaged small business concern receiving such assistance shall be known, for the purposes of the program, as a 'protege firm'.
"(3) In entering into an agreement pursuant to subsection (e), a mentor firm may rely in good faith on a written representation of a business concern that such business concern is a disadvantaged small business concern. The Small Business Administration shall determine the status of such business concern as a disadvantaged small business concern in the event of a protest regarding the status of such business concern. If at any time the business concern is determined by the Small Business Administration not to be a disadvantaged small business concern, assistance furnished such business concern by the mentor firm after the date of the determination may not be considered assistance furnished under the program.
"(d)
"(1) during the fiscal year preceding the fiscal year in which the mentor firm enters into the agreement, the total amount of the Department of Defense contracts awarded such mentor firm and the subcontracts awarded such mentor firm under Department of Defense contracts was equal to or greater than $100,000,000; or
"(2) the mentor firm demonstrates the capability to assist in the development of protege firms, and is approved by the Secretary of Defense pursuant to criteria specified in the regulations prescribed pursuant to subsection (k).
"(e)
"(1) A developmental program for the protege firm, in such detail as may be reasonable, including (A) factors to assess the protege firm's developmental progress under the program, and (B) the anticipated number and type of subcontracts to be awarded the protege firm.
"(2) A program participation term for any period of not more than three years, except that the term may be a period of up to five years if the Secretary of Defense determines in writing that unusual circumstances justify a program participation term in excess of three years.
"(3) Procedures for the protege firm to terminate the agreement voluntarily and for the mentor firm to terminate the agreement for cause.
"(f)
"(1) Assistance, by using mentor firm personnel, in—
"(A) general business management, including organizational management, financial management, and personnel management, marketing, business development, and overall business planning;
"(B) engineering and technical matters such as production, inventory control, and quality assurance; and
"(C) any other assistance designed to develop the capabilities of the protege firm under the developmental program referred to in subsection (e).
"(2) Award of subcontracts on a noncompetitive basis to the protege firm under the Department of Defense or other contracts.
"(3) Payment of progress payments for performance of the protege firm under such a subcontract in amounts as provided for in the subcontract, but in no event may any such progress payment exceed 100 percent of the costs incurred by the protege firm for the performance.
"(4) Advance payments under such subcontracts.
"(5) Loans.
"(6) Cash in exchange for an ownership interest in the protege firm, not to exceed 10 percent of the total ownership interest.
"(7) Assistance obtained by the mentor firm for the protege firm from one or more of the following—
"(A) small business development centers established pursuant to section 21 of the Small Business Act (
"(B) entities providing procurement technical assistance pursuant to
"(C) a historically Black college or university or a minority institution of higher education.
"(g)
"(2)(A) The Secretary of Defense may provide to a mentor firm reimbursement for the costs of the assistance furnished to a protege firm pursuant to paragraphs (1) and (7) of subsection (f) as provided for in a line item in a Department of Defense contract under which the mentor firm is furnishing products or services to the Department, subject to a maximum amount of reimbursement specified in such contract, except that this sentence does not apply in a case in which the Secretary of Defense determines in writing that unusual circumstances justify reimbursement using a separate contract.
"(B) The determinations made in annual performance reviews of a mentor firm's mentor-protege agreement under subsection (l)(2) shall be a major factor in the determinations of amounts of reimbursement, if any, that the mentor firm is eligible to receive in the remaining years of the program participation term under the agreement.
"(C) The total amount reimbursed under this paragraph to a mentor firm for costs of assistance furnished in a fiscal year to a protege firm may not exceed $1,000,000, except in a case in which the Secretary of Defense determines in writing that unusual circumstances justify a reimbursement of a higher amount.
"(3)(A) Costs incurred by a mentor firm in providing assistance to a protege firm that are not reimbursed pursuant to paragraph (2) shall be recognized as credit in lieu of subcontract awards for purposes of determining whether the mentor firm attains a subcontracting participation goal applicable to such mentor firm under a Department of Defense contract, under a contract with another executive agency, or under a divisional or company-wide subcontracting plan negotiated with the Department of Defense or another executive agency.
"(B) The amount of the credit given a mentor firm for any such unreimbursed costs shall be equal to—
"(i) four times the total amount of such costs attributable to assistance provided by entities described in subsection (f)(7);
"(ii) three times the total amount of such costs attributable to assistance furnished by the mentor firm's employees; and
"(iii) two times the total amount of any other such costs.
"(C) Under regulations prescribed pursuant to subsection (k), the Secretary of Defense shall adjust the amount of credit given a mentor firm pursuant to subparagraphs (A) and (B) if the Secretary determines that the firm's performance regarding the award of subcontracts to disadvantaged small business concerns has declined without justifiable cause.
"(4) A mentor firm shall receive credit toward the attainment of a subcontracting participation goal applicable to such mentor firm for each subcontract for a product or service awarded under such contract by a mentor firm to a business concern that, except for its size, would be a small business concern owned and controlled by socially and economically disadvantaged individuals, but only if—
"(A) the size of such business concern is not more than two times the maximum size specified by the Administrator of the Small Business Administration for purposes of determining whether a business concern furnishing such product or service is a small business concern; and
"(B) the business concern formerly had a mentor-protege agreement with such mentor firm that was not terminated for cause.
"(h)
"(2) Notwithstanding section 8 of the Small Business Act (
"(3) The Small Business Administration may not require a firm that is entering into, or has entered into, an agreement under subsection (e) as a protege firm to submit the agreement, or any other document required by the Secretary of Defense in the administration of the Mentor-Protege Program, to the Small Business Administration for review, approval, or any other purpose.
"(i)
"(j)
"(2) No reimbursement may be paid, and no credit toward the attainment of a subcontracting goal may be granted, under subsection (g) for any cost incurred after September 30, 2005.
"(k)
"(l)
"(2)(A) The Secretary shall conduct an annual performance review of each mentor-protege agreement that provides for reimbursement of costs. The Secretary shall determine on the basis of the review whether—
"(i) all costs reimbursed to the mentor firm under the agreement were reasonably incurred to furnish assistance to the protege firm in accordance with the requirements of this section and applicable regulations; and
"(ii) the mentor firm and protege firm accurately reported progress made by the protege firm in employment, revenues, and participation in Department of Defense contracts during the program participation term covered by the mentor-protege agreement and the two fiscal years following the expiration of the program participation term.
"(B) The Secretary shall act through the Commander of the Defense Contract Management Command in carrying out the reviews and making the determinations under subparagraph (A).
"(3) Not later than 6 months after the end of each of fiscal years 2000 through 2004, the Secretary of Defense shall submit to Congress an annual report on the Mentor-Protege Program for that fiscal year.
"(4) The annual report for a fiscal year shall include, at a minimum, the following:
"(A) The number of mentor-protege agreements that were entered into during the fiscal year.
"(B) The number of mentor-protege agreements that were in effect during the fiscal year.
"(C) The total amount reimbursed to mentor firms pursuant to subsection (g) during the fiscal year.
"(D) Each mentor-protege agreement, if any, that was approved during the fiscal year in accordance with subsection (e)(2) to provide a program participation term in excess of 3 years, together with the justification for the approval.
"(E) Each reimbursement of a mentor firm in excess of the limitation in subsection (g)(2)(C) that was made during the fiscal year pursuant to an approval granted in accordance with that subsection, together with the justification for the approval.
"(F) Trends in the progress made in employment, revenues, and participation in Department of Defense contracts by the protege firms participating in the program during the fiscal year and the protege firms that completed or otherwise terminated participation in the program during the preceding two fiscal years.
"(m)
"(1) The term 'small business concern' means a business concern that meets the requirements of section 3(a) of the Small Business Act (
"(2) The term 'disadvantaged small business concern' means:
"(A) a small business concern owned and controlled by socially and economically disadvantaged individuals;
"(B) a business entity owned and controlled by an Indian tribe as defined by section 8(a)(13) of the Small Business Act (
"(C) a business entity owned and controlled by a Native Hawaiian Organization as defined by section 8(a)(15) of the Small Business Act (
"(D) a qualified organization employing the severely disabled.
"(3) The term 'small business concern owned and controlled by socially and economically disadvantaged individuals' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (
"(4) The term 'historically Black college and university' means any of the historically Black colleges and universities referred to in
"(5) The term 'minority institution of higher education' means an institution of higher education with a student body that reflects the composition specified in section 312(b)(3), (4), and (5) of the Higher Education Act of 1965 (
"(6) The term 'subcontracting participation goal', with respect to a Department of Defense contract, means a goal for the extent of the participation by disadvantaged small business concerns in the subcontracts awarded under such contract, as established pursuant to
"(7) The term 'qualified organization employing the severely disabled' means a business entity operated on a for-profit or nonprofit basis that—
"(A) uses rehabilitative engineering to provide employment opportunities for severely disabled individuals and integrates severely disabled individuals into its workforce;
"(B) employs severely disabled individuals at a rate that averages not less than 20 percent of its total workforce;
"(C) employs each severely disabled individual in its workforce generally on the basis of 40 hours per week; and
"(D) pays not less than the minimum wage prescribed pursuant to section 6 of the Fair Labor Standards Act (
"(8) The term 'severely disabled individual' means an individual who has a physical or mental disability which constitutes a substantial handicap to employment and which, in accordance with criteria prescribed by the Committee for the Purchase From the Blind and Other Severely Handicapped established by the first section of the Act of June 25, 1938 (
[
["(1) The amendments made by this section [amending section 831 of
["(2) Section 831 of the National Defense Authorization Act for Fiscal Year 1991, as in effect on September 30, 1999, shall continue to apply with respect to mentor-protege agreements entered into before October 1, 1999."]
[Section 807(b)(2) of
Credit for Indian Contracting in Meeting Certain Minority Subcontracting Goals
Equitable Participation of American Small and Minority-Owned Business in Furnishing of Commodities and Services
Requirement for Substantial Progress on Minority and Small Business Contract Awards
Definitions; Rule of Construction for Duplicate Authorization and Appropriation Provisions of Public Laws 99–500 , 99–591 , and 99–661
"SEC. 2. REFERENCES TO 99TH CONGRESS LAWS
"For purposes of this Act [
"(1) The term 'Defense Authorization Act' means the Department of Defense Authorization Act, 1987 (division A of
"(2) The term 'Defense Appropriations Act' means the Department of Defense Appropriations Act, 1987 (as contained in identical form in section 101(c) of
"(3) The term 'Defense Acquisition Improvement Act' means title X of the Defense Appropriations Act [
"SEC. 6. CONSTRUCTION OF DUPLICATE AUTHORIZATION AND APPROPRIATION PROVISIONS
"(a)
"(A) the identical provisions of those public laws referred to in such paragraph shall be treated as having been enacted only once, and
"(B) in executing to the United States Code and other statutes of the United States the amendments made by such identical provisions, such amendments shall be executed so as to appear only once in the law as amended.
"(2) Paragraph (1) applies with respect to the provisions of the Defense Appropriations Act and the Defense Authorization Act (as amended by sections 3, 4, 5, and 10(a)) referred to across from each other in the following table:
"Section 101(c) of | Section 101(c) of | Division A of |
---|---|---|
"Title X | Title X | Title IX |
"Sec. 9122 | Sec. 9122 | Sec. 522 |
"Sec. 9036(b) | Sec. 9036(b) | Sec. 1203 |
"Sec. 9115 | Sec. 9115 | Sec. 1311 |
"(b)
"(2) Any reference in a provision of law referred to in paragraph (1) to 'the date of the enactment of this Act' shall be treated as a reference to October 18, 1986."
[For classification of provisions listed in the table, see Tables.]
Contract Goal for Minorities
Section 1207 of
Minimum Percentage of Competitive Procurements
"(a)
"(b)
Defense Procurement Reform: Congressional Findings and Policy
Section 1202 of
"(1) direct that officials in the Department of Defense refuse to enter into contracts unless the proposed prices are fair and reasonable;
"(2) continue and accelerate ongoing efforts to improve defense contracting procedures in order to encourage effective competition and assure fair and reasonable prices;
"(3) direct that replenishment parts be acquired in economic order quantities and on a multiyear basis whenever feasible, practicable, and cost effective;
"(4) direct that standard or commercial parts be used whenever such use is technically acceptable and cost effective; and
"(5) vigorously continue reexamination of policies relating to acquisition, pricing, and management of replenishment parts and of technical data related to such parts."
Modification of Regulations and Directives To Accommodate a Policy of Multiyear Procurement
Section 909(d) of
Procurement Requirements for Goods Which Are Not American Goods
Section Referred to in Other Sections
This section is referred to in
§2302a. Simplified acquisition threshold
(a)
(b)
(Added and amended
References in Text
Sections 4(11) and 33 of the Office of Federal Procurement Policy Act, referred to in subsecs. (a) and (b), respectively, are classified to sections 403(11) and 429, respectively, of Title 41, Public Contracts.
Amendments
1994—Subsec. (b).
Effective Date
For effective date and applicability of section, see section 10001 of
§2302b. Implementation of simplified acquisition procedures
The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 31 of the Office of Federal Procurement Policy Act shall apply as provided in such section to the agencies named in
(Added
References in Text
Section 31 of the Office of Federal Procurement Policy Act, referred to in text, is classified to
Effective Date
For effective date and applicability of section, see section 10001 of
§2302c. Implementation of electronic commerce capability
(a)
(2) The Secretary of Defense shall act through the Under Secretary of Defense for Acquisition, Technology, and Logistics to implement the capability within the Department of Defense.
(3) In implementing the electronic commerce capability pursuant to paragraph (1), the head of an agency referred to in paragraph (1) shall consult with the Administrator for Federal Procurement Policy.
(b)
(Added
Amendments
1999—Subsec. (a)(2).
Subsec. (b).
1997—
"(a)
"(2) In implementing the FACNET capability pursuant to paragraph (1), the head of an agency shall consult with the Administrator for Federal Procurement Policy.
"(b)
Subsec. (a)(1).
Effective Date of 1997 Amendments
Section 1(a)(2) of
Section 850(g) of
"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section,
"(2) The repeal made by subsection (c) of this section [repealing provisions set out as a note under
Effective Date
Section 9002(c) of
§2302d. Major system: definitional threshold amounts
(a)
(1) the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $115,000,000 (based on fiscal year 1990 constant dollars); or
(2) the eventual total expenditure for procurement for the system is estimated to be more than $540,000,000 (based on fiscal year 1990 constant dollars).
(b)
(1) $750,000 (based on fiscal year 1980 constant dollars); or
(2) the dollar threshold for a "major system" established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled "Major Systems Acquisitions".
(c)
(2) An amount, as adjusted under paragraph (1), that is not evenly divisible by $5,000,000 shall be rounded to the nearest multiple of $5,000,000. In the case of an amount that is evenly divisible by $2,500,000 but not evenly divisible by $5,000,000, the amount shall be rounded to the next higher multiple of $5,000,000.
(3) An adjustment under this subsection shall be effective after the Secretary transmits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of the adjustment.
(Added
Amendments
1999—Subsec. (c)(3).
1997—Subsec. (a)(2).
Section Referred to in Other Sections
This section is referred to in
§2303. Applicability of chapter
(a) This chapter applies to the procurement by any of the following agencies, for its use or otherwise, of all property (other than land) and all services for which payment is to be made from appropriated funds:
(1) The Department of Defense.
(2) The Department of the Army.
(3) The Department of the Navy.
(4) The Department of the Air Force.
(5) The Coast Guard.
(6) The National Aeronautics and Space Administration.
(b) The provisions of this chapter that apply to the procurement of property apply also to contracts for its installation or alteration.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2303(a) 2303(b) |
41:151(a). 41:158 (clause (b), less last 5 words). |
Feb. 19, 1948, ch. 65, §§2(a), 9 (clause (b)), |
2303(c) | 41:158 (last 5 words of clause (b)). |
In subsection (a), the words "all property named in subsection (b), and all services" are substituted for the words "for supplies or services". The words "(each being hereinafter called the agency)", are omitted, since the revised sections of this chapter make specific reference to the agencies named in this revised section. The words "United States" before the words "Coast Guard" are omitted, since they are not a part of the official name of the Coast Guard under
In subsection (b), the introductory clause is substituted for the word "supplies". Throughout the revised chapter reference is made to "property or services covered by this chapter", instead of "supplies", since the word "supplies" is defined in
Amendments
1984—Subsec. (a).
Subsec. (a)(1) to (6).
Subsecs. (b), (c).
1958—Subsec. (a)(5).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Acquisition, Lease, or Rental for Use by the Armed Forces of Motor Buses Manufactured Outside the United States
Cross References
Facilitation of procurement procedures, see
Laws inapplicable to agencies named in this section, see
Section Referred to in Other Sections
This section is referred to in
[§2303a. Repealed. Pub. L. 98–577, title III, §302(c)(1), Oct. 30, 1984, 98 Stat. 3077 ]
Section,
Section, pursuant to section 1212(b) of
§2304. Contracts: competition requirements
(a)(1) Except as provided in subsections (b), (c), and (g) and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an agency in conducting a procurement for property or services—
(A) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this chapter and the Federal Acquisition Regulation; and
(B) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
(2) In determining the competitive procedure appropriate under the circumstances, the head of an agency—
(A) shall solicit sealed bids if—
(i) time permits the solicitation, submission, and evaluation of sealed bids;
(ii) the award will be made on the basis of price and other price-related factors;
(iii) it is not necessary to conduct discussions with the responding sources about their bids; and
(iv) there is a reasonable expectation of receiving more than one sealed bid; and
(B) shall request competitive proposals if sealed bids are not appropriate under clause (A).
(b)(1) The head of an agency may provide for the procurement of property or services covered by this chapter using competitive procedures but excluding a particular source in order to establish or maintain an alternative source or sources of supply for that property or service if the head of the agency determines that to do so—
(A) would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of property or services;
(B) would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization;
(C) would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center;
(D) would ensure the continuous availability of a reliable source of supply of such property or service;
(E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or
(F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.
(2) The head of an agency may provide for the procurement of property or services covered by this section using competitive procedures, but excluding concerns other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (
(3) A contract awarded pursuant to the competitive procedures referred to in paragraphs (1) and (2) shall not be subject to the justification and approval required by subsection (f)(1).
(4) A determination under paragraph (1) may not be made for a class of purchases or contracts.
(c) The head of an agency may use procedures other than competitive procedures only when—
(1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency;
(2) the agency's need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals;
(3) it is necessary to award the contract to a particular source or sources in order (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization, (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;
(4) the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the procurement of the property or services for such government, have the effect of requiring the use of procedures other than competitive procedures;
(5) subject to subsection (k), a statute expressly authorizes or requires that the procurement be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale;
(6) the disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or
(7) the head of the agency—
(A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned, and
(B) notifies the Congress in writing of such determination not less than 30 days before the award of the contract.
(d)(1) For the purposes of applying subsection (c)(1)—
(A) in the case of a contract for property or services to be awarded on the basis of acceptance of an unsolicited research proposal, the property or services shall be considered to be available from only one source if the source has submitted an unsolicited research proposal that demonstrates a concept—
(i) that is unique and innovative or, in the case of a service, for which the source demonstrates a unique capability of the source to provide the service; and
(ii) the substance of which is not otherwise available to the United States, and does not resemble the substance of a pending competitive procurement; and
(B) in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, or the continued provision of highly specialized services, such property or services may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures when it is likely that award to a source other than the original source would result in—
(i) substantial duplication of cost to the United States which is not expected to be recovered through competition; or
(ii) unacceptable delays in fulfilling the agency's needs.
(2) The authority of the head of an agency under subsection (c)(7) may not be delegated.
(e) The head of an agency using procedures other than competitive procedures to procure property or services by reason of the application of subsection (c)(2) or (c)(6) shall request offers from as many potential sources as is practicable under the circumstances.
(f)(1) Except as provided in paragraph (2), the head of an agency may not award a contract using procedures other than competitive procedures unless—
(A) the contracting officer for the contract justifies the use of such procedures in writing and certifies the accuracy and completeness of the justification;
(B) the justification is approved—
(i) in the case of a contract for an amount exceeding $500,000 (but equal to or less than $10,000,000), by the competition advocate for the procuring activity (without further delegation) or by an official referred to in clause (ii) or (iii);
(ii) in the case of a contract for an amount exceeding $10,000,000 (but equal to or less than $50,000,000), by the head of the procuring activity (or the head of the procuring activity's delegate designated pursuant to paragraph (6)(A)); or
(iii) in the case of a contract for an amount exceeding $50,000,000, by the senior procurement executive of the agency designated pursuant to section 16(3) of the Office of Federal Procurement Policy Act (
(C) any required notice has been published with respect to such contract pursuant to section 18 of the Office of Federal Procurement Policy Act (
(2) In the case of a procurement permitted by subsection (c)(2), the justification and approval required by paragraph (1) may be made after the contract is awarded. The justification and approval required by paragraph (1) is not required—
(A) when a statute expressly requires that the procurement be made from a specified source;
(B) when the agency's need is for a brand-name commercial item for authorized resale;
(C) in the case of a procurement permitted by subsection (c)(7);
(D) in the case of a procurement conducted under (i) the Javits-Wagner-O'Day Act (
(E) in the case of a procurement permitted by subsection (c)(4), but only if the head of the contracting activity prepares a document in connection with such procurement that describes the terms of an agreement or treaty, or the written directions, referred to in that subsection that have the effect of requiring the use of procedures other than competitive procedures.
(3) The justification required by paragraph (1)(A) shall include—
(A) a description of the agency's needs;
(B) an identification of the statutory exception from the requirement to use competitive procedures and a demonstration, based on the proposed contractor's qualifications or the nature of the procurement, of the reasons for using that exception;
(C) a determination that the anticipated cost will be fair and reasonable;
(D) a description of the market survey conducted or a statement of the reasons a market survey was not conducted;
(E) a listing of the sources, if any, that expressed in writing an interest in the procurement; and
(F) a statement of the actions, if any, the agency may take to remove or overcome any barrier to competition before a subsequent procurement for such needs.
(4) The justification required by paragraph (1)(A) and any related information, and any document prepared pursuant to paragraph (2)(E), shall be made available for inspection by the public consistent with the provisions of
(5) In no case may the head of an agency—
(A) enter into a contract for property or services using procedures other than competitive procedures on the basis of the lack of advance planning or concerns related to the amount of funds available to the agency for procurement functions; or
(B) procure property or services from another agency unless such other agency complies fully with the requirements of this chapter in its procurement of such property or services.
The restriction contained in clause (B) is in addition to, and not in lieu of, any other restriction provided by law.
(6)(A) The authority of the head of a procuring activity under paragraph (1)(B)(ii) may be delegated only to an officer or employee who—
(i) if a member of the armed forces, is a general or flag officer; or
(ii) if a civilian, is serving in a position with a grade under the General Schedule (or any other schedule for civilian officers or employees) that is comparable to or higher than the grade of brigadier general or rear admiral (lower half).
(B) The authority of the Under Secretary of Defense for Acquisition, Technology, and Logistics under paragraph (1)(B)(iii) may be delegated only to—
(i) an Assistant Secretary of Defense; or
(ii) with respect to the element of the Department of Defense (as specified in
(I) if a member of the armed forces, is serving in a grade above brigadier general or rear admiral (lower half); or
(II) if a civilian, is serving in a position with a grade under the General Schedule (or any other schedule for civilian officers or employees) that is comparable to or higher than the grade of major general or rear admiral.
(g)(1) In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—
(A) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and
(B) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items.
(2) A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by paragraph (1).
(3) In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.
(4) The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in section 31(f) of the Office of Federal Procurement Policy Act (
(h) For the purposes of the following laws, purchases or contracts awarded after using procedures other than sealed-bid procedures shall be treated as if they were made with sealed-bid procedures:
(1) The Walsh-Healey Act (
(2) The Act entitled "An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes", approved March 3, 1931 (commonly referred to as the "Davis-Bacon Act") (
(i)(1) The Secretary of Defense shall prescribe by regulation the manner in which the Department of Defense negotiates prices for supplies to be obtained through the use of procedures other than competitive procedures, as defined in
(2) The regulations required by paragraph (1) shall—
(A) specify the incurred overhead a contractor may appropriately allocate to supplies referred to in that paragraph; and
(B) require the contractor to identify those supplies which it did not manufacture or to which it did not contribute significant value.
(3) Such regulations shall not apply to an item of supply included in a contract or subcontract for which the price is based on established catalog or market prices of commercial items sold in substantial quantities to the general public.
(j) The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government's requirements.
(k)(1) It is the policy of Congress that an agency named in
(2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law—
(A) specifically refers to this subsection;
(B) specifically identifies the particular non-Federal Government entity involved; and
(C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1).
(3) For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a preceding contract.
(4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2304(a) 2304(b) |
41:151(c) (less proviso of clause (11) and proviso of clause (16)). 41:156(d). |
Feb. 19, 1948, ch. 65, §§2(b) (less 1st sentence), (c), (e), 7(d), 8, |
2304(c) | 41:151(e). | |
2304(d) | 41:151(b) (less 1st sentence). | |
2304(e) | 41:151(c) (proviso of clause (11) and proviso of clause (16)). | |
2304(f) | 41:157. |
In subsection (a)(1), the words "the period of" are omitted as surplusage.
In subsections (a)(4)–(10), and (12)–(15), the words "the purchase or contract is" are inserted for clarity.
In subsection (a)(5), the words "to be rendered" are omitted as surplusage.
In subsection (a)(6), the words "its Territories" are inserted for clarity. The words "the limits of" are omitted as surplusage.
In subsection (a)(14), the words "and for which" are substituted for the word "when".
In subsection (a)(15), the words "and for which" are substituted for 41:151(c)(15) (1st 22 words of proviso).
In subsection (a)(16), the words "to have" are substituted for the words "be made or kept".
In subsection (a)(17), the first 7 words are inserted for clarity.
In subsection (b), the words "shall be kept" are substituted for the words "shall be preserved in the files". The words "six years after the date" are substituted for the words "a period of six years following".
In subsection (c), the words "but such authorization shall be required in the same manner as heretofore" and "continental", in 41:151(e), are omitted as surplusage.
In subsection (d), the words "before making" are substituted for the words "Whenever it is proposed to make".
In subsection (e), the words "beginning six months after the effective date of this chapter" are omitted as executed. The words "on May 19 and November 19 of each year" are substituted for the words "and at the end of each six-month period thereafter", since the effective date of the source statute was May 19, 1948, and the first report was made on November 19, 1948. The words "property and services covered by each contract" are substituted for the words "work required to be performed thereunder".
1958 Act
The change is necessary to reflect the present Commonwealth status of Puerto Rico.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2304(a) (1st sentence) | 10:2304 (note). | Mar. 16, 1967, |
2304(f)(1) | 10:2304(f)(1). | |
2304(i) | 10:2304 (note). | Sept. 21, 1977, |
In subsection (a), the words "The Secretary of Defense is hereby directed that insofar as practicable all contracts shall be formally advertised" are omitted as unnecessary because of 10:2304(a) (1st sentence).
Subsection (f)(1) is amended to correct a mistake in spelling.
In subsection (i)(1)(B), the words "or States" are omitted because of 1:1.
References in Text
The Javits-Wagner-O'Day Act, referred to in subsec. (f)(2)(D), is act June 25, 1938, ch. 697,
The Walsh-Healey Act, referred to in subsec. (h)(1), is act June 30, 1936, ch. 881,
The Davis-Bacon Act (
Codification
Amendments
1999—Subsec. (f)(1)(B)(iii), (6)(B).
1997—Subsec. (c)(5).
Subsec. (f)(1)(B)(iii).
Subsec. (f)(2)(E).
Subsec. (f)(6)(B), (C).
"(i) if a member of the armed forces, is a general or flag officer; or
"(ii) if a civilian, is serving in a position in grade GS–16 or above (or in a comparable or higher position under any other schedule for civilian officers or employees)."
Subsec. (g)(4).
1996—Subsec. (c)(3)(C).
Subsec. (f)(1)(B)(i).
Subsec. (f)(1)(B)(ii).
Subsec. (f)(1)(B)(iii), (iv).
Subsec. (f)(2)(D).
Subsec. (g)(1).
Subsec. (g)(4).
Subsec. (h)(1).
Subsecs. (j), (k).
1994—Subsec. (a)(1)(A).
Subsec. (b)(1)(D) to (F).
Subsec. (b)(4).
Subsec. (c)(3)(C).
Subsec. (c)(5).
Subsec. (f)(1)(B)(i).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3).
Subsec. (g)(4).
Subsec. (j).
1993—Subsec. (f)(1)(B)(iii), (iv), (6)(C).
1992—Subsec. (b)(2).
Subsec. (j)(3)(A).
Subsec. (j)(5).
1991—Subsec. (g)(2).
Subsec. (g)(5).
Subsec. (j)(3)(A).
1990—Subsec. (g).
1989—Subsec. (b)(2).
Subsec. (f)(1)(B)(iii).
Subsec. (f)(1)(B)(iv).
Subsec. (f)(2)(E).
Subsec. (f)(4).
Subsec. (f)(6)(B).
Subsec. (f)(6)(C).
Subsec. (j).
1988—Subsec. (f)(1)(B)(ii).
Subsec. (f)(1)(B)(iii).
Subsec. (f)(6).
1987—Subsec. (a)(1)(A).
Subsec. (f)(1)(C).
Subsec. (g)(1).
1986—Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (i).
1985—Subsec. (a)(1)(B).
Subsec. (f)(2).
"(A) the Act of June 25, 1938 (
"(B) the authority of section 8(a) of the Small Business Act (
1984—
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (f)(2).
Subsec. (h).
1982—Subsec. (a).
Subsec. (e).
Subsec. (f)(1).
Subsec. (i).
1981—Subsecs. (a)(3), (g).
1980—Subsec. (f).
1974—Subsec. (a)(3).
Subsec. (g).
1968—Subsec. (g).
Subsec. (h).
1962—Subsec. (a).
Subsec. (g).
1958—Subsec. (a).
Effective Date of 1997 Amendment
Amendment by section 850(f)(3)(B) of
Effective Date of 1996 Amendment
For effective date and applicability of amendments by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1986 Amendment
Section 101(c) [title X, §923(d)] of
"(1) The amendment made by subsection (a) [amending this section] shall apply with respect to contracts for which solicitations are issued after the end of the 180-day period beginning on the date of the enactment of this Act [Oct. 18, 1986].
"(2) The amendment made by subsection (b) [amending this section] shall apply with respect to contracts awarded on the basis of unsolicited research proposals after the end of the 180-day period beginning on the date of the enactment of this Act.
"(3) The amendments made by subsection (c) [amending this section] shall apply with respect to follow-on contracts awarded after the end of the 180-day period beginning on the date of the enactment of this Act."
Effective Date of 1985 Amendment
Section 961(e) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1962 Amendment
Section 1(h) of
Effective Date of 1958 Amendment
Amendment by
Construction of 1994 Amendment
Repeal of prior subsec. (j) of this section by section 1004(b) of
Construction of 1984 Amendment
Section 2723(c) of
GAO Report
Procurement of Conventional Ammunition
"(a)
"(b)
"(c)
Warranty Claims Recovery Pilot Program
Section 391 of
"(a)
"(b)
"(1) Collection services.
"(2) Determination of amounts owed the Department of Defense for repair of aircraft engines for conditions covered by warranties.
"(3) Identification and location of the sources of information that are relevant to collection of Department of Defense claims under aircraft engine warranties, including electronic data bases and document filing systems maintained by the Department of Defense or by the manufacturers and suppliers of the aircraft engines.
"(4) Services to define the elements necessary for an effective training program to enhance and improve the performance of Department of Defense personnel in collecting and organizing documents and other information that are necessary for efficient filing, processing, and collection of Department of Defense claims under aircraft engine warranties.
"(c)
"(d)
"(e)
"(f)
"(g)
"(A) The number of contracts entered into under the program.
"(B) The extent to which the services provided under the contracts resulted in financial benefits for the Federal Government.
"(C) Any additional comments and recommendations that the Secretary considers appropriate regarding use of commercial sources of services for collection of Department of Defense claims under aircraft engine warranties.
"(2) Not later than March 1, 2001, the Comptroller General shall submit to Congress a report containing the results of a review by the Comptroller General of the pilot program. In the review, the Comptroller General shall—
"(A) assess the success of the methods used in the demonstration program to identify and recover Department of Defense claims under aircraft engine warranties;
"(B) determine the total amount recovered by the Department of Defense under the pilot program;
"(C) evaluate the report prepared by the Secretary under paragraph (1); and
"(D) develop recommendations for improving the process by which warranty claims are recovered by the Department of Defense."
Requirements Relating to Micro-Purchases
Section 848 of
"(a)
"(2) Not later than October 1, 2000, at least 90 percent of all eligible purchases made by the Department of Defense for an amount less than the micro-purchase threshold shall be made through streamlined micro-purchase procedures.
"(b)
"(c)
"(d)
"(A) the total dollar amount of all Department of Defense purchases for an amount less than the micro-purchase threshold in the fiscal year preceding the year in which the report is submitted;
"(B) the total dollar amount of such purchases that were considered to be eligible purchases;
"(C) the total amount of such eligible purchases that were made through a streamlined micro-purchase method; and
"(D) a description of the categories of purchases excluded from the definition of eligible purchases established under subsection (b).
"(e)
"(1) The term 'micro-purchase threshold' has the meaning provided in section 32 of the Office of Federal Procurement Policy Act (
"(2) The term 'streamlined micro-purchase procedures' means procedures providing for the use of the Government-wide commercial purchase card or any other method for carrying out micro-purchases that the Secretary of Defense prescribes in the regulations implementing this subsection."
Termination of Authority To Issue Solicitations for Purchases of Commercial Items in Excess of Simplified Acquisition Threshold
Section 4202(e) of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Authority of Base Commanders Over Contracting for Commercial Activities
"(a)
"(1) Prepare an inventory each fiscal year of commercial activities carried out by Government personnel on the military installation.
"(2) Decide which commercial activities shall be reviewed under the procedures and requirements of Office of Management and Budget Circular A–76 (or any successor administrative regulation or policy).
"(3) Conduct a solicitation for contracts for those commercial activities selected for conversion to contractor performance under the Circular A–76 process.
"(4) To the maximum extent practicable, assist in finding suitable employment for any employee of the Department of Defense who is displaced because of a contract entered into with a contractor for performance of a commercial activity on the military installation.
"(b)
"(c)
"(d)
Evaluation of Contracts for Professional and Technical Services
Section 804 of
Regulations On Use of Fixed-Price Development Contracts
Prohibition of Purchase of Angolan Petroleum Products From Companies Producing Oil in Angola
Section 842 of
Section 316 of
"(a)
"(b)
"(c)
"(1) natural or synthetic crude;
"(2) blends of natural or synthetic crude; and
"(3) products refined or derived from natural or synthetic crude or from such blends.
"(d)
Deadline for Prescribing Regulations
Section 101(c) [title X, §927(b)] of
One-Year Security-Guard Prohibition
Section 1222(b) of
"(1) Except as provided in paragraph (2), funds appropriated to the Department of Defense may not be obligated or expended before October 1, 1987, for the purpose of entering into a contract for the performance of security-guard functions at any military installation or facility.
"(2) The prohibition in paragraph (1) does not apply—
"(A) to a contract to be carried out at a location outside the United States (including its commonwealths, territories, and possessions) at which military personnel would have to be used for the performance of the function described in paragraph (1) at the expense of unit readiness;
"(B) to a contract to be carried out on a Government-owned but privately operated installation;
"(C) to a contract (or the renewal of a contract) for the performance of a function under contract on September 24, 1983; or
"(D) to a contract for the performance of security-guard functions if (i) the requirement for the functions arises after the date of the enactment of this Act [Nov. 14, 1986], and (ii) the Secretary of Defense determines the functions can be performed by contractor personnel without adversely affecting installation security, safety, or readiness."
Contracting Out Performance of Department of Defense Supply and Service Functions
Section 1223 of
Reports on Savings or Costs From Increased Use of Civilian Personnel
Section 1224 of
Determination of President of the United States, No. 93–32, July 19, 1993, 58 F.R. 40309, provided:
Pursuant to the authority vested in me by
You are authorized and directed to report this determination to the Congress and publish it in the Federal Register.
William J. Clinton.
Limitations on Contracting Performed by Coast Guard
"(1) a study has been performed by the Secretary of Transportation under the Office of Management and Budget Circular A–76 with respect to that procurement;
"(2) the Secretary of Transportation has performed a study, in addition to the study required by paragraph (1) of this subsection, to determine the impact of that procurement on the multimission capabilities of the Coast Guard; and
"(3) copies of the studies required by paragraphs (1) and (2) of this subsection are submitted to the Committee on Merchant Marine and Fisheries [now Committee on Transportation and Infrastructure] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate."
"(a)
"(1)
"[(2) Repealed.
"[(b) Repealed.
"(c)
"(d)
"(1)
"(2)
Similar provisions were contained in the following prior authorization act:
Contracted Advisory and Assistance Services
Section 918 of
Assignment of Principal Contracting Officers
Section 925 of
Prohibition on Felons Convicted of Defense-Contract-Related Felonies and Penalty on Employment of Such Persons by Defense Contractors
Reimbursement, Interest Charges, and Penalties for Overpayments Due to Cost and Pricing Data
Personnel for Performance of Services and Activities
Limitation on Contracting-Out Core Logistics Functions
Section 1231(a)–(e) of
Section 307 of
Shipbuilding Claims for Contract Price Adjustments
Weapon System Guarantees; Government-as-Source Exception; Waiver
Fighter Aircraft Engine Warranty
Insurance To Protect Government Contractors Against Cost of Correcting Contractor's Own Defects; Reimbursement Prohibited
Restrictions on Conversion of Performance of Commercial and Industrial Type Functions From Department of Defense Personnel to Private Contractors; Annual Report to Congress
Similar provisions for fiscal year 1980 were contained in
Contract Claims; Request for Equitable Adjustment; Request for Relief; Certification
Report to Congress by Secretary of Defense; Changes in Policy or Regulations Concerning Use of Private Contractors for Commercial or Industrial Type Function at Department of Defense Installations; Restrictions
Reporting Requirements for Secretary of Defense and Prime Contractors Concerning Payments by Prime Contractors for Work Performed by Subcontractors
Performance Review of Department of Defense Commercial or Industrial Functions
Discrimination in Petroleum Supplies to Armed Forces Prohibited; Enforcement Procedure; Penalties; Expiration
Announcements of Award of Contracts by Department of Defense; Disclosure of Identity of Contractor Prior to Announcement Prohibited
Award of Contracts Through Formal Advertising and Competitive Bidding Where Practicable
Non-Applicability of National Emergencies Act
Provisions of the National Emergencies Act not applicable to the powers and authorities conferred by subsec. (a)(1) of this section and actions taken hereunder, see
Cross References
Delegation of powers, see
Determinations or decisions based on written findings, see
National defense contract provisions as not authorizing increase in price of subsec. (a)(15) contracts to amount higher than lowest rejected bid of responsible bidder, see
Section Referred to in Other Sections
This section is referred to in
§2304a. Task and delivery order contracts: general authority
(a)
(b)
(1) The period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option, if any.
(2) The maximum quantity or dollar value of the services or property to be procured under the contract.
(3) A statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract.
(c)
(d)
(A) to award a single task or delivery order contract; or
(B) if the solicitation states that the head of the agency has the option to do so, to award separate task or delivery order contracts for the same or similar services or property to two or more sources.
(2) No determination under
(3) The regulations implementing this subsection shall—
(A) establish a preference for awarding, to the maximum extent practicable, multiple task or delivery order contracts for the same or similar services or property under the authority of paragraph (1)(B); and
(B) establish criteria for determining when award of multiple task or delivery order contracts would not be in the best interest of the Federal Government.
(e)
(f)
(g)
(Added
Codification
Another section 2304a was renumbered
Effective Date
For effective date and applicability of section, see section 10001 of
Provisions Not Affected by Pub. L. 103–355
Section 1004(d) of
"(1) the Brooks Automatic Data Processing Act (section 111 of the Federal Property and Administrative Services Act of 1949 ([former] 40 U.S.C. 759)); and
"(2) the Brooks Architect-Engineers Act (title IX of the Federal Property and Administrative Services Act of 1949 (
Section Referred to in Other Sections
This section is referred to in
§2304b. Task order contracts: advisory and assistance services
(a)
(2) The head of an agency may enter into a task order contract for procurement of advisory and assistance services only under the authority of this section.
(b)
(c)
(d)
(2) A task order contract entered into under this section shall contain the same information that is required by paragraph (1) to be included in the solicitation of offers for that contract.
(e)
(2) If, in the case of a task order contract for advisory and assistance services to be entered into under this section, the contract period is to exceed three years and the contract amount is estimated to exceed $10,000,000 (including all options), the solicitation shall—
(A) provide for a multiple award authorized under paragraph (1); and
(B) include a statement that the head of the agency may also elect to award only one task order contract if the head of the agency determines in writing that only one of the offerers is capable of providing the services required at the level of quality required.
(3) Paragraph (2) does not apply in the case of a solicitation for which the head of the agency concerned determines in writing that, because the services required under the task order contract are unique or highly specialized, it is not practicable to award more than one contract.
(f)
(2) Unless use of procedures other than competitive procedures is authorized by an exception in subsection (c) of
(3) Notice regarding the modification shall be provided in accordance with section 18 of the Office of Federal Procurement Policy Act (
(g)
(A) the award of a follow-on contract has been delayed by circumstances that were not reasonably foreseeable at the time the initial contract was entered into; and
(B) the extension is necessary in order to ensure continuity of the receipt of services pending the award of, and commencement of performance under, the follow-on contract.
(2) A task order contract may be extended under the authority of paragraph (1) only once and only in accordance with the limitations and requirements of this subsection.
(h)
(i)
(Added
Effective Date
For effective date and applicability of section, see section 10001 of
Provisions Not Affected by Pub. L. 103–355
This section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former
Section Referred to in Other Sections
This section is referred to in
§2304c. Task and delivery order contracts: orders
(a)
(1) A separate notice for such order under section 18 of the Office of Federal Procurement Policy Act (
(2) Except as provided in subsection (b), a competition (or a waiver of competition approved in accordance with
(b)
(1) the agency's need for the services or property ordered is of such unusual urgency that providing such opportunity to all such contractors would result in unacceptable delays in fulfilling that need;
(2) only one such contractor is capable of providing the services or property required at the level of quality required because the services or property ordered are unique or highly specialized;
(3) the task or delivery order should be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a task or delivery order already issued on a competitive basis; or
(4) it is necessary to place the order with a particular contractor in order to satisfy a minimum guarantee.
(c)
(d)
(e)
(f)
(Added
Effective Date
For effective date and applicability of section, see section 10001 of
Provisions Not Affected by Pub. L. 103–355
This section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former
Section Referred to in Other Sections
This section is referred to in
§2304d. Task and delivery order contracts: definitions
In
(1) The term "task order contract" means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract.
(2) The term "delivery order contract" means a contract for property that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of property during the period of the contract.
(Added
Effective Date
For effective date and applicability of section, see section 10001 of
Provisions Not Affected by Pub. L. 103–355
This section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former
Section Referred to in Other Sections
This section is referred to in
§2304e. Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities
(a)
(b)
(1) small business concerns in furtherance of section 8 or 15 of the Small Business Act (
(2) entities described in subsection (a)(1) of
(Added
Amendments
1996—
Effective Date
Section 848(b) of
§2305. Contracts: planning, solicitation, evaluation, and award procedures
(a)(1)(A) In preparing for the procurement of property or services, the head of an agency shall—
(i) specify the agency's needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement;
(ii) use advance procurement planning and market research; and
(iii) develop specifications in such manner as is necessary to obtain full and open competition with due regard to the nature of the property or services to be acquired.
(B) Each solicitation under this chapter shall include specifications which—
(i) consistent with the provisions of this chapter, permit full and open competition; and
(ii) include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the agency or as authorized by law.
(C) For the purposes of subparagraphs (A) and (B), the type of specification included in a solicitation shall depend on the nature of the needs of the agency and the market available to satisfy such needs. Subject to such needs, specifications may be stated in terms of—
(i) function, so that a variety of products or services may qualify;
(ii) performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or
(iii) design requirements.
(2) In addition to the specifications described in paragraph (1), a solicitation for sealed bids or competitive proposals (other than for a procurement for commercial items using special simplified procedures or a purchase for an amount not greater than the simplified acquisition threshold) shall at a minimum include—
(A) a statement of—
(i) all significant factors and significant subfactors which the head of the agency reasonably expects to consider in evaluating sealed bids (including price) or competitive proposals (including cost or price, cost-related or price-related factors and subfactors, and noncost-related or nonprice-related factors and subfactors); and
(ii) the relative importance assigned to each of those factors and subfactors; and
(B)(i) in the case of sealed bids—
(I) a statement that sealed bids will be evaluated without discussions with the bidders; and
(II) the time and place for the opening of the sealed bids; or
(ii) in the case of competitive proposals—
(I) either a statement that the proposals are intended to be evaluated with, and award made after, discussions with the offerors, or a statement that the proposals are intended to be evaluated, and award made, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) unless discussions are determined to be necessary; and
(II) the time and place for submission of proposals.
(3)(A) In prescribing the evaluation factors to be included in each solicitation for competitive proposals, the head of an agency—
(i) shall clearly establish the relative importance assigned to the evaluation factors and subfactors, including the quality of the product or services to be provided (including technical capability, management capability, prior experience, and past performance of the offeror);
(ii) shall include cost or price to the Federal Government as an evaluation factor that must be considered in the evaluation of proposals; and
(iii) shall disclose to offerors whether all evaluation factors other than cost or price, when combined, are—
(I) significantly more important than cost or price;
(II) approximately equal in importance to cost or price; or
(III) significantly less important than cost or price.
(B) The regulations implementing clause (iii) of subparagraph (A) may not define the terms "significantly more important" and "significantly less important" as specific numeric weights that would be applied uniformly to all solicitations or a class of solicitations.
(4) Nothing in this subsection prohibits an agency from—
(A) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfactors on a case-by-case basis; or
(B) stating in a solicitation that award will be made to the offeror that meets the solicitation's mandatory requirements at the lowest cost or price.
(5) The head of an agency, in issuing a solicitation for a contract to be awarded using sealed bid procedures, may not include in such solicitation a clause providing for the evaluation of prices for options to purchase additional property or services under the contract unless the head of the agency has determined that there is a reasonable likelihood that the options will be exercised.
(b)(1) The head of an agency shall evaluate sealed bids and competitive proposals and make an award based solely on the factors specified in the solicitation.
(2) All sealed bids or competitive proposals received in response to a solicitation may be rejected if the head of the agency determines that such action is in the public interest.
(3) Sealed bids shall be opened publicly at the time and place stated in the solicitation. The head of the agency shall evaluate the bids in accordance with paragraph (1) without discussions with the bidders and, except as provided in paragraph (2), shall award a contract with reasonable promptness to the responsible bidder whose bid conforms to the solicitation and is most advantageous to the United States, considering only price and the other price-related factors included in the solicitation. The award of a contract shall be made by transmitting, in writing or by electronic means, notice of the award to the successful bidder. Within three days after the date of contract award, the head of the agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.
(4)(A) The head of an agency shall evaluate competitive proposals in accordance with paragraph (1) and may award a contract—
(i) after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or
(ii) based on the proposals received, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) provided that the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary.
(B) If the contracting officer determines that the number of offerors that would otherwise be included in the competitive range under subparagraph (A)(i) exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of proposals in the competitive range, in accordance with the criteria specified in the solicitation, to the greatest number that will permit an efficient competition among the offerors rated most highly in accordance with such criteria.
(C) Except as provided in paragraph (2), the head of the agency shall award a contract with reasonable promptness to the responsible source whose proposal is most advantageous to the United States, considering only cost or price and the other factors included in the solicitation. The head of the agency shall award the contract by transmitting, in writing or by electronic means, notice of the award to such source and, within three days after the date of contract award, shall notify, in writing or by electronic means, all other offerors of the rejection of their proposals. This subparagraph does not apply with respect to the award of a contract for the acquisition of perishable subsistence items.
(5)(A) When a contract is awarded by the head of an agency on the basis of competitive proposals, an unsuccessful offeror, upon written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award. The head of the agency shall debrief the offeror within, to the maximum extent practicable, five days after receipt of the request by the agency.
(B) The debriefing shall include, at a minimum—
(i) the agency's evaluation of the significant weak or deficient factors in the offeror's offer;
(ii) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror;
(iii) the overall ranking of all offers;
(iv) a summary of the rationale for the award;
(v) in the case of a proposal that includes a commercial item that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract; and
(vi) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(C) The debriefing may not include point-by-point comparisons of the debriefed offeror's offer with other offers and may not disclose any information that is exempt from disclosure under
(D) Each solicitation for competitive proposals shall include a statement that information described in subparagraph (B) may be disclosed in post-award debriefings.
(E) If, within one year after the date of the contract award and as a result of a successful procurement protest, the agency seeks to fulfill the requirement under the protested contract either on the basis of a new solicitation of offers or on the basis of new best and final offers requested for that contract, the agency shall make available to all offerors—
(i) the information provided in debriefings under this paragraph regarding the offer of the contractor awarded the contract; and
(ii) the same information that would have been provided to the original offerors.
(6)(A) When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes such an offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within three days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award. The contracting officer shall make every effort to debrief the unsuccessful offeror as soon as practicable but may refuse the request for a debriefing if it is not in the best interests of the Government to conduct a debriefing at that time.
(B) The contracting officer is required to debrief an excluded offeror in accordance with paragraph (5) only if that offeror requested and was refused a preaward debriefing under subparagraph (A).
(C) The debriefing conducted under subparagraph (A) shall include—
(i) the executive agency's evaluation of the significant elements in the offeror's offer;
(ii) a summary of the rationale for the offeror's exclusion; and
(iii) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency.
(D) The debriefing conducted under subparagraph (A) may not disclose the number or identity of other offerors and shall not disclose information about the content, ranking, or evaluation of other offerors' proposals.
(7) The contracting officer shall include a summary of any debriefing conducted under paragraph (5) or (6) in the contract file.
(8) The Federal Acquisition Regulation shall include a provision encouraging the use of alternative dispute resolution techniques to provide informal, expeditious, and inexpensive procedures for an offeror to consider using before filing a protest, prior to the award of a contract, of the exclusion of the offeror from the competitive range (or otherwise from further consideration) for that contract.
(9) If the head of an agency considers that a bid or proposal evidences a violation of the antitrust laws, he shall refer the bid or proposal to the Attorney General for appropriate action.
(c) The Secretary of Defense shall ensure that before a contract for the delivery of supplies to the Department of Defense is entered into—
(1) when the appropriate officials of the Department are making an assessment of the most advantageous source for acquisition of the supplies (considering quality, price, delivery, and other factors), there is a review of the availability and cost of each item of supply—
(A) through the supply system of the Department of Defense; and
(B) under standard Government supply contracts, if the item is in a category of supplies defined under regulations of the Secretary of Defense as being potentially available under a standard Government supply contract; and
(2) there is a review of both the procurement history of the item and a description of the item, including, when necessary for an adequate description of the item, a picture, drawing, diagram, or other graphic representation of the item.
(d)(1)(A) The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a development contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in subparagraph (B). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system's required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror's price.
(B) Proposals referred to in the first sentence of subparagraph (A) are the following:
(i) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source.
(ii) With respect to items that are likely to be required in substantial quantities during the system's service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future.
(2)(A) The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a production contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in subparagraph (B). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system's required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror's price.
(B) Proposals referred to in the first sentence of subparagraph (A) are proposals identifying opportunities to ensure that the United States will be able to obtain on a competitive basis items procured in connection with the system that are likely to be reprocured in substantial quantities during the service life of the system. Proposals submitted in response to such requirement may include the following:
(i) Proposals to provide to the United States the right to use technical data to be provided under the contract for competitive reprocurement of the item, together with the cost to the United States, if any, of acquiring such technical data and the right to use such data.
(ii) Proposals for the qualification or development of multiple sources of supply for the item.
(3) If the head of an agency is making a noncompetitive award of a development contract or a production contract for a major system, the factors specified in paragraphs (1) and (2) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded. Such objectives may not impair the rights of prospective contractors or subcontractors otherwise provided by law.
(4)(A) Whenever the head of an agency requires that proposals described in paragraph (1)(B) or (2)(B) be submitted by an offeror in its offer, the offeror shall not be required to provide a proposal that enables the United States to acquire competitively in the future an identical item if the item was developed exclusively at private expense unless the head of the agency determines that—
(i) the original supplier of such item will be unable to satisfy program schedule or delivery requirements; or
(ii) proposals by the original supplier of such item to meet the mobilization requirements are insufficient to meet the agency's mobilization needs.
(B) In considering offers in response to a solicitation requiring proposals described in paragraph (1)(B) or (2)(B), the head of an agency shall base any evaluation of items developed exclusively at private expense on an analysis of the total value, in terms of innovative design, life-cycle costs, and other pertinent factors, of incorporating such items in the system.
(e)
(2) Information exempt from disclosure under
(f)
(1) may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of
(2) may pay costs described in paragraph (1) of
(g)
(2) Paragraph (1) does not apply to any proposal that is set forth or incorporated by reference in a contract entered into between the Department and the contractor that submitted the proposal.
(3) In this subsection, the term "proposal" means any proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2305(a) 2305(b) |
41:152 (less clause (b)). 41:152 (clause (b)). |
Feb. 19, 1948, ch. 65, §§2(d), 3, |
2305(c) | 41:151(d). |
In subsection (a), the word "needed" is substituted for the words "necessary to meet the requirements".
In subsection (b), the words "United States" are substituted for the word "Government".
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2305 | 41:152(c). | Aug. 9, 1955, ch. 628, §15, |
Reference to bids is omitted as surplusage (see opinion of the Judge Advocate General of the Army (JAGT 1956/9122, 21 Dec. 1956)). The word "attachments" is substituted for the words "material required". The words "the specifications in" are inserted in the second sentence for clarity. The word "available" is omitted as covered by the word "accessible." The words "no award may be made" are substituted for the words "and any award or awards made to any bidder in such case shall be invalidated and rejected".
Codification
Amendments
1999—Subsec. (g)(1).
1996—Subsec. (a)(2).
Subsec. (b)(4)(B).
Subsec. (b)(4)(C).
Subsec. (b)(5)(F).
Subsec. (b)(6).
Subsec. (b)(6)(B).
Subsec. (b)(6)(C).
Subsec. (b)(6)(D).
Subsec. (b)(7), (8).
Subsec. (b)(9).
Subsec. (e)(3).
Subsec. (g).
1994—Subsec. (a)(2).
Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(A)(ii).
Subsec. (a)(2)(B)(ii)(I).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (b)(3).
Subsec. (b)(4)(B).
Subsec. (b)(5), (6).
Subsec. (e).
Subsec. (f).
1993—Subsec. (b)(4)(A).
1990—Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(A)(ii).
Subsec. (a)(2(B)(ii)(I).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4)(A).
"(i) after discussions conducted with the offerors at any time after receipt of the proposals and before the award of the contract; or
"(ii) without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) when it can be clearly demonstrated from the existence of full and open competition or accurate prior cost experience with the product or service that acceptance of an initial proposal without discussions would result in the lowest overall cost to the United States."
Subsec. (b)(4)(B) to (E).
"(B) In the case of award of a contract under subparagraph (A)(i), the head of the agency shall conduct, before such award, written or oral discussions with all responsible sources who submit proposals within the competitive range, considering only cost or price and the other factors included in the solicitation.
"(C) In the case of award of a contract under subparagraph (A)(ii), the head of the agency shall award the contract based on the proposals received (and as clarified, if necessary, in discussions conducted for the purpose of minor clarification)."
1989—Subsec. (b)(4)(D).
1988—Subsec. (d)(1)(B).
Subsec. (d)(2)(B).
Subsec. (d)(3).
Subsec. (d)(4).
1986—Subsec. (a).
Subsec. (b)(4)(B).
Subsec. (b)(4)(E).
1985—Subsec. (b)(5).
1984—Subsecs. (c), (d).
Catchline, subsecs. (a) to (d).
1968—Subsec. (a).
1958—Subsecs. (b) to (d).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by sections 4103(a), 4104(a), and 4202(a)(2) of
Amendment by section 5601(a) of
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1990 Amendment
Section 802(e) of
"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply with respect to solicitations for sealed bids or competitive proposals issued after the end of the 120-day period beginning on the date of the enactment of this Act [Nov. 5, 1990].
"(2) The Secretary of Defense may require the amendments made by this section to apply with respect to solicitations issued before the end of the period referred to in paragraph (1). The Secretary of Defense shall publish in the Federal Register notice of any such earlier effective date."
Effective Date of 1986 Amendment
Section 101(c) [title X, §924(c)] of
Effective Date of 1984 Amendments
Section 1213(b) of
Amendment by
Certificate of Competency Requirements
Construction of 1984 Amendment
Amendment by
Cross References
Regulations for bids for contracts, see
Research and development contracts, negotiation without advertising, see
Section Referred to in Other Sections
This section is referred to in
§2305a. Design-build selection procedures
(a)
(b)
(1) The extent to which the project requirements have been adequately defined.
(2) The time constraints for delivery of the project.
(3) The capability and experience of potential contractors.
(4) The suitability of the project for use of the two-phase selection procedures.
(5) The capability of the agency to manage the two-phase selection process.
(6) Other criteria established by the agency.
(c)
(1) The agency develops, either in-house or by contract, a scope of work statement for inclusion in the solicitation that defines the project and provides prospective offerors with sufficient information regarding the Government's requirements (which may include criteria and preliminary design, budget parameters, and schedule or delivery requirements) to enable the offerors to submit proposals which meet the Government's needs. If the agency contracts for development of the scope of work statement, the agency shall contract for architectural and engineering services as defined by and in accordance with the Brooks Architect-Engineers Act (
(2) The contracting officer solicits phase-one proposals that—
(A) include information on the offeror's—
(i) technical approach; and
(ii) technical qualifications; and
(B) do not include—
(i) detailed design information; or
(ii) cost or price information.
(3) The evaluation factors to be used in evaluating phase-one proposals are stated in the solicitation and include specialized experience and technical competence, capability to perform, past performance of the offeror's team (including the architect-engineer and construction members of the team) and other appropriate factors, except that cost-related or price-related evaluation factors are not permitted. Each solicitation establishes the relative importance assigned to the evaluation factors and subfactors that must be considered in the evaluation of phase-one proposals. The agency evaluates phase-one proposals on the basis of the phase-one evaluation factors set forth in the solicitation.
(4) The contracting officer selects as the most highly qualified the number of offerors specified in the solicitation to provide the property or services under the contract and requests the selected offerors to submit phase-two competitive proposals that include technical proposals and cost or price information. Each solicitation establishes with respect to phase two—
(A) the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work (or both), and
(B) the evaluation factors and subfactors, including cost or price, that must be considered in the evaluations of proposals in accordance with paragraphs (2), (3), and (4) of
The contracting officer separately evaluates the submissions described in subparagraphs (A) and (B).
(5) The agency awards the contract in accordance with
(d)
(e)
(1) regarding the factors that may be considered in determining whether the two-phase contracting procedures authorized by subsection (a) are appropriate for use in individual contracting situations;
(2) regarding the factors that may be used in selecting contractors; and
(3) providing for a uniform approach to be used Government-wide.
(Added
References in Text
The Brooks Architect-Engineers Act, referred to in subsecs. (a) and (c)(1), is title IX of act June 30, 1949, ch. 288, as added by act Oct. 27, 1972,
Prior Provisions
A prior section 2305a was renumbered
Amendments
1997—Subsec. (a).
Effective Date
For effective date and applicability of section, see section 4401 of
§2306. Kinds of contracts
(a) The cost-plus-a-percentage-of-cost system of contracting may not be used. Subject to the limitation in the preceding sentence, the other provisions of this section, and other applicable provisions of law, the head of an agency, in awarding contracts under this chapter after using procedures other than sealed-bid procedures, may enter into any kind of contract that he considers will promote the best interests of the United States.
(b) Each contract awarded under this chapter after using procedures other than sealed-bid procedures shall contain a warranty, determined to be suitable by the head of the agency, that the contractor has employed or retained no person or selling agency to solicit or obtain the contract under an understanding or agreement for a commission, percentage, brokerage, or contingent fee, except a bona fide employee or established commercial or selling agency maintained by him to obtain business. If a contractor breaks such a warranty the United States may annul the contract without liability or may deduct the commission, percentage, brokerage, or contingent fee from the contract price or consideration. This subsection does not apply to a contract that is for an amount not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial items.
[(c) Repealed.
(d) The fee for performing a cost-plus-a-fixed-fee contract for experimental, developmental, or research work may not be more than 15 percent of the estimated cost of the contract, not including the fee. The fee for performing a cost-plus-a-fixed-fee contract for architectural or engineering services for a public work or utility plus the cost of those services to the contractor may not be more than 6 percent of the estimated cost of that work or project, not including fees. The fee for performing any other cost-plus-a-fixed-fee contract may not be more than 10 percent of the estimated cost of the contract, not including the fee. Determinations under this subsection of the estimated costs of a contract or project shall be made by the head of the agency at the time the contract is made.
(e) Each cost contract and each cost-plus-a- fixed-fee contract shall provide for notice to the agency by the contractor before the making, under the prime contract, of—
(1) a cost-plus-a-fixed-fee subcontract; or
(2) a fixed-price subcontract or purchase order involving more than the greater of (A) the simplified acquisition threshold, or (B) 5 percent of the estimated cost of the prime contract.
(f) So-called "truth-in-negotiations" provisions relating to cost or pricing data to be submitted by certain contractors and subcontractors are provided in
(g)(1) The head of an agency may enter into contracts for periods of not more than five years for the following types of services (and items of supply related to such services) for which funds would otherwise be available for obligation only within the fiscal year for which appropriated—
(A) operation, maintenance, and support of facilities and installations;
(B) maintenance or modification of aircraft, ships, vehicles, and other highly complex military equipment;
(C) specialized training necessitating high quality instructor skills (for example, pilot and aircrew members; foreign language training); and
(D) base services (for example, ground maintenance; in-plane refueling; bus transportation; refuse collection and disposal);
whenever he finds that—
(i) there will be a continuing requirement for the services consonant with current plans for the proposed contract period;
(ii) the furnishing of such services will require a substantial initial investment in plant or equipment, or the incurrence of substantial contingent liabilities for the assembly, training, or transportation of a specialized work force; and
(iii) the use of such a contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operation.
(2) In entering into such contracts, the head of the agency shall be guided by the following principles:
(A) The portion of the cost of any plant or equipment amortized as a cost of contract performance should not exceed the ratio between the period of contract performance and the anticipated useful commercial life of such plant or equipment. Useful commercial life, for this purpose, means the commercial utility of the facilities rather than the physical life thereof, with due consideration given to such factors as location of facilities, specialized nature thereof, and obsolescence.
(B) Consideration shall be given to the desirability of obtaining an option to renew the contract for a reasonable period not to exceed three years, at prices not to include charges for plant, equipment and other nonrecurring costs, already amortized.
(C) Consideration shall be given to the desirability of reserving in the agency the right, upon payment of the unamortized portion of the cost of the plant or equipment, to take title thereto under appropriate circumstances.
(3) In the event funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from—
(A) appropriations originally available for the performance of the contract concerned;
(B) appropriations currently available for procurement of the type of services concerned, and not otherwise obligated; or
(C) funds appropriated for those payments.
(h) Multiyear contracting authority for the purchase of property is provided in
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2306(a) 2306(b) |
41:153(a) (1st sentence). 41:153(b) (1st 14 words of 1st sentence). 41:153(a) (less 1st sentence). |
Feb. 19, 1948, ch. 65, §4 (less words after semicolon of last sentence of (b), and less (c)), |
2306(c) | 41:153(b) (2d sentence). | |
2306(d) | 41:153(b) (1st sentence, less 1st 14 words). | |
2306(e) | 41:153(b) (less 1st and 2d sentences; and less words after semicolon of last sentence). |
In subsection (a), the words "subject to subsections (b)–(e)" are substituted for the words "Except as provided in subsection (b) of this section". The words "United States" are substituted for the word "Government".
In subsection (b), the words "under
In subsection (c), the words "under
Codification
Prior Provisions
Provisions similar to those in subsec. (h)(11) of this section were contained in
Amendments
1997—Subsec. (h).
1994—Subsec. (b).
Subsec. (c).
Subsec. (e)(2)(A).
Subsec. (h).
1991—Subsec. (e)(2)(A).
1990—Subsec. (h)(1).
Subsec. (h)(6).
Subsec. (h)(9).
Subsec. (h)(9)(C).
"(i) achieves a 10 percent savings as compared to the cost of current negotiated contracts, adjusted for changes in quantity and for inflation; or
"(ii) achieves a 10 percent savings as compared to annual contracts if no recent contract experience exists."
1989—Subsec. (h)(9) to (11).
1986—
Subsec. (f).
1985—Subsec. (a).
Subsec. (b).
1984—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e)(2).
Subsec. (f)(1).
Subsec. (f)(1)(A).
Subsec. (f)(1)(B).
Subsec. (f)(1)(C).
Subsec. (f)(1)(D).
Subsec. (f)(2).
Subsec. (f)(3).
Subsec. (f)(4).
Subsec. (f)(5).
1981—Subsec. (f)(1).
Subsec. (g)(1).
Subsec. (h).
1980—Subsec. (f).
Subsec. (g).
1968—Subsec. (f).
Subsec. (g).
1962—Subsec. (a).
Subsec. (f).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1986 Amendment
Amendment by section 101(c) [title X, §952(b)(1)] of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1962 Amendment
For effective date of amendment by
Transition Provision
Section 805(c) of
Multiyear Procurement Authority; Requests for Relief
Technical Data and Computer Software Packages; Procurement; Contracting Period; Deferred Ordering Clause; Exemptions; Report to Congressional Committees; Definitions
Cross References
Cost-type research and development contracts with educational institutions, see
Determinations or decisions based on written findings, see
Research and development, see
Section Referred to in Other Sections
This section is referred to in
§2306a. Cost or pricing data: truth in negotiations
(a)
(A) An offeror for a prime contract under this chapter to be entered into using procedures other than sealed-bid procedures shall be required to submit cost or pricing data before the award of a contract if—
(i) in the case of a prime contract entered into after December 5, 1990, the price of the contract to the United States is expected to exceed $500,000; and
(ii) in the case of a prime contract entered into on or before December 5, 1990, the price of the contract to the United States is expected to exceed $100,000.
(B) The contractor for a prime contract under this chapter shall be required to submit cost or pricing data before the pricing of a change or modification to the contract if—
(i) in the case of a change or modification made to a prime contract referred to in subparagraph (A)(i), the price adjustment is expected to exceed $500,000;
(ii) in the case of a change or modification made after December 5, 1991, to a prime contract that was entered into on or before December 5, 1990, and that has been modified pursuant to paragraph (6), the price adjustment is expected to exceed $500,000; and
(iii) in the case of a change or modification not covered by clause (i) or (ii), the price adjustment is expected to exceed $100,000.
(C) An offeror for a subcontract (at any tier) of a contract under this chapter shall be required to submit cost or pricing data before the award of the subcontract if the prime contractor and each higher-tier subcontractor have been required to make available cost or pricing data under this section and—
(i) in the case of a subcontract under a prime contract referred to in subparagraph (A)(i), the price of the subcontract is expected to exceed $500,000;
(ii) in the case of a subcontract entered into after December 5, 1991, under a prime contract that was entered into on or before December 5, 1990, and that has been modified pursuant to paragraph (6), the price of the subcontract is expected to exceed $500,000; and
(iii) in the case of a subcontract not covered by clause (i) or (ii), the price of the subcontract is expected to exceed $100,000.
(D) The subcontractor for a subcontract covered by subparagraph (C) shall be required to submit cost or pricing data before the pricing of a change or modification to the subcontract if—
(i) in the case of a change or modification to a subcontract referred to in subparagraph (C)(i) or (C)(ii), the price adjustment is expected to exceed $500,000; and
(ii) in the case of a change or modification to a subcontract referred to in subparagraph (C)(iii), the price adjustment is expected to exceed $100,000.
(2) A person required, as an offeror, contractor, or subcontractor, to submit cost or pricing data under paragraph (1) (or required by the head of the agency concerned to submit such data under subsection (c)) shall be required to certify that, to the best of the person's knowledge and belief, the cost or pricing data submitted are accurate, complete, and current.
(3) Cost or pricing data required to be submitted under paragraph (1) (or under subsection (c)), and a certification required to be submitted under paragraph (2), shall be submitted—
(A) in the case of a submission by a prime contractor (or an offeror for a prime contract), to the contracting officer for the contract (or to a designated representative of the contracting officer); or
(B) in the case of a submission by a subcontractor (or an offeror for a subcontract), to the prime contractor.
(4) Except as provided under subsection (b), this section applies to contracts entered into by the head of an agency on behalf of a foreign government.
(5) A waiver of requirements for submission of certified cost or pricing data that is granted under subsection (b)(1)(C) in the case of a contract or subcontract does not waive the requirement under paragraph (1)(C) for submission of cost or pricing data in the case of subcontracts under that contract or subcontract unless the head of the procuring activity granting the waiver determines that the requirement under that paragraph should be waived in the case of such subcontracts and justifies in writing the reasons for the determination.
(6) Upon the request of a contractor that was required to submit cost or pricing data under paragraph (1) in connection with a prime contract entered into on or before December 5, 1990, the head of the agency that entered into such contract shall modify the contract to reflect subparagraphs (B)(ii) and (C)(ii) of paragraph (1). All such modifications shall be made without requiring consideration.
(7) Effective on October 1 of each year that is divisible by 5, each amount set forth in paragraph (1) shall be adjusted to the amount that is equal to the fiscal year 1994 constant dollar value of the amount set forth. Any amount, as so adjusted, that is not evenly divisible by $50,000 shall be rounded to the nearest multiple of $50,000. In the case of an amount that is evenly divisible by $25,000 but not evenly divisible by $50,000, the amount shall be rounded to the next higher multiple of $50,000.
(b)
(1)
(A) for which the price agreed upon is based on—
(i) adequate price competition; or
(ii) prices set by law or regulation;
(B) for the acquisition of a commercial item; or
(C) in an exceptional case when the head of the procuring activity, without delegation, determines that the requirements of this section may be waived and justifies in writing the reasons for such determination.
(2)
(A) the contract or subcontract being modified is a contract or subcontract for which submission of certified cost or pricing data may not be required by reason of paragraph (1)(A) or (1)(B); and
(B) the modification would not change the contract or subcontract, as the case may be, from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(A) Reasonable limitations on requests for sales data relating to commercial items.
(B) A requirement that a contracting officer limit, to the maximum extent practicable, the scope of any request for information relating to commercial items from an offeror to only that information that is in the form regularly maintained by the offeror in commercial operations.
(C) A statement that any information received relating to commercial items that is exempt from disclosure under
(e)
(B) For the purposes of this section, defective cost or pricing data are cost or pricing data which, as of the date of agreement on the price of the contract (or another date agreed upon between the parties), were inaccurate, incomplete, or noncurrent. If for purposes of the preceding sentence the parties agree upon a date other than the date of agreement on the price of the contract, the date agreed upon by the parties shall be as close to the date of agreement on the price of the contract as is practicable.
(2) In determining for purposes of a contract price adjustment under a contract provision required by paragraph (1) whether, and to what extent, a contract price was increased because the contractor (or a subcontractor) submitted defective cost or pricing data, it shall be a defense that the United States did not rely on the defective data submitted by the contractor or subcontractor.
(3) It is not a defense to an adjustment of the price of a contract under a contract provision required by paragraph (1) that—
(A) the price of the contract would not have been modified even if accurate, complete, and current cost or pricing data had been submitted by the contractor or subcontractor because the contractor or subcontractor—
(i) was the sole source of the property or services procured; or
(ii) otherwise was in a superior bargaining position with respect to the property or services procured;
(B) the contracting officer should have known that the cost and pricing data in issue were defective even though the contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the contracting officer;
(C) the contract was based on an agreement between the contractor and the United States about the total cost of the contract and there was no agreement about the cost of each item procured under such contract; or
(D) the prime contractor or subcontractor did not submit a certification of cost and pricing data relating to the contract as required under subsection (a)(2).
(4)(A) A contractor shall be allowed to offset an amount against the amount of a contract price adjustment under a contract provision required by paragraph (1) if—
(i) the contractor certifies to the contracting officer (or to a designated representative of the contracting officer) that, to the best of the contractor's knowledge and belief, the contractor is entitled to the offset; and
(ii) the contractor proves that the cost or pricing data were available before the date of agreement on the price of the contract (or price of the modification) or, if applicable consistent with paragraph (1)(B), another date agreed upon between the parties, and that the data were not submitted as specified in subsection (a)(3) before such date.
(B) A contractor shall not be allowed to offset an amount otherwise authorized to be offset under subparagraph (A) if—
(i) the certification under subsection (a)(2) with respect to the cost or pricing data involved was known to be false when signed; or
(ii) the United States proves that, had the cost or pricing data referred to in subparagraph (A)(ii) been submitted to the United States before the date of agreement on the price of the contract (or price of the modification) or, if applicable consistent with paragraph (1)(B), another date agreed upon between the parties, the submission of such cost or pricing data would not have resulted in an increase in that price in the amount to be offset.
(f)
(A) for interest on the amount of such overpayment, to be computed—
(i) for the period beginning on the date the overpayment was made to the contractor and ending on the date the contractor repays the amount of such overpayment to the United States; and
(ii) at the current rate prescribed by the Secretary of the Treasury under section 6621 of the Internal Revenue Code of 1986; and
(B) if the submission of such defective data was a knowing submission, for an additional amount equal to the amount of the overpayment.
(2) Any liability under this subsection of a contractor that submits cost or pricing data but refuses to submit the certification required by subsection (a)(2) with respect to the cost or pricing data shall not be affected by the refusal to submit such certification.
(g)
(h)
(1)
(2)
(3)
(Added
References in Text
Section 6621 of the Internal Revenue Code of 1986, referred to in subsec. (f)(1)(A)(ii), is classified to
Codification
Amendments
1998—Subsec. (a)(5).
Subsec. (d)(1).
1997—Subsec. (a)(5).
1996—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e)(4)(B)(ii).
Subsec. (h).
Subsec. (h)(3).
Subsec. (i).
Subsec. (i)(3).
1994—Subsec. (a)(1)(A)(i).
Subsec. (a)(1)(A)(ii).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (b).
"(1) for which the price agreed upon is based on—
"(A) adequate price competition;
"(B) established catalog or market prices of commercial items sold in substantial quantities to the general public; or
"(C) prices set by law or regulation; or
"(2) in an exceptional case when the head of the agency determines that the requirements of this section may be waived and states in writing his reasons for such determination."
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (e)(4)(A)(ii), (B)(ii).
Subsec. (f).
Subsec. (f)(1).
Subsec. (g).
"(1) For the purpose of evaluating the accuracy, completeness, and currency of cost or pricing data required to be submitted by this section with respect to a contract or subcontract, the head of the agency, acting through any authorized representative of the head of the agency who is an employee of the United States or a member of the armed forces, shall have the right to examine all records of the contractor or subcontractor related to—
"(A) the proposal for the contract or subcontract;
"(B) the discussions conducted on the proposal;
"(C) pricing of the contract or subcontract; or
"(D) performance of the contract or subcontract.
"(2) The right of the head of an agency under paragraph (1) shall expire three years after final payment under the contract or subcontract.
"(3) In this subsection, the term 'records' includes books, documents, and other data."
Subsec. (h).
Subsec. (i).
1991—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(1)(C).
"(i) the price of the subcontract is expected to exceed the dollar amount applicable under subparagraph (A) to the prime contract of that subcontract; and
"(ii) the prime contractor and each higher-tier subcontractor have been required to make available cost or pricing data under this section."
Subsec. (a)(1)(C)(i).
Subsec. (a)(1)(D).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (e)(1)(A)(i).
Subsec. (e)(1)(A)(ii).
1990—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(1)(C)(i).
Subsec. (a)(1)(D).
Subsec. (c).
1987—Subsec. (a)(5).
Subsec. (e)(2).
Subsec. (g).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by sections 4201(a) and 4321(b)(7) of
Section 4321(a) of
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1990 Amendment
Section 803(a)(2) of
Effective Date of 1987 Amendment
Section 804(c) of
"(1) Subsection (a) [amending this section] shall apply to any contract, or modification of a contract, entered into after the end of the 30-day period beginning on the date of the enactment of this Act [Dec. 4, 1987].
"(2) The amendments made by subsection (b) [amending this section] shall apply with respect to contracts, or modifications of contracts, entered into after the end of the 120-day period beginning on October 18, 1986."
Effective Date of 1986 Amendment
Section 101(c) [title X, §952(d)] of
"(1) Except as provided in paragraph (2),
"(2) Subsection (e) of such section shall apply with respect to contracts or modifications on contracts entered into after November 7, 1985."
Regulations
Section 803(c) of
Defense Commercial Pricing Management Improvement
"(a)
"(2) The regulations shall, at a minimum, provide specific guidance on—
"(A) the appropriate application and precedence of such price analysis tools as catalog-based pricing, market-based pricing, historical pricing, parametric pricing, and value analysis;
"(B) the circumstances under which contracting officers should require offerors of exempt commercial items to provide—
"(i) information on prices at which the offeror has previously sold the same or similar items; or
"(ii) other information other than certified cost or pricing data;
"(C) the role and responsibility of Department of Defense support organizations in procedures for determining price reasonableness; and
"(D) the meaning and appropriate application of the term 'purposes other than governmental purposes' in section 4(12) of the Office of Federal Procurement Policy Act (
"(3) This subsection shall cease to be effective 1 year after the date on which final regulations prescribed pursuant to paragraph (1) take effect.
"(b)
"(c)
"(2) A category of exempt commercial items referred to in paragraph (1) consists of exempt commercial items—
"(A) that are in a single Federal Supply Group or Federal Supply Class, are provided by a single contractor, or are otherwise logically grouped for the purpose of analyzing information on price trends; and
"(B) for which there is a potential for the price paid to be significantly higher (on a percentage basis) than the prices previously paid in procurements of the same or similar items for the Department of Defense, as determined by the head of the procuring Department of Defense agency or the Secretary of the procuring military department on the basis of criteria prescribed by the Secretary of Defense.
"(3) The head of a Department of Defense agency or the Secretary of a military department shall take appropriate action to address any unreasonable escalation in prices being paid for items procured by that agency or military department as identified in an analysis conducted pursuant to paragraph (1).
"(4) Not later than April 1 of each of fiscal years 2000, 2001, and 2002, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives] a report on the analyses of price trends that were conducted for categories of exempt commercial items during the preceding fiscal year under the procedures prescribed pursuant to paragraph (1). The report shall include a description of the actions taken to identify and address any unreasonable price escalation for the categories of items.
"(d)
Review by Inspector General
Section 803(b) of
Section Referred to in Other Sections
This section is referred to in
§2306b. Multiyear contracts: acquisition of property
(a)
(1) That the use of such a contract will result in substantial savings of the total anticipated costs of carrying out the program through annual contracts.
(2) That the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.
(3) That there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation.
(4) That there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.
(5) That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic.
(6) In the case of a purchase by the Department of Defense, that the use of such a contract will promote the national security of the United States.
(b)
(2)(A) The Secretary of Defense shall prescribe the regulations applicable to the Department of Defense.
(B) The Secretary of Transportation shall prescribe the regulations applicable to the Coast Guard, except that the regulations prescribed by the Secretary of Defense shall apply to the Coast Guard when it is operating as a service in the Navy.
(C) The Administrator of the National Aeronautics and Space Administration shall prescribe the regulations applicable to the National Aeronautics and Space Administration.
(c)
(d)
(1) multiyear contracting under subsection (a) shall be used in such a manner as to seek, retain, and promote the use under such contracts of companies that are subcontractors, vendors, or suppliers; and
(2) upon accrual of any payment or other benefit under such a multiyear contract to any subcontractor, vendor, or supplier company participating in such contract, such payment or benefit shall be delivered to such company in the most expeditious manner practicable.
(e)
(1) to provide for competition in the production of items to be delivered under such a contract; or
(2) to provide for termination of a prime contract the performance of which is deficient with respect to cost, quality, or schedule.
(f)
(1) appropriations originally available for the performance of the contract concerned;
(2) appropriations currently available for procurement of the type of property concerned, and not otherwise obligated; or
(3) funds appropriated for those payments.
(g)
(h)
(1) A multiyear contract for the purchase of a weapon system, items and services associated with a weapon system, and logistics support for a weapon system.
(2) A multiyear contract for advance procurement of components, parts, and materials necessary to the manufacture of a weapon system, including a multiyear contract for such advance procurement that is entered into in order to achieve economic-lot purchases and more efficient production rates.
(i)
(A) The Secretary of Defense certifies to Congress that the current future-years defense program fully funds the support costs associated with the multiyear program.
(B) The proposed multiyear contract provides for production at not less than minimum economic rates given the existing tooling and facilities.
(2) If for any fiscal year a multiyear contract to be entered into under this section is authorized by law for a particular procurement program and that authorization is subject to certain conditions established by law (including a condition as to cost savings to be achieved under the multiyear contract in comparison to specified other contracts) and if it appears (after negotiations with contractors) that such savings cannot be achieved, but that substantial savings could nevertheless be achieved through the use of a multiyear contract rather than specified other contracts, the President may submit to Congress a request for relief from the specified cost savings that must be achieved through multiyear contracting for that program. Any such request by the President shall include details about the request for a multiyear contract, including details about the negotiated contract terms and conditions.
(3) In the case of the Department of Defense, a multiyear contract in an amount equal to or greater than $500,000,000 may not be entered into for any fiscal year under this section unless the contract is specifically authorized by law in an Act other than an appropriations Act.
(j)
(k)
(l)
(B) Subparagraph (A) applies to the following contracts:
(i) A multiyear contract—
(I) that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract; or
(II) that includes an unfunded contingent liability in excess of $20,000,000.
(ii) Any contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year.
(2) The head of an agency may not initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability.
(3) The head of an agency may not initiate a multiyear procurement contract for any system (or component thereof) if the value of the multiyear contract would exceed $500,000,000 unless authority for the contract is specifically provided in an appropriations Act.
(4) The head of an agency may not enter into a multiyear contract (or extend an existing multiyear contract) until the Secretary of Defense submits to the congressional defense committees a report with respect to that contract (or contract extension) that provides the following information, shown for each year in the current future-years defense program and in the aggregate over the period of the current future-years defense program:
(A) The amount of total obligational authority under the contract (or contract extension) and the percentage that such amount represents of—
(i) the applicable procurement account; and
(ii) the agency procurement total.
(B) The amount of total obligational authority under all multiyear procurements of the agency concerned (determined without regard to the amount of the multiyear contract (or contract extension)) under multiyear contracts in effect immediately before the contract (or contract extension) is entered into and the percentage that such amount represents of—
(i) the applicable procurement account; and
(ii) the agency procurement total.
(C) The amount equal to the sum of the amounts under subparagraphs (A) and (B), and the percentage that such amount represents of—
(i) the applicable procurement account; and
(ii) the agency procurement total.
(D) The amount of total obligational authority under all Department of Defense multiyear procurements (determined without regard to the amount of the multiyear contract (or contract extension)), including any multiyear contract (or contract extension) that has been authorized by the Congress but not yet entered into, and the percentage that such amount represents of the procurement accounts of the Department of Defense treated in the aggregate.
(5) The head of an agency may not terminate a multiyear procurement contract until 10 days after the date on which notice of the proposed termination is provided to the congressional defense committees.
(6) The execution of multiyear contracting authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.
(7) This subsection does not apply to the National Aeronautics and Space Administration or to the Coast Guard.
(8) In this subsection, the term "congressional defense committees" means the following:
(A) The Committee on Armed Services of the Senate and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
(B) The Committee on Armed Services of the House of Representatives and the Subcommittee on National Security of the Committee on Appropriations of the House of Representatives.
(9) In this subsection:
(A) The term "applicable procurement account" means, with respect to a multiyear procurement contract (or contract extension), the appropriation account from which payments to execute the contract will be made.
(B) The term "agency procurement total" means the procurement accounts of the agency entering into a multiyear procurement contract (or contract extension) treated in the aggregate.
(Added
Amendments
1999—Subsec. (g).
Subsec. (l)(4) to (7).
Subsec. (l)(8).
Subsec. (l)(8)(B).
Subsec. (l)(9).
1997—
Subsec. (a).
Subsec. (d)(1).
Subsec. (i)(1)(A).
Subsec. (i)(3).
Subsec. (k).
Subsec. (l).
1996—Subsec. (g).
Subsecs. (k), (l).
Effective Date of 1997 Amendment
Section 806(a)(2) of
Section 806(b)(2) of
Effective Date of 1996 Amendment
Amendment by section 5601(b) of
Effective Date
For effective date and applicability of section, see section 10001 of
Multiyear Procurement Contracts
"(a) None of the funds provided in this Act [see Tables for classification] shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees [Committee on Armed Services and Subcommittee on National Security of the Committee on Appropriations of the House of Representatives and Committee on Armed Services and Subcommittee on Defense of the Committee on Appropriations of the Senate]: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.
"Funds appropriated in title III of this Act [
"Apache Longbow radar;
"AV–8B aircraft; and
"Family of Medium Tactical Vehicles.
"(b) None of the funds provided in this Act and hereafter may be used to submit to Congress (or to any committee of Congress) a request for authority to enter into a contract covered by those provisions of subsection (a) that precede the first proviso of that subsection unless—
"(1) such request is made as part of the submission of the President's Budget for the United States Government for any fiscal year and is set forth in the Appendix to that budget as part of proposed legislative language for appropriations bills for the next fiscal year; or
"(2) such request is formally submitted by the President as a budget amendment; or
"(3) the Secretary of Defense makes such request in writing to the congressional defense committees."
Similar provisions were contained in the following appropriation acts:
Section Referred to in Other Sections
This section is referred to in
§2307. Contract financing
(a)
(1) make advance, partial, progress, or other payments under contracts for property or services made by the agency; and
(2) insert in solicitations for procurement of property or services a provision limiting to small business concerns advance or progress payments.
(b)
(1) Performance measured by objective, quantifiable methods such as delivery of acceptable items, work measurement, or statistical process controls.
(2) Accomplishment of events defined in the program management plan.
(3) Other quantifiable measures of results.
(c)
(d)
(e)
(2) The Secretary shall ensure that progress payments referred to in paragraph (1) are not made for more than 80 percent of the work accomplished under a defense contract so long as the Secretary has not made the contractual terms, specifications, and price definite.
(3) This subsection applies to any contract in an amount greater than $25,000.
(f)
(2) Advance payments made under subsection (a) for commercial items may include payments, in a total amount of not more than 15 percent of the contract price, in advance of any performance of work under the contract.
(3) The conditions of subsections (d) and (e) need not be applied if they would be inconsistent, as determined by the head of the agency, with commercial terms and conditions pursuant to paragraphs (1) and (2).
(g)
(A) 95 percent, in the case of a firm considered to be a small business; and
(B) 90 percent, in the case of any other firm.
(2) The Secretary of the Navy may advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations. Advances under this paragraph shall be made on terms that the Secretary considers adequate for the protection of the United States.
(3) The Secretary of the Navy shall provide, in each contract for construction or conversion of a naval vessel, that, when partial, progress, or other payments are made under such contract, the United States is secured by a lien upon work in progress and on property acquired for performance of the contract on account of all payments so made. The lien is paramount to all other liens.
(h)
(i)
(2) The head of an agency receiving a recommendation under paragraph (1) in the case of a contractor's request for payment under a contract shall determine whether there is substantial evidence that the request is based on fraud. Upon making such a determination, the agency head may reduce or suspend further payments to the contractor under such contract.
(3) The extent of any reduction or suspension of payments by the head of an agency under paragraph (2) on the basis of fraud shall be reasonably commensurate with the anticipated loss to the United States resulting from the fraud.
(4) A written justification for each decision of the head of an agency whether to reduce or suspend payments under paragraph (2) and for each recommendation received by such agency head in connection with such decision shall be prepared and be retained in the files of such agency.
(5) The head of an agency shall prescribe procedures to ensure that, before such agency head decides to reduce or suspend payments in the case of a contractor under paragraph (2), the contractor is afforded notice of the proposed reduction or suspension and an opportunity to submit matters to the head of the agency in response to such proposed reduction or suspension.
(6) Not later than 180 days after the date on which the head of an agency reduces or suspends payments to a contractor under paragraph (2), the remedy coordination official of such agency shall—
(A) review the determination of fraud on which the reduction or suspension is based; and
(B) transmit a recommendation to the head of such agency whether the suspension or reduction should continue.
(7) The head of an agency shall prepare for each year a report containing the recommendations made by the remedy coordination official of that agency to reduce or suspend payments under paragraph (2), the actions taken on the recommendations and the reasons for such actions, and an assessment of the effects of such actions on the Federal Government. The Secretary of each military department shall transmit the annual report of such department to the Secretary of Defense. Each such report shall be available to any member of Congress upon request.
(8) This subsection applies to the agencies named in paragraphs (1), (2), (3), and (4) of
(9) The head of an agency may not delegate responsibilities under this subsection to any person in a position below level IV of the Executive Schedule.
(10) In this subsection, the term "remedy coordination official", with respect to an agency, means the person or entity in that agency who coordinates within that agency the administration of criminal, civil, administrative, and contractual remedies resulting from investigations of fraud or corruption related to procurement activities.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2307(a) 2307(b) |
41:154(a). 41:154 (less (a)). |
Feb. 19, 1948, ch. 65, §5, |
In subsection (a), the words "and appropriate" are omitted as surplusage. The words "whether or not the contract previously provided for such payments" are substituted for the words "heretofore or hereafter executed".
In subsection (b), the words "under subsection (a)" are inserted for clarity. The words "provide for" are substituted for the words "include as security provision for". The words "United States" are substituted for the word "Government".
1988 Act
Subsection (e) is based on
References in Text
Level IV of the Executive Schedule, referred to in subsec. (i)(9), is set out in
Prior Provisions
Provisions similar to those in subsec. (g) of this section were contained in
Amendments
1997—Subsecs. (h), (i).
1994—
Subsec. (a).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(3).
Subsecs. (f), (g).
Subsec. (h).
1992—Subsec. (e)(1).
1991—Subsec. (d)(3).
Subsec. (e).
Subsec. (f).
1990—Subsec. (d).
Subsec. (e).
Subsec. (f).
1988—Subsec. (e).
1973—Subsec. (d).
1958—
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1990 Amendment
Section 836(c) of
Relationship of 1994 Amendment to Prompt Payment Requirements
Section 2001(h) of
Limitations on Progress Payments
Obligations Entered Into Before November 16, 1973
Section 807(e) of
Cross References
Civilian agencies, advance payments, see
Delegation of power, see
Determinations or decisions based on written findings, see
Section Referred to in Other Sections
This section is referred to in
[§2308. Repealed. Pub. L. 103–355, title I, §1503(b)(1), Oct. 13, 1994, 108 Stat. 3297 ]
Section, acts Aug. 10, 1956, ch. 1041,
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
§2309. Allocation of appropriations
(a) Appropriations available for procurement by an agency named in
(b) A disbursing official of the allotting agency may make any disbursement chargeable to an allotment under subsection (a) upon a voucher certified by an officer or civilian employee of the procuring agency.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2309(a) 2309(b) |
41:159 (2d sentence). 41:159 (less 1st and 2d sentences). |
Feb. 19, 1948, ch. 65, §10 (less 1st sentence), |
In subsection (a), the words "an agency named in
In subsection (b), the words "an allotment under subsection (a)" are substituted for the words "such allotments".
Amendments
1982—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in title 50 section 403c.
§2310. Determinations and decisions
(a)
(b)
(2) Each finding referred to in paragraph (1) is final. The head of the agency making such finding shall maintain a copy of the finding for not less than 6 years after the date of the determination or decision.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2310(a) 2310(b) |
41:156(a) (1st sentence). 41:156(c). |
Feb. 19, 1948, ch. 65, §7(a) (1st sentence), (c), |
In subsection (a), the words "required * * * under" are substituted for the words "provided in".
In subsection (b), the word "person" is substituted for the word "official". The words "to which it applies" are inserted for clarity.
Amendments
1994—
"(a) Determinations and decisions required to be made under this chapter by the head of an agency may be made for an individual purchase or contract or, except for determinations and decisions under
"(b) Each determination or decision under
"(1) clearly indicate why the type of contract selected under
"(2) support the findings required by
"(3) clearly indicate why advance payments under
"(4) clearly indicate why the application of
Such a finding is final and shall be kept available in the agency for at least six years after the date of the determination or decision. A copy of the finding shall be submitted to the General Accounting Office with each contract to which it applies."
1985—Subsec. (a).
1984—Subsec. (a).
Subsec. (b).
1968—Subsec. (b).
1966—Subsec. (b).
1962—Subsec. (b).
1958—Subsec. (b).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1962 Amendment
For effective date of amendment by
§2311. Assignment and delegation of procurement functions and responsibilities
(a)
(b)
(1) the head of an agency may delegate functions and assign responsibilities relating to procurement to any officer or employee within such agency;
(2) the heads of two or more agencies may by agreement delegate procurement functions and assign procurement responsibilities from one agency to another of those agencies or to an officer or civilian employee of another of those agencies; and
(3) the heads of two or more agencies may create joint or combined offices to exercise procurement functions and responsibilities.
(c)
(2) The regulations shall include the following provisions:
(A) A requirement that, before any such termination or substantial reduction in participation is approved, the proposed termination or reduction be reviewed by the Joint Requirements Oversight Council of the Department of Defense.
(B) A provision that authorizes the Under Secretary of Defense for Acquisition, Technology, and Logistics to require a military department whose participation in a joint acquisition program has been approved for termination or substantial reduction to continue to provide some or all of the funding necessary for the acquisition program to be continued in an efficient manner.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2311 | 41:156(a) (less 1st sentence). 41:156(b). |
Feb. 19, 1948, ch. 65, §7(a) (less 1st sentence), (b), |
The words "in his discretion and" and "including the making of such determinations and decisions" are omitted as surplusage. The words "except the power to make determinations and decisions" are substituted for the words "Except as provided in subsection (b) of this section" and "The power of the agency head to make the determinations or decisions specified in paragraphs (12)–(16) of
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1999—Subsec. (c)(1), (2)(B).
1994—
1984—
1981—
1968—
1962—
1958—
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1962 Amendment
For effective date of amendment by
Cross References
Research and development contracts, delegation of authority, see
§2312. Remission of liquidated damages
Upon the recommendation of the head of an agency, the Secretary of the Treasury may remit all or part, as he considers just and equitable, of any liquidated damages assessed for delay in performing a contract, made by that agency, that provides for such damages.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2312 | 41:155. | Feb. 19, 1948, ch. 65, §6, |
The words "a contract, made by that agency, that provides for" are substituted for the words "any contract made on behalf of the Government by the agency head or by officers authorized by him so to do includes a provision".
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in title 50 section 403c.
§2313. Examination of records of contractor
(a)
(A) a contractor performing a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable contract, or any combination of such contracts, made by that agency under this chapter; and
(B) a subcontractor performing any cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable subcontract or any combination of such subcontracts under a contract referred to in subparagraph (A).
(2) The head of an agency, acting through an authorized representative, is authorized, for the purpose of evaluating the accuracy, completeness, and currency of certified cost or pricing data required to be submitted pursuant to
(A) the proposal for the contract or subcontract;
(B) the discussions conducted on the proposal;
(C) pricing of the contract or subcontract; or
(D) performance of the contract or subcontract.
(b)
(2) Any such subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of an appropriate United States district court.
(3) The authority provided by paragraph (1) may not be redelegated.
(c)
(2) Paragraph (1) does not apply to a contract or subcontract with a foreign contractor or foreign subcontractor if the head of the agency concerned determines, with the concurrence of the Comptroller General or his designee, that the application of that paragraph to the contract or subcontract would not be in the public interest. However, the concurrence of the Comptroller General or his designee is not required—
(A) where the contractor or subcontractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its records available for examination; and
(B) where the head of the agency determines, after taking into account the price and availability of the property and services from United States sources, that the public interest would be best served by not applying paragraph (1).
(3) Paragraph (1) may not be construed to require a contractor or subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to another provision of law.
(d)
(e)
(f)
(1) Contracts for utility services at rates not exceeding those established to apply uniformly to the public, plus any applicable reasonable connection charge.
(2) A contract or subcontract that is for an amount not greater than the simplified acquisition threshold.
(g)
(h)
(1) The contractor or subcontractor has established procedures to ensure that the imaging process preserves the integrity, reliability, and security of the original records.
(2) The contractor or subcontractor maintains an effective indexing system to permit timely and convenient access to the imaged records.
(3) The contractor or subcontractor retains the original records for a minimum of one year after imaging to permit periodic validation of the imaging systems.
(i)
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2313(a) | 41:153(b) (words after semicolon of last sentence). | Feb. 19, 1948, ch. 65, §4(b) (words after semicolon of last sentence), |
2313(b) | 41:153(c). | Feb. 19, 1948, ch. 65, §4(c); added Oct. 31, 1951, ch. 652 (as applicable to §4(c); of the Act of Feb. 19, 1948, ch. 65), |
In subsection (a), the words "An agency named in
In subsection (b), the word "under" is substituted for the words "pursuant to authority contained in". The word "provide" is substituted for the words "include a clause to the effect". The words "are entitled" are substituted for the words "shall * * * have * * * the right". The words "of the United States", "duly authorized", "have access to and", and "engaged in the performance of" are omitted as surplusage.
Amendments
1999—Subsec. (b)(4).
1996—Subsec. (b)(4).
Subsec. (d).
1994—
Subsec. (f)(2).
1990—Subsec. (c).
1987—Subsec. (d)(1).
1985—Subsec. (d).
1984—Subsec. (b).
1966—Subsec. (b).
Subsec. (c).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1984 Amendment
Amendment by
Exemption of Functions
Functions with respect to purchases authorized to be made outside limits of United States or District of Columbia under Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out as a note under
Foreign Contractors
Secretaries of Defense, Army, Navy, or Air Force, or their designees, to determine, prior to exercising authority provided in amendment of this section by
Section Referred to in Other Sections
This section is referred to in
§2314. Laws inapplicable to agencies named in section 2303 of this title
Sections 3709 and 3735 of the Revised Statutes (
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2314 | 41:160. | Feb. 19, 1948, ch. 65, §11(b), |
Amendments
1993—
1980—
Effective Date of 1980 Amendment
Amendment by
Cross References
Laws inapplicable to procurement by General Services Administration, see
§2315. Law inapplicable to the procurement of automatic data processing equipment and services for certain defense purposes
(a) For the purposes of division E of the Clinger-Cohen Act of 1996 (
(1) involves intelligence activities;
(2) involves cryptologic activities related to national security;
(3) involves the command and control of military forces;
(4) involves equipment that is an integral part of a weapon or weapons system; or
(5) subject to subsection (b), is critical to the direct fulfillment of military or intelligence missions.
(b) Subsection (a)(5) does not include procurement of automatic data processing equipment or services to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
(Added
References in Text
The Clinger-Cohen Act of 1996, referred to in subsec. (a), is div. D (§§4001–4402) and div. E (§§5001–5703) of
Amendments
1997—Subsec. (a).
1996—Subsec. (a).
1982—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section 908(b) of
Limitation Regarding Telecommunications Requirements
"(a)
"(1) the Secretary of Defense submits to the Congress a report containing—
"(A) a certification by the Secretary that the FTS–2000 procurement or the other telecommunications procurement will provide assured, secure telecommunications support (including associated telecommunications services) for Department of Defense activities; and
"(B) a description of how the procurement will be implemented and managed to meet defense information infrastructure requirements, including requirements to support deployed forces and intelligence activities; and
"(2) 30 days elapse after the date on which such report is received by the committees.
"(b)
"(1) The term 'defense telecommunications requirements' means requirements for telecommunications equipment and services that, if procured by the Department of Defense, would be exempt from the requirements of section 111 of the Federal Property and Administrative Services Act of 1949 ([former] 40 U.S.C. 759) pursuant to
"(2) The term 'Executive agency' has the meaning given such term in
"(3) The term 'procurement' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (
"(c)
"(1) section 111 of the Federal Property and Administrative Services Act of 1949 ([former] 40 U.S.C. 759); or
"(2) section 620 of
Section Referred to in Other Sections
This section is referred to in title 15 sections 278g–3, 5527.
§2316. Disclosure of identity of contractor
The Secretary of Defense may disclose the identity or location of a person awarded a contract by the Department of Defense to any individual, including a Member of Congress, only after the Secretary makes a public announcement identifying the contractor. When the identity of a contractor is to be made public, the Secretary shall announce publicly that the contract has been awarded and the identity of the contractor.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2316 | 10:2304 (note). | Oct. 7, 1970, |
The words "company, or corporation" are omitted as included in "person" because of section 1:1. The words "On and after the date of enactment of this Act" are omitted as executed. The word "contractor" is substituted for "person, company, or corporation to whom such contract has been awarded" and "person, company, or corporation to whom any defense contract has been awarded" to eliminate unnecessary words. The words "and the identity of the contractor" are substituted for "and to whom it was awarded" for clarity.
[§2317. Repealed. Pub. L. 103–160, div. A, title VIII, §821(a)(2), Nov. 30, 1993, 107 Stat. 1704 ]
Section, added
§2318. Advocates for competition
(a)(1) In addition to the advocates for competition established or designated pursuant to section 20(a) of the Office of Federal Procurement Policy Act (
(2) The advocate for competition of the Defense Logistics Agency shall carry out the responsibilities and functions provided for in sections 20(b) and 20(c) of the Office of Federal Procurement Policy Act (
(b) Each advocate for competition of an agency named in
(Added
Amendments
1994—Subsec. (c).
1991—Subsec. (c).
1987—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
Effective Date
Section 1216(c)(1) of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§2319. Encouragement of new competitors
(a) In this section, the term "qualification requirement" means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract.
(b) Except as provided in subsection (c), the head of the agency shall, before establishing a qualification requirement—
(1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award;
(2) specify in writing and make available to a potential offeror upon request all requirements which a prospective offeror, or its product, must satisfy in order to become qualified, such requirements to be limited to those least restrictive to meet the purposes necessitating the establishment of the qualification requirement;
(3) specify an estimate of the costs of testing and evaluation likely to be incurred by a potential offeror in order to become qualified;
(4) ensure that a potential offeror is provided, upon request and on a reimbursable basis, a prompt opportunity to demonstrate its ability to meet the standards specified for qualification using qualified personnel and facilities of the agency concerned or of another agency obtained through interagency agreement, or under contract, or other methods approved by the agency (including use of approved testing and evaluation services not provided under contract to the agency);
(5) if testing and evaluation services are provided under contract to the agency for the purposes of clause (4), provide to the extent possible that such services be provided by a contractor who is not expected to benefit from an absence of additional qualified sources and who shall be required in such contract to adhere to any restriction on technical data asserted by the potential offeror seeking qualification; and
(6) ensure that a potential offeror seeking qualification is promptly informed as to whether qualification is attained and, in the event qualification is not attained, is promptly furnished specific information why qualification was not attained.
(c)(1) Subsection (b) of this section does not apply with respect to a qualification requirement established by statute or administrative action before October 19, 1984, unless such requirement is a qualified products list.
(2)(A) Except as provided in subparagraph (B), if it is unreasonable to specify the standards for qualification which a prospective offeror or its product must satisfy, a determination to that effect shall be submitted to the advocate for competition of the procuring activity responsible for the purchase of the item subject to the qualification requirement. After considering any comments of the advocate for competition reviewing such determination, the head of the purchasing office may waive the requirements of clauses (2) through (6) of subsection (b) for up to two years with respect to the item subject to the qualification requirement.
(B) The waiver authority provided in this paragraph does not apply with respect to a qualified products list.
(3) A potential offeror may not be denied the opportunity to submit and have considered an offer for a contract solely because the potential offeror (A) is not on a qualified bidders list, qualified manufacturers list, or qualified products list, or (B) has not been identified as meeting a qualification requirement established after October 19, 1984, if the potential offeror can demonstrate to the satisfaction of the contracting officer that the potential offeror or its product meets the standards established for qualification or can meet such standards before the date specified for award of the contract.
(4) Nothing contained in this subsection requires the referral of an offer to the Small Business Administration pursuant to section 8(b)(7) of the Small Business Act (
(5) The head of an agency need not delay a proposed procurement in order to comply with subsection (b) or in order to provide a potential offeror with an opportunity to demonstrate its ability to meet the standards specified for qualification.
(6) The requirements of subsection (b) also apply before enforcement of any qualified products list, qualified manufacturers list, or qualified bidders list.
(d)(1) If the number of qualified sources or qualified products available to compete actively for an anticipated future requirement is fewer than two actual manufacturers or the products of two actual manufacturers, respectively, the head of the agency concerned shall—
(A) periodically publish notice in the Commerce Business Daily soliciting additional sources or products to seek qualification, unless the contracting officer determines that such publication would compromise national security; and
(B) bear the cost of conducting the specified testing and evaluation (excluding the costs associated with producing the item or establishing the production, quality control, or other system to be tested and evaluated) for a small business concern or a product manufactured by a small business concern which has met the standards specified for qualification and which could reasonably be expected to compete for a contract for that requirement, but such costs may be borne only if the head of the agency determines that such additional qualified sources or products are likely to result in cost savings from increased competition for future requirements sufficient to amortize the costs incurred by the agency within a reasonable period of time considering the duration and dollar value of anticipated future requirements.
(2) The head of an agency shall require a prospective contractor requesting the United States to bear testing and evaluation costs under paragraph (1)(B) to certify as to its status as a small business concern under section 3 of the Small Business Act (
(e) Within seven years after the establishment of a qualification requirement under subsection (b) or within seven years following an agency's enforcement of a qualified products list, qualified manufacturers list, or qualified bidders list, any such qualification requirement shall be examined and revalidated in accordance with the requirements of subsection (b). The preceding sentence does not apply in the case of a qualification requirement for which a waiver is in effect under subsection (c)(2).
(f) Except in an emergency as determined by the head of the agency, whenever the head of the agency determines not to enforce a qualification requirement for a solicitation, the agency may not thereafter enforce that qualification requirement unless the agency complies with the requirements of subsection (b).
(Added
Amendments
1987—Subsec. (a).
Subsec. (c)(1), (3).
Subsec. (c)(4).
Subsec. (d)(2).
Effective Date
Section 1216(c)(2) of
§2320. Rights in technical data
(a)(1) The Secretary of Defense shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to an item or process. Such regulations shall be included in regulations of the Department of Defense prescribed as part of the Federal Acquisition Regulation. Such regulations may not impair any right of the United States or of any contractor or subcontractor with respect to patents or copyrights or any other right in technical data otherwise established by law. Such regulations also may not impair the right of a contractor or subcontractor to receive from a third party a fee or royalty for the use of technical data pertaining to an item or process developed exclusively at private expense by the contractor or subcontractor, except as otherwise specifically provided by law.
(2) Such regulations shall include the following provisions:
(A) In the case of an item or process that is developed by a contractor or subcontractor exclusively with Federal funds (other than an item or process developed under a contract or subcontract to which regulations under section 9(j)(2) of the Small Business Act (
(i) use technical data pertaining to the item or process; or
(ii) release or disclose the technical data to persons outside the government or permit the use of the technical data by such persons.
(B) Except as provided in subparagraphs (C) and (D), in the case of an item or process that is developed by a contractor or subcontractor exclusively at private expense, the contractor or subcontractor may restrict the right of the United States to release or disclose technical data pertaining to the item or process to persons outside the government or permit the use of the technical data by such persons.
(C) Subparagraph (B) does not apply to technical data that—
(i) constitutes a correction or change to data furnished by the United States;
(ii) relates to form, fit, or function;
(iii) is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data); or
(iv) is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure.
(D) Notwithstanding subparagraph (B), the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if—
(i) such release, disclosure, or use—
(I) is necessary for emergency repair and overhaul; or
(II) is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government that is in the interest of the United States and is required for evaluational or informational purposes;
(ii) such release, disclosure, or use is made subject to a prohibition that the person to whom the data is released or disclosed may not further release, disclose, or use such data; and
(iii) the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use.
(E) In the case of an item or process that is developed in part with Federal funds and in part at private expense, the respective rights of the United States and of the contractor or subcontractor in technical data pertaining to such item or process shall be established as early in the acquisition process as practicable (preferably during contract negotiations) and shall be based upon negotiations between the United States and the contractor, except in any case in which the Secretary of Defense determines, on the basis of criteria established in the regulations, that negotiations would not be practicable. The establishment of such rights shall be based upon consideration of all of the following factors:
(i) The statement of congressional policy and objectives in
(ii) The interest of the United States in increasing competition and lowering costs by developing and locating alternative sources of supply and manufacture.
(iii) The interest of the United States in encouraging contractors to develop at private expense items for use by the Government.
(iv) Such other factors as the Secretary of Defense may prescribe.
(F) A contractor or subcontractor (or a prospective contractor or subcontractor) may not be required, as a condition of being responsive to a solicitation or as a condition for the award of a contract—
(i) to sell or otherwise relinquish to the United States any rights in technical data except—
(I) rights in technical data described in subparagraph (C); or
(II) under the conditions described in subparagraph (D); or
(ii) to refrain from offering to use, or from using, an item or process to which the contractor is entitled to restrict rights in data under subparagraph (B).
(G) The Secretary of Defense may—
(i) negotiate and enter into a contract with a contractor or subcontractor for the acquisition of rights in technical data not otherwise provided under subparagraph (C) or (D), if necessary to develop alternative sources of supply and manufacture;
(ii) agree to restrict rights in technical data otherwise accorded to the United States under this section if the United States receives a royalty-free license to use, release, or disclose the data for purposes of the United States (including purposes of competitive procurement); or
(iii) permit a contractor or subcontractor to license directly to a third party the use of technical data which the contractor is otherwise allowed to restrict, if necessary to develop alternative sources of supply and manufacture.
(3) The Secretary of Defense shall define the terms "developed", "exclusively with Federal funds", and "exclusively at private expense" in regulations prescribed under paragraph (1). In defining such terms, the Secretary shall specify the manner in which indirect costs shall be treated and shall specify that amounts spent for independent research and development and bid and proposal costs shall not be considered to be Federal funds for the purposes of definitions under this paragraph.
(b) Regulations prescribed under subsection (a) shall require that, whenever practicable, a contract for supplies or services entered into by an agency named in
(1) defining the respective rights of the United States and the contractor or subcontractor (at any tier) regarding any technical data to be delivered under the contract and providing that, in the case of a contract for a commercial item, the item shall be presumed to be developed at private expense unless shown otherwise in accordance with section 2321(f);
(2) specifying the technical data, if any, to be delivered under the contract and delivery schedules for such delivery;
(3) establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract;
(4) establishing separate contract line items for the technical data, if any, to be delivered under the contract;
(5) to the maximum practicable extent, identifying, in advance of delivery, technical data which is to be delivered with restrictions on the right of the United States to use such data;
(6) requiring the contractor to revise any technical data delivered under the contract to reflect engineering design changes made during the performance of the contract and affecting the form, fit, and function of the items specified in the contract and to deliver such revised technical data to an agency within a time specified in the contract;
(7) requiring the contractor to furnish written assurance at the time the technical data is delivered or is made available that the technical data is complete and accurate and satisfies the requirements of the contract concerning technical data;
(8) establishing remedies to be available to the United States when technical data required to be delivered or made available under the contract is found to be incomplete or inadequate or to not satisfy the requirements of the contract concerning technical data; and
(9) authorizing the head of the agency to withhold payments under the contract (or exercise such other remedies as the head of the agency considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data.
(c) Nothing in this section or in
(1) prescribing standards for determining whether a contract entered into by the Department of Defense shall provide for a time to be specified in the contract after which the United States shall have the right to use (or have used) for any purpose of the United States all technical data required to be delivered to the United States under the contract or providing for such a period of time (not to exceed 7 years) as a negotiation objective; or
(2) prescribing reasonable and flexible guidelines, including negotiation objectives, for the conduct of negotiations regarding the respective rights in technical data of the United States and the contractor.
(d) The Secretary of Defense shall by regulation establish programs which provide domestic business concerns an opportunity to purchase or borrow replenishment parts from the United States for the purpose of design replication or modification, to be used by such concerns in the submission of subsequent offers to sell the same or like parts to the United States. Nothing in this subsection limits the authority of the head of an agency to impose restrictions on such a program related to national security considerations, inventory needs of the United States, the improbability of future purchases of the same or like parts, or any additional restriction otherwise required by law.
(Added
Codification
Amendments
1994—Subsec. (b)(1).
1989—Subsec. (a)(4).
1987—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(E).
Subsec. (a)(2)(F).
"(i) rights in technical data described in subparagraph (C); or
"(ii) under the conditions described in subparagraph (D)."
Subsec. (a)(2)(G)(i).
Subsec. (a)(2)(G)(ii).
Subsec. (a)(2)(G)(iii).
Subsec. (a)(3).
Subsec. (c).
1986—Subsec. (a).
1985—Subsec. (a)(1).
1984—Subsec. (a).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1987 Amendment
Section 808(c) of
"(1) the last day of the 120-day period beginning on the date of the enactment of this Act [Dec. 4, 1987]; or
"(2) the date on which regulations are prescribed and made effective to implement such amendments."
Effective Date of 1986 Amendment
Section 101(c) [title X, §953(e)] of
Effective Date
Section applicable with respect to solicitations issued after the end of the one-year period beginning Oct. 19, 1984, see section 1216(c)(2) of
Government-Industry Committee on Rights in Technical Data
Control of Government Personnel Work Product
Deadline for Revision of Regulations
Section 101(c) [title X, §953(d)] of
§2321. Validation of proprietary data restrictions
(a)
(b)
(c)
(2) The review of an asserted use or release restriction under paragraph (1) shall be conducted before the end of the three-year period beginning on the later of—
(A) the date on which final payment is made on the contract under which the technical data is required to be delivered; or
(B) the date on which the technical data is delivered under the contract.
(d)
(A) reasonable grounds exist to question the current validity of the asserted restriction; and
(B) the continued adherence by the United States to the asserted restriction would make it impracticable to procure the item to which the technical data pertain competitively at a later time.
(2)(A) A challenge to an asserted use or release restriction may not be made under paragraph (1) after the end of the three-year period described in subparagraph (B) unless the technical data involved—
(i) are publicly available;
(ii) have been furnished to the United States without restriction; or
(iii) have been otherwise made available without restriction.
(B) The three-year period referred to in subparagraph (A) is the three-year period beginning on the later of—
(i) the date on which final payment is made on the contract under which the technical data are required to be delivered; or
(ii) the date on which the technical data are delivered under the contract.
(3) If the Secretary challenges an asserted use or release restriction under paragraph (1), the Secretary shall provide written notice of the challenge to the contractor or subcontractor asserting the restriction. Any such notice shall—
(A) state the specific grounds for challenging the asserted restriction;
(B) require a response within 60 days justifying the current validity of the asserted restriction; and
(C) state that evidence of a justification described in paragraph (4) may be submitted.
(4) It is a justification of an asserted use or release restriction challenged under paragraph (1) that, within the three-year period preceding the challenge to the restriction, the Department of Defense validated a restriction identical to the asserted restriction if—
(A) such validation occurred after a challenge to the validated restriction under this subsection; and
(B) the validated restriction was asserted by the same contractor or subcontractor (or a licensee of such contractor or subcontractor).
(e)
(f)
(g)
(2) After review of any justification submitted in response to the notice provided pursuant to subsection (d)(3), the contracting officer shall, within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued.
(h)
(i)
(A) the restriction shall be cancelled; and
(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in
(2) If, upon final disposition, the contracting officer's challenge to the use or release restriction is not sustained—
(A) the United States shall continue to be bound by the restriction; and
(B) the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in
(j)
(1) to use such technical data; or
(2) to release or disclose such technical data to persons outside the Government or permit the use of such technical data by persons outside the Government.
(Added
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (h), is
Codification
Another
Amendments
1994—Subsecs. (f) to (j).
1993—Subsec. (d)(1)(B).
1987—Subsec. (a).
Subsec. (b).
"(1) The Secretary of Defense shall ensure that there is a thorough review of the appropriateness of any restriction on the right of the United States to release or disclose technical data delivered under a contract to persons outside the Government, or to permit the use of such technical data by such persons. Such review shall be conducted before the end of the three-year period beginning on the date on which final payment is made on a contract under which technical data is required to be delivered, or the date on which the technical data is delivered under such contract, whichever is later.
"(2)(A) If the Secretary determines, at any time before the end of the three-year period beginning on the date on which final payment is made on a contract under which technical data is required to be delivered, or the date on which the technical data is delivered under such contract, whichever is later, that a challenge to a restriction is warranted, the Secretary shall provide written notice to the contractor or subcontractor asserting the restriction. Such a determination shall be based on a finding by the Secretary that reasonable grounds exist to question the current validity of the asserted restriction and that the continued adherence to the asserted restriction by the United States would make it impracticable to procure the item competitively at a later time. Such notice shall—
"(i) state the specific grounds for challenging the asserted restriction;
"(ii) require a response within 60 days justifying the current validity of the asserted restriction; and
"(iii) state that evidence of a validation by the Department of Defense of a restriction identical to the asserted restriction within the three-year period preceding the challenge shall serve as justification for the asserted restriction if—
"(I) the validation occurred after a review of the validated restriction under this subsection; and
"(II) the validated restriction was asserted by the same contractor or subcontractor (or any licensee of such contractor or subcontractor) to which such notice is being provided.
"(B) Notwithstanding subparagraph (A), the United States may challenge a restriction on the release, disclosure, or use of technical data delivered under a contract at any time if such technical data—
"(i) is publicly available;
"(ii) has been furnished to the United States without restriction; or
"(iii) has been otherwise made available without restriction."
Subsec. (c).
Subsec. (d).
Subsec. (d)(4)(A).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (i).
1986—Subsecs. (a), (b).
"(a) A contract for supplies or services entered into by the Department of Defense which provides for the delivery of technical data shall provide that—
"(1) a contractor or subcontractor at any tier shall be prepared to furnish to the contracting officer a written justification for any restriction asserted by the contractor or subcontractor on the right of the United States to use such technical data; and
"(2) the contracting officer may review the validity of any restriction asserted by the contractor or by a subcontractor under the contract on the right of the United States to use technical data furnished to the United States under the contract if the contracting officer determines that reasonable grounds exist to question the current validity of the asserted restriction and that the continued adherence to the asserted restriction by the United States would make it impracticable to procure the item competitively at a later time.
"(b) If after such review the contracting officer determines that a challenge to the asserted restriction is warranted, the contracting officer shall provide written notice to the contractor or subcontractor asserting the restriction. Such notice shall—
"(1) state the grounds for challenging the asserted restriction; and
"(2) require a response within 60 days justifying the current validity of the asserted restriction."
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1987 Amendment
Section 12(d)(1) of
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section applicable with respect to solicitations issued after the end of the one-year period beginning Oct. 19, 1984, see section 1216(c)(2) of
Section Referred to in Other Sections
This section is referred to in
[§2322. Repealed. Pub. L. 102–484, div. A, title X, §1052(25)(A), Oct. 23, 1992, 106 Stat. 2500 ]
Section, added
Another
§2323. Contract goal for small disadvantaged businesses and certain institutions of higher education
(a)
(A) small business concerns, including mass media and advertising firms, owned and controlled by socially and economically disadvantaged individuals (as such term is used in section 8(d) of the Small Business Act (
(B) historically Black colleges and universities, including any nonprofit research institution that was an integral part of such a college or university before November 14, 1986; and
(C) minority institutions (as defined in section 1046(3) 1 of the Higher Education Act of 1965 (
(2) The head of the agency shall establish a specific goal within the overall 5 percent goal for the award of prime contracts and subcontracts to historically Black colleges and universities and minority institutions in order to increase the participation of such colleges and universities in the program provided for by this section.
(3) The Federal Acquisition Regulation shall provide procedures or guidelines for contracting officers to set goals which agency prime contractors that are required to submit subcontracting plans under section 8(d)(4)(B) of the Small Business Act (
(b)
(A) Funds obligated for contracts entered into with the Department of Defense for such fiscal year for procurement.
(B) Funds obligated for contracts entered into with the Department of Defense for such fiscal year for research, development, test, and evaluation.
(C) Funds obligated for contracts entered into with the Department of Defense for such fiscal year for military construction.
(D) Funds obligated for contracts entered into with the Department of Defense for operation and maintenance.
(2) With respect to the Coast Guard, the requirements of subsection (a) for any fiscal year apply to the total value of all prime contract and subcontract awards entered into by the Coast Guard for such fiscal year.
(3) With respect to the National Aeronautics and Space Administration, the requirements of subsection (a) for any fiscal year apply to the total value of all prime contract and subcontract awards entered into by the National Aeronautics and Space Administration for such fiscal year.
(c)
(2) Technical assistance provided under this section shall include information about the program, advice about agency procurement procedures, instruction in preparation of proposals, and other such assistance as the head of the agency considers appropriate. If the resources of the agency are inadequate to provide such assistance, the head of the agency may enter into contracts with minority private sector entities with experience and expertise in the design, development, and delivery of technical assistance services to eligible individuals, business firms and institutions, acquisition agencies, and prime contractors. Agency contracts with such entities shall be awarded annually, based upon, among other things, the number of minority small business concerns, historically Black colleges and universities, and minority institutions that each such entity brings into the program.
(3) Infrastructure assistance provided by the Department of Defense under this section to historically Black colleges and universities and to minority institutions may include programs to do the following:
(A) Establish and enhance undergraduate, graduate, and doctoral programs in scientific disciplines critical to the national security functions of the Department of Defense.
(B) Make Department of Defense personnel available to advise and assist faculty at such colleges and universities in the performance of defense research and in scientific disciplines critical to the national security functions of the Department of Defense.
(C) Establish partnerships between defense laboratories and historically Black colleges and universities and minority institutions for the purpose of training students in scientific disciplines critical to the national security functions of the Department of Defense.
(D) Award scholarships, fellowships, and the establishment of cooperative work-education programs in scientific disciplines critical to the national security functions of the Department of Defense.
(E) Attract and retain faculty involved in scientific disciplines critical to the national security functions of the Department of Defense.
(F) Equip and renovate laboratories for the performance of defense research.
(G) Expand and equip Reserve Officer Training Corps activities devoted to scientific disciplines critical to the national security functions of the Department of Defense.
(H) Provide other assistance as the Secretary determines appropriate to strengthen scientific disciplines critical to the national security functions of the Department of Defense or the college infrastructure to support the performance of defense research.
(4) The head of the agency shall, to the maximum extent practical, carry out programs under this section at colleges, universities, and institutions that agree to bear a substantial portion of the cost associated with the programs.
(d)
(1) to the extent to which the Secretary of Defense determines that compelling national security considerations require otherwise; and
(2) if the Secretary notifies Congress of such determination and the reasons for such determination.
(e)
(1)(A) The head of the agency shall—
(i) ensure that substantial progress is made in increasing awards of agency contracts to entities described in subsection (a)(1);
(ii) exercise his utmost authority, resourcefulness, and diligence;
(iii) in the case of the Department of Defense, actively monitor and assess the progress of the military departments, Defense Agencies, and prime contractors of the Department of Defense in attaining such goal; and
(iv) in the case of the Coast Guard and the National Aeronautics and Space Administration, actively monitor and assess the progress of the prime contractors of the agency in attaining such goal.
(B) In making the assessment under clauses (iii) and (iv) of subparagraph (A), the head of the agency shall evaluate the extent to which use of the authority provided in paragraphs (2) and (3) and compliance with the requirement in paragraph (4) is effective for facilitating the attainment of the goal.
(2) To the extent practicable and when necessary to facilitate achievement of the 5 percent goal described in subsection (a), the head of an agency shall make advance payments under
(3)(A) To the extent practicable and when necessary to facilitate achievement of the 5 percent goal described in subsection (a), the head of an agency may, except as provided in subparagraph (B), enter into contracts using less than full and open competitive procedures (including awards under section 8(a) of the Small Business Act) and partial set asides for entities described in subsection (a)(1), but shall pay a price not exceeding fair market cost by more than 10 percent in payment per contract to contractors or subcontractors described in subsection (a). The head of an agency shall adjust the percentage specified in the preceding sentence for any industry category if available information clearly indicates that nondisadvantaged small business concerns in such industry category are generally being denied a reasonable opportunity to compete for contracts because of the use of that percentage in the application of this paragraph.
(B)(i) The Secretary of Defense may not exercise the authority under subparagraph (A) to enter into a contract for a price exceeding fair market cost if the regulations implementing that authority are suspended under clause (ii) with respect to that contract.
(ii) At the beginning of each fiscal year, the Secretary shall determine, on the basis of the most recent data, whether the Department of Defense achieved the 5 percent goal described in subsection (a) during the fiscal year to which the data relates. Upon determining that the Department achieved the goal for the fiscal year to which the data relates, the Secretary shall issue a suspension, in writing, of the regulations that implement the authority under subparagraph (A). Such a suspension shall be in effect for the one-year period beginning 30 days after the date on which the suspension is issued and shall apply with respect to contracts awarded pursuant to solicitations issued during that period.
(iii) For purposes of clause (ii), the term "most recent data" means data relating to the most recent fiscal year for which data are available.
(4) To the extent practicable, the head of an agency shall maximize the number of minority small business concerns, historically Black colleges and universities, and minority institutions participating in the program.
(5) Each head of an agency shall prescribe regulations which provide for the following:
(A) Procedures or guidance for contracting officers to provide incentives for prime contractors referred to in subsection (a)(3) to increase subcontractor awards to entities described in subsection (a)(1).
(B) A requirement that contracting officers emphasize the award of contracts to entities described in subsection (a)(1) in all industry categories, including those categories in which such entities have not traditionally dominated.
(C) Guidance to agency personnel on the relationship among the following programs:
(i) The program implementing this section.
(ii) The program established under section 8(a) of the Small Business Act (
(iii) The small business set-aside program established under section 15(a) of the Small Business Act (
(D) With respect to an agency procurement which is reasonably likely to be set aside for entities described in subsection (a)(1), a requirement that (to the maximum extent practicable) the procurement be designated as such a set-aside before the solicitation for the procurement is issued.
(E) Policies and procedures which, to the maximum extent practicable, will ensure that current levels in the number or dollar value of contracts awarded under the program established under section 8(a) of the Small Business Act (
(F) Implementation of this section in a manner which will not alter the procurement process under the program established under section 8(a) of the Small Business Act (
(G) A requirement that one factor used in evaluating the performance of a contracting officer be the ability of the officer to increase contract awards to entities described in subsection (a)(1).
(H) Increased technical assistance to entities described in subsection (a)(1).
(f)
(2) The Federal Acquisition Regulation shall prohibit awarding a contract under this section to an entity described in subsection (a)(1) unless the entity agrees to comply with the requirements of section 15(o)(1) of the Small Business Act (
(g)
(A) ensure that no particular industry category bears a disproportionate share of the contracts awarded to attain the goal established by subsection (a); and
(B) ensure that contracts awarded to attain the goal established by subsection (a) are made across the broadest possible range of industry categories.
(2) Under procedures prescribed by the head of the agency, a person may request the Secretary to determine whether the use of small disadvantaged business set asides by a contracting activity of the agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for that contracting activity for the purposes of this section. Upon making a determination that a particular industry category is bearing a disproportionate share, the head of the agency shall take appropriate actions to limit the contracting activity's use of set asides in awarding contracts in that particular industry category.
(h)
(2) The regulations required by paragraph (1) shall ensure that, with respect to a sealed bid or competitive proposal for which the bidder or offeror is required to negotiate or submit a subcontracting plan under section 8(d) of the Small Business Act (
(i)
(2) The report required under paragraph (1) shall include the following:
(A) A full explanation of any progress toward attaining the goal of subsection (a).
(B) A plan to achieve the goal, if necessary.
(3) The report required under paragraph (1) shall also include the following:
(A) The aggregate differential between the fair market price of all contracts awarded pursuant to subsection (e)(3) and the estimated fair market price of all such contracts had such contracts been entered into using full and open competitive procedures.
(B) An analysis of the impact that subsection (a) shall have on the ability of small business concerns not owned and controlled by socially and economically disadvantaged individuals to compete for contracts with the agency.
(C) A description of the percentage of contracts (actions), the total dollar amount (size of action), and the number of different entities relative to the attainment of the goal of subsection (a), separately for Black Americans, Native Americans, Hispanic Americans, Asian Pacific Americans, and other minorities.
(D) A detailed description of the infrastructure assistance provided under subsection (c) during the preceding fiscal year and of the plans for providing such assistance during the fiscal year in which the report is submitted.
(j)
(1) The term "agency" means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.
(2) The term "head of an agency" means the Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration.
(k)
(2) This section applies in the Coast Guard and the National Aeronautics and Space Administration in each of fiscal years 1995 through 2003.
(Added and amended
References in Text
Section 3(p) of the Small Business Act, referred to in subsecs. (a)(1)(A) and (f)(1), is classified to
Section 1046 of the Higher Education Act of 1965, referred to in subsec. (a)(1)(C), was renumbered section 365 of that act by
Section 8(a) of the Small Business Act, referred to in subsec. (e)(3)(A), is classified to
Codification
Section, as added by
Prior Provisions
A prior section 2323, added
Amendments
1999—Subsec. (k).
1998—Subsec. (e)(3).
1997—Subsec. (a)(1)(A).
Subsec. (f)(1).
1996—Subsec. (a)(1)(C).
Subsec. (a)(3).
Subsec. (b).
Subsec. (i)(3)(D).
1994—
1993—Subsec. (a)(1)(B).
Subsec. (a)(1)(C).
Subsec. (f)(2).
"(A) A requirement that a business which represents itself as an entity described in subsection (a)(1) and is seeking a Department of Defense contract maintain its status as an entity at the time of contract award.
"(B) A prohibition on the award of a contract under this section to an entity described in subsection (a)(1) unless the entity agrees to comply with the requirements of section 15(o)(1) of the Small Business Act (
Subsec. (i).
Subsec. (i)(3)(D).
1992—Subsec. (a)(3).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3).
Subsec. (e)(5).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Section 801(f) of
Regulations
Section 811(d) of
"(1) The Secretary of Defense shall propose amendments to the Department of Defense Supplement to the Federal Acquisition Regulation that address the matters described in subsection (g) and subsection (h)(2) of
"(2) Not later than 15 days after the date of the enactment of this Act [Nov. 30, 1993], the Secretary shall publish such proposed amendments in accordance with section 22 of the Office of Federal Procurement Policy Act (
"(3) The Secretary shall publish the final regulations not later than 120 days after the date of the enactment of this Act."
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2323a. Credit for Indian contracting in meeting certain subcontracting goals for small disadvantaged businesses and certain institutions of higher education
(a)
(1) work performed in connection with that Department of Defense contract, and work performed in connection with any subcontract awarded under that Department of Defense contract, if such work is performed on any Indian lands and meets the requirements of paragraph (1) of subsection (b); or
(2) work performed in connection with that Department of Defense contract, and work performed in connection with any subcontract awarded under that Department of Defense contract, if the performance of such contract or subcontract is undertaken as a joint venture that meets the requirements of paragraph (2) of that subsection.
(b)
(A) not less than 40 percent of the workers directly engaged in the performance of the work are Indians; or
(B) the contractor or subcontractor has an agreement with the tribal government having jurisdiction over such Indian lands that provides goals for training and development of the Indian workforce and Indian management.
(2) A joint venture undertaking to perform a contract or subcontract meets the requirements of this paragraph if—
(A) an Indian tribe or tribally owned corporation owns at least 50 percent of the joint venture;
(B) the activities of the joint venture under the contract or subcontract provide employment opportunities for Indians either directly or through the purchase of products or services for the performance of such contract or subcontract; and
(C) the Indian tribe or tribally owned corporation manages the performance of such contract or subcontract.
(c)
(1) in the case of work performed as described in subsection (a)(1), the value of the work performed; and
(2) in the case of a contract or subcontract undertaken to be performed by a joint venture as described in subsection (a)(2), an amount equal to the amount of the contract or subcontract multiplied by the percentage of the tribe's or tribally owned corporation's ownership interest in the joint venture.
(d)
(e)
(1) The term "Indian lands" has the meaning given that term by section 4(4) of the Indian Gaming Regulatory Act (
(2) The term "Indian" has the meaning given that term by section 4(d) of the Indian Self-Determination and Education Assistance Act (
(3) The term "Indian tribe" has the meaning given that term by section 4(e) of the Indian Self-Determination and Education Assistance Act (
(4) The term "tribally owned corporation" means a corporation owned entirely by an Indian tribe.
(Added
Codification
Section, as added by
Amendments
1996—Subsec. (a).
§2324. Allowable costs under defense contracts
(a)
(b)
(A) the amount of the disallowed cost allocated to covered contracts for which a proposal for settlement of indirect costs has been submitted; plus
(B) interest (to be computed based on provisions in the Federal Acquisition Regulation) to compensate the United States for the use of any funds which a contractor has been paid in excess of the amount to which the contractor was entitled.
(2) If the head of the agency determines that a proposal for settlement of indirect costs submitted by a contractor includes a cost determined to be unallowable in the case of such contractor before the submission of such proposal, the head of the agency shall assess a penalty against the contractor in an amount equal to two times the amount of the disallowed cost allocated to covered contracts for which a proposal for settlement of indirect costs has been submitted.
(c)
(1) the contractor withdraws the proposal before the formal initiation of an audit of the proposal by the Federal Government and resubmits a revised proposal;
(2) the amount of unallowable costs subject to the penalty is insignificant; or
(3) the contractor demonstrates, to the contracting officer's satisfaction, that—
(A) it has established appropriate policies and personnel training and an internal control and review system that provide assurances that unallowable costs subject to penalties are precluded from being included in the contractor's proposal for settlement of indirect costs; and
(B) the unallowable costs subject to the penalty were inadvertently incorporated into the proposal.
(d)
(1) shall be considered a final decision for the purposes of section 6 of the Contract Disputes Act of 1978 (
(2) is appealable in the manner provided in section 7 of such Act (
(e)
(A) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
(B) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress, a State legislature, or a legislative body of a political subdivision of a State.
(C) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of a false certification).
(D) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable provisions of the Federal Acquisition Regulation.
(E) Costs of membership in any social, dining, or country club or organization.
(F) Costs of alcoholic beverages.
(G) Contributions or donations, regardless of the recipient.
(H) Costs of advertising designed to promote the contractor or its products.
(I) Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
(J) Costs for travel by commercial aircraft which exceed the amount of the standard commercial fare.
(K) Costs incurred in making any payment (commonly known as a "golden parachute payment") which is—
(i) in an amount in excess of the normal severance pay paid by the contractor to an employee upon termination of employment; and
(ii) is paid to the employee contingent upon, and following, a change in management control over, or ownership of, the contractor or a substantial portion of the contractor's assets.
(L) Costs of commercial insurance that protects against the costs of the contractor for correction of the contractor's own defects in materials or workmanship.
(M) Costs of severance pay paid by the contractor to foreign nationals employed by the contractor under a service contract performed outside the United States, to the extent that the amount of severance pay paid in any case exceeds the amount paid in the industry involved under the customary or prevailing practice for firms in that industry providing similar services in the United States, as determined under the Federal Acquisition Regulation.
(N) Costs of severance pay paid by the contractor to a foreign national employed by the contractor under a service contract performed in a foreign country if the termination of the employment of the foreign national is the result of the closing of, or the curtailment of activities at, a United States military facility in that country at the request of the government of that country.
(O) Costs incurred by a contractor in connection with any criminal, civil, or administrative proceeding commenced by the United States or a State, to the extent provided in subsection (k).
(P) Costs of compensation of senior executives of contractors for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the benchmark compensation amount determined applicable for the fiscal year by the Administrator for Federal Procurement Policy under section 39 of the Office of Federal Procurement Policy Act (
(2)(A) The Secretary of Defense may provide in a military banking contract that the provisions of paragraphs (1)(M) and (1)(N) shall not apply to costs incurred under the contract by the contractor for payment of mandated foreign national severance pay. The Secretary may include such a provision in a military banking contract only if the Secretary determines, with respect to that contract, that the contractor has taken (or has established plans to take) appropriate actions within the contractor's control to minimize the amount and number of incidents of the payment of severance pay by the contractor to employees under the contract who are foreign nationals.
(B) In subparagraph (A):
(i) The term "military banking contract" means a contract between the Secretary and a financial institution under which the financial institution operates a military banking facility outside the United States for use by members of the armed forces stationed or deployed outside the United States and other authorized personnel.
(ii) The term "mandated foreign national severance pay" means severance pay paid by a contractor to a foreign national employee the payment of which by the contractor is required in order to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract.
(C) Subparagraph (A) does not apply to a contract with a financial institution that is owned or controlled by citizens or nationals of a foreign country, as determined by the Secretary of Defense. Such a determination shall be made in accordance with the criteria set out in paragraph (1) of section 4(g) of the Buy American Act 1 (
(3)(A) Pursuant to the Federal Acquisition Regulation and subject to the availability of appropriations, the head of an agency awarding a covered contract (other than a contract to which paragraph (2) applies) may waive the application of the provisions of paragraphs (1)(M) and (1)(N) to that contract if the head of the agency determines that—
(i) the application of such provisions to the contract would adversely affect the continuation of a program, project, or activity that provides significant support services for members of the armed forces stationed or deployed outside the United States;
(ii) the contractor has taken (or has established plans to take) appropriate actions within the contractor's control to minimize the amount and number of incidents of the payment of severance pay by the contractor to employees under the contract who are foreign nationals; and
(iii) the payment of severance pay is necessary in order to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract or is necessary to comply with a collective bargaining agreement.
(B) The head of an agency shall include in the solicitation for a covered contract a statement indicating—
(i) that a waiver has been granted under subparagraph (A) for the contract; or
(ii) whether the head of the agency will consider granting such a waiver, and, if the agency head will consider granting a waiver, the criteria to be used in granting the waiver.
(C) The head of an agency shall make the final determination regarding whether to grant a waiver under subparagraph (A) with respect to a covered contract before award of the contract.
(4) The provisions of the Federal Acquisition Regulation implementing this section may establish appropriate definitions, exclusions, limitations, and qualifications.
(f)
(A) Air shows.
(B) Membership in civic, community, and professional organizations.
(C) Recruitment.
(D) Employee morale and welfare.
(E) Actions to influence (directly or indirectly) executive branch action on regulatory and contract matters (other than costs incurred in regard to contract proposals pursuant to solicited or unsolicited bids).
(F) Community relations.
(G) Dining facilities.
(H) Professional and consulting services, including legal services.
(I) Compensation.
(J) Selling and marketing.
(K) Travel.
(L) Public relations.
(M) Hotel and meal expenses.
(N) Expense of corporate aircraft.
(O) Company-furnished automobiles.
(P) Advertising.
(Q) Conventions.
(2) The Federal Acquisition Regulation shall require that a contracting officer not resolve any questioned costs until he has obtained—
(A) adequate documentation with respect to such costs; and
(B) the opinion of the contract auditor on the allowability of such costs.
(3) The Federal Acquisition Regulation shall provide that, to the maximum extent practicable, the contract auditor be present at any negotiation or meeting with the contractor regarding a determination of the allowability of indirect costs of the contractor.
(4) The Federal Acquisition Regulation shall require that all categories of costs designated in the report of the contract auditor as questioned with respect to a proposal for settlement be resolved in such a manner that the amount of the individual questioned costs that are paid will be reflected in the settlement.
(g)
(h)
(2) The head of the agency or the Secretary of the military department concerned may, in an exceptional case, waive the requirement for certification under paragraph (1) in the case of any contract if the head of the agency or the Secretary—
(A) determines in such case that it would be in the interest of the United States to waive such certification; and
(B) states in writing the reasons for that determination and makes such determination available to the public.
(i)
(j)
(k)
(2) A disposition referred to in paragraph (1)(B) is any of the following:
(A) In the case of a criminal proceeding, a conviction (including a conviction pursuant to a plea of nolo contendere) by reason of the violation or failure referred to in paragraph (1).
(B) In the case of a civil or administrative proceeding involving an allegation of fraud or similar misconduct, a determination of contractor liability on the basis of the violation or failure referred to in paragraph (1).
(C) In the case of any civil or administrative proceeding, the imposition of a monetary penalty by reason of the violation or failure referred to in paragraph (1).
(D) A final decision—
(i) to debar or suspend the contractor;
(ii) to rescind or void the contract; or
(iii) to terminate the contract for default;
by reason of the violation or failure referred to in paragraph (1).
(E) A disposition of the proceeding by consent or compromise if such action could have resulted in a disposition described in subparagraph (A), (B), (C), or (D).
(3) In the case of a proceeding referred to in paragraph (1) that is commenced by the United States and is resolved by consent or compromise pursuant to an agreement entered into by a contractor and the United States, the costs incurred by the contractor in connection with such proceeding that are otherwise not allowable as reimbursable costs under such paragraph may be allowed to the extent specifically provided in such agreement.
(4) In the case of a proceeding referred to in paragraph (1) that is commenced by a State, the head of the agency or Secretary of the military department concerned that awarded the covered contract involved in the proceeding may allow the costs incurred by the contractor in connection with such proceeding as reimbursable costs if the agency head or Secretary determines, in accordance with the Federal Acquisition Regulation, that the costs were incurred as a result of (A) a specific term or condition of the contract, or (B) specific written instructions of the agency or military department.
(5)(A) Except as provided in subparagraph (C), costs incurred by a contractor in connection with a criminal, civil, or administrative proceeding commenced by the United States or a State in connection with a covered contract may be allowed as reimbursable costs under the contract if such costs are not disallowable under paragraph (1), but only to the extent provided in subparagraph (B).
(B)(i) The amount of the costs allowable under subparagraph (A) in any case may not exceed the amount equal to 80 percent of the amount of the costs incurred, to the extent that such costs are determined to be otherwise allowable and allocable under the Federal Acquisition Regulation.
(ii) Regulations issued for the purpose of clause (i) shall provide for appropriate consideration of the complexity of procurement litigation, generally accepted principles governing the award of legal fees in civil actions involving the United States as a party, and such other factors as may be appropriate.
(C) In the case of a proceeding referred to in subparagraph (A), contractor costs otherwise allowable as reimbursable costs under this paragraph are not allowable if (i) such proceeding involves the same contractor misconduct alleged as the basis of another criminal, civil, or administrative proceeding, and (ii) the costs of such other proceeding are not allowable under paragraph (1).
(6) In this subsection:
(A) The term "proceeding" includes an investigation.
(B) The term "costs", with respect to a proceeding—
(i) means all costs incurred by a contractor, whether before or after the commencement of any such proceeding; and
(ii) includes—
(I) administrative and clerical expenses;
(II) the cost of legal services, including legal services performed by an employee of the contractor;
(III) the cost of the services of accountants and consultants retained by the contractor; and
(IV) the pay of directors, officers, and employees of the contractor for time devoted by such directors, officers, and employees to such proceeding.
(C) The term "penalty" does not include restitution, reimbursement, or compensatory damages.
(l)
(1)(A) The term "covered contract" means a contract for an amount in excess of $500,000 that is entered into by the head of an agency, except that such term does not include a fixed-price contract without cost incentives or any firm fixed-price contract for the purchase of commercial items.
(B) Effective on October 1 of each year that is divisible by five, the amount set forth in subparagraph (A) shall be adjusted to the equivalent amount in constant fiscal year 1994 dollars. An amount, as so adjusted, that is not evenly divisible by $50,000 shall be rounded to the nearest multiple of $50,000. In the case of an amount that is evenly divisible by $25,000 but is not evenly divisible by $50,000, the amount shall be rounded to the next higher multiple of $50,000.
(2) The term "head of the agency" or "agency head" does not include the Secretary of a military department.
(3) The term "agency" means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.
(4) The term "compensation", for a year, means the total amount of wages, salary, bonuses and deferred compensation for the year, whether paid, earned, or otherwise accruing, as recorded in an employer's cost accounting records for the year.
(5) The term "senior executives", with respect to a contractor, means the five most highly compensated employees in management positions at each home office and each segment of the contractor.
(6) The term "fiscal year" means a fiscal year established by a contractor for accounting purposes.
(Added
Historical and Revision Notes
Subsection (e)(1)(L) is based on
Section 1(f)(2) of the bill would transfer the provisions of existing
Subsection (j) is based on
References in Text
Section 4 of the Buy American Act (
Codification
Another
Amendments
1998—Subsec. (l)(5).
"(A) the chief executive officer of the contractor or any individual acting in a similar capacity for the contractor;
"(B) the four most highly compensated employees in management positions of the contractor other than the chief executive officer; and
"(C) in the case of a contractor that has components which report directly to the contractor's headquarters, the five most highly compensated employees in management positions at each such component."
1997—Subsec. (e)(1)(P).
Subsec. (l)(4) to (6).
1996—Subsec. (e)(2)(C).
Subsec. (f)(2) to (4).
Subsec. (h)(2).
1994—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(1)(B).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (e)(1)(B).
Subsec. (e)(1)(D).
Subsec. (e)(1)(M).
Subsec. (e)(2)(A).
Subsec. (e)(2)(C).
Subsec. (e)(3)(A).
Subsec. (e)(4).
Subsec. (f)(1).
Subsec. (f)(1)(Q).
Subsec. (f)(2).
Subsec. (f)(2)(B).
Subsec. (f)(3).
Subsec. (f)(4).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (k)(2)(D).
Subsec. (k)(4).
Subsec. (l).
Subsec. (m).
1992—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Subsec. (e)(3), (4).
Subsec. (f)(5).
"(A) are allocable, reasonable, and not otherwise unallowable;
"(B) with respect to the activities of the business segment to which such costs are being allocated, are determined by the Secretary of Defense to be likely to result in future cost advantages to the United States; and
"(C) with respect to a business segment which allocates to Department of Defense contracts $2,500,000 or more of such costs in any fiscal year of such business segment, are not in excess of the amount equal to 110 percent of such costs incurred by such business segment in the previous fiscal year."
Subsec. (l)(2).
Subsec. (l)(3).
1991—Subsec. (e)(2), (3).
1990—Subsec. (e)(2).
"(B) The Secretary shall submit to the committees named in subparagraph (C) any proposed regulations that would make substantive changes to regulations prescribed under the second sentence of subparagraph (A) before the publication of such proposed regulations in accordance with section 22 of the Office of Federal Procurement Policy Act (
"(C) The committees named in this subparagraph are—
"(i) the Committees on Armed Services and on Government Operations of the House of Representatives; and
"(ii) the Committees on Armed Services and on Governmental Affairs of the Senate."
1989—Subsec. (e)(1)(N), (O).
Subsec. (k)(5)(B)(i).
Subsec. (k)(6).
Subsec. (l).
Subsec. (m).
1988—Subsec. (e)(1)(L).
Subsec. (e)(1)(M).
Subsec. (e)(1)(N).
"(i) In the case of a criminal action, a conviction (including a conviction pursuant to a plea of nolo contendere).
"(ii) In the case of a civil or administrative action, (I) a determination by the Secretary of Defense that the violation or failure to comply was knowing or willful, and (II) the imposition of a monetary penalty.
"(iii) A final decision by an appropriate official of the Department of Defense to debar or suspend the contractor or to rescind, void, or terminate a contract awarded to such contractor if such decision is based on a determination by the Secretary of Defense that the violation or failure to comply was knowing or willful."
Subsec. (e)(2), (3).
Subsec. (f)(5).
Subsec. (j).
Subsec. (k).
Subsec. (l).
1987—Subsec. (e)(1)(K).
Subsec. (k).
1985—Subsec. (e)(2).
Subsec. (h)(2).
Subsecs. (j), (k).
Effective Date of 1998 Amendment
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Section 4321(a) of
For effective date and applicability of amendment by section 4321(b)(9) of
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1992 Amendments
Amendment by
Section 818(b) of
Section 1352(c) of
Effective Date of 1991 Amendment
Section 346(b) of
Effective Date of 1989 Amendment
Section 311(a)(2) of
Section 853(a)(3) of
Effective and Termination Dates of 1988 Amendments
Section 8(e) of
Section 8105(d) of
Section 322(b) of
Section 826(d) of
Effective Date of 1987 Amendment
Section 805(b) of
Effective Date
Section 911(c) of
Regulations
Section 2101(e) of
Section 8(d) of
"(1) shall be prescribed not later than 120 days after the date of the enactment of this Act [Nov. 19, 1988]; and
"(2) shall apply to contracts entered into more than 30 days after the date on which such regulations are issued."
Section 8105(b), (c) of
Section 826(b) of
Section 832(b) of
Section 101(b) [title VIII, §8112(b), (c)] of
Section 911(b) of
"(1) Not later than 150 days after the date of the enactment of this Act [Nov. 8, 1985], the Secretary of Defense shall prescribe the regulations required by subsections (e) and (f) of
"(2) The Secretary shall review such regulations at least once every five years. The results of each such review shall be made public."
Payment of Restructuring Costs Under Defense Contracts
"[(a) Repealed.
"(b)
"(c)
"(1) include a definition of the term 'restructuring costs'; and
"(2) address the issue of contract novations under such contracts.
"(d)
"(e)
"(1) A description of the procedures being followed within the Department of Defense for evaluating projected costs and savings under a defense contract resulting from a restructuring of a defense contractor associated with a business combination.
"(2) A list of all defense contractors for which restructuring costs have been allowed by the Department, along with the identities of the firms which those contractors have acquired or with which those contractors have combined since July 21, 1993, that qualify the contractors for such restructuring reimbursement.
"(3) The Department's experience with business combinations for which the Department has agreed to allow restructuring costs since July 21, 1993, including the following:
"(A) The estimated amount of costs associated with each restructuring that have been or will be treated as allowable costs under defense contracts, including the type and amounts of costs that would not have arisen absent the business combination.
"(B) The estimated amount of savings associated with each restructuring that are expected to be achieved on defense contracts.
"(C) The types of documentation relied on to establish that savings associated with each restructuring will exceed costs associated with the restructuring.
"(D) Actual experience on whether savings associated with each restructuring are exceeding costs associated with the restructuring.
"(E) Identification of any programmatic or budgetary disruption in the Department of Defense resulting from contractor restructuring.
"(f)
"(g)
"(A) whether such regulations are consistent with the purposes of this section, other applicable law, and the Federal Acquisition Regulation; and
"(B) whether such regulations establish policies, procedures, and standards to ensure that restructuring costs are paid only when in the best interests of the United States.
"(2) The Comptroller General shall report periodically to Congress on the implementation of the policy of the Department of Defense regarding defense industry restructuring."
Reimbursement of Indirect Costs of Institutions of Higher Education Under Department of Defense Contracts
"(a)
"(b)
"(c)
"(1) The term 'allowable indirect costs' means costs that are generally considered allowable as indirect costs under regulations that establish the cost reimbursement principles applicable to an institution of higher education for purposes of Department of Defense contracts.
"(2) The term 'institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 [
Assessment of Regulations Relating to Allowability of Costs To Promote Export of Defense Products; Report to Congress
Section 826(c) of
Air Travel Expenses of Defense Contractor Personnel
Section 833 of
"(a)
"(b)
"(1) the rate was available; and
"(2) travel could have reasonably been performed under the conditions required by the air carrier to qualify for such rate.
"(c)
"(d)
Burden of Proof in Government Contract Dispute Resolution
Section 933 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2325. Restructuring costs
(a)
(A) that the amount of projected savings for the Department of Defense associated with the restructuring will be at least twice the amount of the costs allowed; or
(B) that the amount of projected savings for the Department of Defense associated with the restructuring will exceed the amount of the costs allowed and that the business combination will result in the preservation of a critical capability that otherwise might be lost to the Department.
(2) The Secretary may not delegate the authority to make a determination under paragraph (1) to an official of the Department of Defense below the level of an Assistant Secretary of Defense.
(b)
(1) For each defense contractor to which the Secretary has paid, under
(A) An estimate of the amount of savings for the Department of Defense associated with the restructuring that has been realized as of the end of the preceding calendar year.
(B) An estimate of the amount of savings for the Department of Defense associated with the restructuring that is expected to be achieved on defense contracts.
(2) An identification of any business combination for which the Secretary has paid restructuring costs under
(A) the supporting rationale for allowing such costs;
(B) factual information associated with the determination made under subsection (a) with respect to such costs; and
(C) a discussion of whether the business combination would have proceeded without the payment of restructuring costs by the Secretary.
(3) For business combinations of major defense contractors that took place during the year preceding the year of the report—
(A) an assessment of any potentially adverse effects that the business combinations could have on competition for Department of Defense contracts (including potential horizontal effects, vertical effects, and organizational conflicts of interest), the national technology and industrial base, or innovation in the defense industry; and
(B) the actions taken to mitigate the potentially adverse effects.
(c)
(Added
Prior Provisions
A prior section 2325, added
Another prior section 2325 was renumbered
Amendments
1999—Subsec. (a)(1).
Effective Date
Section 804(c) of
GAO Reports
Section 804(b) of
"(1) Not later than April 1, 1998, the Comptroller General shall—
"(A) in consultation with appropriate officials in the Department of Defense—
"(i) identify major market areas affected by business combinations of defense contractors since January 1, 1990; and
"(ii) develop a methodology for determining the savings from business combinations of defense contractors on the prices paid on particular defense contracts; and
"(B) submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report describing, for each major market area identified pursuant to subparagraph (A)(i), the changes in numbers of businesses competing for major defense contracts since January 1, 1990.
"(2) Not later than December 1, 1998, the Comptroller General shall submit to the congressional defense committees a report containing the following:
"(A) Updated information on—
"(i) restructuring costs of business combinations paid by the Department of Defense pursuant to certifications under section 818 of the National Defense Authorization Act for Fiscal Year 1995 [
"(ii) savings realized by the Department of Defense as a result of the business combinations for which the payment of restructuring costs was so certified.
"(B) An assessment of the savings from business combinations of defense contractors on the prices paid on a meaningful sample of defense contracts, determined in accordance with the methodology developed pursuant to paragraph (1)(A)(ii), as well as a description of the methodology.
"(C) Any recommendations that the Comptroller General considers appropriate.
"(3) In this subsection, the term 'business combination' has the meaning given that term in
§2326. Undefinitized contractual actions: restrictions
(a)
(b)
(A) the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or
(B) the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action.
(2) Except as provided in paragraph (3), the contracting officer for an undefinitized contractual action may not obligate with respect to such contractual action an amount that is equal to more than 50 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(3) If a contractor submits a qualifying proposal (as defined in subsection (g)) to definitize an undefinitized contractual action before an amount equal to more than 50 percent of the negotiated overall ceiling price is obligated on such action, the contracting officer for such action may not obligate with respect to such contractual action an amount that is equal to more than 75 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(4) The head of an agency may waive the provisions of this subsection with respect to a contract of that agency if that head of an agency determines that the waiver is necessary in order to support any of the following operations:
(A) A contingency operation.
(B) A humanitarian or peacekeeping operation.
(5) This subsection does not apply to an undefinitized contractual action for the purchase of initial spares.
(c)
(1) good business practice; and
(2) in the best interests of the United States.
(d)
(1) good business practice; and
(2) in the best interests of the United States.
(e)
(1) the possible reduced cost risk of the contractor with respect to costs incurred during performance of the contract before the final price is negotiated; and
(2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract.
(f)
(g)
(1) The term "undefinitized contractual action" means a new procurement action entered into by the head of an agency for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. Such term does not include contractual actions with respect to the following:
(A) Foreign military sales.
(B) Purchases in an amount not in excess of the amount of the simplified acquisition threshold.
(C) Special access programs.
(D) Congressionally mandated long-lead procurement contracts.
(2) The term "qualifying proposal" means a proposal that contains sufficient information to enable the Department of Defense to conduct complete and meaningful audits of the information contained in the proposal and of any other information that the Department is entitled to review in connection with the contract, as determined by the contracting officer.
(Added
Codification
Prior Provisions
A prior section 2326 was renumbered
Amendments
1997—Subsec. (b)(4).
1994—Subsec. (b).
Subsec. (b)(1)(B).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4), (5).
Subsec. (g)(1)(B).
1991—Subsec. (g)(1)(B).
1989—Subsec. (g)(1)(D).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date
Section 101(c) [title X, §908(d)(2)] of
Limitation on Use of Funds for Undefinitized Contractual Actions; Oversight by Inspector General; Waiver Authority
Section 101(c) [title X, §908(a)–(c), (e)] of
"(a)
"(A) the total amount of funds obligated for contractual actions during the six-month period;
"(B) the total amount of funds obligated during the six-month period for undefinitized contractual actions; and
"(C) the total amount of funds obligated during the six-month period for undefinitized contractual actions that are not definitized on or before the last day of such period.
"(2) On the last day of each six-month period described in paragraph (4), the amount of funds obligated for undefinitized contractual actions entered into by the Secretary of Defense (with respect to the Defense Logistics Agency) or the Secretary of a military department during the six-month period that are not definitized on or before such day may not exceed 10 percent of the amount of funds obligated for all contractual actions entered into by the Secretary during the six-month period.
"(3) If on the last day of a six-month period described in paragraph (4) the total amount of funds obligated for undefinitized contractual actions under the jurisdiction of a Secretary that were entered into during the six-month period exceeds the limit established in paragraph (2), the Secretary—
"(A) shall, not later than the end of the 45-day period beginning on the first day following the six-month period, submit to the defense committees an unclassified report concerning—
"(i) the amount of funds obligated for contractual actions under the jurisdiction of the Secretary that were entered into during the six-month period with respect to which the report is submitted; and
"(ii) the amount of such funds obligated for undefinitized contractual actions; and
"(B) except with respect to the six-month period described in paragraph (4)(A), may not enter into any additional undefinitized contractual actions until the date on which the Secretary certifies to Congress that such limit is not exceeded by the cumulative amount of funds obligated for undefinitized contractual actions under the jurisdiction of the Secretary that are not definitized on or before such date and were entered into—
"(i) during the six-month period for which such limit was exceeded; or
"(ii) after the end of such six-month period.
"(4) This subsection applies to the following six-month periods:
"(A) The period beginning on October 1, 1986, and ending on March 31, 1987.
"(B) The period beginning on April 1, 1987, and ending on September 30, 1987.
"(C) The period beginning on October 1, 1987, and ending on March 31, 1988.
"(D) The period beginning on April 1, 1988, and ending on September 30, 1988.
"(E) The period beginning on October 1, 1988, and ending on March 31, 1989.
"(b)
"(1) periodically conduct an audit of contractual actions under the jurisdiction of the Secretary of Defense (with respect to the Defense Logistics Agency) and the Secretaries of the military departments; and
"(2) after each audit, submit to Congress a report on the management of undefinitized contractual actions by each Secretary, including the amount of contractual actions under the jurisdiction of each Secretary that is represented by undefinitized contractual actions.
"(c)
"(e)
§2327. Contracts: consideration of national security objectives
(a)
(b)
(1) a foreign government owns or controls (whether directly or indirectly) a significant interest in such firm or subsidiary (or, in the case of a subsidiary, in the firm that owns the subsidiary); and
(2) such foreign government is the government of a country that the Secretary of State determines under section 6(j)(1)(A) of the Export Administration Act of 1979 (
(c)
(B) A report under subparagraph (A) shall include the following:
(i) The identity of the foreign government concerned.
(ii) The nature of the contract.
(iii) The extent of ownership or control of the firm or subsidiary concerned (or, if appropriate in the case of a subsidiary, of the firm that owns the subsidiary) by the foreign government concerned or the agency or instrumentality of such foreign government.
(iv) The reasons for entering into the contract.
(C) After the head of an agency submits a report to Congress under subparagraph (A) with respect to a firm or a subsidiary, such head of an agency is not required to submit a report before entering into any subsequent contract with such firm or subsidiary unless the information required to be included in such report under subparagraph (B) has materially changed since the submission of the previous report.
(2) Upon the request of the head of an agency, the Secretary of Defense shall determine whether entering into a contract with a firm or subsidiary described in subsection (b) is inconsistent with the national security objectives of the United States. In making such a determination, the Secretary of Defense shall consider the following:
(A) The relationship of the United States with the foreign government concerned.
(B) The obligations of the United States under international agreements.
(C) The extent of the ownership or control of the firm or subsidiary (or, if appropriate in the case of a subsidiary, of the firm that owns the subsidiary) by the foreign government or an agent or instrumentality of the foreign government.
(D) Whether payments made, or information made available, to the firm or subsidiary under the contract could be used for purposes hostile to the interests of the United States.
(d)
(2)(A) A person may request the Secretary to include on the list maintained under paragraph (1) any firm or subsidiary of a firm that the person believes to be owned or controlled by a foreign government described in subsection (b)(2). Upon receipt of such a request, the Secretary shall determine whether the conditions in paragraphs (1) and (2) of subsection (b) exist in the case of that firm or subsidiary. If the Secretary determines that such conditions do exist, the Secretary shall include the firm or subsidiary on the list.
(B) A firm or subsidiary of a firm included on the list may request the Secretary to remove such firm or subsidiary from the list on the basis that it has been erroneously included on the list or its ownership circumstances have significantly changed. Upon receipt of such a request, the Secretary shall determine whether the conditions in paragraphs (1) and (2) of subsection (b) exist in the case of that firm or subsidiary. If the Secretary determines that such conditions do not exist, the Secretary shall remove the firm or subsidiary from the list.
(C) The Secretary shall establish procedures to carry out this paragraph.
(3) The head of an agency shall prohibit each firm or subsidiary of a firm awarded a contract by the agency from entering into a subcontract under that contract in an amount in excess of $25,000 with a firm or subsidiary included on the list maintained under paragraph (1) unless there is a compelling reason to do so. In the case of any subcontract requiring consent by the head of an agency, the head of the agency shall not consent to the award of the subcontract to a firm or subsidiary included on such list unless there is a compelling reason for such approval.
(e)
(f)
(2) This section does not apply to the Coast Guard or the National Aeronautics and Space Administration.
(g)
(Added
Codification
Prior Provisions
A prior section 2327 was renumbered
Amendments
1997—Subsecs. (d) to (g).
1987—Subsecs. (a), (b)(2).
Subsec. (d)(1).
Effective Date
Section 101(c) [title X, §951(c)] of
Reports by Defense Contractors of Dealings With Terrorist Countries
"(a)
"(A) before entering into the contract, to report to the Secretary each commercial transaction which that person has conducted with the government of any terrorist country during the preceding three years or the period since the effective date of this section, whichever is shorter; and
"(B) to report to the Secretary each such commercial transaction which that person conducts during the course of the contract (but not after the date specified in subsection (h)) with the government of any terrorist country.
"(2) The requirement contained in paragraph (1)(B) shall be included in the contract with the Department of Defense.
"(3) This section does not apply with respect to a contract for the procurement of a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
"(h)
§2328. Release of technical data under Freedom of Information Act: recovery of costs
(a)
(2) The Secretary of Defense shall prescribe regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees under this section.
(b)
(1) shall be retained by the Department of Defense or the element of the Department of Defense receiving the amount; and
(2) shall be merged with and available for the same purpose and the same time period as the appropriation from which the costs incurred in complying with requests for technical data were paid.
(c)
(1) the request is made by a citizen of the United States or a United States corporation, and such citizen or corporation certifies that the technical data requested is required to enable such citizen or corporation to submit an offer or determine whether it is capable of submitting an offer to provide the product to which the technical data relates to the United States or a contractor with the United States (except that the Secretary may require the citizen or corporation to pay a deposit in an amount equal to not more than the cost of complying with the request, to be refunded upon submission of an offer by the citizen or corporation);
(2) the release of technical data is requested in order to comply with the terms of an international agreement; or
(3) the Secretary determines, in accordance with
(Added
Codification
Prior Provisions
A prior section 2328 was renumbered
Amendments
1987—
Subsec. (a)(1).
Subsec. (b).
Subsec. (c)(3).
Effective Date of 1987 Amendment
Section 12(d)(2) of
Effective Date
Section 101(c) [title X, §954(b)] of
[§2329. Repealed. Pub. L. 103–355, title I, §1506(a), Oct. 13, 1994, 108 Stat. 3298 ]
Section, added
[§2330. Repealed. Pub. L. 102–484, div. D, title XLII, §4271(a)(1), Oct. 23, 1992, 106 Stat. 2695 ]
Section, added
A prior section 2330 was renumbered
§2331. Contracts for professional and technical services
(a)
(b)
(1) include standards and approval procedures to minimize the use of such contracts;
(2) establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime;
(3) ensure appropriate emphasis on technical and quality factors in the source selection process;
(4) require identification of any hours in excess of 40-hour weeks included in a proposal;
(5) ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and
(6) provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract.
(Added
Prior Provisions
A prior section 2331 was renumbered
Amendments
1994—Subsec. (c).
"(1) The Secretary of Defense may waive the limitation in
"(2) During any fiscal year, such a waiver may not increase the total value of task orders under master agreements of a contracting activity by more than 20 percent of the value of all contracts for advisory and assistance services awarded by that contracting activity during fiscal year 1989.
"(3) Such a waiver shall not become effective until 60 days after the Secretary of Defense has published notice thereof in the Federal Register."
1991—Subsec. (c)(1).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Regulations
Section 834(b) of
Provisions Not Affected by Pub. L. 103–355
Repeal of subsec. (c) of this section by
CHAPTER 138 —COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER COUNTRIES
Amendments
1990—
1989—
1987—
Prior Provisions
Section 2329, added
SUBCHAPTER I—ACQUISITION AND CROSS-SERVICING AGREEMENTS
Amendments
1994—
1993—
1990—
1989—
1986—
1985—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§2341. Authority to acquire logistic support, supplies, and services for elements of the armed forces deployed outside the United States
Subject to
(1) acquire from the Governments of North Atlantic Treaty Organization countries, from North Atlantic Treaty Organization subsidiary bodies, and from the United Nations Organization or any regional international organization of which the United States is a member logistic support, supplies, and services for elements of the armed forces deployed outside the United States; and
(2) acquire from any government not a member of the North Atlantic Treaty Organization logistic support, supplies, and services for elements of the armed forces deployed (or to be deployed) outside the United States if that country—
(A) has a defense alliance with the United States;
(B) permits the stationing of members of the armed forces in such country or the homeporting of naval vessels of the United States in such country;
(C) has agreed to preposition materiel of the United States in such country; or
(D) serves as the host country to military exercises which include elements of the armed forces or permits other military operations by the armed forces in such country.
(Added
Amendments
1994—Par. (1).
1992—Par. (1).
Par. (2).
1986—
1985—
Effective Date of 1994 Amendment
Section 1317(j) of
Effective Date of 1992 Amendment
Section 1312(c) of
Short Title
Section 1 of
Acceptance of Real Property, Services, and Commodities From Foreign Countries by Agencies of Department of Defense
Overseas Workload Program
Section Referred to in Other Sections
This section is referred to in
§2342. Cross-servicing agreements
(a)(1) Subject to
(A) The government of a North Atlantic Treaty Organization country.
(B) A subsidiary body of the North Atlantic Treaty Organization.
(C) The United Nations Organization or any regional international organization of which the United States is a member.
(D) The government of a country not a member of the North Atlantic Treaty Organization but which is designated by the Secretary of Defense, subject to the limitations prescribed in subsection (b), as a government with which the Secretary may enter into agreements under this section.
(2) An agreement referred to in paragraph (1) is an agreement under which the United States agrees to provide logistic support, supplies, and services to military forces of a country or organization referred to in paragraph (1) in return for the reciprocal provisions of logistic support, supplies, and services by such government or organization to elements of the armed forces.
(b) The Secretary of Defense may not designate a country for an agreement under this section unless—
(1) the Secretary, after consultation with the Secretary of State, determines that the designation of such country for such purpose is in the interest of the national security of the United States; and
(2) in the case of a country which is not a member of the North Atlantic Treaty Organization, the Secretary submits to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives notice of the intended designation at least 30 days before the date on which such country is designated by the Secretary under subsection (a).
(c) The Secretary of Defense may not use the authority of this subchapter to procure from any foreign government or international organization any goods or services reasonably available from United States commercial sources.
(d) The Secretary shall prescribe regulations to ensure that contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests.
(Added
Amendments
1999—Subsec. (b)(2).
1996—Subsec. (b).
1994—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
1990—Subsec. (a).
1989—Subsecs. (c), (d).
1987—
1986—
1985—
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2343. Waiver of applicability of certain laws
(Added
Amendments
1994—
1991—Subsec. (b).
1989—Subsec. (a).
1988—Subsec. (b).
1987—Subsec. (b).
1985—
Subsec. (a).
Subsec. (b).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by section 961(b) of
Section Referred to in Other Sections
This section is referred to in
§2344. Methods of payment for acquisitions and transfers by the United States
(a) Logistics support, supplies, and services may be acquired or transferred by the United States under the authority of this subchapter on a reimbursement basis or by replacement-in-kind or exchange of supplies or services of an equal value.
(b)(1) In entering into agreements with the Government of another North Atlantic Treaty Organization country or other foreign country for the acquisition or transfer of logistic support, supplies, and services on a reimbursement basis, the Secretary of Defense shall negotiate for adoption of the following pricing principles for reciprocal application:
(A) The price charged by a supplying country for logistics support, supplies, and services specifically procured by the supplying country from its contractors for a recipient country shall be no less favorable than the price for identical items or services charged by such contractors to the armed forces of the supplying country, taking into account price differentials due to delivery schedules, points of delivery, and other similar considerations.
(B) The price charged a recipient country for supplies furnished by a supplying country from its inventory, and the price charged a recipient country for logistics support and services furnished by the officers, employees, or governmental agencies of a supplying country, shall be the same as the price charged for identical supplies, support, or services acquired by an armed force of the supplying country from such governmental sources.
(2) To the extent that the Secretary of Defense is unable to obtain mutual acceptance by the other country involved of the reciprocal pricing principles for reimbursable transactions set forth in paragraph (1)—
(A) the United States may not acquire from such country any logistic support, supply, or service not governed by such reciprocal pricing principles unless the United States forces commander acquiring such support, supply, or service determines (after price analysis) that the price thereof is fair and reasonable; and
(B) transfers by the United States to such country under this subchapter of any logistic support, supply, or service that is not governed by such reciprocal pricing principles shall be subject to the pricing provisions of the Arms Export Control Act (
(3) To the extent that indirect costs (including charges for plant and production equipment), administrative surcharges, and contract administration costs with respect to any North Atlantic Treaty Organization country or other foreign country are not waived by operation of the reciprocal pricing principles of paragraph (1), the Secretary of Defense may, on a reciprocal basis, agree to waive such costs.
(4) The pricing principles set forth in paragraph (2) and the waiver authority provided in paragraph (3) shall also apply to agreements with North Atlantic Treaty Organization subsidiary bodies and the United Nations Organization or any regional international organization of which the United States is a member under this subchapter.
(c) In acquiring or transferring logistics support, supplies, or services under the authority of this subchapter by exchange of supplies or services, the Secretary of Defense may not agree to or carry out the following:
(1) Transfers in exchange for property the acquisition of which by the Department of Defense is prohibited by law.
(2) Transfers of source, byproduct, or special nuclear materials or any other material, article, data, or thing of value the transfer of which is subject to the Atomic Energy Act of 1954 (
(3) Transfers of chemical munitions.
(Added
References in Text
The Arms Export Control Act, referred to in subsec. (b)(2)(B), is
The Atomic Energy Act of 1954, referred to in subsec. (c)(2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
Amendments
1994—Subsec. (b)(4).
1991—Subsec. (c).
1989—Subsec. (a).
Subsec. (b)(2)(B), (4).
Subsec. (c).
1986—Subsec. (b)(1), (3).
1985—
1981—Subsec. (b)(2)(B).
Effective Date of 1994 Amendment
Amendment by
§2345. Liquidation of accrued credits and liabilities
(a) Credits and liabilities of the United States accrued as a result of acquisitions and transfers of logistic support, supplies, and services under the authority of this subchapter shall be liquidated not less often than once every 12 months by direct payment to the entity supplying such support, supplies, or services by the entity receiving such support, supplies, or services.
(b) Payment-in-kind or exchange entitlements accrued as a result of acquisitions and transfers of logistic support, supplies, and services under authority of this subchapter shall be satisfied within 12 months after the date of the delivery of the logistic support, supplies, or services.
(Added
Amendments
1994—Subsec. (a).
1989—Subsecs. (a), (b).
1986—
1985—
Effective Date of 1994 Amendment
Amendment by
§2346. Crediting of receipts
Any receipt of the United States as a result of an agreement entered into under this subchapter shall be credited, at the option of the Secretary of Defense, to (1) the appropriation, fund, or account used in incurring the obligation, or (2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
(Added
Amendments
1994—
1989—
1985—
Effective Date of 1994 Amendment
Amendment by
§2347. Limitation on amounts that may be obligated or accrued by the United States
(a)(1) Except during a period of active hostilities involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with other member countries of the North Atlantic Treaty Organization, subsidiary bodies of the North Atlantic Treaty Organization, or from the United Nations Organization or any regional international organization of which the United States is a member may not exceed $200,000,000 in any fiscal year, and of such amount not more than $50,000,000 in liabilities may be accrued for the acquisition of supplies (other than petroleum, oils, and lubricants).
(2) Except during a period of active hostilities involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with a country which is not a member of the North Atlantic Treaty Organization, but with which the United States has one or more acquisition or cross-servicing agreements, may not exceed $60,000,000 in any fiscal year, and of such amount not more than $20,000,000 in liabilities may be accrued for the acquisition of supplies (other than petroleum, oils, and lubricants). The $60,000,000 limitation specified in this paragraph is in addition to the limitation specified in paragraph (1).
(b)(1) Except during a period of active hostilities involving the armed forces, the total amount of reimbursable credits that the United States may accrue under this subchapter (before the computation of offsetting balances) with other member countries of the North Atlantic Treaty Organization, subsidiary bodies of the North Atlantic Treaty Organization, or from the United Nations Organization or any regional international organization of which the United States is a member may not exceed $150,000,000 in any fiscal year.
(2) Except during a period of active hostilities involving the armed forces, the total amount of reimbursable credits that the United States may accrue under this subchapter (before the computation of offsetting balances) with a country which is not a member of the North Atlantic Treaty Organization, but with which the United States has one or more acquisition or cross-servicing agreements may not exceed $75,000,000 in any fiscal year. Such limitation specified in this paragraph is in addition to the limitation specified in paragraph (1).
(c) When the armed forces are involved in a contingency operation or in a non-combat operation (including an operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operations under chapter VI or VII of the Charter of the United Nations), the restrictions in subsections (a) and (b) are waived for the purposes and duration of that operation.
(Added
Amendments
1994—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
1993—Subsec. (b)(2).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
1989—
1988—Subsec. (a)(1).
1986—Subsec. (a).
Subsec. (b).
1985—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
§2348. Inventories of supplies not to be increased
Inventories of supplies for elements of the armed forces may not be increased for the purpose of transferring supplies under the authority of this subchapter.
(Added
Amendments
1989—
1986—
1985—
1981—
§2349. Overseas Workload Program
(a)
(b)
(c)
(1) could adversely affect the military preparedness of the armed forces; or
(2) would violate the terms of an international agreement to which the United States is a party.
(d)
(Added
Prior Provisions
A prior section 2349, added
Provisions similar to those in this section were contained in
§2349a. Annual report on non-NATO agreements
(a)
(b)
(1) The total dollar amounts involved.
(2) A description of any services and equipment provided or received through those actions.
(3) A description of any equipment provided through those actions that is not returned.
(4) The volume of credits and liabilities accrued and liquidated.
(c)
(Added
Effective Date
Section applicable with regard to any acquisition or transfer of logistic support, supplies, and services under authority of this subchapter that is initiated after Oct. 5, 1994, see section 1317(j) of
§2350. Definitions
In this subchapter:
(1) The term "logistic support, supplies, and services" means food, billeting, transportation (including airlift), petroleum, oils, lubricants, clothing, communications services, medical services, ammunition, base operations support (and construction incident to base operations support), storage services, use of facilities, training services, spare parts and components, repair and maintenance services, calibration services, and port services. Such term includes temporary use of general purpose vehicles and other nonlethal items of military equipment which are not designated as significant military equipment on the United States Munitions List promulgated pursuant to section 38(a)(1) of the Arms Export Control Act.
(2) The term "North Atlantic Treaty Organization subsidiary bodies" means—
(A) any organization within the meaning of the term "subsidiary bodies" in article I of the multilateral treaty on the Status of the North Atlantic Treaty Organisation, National Representatives and International Staff, signed at Ottawa on September 20, 1951 (TIAS 2992; 5 UST 1087); and
(B) any international military headquarters or organization to which the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty, signed at Paris on August 28, 1952 (TIAS 2978; 5 UST 870), applies.
(3) The term "military region" means the geographical area of responsibility assigned to the commander of a unified combatant command (excluding Europe and adjacent waters).
(4) The term "transfer" means selling (whether for payment in currency, replacement-in-kind, or exchange of supplies or services of equal value), leasing, loaning, or otherwise temporarily providing logistic support, supplies, and services under the terms of a cross-servicing agreement.
(Added
References in Text
Section 38(a)(1) of the Arms Export Control Act, referred to in par. (1), is classified to
Amendments
1997—Par. (1).
1994—Par. (1).
Par. (4).
1989—
1987—
1986—Par. (3).
1985—
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—OTHER COOPERATIVE AGREEMENTS
Amendments
1996—
1993—
1991—
1990—
§2350a. Cooperative research and development projects: allied countries
(a)
(b)
(2) The authority of the Secretary to make a determination under paragraph (1) may only be delegated to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(c)
(d)
(2) A major ally of the United States may not use any military or economic assistance grant, loan, or other funds provided by the United States for the purpose of making that ally's contribution to a cooperative research and development program entered into with the United States under this section.
(e)
(B) The Under Secretary shall also prepare an arms cooperation opportunities document for review of each new project for which a document known as a Mission Need Statement is prepared.
(2) An arms cooperation opportunities document referred to in paragraph (1) shall include the following:
(A) A statement indicating whether or not a project similar to the one under consideration by the Department of Defense is in development or production by one or more of the major allies of the United States or NATO organizations.
(B) If a project similar to the one under consideration by the Department of Defense is in development or production by one or more major allies of the United States or NATO organizations, an assessment by the Under Secretary of Defense for Acquisition, Technology, and Logistics as to whether that project could satisfy, or could be modified in scope so as to satisfy, the military requirements of the project of the United States under consideration by the Department of Defense.
(C) An assessment of the advantages and disadvantages with regard to program timing, developmental and life cycle costs, technology sharing, and Rationalization, Standardization, and Interoperability (RSI) of seeking to structure a cooperative development program with one or more major allies of the United States or NATO organizations.
(D) The recommendation of the Under Secretary as to whether the Department of Defense should explore the feasibility and desirability of a cooperative development program with one or more major allies of the United States or NATO organizations.
(f)
(A) a description of the status, funding, and schedule of existing projects carried out under this section for which memoranda of understanding (or other formal agreements) have been entered into; and
(B) a description of the purpose, funding, and schedule of any new projects proposed to be carried out under this section (including those projects for which memoranda of understanding (or other formal agreements) have not yet been entered into) for which funds have been included in the budget submitted to Congress pursuant to
(2) The Secretary of Defense and the Secretary of State, whenever they consider such action to be warranted, shall jointly submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives a report—
(A) enumerating those countries to be added to or deleted from the existing designation of countries designated as major non-NATO allies for purposes of this section; and
(B) specifying the criteria used in determining the eligibility of a country to be designated as a major non-NATO ally for purposes of this section.
(g)
(A) that the Secretary of Defense should test conventional defense equipment, munitions, and technologies manufactured and developed by major allies of the United States and other friendly foreign countries to determine the ability of such equipment, munitions, and technologies to satisfy United States military requirements or to correct operational deficiencies; and
(B) that while the testing of nondevelopmental items and items in the late state of the development process are preferred, the testing of equipment, munitions, and technologies may be conducted to determine procurement alternatives.
(2) The Secretary of Defense may acquire equipment, munitions, and technologies of the type described in paragraph (1) for the purpose of conducting the testing described in that paragraph.
(3) The Deputy Director, Defense Research and Engineering (Test and Evaluation) shall notify the Speaker of the House of Representatives and the Committees on Armed Services and on Appropriations of the Senate of the Deputy Director's intent to obligate funds made available to carry out this subsection not less than 30 days before such funds are obligated.
(4) The Secretary of Defense shall submit to Congress each year, not later than March 1, a report containing information on—
(A) the equipment, munitions, and technologies manufactured and developed by major allies of the United States and other friendly foreign countries that were evaluated under this subsection during the previous fiscal year;
(B) the obligation of any funds under this subsection during the previous fiscal year; and
(C) the equipment, munitions, and technologies that were tested under this subsection and procured during the previous fiscal year.
(h)
(i)
(1) The term "cooperative research and development project" means a project involving joint participation by the United States and one or more major allies of the United States or NATO organizations under a memorandum of understanding (or other formal agreement) to carry out a joint research and development program—
(A) to develop new conventional defense equipment and munitions; or
(B) to modify existing military equipment to meet United States military requirements.
(2) The term "major ally of the United States" means—
(A) a member nation of the North Atlantic Treaty Organization (other than the United States); or
(B) a major non-NATO ally.
(3) The term "major non-NATO ally" means a country (other than a member nation of the North Atlantic Treaty Organization) that is designated as a major non-NATO ally for purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
(4) The term "NATO organization" means any North Atlantic Treaty Organization subsidiary body referred to in
(Added
Prior Provisions
Provisions relating to NATO countries were contained in
Provisions relating to major non-NATO allies were contained in
Amendments
1999—Subsecs. (b)(2), (e)(1)(A), (2)(B), (f)(1).
Subsec. (f)(2).
1996—Subsec. (f)(2).
1994—Subsecs. (a), (e)(2)(A) to (D), (i)(1).
Subsec. (i)(4).
1993—Subsecs. (b)(2), (e)(1)(A), (2)(B), (f)(1).
1992—Subsec. (c).
1991—Subsec. (g)(1)(A), (4)(A).
1990—Subsec. (g)(4).
Termination Date of 1992 Amendment
Section 843(c) of
Section Referred to in Other Sections
This section is referred to in
§2350b. Cooperative projects under Arms Export Control Act: acquisition of defense equipment
(a)(1) If the President delegates to the Secretary of Defense the authority to carry out section 27(d) of the Arms Export Control Act (
(2) Except as provided in subsection (c),
(b) When contracting or incurring obligations under section 27(d) of the Arms Export Control Act for cooperative projects, the Secretary of Defense may require subcontracts to be awarded to particular subcontractors in furtherance of the cooperative project.
(c)(1) Subject to paragraph (2), when entering into contracts or incurring obligations under section 27(d) of the Arms Export Control Act outside the United States, the Secretary of Defense may waive with respect to any such contract or subcontract the application of any provision of law, other than a provision of the Arms Export Control Act or
(A) procedures to be followed in the formation of contracts;
(B) terms and conditions to be included in contracts;
(C) requirements for or preferences to be given to goods grown, produced, or manufactured in the United States or in United States Government-owned facilities or for services to be performed in the United States; or
(D) requirements regulating the performance of contracts.
(2) A waiver may not be made under paragraph (1) unless the Secretary determines that the waiver is necessary to ensure that the cooperative project will significantly further standardization, rationalization, and interoperability.
(3) The authority of the Secretary to make waivers under this subsection may be delegated only to the Deputy Secretary of Defense or the Acquisition Executive designated for the Office of the Secretary of Defense.
(d)(1) The Secretary of Defense shall notify the Congress each time he requires that a prime contract be awarded to a particular prime contractor or that a subcontract be awarded to a particular subcontractor to comply with a cooperative agreement. The Secretary shall include in each such notice the reason for exercising his authority to designate a particular contractor or subcontractor, as the case may be.
(2) The Secretary shall also notify the Congress each time he exercises a waiver under subsection (c) and shall include in such notice the particular provision or provisions of law that were waived.
(3) A report under this subsection shall be required only to the extent that the information required by this subsection has not been provided in a report made by the President under section 27(e) of the Arms Export Control Act (
(e)(1) In carrying out a cooperative project under section 27 of the Arms Export Control Act, the Secretary of Defense may agree that a participant (other than the United States) or a NATO organization may make a contract for requirements of the United States under the project if the Secretary determines that such a contract will significantly further standardization, rationalization, and interoperability. Except to the extent waived under this section or under any other provision of law, the Secretary shall ensure that such contract will be made on a competitive basis and that United States sources will not be precluded from competing under the contract.
(2) If a participant (other than the United States) in such a cooperative project or a NATO organization makes a contract on behalf of such project to meet the requirements of the United States, the contract may permit the contracting party to follow its own procedures relating to contracting.
(f) In carrying out a cooperative project, the Secretary of Defense may also agree to the disposal of property that is jointly acquired by the members of the project without regard to any laws of the United States applicable to the disposal of property owned by the United States. Disposal of such property may include a transfer of the interest of the United States in such property to one of the other governments participating in the cooperative agreement or the sale of such property. Payment for the transfer or sale of any interest of the United States in any such property shall be made in accordance with the terms of the cooperative agreement.
(g) Nothing in this section shall be construed as authorizing—
(1) the Secretary of Defense to waive any of the financial management responsibilities administered by the Secretary of the Treasury; or
(2) to waive the cargo preference laws of the United States, including
(Added
References in Text
The Arms Export Control Act, referred to in subsec. (c)(1), is
Amendments
1996—Subsec. (c)(1).
Subsec. (d)(1).
Subsec. (e)(1).
Subsec. (e)(2).
1989—
1986—
Subsec. (a)(1).
Subsec. (c)(2).
Subsec. (e).
Subsec. (g)(2).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by section 4321(b)(10) of
§2350c. Cooperative military airlift agreements: allied countries
(a) Subject to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into cooperative military airlift agreements with the government of any allied country for the transportation of the personnel and cargo of the military forces of that country on aircraft operated by or for the military forces of the United States in return for the reciprocal transportation of the personnel and cargo of the military forces of the United States on aircraft operated by or for the military forces of that allied country. Any such agreement shall include the following terms:
(1) The rate of reimbursement for transportation provided shall be the same for each party and shall be not less than the rate charged to military forces of the United States, as determined by the Secretary of Defense under
(2) Credits and liabilities accrued as a result of providing or receiving transportation shall be liquidated as agreed upon by the parties. Liquidation shall be either by direct payment to the country that has provided the greater amount of transportation or by the providing of in-kind transportation services to that country. The liquidation shall occur on a regular basis, but not less often than once every 12 months.
(3) During peacetime, the only military airlift capacity that may be used to provide transportation is that capacity that (A) is not needed to meet the transportation requirements of the military forces of the country providing the transportation, and (B) was not created solely to accommodate the requirements of the military forces of the country receiving the transportation.
(4) Defense articles purchased by an allied country from the United States under the Arms Export Control Act (
(b) Subject to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into nonreciprocal military airlift agreements with North Atlantic Treaty Organization subsidiary bodies for the transportation of the personnel and cargo of such subsidiary bodies on aircraft operated by or for the military forces of the United States. Any such agreement shall be subject to such terms as the Secretary of Defense considers appropriate.
(c) Any amount received by the United States as a result of an agreement entered into under this section shall be credited to applicable appropriations, accounts, and funds of the Department of Defense.
(d) Notwithstanding subchapter I, the Secretary of Defense may enter into military airlift agreements with allied countries only under the authority of this section.
(e) In this section:
(1) The term "allied country" means any of the following:
(A) A country that is a member of the North Atlantic Treaty Organization.
(B) Australia, New Zealand, Japan, and the Republic of Korea.
(C) Any other country designated as an allied country for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
(2) The term "North Atlantic Treaty Organization subsidiary bodies" has the meaning given to it by
(Added
References in Text
The Arms Export Control Act (
Amendments
1992—Subsec. (a)(2).
Subsec. (e)(1)(B).
1989—
Subsec. (d).
1987—Subsec. (e).
1985—Subsec. (e)(2).
§2350d. Cooperative logistic support agreements: NATO countries
(a)
(A) shall be entered into pursuant to the terms of the charter of the NATO Maintenance and Supply Organization; and
(B) shall provide for the common logistic support of a specific weapon system common to the participating countries.
(2) Such an agreement may provide for—
(A) the transfer of logistics support, supplies, and services by the United States to the NATO Maintenance and Supply Organization; and
(B) the acquisition of logistics support, supplies, and services by the United States from that Organization.
(b)
(1) may agree that the NATO Maintenance and Supply Organization may enter into contracts for supply and acquisition of logistics support in Europe for requirements of the United States, to the extent the Secretary determines that the procedures of such Organization governing such supply and acquisition are appropriate; and
(2) may share the costs of set-up charges of facilities for use by the NATO Maintenance and Supply Organization to provide cooperative logistics support and in the costs of establishing a revolving fund for initial acquisition and replenishment of supply stocks to be used by the NATO Maintenance and Supply Organization to provide cooperative logistics support.
(c)
(d)
(e)
(f)
(Added and amended
References in Text
The Arms Export Control Act, referred to in subsec. (e), is
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1992—Subsec. (c).
1989—Subsec. (e).
§2350e. NATO Airborne Warning and Control System (AWACS) program: authority of Secretary of Defense
(a)
(1) Waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Control System (AWACS) program office:
(A) Auditing.
(B) Quality assurance.
(C) Codification.
(D) Inspection.
(E) Contract administration.
(F) Acceptance testing.
(G) Certification services.
(H) Planning, programming, and management services.
(2) Waive any surcharge for administrative services otherwise chargeable.
(3) In connection with that Program, assume contingent liability for—
(A) program losses resulting from the gross negligence of any contracting officer of the United States;
(B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and
(C) the United States share of the unfunded termination liability.
(b)
(c)
(1) the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme, signed by the Secretary of Defense on December 6, 1978;
(2) the Memorandum of Understanding for Operations and Support of the NATO Airborne Early Warning and Control Force, signed by the United States Ambassador to NATO on September 26, 1984;
(3) the Addendum to the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme (dated December 6, 1978) relating to the modernization of the NATO Airborne Early Warning and Control (NAEW&C) System, dated December 7, 1990; and
(4) any other follow-on support agreement for the NATO E–3A Cooperative Programme.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1993—Subsec. (d).
1991—Subsec. (c)(3), (4).
Subsec. (d).
§2350f. Procurement of communications support and related supplies and services
(a) As an alternative means of obtaining communications support and related supplies and services, the Secretary of Defense, subject to the approval of the Secretary of State, may enter into a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organizations, under which, in return for being provided communications support and related supplies and services, the United States would agree to provide to the allied country or countries or allied international organization or allied international organizations, as the case may be, an equivalent value of communications support and related supplies and services. The term of an arrangement entered into under this subsection may not exceed five years.
(b)(1) Any arrangement entered into under this section shall require that any accrued credits and liabilities resulting from an unequal exchange of communications support and related supplies and services during the term of such arrangement would be liquidated by direct payment to the party having provided the greater amount of communications support and related supplies and services. Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liquidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.
(2) Parties to an arrangement entered into under this section shall annually reconcile accrued credits and liabilities accruing under such agreement. Any liability of the United States resulting from a reconciliation shall be charged against the applicable appropriation available to the Department of Defense (at the time of the reconciliation) for obligation for communications support and related supplies and services.
(3) Payments received by the United States shall be credited to the appropriation from which such communications support and related supplies and services have been provided.
(c) The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of all documents evidencing an arrangement entered into under subsection (a) not later than 45 days after entering into such an arrangement.
(d) In this section:
(1) The term "allied country" means—
(A) a country that is a member of the North Atlantic Treaty Organization;
(B) Australia, New Zealand, Japan, or the Republic of Korea; or
(C) any other country designated as an allied country for purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
(2) The term "allied international organization" means the North Atlantic Treaty Organization (NATO) or any other international organization designated as an allied international organization for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
(Added
Amendments
1999—Subsec. (c).
1996—Subsec. (c).
1990—Subsec. (d)(1)(A).
1989—
Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(1)(C), (2).
1987—Subsec. (d).
§2350g. Authority to accept use of real property, services, and supplies from foreign countries in connection with mutual defense agreements and occupational arrangements
(a)
(1) real property or the use of real property and services and supplies for the United States or for the use of the United States in accordance with a mutual defense agreement or occupational arrangement; and
(2) services furnished as reciprocal international courtesies or as services customarily made available without charge.
(b)
(c)
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1999—Subsecs. (b) to (d).
"(1) Not later than 30 days after the end of each quarter of each fiscal year, the Secretary of Defense shall submit to Congress a report on property, services, and supplies accepted by the Secretary under this section during the preceding quarter. The Secretary shall include in each such report a description of all property, services, and supplies having a value of more than $1,000,000.
"(2) In computing the value of any property, services, and supplies referred to in paragraph (1), the Secretary shall aggregate the value of—
"(A) similar items of property, services, and supplies accepted by the Secretary during the quarter concerned; and
"(B) components which, if assembled, would comprise all or a substantial part of an item of equipment or a facility."
1993—Subsec. (d).
§2350h. Memorandums of agreement: Department of Defense ombudsman for foreign signatories
The Secretary of Defense shall designate an official to act as ombudsman within the Department of Defense on behalf of foreign governments who are parties to memorandums of agreement with the United States concerning acquisition matters under the jurisdiction of the Secretary of Defense. The official so designated shall assist officials of those foreign governments in understanding and complying with procedures and requirements of the Department of Defense (and, as appropriate, other departments and agencies of the United States) insofar as they relate to any such memorandum of agreement.
(Added
Deadline for Designation of Ombudsman
Section 1452(b) of
§2350i. Foreign contributions for cooperative projects
(a)
(b)
(1) Payments to contractors and other suppliers (including the Department of Defense and other participants acting as suppliers) for necessary articles and services.
(2) Payments for any damages and costs resulting from the performance or cancellation of any contract or other obligation.
(3) Payments or reimbursements of other program expenses, including program office overhead and administrative costs.
(4) Refunds to other participants.
(c)
(1) The term "cooperative project" means a jointly managed arrangement, described in a written cooperative agreement entered into by the participants, that—
(A) is undertaken by the participants in order to improve the conventional defense capabilities of the participants; and
(B) provides for—
(i) one or more participants (other than the United States) to share with the United States the cost of research and development, testing, evaluation, or joint production (including follow-on support) of defense articles;
(ii) the United States and another participant concurrently to produce in the United States and the country of such other participant a defense article jointly developed in a cooperative project described in clause (i); or
(iii) the United States to procure a defense article or a defense service from another participant in the cooperative project.
(2) The term "defense article" has the meaning given such term in section 47(3) of the Arms Export Control Act (
(3) The term "defense service" has the meaning given such term in section 47(4) of the Arms Export Control Act (
(Added
§2350j. Burden sharing contributions by designated countries and regional organizations
(a)
(b)
(c)
(1) Compensation for local national employees of the Department of Defense.
(2) Military construction projects of the Department of Defense.
(3) Supplies and services of the Department of Defense.
(d)
(1) by the Secretary of Defense to carry out a military construction project that is consistent with the purposes for which the contributions were made and is not otherwise authorized by law; or
(2) by the Secretary of a military department, with the approval of the Secretary of Defense, to carry out such a project.
(e)
(A) an explanation of the need for the project;
(B) the then current estimate of the cost of the project; and
(C) a justification for carrying out the project under that subsection.
(2) The Secretary of Defense or the Secretary of a military department may not commence a military construction project under subsection (d) until the end of the 21-day period beginning on the date on which the Secretary of Defense submits the report under paragraph (1) regarding the project.
(3)(A) A military construction project under subsection (d) may be carried out without regard to the requirement in paragraph (1) and the limitation in paragraph (2) if the project is necessary to support the armed forces in the country or region in which the project is carried out by reason of a declaration of war, or a declaration by the President of a national emergency pursuant to the National Emergencies Act (
(B) When a decision is made to carry out a military construction project under subparagraph (A), the Secretary of Defense shall submit to the congressional committees specified in subsection (g)—
(i) a notice of the decision; and
(ii) a statement of the current estimated cost of the project, including the cost of any real property transaction in connection with the project.
(f)
(1) the amount of the contributions accepted by the Secretary during the preceding fiscal year under subsection (a) and the purposes for which the contributions were made; and
(2) the amount of the contributions expended by the Secretary during the preceding fiscal year and the purposes for which the contributions were expended.
(g)
(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(Added
References in Text
The National Emergencies Act, referred to in subsec. (e)(3), is
Codification
Section, as added by
Amendments
1999—Subsec. (e)(3).
Subsec. (g).
Subsec. (g)(2).
1996—Subsec. (b).
"(1) merged with the appropriations to which they are credited; and
"(2) available for the same time period as those appropriations."
Subsec. (d).
Subsec. (e)(1).
Subsec. (g).
1994—Subsec. (a).
Subsec. (f).
§2350k. Relocation within host nation of elements of armed forces overseas
(a)
(b)
(1) Design and construction services, including development and review of statements of work, master plans and designs, acquisition of construction, and supervision and administration of contracts relating thereto.
(2) Transportation and movement services, including packing, unpacking, storage, and transportation.
(3) Communications services, including installation and deinstallation of communications equipment, transmission of messages and data, and rental of transmission capability.
(4) Supply and administration, including acquisition of expendable office supplies, rental of office space, budgeting and accounting services, auditing services, secretarial services, and translation services.
(5) Personnel costs, including salary, allowances and overhead of employees whether full-time or part-time, temporary or permanent (except for military personnel), and travel and temporary duty costs.
(6) All other clearly identifiable expenses directly related to relocation.
(c)
(1) Irrevocable letter of credit issued by a financial institution acceptable to the Treasurer of the United States.
(2) Drawing rights on a commercial bank account established and funded by the host nation, which account is blocked such that funds deposited cannot be withdrawn except by or with the approval of the United States.
(3) Cash, which shall be deposited in a separate trust fund in the United States Treasury pending expenditure and which shall accrue interest in accordance with
(d)
(1) the amount of the contributions accepted by the Secretary during the preceding fiscal year under subsection (a) and the purposes for which the contributions were made; and
(2) the amount of the contributions expended by the Secretary during the preceding fiscal year and the purposes for which the contributions were expended.
(Added
Effective Date
Section 1332(b) of
CHAPTER 139 —RESEARCH AND DEVELOPMENT
Amendments
1999—
1996—
1994—
1993—
1992—
1991—
1990—
1989—
1988—
1987—
1986—
1985—
1982—
1981—
1979—
1962—
1958—
Cross References
Amount of fee on cost-plus-a-fixed-fee contract for developmental or research work, see
Employment of non-citizens, laws relating to not applicable to research and development activities, see
Naval contracts for research, see
§2351. Availability of appropriations
(a) Funds appropriated to the Department of Defense for research and development remain available for obligation for a period of two consecutive years.
(b) Funds appropriated to the Department of Defense for research and development may be used—
(1) for the purposes of
(2) for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Department of Defense.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2361 | 31:649c(2). | Aug. 10, 1956, ch. 1041, §40(2), |
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.
1988 Act
Subsection (a) is based on
Subsection (b) is based on
Prior Provisions
A prior section 2351, act Aug. 10, 1956, ch. 1041,
Amendments
1988—
[§2352. Repealed. Pub. L. 104–106, div. A, title X, §1062(c)(1), Feb. 10, 1996, 110 Stat. 444 ]
Section, acts Aug. 10, 1956, ch. 1041,
§2353. Contracts: acquisition, construction, or furnishing of test facilities and equipment
(a) A contract of a military department for research or development, or both, may provide for the acquisition or construction by, or furnishing to, the contractor, of research, developmental, or test facilities and equipment that the Secretary of the military department concerned determines to be necessary for the performance of the contract. The facilities and equipment, and specialized housing for them, may be acquired or constructed at the expense of the United States, and may be lent or leased to the contractor with or without reimbursement, or may be sold to him at fair value. This subsection does not authorize new construction or improvements having general utility.
(b) Facilities that would not be readily removable or separable without unreasonable expense or unreasonable loss of value may not be installed or constructed under this section on property not owned by the United States, unless the contract contains—
(1) a provision for reimbursing the United States for the fair value of the facilities at the completion or termination of the contract or within a reasonable time thereafter;
(2) an option in the United States to acquire the underlying land; or
(3) an alternative provision that the Secretary concerned considers to be adequate to protect the interests of the United States in the facilities.
(c) Proceeds of sales or reimbursements under this section shall be paid into the Treasury as miscellaneous receipts, except to the extent otherwise authorized by law with respect to property acquired by the contractor.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2353(a) | 5:235e (1st sentence; and 2d sentence, less 2d and last provisos). 5:475j (1st sentence; and 2d sentence, less 2d and last provisos). |
July 16, 1952, ch. 882, §4 (less 3d and last sentences), |
5:628e (1st sentence; and 2d sentence, less 2d and last provisos). | ||
2353(b) | 5:235e (2d proviso of 2d sentence). | |
5:475j (2d proviso of 2d sentence). | ||
5:628e (2d proviso of 2d sentence). | ||
2353(c) | 5:235e (last proviso of 2d sentence). | |
5:475j (last proviso of 2d sentence). | ||
5:628e (last proviso of 2d sentence). |
In subsection (a), the words "furnished to" and "for the use thereof" are omitted as surplusage.
In subsections (a) and (b), the words "United States" are substituted for the word "Government".
In subsection (b), the introductory clause is substituted for 5:235e (words of 2d proviso before clause (1)), 475j, and 628e. The words "that * * * considers" are substituted for the words "as will in the opinion". The words "an alternative" are substituted for the words "such other".
In subsection (c), the words "Proceeds of" are substituted for the words "That all moneys arising from".
Use of Research and Development Funds for Test Facilities and Equipment
Cross References
Delegation of authority, see
Section Referred to in Other Sections
This section is referred to in
§2354. Contracts: indemnification provisions
(a) With the approval of the Secretary of the military department concerned, any contract of a military department for research or development, or both, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not compensated by insurance or otherwise:
(1) Claims (including reasonable expenses of litigation or settlement) by third persons, including employees of the contractor, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous.
(2) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous.
(b) A contract, made under subsection (a), that provides for indemnification must also provide for—
(1) notice to the United States of any claim or suit against the contractor for the death, bodily injury, or loss of or damage to property; and
(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.
(c) No payment may be made under subsection (a) unless the Secretary of the department concerned, or an officer or official of his department designated by him, certifies that the amount is just and reasonable.
(d) Upon approval by the Secretary concerned, payments under subsection (a) may be made from—
(1) funds obligated for the performance of the contract concerned;
(2) funds available for research or development, or both, and not otherwise obligated; or
(3) funds appropriated for those payments.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2354(a) | 5:235f (1st sentence, less provisos). 5:475k (1st sentence, less provisos). |
July 16, 1952, ch. 882, §5, |
5:628f (1st sentence, less provisos). | ||
2354(b) | 5:235f (1st proviso of 1st sentence). | |
5:475k (1st proviso of 1st sentence). | ||
5:628f (1st proviso of 1st sentence). | ||
2354(c) | 5:235f (last proviso of 1st sentence). | |
5:475k (last proviso of 1st sentence). | ||
5:628f (last proviso of 1st sentence). | ||
2354(d) | 5:235f (less 1st sentence). | |
5:475k (less 1st sentence). | ||
5:628f (less 1st sentence). |
In subsection (a), the words "Liability on account of", and "of such claims" are omitted as surplusage. In clauses (1) and (2), the word "from" is substituted for the words "arising as a result of".
In subsections (a) and (b), the words "United States" are substituted for the word "Government".
In subsection (b), the words "made under subsection (a), that provides for indemnification" are substituted for the words "so providing * * * with respect to any alleged liability for such death". The words "appropriate" and "or actions filed * * * or made" are omitted as surplusage.
In subsection (c), the words "by the Government", "authority of", and "for such purpose" are omitted as surplusage.
In subsection (d), the words "by the Congress" and "the making of" are omitted as surplusage. The words "or both" are inserted to conform to subsection (a).
Cross References
Delegation of authority, see
Section Referred to in Other Sections
This section is referred to in
[§2355. Repealed. Pub. L. 103–355, title II, §2002(a), Oct. 13, 1994, 108 Stat. 3303 ]
Section, act Aug. 10, 1956, ch. 1041,
[§2356. Repealed. Pub. L. 104–106, div. A, title VIII, §802(a), Feb. 10, 1996, 110 Stat. 390 ]
Section, acts Aug. 10, 1956, ch. 1041,
[§2357. Repealed. Pub. L. 101–510, div. A, title XIII, §1301(11), Nov. 5, 1990, 104 Stat. 1668 ]
Section, act Aug. 10, 1956, ch. 1041,
§2358. Research and development projects
(a)
(1) are necessary to the responsibilities of such Secretary's department in the field of research and development; and
(2) either—
(A) relate to weapon systems and other military needs; or
(B) are of potential interest to the Department of Defense.
(b)
(1) by contract, cooperative agreement, or grant, in accordance with
(2) through one or more military departments;
(3) by using employees and consultants of the Department of Defense; or
(4) by mutual agreement with the head of any other department or agency of the Federal Government.
(c)
(d)
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2358 | 5:171c(b)(2), (3). | July 26, 1947, ch. 343, §203(b)(2), (3); added Aug. 6, 1958, |
1988 Act
In the existing text of
Subsection (b) is based on
Amendments
1996—Subsec. (d).
1994—
1993—
"(a)
"(1) by contract with, or by grant to, educational or research institutions, private businesses, or other agencies of the United States;
"(2) through one or more of the military departments; or
"(3) by using employees and consultants of the Department of Defense.
"(b)
1988—
1981—Par. (1).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Pilot Programs for Revitalizing Laboratories and Test and Evaluation Centers of Department of Defense
"(a)
"(2) Under the pilot program, the Secretary of Defense shall provide the director of one science and technology laboratory, and the director of one test and evaluation laboratory, of each military department with authority for the following:
"(A) To ensure that the laboratories selected can attract a workforce appropriately balanced between permanent and temporary personnel and among workers with an appropriate level of skills and experience and that those laboratories can effectively compete in hiring to obtain the finest scientific talent.
"(B) To develop or expand innovative methods of operation that provide more defense research for each dollar of cost, including carrying out initiatives such as focusing on the performance of core functions and adopting more business-like practices.
"(C) To waive any restrictions not required by law that apply to the demonstration and implementation of methods for achieving the objectives set forth in subparagraphs (A) and (B).
"(3) In selecting the laboratories for participation in the pilot program, the Secretary shall consider laboratories where innovative management techniques have been demonstrated, particularly as documented under
"(4) The Secretary may carry out the pilot program at each selected laboratory for a period of three years beginning not later than March 1, 2000.
"(b)
"(A) Each laboratory selected for the pilot program.
"(B) To the extent possible, a description of the innovative concepts that are to be tested at each laboratory.
"(C) The criteria to be used for measuring the success of each concept to be tested.
"(2) Promptly after the expiration of the period for participation of a laboratory in the pilot program, the Secretary of Defense shall submit to Congress a final report on the participation of that laboratory in the pilot program. The report shall include the following:
"(A) A description of the concepts tested.
"(B) The results of the testing.
"(C) The lessons learned.
"(D) Any proposal for legislation that the Secretary recommends on the basis of the experience at that laboratory under the pilot program."
"(a)
"(2) Under the pilot program, the Secretary of Defense shall provide the director of one science and technology laboratory, and the director of one test and evaluation center, of each military department with authority for the following:
"(A) To explore innovative methods for quickly, efficiently, and fairly entering into cooperative relationships with universities and other private sector entities with respect to the performance of research and development functions.
"(B) To waive any restrictions on the demonstration and implementation of such methods that are not required by law.
"(C) To develop or expand innovative methods of operation that provide more defense research for each dollar of cost, including to carry out such initiatives as focusing on the performance of core functions and adopting more business-like practices.
"(3) In selecting the laboratories and centers for participation in the pilot program, the Secretary shall consider laboratories and centers where innovative management techniques have been demonstrated, particularly as documented under
"(4) The Secretary may carry out the pilot program at each selected laboratory and center for a period of three years beginning not later than March 1, 1999.
"(b)
"(A) Each laboratory and center selected for the pilot program.
"(B) To the extent possible, a description of the innovative concepts that are to be tested at each laboratory or center.
"(C) The criteria to be used for measuring the success of each concept to be tested.
"(2) Promptly after the expiration of the period for participation of a laboratory or center in the pilot program, the Secretary of Defense shall submit to Congress a final report on the participation of the laboratory or center in the pilot program. The report shall contain the following:
"(A) A description of the concepts tested.
"(B) The results of the testing.
"(C) The lessons learned.
"(D) Any proposal for legislation that the Secretary recommends on the basis of the experience at the laboratory or center under the pilot program.
"(c)
Defense Experimental Program To Stimulate Competitive Research
"(a)
"(b)
"(1) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is competitive under the peer-review systems used for awarding Federal research assistance.
"(2) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research.
"(c)
"(1) Competitive award of research grants.
"(2) Competitive award of financial assistance for graduate students.
"(d)
"(2) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall designate a State as an eligible State if, as determined by the Under Secretary—
"(A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1/50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and
"(B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs at institutions of higher education in the State.
"(e)
"(2) All solicitations under the Defense Experimental Program to Stimulate Competitive Research shall be made to, and all awards shall be made through, the State committees established for purposes of the Experimental Program to Stimulate Competitive Research conducted by the National Science Foundation.
"(3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Experimental Program to Stimulate Competitive Research are coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research.
"(f)
Inclusion of Women and Minorities in Clinical Research Projects
Section 252 of
"(a)
"(1) women who are members of the Armed Forces are included as subjects in each project of such research; and
"(2) members of minority groups who are members of the Armed Forces are included as subjects of such research.
"(b)
"(1) is inappropriate with respect to the health of the subjects;
"(2) is inappropriate with respect to the purpose of the research; or
"(3) is inappropriate under such other circumstances as the Secretary of Defense may designate.
"(c)
University Research Initiative Support Program
Section 802 of
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
Independent Research and Development; Bid and Proposal Costs; Negotiation of Advance Agreements With Contractors; Annual Report to Congress
Relationship of Research Projects or Studies to Military Function or Operation
Herbicides and Defoliation Program; Comprehensive Study and Investigation; Report by January 31, 1972; Transmittal to President and Congress by March 1, 1972
Campuses Barring Military Recruiters; Cessation of Payments; Notification of Secretary of Defense
"(a) No part of the funds appropriated pursuant to this or any other Act for the Department of Defense or any of the Armed Forces may be used at any institution of higher learning if the Secretary of Defense or his designee determines that recruiting personnel of any of the Armed Forces of the United States are being barred by the policy of such institution from the premises of the institution: except in a case where the Secretary of the service concerned certifies to the Congress in writing that a specific course of instruction is not available at any other institution of higher learning and furnishes to the Congress the reasons why such course of instruction is of vital importance to the security of the United States.
"(b) The prohibition made by subsection (a) of this section as it applies to research and development funds shall not apply if the Secretary of Defense or his designee determines that the expenditure is a continuation or a renewal of a previous program with such institution which is likely to make a significant contribution to the defense effort.
"(c) The Secretaries of the military departments shall furnish to the Secretary of Defense or his designee within 60 days after the date of enactment of this Act [Sept. 29, 1972] and each January 31 and June 30 thereafter the names of any institution of higher learning which the Secretaries determine on such dates are affected by the prohibitions contained in this section."
Similar provisions were contained in the following prior authorization acts:
Federal Contract Research Centers; Officers' Compensation; Notification to Congress
Section Referred to in Other Sections
This section is referred to in
[§2359. Repealed. Pub. L. 101–510, div. A, title XIII, §1322(a)(5), Nov. 5, 1990, 104 Stat. 1671 ]
Section, added
§2360. Research and development laboratories: contracts for services of university students
(a) Subject to the availability of appropriations for such purpose, the Secretary of Defense may procure by contract under the authority of this section the temporary or intermittent services of students at institutions of higher learning for the purpose of providing technical support at defense research and development laboratories. Such contracts may be made directly with such students or with nonprofit organizations employing such students.
(b) Students providing services pursuant to a contract made under subsection (a) shall be considered to be employees for the purposes of
(c) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall include definitions for the purposes of this section of the terms "student", "institution of higher learning", and "nonprofit organization".
(Added
§2361. Award of grants and contracts to colleges and universities: requirement of competition
(a) The Secretary of Defense may not make a grant or award a contract to a college or university for the performance of research and development, or for the construction of any research or other facility, unless—
(1) in the case of a grant, the grant is made using competitive procedures; and
(2) in the case of a contract, the contract is awarded in accordance with
(b)(1) A provision of law may not be construed as modifying or superseding the provisions of subsection (a), or as requiring funds to be made available by the Secretary of Defense to a particular college or university by grant or contract, unless that provision of law—
(A) specifically refers to this section;
(B) specifically states that such provision of law modifies or supersedes the provisions of this section; and
(C) specifically identifies the particular college or university involved and states that the grant to be made or the contract to be awarded, as the case may be, pursuant to such provision of law is being made or awarded in contravention of subsection (a).
(2) A grant may not be made, or a contract awarded, pursuant to a provision of law that authorizes or requires the making of the grant, or the awarding of the contract, in a manner that is inconsistent with subsection (a) until—
(A) the Secretary of Defense submits to Congress a notice in writing of the intent to make the grant or award the contract; and
(B) a period of 180 days has elapsed after the date on which the notice is received by Congress.
(Added
Prior Provisions
A prior section 2361 was renumbered
Amendments
1996—Subsec. (c).
"(1) The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such report shall include—
"(A) a list of each college and university that, during the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and
"(B) the cumulative amount of such contracts received during that period by each such college and university.
"(2) Each report under paragraph (1) shall cover the preceding fiscal year and shall be submitted not later than February 1 of the fiscal year after the fiscal year covered by the report."
Subsec. (c)(1).
Subsec. (c)(2).
1994—Subsec. (c).
1993—Subsec. (b)(2).
Subsec. (c).
"(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such report shall include—
"(A) a list of each college and university that, during the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and
"(B) the cumulative amount of such contracts received during that period by each such college and university.
"(2) The reports under paragraph (1) shall cover the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report.
"(3) A report is not required under paragraph (1) for any period beginning after December 31, 1993."
1990—Subsec. (c)(1).
Subsec. (c)(2).
1989—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1993 Amendment
Section 821(b) of
Effective Date of 1989 Amendment
Section 252(b)(2) of
Effective Date
Section 220(c) of
Initial Report on Use of Competitive Procedures in Awarding Contracts
Section 252(c)(2) of
[§2362. Repealed. Pub. L. 103–160, div. A, title VIII, §821(a)(3), Nov. 30, 1993, 107 Stat. 1704 ]
Section, added
[§2363. Repealed. Pub. L. 102–484, div. D, title XLII, §§4224(c), 4271(a)(2), Oct. 23, 1992, 106 Stat. 2683 , 2695]
Section, added
§2364. Coordination and communication of defense research activities
(a)
(1) among the Defense research facilities, combatant commands, and other organizations that are involved in developing for the Department of Defense the technological requirements for new items for use by combat forces; and
(2) among Defense research facilities and other offices, agencies, and bureaus in the Department that are engaged in related technological matters.
(b)
(1) that Defense research facilities are assigned broad mission requirements rather than specific hardware needs;
(2) that appropriate personnel of such facilities are assigned to serve as consultants on component and support system standardization;
(3) that the managers of such facilities have broad latitude to choose research and development projects;
(4) that technology position papers prepared by Defense research facilities are readily available to all combatant commands and to contractors who submit bids or proposals for Department of Defense contracts; and
(5) that, in order to promote increased consideration of technological issues early in the development process, any position paper prepared by a Defense research facility on a technological issue relating to a major weapon system, and any technological assessment made by such facility in the case of such component, is made a part of the records considered for the purpose of making acquisition program decisions.
(c)
(1) The term "Defense research facility" means a Department of Defense facility which performs or contracts for the performance of—
(A) basic research; or
(B) applied research known as exploratory development.
(2) The term "acquisition program decision" has the meaning prescribed by the Secretary of Defense in regulations."
(Added
Amendments
1996—Subsec. (b)(5).
Subsec. (c)(2) to (4).
"(2) The term 'milestone O decision' means the decision made within the Department of Defense that there is a mission need for a new major weapon system and that research and development is to begin to meet such need.
"(3) The term 'milestone I decision' means the decision by an appropriate official of the Department of Defense selecting a new major weapon system concept and a program for demonstration and validation of such concept.
"(4) The term 'milestone II decision' means the decision by an appropriate official of the Department of Defense approving the full-scale development of a new major weapon system."
1987—
Subsec. (b)(5).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Effective Date of 1987 Amendment
Amendment by section 3(1)(A) of
Performance Review Process
Coordination of High-Temperature Superconductivity Research and Development
Section 218(b)(2) of
"(A) coordinate the research and development activities of the Department of Defense relating to high-temperature superconductivity; and
"(B) ensure that such research and development—
"(i) is carried out in coordination with the high-temperature superconductivity research and development activities of the Department of Energy (including the national laboratories of the Department of Energy), the National Science Foundation, the National Institute of Standards and Technology, and the National Aeronautics and Space Administration; and
"(ii) complements rather than duplicates such activities."
Coordination of Research Activities of Department of Defense
Section 234(a), (b) of
"(a)
"(b)
"(1) to ensure that personnel of the Department are currently informed about emerging technology for defense systems; and
"(2) to avoid unnecessary and costly duplication of research staffs and projects."
[§2365. Repealed. Pub. L. 102–484, div. A, title VIII, §821(c)(1), Oct. 23, 1992, 106 Stat. 2460 ]
Section, added
§2366. Major systems and munitions programs: survivability testing and lethality testing required before full-scale production
(a)
(A) a covered system may not proceed beyond low-rate initial production until realistic survivability testing of the system is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection; and
(B) a major munition program or a missile program may not proceed beyond low-rate initial production until realistic lethality testing of the program is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection.
(2) The Secretary of Defense shall provide that a covered product improvement program may not proceed beyond low-rate initial production until—
(A) in the case of a product improvement to a covered system, realistic survivability testing is completed in accordance with this section; and
(B) in the case of a product improvement to a major munitions program or a missile program, realistic lethality testing is completed in accordance with this section.
(b)
(2) The costs of all tests required under that subsection shall be paid from funds available for the system being tested.
(c)
(2) In the case of a covered system (or covered product improvement program for a covered system), the Secretary may waive the application of the survivability and lethality tests of this section to such system or program and instead allow testing of the system or program in combat by firing munitions likely to be encountered in combat at components, subsystems, and subassemblies, together with performing design analyses, modeling and simulation, and analysis of combat data. Such alternative testing may not be carried out in the case of any covered system (or covered product improvement program for a covered system) unless the Secretary certifies to Congress, before the system or program enters engineering and manufacturing development, that the survivability and lethality testing of such system or program otherwise required by this section would be unreasonably expensive and impracticable.
(3) The Secretary shall include with any certification under paragraph (1) or (2) a report explaining how the Secretary plans to evaluate the survivability or the lethality of the system or program and assessing possible alternatives to realistic survivability testing of the system or program.
(4) In time of war or mobilization, the President may suspend the operation of any provision of this section.
(d)
(e)
(1) The term "covered system" means a vehicle, weapon platform, or conventional weapon system—
(A) that includes features designed to provide some degree of protection to users in combat; and
(B) that is a major system within the meaning of that term in
(2) The term "major munitions program" means—
(A) a munition program for which more than 1,000,000 rounds are planned to be acquired; or
(B) a conventional munitions program that is a major system within the meaning of that term in
(3) The term "realistic survivability testing" means, in the case of a covered system (or a covered product improvement program for a covered system), testing for vulnerability of the system in combat by firing munitions likely to be encountered in combat (or munitions with a capability similar to such munitions) at the system configured for combat, with the primary emphasis on testing vulnerability with respect to potential user casualties and taking into equal consideration the susceptibility to attack and combat performance of the system.
(4) The term "realistic lethality testing" means, in the case of a major munitions program or a missile program (or a covered product improvement program for such a program), testing for lethality by firing the munition or missile concerned at appropriate targets configured for combat.
(5) The term "configured for combat", with respect to a weapon system, platform, or vehicle, means loaded or equipped with all dangerous materials (including all flammables and explosives) that would normally be on board in combat.
(6) The term "covered product improvement program" means a program under which—
(A) a modification or upgrade will be made to a covered system which (as determined by the Secretary of Defense) is likely to affect significantly the survivability of such system; or
(B) a modification or upgrade will be made to a major munitions program or a missile program which (as determined by the Secretary of Defense) is likely to affect significantly the lethality of the munition or missile produced under the program.
(7) The term "congressional defense committees" means—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(Added
Codification
Amendments
1999—Subsec. (e)(7)(B).
1996—Subsec. (d).
Subsec. (e)(7).
1994—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
1993—Subsec. (d).
1990—Subsec. (a)(1)(A), (B).
1989—
Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(1)(C).
Subsec. (b)(2), (3).
Subsec. (d).
Subsec. (e)(3) to (8).
1988—Subsec. (a)(2).
1987—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Subsec. (e)(1)(B).
Subsec. (e)(4).
Subsec. (e)(5).
Subsec. (e)(8).
Effective Date of 1988 Amendment
Section 1233(l)(5) of
Effective Date
Section 101(c) [title X, §910(b)] of
"(1) after May 31, 1987, in the case of a decision referred to in subsection (a)(1) or (a)(2) of such section; or
"(2) after the date of the enactment of this Act [Oct. 18, 1986], in the case of a decision referred to in subsection (a)(3) of such section."
Section Referred to in Other Sections
This section is referred to in
§2367. Use of federally funded research and development centers
(a)
(b)
(c)
(A) the head of the agency submits to Congress a report with respect to such center that describes the purpose, mission, and general scope of effort of the center; and
(B) a period of 60 days beginning on the date such report is received by Congress has elapsed.
(2) In this subsection, the term "head of an agency" has the meaning given such term in
(d)
(2) After the close of a fiscal year, and not later than January 1 of the next year, the Secretary shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report setting forth the actual obligations and the actual man-years of effort expended at each federally funded research and development center during that fiscal year.
(Added
Codification
Amendments
1999—Subsec. (d)(2).
1996—Subsec. (d)(2).
1991—Subsec. (d).
Effective Date of 1991 Amendment
Section 256(a)(2) of
"(A) Paragraph (1) of subsection (d) of
"(B) Paragraph (2) of such subsection shall take effect with respect to fiscal year 1992."
GAO Study; Report
Section 101(c) [title X, §912(b), (c)] of
[§2368. Repealed. Pub. L. 102–190, div. A, title VIII, §821(c)(1), Dec. 5, 1991, 105 Stat. 1431 ]
Section, added
[§2369. Repealed. Pub. L. 103–355, title III, §3062(a), Oct. 13, 1994, 108 Stat. 3336 ]
Section, added
[§2370. Repealed. Pub. L. 104–106, div. A, title X, §1061(j)(1), Feb. 10, 1996, 110 Stat. 443 ]
Section, added
§2370a. Medical countermeasures against biowarfare threats: allocation of funding between near-term and other threats
(a)
(1) not more than 80 percent may be obligated and expended for product development, or for research, development, test, or evaluation, of medical countermeasures against near-term validated biowarfare threat agents; and
(2) not more than 20 percent may be obligated or expended for product development, or for research, development, test, or evaluation, of medical countermeasures against mid-term or far-term validated biowarfare threat agents.
(b)
(1) The term "validated biowarfare threat agent" means a biological agent that—
(A) is named in the biological warfare threat list published by the Defense Intelligence Agency; and
(B) is identified as a biowarfare threat by the Deputy Chief of Staff of the Army for Intelligence in accordance with Army regulations applicable to intelligence support for the medical component of the Biological Defense Research Program.
(2) The term "near-term validated biowarfare threat agent" means a validated biowarfare threat agent that has been, or is being, developed or produced for weaponization within 5 years, as assessed and determined by the Defense Intelligence Agency.
(3) The term "mid-term validated biowarfare threat agent" means a validated biowarfare threat agent that is an emerging biowarfare threat, is the object of research by a foreign threat country, and will be ready for weaponization in more than 5 years and less than 10 years, as assessed and determined by the Defense Intelligence Agency.
(4) The term "far-term validated biowarfare threat agent" means a validated biowarfare threat agent that is a future biowarfare threat, is the object of research by a foreign threat country, and could be ready for weaponization in more than 10 years and less than 20 years, as assessed and determined by the Defense Intelligence Agency.
(5) The term "weaponization" means incorporation into usable ordnance or other militarily useful means of delivery.
(Added
§2371. Research projects: transactions other than contracts and grants
(a)
(b)
(c)
(d)
(2) The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Secretary of Defense, to the appropriate account established under subsection (f). Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available.
(e)
(A) to the maximum extent practicable, no cooperative agreement containing a clause under subsection (d) and no transaction entered into under subsection (a) provides for research that duplicates research being conducted under existing programs carried out by the Department of Defense; and
(B) to the extent that the Secretary determines practicable, the funds provided by the Government under a cooperative agreement containing a clause under subsection (d) or a transaction authorized by subsection (a) do not exceed the total amount provided by other parties to the cooperative agreement or other transaction.
(2) A cooperative agreement containing a clause under subsection (d) or a transaction authorized by subsection (a) may be used for a research project when the use of a standard contract, grant, or cooperative agreement for such project is not feasible or appropriate.
(f)
(g)
(h)
(A) cooperative agreements authorized under
(B) transactions authorized by subsection (a).
(2) The report shall include, with respect to the cooperative agreements and other transactions covered by the report, the following:
(A) The technology areas in which research projects were conducted under such agreements or other transactions.
(B) The extent of the cost-sharing among Federal Government and non-Federal sources.
(C) The extent to which the use of the cooperative agreements and other transactions—
(i) has contributed to a broadening of the technology and industrial base available for meeting Department of Defense needs; and
(ii) has fostered within the technology and industrial base new relationships and practices that support the national security of the United States.
(D) The total amount of payments, if any, that were received by the Federal Government during the fiscal year covered by the report pursuant to a clause described in subsection (d) that was included in the cooperative agreements and other transactions, and the amount of such payments, if any, that were credited to each account established under subsection (f).
(i)
(2)(A) Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Department of Defense if the information was submitted to the Department in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by
(B) The information referred to in subparagraph (A) is the following:
(i) A proposal, proposal abstract, and supporting documents.
(ii) A business plan submitted on a confidential basis.
(iii) Technical information submitted on a confidential basis.
(Added
Amendments
1999—Subsec. (h)(1).
1998—Subsec. (i)(2)(A).
1997—Subsec. (i).
1996—Subsec. (b).
Subsec. (e).
Subsec. (f).
Subsec. (h).
"(1) A general description of the cooperative agreement or other transaction (as the case may be), including the technologies for which research is provided for under such agreement or transaction.
"(2) The potential military and, if any, commercial utility of such technologies.
"(3) The reasons for not using a contract or grant to provide support for such research.
"(4) The amount of the payments, if any, that were received by the Federal Government during the fiscal year covered by the report pursuant to a clause included in such cooperative agreement or other transaction pursuant to subsection (d).
"(5) The amount of the payments reported under paragraph (4), if any, that were credited to each account established under subsection (f)."
Subsec. (i).
1994—
1993—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1992—Subsec. (g).
1991—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (d).
Subsec. (e).
Subsec. (f)(5).
Subsec. (g).
1990—Subsec. (f).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Authority of Defense Advanced Research Projects Agency To Carry Out Certain Prototype Projects
Section 845 of
"(a)
"(b)
"(2) To the maximum extent practicable, competitive procedures shall be used when entering into agreements to carry out projects under subsection (a).
"(c)
"(2) The requirement in paragraph (1) shall not apply with respect to a party or entity, or a subordinate element of a party or entity, that has not entered into any other agreement that provides for audit access by a Government entity in the year prior to the date of the agreement.
"(3) The head of the contracting activity that is carrying out the agreement may waive the applicability of the requirement in paragraph (1) to the agreement if the head of the contracting activity determines that it would not be in the public interest to apply the requirement to the agreement. The waiver shall be effective with respect to the agreement only if the head of the contracting activity transmits a notification of the waiver to Congress and the Comptroller General before entering into the agreement. The notification shall include the rationale for the determination.
"(4) The Comptroller General may not examine records pursuant to a clause included in an agreement under paragraph (1) more than three years after the final payment is made by the United States under the agreement.
"(d)
Section Referred to in Other Sections
This section is referred to in
§2371a. Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980
The Secretary of Defense, in carrying out research projects through the Defense Advanced Research Projects Agency, and the Secretary of each military department, in carrying out research projects, may permit the director of any federally funded research and development center to enter into cooperative research and development agreements with any person, any agency or instrumentality of the United States, any unit of State or local government, and any other entity under the authority granted by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (
(Added and amended
Codification
The text of
Amendments
1997—
1996—
Section Referred to in Other Sections
This section is referred to in
§2372. Independent research and development and bid and proposal costs: payments to contractors
(a)
(b)
(c)
(1) A limitation on the allowability of independent research and development and bid and proposal costs to work which the Secretary of Defense determines is of potential interest to the Department of Defense.
(2) For each of fiscal years 1993 through 1995, a limitation in the case of major contractors that the total amount of the independent research and development and bid and proposal costs that are allowable as expenses of the contractor's covered segments may not exceed the contractor's adjusted maximum reimbursement amount.
(3) Implementation of regular methods for transmission—
(A) from the Department of Defense to contractors, in a reasonable manner, of timely and comprehensive information regarding planned or expected Department of Defense future needs; and
(B) from contractors to the Department of Defense, in a reasonable manner, of information regarding progress by the contractor on the contractor's independent research and development programs.
(d)
(1) the total amount of the allowable independent research and development and bid and proposal costs incurred by the contractor during the preceding fiscal year;
(2) 5 percent of the amount referred to in paragraph (1); and
(3) if the projected total amount of the independent research and development and bid and proposal costs incurred by the contractor for such fiscal year is greater than the total amount of the independent research and development and bid and proposal costs incurred by the contractor for the preceding fiscal year, the amount that is determined by multiplying the amount referred to in paragraph (1) by the lesser of—
(A) the percentage by which the projected total amount of such incurred costs for such fiscal year exceeds the total amount of the incurred costs of the contractor for the preceding fiscal year; or
(B) the estimated percentage rate of inflation from the end of the preceding fiscal year to the end of the fiscal year for which the amount of the limitation is being computed.
(e)
(1) is necessary to reimburse such contractor at least to the extent that would have been allowed under regulations as in effect on December 4, 1991; or
(2) is otherwise in the best interest of the Government.
(f)
(g)
(1) Enabling superior performance of future United States weapon systems and components.
(2) Reducing acquisition costs and life-cycle costs of military systems.
(3) Strengthening the defense industrial base and the technology base of the United States.
(4) Enhancing the industrial competitiveness of the United States.
(5) Promoting the development of technologies identified as critical under
(6) Increasing the development and promotion of efficient and effective applications of dual-use technologies.
(7) Providing efficient and effective technologies for achieving such environmental benefits as improved environmental data gathering, environmental cleanup and restoration, pollution reduction in manufacturing, environmental conservation, and environmentally safe management of facilities.
(h)
(i)
(1)
(2)
(Added
Amendments
1996—Subsec. (i)(1).
1993—Subsec. (g)(5).
1992—Subsec. (e)(1).
1991—
Subsec. (d)(2)(B).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date of 1991 Amendment
Section 802(e) of
Regulations
Section 802(b) of
Study by Office of Technology Assessment
Section 802(c) of
§2373. Procurement for experimental purposes
(a)
(b)
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (b).
1994—Subsec. (a).
§2374. Merit-based award of grants for research and development
(a) It is the policy of Congress that an agency named in
(b) A provision of law may not be construed as requiring a new grant to be awarded to a specified non-Federal Government entity unless that provision of law—
(1) specifically refers to this subsection;
(2) specifically identifies the particular non-Federal Government entity involved; and
(3) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in subsection (a).
(c) For purposes of this section, a grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a preceding grant.
(d) This section shall not apply with respect to any grant that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in
(Added
Effective Date
For effective date and applicability of section, see section 10001 of
Section Referred to in Other Sections
This section is referred to in
§2374a. Prizes for advanced technology achievements
(a)
(b)
(c)
(2) No prize competition may result in the award of more than $1,000,000 in cash prizes without the approval of the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(d)
(e)
(1) The military applications of the research, technology, or prototypes for which prizes were awarded.
(2) The total amount of the prizes awarded.
(3) The methods used for solicitation and evaluation of submissions, together with an assessment of the effectiveness of those methods.
(f)
(Added
CHAPTER 140 —PROCUREMENT OF COMMERCIAL ITEMS
Amendments
1997—
Chapter Referred to in Other Sections
This chapter is referred to in title 42 sections 14713, 14715, 14732.
§2375. Relationship of commercial item provisions to other provisions of law
(a)
(b)
(c)
(Added
References in Text
Section 34 of the Office of Federal Procurement Policy Act, referred to in subsec. (b), is classified to
Amendments
1997—Subsec. (c).
Effective Date
For effective date and applicability of chapter, see section 10001 of
§2376. Definitions
In this chapter:
(1) The terms "commercial item", "nondevelopmental item", "component", and "commercial component" have the meanings provided in section 4 of the Office of Federal Procurement Policy Act.
(2) The term "head of an agency" means the Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration.
(3) The term "agency" means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.
(Added
References in Text
Section 4 of the Office of Federal Procurement Policy Act, referred to in par. (1), is classified to
§2377. Preference for acquisition of commercial items
(a)
(1) requirements of the agency with respect to a procurement of supplies or services are stated in terms of—
(A) functions to be performed;
(B) performance required; or
(C) essential physical characteristics;
(2) such requirements are defined so that commercial items or, to the extent that commercial items suitable to meet the agency's needs are not available, nondevelopmental items other than commercial items, may be procured to fulfill such requirements; and
(3) offerors of commercial items and nondevelopmental items other than commercial items are provided an opportunity to compete in any procurement to fill such requirements.
(b)
(1) acquire commercial items or nondevelopmental items other than commercial items to meet the needs of the agency;
(2) require prime contractors and subcontractors at all levels under the agency contracts to incorporate commercial items or nondevelopmental items other than commercial items as components of items supplied to the agency;
(3) modify requirements in appropriate cases to ensure that the requirements can be met by commercial items or, to the extent that commercial items suitable to meet the agency's needs are not available, nondevelopmental items other than commercial items;
(4) state specifications in terms that enable and encourage bidders and offerors to supply commercial items or, to the extent that commercial items suitable to meet the agency's needs are not available, nondevelopmental items other than commercial items in response to the agency solicitations;
(5) revise the agency's procurement policies, practices, and procedures not required by law to reduce any impediments in those policies, practices, and procedures to the acquisition of commercial items; and
(6) require training of appropriate personnel in the acquisition of commercial items.
(c)
(A) before developing new specifications for a procurement by that agency; and
(B) before soliciting bids or proposals for a contract in excess of the simplified acquisition threshold.
(2) The head of an agency shall use the results of market research to determine whether there are commercial items or, to the extent that commercial items suitable to meet the agency's needs are not available, nondevelopmental items other than commercial items available that—
(A) meet the agency's requirements;
(B) could be modified to meet the agency's requirements; or
(C) could meet the agency's requirements if those requirements were modified to a reasonable extent.
(3) In conducting market research, the head of an agency should not require potential sources to submit more than the minimum information that is necessary to make the determinations required in paragraph (2).
(Added
Section Referred to in Other Sections
This section is referred to in title 15 section 205l.
§2378. Procurement of copier paper containing specified percentages of post-consumer recycled content
(a)
(2) The percentage of post-consumer recycled content of paper required under paragraph (1) is as follows:
(A) 20 percent as of January 1, 1998.
(B) 30 percent as of January 1, 1999.
(C) 50 percent as of January 1, 2004.
(b)
(1) The cost of procuring copying machine paper satisfying the applicable requirement significantly exceeds the cost of procuring copying machine paper containing a percentage of post-consumer recycled content that does not meet such requirement. The Secretary concerned shall establish the cost differential to be applied under this paragraph.
(2) Copying machine paper containing a percentage of post-consumer recycled content meeting such requirement is not reasonably available within a reasonable period of time.
(3) Copying machine paper containing a percentage of post-consumer recycled content meeting such requirement does not meet performance standards of the department or agency for copying machine paper.
(c)
(2) The Secretary shall submit to Congress written notice of any determination made under paragraph (1) and the reasons for the determination. The Secretary shall submit such notice, if at all, not later than January 1, 2003.
(d)
(Added
CHAPTER 141 —MISCELLANEOUS PROCUREMENT PROVISIONS
Amendments
1999—
1997—
1996—
1994—
1993—
1992—
1990—
1989—
1988—
1987—
1986—
1985—
1984—
1983—
1982—
1981—
1980—
1977—
1966—
1958—
Cross References
Procurement—
Generally, see
Navy, see
§2381. Contracts: regulations for bids
(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 205 of the Federal Property and Administrative Services Act of 1949 (
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2381(a) 2381(b) |
5:218 (1st sentence, less 1st 16 words; and 2d sentence). 5:218 (less 1st and 2d sentences). |
Apr. 10, 1878, ch. 58, |
2381(c) | 5:218 (1st 16 words of 1st sentence) [applicability of 5:218 extended to Navy by 5:412b and 41:161 (1st sentence)]. | Feb. 19, 1948, ch. 65, §12 (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
1994—Subsec. (a).
"(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).
Cross References
Contracts for national defense, see
Procurement procedures, see
[§2382. Repealed. Pub. L. 103–355, title II, §2102(a), Oct. 13, 1994, 108 Stat. 3309 ]
Section, acts Aug. 10, 1956, ch. 1041,
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
[§2383. Repealed. Pub. L. 104–106, div. A, title VIII, §803(a), Feb. 10, 1996, 110 Stat. 390 ]
Section, added
§2384. Supplies: identification of supplier and sources
(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 (
(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 (
(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.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2384 | 10:1207. 34:583. |
R.S. 3731. |
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".
Codification
Amendments
1996—Subsec. (b)(2).
Subsec. (b)(3).
1994—Subsec. (b)(2).
"(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).
1986—Subsec. (b).
1984—
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1986 Amendment
Section 101(c) [title X, §928(b)] of
Effective Date of 1984 Amendment
Section 1231(b) of
§2384a. Supplies: economic order quantities
(a)(1) An agency referred to in
(2) The Secretary of Defense shall take paragraph (1) into account in approving rates of obligation of appropriations under
(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.
(Added
Effective Date
Section 1233(b) of
§2385. Arms and ammunition: immunity from taxation
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.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2385 | 5:171w. | Jan. 6, 1951, ch. 1213, subch. VII, §706, |
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.
Cross References
Machine guns and other firearms, exemptions from taxes, see
Sales to Defense Department of firearms, ammunition, etc., as exempt from taxation, see
§2386. Copyrights, patents, designs, etc.; acquisition
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.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2386 | 31:649b. | Aug. 1, 1953, ch. 305, §609, |
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).
1994—Pars. (3), (4).
"(3) Designs, processes, and manufacturing data.
"(4) Releases, before suit is brought, for past infringement of patents or copyrights."
1960—
§2387. Procurement of table and kitchen equipment for officers' quarters: limitation on
(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.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2387(a) | 5:174e (less words within parentheses). | July 13, 1955, ch. 358, §614, |
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.
§2388. Liquid fuels and natural gas: contracts for storage, handling, or distribution
(a)
(b)
(c)
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2388(a) 2388(b) |
50:98i (1st sentence). 50:98i (2d sentence). |
Aug. 3, 1956, ch. 939, §416, |
2388(c) | 50:98i (less 1st and 2d sentences and proviso of last sentence). | |
2388(d) | 50:98i (proviso of last sentence). |
In subsection (b), the words "section applies only" are substituted for the words "authority is limited". The word "standards" is substituted for the word "criteria".
In subsection (c), the words "A contract under this section" are substituted for the words "Such contracts". The last 33 words are substituted for 50:98i (28 words before proviso of last sentence).
1982 Act
In 10:2388(c), the title 31 citation is substituted on authority of
Amendments
1994—Subsec. (a).
1993—
Subsecs. (a), (b).
"(a) The Secretary of a military department may contract for the storage, handling, and distribution of liquid fuels for periods of not more than five years, with options to renew for additional periods of not more than five years each, but not for more than a total of 20 years.
"(b) This section applies only to facilities that conform to standards prescribed by the Secretary of Defense for protection, including dispersal, and that are in a program approved by the Secretary of Defense for the protection of petroleum facilities."
Subsec. (c).
1990—Subsec. (d).
1984—Subsec. (c).
1982—Subsec. (c).
Effective Date of 1982 Amendment
Amendment by
Purchases of Gasohol as Fuel for Motor Vehicles
[§2389. Repealed. Pub. L. 103–160, div. A, title VIII, §821(a)(4), Nov. 30, 1993, 107 Stat. 1704 ]
Section, added
§2390. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense
(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.
(Added
Prior Provisions
A prior section 2390, added
Amendments
1989—
1987—Subsec. (a)(2).
§2391. Military base reuse studies and community planning assistance
(a)
(b)
(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 significantly reduced operations of a defense facility, 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, cancellation, termination, or failure will have a direct and significant adverse impact on a 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.
(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)
(d)
(1) 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.
(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)
(Added
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (a), is
Amendments
1999—Subsec. (c).
1997—Subsec. (b)(5)(C).
1996—Subsec. (b)(5).
Subsec. (c).
1994—Subsec. (b)(5) to (7).
Subsec. (b)(8).
Subsec. (d)(3).
1993—Subsec. (b)(1).
Subsec. (b)(6), (7).
1992—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4), (5).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1991—Subsec. (b)(3).
1990—Subsec. (b)(3) to (6).
"(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).
Subsec. (b)(4) to (6).
1987—Subsec. (d).
1983—Subsec. (b)(2).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 2702 of title XXVII of div. B of
Effective Date of 1983 Amendment
Section 808 of
Advance Adjustment Planning
Section 4301(d) of
Effect of 1992 Amendments on Efforts of Economic Development Administration
Section 4301(f) of
Pilot Project To Improve Economic Adjustment Planning
Section 4302 of
Donation of Real Property to Nonprofit Entities Providing Support to Children With Life-Threatening Diseases
"(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
"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)
"(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)
"(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 (
"(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 [
"SEC. 4004. CONTINUATION OF ECONOMIC ADJUSTMENT COMMITTEE
"(a)
"(b)
"(c)
"(d)
"(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, §825, Sept. 23, 1996, 110 Stat. 2611 .]
"SEC. 4102. ECONOMIC ADJUSTMENT PLANNING ASSISTANCE THROUGH THE DEPARTMENT OF DEFENSE
"(a)
"(b) [Amended
"SEC. 4103. COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION
"(a)
"(b)
"TITLE XLII—ADJUSTMENT ASSISTANCE FOR EMPLOYEES
"[SEC. 4201. Repealed. Pub. L. 104–201, div. A, title VIII, §825, Sept. 23, 1996, 110 Stat. 2611 .]
"SEC. 4202. DEFENSE CONVERSION ADJUSTMENT PROGRAM
"[Enacted
"SEC. 4203. AUTHORIZATION OF APPROPRIATIONS
"(a)
"(b)
"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 [
"SEC. 4302. ECONOMIC PLANNING ASSISTANCE FOR EXCEPTIONAL PROJECTS
"(a)
"(b)
"SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN DEFENSE PRODUCTION
"(a)
"(1)
"(2)
"(3)
"(A) was substantially and seriously affected by defense budget reductions; and
"(B) is in transition from defense to nondefense production.
"(b)
"(1) has been substantially and seriously affected by defense budget reductions; and
"(2) is in transition from defense to nondefense production.
"(c)
"(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)
"(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)
"(b)
Commission on Alternative Utilization of Military Facilities
Section 2819 of
Submission Date for First Report
Section 912(c) of
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 (
(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.
(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.
(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, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(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, and communities;
(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; and,
(m) Develop ways to streamline property disposal procedures to enable Defense-impacted communities to acquire base property to generate jobs as military activities diminish.
(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) Chairman, Council of Economic Advisers;
(16) Director of the Office of Management and Budget;
(17) Director of the Office of Personnel Management;
(18) Director of the United States Arms Control and Disarmament Agency;
(19) Administrator of the Environmental Protection Agency;
(20) Director of the Federal Emergency Management Agency;
(21) Administrator of General Services;
(22) Administrator of the Small Business Administration; and,
(23) Postmaster General.
(b) Chairman. The Secretaries of Defense, Commerce, and Labor shall rotate, on a yearly basis, as chairman of the Committee.
(c) Vice Chairman. The Assistant Secretary of Defense who oversees the Department of Defense's Office of Economic Adjustment shall serve as vice chairman of the Committee. The vice chairman shall 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.
(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.
(b) This order shall be effective immediately and shall supersede Executive Order No. 12049.
George Bush.
[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see
§2392. Prohibition on use of funds to relieve economic dislocations
(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.
(Added
Contracts Made by Defense Logistics Agency; Payments of Price Differentials To Relieve Economic Dislocations; Test Program; Interim Reports
"(a) The Secretary of Defense should conduct a test program during fiscal years 1983, 1984, and 1985 in accordance with this subsection to test the effect of exempting certain contracts of the Department of Defense from the provisions of
"(1) that the awarding of such contract will not adversely affect the national security of the United States;
"(2) that there is a reasonable expectation that bids will be received from a sufficient number of responsible bidders so that the award of such contract will be made at reasonable cost to the United States;
"(3) that the price differential to be paid under such contract will not exceed 2.2 percent; and
"(4) the value of such contract, when added to the cumulative value of all other contracts awarded under the test program authorized by this section, will not exceed $4,000,000,000.
"(b) Not later than April 15, 1983, April 15, 1984, and April 15, 1985 the President shall submit a report to Congress on the implementation and results to that date of the test program authorized by subsection (a). The report shall include an assessment of the costs and benefits of the test program."
[Amendment of subsecs. (a) and (b) by
Similar provisions were contained in the following prior authorization act:
1982—Dec. 1, 1981,
§2393. Prohibition against doing business with certain offerors or contractors
(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 (
(Added
Amendments
1994—Subsec. (d).
1991—Subsec. (d).
1990—Subsec. (d).
1987—Subsec. (c).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Section Referred to in Other Sections
This section is referred to in
§2394. Contracts for energy or fuel for military installations
(a) Subject to subsection (b), the Secretary of a military department may enter into contracts for periods of up to 30 years—
(1) under
(2) for the provision and operation of energy production facilities on real property under the Secretary's jurisdiction or on private property and the purchase of energy produced from such facilities.
(b) A contract may be made under subsection (a) only after the approval of the proposed contract by the Secretary of Defense.
(c) The costs of contracts under this section for any year may be paid from annual appropriations for that year.
(Added
Codification
Another section 2394 was renumbered
Amendments
1990—Subsec. (b).
"(1) after the approval of the proposed contract by the Secretary of Defense; and
"(2) after the Committees on Armed Services and on Appropriations of the Senate and House of Representatives have been notified of the terms of the proposed contract, including the dollar amount of the contract and the amount of energy or fuel to be delivered to the Government under the contract".
1987—Subsec. (c).
1982—Subsec. (a).
Subsecs. (c), (d).
Effective Date
Section effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of
§2394a. Procurement of energy systems using renewable forms of energy
(a) In procuring energy systems the Secretary of a military department shall procure systems that use solar energy or other renewable forms of energy whenever the Secretary determines that such procurement is possible and will be cost effective, reliable, and otherwise suited to supplying the energy needs of the military department under his jurisdiction.
(b) The Secretary of Defense shall from time to time study uses for solar energy and other renewable forms of energy to determine what uses of such forms of energy may be cost effective and reliable in supplying the energy needs of the Department of Defense. The Secretary of Defense, based upon the results of such studies, shall from time to time issue policy guidelines to be followed by the Secretaries of the military departments in carrying out subsection (a) and
(c)(1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system using such a form of energy, and (B) the original investment cost of the energy system not using such a form of energy can be recovered over the expected life of the system.
(2) A determination under paragraph (1) concerning whether a cost-differential can be recovered over the expected life of a system shall be made using the life-cycle cost methods and procedures established pursuant to section 544(a) of the National Energy Conservation Policy Act (
(Added
Amendments
1991—Subsec. (c)(2).
1990—Subsec. (b).
Subsec. (c)(2), (3).
"(2) A determination under paragraph (1) of whether a cost-differential can be recovered over the expected life of a system shall be made using accepted life-cycle costing procedures and shall include—
"(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system using solar energy or other renewable forms of energy, and not using such a form of energy, over the expected life of the system or during a period of 25 years, whichever is shorter;
"(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and
"(C) the use of a discount rate of 7 percent per year for all expenses of the energy system.
"(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the energy system using solar energy or other renewable forms of energy shall be reduced by 10 percent to reflect an allowance for an investment cost credit."
1984—
Submission Date for First Report
Section 801(a)(3) of
§2395. Availability of appropriations for procurement of technical military equipment and supplies
Funds appropriated to the Department of Defense for the procurement of technical military equipment and supplies remain available until spent.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2394 | 31:649c(1). | Aug. 10, 1956, ch. 1041, §40(1), |
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".
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2395 | 10:2394. | Sept. 13, 1982, |
This redesignates 10:2394 (enacted by
Codification
Another section 2395 was renumbered
Amendments
1982—
§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
(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 Transportation 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.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2395(a) | 31:529i. | July 13, 1955, ch. 358, §602, |
2395(b) | 31:529j. | Oct. 19, 1965, |
In subsection (a), the words "On and after July 13, 1955" are omitted as executed. The words "An advance" are substituted for "
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 responsibility" because of 14:3 and 49:1655(b)(1) and (2). The words "disbursing official" are substituted for "cashiers, disbursing officers" for consistency with other titles of the United States Code and to eliminate unnecessary words.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2396 | 10:2395. | Sept. 13, 1982, |
This redesignates 10:2395 as 10:2396 because of the redesignation of 10:2394 (enacted by
Amendments
1997—
Subsec. (a)(4).
1982—Subsec. (b)(2)(C).
[§§2397 to 2397c. Repealed. Pub. L. 104–106, div. D, title XLIII, §4304(b)(1), Feb. 10, 1996, 110 Stat. 664 ]
Section 2397, added
Section 2397a, added
Section 2397b, added
Section 2397c, added
The subject matter of former
Effective Date of Repeal
For effective date and applicability of repeal, see section 4401 of
§2398. Procurement of gasohol as motor vehicle fuel
(a)
(b)
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2398 | 10:2388 (note). | Nov. 9, 1979, |
The word "prescribed" is substituted for "determined" because it is more appropriate. The word "Secretary" is substituted for "Department of Defense" because the responsibility is in the head of the agency. The word "shall" is substituted for "is authorized and directed" for clarity.
References in Text
Executive Order Number 12661, referred to in subsec. (a), is set out under
Section 4081 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to
Amendments
1996—Subsec. (a).
Subsec. (b).
Subsec. (c).
1991—
Effective Date of 1991 Amendment
Section 841(b) of
Report on Exemptions and Sense of Congress Regarding Purchase of Domestic Gasohol
For requirement that Secretary of Defense review all exemptions granted for Department of Defense to requirements of this section, terminate any exemption determined to be no longer appropriate, and submit to Congress report on results of review not later than 90 days after Dec. 5, 1991, with justification for exemptions that remain in effect, and for sense of Congress that Department of Defense vehicles be refueled with alcohol-gasoline blend containing at least 10 percent domestically produced alcohol if available along normal travel route of vehicle at same or lower price than unleaded gasoline, see section 841(c) and (d) of
§2399. Operational test and evaluation of defense acquisition programs
(a)
(2) In this subsection, the term "major defense acquisition program" means—
(A) a conventional weapons system that is a major system within the meaning of that term in
(B) is designed for use in combat.
(b)
(2) The Director shall analyze the results of the operational test and evaluation conducted for each major defense acquisition program. At the conclusion of such testing, the Director shall prepare a report stating the opinion of the Director as to—
(A) whether the test and evaluation performed were adequate; and
(B) whether the results of such test and evaluation confirm that the items or components actually tested are effective and suitable for combat.
(3) The Director shall submit each report under paragraph (2) to the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the congressional defense committees. Each such report shall be submitted to those committees in precisely the same form and with precisely the same content as the report originally was submitted to the Secretary and Under Secretary and shall be accompanied by such comments as the Secretary may wish to make on the report.
(4) A final decision within the Department of Defense to proceed with a major defense acquisition program beyond low-rate initial production may not be made until the Director has submitted to the Secretary of Defense the report with respect to that program under paragraph (2) and the congressional defense committees have received that report.
(5) In this subsection, the term "major defense acquisition program" has the meaning given that term in
(c)
(1) the Director of Operational Test and Evaluation of the Department of Defense, in the case of a new system that is a major defense acquisition program (as defined in
(2) the operational test and evaluation agency of the military department concerned, in the case of a new system that is not a major defense acquisition program.
(d)
(e)
(2) The Director may waive the limitation under paragraph (1) in any case if the Director determines in writing that sufficient steps have been taken to ensure the impartiality of the contractor in providing the services. The Inspector General of the Department of Defense shall review each such waiver and shall include in the Inspector General's semi-annual report an assessment of those waivers made since the last such report.
(3)(A) A contractor that has participated in (or is participating in) the development, production, or testing of a system for a military department or Defense Agency (or for another contractor of the Department of Defense) may not be involved (in any way) in the establishment of criteria for data collection, performance assessment, or evaluation activities for the operational test and evaluation.
(B) The limitation in subparagraph (A) does not apply to a contractor that has participated in such development, production, or testing solely in testing for the Federal Government.
(f)
(g)
(h)
(1) The term "operational test and evaluation" has the meaning given that term in
(A) computer modeling;
(B) simulation; or
(C) an analysis of system requirements, engineering proposals, design specifications, or any other information contained in program documents.
(2) The term "congressional defense committees" means—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(Added
Prior Provisions
A prior section 2399, added
Amendments
1999—Subsec. (b)(3).
Subsec. (h)(2)(B).
1996—Subsec. (h)(2).
1994—Subsecs. (b)(5), (c)(1).
Subsec. (e)(3)(B).
Subsec. (g).
Subsec. (h)(1).
1993—Subsec. (b)(3).
1992—Subsec. (e)(3).
Assessment of Risk in Concurrent Development of Major Defense Acquisition Systems
Section 801 of
"(a)
"(1) determining the degree of concurrency that is appropriate for the development of major defense acquisition systems; and
"(2) assessing the degree of risk associated with various degrees of concurrency.
"(b)
"(c)
"(2) The report shall include consideration of the following matters with respect to each such program:
"(A) The degree of confidence in the enemy threat assessment for establishing the system's requirements.
"(B) The type of contract involved.
"(C) The degree of stability in program funding.
"(D) The level of maturity of technology involved in the system.
"(E) The availability of adequate test assets, including facilities and ranges.
"(F) The plans for transition from development to production.
"(d)
"(e)
Section Referred to in Other Sections
This section is referred to in
§2400. Low-rate initial production of new systems
(a)
(A) when the milestone II decision with respect to that system is made; and
(B) by the official of the Department of Defense who makes that decision.
(2) In this section, the term "milestone II decision" means the decision to approve the engineering and manufacturing development of a major system by the official of the Department of Defense designated to have the authority to make that decision.
(3) Any increase from a quantity determined under paragraph (1) may only be made with the approval of the official making the determination.
(4) The quantity of articles of a major system that may be procured for low-rate initial production may not be less than one operationally configured production unit unless another quantity is established at the milestone II decision.
(5) The Secretary of Defense shall include a statement of the quantity determined under paragraph (1) in the first SAR submitted with respect to the program concerned after that quantity is determined. If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone II decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity. For purposes of this paragraph, the term "SAR" means a Selected Acquisition Report submitted under
(b)
(1) to provide production-configured or representative articles for operational tests pursuant to
(2) to establish an initial production base for the system; and
(3) to permit an orderly increase in the production rate for the system sufficient to lead to full-rate production upon the successful completion of operational testing.
(c)
(Added
Prior Provisions
A prior section 2400 was renumbered
Amendments
1996—Subsec. (a)(5).
Subsec. (c).
"(A) an explanation of the rate and quantity prescribed for low-rate initial production and the considerations in establishing that rate and quantity;
"(B) a test and evaluation master plan for that program; and
"(C) an acquisition strategy for that program that has been approved by the Secretary, to include the procurement objectives in terms of total quantity of articles to be procured and annual production rates."
1994—Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (a)(5).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by section 4321(b)(13) of
§2401. Requirement for authorization by law of certain contracts relating to vessels and aircraft
(a)(1) The Secretary of a military department may make a contract for the lease of a vessel or aircraft or for the provision of a service through use by a contractor of a vessel or aircraft only as provided in subsection (b) if—
(A) the contract will be a long-term lease or charter; or
(B) the terms of the contract provide for a substantial termination liability on the part of the United States.
(2) The Secretary of a military department may make a contract that is an agreement to lease or charter or an agreement to provide services and that is (or will be) accompanied by a contract for the actual lease, charter, or provision of services only as provided in subsection (b) if the contract for the actual lease, charter, or provision of services is (or will be) a contract described in paragraph (1).
(b)(1) The Secretary may make a contract described in subsection (a)(1) if—
(A) the Secretary has been specifically authorized by law to make the contract;
(B) before a solicitation for proposals for the contract was issued the Secretary notified the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committees on Appropriations of the House of Representatives of the Secretary's intention to issue such a solicitation; and
(C) the Secretary has notified those committees of the proposed contract and provided a detailed description of the terms of the proposed contract and a justification for entering into the proposed contract rather than providing for the lease, charter, or services involved through purchase of the vessel or aircraft to be used under the contract, and a period of 30 days of continuous session of Congress has expired following the date on which notice was received by such committees.
(2) For purposes of paragraph (1)(C), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in a computation of such 30-day period.
(c)(1) Funds may not be appropriated for any fiscal year to or for any armed force or obligated or expended for—
(A) the long-term lease or charter of any aircraft or naval vessel; or
(B) for the lease or charter of any aircraft or naval vessel the terms of which provide for a substantial termination liability on the part of the United States,
unless funds for that purpose have been specifically authorized by law.
(2) Funds appropriated to the Department of Defense may not be used to indemnify any person under the terms of a contract entered into under this section—
(A) for any amount paid or due by any person to the United States for any liability arising under the Internal Revenue Code of 1986; or
(B) to pay any attorneys' fees in connection with such contract.
(d)(1)(A) In this section, the term "long-term lease or charter" (except as provided in subparagraph (B)) means a lease, charter, service contract, or conditional sale agreement—
(i) the term of which is for a period of five years or longer or more than one-half the useful life of the vessel or aircraft; or
(ii) the initial term of which is for a period of less than five years but which contains an option to renew or extend the agreement for a period which, when added to the initial term (or any previous renewal or extension), is five years or longer.
Such term includes the extension or renewal of a lease or charter agreement if the term of the extension or renewal thereof is for a period of five years or longer or if the term of the lease or charter agreement being extended or renewed was for a period of five years or longer.
(B) In the case of an agreement under which the lessor first places the property in service under the agreement or the property has been in service for less than one year and there is allowable to the lessor or charterer an investment tax credit or depreciation for the property leased, chartered, or otherwise provided under the agreement under section 168 of the Internal Revenue Code of 1986 (unless the lessor or charterer has elected depreciation on a straightline method for such property), the term "long-term lease or charter" means a lease, charter, service contract, or conditional sale agreement—
(i) the term of which is for a period of three years or longer; or
(ii) the initial term of which is for a period of less than three years but which contains an option to renew or extend the agreement for a period which, when added to the initial term (or any previous renewal or extension), is three years or longer.
Such term includes the extension or renewal of a lease or charter agreement if the term of the extension or renewal thereof is for a period of three years or longer or if the term of the lease or charter agreement being extended or renewed was for a period of three years or longer.
(2) For the purposes of this section, the United States shall be considered to have a substantial termination liability under a contract—
(A) if there is an agreement by the United States under the contract to pay an amount not less than the amount equal to 25 percent of the value of the vessel or aircraft under lease or charter, calculated on the basis of the present value of the termination liability of the United States under such charter or lease (as determined under regulations prescribed by the Secretary of Defense); or
(B) if (as determined under regulations prescribed by the Secretary of Defense) the sum of—
(i) the present value of the amount of the termination liability of the United States under the contract as of the end of the term of the contract (exclusive of any option to extend the contract); and
(ii) the present value of the total of the payments to be made by the United States under the contract (excluding any option to extend the contract) attributable to capital-hire,
is more than one-half the price of the vessel or aircraft involved.
(e)(1) Whenever a request is submitted to Congress for the authorization of the long-term lease or charter of aircraft or naval vessels or for the authorization of a lease or charter of aircraft or naval vessels which provides for a substantial termination liability on the part of the United States, the Secretary of Defense shall submit with that request an analysis of the cost to the United States (including lost tax revenues) of any such lease or charter arrangement compared with the cost to the United States of direct procurement of the aircraft or naval vessels by the United States.
(2) Any such analysis shall be reviewed and evaluated by the Director of the Office of Management and Budget and the Secretary of the Treasury within 30 days after the date on which the request and analysis are submitted to Congress. The Director and Secretary shall conduct such review and evaluation on the basis of the guidelines issued pursuant to subsection (f) and shall report to Congress in writing on the results of their review and evaluation at the earliest practicable date, but in no event more than 45 days after the date on which the request and analysis are submitted to the Congress.
(3) Whenever a request is submitted to Congress for the authorization of funds for the Department of Defense for the long-term lease or charter of aircraft or naval vessels authorized under this section, the Secretary of Defense—
(A) shall indicate in the request what portion of the requested funds is attributable to capital-hire; and
(B) shall reflect such portion in the appropriate procurement account in the request.
(f) The Director of the Office of Management and Budget and the Secretary of the Treasury shall jointly issue guidelines for determining under what circumstances the Department of Defense may use lease or charter arrangements for aircraft and naval vessels rather than directly procuring such aircraft and vessels.
(Added
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (c)(2)(A), (d)(1)(B), is classified generally to Title 26, Internal Revenue Code. Section 168 of the Internal Revenue Code of 1986 is classified to
Amendments
1999—Subsec. (b)(1)(B).
1996—Subsec. (b)(1)(B).
Subsec. (b)(1)(C).
Subsec. (c)(2).
1993—Subsec. (c)(2)(A).
1987—Subsec. (d)(1)(B).
1984—Subsec. (c).
Subsec. (f).
Effective Date
Section 1202(a)(3) of
Long-Term Lease or Charter Authority for Certain Double-Hull Tankers and Oceanographic Vessels
"(a)
"(b)
"(1) A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that lease or charter or that kind of vessel lease or charter.
"(2) A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that lease or charter, or that kind of lease or charter, for that fiscal year.
"(3) A statement that such a commitment given under paragraph (2) does not constitute an obligation of the United States.
"(c)
"(d)
Limitation on Use of Funds for Contracts for Lease or Charter of Any Vessel, Aircraft, or Vehicles
Issuance of Guidelines
Section 1232(a)(2) of
Limitation on Funds Available to Department of Defense To Enter Into Contracts During Fiscal Year 1984
Section 1202(d) of
Limitation on Use of Funds Appropriated Pursuant to Authorizations Contained in Department of Defense Authorization Act, 1984
Section 1202(b) of
"(1) for any amount paid or due by any person to the United States for any liability arising under the Internal Revenue Code of 1986 [Title 26, Internal Revenue Code]; or
"(2) to pay any attorneys' fees in connection with such contract."
Section Referred to in Other Sections
This section is referred to in
§2401a. Lease of vehicles, equipment, vessels, and aircraft
(a)
(b)
(Added
Prior Provisions
Provisions similar to those in subsec. (b) were contained in
A prior section 2401a was renumbered
Amendments
1997—Subsec. (a).
1996—
Multi-Year Aircraft Lease Pilot Program
"(a) The Secretary of the Air Force may establish a multi-year pilot program for leasing aircraft for operational support purposes, including transportation for the combatant Commanders in Chief, on such terms and conditions as the Secretary may deem appropriate, consistent with this section.
"(b)
"(c) Under the aircraft lease Pilot Program authorized by this section:
"(1) The Secretary may include terms and conditions in lease agreements that are customary in aircraft leases by a non-Government lessor to a non-Government lessee.
"(2) The term of any individual lease agreement into which the Secretary enters under this section shall not exceed 10 years.
"(3) The Secretary may provide for special payments to a lessor if either the Secretary terminates or cancels the lease prior to the expiration of its term or aircraft are damaged or destroyed prior to the expiration of the term of the lease. Such special payments shall not exceed an amount equal to the value of one year's lease payment under the lease. The amount of special payments shall be subject to negotiation between the Air Force and lessors.
"(4) Notwithstanding any other provision of law, any payments required under a lease under this section, and any payments made pursuant to subsection (3) above may be made from:
"(A) appropriations available for the performance of the lease at the time the lease takes effect;
"(B) appropriations for the operation and maintenance available at the time which the payment is due; and
"(C) funds appropriated for those payments.
"(5) The Secretary may lease aircraft, on such terms and conditions as the Secretary may deem appropriate, consistent with this section, through an operating lease consistent with OMB Circular A–11.
"(6) The Secretary may exchange or sell existing aircraft and apply the exchange allowance or sale proceeds in whole or in part toward the cost of leasing replacement aircraft under this section.
"(7) Lease arrangements authorized by this section may not commence until:
"(A) The Secretary submits a report to the congressional defense committees [Committees on Armed Services and Subcommittees on Defense of the Committees on Appropriations of the Senate and the House of Representatives] outlining the plans for implementing the Pilot Program. The report shall describe the terms and conditions of proposed contracts and the savings in operations and support costs expected to be derived from retiring older aircraft as compared to the expected cost of leasing newer replacement aircraft.
"(B) A period of not less than 30 calendar days has elapsed after submitting the report.
"(8) Not later than 1 year after the date on which the first aircraft is delivered under this Pilot Program, and yearly thereafter on the anniversary of the first delivery, the Secretary shall submit a report to the congressional defense committees describing the status of the Pilot Program. The Report will be based on at least 6 months of experience in operating the Pilot Program.
"(9) No lease of operational support aircraft may be entered into under this section after September 30, 2004.
"(d) The authority granted to the Secretary of the Air Force by this section is separate from and in addition to, and shall not be construed to impair or otherwise affect, the authority of the Secretary to procure transportation or enter into leases under a provision of law other than this section.
"(e) The authority provided under this section may be used to lease not more than a total of six aircraft for the purposes of providing operational support."
Lease of Firefighting, Crash Rescue, and Snow Removal Equipment
"(a) The Secretary of the Army and the Secretary of the Air Force may each enter into one or more multiyear leases of nontactical firefighting equipment, nontactical crash rescue equipment, or nontactical snow removal equipment. The period of a lease entered into under this section shall be for any period not in excess of 10 years. Any such lease shall provide that performance under the lease during the second and subsequent years of the contract is contingent upon the appropriation of funds and shall provide for a cancellation payment to be made to the lessor if such appropriations are not made.
"(b) Lease payments made under subsection (a) shall be made from amounts provided in this or future appropriations Acts.
"(c) This section is effective for all fiscal years beginning after September 30, 1998."
Pilot Program for Leasing Commercial Utility Cargo Vehicles
Section 807(c) of
"(1) The Secretary of the Army may conduct a pilot program for leasing commercial utility cargo vehicles in accordance with this subsection.
"(2) Under the pilot program—
"(A) the Secretary may trade existing commercial utility cargo vehicles of the Army for credit against the costs of leasing new replacement commercial utility cargo vehicles for the Army;
"(B) the quantities and trade-in value of commercial utility cargo vehicles to be traded in shall be subject to negotiation between the Secretary and the lessors of the new replacement commercial utility cargo vehicles;
"(C) the lease agreement for a new commercial utility cargo vehicle may be executed with or without an option to purchase at the end of the lease period;
"(D) the lease period for a new commercial utility cargo vehicle may not exceed the warranty period for the vehicle; and
"(E) up to 40 percent of the validated requirement for commercial utility cargo vehicles may be satisfied by leasing such vehicles, except that one or more options for satisfying the remainder of the validated requirement may be provided for and exercised (subject to the requirements of paragraph (6)).
"(3) In awarding contracts under the pilot program, the Secretary shall comply with
"(4) The pilot program may not be commenced until—
"(A) the Secretary submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that contains the plans of the Secretary for implementing the program and that sets forth in detail the savings in operating and support costs expected to be derived from retiring older commercial utility cargo vehicles, as compared to the expected costs of leasing newer commercial utility cargo vehicles; and
"(B) a period of 30 calendar days has elapsed after submission of such report.
"(5) Not later than one year after the date on which the first lease under the pilot program is entered into, the Secretary of the Army shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the pilot program. Such report shall be based on at least six months of experience in operating the pilot program.
"(6) The Secretary may exercise an option provided for under paragraph (2) only after a period of 60 days has elapsed after the submission of the report.
"(7) No lease of commercial utility cargo vehicles may be entered into under the pilot program after September 30, 2000."
§2402. Prohibition of contractors limiting subcontractor sales directly to the United States
(a) Each contract for the purchase of supplies or services made by the Department of Defense shall provide that the contractor will not—
(1) enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or
(2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1).
(b) This section does not prohibit a contractor from asserting rights it otherwise has under law.
(c) This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (
(d)(1) An agreement between the contractor in a contract for the acquisition of commercial items and a subcontractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the United States in violation of the provision included in such contract pursuant to subsection (a) if the agreement does not result in the United States being treated differently with regard to the restriction than any other prospective purchaser of such commercial items from that subcontractor.
(2) In paragraph (1), the term "commercial item" has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (
(Added
Amendments
1994—Subsecs. (c), (d).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date
Section 1234(c) of
[§2403. Repealed. Pub. L. 105–85, div. A, title VIII, §847(a), Nov. 18, 1997, 111 Stat. 1845 ]
Section, added
§2404. Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority
(a)
(1) that market conditions for the defined fuel source have adversely affected (or will in the near future adversely affect) the acquisition of that defined fuel source by the Department of Defense; and
(2) the waiver will expedite or facilitate the acquisition of that defined fuel source for Government needs.
(b)
(c)
(d)
(e)
(f)
(1) Petroleum.
(2) Natural gas.
(3) Coal.
(4) Coke.
(Added
Amendments
1999—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (f).
1993—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1990—Subsecs. (d), (e).
1987—Subsec. (e).
[§2405. Repealed. Pub. L. 105–85, div. A, title VIII, §810(a)(1), Nov. 18, 1997, 111 Stat. 1839 ]
Section, added
Effective Date of Repeal
Section 810(b) of
"(1) Except as provided in paragraph (2), the repeal made by subsection (a) [repealing this section] shall be effective with respect to claims, requests for equitable adjustment, and demands for payment under shipbuilding contracts that have been or are submitted before, on, or after the date of the enactment of this Act [Nov. 18, 1997].
"(2)
"(A) a contracting officer denied the claim, request, or demand, and the period for appealing the decision to a court or board under the Contract Disputes Act of 1978 [
"(B) a court or board of contract appeals considering the claim, request, or demand (including any appeal of a decision of a contracting officer to deny the claim, request, or demand) denied or dismissed the claim, request, or demand (or the appeal), and the action of the court or board became final and unappealable before such date; or
"(C) the contractor released or releases the claim, request, or demand."
[§2406. Repealed. Pub. L. 103–355, title II, §2201(b)(1), Oct. 13, 1994, 108 Stat. 3318 ]
Section, added
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
[§2407. Renumbered §2350b]
NATO Cooperative Logistic Support Agreements
Section 1102 of
NATO Cooperative Research and Development
Section 1103 of
Authority of Secretary of Defense in Connection With NATO AWACS Program
§2408. Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors
(a)
(A) Working in a management or supervisory capacity on any defense contract or any first tier subcontract of a defense contract.
(B) Serving on the board of directors of any defense contractor or any subcontractor awarded a contract directly by a defense contractor.
(C) Serving as a consultant to any defense contractor or any subcontractor awarded a contract directly by a defense contractor.
(D) Being involved in any other way, as determined under regulations prescribed by the Secretary of Defense, with a defense contract or first tier subcontract of a defense contract.
(2) Except as provided in paragraph (3), the prohibition in paragraph (1) shall apply for a period, as determined by the Secretary of Defense, of not less than five years after the date of the conviction.
(3) The prohibition in paragraph (1) may apply with respect to an individual for a period of less than five years if the Secretary determines that the five-year period should be waived in the interests of national security.
(4) The prohibition in paragraph (1) does not apply with respect to the following:
(A) A contract referred to in subparagraph (A), (B), (C), or (D) of such paragraph that is not greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (
(B) A contract referred to in such subparagraph that is for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (
(C) A subcontract referred to in such subparagraph that is under a contract described in subparagraph (A) or (B).
(b)
(1) employing a person under a prohibition under subsection (a); or
(2) allowing such a person to serve on the board of directors of such contractor or subcontractor.
(c)
(2) The procedure for obtaining such information shall be specified in regulations prescribed by the Secretary of Defense under subsection (a).
(Added
Codification
Amendments
1996—Subsec. (a)(3).
1994—Subsec. (a)(4).
Subsec. (a)(4)(B).
Subsec. (a)(4)(C).
1992—Subsec. (c).
1990—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(1)(C).
Subsec. (a)(1)(D).
Subsec. (b).
1988—Subsec. (a).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1988 Amendment
Section 831(b) of
Effective Date
Section 101(c) [title X, §941(c)] of
Deadline for Single Point of Contact
Section 815(b) of
§2409. Contractor employees: protection from reprisal for disclosure of certain information
(a)
(b)
(c)
(A) Order the contractor to take affirmative action to abate the reprisal.
(B) Order the contractor to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.
(C) Order the contractor to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency.
(2) Whenever a person fails to comply with an order issued under paragraph (1), the head of the agency shall file an action for enforcement of such order in the United States district court for a district in which the reprisal was found to have occurred. In any action brought under this paragraph, the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.
(3) Any person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review of the order's conformance with this subsection, and any regulations issued to carry out this section, in the United States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency. Review shall conform to
(d)
(e)
(1) The term "agency" means an agency named in
(2) The term "head of an agency" has the meaning provided by
(3) The term "contract" means a contract awarded by the head of an agency.
(4) The term "contractor" means a person awarded a contract with an agency.
(5) The term "Inspector General" means an Inspector General appointed under the Inspector General Act of 1978.
(Added
References in Text
The Inspector General Act of 1978, referred to in subsec. (e)(5), is
Codification
Amendments
1996—
1994—
1992—Subsec. (d).
1991—Subsec. (d).
Effective Date of 1996 Amendment
Section 4321(a) of
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1992 Amendment
Section 1052(30)(B) of
Effective Date
Section 101(c) [title X, §942(b)] of
[§2409a. Repealed. Pub. L. 103–355, title VI, §6005(b)(1), Oct. 13, 1994, 108 Stat. 3365 ]
Section, added
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
§2410. Requests for equitable adjustment or other relief: certification
(a)
(1) the request is made in good faith, and
(2) the supporting data are accurate and complete to the best of that person's knowledge and belief.
(b)
(1) specifically refers to this subsection; and
(2) specifically states that this subsection does not apply with respect to the payment directed by that provision of law.
(c)
(Added
References in Text
Section 4(11) of the Office of Federal Procurement Policy Act, referred to in subsec. (c), is classified to
Prior Provisions
A prior section, added
Effective Date
For effective date and applicability of section, see section 10001 of
§2410a. Severable service contracts for periods crossing fiscal years
(a)
(b)
(Added
Historical and Revision Notes
Section is based on
Amendments
1997—
1996—
1991—Par. (1).
Par. (4).
§2410b. Contractor inventory accounting systems: standards
(a) The Secretary of Defense shall prescribe in regulations—
(1) standards for inventory accounting systems used by contractors under contract with the Department of Defense; and
(2) appropriate enforcement requirements with respect to such standards.
(b) The regulations prescribed pursuant to subsection (a) shall not apply to a contract that is for an amount not greater than the simplified acquisition threshold.
(c) The regulations prescribed pursuant to subsection (a) shall not apply to a contract for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (
(Added
Amendments
1996—Subsec. (a)(2).
1994—Subsecs. (a), (b).
Subsec. (c).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Regulations
Section 834(b) of
"(1) The Secretary of Defense shall prescribe the regulations required by paragraph (1) of
"(2) The Secretary of Defense shall prescribe the regulations required by paragraph (2) of
§2410c. Preference for energy efficient electric equipment
(a) When cost effective, in establishing a new requirement for electric equipment referred to in subsection (b) and in procuring electric equipment referred to in that subsection, the Secretary of a military department or the head of a Defense Agency, as the case may be, shall provide a preference for the procurement of the most energy efficient electric equipment available that meets the requirement or the need for the procurement, as the case may be.
(b) Subsection (a) applies to the following electric equipment:
(1) Electric lamps.
(2) Electric ballasts.
(3) Electric motors.
(4) Electric refrigeration equipment.
(Added
Codification
Another section 2410c was renumbered
Effective Date of 1992 Amendment
Section 384(a)(2) of
Electric Lighting and Refrigeration Equipment Demonstration Programs
Section 384(b)–(d) of
"(b)
"(2) The Secretary shall designate 50 facilities owned or leased by the Department of Defense for participation in the demonstration program under this subsection.
"(3) The head of each facility designated pursuant to paragraph (2) and the Director of the Defense Logistics Agency shall jointly audit the electric lighting equipment at the facility in order—
"(A) to identify any potential improvements that would increase the energy efficiency of electric lighting at that facility; and
"(B) to determine the costs of, and the savings that would result from, such improvements.
"(4) Except as provided in subsection (d)(4), on the basis of the results of the audit the head of the facility shall promptly convert to the use of electric lighting equipment at the facility that is more energy efficient than the existing electric lighting equipment to the extent that the conversion is cost effective.
"(5) Energy efficient electric lighting equipment used under the demonstration program may include compact fluorescent lamps, energy efficient electric ballasts and fixtures, and other energy efficient electric lighting equipment.
"(c)
"(2) The Secretary shall designate 50 facilities owned or operated by the Department of Defense for participation in the demonstration program under this subsection.
"(3) The head of each facility designated pursuant to paragraph (2) and the Director of the Defense Logistics Agency shall jointly audit the refrigeration equipment at the facility in order—
"(A) to identify any potential improvements that would increase the energy efficiency of the refrigeration equipment at that facility; and
"(B) to determine the costs of, and the savings that would result from, such improvements.
"(4) Except as provided in subsection (d)(4), on the basis of the results of the audit the head of the facility shall promptly convert to the use of refrigeration equipment at the facility that is more energy efficient than the existing refrigeration equipment to the extent that the conversion is cost effective.
"(d)
"(2) The Secretary of Defense may designate a facility described in subsections (b)(2) and (c)(2) for participation in the demonstration program under subsection (b) and the demonstration program under subsection (c).
"(3) The audits required by subsections (b)(3) and (c)(3) shall be completed not later than January 1, 1994.
"(4) The head of a facility may not carry out a conversion described in subsection (b)(4) or (c)(4) if the conversion prevents the head of the facility from carrying out other improvements relating to energy efficiency that are more cost effective than that conversion."
§2410d. Subcontracting plans: credit for certain purchases
(a)
(b)
(1) The term "small business subcontracting plan" means a plan negotiated pursuant to section 8(d) of the Small Business Act (
(2) The term "qualified nonprofit agency for the blind or other severely handicapped" means—
(A) a qualified nonprofit agency for the blind, as defined in section 5(3) of the Javits-Wagner-O'Day Act (
(B) a qualified nonprofit agency for other severely handicapped, as defined in section 5(4) of such Act (
(C) a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Severely Disabled under section 2(c) of such Act (
(Added
Codification
Another section 2410d was renumbered
Amendments
1999—Subsec. (c).
1997—Subsec. (c).
1996—Subsec. (b)(3).
1994—Subsec. (b)(2)(C).
Subsec. (b)(3), (4).
Subsec. (c).
Effective Date of 1997 Amendment
Section 835 of
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date
Section 808(c) of
[§2410e. Repealed. Pub. L. 103–355, title II, §2301(b), Oct. 13, 1994, 108 Stat. 3321 ]
Section, added
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
§2410f. Debarment of persons convicted of fraudulent use of "Made in America" labels
(a) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a "Made in America" inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, not later than 90 days after determining that the person has been so convicted, whether the person should be debarred from contracting with the Department of Defense.
(b) In this section, the term "debar" has the meaning given that term by
(Added
Amendments
1996—Subsec. (a).
Subsec. (b).
Effective Date of 1992 Amendment
Section 834(b) of
Prohibition of Contracts
Similar provisions were contained in the following prior authorization act:
§2410g. Advance notification of contract performance outside the United States
(a)
(2) If a firm submitting a bid or proposal for a Department of Defense contract is required to submit a notification under this subsection, and the firm is aware, at the time it submits its bid or proposal, that the firm intends to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada, the firm shall include the notification in its bid or proposal.
(3) The notification by a firm under paragraph (1) with respect to a first-tier subcontractor shall be made, to the maximum extent practicable, at least 30 days before award of the subcontract.
(b)
(1) in the case of a contract of a military department, to such officer or employee of that military department as the Secretary of the military department may direct; and
(2) in the case of any other Department of Defense contract, to such officer or employee of the Department of Defense as the Secretary of Defense may direct.
(c)
(d)
(1) Commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (
(2) Military construction.
(3) Ores.
(4) Natural gas.
(5) Utilities.
(6) Petroleum products and crudes.
(7) Timber.
(8) Subsistence.
(Added
Amendments
1996—Subsec. (d)(1).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date of 1992 Amendment
Section 840(b) of
§2410h. Acquisition fellowship program
(a)
(b)
(c)
(1) must complete at least 2 years of Federal Government service as an employee in an acquisition position in the Department of Defense; and
(2) must be serving in an acquisition position in the Department of Defense that involves the performance of duties likely to result in significant restrictions under law on the employment activities of that employee after leaving Government service.
(d)
(Added
§2410i. Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel
(a)
(b)
(2) In paragraph (1), the term "foreign entity" means a foreign person, a foreign company, or any other foreign entity.
(c)
(d)
(1) to contracts for consumable supplies, provisions, or services that are intended to be used for the support of United States forces or of allied forces in a foreign country; or
(2) to contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes by the United States Government in the interests of national security or to the acquisition or lease of any such equipment, technology, data, or services by the United States Government in the interests of national security.
(Added
§2410j. Displaced contractor employees: assistance to obtain certification and employment as teachers or employment as teachers' aides
(a)
(1) to assist an eligible scientist or engineer employed by the contractor whose employment is terminated to obtain—
(A) certification or licensure as an elementary or secondary school teacher; or
(B) the credentials necessary to serve as a teacher's aide; and
(2) to facilitate the employment of the scientist or engineer by a local educational agency that—
(A) is receiving a grant under title I of the Elementary and Secondary Education Act of 1965 (
(B) is also experiencing a shortage of teachers or teachers' aides.
(b)
(2) The Secretary shall determine which defense contractors are eligible to participate in the placement program on the basis of applications submitted under subsection (c). The Secretary shall limit participation to those defense contractors or subcontractors that—
(A) produce goods or services for the Department of Defense pursuant to a defense contract or operate nuclear weapons manufacturing facilities for the Department of Energy; and
(B) have recently reduced operations, or are likely to reduce operations, due to the completion or termination of a defense contract or program or by reductions in defense spending.
(3) The Secretary shall give special consideration to defense contractors who are located in areas that have been hit particularly hard by reductions in defense spending.
(c)
(A) Evidence that the contractor has been, or is expected to be, adversely affected by the completion or termination of a defense contract or program or by reductions in defense spending.
(B) An explanation that scientists and engineers employed by the contractor have been terminated, laid off, or retired, or are likely to be terminated, laid off, or retired, as a result of the completion or termination of a defense contract or program or reductions in defense spending.
(C) A description of programs implemented or proposed by the contractor to assist these scientists and engineers.
(D) A commitment to help fund the costs associated with the placement program by paying 50 percent of the stipend provided under subsection (g) to an employee or former employee of the contractor selected to receive assistance under this section.
(2) Once a cooperative agreement is entered into under subsection (a) between the Secretary and the defense contractor, the contractor shall publicize the program and distribute applications to prospective participants, and assist the prospective participants with the State screening process.
(d)
(1) is employed or has been employed for not less than five years as a scientist or engineer with a private defense contractor that has entered into an agreement under subsection (a);
(2) has received—
(A) in the case of an individual applying for assistance for placement as an elementary or secondary school teacher, a baccalaureate or advanced degree from an accredited institution of higher education; or
(B) in the case of an individual applying for assistance for placement as a teacher's aide in an elementary or secondary school, an associate, baccalaureate, or advanced degree from an accredited institution of higher education or a junior or community college; and
(3) has been terminated or laid off (or received notice of termination or lay off) as a result of the completion or termination of a defense contract or program or reductions in defense spending; and
(4) satisfies such other criteria for selection as the Secretary may prescribe.
(e)
(A) have educational, military, or employment experience in science, mathematics, or engineering and agree to seek employment as science, mathematics, or engineering teachers in elementary or secondary schools; or
(B) have educational, military, or employment experience in another subject area identified by the Secretary, in consultation with the Secretary of Education, as important for national educational objectives and agree to seek employment in that subject area in elementary or secondary schools.
(2) The Secretary may not select an individual under this section unless the Secretary has sufficient appropriations to carry out this section available at the time of the selection to satisfy the obligations to be incurred by the United States under this section with respect to that individual.
(f)
(1) to obtain, within such time as the Secretary may require, certification or licensure as an elementary or secondary school teacher or the necessary credentials to serve as a teacher's aide in an elementary or secondary school; and
(2) to accept—
(A) in the case of an individual selected for assistance for placement as a teacher, an offer of full-time employment as an elementary or secondary school teacher for not less than two school years with a local educational agency identified under section 1151(b)(2) 1 of this title, to begin the school year after obtaining that certification or licensure; or
(B) in the case of an individual selected for assistance for placement as a teacher's aide, an offer of full-time employment as a teacher's aide in an elementary or secondary school for not less than two school years with a local educational agency identified under section 1151(b)(3) 1 of this title, to begin the school year after obtaining the necessary credentials.
(g)
(A) $5,000; or
(B) the total costs of the type described in paragraphs (1), (2), (3), (8), and (9) of section 472 of the Higher Education Act of 1965 (
(2) A stipend provided under this section shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (
(h)
(Added
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(A), is
The Higher Education Act of 1965, referred to in subsec. (g)(2), is
Amendments
1996—Subsec. (a)(2)(A).
Subsec. (f)(2)(A), (B).
1994—Subsec. (a)(2)(A).
1993—
Subsec. (f)(2)(A), (B).
Subsec. (f)(2)(B).
Effective Date of 1993 Amendment
Amendment by
Savings Provision
Amendments by section 576 of
1 See References in Text note below.
§2410k. Defense contractors: listing of suitable employment openings with local employment service office
(a)
(b)
(c)
(Added
Amendments
1993—
Effective Date of 1993 Amendment
Amendment by section 202(a)(18)(A) of
Effective Date of 1992 Amendment
Section 4470(b) of
§2410l. Contracts for advisory and assistance services: cost comparison studies
(a)
(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.
(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.
(b)
(Added
Effective Date
Section 363(c) of
Procedures for Conduct of Studies
Section 363(b) of
"(1) Procedures for carrying out a cost comparison study under subsection (a)(2) of
"(2) Procedures for reviewing contracts entered into after a waiver under subsection (b) of such section to determine whether the contract is justified and sufficiently documented."
§2410m. Retention of amounts collected from contractor during the pendency of contract dispute
(a)
(1) any settlement of the claim by the parties;
(2) any judgment rendered in the contractor's favor on an appeal of the decision on that claim to the Armed Services Board of Contract Appeals under section 7 of such Act (
(3) any judgment rendered in the contractor's favor in an action on that claim in a court of the United States.
(b)
(A) expires 180 days after the expiration of the period for bringing an action on that claim in the United States Court of Federal Claims under section 10(a) of the Contract Disputes Act of 1978 (
(i) no appeal on the claim is commenced at the Armed Services Board of Contract Appeals under section 7 of such Act; and
(ii) no action on the claim is commenced in a court of the United States; or
(B) if not expiring under subparagraph (A), expires—
(i) in the case of a settlement of the claim, 180 days after the date of the settlement; or
(ii) in the case of a judgment rendered on the claim in an appeal to the Armed Services Board of Contract Appeals under section 7 of the Contract Disputes Act of 1978 or an action in a court of the United States, 180 days after the date on which the judgment becomes final and not appealable.
(2) While available under this section, an amount may be obligated or expended only for a purpose described in subsection (a).
(3) Upon the expiration of the period of availability of an amount under paragraph (1), the amount shall be covered into the Treasury as miscellaneous receipts.
(c)
(1) The total amount available for obligation.
(2) The total amount collected from contractors during the year preceding the year in which the report is submitted.
(3) The total amount disbursed in such preceding year and a description of the purpose for each disbursement.
(4) The total amount returned to the Treasury in such preceding year.
(Added
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (a), is
CHAPTER 142 —PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM
Amendments
1993—
1992—
1990—
1986—
§2411. Definitions
In this chapter:
(1) The term "eligible entity" means any of the following:
(A) A State.
(B) A local government.
(C) A private, nonprofit organization.
(D) A tribal organization, as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (
(2) The term "distressed area" means—
(A) the area of a unit of local government (or such area excluding the area of any defined political jurisdiction within the area of such unit of local government) that—
(i) has a per capita income of 80 percent or less of the State average; or
(ii) has an unemployment rate that is one percent greater than the national average for the most recent 24-month period for which statistics are available; or
(B) a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 (
(3) The term "Secretary" means the Secretary of Defense acting through the Director of the Defense Logistics Agency.
(4) The terms "State" and "local government" have the meaning given those terms in
(Added
Codification
Amendments
1992—Par. (1)(D).
1991—Par. (1)(D).
1989—Par. (1)(D).
1988—Par. (1)(D).
1987—Par. (1)(D).
Par. (2).
1986—
1985—
"(1) 'Eligible entity' means a State (as defined in
"(2) 'Secretary' means the Secretary of Defense acting through the Director of the Defense Logistics Agency."
Effective Date of 1985 Amendment
Section 919(d) of
Section Referred to in Other Sections
This section is referred to in
§2412. Purposes
The purposes of the program authorized by this chapter are—
(1) to increase assistance by the Department of Defense to eligible entities furnishing procurement technical assistance to business entities; and
(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs.
(Added
Amendments
1985—
Effective Date of 1985 Amendment
Amendment by
§2413. Cooperative agreements
(a) The Secretary, in accordance with the provisions of this chapter, may enter into cooperative agreements with eligible entities to carry out the purposes of this chapter.
(b) Under any such cooperative agreement, the eligible entity shall agree to sponsor programs to furnish procurement technical assistance to business entities and the Secretary shall agree to defray not more than one-half of the eligible entity's cost of furnishing such assistance under such programs, except that in the case of a program sponsored by such an entity that provides services solely in a distressed area, the Secretary may agree to furnish more than one-half, but not more than three-fourths, of such cost with respect to such program.
(c) In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services district during each fiscal year.
(Added
Codification
Amendments
1998—Subsec. (c).
1987—Subsec. (b).
1986—Subsec. (b).
1985—
Effective Date of 1987 Amendment
Section 1233(c)(2) of
Effective Date of 1985 Amendment
Amendment by
§2414. Limitation
(a)
(1) in the case of a program operating on a Statewide basis, other than a program referred to in clause (3) or (4), $300,000;
(2) in the case of a program operating on less than a Statewide basis, other than a program referred to in clause (3) or (4), $150,000;
(3) in the case of a program operated wholly within one service area of the Bureau of Indian Affairs by an eligible entity referred to in
(4) in the case of a program operated wholly within more than one service area of the Bureau of Indian Affairs by an eligible entity referred to in
(b)
(Added
Amendments
1991—Subsec. (b).
1989—Subsec. (a).
"(1) in the case of a program operating on a Statewide basis, $300,000; or
"(2) in the case of a program operating on less than a Statewide basis, $150,000."
Subsec. (b).
1988—
1985—
Effective Date of 1985 Amendment
Amendment by
§2415. Distribution
The Secretary shall allocate funds available for assistance under this chapter equally to each Department of Defense contract administrative services district. If in any such fiscal year there is an insufficient number of satisfactory proposals in a district for cooperative agreements to allow effective use of the funds allocated to that district, the funds remaining with respect to that district shall be reallocated among the remaining districts.
(Added
Amendments
1998—
1987—
1985—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
Subsec. (c).
Effective Date of 1985 Amendment
Amendment by
§2416. Subcontractor information
(a) The Secretary of Defense shall require that any defense contractor in any year shall provide to an eligible entity with which the Secretary has entered into a cooperative agreement under this chapter, on the request of such entity, the information specified in subsection (b).
(b) Information to be provided under subsection (a) is a listing of the name of each appropriate employee of the contractor who has responsibilities with respect to entering into contracts on behalf of such contractor that constitute subcontracts of contracts being performed by such contractor, together with the business address and telephone number and area of responsibility of each such employee.
(c) A defense contractor need not provide information under this section to a particular eligible entity more frequently than once a year.
(d) In this section, the term "defense contractor", for any year, means a person awarded a contract with the Department of Defense in that year for an amount in excess of $500,000.
(Added
Codification
Prior Provisions
A prior section 2416 was renumbered
Effective Date
Section 101(c) [title X, §957(b)] of
§2417. Administrative costs
The Director of the Defense Logistics Agency may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter, an amount not exceeding three percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year.
(Added
Prior Provisions
A prior section 2417 was renumbered
Effective Date
Section 814(b) of
§2418. Authority to provide certain types of technical assistance
(a) The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.
(b) An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992.
(Added
References in Text
The Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (b), is division D of
Prior Provisions
A prior section 2418 was renumbered
§2419. Regulations
The Secretary of Defense shall prescribe regulations to carry out this chapter.
(Added
Codification
Amendments
1992—
1990—
1986—
CHAPTER 143 —PRODUCTION BY MILITARY AGENCIES
Amendments
1989—
1986—
§2421. Plantations and farms: operation, maintenance, and improvement
(a) Appropriations for the subsistence of members of the Army, Navy, Air Force, or Marine Corps are available for expenditures necessary in the operation, maintenance, and improvement of any plantation or farm, outside the United States and under the jurisdiction of the Army, Navy, Air Force, or Marine Corps, as the case may be, for furnishing fresh fruits and vegetables to the armed forces. However, no land may be acquired under this subsection.
(b) Fruits and vegetables produced under subsection (a) that are over the amount furnished or sold to the armed forces or to civilians serving with the armed forces may be sold only outside the United States.
(c) Of the persons employed by the United States under subsection (a), only nationals of the United States are entitled to the benefits provided by laws relating to the employment, work, compensation, or other benefits of civilian employees of the United States.
(d) A plantation or farm covered by subsection (a) shall be operated, maintained, and improved by a private contractor or lessee, so far as practicable. Before using members of the Army, Navy, Air Force, or Marine Corps, as the case may be, the Secretary concerned must make a reasonable effort to make a contract or lease with a person in civil life for his services for that operation, maintenance, or improvement, on terms advantageous to the United States. A determination by the Secretary as to the reasonableness of effort to make a contract or lease, and as to the advantageous nature of its terms, is final.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2421(a) 2421(b) |
10:1213 (less 1st and 2d provisos). 34:555a (less 1st and 2d provisos). 10:1213 (2d proviso). 34:555a (2d proviso). |
June 28, 1944, ch. 306; restated July 1, 1947, ch. 188, |
2421(c) | 10:1213 (1st proviso). | |
34:555a (1st proviso). | ||
2421(d) | 10:1214. | |
34:555b. |
In subsection (a), the word "management", in 10:1213 and 34:555a, is omitted as covered by the word "operation". The word "members" is substituted for the word "personnel". The word "may" is substituted for the word "shall". The words "any and all" and "the purpose of" are omitted as surplusage.
In subsections (a) and (b), the word "continental" is omitted, since
In subsection (b), the words "of the United States" are omitted as surplusage. The words "Fruits and vegetables produced under subsection (a)" are substituted for the words "That surplus production".
In subsection (c), the words "nationals of the United States" are substituted for the words "American nationals". The words "civil-service laws and other * * * of the United States" and "rights * * * or obligations" are omitted as surplusage.
In subsection (d), the words "after the termination of the present war" are omitted as executed. The word "by" is substituted for the words "through the instrumentality of". The words "partnership, association" are omitted as covered by the definition of "person" in
§2422. Bakery and dairy products: procurement outside the United States
(a) The Secretary of Defense may authorize any element of the Department of Defense that procures bakery and dairy products for use by the armed forces outside the United States to procure any products described in subsection (b) through the use of procedures other than competitive procedures.
(b) The products referred to in subsection (a) are bakery or dairy products produced by the Army and Air Force Exchange Service in a facility outside the United States that began operating before July 1, 1986.
(Added
§2423. Laundry and dry cleaning services: procurement from facilities operated by the Navy Resale and Services Support Office
(a)
(b)
(Added
§2424. Procurement of supplies and services from exchange stores outside the United States
(a)
(b)
(2) Supplies provided under a contract entered into under subsection (a) shall be provided from the stocks of the exchange store on hand as of the date the contract is entered into with that exchange store.
(3) A contract entered into with an exchange store under subsection (a) may not provide for the procurement of services not regularly provided by that exchange store.
(c)
(Added
Amendments
1996—Subsec. (c).
1994—Subsec. (c).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Operation of Stars and Stripes Bookstores Overseas by Military Exchanges
Section 353 of
"(a)
"(b)
CHAPTER 144 —MAJOR DEFENSE ACQUISITION PROGRAMS
Amendments
1994—
1993—
1992—
1987—
1986—
§2430. Major defense acquisition program defined
(a) In this chapter, the term "major defense acquisition program" means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and—
(1) that is designated by the Secretary of Defense as a major defense acquisition program; or
(2) that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditure for procurement of more than $1,800,000,000 (based on fiscal year 1990 constant dollars).
(b) The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in subsection (a)(2) on the basis of Department of Defense escalation rates. An adjustment under this subsection shall be effective after the Secretary transmits a written notification of the adjustment to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
(Added
Amendments
1999—Subsec. (b).
1996—Subsec. (b).
1992—
Environmental Consequence Analysis of Major Defense Acquisition Programs
"(a)
"(1) how to achieve the purposes and intent of the National Environmental Policy Act of 1969 (
"(2) how to analyze, as early in the process as feasible, the life-cycle environmental costs for such major defense acquisition programs, including the materials to be used, the mode of operations and maintenance, requirements for demilitarization, and methods of disposal, after consideration of all pollution prevention opportunities and in light of all environmental mitigation measures to which the department expressly commits.
"(b)
"(c)
Efficient Contracting Processes
Contract Administration: Performance Based Contract Management
Defense Acquisition Pilot Program
"(a)
"(b)
"(1) determines (without delegation) that such test would be unreasonably expensive or impractical;
"(2) develops a suitable alternate operational test program for the system concerned;
"(3) describes in the test and evaluation master plan, as approved by the Director of Operational Test and Evaluation, the method of evaluation that will be used to evaluate whether the system will be effective and suitable for combat; and
"(4) submits to the congressional defense committees [Committees on Armed Services and on Appropriations of the Senate and House of Representatives] a report containing the determination that was made under paragraph (1), a justification for that determination, and a copy of the plan required by paragraph (3).
"(c)
"(a)
"(1)
"(2)
"(3)
"(4)
"(A) All contracts directly related to the acquisition or upgrading of commercial-derivative aircraft for use in meeting airlift and tanker requirements and the air vehicle component for airborne warning and control systems.
"(B) For purposes of this paragraph, the term 'commercial-derivative aircraft' means any of the following:
"(i) Any aircraft (including spare parts, support services, support equipment, technical manuals, and data related thereto) that is or was of a type customarily used in the course of normal business operations for other than Federal Government purposes, that has been issued a type certificate by the Administrator of the Federal Aviation Administration, and that has been sold or leased for use in the commercial marketplace or that has been offered for sale or lease for use in the commercial marketplace.
"(ii) Any aircraft that, but for modifications of a type customarily available in the commercial marketplace, or minor modifications made to meet Federal Government requirements, would satisfy or would have satisfied the criteria in subclause (I).
"(iii) For purposes of a potential complement or alternative to the C–17 program, any nondevelopmental airlift aircraft, other than the C–17 or any aircraft derived from the C–17, shall be considered a commercial-derivative aircraft.
"(5)
"(b)
"(2) [Amended section 837 of
"(3) [Amended section 838 of
"(4) Not later than 45 days after the date of the enactment of the Federal Acquisition Streamlining Act of 1994 [Oct. 13, 1994], the Secretary of Defense shall identify for each defense acquisition program participating in the pilot program quantitative measures and goals for reducing acquisition management costs.
"(5) For each defense acquisition program participating in the pilot program, the Secretary of Defense shall establish a review process that provides senior acquisition officials with reports on the minimum necessary data items required to ensure the appropriate expenditure of funds appropriated for the program and that—
"(A) contain essential information on program results at appropriate intervals, including the criteria to be used in measuring the success of the program; and
"(B) reduce data requirements from the current program review reporting requirements.
"(c)
"(1) to apply any amendment or repeal of a provision of law made in this Act [see Tables for classification] to the pilot programs before the effective date of such amendment or repeal [see Effective Date of 1994 Amendment note set out under
"(2) to apply to a procurement of items other than commercial items under such programs—
"(A) any authority provided in this Act (or in an amendment made by a provision of this Act) to waive a provision of law in the case of commercial items, and
"(B) any exception applicable under this Act (or an amendment made by a provision of this Act) in the case of commercial items,
before the effective date of such provision (or amendment) to the extent that the Secretary determines necessary to test the application of such waiver or exception to procurements of items other than commercial items.
"(d)
"(A) a contract that is awarded or modified during the period described in paragraph (2); and
"(B) a contract that is awarded before the beginning of such period and is to be performed (or may be performed), in whole or in part, during such period.
"(2) The period referred to in paragraph (1) is the period that begins 45 days after the date of the enactment of this Act [Oct. 13, 1994] and ends on September 30, 1998.
"(e)
"(1) The Fire Support Combined Arms Tactical Trainer program.
"(2) The Joint Direct Attack Munition program.
"(3) The Joint Primary Aircraft Training System.
"(4) Commercial-derivative aircraft.
"(5) Commercial-derivative engine."
"(a)
"(b)
"(a)
"(b)
"(a)
"(b)
"(2) The Secretary may designate for participation in the pilot program only those defense acquisition programs specifically authorized to be so designated in a law authorizing appropriations for such program enacted after the date of the enactment of this Act [Nov. 5, 1990].
"(c)
"(A) shall conduct the program in accordance with standard commercial, industrial practices; and
"(B) may waive or limit the applicability of any provision of law that is specifically authorized to be waived in the law authorizing appropriations referred to in subsection (b)(2) and that prescribes—
"(i) procedures for the procurement of supplies or services;
"(ii) a preference or requirement for acquisition from any source or class of sources;
"(iii) any requirement related to contractor performance;
"(iv) any cost allowability, cost accounting, or auditing requirements; or
"(v) any requirement for the management of, testing to be performed under, evaluation of, or reporting on a defense acquisition program.
"(2) The waiver authority provided in paragraph (1)(B) does not apply to a provision of law if, as determined by the Secretary—
"(A) a purpose of the provision is to ensure the financial integrity of the conduct of a Federal Government program; or
"(B) the provision relates to the authority of the Inspector General of the Department of Defense.
"(d)
"(e)
"(2) If the Secretary proposes to waive or limit the applicability of any provision of law to a defense acquisition program under the pilot program in accordance with this section, the Secretary shall include in the notification regarding that acquisition program—
"(A) the provision of law proposed to be waived or limited;
"(B) the effects of such provision of law on the acquisition, including specific examples;
"(C) the actions taken to ensure that the waiver or limitation will not reduce the efficiency, integrity, and effectiveness of the acquisition process used for the defense acquisition program; and
"(D) a discussion of the efficiencies or savings, if any, that will result from the waiver or limitation.
"(f)
"(1) The requirements of this section.
"(2) The requirements contained in any law enacted on or after the date of the enactment of this Act [Nov. 5, 1990] if that law designates such defense acquisition program as a participant in the pilot program, except to the extent that a waiver of such requirement is specifically authorized for such defense acquisition program in a law enacted on or after such date.
"(g)
Section Referred to in Other Sections
This section is referred to in
§2431. Weapons development and procurement schedules
(a) The Secretary of Defense shall submit to Congress each calendar year, not later than 45 days after the President submits the budget to Congress under
(b) Any documents required to be submitted under subsection (a) shall include detailed and summarized information with respect to each weapon system covered and shall specifically include each of the following:
(1) The development schedule, including estimated annual costs until development is completed.
(2) The planned procurement schedule, including the best estimate of the Secretary of Defense of the annual costs and units to be procured until procurement is completed.
(3) To the extent required by the second sentence of subsection (a), the result of all operational testing and evaluation up to the time of the submission of the documents, or, if operational testing and evaluation has not been conducted, a statement of the reasons therefor and the results of such other testing and evaluation as has been conducted.
(4)(A) The most efficient production rate, the most efficient acquisition rate, and the minimum sustaining rate, consistent with the program priority established for such weapon system by the Secretary concerned.
(B) In this paragraph:
(i) The term "most efficient production rate" means the maximum rate for each budget year at which the weapon system can be produced with existing or planned plant capacity and tooling, with one shift a day running for eight hours a day and five days a week.
(ii) The term "minimum sustaining rate" means the production rate for each budget year that is necessary to keep production lines open while maintaining a base of responsive vendors and suppliers.
(c) In the case of any weapon system for which procurement funds have not been previously requested and for which funds are first requested by the President in any fiscal year after the Budget for that fiscal year has been submitted to Congress, the same documentation requirements shall be applicable to that system in the same manner and to the same extent as if funds had been requested for that system in that budget.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (b).
Subsec. (b)(3).
Subsec. (c).
1994—Subsec. (a).
Subsec. (b).
Subsec. (b)(1) to (3).
Subsec. (b)(4).
1990—Subsec. (b).
"(1) the contractor or contractors for that system have not yet been selected and the Secretary of Defense determines that the submission of that report would adversely affect the source selection process and notifies Congress in writing, prior to such award, of that determination, stating his reasons therefor; or
"(2) the Secretary of Defense determines that the submission of that report would otherwise adversely affect the vital security interests of the United States and notifies Congress in writing of that determination at least 30 days prior to the award, stating his reasons therefor."
Subsecs. (c), (d).
1987—
1986—
Subsec. (a).
1984—Subsec. (b).
Subsec. (b)(2).
1982—Subsec. (a).
1981—Subsec. (c)(4).
1980—Subsec. (a).
1975—Subsec. (b).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
National Missile Defense Policy
National Missile Defense Program
"(a)
"(b)
"(1) An interceptor system that optimizes defensive coverage of the continental United States, Alaska, and Hawaii against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).
"(2) Ground-based radars.
"(3) Space-based sensors.
"(4) Battle management, command, control, and communications (BM/C3).
"(c)
"(1) A detailed description of the system architecture selected for development.
"(2) A discussion of the justification for the selection of that particular architecture.
"(3) The Secretary's estimate of the amounts of the appropriations that would be necessary for research, development, test, evaluation, and for procurement for each of fiscal years 1999 through 2003 in order to achieve an initial operational capability of the system architecture in fiscal year 2003.
"(4) For each activity necessary for the development and deployment of the national missile defense system architecture selected by the Secretary that would at some point conflict with the terms of the ABM Treaty, if any—
"(A) a description of the activity;
"(B) a description of the point at which the activity would conflict with the terms of the ABM Treaty;
"(C) the legal analysis justifying the Secretary's determination regarding the point at which the activity would conflict with the terms of the ABM Treaty; and
"(D) an estimate of the time at which such point would be reached in order to achieve a test of an integrated missile defense system in fiscal year 1999 and initial operational capability of such a system in fiscal year 2003.
"(d)
"(e)
Memorandum of Understanding for Use of National Laboratories for Ballistic Missile Defense Programs
"(a)
"(b)
"(c)
"(d)
"(1) the Lawrence Livermore National Laboratory, Livermore, California;
"(2) the Los Alamos National Laboratory, Los Alamos, New Mexico; and
"(3) the Sandia National Laboratories, Albuquerque, New Mexico."
Ballistic Missile Defense Program
Subtitle C of title II of div. A of
"SEC. 231. SHORT TITLE.
"This subtitle may be cited as the 'Ballistic Missile Defense Act of 1995'.
"SEC. 232. FINDINGS.
"Congress makes the following findings:
"(1) The emerging threat that is posed to the national security interests of the United States by the proliferation of ballistic missiles is significant and growing, both in terms of numbers of missiles and in terms of the technical capabilities of those missiles.
"(2) The deployment of ballistic missile defenses is a necessary, but not sufficient, element of a broader strategy to discourage both the proliferation of weapons of mass destruction and the proliferation of the means of their delivery and to defend against the consequences of such proliferation.
"(3) The deployment of effective Theater Missile Defense systems can deter potential adversaries of the United States from escalating a conflict by threatening or attacking United States forces or the forces or territory of coalition partners or allies of the United States with ballistic missiles armed with weapons of mass destruction to offset the operational and technical advantages of the United States and its coalition partners and allies.
"(4) United States intelligence officials have provided intelligence estimates to congressional committees that (A) the trend in missile proliferation is toward longer range and more sophisticated ballistic missiles, (B) North Korea may deploy an intercontinental ballistic missile capable of reaching Alaska or beyond within five years, and (C) although a new, indigenously developed ballistic missile threat to the continental United States is not foreseen within the next ten years, determined countries can acquire intercontinental ballistic missiles in the near future and with little warning by means other than indigenous development.
"(5) The development and deployment by the United States and its allies of effective defenses against ballistic missiles of all ranges will reduce the incentives for countries to acquire such missiles or to augment existing missile capabilities.
"(6) The concept of mutual assured destruction (based upon an offense-only form of deterrence), which is the major philosophical rationale underlying the ABM Treaty, is now questionable as a basis for stability in a multipolar world in which the United States and the states of the former Soviet Union are seeking to normalize relations and eliminate Cold War attitudes and arrangements.
"(7) The development and deployment of a National Missile Defense system against the threat of limited ballistic missile attacks—
"(A) would strengthen deterrence at the levels of forces agreed to by the United States and Russia under the Strategic Arms Reduction Talks Treaty (START–I); and
"(B) would further strengthen deterrence if reductions below the levels permitted under START–I should be agreed to and implemented in the future.
"(8) The distinction made during the Cold War, based upon the technology of the time, between strategic ballistic missiles and nonstrategic ballistic missiles, which resulted in the distinction made in the ABM Treaty between strategic defense and nonstrategic defense, has become obsolete because of technological advancement (including the development by North Korea of long-range Taepo-Dong I and Taepo-Dong II missiles) and, therefore, that distinction in the ABM Treaty should be reviewed.
"SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
"It is the policy of the United States—
"(1) to deploy affordable and operationally effective theater missile defenses to protect forward-deployed and expeditionary elements of the Armed Forces of the United States and to complement the missile defense capabilities of forces of coalition partners and of allies of the United States; and
"(2) to seek a cooperative, negotiated transition to a regime that does not feature an offense-only form of deterrence as the basis for strategic stability.
"SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
"(a)
"(1) The Patriot PAC–3 system.
"(2) The Navy Area Defense system.
"(3) The Theater High-Altitude Area Defense (THAAD) system.
"(4) The Navy Theater Wide system.
"(b)
"(c)
"(A) the Cooperative Engagement Capability (CEC) system of the Navy;
"(B) airborne sensors; and
"(C) space-based sensors (including, in particular, the Space and Missile Tracking System).
"(d)
"(2) The Secretary may not proceed with the development of a follow-on theater missile defense system beyond the Demonstration/Validation stage of development unless the Secretary designates that system as a part of the core program under this section and submits to the congressional defense committees [Committees on Armed Services and on Appropriations of the Senate and House of Representatives] notice of that designation. The Secretary shall include with any such notification a report describing—
"(A) the requirements for the system and the specific threats that such system is designed to counter;
"(B) how the system will relate to, support, and build upon existing core systems;
"(C) the planned acquisition strategy for the system; and
"(D) a preliminary estimate of total program cost for that system and the effect of development and acquisition of such system on Department of Defense budget projections.
"(e)
"(2) As part of such report, the Secretary shall describe, with respect to each program covered in the report, any variance in the technical milestones, program schedule milestones, and costs for the program compared with the information relating to that program in the report submitted in the previous year and in the report submitted in the first year in which that program was covered.
"(f)
"(2) If a certification under paragraph (1) is based on application of a policy concerning United States compliance with the ABM Treaty that differs from the policy described in section 235(b)(1), the Secretary shall include with the transmittal under that paragraph a report providing a detailed assessment of—
"(A) how the policy applied differs from the policy described in section 235(b)(1); and
"(B) how the application of that policy (rather than the policy described in section 235(b)(1)) will affect the cost, schedule, and performance of that system.
"SEC. 235. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN INTERNATIONAL AGREEMENT CONCERNING THEATER MISSILE DEFENSE SYSTEMS.
"(a)
"(A) the finding in [former] section 234(a)(7) of the National Defense Authorization Act for Fiscal Year 1994 (
"(B) the statement in section 232 of the National Defense Authorization Act for Fiscal Year 1995 (
"(2) Congress also finds that the demarcation standard described in subsection (b)(1) for compliance of a missile defense system, system upgrade, or system component with the ABM Treaty is based upon current technology.
"(b)
"(1) unless a missile defense system, system upgrade, or system component (including one that exploits data from space-based or other external sensors) is flight tested in an ABM-qualifying flight test (as defined in subsection (e)), that system, system upgrade, or system component has not, for purposes of the ABM Treaty, been tested in an ABM mode nor been given capabilities to counter strategic ballistic missiles and, therefore, is not subject to any application, limitation, or obligation under the ABM Treaty; and
"(2) any international agreement that would limit the research, development, testing, or deployment of missile defense systems, system upgrades, or system components that are designed to counter modern theater ballistic missiles in a manner that would be more restrictive than the compliance criteria specified in paragraph (1) should be entered into only pursuant to the treaty making powers of the President under the Constitution.
"(c)
"(1) would establish a demarcation between theater missile defense systems and anti-ballistic missile systems for purposes of the ABM Treaty; or
"(2) would restrict the performance, operation, or deployment of United States theater missile defense systems.
"(d)
"(1) to the extent provided by law in an Act enacted after this Act [
"(2) to expenditures to implement that portion of any such agreement or understanding that implements the policy set forth in subsection (b)(1); or
"(3) to expenditures to implement any such agreement or understanding that is approved as a treaty or by law.
"(e) ABM-
"SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
"It is in the interest of the United States to develop its own missile defense capabilities in a manner that will permit the United States to complement the missile defense capabilities developed and deployed by its allies and possible coalition partners. Therefore, the Congress urges the President—
"(1) to pursue high-level discussions with allies of the United States and selected other states on the means and methods by which the parties on a bilateral basis can cooperate in the development, deployment, and operation of ballistic missile defenses;
"(2) to take the initiative within the North Atlantic Treaty Organization to develop consensus in the Alliance for a timely deployment of effective ballistic missile defenses by the Alliance; and
"(3) in the interim, to seek agreement with allies of the United States and selected other states on steps the parties should take, consistent with their national interests, to reduce the risks posed by the threat of limited ballistic missile attacks, such steps to include—
"(A) the sharing of early warning information derived from sensors deployed by the United States and other states;
"(B) the exchange on a reciprocal basis of technical data and technology to support both joint development programs and the sale and purchase of missile defense systems and components; and
"(C) operational level planning to exploit current missile defense capabilities and to help define future requirements.
"SEC. 237. ABM TREATY DEFINED.
"For purposes of this subtitle, the term 'ABM Treaty' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, and signed at Moscow on May 26, 1972, and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974.
"SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.
"The Missile Defense Act of 1991 [
Compliance of Ballistic Missile Defense Systems and Components With ABM Treaty
"(a)
"(1) for any development or testing of anti-ballistic missile systems or components except for development and testing consistent with the interpretation of the ABM Treaty set forth in the enclosure to the July 13, 1993, ACDA letter; or
"(2) for the acquisition of any material or equipment (including long lead materials, components, piece parts, or test equipment, or any modified space launch vehicle) required or to be used for the development or testing of anti-ballistic missile systems or components, except for material or equipment required for development or testing consistent with the interpretation of the ABM Treaty set forth in the enclosure to the July 13, 1993, ACDA letter.
"(b)
"(c)
"(d)
"(2) Of the funds made available to the Department of Defense for fiscal year 1995, not more than $40,000,000 may be obligated for the Navy Upper Tier program before the date on which the Secretary submits to the appropriate congressional committees a report on the compliance of that program with the ABM Treaty, as determined under the compliance review under paragraph (1).
"(e)
"(1) The term 'July 13, 1993, ACDA letter' means the letter dated July 13, 1993, from the Acting Director of the Arms Control and Disarmament Agency to the chairman of the Committee on Foreign Relations of the Senate relating to the correct interpretation of the ABM Treaty and accompanied by an enclosure setting forth such interpretation.
"(2) The term 'ABM Treaty' means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missiles, signed in Moscow on May 26, 1972.
"(3) The term 'appropriate congressional committees' means—
"(A) the Committee on Armed Services, the Committee on Foreign Affairs [now Committee on International Relations], and the Committee on Appropriations of the House of Representatives; and
"(B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate."
Theater Missile Defense Master Plan
"(a)
"(1) seek to maximize the use of existing systems and technologies; and
"(2) seek to promote joint use by the military departments of existing and future ballistic missile defense equipment (rather than each military department developing its own systems that would largely overlap in their capabilities).
The Secretaries of the military departments shall seek the maximum integration and compatibility of their ballistic missile defense systems as well as of the respective roles and missions of those systems.
"(b) TMD
"(1) A description of the mission and scope of Theater Missile Defense.
"(2) A description of the role of each of the Armed Forces in Theater Missile Defense.
"(3) A description of how those roles interact and complement each other.
"(4) An evaluation of the cost and relative effectiveness of each interceptor and sensor under development as part of a Theater Missile Defense system by the Ballistic Missile Defense Organization.
"(5) A detailed acquisition strategy which includes an analysis and comparison of the projected acquisition and life-cycle costs of each Theater Missile Defense system intended for production (shown separately for research, development, test, and evaluation, for procurement, for operation and maintenance, and for personnel costs for each system).
"(6) Specification of the baseline production rate for each year of the program through completion of procurement.
"(7) An estimate of the unit cost and capabilities of each system.
"(8) A description of plans for theater and tactical missile defense doctrine, training, tactics, and force structure.
"(c)
"(1) a description of the current and projected testing program for Theater Missile Defense systems and major components; and
"(2) an evaluation of the adequacy of the testing program to simulate conditions similar to those the systems and components would actually be expected to encounter if and when deployed (such as the ability to track and engage multiple targets with multiple interceptors, to discriminate targets from decoys and other incoming objects, and to be employed in a shoot-look-shoot firing mode).
"(d)
"(e)
"(f)
"(1) seek to maximize the use of existing technologies (such as SM–2, AEGIS, Patriot, and THAAD) rather than develop new systems;
"(2) seek to maximize integration and compatibility among the systems, roles, and missions of the military departments; and
"(3) seek to promote cross-service use of existing equipment (such as development of Army equipment for the Marine Corps or ground utilization of an air or sea system).
"(g)
"(2) In conducting the review, the Secretary shall obtain recommendations and advice from—
"(A) the Defense Science Board;
"(B) the faculty of the Industrial College of the Armed Forces; and
"(C) federally funded research and development centers supporting the Office of the Secretary of Defense.
"(3) Not later than May 1, 1994, the Secretary shall submit to the congressional defense committees a report on the Secretary's findings resulting from the review under paragraph (1), together with any recommendations of the Secretary for legislation. The Secretary shall submit the report in unclassified form, but may submit a classified version of the report if necessary to clarify any of the information in the findings or recommendations or any related information. The report may be submitted as part of the next annual report of the Secretary submitted to Congress under section 224 of
Cooperation of United States Allies on Development of Tactical and Theater Missile Defenses
Transfer of Follow-On Technology Programs
"(a)
"(b)
"(c)
"(1) each program, project, and activity with respect to which the Secretary has transferred management and budget responsibility from the Ballistic Missile Defense Organization in accordance with subsection (a);
"(2) the agency or military department to which each such transfer was made; and
"(3) the date on which each such transfer was made.
"(d)
"(e)
Theater Missile Defense Initiative
"(a)
"(b)
"(c)
"(1) setting forth the proposed allocation by the Secretary of funds for the Theater Missile Defense Initiative for fiscal year 1994, shown for each program, project, and activity;
"(2) describing an updated master plan for the Theater Missile Defense Initiative that includes (A) a detailed consideration of plans for theater and tactical missile defense doctrine, training, tactics, and force structure, and (B) a detailed acquisition strategy which includes a consideration of acquisition and life-cycle costs through the year 2005 for the programs, projects, and activities associated with the Theater Missile Defense Initiative;
"(3) assessing the possible near-term contribution and cost-effectiveness for theater missile defense of exoatmospheric capabilities, to include at a minimum a consideration of—
"(A) the use of the Navy's Standard missile combined with a kick stage rocket motor and lightweight exoatmospheric projectile (LEAP); and
"(B) the use of the Patriot missile combined with a kick stage rocket motor and LEAP.
"(d)
Missile Defense Program
Similar provisions were contained in the following prior authorization act:
Stretchout of Major Defense Acquisition Programs
Prohibition of Certain Contracts With Foreign Entities
Section 222 of
"(a)
"(b)
"(c)
"(1) the contract is to be performed within the United States;
"(2) the contract is exclusively for research, development, test, or evaluation in connection with antitactical ballistic missile systems; or
"(3) that foreign government or foreign firm agrees to share a substantial portion of the total contract cost.
"(d)
"(1) The term 'foreign firm' means a business entity owned or controlled by one or more foreign nationals or a business entity in which more than 50 percent of the stock is owned or controlled by one or more foreign nationals.
"(2) The term 'United States firm' means a business entity other than a foreign firm.
"(e)
Limitation on Transfer of Certain Military Technology to Independent States of Former Soviet Union
Section 223 of
SDI Architecture To Require Human Decision Making
Section 224 of
Prohibition on Deployment of Anti-Ballistic Missile System Unless Authorized by Law
Section 226 of
Establishment of Federally Funded Research and Development Center To Support SDI Program
Section 227 of
"(a)
"(1) The Department of Defense requires technical support for issues of system integration related to the Strategic Defense Initiative program.
"(2) The Strategic Defense Initiative Organization, after assessing alternative types of organizations for the provision of such technical support to the Strategic Defense Initiative program (including Government organizations, profit and nonprofit entities (including existing federally funded research and development centers), a new division within an existing federally funded research and development center, a new federally funded research and development center, colleges and universities, and private nonprofit laboratories), determined that a new federally funded research and development center (hereinafter in this section referred to as an 'FFRDC') would be the type of organization most appropriate for the provision of such technical support to the Strategic Defense Initiative program.
"(3) In providing such technical support to the SDI program, the new FFRDC should provide critical evaluation and rigorous and objective analysis of technologies, systems, and architectures that are candidates for use in the SDI program.
"(4) Competitive selection of a contractor to establish and operate such an FFRDC to support the Strategic Defense Initiative program is one way to enhance the prospects for independent and objective evaluation of system integration issues within the Strategic Defense Initiative program.
"(b)
"(c)
"(2) The Secretary of Defense shall solicit proposals for such contract from existing federally funded research and development centers, from universities, from commercial entities, and from appropriate new organizations and shall make maximum efforts to obtain more than one proposal for such contract.
"(3) The Secretary shall submit the three best contract proposals (as determined by the Secretary), together with a copy of the proposed sponsoring agreement for the new FFRDC, for review by three persons designated by the Defense Science Board from a list of six or more persons submitted by the National Academy of Sciences. The persons performing the review—
"(A) shall evaluate the extent to which each proposal and the proposed sponsoring agreement would foster competent and objective technical advice for the Strategic Defense Initiative Program; and
"(B) shall report their evaluation of each such proposal and of the proposed sponsoring agreement to the Secretary.
"(4) Before awarding a contract under subsection (b), and not sooner than March 30, 1989, the Secretary shall submit to Congress—
"(A) a copy of the proposed final contract; and
"(B) a copy of the proposed final sponsoring agreement relating to the operation of the new FFRDC.
"(5)(A) The Secretary shall then withhold the award of such contract and the approval of such sponsoring agreement for a period of at least 30 days of continuous session of Congress beginning on the day after the date on which Congress receives the copies referred to in paragraph (4).
"(B) For purposes of subparagraph (A), the continuity of a session of Congress is broken only by an adjournment sine die at the end of the second regular session of that Congress. In computing the 30-day period for such purposes, days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded.
"(d)
"(1) require that the contract referred to in subsection (b) include a provision stating that no officer or employee of the Department of Defense shall have the authority to veto the employment of any person selected to serve as an officer or employee of the new FFRDC;
"(2) require that at least 5 percent of the total amount of funds available for the new FFRDC shall be set aside for independent research to be performed by the staff of the new FFRDC under the direction of the chief executive officer of the new FFRDC;
"(3) impose a limitation on the compensation payable to each senior executive of the new FFRDC for services performed for the new FFRDC so that such compensation shall be comparable to the amount of compensation payable to senior executives of comparable federally funded research and development centers for similar services;
"(4) require that the new FFRDC publicly disclose the salary of its chief executive officer;
"(5) prohibit current or former members of the Strategic Defense Initiative Advisory Committee from serving as members of the Board of Trustees of the FFRDC if such members constitute 10 or more percent of the Board of Trustees or from serving as officers of the new FFRDC;
"(6) require that the contract referred to in subsection (b) include a provision prohibiting members of such Board of Trustees from serving as officers of the new FFRDC, except that a Board member may serve as the President of the new FFRDC if the Board is comprised of 10 or more members;
"(7) require that the contract referred to in subsection (b) include a provision prohibiting the new FFRDC from employing any person who, as a Federal employee or member of the Armed Forces, served in the Strategic Defense Initiative Organization within two years before the date on which such person is to be employed by the new FFRDC; and
"(8) require that any contract referred to in subsection (b) require that the Board of Trustees of the new FFRDC be comprised of individuals who represent a reasonable cross-section of views on the engineering and scientific issues associated with the Strategic Defense Initiative Program.
"(e)
"(f)
Limitation on Establishment of Federally Funded Research and Development Center for Strategic Defense Initiative Program
"(a)
"(1) the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report with respect to such proposed center that provides the information described in subsection (b); and
"(2) funds are specifically authorized to be appropriated for such purpose after the date of the enactment of this Act in an Act other than—
"(A) an appropriations Act; or
"(B) a continuing resolution.
"(b)
"(1) the ability of existing Federally funded research and development centers, Federal research laboratories, and private contractors to perform the objectives of technological integration and evaluation required by the Strategic Defense Initiative Organization;
"(2) the comparative cost of having the proposed work performed by—
"(A) the Strategic Defense Initiative Organization;
"(B) Federally funded research and development centers in existence on the date of the enactment of this Act [Nov. 14, 1986];
"(C) by Federal research laboratories;
"(D) by private contractors; or
"(E) by such center;
"(3) whether such center is intended to be—
"(A) primarily a study and analysis center; or
"(B) primarily a system engineering/system integration center;
"(4) whether such center will be required or authorized to enter into contracts under which research projects would be performed by other Federally funded research and development centers, Federal research laboratories, or private contractors;
"(5) whether the contract to operate such center will be awarded on a competitive basis;
"(6) whether proposals with respect to the operation of such center—
"(A) will be considered by the appropriate Defense Agency; and
"(B) will be subjected to review by persons to be elected by the National Academy of Sciences;
"(7) whether such center will be designed to prevent even the possibility of an appearance of a conflict of interest—
"(A) by prohibiting any officer, employee, or member of the governing body of such center from holding any position with—
"(i) the Strategic Defense Initiative Organization; or
"(ii) a private contractor that has a substantial interest in the development of the Strategic Defense Initiative; and
"(B) by prohibiting more than one-half of the members of the governing body of the proposed Federally Funded Research Center from simultaneously holding any position with the Strategic Defense Initiative Advisory Committee or any similar body which provides technological, scientific, or strategic advice to the Department of Defense about the Strategic Defense Initiative;
"(8) whether other actions will be taken to avoid possible conflict of interest situations within such center;
"(9) the role of the Department of Defense in—
"(A) the selection of the staff of such center; and
"(B) the internal organization of such center; and
"(10) whether a prescribed minimum percentage of the annual budget of such center will be set aside for research to be conducted independently of the Department of Defense.
"(c)
Should-Cost Analyses
Requirement for Specific Authorization for Deployment of Strategic Defense Initiative System
Annual Report on Ballistic Missile Defense Program
Plans for Management of Technical Data and Computer Capability Improvements
Section 1252 of
Consultation With Allies on Strategic Defense Initiative Program
[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see
Antisatellite Weapons Test
"(a)
"(b)
"(a)
"(b)
Similar provisions were contained in the following prior acts:
"(a)
"(b)
"(a) Notwithstanding any other provision of law, none of the funds appropriated or made available in this or any other Act may be obligated or expended to test against an object in space the miniature homing vehicle (MHV) anti-satellite warhead launched from an F–15 aircraft unless the President determines and certifies to Congress—
"(1) that the United States is endeavoring, in good faith, to negotiate with the Soviet Union a mutual and verifiable agreement with the strictest possible limitations on anti-satellite weapons consistent with the national security interests of the United States;
"(2) that, pending agreement on such strict limitations, testing against objects in space of the F–15 launched miniature homing vehicle anti-satellite warhead by the United States is necessary to avert clear and irrevocable harm to the national security;
"(3) that such testing would not constitute an irreversible step that would gravely impair prospects for negotiations on anti-satellite weapons; and
"(4) that such testing is fully consistent with the rights and obligations of the United States under the Anti-Ballistic Missile Treaty of 1972 as those rights and obligations exist at the time of such testing.
"(b) During fiscal year 1985, funds appropriated for the purpose of testing the F–15 launched miniature homing vehicle anti-satellite warhead may not be used to conduct more than three tests of that warhead against objects in space.
"(c) The limitation on the expenditure of funds provided by subsection (a) of this section shall cease to apply fifteen calendar days after the date of the receipt by Congress of the certification referred to in subsection (a) or March 1, 1985, whichever occurs later."
Similar provisions were contained in the following prior authorization act:
East Coast Trident Base and MX Missile System Sites; Use of Funds Appropriated to Department of Defense; Assistance to Nearby Communities To Help Meet Costs of Increased Municipal Services
"(a) The Secretary of Defense (hereinafter in this section referred to as the 'Secretary') may assist communities located near MX Missile System sites and communities located near the East Coast Trident Base, and the States in which such communities are located, in meeting the costs of providing increased municipal services and facilities to the residents of such communities, if the Secretary determines that there is an immediate and substantial increase in the need for such services and facilities in such communities as a direct result of work being carried out in connection with the construction, installation, or operation of the MX Missile System or the East Coast Trident Base, as the case may be, and that an unfair and excessive financial burden will be incurred by such communities, or the States in which such communities are located, as a result of such increased need for such services and facilities.
"(b)(1) Whenever possible, the Secretary shall carry out the program of assistance authorized under this section through existing Federal programs. In carrying out such program of assistance, the Secretary may—
"(A) supplement funds made available under existing Federal programs through a direct transfer of funds from the Secretary to the department or agency concerned in such amounts as the Secretary considers necessary;
"(B) provide financial assistance to communities described in subsection (a) to help such communities pay their share of the costs under such programs;
"(C) guarantee State or municipal indebtedness, and make interest payments, in whole or in part, for State or municipal indebtedness, for improved public facilities related to the MX Missile System site or the East Coast Trident Base, as the case may be; and
"(D) make direct grants to or on behalf of communities described in subsection (a) in cases in which Federal programs (or funds for such programs) do not exist or are not sufficient to meet the costs of providing increased municipal services and facilities to the residents of such communities.
"(2) The head of each department and agency shall cooperate fully with the Secretary in carrying out the provisions of this section on a priority basis.
"(3) Notwithstanding any other provision of law, the Secretary, in cooperation with the heads of other departments and agencies of the Federal Government, may provide assistance under this section in anticipation of the work to be carried out in connection with the MX Missile System sites or the East Coast Trident Base, as the case may be.
"(c) In determining the amount of financial assistance to be made available under this section to any local community for any community service or facility, the Secretary shall consult with the head of the department or agency concerned with the type of service or facility for which financial assistance is being made available and shall take into consideration—
"(1) the time lag between the initial impact of increased population in any such community and any increase in the local tax base which will result from such increased population;
"(2) the possible temporary nature of the increased population and the long-range cost impact on the permanent residents of any such community;
"(3) the initial capitalization required for municipal sewer and water systems;
"(4) the initial operating cost for upgrading municipal services; and
"(5) such other pertinent factors as the Secretary considers appropriate.
"(d) Funds appropriated to the Department of Defense for carrying out the MX Missile System deployment program and the East Coast Trident Base may, to the extent specifically authorized in Military Construction Authorization Acts, be used by the Secretary to provide assistance under this section."
MX Missile and Basing Mode
"(a) The Congress finds that a survivable land-based intercontinental ballistic missile (ICBM) system is vital to the security of the United States and to a stable strategic balance between the United States and the Soviet Union and that timely deployment of a new basing mode is essential to the survivability of this Nation's land-based intercontinental ballistic missiles. It is, therefore, the purpose of this section to commit the Congress to the development and deployment of the MX missile system, consisting of 200 missiles and 4,600 hardened shelters, and to insure that deployment of the entire MX system is carried out as soon as practicable.
"(b) The Secretary of Defense shall proceed immediately with the full-scale engineering development of the MX missile and a Multiple Protective Structure (MPS) basing mode and shall continue such development in a manner that will achieve an Initial Operational Capability of such missile and basing mode not later than December 31, 1986.
"(c) Notwithstanding any other provision of law, the initial phase of construction shall be limited to 2,300 protective shelters for the MX missile in the initial deployment area.
"(d) In accordance with the finding of the Congress expressed in subsection (a), a full system of at least 4,600 protective shelters may be deployed in the initial deployment area if, after completion of a study to be conducted by the Secretary of Defense of an alternate site for a portion of the system, it is determined by the Congress that adverse cost, military considerations, or other reasons preclude split basing."
Development of MX Missile System
"(a) It is the sense of the Congress that maintaining a survivable land-based intercontinental ballistic missile system is vital to the security of the United States and that development of a new basing mode for land-based intercontinental ballistic missiles is necessary to assure the survivability of the land-based system. To this end, the development of the MX missile, together with a new basing mode for such missile, should proceed so as to achieve Initial Operational Capability (IOC) for both such missile and such basing mode at the earliest practicable date.
"(b) In addition, it is the sense of the Congress that the basing mode for the MX missile should be restricted to location on the least productive land available that is suitable for such purpose.
"(c) In accordance with the sense of Congress expressed in subsection (a), the Secretary of Defense shall proceed immediately with full scale engineering development of the missile basing mode known as the Multiple Protective Structure (MPS) system concurrently with full scale engineering development of the MX missile, unless and until the Secretary of Defense certifies to the Congress that an alternative basing mode is militarily or technologically superior to, and is more cost effective than, the MPS system or the President informs the Congress that in his view the MPS system is not consistent with United States national security interests.
"(d) Nothing in this section shall be construed to prohibit or restrict the study of alternative basing modes for land-based intercontinental ballistic missiles."
Reports to Congress of Acquisitions for Major Defense Systems
Section 811 of
Trident Support Site, Bangor, Washington; Financial Aid to Local Communities; Reports
Section 608 of
"(a) The Secretary of Defense is authorized to assist communities located near the TRIDENT Support Site Bangor, Washington, in meeting the costs of providing increased municipal services and facilities to the residents of such communities, if the Secretary determines that there is an immediate and substantial increase in the need for such services and facilities in such communities as a direct result of work being carried out in connection with the construction, installation, testing, and operation of the TRIDENT Weapon System and that an unfair and excessive financial burden will be incurred by such communities as a result of the increased need for such services and facilities.
"(b) The Secretary of Defense shall carry out the provisions of this section through existing Federal programs. The Secretary is authorized to supplement funds made available under such Federal programs to the extent necessary to carry out the provisions of this section, and is authorized to provide financial assistance to communities described in subsection (a) of this section to help such communities pay their share of the costs under such programs. The heads of all departments and agencies concerned shall cooperate fully with the Secretary of Defense in carrying out the provisions of this section on a priority basis.
"(c) In determining the amount of financial assistance to be made available under this section to any local community for any community service or facility, the Secretary of Defense shall consult with the head of the department or agency of the Federal Government concerned with the type of service or facility for which financial assistance is being made available and shall take into consideration (1) the time lag between the initial impact of increased population in any such community and any increase in the local tax base which will result from such increased population, (2) the possible temporary nature of the increased population and the long-range cost impact on the permanent residents of any such community, and (3) such other pertinent factors as the Secretary of Defense deems appropriate.
"(d) Any funds appropriated to the Department of Defense for the fiscal year beginning July 1, 1974, for carrying out the TRIDENT Weapon System shall be utilized by the Secretary of Defense in carrying out the provisions of this section to the extent that funds are unavailable under other Federal programs. Funds appropriated to the Department of Defense for any fiscal year beginning after June 30, 1975, for carrying out the TRIDENT Weapon System may, to the extent specifically authorized in an annual Military Construction Authorization Act, be utilized by the Secretary of Defense in carrying out the provision of this section to the extent that funds are unavailable under other Federal programs.
"(e) The Secretary shall transmit to the Committees on Armed Services of the Senate and the House of Representatives semiannual reports indicating the total amount expended in the case of each local community which was provided assistance under the authority of this section during the preceding six-month period, the specific projects for which assistance was provided during such period, and the total amount provided for each such project during such period."
Section Referred to in Other Sections
This section is referred to in
§2432. Selected Acquisition Reports
(a) In this section:
(1) The term "program acquisition unit cost", with respect to a major defense acquisition program, means the amount equal to (A) the total cost for development and procurement of, and system-specific military construction for, the acquisition program, divided by (B) the number of fully-configured end items to be produced for the acquisition program.
(2) The term "procurement unit cost", with respect to a major defense acquisition program, means the amount equal to (A) the total of all funds programmed to be available for obligation for procurement for the program, divided by (B) the number of fully-configured end items to be procured.
(3) The term "major contract", with respect to a major defense acquisition program, means each of the six largest prime, associate, or Government-furnished equipment contracts under the program that is in excess of $40,000,000 and that is not a firm, fixed price contract.
(4) The term "full life-cycle cost", with respect to a major defense acquisition program, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control.
(b)(1) The Secretary of Defense shall submit to Congress at the end of each fiscal-year quarter a report on current major defense acquisition programs. Except as provided in paragraphs (2) and (3), each such report shall include a status report on each defense acquisition program that at the end of such quarter is a major defense acquisition program. Reports under this section shall be known as Selected Acquisition Reports.
(2) A status report on a major defense acquisition program need not be included in the Selected Acquisition Report for the second, third, or fourth quarter of a fiscal year if such a report was included in a previous Selected Acquisition Report for that fiscal year and during the period since that report there has been—
(A) less than a 15 percent increase in program acquisition unit cost and current procurement unit cost; and
(B) less than a six-month delay in any program schedule milestone shown in the Selected Acquisition Report.
(3)(A) The Secretary of Defense may waive the requirement for submission of Selected Acquisition Reports for a program for a fiscal year if—
(i) the program has not entered engineering and manufacturing development;
(ii) a reasonable cost estimate has not been established for such program; and
(iii) the system configuration for such program is not well defined.
(B) The Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of each waiver under subparagraph (A) for a program for a fiscal year not later than 60 days before the President submits the budget to Congress pursuant to
(c)(1) Each Selected Acquisition Report for the first quarter for a fiscal year shall include—
(A) the same information, in detailed and summarized form, as is provided in reports submitted under
(B) the current program acquisition unit cost for each major defense acquisition program included in the report and the history of that cost from the date the program was first included in a Selected Acquisition Report to the end of the quarter for which the current report is submitted;
(C) the current procurement unit cost for each major defense acquisition program included in the report and the history of that cost from the date the program was first included in a Selected Acquisition Report to the end of the quarter for which the current report is submitted; and
(D) such other information as the Secretary of Defense considers appropriate.
(2) Each Selected Acquisition Report for the first quarter of a fiscal year shall be designed to provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the information such Committees need to perform their oversight functions. Whenever the Secretary of Defense proposes to make changes in the content of a Selected Acquisition Report, the Secretary shall submit a notice of the proposed changes to such committees. The changes shall be considered approved by the Secretary, and may be incorporated into the report, only after the end of the 60-day period beginning on the date on which the notice is received by those committees.
(3) In addition to the material required by paragraphs (1) and (2), each Selected Acquisition Report for the first quarter of a fiscal year shall include the following:
(A) A full life-cycle cost analysis for each major defense acquisition program included in the report that is in the engineering and manufacturing development stage or has completed that stage. The Secretary of Defense shall ensure that this subparagraph is implemented in a uniform manner, to the extent practicable, throughout the Department of Defense.
(B) If the system that is included in that major defense acquisition program has an antecedent system, a full life-cycle cost analysis for that system.
(4) Selected Acquisition Reports for the first quarter of a fiscal year shall be known as comprehensive annual Selected Acquisition Reports.
(d)(1) Each Selected Acquisition Report for the second, third, and fourth quarters of a fiscal year shall include—
(A) with respect to each major defense acquisition program that was included in the most recent comprehensive annual Selected Acquisition Report, the information described in subsection (e); and
(B) with respect to each major defense acquisition program that was not included in the most recent comprehensive annual Selected Acquisition Report, the information described in subsection (c).
(2) Selected Acquisition Reports for the second, third, and fourth quarters of a fiscal year shall be known as Quarterly Selected Acquisition Reports.
(e) Information to be included under this subsection in a Quarterly Selected Acquisition Report with respect to a major defense acquisition program is as follows:
(1) The quantity of items to be purchased under the program.
(2) The program acquisition cost.
(3) The program acquisition unit cost.
(4) The current procurement cost for the program.
(5) The current procurement unit cost for the program.
(6) The reasons for any change in program acquisition cost, program acquisition unit cost, procurement cost, or procurement unit cost or in program schedule from the previous Selected Acquisition Report.
(7) The major contracts under the program and the reasons for any cost or schedule variances under those contracts since the last Selected Acquisition Report.
(8) Program highlights since the last Selected Acquisition Report.
(f) Each comprehensive annual Selected Acquisition Report shall be submitted within 60 days after the date on which the President transmits the Budget to Congress for the following fiscal year, and each Quarterly Selected Acquisition Report shall be submitted within 45 days after the end of the fiscal-year quarter.
(g) The requirements of this section with respect to a major defense acquisition program shall cease to apply after 90 percent of the items to be delivered to the United States under the program (shown as the total quantity of items to be purchased under the program in the most recent Selected Acquisition Report) have been delivered or 90 percent of planned expenditures under the program have been made.
(h)(1) Total program reporting under this section shall apply to a major defense acquisition program when funds have been appropriated for such and the Secretary of Defense has decided to proceed to engineering and manufacturing development of such program. Reporting may be limited to the development program as provided in paragraph (2) before a decision is made by the Secretary of Defense to proceed to engineering and manufacturing development if the Secretary notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of the intention to submit a limited report under this subsection not less than 15 days before a report is due under this section.
(2) A limited report under this subsection shall include the following:
(A) The same information, in detail and summarized form, as is provided in reports submitted under subsections (b)(1) and (b)(3) of
(B) Reasons for any change in the development cost and schedule.
(C) The major contracts under the development program and the reasons for any cost or schedule variances under those contracts since the last Selected Acquisition Report.
(D) Program highlights since the last Selected Acquisition Report.
(E) Other information as the Secretary of Defense considers appropriate.
(3) The submission requirements for a limited report under this subsection shall be the same as for quarterly Selected Acquisition Reports for total program reporting.
(Added
Codification
Amendments
1999—Subsecs. (b)(3)(B), (c)(2), (h)(1).
1997—Subsec. (h)(2)(D) to (F).
"(i) as the percentage that the number of years for which funds have been appropriated for the development program is of the number of years for which it is planned that funds will be appropriated for the program; and
"(ii) as the percentage that the amount of funds that have been appropriated for the development program is of the total amount of funds which it is planned will be appropriated for the program."
1996—Subsec. (b)(3)(B).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (e)(8), (9).
Subsec. (h)(1).
1994—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(3)(A)(i).
Subsec. (c)(2).
Subsec. (c)(3)(A).
Subsec. (c)(3)(C).
Subsec. (c)(5).
Subsec. (f).
Subsec. (h)(1).
1992—Subsec. (a)(3).
Subsec. (b)(3).
Subsec. (c)(2).
Subsec. (c)(3)(C)(i) to (vii).
1991—Subsec. (a)(4).
Subsec. (c)(5).
Subsec. (h)(2)(A).
1990—Subsec. (a)(4).
Subsec. (c)(3).
Subsec. (c)(3)(A).
"(i) is in the full-scale engineering development stage or has completed that stage; and
"(ii) was first included in a Selected Acquisition Report for a quarter after the first quarter of fiscal year 1985;".
Subsec. (c)(3)(B).
Subsec. (c)(3)(C).
Subsec. (c)(5).
1989—Subsec. (b)(2)(A).
1987—
Subsec. (a).
Subsec. (a)(2).
1986—
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(2)(B).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3)(C).
Subsec. (h).
1985—Subsec. (c).
1984—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(2).
Subsec. (f).
Subsec. (g).
Effective Date of 1990 Amendment
Section 1407(d) of
Effective Date of 1987 Amendment
Amendment by section 1233(a)(1) of
Amendment by section 1314(a)(1) of
Effective Date of 1986 Amendment
Section 101(c) [title IX, §961(c)] of
Effective Date
Section 1107(c) of
Selected Acquisition Reports for Certain Programs
Section 127 of
"(a)
"(b)
"(c)
Sense of Congress on Preparation of Certain Economic Impact and Employment Information Concerning New Acquisition Programs
Section 825 of
Duration of Assignment of Program Managers for Major Programs
Section 1243 of
Section Referred to in Other Sections
This section is referred to in
§2433. Unit cost reports
(a) In this section:
(1) The terms "program acquisition unit cost", "procurement unit cost", and "major contract" have the same meanings as provided in
(2) The term "Baseline Estimate", with respect to a unit cost report that is submitted under this section to the service acquisition executive designated by the Secretary concerned on a major defense acquisition program, means the cost estimate included in the baseline description for the program under
(3) The term "procurement program" means a program for which funds for procurement are authorized to be appropriated in a fiscal year.
(b) The program manager for a major defense acquisition program (other than a program not required to be included in the Selected Acquisition Report for that quarter under
(1) The program acquisition unit cost.
(2) In the case of a procurement program, the procurement unit cost.
(3) Any cost variance or schedule variance in a major contract under the program since the contract was entered into.
(4) Any changes from program schedule milestones or program performances reflected in the baseline description established under
(c) If the program manager of a major defense acquisition program for which a unit cost report has previously been submitted under subsection (b) determines at any time during a quarter that there is reasonable cause to believe—
(1) that the program acquisition unit cost for the program has increased by at least 15 percent over the program acquisition unit cost for the program as shown in the Baseline Estimate; or
(2) in the case of a major defense acquisition program that is a procurement program, that the procurement unit cost for the program has increased by at least 15 percent over the procurement unit cost for the program as reflected in the Baseline Estimate;
and if a unit cost report indicating an increase of such percentage or more has not previously been submitted to the service acquisition executive designated by the Secretary concerned, then the program manager shall immediately submit to such service acquisition executive a unit cost report containing the information, determined as of the date of the report, required under subsection (b).
(d)(1) When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this section with respect to a major defense acquisition program, the service acquisition executive shall determine whether the current program acquisition unit cost for the program has increased by at least 15 percent, or by at least 25 percent, over the program acquisition unit cost for the program as shown in the Baseline Estimate.
(2) When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this section with respect to a major defense acquisition program that is a procurement program, the service acquisition executive, in addition to the determination under paragraph (1), shall determine whether the procurement unit cost for the program has increased by at least 15 percent, or by at least 25 percent, over the procurement unit cost for the program as reflected in the Baseline Estimate.
(3) If, based upon the service acquisition executive's determination, the Secretary concerned determines that the current program acquisition unit cost has increased by at least 15 percent, or by at least 25 percent, as determined under paragraph (1) or that the procurement unit cost has increased by at least 15 percent, or by at least 25 percent, as determined under paragraph (2), the Secretary shall notify Congress in writing of such determination and of the increase with respect to such program. In the case of a determination based on a quarterly report submitted in accordance with subsection (b), the Secretary shall submit the notification to Congress within 45 days after the end of the quarter. In the case of a determination based on a report submitted in accordance with subsection (c), the Secretary shall submit the notification to Congress within 45 days after the date of that report. The Secretary shall include in the notification the date on which the determination was made.
(e)(1)(A) Except as provided in subparagraph (B), whenever the Secretary concerned determines under subsection (d) that the program acquisition unit cost or the procurement unit cost of a major defense acquisition program has increased by at least 15 percent, a Selected Acquisition Report shall be submitted to Congress for the first fiscal-year quarter ending on or after the date of the determination or for the fiscal-year quarter which immediately precedes the first fiscal-year quarter ending on or after that date. The report shall include the information described in
(B) Whenever the Secretary makes a determination referred to in subparagraph (A) in the case of a major defense acquisition program during the second quarter of a fiscal year and before the date on which the President transmits the budget for the following fiscal year to Congress pursuant to
(2) If the percentage increase in the program acquisition unit cost or procurement unit cost of a major defense acquisition program (as determined by the Secretary under subsection (d)) exceeds 25 percent, the Secretary of Defense shall submit to Congress, before the end of the 30-day period beginning on the day the Selected Acquisition Report containing the information described in subsection (g) is required to be submitted under
(A) a written certification, stating that—
(i) such acquisition program is essential to the national security;
(ii) there are no alternatives to such acquisition program which will provide equal or greater military capability at less cost;
(iii) the new estimates of the program acquisition unit cost or procurement unit cost are reasonable; and
(iv) the management structure for the acquisition program is adequate to manage and control program acquisition unit cost or procurement unit cost; and
(B) if a report under paragraph (1) has been previously submitted to Congress with respect to such program for the current fiscal year but was based upon a different unit cost report from the program manager to the service acquisition executive designated by the Secretary concerned, a further report containing the information described in subsection (g), determined from the time of the previous report to the time of the current report.
(3) If a determination of an increase of at least 15 percent is made by the Secretary under subsection (d) and a Selected Acquisition Report containing the information described in subsection (g) is not submitted to Congress under paragraph (1), or if a determination of an increase of at least 25 percent is made by the Secretary under subsection (d) and the certification of the Secretary of Defense is not submitted to Congress under paragraph (2), funds appropriated for military construction, for research, development, test, and evaluation, and for procurement may not be obligated for a major contract under the program. The prohibition on the obligation of funds for a major defense acquisition program shall cease to apply at the end of a period of 30 days of continuous session of Congress (as determined under
(A) on which Congress receives the Selected Acquisition Report under paragraph (1) or (2)(B) with respect to that program, in the case of a determination of an increase of at least 15 percent (as determined in subsection (d)); or
(B) on which Congress has received both the Selected Acquisition Report under paragraph (1) or (2)(B) and the certification of the Secretary of Defense under paragraph (2)(A) with respect to that program, in the case of an increase of at least 25 percent (as determined under subsection (d)).
(f) Any determination of a percentage increase under this section shall be stated in terms of constant base year dollars (as described in
(g)(1) Except as provided in paragraph (2), each report under subsection (e) with respect to a major defense acquisition program shall include the following:
(A) The name of the major defense acquisition program.
(B) The date of the preparation of the report.
(C) The program phase as of the date of the preparation of the report.
(D) The estimate of the program acquisition cost for the program as shown in the Selected Acquisition Report in which the program was first included, expressed in constant base-year dollars and in current dollars.
(E) The current program acquisition cost in constant base-year dollars and in current dollars.
(F) A statement of the reasons for any increase in program acquisition unit cost or procurement unit cost.
(G) The completion status of the program (i) expressed as the percentage that the number of years for which funds have been appropriated for the program is of the number of years for which it is planned that funds will be appropriated for the program, and (ii) expressed as the percentage that the amount of funds that have been appropriated for the program is of the total amount of funds which it is planned will be appropriated for the program.
(H) The fiscal year in which information on the program was first included in a Selected Acquisition Report (referred to in this paragraph as the "base year") and the date of that Selected Acquisition Report in which information on the program was first included.
(I) The type of the Baseline Estimate that was included in the baseline description under
(J) The current change and the total change, in dollars and expressed as a percentage, in the program acquisition unit cost, stated both in constant base-year dollars and in current dollars.
(K) The current change and the total change, in dollars and expressed as a percentage, in the procurement unit cost, stated both in constant base-year dollars and in current dollars and the procurement unit cost for the succeeding fiscal year expressed in constant base-year dollars and in current year dollars.
(L) The quantity of end items to be acquired under the program and the current change and total change, if any, in that quantity.
(M) The identities of the military and civilian officers responsible for program management and cost control of the program.
(N) The action taken and proposed to be taken to control future cost growth of the program.
(O) Any changes made in the performance or schedule milestones of the program and the extent to which such changes have contributed to the increase in program acquisition unit cost or procurement unit cost.
(P) The following contract performance assessment information with respect to each major contract under the program:
(i) The name of the contractor.
(ii) The phase that the contract is in at the time of the preparation of the report.
(iii) The percentage of work under the contract that has been completed.
(iv) Any current change and the total change, in dollars and expressed as a percentage, in the contract cost.
(v) The percentage by which the contract is currently ahead of or behind schedule.
(vi) A narrative providing a summary explanation of the most significant occurrences, including cost and schedule variances under major contracts of the program, contributing to the changes identified and a discussion of the effect these occurrences will have on future program costs and the program schedule.
(2) If a program acquisition unit cost increase or a procurement unit cost increase for a major defense acquisition program that results in a report under this subsection is due to termination or cancellation of the entire program, only the information specified in clauses (A) through (F) of paragraph (1) and the percentage change in program acquisition unit cost or procurement unit cost that resulted in the report need be included in the report. The certification of the Secretary of Defense under subsection (e) is not required to be submitted for termination or cancellation of a program.
(h) Reporting under this section shall not apply if a program has received a limited reporting waiver under
(Added
Codification
Amendments
1997—Subsec. (c).
Subsec. (c)(1) to (3).
Subsec. (d)(3).
1994—Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (b)(3).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (e)(1)(A), (2).
Subsec. (f).
Subsec. (g)(1)(I).
1993—Subsec. (e)(3).
1992—Subsec. (a)(4)(C).
Subsec. (b).
Subsec. (c)(1)(A), (B), (2)(A), (B).
Subsec. (d)(1), (2).
Subsec. (d)(3).
Subsec. (e)(1)(A).
Subsec. (e)(2).
Subsec. (e)(3).
1990—Subsec. (c).
1989—Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (a)(4)(A).
Subsec. (a)(4)(B).
Subsec. (b).
Subsec. (b)(4).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (e)(1), (2).
Subsec. (e)(3).
Subsec. (g)(2).
1987—
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
1986—
Subsec. (a)(1).
Subsec. (b).
Subsec. (h).
1985—Subsec. (d)(3)(B)(i).
1984—Subsec. (a)(4).
Subsec. (b).
Subsec. (b)(3).
Subsec. (c)(1)(A), (B).
Subsec. (d)(1), (2).
Subsec. (d)(3)(B).
Subsec. (d)(3)(B)(i).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(2)(A).
Subsec. (e)(2)(B).
Subsec. (e)(3).
"(A) on which Congress receives the report of the Secretary concerned under paragraph (1) or (2)(B)(ii) with respect to that program, in the case of a determination of a more than 15 percent increase (as determined in subsection (d)); or
"(B) on which Congress has received both the report of the Secretary concerned under paragraph (1) or (2)(B)(ii) and the certification of the Secretary of Defense under paragraph (2)(B)(i) with respect to that program, in the case of a more than 25 percent increase (as determined under subsection (d)).",
for "in the case of a program to which it would otherwise apply if, after such prohibition has taken effect, the Committees on Armed Services of the Senate and House of Representatives waive the prohibition with respect to such program."
Subsec. (g)(1)(I).
Subsec. (g)(1)(K).
1983—Subsec. (g)(2).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section effective Jan. 1, 1983, and applicable beginning with respect to reports for first quarter of fiscal year 1983, see section 1107(c) of
Section Referred to in Other Sections
This section is referred to in
§2434. Independent cost estimates; operational manpower requirements
(a)
(b)
(1) that the independent estimate of the full life-cycle cost of a program—
(A) be prepared—
(i) by an office or other entity that is not under the supervision, direction, or control of the military department, Defense Agency, or other component of the Department of Defense that is directly responsible for carrying out the development or acquisition of the program; or
(ii) if the decision authority for the program has been delegated to an official of a military department, Defense Agency, or other component of the Department of Defense, by an office or other entity that is not directly responsible for carrying out the development or acquisition of the program; and
(B) include all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control; and
(2) that the manpower estimate include an estimate of the total number of personnel required—
(A) to operate, maintain, and support the program upon full operational deployment; and
(B) to train personnel to carry out the activities referred to in subparagraph (A).
(Added
Amendments
1996—Subsec. (b)(1)(A).
1994—Subsec. (a).
Subsec. (b).
1991—Subsec. (a).
"(1) an independent estimate of the cost of the program is first submitted to (and considered by) the Secretary; and
"(2) the Secretary submits a manpower estimate of the program to the Committees on Armed Services of the Senate and the House of Representatives at least 30 days in advance of such approval."
Subsecs. (b), (c).
"(b)
"(2) The 30-day period specified in subsection (a)(2) shall be reduced to 10 days in the case of a major defense acquisition program if the manpower estimate submitted by the Secretary of Defense under subsection (a)(2) with respect to that program indicates that no increase in military or civilian personnel end strengths described in subsection (c)(3)(B) will be required."
1988—Subsec. (a)(2).
Subsec. (b).
Subsec. (c).
1987—
Subsec. (b).
1986—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 1208(d) of
Effective Date
Section 1203(b) of
Report to Congress on Use of Independent Cost Estimates in Planning, Programing, Budgeting, and Selection for Major Defense Acquisition Programs
Section 1203(c) of
Allocation of Adequate Personnel and Financial Resources in Developing or Assessing Independent Estimates of Costs
Section 1203(d) of
§2435. Baseline description
(a)
(2) The baseline shall include sufficient parameters to describe the cost estimate (referred to as the "Baseline Estimate" in
(b)
(c)
(1) before the program enters demonstration and validation;
(2) before the program enters engineering and manufacturing development; and
(3) before the program enters production and deployment.
(d)
(1) The content of baseline descriptions under this section.
(2) The submission to the Secretary of the military department concerned and the Under Secretary of Defense for Acquisition, Technology, and Logistics by the program manager for a program for which there is an approved baseline description under this section of reports of deviations from the baseline of the cost, schedule, performance, supportability, or any other factor of the program.
(3) Procedures for review of such deviation reports within the Department of Defense.
(4) Procedures for submission to, and approval by, the Secretary of Defense of revised baseline descriptions.
(Added
Historical and Revision Notes
1988 Act
Subsection (c) is based on
Codification
Amendments
1999—Subsecs. (b), (d)(2).
1994—
1993—Subsec. (b)(2)(B).
1990—Subsec. (b)(1).
Subsec. (c).
"(2) The Secretary of the military department concerned may waive the length of the tour of duty prescribed in paragraph (1). The authority under the preceding sentence may not be delegated."
1989—Subsec. (a)(2)(B)(iv).
Subsec. (b)(1).
Subsec. (b)(2).
1988—Subsec. (b)(2).
Subsec. (c).
1987—Subsec. (b)(2).
Subsec. (c).
Effective Date of 1990 Amendment
Section 1207(b) of
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section 101(c) [title IX, §904(b)] of
Review of Acquisition Program Cycle
Section 5002(a) of
Section Referred to in Other Sections
This section is referred to in
[§§2436, 2437. Repealed. Pub. L. 103–160, div. A, title VIII, §821(a)(5), Nov. 30, 1993, 107 Stat. 1704 ]
Section 2436, added
Section 2437, added
[§§2438, 2439. Repealed. Pub. L. 103–355, title III, §§3006(a), 3007(a), Oct. 13, 1994, 108 Stat. 3331 ]
Section 2438, added
Provisions similar to those in section 2438 were contained in
A prior section 2438 was renumbered
Section 2439, added
§2440. Technology and Industrial Base Plans
The Secretary of Defense shall prescribe regulations requiring consideration of the national technology and industrial base in the development and implementation of acquisition plans for each major defense acquisition program.
(Added
CHAPTER 145 —CATALOGING AND STANDARDIZATION
Amendments
1990—
1982—
Cross References
Procurement generally, see
Property records, basis and reports, see
§2451. Defense supply management
(a) The Secretary of Defense shall develop a single catalog system and related program of standardizing supplies for the Department of Defense.
(b) In cataloging, the Secretary shall name, describe, classify, and number each item recurrently used, bought, stocked, or distributed by the Department of Defense, so that only one distinctive combination of letters or numerals, or both, identifies the same item throughout the Department of Defense. Only one identification may be used for each item for all supply functions from purchase to final disposal in the field or other area. The catalog may consist of a number of volumes, sections, or supplements. It shall include all items of supply and, for each item, information needed for supply operations, such as descriptive and performance data, size, weight, cubage, packaging and packing data, a standard quantitative unit of measurement, and other related data that the Secretary determines to be desirable.
(c) In standardizing supplies the Secretary shall, to the highest degree practicable—
(1) standardize items used throughout the Department of Defense by developing and using single specifications, eliminating overlapping and duplicate specifications, and reducing the number of sizes and kinds of items that are generally similar;
(2) standardize the methods of packing, packaging, and preserving such items; and
(3) make efficient use of the services and facilities for inspecting, testing, and accepting such items.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2451(a) 2451(b) 2451(c) |
5:173. 5:173b(a). 5:173b(b). |
July 1, 1952, ch. 539, §§2, 4, |
In subsection (a), the words "for the Department of Defense" are inserted for clarity. 5:173 (1st sentence) is omitted as impliedly repealed by section 2 of 1953 Reorganization Plan No. 6, effective June 30, 1953,
In subsection (b), the words "or any of the departments thereof", "in such manner", "original", and "necessary or" are omitted as surplusage. The words "throughout the Department of Defense" are substituted for the words "either within a bureau or service, between bureaus or services, or between the departments". The word "recurrently" is substituted for the word "repetitively". The words "Only one identification may" are substituted for the words "The single item identification shall".
In subsection (c), the words "the most" are omitted as surplusage. The words "to the highest degree practicable" are substituted for the words "achieve the highest practicable degree possible" and "The greatest practicable degree of standardization * * * shall be achieved".
1958 Act
The change makes clear that clauses (2) and (3) apply to all items, whether or not standardized, used throughout the Department of Defense.
Amendments
1958—Subsec. (c).
Effective Date of 1958 Amendment
Amendment of section by
Defense-Wide Electronic Mall System for Supply Purchases
"(a)
"(b)
"(2) The Defense Logistics Agency, under the direction of the Joint Electronic Commerce Program Office, shall be responsible for maintaining the defense-wide electronic mall system developed under paragraph (1).
"(c)
"(1) overseeing the elimination of duplication and overlap among Department of Defense electronic catalogs; and
"(2) ensuring that such catalogs utilize technologies and formats compliant with the requirements of subsection (b).
"(d)
"(1) an inventory of all existing and planned electronic mall systems in the Department of Defense; and
"(2) a schedule for ensuring that each such system is compliant with the requirements of subsection (b)."
Standardization and Interoperability of NATO Weapons
Section Referred to in Other Sections
This section is referred to in
§2452. Duties of Secretary of Defense
The Secretary of Defense shall—
(1) develop and maintain the supply catalog, and the standardization program, described in
(2) direct and coordinate progressive use of the supply catalog in all supply functions within the Department of Defense from the determination of requirements through final disposal;
(3) direct, review, and approve—
(A) the naming, description, and pattern of description of all items;
(B) the screening, consolidation, classification, and numbering of descriptions of all items; and
(C) the publication and distribution of the supply catalog;
(4) maintain liaison with industry advisory groups to coordinate the development of the supply catalog and the standardization program with the best practices of industry and to obtain the fullest practicable cooperation and participation of industry in developing the supply catalog and the standardization program;
(5) establish, publish, review, and revise, within the Department of Defense, military specifications, standards, and lists of qualified products, and resolve differences between the military departments, bureaus, and services with respect to them;
(6) assign responsibility for parts of the cataloging and the standardization programs to the military departments, bureaus, and services within the Department of Defense, when practical and consistent with their capacity and interest in those supplies;
(7) establish time schedules for assignments made under clause (6); and
(8) make final decisions in all matters concerned with the cataloging and standardization programs.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2452 | 5:173c. | July 1, 1952, ch. 539, §5, |
In clause (1), the word "establish" is omitted as surplusage.
In clause (2), the words "provided for herein" and "its departments, bureaus, and services" are omitted as surplusage.
In clauses (2) and (3), the words "provide for" are omitted as surplusage.
In clause (4), the words "establish and" and "established by
In clause (5), the words "amend" and "promulgate" are omitted as surplusage.
In clause (6), the words "established by
Clause (7) is substituted for 5:173c(f) (last 11 words).
In clause (8), the word "programs" is substituted for the words "authority established in
Regulations Relating to Increases in Prices for Spare Parts and Replacement Equipment
"(a) Not later than 120 days after the date of the enactment of this Act [Sept. 24, 1983], the Secretary of Defense shall issue regulations which—
"(1) except as provided in clause (2), prohibit the purchase of any spare part or replacement equipment when the price of such part or equipment, since a time in the past specified by the Secretary (in terms of days or months) or since the most recent purchase of such part or equipment by the Department of Defense, has increased in price by a percentage in excess of a percentage threshold specified by the Secretary in such regulations, and
"(2) permit the purchase of such spare part or equipment (notwithstanding the prohibition contained in clause (1)) if the contracting officer for such part or equipment certifies in writing to the head of the procuring activity before the purchase is made that—
"(A) such officer has evaluated the price of such part or equipment and concluded that the increase in the price of such part or equipment is fair and reasonable, or
"(B) the national security interests of the United States require that such part or equipment be purchased despite the increase in price of such part or equipment.
"(b)(1) The Secretary shall publish the regulations issued under this section in the Federal Register.
"(2) The Secretary may provide in such regulations for the waiver of the prohibition in subsection (a)(1) and compliance with the requirements of subsection (a)(2) in the case of a purchase of any spare part or replacement equipment made or to be made through competitive procedures.
"(c) Not less than 30 days before the Secretary publishes such regulations in accordance with subsection (b), the Secretary shall submit the text of the proposed regulations to the Committees on Armed Services of the Senate and House of Representatives."
Report on Management of Acquisition of Spare Parts
§2453. Supply catalog: distribution and use
The Secretary of Defense shall distribute the parts of the supply catalog described in
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2453 | 5:173d. | July 1, 1952, ch. 539, §6, |
The words "and ready for use" and "all departments, bureaus, and services" are omitted as surplusage. The words "After replacement" are substituted for the word "Thereafter". The words "with respect to the kinds of items covered by that part" are inserted for clarity.
§2454. Supply catalog: new or obsolete items
(a) After any part of the supply catalog described in
(b) Obsolete items may be deleted from the catalog at any time.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2454(a) 2454(b) |
5:173e (less last 5 words of 1st proviso). 5:173e (last 5 words of 1st proviso). |
July 1, 1952, ch. 539, §7, |
In subsection (a), the words "After any part * * * is distributed" are substituted for the words "Following the publication and promulgation * * * or portions thereof". The words "and with respect to the kinds of items covered by that part" are inserted for clarity. The word "recurrent" is substituted for the word "repetitive". The words "the departments, bureaus, and services of" are omitted as surplusage. The second sentence of the revised subsection is substituted for 5:173e (1st proviso, less last 5 words; and 2d proviso).
In subsection (b), the words "at any time" are inserted for clarity.
[§2455. Repealed. Pub. L. 101–510, div. A, title XIII, §1322(a)(9), Nov. 5, 1990, 104 Stat. 1671 ]
Section, acts Aug. 10, 1956, ch. 1041,
§2456. Coordination with General Services Administration
To avoid unnecessary duplication, the Administrator of General Services and the Secretary of Defense shall coordinate the cataloging and standardization activities of the General Services Administration and the Department of Defense.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2456 | 5:173i. | July 1, 1952, ch. 539, §11, |
Cross References
Cataloging and standardization activities, coordination of Administrator of General Services with Secretary of Defense, see
§2457. Standardization of equipment with North Atlantic Treaty Organization members
(a) It is the policy of the United States to standardize equipment, including weapons systems, ammunition, and fuel, procured for the use of the armed forces of the United States stationed in Europe under the North Atlantic Treaty or at least to make that equipment interoperable with equipment of other members of the North Atlantic Treaty Organization. To carry out this policy, the Secretary of Defense shall—
(1) assess the costs and possible loss of nonnuclear combat effectiveness of the military forces of the members of the Organization caused by the failure of the members to standardize equipment;
(2) maintain a list of actions to be taken, including an evaluation of the priority and effect of the action, to standardize equipment that may improve the overall nonnuclear defense capability of the Organization or save resources for the Organization; and
(3) initiate and carry out, to the maximum extent feasible, procurement procedures to acquire standardized or interoperable equipment, considering the cost, function, quality, and availability of the equipment.
(b) Progress in realizing the objectives of standardization and interoperability would be enhanced by expanded inter-Allied procurement of arms and equipment within the North Atlantic Treaty Organization. Expanded inter-Allied procurement would be made easier by greater reliance on licensing and coproduction cooperative agreements among the signatories of the North Atlantic Treaty. If constructed to preserve the efficiencies associated with economies of scale, the agreements could minimize potential economic hardship to parties to the agreements and increase the survivability, in time of war, of the North Atlantic Alliance's armaments production base by dispersing manufacturing facilities. In conjunction with other members of the Organization and to the maximum extent feasible, the Secretary shall—
(1) identify areas in which those cooperative agreements may be made with members of the Alliance; and
(2) negotiate those agreements.
(c)(1) It is the sense of Congress that weapons systems being developed wholly or primarily for employment in the North Atlantic Treaty Organization theater should conform to a common Organization requirement in order to proceed toward joint doctrine and planning and to facilitate maximum feasible standardization and interoperability of equipment, and that a common Organization requirement should be understood to include a common definition of the military threat to the members of the Organization.
(2) It is further the sense of Congress that standardization of weapons and equipment within the Organization on the basis of a "two-way street" concept of cooperation in defense procurement between Europe and North America can only work in a realistic sense if the European nations operate on a united and collective basis. Therefore, the governments of Europe are encouraged to accelerate their present efforts to achieve European armaments collaboration among all European members of the Organization.
(d) Before February 1, 1989, and biennially thereafter, the Secretary shall submit a report to Congress that includes—
(1) each specific assessment and evaluation made and the results of each assessment and evaluation, and the results achieved with the members of the North Atlantic Treaty Organization, under subsections (a)(1) and (2) and (b);
(2) procurement action initiated on each new major system not complying with the policy of subsection (a);
(3) procurement action initiated on each new major system that is not standardized or interoperable with equipment of other members of the Organization, including a description of the system chosen and the reason for choosing that system;
(4) the identity of—
(A) each program of research and development for the armed forces of the United States stationed in Europe that supports, conforms, or both, to common Organization requirements of developing weapon systems for use by the Organization, including a common definition of the military threat to the Organization; and
(B) the common requirements of the Organization to which those programs conform or which they support;
(5) action of the Alliance toward common Organization requirements if none exist;
(6) efforts to establish a regular procedure and mechanism in the Organization to determine common military requirements;
(7) a description of each existing and planned program of the Department of Defense that supports the development or procurement of a weapon system or other military equipment originally developed or procured by members of the Organization other than the United States and for which funds have been authorized to be appropriated for the fiscal year in which the report is submitted, including a summary listing of the amount of funds—
(A) appropriated for those programs for the fiscal year in which the report is submitted; and
(B) requested, or proposed to be requested, for those programs for each of the 2 fiscal years following the fiscal year for which the report is submitted; and
(8) a description of each weapon system or other military equipment originally developed or procured in the United States and that is being developed or procured by members of the Organization other than the United States during the fiscal year for which the report is submitted.
(e) If the Secretary decides that procurement of equipment manufactured outside the United States is necessary to carry out the policy of subsection (a), the Secretary may determine under section 2 of the Buy American Act (
(f) The Secretary shall submit the results of each assessment and evaluation made under subsection (a)(1) and (2) to the appropriate North Atlantic Treaty Organization body to become an integral part of the overall Organization review of force goals and development of force plans.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2457(a) | 10:2451 (note). | Aug. 5, 1974, |
Oct. 7, 1975, |
||
2457(b) | 10:2451 (note). | July 14, 1976, |
2457(c) | 10:2451 (note). | July 14, 1976, |
2457(d) (words before (1)), (1) (related to (a)(1) and (2)) | 10:2451 (note). | Aug. 5, 1974, |
2457(d)(1) (related to (a)(3)) | 10:2451 (note). | July 14, 1976, |
2457(d)(2) | 10:2451 (note). | Oct. 7, 1975, |
2457(d)(3) | 10:2451 (note). | Oct. 7, 1975, |
2457(d) (4)–(6) | 10:2451 (note). | July 14, 1976, |
2457(d)(7), (8) | 10:2451 (note). | Aug. 5, 1974, |
2457(e) | 10:2451 (note). | Oct. 7, 1975, |
2457(f) | 10:2451 (note). | Aug. 5, 1974, |
In the introductory matter of subsection (a), before clause (1), the word "equipment" is substituted for "impedimenta" in section 302(c) of the Department of Defense Appropriation Authorization Act, 1975 (
In subsection (a)(1), the word "undertake" is omitted as surplus. The word "members" is substituted for "countries" for consistency. The words "including the United States" are omitted as unnecessary.
In subsection (a)(2), the words "The Secretary of Defense shall also" are omitted as unnecessary. The word "maintain" is substituted for "develop" because it is more appropriate.
In subsection (a)(3), the words "of other members of the North Atlantic Treaty Organization whenever such equipment is to be used by personnel of the Armed Forces of the United States stationed in Europe under the terms of the North Atlantic Treaty" are omitted as unnecessary because of the restatement. The words "Such procedures shall also take into . . . to be procured" are omitted as unnecessary. The text of section 814(a)(1) (4th, last sentences) is omitted as executed.
In subsection (b), the words "It is the sense of the Congress", "It is further the sense of Congress", "It is the Congress' considered judgment", "properly", "Accordingly", and "pursuant to these ends" are omitted as unnecessary.
In subsection (c)(1), the word "should" is substituted for "shall" for clarity.
In subsection (d)(1), the word "members" is substituted for "allies" for consistency. The words "The Secretary of Defense shall include in the report to the Congress required by section 302(c) of
In subsection (d)(2), the words "The report required under section 302(c) of
In subsection (d)(3), the words "he shall report that fact to the Congress in the annual report required under section 302(c) of
In subsection (d)(4), the words "The Secretary of Defense shall, in the reports required by section 302(c) of
In subsection (d)(5), the words "if none exist" are substituted for "In the absence of such common requirements" to eliminate unnecessary words. The words "the Secretary shall include a discussion of the" are omitted as unnecessary because of the restatement.
In subsection (d)(6), the words "The Secretary of Defense shall also report on" are omitted as unnecessary because of the restatement.
In subsection (d)(7), the words "those programs" are substituted for "all such existing and planned programs" and "all such programs" to eliminate unnecessary words.
In subsection (f), the words "The Secretary shall submit the results of these . . . to Congress" are omitted as unnecessary because of the source provisions restated in subsection (d)(1). The word "submit" is substituted for "cause to be brought" to eliminate unnecessary words. The words "in order that the suggested actions and recommendations can" are omitted as unnecessary because of the restatement.
Amendments
1996—Subsec. (e).
1990—Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§2458. Inventory management policies
(a)
(1) establish maximum levels for inventory items sufficient to achieve and maintain only those levels for inventory items necessary for the national defense;
(2) provide guidance to item managers and other appropriate officials on how effectively to eliminate wasteful practices in the acquisition and management of inventory items; and
(3) set forth a uniform system for the valuation of inventory items by the military departments and Defense Agencies.
(b)
(Added
Amendments
1991—Subsec. (a)(3).
Implementation of 1991 Amendment
Secretary of Defense to establish uniform system of valuation described in subsec. (a)(3) of this section not later than 180 days after Dec. 5, 1991, see section 347(c) of
Report on Inventory and Control of Military Equipment
"(a)
"(b)
"(1) For each item of military equipment in the inventory, stated by item nomenclature—
"(A) the quantity of the item in the inventory as of the beginning of the fiscal year;
"(B) the quantity of acquisitions of the item during the fiscal year;
"(C) the quantity of disposals of the item during the fiscal year;
"(D) the quantity of losses of the item during the performance of military missions during the fiscal year; and
"(E) the quantity of the item in the inventory as of the end of the fiscal year.
"(2) A reconciliation of the quantity of each item in the inventory as of the beginning of the fiscal year with the quantity of the item in the inventory as of the end of the fiscal year.
"(3) For each item of military equipment that cannot be reconciled—
"(A) an explanation of why the quantities cannot be reconciled; and
"(B) a discussion of the remedial actions planned to be taken, including target dates for accomplishing the remedial actions.
"(4) Supporting schedules identifying the location of each item that are available to Congress or auditors of the Comptroller General upon request.
"(c)
"(d)
Best Commercial Inventory Practices for Management of Secondary Supply Items
"(a)
"(b)
"(c)
"(2) Not later than 18 months after the date on which the Director of the Defense Logistics Agency submits to Congress a schedule for implementing best commercial inventory practices under section 395 of the National Defense Authorization Act for Fiscal Year 1998 (
Inventory Management of In-Transit Items
"(a)
"(b)
"(c)
"(1) The vulnerability of in-transit secondary items to loss through fraud, waste, and abuse.
"(2) Loss of oversight of in-transit secondary items, including any loss of oversight when items are being transported by commercial carriers.
"(3) Loss of accountability for in-transit secondary items due to either a delay of delivery of the items or a lack of notification of a delivery of the items.
"(d)
"(1) The actions to be taken by the Department.
"(2) Statements of objectives.
"(3) Performance measures and schedules.
"(4) An identification of any resources necessary for implementing the required actions, together with an estimate of the annual costs.
"(e)
"(2) The Comptroller General shall monitor any implementation of the plan and, not later than 1 year after the date referred to in paragraph (1), submit to Congress an assessment of the extent to which the plan has been implemented."
Inventory Management
"(a)
"(b)
"(1) Medical and pharmaceutical.
"(2) Subsistence.
"(3) Clothing and textiles.
"(4) Commercially available electronics.
"(5) Construction.
"(6) Industrial.
"(7) Automotive.
"(8) Fuel.
"(9) Facilities maintenance.
"(c)
"(d)
Direct Vendor Delivery System for Consumable Inventory Items of Department of Defense
"(a)
"(b)
"(1) Food and clothing.
"(2) Medical and pharmaceutical supplies.
"(3) Automotive, electrical, fuel, and construction supplies.
"(4) Other consumable inventory items the Secretary considers appropriate."
Date of Issuance of Policy
Section 323(b) of
CHAPTER 146 —CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS
Amendments
1999—
1997—
1996—
1994—
1992—
1991—
1989—
1988—
§2460. Definition of depot-level maintenance and repair
(a)
(b)
(2) The term also does not include the procurement of parts for safety modifications. However, the term does include the installation of parts for that purpose.
(Added
Amendments
1998—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§2461. Commercial or industrial type functions: required studies and reports before conversion to contractor performance
(a)
(b)
(A) The function to be analyzed for possible change.
(B) The location at which the function is performed by Department of Defense civilian employees.
(C) The number of civilian employee positions potentially affected.
(D) The anticipated length and cost of the analysis.
(E) A certification that a proposed performance of the commercial or industrial type function by persons who are not civilian employees of the Department of Defense is not a result of a decision by an official of a military department or Defense Agency to impose predetermined constraints or limitations on such employees in terms of man years, end strengths, full-time equivalent positions, or maximum number of employees.
(2) The duty to prepare a report under paragraph (1) may be delegated. A report prepared below the major command or claimant level of a military department, or below the equivalent level in a Defense Agency, pursuant to any such delegation shall be reviewed at the major command, claimant level, or equivalent level, as the case may be, before submission to Congress.
(3) An analysis of a commercial or industrial type function for possible change to performance by the private sector shall include the following:
(A) An examination of the cost of performance of the function by Department of Defense civilian employees and by one or more private contractors to demonstrate whether change to performance by the private sector will result in savings to the Government over the life of the contract, including in the examination the following:
(i) The cost to the Government, estimated by the Secretary of Defense (based on offers received), for performance of the function by the private sector.
(ii) The estimated cost to the Government of Department of Defense civilian employees performing the function.
(iii) In addition to the costs referred to in clause (i), an estimate of all other costs and expenditures that the Government would incur because of the award of such a contract.
(B) An examination of the potential economic effect of performance of the function by the private sector on the following:
(i) Employees of the Department of Defense who would be affected by such a change in performance.
(ii) The local community and the Government, if more than 50 employees of the Department of Defense perform the function.
(C) An examination of the effect of performance of the function by the private sector on the military mission associated with the performance of the function.
(4)(A) A representative individual or entity at a facility where a commercial or industrial type function is analyzed for possible change in performance may submit to the Secretary of Defense an objection to the analysis on the grounds that the report required by paragraph (1) has not been submitted or that the certification required by paragraph (1)(E) is not included in the report submitted as a condition for the analysis. The objection shall be in writing and shall be submitted within 90 days after the following date:
(i) In the case of a failure to submit the report when required, the date on which the representative individual or an official of the representative entity authorized to pose the objection first knew or should have known of that failure.
(ii) In the case of a failure to include the certification in a submitted report, the date on which the report was submitted to Congress.
(B) If the Secretary determines that the report required by paragraph (1) was not submitted or that the required certification was not included in the submitted report, the commercial or industrial type function covered by the analysis to which objected may not be the subject of a solicitation of offers for, or award of, a contract until, respectively, the report is submitted or a report containing the certification in full compliance with the certification requirement is submitted.
(c)
(A) An indication that the examinations required under subsection (b)(3) have been completed.
(B) The Secretary's certification that the Government calculation of the cost of performance of the function by Department of Defense civilian employees is based on an estimate of the most cost effective manner for performance of the function by Department of Defense civilian employees.
(C) The Secretary's certification that the examination required by subsection (b)(3)(A) as part of the analysis demonstrates that the performance of the function by the private sector will result in savings to the Government over the life of the contract.
(D) The Secretary's certification that the entire analysis is available for examination.
(E) A schedule for completing the change to performance of the function by the private sector.
(2) The change of the function to contractor performance may not begin until after the submission of the report required by this subsection.
(d)
(e)
(1) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act (
(2) is planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped persons in accordance with that Act.
(f)
(2) In no case may a commercial or industrial type function being performed by Department of Defense personnel be modified, reorganized, divided, or in any way changed for the purpose of exempting from the requirements of subsection (a) the change of all or any part of such function to performance by a private contractor.
(g)
(h)
(Added
Historical and Revision Notes
Section is based on
References in Text
The Javits-Wagner-O'Day Act, referred to in subsec. (e), is act June 25, 1938, ch. 697,
Amendments
1999—Subsec. (b)(3)(B)(ii).
1998—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsecs. (g), (h).
1997—Subsec. (a)(1).
Subsec. (b).
Subsec. (d).
1996—Subsec. (e)(1).
1989—Subsecs. (e) to (g).
Effective Date of 1998 Amendment
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Pilot Program for Commercial Services
"(a)
"(b)
"(1) Utilities and housekeeping services.
"(2) Education and training services.
"(3) Medical services.
"(c)
"(d)
"(e)
"(f)
"(2) The pilot program shall cover Department of Defense contracts for the procurement of commercial services designated by the Secretary under subsection (b) that are awarded or modified during the period of the pilot program, regardless of whether the contracts are performed during the period.
"(g)
"(A) prices paid by the Federal Government under contracts for commercial services covered by the pilot program;
"(B) the quality and timeliness of the services provided under such contracts; and
"(C) the extent of competition for such contracts.
"(2) The Secretary shall submit the report—
"(A) not later than 90 days after the end of the third full fiscal year for which the pilot program is in effect; or
"(B) if the period established for the pilot program under subsection (f)(1) does not cover three full fiscal years, not later than 90 days after the end of the designated period.
"(h)
Development of Standard Forms Regarding Performance Work Statement and Request for Proposal for Conversion of Certain Operational Functions of Military Installations
Section 389 of
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
"(h)
[
Private-Sector Operation of Certain Payroll, Finance, and Accounting Functions of Department of Defense; Plan; Report
Section 353(a) of
"(1) Not later than October 1, 1996, the Secretary of Defense shall submit to Congress a plan for the performance by private-sector sources of payroll functions for civilian employees of the Department of Defense other than employees paid from nonappropriated funds.
"(2)(A) The Secretary shall implement the plan referred to in paragraph (1) if the Secretary determines that the cost of performance by private-sector sources of the functions referred to in that paragraph does not exceed the cost of performance of those functions by employees of the Federal Government.
"(B) In computing the total cost of performance of such functions by employees of the Federal Government, the Secretary shall include the following:
"(i) Managerial and administrative costs.
"(ii) Personnel costs, including the cost of providing retirement benefits for such personnel.
"(iii) Costs associated with the provision of facilities and other support by Federal agencies.
"(C) The Defense Contract Audit Agency shall verify the costs computed for the Secretary under this paragraph by others.
"(3) At the same time the Secretary submits the plan required by paragraph (1), the Secretary shall submit to Congress a report on other accounting and finance functions of the Department that are appropriate for performance by private-sector sources."
Pilot Program for Private-Sector Operation of NAFI Functions
Section 353(b) of
"(1) The Secretary shall carry out a pilot program to test the performance by private-sector sources of payroll and other accounting and finance functions of nonappropriated fund instrumentalities and to evaluate the extent to which cost savings and efficiencies would result from the performance of such functions by those sources.
"(2) The payroll and other accounting and finance functions designated by the Secretary for performance by private-sector sources under the pilot program shall include at least one major payroll, accounting, or finance function.
"(3) To carry out the pilot program, the Secretary shall enter into discussions with private-sector sources for the purpose of developing a request for proposals to be issued for performance by those sources of functions designated by the Secretary under paragraph (2). The discussions shall be conducted on a schedule that accommodates issuance of a request for proposals within 60 days after the date of the enactment of this Act [Feb. 10, 1996].
"(4) A goal of the pilot program is to reduce by at least 25 percent the total costs incurred by the Department annually for the performance of a function referred to in paragraph (2) through the performance of that function by a private-sector source.
"(5) Before conducting the pilot program, the Secretary shall develop a plan for the program that addresses the following:
"(A) The purposes of the program.
"(B) The methodology, duration, and anticipated costs of the program, including the cost of an arrangement pursuant to which a private-sector source would receive an agreed-upon payment plus an additional negotiated amount not to exceed 50 percent of the dollar savings achieved in excess of the goal specified in paragraph (4).
"(C) A specific citation to any provisions of law, rule, or regulation that, if not waived, would prohibit the conduct of the program or any part of the program.
"(D) A mechanism to evaluate the program.
"(E) A provision for all payroll, accounting, and finance functions of nonappropriated fund instrumentalities of the Department of Defense to be performed by private-sector sources, if determined advisable on the basis of a final assessment of the results of the program.
"(6) The Secretary shall act through the Under Secretary of Defense (Comptroller) in the performance of the Secretary's responsibilities under this subsection."
Demonstration Program To Identify Overpayments Made to Vendors
Section 388(c) of
"(1) assess the success of the methods used in the demonstration program to identify overpayments made to vendors;
"(2) consider the types of overpayments identified and the feasibility of avoiding such overpayments through contract adjustments;
"(3) determine the total amount of overpayments recovered under the demonstration program; and
"(4) develop recommendations for improving the process by which overpayments are recovered by the Department of Defense."
Section 354 of
"(a)
"(b)
"(2) A contract under the demonstration program shall require the contractor to use data processing techniques that are generally used in audits of private-sector records similar to the records audited under the contract.
"(c)
"(1) Any payments to the vendor for costs that are not allowable under the terms of the purchase agreement or by law.
"(2) Any amounts not deducted from the total amount paid to the vendor under the purchase agreement that should have been deducted from that amount on account of goods and services provided to the vendor by the Department.
"(3) Duplicate payments.
"(4) Unauthorized charges.
"(5) Other discrepancies between the amount paid to the vendor and the amount actually due the vendor under the purchase agreement.
"(d)
"(2) The Secretary of Defense shall be solely responsible for notifying a vendor of an overpayment made to the vendor and identified under the demonstration program and for recovering the amount of the overpayment (and any applicable interest and penalties) from the vendor.
"(e)
Program for Improved Travel Process for Department of Defense
Section 356 of
"(a)
"(2) The program shall be conducted at not less than three and not more than six military installations, except that an installation may be the subject of only one test conducted under the program.
"(3) The Secretary shall act through the Under Secretary of Defense (Comptroller) in the performance of the Secretary's responsibilities under this section.
"(b)
"(A) implements the changes proposed to be made with respect to the Department of Defense travel process by the task force on travel management that was established by the Secretary in July 1994;
"(B) manages and uniformly applies that travel process (including the implemented changes) throughout the Department; and
"(C) provides opportunities for private-sector sources to provide travel reservation services and credit card services to facilitate that travel process.
"(2) The Secretary shall conduct a test at an installation referred to in subsection (a)(2) under which the Secretary—
"(A) enters into one or more contracts with a private-sector source pursuant to which the private-sector source manages the Department of Defense travel process (except for functions referred to in subparagraph (B)), provides for responsive, reasonably priced services as part of the travel process, and uniformly applies the travel process throughout the Department; and
"(B) provides for the performance by employees of the Department of only those travel functions, such as travel authorization, that the Secretary considers to be necessary to be performed by such employees.
"(3) Each test required by this subsection shall begin not later than 60 days after the date of the enactment of this Act [Feb. 10, 1996] and end two years after the date on which it began. Each such test shall also be conducted in accordance with the guidelines for travel management issued for the Department by the Under Secretary of Defense (Comptroller).
"(c)
"(1) The coordination, at the time of a travel reservation, of travel policy and cost estimates with the mission which necessitates the travel.
"(2) The use of fully integrated travel solutions envisioned by the travel reengineering report of the Department of Defense dated January 1995.
"(3) The coordination of credit card data and travel reservation data with cost estimate data.
"(4) The elimination of the need for multiple travel approvals through the coordination of such data with proposed travel plans.
"(5) A responsive and flexible management information system that enables the Under Secretary of Defense (Comptroller) to monitor travel expenses throughout the year, accurately plan travel budgets for future years, and assess, in the case of travel of an employee on temporary duty, the relationship between the cost of the travel and the value of the travel to the accomplishment of the mission which necessitates the travel.
"(d)
"(1) The purposes of the program, including the achievement of an objective of reducing by at least 50 percent the total cost incurred by the Department annually to manage the Department of Defense travel process.
"(2) The methodology and anticipated cost of the program, including the cost of an arrangement pursuant to which a private-sector source would receive an agreed-upon payment plus an additional negotiated amount that does not exceed 50 percent of the total amount saved in excess of the objective specified in paragraph (1).
"(3) A specific citation to any provision of law, rule, or regulation that, if not waived, would prohibit the conduct of the program or any part of the program.
"(4) The evaluation criteria established pursuant to subsection (c).
"(5) A provision for implementing throughout the Department the travel process determined to be the better option to effectively manage travel of Department personnel on the basis of a final assessment of the results of the program.
"(e)
Increased Reliance on Private-Sector Sources for Commercial Products and Services
Section 357 of
"(a)
"(1) the product or service can be provided adequately through such a source; and
"(2) an adequate competitive environment exists to provide for economical performance of the activity by such a source.
"(b)
"(2) A determination under paragraph (1) shall be made in accordance with regulations prescribed under subsection (c).
"(c)
"(d)
"(2) Not later than April 15, 1996, the Secretary shall transmit to the congressional defense committees [Committees on Armed Services and on Appropriations of the Senate and Committees on National Security and Appropriations of the House of Representatives] a report on opportunities for increased use of private-sector sources to provide commercial products and services for the Department.
"(3) The report required by paragraph (2) shall include the following:
"(A) A list of activities identified under paragraph (1) indicating, for each activity, whether the Secretary proposes to convert the performance of that activity to performance by private-sector sources and, if not, the reasons why.
"(B) An assessment of the advantages and disadvantages of using private-sector sources, rather than employees of the Department, to provide commercial products and services for the Department that are not essential to the warfighting mission of the Armed Forces.
"(C) A specification of all legislative and regulatory impediments to converting the performance of activities identified under paragraph (1) to performance by private-sector sources.
"(D) The views of the Secretary on the desirability of terminating the applicability of OMB Circular A–76 to the Department.
"(4) The Secretary shall carry out paragraph (1) in consultation with the Director of the Office of Management and Budget and the Comptroller General of the United States. In carrying out that paragraph, the Secretary shall consult with, and seek the views of, representatives of the private sector, including organizations representing small businesses."
§2462. Contracting for certain supplies and services required when cost is lower
(a)
(b)
(Added
Historical and Revision Notes
Section is based on
§2463. Collection and retention of cost information data on converted services and functions
(a)
(b)
(1) the estimated costs of continued performance of such activity by private contractor employees; and
(2) the costs of performance of such activity by civilian employees of the Department of Defense.
(c)
(Added
Historical and Revision Notes
Section is based on
Amendments
1997—
1990—Subsecs. (b), (c).
1989—Subsec. (b).
§2464. Core logistics capabilities
(a)
(2) The Secretary of Defense shall identify the core logistics capabilities described in paragraph (1) and the workload required to maintain those capabilities.
(3) The core logistics capabilities identified under paragraphs (1) and (2) shall include those capabilities that are necessary to maintain and repair the weapon systems and other military equipment (including mission-essential weapon systems or materiel not later than four years after achieving initial operational capability, but excluding systems and equipment under special access programs, nuclear aircraft carriers, and commercial items described in paragraph (5)) that are identified by the Secretary, in consultation with the Chairman of the Joint Chiefs of Staff, as necessary to enable the armed forces to fulfill the strategic and contingency plans prepared by the Chairman of the Joint Chiefs of Staff under
(4) The Secretary of Defense shall require the performance of core logistics workloads necessary to maintain the core logistics capabilities identified under paragraphs (1), (2), and (3) at Government-owned, Government-operated facilities of the Department of Defense (including Government-owned, Government-operated facilities of a military department) and shall assign such facilities sufficient workload to ensure cost efficiency and technical competence in peacetime while preserving the surge capacity and reconstitution capabilities necessary to support fully the strategic and contingency plans referred to in paragraph (3).
(5) The commercial items covered by paragraph (3) are commercial items that have been sold or leased in substantial quantities to the general public and are purchased without modification in the same form that they are sold in the commercial marketplace, or with minor modifications to meet Federal Government requirements.
(b)
(2) The Secretary of Defense may waive paragraph (1) in the case of any such logistics capability and provide that performance of the workload needed to maintain that capability shall be considered for conversion to contractor performance in accordance with OMB Circular A–76. Any such waiver shall be made under regulations prescribed by the Secretary and shall be based on a determination by the Secretary that Government performance of the workload is no longer required for national defense reasons. Such regulations shall include criteria for determining whether Government performance of any such workload is no longer required for national defense reasons.
(3)(A) A waiver under paragraph (2) may not take effect until the expiration of the first period of 30 days of continuous session of Congress that begins on or after the date on which the Secretary submits a report on the waiver to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(B) For the purposes of subparagraph (A)—
(i) continuity of session is broken only by an adjournment of Congress sine die; and
(ii) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.
(c)
(1) The estimated percentage of commonality of parts of the version of the item that is sold or leased in the commercial marketplace and the Government's version of the item.
(2) The value of any unique support and test equipment and tools that are necessary to support the military requirements if the item were maintained by the Government.
(3) A comparison of the estimated life cycle logistics support costs that would be incurred by the Government if the item were maintained by the private sector with the estimated life cycle logistics support costs that would be incurred by the Government if the item were maintained by the Government.
(Added
Historical and Revision Notes
Section is based on
Amendments
1999—Subsec. (b)(3)(A).
1998—Subsec. (c).
1997—
1996—Subsec. (b)(3), (4).
"(3) A waiver under paragraph (2) may not take effect until—
"(A) the Secretary submits a report on the waiver to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives; and
"(B) a period of 20 days of continuous session of Congress or 40 calendar days has passed after the receipt of the report by those committees.
"(4) For purposes of paragraph (3)(B), the continuity of a session of Congress is broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such 20-day period."
1989—Subsec. (b)(3)(A).
Effective Date of 1998 Amendment
Conditions on Expansion of Functions Performed Under Prime Vendor Contracts for Depot-Level Maintenance and Repair
"(a)
"(1) describes the competitive procedures to be used to award the prime vendor contract;
"(2) contains an analysis of costs and benefits that demonstrates that use of the prime vendor contract will result in savings to the Government over the life of the contract;
"(3) contains an analysis of the extent to which the contract conforms to the requirements of
"(4) describes the measures taken to ensure that the contract does not violate the core logistics policies, requirements, and restrictions set forth in section 2464 of that title.
"(b)
"(1) The term 'prime vendor contract' means an innovative contract that gives a defense contractor the responsibility to manage, store, and distribute inventory, manage and provide services, or manage and perform research, on behalf of the Department of Defense on a frequent, regular basis, for users within the Department on request. The term includes contracts commonly referred to as prime vendor support contracts, flexible sustainment contracts, and direct vendor delivery contracts.
"(2) The term 'depot-level maintenance and repair' has the meaning given such term in
"(c)
Policy Regarding Performance of Depot-Level Maintenance and Repair for Department of Defense
Section 311 of
"(a)
"(1) The Department of Defense does not have a comprehensive policy regarding the performance of depot-level maintenance and repair of military equipment.
"(2) The absence of such a policy has caused the Congress to establish guidelines for the performance of such functions.
"(3) It is essential to the national security of the United States that the Department of Defense maintain an organic capability within the department, including skilled personnel, technical competencies, equipment, and facilities, to perform depot-level maintenance and repair of military equipment in order to ensure that the Armed Forces of the United States are able to meet training, operational, mobilization, and emergency requirements without impediment.
"(4) The organic capability of the Department of Defense to perform depot-level maintenance and repair of military equipment must satisfy known and anticipated core maintenance and repair requirements across the full range of peacetime and wartime scenarios.
"(5) Although it is possible that savings can be achieved by contracting with private-sector sources for the performance of some work currently performed by Department of Defense depots, the Department of Defense has not determined the type or amount of work that should be performed under contract with private-sector sources nor the relative costs and benefits of contracting for the performance of such work by those sources.
"(b)
"(c)
"(d)
"(1) Identify for each military department, with the concurrence of the Secretary of that military department, those depot-level maintenance and repair activities that are necessary to ensure the depot-level maintenance and repair capability as required by
"(2) Provide for performance of core depot-level maintenance and repair capabilities in facilities owned and operated by the United States.
"(3) Provide for the core capabilities to include sufficient skilled personnel, equipment, and facilities that—
"(A) is of the proper size (i) to ensure a ready and controlled source of technical competence and repair and maintenance capability necessary to meet the requirements of the National Military Strategy and other requirements for responding to mobilizations and military contingencies, and (ii) to provide for rapid augmentation in time of emergency; and
"(B) is assigned sufficient workload to ensure cost efficiency and technical proficiency in time of peace.
"(4) Address environmental liability.
"(5) In the case of depot-level maintenance and repair workloads in excess of the workload required to be performed by Department of Defense depots, provide for competition for those workloads between public and private entities when there is sufficient potential for realizing cost savings based on adequate private-sector competition and technical capabilities.
"(6) Address issues concerning exchange of technical data between the Federal Government and the private sector.
"(7) Provide for, in the Secretary's discretion and after consultation with the Secretaries of the military departments, the transfer from one military department to another, in accordance with merit-based selection processes, workload that supports the core depot-level maintenance and repair capabilities in facilities owned and operated by the United States.
"(8) Require that, in any competition for a workload (whether among private-sector sources or between depot-level activities of the Department of Defense and private-sector sources), bids are evaluated under a methodology that ensures that appropriate costs to the Government and the private sector are identified.
"(9) Provide for the performance of maintenance and repair for any new weapons systems defined as core, under
"(e)
"(1) The national security interests of the United States.
"(2) The capabilities of the public depots and the capabilities of businesses in the private sector to perform the maintenance and repair work required by the Department of Defense.
"(3) Any applicable recommendations of the Defense Base Closure and Realignment Commission that are required to be implemented under the Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of
"(4) The extent to which the readiness of the Armed Forces would be affected by a necessity to construct new facilities to accommodate any redistribution of depot-level maintenance and repair workloads that is made in accordance with the recommendation of the Defense Base Closure and Realignment Commission, under the Defense Base Closure and Realignment Act of 1990, that such workloads be consolidated at Department of Defense depots or private-sector facilities.
"(5) Analyses of costs and benefits of alternatives, including a comparative analysis of—
"(A) the costs and benefits, including any readiness implications, of any proposed policy to convert to contractor performance of depot-level maintenance and repair workloads where the workload is being performed by Department of Defense personnel; and
"(B) the costs and benefits, including any readiness implications, of a policy to transfer depot-level maintenance and repair workloads among depots.
"[(f), (g) Repealed.
"(h)
"(2) Not later than 45 days after the date on which the Secretary submits to Congress the report required by subsection (c), the Comptroller General shall transmit to Congress a report containing a detailed analysis of the Secretary's proposed policy as reported under such subsection.
"(i)
"(1) An analysis of the need for and effect of the requirement under
"(2) An analysis of the distribution during the five fiscal years ending with fiscal year 1995 of the depot-level maintenance and repair workload of the Department of Defense between depot-level activities of the Department of Defense and non-Government personnel, measured by direct labor hours and by amounts expended, and displayed, for that five-year period and for each year of that period, so as to show (for each military department (and separately for the Navy and Marine Corps)) such distribution.
"(3) A projection of the distribution during the five fiscal years beginning with fiscal year 1997 of the depot-level maintenance and repair workload of the Department of Defense between depot-level activities of the Department of Defense and non-Government personnel, measured by direct labor hours and by amounts expended, and displayed, for that five-year period and for each year of that period, so as to show (for each military department (and separately for the Navy and Marine Corps)) such distribution that would be accomplished under a new policy as required under subsection (c).
"(j)
"(2) Not later than 45 days after the date on which the Secretary of Defense submits to Congress the report required under subsection (i), the Comptroller General shall transmit to Congress a report containing a detailed analysis of the report submitted under that subsection."
Section Referred to in Other Sections
This section is referred to in
§2465. Prohibition on contracts for performance of firefighting or security-guard functions
(a) Except as provided in subsection (b), funds appropriated to the Department of Defense may not be obligated or expended for the purpose of entering into a contract for the performance of firefighting or security-guard functions at any military installation or facility.
(b) The prohibition in subsection (a) does not apply—
(1) to a contract to be carried out at a location outside the United States (including its commonwealths, territories, and possessions) at which members of the armed forces would have to be used for the performance of a function described in subsection (a) at the expense of unit readiness;
(2) to a contract to be carried out on a Government-owned but privately operated installation; or
(3) to a contract (or the renewal of a contract) for the performance of a function under contract on September 24, 1983.
(Added
Amendments
1996—Subsec. (b)(3).
1988—
1987—
§2466. Limitations on the performance of depot-level maintenance of materiel
(a)
[(b) Renumbered §2472(a)]
(c)
(d)
(e)
(2) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that are projected to be expended during each of the next five fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section.
(3) Not later than 60 days after the date on which the Secretary submits a report under this subsection, the Comptroller General shall submit to Congress the Comptroller General's views on whether—
(A) in the case of a report under paragraph (1), the Department of Defense has complied with the requirements of subsection (a) for the fiscal years covered by the report; and
(B) in the case of a report under paragraph (2), the expenditure projections for future fiscal years are reasonable.
(Added
Amendments
1999—Subsec. (e).
"(1) Not later than February 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding fiscal year for performance of depot-level maintenance and repair workloads by the public and private sectors as required by
"(2) Not later than 90 days after the date on which the Secretary submits the annual report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General's views on whether the Department of Defense has complied with the requirements of subsection (a) for the fiscal year covered by the report."
1997—
Subsec. (a).
Subsec. (e).
1996—
Subsec. (b).
1994—Subsec. (a).
"(1) Except as provided in paragraph (2), the Secretary of a military department and, with respect to a Defense Agency, the Secretary of Defense, may not contract for the performance by non-Federal Government personnel of more than 40 percent of the depot-level maintenance workload for the military department or the Defense Agency.
"(2) The Secretary of the Army shall provide for the performance by employees of the Department of Defense of not less than the following percentages of Army aviation depot-level maintenance workload:
"(A) For fiscal year 1993, 50 percent.
"(B) For fiscal year 1994, 55 percent.
"(C) For fiscal year 1995, 60 percent."
Subsec. (b).
Subsec. (e).
"(1) Not later than January 15, 1992, and January 15, 1993, the Secretary of the Army and the Secretary of the Air Force shall jointly submit to Congress a report describing the progress during the preceding fiscal year to achieve and maintain the percentage of depot-level maintenance required to be performed by employees of the Department of Defense pursuant to subsection (a).
"(2) Not later than January 15, 1994, the Secretary of each military department and the Secretary of Defense, with respect to the Defense Agencies, shall jointly submit to Congress a report described in paragraph (1)."
1992—Subsec. (a).
Subsec. (c).
Subsec. (e).
1991—
"(1) between or among maintenance activities of the Department of the Army and the Department of the Air Force; or
"(2) between a maintenance activity of either such department and a private contractor."
1989—
Congressional Findings
Section 331 of
"(1) By providing the Armed Forces with a critical capacity to respond to the needs of the Armed Forces for depot-level maintenance and repair of weapon systems and equipment, the depot-level maintenance and repair activities of the Department of Defense play an essential role in maintaining the readiness of the Armed Forces.
"(2) It is appropriate for the capability of the depot-level maintenance and repair activities of the Department of Defense to perform maintenance and repair of weapon systems and equipment to be based on policies that take into consideration the readiness, mobilization, and deployment requirements of the military departments.
"(3) It is appropriate for the management of employees of the depot-level maintenance and repair activities of the Department of Defense to be based on the amount of workload necessary to be performed by such activities to maintain the readiness of the weapon systems and equipment of the military departments and on the funds made available for the performance of such workload."
Reutilization Initiative for Depot-Level Activities
Section 337 of
"(a)
"(1) demonstrating commercial uses of the depot-level activities that are related to the principal mission of the depot-level activities;
"(2) preserving employment and skills of employees currently employed by the depot-level activities or providing for the reemployment and retraining of employees who, as the result of the closure, realignment, or reduced in-house workload of such activities, may become unemployed; and
"(3) supporting the goals of other defense conversion, reinvestment, and transition assistance programs while also allowing the depot-level activities to remain in operation to continue to perform their defense readiness mission.
"(b)
"(1) do not interfere with the closure or realignment of a depot-level activity of the military departments under a base closure law; and
"(2) do not adversely affect the readiness or primary mission of a participating depot-level activity."
Continuation of Percentage Limitations on Performance of Depot-Level Maintenance
Effect of 1992 Amendments on Existing Contracts
Section 352(d) of
Prohibition on Cancellation of Contracts in Effect on December 5, 1991
Section 314(a)(3) of
Competition Pilot Program; Review and Report
Section 314(b)–(d) of
"[(b) Repealed.
"(c)
"(d)
"(1) containing a five-year strategy of the Department of Defense to use competitive procedures for the selection of entities to perform depot maintenance workloads; and
"(2) describing the cost savings anticipated through the use of those procedures."
Pilot Program for Depot Maintenance Workload Competition
§2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison
(a)
(2) The retirement system costs of the Department of Defense shall include (to the extent applicable) the following:
(A) The cost of the Federal Employees' Retirement System, valued by using the normal-cost percentage (as defined by
(B) The cost of the Civil Service Retirement System under subchapter III of
(C) The cost of the thrift savings plan under subchapter III of
(D) The cost of the old age, survivors, and disability insurance taxes imposed under section 3111(a) of the Internal Revenue Code of 1986.
(3) The retirement system costs of the contractor shall include the cost of the old age, survivors, and disability insurance taxes imposed under section 3111(a) of the Internal Revenue Code of 1986, the cost of thrift or other retirement savings plans, and other relevant retirement costs.
(b)
(A) shall, at least monthly during the development and preparation of the performance work statement and the management efficiency study used in making that determination, consult with civilian employees who will be affected by that determination and consider the views of such employees on the development and preparation of that statement and that study; and
(B) may consult with such employees on other matters relating to that determination.
(2)(A) In the case of employees represented by a labor organization accorded exclusive recognition under
(B) In the case of employees other than employees referred to in subparagraph (A), consultation with appropriate representatives of those employees shall satisfy the consultation requirement in paragraph (1).
(3) The Secretary of Defense shall prescribe regulations to carry out this subsection. The regulations shall include provisions for the selection or designation of appropriate representatives of employees referred to in paragraph (2)(B) for purposes of consultation required by paragraph (1).
(c)
(2) The report shall also include the following:
(A) The total number of civilian employees or military personnel currently performing the function to be converted to contractor performance.
(B) A description of the competitive procedure used to award a contract for contractor performance of the commercial activity.
(C) The anticipated savings to result from the waiver and resulting conversion to contractor performance.
(Added
References in Text
Section 3111(a) of the Internal Revenue Code of 1986, referred to in subsec. (a)(2)(D), (3), is classified to
Amendments
1999—
Subsec. (c).
§2468. Military installations: authority of base commanders over contracting for commercial activities
(a)
(b)
(1) prepare an inventory for that fiscal year of commercial activities carried out by Government personnel on the military installation;
(2) decide which commercial activities shall be reviewed under the procedures and requirements of Office of Management and Budget Circular A–76 (or any successor administrative regulation or policy); and
(3) conduct a solicitation for contracts for the performance of those commercial activities selected for conversion to contractor performance under the Circular A–76 process.
(c)
(2) The authority and responsibility provided under subsection (a) are subject to the authority, direction, and control of the Secretary.
(d)
(e)
(f)
(Added
Amendments
1994—Subsec. (f).
1993—Subsec. (f).
1991—Subsec. (f).
1990—Subsec. (f).
Effective Date of 1991 Amendment
Section 315(b) of
Effective Date
Section 1131(b) of
Public Availability of Operating Agreements Between Military Installations and Financial Institutions
§2469. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition
(a)
(1) merit-based selection procedures for competitions among all depot-level activities of the Department of Defense; or
(2) competitive procedures for competitions among private and public sector entities.
(b)
(c)
(Added
Amendments
1999—Subsec. (b).
1997—
Subsecs. (a), (b).
1996—
1994—
"(a)
"(b)
1993—
§2469a. Use of competitive procedures in contracting for performance of depot-level maintenance and repair workloads formerly performed at certain military installations
(a)
(1) The term "closed or realigned military installation" means a military installation where a depot-level maintenance and repair facility was approved in 1995 for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(2) The term "military installation" includes a former military installation that was a military installation when it was approved in 1995 for closure or realignment under the Defense Base Closure and Realignment Act of 1990 and that has been closed or realigned under the Act.
(3) The terms "realignment" and "realigned" mean a decision under the Defense Base Closure and Realignment Act of 1990 that results in both a reduction and relocation of functions and civilian personnel positions.
(b)
(1) was performed as of January 1, 1997, at a military installation that was approved in 1995 for closure or realignment under the Defense Base Closure and Realignment Act of 1990 and that has been closed or realigned under the Act; and
(2) is proposed to be converted from performance by Department of Defense personnel to performance by a private sector source.
(c)
(1) a depot-level maintenance and repair workload that is to be consolidated to another military installation (other than a closed or realigned military installation) as a result of a base closure or realignment action or a decision made by the Secretary concerned or the Defense Depot Maintenance Council;
(2) a workload necessary to maintain a core logistics capability identified under
(3) any contract originally entered into before November 18, 1997.
(d)
(1) The source selection process used in the case of the solicitation and contract permits the consideration of offers submitted by private sector sources and offers submitted by public sector sources.
(2) The source selection process used in the case of the solicitation and contract requires that, in the comparison of offers, there be taken into account—
(A) the fair market value (or if fair market value cannot be determined, the estimated book value) of any land, plant, or equipment from a military installation that is proposed by a private offeror to be used to meet a specific workload (whether these assets are provided to the offeror by a local redevelopment authority or by any other source approved by an official of the Department of Defense); and
(B) the total estimated direct and indirect costs that will be incurred by the Department of Defense and the total estimated direct and indirect savings (including overhead) that will be derived by the Department of Defense.
(3) The cost standards used to determine the depreciation of facilities and equipment shall, to the maximum extent practicable, provide identical treatment to all public and private sector offerors.
(4) Any offeror, whether public or private, may offer to perform the workload at any location or locations selected by the offeror and to team with any other public or private entity to perform that workload at one or more locations, including a Center of Industrial and Technical Excellence designated under
(5) No offeror may be given any preferential consideration for, or in any way be limited to, performing the workload in-place or at any other single location.
(e)
(A) the Secretary of Defense determines in writing that the individual workloads cannot as logically and economically be performed without combination by sources that are potentially qualified to submit an offer and to be awarded a contract to perform those individual workloads;
(B) the Secretary submits to Congress a report setting forth the determination together with the reasons for the determination; and
(C) the solicitation of offers for the contract is issued more than 60 days after the date on which the Secretary submits the report.
(2) The Comptroller General shall review each report submitted under paragraph (1)(B) and, not later than 30 days after the report is submitted to Congress, shall submit to Congress the Comptroller General's views regarding the determination of the Secretary that is set forth in the report, together with any other findings that the Comptroller General considers appropriate.
(f)
(g)
(1) within 45 days after the issuance of the solicitation, review the solicitation and report to Congress on whether the solicitation—
(A) provides substantially equal opportunity for public and private offerors to compete for the contract without regard to the location at which the workload is to be performed; and
(B) is in compliance with the requirements of this section and all applicable provisions of law and regulations; and
(2) within 45 days after any contract or award resulting from the solicitation is entered into or made, review the contract or award, including the contracting or award process, and report to Congress on whether—
(A) the procedures used to conduct the competition—
(i) provided substantially equal opportunity for public and private offerors to compete for the contract without regard to the location at which the workload is to be performed; and
(ii) were in compliance with the requirements of this section and all applicable provisions of law and regulations;
(B) appropriate consideration was given to factors other than cost in the selection of the source for performance of the workload; and
(C) the contract or award resulted in the lowest total cost to the Department of Defense for performance of the workload.
(h)
(i)
(Added
Amendments
1999—Subsec. (c)(3).
Subsec. (i).
Limitation Relating to Timing of Solicitation
Section 359(b) of
"(1) The date on which the Secretary of Defense publishes and submits to Congress a plan or Department of Defense directive that sets forth the specific procedures for the conduct of competitions among private and public sector entities for such depot-level maintenance and repair workloads.
"(2) The date on which the Secretary of Defense submits to Congress the report on allocation of workloads required under subsection (c) [set out below].
"(3) The date on which the Comptroller General is required to submit the report to Congress under subsection (d) [
Report of Allocation of Workload
Section 359(c) of
"(1) the workloads that are considered to be core logistics functions under section 2464 of such title;
"(2) the workloads that are proposed to be transferred to a military installation other than a closed or realigned military installation;
"(3) the workloads that are proposed to be included in the public-private competitions carried out under section 2469a of such title, and, if any of such workloads are to be combined for purposes of such a competition, the reasons for combining the workloads, together with a description of how the workloads are to be combined;
"(4) any workload that has been determined within the Department of Defense as no longer being necessary;
"(5) the proposed schedule for implementing the allocations covered by the report; and
"(6) the anticipated capacity utilization of the military installations and former military installations to which workloads are to be transferred, based on the maximum potential capacity certified to the 1995 Defense Base Closure and Realignment Commission, after the transfers are completed (not taking into account any workloads that may be transferred as a result of a public-private competition carried out under section 2469a of such title, as described in paragraph (3))."
§2470. Depot-level activities of the Department of Defense: authority to compete for maintenance and repair workloads of other Federal agencies
A depot-level activity of the Department of Defense shall be eligible to compete for the performance of any depot-level maintenance and repair workload of a Federal agency for which competitive procedures are used to select the entity to perform the workload.
(Added
§2471. Persons outside the Department of Defense: lease of excess depot-level equipment and facilities by
(a)
(b)
(1) the lease of any such equipment or facilities will not have a significant adverse effect on the readiness of the armed forces, as determined by the Secretary concerned;
(2) the person leasing such equipment or facilities agrees to reimburse the Department of Defense for the costs (both direct and indirect costs, including any rental costs, as determined by the Secretary concerned) attributable to the lease of such equipment or facilities;
(3) the person leasing such equipment or facilities agrees to hold harmless and indemnify the United States, except in cases of willful conduct or gross negligence, from any claim for damages or injury to any person or property arising out of the lease of such equipment or facilities; and
(4) the person leasing such equipment or facilities agrees to hold harmless and indemnify the United States from any liability or claim for damages or injury to any person or property arising out of a decision by the Secretary concerned to suspend or terminate the lease during a war or national emergency.
(c)
(Added
Amendments
1997—Subsec. (c).
"(c)
1996—Subsec. (b)(2).
Subsec. (b)(3).
Section Referred to in Other Sections
This section is referred to in
§2472. Management of depot employees
(a)
(b)
(Added and amended
Codification
The text of
Amendments
1999—Subsec. (b).
1997—Subsec. (a).
1996—Subsec. (a).
Submission of Initial Report
Section 312(c) of
§2473. Procurements from the small arms production industrial base
(a)
(b)
(1) Critical repair parts for small arms, consisting only of barrels, receivers, and bolts.
(2) Modifications of such parts to improve small arms used by the armed forces.
(c)
(d)
(1) M16 series rifle.
(2) MK19 grenade machine gun.
(3) M4 series carbine.
(4) M240 series machine gun.
(5) M249 squad automatic weapon.
(e)
(Added
Amendments
1999—Subsec. (b)(1).
Subsec. (b)(2).
1998—Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (e).
Extension of Requirements of Section 2473 to Small Arms
"(e)
"(f)
§2474. Centers of Industrial and Technical Excellence: designation; public-private partnerships
(a)
(2) The Secretary shall establish a policy to encourage the Secretary of each military department and the head of each Defense Agency to reengineer industrial processes and adopt best-business practices at their depot-level activities in connection with their core competency requirements, so as to serve as recognized leaders in their core competencies throughout the Department of Defense and in the national technology and industrial base (as defined in
(3) The Secretary of a military department may conduct a pilot program, consistent with applicable requirements of law, to test any practices referred to in paragraph (2) that the Secretary determines could improve the efficiency and effectiveness of depot-level operations, improve the support provided by depot-level activities for the armed forces user of the services of such activities, and enhance readiness by reducing the time that it takes to repair equipment.
(b)
(c)
(d)
(Added
Reporting Requirement
Section 361(c) of
"(1) the details of any public-private partnerships entered into as of that date under subsection (b) of such section;
"(2) the details of any leases entered into as of that date under section 2471 of such title with authorized entities for dual-use (military and nonmilitary) purposes; and
"(3) the effect that the partnerships and leases had on capacity utilization, depot rate structures, and readiness."
Section Referred to in Other Sections
This section is referred to in
CHAPTER 147 —COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES
Amendments
1998—
1997—
1996—
1993—
1992—
1990—
1988—
1987—
1986—
1985—
1984—
Cross References
Particular provisions relating to—
Air Force, see
Army, see
Property records, basis and reports, see
[§2481. Renumbered §2686]
§2482. Commissary stores: operation
(a)
(b)
(2) A commissary store operated by a nonappropriated fund instrumentality of the Department of Defense shall be operated in accordance with
(c)
(2) The Secretary of Defense shall determine the membership of the governing board, which shall include, at a minimum, appropriate representatives from each military department.
(3) The governing board shall be accountable only to the Secretary of Defense and to the civilian officer of the Department of Defense who is assigned the responsibility for the overall supervision of the Defense Commissary Agency pursuant to
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2482 | [Uncodified]. | Aug. 1, 1953, ch. 305, §624 (last proviso), |
This section is codified as permanent law on the basis of an opinion of the Assistant General Counsel (Fiscal Matters), Department of Defense, dated September 28, 1954. The words "and privately owned organizations" are omitted as surplusage since under
Amendments
1998—Subsec. (b)(1).
Subsec. (c).
1996—
Subsec. (b)(1).
1988—
Effective Date of 1998 Amendment
Prohibition on Consolidation or Other Organizational Changes of Department of Defense Retail Systems
"(a)
"(b)
"(c)
Demonstration Program for Operation of Certain Commissary Stores by Nonappropriated Fund Instrumentalities
"(a)
"(2) Under the program referred to in paragraph (1), the Secretary of Defense shall select nonappropriated fund instrumentalities to operate commissary stores located at military installations selected by the Secretary under subsection (b).
"(b)
"(c)
"(2) Except as provided in paragraph (3), the Secretary of Defense may, subject to such section, authorize a transfer of goods, supplies, and facilities of, and funds appropriated for, the Defense Commissary Agency to the nonappropriated fund instrumentalities selected under subsection (a)(2) for the purpose of operating combined exchange and commissary stores under such program.
"(3) Appropriated funds may not be used pursuant to such section to pay costs associated with the direct support and operation of combined exchange and commissary stores under such program.
"(d)
"(e)
"(f)
Cross References
Naval commissary stores, see
§2482a. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide and obtain goods and services
An agency or instrumentality of the Department of Defense that supports the operation of the exchange system, or the operation of a morale, welfare, and recreation system, of the Department of Defense may enter into a contract or other agreement with another element of the Department of Defense or with another Federal department, agency, or instrumentality to provide or obtain goods and services beneficial to the efficient management and operation of the exchange system or that morale, welfare, and recreation system.
(Added
[§2483. Renumbered §2867]
§2484. Commissary stores: expenses
(a) Except to the extent authorized in regulations prescribed by the Secretary of a military department and approved by the Secretary of Defense and except as provided in subsection (b), funds available to the Department of Defense may not be used to pay, in connection with the operation of any commissary store—
(1) the cost of purchases (including commercial transportation in the United States to the place of sale) and the cost of maintenance of operating equipment and supplies;
(2) the actual or estimated cost of utilities furnished by the United States;
(3) the actual or estimated cost of shrinkage, spoilage, and pilferage of merchandise under the control of the commissary store; or
(4) costs incurred in connection with obtaining the face value amount of manufacturer or vendor cents-off discount coupons by the commissary store (or other entity acting on behalf of the commissary store).
(b) Appropriated funds may be used to pay any costs described in subsection (a) but only to the extent that appropriation accounts used to pay such costs are reimbursed for the payment of such costs, including, in the case of any costs incurred in connection with discount coupons referred to in subsection (a)(4), all fees or moneys received for handling or processing such coupons. The sales prices in commissary stores shall be adjusted to the extent necessary to provide sufficient gross revenues from the sales of such stores to make such reimbursements. Such adjustments shall be made under regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense.
(c) Under regulations prescribed by the Secretary of Defense, utilities may be furnished without cost to a commissary store outside the United States or in Alaska or Hawaii.
(d) Transportation outside the United States may be furnished in connection with the operation of commissary stores outside the United States.
(Added
Prior Provisions
Provisions similar to those in this section were contained in the following appropriation acts:
Oct. 12, 1984,
Dec. 8, 1983,
Dec. 21, 1982,
Dec. 29, 1981,
Dec. 15, 1980,
Dec. 21, 1979,
Oct. 13, 1978,
Sept. 21, 1977,
Sept. 22, 1976,
Feb. 9, 1976,
Oct. 8, 1974,
Jan. 2, 1974,
Oct. 26, 1972,
Dec. 18, 1971,
Jan. 11, 1971,
Dec. 29, 1969,
Oct. 17, 1968,
Sept. 29, 1967,
Oct. 15, 1966,
Sept. 29, 1965,
Aug. 19, 1964,
Oct. 17, 1963,
Aug. 9, 1962,
Aug. 17, 1961,
July 7, 1960,
Aug. 18, 1959,
Aug. 22, 1958,
Aug. 2, 1957,
July 2, 1956, ch. 488, title VI, §614,
July 13, 1955, ch. 358, title VI, §617,
June 30, 1954, ch. 432, title VII, §717,
Aug. 1, 1953, ch. 305, title VI, §624,
July 10, 1952, ch. 630, title VI, §627,
Oct. 18, 1951, ch. 512, title VI, §628,
Effective Date
Section effective Oct. 1, 1985, see section 1404 of
Section Referred to in Other Sections
This section is referred to in
§2485. Donation of unusable food: commissary stores and other activities
(a) The Secretary of Defense may donate food described in subsection (b) to entities specified under subsection (d).
(b) Food that may be donated under this section is commissary store food, mess food, meals ready-to-eat (MREs), rations known as humanitarian daily rations (HDRs), and other food available to the Secretary of Defense that—
(1) is certified as edible by appropriate food inspection technicians;
(2) would otherwise be destroyed as unusable; and
(3) in the case of commissary store food, is unmarketable and unsaleable.
(c) In the case of commissary store food, a donation under this section shall take place at the site of the commissary that is donating the food.
(d) A donation under this section may only be made to an entity that is one of the following:
(1) A charitable nonprofit food bank that is designated by the Secretary of Defense or the Secretary of Health and Human Services as authorized to receive such donations.
(2) A State or local agency that is designated by the Secretary of Defense or the Secretary of Health and Human Services as authorized to receive such donations.
(3) A chapter or other local unit of a recognized national veterans organization that provides services to persons without adequate shelter and is designated by the Secretary of Veterans Affairs as authorized to receive such donations.
(4) A not-for-profit organization that provides care for homeless veterans and is designated by the Secretary of Veterans Affairs as authorized to receive such donations.
(e) This section does not authorize any service (including transportation) to be provided in connection with a donation under this section.
(Added
Amendments
1996—Subsec. (a).
Subsec. (b).
Subsec. (d).
1990—
Subsec. (a).
Subsec. (b).
"(1) that is—
"(A) unmarketable;
"(B) unsaleable; and
"(C) certified as edible by appropriate food inspection technicians; and
"(2) that would otherwise be destroyed as unusable."
Subsec. (c).
§2486. Commissary stores: merchandise that may be sold; uniform surcharges and pricing
(a)
(b)
(1) Health and beauty aids.
(2) Meat and poultry.
(3) Fish and seafood.
(4) Produce.
(5) Food and non-food grocery items.
(6) Bakery goods.
(7) Dairy products.
(8) Tobacco products.
(9) Delicatessen items.
(10) Frozen foods.
(11) Such other merchandise categories as the Secretary of Defense may prescribe, except that the Secretary shall submit to Congress, not later than March 1 of each year, a report describing—
(A) any addition of, or change in, a merchandise category proposed to be made under this paragraph during the one-year period beginning on that date; and
(B) those additions and changes in merchandise categories actually made during the preceding one-year period.
(c)
(d)
(2) Any change in the pricing policies for merchandise sold in, at, or by commissary stores shall not take effect until the Secretary of Defense submits written notice of the proposed change to Congress and a period of 90 days of continuous session of Congress expires following the date on which notice was received. For purposes of this paragraph, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment or recess of more than three days to a day certain are excluded in a computation of such 90-day period.
(e)
(f)
(2) The merchandise categories referred to in paragraph (1) are as follows:
(A) Magazines and other periodicals.
(B) Tobacco products.
(g)
(2)(A) The following persons are liable to the United States for the amount of a check referred to in paragraph (1) that is returned unpaid to the United States, together with any charge imposed under that paragraph:
(i) The person who presented the check.
(ii) Any person whose status and relationship to the person who presented the check provide the basis for that person's eligibility to make purchases at a commissary store.
(B) Any amount for which a person is liable under subparagraph (A) may be collected by deducting and withholding such amount from any amounts payable to that person by the United States.
(3) Amounts collected as charges imposed under paragraph (1) shall be credited to the commissary trust revolving fund.
(4) Appropriated funds may be used to pay any costs incurred in the collection of checks and charges referred to in paragraph (1). An appropriation account charged a cost under the preceding sentence shall be reimbursed the amount of that cost out of funds in the commissary trust revolving fund.
(5) In this subsection, the term "commissary trust revolving fund" means the trust revolving fund maintained by the Department of Defense for surcharge collections and proceeds of sales of commissary stores.
(Added
Amendments
1999—Subsec. (c).
1998—Subsec. (g).
1997—Subsec. (a).
Subsec. (b).
Subsec. (b)(11).
Subsec. (c).
Subsec. (d).
"(1) require the establishment of a sales price of each item of merchandise at a level which will recoup the actual product cost of the item (consistent with this section and
"(2) promote the lowest practical price of merchandise sold at commissary stores."
Subsec. (e).
Subsec. (f).
1996—Subsec. (e).
1987—
Subsec. (d).
Regulations
Section 313(b) of
Savings Provision
Section 342(b) of
Report on Merchandise Categories
Section 372(f) of
§2487. Commissary stores: limitations on release of sales information
(a)
(2) Paragraph (1) applies to those portions of computer data generated by electronic scanners used in military commissaries, and those portions of reports generated by such scanners, that contain the following information:
(A) The unit price of items sold.
(B) The number of units of items sold.
(b)
(c)
(Added
Amendments
1996—Subsec. (b).
1992—Subsecs. (a) and (b).
"(a) In order to protect commercially valuable information, the Secretary of a military department, except as provided in subsection (b), may not release to the public those portions of computer data generated by electronic scanners used in military commissaries, and those portions of reports generated by such scanners, that contain the following information:
"(1) The unit prices of items sold.
"(2) The number of units of items sold.
"(b) Information subject to subsection (a) may be released under a written agreement. Any such agreement shall require payment for such information and shall specify the amount of such payment."
Subsec. (c).
§2488. Nonappropriated fund instrumentalities: purchase of alcoholic beverages
(a) The Secretary of Defense shall provide that—
(1) covered alcoholic beverage purchases made for resale on a military installation located in the United States shall be made from the most competitive source and distributed in the most economical manner, price and other factors considered, except that
(2) in the case of malt beverages and wine, such purchases shall be made from, and delivery shall be accepted from, a source within the State in which the military installation concerned is located.
(b) If a military installation located in the contiguous States is located in more than one State, a source of supply in any State in which the installation is located shall be considered for the purposes of subsection (a)(2) to be a source within the State in which the installation is located.
(c)(1) In the case of covered alcoholic beverage purchases of distilled spirits, to determine whether a nonappropriated fund instrumentality of the Department of Defense provides the most economical method of distribution to package stores, the Secretary of Defense shall consider all components of the distribution costs incurred by the nonappropriated fund instrumentality, such as overhead costs (including costs associated with management, logistics, administration, depreciation, and utilities), the costs of carrying inventory, and handling and distribution costs.
(2) If the use of a private distributor would subject covered alcoholic beverage purchases of distilled spirits to direct or indirect State taxation, a nonappropriated fund instrumentality shall be considered to be the most economical method of distribution regardless of the results of the determination under paragraph (1).
(3) The Secretary shall use the agencies performing audit functions on behalf of the armed forces and the Inspector General of the Department of Defense to make determinations under this subsection.
(d) In this section:
(1) The term "covered alcoholic beverage purchases" means purchases of alcoholic beverages by a nonappropriated fund instrumentality of the Department of Defense with nonappropriated funds.
(2) The term "State" includes the District of Columbia.
(Added
Amendments
1996—Subsec. (a)(1).
Subsecs. (c), (d).
1987—Subsec. (a)(2).
Effective Date of 1987 Amendment
Section 312(b) of
Procurement of Malt Beverages and Wine by Nonappropriated Fund Activity
Similar provisions were contained in the following prior appropriation acts:
§2489. Overseas package stores: treatment of United States wines
The Secretary of Defense shall ensure that each nonappropriated-fund activity engaged principally in selling alcoholic beverage products in a packaged form (commonly referred to as a "package store") that is located at a military installation outside the United States shall give appropriate treatment with respect to wines produced in the United States to ensure that such wines are given, in general, an equitable distribution, selection, and price when compared with wines produced by the host nation.
(Added
Regulations Deadline
Section 311(b) of
§2489a. Sale or rental of sexually explicit material prohibited
(a)
(b)
(c)
(d)
(1) The term "sexually explicit material" means an audio recording, a film or video recording, or a periodical with visual depictions, produced in any medium, the dominant theme of which depicts or describes nudity, including sexual or excretory activities or organs, in a lascivious way.
(2) The term "property under the jurisdiction of the Department of Defense" includes commissaries, all facilities operated by the Army and Air Force Exchange Service, the Navy Exchange Service Command, the Navy Resale and Services Support Office, Marine Corps exchanges, and ships' stores.
(Added
Effective Date
Section 343(b) of
[§2490. Renumbered §2868]
§2490a. Combined exchange and commissary stores
(a)
(b)
(2) The Secretary may select a military installation for the operation of a combined exchange and commissary store under this section only if—
(A) the installation is to be closed, or has been or is to be realigned, under a base closure law; or
(B) a military exchange and a commissary store are operated at the installation by separate entities at the time of, or immediately before, such selection and it is not economically feasible to continue that separate operation.
(c)
(d)
(e)
(2) The total amount of appropriated funds transferred during a fiscal year to support the operation of a combined exchange and commissary store at a military installation under this section may not exceed an amount that is equal to 25 percent of the amount of appropriated funds that was provided for the operation of the commissary store of the Defense Commissary Agency on that installation during the last full fiscal year of operation of that commissary store.
(f)
(1) The term "nonappropriated fund instrumentality" means the Army and Air Force Exchange Service, Navy Exchange Service Command, Marine Corps exchanges, or any other instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.
(2) The term "base closure law" has the meaning given such term by
(Added
References in Text
Section 375 of the National Defense Authorization Act for Fiscal Year 1995, referred to in subsec. (c), is section 375 of
Amendments
1997—Subsec. (f)(2).
Prior Provisions
A prior section 2490a was renumbered
[§2491. Renumbered §2500]
§2492. Overseas commissary and exchange stores: access and purchase restrictions
(a)
(2) In establishing a quantity or other restriction, the Secretary—
(A) may not discriminate among the various categories of eligible patrons of the commissary and exchange system; and
(B) shall ensure that the restriction is consistent with the purpose of the overseas commissary and exchange system to provide reasonable access for eligible patrons to purchase merchandise items made in the United States.
(b)
(c)
(Added
Amendments
1999—Subsec. (b).
§2493. Fisher Houses: administration as nonappropriated fund instrumentality
(a)
(1) The term "Fisher House" means a housing facility that—
(A) is located in proximity to a health care facility of the Army, the Air Force, or the Navy;
(B) is available for residential use on a temporary basis by patients of that health care facility, members of the families of such patients, and others providing the equivalent of familial support for such patients; and
(C) is constructed and donated by—
(i) the Zachary and Elizabeth M. Fisher Armed Services Foundation; or
(ii) another source, if the Secretary of the military department concerned designates the housing facility as a Fisher House.
(2) The term "Fisher Suite" means one or more rooms that—
(A) meet the requirements of subparagraphs (A) and (B) of paragraph (1);
(B) are constructed, altered, or repaired and donated by a source described in subparagraph (C) of that paragraph; and
(C) are designated by the Secretary of the military department concerned as a Fisher Suite.
(b)
(c)
(d)
(e)
(A) accept money, property, and services donated for the support of a Fisher House or Fisher Suite associated with health care facilities of that military department; and
(B) may impose fees relating to the use of such Fisher Houses and Fisher Suites.
(2) All monetary donations, and the proceeds of the disposal of any other donated property, accepted by the Secretary of a military department under this subsection shall be credited to the fund established under subsection (d) for the Fisher Houses and Fisher Suites associated with health care facilities of that military department and shall be available to that Secretary to support all such Fisher Houses and Fisher Suites.
(f)
(1) The amount in the fund established by that Secretary under subsection (d) as of October 1 of the previous year.
(2) The operation of the fund during the preceding fiscal year, including—
(A) all gifts, fees, and interest credited to the fund; and
(B) all disbursements from the fund.
(3) The budget for the operation of the Fisher Houses and Fisher Suites for the fiscal year in which the report is submitted.
(Added
Establishment of Funds and Funding Transition
"(b)
"(1) establish the fund required under
"(2) close the Fisher House Trust Fund established for that department under section 2221 of such title and transfer the amounts in the closed fund to the newly established fund.
"(c)
"(2) Of the amount authorized to be appropriated pursuant to section 301(4) for operation and maintenance for the Air Force, the Secretary of the Air Force shall transfer to the fund established by that Secretary under
"(d)
"(1) the certification of that Secretary that those actions have been completed; and
"(2) a statement of the amount deposited in the fund established by that Secretary under
"(e)
CHAPTER 148 —NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE REINVESTMENT, AND DEFENSE CONVERSION
Prior Provisions
A prior
A prior
Another prior
A prior
Another prior
Amendments
1998—
1996—
Chapter Referred to in Other Sections
This chapter is referred to in title 50 App. section 2171.
SUBCHAPTER I—DEFINITIONS
Amendments
1997—
§2500. Definitions
In this chapter:
(1) The term "national technology and industrial base" means the persons and organizations that are engaged in research, development, production, or maintenance activities conducted within the United States and Canada.
(2) The term "dual-use" with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications.
(3) The term "dual-use critical technology" means a critical technology that has military applications and nonmilitary applications.
(4) The term "technology and industrial base sector" means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, or production activities.
(5) The terms "Federal laboratory" and "laboratory" have the meaning given the term "laboratory" in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (
(6) The term "critical technology" means a technology that is—
(A) a national critical technology; or
(B) a defense critical technology.
(7) The term "national critical technology" means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technologies submitted to Congress by the President pursuant to section 603(d) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (
(8) The term "defense critical technology" means a technology that is identified under
(9) The term "eligible firm" means a company or other business entity that, as determined by the Secretary of Commerce—
(A) conducts a significant level of its research, development, engineering, and manufacturing activities in the United States; and
(B) is a company or other business entity the majority ownership or control of which is by United States citizens or is a company or other business of a parent company that is incorporated in a country the government of which—
(i) encourages the participation of firms so owned or controlled in research and development consortia to which the government of that country provides funding directly or provides funding indirectly through international organizations or agreements; and
(ii) affords adequate and effective protection for the intellectual property rights of companies incorporated in the United States.
Such term includes a consortium of such companies or other business entities, as determined by the Secretary of Commerce.
(10) The term "manufacturing technology" means techniques and processes designed to improve manufacturing quality, productivity, and practices, including quality control, shop floor management, inventory management, and worker training, as well as manufacturing equipment and software.
(11) The term "Small Business Innovation Research Program" means the program established under the following provisions of section 9 of the Small Business Act (
(A) Paragraphs (4) through (7) of subsection (b).
(B) Subsections (e) through (l).
(12) The term "Small Business Technology Transfer Program" means the program established under the following provisions of such section:
(A) Paragraphs (4) through (7) of subsection (b).
(B) Subsections (e) and (n) through (p).
(13) The term "significant equity percentage" means—
(A) a level of contribution and participation sufficient, when compared to the other non-Federal participants in the partnership or other cooperative arrangement involved, to demonstrate a comparable long-term financial commitment to the product or process development involved; and
(B) any other criteria the Secretary may consider necessary to ensure an appropriate equity mix among the participants.
(14) The term "person of a foreign country" has the meaning given such term in section 3502(d) of the Primary Dealers Act of 1988 (
(Added
Prior Provisions
Provisions similar to those in this section were contained in former
Amendments
1997—
Par. (8).
1996—Pars. (11) to (16).
"(11) The term 'manufacturing extension program' means a public or private, nonprofit program for the improvement of the quality, productivity, and performance of United States-based small manufacturing firms in the United States.
"(12) The term 'United States-based small manufacturing firm' means a company or other business entity that, as determined by the Secretary of Commerce—
"(A) engages in manufacturing;
"(B) has less than 500 employees; and
"(C) is an eligible firm."
1994—Par. (5).
Par. (16).
1993—Par. (2).
Par. (8).
Pars. (13) to (15).
Short Title of 1994 Amendment
Section 1101 of title XI of div. A of
Short Title of 1993 Amendment
Section 1301 of title XIII of div. A of
Short Title
Section 4001 of
Application of 1993 Amendments to Existing Technology Reinvestment Projects
Amendment by section 1315(f) of
Congressional Findings
Section 4101 of
"(1) The collapse of communism in Eastern Europe and the dissolution of the Soviet Union have fundamentally changed the military threat that formed the basis for the national security policy of the United States since the end of World War II.
"(2) The change in the military threat presents a unique opportunity to restructure and reduce the military requirements of the United States.
"(3) As the United States proceeds with the post-Cold War defense build down, the Nation must recognize and address the impact of reduced defense spending on the military personnel, civilian employees, and defense industry workers who have been the foundation of the national defense policies of the United States.
"(4) The defense build down will have a significant impact on communities as procurements are reduced and military installations are closed and realigned.
"(5) Despite the changes in the military threat, the United States must maintain the capability to respond to regional conflicts that threaten the national interests of the United States, and to reconstitute forces in the event of an extended conflict.
"(6) The skills and capabilities of military personnel, civilian employees of the Department of Defense, defense industry workers, and defense industries represent an invaluable national resource that can contribute to the economic growth of the United States and to the long-term vitality of the national technology and industrial base.
"(7) Prompt and vigorous implementation of defense conversion, reinvestment, and transition assistance programs is essential to ensure that the defense build down is structured in a manner that—
"(A) enhances the long-term ability of the United States to maintain a strong and vibrant national technology and industrial base; and
"(B) promotes economic growth."
Purposes of Title XLII of Pub. L. 102–484
Section 4201 of title XLII of div. D of
Transition Provision; "Defense Critical Technology" Defined
Section 4203(b) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—POLICIES AND PLANNING
Amendments
1996—
1993—
§2501. National security objectives concerning national technology and industrial base
(a)
(1) Supplying and equipping the force structure of the armed forces that is necessary to achieve—
(A) the objectives set forth in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 (
(B) the policy guidance of the Secretary of Defense provided pursuant to
(C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to
(2) Sustaining production, maintenance, repair, and logistics for military operations of various durations and intensity.
(3) Maintaining advanced research and development activities to provide the armed forces with systems capable of ensuring technological superiority over potential adversaries.
(4) Reconstituting within a reasonable period the capability to develop and produce supplies and equipment, including technologically advanced systems, in sufficient quantities to prepare fully for a war, national emergency, or mobilization of the armed forces before the commencement of that war, national emergency, or mobilization.
(5) Providing for the development, manufacture, and supply of items and technologies critical to the production and sustainment of advanced military weapon systems within the national technology and industrial base.
(b)
(1) Relying, to the maximum extent practicable, upon the commercial national technology and industrial base that is required to meet the national security needs of the United States.
(2) Reducing the reliance of the Department of Defense on technology and industrial base sectors that are economically dependent on Department of Defense business.
(3) Reducing Federal Government barriers to the use of commercial products, processes, and standards.
(Added
Prior Provisions
A prior section 2501, added
Another prior section 2501 was renumbered
Amendments
1996—
Subsec. (a).
Subsec. (a)(5).
Subsecs. (b), (c).
1993—Subsec. (a)(1)(A).
Subsec. (a)(5).
Subsec. (b)(2).
Report by Under Secretary of Defense for Acquisition, Technology, and Logistics
"(a)
"(b)
"(1) the Department of Defense laboratories place an appropriate emphasis on revolutionary changes in military operations and the new technologies that will be necessary to support those operations;
"(2) the Department helps sustain a high-quality national research base that includes organizations attuned to the needs of the Department, the fostering and creation of revolutionary technologies useful to the Department, and the capability to identify opportunities for new military capabilities in emerging scientific knowledge;
"(3) the Department can identify, provide appropriate funding for, and ensure the coordinated development of joint technologies that will serve the needs of more than one of the Armed Forces;
"(4) the Department can identify militarily relevant technologies that are developed in the private sector, rapidly incorporate those technologies into defense systems, and effectively utilize technology transfer processes;
"(5) the Department can effectively and efficiently manage the transition of new technologies from the applied research and advanced technological development stage through the product development stage in a manner that ensures that maximum advantage is obtained from advances in technology; and
"(6) the Department's educational institutions for the officers of the uniformed services incorporate into their officer education and training programs, as appropriate, materials necessary to ensure that the officers have the familiarity with the processes, advances, and opportunities in technology development that is necessary for making decisions that ensure the superiority of United States defense technology in the future."
Sense of Congress on Defense Science and Technology Program
"(a)
"(b)
"(c)
"(1) the Secretary of Defense shall submit to Congress—
"(A) the certification of the Secretary that the budget does not jeopardize the stability of the defense technology base or increase the risk of failure to maintain technological superiority in future weapon systems; or
"(B) a statement of the Secretary explaining why the Secretary is unable to submit such certification; and
"(2) the Defense Science Board shall, not more than 60 days after the date on which the Secretary submits the certification or statement under paragraph (1), submit to the Secretary and Congress a report assessing the effect such failure to comply is likely to have on defense technology and the national defense."
"(a)
"(b)
"(1)
"(A) The sustainment of research capabilities in scientific and engineering disciplines critical to the Department of Defense.
"(B) The education and training of the next generation of scientists and engineers in disciplines that are relevant to future defense systems, particularly through the conduct of basic research.
"(C) The continued support of the Defense Experimental Program to Stimulate Competitive Research and research programs at historically black colleges and universities and minority institutions.
"(2)
"(B) It is the sense of Congress that funds made available for projects and programs of the Defense Science and Technology Program should be used only for the benefit of the Department of Defense, which includes—
"(i) the development of technology that has only military applications;
"(ii) the development of militarily useful, commercially viable technology; and
"(iii) the adaptation of commercial technology, products, or processes for military purposes.
"(3)
"(4)
"(A) management and funding for the Defense Science and Technology Program for each military department should receive a level of priority and leadership attention equal to the level received by program acquisition, and the Secretary of each military department should ensure that a senior official in the department holds the appropriate title and responsibility to ensure effective oversight and emphasis on science and technology;
"(B) to ensure an appropriate long-term focus for investments, a sufficient percentage of science and technology funds should be directed toward new technology areas, and annual reviews should be conducted for ongoing research areas to ensure that those funded initiatives are either integrated into acquisition programs or discontinued when appropriate;
"(C) the Secretary of each military department should take appropriate steps to ensure that sufficient numbers of officers and civilian employees in the department hold advanced degrees in technical fields; and
"(D) of particular concern, the Secretary of the Air Force should take appropriate measures to ensure that sufficient numbers of scientists and engineers are maintained to address the technological challenges faced in the areas of air, space, and information technology.
"(c)
"(1)
"(2)
"(A) result in recommendations on the minimum requirements for maintaining a technology base that is sufficient, based on both historical developments and future projections, to project superiority in air and space weapons systems and in information technology;
"(B) address the effects on national defense and civilian aerospace industries and information technology of reducing funding below the goal described in subsection (a); and
"(C) result in recommendations on the appropriate levels of staff with baccalaureate, masters, and doctorate degrees, and the optimal ratio of civilian and military staff holding such degrees, to ensure that science and technology functions of the Department of Defense remain vital.
"(3)
"(d)
"(1) The term 'Defense Science and Technology Program' means basic and applied research and advanced development.
"(2) The term 'basic and applied research' means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2.
"(3) The term 'advanced development' means work funded in program elements for defense research and development under Department of Defense category 6.3."
Annual Joint Warfighting Science and Technology Plan
Section 270 of
"(a)
"(b)
Cost Reimbursement Rules for Indirect Costs Attributable to Private Sector Work of Defense Contractors
Section 808 of
Documentation for Awards for Cooperative Agreements or Other Transactions Under Defense Technology Reinvestment Programs
Reports on Defense Conversion, Reinvestment, and Transition Assistance Programs
Section 1303 of
"(a)
"(b)
"(1) The status of the obligation of appropriated funds for each defense conversion, reinvestment, and transition assistance program.
"(2) With respect to each component of the dual-use partnership program element specified in paragraphs (1) through (10) of section 1311(b) [
"(A) the extent to which the component meets the objectives set forth in
"(B) the technology benefits of the component to the national technology and industrial base;
"(C) any evidence of commercialization of technologies developed under the component;
"(D) the extent to which the investments under the component have affected levels of employment;
"(E) the number of defense firms participating in cooperative agreements or other arrangements under the component;
"(F) the extent to which matching fund requirements of the component were met by cash contributions by the non-Federal Government participants;
"(G) the extent to which defense technology reinvestment projects under the component have met milestones and financial and technical requirements;
"(H) the extent to which the component is integrated with technology programs conducted by other Federal agencies; and
"(I) the number of proposals under the component that were received from small business concerns and the number of awards made to small business concerns.
"(3) With respect to each personnel assistance program conducted under subtitle C of this title [subtitle C, §§1331–1339 of title XIII of div. A of
"(A) the extent to which the program meets the objectives set forth in
"(B) the number of individuals eligible for transition assistance under the program;
"(C) the number of individuals directly receiving transition assistance under the program and the projected number of individuals who will directly receive transition assistance;
"(D) in the case of a job training program, an estimate of the number of individuals who have secured permanent employment as a result of participation in the program; and
"(E) the extent to which the transition assistance activities under the program duplicated other transition assistance provided or administered outside the Department of Defense.
"(c)
National Shipbuilding Initiative
Sections 1351 to 1354 of
"SEC. 1351. SHORT TITLE.
"This subtitle [subtitle D, §§1351–1363 of title XIII of div. A of
"SEC. 1352. NATIONAL SHIPBUILDING INITIATIVE.
"(a)
"(b)
"(1) by the Secretary of Defense, with respect to programs under the jurisdiction of the Secretary of Defense; and
"(2) by the Secretary of Transportation, with respect to programs under the jurisdiction of the Secretary of Transportation.
"(c)
"(1)
"(2)
"(3)
"(4)
"SEC. 1353. DEPARTMENT OF DEFENSE PROGRAM MANAGEMENT THROUGH DEFENSE ADVANCED RESEARCH PROJECTS AGENCY.
"The Secretary of Defense shall designate the Defense Advanced Research Projects Agency of the Department of Defense as the lead agency of the Department of Defense for activities of the Department of Defense which are part of the National Shipbuilding Initiative program. Those activities shall be carried out as part of defense conversion activities of the Department of Defense.
"SEC. 1354. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY FUNCTIONS AND MINIMUM FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.
"(a) DARPA
"(1) Consultation with the Maritime Administration, the Office of Economic Adjustment, the National Economic Council, the National Shipbuilding Research Project, the Coast Guard, the National Oceanic and Atmospheric Administration, appropriate naval commands and activities, and other appropriate Federal agencies on—
"(A) development and transfer to the private sector of dual-use shipbuilding technologies, ship repair technologies, and shipbuilding management technologies;
"(B) assessments of potential markets for maritime products; and
"(C) recommendation of industrial entities, partnerships, joint ventures, or consortia for short- and long-term manufacturing technology investment strategies.
"(2) Funding and program management activities to develop innovative design and production processes and the technologies required to implement those processes.
"(3) Facilitation of industry and Government technology development and technology transfer activities (including education and training, market assessments, simulations, hardware models and prototypes, and national and regional industrial base studies).
"(4) Integration of promising technology advances made in the Technology Reinvestment Program of the Defense Advanced Research Projects Agency into the National Shipbuilding Initiative to effect full defense conversion potential.
"(b)
"(1)
"(2)
Armament Retooling and Manufacturing Support Initiative
Subtitle H of title I of div. A of
"SEC. 191. SHORT TITLE.
"This subtitle may be cited as the 'Armament Retooling and Manufacturing Support Act of 1992'.
"SEC. 192. POLICY.
"It is the policy of the United States—
"(1) to encourage, to the maximum extent practicable, nondefense commercial firms to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army;
"(2) to use such facilities for supporting programs, projects, policies, and initiatives that promote competition in the private sector of the United States economy and that advance United States interests in the global marketplace;
"(3) to increase the manufacture of products inside the United States that, to a significant extent, are manufactured outside the United States;
"(4) to support policies and programs that provide manufacturers with incentives to assist the United States in making more efficient and economical use of Government-owned industrial plants and equipment for commercial purposes;
"(5) to provide, as appropriate, small businesses (including socially and economically disadvantaged small business concerns and new small businesses) with incentives that encourage those businesses to undertake manufacturing and other industrial processing activities that contribute to the prosperity of the United States;
"(6) to encourage the creation of jobs through increased investment in the private sector of the United States economy;
"(7) to foster a more efficient, cost-effective, and adaptable armaments industry in the United States;
"(8) to achieve, with respect to armaments manufacturing capacity, an optimum level of readiness of the defense industrial base of the United States that is consistent with the projected threats to the national security of the United States and the projected emergency requirements of the Armed Forces of the United States; and
"(9) to encourage facility contracting where feasible.
"SEC. 193. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT INITIATIVE.
"(a)
"(b)
"(1) To encourage commercial firms, to the maximum extent practicable, to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army for commercial purposes.
"(2) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use such facilities for those purposes.
"(3) To reduce the adverse effects of reduced Department of the Army spending that are experienced by States and communities by providing for such facilities to be used for commercial purposes that create jobs and promote prosperity.
"(4) To provide for the reemployment and retraining of skilled workers who, as a result of the closing of such facilities, are idled or underemployed.
"(5) To contribute to the attainment of economic stability in economically depressed regions of the United States where there are Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army.
"(6) To maintain in the United States a work force having the skills in manufacturing processes that are necessary to meet industrial emergency planned requirements for national security purposes.
"(7) To be a model for future defense conversion initiatives.
"(8) To the maximum extent practicable, to allow the operation of Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army to be rapidly responsive to the forces of free market competition.
"(9) Through the use of Government-owned, contractor-operated ammunition manufacturing facilities for commercial purposes, to encourage relocation of industrial production to the United States from outside the United States.
"(c)
"SEC. 194. FACILITIES CONTRACTS.
"(a)
"(1) to use the facility for one or more years consistent with the purposes of the ARMS Initiative; and
"(2) to enter into multiyear subcontracts for the commercial use of the facility consistent with such purposes.
"(b)
"(1) is authorized to manufacture ammunition or any component of ammunition at the facility; and
"(2) is responsible for the overall operation and maintenance of the facility for meeting planned requirements in the event of an industrial emergency.
"SEC. 195. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.
"(a)
"(b)
"(c)
"(A) process applications for loan guarantees;
"(B) guarantee repayment of loans; and
"(C) provide any other services to the Secretary to administer the loan guarantee program.
"(2) Each Administrator may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the Administrator administers.
"(3) To the extent practicable, each Administrator shall use the same procedures for processing loan guarantee applications under this section as the Administrator uses for processing loan guarantee applications under other loan guarantee programs that the Administrator administers.
"(d)
"(1) $20,000,000, with respect to any single borrower; and
"(2) $320,000,000 with respect to all borrowers.
"(e)
"(f)
"SEC. 196. REPORTING REQUIREMENT.
"Not later than July 1, 1993, the Secretary of the Army shall submit to the congressional defense committees a report on the ARMS Initiative. The report shall contain—
"(1) a comprehensive review of contracting of Government-owned, contractor-operated ammunition manufacturing facilities, under the ARMS Initiative; and
"(2) any recommendations the Secretary may have for changes to the ARMS Initiative."
Implementation of Requirements for Assessment, Planning, and Analysis
Section 4218 of
Industrial Diversification Planning for Defense Contractors
Section 4239 of
Notice to Contractors and Employees Upon Proposed and Actual Termination or Substantial Reduction in Major Defense Programs
Section 4471 of
"(a)
"(1) shall identify each contract (if any) under major defense programs of the Department of Defense that will be terminated or substantially reduced as a result of the funding levels provided in that Act; and
"(2) shall ensure that notice of the termination of, or substantial reduction in, the funding of the contract is provided—
"(A) directly to the prime contractor under the contract; and
"(B) directly to the Secretary of Labor.
"(b)
"(1) provide notice of that termination or substantial reduction to each person that is a first-tier subcontractor under that prime contract for subcontracts in an amount not less than $500,000; and
"(2) require that each such subcontractor—
"(A) provide such notice to each of its subcontractors for subcontracts in an amount in excess of $100,000; and
"(B) impose a similar notice and pass through requirement to subcontractors in an amount in excess of $100,000 at all tiers.
"(c)
"(1)(A) each representative of employees whose work is directly related to the defense contract under such program and who are employed by the defense contractor; or
"(B) if there is no such representative at that time, each such employee; and
"(2) the State dislocated worker unit or office referred to in section 311(b)(2) of the Job Training Partnership Act [
"(d)
"(e)
"(f)
"(1) The term 'major defense program' means a program that is carried out to produce or acquire a major system (as defined in
"(2) The terms 'substantial reduction' and 'substantially reduced', with respect to a defense contract under a major defense program, mean a reduction of 25 percent or more in the total dollar value of the funds obligated by the contract."
[
[(1) in subsection (c)(2), by striking out "the State dislocated worker unit or office referred to in section 311(b)(2) of the Job Training Partnership Act, or";
[(2) in subsection (d), in the first sentence, by striking out "for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or"; and
[(3) in subsection (e), by striking out "for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or".]
Section Referred to in Other Sections
This section is referred to in
§2502. National Defense Technology and Industrial Base Council
(a)
(b)
(1) The Secretary of Defense, who shall serve as chairman.
(2) The Secretary of Energy.
(3) The Secretary of Commerce.
(4) The Secretary of Labor.
(5) Such other officials as may be determined by the President.
(c)
(1) the capabilities of the national technology and industrial base to meet the national security objectives set forth in
(2) programs for achieving such national security objectives; and
(3) changes in acquisition policy that strengthen the national technology and industrial base.
(d)
(Added
Prior Provisions
A prior section 2502, added
Another prior section 2502 was renumbered
Amendments
1997—Subsec. (c).
1996—Subsec. (c).
Subsec. (c)(1)(B).
Subsec. (c)(2), (3).
1994—Subsec. (d).
1993—Subsec. (d).
Effective Date of 1997 Amendment
Section 1073(c) of
§2503. National defense program for analysis of the technology and industrial base
(a)
(b)
(c)
(1) The assembly of timely and authoritative information.
(2) Initiation of studies and analyses.
(3) Provision of technical support and assistance to—
(A) the Secretary of Defense for the preparation of the periodic assessments required by
(B) the defense acquisition university structure and its elements; and
(C) other departments and agencies of the Federal Government in accordance with guidance established by the Council.
(4) Dissemination, through the National Technical Information Service of the Department of Commerce, of unclassified information and assessments for further dissemination within the Federal Government and to the private sector.
(Added
Prior Provisions
A prior section 2503, added
Amendments
1999—Subsec. (b).
1996—Subsec. (a).
"(2) As determined by the Secretary of Defense, the program shall be administered by one of the following:
"(A) An existing federally funded research and development center.
"(B) A consortium of existing federally funded research and development centers and other nonprofit entities.
"(C) A private sector entity (other than a federally funded research and development center).
"(D) The National Defense University.
"(3) A contract may be awarded under subparagraph (A), (B), or (C) of paragraph (2) only through the use of competitive procedures.
"(4) The Secretary of Defense shall ensure that there is appropriate coordination between the program and the Critical Technologies Institute."
Subsec. (c)(3)(A).
1993—Subsec. (b).
Deadline for Establishing Program
Section 4213(b) of
§2504. Annual report to Congress
The Secretary of Defense shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives by March 1 of each year a report which shall include the following information:
(1) A description of the departmental guidance prepared pursuant to
(2) A description of the methods and analyses being undertaken by the Department of Defense alone or in cooperation with other Federal agencies, to identify and address concerns regarding technological and industrial capabilities of the national technology and industrial base.
(3) A description of the assessments prepared pursuant to
(4) Identification of each program designed to sustain specific essential technological and industrial capabilities and processes of the national technology and industrial base.
(Added
Prior Provisions
A prior section 2504, added
Another prior section 2504 was renumbered
Amendments
1999—
Section Referred to in Other Sections
This section is referred to in
§2505. National technology and industrial base: periodic defense capability assessments
(a)
(b)
(1) describe sectors or capabilities, their underlying infrastructure and processes;
(2) analyze present and projected financial performance of industries supporting the sectors or capabilities in the assessment; and
(3) identify technological and industrial capabilities and processes for which there is potential for the national industrial and technology base not to be able to support the achievement of national security objectives.
(c)
(1) identify cases that pose an unacceptable risk of foreign dependency, as determined by the Secretary; and
(2) present actions being taken or proposed to be taken to remedy the risk posed by the cases identified under paragraph (1), including efforts to develop a domestic source for the item in question.
(d)
(Added
Prior Provisions
A prior section 2505 was renumbered
Amendments
1996—
1993—
Implementing Regulations Concerning National Technology and Industrial Base Periodic Assessment
Section 4219 of
Section Referred to in Other Sections
This section is referred to in
§2506. Department of Defense technology and industrial base policy guidance
(a)
(b)
(Added
Prior Provisions
A prior section 2506 was renumbered
Amendments
1996—
Implementing Regulations Concerning National Technology and Industrial Base Periodic Plan
Section 4220 of
Section Referred to in Other Sections
This section is referred to in
§2507. Data collection authority of President
(a)
(b)
(c)
(d)
(e)
(f)
(1) The term "person" includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing, except that no punishment provided by this section shall apply to the United States, or to any such government, political subdivision, or government agency.
(2) The term "national defense" means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, space, and directly related activity.
(Added
Prior Provisions
A prior section 2507 was renumbered
A prior section 2508 was renumbered
A prior section 2509, added
A prior section 2510, added
Amendments
1993—
SUBCHAPTER III—PROGRAMS FOR DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE TECHNOLOGIES
Amendments
1996—
1994—
§2511. Defense dual-use critical technology program
(a)
(b)
(c)
(2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a project conducted under the program for the purpose of calculating the share of the project costs that has been or is being undertaken by such participants. In such regulations, the Secretary may authorize a participant that is a small business concern to use funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program to help pay the costs of project activities. Any such funds so used may be considered in calculating the amount of the financial commitment undertaken by the non-Federal Government participants unless the Secretary determines that the small business concern has not made a significant equity percentage contribution in the project from non-Federal sources.
(3) The Secretary shall consider a project proposal submitted by a small business concern without regard to the ability of the small business concern to immediately meet its share of the anticipated project costs. Upon the selection of a project proposal submitted by a small business concern, the small business concern shall have a period of not less than 120 days in which to arrange to meet its financial commitment requirements under the project from sources other than a person of a foreign country. If the Secretary determines upon the expiration of that period that the small business concern will be unable to meet its share of the anticipated project costs, the Secretary shall revoke the selection of the project proposal submitted by the small business concern.
(d)
(e)
(1) The extent to which the proposed project advances and enhances the national security objectives set forth in
(2) The technical excellence of the proposed project.
(3) The qualifications of the personnel proposed to participate in the research activities of the proposed project.
(4) An assessment of timely private sector investment in activities to achieve the goals and objectives of the proposed project other than through the project.
(5) The potential effectiveness of the project in the further development and application of each technology proposed to be developed by the project for the national technology and industrial base.
(6) The extent of the financial commitment of eligible firms to the proposed project.
(7) The extent to which the project does not unnecessarily duplicate projects undertaken by other agencies.
(f)
(Added
Prior Provisions
A prior section 2511, added
Another prior section 2511 was renumbered
Provisions similar to those in this section were contained in
Amendments
1996—
1994—Subsec. (c)(3).
1993—Subsec. (c).
Subsec. (e).
Dual-Use Science and Technology Program
"(a)
"(b)
"(2) The objectives for fiscal years under paragraph (1) are as follows:
"(A) For fiscal year 1998, 5 percent.
"(B) For fiscal year 1999, 7 percent.
"(C) For fiscal year 2000, 10 percent.
"(D) For fiscal year 2001, 15 percent.
"(3) The Secretary of Defense may establish for a military department for a fiscal year an objective different from the objective set forth in paragraph (2) if the Secretary—
"(A) determines that compelling national security considerations require the establishment of the different objective; and
"(B) notifies Congress of the determination and the reasons for the determination.
"(c)
"(2) The primary responsibilities of the designated official shall include developing policy and overseeing the establishment of, and adherence to, procedures for ensuring that dual-use projects are initiated and administered effectively and that applicable commercial technologies are integrated into current and future military systems.
"(3) In carrying out the responsibilities, the designated official shall ensure that—
"(A) dual-use projects are consistent with the joint warfighting science and technology plan referred to in section 270 of the National Defense Authorization Act for Fiscal Year 1997 (
"(B) the dual-use projects of the military departments and defense agencies of the Department of Defense are coordinated and avoid unnecessary duplication.
"(d)
"(e)
"(f)
"(2) The report for a fiscal year shall contain, at a minimum, the following:
"(A) The aggregate value of all contracts, grants, cooperative agreements, or other transactions entered into during the fiscal year for which funding is counted toward meeting an objective under this section, expressed in relationship to the total amount appropriated for the applied research programs in the Department of Defense for that fiscal year.
"(B) For each military department, the value of all contracts, grants, cooperative agreements, or other transactions entered into during the fiscal year for which funding is counted toward meeting an objective under this section, expressed in relationship to the total amount appropriated for the applied research program of the military department for that fiscal year.
"(C) A summary of the cost-sharing arrangements in dual-use projects that were initiated during the fiscal year and are counted toward reaching an objective under this section.
"(D) A description of the regulations, directives, or other procedures that have been issued by the Secretary of Defense or the Secretary of a military department to increase the percentage of the total value of the dual-use projects undertaken to meet or exceed an objective under this section.
"(E) Any recommended legislation to facilitate achievement of objectives under this section.
"(g)
"(2) Of the amounts authorized to be appropriated by section 201, $50,000,000 is authorized for the Initiative.
"(3) Projects and participants in the Initiative shall be selected through the use of competitive procedures.
"(4) The budget submitted to Congress by the President for fiscal year 1999 and each fiscal year thereafter pursuant to
"(h)
"(i)
"(1) The term 'applied research program' means a program of a military department which is funded under the 6.2 Research, Development, Test and Evaluation account of that department.
"(2) The term 'dual-use project' means a project under a program of a military department or a defense agency under which research or development of a dual-use technology is carried out and the costs of which are shared by the Department of Defense and non-Government entities."
Application of 1993 Amendments to Existing Technology Reinvestment Projects
Section 1315(g) of
Section Referred to in Other Sections
This section is referred to in
[§§2512, 2513. Repealed. Pub. L. 104–106, div. A, title X, §1081(f), Feb. 10, 1996, 110 Stat. 454 ]
Section 2512, added
A prior section 2512, added
Section 2513, added
A prior section 2513, added
§2514. Encouragement of technology transfer
(a)
(b)
(c)
(2) Under the Program, the defense laboratories, in coordination with the Office of Technology Transfer in the Office of the Secretary of Defense, shall carry out cooperative activities with private industry in order to promote (by the use or exchange of patents, licenses, cooperative research and development agreements and other cooperative agreements, and the use of symposia, meetings, and other similar mechanisms) the transfer of defense or dual-use technologies from the defense laboratories to private industry, and the development and application of such technologies by the defense laboratories and private industry, for the purpose of the commercial utilization of such technologies by private industry.
(3) The Secretary of Defense shall develop and annually update a plan for each defense laboratory that participates in the Program under which plan the laboratory shall carry out cooperative activities with private industry to promote the transfers described in subsection (b).
(4) In this subsection, the term "defense laboratory" means any laboratory owned or operated by the Department of Defense that carries out research in fiscal year 1993 in an amount in excess of $50,000,000.
(Added
Prior Provisions
A prior section 2514, added
Provisions similar to those in subsecs. (a) and (b) of this section were contained in
Amendments
1996—Subsec. (c)(5).
National Action Plan on Advanced Superconductivity Research and Development
Superconductivity research and development activities by Secretary of Defense and by Defense Advanced Research Projects Agency, see
Technology Transfer to Private Sector
"(1) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall take appropriate action to ensure that high-temperature superconductivity technology resulting from the research activities of the Department of Defense is transferred to the private sector. Such transfer shall be made in accordance with section 10(e) of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(2) The Secretary of Energy, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall ensure that the national laboratories of the Department of Energy participate, to the maximum appropriate extent, in the transfer to the private sector of technology developed under the Department of Defense superconductivity program in the national laboratories."
§2515. Office of Technology Transition
(a)
(b)
(c)
(1) monitors all research and development activities that are carried out by or for the military departments and Defense Agencies;
(2) identifies all such research and development activities that use technologies, or result in technological advancements, having potential nondefense commercial applications;
(3) serves as a clearinghouse for, coordinates, and otherwise actively facilitates the transition of such technologies and technological advancements from the Department of Defense to the private sector;
(4) conducts its activities in consultation and coordination with the Department of Energy and the Department of Commerce; and
(5) provides private firms with assistance to resolve problems associated with security clearances, proprietary rights, and other legal considerations involved in such a transition of technology.
(d)
(2) The committees referred to in paragraph (1) are—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(Added
Prior Provisions
A prior section 2515, added
Amendments
1999—Subsec. (d)(2)(B).
1996—Subsec. (d).
Schedule for Establishment of Office of Technology Transition
Section 4225(b) of
Submission of Annual Report
Section 4225(c)(2) of
"(A) the first report under that section shall be submitted not later than one year after the date of the enactment of this Act [Oct. 23, 1992]; and
"(B) no additional report is necessary under that section in the fiscal year in which such first report is submitted."
[§2516. Repealed. Pub. L. 104–106, div. A, title X, §1081(g), Feb. 10, 1996, 110 Stat. 455 ]
Section, added
A prior section 2516, added
§2517. Office for Foreign Defense Critical Technology Monitoring and Assessment
(a)
(b)
(1) to minimize the duplication of any effort of the Department of Commerce by the Department of Defense regarding the monitoring of foreign activities related to defense critical technologies that have potential commercial uses; and
(2) to ensure that the Office is effectively utilized to disseminate information to users of such information within the Federal Government.
(c)
(1) To maintain within the Department of Defense a central library for the compilation and appropriate dissemination of unclassified and classified information and assessments regarding significant foreign activities in research, development, and applications of defense critical technologies.
(2) To establish and maintain—
(A) a widely accessible unclassified data base of information and assessments regarding foreign science and technology activities that involve defense critical technologies, including, especially, activities in Europe and in Pacific Rim countries; and
(B) a classified data base of information and assessments regarding such activities.
(3) To perform liaison activities among the military departments, Defense Agencies, and other appropriate elements of the Department of Defense, with appropriate agencies and offices of the Department of Commerce and the Department of State, and with other departments and agencies of the Federal Government in order to ensure that significant activities in research, development, and applications of defense critical technologies are identified, monitored, and assessed by an appropriate department or agency of the Federal Government.
(4) To ensure the maximum practicable public availability of information and assessments contained in the unclassified data bases established pursuant to paragraph (2)—
(A) by limiting, to the maximum practicable extent, restrictive classification of such information and assessments; and
(B) by disseminating to the National Technical Information Service of the Department of Commerce information and assessments regarding defense critical technologies having potential commercial uses.
(5) To disseminate through the National Technical Information Service of the Department of Commerce unclassified information and assessments regarding defense critical technologies having potential commercial uses so that such information and assessments may be further disseminated within the Federal Government and to the private sector.
(Added
Prior Provisions
A prior section 2517 was renumbered
Amendments
1992—
§2518. Overseas foreign critical technology monitoring and assessment financial assistance program
(a)
(b)
(Added
Prior Provisions
A prior section 2518 was renumbered
Amendments
1992—
§2519. Federal Defense Laboratory Diversification Program
(a)
(b)
(2) For purposes of this section, a federally funded research and development center shall be considered a Department of Defense laboratory if the center is sponsored by the Department of Defense.
(c)
(2) Subject to subsection (d), the Secretary may provide a partnership with technical and other assistance in order to facilitate the achievement of the purpose of this section.
(d)
(2) The regulations prescribed pursuant to
(e)
(f)
(g)
(Added
Amendments
1996—Subsec. (b).
Subsec. (f).
[§2520. Repealed. Pub. L. 104–106, div. A, title X, §1081(f), Feb. 10, 1996, 110 Stat. 454 ]
Section, added
SUBCHAPTER IV—MANUFACTURING TECHNOLOGY
Amendments
1998—
1996—
1994—
1993—
[§§2521 to 2524. Repealed. Pub. L. 104–106, div. A, title X, §1081(f), Feb. 10, 1996, 110 Stat. 454 ]
Section 2521, added
A prior section 2521, added
Another prior section 2521 was renumbered
Section 2522, added
A prior section 2522, added
Section 2523, added
A prior section 2523, added
Section 2524, added
A prior section 2524 was renumbered
§2525. Manufacturing Technology Program
(a)
(b)
(1) to provide centralized guidance and direction (including goals, milestones, and priorities) to the military departments and the Defense Agencies on all matters relating to manufacturing technology;
(2) to direct the development and implementation of Department of Defense plans, programs, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment;
(3) to improve the manufacturing quality, productivity, technology, and practices of businesses and workers providing goods and services to the Department of Defense;
(4) to focus Department of Defense support for the development and application of advanced manufacturing technologies and processes for use to meet manufacturing requirements that are essential to the national defense, as well as for repair and remanufacturing in support of the operations of systems commands, depots, air logistics centers, and shipyards;
(5) to disseminate information concerning improved manufacturing improvement concepts, including information on such matters as best manufacturing practices, product data exchange specifications, computer-aided acquisition and logistics support, and rapid acquisition of manufactured parts;
(6) to sustain and enhance the skills and capabilities of the manufacturing work force;
(7) to promote high-performance work systems (with development and dissemination of production technologies that build upon the skills and capabilities of the work force), high levels of worker education and training; and
(8) to ensure appropriate coordination between the manufacturing technology programs and industrial preparedness programs of the Department of Defense and similar programs undertaken by other departments and agencies of the Federal Government or by the private sector.
(c)
(2) In the establishment and review of requirements for an advanced manufacturing technology or process, the Secretary shall ensure the participation of those prospective technology users that are expected to be the users of that technology or process.
(3) The Secretary shall ensure that each project under the program for the development of an advanced manufacturing technology or process includes an implementation plan for the transition of that technology or process to the prospective technology users that will be the users of that technology or process.
(4) In the periodic review of a project under the program, the Secretary shall ensure participation by those prospective technology users that are the expected users for the technology or process being developed under the project.
(5) In order to promote increased dissemination and use of manufacturing technology throughout the national defense technology and industrial base, the Secretary shall seek, to the maximum extent practicable, the participation of manufacturers of manufacturing equipment in the projects under the program.
(6) In this subsection, the term "prospective technology users" means the following officials and elements of the Department of Defense:
(A) Program and project managers for defense weapon systems.
(B) Systems commands.
(C) Depots.
(D) Air logistics centers.
(E) Shipyards.
(d)
(2) Under the competitive procedures used, the factors to be considered in the evaluation of each proposed grant, contract, cooperative agreement, or other transaction for a project under the program shall include the extent to which that proposed transaction provides for the proposed recipient to share in the cost of the project. For a project for which the Government receives an offer from only one offeror, the contracting officer shall negotiate the ratio of contract recipient cost to Government cost that represents the best value to the Government.
(e)
(A) the overall manufacturing technology goals, milestones, priorities, and investment strategy for the program; and
(B) for each of the five fiscal years covered by the plan, the objectives of, and funding for the program by, each military department and each Defense Agency participating in the program.
(2) The plan shall include the following:
(A) An assessment of the effectiveness of the program, including a description of all completed projects and status of implementation.
(B) An assessment of the extent to which the costs of projects are being shared by the following:
(i) Commercial enterprises in the private sector.
(ii) Department of Defense program offices, including weapon system program offices.
(iii) Departments and agencies of the Federal Government outside the Department of Defense.
(iv) Institutions of higher education.
(v) Other institutions not operated for profit.
(vi) Other sources.
(C) Plans for the implementation of the advanced manufacturing technologies and processes being developed under the program.
(3) The plan shall be updated annually and shall be included in the budget justification documents submitted in support of the budget of the Department of Defense for a fiscal year (as included in the budget of the President submitted to Congress under
(Added
Prior Provisions
A prior section 2525 was renumbered
A prior section 2526 was renumbered
Amendments
1999—Subsec. (a).
Subsec. (b)(4).
Subsec. (c)(2) to (6).
Subsec. (d).
Subsec. (e)(2)(A).
Subsec. (e)(2)(C).
1998—Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e)(2).
1997—Subsec. (c)(2).
Subsec. (e).
1996—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(2)(C).
Subsec. (d)(3), (4).
1994—
Deadline for First Plan
Section 211(c) of
SUBCHAPTER V—MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS
Amendments
1994—
1993—
1992—
§2531. Defense memoranda of understanding and related agreements
(a)
(1) consider the effects of such existing or proposed memorandum of understanding or related agreement on the defense technology and industrial base of the United States; and
(2) regularly solicit and consider comments and recommendations from the Secretary of Commerce with respect to the commercial implications of such memorandum of understanding or related agreement and the potential effects of such memorandum of understanding or related agreement on the international competitive position of United States industry.
(b)
(c)
(Added
Amendments
1992—
Subsec. (a)(1).
1990—Subsec. (a).
1989—
"(1) consider the effect of such proposed memorandum of understanding on the defense industrial base of the United States; and
"(2) regularly solicit and consider information or recommendations from the Secretary of Commerce with respect to the effect on the United States industrial base of such memorandum of understanding."
Section Referred to in Other Sections
This section is referred to in
§2532. Offset policy; notification
(a)
(1) Transfer of technology in connection with offset arrangements.
(2) Application of offset arrangements, including cases in which United States funds are used to finance the purchase by a foreign government.
(3) Effects of offset arrangements on specific subsectors of the industrial base of the United States and for preventing or ameliorating any serious adverse effects on such subsectors.
(b)
(2) Paragraph (1) shall not apply in the case of a memorandum of understanding or agreement described in paragraph (1) if the Secretary of Defense, in consultation with the Secretary of Commerce and the Secretary of State, determines that a transfer of United States defense technology pursuant to such understanding or agreement will result in strengthening the national security of the United States and so certifies to Congress.
(3) If a United States firm is required under the terms of a memorandum of understanding, or other agreement entered into by the United States with a foreign country, to transfer defense technology to a foreign country, the United States firm may protest the determination to the Secretary of Defense on the grounds that the transfer of such technology would adversely affect the defense industrial base of the United States and would result in substantial financial loss to the protesting firm. The Secretary of Defense, in consultation with the Secretary of Commerce and the Secretary of State, shall make the final determination of the validity of the protesting firm's claim.
(c)
(d)
(1) The term "United States firm" means a business entity that performs substantially all of its manufacturing, production, and research and development activities in the United States.
(2) The term "foreign firm" means a business entity other than a United States firm.
(Added
Amendments
1992—
Contractual Offset Arrangements; Congressional Statement of Findings
Section 825(a) of
"(1) Many contracts entered into by United States firms for the supply of weapon systems or defense-related items to foreign countries and foreign firms are subject to contractual arrangements under which United States firms must agree—
"(A) to have a specified percentage of work under, or monetary amount of, the contract performed by one or more foreign firms;
"(B) to purchase a specified amount or quantity of unrelated goods or services from domestic sources of such foreign countries; or
"(C) to invest a specified amount in domestic businesses of such foreign countries.
Such contractual arrangements, known as 'offsets', are a component of international trade and could have an impact on United States defense industry opportunities in domestic and foreign markets.
"(2) Some United States contractors and subcontractors may be adversely affected by such contractual arrangements.
"(3) Many contracts which provide for or are subject to offset arrangements require, in connection with such arrangements, the transfer of United States technology to foreign firms.
"(4) The use of such transferred technology by foreign firms in conjunction with foreign trade practices permitted under the trade policies of the countries of such firms can give foreign firms a competitive advantage against United States firms in world markets for products using such technology.
"(5) A purchase of defense equipment pursuant to an offset arrangement may increase the cost of the defense equipment to the purchasing country and may reduce the amount of defense equipment that a country may purchase.
"(6) The exporting of defense equipment produced in the United States is important to maintain the defense industrial base of the United States, lower the unit cost of such equipment to the Department of Defense, and encourage the standardized utilization of United States equipment by the allies of the United States."
Negotiations With Countries Requiring Offset Arrangements
Section 825(c) of
"(1) The President shall enter into negotiations with foreign countries that have a policy of requiring an offset arrangement in connection with the purchase of defense equipment or supplies from the United States. The negotiations should be conducted with a view to achieving an agreement with the countries concerned that would limit the adverse effects that such arrangements have on the defense industrial base of each such country. Every effort shall be made to achieve such agreements within two years after September 29, 1988.
"(2) In the negotiation or renegotiation of any memorandum of understanding between the United States and one or more foreign countries relating to the reciprocal procurement of defense equipment and supplies or research and development, the President shall make every effort to achieve an agreement with the country or countries concerned that would limit the adverse effects that offset arrangements have on the defense industrial base of the United States."
[For delegation of functions of President under section 825(c) of
Report to Congress on Offset Arrangements Required by Foreign Countries and Firms; Discussion of Policy Options
Section 825(d) of
"(1) Not later than November 15, 1988, the President shall submit to Congress a comprehensive report on contractual offset arrangements required of United States firms for the supply of weapon systems or defense-related items to foreign countries or foreign firms. Such report shall include, at a minimum, the following:
"(A) An analysis of the amount and type of contractual offsets required of United States firms by the governments of foreign countries or by foreign firms.
"(B) An assessment of the benefits for and costs to United States manufacturers of defense products at all tiers that result from requirements of foreign governments for contractual offset arrangements in the case of products procured from United States firms.
"(C) An assessment of the benefits for and the costs to United States manufacturers of defense products at all tiers that would result from restriction of the ability of foreign governments or foreign firms to require contractual offsets in the case of defense products procured from United States firms.
"(D) An assessment of the benefits and costs of a United States policy that requires reciprocal offsets in the procurement of defense products from those countries whose governments have a policy of requiring contractual offsets in the case of defense products procured from United States firms.
"(E) An assessment of the impact that elimination of contractual offset requirements in international sales of defense products would have on the national security of the United States.
"(F) Recommendations for a national policy with respect to contractual offset arrangements.
"(G) A preliminary discussion of the actions referred to in paragraph (2).
"(2) Not later than March 15, 1990, the President shall transmit to Congress a report containing a discussion of appropriate actions to be taken by the United States with respect to purchases from United States firms by a foreign country (or a firm of that country) when that country or firm requires an offset arrangement in connection with the purchase of defense equipment or supplies in favor of such country. The report shall include a discussion of the following possible actions:
"(A) A requirement for an offset in favor of the United States or United States firms in any case in which the Department of Defense or any other department or agency of the United States purchases goods from such foreign country or a firm of such country.
"(B) A demand for offset credits from such foreign country to be used, to the extent practicable, to meet offset obligations of United States firms to such foreign country or to a firm of such country.
"(C) A reduction in assistance furnished such foreign country by the United States.
"(D) A requirement for alternative equivalent advantages in the case of any such foreign country or a firm of such country if the United States does not purchase a sufficient volume of goods from such country or firm for a requirement described in subparagraph (A) to be effective.
"(3) The President shall report to Congress at least once each year, for a period of 4 years, on the progress of the negotiations referred to in subsection (c) [set out above]. The first such report shall be submitted not later than one year after the date of the enactment of this Act [Sept. 29, 1988].
"(4) In this subsection, the terms 'United States firm' and 'foreign firm' have the same meanings as are provided in section 2505(d) [now 2532(d)] of
[For delegation of functions of President under section 825(d) of
Section Referred to in Other Sections
This section is referred to in
§2533. Determinations of public interest under the Buy American Act
(a) In determining under section 2 of the Buy American Act (
(1) The bids or proposals of small business firms in the United States which have offered to furnish American goods.
(2) The bids or proposals of all other firms in the United States which have offered to furnish American goods.
(3) The United States balance of payments.
(4) The cost of shipping goods which are other than American goods.
(5) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods.
(6) A need to ensure that the Department of Defense has access to advanced, state-of-the-art commercial technology.
(7) The need to protect the national technology and industrial base, to preserve and enhance the national technology employment base, and to provide for a defense mobilization base.
(8) A need to ensure that application of different rules of origin for United States end items and foreign end items does not result in an award to a firm other than a firm providing a product produced in the United States.
(9) Any need—
(A) to maintain the same source of supply for spare and replacement parts for an end item that qualifies as an American good; or
(B) to maintain the same source of supply for spare and replacement parts in order not to impair integration of the military and commercial industrial base.
(10) The national security interests of the United States.
(b) In this section, the term "goods which are other than American goods" means—
(1) an end product that is not mined, produced, or manufactured in the United States; or
(2) an end product that is manufactured in the United States but which includes components mined, produced, or manufactured outside the United States the aggregate cost of which exceeds the aggregate cost of the components of such end product that are mined, produced, or manufactured in the United States.
(Added
Historical and Revision Notes
Section is based on
References in Text
The Buy American Act, referred to in subsec. (a), is title III of act Mar. 3, 1933, ch. 212,
Amendments
1997—Subsec. (a).
1996—Subsec. (a).
1994—
Subsec. (a).
"(1) The bids or proposals of firms located in labor surplus areas in the United States (as designated by the Department of Labor) which have offered to furnish American goods.
"(2) The bids or proposals of small business firms in the United States which have offered to furnish American goods.
"(3) The bids or proposals of all other firms in the United States which have offered to furnish American goods.
"(4) The United States balance of payments.
"(5) The cost of shipping goods which are other than American goods.
"(6) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods."
Subsecs. (b), (c).
1992—
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
§2534. Miscellaneous limitations on the procurement of goods other than United States goods
(a)
(1)
(2)
(3)
(i) Air circuit breakers.
(ii) Welded shipboard anchor and mooring chain with a diameter of four inches or less.
(iii) Vessel propellers with a diameter of six feet or more.
(B) The following components of vessels, to the extent they are unique to marine applications: gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion and machinery control systems, and totally enclosed lifeboats.
(4)
(A) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping for naval surface ships and submarines.
(B) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461.
(5)
(b)
(1)
(2)
(A) meets the requirement set forth in paragraph (1);
(B) is an existing producer under the industrial preparedness program at the time the contract is awarded;
(C) has received all required regulatory approvals; and
(D) when the contract for the procurement is awarded, has in existence in the national technology and industrial base the plant, equipment, and personnel necessary to perform the contract.
(3)
(A) the manufacturer meets the requirements set forth in paragraph (1); and
(B) all castings incorporated into such propellers are poured and finished in the United States.
(c)
(1)
(2)
(i) A contract for procurement of such an item for use in property under the control of the Department of Defense, including any Government-owned, contractor-operated facility.
(ii) A contract that is entered into by a contractor on behalf of the Department of Defense for the purpose of providing such an item to another contractor as Government-furnished equipment.
(B) In any case in which a contract for items described in subsection (a)(4) includes the procurement of more than one Federal Supply Class of machine tools or machine tools and accessories, each supply class shall be evaluated separately for purposes of determining whether the limitation in subsection (a) applies.
(C) Subsection (a)(4) and this paragraph shall cease to be effective on October 1, 1996.
(3)
(4)
(d)
(1) Application of the limitation would cause unreasonable costs or delays to be incurred.
(2) United States producers of the item would not be jeopardized by competition from a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.
(3) Application of the limitation would impede cooperative programs entered into between the Department of Defense and a foreign country, or would impede the reciprocal procurement of defense items under a memorandum of understanding providing for reciprocal procurement of defense items that is entered into under
(4) Satisfactory quality items manufactured by an entity that is part of the national technology and industrial base (as defined in
(5) Application of the limitation would result in the existence of only one source for the item that is an entity that is part of the national technology and industrial base (as defined in
(6) The procurement is for an amount less than the simplified acquisition threshold and simplified purchase procedures are being used.
(7) Application of the limitation is not in the national security interests of the United States.
(8) Application of the limitation would adversely affect a United States company.
(e)
(1)
(2)
(3)
(f)
(1) specifically refers to this section;
(2) specifically states that such provision of law modifies or supersedes the provisions of this section; and
(3) specifically identifies the particular domestic source involved and states that the contract to be awarded pursuant to such provision of law is being awarded in contravention of this section.
(g)
(2) Paragraph (1) does not apply to contracts for items described in subsection (a)(5) (relating to ball bearings and roller bearings), notwithstanding section 33 of the Office of Federal Procurement Policy Act (
(h)
(1) may not use contract clauses or certifications; and
(2) shall use management and oversight techniques that achieve the objective of the subsection without imposing a significant management burden on the Government or the contractor involved.
(i)
(2) This subsection applies to the waiver authority provided by subsection (d) on the basis of the applicability of paragraph (2) or (3) of that subsection.
(3) The waiver authority described in paragraph (2) may not be delegated below the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(4) At least 15 days before the effective date of any waiver made under the waiver authority described in paragraph (2), the Secretary shall publish in the Federal Register and submit to the congressional defense committees a notice of the determination to exercise the waiver authority.
(5) Any waiver made by the Secretary under the waiver authority described in paragraph (2) shall be in effect for a period not greater than one year, as determined by the Secretary.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2400 | 10:2303 (note). | Sept. 20, 1968, |
The words "of the United States under the provisions of this Act or the provisions of any other law" are omitted as surplus. The word "acquisition" is substituted for "purchase, lease, rental, or other acquisition" because it is inclusive. The words "this section" are substituted for "this prohibition" because of the restatement.
Amendments
1999—Subsec. (i)(3).
1997—Subsec. (b)(3).
Subsec. (d)(4), (5).
Subsec. (i).
1996—Subsec. (a)(3).
Subsec. (b)(3).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (d)(3).
Subsec. (g).
Subsec. (h).
1994—
Subsec. (g).
1993—Subsec. (b)(2).
1992—
Subsec. (c).
Subsec. (d).
Subsec. (d)(3)(A).
Subsec. (e).
Subsec. (f).
1991—Subsec. (d)(1).
Subsec. (d)(3) to (5).
Subsec. (e)(1).
Subsec. (e)(3).
Subsec. (e)(3)(A).
Subsec. (e)(4).
1990—Subsec. (e).
Subsec. (f).
1988—
Subsec. (a).
Subsec. (d).
1987—
Effective Date of 1997 Amendment
Section 811(b) of
"(1) contracts and subcontracts entered into on or after the date of the enactment of this Act [Nov. 18, 1997]; and
"(2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (d) of such section 2534, on the basis of the applicability of paragraph (2) or (3) of that subsection."
Effective Date of 1996 Amendment
Section 806(a)(5) of
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date of 1992 Amendment
Section 833(b) of
Effective Date of 1990 Amendment
Section 835(b) of
§2535. Defense Industrial Reserve
(a)
(b)
(A) determine which industrial plants and installations (including machine tools and other industrial manufacturing equipment) should become a part of the defense industrial reserve;
(B) designate what excess industrial property shall be disposed of;
(C) establish general policies and provide for the transportation, handling, care, storage, protection, maintenance, repair, rebuilding, utilization, recording, leasing and security of such property;
(D) direct the transfer without reimbursement of such property to other Government agencies with the consent of such agencies;
(E) direct the leasing of any of such property to designated lessees;
(F) authorize the disposition in accordance with existing law of any of such property when in the opinion of the Secretary such property is no longer needed by the Department of Defense; and
(G) notwithstanding title II of the Federal Property and Administrative Services Act of 1949 (
(2)(A) The Secretary of a military department to which equipment or other property is transferred from the Defense Industrial Reserve shall reimburse appropriations available for the purposes of the Defense Industrial Reserve for the full cost (including direct and indirect costs) of—
(i) storage of such property;
(ii) repair and maintenance of such property; and
(iii) overhead allocated to such property.
(B) The Secretary of Defense shall prescribe regulations establishing general policies and fee schedules for reimbursements under subparagraph (A).
(c)
(1) The term "Secretary" means Secretary of Defense.
(2) The term "Defense Industrial Reserve" means (A) a general reserve of industrial manufacturing equipment, including machine tools, selected by the Secretary of Defense for retention for national defense or for other emergency use; (B) those industrial plants and installations held by and under the control of the Department of Defense in active or inactive status, including Government-owned/Government-operated plants and installations and Government-owned/contractor-operated plants and installations which are retained for use in their entirety, or in part, for production of military weapons systems, munitions, components, or supplies; (C) those industrial plants and installations under the control of the Secretary which are not required for the immediate need of any department or agency of the Government and which should be sold, leased, or otherwise disposed of.
(3) The term "plant equipment package" means a complement of active and idle machine tools and other industrial manufacturing equipment held by and under the control of the Department of Defense and approved by the Secretary for retention to produce particular defense materiel or defense supporting items at a specific level of output in the event of emergency.
(Added and amended
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1)(G), is act June 30, 1949, ch. 288,
Codification
The text of
The text of
The text of
Amendments
1994—Subsec. (b)(1)(G).
1993—Subsec. (b)(2)(B).
1992—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Treatment of Property Loaned Before December 31, 1993 to Educational Institutions or Training Schools
Section 379(b) of
§2536. Award of certain contracts to entities controlled by a foreign government: prohibition
(a)
(b)
(A) the Secretary concerned determines that the waiver is essential to the national security interests of the United States; or
(B) in the case of a contract awarded for environmental restoration, remediation, or waste management at a Department of Defense or Department of Energy facility—
(i) the Secretary concerned determines that the waiver will advance the environmental restoration, remediation, or waste management objectives of the department concerned and will not harm the national security interests of the United States; and
(ii) the entity to which the contract is awarded is controlled by a foreign government with which the Secretary concerned is authorized to exchange Restricted Data under section 144 c. of the Atomic Energy Act of 1954 (
(2) The Secretary concerned shall notify Congress of any decision to grant a waiver under paragraph (1)(B) with respect to a contract. The contract may be awarded only after the end of the 45-day period beginning on the date the notification is received by the committees.
(c)
(1) The term "entity controlled by a foreign government" includes—
(A) any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and
(B) any individual acting on behalf of a foreign government,
as determined by the Secretary concerned. Such term does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.
(2) The term "proscribed category of information" means a category of information that—
(A) with respect to Department of Defense contracts—
(i) includes special access information;
(ii) is determined by the Secretary of Defense to include information the disclosure of which to an entity controlled by a foreign government is not in the national security interests of the United States; and
(iii) is defined in regulations prescribed by the Secretary of Defense for the purposes of this section; and
(B) with respect to Department of Energy contracts—
(i) is determined by the Secretary of Energy to include information described in subparagraph (A)(ii); and
(ii) is defined in regulations prescribed by the Secretary of Energy for the purposes of this section.
(3) The term "Secretary concerned" means—
(A) the Secretary of Defense, with respect to Department of Defense contracts; and
(B) the Secretary of Energy, with respect to Department of Energy contracts.
(Added
Amendments
1996—Subsec. (b).
1993—
Subsec. (a).
Subsec. (c)(1).
Effective Date of 1992 Amendment
Section 836(b) of
§2537. Improved national defense control of technology diversions overseas
(a)
(b)
(c)
(2) The entities referred to in paragraph (1) are the following:
(A) The Defense Intelligence Agency.
(B) The Army Foreign Technology Science Center.
(C) The Naval Maritime Intelligence Center.
(D) The Air Force Foreign Aerospace Science and Technology Center.
(Added
Amendments
1993—Subsec. (a).
Subsec. (d).
§2538. Industrial mobilization: orders; priorities; possession of manufacturing plants; violations
(a)
(b)
(c)
(1) to give precedence to the order as prescribed in subsection (b);
(2) to manufacture the kind, quantity, or quality of arms or ammunition, parts thereof, or necessary supplies, as ordered by the head of such department; or
(3) to furnish them at a reasonable price as determined by the head of such department.
(d)
(e)
(f)
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1994—Subsec. (a).
Subsec. (c).
Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§2539. Industrial mobilization: plants; lists
(a)
(b)
(c)
(Added
Prior Provisions
Provisions similar to those in this section were contained in sections 4502(a)–(c) and 9502(a)–(c) of this title, prior to repeal by
Section Referred to in Other Sections
This section is referred to in
§2539a. Industrial mobilization: Board on Mobilization of Industries Essential for Military Preparedness
The President may appoint a nonpartisan Board on Mobilization of Industries Essential for Military Preparedness, and may provide necessary clerical assistance, to organize and coordinate operations under
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1994—
§2539b. Availability of samples, drawings, information, equipment, materials, and certain services
(a)
(1) sell, rent, lend, or give samples, drawings, and manufacturing or other information (subject to the rights of third parties) to any person or entity;
(2) sell, rent, or lend government equipment or materials to any person or entity—
(A) for use in independent research and development programs, subject to the condition that the equipment or material be used exclusively for such research and development; or
(B) for use in demonstrations to a friendly foreign government; and
(3) make available to any person or entity, at an appropriate fee, the services of any government laboratory, center, range, or other testing facility for the testing of materials, equipment, models, computer software, and other items.
(b)
(c)
(d)
(Added
Prior Provisions
Prior sections 2540 and 2541 were renumbered
Amendments
1999—Subsec. (a).
1996—Subsec. (a).
Subsec. (c).
1994—
Subsec. (a).
Effective Date of 1996 Amendment
Section 4321(a) of
SUBCHAPTER VI—DEFENSE EXPORT LOAN GUARANTEES
§2540. Establishment of loan guarantee program
(a)
(b)
(1) A member nation of the North Atlantic Treaty Organization (NATO).
(2) A country designated as of March 31, 1995, as a major non-NATO ally pursuant to
(3) A country in Central Europe that, as determined by the Secretary of State—
(A) has changed its form of national government from a nondemocratic form of government to a democratic form of government since October 1, 1989; or
(B) is in the process of changing its form of national government from a nondemocratic form of government to a democratic form of government.
(4) A noncommunist country that was a member nation of the Asia Pacific Economic Cooperation (APEC) as of October 31, 1993.
(c)
(Added
Prior Provisions
A prior section 2540, acts Aug. 10, 1956, ch. 1041,
Report on Defense Export Loan Guarantee Program
Section 1321(b) of
"(1) an analysis of the costs and benefits of the loan guarantee program; and
"(2) any recommendations for modification of the program that the President considers appropriate, including—
"(A) any recommended addition to the list of countries for which a guarantee may be issued under the program; and
"(B) any proposed legislation necessary to authorize a recommended modification."
§2540a. Transferability
A guarantee issued under this subchapter shall be fully and freely transferable.
(Added
§2540b. Limitations
(a)
(b)
(c)
(Added
§2540c. Fees charged and collected
(a)
(b)
(c)
(d)
(Added
§2540d. Definitions
In this subchapter:
(1) The terms "defense article", "defense services", and "design and construction services" have the meanings given those terms in section 47 of the Arms Export Control Act (
(2) The term "cost", with respect to a loan guarantee, has the meaning given that term in section 502 of the Congressional Budget and Impoundment Control Act of 1974 (
(Added
CHAPTER 152 —ISSUE OF SUPPLIES, SERVICES, AND FACILITIES
Prior Provisions
Chapter was comprised of subchapter I, former section 2540, and subchapter II, sections 2541 to 2553, prior to amendment by
Amendments
1997—
1996—
1994—
1992—
1991—
1990—
1989—
1985—
1983—
1978—
1972—
1958—
Cross References
Naval supplies and services, furnishing and sale to—
Foreign naval vessels and aircraft, see
Merchant vessels, see
Particular provisions relating to—
Air Force, see
Army, see
Property records, basis and reports, see
§2541. Equipment and barracks: national veterans' organizations
(a) The Secretary of a military department, under conditions prescribed by him, may lend cots, blankets, pillows, mattresses, bed sacks, and other supplies under the jurisdiction of that department to any recognized national veterans' organization for use at its national or state convention or national youth athletic or recreation tournament. He may, under conditions prescribed by him, also permit the organization to use unoccupied barracks under the jurisdiction of that department for such an occasion.
(b) Property lent under subsection (a) may be delivered on terms and at times agreed upon by the Secretary of the military department concerned and representatives of the veterans' organization. However, the veterans' organization must defray any expense incurred by the United States in the delivery, return, rehabilitation, or replacement of that property, as determined by the Secretary.
(c) The Secretary of the military department concerned shall require a good and sufficient bond for the return in good condition of property lent or used under subsection (a).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2541(a) 2541(b) |
5:150m. 5:150n. |
Aug. 1, 1949, ch. 372, |
2541(c) | 5:150o. |
In subsection (a), the word "may" is substituted for the words "are authorized to * * * at their discretion". The word "supplies" is substituted for the words "articles or equipment". The words "available" and "as may be needed" are omitted as surplusage. The words "under the jurisdiction of that department" are substituted for the words "of the Army, Navy, or Air Force" and "under their respective jurisdictions".
In subsection (b), the words "prior to any such conventions or national youth athletic or recreation tournaments" are omitted as surplusage.
In subsection (c), the words "require of" are substituted for the words "take from".
§2542. Equipment for instruction and practice: American National Red Cross
The Secretary of a military department, under regulations to be prescribed by him, may lend equipment under the jurisdiction of that department that is on hand, and that can be temporarily spared, to any organization formed by the American National Red Cross that needs it for instruction and practice for the purpose of aiding the Army, Navy, or Air Force in time of war. The Secretary shall by regulation require the immediate return, upon request, of equipment lent under this section. The Secretary shall require a bond, in double the value of the property issued under this section, for the care and safekeeping of that property and for its return when required.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2542 | 10:1255. 10:1256. 34:549. 34:550. |
May 8, 1914, J. Res. 15, |
The word "may" is substituted for the words "is authorized * * * at his discretion", in 10:1255 and 34:549. The word "lend" is substituted for the word "issue", in 10:1255 and 34:549. The words "proper", "to be", "out of equipment for medical or other establishments", and "belonging to the Government", in 10:1255 and 34:549, are omitted as surplusage. The words "that needs it" are substituted for the words "as may appear to be required". The words "under the jurisdiction of that department" are inserted for clarity. The words "upon request" are substituted for the words "when called for by the authority which issued them".
Cross References
Cooperation and assistance to armed forces by American National Red Cross, see
Sale of medical supplies and ordnance property to American National Red Cross, see
§2543. Equipment and services: Presidential inaugural ceremonies
(a)
(1) the Presidential Inaugural Committee; and
(2) the congressional Joint Inaugural Committee.
(b)
(1) Planning and carrying out activities relating to security and safety.
(2) Planning and carrying out ceremonial activities.
(3) Loan of property.
(4) Any other assistance that the Secretary considers appropriate.
(c)
(2) Costs reimbursed under paragraph (1) shall be credited to the appropriations from which the costs were paid. The amount credited to an appropriation shall be proportionate to the amount of the costs charged to that appropriation.
(d)
(1) return that property within nine days after the date of the ceremony inaugurating the President;
(2) give good and sufficient bond for the return in good order and condition of that property;
(3) indemnify the United States for any loss of, or damage to, that property; and
(4) defray any expense incurred for the delivery, return, rehabilitation, replacement, or operation of that property.
(e)
(1) The term "Presidential Inaugural Committee" means the committee referred to in
(2) The term "congressional Joint Inaugural Committee" means the joint committee of the Senate and House of Representatives referred to in
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2543(a) 2543(b) 2543(c) |
36:726 (1st sentence). 36:726 (less 1st and 2d sentences). 36:721(b)(1) (as applicable to 36:726). 36:726 (2d sentence). |
Aug. 6, 1956, ch. 974, §§1(b)(1) (as applicable to §6), 6, |
In subsection (a), the words "under
In subsection (b), the words "and the whole without expense to the United States" are omitted as surplusage.
In subsection (c), the words "nine days after the date of the ceremony inaugurating the President" are substituted for the words "five days after the end of the inaugural period", in 36:726 (2d sentence), and 36:721(b)(1).
Amendments
1998—Subsec. (e)(1).
Subsec. (e)(2).
1996—
"(a) The Secretary of Defense, under such conditions as he may prescribe, may lend, to an Inaugural Committee established under the first section of the Presidential Inaugural Ceremonies Act (
"(b) The Inaugural Committee must give a good and sufficient bond for the return in good order and condition of property lent under subsection (a).
"(c) Property lent under subsection (a) shall be returned within nine days after the date of the ceremony inaugurating the President. The Inaugural Committee shall—
"(1) indemnify the United States for any loss of, or damage to, property lent under subsection (a); and
"(2) defray any expense incurred for the delivery, return, rehabilitation, replacement, or operation of that property."
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
§2544. Equipment and other services: Boy Scout Jamborees
(a) The Secretary of Defense is hereby authorized, under such regulations as he may prescribe, to lend to the Boy Scouts of America, for the use and accommodation of Scouts, Scouters, and officials who attend any national or world Boy Scout Jamboree, such cots, blankets, commissary equipment, flags, refrigerators, and other equipment and without reimbursement, furnish services and expendable medical supplies, as may be necessary or useful to the extent that items are in stock and items or services are available.
(b) Such equipment is authorized to be delivered at such time prior to the holding of any national or world Boy Scout Jamboree, and to be returned at such time after the close of any such jamboree, as may be agreed upon by the Secretary of Defense and the Boy Scouts of America. No expense shall be incurred by the United States Government for the delivery, return, rehabilitation, or replacement of such equipment.
(c) The Secretary of Defense, before delivering such property, shall take from the Boy Scouts of America, good and sufficient bond for the safe return of such property in good order and condition, and the whole without expense to the United States.
(d) The Secretary of Defense is hereby authorized under such regulations as he may prescribe, to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sealift Command or aircraft of the Military Airlift Command for (1) those Boy Scouts, Scouters, and officials certified by the Boy Scouts of America, as representing the Boy Scouts of America at any national or world Boy Scout Jamboree, and (2) the equipment and property of such Boy Scouts, Scouters, and officials and the property loaned to the Boy Scouts of America, by the Secretary of Defense pursuant to this section to the extent that such transportation will not interfere with the requirements of military operations.
(e) Before furnishing any transportation under subsection (d), the Secretary of Defense shall take from the Boy Scouts of America, a good and sufficient bond for the reimbursement to the United States by the Boy Scouts of America, of the actual costs of transportation furnished under this section.
(f) Amounts paid to the United States to reimburse it for expenses incurred under subsection (b) and for the actual costs of transportation furnished under subsection (d) shall be credited to the current applicable appropriations or funds to which such expenses and costs were charged and shall be available for the same purposes as such appropriations or funds.
(g) In the case of a Boy Scout Jamboree held on a military installation, the Secretary of Defense may provide personnel services and logistical support at the military installation in addition to the support authorized under subsections (a) and (d).
(h) Other departments of the Federal Government are authorized, under such regulations as may be prescribed by the Secretary thereof, to provide to the Boy Scouts of America, equipment and other services, under the same conditions and restrictions prescribed in the preceding subsections for the Secretary of Defense.
(Added
Amendments
1996—Subsecs. (g), (h).
§2545. Transportation services: international Girl Scout events
(a) The Secretary of Defense is authorized, under such regulations as he may prescribe, to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sealift Command or aircraft of the Military Airlift Command for (1) those Girl Scouts and officials certified by the Girl Scouts of the United States of America as representing the Girl Scouts of the United States of America at any International World Friendship Event or Troops on Foreign Soil meeting which is endorsed and approved by the National Board of Directors of the Girl Scouts of the United States of America and is conducted outside of the United States, (2) United States citizen delegates coming from outside of the United States to triennial meetings of the National Council of the Girl Scouts of the United States of America, and (3) the equipment and property of such Girl Scouts and officials, to the extent that such transportation will not interfere with the requirements of military operations.
(b) Before furnishing any transportation under subsection (a), the Secretary of Defense shall take from the Girl Scouts of the United States of America a good and sufficient bond for the reimbursement to the United States by the Girl Scouts of the United States of America, of the actual costs of transportation furnished under subsection (a).
(c) Amounts paid to the United States to reimburse it for the actual costs of transportation furnished under subsection (a) shall be credited to the current applicable appropriations or funds to which such costs were charged and shall be available for the same purposes as such appropriations or funds.
(Added
§2546. Shelter for homeless; incidental services
(a)(1) The Secretary of a military department may make military installations under his jurisdiction available for the furnishing of shelter to persons without adequate shelter. The Secretary may, incidental to the furnishing of such shelter, provide services as described in subsection (b). Shelter and incidental services provided under this section may be provided without reimbursement.
(2) The Secretary concerned shall carry out this section in cooperation with appropriate State and local governmental entities and charitable organizations. The Secretary shall, to the maximum extent practicable, use the services and personnel of such entities and organizations in determining to whom and the circumstances under which shelter is furnished under this section.
(b) Services that may be provided incident to the furnishing of shelter under this section are the following:
(1) Utilities.
(2) Bedding.
(3) Security.
(4) Transportation.
(5) Renovation of facilities.
(6) Minor repairs undertaken specifically to make suitable space available for shelter to be provided under this section.
(7) Property liability insurance.
(c) Shelter and incidental services may only be provided under this section to the extent that the Secretary concerned determines will not interfere with military preparedness or ongoing military functions.
(d) The Secretary concerned may provide bedding for support of shelters for the homeless that are operated by entities other than the Department of Defense. Bedding may be provided under this subsection without reimbursement, but may only be provided to the extent that the Secretary determines that the provision of such bedding will not interfere with military requirements.
(e) The Secretary of Defense shall prescribe regulations for the administration of this section.
(Added
Amendments
1985—Subsecs. (d), (e).
Effective Date
Section 305(b) of
§2547. Excess nonlethal supplies: humanitarian relief
(a) The Secretary of Defense may make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense.
(b) Excess supplies made available for humanitarian relief purposes under this section shall be transferred to the Secretary of State, who shall be responsible for the distribution of such supplies.
(c) This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the intelligence committees under title V of the National Security Act of 1947 (
(d) In this section:
(1) The term "nonlethal excess supplies" means property, other than real property, of the Department of Defense—
(A) that is excess property, as defined in regulations of the Department of Defense; and
(B) that is not a weapon, ammunition, or other equipment or material that is designed to inflict serious bodily harm or death.
(2) The term "intelligence committees" means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
(Added
References in Text
The National Security Act of 1947, referred to in subsec. (c), is act July 26, 1947, ch. 343,
Amendments
1991—Subsec. (c).
1990—Subsecs. (d), (e).
"(1) The Secretary of State shall submit an annual report on the disposition of all excess supplies transferred by the Secretary of Defense to the Secretary of State under this section during the preceding year.
"(2) Such reports shall be submitted to the Committees on Armed Services and on Foreign Relations of the Senate and the Committees on Armed Services and on Foreign Affairs of the House of Representatives.
"(3) Such reports shall be submitted not later than June 1 of each year."
1987—Subsec. (e)(1), (2).
Section Referred to in Other Sections
This section is referred to in
§2548. National military associations: assistance at national conventions
(a)
(b)
(1) the provision of the services in any case is approved in advance by the Secretary concerned;
(2) the services can be provided in conjunction with training in appropriate military skills; and
(3) the services can be provided within existing funds otherwise available to the Secretary concerned.
(c)
(1) limited air and ground transportation;
(2) communications;
(3) medical assistance;
(4) administrative support; and
(5) security support.
(d)
(e)
(Added
Effective Date
Section 329(b) of
§2549. Provision of medical care to foreign military and diplomatic personnel: reimbursement required; waiver for provision of reciprocal services
(a)
(b)
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§2550. Aircraft and vehicles: limitation on leasing to non-Federal agencies
The Secretary of Defense (or Secretary of a military department) may not lease to a non-Federal agency in the United States any aircraft or vehicle owned or operated by the Department of Defense if suitable aircraft or vehicles are commercially available in the private sector. However, nothing in the preceding sentence shall affect authorized and established procedures for the sale of surplus aircraft or vehicles.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§2551. Humanitarian assistance
(a)
(b)
(c)
(2) Each report required by paragraph (1) shall cover all provisions of law that authorize appropriations for humanitarian assistance to be available from the Department of Defense for the purposes of this section.
(3) Each report under this subsection shall set forth the following information regarding activities during the previous fiscal year:
(A) The total amount of funds obligated for humanitarian relief under this section.
(B) The number of scheduled and completed transportation missions for purposes of providing humanitarian assistance under this section.
(C) A description of any transfer of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under
(d)
(e)
(f)
(1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) The Committee on Armed Services and the Committee on International Relations of the House of Representatives.
(Added
Amendments
1999—Subsec. (f)(2).
1996—Subsec. (b).
"(1) the payment of administrative costs incurred in providing the transportation described in subsection (a); and
"(2) the purchase or other acquisition of transportation assets for the distribution of humanitarian relief supplies in the country of destination."
Subsec. (c).
"(c)
"(2) Such transportation shall be provided by the most economical commercial or military means available, unless the Secretary of State determines that it is in the national interest of the United States to provide such transportation other than by the most economical means available. The means used to provide such transportation may include the use of aircraft and personnel of the reserve components of the Armed Forces.
"(3) Nothing in this subsection shall be construed as waiving the requirements of
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Notifications Regarding Humanitarian Relief
Notification provided to appropriate congressional committees with respect to assistance under this section to include detailed description of items for which transportation is provided that are excess nonlethal supplies of Department of Defense, including quantity, acquisition value, and value at time of transportation of such items, see section 1504(c) of
Laws Covered by Initial Reports
Section 304(d) of
§2552. Limitation on use of excess construction or fire equipment from Department of Defense stocks in foreign assistance or military sales programs
(a)
(1) no department or agency of the Federal Government (other than the Department of Defense), no State, and no other person or entity eligible to receive excess or surplus property under the Federal Property and Administrative Services Act of 1949 (
(2) the President determines that the transfer is necessary in order to respond to an emergency for which the equipment is especially suited.
(b)
(c)
(Added
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (a), is
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a)(1), is act June 30, 1949, ch. 288,
§2553. Articles and services of industrial facilities: sale to persons outside the Department of Defense
(a)
(2)(A) Except as provided in subparagraph (B), articles and services referred to in paragraph (1) are articles and services that are manufactured or performed by any working-capital funded industrial facility of the armed forces.
(B) The authority in this section does not apply to sales of articles and services by a working-capital funded Army industrial facility (including a Department of the Army arsenal) that manufactures large caliber cannons, gun mounts, recoil mechanisms, ammunition, munitions, or components thereof, which are governed by regulations required by
(b)
(c)
(A) the Secretary of Defense determines that the articles or services are not available from a commercial source in the United States;
(B) the purchaser agrees to hold harmless and indemnify the United States, except in any case of willful misconduct or gross negligence, from any claim for damages or injury to any person or property arising out of the articles or services;
(C) the articles or services can be substantially manufactured or performed by the industrial facility concerned with only incidental subcontracting;
(D) it is in the public interest to manufacture the articles or perform the services;
(E) the Secretary determines that the sale of the articles or services will not interfere with the military mission of the industrial facility concerned; and
(F) the sale of the goods and services is made on the basis that it will not interfere with performance of work by the industrial facility concerned for the Department of Defense.
(2) The Secretary of Defense may waive the condition in paragraph (1)(A) and subsection (a)(1) that an article or service must be not available from a United States commercial source in the case of a particular sale if the Secretary determines that the waiver is necessary for reasons of national security and notifies Congress regarding the reasons for the waiver.
(d)
(2) In the sale of articles and services under this section, the Secretary shall—
(A) charge the purchaser, at a minimum, the variable costs, capital improvement costs, and equipment depreciation costs that are associated with the articles or services sold;
(B) enter into a firm, fixed-price contract or, if agreed by the purchaser, a cost reimbursement contract for the sale; and
(C) develop and maintain (from sources other than appropriated funds) working capital to be available for paying design costs, planning costs, procurement costs, and other costs associated with the articles or services sold.
(e)
(f)
(g)
(1) The term "advance incremental funding", with respect to a sale of articles or services, means a series of partial payments for the articles or services that includes—
(A) one or more partial payments before the commencement of work or the incurring of costs in connection with the manufacture of the articles or the performance of the services, as the case may be; and
(B) subsequent progress payments that result in full payment being completed as the required work is being completed.
(2) The term "not available", with respect to an article or service proposed to be sold under this section, means that the article or service is unavailable from a commercial source in the required quantity and quality or within the time required.
(3) The term "variable costs", with respect to sales of articles or services, means the costs that are expected to fluctuate directly with the volume of sales and—
(A) in the case of articles, the volume of production necessary to satisfy the sales orders; or
(B) in the case of services, the extent of the services sold.
(Added
Amendments
1999—Subsec. (c).
Subsec. (g)(2), (3).
Effective Date
Section 339(b) of
Section Referred to in Other Sections
This section is referred to in
§2554. Provision of support for certain sporting events
(a)
(b)
(1) to the extent that such needs cannot reasonably be met by a source other than the Department;
(2) to the extent that the provision of such assistance does not adversely affect the military preparedness of the armed forces; and
(3) if the organization requesting such assistance agrees to reimburse the Department for amounts expended by the Department in providing the assistance in accordance with the provisions of
(c)
(1) Sporting events for which funds have been appropriated before September 23, 1996.
(2) The Special Olympics.
(3) The Paralympics.
(d)
(e)
(1) a description of the assistance provided;
(2) the amount expended by the Department in providing the assistance;
(3) if the assistance was provided under subsection (a), the certification of the Attorney General with respect to the assistance under that subsection; and
(4) if the assistance was provided under subsection (b)—
(A) an explanation why the assistance could not reasonably be met by a source other than the Department; and
(B) the amount the Department was reimbursed under that subsection.
(f)
(Added
Amendments
1997—
Subsec. (c)(1).
Effective Date of 1997 Amendment
Section 1073(c) of
Support for International Sporting Competitions, Defense, Account
CHAPTER 153 —EXCHANGE OF MATERIAL AND DISPOSAL OF OBSOLETE, SURPLUS, OR UNCLAIMED PROPERTY
Amendments
1998—
1997—
1996—
1993—
1988—
1982—
1980—
1968—
1958—
Cross References
Disposal of obsolete or surplus material—
Air Force, see
Army, see
Navy, see
Property records, basis and reports, see
§2571. Interchange of property and services
(a) If either of the Secretaries concerned requests it and the other approves, supplies and real estate may be transferred, without compensation, from one armed force to another.
(b) If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, without reimbursement or transfer of funds.
(c) If military or civilian personnel of a department or organization within the Department of Defense are assigned or detailed to another of those departments or organizations, and if the head of the department or organization to which they are transferred approves, their pay and allowances and the cost of transporting their dependents and household goods may be charged to an appropriation that is otherwise available for those purposes to that department or organization.
(d) No agency or official of the executive branch of the Federal Government may establish any regulation, program, or policy or take any other action which precludes, directly or indirectly, the Secretaries concerned from exercising the authority provided in this section.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2571(a) [now (b)] | 5:171t (less clause (2)). | Oct. 29, 1949, ch. 787, §621, |
2571(b) [now (c)] | 5:171t (clause 2)). |
In subsection (a), the words "After June 30, 1949" are omitted as executed. The words "may perform work and services for, or furnish supplies to" are substituted for the words "services, work, supplies, materials, and equipment may be rendered or supplied", since the word "supplies", as defined in
In subsection (b), the words "on a reimbursable or other basis as authorized by law", "to duty", and "naval" are omitted as surplusage.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2571(a) | 14:640. | June 15, 1955, ch. 142, |
In subsection (a), the first 12 words are substituted for 14:640 (last 20 words). The words "may be transferred" are substituted for the words "The interchange . . . is authorized", since the words "without compensation" authorize a simple one-way transfer, while the word "interchange" normally means a mutual exchange. The words "military stores . . . and equipment of every character" are omitted as covered by the word "supplies" as defined in
Amendments
1985—Subsec. (d).
1958—
Subsecs. (a) to (c).
§2572. Documents, historical artifacts, and condemned or obsolete combat materiel: loan, gift, or exchange
(a) The Secretary concerned may lend or give items described in subsection (c) that are not needed by the military department concerned (or by the Coast Guard, in the case of the Secretary of Transportation), to any of the following:
(1) A municipal corporation.
(2) A soldiers' monument association.
(3) A museum, historical society, or historical institution of a State or a foreign nation.
(4) An incorporated museum that is operated and maintained for educational purposes only and the charter of which denies it the right to operate for profit.
(5) A post of the Veterans of Foreign Wars of the United States or of the American Legion or a unit of any other recognized war veterans' association.
(6) A local or national unit of any war veterans' association of a foreign nation which is recognized by the national government of that nation (or by the government of one of the principal political subdivisions of that nation).
(7) A post of the Sons of Veterans Reserve.
(b)(1) Subject to paragraph (2), the Secretary concerned may exchange items described in subsection (c) that are not needed by the armed forces for any of the following items or services if such items or services directly benefit the historical collection of the armed forces:
(A) Similar items held by any individual, organization, institution, agency, or nation.
(B) Conservation supplies, equipment, facilities, or systems.
(C) Search, salvage, or transportation services.
(D) Restoration, conservation, or preservation services.
(E) Educational programs.
(2) The Secretary concerned may not make an exchange under paragraph (1) unless the monetary value of property transferred, or services provided, to the United States under the exchange is not less than the value of the property transferred by the United States. The Secretary concerned may waive the limitation in the preceding sentence in the case of an exchange of property for property in any case in which the Secretary determines that the item to be received by the United States in the exchange will significantly enhance the historical collection of the property administered by the Secretary.
(c) This section applies to the following types of property held by a military department or the Coast Guard: books, manuscripts, works of art, historical artifacts, drawings, plans, models, and condemned or obsolete combat materiel.
(d)(1) A loan or gift made under this section shall be subject to regulations prescribed by the Secretary concerned and to regulations under section 205 of the Federal Property and Administrative Services Act of 1949 (
(2)(A) Except as provided in subparagraph (B), the United States may not incur any expense in connection with a loan or gift under subsection (a).
(B) The Secretary concerned may, without cost to the recipient, demilitarize, prepare, and transport in the continental United States for donation to a recognized war veterans' association an item authorized to be donated under this section if the Secretary determines the demilitarization, preparation, and transportation can be accomplished as a training mission without additional budgetary requirements for the unit involved.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2572 | 5:150p. | May 22, 1896, ch. 231; restated May 26, 1928, ch. 785; restated Feb. 28, 1933, ch. 137; restated June 19, 1940, ch. 398; July 31, 1947, ch. 421; restated Feb. 27, 1948, ch. 76, §1, |
The word "may" is substituted for the words "are each authorized, in their discretion". The reference to posts of the Grand Army of the Republic is omitted, since that organization disbanded in 1950. The words "under regulations to be prescribed by him" are substituted for the words "subject to rules and regulations covering the same in each department". The words "without expense to the United States" are substituted for the words "and the Government shall be at no expense in connection with any such loan or gift". The words "local unit" are inserted in clause (7) to conform to clauses (5), (6), and (8).
Amendments
1996—Subsec. (b)(1).
1994—Subsec. (b)(1).
1992—Subsec. (d)(2).
1990—Subsec. (b)(1).
Subsec. (b)(2).
1988—
"(1) a municipal corporation;
"(2) a soldiers' monument association;
"(3) a State museum;
"(4) an incorporated museum, operated and maintained for educational purposes only, whose charter denies it the right to operate for profit;
"(5) a post of the Veterans of Foreign Wars of the United States;
"(6) a post of the American Legion;
"(7) a local unit of any other recognized war veterans' association; or
"(8) a post of the Sons of Veterans Reserve."
1980—
Effective Date of 1980 Amendment
Amendment by
Moratorium on the Return of Veterans Memorial Objects to Foreign Nations Without Specific Authorization in Law
"(a)
"(b)
"(1)
"(2)
"(A) is located at a cemetery of the National Cemetery System, war memorial, or military installation in the United States;
"(B) is dedicated to, or otherwise memorializes, the death in combat or combat-related duties of members of the United States Armed Forces; and
"(C) was brought to the United States from abroad as a memorial of combat abroad.
"(c)
Cross References
Loan or gift of obsolete material and articles of historical interest by Secretary of the Navy, see
Section Referred to in Other Sections
This section is referred to in
[§2573. Repealed. Pub. L. 96–513, title V, §511(83)(A), Dec. 12, 1980, 94 Stat. 2927 ]
Section, act Aug. 10, 1956, ch. 1041,
Effective Date of Repeal
Repeal effective Dec. 12, 1980, see section 701(b)(3) of
§2574. Armament: sale of individual pieces
A piece of armament that can be advantageously replaced, and that is not needed for its historical value, may be sold by the military department having jurisdiction over it for not less than cost, if the Secretary concerned considers that there are adequate sentimental reasons for the sale.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2574 | 10:1262b. 34:545. 50:69. |
Mar. 2, 1905, ch. 1307 (last 55 words of last par. under "Ordnance Department"), |
The words "by the military department having jurisdiction over it" are inserted for clarity. The words "if the Secretary concerned considers" are substituted for the words "when there exist * * * in the judgment of the Secretary".
§2575. Disposition of unclaimed property
(a) The Secretary of any military department, and the Secretary of Transportation, under such regulations as they may respectively prescribe, may each by public or private sale or otherwise, dispose of all lost, abandoned, or unclaimed personal property that comes into the custody or control of the Secretary's department, other than property subject to
(b)(1) In the case of lost, abandoned, or unclaimed personal property found on a military installation, the proceeds from the sale of the property under this section shall be credited to the operation and maintenance account of that installation and used—
(A) to reimburse the installation for any costs incurred by the installation to collect, transport, store, protect, or sell the property; and
(B) to the extent that the amount of the proceeds exceeds the amount necessary for reimbursing all such costs, to support morale, welfare, and recreation activities under the jurisdiction of the armed forces that are conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces at such installation.
(2) The net proceeds from the sale of other property under this section shall be covered into the Treasury as miscellaneous receipts.
(c) No property covered by this section may be delivered to the Armed Forces Retirement Home by the Secretary of a military department, except papers of value, sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes.
(d)(1) The owner (or heirs, next of kin, or legal representative of the owner) of personal property the proceeds of which are credited to a military installation under subsection (b)(1) may file a claim with the Secretary of Defense for the amount equal to the proceeds (less costs referred to in subparagraph (A) of such subsection). Amounts to pay the claim shall be drawn from the morale, welfare, and recreation account for the installation that received the proceeds.
(2) The owner (or heirs, next of kin, or legal representative of the owner) may file a claim with the Secretary of Defense for proceeds covered into the Treasury under subsection (b)(2).
(3) Unless a claim is filed under this subsection within 5 years after the date of the disposal of the property to which the claim relates, the claim may not be considered by a court, the Secretary of Defense (in the case of a claim filed under paragraph (1)), or the Secretary of Defense (in the case of a claim filed under paragraph (2)).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2575(a) | 5:150e. 5:150h. |
Apr. 14, 1949, ch. 50, |
[Uncodified: Apr. 14, 1949, ch. 50, §6, |
||
2575(b) | 5:150f. | |
5:150g. | ||
2575(c) | 5:150i. |
In subsection (a), the words "under such regulations as they may respectively prescribe" are substituted for 5:150h. The words "other than property * * * subject to subsection (c)" of this section are substituted for the words "subject to the provisions of
In subsection (b), the words "may file * * * within five years" are substituted for the words "may be filed * * * at any time prior to the expiration of five years", in 5:150g, since the claim must be disallowed if not filed within that period. The words "If not filed within that period" are substituted for the words "If claims are not filed prior to the expiration of five years from the date of the disposal of the property", in 5:150g. The words "such a claim may not be considered" are substituted for the words "they shall be barred from being acted on", in 5:150g.
In subsection (c), the words "No property * * * may * * * except" are substituted for the words "Any property * * * shall be limited". The last sentence is substituted for 5:150i (proviso).
Amendments
1996—Subsec. (b).
Subsec. (d).
Subsec. (d)(2), (3).
1990—Subsec. (a).
Subsec. (c).
1989—Subsec. (a).
Subsec. (b).
Subsec. (c).
1980—Subsec. (a).
Subsec. (c).
1965—Subsec. (a).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Section 322(c) of
Effective Date of 1980 Amendment
Amendment by
Cross References
Armed Forces Retirement Home, see
Section Referred to in Other Sections
This section is referred to in title 5 section 5564; title 24 section 420; title 37 section 554.
§2576. Surplus military equipment: sale to State and local law enforcement and firefighting agencies
(a) The Secretary of Defense, under regulations prescribed by him, may sell to State and local law enforcement and firefighting agencies, at fair market value, pistols, revolvers, shotguns, rifles of a caliber not exceeding .30, ammunition for such firearms, gas masks, and protective body armor which (1) are suitable for use by such agencies in carrying out law enforcement and firefighting activities, and (2) have been determined to be surplus property under the Federal Property and Administrative Services Act of 1949 (
(b) Such surplus military equipment shall not be sold under the provisions of this section to a State or local law enforcement or firefighting agency unless request therefor is made by such agency, in such form and manner as the Secretary of Defense shall prescribe, and such request, with respect to the type and amount of equipment so requested, is certified as being necessary and suitable for the operation of such agency by the Governor (or such State official as he may designate) of the State in which such agency is located. Equipment sold to a State or local law enforcement or firefighting agency under this section shall not exceed, in quantity, the amount requested and certified for such agency and shall be for the exclusive use of such agency. Such equipment may not be sold, or otherwise transferred, by such agency to any individual or public or private organization or agency.
(Added
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a), is act June 30, 1949, ch. 288,
Amendments
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
Sale of Aircraft for Wildfire Suppression Purposes
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Wildfire Suppression Aircraft Transfer Act of 1996'.
"SEC. 2. AUTHORITY TO SELL AIRCRAFT AND PARTS FOR WILDFIRE SUPPRESSION PURPOSES.
"(a)
"(2) Paragraph (1) applies to aircraft and aircraft parts of the Department of Defense that are determined by the Secretary to be—
"(A) excess to the needs of the Department; and
"(B) acceptable for commercial sale.
"(b)
"(1) may be used only for the provision of airtanker services for wildfire suppression purposes; and
"(2) may not be flown or otherwise removed from the United States unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in wildfire suppression efforts or for other purposes jointly approved by the Secretary of Defense and the Secretary of Agriculture in writing in advance.
"(c)
"(d)
"(2) The regulations shall—
"(A) ensure that the sale of the aircraft and aircraft parts is made at fair market value (as determined by the Secretary of Defense) and, to the extent practicable, on a competitive basis;
"(B) require a certification by the purchaser that the aircraft and aircraft parts will be used only in accordance with the conditions set forth in subsection (b);
"(C) establish appropriate means of verifying and enforcing the use of the aircraft and aircraft parts by the purchaser and other end users in accordance with the conditions set forth in subsections (b) and (e); and
"(D) ensure, to the maximum extent practicable, that the Secretary consults with the Administrator of General Services and with the heads of appropriate departments and agencies of the Federal Government regarding alternative requirements for such aircraft and aircraft parts before the sale of such aircraft and aircraft parts under this section.
"(e)
"(f)
"(1) the number and type of aircraft sold under the authority, and the terms and conditions under which the aircraft were sold;
"(2) the persons or entities to which the aircraft were sold; and
"(3) an accounting of the current use of the aircraft sold.
"(g)
§2576a. Excess personal property: sale or donation for law enforcement activities
(a)
(A) suitable for use by the agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and
(B) excess to the needs of the Department of Defense.
(2) The Secretary shall carry out this section in consultation with the Attorney General and the Director of National Drug Control Policy.
(b)
(1) the property is drawn from existing stocks of the Department of Defense;
(2) the recipient accepts the property on an as-is, where-is basis;
(3) the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; and
(4) all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient.
(c)
(d)
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§2577. Disposal of recyclable materials
(a)(1) The Secretary of Defense shall prescribe regulations to provide for the sale of recyclable materials held by a military department or defense agency and for the operation of recycling programs at military installations. Such regulations shall include procedures for the designation by the Secretary of a military department (or by the Secretary of Defense with respect to facilities of a defense agency) of military installations that have established a qualifying recycling program for the purposes of subsection (b)(2).
(2) Any sale of recyclable materials by the Secretary of Defense or Secretary of a military department shall be in accordance with the procedures in section 203 of the Federal Property and Administrative Services Act of 1949 (
(b)(1) Proceeds from the sale of recyclable materials at an installation shall be credited to funds available for operations and maintenance at that installation in amounts sufficient to cover the costs of operations, maintenance, and overhead for processing recyclable materials at the installation (including the cost of any equipment purchased for recycling purposes).
(2) If after such funds are credited a balance remains available to a military installation and such installation has a qualifying recycling program (as determined by the Secretary of the military department concerned or the Secretary of Defense), not more than 50 percent of that balance may be used at the installation for projects for pollution abatement, energy conservation, and occupational safety and health activities. A project may not be carried out under the preceding sentence for an amount greater than 50 percent of the amount established by law as the maximum amount for a minor construction project.
(3) The remaining balance available to a military installation may be transferred to the nonappropriated morale and welfare account of the installation to be used for any morale or welfare activity.
(c) If the balance available to a military installation under this section at the end of any fiscal year is in excess of $2,000,000, the amount of that excess shall be covered into the Treasury as miscellaneous receipts.
(Added
Amendments
1984—Subsec. (a)(1).
Effective Date
Section effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of
§2578. Vessels: transfer between departments
A vessel under the jurisdiction of a military department may be transferred or otherwise made available without reimbursement to another military department or to the Department of Transportation, and a vessel under the jurisdiction of the Department of Transportation may be transferred or otherwise made available without reimbursement to a military department. Any such transfer may be made only upon the request of the Secretary of the military department concerned or the Secretary of Transportation, as the case may be, and with the approval of the Secretary of the department having jurisdiction of the vessel.
(Added
Historical and Revision Notes
Section is based on
§2579. War booty: procedures for handling and retaining battlefield objects
(a)
(b)
(2) When forces of the United States are operating in a theater of operations, enemy material captured or found abandoned shall be turned over to appropriate United States or allied military personnel except as otherwise provided in such regulations. A member of the armed forces (or other person under the authority of the armed forces in a theater of operations) may not (except in accordance with such regulations) take from a theater of operations as a souvenir an object formerly in the possession of the enemy.
(3) Such regulations shall provide that a member of the armed forces who wishes to retain as a souvenir an object covered by paragraph (2) may so request at the time the object is turned over pursuant to paragraph (2).
(4) Such regulations shall provide for an officer to be designated to review requests under paragraph (3). If the officer determines that the object may be appropriately retained as a war souvenir, the object shall be turned over to the member who requested the right to retain it.
(5) Such regulations shall provide for captured weaponry to be retained as souvenirs, as follows:
(A) The only weapons that may be retained are those in categories to be agreed upon jointly by the Secretary of Defense and the Secretary of the Treasury.
(B) Before a weapon is turned over to a member, the weapon shall be rendered unserviceable.
(C) A charge may be assessed in connection with each weapon in an amount sufficient to cover the full cost of rendering the weapon unserviceable.
(Added
Regulations
Section 1171(b) of
"(1) The general procedures for collection and disposition of weapons and other enemy material.
"(2) The criteria and procedures for evaluation and disposition of enemy material for intelligence, testing, or other military purposes.
"(3) The criteria and procedures for determining when retention of enemy material by an individual or a unit in the theater of operations may be appropriate.
"(4) The criteria and procedures for disposition of enemy material to a unit or other Department of Defense entity as a souvenir.
"(5) The criteria and procedures for disposition of enemy material to an individual as an individual souvenir.
"(6) The criteria and procedures for determining when demilitarization or the rendering unserviceable of firearms is appropriate.
"(7) The criteria and procedures necessary to ensure that servicemembers who have obtained battlefield souvenirs in a manner consistent with military customs, traditions, and regulations have a reasonable opportunity to obtain possession of such souvenirs, consistent with the needs of the service."
§2580. Donation of excess chapel property
(a)
(b)
(A) is in, or was formerly in, a chapel under the jurisdiction of the Secretary of a military department and closed or being closed; and
(B) is determined by the Secretary to be excess to the requirements of the armed forces.
(2) No real property may be donated under this section.
(c)
(Added
References in Text
Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to
§2581. Excess UH–1 Huey and AH–1 Cobra helicopters: requirements for transfer to foreign countries
(a)
(2) The Secretary shall make all reasonable efforts to ensure that maintenance and repair work described in paragraph (1) is performed in the United States.
(b)
(Added
CHAPTER 155 —ACCEPTANCE OF GIFTS AND SERVICES
Amendments
1999—
1996—
1994—
1993—
1991—
1990—
1989—
1988—
1986—
1970—
1962—
§2601. General gift funds
(a) The Secretary concerned may accept, hold, administer, and spend any gift, devise, or bequest of real or personal property, made on the condition that it be used for the benefit, or in connection with the establishment, operation, or maintenance, of a school, hospital, library, museum, cemetery, or other institution or organization under the jurisdiction of his department. He may pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest made under this subsection.
(b) Gifts and bequests of money, and the proceeds of the sale of property, received under subsection (a) shall be deposited in the Treasury in the fund called—
(1) "Department of the Army General Gift Fund", in the case of deposits of that department;
(2) "Department of the Navy General Gift Fund", in the case of deposits of that department;
(3) "Department of the Air Force General Gift Fund", in the case of deposits of that department; and
(4) "Coast Guard General Gift Fund", in the case of deposits of the Secretary of Transportation.
The Secretary concerned may disburse funds deposited under this subsection for the benefit or use of the designated institution or organization, subject to the terms of the gift, devise, or bequest.
(c) For the purposes of Federal income, estate, and gift taxes, property that is accepted under subsection (a) shall be considered as a gift, devise, or bequest to or for the use of the United States.
(d) The Secretary of the Treasury, upon the request of the Secretary of a military department, may retain money, securities, and the proceeds of the sale of securities, in the gift fund of the department concerned, and may invest money and reinvest the proceeds of the sale of securities in that fund in securities of the United States or in securities guaranteed as to principal and interest by the United States. The Secretary of the Treasury may do likewise with respect to the Coast Guard General Gift Fund. The interest and profits accruing from those securities shall be deposited to the credit of the gift fund of the department concerned and may be disbursed as provided in subsection (b).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2601(a) 2601(b) |
5:150q. 5:150r. |
Mar. 11, 1948, ch. 107, |
2601(c) | 5:150s. | |
2601(d) | 5:150t. |
In subsection (a), the words "receive" and "administration" are omitted as surplusage.
In subsection (b), the words "and conditions" and "United States" are omitted as surplusage.
In subsection (c), the words "any gift, devise, or bequest of" and "real or personal" are omitted as surplusage.
In subsection (d), the words "or any part thereof deposited in the Treasury pursuant to
Amendments
1980—Subsec. (b)(4).
Effective Date of 1980 Amendment
Amendment by
Cross References
Estate tax deductions of transfers for public, charitable, and religious uses, see
Gift tax deductions of charitable and similar gifts, see
Income tax deductions of charitable, etc., contributions and gifts, see
United States Naval Academy General Gift Fund, see
United States Naval Academy Museum Fund, see
Section Referred to in Other Sections
This section is referred to in
§2602. American National Red Cross: cooperation and assistance
(a) Whenever the President finds it necessary, he may accept the cooperation and assistance of the American National Red Cross, and employ it under the armed forces under regulations to be prescribed by the Secretary of Defense.
(b) Personnel of the American National Red Cross who are performing duties in connection with its cooperation and assistance under subsection (a) may be furnished—
(1) transportation, at the expense of the United States, while traveling to and from, and while performing, those duties, in the same manner as civilian employees of the armed forces;
(2) meals and quarters, at their expense or at the expense of the American National Red Cross, except that where civilian employees of the armed forces are quartered without charge, employees of the American National Red Cross may also be quartered without charge; and
(3) available office space, warehousing, wharfage, and means of communication, without charge.
(c) No fee may be charged for a passport issued to an employee of the American National Red Cross for travel outside the United States to assume or perform duties under this section.
(d) Supplies of the American National Red Cross, including gifts for the use of the armed forces, may be transported at the expense of the United States, if it is determined under regulations prescribed under subsection (a) that they are necessary to the cooperation and assistance accepted under this section.
(e) For the purposes of this section, employees of the American National Red Cross may not be considered as employees of the United States.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2602(a) 2602(b) 2602(c) |
36:17. 36:17a (less provisos). 36:17a (1st proviso). |
July 17, 1953, ch. 222, §§1, 2, 7, |
2602(d) | 36:17a (last proviso). | |
2602(e) | 36:17b. |
In subsection (a), the words "finds it necessary" are substituted for the words "shall find the * * * to be necessary". The words "cooperation and assistance" are substituted for the words "cooperation and use * * * assistance * * * the same". The words "under regulations to be prescribed by the Secretary of Defense" are substituted for 36:17 (last sentence). The words "tendered by the said Red Cross" are omitted as surplusage.
In subsection (b), the introductory clause is substituted for 36:17a (1st 33 words). In clause (1), the word "expense" is substituted for the words "cost and charge". The words "traveling to and from, and while performing, those duties" are substituted for the words "proceeding to their place of duty, while serving thereat, and while returning therefrom". In clause (2), the words "at their expense or at the expense of" are substituted for the words "providing the cost thereof is borne by such personnel or by". The words "quartered without charge" are substituted for the words "furnished quarters on the same basis without cost". In clause (3), the words "when such facilities are" are omitted as surplusage.
In subsection (c), the words "for travel outside the United States to assume or perform" are substituted for the words "so serving or proceeding abroad to enter upon such service".
In subsection (d), the word "equipment" is omitted as covered by the word "supplies". The words "gifts for the use of" are substituted for the words "Red Cross supplies that may be tendered as a gift and accepted for use by". The word "expense" is substituted for the words "cost and charge". The words "rules and" are omitted as surplusage.
In subsection (e), the words "Federal Government of" are omitted as surplusage.
Report on Assistance to Red Cross for Emergency Communications Services for Members of Armed Forces and Families
"(1) An estimate of the amount of funds necessary to provide such support.
"(2) A projection of the date upon which the American National Red Cross can assume full financial responsibility for providing such emergency communications services.
"(3) An assessment of the alternatives available to the Secretary for obtaining such emergency communications services, including the provision of such services by the Department of Defense."
Cross References
Equipment for instruction and practice, loan to American National Red Cross, see
Fees for execution and issuance of passport, see
Military installations, erection and use of buildings license to American National Red Cross, see
§2603. Acceptance of fellowships, scholarships, or grants
(a) Notwithstanding any other provision of law, a fellowship, scholarship, or grant may, under regulations to be prescribed by the President or his designee, be made by a corporation, fund, foundation, or educational institution that is organized and operated primarily for scientific, literary, or educational purposes to any member of the Armed Forces, and the benefits thereof may be accepted by him—
(1) in recognition of outstanding performance in his field;
(2) to undertake a project that may be of value to the United States; or
(3) for development of his recognized potential for future career service.
However, the benefits of such a fellowship, scholarship, or grant may be accepted by the member in addition to his pay and allowances only to the extent that those benefits would be conferred upon him if the education or training contemplated by that fellowship, scholarship, or grant were provided at the expense of the United States. In addition, if such a benefit, in cash or in kind, is for travel, subsistence, or other expenses, an appropriate reduction shall be made from any payment that is made for the same purpose to the member by the United States incident to his acceptance of the fellowship, scholarship, or grant.
(b) Each member of the Armed Forces who accepts a fellowship, scholarship, or grant in accordance with subsection (a) shall, before he is permitted to undertake the education or training contemplated by that fellowship, scholarship, or grant, agree in writing that, after he completes the education or training, he will serve on active duty for a period at least three times the length of the period of the education or training.
(Added
Ex. Ord. No. 11079. Regulations for Acceptance of Fellowships, Scholarships, or Grants
Ex. Ord. No. 11079, Jan. 25, 1963, 28 F.R. 819, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by
Cross References
Commissioned officers of the Public Health Service, applicability of this section, see
Section Referred to in Other Sections
This section is referred to in title 42 section 213a.
§2604. United Seamen's Service: cooperation and assistance
(a) Whenever the President finds it necessary in the interest of United States commitments abroad to provide facilities and services for United States merchant seamen in foreign areas, he may authorize the Secretary of Defense, under such regulations as the Secretary may prescribe, to cooperate with and assist the United Seamen's Service in establishing and providing those facilities and services.
(b) Personnel of the United Seamen's Service who are performing duties in connection with the cooperation and assistance under subsection (a) may be furnished—
(1) transportation, at the expense of the United States, while traveling to and from, and while performing those duties, in the same manner as civilian employees of the armed forces;
(2) meals and quarters, at their expense or at the expense of the United Seamen's Service, except that where civilian employees of the armed forces are quartered without charge, employees of the United Seamen's Service may also be quartered without charge; and
(3) available office space (including space for recreational activities for seamen), warehousing, wharfage, and means of communication, without charge.
(c) No fee may be charged for a passport issued to an employee of the United Seamen's Service for travel outside the United States to assume or perform duties under this section.
(d) Supplies of the United Seamen's Service, including gifts for the use of merchant seamen, may be transported at the expense of the United States, if it is determined under regulations prescribed under subsection (a) that they are necessary to the cooperation and assistance provided under this section.
(e) Where practicable, the President shall also make arrangements to provide for convertibility of local currencies for the United Seamen's Service, in connection with its activities under subsection (a).
(f) For the purposes of this section, employees of the United Seamen's Service may not be considered as employees of the United States.
(Added
Short Title
Section 1 of
Congressional Declaration of Purpose
Section 2 of
§2605. Acceptance of gifts for defense dependents' schools
(a) The Secretary of Defense may accept, hold, administer, and spend any gift (including any gift of an interest in real property) made on the condition that it be used in connection with the operation or administration of a defense dependents' school. The Secretary may pay all necessary expenses in connection with the acceptance of a gift under this subsection.
(b) There is established in the Treasury a fund to be known as the "Department of Defense Dependents' Education Gift Fund". Gifts of money, and the proceeds of the sale of property, received under subsection (a) shall be deposited in the fund. The Secretary may disburse funds deposited under this subsection for the benefit or use of defense dependents' schools, subject to the terms of the gift.
(c) Subsection (c) of
(d)(1) Upon request of the Secretary of Defense, the Secretary of the Treasury may—
(A) retain money, securities, and the proceeds of the sale of securities, in the Department of Defense Dependents' Education Gift Fund; and
(B) invest money and reinvest the proceeds of the sale of securities in that fund in securities of the United States or in securities guaranteed as to principal and interest by the United States.
(2) The interest and profits accruing from those securities shall be deposited to the credit of the fund and may be disbursed as provided in subsection (b).
(e) In this section, the term "gift" includes a devise of real property or a bequest of personal property.
(f) The Secretary of Defense shall prescribe regulations to carry out this section.
(g) In this section, the term "defense dependents' school" means the following:
(1) A school established as part of the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978 (
(2) An elementary or secondary school established pursuant to
(Added
References in Text
The Defense Dependents' Education Act of 1978, referred to in subsec. (g)(1), is title XIV of
Amendments
1994—
Subsec. (a).
Subsec. (b).
Subsec. (g).
§2606. Scouting: cooperation and assistance in foreign areas
(a) Subject to subsection (b), the Secretary concerned may cooperate with and assist qualified scouting organizations in establishing and providing facilities and services for members of the armed forces and their dependents, and civilian employees of the Department of Defense and their dependents, at locations outside the United States.
(b) Cooperation and assistance under subsection (a) shall be provided under regulations prescribed by the Secretary of Defense and may be provided only if the President determines that such cooperation and assistance is necessary in the interest of the morale, welfare, and recreation of members of the armed forces.
(c) Personnel of a qualified scouting organization, including officials certified by that organization as representing that organization, who are performing duties in connection with cooperation and assistance provided under subsection (a) may be furnished—
(1) transportation at the expense of the United States while traveling to and from, and while performing, such duties in the same manner as civilian employees of the United States; and
(2) available office space (including space for recreational activities for Boy Scouts and Girl Scouts), warehousing, utilities, and a means of communication, without charge.
(d) Supplies of a qualified scouting organization may be transported at the expense of the United States if the Secretary concerned determines, under regulations prescribed under subsection (b), that the supplies are necessary to the cooperation and assistance provided under this section.
(e) The Secretary concerned may reimburse a qualified scouting organization for all or part of the pay of an employee of that organization for any period during which the employee was performing services under subsection (a). Any such reimbursement may not be made from appropriated funds and shall be made under regulations prescribed under subsection (b).
(f) For the purposes of this section, employees of a qualified scouting organization performing services under subsection (a) may not be considered to be employees of the United States.
(g) In this section, the term "qualified scouting organization" means the Girl Scouts of the United States of America and the Boy Scouts of America.
(Added
Ex. Ord. No. 12715. Determination for Support of Scouting Activities Overseas
Ex. Ord. No. 12715, May 3, 1990, 55 F.R. 19051, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and pursuant to
George Bush.
§2607. Acceptance of gifts for the Defense Intelligence College
(a) The Secretary of Defense may accept, hold, administer, and use any gift (including any gift of an interest in real property) made for the purpose of aiding and facilitating the work of the Defense Intelligence College and may pay all necessary expenses in connection with the acceptance of such a gift.
(b) Money, and proceeds from the sale of property, received as a gift under subsection (a) shall be deposited in the Treasury and shall be available for disbursement upon the order of the Secretary of Defense to the extent provided in annual appropriation Acts.
(c) Subsection (c) of
(d) In this section, the term "gift" includes a bequest of personal property or a devise of real property.
(Added
§2608. Acceptance of contributions for defense programs, projects, and activities; Defense Cooperation Account
(a)
(b)
(2) Contributions of money and proceeds from the sale of any property accepted by the Secretary of Defense under subsection (a) shall be credited to the Defense Cooperation Account.
(c)
(2) Funds in the Defense Cooperation Account shall not be made available for obligation or expenditure except to the extent and in the manner provided in subsequent appropriations Acts.
(d)
(1) retained and used by the Department of Defense in the form in which it was donated;
(2) sold or otherwise disposed of upon such terms and conditions and in accordance with such procedures as the Secretary determines appropriate; or
(3) converted into a form usable by the Department of Defense.
(e)
(2) In computing the value of any property referred to in paragraph (1), the Secretary shall aggregate the value of—
(A) similar items of property accepted by the Secretary during the quarter concerned; and
(B) components which, if assembled, would comprise all or a substantial part of an item of equipment or a facility.
(f)
(g)
(2) Any interest or other income that accrues from investment in securities referred to in paragraph (1) shall be deposited to the credit of the Defense Cooperation Account.
(h)
(i)
(j)
(k)
(Added
Amendments
1996—Subsec. (a).
1993—
Subsec. (i).
1991—Subsec. (g)(1).
[§2609. Repealed. Pub. L. 104–106, div. A, title II, §253(9), Feb. 10, 1996, 110 Stat. 235 ]
Section, added
§2610. Competitions for excellence: acceptance of monetary awards
(a)
(b)
(c)
(d)
(2) At the end of each year, the Secretary shall submit to Congress a report for that year describing the disposition of monetary awards accepted under this section and the payment of incidental expenses under subsection (c).
(e)
(Added
Amendments
1996—Subsec. (e).
§2611. Asia-Pacific Center for Security Studies: acceptance of foreign gifts and donations
(a)
(2) In this section, the term "Asia-Pacific Center" means the Department of Defense organization within the United States Pacific Command known as the Asia-Pacific Center for Security Studies.
(b)
(1) the ability of the Department of Defense, any employee of the Department, or members of the armed forces to carry out any responsibility or duty of the Department in a fair and objective manner; or
(2) the integrity of any program of the Department of Defense or of any person involved in such a program.
(c)
(d)
(e)
(f)
(Added
CHAPTER 157 —TRANSPORTATION
Amendments
1998—
1996—
1993—
1991—
1990—
1987—
1986—
1984—
1982—
1979—
1973—
1965—
1962—
1957—
§2631. Supplies: preference to United States vessels
(a) Only vessels of the United States or belonging to the United States may be used in the transportation by sea of supplies bought for the Army, Navy, Air Force, or Marine Corps. However, if the President finds that the freight charged by those vessels is excessive or otherwise unreasonable, contracts for transportation may be made as otherwise provided by law. Charges made for the transportation of those supplies by those vessels may not be higher than the charges made for transporting like goods for private persons.
(b)(1) In each request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that any reflagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States (including any territory of the United States).
(2) In paragraph (1), the term "reflagging or repair work" means work performed on a vessel—
(A) to enable the vessel to meet applicable standards to become a vessel of the United States; or
(B) to convert the vessel to a more useful military configuration.
(3) The Secretary of Defense may waive the requirement described in paragraph (1) if the Secretary determines that such waiver is critical to the national security of the United States. The Secretary shall immediately notify the Congress of any such waiver and the reasons for such waiver.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2631 | 10:1365. 34:528. |
Apr. 28, 1904, ch. 1766, |
The word "supplies" is substituted for the words "coal, provisions, fodder, or supplies of any description", in 10:1365 and 34:528. The words "pursuant to law" and "the use of", in 10:1365 and 34:528, are omitted as surplusage. The words "as otherwise provided by law", in 10:1365 and 34:528, are used rather than the words "under the law as it now exists", in section 1 of the Act of April 28, 1904, ch. 1766,
Amendments
1993—
Effective Date of 1993 Amendment
Section 315(b) of
Delegation of Authority Under the Cargo Preference Act
Memorandum of the President of the United States, Aug. 7, 1985, 50 F.R. 36565, provided:
Memorandum for the Honorable Caspar W. Weinberger, the Secretary of Defense
By virtue of the authority vested in me as President by the Constitution and statutes of the United States of America, including
This memorandum shall be published in the Federal Register.
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in
§2631a. Contingency planning: sealift and related intermodal transportation requirements
(a)
(b)
(Added
§2632. Transportation to and from certain places of employment and on military installations
(a)(1) Whenever the Secretary of the military department concerned determines that it is necessary for the effective conduct of the affairs of his department, the Secretary may provide the transportation described in paragraph (2).
(2) Transportation that may be provided under this subsection is assured and adequate transportation by motor vehicle or water carrier as follows:
(A) Transportation among places on a military installation (including any subinstallation of a military installation).
(B) Transportation to and from their places of duty or employment on a military installation for persons covered by this subsection.
(C) Transportation to and from a military installation for persons covered by this subsection and their dependents, in the case of a military installation located in an area determined by the Secretary concerned not to be adequately served by regularly scheduled, and timely, commercial or municipal mass transit services.
(D) Transportation to and from their places of employment for persons attached to, or employed in, a private plant that is manufacturing material for that department, but only during a war or a national emergency declared by Congress or the President.
(3) Except as provided under subsection (b)(3), transportation under this subsection shall be provided at reasonable rates of fare under regulations prescribed by the Secretary of Defense.
(4) Persons covered by this subsection, in the case of any military installation, are members of the armed forces, employees of the military department concerned, and other persons attached to that department who are assigned to or employed at that installation.
(b)(1) Transportation described in subparagraphs (B), (C), and (D) of subsection (a)(2) may not be provided unless the Secretary concerned, or an officer of the department concerned designated by the Secretary, determines that—
(A) other facilities are inadequate and cannot be made adequate;
(B) a reasonable effort has been made to induce operators of private facilities to provide the necessary transportation; and
(C) the service to be furnished will make proper use of transportation facilities and will supply the most efficient transportation to the persons concerned.
(2) The Secretary of Defense shall require that, in determining whether to provide transportation described in subsection (a)(2)(A) at any military installation, the Secretary of the military department concerned shall give careful consideration to the potential for saving energy and reducing air pollution.
(3) In providing transportation described in subsection (a)(2)(A) at any military installation, the Secretary concerned may not require a fare for the transportation of members of the armed forces if the transportation is incident to the performance of duty. In providing transportation described in subsection (a)(2)(C) to and from any military installation, the Secretary concerned (under regulations prescribed under subsection (a)(3)) may waive any requirement for a fare.
(4) The authority under subsection (a) to enter into contracts under which the United States is obligated to make outlays shall be effective for any fiscal year only to the extent that the budget authority for such outlays is provided in advance by appropriation Acts.
(c) To provide transportation under subsection (a), the department may—
(1) buy, lease, or charter motor vehicles or water carriers having a seating capacity of 12 or more passengers;
(2) maintain and operate that equipment by—
(A) enlisted members of the Army, Navy, Air Force, Marine Corps, or the Coast Guard, as the case may be;
(B) employees of the department concerned; and
(C) private persons under contract; and
(3) lease or charter the equipment to private or public carriers for operation under terms that are considered necessary by the Secretary or by an officer of the department designated by the Secretary, and that may provide for the pooling of Government-owned and privately owned equipment and facilities and for the reciprocal use of that equipment.
(d) Fares received under subsection (a), and proceeds of the leasing or chartering of equipment under subsection (c)(3), shall be covered into the Treasury as miscellaneous receipts.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2632(a) | 5:189c (introductory clause, words of clause 2 before semicolon, and 17 words before proviso of clause 3). | May 28, 1948, ch. 352, §1, |
5:415d (introductory clause, words of clause 2 before semicolon, and 17 words before proviso of clause 3). | ||
5:626n (introductory clause, words of clause 2 before semicolon, and 17 words before proviso of clause 3). | ||
2632(b) | 5:189c (clause 4). | |
5:415d (clause 4). | ||
5:626n (clause 4). | ||
2632(c) | 5:189c (clause 1; and clause 3, less 17 words before proviso). | |
5:415d (clause 1; and clause 3, less 17 words before proviso). | ||
5:626n (clause 1; and clause 3, less 17 words before proviso). | ||
2632(d) | 5:189c (clause 2, less words before semicolon). | |
5:415d (clause 2, less words before semicolon). | ||
5:626n (clause 2, less words before semicolon). |
In subsection (a), the words "it is necessary * * * he may * * * provide assured and adequate transportation" are substituted for the words "requires assured and adequate transportation facilities * * * he is authorized * * * to provide such transportation". The words "in the absence of adequate private or other facilities" are omitted as covered by subsection (b)(2). The words "subject, however, to the following provisions and conditions" are omitted, since the revised section states those conditions positively in the following subsections. The words "at reasonable rates of fare" are substituted for the first 23 words of clause 2 of 5:189c, 415d, and 626n. The words "under regulations to be prescribed by him" are substituted for the words "under such regulations as the Secretary of the Army [Navy, Air Force] shall prescribe" in clause 2, and the 17 words before the proviso of clause 3, of 5:189c, 415d, and 626n.
In subsection (b), the words "Transportation * * * under subsection (a)" are substituted for the words "The authority granted in this section to the Secretary of the Army [Navy, Air Force]". The words "may not be provided" are substituted for the words "shall be exercised". The word "transportation" is substituted for the word "service". The words "in each case", "as the case may be, that existing private and", and "by other means" are omitted as surplusage.
Subsection (b)(3) is substituted for the last 25 words of clause 4 of 5:189c, 415d, and 626n.
In subsection (c), the introductory clause is substituted for the words "The equipment required to provide such transportation facilities may be either". The words "considered necessary" are substituted for the words "shall determine necessary and advisable under the existing circumstances". The proviso of clause 3 of 5:189c, 415d, and 626n is stated as a positive rule in clause (3) of the revised subsection. The words "for operation by the Department of the Army [Navy, Air Force], and when so obtained", "civil", "with such department", "Equipment so obtained", "and conditions", and the first 25 words of clause 3 of 5:189c, 415d, and 626n are omitted as surplusage.
In subsection (d), the words "Treasury as" are substituted for the words "Treasury of the United States to the credit of".
Amendments
1987—Subsec. (a).
"(1) among places on any military installation (including any subinstallation thereof) under the jurisdiction of that department; and
"(2) to and from their places of employment—
"(A) for persons attached to, or employed in, that department; and
"(B) during a war or national emergency declared by the Congress or the President, for persons attached to, or employed in, a private plant that is manufacturing material for that department."
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
1979—
Subsec. (a).
Subsec. (b).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c)(2)(A).
Regulations
Section 318(d) of
§2633. Stevedoring and terminal services: vessels carrying cargo or passengers sponsored by military department
(a) Notwithstanding
(b) The furnishing of services and facilities under this section shall be at fair and reasonable rates.
(c) The proceeds from furnishing services and facilities under this section shall be paid to the credit of the appropriation or fund out of which the services or facilities were supplied.
(Added
Historical and Revision Notes
1962 Act
Section 2633 is restated, without substantive change, to conform to the style adopted for title 10.
Amendments
1982—Subsec. (a).
1980—Subsec. (a).
1962—
Effective Date of 1980 Amendment
Amendment by
§2634. Motor vehicles: transportation or storage for members on change of permanent station or extended deployment
(a) When a member of an armed force is ordered to make a change of permanent station, one motor vehicle that is owned or leased by the member (or a dependent of the member) and is for the personal use of the member or his dependents may, unless a motor vehicle owned or leased by him (or a dependent of his) was transported in advance of that change of permanent station under
(1) on a vessel owned, leased, or chartered by the United States;
(2) by privately owned American shipping services;
(3) by foreign-flag shipping services if shipping services described in clauses (1) and (2) are not reasonably available; or
(4) by other surface transportation if such means of transport does not exceed the cost to the United States of other authorized means.
When the Secretary concerned determines that a replacement for that motor vehicle is necessary for reasons beyond the control of the member and is in the interest of the United States, and he approves the transportation in advance, one additional motor vehicle of the member (or a dependent of the member) may be so transported.
(b)(1) In lieu of transportation authorized by this section, if a member is ordered to make a change of permanent station to a foreign country and the laws, regulations, or other restrictions imposed by the foreign country or the United States preclude entry of a motor vehicle described in subsection (a) into that country, or would require extensive modification of the vehicle as a condition to entry, the member may elect to have the vehicle stored at the expense of the United States at a location approved by the Secretary concerned.
(2) If a member is transferred or assigned in connection with a contingency operation to duty at a location other than the permanent station of the member for a period of more than 30 consecutive days, but the transfer or assignment is not considered a change of permanent station, the member may elect to have a motor vehicle described in subsection (a) stored at the expense of the United States at a location approved by the Secretary concerned.
(3) Authorized expenses under this subsection include costs associated with the delivery of the motor vehicle for storage and removal of the vehicle for delivery to a destination approved by the Secretary concerned.
(c) When there has been a shipping error, or when orders directing a change of permanent station have been canceled, revoked, or modified after receipt by the member, a motor vehicle transported pursuant to this section may also be reshipped or transshipped in accordance with this section.
(d) When the Secretary concerned makes a determination under
(e) The Secretary of Defense (and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) may prescribe regulations limiting those leased motor vehicles that may be transported pursuant to this section based upon the length of the lease and other terms and conditions of the lease that the Secretary considers appropriate.
(f) No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of a motor vehicle being transported under this section.
(g) If a motor vehicle of a member (or a dependent of the member) that is transported at the expense of the United States under this section does not arrive at the authorized destination of the vehicle by the designated delivery date, the Secretary concerned shall reimburse the member for expenses incurred after that date to rent a motor vehicle for the member's use, or for the use of the dependent for whom the delayed vehicle was transported. The amount reimbursed may not exceed $30 per day, and the rental period for which reimbursement may be provided expires after 7 days or on the date on which the delayed vehicle arrives at the authorized destination (whichever occurs first).
(h) In this section:
(1) The term "change of permanent station" means the transfer or assignment of a member of the armed forces from a permanent station inside the continental United States to a permanent station outside the continental United States or from a permanent station outside the continental United States to another permanent station. It also includes an authorized change in home port of a vessel, or a transfer or assignment between two permanent stations in the continental United States when the member cannot, because of injury or the conditions of the order, drive the motor vehicle between the permanent duty stations.
(2) The term "continental United States" does not include Alaska.
(Added
Historical and Revision Notes
The new
Amendments
1998—Subsec. (d).
Subsecs. (g), (h).
1996—
Subsec. (b).
Subsec. (d).
Subsec. (g).
1992—Subsec. (f).
1987—Subsec. (a).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1986—Subsec. (a).
Subsec. (b).
Subsec. (f).
1981—Subsec. (a).
1974—Subsec. (a)(4).
Subsec. (c).
1965—
1964—
Effective Date of 1998 Amendment
"(1) Reimbursement for motor vehicle rental expenses may not be provided under the amendments made by this section [amending this section and
"(2) The amendments shall apply with respect to rental expenses described in such amendments that are incurred on or after the date of the submission of the report. The report shall be submitted not later than six months after the date of the enactment of this Act [Oct. 17, 1998] and shall include, in addition to the certification, a description of the system to be used to recover from commercial carriers the costs incurred under such amendments."
Effective Date of 1996 Amendment
Section 368(c) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1965 Amendment; Reimbursement of Expenses
Section 3 of
"(1) transported a motor vehicle at his personal expense after April 30, 1965, and before the enactment of this Act [July 30, 1965]; and
"(2) would have been entitled to the transportation of such motor vehicle at Government expense under the provisions of this Act;
shall be reimbursed for the allowable transportation cost actually expended by him. Appropriations available for permanent change of station travel shall be available for the reimbursements authorized by this Act."
Public Health Service
Authority vested by this section in "the Secretary concerned" to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see
National Oceanic and Atmospheric Administration
Authority vested by this section in "the Secretary concerned" to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or his designee, see
Section Referred to in Other Sections
This section is referred to in title 33 section 857a; title 37 sections 406, 406b, 406c; title 42 section 213a.
§2635. Medical emergency helicopter transportation assistance and limitation of individual liability
(a) The Secretary of Defense is authorized to assist the Department of Health and Human Services and the Department of Transportation in providing medical emergency helicopter transportation services to civilians. Any resources provided under this section shall be under such terms and conditions, including reimbursement, as the Secretary of Defense deems appropriate and shall be subject to the following specific limitations:
(1) Assistance may be provided only in areas where military units able to provide such assistance are regularly assigned, and military units shall not be transferred from one area to another for the purpose of providing such assistance.
(2) Assistance may be provided only to the extent that it does not interfere with the performance of the military mission.
(3) The provision of assistance shall not cause any increase in funds required for the operation of the Department of Defense.
(b) No individual (or his estate) who is authorized by the Department of Defense to perform services under a program established pursuant to subsection (a), and who is acting within the scope of his duties, shall be liable for injury to, or loss of property or personal injury or death which may be caused incident to providing such services.
(Added
Amendments
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
§2636. Deductions from carriers because of loss or damage to material in transit
An amount deducted from an amount due a carrier because of loss of or damage to material in transit for a military department shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2636 | 31:489a. | June 25, 1956, ch. 442, §1, |
The words "An amount deducted from an amount due" are substituted for "Moneys arising from deductions made from" for clarity. The words "military or naval" and "account of" are omitted as surplus. The words "a military department" are substituted for "the Departments of the Army, Navy, or Air Force" because of 10:101(7). The Department of War was designated the Department of the Army by section 205(a) of the Act of July 26, 1947 (ch. 343,
§2637. Transportation in certain areas outside the United States
The Secretary of Defense may authorize the commander of a unified combatant command to use Government owned or leased vehicles to provide transportation in an area outside the United States for members of the uniformed services and Federal civilian employees under the jurisdiction of that commander, and for the dependents of such members and employees, if the commander determines that public or private transportation in such area is unsafe or not available. Such transportation shall be provided in accordance with regulations prescribed by the Secretary of Defense.
(Added
Prior Provisions
A prior section 2637, added
Section Referred to in Other Sections
This section is referred to in title 31 section 1344.
§2638. Transportation of civilian clothing of enlisted members
The Secretary of the military department concerned may provide for the transportation of the civilian clothing of any person entering the armed forces as an enlisted member to the member's home of record.
(Added
Prior Provisions
Provisions similar to those in this section were contained in the following appropriation acts:
Oct. 12, 1984,
Dec. 8, 1983,
Dec. 21, 1982,
Dec. 29, 1981,
Dec. 15, 1980,
Dec. 21, 1979,
Oct. 13, 1978,
Sept. 21, 1977,
Sept. 22, 1976,
Feb. 9, 1976,
Oct. 8, 1974,
Jan. 2, 1974,
Oct. 26, 1972,
Dec. 18, 1971,
Jan. 11, 1971,
Dec. 29, 1969,
Oct. 17, 1968,
Sept. 29, 1967,
Effective Date
Section effective Oct. 1, 1985, see section 1404 of
§2639. Transportation to and from school for certain minor dependents
Funds appropriated to the Department of Defense may be used to provide minor dependents of members of the armed forces and of civilian officers and employees of the Department of Defense with transportation to and from primary and secondary schools if the schools attended by the dependents are not accessible by regular means of transportation.
(Added
Prior Provisions
Provisions similar to those in this section were contained in the following appropriation acts:
Oct. 12, 1984,
Dec. 8, 1983,
Dec. 21, 1982,
Dec. 29, 1981,
Dec. 15, 1980,
Dec. 21, 1979,
Oct. 13, 1978,
Sept. 21, 1977,
Sept. 22, 1976,
Feb. 9, 1976,
Oct. 8, 1974,
Jan. 2, 1974,
Oct. 26, 1972,
Dec. 18, 1971,
Jan. 11, 1971,
Dec. 29, 1969,
Oct. 17, 1968,
Sept. 29, 1967,
Oct. 15, 1966,
Sept. 29, 1965,
Aug. 19, 1964,
Oct. 17, 1963,
Aug. 9, 1962,
Aug. 17, 1961,
July 7, 1960,
Aug. 18, 1959,
Aug. 22, 1958,
Aug. 2, 1957,
July 2, 1956, ch. 488, title VI, §607,
July 13, 1955, ch. 358, title VI, §609,
June 30, 1954, ch. 432, title VII, §709,
Aug. 1, 1953, ch. 305, title VI, §614,
July 10, 1952, ch. 630, title VI, §616,
Oct. 18, 1951, ch. 512, title VI, §616,
Sept. 6, 1950, ch. 896, Ch. X, title VI, §619,
Oct. 29, 1949, ch. 787, title VI, §625,
June 24, 1948, ch. 632, §2,
July 30, 1947, ch. 357, title I, §2,
Effective Date
Section effective Oct. 1, 1985, see section 1404 of
§2640. Charter air transportation of members of the armed forces
(a)
(A) meets, at a minimum, the safety standards established by the Secretary of Transportation under
(B) has at least 12 months of experience operating services in air transportation that are substantially equivalent to the service sought by the Department of Defense; and
(C) undergoes a technical safety evaluation.
(2) For purposes of paragraph (1)(C), a technical safety evaluation—
(A) shall include inspection of a representative number of aircraft; and
(B) shall be conducted in accordance with regulations prescribed by the Secretary, after consultation with the Secretary of Transportation.
(b)
(1) An on-site capability survey of the air carrier conducted at least once every two years.
(2) A performance evaluation of the air carrier conducted at least once every six months.
(3) A preflight safety inspection of each aircraft conducted at any time during the operation of, but not more than 72 hours before, each internationally scheduled charter mission departing the United States.
(4) A preflight safety inspection of each aircraft used for domestic charter missions conducted to the greatest extent practical.
(5) Operational check-rides on aircraft conducted periodically.
(c)
(1) to make recommendations to the Secretary on suspension and reinstatement of air carriers under subsection (d);
(2) to make recommendations to the Secretary on waivers under subsection (g); and
(3) to carry out such other duties and make recommendations on such other matters as the Secretary considers appropriate.
(d)
(A) shall require the immediate determination of whether to suspend an air carrier if an aircraft of the air carrier is involved in a fatal accident; and
(B) may require the suspension of an air carrier—
(i) if the carrier is in violation of any order, rule, regulation, or standard prescribed under
(ii) if an aircraft of the air carrier is involved in a serious accident.
(2) The Commercial Airlift Review Board shall make recommendations to the Secretary on suspension and reinstatement under this subsection.
(3) The Secretary shall include in each contract subject to this section the provisions on suspension and reinstatement established under this subsection.
(e)
(f)
(g)
(h)
(2) Information may be withheld under paragraph (1) from public disclosure only if the Secretary determines that—
(A) the disclosure of the information would inhibit an air carrier from voluntarily providing, in the future, safety-related information for the purposes of this section or for other air safety purposes involving the Department of Defense or another Federal agency; and
(B) the receipt of such information generally enhances the fulfillment of responsibilities under this section or other air safety responsibilities involving the Department of Defense or another Federal agency.
(3) If the Secretary provides to the head of another agency safety-related information described in paragraph (1) with respect to which the Secretary has made a determination described in paragraph (2), the head of that agency shall (notwithstanding any other provision of law) withhold the information from public disclosure unless the disclosure is specifically authorized by the Secretary.
(i)
(j)
(1) The terms "air carrier", "aircraft", "air transportation", and "charter air transportation" have the meanings given such terms by
(2) The term "members of the armed forces" means members of the Army, Navy, Air Force, and Marine Corps.
(Added
Amendments
1997—Subsecs. (h) to (j).
1994—Subsecs. (a)(1)(A), (d)(1)(B)(i).
Subsec. (i)(1).
Effective Date of 1997 Amendment
Section 1075(b) of
Effective Date
Section 1204(c) of
Regulations
Section 1204(b) of
§2641. Transportation of certain veterans on Department of Defense aeromedical evacuation aircraft
(a) The Secretary of Defense may provide transportation on an aircraft operating under the aeromedical evacuation system of the Department of Defense for the purpose of transporting a veteran to or from a Department of Veterans Affairs medical facility or of transporting the remains of a deceased veteran who died at such a facility after being transported to the facility under this subsection. Transportation of the remains of a deceased veteran under this subsection may be provided to the place from which the veteran was transported to the facility or to any other destination which is not farther away from the facility than such place.
(b) Transportation under this section shall be provided in accordance with an agreement entered into between the Secretary of Defense and the Secretary of Veterans Affairs. Such an agreement shall provide that transportation may be furnished to a veteran (or for the remains of a veteran) on an aircraft referred to in subsection (a) only if—
(1) the Secretary of Veterans Affairs notifies the Secretary of Defense that the veteran needs or has been furnished medical care or services in a Department of Veterans Affairs facility and the Secretary of Veterans Affairs requests such transportation in connection with the travel of such veteran (or of the remains of such veteran) to or from the Department of Veterans Affairs facility where the care or services are to be furnished or were furnished to such veteran;
(2) there is space available for the veteran (or the remains of the veteran) on the aircraft; and
(3) there is an adequate number of medical and other service attendants to care for all persons being transported on the aircraft.
(c) A veteran is not eligible for transportation under this section unless the veteran is a primary beneficiary within the meaning of clause (A) of
(d)(1) A charge may not be imposed on a veteran (or on the survivors of a veteran) for transportation provided to the veteran (or for the remains of the veteran) under this section.
(2) An agreement under subsection (b) shall provide that the Department of Veterans Affairs shall reimburse the Department of Defense for any costs incurred in providing transportation to veterans (or for the remains of veterans) under this section that would not otherwise have been incurred by the Department of Defense.
(e) In this section, the term "veteran" has the meaning given that term in
(Added
Amendments
1994—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
1989—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (d)(2).
Deadline for Entry Into Transportation Agreement
Section 1250(b) of
§2641a. Transportation of American Samoa veterans on Department of Defense aircraft for certain medical care in Hawaii
(a)
(b)
(1) resides in and is located in American Samoa; and
(2) as determined by an official of the Department of Veterans Affairs designated for that purpose by the Secretary of Veterans Affairs, must be transported to the State of Hawaii in order to receive hospital care to which such veteran is entitled under
(c)
(2) A charge may not be imposed on a veteran for transportation provided to the veteran under this section.
(Added
Amendments
1999—Subsec. (b)(2).
Subsec. (d).
"(1) The term 'veteran' has the meaning given that term in
"(2) The term 'hospital care' has the meaning given that term in
§2642. Reimbursement rate for airlift services provided to Central Intelligence Agency
(a)
(b)
(Added
§2643. Commissary and exchange services: transportation overseas
The Secretary of Defense shall authorize the officials responsible for operation of commissaries and military exchanges to negotiate directly with private carriers for the most cost-effective transportation of commissary and exchange supplies by sea without relying on the Military Sealift Command or the Military Traffic Management Command.
(Added
§2644. Control of transportation systems in time of war
In time of war, the President, through the Secretary of Defense, may take possession and assume control of all or part of any system of transportation to transport troops, war material, and equipment, or for other purposes related to the emergency. So far as necessary, he may use the system to the exclusion of other traffic.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
4742 | 10:1361. | Aug. 29, 1916, ch. 418 (last par. under "Ordnance Department"), |
The words "as may be needful or desirable" are omitted as surplusage.
Amendments
1996—
§2645. Indemnification of Department of Transportation for losses covered by vessel war risk insurance
(a)
(A) in the case of a claim for the loss of a vessel, not later than 90 days after the date on which the Secretary of Transportation determines the claim to be payable or that amounts are due under the policy that provided the vessel war risk insurance; and
(B) in the case of any other claim, not later than 180 days after the date on which the Secretary of Transportation determines the claim to be payable.
(2) When there is a loss of a vessel that is (or may be) covered by vessel war risk insurance, the Secretary of Transportation may make, during the period when a claim for such loss is pending with the Secretary of Transportation, any required periodic payments owed by the insured party to a lessor or mortgagee of such vessel. Such payments shall commence not later than 30 days following the date of the presentment of the claim for the loss of the vessel to the Secretary of Transportation. If the Secretary of Transportation determines that the claim is payable, any amount paid under this paragraph arising from such claim shall be credited against the amount payable under the vessel war risk insurance. If the Secretary of Transportation determines that the claim is not payable, any amount paid under this paragraph arising from such claim shall constitute a debt to the United States, payable to the insurance fund. Any such amounts so returned to the United States shall be promptly credited to the fund or account from which the payments were made under this paragraph.
(b)
(c)
(d)
(1) notification of the loss as soon after the occurrence of the loss as possible and in no event more than 30 days after the date of the loss; and
(2) semiannual reports thereafter updating the information submitted under paragraph (1) and showing with respect to losses arising from such incident the total amount expended to cover such losses, the source of such funds, pending litigation, and estimated total cost to the Government.
(e)
(2) Consolidation of claims arising from the same incident is not required before indemnification of the Secretary of Transportation for payment of a claim may be made under this section.
(f)
(g)
(h)
(1)
(2)
(3)
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (f), is the date of enactment of
The Merchant Marine Act, 1936, referred to in subsecs. (g) and (h)(1), is act June 29, 1936, ch. 858,
Amendments
1997—Subsec. (a)(1)(B).
§2646. Travel services: procurement for official and unofficial travel under one contract
(a)
(b)
(2) The evaluation factors applicable to offers for a contract under this section may include a factor that relates to the estimated aggregate value of any credits, discounts, commissions, or other fees that would accrue to the Department of Defense for the travel-related sales made under the contract.
(3) Commissions or fees received by the Department of Defense as a result of travel-related sales made under a contract entered into under this section shall be distributed as follows:
(A) For amounts relating to sales for official travel, credit to appropriations available for official travel for the fiscal year in which the amounts were charged.
(B) For amounts relating to sales for unofficial travel, deposit in nonappropriated fund accounts available for morale, welfare, and recreation programs.
(c)
(1) The term "head of an agency" has the meaning given that term in
(2) The term "official travel" means travel at the expense of the Federal Government.
(3) The term "unofficial travel" means personal travel or other travel that is not paid for or reimbursed by the Federal Government out of appropriated funds.
(d)
(Added
CHAPTER 159 —REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY
Historical and Revision Notes
1962 Act
This section makes necessary clerical amendments to chapter analysis.
Amendments
1998—
1997—
1996—
1993—
1992—
1991—
1990—
1988—
1987—
1986—
1985—
1984—
1983—
1982—
1980—
1979—
1977—
1975—
1974—
1973—
1971—
1970—
1963—
1962—
1960—
1958—
Cross References
Property records, basis and reports, see
Real property—
Air Force, see
Army, see
§2661. Miscellaneous administrative provisions relating to real property
(a) Appropriations for operation and maintenance of the active forces shall be available for the following:
(1) The repair of facilities.
(2) The installation of equipment in public and private plants.
(b) The Secretary of Defense and the Secretary of each military department may provide for the following:
(1) The leasing of buildings and facilities (including the payment of rentals for special purpose space at the seat of Government). Rental for such leases may be paid in advance in connection with—
(A) the conduct of field exercises and maneuvers; and
(B) the administration of the Act of July 9, 1942 (
(2) The maintenance of defense access roads which are certified to the Secretary of Transportation as important to the national defense under the provisions of
(Added
Historical and Revision Notes
Subsection (a) of this section and
Subsection (b) is based on
Prior Provisions
A prior section 2661, act Aug. 10, 1956, ch. 1041,
Study of Establishment of Land Management and Training Center
"(a)
"(b)
[§2661a. Repealed. Pub. L. 97–295, §1(31)(A), Oct. 12, 1982, 96 Stat. 1296 ]
Section, added
The repeal of this section by
§2662. Real property transactions: reports to congressional committees
(a)
(1) An acquisition of fee title to any real property, if the estimated price is more than $200,000.
(2) A lease of any real property to the United States, if the estimated annual rental is more than $200,000.
(3) A lease or license of real property owned by the United States, if the estimated annual fair market rental value of the property is more than $200,000.
(4) A transfer of real property owned by the United States to another Federal agency or another military department or to a State, if the estimated value is more than $200,000.
(5) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $200,000.
(6) Any termination or modification by either the grantor or grantee of an existing license or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.
If a transaction covered by clause (1) or (2) is part of a project, the report must include a summarization of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made. The report required by this subsection concerning any report of excess real property described in clause (5) shall contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such property for other real property authorized to be acquired for military purposes and has determined that the property proposed to be declared excess is not suitable for such purpose.
(b)
(c)
(d)
(e)
(f)
(g)
(A) A declaration of war.
(B) A declaration of a national emergency by the President pursuant to the National Emergencies Act (
(C) A declaration of an emergency or major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(D) The use of the militia or the armed forces after a proclamation to disperse under
(E) A contingency operation.
(2) The reporting requirement set forth in subsection (a) shall not apply with respect to a real property transaction otherwise covered by that subsection if the Secretary concerned determines that—
(A) an event listed in paragraph (1) is imminent; and
(B) the transaction is necessary for purposes of preparation for such event.
(3) Not later than 30 days after entering into a real property transaction covered by paragraph (1) or (2), the Secretary concerned shall submit to the committees named in subsection (a) a report on the transaction. The report shall set forth any facts or information which would otherwise have been submitted in a report on the transaction under subsection (a) or (e), as the case may be, but for the operation of paragraph (1) or (2).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2662(a) 2662(b) 2662(c) |
40:551. 40:552. 40:553. |
Sept. 28, 1951, ch. 434, §§601–604, |
2662(d) | 40:554. |
In subsection (a), the words "must come to an agreement * * * before entering into any of the following transactions by or for the use of that department:" are substituted for the words "shall come into agreement * * * with respect to those real-estate actions by or for the use of the military departments * * * that are described in subsection (a)–(e) of this section, and in the manner therein described". The last sentence is substituted for the last sentence of 40:551(a) and 40:551(b).
In subsection (a)(4), the words "or another military department" are substituted for the words "including transfers between the military departments". The words "under the jurisdiction of the military departments" are omitted as surplusage.
In subsection (b), the words "more than $5,000 but not more than $25,000" are substituted for the words "between $5,000 and $25,000". The words "shall report" are substituted for the words "will, in addition, furnish * * * reports".
In subsection (c), the words "the United States, Alaska, Hawaii" are substituted for the words "the continental United States, the Territory of Alaska, the Territory of Hawaii", since, as defined in
In subsection (d), the words "A statement * * * that the requirements of this section have been met" are substituted for the words "A recital of compliance with this chapter * * * to the effect that the requirements of this chapter have been complied with". The words "in the alternative", "or lease", and "evidence thereof" are omitted as surplusage.
References in Text
The National Emergencies Act, referred to in subsec. (g)(1)(B), is
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (g)(1)(C), is
Amendments
1999—Subsec. (a).
1998—Subsecs. (a) to (f).
Subsec. (g).
1996—Subsec. (a).
Subsec. (b).
Subsec. (e).
Subsec. (f).
1992—
Subsec. (f).
1990—Subsec. (b).
1988—Subsecs. (a), (b), (e).
1980—Subsecs. (a), (b), (e).
1976—Subsec. (a).
1975—Subsec. (b).
Subsec. (c).
1974—Subsec. (a)(6).
1972—Subsec. (e).
1971—Subsec. (a)(3).
1960—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1959—Subsec. (c).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by section 4321(b)(21) of
Effective Date of 1988 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Reduction or Realignment of Training Bases
Closing of Facilities; Closures or Realignments Publicly Announced After September 30, 1977
Closing of Facilities; Reports to Congress
Section Referred to in Other Sections
This section is referred to in title 42 section 3374.
§2663. Acquisition
(a) The Secretary of a military department may have proceedings brought in the name of the United States, in a court of proper jurisdiction, to acquire by condemnation any interest in land, including temporary use, needed for—
(1) the site, construction, or operation of fortifications, coast defenses, or military training camps;
(2) the construction and operation of plants for the production of nitrate and other compounds, and the manufacture of explosives or other munitions of war; or
(3) the development and transmission of power for the operation of plants under clause (2).
(b) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under subsection (a), take and use the land to the extent of the interest sought to be acquired.
(c) The Secretary of the military department concerned may contract for or buy any interest in land, including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and the Secretary considers that price to be reasonable.
(d) The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including temporary use, for any purpose named in subsection (a).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2663(a) 2663(b) 2663(c) |
50:171 (less provisos). 50:171 (last proviso). 50:171 (1st proviso). |
July 2, 1917, ch. 35; restated Apr. 11, 1918, ch. 51, |
2663(d) | 50:171 (2d proviso). [50:171 is made applicable to the Navy by 50:171–1 (less 16th through 21st words)]. |
Oct. 25, 1951, ch. 563, §101 (less 22d through 43d words), |
In subsection (a), the words "brought * * * in a court of proper jurisdiction" are substituted for the words "instituted * * * in any court having jurisdiction of such proceedings". The words "any interest in land, including temporary use" are substituted for the words "any land, temporary use thereof or other interest therein, or right pertaining thereto". The words "relating to suits for the condemnation of property" are omitted as surplusage. The last sentence is substituted for 50:171 (words between semicolon and first proviso). The Act of July 2, 1917, ch. 35, as restated by the Act of April 11, 1918, ch. 51 (last 77 words), are not contained in 50:171. They are also omitted from the revised section as executed.
In subsection (a)(1), the word "location" is omitted as surplusage. The words "operation of" are substituted for the words "prosecution of works for".
In subsection (b), the words "That when such property is acquired" are omitted as surplusage. The words "under subsection (a)" are substituted for the words "of any land, temporary use thereof or other use therein or right pertaining thereto to be acquired for any of the purposes aforesaid". The words "take and use" are substituted for the words "possession thereof may be taken * * * and used for military purposes".
In subsection (c), the words "as soon as the owner fixes a price for it" are substituted for the words "That when the owner of such land, interest, or rights pertaining thereto shall fix a price for the same". The word "considers" is substituted for the words "which in the opinion". The words "contract for or buy" are substituted for the words "purchase or enter into a contract". The words "without further delay" are omitted as surplusage.
In subsection (d), the words "a gift of any interest in land * * * for any purpose named in subsection (a)" are substituted for 50:171 (last 15 words of 2d proviso).
1958 Act
The deletion of the last sentence of section 2663(a) and the last sentence of section 2664(a) reflects their implied repeal by Rule 71A of the Rules of Civil Procedure for the United States District Courts (see
Amendments
1958—Subsec. (a).
Effective Date of 1958 Amendment
Amendment by
Federal Rules of Civil Procedure
Procedure in condemnation proceedings, see rule 71A, Title 28, Appendix, Judiciary and Judicial Procedure.
Cross References
Condemnation of realty for sites and other uses, see
Helium, conservation, production, purchase and sale of, authority of Secretary of the Interior, see
Original jurisdiction of district courts in condemnation proceedings, see
Taking possession and title to lands, etc. in advance of final judgment, see
§2664. Acquisition of property for lumber production
(a) The Secretary of a military department, the Secretary of Transportation, or any one or more of them, may have proceedings brought in the name of the United States to acquire by condemnation any interest in property named in subsection (b), including temporary use, and needed for—
(1) the production of aircraft, vessels, dry docks, or equipment for them;
(2) the procurement of supplies for aircraft, vessels, and dry docks; or
(3) housing for persons employed by the United States in connection with functions of the Army, Navy, Air Force, or Marine Corps, or the functions transferred to the Secretary of Transportation under section 3 of the Maritime Act of 1981 (
(b) The kinds of property that may be acquired by condemnation under subsection (a) are—
(1) standing or fallen timber;
(2) sawmills;
(3) camps;
(4) machinery;
(5) logging roads;
(6) rights-of-way;
(7) supplies; and
(8) works, property, or appliances suitable for the production of lumber and timber products.
(c) Jurisdiction over condemnation proceedings under this section is vested in the United States District Court for the district in which the property, or any part of it, sought to be condemned is located, regardless of its value.
(d) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under subsection (a), take and use the property to the extent of the interest sought to be acquired.
(e) A person named in subsection (a) may contract for or buy any interest in property named in subsection (b), including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and that person considers that price to be reasonable.
(f) A person named in subsection (a) may accept for the United States a gift of any property named in subsection (b), including temporary use, for any purpose named in subsection (a).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2664(a) | 50:172 (1st par., less 26th through 56th words of 1st sentence; and less last sentence). | July 9, 1918, ch. 143, subch. XV, §8 (2d par.), |
2664(b) | 50:172 (26th through 56th words of 1st sentence of 1st par.). | |
2664(c) | 50:172 (last sentence of 1st par.). | |
2664(d) | [No source]. | |
2664(e) | [No source]. | |
2664(f) | [No source]. |
In subsection (a), the introductory clause is substituted for 50:172 (1st 25 words, and 2d sentence). The words "Secretary of Commerce" and "Chairman of the Federal Maritime Board" are substituted for the words "Chairman of the United States Maritime Commission" and the words "functions transferred to the Secretary of Commerce or the Federal Maritime Board by 1950 Reorganization Plan No. 21, effective May 24, 1950,
In subsection (a)(2), the word "supplies" is substituted for the words "materials and equipment", since the word "supplies" is defined in
The last sentence of subsection (a) is based on the 27 words preceding the first proviso of 50:171, which is the source for section 2663(a) (last sentence) of this title, and which was incorporated into 50:172 by the cross reference in the first sentence thereof.
In subsection (b), the introductory clause is inserted for clarity. The words "equipment, materials" are omitted as covered by the word "supplies", since the word "supplies" is defined in
In subsection (c), the words "United States District Court for the district in which" are substituted for the words "district courts of the United States, where" to conform to
Subsections (d)–(f) are based on the provisos of 50:171, which are the source for section 2663(b)–(d) of this title, and which were incorporated into 50:172 by the cross reference in the first sentence thereof.
1958 Act
The deletion of the last sentence of section 2663(a) and the last sentence of section 2664(a) reflects their implied repeal by Rule 71A of the Rules of Civil Procedure for the United States District Courts (see
1982 Act
This corrects an error in an amendment to 10:2664(a) made by section 12(3)(A) of the Maritime Act of 1981 (
Amendments
1987—Subsec. (a)(3).
1982—Subsec. (a).
1981—Subsec. (a).
1980—Subsec. (a).
1958—Subsec. (a).
Subsec. (e).
Subsec. (f).
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Cross References
Original jurisdiction of district courts in condemnation proceedings, see
Section Referred to in Other Sections
This section is referred to in
§2665. Sale of certain interests in land; logs
(a) The President, through an executive department, may sell to any person or foreign government any interest in land that is acquired under
(b) The President, through an executive department, may sell to any person or foreign government any forest products produced on land owned or leased by a military department or the Department of Transportation.
(c) Sales under subsection (a) or (b) shall be at prices determined by the President acting through the selling agency.
(d) Appropriations of the Department of Defense may be reimbursed for all costs of production of forest products pursuant to this section from amounts received as proceeds from the sale of any such property.
(e)(1) Each State in which is located a military installation or facility from which forest products are sold in a fiscal year is entitled at the end of such year to an amount equal to 40 percent of (A) the amount received by the United States during such year as proceeds from the sale of forest products produced on such installation or facility, less (B) the amount of reimbursement of appropriations of the Department of Defense under subsection (d) during such year attributable to such installation or facility.
(2) The amount paid to a State pursuant to paragraph (1) shall be expended as the State legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the military installation or facility is situated.
(3) In a case in which a military installation or facility is located in more than one State or county, the amount paid pursuant to paragraph (1) shall be distributed in a manner proportional to the area of such installation or facility in each State or county.
(f)(1) There is in the Treasury a reserve account administered by the Secretary of Defense for the purposes of this section. Balances in the account may be used for costs of the military departments—
(A) for improvements of forest lands;
(B) for unanticipated contingencies in the administration of forest lands and the production of forest products for which other sources of funds are not available in a timely manner; and
(C) for natural resources management that implements approved plans and agreements.
(2) There shall be deposited into the reserve account the total amount received by the United States as proceeds from the sale of forest products sold under subsections (a) and (b) less—
(A) reimbursements of appropriations made under subsection (d), and
(B) payments made to States under subsection (e).
(3) The reserve account may not exceed $4,000,000 on December 31 of any calendar year. Unobligated balances exceeding $4,000,000 on that date shall be deposited into the United States Treasury.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2665(a) | 50:172 (last par., less 36th through 64th, and 73d through 109th, words). | July 9, 1918, ch. 143, subch. XV, §8 (last par.), |
2665(b) | 50:172 (36th through 64th words of last par.). | |
2665(c) | 50:172 (73d through 90th words of last par.). | |
2665(d) | 50:172 (91st through 109th words of last par.). |
In subsection (a), the words "an executive department or the Federal Maritime Board" are substituted for the words "any department or the United States Maritime Commission" to reflect an opinion of the Judge Advocate General of the Army (JAGA 1954/1723) and to name the successor of the United States Maritime Commission. The last 18 words are inserted to reflect that opinion (see the Act of February 20, 1931 (
In subsection (b), the words "an executive department or the Federal Maritime Board" are inserted for clarity and to name the successor of the United States Maritime Commission.
In subsections (a) and (b), the word "person" is substituted for the words "individuals, corporations," since
In subsection (c), the words "the selling agency" are substituted for the words "his above representatives selling or disposing of the same".
1982 Act
This corrects an error in an amendment to 10:2665 made by section 12(3)(B) of the Maritime Act of 1981 (
Amendments
1986—Subsec. (d).
Subsec. (e)(1).
Subsec. (f)(1).
Subsec. (f)(2), (3).
"(2) Subject to paragraph (3), there shall be deposited into the reserve account not later than December 31 of each year, for credit to the preceding fiscal year, an amount equal to one-half of the amount (if any) remaining of the total amount received by the United States during that fiscal year as proceeds from the sale of forest products after (A) the reimbursement of appropriations of the Department of Defense under subsection (d) for expenses of production of forest products during that fiscal year, and (B) the payment to States under subsection (e) for that fiscal year.
"(3) The balance in the reserve account may not exceed $4,000,000. If a deposit under paragraph (2) would cause the balance in the account to exceed that amount, the deposit shall be made only to the extent the amount of the deposit would not cause the balance in the account to exceed $4,000,000."
1984—Subsec. (b).
Subsec. (d).
Subsec. (e)(1).
Subsec. (f).
1982—Subsecs. (a), (b).
1981—Subsecs. (a), (b).
Subsec. (e).
1980—Subsecs. (a), (b).
1977—Subsec. (d).
Effective Date of 1984 Amendment
Section 809(b) of
"(b)(1) Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall take effect on October 1, 1984.
"(2) The amendment made by subsection (a)(2)(B) [probably should be '(a)(3)(B)', which amended subsec. (e)(1) of this section] shall apply with respect to payments to States for fiscal years beginning after September 30, 1984."
Effective Date of 1981 Amendment
Section 910(b) of
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 16 section 670a.
§2666. Acquisition: land purchase contracts; limitation on commission
The maximum amount payable as commission on a contract for the purchase of land from funds appropriated for the Department of Defense is 2 percent of the purchase price.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2666 | 5:174b. | Aug. 1, 1953, ch. 305, §606, |
§2667. Leases: non-excess property of military departments
(a) Whenever the Secretary of a military department considers it advantageous to the United States, he may lease to such lessee and upon such terms as he considers will promote the national defense or be in the public interest, real or personal property that is—
(1) under the control of that department;
(2) not for the time needed for public use; and
(3) not excess property, as defined by section 3 of the Federal Property and Administrative Services Act of 1949 (
(b) A lease under subsection (a)—
(1) may not be for more than five years, unless the Secretary concerned determines that a lease for a longer period will promote the national defense or be in the public interest;
(2) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(3) shall permit the Secretary to revoke the lease at any time, unless he determines that the omission of such a provision will promote the national defense or be in the public interest;
(4) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Secretary; and
(5) may provide, notwithstanding section 321 of the Act of June 30, 1932 (
(c) This section does not apply to oil, mineral, or phosphate lands.
(d)(1)(A) All money rentals received pursuant to leases entered into by the Secretary of a military department under this section shall be deposited in a special account in the Treasury established for such military department, except—
(i) amounts paid for utilities and services furnished lessees by the Secretary; and
(ii) money rentals referred to in paragraph (4) or (5).
(B) Sums deposited in a military department's special account pursuant to subparagraph (A) shall be available to such military department, as provided in appropriation Acts, as follows:
(i) 50 percent of such amount shall be available for facility maintenance and repair or environmental restoration at the military installation where the leased property is located.
(ii) 50 percent of such amount shall be available for facility maintenance and repair and for environmental restoration by the military department concerned.
(2) Payments for utilities and services furnished lessees pursuant to leases entered into under this section shall be credited to the appropriation account or working capital fund from which the cost of furnishing the utilities and services was paid.
(3) As part of the request for authorizations of appropriations submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives for each fiscal year, the Secretary of Defense shall include—
(A) an accounting of the receipt and use of all money rentals that were deposited and expended under this subsection during the fiscal year preceding the fiscal year in which the request is made; and
(B) a detailed explanation of each lease entered into, and of each amendment made to existing leases, during such preceding fiscal year.
(4) Money rentals received by the United States directly from a lease under this section for agricultural or grazing purposes of lands under the control of the Secretary of a military department (other than lands acquired by the United States for flood control or navigation purposes or any related purpose, including the development of hydroelectric power) may be retained and spent by the Secretary concerned in such amounts as the Secretary considers necessary to cover the administrative expenses of leasing for such purposes and to cover the financing of multiple-land use management programs at any installation under the jurisdiction of the Secretary.
(5) Money rentals received by the United States from a lease under subsection (f) shall be deposited into the account established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(e) The interest of a lessee of property leased under this section may be taxed by State or local governments. A lease under this section shall provide that, if and to the extent that the leased property is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.
(f)(1) Notwithstanding subsection (a)(3) or the Federal Property and Administrative Services Act of 1949 (to the extent such Act is inconsistent with this subsection), pending the final disposition of real property and personal property located at a military installation to be closed or realigned under a base closure law, the Secretary of the military department concerned may lease the property to any individual or entity under this subsection if the Secretary determines that such a lease would facilitate State or local economic adjustment efforts.
(2) Notwithstanding subsection (b)(4), the Secretary concerned may accept consideration in an amount that is less than the fair market value of the lease interest if the Secretary concerned determines that—
(A) a public interest will be served as a result of the lease; and
(B) the fair market value of the lease is (i) unobtainable, or (ii) not compatible with such public benefit.
(3) Before entering into any lease under this subsection, the Secretary shall consult with the Administrator of the Environmental Protection Agency in order to determine whether the environmental condition of the property proposed for leasing is such that the lease of the property is advisable. The Secretary and the Administrator shall enter into a memorandum of understanding setting forth procedures for carrying out the determinations under this paragraph.
(4) The Secretary concerned may accept under subsection (b)(5) services of a lessee for an entire installation to be closed or realigned under a base closure law, or for any part of such installation, without regard to the requirement in subsection (b)(5) that a substantial part of the installation be leased.
(5)(A) Notwithstanding the National Environmental Policy Act of 1969 (
(B) Interim leases entered into under this subsection shall be deemed not to prejudice the final disposal decision with respect to the property, even if final disposal of the property is delayed until completion of the term of the interim lease. An interim lease under this subsection shall not be entered into without prior consultation with the redevelopment authority concerned.
(C) Subparagraphs (A) and (B) shall not apply to an interim lease under this subsection if authorized activities under the lease would—
(i) significantly affect the quality of the human environment; or
(ii) irreversibly alter the environment in a way that would preclude any reasonable disposal alternative of the property concerned.
(g)(1) If a proposed lease under subsection (a) involves only personal property, the lease term exceeds one year, and the fair market value of the lease interest exceeds $100,000, as determined by the Secretary concerned, the Secretary shall use competitive procedures to select the lessee.
(2) Not later than 45 days before entering into a lease described in paragraph (1), the Secretary concerned shall submit to Congress written notice describing the terms of the proposed lease and the competitive procedures used to select the lessee.
(h) In this section, the term "base closure law" means each of the following:
(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(3)
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2667(a) 2667(b) |
5:626s–3 (1st sentence). 10:1270 (1st sentence). 34:522a (1st sentence). 5:626s–3 (2d through 6th sentences). 10:1270 (2d through 6th sentences). |
Aug. 5, 1947, ch. 493, §§1, 6, |
34:522a (2d through 6th sentences). | ||
2667(c) | 5:626s–3 (last sentence). | |
10:1270 (last sentence). | ||
34:522a (last sentence). | ||
2667(d) | 5:626s–3 (less 1st 6 sentences). | |
10:1270 (less 1st 6 sentences). | ||
34:522a (less 1st 6 sentences). | ||
2667(e) | 5:626s–6. 10:1270d. 34:522e. |
In subsection (a), the words "considers * * * United States" are substituted for the words "shall deem * * * Government". The words "and conditions" are omitted as surplusage. The words "he considers" are substituted for the words "in his judgment".
In subsection (a)(3), the words "excess property, as defined by
In subsection (b)(2), the words "may give" are substituted for the first 12 words of the third sentence of 5:626s–3, 10:1270, and 34:522a. The words "if the lease is revoked to allow the United States to sell the property" are substituted for the words "in the event of the revocation of the lease in order to permit sale thereof by the Government". The words "under any other provision of law" are inserted for clarity. The words "the first right to buy" are substituted for the words "a right of first refusal". The words "but this section shall not be construed as authorizing the sale of any property unless the sale thereof is otherwise authorized by law" are omitted as surplusage, since the revised section deals only with leases of property.
In subsection (b)(3), the words "must permit" are substituted for the words "Each such lease shall contain a provision permitting". The words "from the lease" are omitted as surplusage.
In subsection (b)(5), the words "any such lease" and "of such property" are omitted as surplusage.
In subsection (c), the words "This section does" are substituted for the words "The authority herein granted shall".
In subsection (e), the words "of property" are inserted for clarity. The words "leased under" are substituted for the words "made or created pursuant to". The words "may be taxed by State or local governments" are substituted for the words "shall be made subject to State or local taxation". The last sentence is substituted for the last sentence of 5:626s–6, 10:1270d, and 34:522e.
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (f)(1), is act June 30, 1949, ch. 288,
The National Environmental Policy Act of 1969, referred to in subsec. (f)(5)(A), is
Amendments
1999—Subsec. (d)(3).
1998—Subsec. (f)(1).
1997—
Subsec. (b)(4).
Subsec. (d)(2).
Subsecs. (g), (h).
1996—Subsec. (d)(1)(A)(ii).
Subsec. (d)(3).
Subsec. (d)(5).
Subsec. (f)(4).
Subsec. (f)(5).
1993—Subsec. (f).
"(1) the Secretary concerned determines that such action would facilitate State or local economic adjustment efforts, and
"(2) the Administrator of General Services concurs in the action."
Subsec. (g).
1992—Subsec. (b)(4).
1991—Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (d)(3).
1990—Subsec. (d).
1982—Subsec. (b)(4).
Subsec. (d).
1980—Subsec. (a)(3).
Subsec. (b)(4).
Subsec. (e).
Subsec. (f).
1976—Subsec. (b)(4), (5).
1975—Subsec. (f).
Effective Date of 1980 Amendment
Amendment by
Savings Provision
Amendment by
Leasing of Defense Property; Notification of Congress; Waiver; Report to Congress; Definition
Section Referred to in Other Sections
This section is referred to in
§2667a. Leases: non-excess property of Defense agencies
(a)
(1) under the control of a Defense agency;
(2) not for the time needed for public use; and
(3) not excess property, as defined by section 3 of the Federal Property and Administrative Services Act of 1949 (
(b)
(1) may not be for more than five years unless the Secretary of Defense determines that a lease for a longer period will promote the national defense or be in the public interest;
(2) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(3) shall permit the Secretary to revoke the lease at any time, unless the Secretary determines that the omission of such a provision will promote the national defense or be in the public interest;
(4) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Secretary; and
(5) may provide, notwithstanding any other provision of law, for the improvement, maintenance, protection, repair, restoration, or replacement by the lessee, of the property leased as the payment of part or all of the consideration for the lease.
(c)
(2) Not later than 45 days before entering into a lease described in paragraph (1), the Secretary shall submit to Congress a written notice describing the terms of the proposed lease and the competitive procedures used to select the lessee.
(d)
(Added
Prior Provisions
A prior section 2667a, added
§2668. Easements for rights-of-way
(a) If the Secretary of a military department finds that it will not be against the public interest, he may grant, upon such terms as he considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under his control, to a State, Territory, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Territory, Commonwealth, or possession, for—
(1) railroad tracks;
(2) oil pipe lines;
(3) substations for electric power transmission lines and pumping stations for gas, water, sewer, and oil pipe lines;
(4) canals;
(5) ditches;
(6) flumes;
(7) tunnels;
(8) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture;
(9) roads and streets;
(10) poles and lines for the transmission or distribution of electric power;
(11) poles and lines for the transmission or distribution of communications signals (including telephone and telegraph signals);
(12) structures and facilities for the transmission, reception, and relay of such signals; and
(13) any other purpose that he considers advisable, except a purpose covered by
(b) No easement granted under this section may include more land than is necessary for the easement.
(c) The Secretary of the military department concerned may terminate all or part of any easement granted under this section for—
(1) failure to comply with the terms of the grant;
(2) nonuse for a two-year period; or
(3) abandonment.
(d) Copies of instruments granting easements over public lands under this section shall be furnished to the Secretary of the Interior.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2668(a) 2668(b) |
43:931b (less 2d and 3d provisos of 1st sentence, and less last sentence). 43:931b (2d proviso of 1st sentence). |
July 24, 1946, ch. 596, §7, |
2668(c) | 43:931b (3d proviso of 1st sentence). | |
2668(d) | 43:931b (last sentence) [43:931b is made applicable to the Navy by 50:171–1 (16th through 21st words)]. |
In subsection (a), the word "conditions" is omitted as covered by the word "terms". The description of the persons covered in the opening paragraph and the lands covered in clauses (1)–(10) is restated to reflect an opinion of the Judge Advocate General of the Army (JAGR 1952/3179, 27 Mar. 1952). The exceptions to clause (10) make express the fact that the revised section does not cover certain easements authorized by earlier law. The word "over" includes the word "across". The words "of the United States", "and empowered", "acquired lands", "jurisdiction and", and "municipality" are omitted as surplusage. The word "Commonwealth" is inserted to reflect the present status of Puerto Rico.
In subsection (b), the words "for the easement" are substituted for the words "for the purpose for which granted".
In subsections (b) and (c), the word "easement" is substituted for the word "rights-of-way".
In subsection (c), the word "terminate" is substituted for the words "annulled and forfeited". The words "and conditions" are omitted as covered by the word "terms". The words "two-year period" are substituted for the words "a period of two consecutive years". The words "of rights granted under authority hereof" are omitted as surplusage.
Amendments
1996—Subsec. (a)(3).
Subsec. (a)(9).
Subsec. (a)(10) to (12).
Subsec. (a)(13).
1984—Subsec. (a)(10).
Cross References
Easements for rights-of-way across lands purchased for river, harbor, and flood control improvements granted by Secretary of the Army, see
Rights of way and other easements in public lands, see
§2669. Easements for rights-of-way: gas, water, sewer pipe lines
(a) If the Secretary of a military department finds that it will be in the public interest and will not substantially injure the interest of the United States in the property affected, he may grant, upon such terms as he considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under his control, for gas, water, and sewer pipe lines, to a State, Territory, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Territory, Commonwealth, or possession.
(b) No easement granted under this section may include more land than is necessary for the easement.
(c) The Secretary of the military department concerned may terminate all or part of any easement granted under this section for—
(1) failure to comply with the terms of the grant;
(2) nonuse; or
(3) abandonment.
(d) The Secretary concerned shall include in his annual report to the President a complete statement of each easement granted under this section, including the name and address of the grantee, the purpose of the grant, and the benefits accruing to the United States or to the public.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2669(a) 2669(b) 2669(c) 2669(d) |
10:1351 (less 2d and last provisos). [No source]. 10:1351 (2d proviso). 10:1351 (last proviso). |
May 17, 1926, ch. 313, §1, |
Section 101 of the Act of October 25, 1951, cited above, makes the Act of May 17, 1926, cited above, applicable to the Navy.
In subsection (a), the word "conditions" is omitted as covered by the word "terms". The descriptions of the lands and persons covered are restated to reflect an opinion of the Judge Advocate General of the Army (JAGR 1952/3179, 27 Mar. 52). The words "and empowered", "of the United States", "across", and "military reservations and other" are omitted as surplusage. The word "Commonwealth" is inserted to reflect the present status of Puerto Rico.
Subsection (b) is inserted for clarity and is based on the above cited opinion.
In subsection (c), the words "any easement" are substituted for the words "such rights-of-way". The word "terminate" is substituted for the words "annulled and forfeited". The words "and conditions" are omitted as covered by the word "terms". The words "of rights granted under the authority hereof" are omitted as surplusage.
In subsection (d), the words "a complete statement of each easement" are substituted for the words "a full and complete statement of each and all easements".
Cross References
Easements for purpose under this section as exception to Secretary of military department's power to grant for other purposes, see
Easements for rights-of-way across lands purchased for river, harbor and flood control improvements granted by Secretary of the Army, see
Section Referred to in Other Sections
This section is referred to in
§2670. Licenses: military installations; erection and use of buildings; American National Red Cross
Under such conditions as he may prescribe, the Secretary of any military department may issue a revocable license to the American National Red Cross to—
(1) erect and maintain, on any military installation under his jurisdiction, buildings for the storage of supplies; or
(2) use, for the storage of supplies, buildings erected by the United States.
Supplies stored in buildings erected or used under this section are available to aid the civilian population in a serious national disaster.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2670 | 36:12. | June 3, 1916, ch. 134, §127a (5th par.); added June 4, 1920, ch. 227, subch. I, §51 (5th par.); restated July 17, 1953, ch. 222, §3, |
The word "issue" is substituted for the words "grant permission". The word "use" is substituted for the words "occupy for that purpose".
Cross References
Cooperation and assistance to armed forces, see
§2671. Military reservations and facilities: hunting, fishing, and trapping
(a) The Secretary of Defense shall, with respect to each military installation or facility under the jurisdiction of any military department in a State or Territory—
(1) require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State or Territory in which it is located;
(2) require that an appropriate license for hunting, fishing, or trapping on that installation or facility be obtained, except that with respect to members of the Armed Forces, such a license may be required only if the State or Territory authorizes the issuance of a license to a member on active duty for a period of more than thirty days at an installation or facility within that State or Territory, without regard to residence requirements, and upon terms otherwise not less favorable than the terms upon which such a license is issued to residents of that State or Territory; and
(3) develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State or Territory in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State or Territory may, at such time and under such conditions as may be agreed upon, have full access to that installation or facility to effect measures for the management, conservation, and harvesting of fish and game resources.
(b) The Secretary of Defense shall prescribe regulations to carry out this section.
(c) Whoever is guilty of an act or omission which violates a requirement prescribed under subsection (a)(1) or (2), which act or omission would be punishable if committed or omitted within the jurisdiction of the State or Territory in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to a like punishment.
(d) This section does not modify any rights granted by the treaty or otherwise to any Indian tribe or to the members thereof.
(Added
§2672. Acquisition: interests in land when cost is not more than $500,000
(a)(1) The Secretary of a military department may acquire any interest in land that—
(A) the Secretary determines is needed in the interest of national defense; and
(B) does not cost more than $500,000, exclusive of administrative costs and the amounts of any deficiency judgments.
(2) This section does not apply to the acquisition, as a part of the same project, of more than one parcel of land unless the parcels are noncontiguous, or, if contiguous, unless the total cost is not more than $500,000.
(b) The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2672 | 50:171b. | Aug. 3, 1956, ch. 939, §406, |
The word "land" is omitted as covered by the words "any interest in land". The words "This section does not apply to the acquisition" are substituted for the words "The authority under this section may not, however, be used to acquire". The words "as a part of the same project" are inserted for clarity.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2672 | 50:171b. | Aug. 20, 1958, |
This section effectuates the amendment to be source law by
Amendments
1997—
Subsec. (a)(1)(B), (2).
1988—Subsec. (a)(1).
Subsecs. (b), (c).
"(1) the Secretary has notified the appropriate committees of Congress of his intent to acquire such interest, the cost of the interest, and the reasons for acquiring the interest; and
"(2) a period of 21 days has elapsed from the date the notification is received by the committees."
1986—
1985—
1980—
1971—
1962—
Effective Date of 1988 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2672a. Acquisition: interests in land when need is urgent
(a) The Secretary of a military department may acquire any interest in land that—
(1) he or his designee determines is needed in the interest of national defense;
(2) is required to maintain the operational integrity of a military installation; and
(3) considerations of urgency do not permit the delay necessary to include the required acquisition in an annual Military Construction Authorization Act.
(b) Appropriations available for military construction may be used for the purposes of this section. The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise. The Secretary of a military department contemplating action under this section shall provide notice, in writing, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives at least 30 days in advance of any action being taken.
(Added
Amendments
1999—Subsec. (b).
1996—Subsec. (b).
1984—Subsec. (a).
Subsec. (b).
§2673. Acquisition of certain interests in land: availability of funds
Appropriations available to the Department of Defense for maintenance or construction may be used for the acquisition of land or interests in land under
(Added
Historical and Revision Notes
This section and
Prior Provisions
A prior section 2673, added
§2674. Operation and control of Pentagon Reservation and defense facilities in National Capital Region
(a)(1) Jurisdiction, custody, and control over, and responsibility for, the operation, maintenance, and management of the Pentagon Reservation is transferred to the Secretary of Defense.
(2) Before March 1 of each year, the Secretary of Defense shall transmit to the congressional committees specified in paragraph (3) a report on the state of the renovation of the Pentagon Reservation and a plan for the renovation work to be conducted in the fiscal year beginning in the year in which the report is transmitted.
(3) The committees referred to in paragraph (2) are—
(A) the Committee on Armed Services and the Committee on Environment and Public Works of the Senate; and
(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.
(b) The Secretary may appoint military or civilian personnel or contract personnel to perform law enforcement and security functions for property occupied by, or under the jurisdiction, custody, and control of the Department of Defense, and located in the National Capital Region. Such individuals—
(1) may be armed with appropriate firearms required for personal safety and for the proper execution of their duties, whether on Department of Defense property or in travel status; and
(2) shall have the same powers (other than the service of civil process) as sheriffs and constables upon the property referred to in the first sentence to enforce the laws enacted for the protection of persons and property, to prevent breaches of the peace and suppress affrays or unlawful assemblies, and to enforce any rules or regulations with respect to such property prescribed by duly authorized officials.
(c)(1) The Secretary may prescribe such rules and regulations as the Secretary considers appropriate to ensure the safe, efficient, and secure operation of the Pentagon Reservation, including rules and regulations necessary to govern the operation and parking of motor vehicles on the Pentagon Reservation.
(2) Any person who violates a rule or regulation prescribed under this subsection is liable to the United States for a civil penalty of not more than $1,000.
(3) Any person who willfully violates any rule or regulation prescribed pursuant to this subsection commits a Class B misdemeanor.
(d) The Secretary of Defense may establish rates and collect charges for space, services, protection, maintenance, construction, repairs, alterations, or facilities provided at the Pentagon Reservation.
(e)(1) There is established in the Treasury of the United States a revolving fund to be known as the Pentagon Reservation Maintenance Revolving Fund (hereafter in this section referred to as the "Fund"). There shall be deposited into the Fund funds collected by the Secretary for space and services and other items provided an organization or entity using any facility or land on the Pentagon Reservation pursuant to subsection (d).
(2) Monies deposited into the Fund shall be available, without fiscal year limitation, for expenditure for real property management, operation, protection, construction, repair, alteration and related activities for the Pentagon Reservation.
(f) In this section:
(1) The term "Pentagon Reservation" means that area of land (consisting of approximately 280 acres) and improvements thereon, located in Arlington, Virginia, on which the Pentagon Office Building, Federal Building Number 2, the Pentagon heating and sewage treatment plants, and other related facilities are located, including various areas designated for the parking of vehicles.
(2) The term "National Capital Region" means the geographic area located within the boundaries of (A) the District of Columbia, (B) Montgomery and Prince Georges Counties in the State of Maryland, (C) Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia, and (D) all cities and other units of government within the geographic areas of such District, Counties, and City.
(Added
Prior Provisions
A prior section 2674, added
Amendments
1999—Subsec. (a)(3)(B).
1996—
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
1991—Subsec. (b)(2).
Subsec. (c)(3).
§2675. Leases: foreign countries
The Secretary of a military department may acquire by lease in foreign countries structures and real property relating to structures that are needed for military purposes other than for military family housing. A lease under this section may be for a period of up to five years, and the rental for each yearly period may be paid from funds appropriated to that military department for that year.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2675 | 5:171z–3. | Aug. 3, 1956, ch. 939, §417, |
The words "that are not located on a military base" are substituted for the words "off-base".
Amendments
1990—
1984—Subsec. (b).
1982—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
1981—Subsec. (d)(1).
Subsec. (d)(2).
1980—Subsec. (d)(1).
1979—Subsec. (d)(1).
Subsec. (d)(2).
1978—Subsec. (d)(1).
Subsec. (d)(2).
1977—Subsec. (a).
Subsec. (b).
Subsec. (d).
1975—
1970—
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 608 of
Effective Date of 1977 Amendment
Section 505(c) of
Section Referred to in Other Sections
This section is referred to in
§2676. Acquisition: limitation
(a) No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Administrator of General Services to acquire property by the exchange of Government property pursuant to the Federal Property and Administrative Services Act of 1949, as amended (
(b) Authority provided the Secretary of a military department by law to acquire an interest in real property (including a temporary interest) includes authority—
(1) to make surveys; and
(2) to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise.
(c)(1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress.
(2) A land acquisition project may not be placed under contract if, based upon the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land—
(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or
(B) the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land, exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser,
until subsection (d) is complied with.
(d) The limitations on reduction in scope or increase in cost of a land acquisition in subsection (c) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a written notification of the facts relating to the proposed reduced scope or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the appropriate committees of Congress. A contract for the acquisition may then be awarded only after a period of 21 days elapses from the date the notification is received by the committees.
(e) The Secretary concerned shall promptly pay any deficiency judgment against the United States awarded by a court in an action for condemnation of any interest in land or resulting from a final settlement of an action for condemnation of any interest in land. Payments under this subsection may be made from funds available to the Secretary concerned for military construction projects and without regard to the limitations of subsections (c) and (d).
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2676 | [Uncodified]. | July 27, 1954, ch. 579, §501(b) (less provisos), |
The word "property" is substituted for the word "estate". The words "not owned by the United States" are substituted for the words "not in Federal ownership". The words "or shall be" are omitted as surplusage.
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
Amendments
1991—Subsec. (d).
1986—Subsec. (c)(2)(B).
1984—Subsec. (c)(2).
Subsec. (c)(2)(B).
Subsec. (e).
1982—
1973—
Effective Date of 1986 Amendment
Section 1343(a)(17)(B) of
Effective Date of 1982 Amendment
Amendment by
§2677. Options: property required for military construction projects
(a) The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if he considers it suitable and likely to be needed for a military project of his department.
(b) As consideration for an option acquired under subsection (a), the Secretary may pay, from funds available to his department for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.
(c)(1) Before acquiring an option on real property under subsection (a), the Secretary of a military department shall review the most recent inventory of real property assets published by the Resolution Trust Corporation under section 21A(b)(11)(F) of the Federal Home Loan Bank Act (
(2) The requirement for the review referred to in paragraph (1) shall terminate on September 30, 1996.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2677 | [Uncodified]. | July 27, 1954, ch. 579, §501(b) (provisos), |
In subsections (a) and (b), the word "property" is substituted for the word "estate".
In subsection (a), the words "Before acquisition of a parcel of real property is authorized by law" are substituted for the words "prior to such authorization". The word "acquire" is substituted for the word "procure". The words "if he considers * * * likely to be needed" are substituted for the words "which in their judgment is * * * likely to be required". The word "prospective" is omitted as surplusage.
In subsection (b), the words "for each year the option is to continue, and proportionately for any other period" are substituted for the words "per annum" for clarity. The words "not more than 3 percent" are substituted for the words "not in excess of 3 per centum".
Amendments
1993—Subsec. (c)(1).
1991—Subsec. (c).
1984—Subsec. (b).
1982—
Subsec. (b).
Subsec. (c).
1976—Subsec. (c).
1971—Subsec. (b).
1962—Subsec. (a).
Subsec. (b).
Effective Date of 1982 Amendment
Amendment by
§2678. Feral horses and burros: removal from military installations
When feral horses or burros are found on an installation under the jurisdiction of the Secretary of a military department, the Secretary may use helicopters and motorized equipment for their removal.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
A prior section 2678, added
§2679. Representatives of veterans' organizations: use of space and equipment
(a) Upon certification to the Secretary concerned by the Secretary of Veterans Affairs, the Secretary concerned shall allow accredited, paid, full-time representatives of the organizations named in
(b) The commanding officer of each of those military installations shall allow the representatives described in subsection (a) to use available space and equipment at that installation.
(c) The regulations prescribed to carry out this section that are in effect on January 1, 1958, remain in effect until changed by joint action of the Secretary concerned and the Secretary of Veterans Affairs.
(d) This section does not authorize the violation of measures of military security.
(Added
Historical and Revision Notes
The new
Amendments
1994—Subsec. (a).
1989—Subsec. (a).
Subsec. (c).
§2680. Leases: land for special operations activities
(a)
(b)
(2) The Secretary may not acquire more than five leasehold interests in real property under subsection (a) during a fiscal year.
(3) The term of a leasehold interest acquired under this section shall not exceed one year.
(c)
(d)
(e)
(1) identifies each leasehold interest acquired during the previous fiscal year under subsection (a); and
(2) contains a discussion of each project for the construction or modification of facilities carried out pursuant to subsection (c) during such fiscal year.
(Added
Prior Provisions
A prior section 2680, added
Amendments
1999—Subsec. (d).
Subsec. (e).
1996—Subsec. (d).
Subsec. (e).
1993—Subsec. (d).
Reporting Requirement
Section 2863(b) of
§2681. Use of test and evaluation installations by commercial entities
(a)
(b)
(1) to the public health and safety;
(2) to property (either public or private); or
(3) to any national security interest or foreign policy interest of the United States.
(c)
(d)
(e)
(f)
(1) The term "Major Range and Test Facility Installation" means a test and evaluation installation under the jurisdiction of the Department of Defense and designated as a Major Range and Test Facility Installation by the Secretary.
(2) The term "direct costs" includes the cost of—
(A) labor, material, facilities, utilities, equipment, supplies, and any other resources damaged or consumed during test or evaluation activities or maintained for a particular commercial entity; and
(B) construction specifically performed for a commercial entity to conduct test and evaluation activities.
(Added
Prior Provisions
A prior section, added
Amendments
1998—Subsec. (g).
Subsec. (h).
1997—Subsec. (g).
Subsec. (h).
"(h)
§2682. Facilities for defense agencies
The maintenance and repair of a real property facility for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense will be accomplished by or through a military department designated by the Secretary of Defense. A real property facility under the jurisdiction of the Department of Defense which is used by an activity or agency of the Department of Defense (other than a military department) shall be under the jurisdiction of a military department designated by the Secretary of Defense.
(Added
Amendments
1982—
Effective Date of 1982 Amendment
Amendment by
§2683. Relinquishment of legislative jurisdiction; minimum drinking age on military installations
(a) Notwithstanding any other provision of law, the Secretary concerned may, whenever he considers it desirable, relinquish to a State, or to a Commonwealth, territory, or possession of the United States, all or part of the legislative jurisdiction of the United States over lands or interests under his control in that State, Commonwealth, territory, or possession. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor (or, if none exists, with the chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide.
(b) The authority granted by subsection (a) is in addition to and not instead of that granted by any other provision of law.
(c)(1) Except as provided in paragraphs (2) and (3), the Secretary concerned shall establish and enforce as the minimum drinking age on a military installation located in a State the age established by the law of that State as the State minimum drinking age.
(2)(A) In the case of a military installation located—
(i) in more than one State; or
(ii) in one State but within 50 miles of another State or Mexico or Canada,
the Secretary concerned may establish and enforce as the minimum drinking age on that military installation the lowest applicable age.
(B) In subparagraph (A), the term "lowest applicable age" means the lowest minimum drinking age established by the law—
(i) of a State in which a military installation is located; or
(ii) of a State or jurisdiction of Mexico or Canada that is within 50 miles of such military installation.
(3)(A) The commanding officer of a military installation may waive the requirement of paragraph (1) if such commanding officer determines that the exemption is justified by special circumstances.
(B) The Secretary of Defense shall define by regulations what constitute special circumstances for the purposes of this paragraph.
(4) In this subsection:
(A) The term "State" includes the District of Columbia.
(B) The term "minimum drinking age" means the minimum age or ages established for persons who may purchase, possess, or consume alcoholic beverages.
(Added
Amendments
1988—Subsec. (c)(2)(B).
Subsec. (c)(4)(A).
Subsec. (c)(4)(B).
1986—Subsec. (b).
1985—
Subsec. (b).
Subsec. (c).
1974—Subsec. (a).
1972—Subsec. (a).
Effective Date of 1985 Amendment
Section 1224(d) of
Section Referred to in Other Sections
This section is referred to in title 50 App. section 473.
§2684. Cooperative agreements for management of cultural resources
(a)
(b)
(c)
(1) A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 101(a) of the National Historic Preservation Act (
(2) Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act (
(3) An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (
(4) An archaeological artifact collection and associated records covered by
(Added
Prior Provisions
A prior section 2684, added
Amendments
1997—Subsec. (b).
§2685. Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities
(a)
(b)
(c)
(d)
(2) In paragraph (1), the term "construction", with respect to a facility, includes acquisition, conversion, expansion, installation, or other improvement of the facility.
(e)
(1) Sale of recyclable materials.
(2) Sale of excess and surplus property.
(3) License fees.
(4) Royalties.
(5) Fees paid by sources of products in order to obtain favorable display of the products for resale, known as business related management fees.
(Added
Amendments
1997—Subsecs. (a) to (d).
Subsec. (e).
1994—Subsec. (c).
Subsec. (d).
1982—Subsec. (c).
1977—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§2686. Utilities and services: sale; expansion and extension of systems and facilities
(a) Under such regulations and for such periods and at such prices as he may prescribe, the Secretary concerned or his designee may sell or contract to sell to purchasers within or in the immediate vicinity of an activity of the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, any of the following utilities and related services, if it is determined that they are not available from another local source and that the sale is in the interest of national defense or in the public interest:
(1) Electric power.
(2) Steam.
(3) Compressed air.
(4) Water.
(5) Sewage and garbage disposal.
(6) Natural, manufactured, or mixed gas.
(7) Ice.
(8) Mechanical refrigeration.
(9) Telephone service.
(b) Proceeds of sales under subsection (a) shall be credited to the appropriation currently available for the supply of that utility or service.
(c) To meet local needs the Secretary concerned may make minor expansions and extensions of any distributing system or facility within an activity through which a utility or service is furnished under subsection (a).
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2481(a) | 5:626s. 5:626s–1 (less words between semicolon and colon). 10:1269. |
July 30, 1947, ch. 394, |
10:1269a (less words between semicolon and colon). | ||
34:553a. | ||
34:553b (less words between semicolon and colon). | ||
2481(b) | 5:626s–1 (words between semicolon and colon). | |
10:1269a (words between semicolon and colon). | ||
34:553b (words between semicolon and colon). | ||
2481(c) | 5:626s–2. | |
10:1269b. | ||
34:553c. |
In subsection (a), the words "within his establishment", "of time", and the opening clauses of 5:626s–1, 10:1269a, and 34:553b, are omitted as surplusage. The words "not available from another local source" are substituted for the words "not otherwise available from local private or public sources".
In subsection (b), the words "of sales under subsection (a)" are substituted for the words "received for any such utilities and related services sold pursuant to the authority of said sections". The words "or appropriations" are omitted as surplusage.
Prior Provisions
A prior section 2686, added
Amendments
1997—
1959—Subsec. (a).
Subsec. (c).
Cross References
Extension telephones in naval quarters, see
Young Men's Christian Association buildings, heat and light furnished by Secretary of the Navy, see
Section Referred to in Other Sections
This section is referred to in
§2687. Base closures and realignments
(a) Notwithstanding any other provision of law, no action may be taken to effect or implement—
(1) the closure of any military installation at which at least 300 civilian personnel are authorized to be employed;
(2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary's plan to close or realign such installation; or
(3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies,
unless and until the provisions of subsection (b) are complied with.
(b) No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until—
(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification an evaluation of the fiscal, local economic, budgetary, environmental, strategic, and operational consequences of such closure or realignment; and
(2) a period of 30 legislative days or 60 calendar days, whichever is longer, expires following the day on which the notice and evaluation referred to in clause (1) have been submitted to such committees, during which period no irrevocable action may be taken to effect or implement the decision.
(c) This section shall not apply to the closure of a military installation, or a realignment with respect to a military installation, if the President certifies to the Congress that such closure or realignment must be implemented for reasons of national security or a military emergency.
(d)(1) After the expiration of the period of time provided for in subsection (b)(2) with respect to the closure or realignment of a military installation, funds which would otherwise be available to the Secretary to effect the closure or realignment of that installation may be used by him for such purpose.
(2) Nothing in this section restricts the authority of the Secretary to obtain architectural and engineering services under
(e) In this section:
(1) The term "military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
(2) The term "civilian personnel" means direct-hire, permanent civilian employees of the Department of Defense.
(3) The term "realignment" includes any action which both reduces and relocates functions and civilian personnel positions, but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, skill imbalances, or other similar causes.
(4) The term "legislative day" means a day on which either House of Congress is in session.
(Added
Amendments
1999—Subsec. (b)(1).
1996—Subsec. (b)(1).
1990—Subsec. (e)(1).
1987—Subsec. (e).
1985—
1984—Subsec. (a)(2).
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (d)(1)(B).
1982—Subsec. (d)(1).
1978—Subsec. (d)(1)(B).
Effective Date of 1985 Amendment
Section 1202(b) of
Effective Date of 1982 Amendment
Amendment by
Short Title of 1988 Amendment
Effective Date of 1994 Amendments by Section 2813(d)(1) and (2) of Pub. L. 103–337
Effective Date of 1991 Amendments by Section 344 of Pub. L. 102–190
Report on Closure and Realignment of Military Installations
"(a)
"(2) For purposes of this section, the term 'base closure laws' means—
"(A) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(B) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(b)
"(1) A statement, using data consistent with budget data, of the actual costs and savings (to the extent available for prior fiscal years) and the estimated costs and savings (in the case of future fiscal years) attributable to the closure and realignment of military installations as a result of the base closure laws.
"(2) A comparison, set forth by base closure round, of the actual costs and savings stated under paragraph (1) to the estimates of costs and savings submitted to the Defense Base Closure and Realignment Commission as part of the base closure process.
"(3) A comparison, set forth by base closure round, of the actual costs and savings stated under paragraph (1) to the annual estimates of costs and savings previously submitted to Congress.
"(4) A list of each military installation at which there is authorized to be employed 300 or more civilian personnel, set forth by Armed Force.
"(5) An estimate of current excess capacity at military installations, set forth—
"(A) as a percentage of the total capacity of the military installations of the Armed Forces with respect to all military installations of the Armed Forces;
"(B) as a percentage of the total capacity of the military installations of each Armed Force with respect to the military installations of such Armed Force; and
"(C) as a percentage of the total capacity of a type of military installations with respect to military installations of such type.
"(6) An assessment of the effect of the previous base closure rounds on military capabilities and the ability of the Armed Forces to fulfill the National Military Strategy.
"(7) A description of the types of military installations that would be recommended for closure or realignment in the event of one or more additional base closure rounds, set forth by Armed Force.
"(8) The criteria to be used by the Secretary in evaluating military installations for closure or realignment in such event.
"(9) The methodologies to be used by the Secretary in identifying military installations for closure or realignment in such event.
"(10) An estimate of the costs and savings that the Secretary believes will be achieved as a result of the closure or realignment of military installations in such event, set forth by Armed Force and by year.
"(11) An assessment of whether the costs and estimated savings from one or more future rounds of base closures and realignments, currently unauthorized, are already contained in the current Future Years Defense Plan, and, if not, whether the Secretary will recommend modifications in future defense spending in order to accommodate such costs and savings.
"(c)
"(1) Operation and maintenance costs, including costs associated with expanded operations and support, maintenance of property, administrative support, and allowances for housing at military installations to which functions are transferred as a result of the closure or realignment of other installations.
"(2) Military construction costs, including costs associated with rehabilitating, expanding, and constructing facilities to receive personnel and equipment that are transferred to military installations as a result of the closure or realignment of other installations.
"(3) Environmental cleanup costs, including costs associated with assessments and restoration.
"(4) Economic assistance costs, including—
"(A) expenditures on Department of Defense demonstration projects relating to economic assistance;
"(B) expenditures by the Office of Economic Adjustment; and
"(C) to the extent available, expenditures by the Economic Development Administration, the Federal Aviation Administration, and the Department of Labor relating to economic assistance.
"(5) To the extent information is available, unemployment compensation costs, early retirement benefits (including benefits paid under
"(6) Costs associated with military health care.
"(7) Savings attributable to changes in military force structure.
"(8) Savings due to lower support costs with respect to military installations that are closed or realigned.
"(d)
"(e)
"(f)
"(1) the date on which the Secretary submits the report required by subsection (a); and
"(2) the date on which the Congressional Budget Office and the Comptroller General complete a review of the report under subsection (e).
"(g)
"(1) the Secretary should develop a system having the capacity to quantify the actual costs and savings attributable to the closure and realignment of military installations pursuant to the base closure process; and
"(2) the Secretary should develop the system in expedient fashion, so that the system may be used to quantify costs and savings attributable to the 1995 base closure round."
[
Retention of Civilian Employee Positions at Military Training Bases Transferred to National Guard
"(a)
"(b)
"(1) was approved for closure in 1995 under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(2) is scheduled for transfer to National Guard operation and control; and
"(3) will continue to be used, after such transfer, to provide training support to active and reserve components of the Armed Forces.
"(c)
"(d)
"(1) The date of the departure or retirement from that position by the civilian employee initially employed or retained in the position as a result of this section.
"(2) The date on which the Secretary certifies to Congress that the position is no longer required to ensure that effective support is provided at the installation for active and reserve component training."
Use of Funds To Improve Leased Property
Section 2837(b) of
Regulations To Carry Out Section 204(e) of Pub. L. 100–526 and Section 2905(f) of Pub. L. 101–510
Section 2840(c) of
Prohibition on Obligation of Funds for Projects on Installations Cited for Realignment
"(1) was included in the closure and realignment recommendations submitted by the Secretary of Defense to the Base Closure and Realignment Commission on February 28, 1995, unless removed by the Base Closure and Realignment Commission, or
"(2) is included in the closure and realignment recommendation as submitted to Congress in 1995 in accordance with the Defense Base Closure and Realignment Act of 1990, as amended (
Provided, That the prohibition on obligation of funds for projects located on an installation cited for realignment are only to be in effect if the function or activity with which the project is associated will be transferred from the installation as a result of the realignment: Provided further, That this provision will remain in effect unless the Congress enacts a Joint Resolution of Disapproval in accordance with the Defense Base Closure and Realignment Act of 1990, as amended (
Applicability to Installations Approved for Closure Before Enactment of Pub. L. 103–421
"(1)(A) Notwithstanding any provision of the 1988 base closure Act or the 1990 base closure Act, as such provision was in effect on the day before the date of the enactment of this Act [Oct. 25, 1994], and subject to subparagraphs (B) and (C), the use to assist the homeless of building and property at military installations approved for closure under the 1988 base closure Act or the 1990 base closure Act, as the case may be, before such date shall be determined in accordance with the provisions of paragraph (7) of section 2905(b) of the 1990 base closure Act, as amended by subsection (a), in lieu of the provisions of the 1988 base closure Act or the 1990 base closure Act that would otherwise apply to the installations.
"(B)(i) The provisions of such paragraph (7) shall apply to an installation referred to in subparagraph (A) only if the redevelopment authority for the installation submits a request to the Secretary of Defense not later than 60 days after the date of the enactment of this Act.
"(ii) In the case of an installation for which no redevelopment authority exists on the date of the enactment of this Act, the chief executive officer of the State in which the installation is located shall submit the request referred to in clause (i) and act as the redevelopment authority for the installation.
"(C) The provisions of such paragraph (7) shall not apply to any buildings or property at an installation referred to in subparagraph (A) for which the redevelopment authority submits a request referred to in subparagraph (B) within the time specified in such subparagraph (B) if the buildings or property, as the case may be, have been transferred or leased for use to assist the homeless under the 1988 base closure Act or the 1990 base closure Act, as the case may be, before the date of the enactment of this Act.
"(2) For purposes of the application of such paragraph (7) to the buildings and property at an installation, the date on which the Secretary receives a request with respect to the installation under paragraph (1) shall be treated as the date on which the Secretary of Defense completes the final determination referred to in subparagraph (B) of such paragraph (7).
"(3) Upon receipt under paragraph (1)(B) of a timely request with respect to an installation, the Secretary of Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information describing the redevelopment authority for the installation.
"(4)(A) The Secretary of Housing and Urban Development and the Secretary of Health and Human Services shall not, during the 60-day period beginning on the date of the enactment of this Act [Oct. 25, 1994], carry out with respect to any military installation approved for closure under the 1988 base closure Act or the 1990 base closure Act before such date any action required of such Secretaries under the 1988 base closure Act or the 1990 base closure Act, as the case may be, or under section 501 of the Stewart B. McKinney Homeless Assistance Act (
"(B)(i) Upon receipt under paragraph (1)(A) of a timely request with respect to an installation, the Secretary of Defense shall notify the Secretary of Housing and Urban Development and the Secretary of Health and Human Services that the disposal of buildings and property at the installation shall be determined under such paragraph (7) in accordance with this subsection.
"(ii) Upon receipt of a notice with respect to an installation under this subparagraph, the requirements, if any, of the Secretary of Housing and Urban Development and the Secretary of Health and Human Services with respect to the installation under the provisions of law referred to in subparagraph (A) shall terminate.
"(iii) Upon receipt of a notice with respect to an installation under this subparagraph, the Secretary of Health and Human Services shall notify each representative of the homeless that submitted to that Secretary an application to use buildings or property at the installation to assist the homeless under the 1988 base closure Act or the 1990 base closure Act, as the case may be, that the use of buildings and property at the installation to assist the homeless shall be determined under such paragraph (7) in accordance with this subsection.
"(5) In preparing a redevelopment plan for buildings and property at an installation covered by such paragraph (7) by reason of this subsection, the redevelopment authority concerned shall—
"(A) consider and address specifically any applications for use of such buildings and property to assist the homeless that were received by the Secretary of Health and Human Services under the 1988 base closure Act or the 1990 base closure Act, as the case may be, before the date of the enactment of this Act [Oct. 25, 1994] and are pending with that Secretary on that date; and
"(B) in the case of any application by representatives of the homeless that was approved by the Secretary of Health and Human Services before the date of enactment of this Act, ensure that the plan adequately addresses the needs of the homeless identified in the application by providing such representatives of the homeless with—
"(i) properties, on or off the installation, that are substantially equivalent to the properties covered by the application;
"(ii) sufficient funding to secure such substantially equivalent properties;
"(iii) services and activities that meet the needs identified in the application; or
"(iv) a combination of the properties, funding, and services and activities described in clauses (i), (ii), and (iii).
"(6) In the case of an installation to which the provisions of such paragraph (7) apply by reason of this subsection, the date specified by the redevelopment authority for the installation under subparagraph (D) of such paragraph (7) shall be not less than 1 month and not more than 6 months after the date of the submittal of the request with respect to the installation under paragraph (1)(B).
"(7) For purposes of this subsection:
"(A) The term '1988 base closure Act' means title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(B) The term '1990 base closure Act' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
Preference for Local Residents
"(a)
"(b)
"(1) The provisions of title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(2) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(c)
"(d)
Government Rental of Facilities Located on Closed Military Installations
"(a)
"(b)
"(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
Report of Effect of Base Closures on Future Mobilization Options
"(a)
"(b)
Congressional Findings With Respect to Base Closure Community Assistance
"(1) The closure and realignment of military installations within the United States is a necessary consequence of the end of the Cold War and of changed United States national security requirements.
"(2) A military installation is a significant source of employment for many communities, and the closure or realignment of an installation may cause economic hardship for such communities.
"(3) It is in the interest of the United States that the Federal Government facilitate the economic recovery of communities that experience adverse economic circumstances as a result of the closure or realignment of a military installation.
"(4) It is in the interest of the United States that the Federal Government assist communities that experience adverse economic circumstances as a result of the closure of military installations by working with such communities to identify and implement means of reutilizing or redeveloping such installations in a beneficial manner or of otherwise revitalizing such communities and the economies of such communities.
"(5) The Federal Government may best identify and implement such means by requiring that the head of each department or agency of the Federal Government having jurisdiction over a matter arising out of the closure of a military installation under a base closure law, or the reutilization and redevelopment of such an installation, designate for each installation to be closed an individual in such department or agency who shall provide information and assistance to the transition coordinator for the installation designated under section 2915 [set out below] on the assistance, programs, or other activities of such department or agency with respect to the closure or reutilization and redevelopment of the installation.
"(6) The Federal Government may also provide such assistance by accelerating environmental restoration at military installations to be closed, and by closing such installations, in a manner that best ensures the beneficial reutilization and redevelopment of such installations by such communities.
"(7) The Federal Government may best contribute to such reutilization and redevelopment by making available real and personal property at military installations to be closed to communities affected by such closures on a timely basis, and, if appropriate, at less than fair market value."
Consideration of Economic Needs and Cooperation With State and Local Authorities in Disposing of Property
"(c)
"(d)
Regulations To Carry Out Section 204 of Pub. L. 100–526 and Section 2905 of Pub. L. 101–510
Compliance With Certain Environmental Requirements
Preference for Local and Small Businesses in Contracting
"(a)
"(b)
"(1) The term 'small business concern' means a business concern meeting the requirements of section 3 of the Small Business Act (
"(2) The term 'small disadvantaged business concern' means the business concerns referred to in section 8(d)(1) of such Act (
"(3) The term 'base closure law' includes
Transition Coordinators for Assistance to Communities Affected by Closure of Installations
"(a)
"(b)
"(1) Not later than 15 days after the date of approval of closure of the installation.
"(2) In the case of installations approved for closure under a base closure law before the date of the enactment of this Act [Nov. 30, 1993], not later than 15 days after such date of enactment.
"(c)
"(1) encourage, after consultation with officials of Federal and State departments and agencies concerned, the development of strategies for the expeditious environmental cleanup and restoration of the installation by the Department of Defense;
"(2) assist the Secretary of the military department concerned in designating real property at the installation that has the potential for rapid and beneficial reuse or redevelopment in accordance with the redevelopment plan for the installation;
"(3) assist such Secretary in identifying strategies for accelerating completion of environmental cleanup and restoration of the real property designated under paragraph (2);
"(4) assist such Secretary in developing plans for the closure of the installation that take into account the goals set forth in the redevelopment plan for the installation;
"(5) assist such Secretary in developing plans for ensuring that, to the maximum extent practicable, the Department of Defense carries out any activities at the installation after the closure of the installation in a manner that takes into account, and supports, the redevelopment plan for the installation;
"(6) assist the Secretary of Defense in making determinations with respect to the transferability of property at the installation under section 204(b)(5) of the Defense Authorization Amendments and Base Closure and Realignment Act (title II of
"(7) assist the local redevelopment authority with respect to the installation in identifying real property or personal property at the installation that may have significant potential for reuse or redevelopment in accordance with the redevelopment plan for the installation;
"(8) assist the Office of Economic Adjustment of the Department of Defense and other departments and agencies of the Federal Government in coordinating the provision of assistance under transition assistance and transition mitigation programs with community redevelopment activities with respect to the installation;
"(9) assist the Secretary of the military department concerned in identifying property located at the installation that may be leased in a manner consistent with the redevelopment plan for the installation; and
"(10) assist the Secretary of Defense in identifying real property or personal property at the installation that may be utilized to meet the needs of the homeless by consulting with the Secretary of Housing and Urban Development and the local lead agency of the homeless, if any, referred to in section 210(b) of the Stewart B. McKinney Homeless Assistance Act (
Definitions for Subtitle A of Title XXIX of Pub. L. 103–160
"(1) The term 'base closure law' means the following:
"(A) The provisions of title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(2) The term 'date of approval', with respect to a closure or realignment of an installation, means the date on which the authority of Congress to disapprove a recommendation of closure or realignment, as the case may be, of such installation under the applicable base closure law expires.
"(3) The term 'redevelopment authority', in the case of an installation to be closed under a base closure law, means any entity (including an entity established by a State or local government) recognized by the Secretary of Defense as the entity responsible for developing the redevelopment plan with respect to the installation and for directing the implementation of such plan.
"(4) The term 'redevelopment plan', in the case of an installation to be closed under a base closure law, means a plan that—
"(A) is agreed to by the redevelopment authority with respect to the installation; and
"(B) provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse and redevelopment as a result of the closure of the installation."
Limitation on Expenditures From Defense Base Closure Account 1990 for Military Construction in Support of Transfers of Functions
"(a)
"(b)
"(1) identifies the installation to which the function is to be transferred; and
"(2) includes the justification for the transfer to such installation.
"(c)
"(1) The term '1990 base closure Act' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(2) The term 'Defense Base Closure Account 1990' means the account established under section 2906 of the 1990 base closure Act [set out below]."
Sense of Congress on Development of Base Closure Criteria
"(a)
"(b)
"(2) The Secretary shall submit the report upon publication of the amended criteria in accordance with section 2903(b)(2)(B) of the Defense Base Closure and Realignment Act of 1990."
Military Base Closure Report
Indemnification of Transferees of Closing Defense Property
"(a)
"(2) The persons and entities described in this paragraph are the following:
"(A) Any State (including any officer, agent, or employee of the State) that acquires ownership or control of any facility at a military installation (or any portion thereof) described in paragraph (1).
"(B) Any political subdivision of a State (including any officer, agent, or employee of the State) that acquires such ownership or control.
"(C) Any other person or entity that acquires such ownership or control.
"(D) Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C).
"(3) To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply.
"(b)
"(1) notifies the Department of Defense in writing within two years after such claim accrues or begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Department of Defense;
"(2) furnishes to the Department of Defense copies of pertinent papers the entity receives;
"(3) furnishes evidence or proof of any claim, loss, or damage covered by this section; and
"(4) provides, upon request by the Department of Defense, access to the records and personnel of the entity for purposes of defending or settling the claim or action.
"(c)
"(2) In any case described in paragraph (1), if the person to whom the Department of Defense may be required to make indemnification payments does not allow the Secretary to settle or defend the claim, the person may not be afforded indemnification with respect to that claim under this section.
"(d)
"(e)
"(f)
"(1) The terms 'facility', 'hazardous substance', 'release', and 'pollutant or contaminant' have the meanings given such terms under paragraphs (9), (14), (22), and (33) of section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, respectively (
"(2) The term 'military installation' has the meaning given such term under
"(3) The term 'base closure law' means the following:
"(A) The Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of
"(B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act [
"(C)
"(D) Any provision of law authorizing the closure or realignment of a military installation enacted on or after the date of the enactment of this Act [Oct. 23, 1992]."
Demonstration Project for Use of National Relocation Contractor To Assist Department of Defense
"(a)
"(b)
"(1) the program carried out by the Corps of Engineers using its own employees; and
"(2) the use of contracts with local relocation companies at military installations being closed or realigned."
Environmental Restoration Requirements at Military Installations To Be Closed
Withholding Information From Congress or Comptroller General
Consistency in Budget Data
"(a)
"(b)
"(c)
"(2) The Inspector General shall submit to the congressional defense committees a report describing the results of each investigation conducted under paragraph (1)."
Disposition of Facilities of Depository Institutions on Military Installations To Be Closed
"(a)
"(A) conducts business in the facility; and
"(B) constructed or substantially renovated the facility using funds of the depository institution.
"(2) In the case of the conveyance under paragraph (1) of a facility that was not constructed by the depository institution but was substantially renovated by the depository institution, the Secretary shall require the depository institution to pay an amount determined by the Secretary to be equal to the value of the facility in the absence of the renovations.
"(b)
"(c)
"(d)
"(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(3)
"(4) Any other similar law enacted after the date of the enactment of this Act [Dec. 5, 1991].
"(e)
Report on Environmental Restoration Costs for Installations To Be Closed Under 1990 Base Closure Law
Sense of Congress Regarding Joint Resolution of Disapproval of 1991 Base Closure Commission Recommendation
Requirements for Base Closure and Realignment Plans
Defense Base Closure and Realignment Commission
Part A of title XXIX of div. B of
"SEC. 2901. SHORT TITLE AND PURPOSE
"(a)
"(b)
"SEC. 2902. THE COMMISSION
"(a)
"(b)
"(c)
"(B) The President shall transmit to the Senate the nominations for appointment to the Commission—
"(i) by no later than January 3, 1991, in the case of members of the Commission whose terms will expire at the end of the first session of the 102nd Congress;
"(ii) by no later than January 25, 1993, in the case of members of the Commission whose terms will expire at the end of the first session of the 103rd Congress; and
"(iii) by no later than January 3, 1995, in the case of members of the Commission whose terms will expire at the end of the first session of the 104th Congress.
"(C) If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified for 1993 in clause (ii) of subparagraph (B) or for 1995 in clause (iii) of such subparagraph, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated.
"(2) In selecting individuals for nominations for appointments to the Commission, the President should consult with—
"(A) the Speaker of the House of Representatives concerning the appointment of two members;
"(B) the majority leader of the Senate concerning the appointment of two members;
"(C) the minority leader of the House of Representatives concerning the appointment of one member; and
"(D) the minority leader of the Senate concerning the appointment of one member.
"(3) At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission.
"(d)
"(2) The Chairman of the Commission shall serve until the confirmation of a successor.
"(e)
"(2)(A) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public.
"(B) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following:
"(i) The Chairman and the ranking minority party member of the Subcommittee on Readiness, Sustainability, and Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
"(ii) The Chairman and the ranking minority party member of the Subcommittee on Military Installations and Facilities of the Committee on National Security of the House of Representatives [now Committee on Armed Services of the House of Representatives], or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
"(iii) The Chairmen and ranking minority party members of the Subcommittees on Military Construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the Subcommittees designated by such Chairmen or ranking minority party members.
"(f)
"(g)
"(B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under
"(2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with
"(h)
"(2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under
"(i)
"(2) The Director may make such appointments without regard to the provisions of
"(3)(A) Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense.
"(B)(i) Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission.
"(ii) No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency.
"(C) A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations.
"(D) No member of the Armed Forces, and no officer or employee of the Department of Defense, may—
"(i) prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff;
"(ii) review the preparation of such a report; or
"(iii) approve or disapprove such a report.
"(4) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this part.
"(5) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission.
"(6) The following restrictions relating to the personnel of the Commission shall apply during 1992 and 1994:
"(A) There may not be more than 15 persons on the staff at any one time.
"(B) The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year.
"(C) No member of the Armed Forces and no employee of the Department of Defense may serve on the staff.
"(j)
"(2) The Commission may lease space and acquire personal property to the extent funds are available.
"(k)
"(2) If no funds are appropriated to the Commission by the end of the second session of the 101st Congress, the Secretary of Defense may transfer, for fiscal year 1991, to the Commission funds from the Department of Defense Base Closure Account established by section 207 of
"(3)(A) The Secretary may transfer not more than $300,000 from unobligated funds in the account referred to in subparagraph (B) for the purpose of assisting the Commission in carrying out its duties under this part during October, November, and December 1995. Funds transferred under the preceding sentence shall remain available until December 31, 1995.
"(B) The account referred to in subparagraph (A) is the Department of Defense Base Closure Account established under section 207(a) of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(l)
"(m)
"SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND REALIGNMENTS
"(a)
"(2) Such plan shall include, without any reference (directly or indirectly) to military installations inside the United States that may be closed or realigned under such plan—
"(A) a description of the assessment referred to in paragraph (1);
"(B) a description (i) of the anticipated force structure during and at the end of each such period for each military department (with specifications of the number and type of units in the active and reserve forces of each such department), and (ii) of the units that will need to be forward based (with a justification thereof) during and at the end of each such period; and
"(C) a description of the anticipated implementation of such force-structure plan.
"(3) The Secretary shall also transmit a copy of each such force-structure plan to the Commission.
"(b)
"(2)(A) The Secretary shall, by no later than February 15, 1991, publish in the Federal Register and transmit to the congressional defense committees the final criteria to be used in making recommendations for the closure or realignment of military installations inside the United States under this part. Except as provided in subparagraph (B), such criteria shall be the final criteria to be used, along with the force-structure plan referred to in subsection (a), in making such recommendations unless disapproved by a joint resolution of Congress enacted on or before March 15, 1991.
"(B) The Secretary may amend such criteria, but such amendments may not become effective until they have been published in the Federal Register, opened to public comment for at least 30 days, and then transmitted to the congressional defense committees in final form by no later than January 15 of the year concerned. Such amended criteria shall be the final criteria to be used, along with the force-structure plan referred to in subsection (a), in making such recommendations unless disapproved by a joint resolution of Congress enacted on or before February 15 of the year concerned.
"(c)
"(2) The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. The Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days after the date of the transmittal to the congressional defense committees and the Commission of the list referred to in paragraph (1).
"(3)(A) In considering military installations for closure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or realignment by the Department.
"(B) In considering military installations for closure or realignment, the Secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation.
"(C) For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a closure or realignment of a military installation, advance conversion planning—
"(i) shall include community adjustment and economic diversification planning undertaken by the community before an anticipated selection of a military installation in or near the community for closure or realignment; and
"(ii) may include the development of contingency redevelopment plans, plans for economic development and diversification, and plans for the joint use (including civilian and military use, public and private use, civilian dual use, and civilian shared use) of the property or facilities of the installation after the anticipated closure or realignment.
"(4) In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States.
"(5)(A) Each person referred to in subparagraph (B), when submitting information to the Secretary of Defense or the Commission concerning the closure or realignment of a military installation, shall certify that such information is accurate and complete to the best of that person's knowledge and belief.
"(B) Subparagraph (A) applies to the following persons:
"(i) The Secretaries of the military departments.
"(ii) The heads of the Defense Agencies.
"(iii) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realignment of military installations, as designated in regulations which the Secretary of Defense shall prescribe, regulations which the Secretary of each military department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for personnel within that Defense Agency.
"(6) Any information provided to the Commission by a person described in paragraph (5)(B) shall also be submitted to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and House of Representatives within 24 hours after the submission of the information to the Commission.
"(d)
"(2)(A) The Commission shall, by no later than July 1 of each year in which the Secretary transmits recommendations to it pursuant to subsection (c), transmit to the President a report containing the Commission's findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission's recommendations for closures and realignments of military installations inside the United States.
"(B) Subject to subparagraph (C), in making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary deviated substantially from the force-structure plan and final criteria referred to in subsection (c)(1) in making recommendations.
"(C) In the case of a change described in subparagraph (D) in the recommendations made by the Secretary, the Commission may make the change only if the Commission—
"(i) makes the determination required by subparagraph (B);
"(ii) determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (c)(1);
"(iii) publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to paragraph (2); and
"(iv) conducts public hearings on the proposed change.
"(D) Subparagraph (C) shall apply to a change by the Commission in the Secretary's recommendations that would—
"(i) add a military installation to the list of military installations recommended by the Secretary for closure;
"(ii) add a military installation to the list of military installations recommended by the Secretary for realignment; or
"(iii) increase the extent of a realignment of a particular military installation recommended by the Secretary.
"(E) In making recommendations under this paragraph, the Commission may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of a military installation.
"(3) The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (c). The Commission shall transmit a copy of such report to the congressional defense committees on the same date on which it transmits its recommendations to the President under paragraph (2).
"(4) After July 1 of each year in which the Commission transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations.
"(5) The Comptroller General of the United States shall—
"(A) assist the Commission, to the extent requested, in the Commission's review and analysis of the recommendations made by the Secretary pursuant to subsection (c); and
"(B) by no later than April 15 of each year in which the Secretary makes such recommendations, transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary's recommendations and selection process.
"(e)
"(2) If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval.
"(3) If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than August 15 of the year concerned, a revised list of recommendations for the closure and realignment of military installations.
"(4) If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such approval.
"(5) If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by September 1 of any year in which the Commission has transmitted recommendations to the President under this part, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated.
"SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
"(a)
"(1) close all military installations recommended for closure by the Commission in each report transmitted to the Congress by the President pursuant to section 2903(e);
"(2) realign all military installations recommended for realignment by such Commission in each such report;
"(3) initiate all such closures and realignments no later than two years after the date on which the President transmits a report to the Congress pursuant to section 2903(e) containing the recommendations for such closures or realignments; and
"(4) complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(e) containing the recommendations for such closures or realignments.
"(b)
"(A) the end of the 45-day period beginning on the date on which the President transmits such report; or
"(B) the adjournment of Congress sine die for the session during which such report is transmitted.
"(2) For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period.
"SEC. 2905. IMPLEMENTATION
"(a)
"(A) take such actions as may be necessary to close or realign any military installation, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance;
"(B) provide—
"(i) economic adjustment assistance to any community located near a military installation being closed or realigned, and
"(ii) community planning assistance to any community located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installation,
if the Secretary of Defense determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for economic adjustment assistance or community planning assistance;
"(C) carry out activities for the purposes of environmental restoration and mitigation at any such installation, and shall use for such purposes funds in the Account;
"(D) provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and
"(E) reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and available for such purpose.
"(2) In carrying out any closure or realignment under this part, the Secretary shall ensure that environmental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as possible with funds available for such purpose.
"(b)
"(A) the authority of the Administrator to utilize excess property under section 202 of the Federal Property and Administrative Services Act of 1949 (
"(B) the authority of the Administrator to dispose of surplus property under section 203 of that Act (
"(C) the authority to dispose of surplus property for public airports under
"(D) the authority of the Administrator to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 (
"(2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with—
"(i) all regulations governing the utilization of excess property and the disposal of surplus property under the Federal Property and Administrative Services Act of 1949 [
"(ii) all regulations governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (
"(B) The Secretary may, with the concurrence of the Administrator of General Services—
"(i) prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph (1); and
"(ii) issue regulations relating to such policies and methods, which shall supersede the regulations referred to in subparagraph (A) with respect to that authority.
"(C) The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this part, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard.
"(D) Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this part, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned.
"(3)(A) Not later than 6 months after the date of approval of the closure of a military installation under this part, the Secretary, in consultation with the redevelopment authority with respect to the installation, shall—
"(i) inventory the personal property located at the installation; and
"(ii) identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation.
"(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with—
"(i) the local government in whose jurisdiction the installation is wholly located; or
"(ii) a local government agency or State government agency designated for the purpose of such consultation by the chief executive officer of the State in which the installation is located.
"(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier of—
"(I) one week after the date on which the redevelopment plan for the installation is submitted to the Secretary;
"(II) the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan;
"(III) twenty-four months after the date of approval of the closure of the installation; or
"(IV) ninety days before the date of the closure of the installation.
"(ii) The activities referred to in clause (i) are activities relating to the closure of an installation to be closed under this part as follows:
"(I) The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A).
"(II) The reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes.
"(D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property located at an installation to be closed under this part to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation.
"(E) This paragraph shall not apply to any personal property located at an installation to be closed under this part if the property—
"(i) is required for the operation of a unit, function, component, weapon, or weapons system at another installation;
"(ii) is uniquely military in character, and is likely to have no civilian use (other than use for its material content or as a source of commonly used components);
"(iii) is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority);
"(iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or
"(v)(I) meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary, and (II) is the subject of a written request by the head of the department or agency.
"(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States.
"(4)(A) The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this part to the redevelopment authority with respect to the installation for purposes of job generation on the installation.
"(B) The transfer of property of a military installation under subparagraph (A) shall be without consideration if the redevelopment authority with respect to the installation—
"(i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the transfer under subparagraph (A) shall be used to support the economic redevelopment of, or related to, the installation; and
"(ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (
"(C) For purposes of subparagraph (B), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation:
"(i) Road construction.
"(ii) Transportation management facilities.
"(iii) Storm and sanitary sewer construction.
"(iv) Police and fire protection facilities and other public facilities.
"(v) Utility construction.
"(vi) Building rehabilitation.
"(vii) Historic property preservation.
"(viii) Pollution prevention equipment or facilities.
"(ix) Demolition.
"(x) Disposal of hazardous materials generated by demolition.
"(xi) Landscaping, grading, and other site or public improvements.
"(xii) Planning for or the marketing of the development and reuse of the installation.
"(D) The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B).
"(E)(i) The Secretary may transfer real property at an installation approved for closure or realignment under this part (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph.
"(ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned.
"(iii) A lease under clause (i) may not require rental payments by the United States.
"(iv) A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned.
"(F) The transfer of personal property under subparagraph (A) shall not be subject to the provisions of sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (
"(G) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(H)(i) In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into before April 21, 1999, the Secretary may modify the agreement, and in so doing compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States, if—
"(I) the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary;
"(II) the terms of the modification do not require the return of any payments that have been made to the Secretary;
"(III) the terms of the modification do not compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States with respect to in-kind consideration; and
"(IV) the cash consideration to which the United States is entitled under the modified agreement, when combined with the cash consideration to be received by the United States for the disposal of other real property assets on the installation, are as sufficient as they were under the original agreement to fund the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act [
"(ii) When exercising the authority granted by clause (i), the Secretary may waive some or all future payments if, and to the extent that, the Secretary determines such waiver is necessary.
"(iii) With the exception of the requirement that the transfer be without consideration, the requirements of subparagraphs (B), (C), and (D) shall be applicable to any agreement modified pursuant to clause (i).
"(I) In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into during the period beginning on April 21, 1999, and ending on the date of enactment of the National Defense Authorization Act for Fiscal Year 2000 [Oct. 5, 1999], at the request of the redevelopment authority concerned, the Secretary shall modify the agreement to conform to all the requirements of subparagraphs (B), (C), and (D). Such a modification may include the compromise, waiver, adjustment, release, or reduction of any right, title, claim, lien, or demand of the United States under the agreement.
"(J) The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States.
"(5)(A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed under this part, or will accept transfer of any portion of such installation, are made not later than 6 months after the date of approval of closure of that installation.
"(B) The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph (A) with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure of the installation.
"(C)(i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this part as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation.
"(ii) Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility.
"(iii) This subparagraph shall apply during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31, 2001.
"(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the application of the provisions of the Stewart B. McKinney Homeless Assistance Act (
"(B)(i) Not later than the date on which the Secretary of Defense completes the determination under paragraph (5) of the transferability of any portion of an installation to be closed under this part, the Secretary shall—
"(I) complete any determinations or surveys necessary to determine whether any building or property referred to in clause (ii) is excess property, surplus property, or unutilized or underutilized property for the purpose of the information referred to in section 501(a) of such Act (
"(II) submit to the Secretary of Housing and Urban Development information on any building or property that is so determined.
"(ii) The buildings and property referred to in clause (i) are any buildings or property located at an installation referred to in that clause for which no use is identified, or of which no Federal department or agency will accept transfer, pursuant to the determination of transferability referred to in that clause.
"(C) Not later than 60 days after the date on which the Secretary of Defense submits information to the Secretary of Housing and Urban Development under subparagraph (B)(ii), the Secretary of Housing and Urban Development shall—
"(i) identify the buildings and property described in such information that are suitable for use to assist the homeless;
"(ii) notify the Secretary of Defense of the buildings and property that are so identified;
"(iii) publish in the Federal Register a list of the buildings and property that are so identified, including with respect to each building or property the information referred to in section 501(c)(1)(B) of such Act [
"(iv) make available with respect to each building and property the information referred to in section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).
"(D) Any buildings and property included in a list published under subparagraph (C)(iii) shall be treated as property available for application for use to assist the homeless under section 501(d) of such Act.
"(E) The Secretary of Defense shall make available in accordance with section 501(f) of such Act any buildings or property referred to in subparagraph (D) for which—
"(i) a written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act;
"(ii) an application for use of such buildings or property for such purpose is submitted to the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act; and
"(iii) the Secretary of Health and Human Services—
"(I) completes all actions on the application in accordance with section 501(e)(3) of such Act; and
"(II) approves the application under section 501(e) of such Act.
"(F)(i) Subject to clause (ii), a redevelopment authority may express in writing an interest in using buildings and property referred to subparagraph (D), and buildings and property referred to in subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under subparagraph (C), or use such buildings and property, in accordance with the redevelopment plan with respect to the installation at which such buildings and property are located as follows:
"(I) If no written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act during the 60-day period beginning on the date of the publication of the buildings and property under subparagraph (C)(iii).
"(II) In the case of buildings and property for which such notice is so received, if no completed application for use of the buildings or property for such purpose is received by the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act during the 90-day period beginning on the date of the receipt of such notice.
"(III) In the case of buildings and property for which such application is so received, if the Secretary of Health and Human Services rejects the application under section 501(e) of such Act.
"(ii) Buildings and property shall be available only for the purpose of permitting a redevelopment authority to express in writing an interest in the use of such buildings and property, or to use such buildings and property, under clause (i) as follows:
"(I) In the case of buildings and property referred to in clause (i)(I), during the one-year period beginning on the first day after the 60-day period referred to in that clause.
"(II) In the case of buildings and property referred to in clause (i)(II), during the one-year period beginning on the first day after the 90-day period referred to in that clause.
"(III) In the case of buildings and property referred to in clause (i)(III), during the one-year period beginning on the date of the rejection of the application referred to in that clause.
"(iii) A redevelopment authority shall express an interest in the use of buildings and property under this subparagraph by notifying the Secretary of Defense, in writing, of such an interest.
"(G)(i) Buildings and property available for a redevelopment authority under subparagraph (F) shall not be available for use to assist the homeless under section 501 of such Act [
"(ii) If a redevelopment authority does not express an interest in the use of buildings or property, or commence the use of buildings or property, under subparagraph (F) within the applicable time periods specified in clause (ii) of such subparagraph, such buildings or property shall be treated as property available for use to assist the homeless under section 501(a) of such Act.
"(7)(A) The disposal of buildings and property located at installations approved for closure or realignment under this part after October 25, 1994, shall be carried out in accordance with this paragraph rather than paragraph (6).
"(B)(i) Not later than the date on which the Secretary of Defense completes the final determinations referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered by this paragraph, the Secretary shall—
"(I) identify the buildings and property at the installation for which the Department of Defense has a use, for which another department or agency of the Federal Government has identified a use, or of which another department or agency will accept a transfer;
"(II) take such actions as are necessary to identify any building or property at the installation not identified under subclause (I) that is excess property or surplus property;
"(III) submit to the Secretary of Housing and Urban Development and to the redevelopment authority for the installation (or the chief executive officer of the State in which the installation is located if there is no redevelopment authority for the installation at the completion of the determination described in the stem of this sentence) information on any building or property that is identified under subclause (II); and
"(IV) publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause (II).
"(ii) Upon the recognition of a redevelopment authority for an installation covered by this paragraph, the Secretary of Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the redevelopment authority.
"(C)(i) State and local governments, representatives of the homeless, and other interested parties located in the communities in the vicinity of an installation covered by this paragraph shall submit to the redevelopment authority for the installation a notice of the interest, if any, of such governments, representatives, and parties in the buildings or property, or any portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of the government, representative, or party concerned for the buildings or property covered by the notice.
"(ii) The redevelopment authority for an installation shall assist the governments, representatives, and parties referred to in clause (i) in evaluating buildings and property at the installation for purposes of this subparagraph.
"(iii) In providing assistance under clause (ii), a redevelopment authority shall—
"(I) consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and
"(II) undertake outreach efforts to provide information on the buildings and property to representatives of the homeless, and to other persons or entities interested in assisting the homeless, in such communities.
"(iv) It is the sense of Congress that redevelopment authorities should begin to conduct outreach efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of approval of closure of the installation.
"(D)(i) State and local governments, representatives of the homeless, and other interested parties shall submit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date specified for such notice by the redevelopment authority.
"(ii) The date specified under clause (i) shall be—
"(I) in the case of an installation for which a redevelopment authority has been recognized as of the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 months and not later than 6 months after that date; and
"(II) in the case of an installation for which a redevelopment authority is not recognized as of such date, not earlier than 3 months and not later than 6 months after the date of the recognition of a redevelopment authority for the installation.
"(iii) Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall—
"(I) publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned; and
"(II) notify the Secretary of Defense of the date.
"(E)(i) In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use of buildings or property at an installation to assist the homeless, a representative of the homeless shall submit the following:
"(I) A description of the homeless assistance program that the representative proposes to carry out at the installation.
"(II) An assessment of the need for the program.
"(III) A description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation.
"(IV) A description of the buildings and property at the installation that are necessary in order to carry out the program.
"(V) A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program.
"(VI) An assessment of the time required in order to commence carrying out the program.
"(ii) A redevelopment authority may not release to the public any information submitted to the redevelopment authority under clause (i)(V) without the consent of the representative of the homeless concerned unless such release is authorized under Federal law and under the law of the State and communities in which the installation concerned is located.
"(F)(i) The redevelopment authority for each installation covered by this paragraph shall prepare a redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, consider the interests in the use to assist the homeless of the buildings and property at the installation that are expressed in the notices submitted to the redevelopment authority under subparagraph (C).
"(ii)(I) In connection with a redevelopment plan for an installation, a redevelopment authority and representatives of the homeless shall prepare legally binding agreements that provide for the use to assist the homeless of buildings and property, resources, and assistance on or off the installation. The implementation of such agreements shall be contingent upon the decision regarding the disposal of the buildings and property covered by the agreements by the Secretary of Defense under subparagraph (K) or (L).
"(II) Agreements under this clause shall provide for the reversion to the redevelopment authority concerned, or to such other entity or entities as the agreements shall provide, of buildings and property that are made available under this paragraph for use to assist the homeless in the event that such buildings and property cease being used for that purpose.
"(iii) A redevelopment authority shall provide opportunity for public comment on a redevelopment plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and Urban Development under subparagraph (G).
"(iv) A redevelopment authority shall complete preparation of a redevelopment plan for an installation and submit the plan under subparagraph (G) not later than 9 months after the date specified by the redevelopment authority for the installation under subparagraph (D).
"(G)(i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority shall submit an application containing the plan to the Secretary of Defense and to the Secretary of Housing and Urban Development.
"(ii) A redevelopment authority shall include in an application under clause (i) the following:
"(I) A copy of the redevelopment plan, including a summary of any public comments on the plan received by the redevelopment authority under subparagraph (F)(iii).
"(II) A copy of each notice of interest of use of buildings and property to assist the homeless that was submitted to the redevelopment authority under subparagraph (C), together with a description of the manner, if any, in which the plan addresses the interest expressed in each such notice and, if the plan does not address such an interest, an explanation why the plan does not address the interest.
"(III) A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan.
"(IV) A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the redevelopment authority consulted in preparing the plan, and the results of such consultations.
"(V) An assessment of the manner in which the redevelopment plan balances the expressed needs of the homeless and the need of the communities in the vicinity of the installation for economic redevelopment and other development.
"(VI) Copies of the agreements that the redevelopment authority proposes to enter into under subparagraph (F)(ii).
"(H)(i) Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the review is to determine whether the plan, with respect to the expressed interest and requests of representatives of the homeless—
"(I) takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of existing services in such communities to meet the needs of the homeless in such communities, and the suitability of the buildings and property covered by the plan for the use and needs of the homeless in such communities;
"(II) takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation;
"(III) balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities;
"(IV) was developed in consultation with representatives of the homeless and the homeless assistance planning boards, if any, in the communities in the vicinity of the installation; and
"(V) specifies the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes.
"(ii) It is the sense of Congress that the Secretary of Housing and Urban Development shall, in completing the review of a plan under this subparagraph, take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan.
"(iii) The Secretary of Housing and Urban Development may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause (i) with a view toward resolving any preliminary determination of the Secretary that a redevelopment plan does not meet a requirement set forth in that clause. The redevelopment authority may modify the redevelopment plan as a result of such negotiations and consultations.
"(iv) Upon completion of a review of a redevelopment plan under clause (i), the Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under that clause.
"(v) If the Secretary of Housing and Urban Development determines as a result of such a review that a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause (iv) shall include—
"(I) an explanation of that determination; and
"(II) a statement of the actions that the redevelopment authority must undertake in order to address that determination.
"(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the opportunity to—
"(I) revise the plan in order to address the determination; and
"(II) submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban Development.
"(ii) A redevelopment authority shall submit a revised plan under this subparagraph to such Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority receives the notice referred to in clause (i).
"(J)(i) Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the Secretary of Housing and Urban Development shall review the revised plan and determine if the plan meets the requirements set forth in subparagraph (H)(i).
"(ii) The Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under this subparagraph.
"(K)(i) Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property at the installation.
"(ii) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation.
"(iii) The Secretary of Defense shall dispose of buildings and property under clause (i) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (
"(iv) The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration.
"(v) In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 203(k) of the Federal Property and Administrative Services Act of 1949 (
"(L)(i) If the Secretary of Housing and Urban Development determines under subparagraph (J) that a revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall—
"(I) review the original redevelopment plan submitted to that Secretary under subparagraph (G), including the notice or notices of representatives of the homeless referred to in clause (ii)(II) of that subparagraph;
"(II) consult with the representatives referred to in subclause (I), if any, for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless;
"(III) request that each such representative submit to that Secretary the items described in clause (ii); and
"(IV) based on the actions of that Secretary under subclauses (I) and (II), and on any information obtained by that Secretary as a result of such actions, indicate to the Secretary of Defense the buildings and property at the installation that meet the requirements set forth in subparagraph (H)(i).
"(ii) The Secretary of Housing and Urban Development may request under clause (i)(III) that a representative of the homeless submit to that Secretary the following:
"(I) A description of the program of such representative to assist the homeless.
"(II) A description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless.
"(III) Such information as that Secretary requires in order to determine the financial capacity of the representative to carry out the program and to ensure that the program will be carried out in compliance with Federal environmental law and Federal law against discrimination.
"(IV) A certification that police services, fire protection services, and water and sewer services available in the communities in the vicinity of the installation concerned are adequate for the program.
"(iii) Not later than 90 days after the date of the receipt of a revised plan for an installation under subparagraph (J), the Secretary of Housing and Urban Development shall—
"(I) notify the Secretary of Defense and the redevelopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development determines are suitable for use to assist the homeless; and
"(II) notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i).
"(iv)(I) Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall dispose of buildings and property at the installation in consultation with the Secretary of Housing and Urban Development and the redevelopment authority concerned.
"(II) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan submitted by the redevelopment authority for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall incorporate the notification of the Secretary of Housing and Urban Development under clause (iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the Secretary of Defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole, taking into consideration the redevelopment plan submitted by the redevelopment authority.
"(III) The Secretary of Defense shall dispose of buildings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (
"(IV) The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration.
"(V) In the case of a request for a conveyance under subclause (I) of buildings and property for public benefit under section 203(k) of the Federal Property and Administrative Services Act of 1949 (
"(M)(i) In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K) or (L), the redevelopment authority for the installation shall be responsible for the implementation of and compliance with agreements under the redevelopment plan described in that subparagraph for the installation.
"(ii) If a building or property reverts to a redevelopment authority under such an agreement, the redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, the utilization of the building or property by other homeless representatives to assist the homeless. A redevelopment authority may not be required to utilize the building or property to assist the homeless.
"(N) The Secretary of Defense may postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary considers appropriate if the Secretary determines that such postponement is in the interests of the communities affected by the closure of the installation. The Secretary shall make such determinations in consultation with the redevelopment authority concerned and, in the case of deadlines provided for under this paragraph with respect to the Secretary of Housing and Urban Development, in consultation with the Secretary of Housing and Urban Development.
"(O) For purposes of this paragraph, the term 'communities in the vicinity of the installation', in the case of an installation, means the communities that constitute the political jurisdictions (other than the State in which the installation is located) that comprise the redevelopment authority for the installation.
"(P) For purposes of this paragraph, the term 'other interested parties', in the case of an installation, includes any parties eligible for the conveyance of property of the installation under section 203(k) of the Federal Property and Administrative Services Act of 1949 (
"(8)(A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this part, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this part, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense.
"(B) The Secretary may exercise the authority provided under this paragraph without regard to the provisions of
"(C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed.
"(D) The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government.
"(c)
"(2)(A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this part (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated.
"(B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider—
"(i) the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission;
"(ii) the need for transferring functions to any military installation which has been selected as the receiving installation; or
"(iii) military installations alternative to those recommended or selected.
"(3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act.
"(d)
"(1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and
"(2)
"(e)
"(B) The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed under this part that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection.
"(C) The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States.
"(2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that—
"(A) the costs of all environmental restoration, waste management, and environmental compliance activities to be paid by the recipient of the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or
"(B) if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs.
"(3) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement.
"(4) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(5) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (
"(6) The Secretary may not enter into an agreement to transfer property or facilities under this subsection after the expiration of the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993].
"(f)
"(2) A transfer of real property or facilities may be made under paragraph (1) only if—
"(A) the fair market value of the housing units to be received by the Secretary in exchange for the property or facilities to be transferred is equal to or greater than the fair market value of such property or facilities, as determined by the Secretary; or
"(B) in the event the fair market value of the housing units is less than the fair market value of property or facilities to be transferred, the recipient of the property or facilities agrees to pay to the Secretary the amount equal to the excess of the fair market value of the property or facilities over the fair market value of the housing units.
"(3) Notwithstanding paragraph (2) of section 2906(a), the Secretary may deposit funds received under paragraph (2)(B) in the Department of Defense Family Housing Improvement Fund established under
"(4) The Secretary shall submit to the congressional defense committees a report describing each agreement proposed to be entered into under paragraph (1), including the consideration to be received by the United States under the agreement. The Secretary may not enter into the agreement until the end of the 30-day period beginning on the date the congressional defense committees receive the report regarding the agreement.
"(5) The Secretary may require any additional terms and conditions in connection with an agreement authorized by this subsection as the Secretary considers appropriate to protect the interests of the United States.
"(g)
"(A) it is in the best interests of the Federal Government to eliminate or relocate the manufactured housing park; and
"(B) the elimination or relocation of the manufactured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing.
"(2) Any payment made under this subsection shall not exceed 90 percent of the purchase price of the manufactured housing, as paid by the member or any spouse of the member, plus the cost of any permanent improvements subsequently made to the manufactured housing by the member or spouse of the member.
"(3) The Secretary shall dispose of manufactured housing acquired under this subsection through resale, donation, trade or otherwise within one year of acquisition.
"SEC. 2906. ACCOUNT
"(a)
"(2) There shall be deposited into the Account—
"(A) funds authorized for and appropriated to the Account;
"(B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees;
"(C) except as provided in subsection (d), proceeds received from the lease, transfer, or disposal of any property at a military installation closed or realigned under this part; and
"(D) proceeds received after September 30, 1995, from the lease, transfer, or disposal of any property at a military installation closed or realigned under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(3) The Account shall be closed at the time and in the manner provided for appropriation accounts under
"(b)
"(2) When a decision is made to use funds in the Account to carry out a construction project under section 2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify in writing the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to
"(c)
"(B) The report for a fiscal year shall include the following:
"(i) The obligations and expenditures from the Account during the fiscal year, identified by subaccount, for each military department and Defense Agency.
"(ii) The fiscal year in which appropriations for such expenditures were made and the fiscal year in which funds were obligated for such expenditures.
"(iii) Each military construction project for which such obligations and expenditures were made, identified by installation and project title.
"(iv) A description and explanation of the extent, if any, to which expenditures for military construction projects for the fiscal year differed from proposals for projects and funding levels that were included in the justification transmitted to Congress under section 2907(1), or otherwise, for the funding proposals for the Account for such fiscal year, including an explanation of—
"(I) any failure to carry out military construction projects that were so proposed; and
"(II) any expenditures for military construction projects that were not so proposed.
"(2) No later than 60 days after the termination of the authority of the Secretary to carry out a closure or realignment under this part and no later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional defense committees a report containing an accounting of—
"(A) all the funds deposited into and expended from the Account or otherwise expended under this part; and
"(B) any amount remaining in the Account.
"(d)
"(2) The amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary of Defense.
"(3) The Secretary may use amounts in the account (in such an aggregate amount as is provided in advance in appropriation Acts) for the purpose of acquiring, constructing, and improving—
"(A) commissary stores; and
"(B) real property and facilities for nonappropriated fund instrumentalities.
"(4) As used in this subsection:
"(A) The term 'commissary store funds' means funds received from the adjustment of, or surcharge on, selling prices at commissary stores fixed under
"(B) The term 'nonappropriated funds' means funds received from a nonappropriated fund instrumentality.
"(C) The term 'nonappropriated fund instrumentality' means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.
"(e)
"SEC. 2907. REPORTS
"As part of the budget request for fiscal year 1993 and for each fiscal year thereafter for the Department of Defense, the Secretary shall transmit to the congressional defense committees of Congress—
"(1) a schedule of the closure and realignment actions to be carried out under this part in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and realignment and of the time period in which these savings are to be achieved in each case, together with the Secretary's assessment of the environmental effects of such actions; and
"(2) a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures and realignments, together with the Secretary's assessment of the environmental effects of such transfers.
"SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT
"(a)
"(1) which does not have a preamble;
"(2) the matter after the resolving clause of which is as follows: 'That Congress disapproves the recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on ———', the blank space being filled in with the appropriate date; and
"(3) the title of which is as follows: 'Joint resolution disapproving the recommendations of the Defense Base Closure and Realignment Commission.'.
"(b)
"(c)
"(d)
"(2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
"(3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.
"(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.
"(e)
"(A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).
"(B) With respect to a resolution described in subsection (a) of the House receiving the resolution—
"(i) the procedure in that House shall be the same as if no resolution had been received from the other House; but
"(ii) the vote on final passage shall be on the resolution of the other House.
"(2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.
"(f)
"(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and
"(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
"SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY
"(a)
"(b)
"(1) to identify, through any transmittal to the Congress or through any other public announcement or notification, any military installation inside the United States as an installation to be closed or realigned or as an installation under consideration for closure or realignment; or
"(2) to carry out any closure or realignment of a military installation inside the United States.
"(c)
"(1) closures and realignments under title II of
"(2) closures and realignments to which
"SEC. 2910. DEFINITIONS
"As used in this part:
"(1) The term 'Account' means the Department of Defense Base Closure Account 1990 established by section 2906(a)(1).
"(2) The term 'congressional defense committees' means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
"(3) The term 'Commission' means the Commission established by section 2902.
"(4) The term 'military installation' means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works, rivers and harbors projects, flood control, or other projects not under the primary jurisdiction or control of the Department of Defense.
"(5) The term 'realignment' includes any action which both reduces and relocates functions and civilian personnel positions but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, or skill imbalances.
"(6) The term 'Secretary' means the Secretary of Defense.
"(7) The term 'United States' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or possession of the United States.
"(8) The term 'date of approval', with respect to a closure or realignment of an installation, means the date on which the authority of Congress to disapprove a recommendation of closure or realignment, as the case may be, of such installation under this part expires.
"(9) The term 'redevelopment authority', in the case of an installation to be closed under this part, means any entity (including an entity established by a State or local government) recognized by the Secretary of Defense as the entity responsible for developing the redevelopment plan with respect to the installation or for directing the implementation of such plan.
"(10) The term 'redevelopment plan' in the case of an installation to be closed under this part, means a plan that—
"(A) is agreed to by the local redevelopment authority with respect to the installation; and
"(B) provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse and redevelopment as a result of the closure of the installation.
"(11) The term 'representative of the homeless' has the meaning given such term in section 501(i)(4) of the Stewart B. McKinney Homeless Assistance Act (
"SEC. 2911. CLARIFYING AMENDMENT
"[Amended this section.]"
[
[For effective date of amendment by section 2813(d)(2) of
[Section 2902(c) of
[Section 2904(c) of
[Section 2930(b) of
[For effective date of amendments by section 344(b)(1) of
[Section 2821(h)(2) of
[Section 2827(a)(3) of
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Closure of Foreign Military Installations
Similar provisions for specified fiscal years were contained in the following appropriation acts:
Section 2921 of
"(a)
"(1) the termination of military operations by the United States at military installations outside the United States should be accomplished at the discretion of the Secretary of Defense at the earliest opportunity;
"(2) in providing for such termination, the Secretary of Defense should take steps to ensure that the United States receives, through direct payment or otherwise, consideration equal to the fair market value of the improvements made by the United States at facilities that will be released to host countries;
"(3) the Secretary of Defense, acting through the military component commands or the sub-unified commands to the combatant commands, should be the lead official in negotiations relating to determining and receiving such consideration; and
"(4) the determination of the fair market value of such improvements released to host countries in whole or in part by the United States should be handled on a facility-by-facility basis.
"(b)
"(2) For purposes of this section:
"(A) The term 'fair market value of the improvements' means the value of improvements determined by the Secretary on the basis of their highest use.
"(B) The term 'improvements' includes new construction of facilities and all additions, improvements, modifications, or renovations made to existing facilities or to real property, without regard to whether they were carried out with appropriated or nonappropriated funds.
"(c)
"(2) Money deposited in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available to the Secretary of Defense for payment, as provided in appropriation Acts, of costs incurred by the Department of Defense in connection with—
"(A) facility maintenance and repair and environmental restoration at military installations in the United States; and
"(B) facility maintenance and repair and compliance with applicable environmental laws at military installations outside the United States that the Secretary anticipates will be occupied by the Armed Forces for a long period.
"(3) Funds in the Department of Defense Overseas Facility Investment Recovery Account shall remain available until expended.
"(d)
"(2) As used in this subsection:
"(A) The term 'nonappropriated funds' means funds received from—
"(i) the adjustment of, or surcharge on, selling prices at commissary stores fixed under
"(ii) a nonappropriated fund instrumentality.
"(B) The term 'nonappropriated fund instrumentality' means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.
"(e)
"(2) The notice shall contain the following:
"(A) A justification for entering into negotiations for payments-in-kind with the host country.
"(B) The types of benefit options to be pursued by the Secretary in the negotiations.
"(C) A discussion of the adjustments that are intended to be made in the future-years defense program or in the budget of the Department of Defense for the fiscal year in which the notice is submitted or the following fiscal year in order to reflect costs that it may no longer be necessary for the United States to incur as a result of the payments-in-kind to be sought in the negotiations.
"(3) For purposes of this subsection, the appropriate congressional committees are—
"(A) the Committee on Armed Services, the Committee on Appropriations, and the National Security Subcommittee of the Committee on Appropriations of the House of Representatives; and
"(B) the Committee on Armed Services, the Committee on Appropriations, and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
"(f) OMB
"(2) Each year, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on each proposed agreement of settlement that was not submitted by the Secretary to the Director of the Office of Management and Budget in the previous year under paragraph (1) because the value of the improvements to be released pursuant to the proposed agreement did not exceed $10,000,000.
"(g)
"(A) A description of the military construction project or facility improvement project, as the case may be.
"(B) A certification that the project is needed by United States forces.
"(C) An explanation of how the project will aid in the achievement of the mission of those forces.
"(D) A certification that, if the project were to be carried out by the Department of Defense, appropriations would be necessary for the project and it would be necessary to provide for the project in the next future-years defense program.
"(2) Not less than 30 days before concluding an agreement for acceptance of host nation support or host nation payment of operating costs of United States forces as a payment-in-kind, the Secretary of Defense shall submit to Congress a notification on the proposed agreement. Any such notification shall contain the following:
"(A) A description of each activity to be covered by the payment-in-kind.
"(B) A certification that the costs to be covered by the payment-in-kind are included in the budget of one or more of the military departments or that it will otherwise be necessary to provide for payment of such costs in a budget of one or more of the military departments.
"(C) A certification that, unless the payment-in-kind is accepted or funds are appropriated for payment of such costs, the military mission of the United States forces with respect to the host nation concerned will be adversely affected."
[For effective date of amendment by section 344(b)(2) of
Task Force Report
"(a) The environmental response task force established in section 2923(c) of the National Defense Authorization Act for Fiscal Year 1991 (
"(1) monitor the progress of relevant Federal and State agencies in implementing the recommendations of the task force contained in the report submitted under paragraph (1) of such section; and
"(2) annually submit to the Congress a report containing—
"(A) recommendations concerning ways to expedite and improve environmental response actions at military installations (or portions of installations) that are being closed or subject to closure under such title;
"(B) any additional recommendations that the task force considers appropriate; and
"(C) a summary of the progress made by relevant Federal and State agencies in implementing the recommendations of the task force.
"(b) The task force shall consist of—
"(1) the individuals (or their designees) described in section 2923(c)(2) of the National Defense Authorization Act for Fiscal Year 1991 (
"(2) a representative of the Urban Land Institute (or such representative's designee), appointed by the Speaker of the House of Representatives and the Majority Leader of the Senate."
Section 2923(c) of
"(1) Not later than 12 months after the date of the enactment of this Act [Nov. 5, 1990], the Secretary of Defense shall submit to Congress a report containing the findings and recommendations of the task force established under paragraph (2) concerning—
"(A) ways to improve interagency coordination, within existing laws, regulations, and administrative policies, of environmental response actions at military installations (or portions of installations) that are being closed, or are scheduled to be closed, pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(B) ways to consolidate and streamline, within existing laws and regulations, the practices, policies, and administrative procedures of relevant Federal and State agencies with respect to such environmental response actions so as to enable those actions to be carried out more expeditiously.
"(2) There is hereby established an environmental response task force to make the findings and recommendations, and to prepare the report, required by paragraph (1). The task force shall consist of the following (or their designees):
"(A) The Secretary of Defense, who shall be chairman of the task force.
"(B) The Attorney General.
"(C) The Administrator of the General Services Administration.
"(D) The Administrator of the Environmental Protection Agency.
"(E) The Chief of Engineers, Department of the Army.
"(F) A representative of a State environmental protection agency, appointed by the head of the National Governors Association.
"(G) A representative of a State attorney general's office, appointed by the head of the National Association of Attorney Generals.
"(H) A representative of a public-interest environmental organization, appointed by the Speaker of the House of Representatives."
Community Preference Consideration in Closure and Realignment of Military Installations
Section 2924 of
Contracts for Certain Environmental Restoration Activities
Section 2926 of
"(a)
"(b)
"(c)
"(d)
"(1) Designate for the model program two installations under his jurisdiction that have been designated for closure pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (
"(2) Compile a prequalification list of prospective contractors for solicitation and negotiation in accordance with the procedures set forth in title IX of the Federal Property and Administrative Services Act (
"(3) Within 180 days after the date of enactment of this Act [Nov. 5, 1990], solicit proposals from qualified contractors for response action (as defined under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(A) Proposals to perform response action. Such proposals shall include provisions for receiving the necessary authorizations or approvals of the response action by appropriate Federal, State, or local agencies.
"(B) To the maximum extent possible, provisions offered by single prime contractors to perform all phases of the response action, using performance specifications supplied by the Secretary of Defense and including any safeguards the Secretary deems essential to avoid conflict of interest.
"(4) Evaluate bids on the basis of price and other evaluation criteria.
"(5) Subject to the availability of authorized and appropriated funds to the Department of Defense, make contract awards for response action within 120 days after the solicitation of proposals pursuant to paragraph (3) for the response action, or within 120 days after receipt of the necessary authorizations or approvals of the response action by appropriate Federal, State, or local agencies, whichever is later.
"(e)
"(f)
"(g)
"(h)
Consideration of Department of Defense Housing for Coast Guard
Five-Year Plan for Environmental Restoration at Bases To Be Closed
Prohibition on Reducing End Strength Levels for Medical Personnel as a Result of Base Closures and Realignments
"(a)
"(b)
Use of Closed Bases for Prisons and Drug Treatment Facilities
"(a)
"(1) the war on drugs is one of the highest priorities of the Federal Government;
"(2) to effectively wage the war on drugs, adequate penal and correctional facilities and a substantial increase in the number and capacity of drug treatment facilities are needed;
"(3) under the base closure process, authorized by title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(4) facilities rendered excess by the base closure process should be seriously considered for use as prisons and drug treatment facilities, as appropriate.
"(b)
Notice to Local and State Educational Agencies of Enrollment Changes Due to Base Closures and Realignments
"(a)
"(2) The Secretary shall carry out this subsection in consultation with the Secretary of Education.
"(b)
Closure and Realignment of Military Installations
"SEC. 201. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
"The Secretary shall—
"(1) close all military installations recommended for closure by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission;
"(2) realign all military installations recommended for realignment by such Commission in such report; and
"(3) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995, except that no such closure or realignment may be initiated before January 1, 1990.
"SEC. 202. CONDITIONS
"(a)
"(1) no later than January 16, 1989, the Secretary transmits to the Committees on Armed Services of the Senate and the House of Representatives a report containing a statement that the Secretary has approved, and the Department of Defense will implement, all of the military installation closures and realignments recommended by the Commission in the report referred to in section 201(1);
"(2) the Commission has recommended, in the report referred to in section 201(1), the closure or realignment, as the case may be, of the installation, and has transmitted to the Committees on Armed Services of the Senate and the House of Representatives a copy of such report and the statement required by section 203(b)(2); and
"(3) the Secretary of Defense has transmitted to the Commission the study required by section 206(b).
"(b)
"(c)
"(2) The termination of authority set forth in paragraph (1) shall not apply to the authority of the Secretary to carry out environmental restoration and waste management at, or disposal of property of, military installations closed or realigned under this title.
"SEC. 203. THE COMMISSION
"(a)
"(b)
"(1) transmit the report referred to in section 201(1) to the Secretary no later than December 31, 1988, and shall include in such report a description of the Commission's recommendations of the military installations to which functions will be transferred as a result of the closures and realignments recommended by the Commission; and
"(2) on the same date on which the Commission transmits such report to the Secretary, transmit to Committees on Armed Services of the Senate and the House of Representatives—
"(A) a copy of such report; and
"(B) a statement certifying that the Commission has identified the military installations to be closed or realigned by reviewing all military installations inside the United States, including all military installations under construction and all those planned for construction.
"(c)
"SEC. 204. IMPLEMENTATION
"(a)
"(1) subject to the availability of funds authorized for and appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance and the availability of funds in the Account, may carry out actions necessary to implement such closure or realignment, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from such military installation to another military installation;
"(2) subject to the availability of funds authorized for and appropriated to the Department of Defense for economic adjustment assistance or community planning assistance and the availability of funds in the Account, shall provide—
"(A) economic adjustment assistance to any community located near a military installation being closed or realigned; and
"(B) community planning assistance to any community located near a military installation to which functions will be transferred as a result of such closure or realignment,
if the Secretary determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate; and
"(3) subject to the availability of funds authorized for and appropriated to the Department of Defense for environmental restoration and the availability of funds in the Account, may carry out activities for the purpose of environmental restoration, including reducing, removing, and recycling hazardous wastes and removing unsafe buildings and debris.
"(b)
"(A) the authority of the Administrator to utilize excess property under section 202 of the Federal Property and Administrative Services Act of 1949 (
"(B) the authority of the Administrator to dispose of surplus property under section 203 of that Act (
"(C) the authority to dispose of surplus property for public airports under
"(2)(A) Subject to subparagraph (B), the Secretary shall exercise authority delegated to the Secretary pursuant to paragraph (1) in accordance with—
"(i) all regulations in effect on the date of the enactment of this title [Oct. 24, 1988] governing utilization of excess property and disposal of surplus property under the Federal Property and Administrative Services Act of 1949 [see Short Title note set out under
"(ii) all regulations in effect on the date of the enactment of this title governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (
"(B) The Secretary, after consulting with the Administrator of General Services, may issue regulations that are necessary to carry out the delegation of authority required by paragraph (1).
"(C) The authority required to be delegated by paragraph (1) to the Secretary by the Administrator of General Services shall not include the authority to prescribe general policies and methods for utilizing excess property and disposing of surplus property.
"(D) The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this title, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard.
"(E) Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this title, the Secretary shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned.
"(F) The provisions of this paragraph and paragraph (1) are subject to paragraphs (3) through (6).
"(3)(A) Not later than 6 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993], the Secretary, in consultation with the redevelopment authority with respect to each military installation to be closed under this title after such date of enactment, shall—
"(i) inventory the personal property located at the installation; and
"(ii) identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation.
"(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with—
"(i) the local government in whose jurisdiction the installation is wholly located; or
"(ii) a local government agency or State government agency designated for the purpose of such consultation by the chief executive officer of the State in which the installation is located.
"(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier of—
"(I) one week after the date on which the redevelopment plan for the installation is submitted to the Secretary;
"(II) the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan;
"(III) twenty-four months after the date referred to in subparagraph (A); or
"(IV) ninety days before the date of the closure of the installation.
"(ii) The activities referred to in clause (i) are activities relating to the closure of an installation to be closed under this title as follows:
"(I) The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A).
"(II) The reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes.
"(D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property located at an installation to be closed under this title to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation.
"(E) This paragraph shall not apply to any related personal property located at an installation to be closed under this title if the property—
"(i) is required for the operation of a unit, function, component, weapon, or weapons system at another installation;
"(ii) is uniquely military in character, and is likely to have no civilian use (other than use for its material content or as a source of commonly used components);
"(iii) is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority);
"(iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or
"(v)(I) meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary, and (II) is the subject of a written request by the head of the department or agency.
"(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States.
"(4)(A) The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this title to the redevelopment authority with respect to the installation for purposes of job generation on the installation.
"(B) The transfer of property of a military installation under subparagraph (A) shall be without consideration if the redevelopment authority with respect to the installation—
"(i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the transfer under subparagraph (A) shall be used to support the economic redevelopment of, or related to, the installation; and
"(ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (
"(C) For purposes of subparagraph (B), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation:
"(i) Road construction.
"(ii) Transportation management facilities.
"(iii) Storm and sanitary sewer construction.
"(iv) Police and fire protection facilities and other public facilities.
"(v) Utility construction.
"(vi) Building rehabilitation.
"(vii) Historic property preservation.
"(viii) Pollution prevention equipment or facilities.
"(ix) Demolition.
"(x) Disposal of hazardous materials generated by demolition.
"(xi) Landscaping, grading, and other site or public improvements.
"(xii) Planning for or the marketing of the development and reuse of the installation.
"(D) The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B).
"(E) The transfer of personal property under subparagraph (A) shall not be subject to the provisions of sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (
"(F) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(G)(i) In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into before April 21, 1999, the Secretary may modify the agreement, and in so doing compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States, if—
"(I) the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary;
"(II) the terms of the modification do not require the return of any payments that have been made to the Secretary;
"(III) the terms of the modification do not compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States with respect to in-kind consideration; and
"(IV) the cash consideration to which the United States is entitled under the modified agreement, when combined with the cash consideration to be received by the United States for the disposal of other real property assets on the installation, are as sufficient as they were under the original agreement to fund the reserve account established under paragraph (7)(C), with the depreciated value of the investment made with commissary store funds or nonappropriated funds in property disposed of pursuant to the agreement being modified, in accordance with section 2906(d) of the Defense Base Closure and Realignment Act of 1990 [
"(ii) When exercising the authority granted by clause (i), the Secretary may waive some or all future payments if, and to the extent that, the Secretary determines such waiver is necessary.
"(iii) With the exception of the requirement that the transfer be without consideration, the requirements of subparagraphs (B), (C), and (D) shall be applicable to any agreement modified pursuant to clause (i).
"(H) In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into during the period beginning on April 21, 1999, and ending on the date of enactment of the National Defense Authorization Act for Fiscal Year 2000 [Oct. 5, 1999], at the request of the redevelopment authority concerned, the Secretary shall modify the agreement to conform to all the requirements of subparagraphs (B), (C), and (D). Such a modification may include the compromise, waiver, adjustment, release, or reduction of any right, title, claim, lien, or demand of the United States under the agreement.
"(I) The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States.
"(5)(A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed under this title after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993], or will accept transfer of any portion of such installation, are made not later than 6 months after such date of enactment.
"(B) The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph (A) with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure of the installation.
"(C)(i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation.
"(ii) Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility.
"(iii) This subparagraph shall apply during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31, 2001.
"(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the application of the provisions of the Stewart B. McKinney Homeless Assistance Act (
"(B)(i) Not later than the date on which the Secretary of Defense completes the determination under paragraph (5) of the transferability of any portion of an installation to be closed under this title, the Secretary shall—
"(I) complete any determinations or surveys necessary to determine whether any building or property referred to in clause (ii) is excess property, surplus property, or unutilized or underutilized property for the purpose of the information referred to in section 501(a) of such Act (
"(II) submit to the Secretary of Housing and Urban Development information on any building or property that is so determined.
"(ii) The buildings and property referred to in clause (i) are any buildings or property located at an installation referred to in that clause for which no use is identified, or of which no Federal department or agency will accept transfer, pursuant to the determination of transferability referred to in that clause.
"(C) Not later than 60 days after the date on which the Secretary of Defense submits information to the Secretary of Housing and Urban Development under subparagraph (B)(ii), the Secretary of Housing and Urban Development shall—
"(i) identify the buildings and property described in such information that are suitable for use to assist the homeless;
"(ii) notify the Secretary of Defense of the buildings and property that are so identified;
"(iii) publish in the Federal Register a list of the buildings and property that are so identified, including with respect to each building or property the information referred to in section 501(c)(1)(B) of such Act [
"(iv) make available with respect to each building and property the information referred to in section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).
"(D) Any buildings and property included in a list published under subparagraph (C)(iii) shall be treated as property available for application for use to assist the homeless under section 501(d) of such Act.
"(E) The Secretary of Defense shall make available in accordance with section 501(f) of such Act any buildings or property referred to in subparagraph (D) for which—
"(i) a written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act;
"(ii) an application for use of such buildings or property for such purpose is submitted to the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act; and
"(iii) the Secretary of Health and Human Services—
"(I) completes all actions on the application in accordance with section 501(e)(3) of such Act; and
"(II) approves the application under section 501(e) of such Act.
"(F)(i) Subject to clause (ii), a redevelopment authority may express in writing an interest in using buildings and property referred to in subparagraph (D), and buildings and property referred to in subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under subparagraph (C), or use such buildings and property, in accordance with the redevelopment plan with respect to the installation at which such buildings and property are located as follows:
"(I) If no written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act during the 60-day period beginning on the date of the publication of the buildings and property under subparagraph (C)(iii).
"(II) In the case of buildings and property for which such notice is so received, if no completed application for use of the buildings or property for such purpose is received by the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act during the 90-day period beginning on the date of the receipt of such notice.
"(III) In the case of building and property for which such application is so received, if the Secretary of Health and Human Services rejects the application under section 501(e) of such Act.
"(ii) Buildings and property shall be available only for the purpose of permitting a redevelopment authority to express in writing an interest in the use of such buildings and property, or to use such buildings and property, under clause (i) as follows:
"(I) In the case of buildings and property referred to in clause (i)(I), during the one-year period beginning on the first day after the 60-day period referred to in that clause.
"(II) In the case of buildings and property referred to in clause (i)(II), during the one-year period beginning on the first day after the 90-day period referred to in that clause.
"(III) In the case of buildings and property referred to in clause (i)(III), during the one-year period beginning on the date of the rejection of the application referred to in that clause.
"(iii) A redevelopment authority shall express an interest in the use of buildings and property under this subparagraph by notifying the Secretary of Defense, in writing, of such an interest.
"(G)(i) Buildings and property available for a redevelopment authority under subparagraph (F) shall not be available for use to assist the homeless under section 501 of such Act [
"(ii) If a redevelopment authority does not express an interest in the use of buildings or property, or commence the use of buildings or property, under subparagraph (F) within the applicable time periods specified in clause (ii) of such subparagraph, such buildings or property shall be treated as property available for use to assist the homeless under section 501(a) of such Act.
"(7)(A) Except as provided in subparagraph (B) or (C), all proceeds—
"(i) from any transfer under paragraphs (3) through (6); and
"(ii) from the transfer or disposal of any other property or facility made as a result of a closure or realignment under this title,
shall be deposited into the Account established by section 207(a)(1).
"(B) In any case in which the General Services Administration is involved in the management or disposal of such property or facility, the Secretary shall reimburse the Administrator of General Services from the proceeds of such disposal, in accordance with
"(C)(i) If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in a reserve account established in the Treasury to be administered by the Secretary. The Secretary may use amounts in the account (in such an aggregate amount as is provided in advance in appropriation Acts) for the purpose of acquiring, constructing, and improving—
"(I) commissary stores; and
"(II) real property and facilities for nonappropriated fund instrumentalities.
"(ii) The amount deposited under clause (i) shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary of Defense.
"(iii) As used in this subparagraph:
"(I) The term 'commissary store funds' means funds received from the adjustment of, or surcharge on, selling prices at commissary stores fixed under
"(II) The term 'nonappropriated funds' means funds received from a nonappropriated fund instrumentality.
"(III) The term 'nonappropriated fund instrumentality' means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.
"(8)(A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this title, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense.
"(B) The Secretary may exercise the authority provided under this paragraph without regard to the provisions of
"(C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed.
"(D) The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government.
"(c)
"(A) the actions of the Commission, including selecting the military installations which the Commission recommends for closure or realignment under this title, recommending any military installation to receive functions from an installation to be closed or realigned, and making its report to the Secretary and the committees under section 203(b); and
"(B) the actions of the Secretary in establishing the Commission, in determining whether to accept the recommendations of the Commission, in selecting any military installation to receive functions from an installation to be closed or realigned, and in transmitting the report to the Committees referred to in section 202(a)(1).
"(2) The provisions of the National Environmental Policy Act of 1969 shall apply to the actions of the Secretary (A) during the process of the closing or realigning of a military installation after such military installation has been selected for closure or realignment but before the installation is closed or realigned and the functions relocated, and (B) during the process of the relocating of functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. In applying the provisions of such Act, the Secretary shall not have to consider—
"(i) the need for closing or realigning a military installation which has been selected for closure or realignment by the Commission;
"(ii) the need for transferring functions to another military installation which has been selected as the receiving installation; or
"(iii) alternative military installations to those selected.
"(3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), or with respect to any requirement of the Commission made by this title, of any action or failure to act by the Secretary during the closing, realigning, or relocating referred to in clauses (A) and (B) of paragraph (2), or of any action or failure to act by the Commission under this title, may not be brought later than the 60th day after the date of such action or failure to act.
"(d)
"(B) The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed under this title that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection.
"(C) The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States.
"(2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that—
"(A) the costs of all environmental restoration, waste management, and environmental compliance activities to be paid by the recipient of the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or
"(B) if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs.
"(3) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement.
"(4) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(5) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (
"(6) The Secretary may not enter into an agreement to transfer property or facilities under this subsection after the expiration of the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993].
"(e)
"(2) A transfer of real property or facilities may be made under paragraph (1) only if—
"(A) the fair market value of the housing units to be received by the Secretary in exchange for the property or facilities to be transferred is equal to or greater than the fair market value of such property or facilities, as determined by the Secretary; or
"(B) in the event the fair market value of the housing units is less than the fair market value of property or facilities to be transferred, the recipient of the property or facilities agrees to pay to the Secretary the amount equal to the excess of the fair market value of the property or facilities over the fair market value of the housing units.
"(3) Notwithstanding section 207(a)(7), the Secretary may deposit funds received under paragraph (2)(B) in the Department of Defense Family Housing Improvement Fund established under
"(4) The Secretary shall submit to the appropriate committees of Congress a report describing each agreement proposed to be entered into under paragraph (1), including the consideration to be received by the United States under the agreement. The Secretary may not enter into the agreement until the end of the 21-day period beginning on the date the appropriate committees of Congress receive the report regarding the agreement.
"(5) The Secretary may require any additional terms and conditions in connection with an agreement authorized by this subsection as the Secretary considers appropriate to protect the interests of the United States.
"(f)
"(A) it is in the best interests of the Federal Government to eliminate or relocate the manufactured housing park; and
"(B) the elimination or relocation of the manufactured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing.
"(2) Any payment made under this subsection shall not exceed 90 percent of the purchase price of the manufactured housing, as paid by the member or any spouse of the member, plus the cost of any permanent improvements subsequently made to the manufactured housing by the member or spouse of the member.
"(3) The Secretary shall dispose of manufactured housing acquired under this subsection through resale, donation, trade or otherwise within one year of acquisition.
"SEC. 205. WAIVER
"The Secretary may carry out this title without regard to—
"(1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act; and
"(2) the procedures set forth in
"SEC. 206. REPORTS
"(a)
"(1) a schedule of the closure and realignment actions to be carried out under this title in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and realignment and of the time period in which these savings are to be achieved in each case, together with the Secretary's assessment of the environmental effects of such actions; and
"(2) a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures and realignments, together with the Secretary's assessment of the environmental effects of such transfers.
"(b)
"(2) Upon request of the Commission, the Secretary shall provide the Commission with such information about overseas bases as may be helpful to the Commission in its deliberations.
"(3) The Commission, based on its analysis of military installations in the United States and its review of the Secretary's study of the overseas base structure, may provide the Secretary with such comments and suggestions as it considers appropriate regarding the Secretary's study of the overseas base structure.
"SEC. 207. FUNDING
"(a)
"(2) There shall be deposited into the Account—
"(A) funds authorized for and appropriated to the Account with respect to fiscal year 1990 and fiscal years beginning thereafter;
"(B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the appropriate committees of Congress; and
"(C) proceeds described in section 204(b)(4)(A).
"(3)(A) The Secretary may use the funds in the Account only for the purposes described in section 204(a).
"(B) When a decision is made to use funds in the Account to carry out a construction project under section 204(a)(1) and the cost of the project will exceed the maximum amount authorized by law for a minor construction project, the Secretary shall notify in writing the appropriate committees of Congress of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to
"(4) No later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this title, the Secretary shall transmit a report to the appropriate committees of Congress of the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year and of the amount and nature of other expenditures made pursuant to section 204(a) during such fiscal year.
"(5)(A) Except as provided in subparagraph (B), unobligated funds which remain in the Account after the termination of the authority of the Secretary to carry out a closure or realignment under this title shall be held in the Account until transferred by law after the appropriate committees of Congress receive the report transmitted under paragraph (6).
"(B) The Secretary may, after the termination of authority referred to in subparagraph (A), use any unobligated funds referred to in that subparagraph that are not transferred in accordance with that subparagraph to carry out environmental restoration and waste management at, or disposal of property of, military installations closed or realigned under this title.
"(6) No later than 60 days after the termination of the authority of the Secretary to carry out a closure or realignment under this title, the Secretary shall transmit to the appropriate committees of Congress a report containing an accounting of—
"(A) all the funds deposited into and expended from the Account or otherwise expended under this title; and
"(B) any amount remaining in the Account.
"(7) Proceeds received after September 30, 1995, from the lease, transfer, or disposal of any property at a military installation closed or realigned under this title shall be deposited directly into the Department of Defense Base Closure Account 1990 established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(b)
"SEC. 208. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT
"(a)
"(1) which does not have a preamble;
"(2) the matter after the resolving clause of which is as follows: 'That Congress disapproves the recommendations of the Commission on Base Realignment and Closure established by the Secretary of Defense as submitted to the Secretary of Defense on ', the blank space being appropriately filled in; and
"(3) the title of which is as follows: 'Joint resolution disapproving the recommendations of the Commission on Base Realignment and Closure.'.
"(b)
"(c)
"(d)
"(2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
"(3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.
"(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.
"(e)
"(A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).
"(B) With respect to a resolution described in subsection (a) of the House receiving the resolution—
"(i) the procedure in that House shall be the same as if no resolution had been received from the other House; but
"(ii) the vote on final passage shall be on the resolution of the other House.
"(2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.
"(f)
"(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and
"(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
"SEC. 209. DEFINITIONS
"In this title:
"(1) The term 'Account' means the Department of Defense Base Closure Account established by section 207(a)(1).
"(2) The term 'appropriate committees of Congress' means the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives.
"(3) The terms 'Commission on Base Realignment and Closure' and 'Commission' mean the Commission established by the Secretary of Defense in the charter signed by the Secretary on May 3, 1988, and as altered thereafter with respect to the membership and voting.
"(4) The term 'charter establishing such Commission' means the charter referred to in paragraph (3).
"(5) The term 'initiate' includes any action reducing functions or civilian personnel positions but does not include studies, planning, or similar activities carried out before there is a reduction of such functions or positions.
"(6) The term 'military installation' means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Secretary of a military department.
"(7) The term 'realignment' includes any action which both reduces and relocates functions and civilian personnel positions.
"(8) The term 'Secretary' means the Secretary of Defense.
"(9) The term 'United States' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or possession of the United States.
"(10) The term 'redevelopment authority', in the case of an installation to be closed under this title, means any entity (including an entity established by a State or local government) recognized by the Secretary of Defense as the entity responsible for developing the redevelopment plan with respect to the installation or for directing the implementation of such plan.
"(11) The term 'redevelopment plan' in the case of an installation to be closed under this title, means a plan that—
"(A) is agreed to by the redevelopment authority with respect to the installation; and
"(B) provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse or redevelopment as a result of the closure of the installation."
[For effective date of amendment by section 2813(d)(1) of
[For effective date of amendment by section 344(a) of
[Section 2923(b)(2) of
Section Referred to in Other Sections
This section is referred to in
§2688. Utility systems: conveyance authority
(a)
(b)
(c)
(A) a lump sum payment; or
(B) a reduction in charges for utility services provided by the utility or entity concerned to the military installation at which the utility system is located.
(2) If the utility services proposed to be provided as consideration under paragraph (1) are subject to regulation by a Federal or State agency, any reduction in the rate charged for the utility services shall be subject to establishment or approval by that agency.
(3) A contract for the receipt of utility services as consideration under paragraph (1), or any other contract for utility services entered into by the Secretary concerned in connection with the conveyance of a utility system under this section, may be for a period not to exceed 50 years.
(d)
(A) to an appropriation of the military department concerned available for the procurement of the same utility services as are provided by the utility system conveyed under this section;
(B) to an appropriation of the military department available for carrying out energy savings projects or water conservation projects; or
(C) to an appropriation of the military department available for improvements to other utility systems.
(2) Amounts so credited shall be merged with funds in the appropriation to which credited and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriation with which merged.
(e)
(1) the Secretary submits to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives an economic analysis (based upon accepted life-cycle costing procedures approved by the Secretary of Defense) demonstrating that—
(A) the long-term economic benefit of the conveyance to the United States exceeds the long-term economic cost of the conveyance to the United States; and
(B) the conveyance will reduce the long-term costs of the United States for utility services provided by the utility system concerned; and
(2) a period of 21 days has elapsed after the date on which the economic analysis is received by the committees.
(f)
(g)
(i) 1
(A) A system for the generation and supply of electric power.
(B) A system for the treatment or supply of water.
(C) A system for the collection or treatment of wastewater.
(D) A system for the generation or supply of steam, hot water, and chilled water.
(E) A system for the supply of natural gas.
(F) A system for the transmission of telecommunications.
(2) The term "utility system" includes the following:
(A) Equipment, fixtures, structures, and other improvements utilized in connection with a system referred to in paragraph (1).
(B) Real property, easements, and rights-of-way associated with a system referred to in that paragraph.
(j) 2
(Added
Prior Provisions
A prior section 2688, added
Amendments
1999—Subsec. (c)(3).
Subsec. (e)(1).
Subsec. (g).
Subsec. (g)(2)(B).
Subsecs. (h) to (j).
1 So in original. Probably should be "(h)".
2 So in original. Probably should be "(i)".
§2689. Development of geothermal energy on military lands
The Secretary of a military department may develop, or authorize the development of, any geothermal energy resource within lands under the Secretary's jurisdiction, including public lands, for the use or benefit of the Department of Defense if that development is in the public interest, as determined by the Secretary concerned, and will not deter commercial development and use of other portions of such resource if offered for leasing.
(Added
Effective Date
Section effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2690. Fuel sources for heating systems; prohibition on converting certain heating facilities
(a)(1) The Secretary of the military department concerned shall provide that the primary fuel source to be used in any new heating system constructed on lands under the jurisdiction of the military department is the most cost effective fuel for that heating system over the life cycle of the system.
(2) The Secretary of Defense shall prescribe regulations for the determination of the life-cycle cost effectiveness of a fuel for the purposes of paragraph (1).
(b) The Secretary of a military department may not convert a heating facility at a United States military installation in Europe from a coal-fired facility to an oil-fired facility, or to any other energy source facility, unless the Secretary determines that the conversion—
(1) is required by the government of the country in which the facility is located; or
(2) is cost-effective over the life cycle of the facility.
(Added
Amendments
1997—Subsec. (b).
"(1) determines that the conversion (A) is required by the government of the country in which the facility is located, or (B) is cost effective over the life cycle of the facility; and
"(2) submits to Congress notification of the proposed conversion and a period of 30 days has elapsed following the date on which Congress receives the notice."
1986—
"(a) Except as provided in subsection (b), a new heating system that requires a heat input rate of fifty million British thermal units per hour or more and that uses oil or gas (or a derivative of oil or gas) as fuel may not be constructed on lands under the jurisdiction of a military department.
"(b) The Secretary of the military department concerned may waive the provisions of subsection (a) in rare and unusual cases, but such a waiver may not become effective until after the Secretary has notified the appropriate committees of Congress in writing of the waiver.
"(c) The Secretary of the military department concerned may not provide service for a new heating system in increments in order to avoid the prohibition contained in subsection (a)."
Effective Date
Section effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of
§2691. Restoration of land used by permit or lease
(a) The Secretary of the military department concerned may remove improvements and take any other action necessary in the judgment of the Secretary to restore land used by that military department by permit or lease from another military department or Federal agency if the restoration is required by the permit or lease making that land available to the military department. The Secretary concerned may carry out this section using funds available for operations and maintenance or for military construction.
(b) Unless otherwise prohibited by law or the terms of the permit or lease, before restoration of any land under subsection (a) is begun, the Secretary concerned shall determine, under the provisions of the Federal Property and Administrative Services Act of 1949 (
(c)(1) As a condition of any lease, permit, license, or other grant of access entered into by the Secretary of a military department with another Federal agency authorizing the agency to use lands under the control of the Secretary, the Secretary may require the agency to agree to remove any improvements and to take any other action necessary in the judgment of the Secretary to restore the land used by the agency to its condition before its use by the agency.
(2) In lieu of performing any removal or restoration work under paragraph (1), a Federal agency may elect, with the consent of the Secretary, to reimburse the Secretary for the costs incurred by the military department in performing such removal or restoration work.
(Added
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b), is act June 30, 1949, ch. 288,
Amendments
1998—
Subsec. (c).
1985—
§2692. Storage, treatment, and disposal of nondefense toxic and hazardous materials
(a)(1) Except as otherwise provided in this section, the Secretary of Defense may not permit the use of an installation of the Department of Defense for the storage, treatment, or disposal of any material that is a toxic or hazardous material and that is not owned either by the Department of Defense or by a member of the armed forces (or a dependent of the member) assigned to or provided military housing on the installation.
(2) The Secretary of Defense shall define by regulation what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(b) Subsection (a) does not apply to the following:
(1) The storage, treatment, or disposal of materials that will be or have been used in connection with an activity of the Department of Defense or in connection with a service to be performed on an installation of the Department for the benefit of the Department.
(2) The storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services.
(3) The temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal, State, or local law enforcement in storing or disposing of explosives when no alternative solution is available, if such storage or disposal is made in accordance with an agreement between the Secretary of Defense and the head of the Federal, State, or local agency concerned.
(4) The temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities.
(5) The disposal of excess explosives produced under a Department of Defense contract, if the head of the military department concerned determines, in each case, that an alternative feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements.
(6) The temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy.
(7) The storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable Department of Defense regulations.
(8) The temporary storage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency.
(9) The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of the Department of Defense, including the use of such a facility for testing materiel 1 or training personnel.
(10) The treatment and disposal of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the authorized and compatible use of a facility of that military department and the Secretary enters into a contract or agreement with the prospective user that—
(A) is consistent with the best interest of national defense and environmental security; and
(B) provides for the prospective user's continued financial and environmental responsibility and liability with regard to the material.
(11) The storage of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated in connection with the use of a space launch facility located on an installation of the Department of Defense or on other land controlled by the United States.
(c) The Secretary of Defense may grant exceptions to subsection (a) when essential to protect the health and safety of the public from imminent danger if the Secretary otherwise determines the exception is essential and if the storage or disposal authorized does not compete with private enterprise.
(d)(1) The Secretary may assess a charge for any storage or disposal provided under this section. Any such charge shall be on a reimbursable cost basis.
(2) In the case of storage under this section authorized because of an imminent danger, the storage provided shall be temporary and shall cease once the imminent danger no longer exists. In all other cases of storage or disposal authorized under this section, the storage or disposal authorized shall be terminated as determined by the Secretary.
(Added
Amendments
1999—Subsec. (b).
1997—
Subsec. (a)(1).
Subsec. (b)(1), (2).
Subsec. (b)(3).
Subsec. (b)(4) to (8).
Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(11).
1994—Subsec. (b)(9).
1992—Subsec. (b)(8).
Savings Provision
Section 343(h) of
1 So in original. Probably should be "material".
§2693. Conveyance of certain property
(a) Except as provided in subsection (b), before any real property or facility of the United States that is under the jurisdiction of any department, agency, or instrumentality of the Department of Defense is determined to be excess to the needs of such department, agency, or instrumentality, the Secretary shall—
(1) provide adequate notification of the availability of such real property or facility within the Department of Defense;
(2) if the real property or facility remains available after such notification, notify the Attorney General of its availability; and
(3) if the Attorney General certifies that a determination has been made by the Director of the Bureau of Justice Assistance within the Department of Justice to utilize the real property or facility under the correctional options program carried out under section 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, convey the real property or facility, without reimbursement, to the public agencies referred to in section 515(a)(1) or 515(a)(3) of title I of such Act for such utilization.
(b) The provisions of this section shall not apply—
(1) to real property and facilities to which title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(2) during any portion of a fiscal year after four conveyances have been made under this section in such fiscal year.
(Added
References in Text
Section 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a)(3), is classified to
The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (b)(1), is
Prior Provisions
A prior section 2693 was renumbered
§2694. Conservation and cultural activities
(a)
(b)
(A) that has regional or Department of Defense-wide significance and that involves more than one military department;
(B) that is necessary to meet legal requirements or to support military operations;
(C) that can be more effectively managed at the Department of Defense level; and
(D) for which no executive agency has been designated responsible by the Secretary.
(2) Such activities include the following:
(A) The development of ecosystem-wide land management plans.
(B) The conduct of wildlife studies to ensure the safety of military operations.
(C) The identification and return of Native American human remains and cultural items in the possession or control of the Department of Defense, or discovered on land under the jurisdiction of the Department, to the appropriate Native American tribes.
(D) The control of invasive species that may hinder military activities or degrade military training ranges.
(E) The establishment of a regional curation system for artifacts found on military installations.
(c)
(d)
(Added
Amendments
1997—Subsec. (b)(1)(D).
Effective Date
Section 332(b) of
§2695. Acceptance of funds to cover administrative expenses relating to certain real property transactions
(a)
(b)
(1) The exchange of real property.
(2) The grant of an easement over, in, or upon real property of the United States.
(3) The lease or license of real property of the United States.
(4) The disposal of real property of the United States for which the Secretary will be the disposal agent.
(c)
(Added
Amendments
1999—Subsec. (b).
§2696. Screening of real property for further Federal use before conveyance
(a)
(b)
(A) the name of the Federal agency requesting transfer of the property;
(B) the proposed use to be made of the property by the Federal agency; and
(C) the fair market value of the property, including any improvements thereon, as estimated by the Administrator.
(2) If the Administrator fails to complete the screening and notify the Secretary concerned within such period, the Secretary concerned shall proceed with the conveyance of the real property as provided in the provision of law authorizing or requiring the conveyance.
(c)
(d)
(e)
(1)
(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(3) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(4) Any provision of law authorizing the closure or realignment of a military installation that is enacted after November 18, 1997.
(5) Title II of the Federal Property and Administrative Services Act of 1949 (
(6) Any specific provision of law authorizing or requiring the transfer of administrative jurisdiction over a parcel of real property between Federal agencies.
(Added
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsecs. (a) and (e)(5), is act June 30, 1949, ch. 288,
Amendments
1999—Subsec. (a).
Subsec. (b)(1).
Subsec. (e)(4).
Effective Date
Section 2814(b) of
Section Referred to in Other Sections
This section is referred to in
CHAPTER 160 —ENVIRONMENTAL RESTORATION
Amendments
1999—
1996—
1991—
1989—
Chapter Referred to in Other Sections
This chapter is referred to in
§2701. Environmental restoration program
(a)
(1)
(2)
(3)
(4)
(b)
(1) The identification, investigation, research and development, and cleanup of contamination from hazardous substances, pollutants, and contaminants.
(2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment.
(3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary.
(c)
(1)
(A) Each facility or site owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the Secretary.
(B) Each facility or site which was under the jurisdiction of the Secretary and owned by, leased to, or otherwise possessed by the United States at the time of actions leading to contamination by hazardous substances.
(C) Each vessel owned or operated by the Department of Defense.
(2)
(3)
(d)
(1)
(2)
(3)
(e)
(f)
(g)
(h)
(i)
(1)
(2)
(3)
(4)
(j)
(2) Subsections (h) and (i) shall not apply to bonds to which section 119(g) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(Added
References in Text
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsecs. (a)(2), (c)(1), (2), and (e), is
The Miller Act, referred to in subsec. (i)(1), is act Aug. 24, 1935, ch. 642,
Act of April 29, 1941, referred to in subsec. (i)(1), is act Apr. 29, 1941, ch. 81,
Prior Provisions
Provisions similar to those in subsecs. (f) and (g) of this section were contained in
A prior section 2701 was renumbered
Amendments
1996—Subsec. (d).
"(1)
"(2)
Subsec. (i)(1).
1994—Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (j)(1).
1993—Subsec. (j)(2).
1992—Subsec. (j).
1991—Subsecs. (h) to (j).
1990—Subsecs. (f), (g).
Effective Date of 1996 Amendment
Section 1504(a) of
For effective date and applicability of amendment by section 4321(b)(22) of
Formerly Utilized Sites Remedial Action Program
"(a) The Secretary of the Army, acting through the Chief of Engineers, in carrying out the program known as the Formerly Utilized Sites Remedial Action Program, shall undertake the following functions and activities to be performed at eligible sites where remediation has not been completed:
"(1) Sampling and assessment of contaminated areas.
"(2) Characterization of site conditions.
"(3) Determination of the nature and extent of contamination.
"(4) Selection of the necessary and appropriate response actions as the lead Federal agency.
"(5) Cleanup and closeout of sites.
"(6) Any other functions and activities determined by the Secretary of the Army, acting through the Chief of Engineers, as necessary for carrying out that program, including the acquisition of real estate interests where necessary, which may be transferred upon completion of remediation to the administrative jurisdiction of the Secretary of Energy.
"(b) Any response action under that program by the Secretary of the Army, acting through the Chief of Engineers, shall be subject to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(c) Any sums recovered under CERCLA or other authority from a liable party, contractor, insurer, surety, or other person for any expenditures by the Army Corps of Engineers or the Department of Energy for response actions under that program shall be credited to the amounts made available to carry out that program and shall be available until expended for costs of response actions for any eligible site.
"(d) The Secretary of Energy may exercise the authority under section 168 of the Atomic Energy Act of 1954 (
"(e) This section does not alter, curtail, or limit the authorities, functions, or responsibilities of other agencies under CERCLA or, except as stated in this section, under the Atomic Energy Act of 1954 (
"(f) This section shall apply to fiscal year 2000 and each succeeding fiscal year."
Settlement of Claims of Foreign Governments for Environmental Cleanup of Overseas Sites Formerly Used by Department of Defense
"(a)
"(b)
Recovery and Sharing of Costs of Environmental Restoration at Department of Defense Sites
"(a)
"(b)
"(2) The Secretary shall take appropriate actions to ensure the implementation of the guidelines.
"(c)
"(1) obtain all data that is relevant for purposes of cost-recovery and cost-sharing activities; and
"(2) identify any negligence or other misconduct that may preclude indemnification or reimbursement by the Department of Defense for the costs of environmental restoration at a Department site or justify the recovery or sharing of costs associated with such restoration.
"(d)
"(1) the recovery of the costs of environmental restoration at Department of Defense sites from contractors of the Department and other private parties that contribute to environmental contamination at such sites; and
"(2) the sharing of the costs of such restoration with such contractors and parties."
Pilot Program for Sale of Air Pollution Emission Reduction Incentives
"(a)
"(2) The Secretary may not carry out the pilot program after September 30, 2001.
"(b)
"(2) The Secretary may not, under the pilot program, sell economic incentives attributable to the closure or realignment of a military installation under a base closure law.
"(3) If the Secretary determines that additional sales of economic incentives are likely to result in amounts available for allocation under subsection (c)(2) in a fiscal year in excess of the limitation set forth in subparagraph (B) of that subsection, the Secretary shall not carry out such additional sales in that fiscal year.
"(c)
"(2)(A)(i) If after crediting under paragraph (1) a balance remains, the amount of such balance shall be available to the Department of Defense for allocation by the Secretary to the military departments for programs, projects, and activities necessary for compliance with Federal environmental laws, including the purchase of economic incentives for the reduction of emission of air pollutants.
"(ii) To the extent practicable, amounts allocated to the military departments under this subparagraph shall be made available to the facilities that generated the economic incentives providing the basis for the amounts.
"(B) The total amount allocated under this paragraph in a fiscal year from sales of economic incentives may not equal or exceed $500,000.
"(3) If after crediting under paragraph (1) a balance remains in excess of an amount equal to the limitation set forth in paragraph (2)(B), the amount of the excess shall be covered over into the Treasury as miscellaneous receipts.
"(4) Funds credited under paragraph (1) or allocated under paragraph (2) shall be merged with the funds to which credited or allocated, as the case may be, and shall be available for the same purposes and for the same period as the funds with which merged.
"(d)
"(1) The term 'base closure law' means the following:
"(A)
"(B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(C) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(2) The term 'economic incentives for the reduction of emission of air pollutants' means any transferable economic incentives (including marketable permits and emission rights) necessary or appropriate to meet air quality requirements under the Clean Air Act (
Authority To Develop and Implement Land Use Plans for Defense Environmental Restoration Program
Section 325 of
"(a)
"(b)
"(c)
"(d) 50-
"(e)
"(f)
"(g)
"(h)
"(i)
"(2) Nothing in this section may be construed to affect statutory requirements for an environmental restoration or waste management activity or project or to modify or otherwise affect applicable statutory or regulatory environmental restoration and waste management requirements, including substantive standards intended to protect public health and the environment, nor shall anything in this section be construed to preempt or impair any local land use planning or zoning authority or State authority."
Fiscal Year 1996 Restrictions on Reimbursements Under Agreements for Services of Other Agencies
Section 321(a)(2) of
"(A) Except as provided in subparagraph (B), the total amount of funds available for reimbursements under agreements entered into under
"(B) The Secretary of Defense may pay in fiscal year 1996 an amount for reimbursements under agreements referred to in subparagraph (A) in excess of the amount specified in that subparagraph for that fiscal year if—
"(i) the Secretary certifies to Congress that the payment of the amount under this subparagraph is essential for the management of the Defense Environmental Restoration Program under
"(ii) a period of 60 days has expired after the date on which the certification is received by Congress."
Environmental Education and Training Program for Defense Personnel
Section 328 of
"(a)
"(b)
Grants to Institutions of Higher Education To Provide Education and Training in Environmental Restoration to Dislocated Defense Workers and Young Adults
"(a)
"(2) A grant provided under this subsection may cover a period of not more than three fiscal years, except that the payments under the grant for the second and third fiscal year shall be subject to the approval of the Secretary and to the availability of appropriations to carry out this section in that fiscal year.
"(b)
"(1) An assurance by the institution of higher education that it will use the grant to supplement and not supplant non-Federal funds that would otherwise be available for the education and training activities funded by the grant.
"(2) A proposal by the institution of higher education to provide expertise, training, and education in hazardous materials and waste management and other environmental fields applicable to defense manufacturing sites and Department of Defense and Department of Energy defense facilities.
"(c)
"(2) The entities referred to in paragraph (1) are the following:
"(A) Appropriate State and local agencies.
"(B) Private industry councils as described in section 102 of the Job Training Partnership Act [
"(C) Community-based organizations (as defined in section 4(5) of such Act (
"(D) Businesses.
"(E) Organized labor.
"(F) Other appropriate educational institutions.
"(d)
"(1) individuals who have been terminated or laid off from employment (or have received notice of termination or lay off) as a consequence of reductions in expenditures by the United States for defense, the cancellation, termination, or completion of a defense contract, or the closure or realignment of a military installation under a base closure law, as determined in accordance with regulations prescribed by the Secretary; or
"(2) individuals who have attained the age of 16 but not the age of 25.
"(e)
"(1) The institution of higher education shall establish and provide a work-based learning system consisting of education and training in environmental restoration—
"(A) which may include basic educational courses, on-site basic skills training, and mentor assistance to individuals described in subsection (d) who are participating in the program; and
"(B) which may lead to the awarding of a certificate or degree at the institution of higher education.
"(2) The institution of higher education shall undertake outreach and recruitment efforts to encourage participation by eligible individuals in the education and training program.
"(3) The institution of higher education shall select participants for the education and training program from among eligible individuals described in paragraph (1) or (2) of subsection (d).
"(4) To the extent practicable, in the selection of young adults described in subsection (d)(2) to participate in the education and training program, the institution of higher education shall give priority to those young adults who—
"(A) have not attended and are otherwise unlikely to be able to attend an institution of higher education; or
"(B) have, or are members of families who have, received a total family income that, in relation to family size, is not in excess of the higher of—
"(i) the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (
"(ii) 70 percent of the lower living standard income level.
"(5) To the extent practicable, the institution of higher education shall select instructors for the education and training program from institutions of higher education, appropriate community programs, and industry and labor.
"(6) To the extent practicable, the institution of higher education shall consult with appropriate Federal, State, and local agencies carrying out environmental restoration programs for the purpose of achieving coordination between such programs and the education and training program conducted by the consortium.
"(f)
"(g)
"(h)
"(A) a description and evaluation of the education and training program established by the consortium formed by the institution under subsection (c); and
"(B) such other information as the Secretary may reasonably require.
"(2) Not later than 18 months after the date of the enactment of this Act [Nov. 30, 1993], the Secretary shall submit to the President and Congress an interim report containing—
"(A) a compilation of the information contained in the reports received by the Secretary from each institution of higher education under paragraph (1); and
"(B) an evaluation of the effectiveness of the demonstration grant program authorized by this section.
"(3) Not later than January 1, 1997, the Secretary shall submit to the President and Congress a final report containing—
"(A) a compilation of the information described in the interim report; and
"(B) a final evaluation of the effectiveness of the demonstration grant program authorized by this section, including a recommendation as to the feasibility of continuing the program.
"(i)
"(1)
"(A) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(C)
"(D) Any other similar law enacted after the date of the enactment of this Act [Nov. 30, 1993].
"(2)
"(3)
"(4)
"(j)
[
Environmental Education Opportunities Program
"(a)
"(b)
"(A) site remediation;
"(B) site characterization;
"(C) hazardous waste management;
"(D) hazardous waste reduction;
"(E) recycling;
"(F) process and materials engineering;
"(G) training for positions related to environmental engineering, environmental sciences, or environmental project management (including training for management positions); and
"(H) environmental engineering with respect to the construction of facilities to address the items described in subparagraphs (A) through (G).
"(2) The program established under subsection (a) shall be limited to educational training or activities designed to enable individuals to achieve specialization in the following fields:
"(A) Earth sciences.
"(B) Chemistry.
"(C) Chemical Engineering.
"(D) Environmental engineering.
"(E) Statistics.
"(F) Toxicology.
"(G) Industrial hygiene.
"(H) Health physics.
"(I) Environmental project management.
"(c)
"(d)
"(1) Any member of the Armed Forces who—
"(A) was on active duty or full-time National Guard duty on September 30, 1990;
"(B) during the 5-year period beginning on that date—
"(i) is involuntarily separated (as defined in
"(ii) is separated from active duty or full-time National Guard duty pursuant to a special separation benefits program under
"(C) is not entitled to retired or retainer pay incident to that separation.
"(2) Any civilian employee of the Department of Energy or the Department of Defense (other than an employee referred to in paragraph (3)) who—
"(A) is terminated or laid off from such employment during the five-year period beginning on September 30, 1990, as a result of reductions in defense-related spending (as determined by the appropriate Secretary); and
"(B) is not entitled to retired or retainer pay incident to that termination or lay off.
"(3) Any civilian employee of the Department of Defense whose employment at a military installation approved for closure or realignment under a base closure law is terminated as a result of such closure or realignment.
"(e)
"(B) In awarding a scholarship under this section, the Secretary shall—
"(i) take into consideration the extent to which the qualifications and experience of the individual applying for the scholarship prepared such individual for the educational training or activities to be undertaken; and
"(ii) award a scholarship only to an eligible individual who has been accepted for enrollment in the institution of higher education described in subsection (c) and providing the educational training or activities for which the scholarship assistance is sought.
"(2) The Secretary of Defense shall determine the amount of the scholarships awarded under this section, except that the amount of scholarship assistance awarded to any individual under this section may not exceed—
"(A) $10,000 in any 12-month period; and
"(B) a total of $20,000.
"(f)
"(2) A member of the Armed Forces described in subsection (d)(1) who desires to apply for a scholarship under this section shall submit an application under this subsection not later than 180 days after the date of the separation of the member. In the case of members described in subsection (d)(1) who were separated before the date of the enactment of this Act [Nov. 30, 1993], the Secretary shall accept applications from these members submitted during the 180-day period beginning on the date of the enactment of this Act.
"(3) A civilian employee described in paragraph (2) or (3) of subsection (d) who desires to apply for a scholarship under this section, but who receives no prior notice of such termination or lay off, may submit an application under this subsection at any time after such termination or lay off. A civilian employee described in paragraph (1) or (2) of subsection (d) who receives a notice of termination or lay off shall submit an application not later than 180 days before the effective date of the termination or lay off. In the case of employees described in such paragraphs who were terminated or laid off before the date of the enactment of this Act [Nov. 30, 1993], the Secretary shall accept applications from these employees submitted during the 180-day period beginning on the date of the enactment of this Act.
"(g)
"(2) If an individual fails to pay to the United States the total amount required pursuant to paragraph (1), including the interest, at the rate prescribed in paragraph (4), the unpaid amount shall be recoverable by the United States from the individual or such individual's estate by—
"(A) in the case of an individual who is an employee of the United States, set off against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the United States; and
"(B) such other method as is provided by law for the recovery of amounts owing to the United States.
"(3) The Secretary of Defense may waive in whole or in part a required repayment under this subsection if the Secretary determines that the recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
"(4) The total amount of scholarship assistance provided to an individual under this section, for purposes of repayment under this subsection, shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (
"(h)
"(i)
"(j)
"(2) The cost of carrying out the program authorized by subsection (a) may not exceed $8,000,000 in any fiscal year.
"(k)
"(1) The term 'base closure law' means the following:
"(A) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(2) The term 'hazardous substance research centers' means the hazardous substance research centers described in section 311(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(3) The term 'institution of higher education' has the same meaning given such term in section 101 of the Higher Education Act of 1965 [
Training and Employment of Department of Defense Employees To Carry Out Environmental Restoration at Military Installations To Be Closed
"(a)
"(b)
"(1) employ such employees to carry out environmental assessment, remediation, and restoration activities at military installations referred to in subsection (a); or
"(2) require, as a condition of a contract for the private performance of such activities at such an installation, the contractor to be engaged in carrying out such activities to employ such employees.
"(c)
"(d)
"(e)
Cooperative Agreements and Grants To Implement Legacy Resource Management Program
Pilot Program for Expedited Environmental Response Actions
Section 323 of
"(a)
"(1) military installations scheduled for closure under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(2) military installations scheduled for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(3) facilities for which the Secretary is responsible under the Defense Environmental Restoration Program established under
"(b)
"(A) 2 military installations referred to in subsection (a)(1);
"(B) 4 military installations referred to in subsection (a)(2), consisting of—
"(i) 2 military installations scheduled for closure as of the date of the enactment of this Act [Oct. 23, 1992]; and
"(ii) 2 military installations included in the list transmitted by the Secretary no later than April 15, 1993, pursuant to section 2903(c)(1) of the Defense Base Closure and Realignment Act of 1990 [
"(C) not less than 4 facilities referred to in subsection (a)(3) with respect to each military department.
"(2)(A) Except as provided in subparagraph (B), the selections under paragraph (1) shall be made not later than 60 days after the date of the enactment of this Act.
"(B) The selections under paragraph (1) of military installations described in subparagraph (B)(ii) of such paragraph shall be made not later than 60 days after the date on which the deadline (set forth in section 2904(b) of such Act) for enacting a joint resolution of disapproval with respect to the report transmitted by the President has passed.
"(3) The installations and facilities selected under paragraph (1) shall be representative of—
"(A) a variety of the environmental restoration activities required for facilities under the Defense Environmental Restoration Program and for military installations scheduled for closure under the Defense Authorization Amendments and Base Closure and Realignment Act (
"(B) the different sizes of such environmental restoration activities to provide, to the maximum extent practicable, opportunities for the full range of business sizes to enter into environmental restoration contracts with the Department of Defense and with prime contractors to perform activities under the pilot program.
"(c)
"(1) the development and use of innovative contracting techniques;
"(2) the use of all reasonable and appropriate methods to expedite necessary Federal and State administrative decisions, agreements, and concurrences; and
"(3) the use (including any necessary request for the use) of existing authorities to ensure that environmental restoration activities under the pilot program are conducted expeditiously, with particular emphasis on activities that may be conducted in advance of any final plan for environmental restoration.
"(d)
"(1) Activities of the pilot program shall be carried out subject to and in accordance with all applicable Federal and State laws and regulations.
"(2) Competitive procedures shall be used to select the contractors.
"(3) The experience and ability of the contractors shall be considered, in addition to cost, as a factor to be evaluated in the selection of the contractors.
"(e)
Overseas Environmental Restoration
Section 324 of
"(a)
"(b)
Environmental Scholarship and Fellowship Programs for Department of Defense
Section 4451 of
"(a)
"(b)
"(1) be accepted for enrollment or be currently enrolled as a full-time student at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 [
"(2) be pursuing a program of education that leads to an appropriate higher education degree in engineering, biology, chemistry, or another qualifying field related to environmental activities, as determined by the Secretary;
"(3) sign an agreement described in subsection (c);
"(4) be a citizen or national of the United States or be an alien lawfully admitted to the United States for permanent residence; and
"(5) meet any other requirements prescribed by the Secretary.
"(c)
"(1) The agreement of the Secretary to provide the individual with educational assistance for a specified number of school years (not to exceed 5 years) during which the individual is pursuing a course of education in a qualifying field. The assistance may include payment of tuition, fees, books, laboratory expenses, and (in the case of a fellowship) a stipend.
"(2) The agreement of the individual to perform the following:
"(A) Accept such educational assistance.
"(B) Maintain enrollment and attendance in the educational program until completed.
"(C) Maintain, while enrolled in the educational program, satisfactory academic progress as prescribed by the institution of higher education in which the individual is enrolled.
"(D) Serve, upon completion of the educational program and selection by the Secretary under subsection (e), as a full-time employee in an environmental restoration or other environmental position in the Department of Defense for the applicable period of service specified in subsection (d).
"(d)
"(1) For an individual who completes a bachelor's degree under a scholarship program established under subsection (a), a period of 12 months for each school year or part thereof for which the individual is provided a scholarship under the program.
"(2) For an individual who completes a master's degree or other post-graduate degree under a fellowship program established under subsection (a), a period of 24 months for each school year or part thereof for which the individual is provided a fellowship under the program.
"(e)
"(f)
"(A) the individual does not complete the educational program as agreed to pursuant to subsection (c)(2)(B), or is selected by the Secretary under subsection (e) but declines to serve, or fails to complete the service, in a position in the Department of Defense as agreed to pursuant to subsection (c)(2)(D); or
"(B) the individual is involuntarily separated for cause from the Department of Defense before the end of the period for which the individual has agreed to continue in the service of the Department of Defense.
"(2) If an individual fails to fulfill the agreement of the individual to pay to the United States the total amount of educational assistance provided under a program established under subsection (a), plus interest at the rate prescribed in paragraph (4), a sum equal to the amount of the educational assistance (plus such interest, if applicable) shall be recoverable by the United States from the individual or his estate by—
"(A) in the case of an individual who is an employee of the Department of Defense or other Federal agency, set off against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the United States; and
"(B) such other method provided by law for the recovery of amounts owing to the United States.
"(3) The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
"(4) The total amount of educational assistance provided to an individual under a program established under subsection (a) shall, for purposes of repayment under this section, bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (
"(g)
"(1) individuals who are, or have been, employed by the Department of Defense or its contractors and subcontractors who have been engaged in defense-related activities; and
"(2) individuals who are or have been members of the Armed Forces.
"(h)
"(i)
"(j)
"(k)
"(1) $7,000,000 shall be available to carry out the scholarship and fellowship programs established in subsection (a); and
"(2) $3,000,000 shall be available to provide training to Department of Defense personnel to obtain the skills required to comply with existing environmental statutory and regulatory requirements."
Grants to Institutions of Higher Education To Provide Training in Environmental Restoration and Hazardous Waste Management
Section 4452 of
Policies and Report on Overseas Environmental Compliance
Section 342(b) of
"(1) The Secretary of Defense shall develop a policy for determining applicable environmental requirements for military installations located outside the United States. In developing the policy, the Secretary shall ensure that the policy gives consideration to adequately protecting the health and safety of military and civilian personnel assigned to such installations.
"(2) The Secretary of Defense shall develop a policy for determining the responsibilities of the Department of Defense with respect to cleaning up environmental contamination that may be present at military installations located outside the United States. In developing the policy, the Secretary shall take into account applicable international agreements (such as Status of Forces agreements), multinational or joint use and operation of such installations, relative share of the collective defense burden, and negotiated accommodations.
"(3) The Secretary of Defense shall develop a policy and strategy to ensure adequate oversight of compliance with applicable environmental requirements and responsibilities of the Department of Defense determined under the policies developed under paragraphs (1) and (2). In developing the policy, the Secretary shall consider using the Inspector General of the Department of Defense to ensure active and forceful oversight.
"(4) At the same time the President submits to Congress his budget for fiscal year 1993 pursuant to
"(5) For purposes of this subsection, the term 'military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department which is located outside the United States and outside any territory, commonwealth, or possession of the United States."
Environmental Education Program for Department of Defense Personnel
Section 344 of
Use of Ozone Depleting Substances Within Department of Defense
Section 325 of
"(a)
"(1) determine the quantity of each class I substance that—
"(A) is held in the inventory of each military department and Defense Agency on December 31, 1992;
"(B) will be used by each military department and Defense Agency during 1992; and
"(C) will be used by each military department and Defense Agency in each of 1993, 1994, and 1995;
"(2) determine the quantity of each class I substance in the inventory of the military departments and Defense Agencies in each of 1993, 1994, and 1995 that can be reclaimed or recycled and reused by the military departments and Defense Agencies;
"(3) determine the type and quantity of class I substances whose use will be critical to the missions of the military departments and Defense Agencies after 1995;
"(4) determine the type and quantity of class I substances that must be stockpiled after 1995 in order to ensure the availability of such substances, including the availability of used, reclaimed, or recycled class I substances for the missions referred to in paragraph (3);
"(5) review the plans, if any, to reclaim, recycle, reuse, and maintain the stockpile referred to in paragraph (4); and
"(6) identify each specific site, facility, or vessel in connection with which the Secretary of Defense will seek an exemption pursuant to section 604(f) of the Clean Air Act (
"(b)
"(1) determine the quantity of each class II substance that—
"(A) is held in the inventory of each military department and Defense Agency on December 31, 1992;
"(B) will be used by each military department and Defense Agency during 1992; and
"(C) will be used by each military department and Defense Agency in each of 1993, 1994, and 1995; and
"(2) determine the quantity of each class II substance in the inventory of the military departments and Defense Agencies in each of 1993, 1994, and 1995 that can be reclaimed or recycled and reused by the military departments and Defense Agencies.
"(c)
"(2) The Director of the Defense Logistics Agency shall submit to the congressional defense committees a report on the status of the evaluation required under subsection (b) not later than October 1, 1993.
"(d)
"(1) The term 'class I substance' means any substance listed under section 602(a) of the Clean Air Act (
"(2) The term 'class II substance' means any substance listed under section 602(b) of the Clean Air Act (
Section 345 of
"(a)
"(2) Within 120 days after the date of the enactment of this Act [Nov. 5, 1990], the Secretary shall provide the Committee with a list of all military specifications, standards, and other requirements that specify the use of methyl chloroform, HCFCs, or carbon tetrachloride.
"(3) Within 150 days after the date of the enactment of this Act, the Secretary shall provide the Committee with a list of all military specifications, standards, and other requirements that do not specify use of methyl chloroform, HCFCs, or carbon tetrachloride but cannot be met without the use of one or more of such substances.
"(b)
"(c)
"(d)
Requirement for Development of Environmental Data Base
"(a)
"(b)
Funding for Waste Minimization Programs for Certain Industrial-Type Activities of Department of Defense
"(a)
"(b)
"(c)
"(d)
"(1) Operating expenses (including salaries).
"(2) Equipment purchase expenses.
"(3) Facility modification expenses.
"(4) Process change expenses.
"(5) Product substitution expenses.
"(6) Military construction expenses.
"(7) Research, development, test, and evaluation expenses.
"(8) Expenses for the lease of equipment or facilities.
"(e)
"(1) the project will result in a reduction of solid or hazardous waste disposed of, or hazardous materials used by, the activity; or
"(2) the project will eliminate or reduce the likelihood of harm to human health or the environment."
Use of Chlorofluorocarbons and Halons in Department of Defense
"(a)
"(b)
"(2) Before the report required under paragraph (1) is submitted to the committees named in such paragraph, the Secretary shall transmit a copy of the report to the Administrator of the Environmental Protection Agency for comment.
"(c)
"(2) It shall be the function of the Committee to study (A) the use of CFCs by the Department of Defense and by contractors in the performance of contracts for the Department of Defense, and (B) the cost and feasibility of using alternative compounds for CFCs or using alternative technologies that do not require the use of CFCs.
"(3) Within 120 days after the date of the enactment of this Act, the Secretary shall provide the Committee with a list of all military specifications, standards, and other requirements that specify the use of CFCs.
"(4) Within 150 days after the date of the enactment of this Act, the Secretary shall provide the Committee with a list of all military specifications, standards, and other requirements that do not specify use of CFCs but cannot be met without the use of CFCs.
"(d)
"(1) identify cases in which the Committee found that substitutes for CFCs could be made most expeditiously;
"(2) identify the feasibility and cost of substituting compounds or technologies for CFC uses referred to in subsection (c)(3) and estimate the time necessary for completing the substitution;
"(3) identify CFC uses referred to in subsection (c)(4) for which substitutes are not currently available and indicate the reasons substitutes are not available;
"(4) describe the types of research programs that should be undertaken to identify substitute compounds or technologies for CFC uses referred to in paragraphs (3) and (4) of subsection (c) and estimate the cost of the program;
"(5) recommend procedures to expedite the use of substitute compounds and technologies offered by contractors to replace CFC uses;
"(6) estimate the earliest date on which CFCs will no longer be required for military applications; and
"(7) estimate the cost of revising military specifications for the use of substitutes for CFCs, the additional costs resulting from modification of Department of Defense contracts to provide for the use of substitutes for CFCs, and the cost of purchasing new equipment and reverification necessitated by the use of substitutes for CFCs."
Report on Environmental Requirements and Priorities
Study of Waste Recycling
"(a)
"(1) Current practices and future plans for managing postconsumer waste at facilities of the Department of Defense at which such waste is generated, including commissary and exchange stores, cafeterias, and mess halls.
"(2) The feasibility of such Department of Defense facilities participating in programs at military installations or in local communities to recycle the postconsumer waste generated at the facilities.
"(b)
"(c)
Use of Department of Defense Appropriations for Removal of Unsafe Buildings or Debris
§2702. Research, development, and demonstration program
(a)
(1) Means of reducing the quantities of hazardous waste generated by activities and facilities under the jurisdiction of the Secretary.
(2) Methods of treatment, disposal, and management (including recycling and detoxifying) of hazardous waste of the types and quantities generated by current and former activities of the Secretary and facilities currently and formerly under the jurisdiction of the Secretary.
(3) Identifying more cost-effective technologies for cleanup of hazardous substances.
(4) Toxicological data collection and methodology on risk of exposure to hazardous waste generated by the Department of Defense.
(5) The testing, evaluation, and field demonstration of any innovative technology, processes, equipment, or related training devices which may contribute to establishment of new methods to control, contain, and treat hazardous substances, to be carried out in consultation and cooperation with, and to the extent possible in the same manner and standards as, testing, evaluation, and field demonstration carried out by the Administrator, acting through the office of technology demonstration of the Environmental Protection Agency.
(b)
(c)
(d)
(1)
(2)
(Added
References in Text
Section 311(a)(5) of CERCLA, referred to in subsec. (a), is classified to
Partnerships for Investment in Innovative Environmental Technologies
"(a)
"(b)
"(1) any private entities participating in the partnership are selected through the use of competitive procedures;
"(2) the partnership provides for parties other than the Department of Defense to provide at least 50 percent of the funding required (not including in-kind contributions or preexisting investments); and
"(3) the Secretary determines that—
"(A) the technology has clear potential to be of significant value to the Department of Defense in its environmental remediation activities at a substantial number of Department of Defense sites; and
"(B) the technology would not be developed without the commitment of Department of Defense funds.
"(c)
"(1) The potential for the technology to be used by the Department of Defense for environmental remediation.
"(2) The technical feasibility and maturity of the technology.
"(3) The adequacy of financial and management plans to demonstrate and validate the technology.
"(4) The costs and benefits to the Department of Defense of developing and using the technology.
"(5) The potential for commercialization of the technology.
"(6) The proposed arrangements for sharing the costs of the partnership through the use of resources outside the Department of Defense.
"(d)
"(e)
"(1) The number of such partnerships.
"(2) A description of the nature of the technology involved in each such partnership.
"(3) A list of all partners in such partnerships.
"(f)
"(g)
"(h)
Agreements for Services of Other Agencies in Support of Environmental Technology Certification
"(a)
"(b)
"(1) that the technology has clear potential to be of significant value to the Department of Defense; and
"(2) that there is no reasonably available market in the private sector for the technology without a certification by the Department of Defense, the Environmental Protection Agency, or a State environmental agency.
"(c)
"(1) Data collection and analysis.
"(2) Technical assistance in conducting a demonstration of an environmental technology, including the implementation of quality assurance and quality control programs.
"(d)
"(1) The number of such agreements.
"(2) The number of States in which such agreements have been entered into.
"(3) A description of the nature of the technology involved in each such agreement.
"(4) The amount of funds obligated or expended by the Department of Defense for each such agreement during the year covered by the report.
"(5) A statement of the funding that will be required to meet commitments made to State and local governments and Indian tribes under such agreements entered into during the fiscal year preceding the fiscal year in which the report is submitted.
"(6) A description of any cost-sharing arrangement under any such agreements.
"(e)
"(f)
[
§2703. Environmental restoration accounts
(a)
(1) An account to be known as the "Environmental Restoration Account, Defense".
(2) An account to be known as the "Environmental Restoration Account, Army".
(3) An account to be known as the "Environmental Restoration Account, Navy".
(4) An account to be known as the "Environmental Restoration Account, Air Force".
(b)
(c)
(d)
(1) Amounts recovered under CERCLA for response actions.
(2) Any other amounts recovered from a contractor, insurer, surety, or other person to reimburse the Department of Defense or a military department for any expenditure for environmental response activities.
(e)
(Added
References in Text
CERCLA, referred to in subsec. (d)(1), means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
Amendments
1999—Subsec. (c).
Subsec. (e).
1996—
Subsec. (e).
"(e)
"(1) Amounts recovered under CERCLA for response actions of the Secretary.
"(2) Any other amounts recovered by the Secretary or the Secretary of the military department concerned from a contractor, insurer, surety, or other person to reimburse the Department of Defense for any expenditure for environmental response activities." for
"(e)
1994—Subsec. (f).
Effective Date of 1996 Amendment
Section 322(e) of
"(1) October 1, 1996; or
"(2) the date of the enactment of this Act [Sept. 23, 1996]."
Effective Date
Section 211(c) of
References to Defense Environmental Restoration Account
Section 322(b) of
Unobligated Balances in Defense Environmental Restoration Account
Section 322(d) of
Section Referred to in Other Sections
This section is referred to in
§2704. Commonly found unregulated hazardous substances
(a)
(1)
(2)
(A) for which no standard, requirement, criteria, or limitation is in effect under the Toxic Substances Control Act, the Safe Drinking Water Act, the Clean Air Act, or the Clean Water Act; and
(B) for which no water quality criteria are in effect under any provision of the Clean Water Act.
(b)
(1) The examination, summary, and interpretation of available toxicological information and epidemiologic evaluations on a hazardous substance in order to ascertain the levels of significant human exposure for the substance and the associated acute, subacute, and chronic health effects.
(2) A determination of whether adequate information on the health effects of each substance is available or in the process of development to determine levels of exposure which present a significant risk to human health of acute, subacute, and chronic health effects.
(3) Where appropriate, toxicological testing directed toward determining the maximum exposure level of a hazardous substance that is safe for humans.
(c)
(d)
(1)
(A) for which no advisory exists;
(B) which is found to threaten drinking water; and
(C) which is emanating from a facility under the jurisdiction of the Secretary.
(2)
(3)
(e)
(f)
(Added
References in Text
The Toxic Substances Control Act, referred to in subsec. (a)(2)(A), is
The Safe Drinking Water Act, referred to in subsec. (a)(2)(A), is title XIV of act July 1, 1944, as added Dec. 16, 1974,
The Clean Air Act, referred to in subsec. (a)(2)(A), is act July 14, 1955, ch. 360,
The Clean Water Act, referred to in subsec. (a)(2), is act June 30, 1948, ch. 758, as amended generally by
Section 104(i) of CERCLA, referred to in subsecs. (c), (e), and (f), is classified to
Amendments
1991—Subsec. (f).
§2705. Notice of environmental restoration activities
(a)
(1) The discovery of releases or threatened releases of hazardous substances at the facility.
(2) The extent of the threat to public health and the environment which may be associated with any such release or threatened release.
(3) Proposals made by the Secretary to carry out response actions with respect to any such release or threatened release.
(4) The initiation of any response action with respect to such release or threatened release and the commencement of each distinct phase of such activities.
(b)
(1)
(2)
(c)
(d)
(2)(A) The Secretary shall prescribe regulations regarding the establishment, characteristics, composition, and funding of restoration advisory boards pursuant to this subsection.
(B) The issuance of regulations under subparagraph (A) shall not be a precondition to the establishment of restoration advisory boards under this subsection.
(3) The Secretary may authorize the commander of an installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) to pay routine administrative expenses of a restoration advisory board established for that installation. Such payments shall be made from funds available under subsection (g).
(e)
(2) The commander of an installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) may obtain technical assistance under paragraph (1) for a technical review committee or restoration advisory board only if—
(A) the technical review committee or restoration advisory board demonstrates that the Federal, State, and local agencies responsible for overseeing environmental restoration at the installation, and available Department of Defense personnel, do not have the technical expertise necessary for achieving the objective for which the technical assistance is to be obtained; or
(B) the technical assistance—
(i) is likely to contribute to the efficiency, effectiveness, or timeliness of environmental restoration activities at the installation; and
(ii) is likely to contribute to community acceptance of environmental restoration activities at the installation.
(f)
(1) Identifying environmental restoration activities and projects at the installation or installations.
(2) Monitoring progress on these activities and projects.
(3) Collecting information regarding restoration priorities for the installation or installations.
(4) Addressing land use, level of restoration, acceptable risk, and waste management and technology development issues related to environmental restoration at the installation or installations.
(5) Developing environmental restoration strategies for the installation or installations.
(g)
(1) In the case of a military installation not approved for closure pursuant to a base closure law, the environmental restoration account concerned under
(2) In the case of an installation approved for closure pursuant to such a law, the Department of Defense Base Closure Account 1990 established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(h)
(1) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(2) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(3)
(Added
Amendments
1996—Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (e).
Subsec. (g).
Subsec. (g)(1).
Subsec. (h).
1994—Subsecs. (d) to (f).
Effective Date of 1996 Amendment
Amendment by
Implementation Requirements for Restoration Advisory Boards
Section 326(d) of
"(1) prescribe the regulations required under subsection (d)(2) of
"(2) take appropriate actions to notify the public of the availability of funding under subsection (e) of such section, as added by subsection (b)."
Report on Restoration Advisory Boards and Assistance for Citizen Participation on Committees and Boards
Section 326(e) of
Restrictions on Administrative and Technical Assistance Funding
Section 324(d)(2) of
"(2)(A) Subject to subparagraph (B), the total amount of funds made available under
"(B) Amounts may not be made available under subsection (g) of such section 2705 after September 15, 1996, unless the Secretary of Defense publishes proposed final or interim final regulations required under subsection (d) of such section, as amended by subsection (a)."
Section Referred to in Other Sections
This section is referred to in
§2706. Annual reports to Congress
(a)
(2) Each such report shall include, with respect to environmental restoration activities for each military installation, the following:
(A) A statement of the number of sites at which a hazardous substance has been identified.
(B) A statement of the status of response actions proposed for or initiated at the military installation.
(C) A statement of the total cost estimated for such response actions.
(D) A statement of the amount of funds obligated by the Secretary for such response actions, and the progress made in implementing the response actions during the fiscal year preceding the year in which the report is submitted, including an explanation of—
(i) any cost overruns for such response actions, if the amount of funds obligated for those response actions exceeds the estimated cost for those response actions by the greater of 15 percent of the estimated cost or $10,000,000; and
(ii) any deviation in the schedule (including a milestone schedule specified in an agreement, order, or mandate) for such response actions of more than 180 days.
(E) A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, such response actions during the fiscal year in which the report is submitted.
(F) A statement of the amount of funds requested for such response actions for the five fiscal years following the fiscal year in which the report is submitted, and the anticipated progress in implementing such response actions for the fiscal year for which the budget is submitted.
(G) A statement of the total costs incurred for such response actions as of the date of the submission of the report.
(H) A statement of the estimated cost of completing all environmental restoration activities required with respect to the military installation, including, where relevant, the estimated cost of such activities in each of the five fiscal years following the fiscal year in which the report is submitted.
(I) A statement of the estimated schedule for completing all environmental restoration activities at the military installation.
(J) A statement of the activities, if any, including expenditures for administrative expenses and technical assistance under
(b)
(2) Each report shall include the following:
(A) A description of the environmental quality program of the Department of Defense, and of each of the military departments, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the fiscal year in which the report is submitted, and the fiscal year following the fiscal year in which the report is submitted.
(B) For each of the major activities under the environmental quality programs:
(i) A specification of the amount expended, or proposed to be expended, in each fiscal year of the period covered by the report.
(ii) An explanation for any significant change in the aggregate amount to be expended in the fiscal year in which the report is submitted, and in the following fiscal year, when compared with the fiscal year preceding each such fiscal year.
(iii) An assessment of the manner in which the scope of the activities have changed over the course of the period covered by the report.
(C) A summary of the major achievements of the environmental quality programs and of any major problems with the programs.
(D) A list of the planned or ongoing projects necessary to support the environmental quality programs during the period covered by the report, the cost of which has exceeded or is anticipated to exceed $1,500,000. The list and accompanying material shall include the following:
(i) A separate listing of the projects inside the United States and of the projects outside the United States.
(ii) For each project commenced during the first four fiscal years of the period covered by the report (other than a project that was reported as fully executed in the report for a previous fiscal year), a description of—
(I) the amount specified in the initial budget request for the project;
(II) the aggregate amount allocated to the project through the fiscal year preceding the fiscal year for which the report is submitted; and
(III) the aggregate amount obligated for the project through that fiscal year.
(iii) For each project commenced or to be commenced in the fiscal year in which the report is submitted, a description of—
(I) the amount specified for the project in the budget for the fiscal year; and
(II) the amount allocated to the project in the fiscal year.
(iv) For each project to be commenced in the last fiscal year of the period, a description of the amount, if any, specified for the project in the budget for the fiscal year.
(v) If the anticipated aggregate cost of any project covered by the report will exceed by more than 25 percent the amount specified in the initial budget request for such project, a justification for that variance.
(E) A statement of the fines and penalties imposed or assessed against the Department of Defense and the military departments under Federal, State, or local environmental laws during the fiscal year in which the report is submitted and the four preceding fiscal years, which shall set forth the following:
(i) Each Federal environmental statute under which a fine or penalty was imposed or assessed during each such fiscal year.
(ii) With respect to each such Federal statute—
(I) the aggregate amount of fines and penalties imposed under the statute during each such fiscal year;
(II) the aggregate amount of fines and penalties paid under the statute during each such fiscal year; and
(III) the total amount required during such fiscal years for supplemental environmental projects in lieu of the payment of a fine or penalty under the statute and the extent to which the cost of such projects during such fiscal years has exceeded the original amount of the fine or penalty.
(iii) A trend analysis of fines and penalties imposed or assessed during each such fiscal year for military installations inside and outside the United States.
(F) A statement of the amounts expended, and anticipated to be expended, during the period covered by the report for any activities overseas relating to the environment, including amounts for activities relating to environmental remediation, compliance, conservation, pollution prevention, and environmental technology and amounts for conferences, meetings, and studies for pilot programs, and for travel related to such activities.
(c)
(2) Each such report shall include, for the fiscal year preceding the year in which the report is submitted, the following:
(A) An estimate of the payments made by the Secretary to any defense contractor (other than a response action contractor) for the costs of environmental response actions at facilities owned or operated by the defense contractor or at which the defense contractor is liable in whole or in part for the environmental response action.
(B) A statement of the amount and current status of any pending requests by any defense contractor (other than a response action contractor) for payment of the costs of environmental response actions at facilities owned or operated by the defense contractor or at which the defense contractor is liable in whole or in part for the environmental response action.
(d)
(2) Each such report shall include, with respect to each project under the environmental technology program of the Department of Defense, the following:
(A) The performance objectives established for the project for the fiscal year and an assessment of the performance achieved with respect to the project in light of performance indicators for the project.
(B) A description of the extent to which the project met the performance objectives established for the project for the fiscal year.
(C) If a project did not meet the performance objectives for the project for the fiscal year—
(i) an explanation for the failure of the project to meet the performance objectives; and
(ii) a modified schedule for meeting the performance objectives or, if a performance objective is determined to be impracticable or infeasible to meet, a statement of alternative actions to be taken with respect to the project.
(e)
(1) The term "defense contractor"—
(A) means an entity (other than an entity referred to in subparagraph (B)) that is one of the top 20 entities receiving the largest dollar volume of prime contract awards by the Department of Defense during the fiscal year covered by the report; and
(B) does not include small business concerns, commercial companies (or segments of commercial companies) providing commercial items to the Department of Defense.
(2) The term "military installation" has the meaning given such term in
(A) each facility or site owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the Secretary of Defense;
(B) each facility or site which was under the jurisdiction of the Secretary and owned by, leased to, or otherwise possessed by the United States at the time of actions leading to contamination by hazardous substances; and
(C) each facility or site at which the Secretary is conducting environmental restoration activities.
(3) The term "response action contractor" has the meaning given such term in section 119(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(4) The term "environmental quality program" means a program of activities relating to environmental compliance, conservation, pollution prevention, and such other activities relating to environmental quality as the Secretary concerned may designate for purposes of the program.
(5) The term "major activities", with respect to an environmental quality program, means the following activities under the program:
(A) Environmental compliance activities.
(B) Conservation activities.
(C) Pollution prevention activities.
(Added
Amendments
1999—Subsec. (b).
Subsec. (d).
Subsec. (e)(4), (5).
1998—Subsecs. (a)(1), (b)(1), (c)(1), (d)(1).
1997—Subsec. (b)(2)(H).
Subsecs. (d), (e).
1996—Subsec. (a)(2)(J).
Subsec. (d)(1)(A).
1994—Subsec. (a).
1993—Subsec. (a).
"(1)
"(2) Each such report shall include the following:
"(A) A statement for each installation under the jurisdiction of the Secretary of the number of individual facilities at which a hazardous substance has been identified.
"(B) The status of response actions contemplated or undertaken at each such facility.
"(C) The specific cost estimates and budgetary proposals involving response actions contemplated or undertaken at each such facility.
"(D) A report on progress on conducting response actions at facilities other than facilities on the National Priorities List."
Subsec. (b).
Subsecs. (c), (d).
1990—Subsec. (b).
"(A) the funding levels required for the Department of Defense to comply with applicable environmental laws during the fiscal year for which the budget is submitted; and
"(B) the funding levels requested for such purposes in the budget as submitted by the President.
"(2) The Secretary shall include in the report an explanation of any differences in the funding level requirements and the funding level requests in the budget."
1989—
Effective Date of 1994 Amendment
Section 1070(b) of
Effective Date of 1989 Amendment
Section 357(b) of
First Report on Environmental Technology Program
Report in Fiscal Year 1998
Section 344(b) of
Compliance With Annex V to the International Convention for the Prevention of Pollution From Ships, 1973
Section 324(b), (c) of
"(b)
"(2) In this subsection and subsection (c), the terms 'Convention' and 'ship' have the meanings given such terms in section 2(a) of the Act to Prevent Pollution from Ships (
"(c)
"(1) A list of the ship types, if any, for which the Secretary of the Navy has made the determination referred to in paragraph (2)(C) of section 3(c) of the Act to Prevent Pollution from Ships [
"(2) A list of ship types which the Secretary of the Navy has determined can comply with Regulation 5 of Annex V to the Convention.
"(3) A summary of the progress made by the Navy in implementing the requirements of paragraphs (2) and (3) of such section 3(c), as so amended.
"(4) A description of any emerging technologies offering the potential to achieve full compliance with Regulation 5 of Annex V to the Convention.
"(5) The amount and nature of the discharges in special areas, not otherwise authorized under the Act to Prevent Pollution from Ships (
Report on Services Obtained Pursuant to Reimbursement Agreements During Fiscal Year 1996
Section 321(b) of
Time of Submission of Reports
Section 1001(e) of
"(1) A report submitted in 1994 under subsection (a) of
"(2) A report under subsection (c) of section 2706 of such title, as added by subsection (c), shall be submitted for fiscal years beginning with fiscal year 1993. Any such report that is submitted for fiscal year 1993 or fiscal year 1994 shall be submitted not later than February 1, 1995."
§2707. Definitions
In this chapter:
(1) The terms "environment", "facility", "hazardous substance", "person", "release", "removal", "response", "disposal", and "hazardous waste" have the meanings given those terms in section 101 of CERCLA (
(2) The term "Administrator" means the Administrator of the Environmental Protection Agency.
(Added
§2708. Contracts for handling hazardous waste from defense facilities
(a)
(A) the contractor's or subcontractor's breach of any term or provision of the contract or subcontract; and
(B) any negligent or willful act or omission of the contractor or subcontractor, or the employees of the contractor or subcontractor, in the performance of the contract or subcontract.
(2) Not later than 30 days after such a contract or subcontract is awarded, the contractor or subcontractor shall demonstrate that the contractor or subcontractor will reimburse the Federal Government as provided in paragraph (1).
(b)
(2) This section does not apply to—
(A) any contract or subcontract to perform remedial action or corrective action under the Defense Environmental Restoration Program, other programs or activities of the Department of Defense, or authorized State hazardous waste programs;
(B) any contract or subcontract under which the generation of the hazardous waste to be disposed of is incidental to the performance of the contract; or
(C) any contract or subcontract to dispose of ammunition or solid rocket motors.
(c)
(1) there is only one responsible offeror or there is no responsible offeror willing to provide the reimbursement required by subsection (a) for such contract; or
(2) failure to award the contract would place the facility concerned in violation of any requirement of the Solid Waste Disposal Act (
then the contract may be awarded without including the reimbursement provision required by subsection (a).
(d)
(1) The term "hazardous waste" has the meaning given that term by section 1004(5) of the Solid Waste Disposal Act (
(2) The term "remedial action" has the meaning given that term by section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(3) The term "corrective action" has the meaning given that term under section 3004(u) of the Solid Waste Disposal Act (
(4) The term "polychlorinated biphenyls" has the meaning given that term under section 6(e) of the Toxic Substances Control Act (
(e)
(Added
References in Text
The Solid Waste Disposal Act, referred to in subsec. (c)(2), is title II of
Amendments
1993—Subsec. (b)(1).
1992—Subsec. (b)(1).
Subsec. (d).
Effective Date
Section 331(b) of
§2709. Investment control process for environmental technologies
(a)
(b)
(1) The active participation by end-users of environmental technology, including the officials responsible for the environmental security programs of the Department of Defense and the military departments, in the selection and prioritization of environmental technologies.
(2) The development of measurable performance goals and objectives for the management and development of environmental technologies and specific mechanisms for assuring the achievement of the goals and objectives.
(3) Annual performance reviews to determine whether the goals and objectives have been achieved and to take appropriate action in the event that they are not achieved.
(Added
References in Text
Section 270(b) of the National Defense Authorization Act for Fiscal Year 1997 (
Purposes of Section 323 of Pub. L. 106–65
"(1) to hold the Department of Defense and the military departments accountable for achieving performance-based results in the management of environmental technology by providing a connection between program direction and the achievement of specific performance-based results;
"(2) to assure the identification of end-user requirements for environmental technology within the military departments;
"(3) to assure results, quality of effort, and appropriate levels of service and support for end-users of environmental technology within the military departments; and
"(4) to promote improvement in the performance of environmental technologies by establishing objectives for environmental technology programs, measuring performance against such objectives, and making public reports on the progress made in such performance."
CHAPTER 161 —PROPERTY RECORDS AND REPORT OF THEFT OR LOSS OF CERTAIN PROPERTY
Amendments
1999—
1991—
1990—
1988—
1986—
§2721. Property records: maintenance on quantitative and monetary basis
(a) Under regulations prescribed by him, the Secretary of Defense shall have the records of the fixed property, installations, major equipment items, and stored supplies of the military departments maintained on both a quantitative and a monetary basis, so far as practicable.
(b) The regulations prescribed pursuant to subsection (a) shall include a requirement that the records maintained under such subsection—
(1) to the extent practicable, provide up-to-date information on all items in the inventory of the Department of Defense;
(2) indicate whether the inventory of each item is sufficient or excessive in relation to the needs of the Department for that item; and
(3) permit the Secretary of Defense to include in the budget submitted to Congress under
(A) the amounts proposed for each appropriation account in such budget for inventory purchases of the Department of Defense; and
(B) the amounts obligated for such inventory purchases out of the corresponding appropriations account for the preceding fiscal year.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2701(a) 2701(b) |
5:172i (less last sentence). 5:172i (last sentence). |
July 26, 1947, ch. 343, §410; added Aug. 10, 1949, ch. 412, §11(410), |
In subsection (a), the words "equipment" and "materials" are omitted, since the word "supplies", as defined in
In subsection (b), the words "on property records maintained under this section" are substituted for the word "thereon".
Amendments
1991—
1990—
Implementation of 1991 Amendment
Section 347(c) of
Inventory Investigations
Section 343 of
"(a)
"(2) The Secretary of Defense is urged to continue to conduct undercover investigations to detect and investigate thefts referred to in paragraph (1).
"(b)
Cross References
Cataloging and standardization of supplies, see
Interchange of property and services and disposition of obsolete, surplus, or unclaimed property, see
Real and personal property and lease of non-excess property, see
§2722. Theft or loss of ammunition, destructive devices, and explosives: report to Secretary of the Treasury
(a)
(b)
(1) the Secretary determines that the item represents a low risk of danger to the public and would be of minimal utility to any person who may illegally receive such item; and
(2) the exclusion of such item is specified as being excluded from the reporting requirement in a memorandum of agreement between the Secretary of Defense and the Secretary of the Treasury.
(c)
(1) The term "explosive material" means explosives, blasting agents, and detonators.
(2) The terms "destructive device" and "ammunition" have the meanings given those terms by paragraphs (4) and (17), respectively, of
(Added
Effective Date
Section 344(c) of
§2723. Notice to congressional committees of certain security and counterintelligence failures within defense programs
(a)
(b)
(c)
(d)
(2) Nothing in this section shall be construed to modify or supersede any other requirement to report information on intelligence activities to the Congress, including the requirement under section 501 of the National Security Act of 1947 (
(Added
CHAPTER 163 —MILITARY CLAIMS
Amendments
1998—
1994—
1990—
1984—
1968—
1966—
1964—
1962—
1961—
1959—
Cross References
Claims—
Air Force, see
Army, see
Navy, see
Chapter Referred to in Other Sections
This chapter is referred to in title 42 section 213a.
§2731. Definition
In this chapter, "settle" means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2731 | [No source]. | [No source]. |
The revised section is inserted for clarity and is based on usage in the source laws for this revised chapter.
Report on Department Policy on Payment of Claims for Loss of Personal Property
Public Health Service
Authority vested by this chapter in "military departments", "the Secretary concerned", or "the Secretary of Defense" to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see
National Oceanic and Atmospheric Administration
Authority vested by
Section Referred to in Other Sections
This section is referred to in title 33 section 857a.
§2732. Payment of claims: availability of appropriations
Appropriations available to the Department of Defense for operation and maintenance may be used for payment of claims authorized by law to be paid by the Department of Defense (except for civil functions), including—
(1) claims for damages arising under training contracts with carriers; and
(2) repayment of amounts determined by the Secretary concerned to have been erroneously collected—
(A) from military and civilian personnel of the Department of Defense; or
(B) from States or territories or the District of Columbia (or members of the National Guard units thereof).
(Added
Prior Provisions
Provisions similar to those in this section were contained in
A prior section 2732, acts Aug. 10, 1956, ch. 1041,
Section Referred to in Other Sections
This section is referred to in
§2733. Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force
(a) Under such regulations as the Secretary concerned may prescribe, he, or, subject to appeal to him, the Judge Advocate General of an armed force under his jurisdiction, or the chief Counsel of the Coast Guard, as appropriate, if designated by him, may settle, and pay in an amount not more than $100,000, a claim against the United States for—
(1) damage to or loss of real property, including damage or loss incident to use and occupancy;
(2) damage to or loss of personal property, including property bailed to the United States and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be; or
(3) personal injury or death;
either caused by a civilian officer or employee of that department, or the Coast Guard, or a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department, or the Coast Guard.
(b) A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by
(3) it is not for personal injury or death of such a member or civilian officer or employee whose injury or death is incident to his service;
(4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee; or, if so caused, allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and
(5) it is substantiated as prescribed in regulations of the Secretary concerned.
For the purposes of clause (1), the dates of the beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.
(c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States.
(d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under
(e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
(f) For the purposes of this section, a member of the National Oceanic and Atmospheric Administration or of the Public Health Service who is serving with the Navy or Marine Corps shall be treated as if he were a member of that armed force.
(g) Under regulations prescribed by the Secretary concerned, an officer or employee under the jurisdiction of the Secretary may settle a claim that otherwise would be payable under this section in an amount not to exceed $25,000. A decision of the officer or employee who makes a final settlement decision under this section may be appealed by the claimant to the Secretary concerned or an officer or employee designated by the Secretary for that purpose.
(h) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department under this section with respect to the settlement of claims based on damage, loss, personal injury, or death caused by a civilian officer or employee of the Department of Defense acting within the scope of his employment or otherwise incident to noncombat activities of that department.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2733(a) 2733(b) 2733(c) 2733(d) 2733(e) 2733(f) |
31:223b (1st sentence, less 52d through 62d, and 76th through 93d, words; and less proviso). [Uncodified: Aug. 2, 1946, ch. 753, §424(a) (4th clause), 31:223b (76th through 93d words and proviso of 1st sentence; and 2d sentence). 31:223b (3d sentence). 31:223b (last sentence). 31:223b (52d through 62d words of 1st sentence). 31:222h. [31:223b is made applicable to the Navy by 31:223d and 223e]. |
July 3, 1943, ch. 189, §1 (less 4th sentence), Aug. 2, 1946, ch. 753, §424(a) (4th clause), Dec. 28, 1945, ch. 597, §1, |
Dec. 28, 1945, ch. 597, §6; added Mar. 20, 1946, ch. 104 (last par.), |
In subsection (a), the words "a civilian officer or employee of that department, or a member of the Army, Navy, Air Force, or Marine Corps, as the case may be" are substituted for the words "military personnel or civilian employees of the Department of the Army or of the Army". The words "whether under a lease, express or implied" are omitted as surplusage. The words "consider, ascertain, adjust, determine" are omitted as covered by the word "settle", as defined in
In subsection (a)(1), the words "or loss" are inserted before the word "incident", for clarity.
In subsection (b)(1), the words "it accrues" are substituted for the words "the accident or incident out of which such claim arises shall have occurred", in 31:223b. The words "the claim accrues" are substituted for the words "That if such accident or incident occurs". The words "not later than" are substituted for the words "within" to make it clear that a claim may be presented during a war. The words "the war is terminated" are substituted for the words "after peace is established", since the other time covered is "time of war". 31:223b (last 49 words of proviso of 2d sentence) is omitted as executed.
In subsection (b)(2), the words "or
In subsection (d), the words "claim * * * that would otherwise be covered by this section" are substituted for the words "such claims".
In subsection (e), the words "and final settlement" are omitted as surplusage.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2733 | 31:223b. | Mar. 29, 1956, ch. 103, §§1–3, |
Amendments
1996—Subsec. (d).
1984—Subsec. (a).
Subsec. (d).
Subsec. (g).
1980—Subsec. (f).
1974—Subsec. (a).
Subsec. (d).
Subsec. (g).
1970—Subsec. (a).
Subsec. (d).
1968—Subsec. (a).
Subsec. (b)(4).
Subsec. (d).
Subsec. (g).
Subsec. (h).
1966—Subsec. (f).
1958—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (g).
Effective Date of 1980 Amendment
Amendment by
Repeals
The directory language of, but not the amendment made by,
Transfer of Functions
For transfer of functions of Public Health Service, see note set out under
Claims for Injury or Death Accrued Before March 30, 1956
Section 17 of
Cross References
Administrative adjustment of tort claims, see
Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriations chargeable as not amending or repealing this section, see
Section Referred to in Other Sections
This section is referred to in
§2734. Property loss; personal injury or death: incident to noncombat activities of the armed forces; foreign countries
(a) To promote and to maintain friendly relations through the prompt settlement of meritorious claims, the Secretary concerned, or an officer or employee designated by the Secretary, may appoint, under such regulations as the Secretary may prescribe, one or more claims commissions, each composed of one or more officers or employees or combination of officers or employees of the armed forces, to settle and pay in an amount not more than $100,000, a claim against the United States for—
(1) damage to, or loss of, real property of any foreign country or of any political subdivision or inhabitant of a foreign country, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property of any foreign country or of any political subdivision or inhabitant of a foreign country, including property bailed to the United States; or
(3) personal injury to, or death of, any inhabitant of a foreign country;
if the damage, loss, personal injury, or death occurs outside the United States, or the Territories, Commonwealths, or possessions, and is caused by, or is otherwise incident to noncombat activities of, the armed forces under his jurisdiction, or is caused by a member thereof or by a civilian employee of the military department concerned or the Coast Guard, as the case may be. The claim of an insured, but not that of a subrogee, may be considered under this subsection. In this section, "foreign country" includes any place under the jurisdiction of the United States in a foreign country. An officer or employee may serve on a claims commission under the jurisdiction of another armed force only with the consent of the Secretary of his department, or his designee, but shall perform his duties under regulations of the department appointing the commission.
(b) A claim may be allowed under subsection (a) only if—
(1) it is presented within two years after it accrues;
(2) in the case of a national of a country at war with the United States, or of any ally of that country, the claimant is determined by the commission or by the local military commander to be friendly to the United States; and
(3) it did not arise from action by an enemy or result directly or indirectly from an act of the armed forces of the United States in combat, except that a claim may be allowed if it arises from an accident or malfunction incident to the operation of an aircraft of the armed forces of the United States, including its airborne ordnance, indirectly related to combat, and occurring while preparing for, going to, or returning from a combat mission.
(c) The Secretary concerned may appoint any officer or employee under the jurisdiction of the Secretary to act as an approval authority for claims determined to be allowable under subsection (a) in an amount in excess of $10,000.
(d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under
(e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
(f) Upon the request of the department concerned, a claim arising in that department and covered by subsection (a) may be settled and paid by a commission appointed under subsection (a) and composed of officers of an armed force under the jurisdiction of another department.
(g) Payment of claims against the Coast Guard arising while it is operating as a service in the Department of Transportation shall be made out of the appropriation for the operating expenses of the Coast Guard.
(h) The Secretary of Defense may designate any claims commission appointed under subsection (a) to settle and pay, as provided in this section, claims for damage caused by a civilian employee of the Department of Defense other than an employee of a military department. Payments of claims under this subsection shall be made from appropriations as provided in
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2734(a) 2734(b) 2734(c) |
31:224d (less 98th through 109th words and provisos). 31:224d (1st and 3d provisos). 31:224d (2d proviso, less words after semicolon). |
Jan. 2, 1942, ch. 645, §§1 (less last proviso), 6, 7, |
2734(d) | 31:224d (words of 2d proviso after semicolon). | |
2734(e) | 31:224d (98th through 109th words). | |
2734(f) | 31:224i. | |
2734(g) | 31:224h. |
In subsection (a), the words "for such purposes", "or destruction", "public", "private", "Army * * * forces", and "whether under a lease, express or implied" are omitted as surplusage. The words "armed forces under his jurisdiction" are substituted for the words "Army, Air Force, Navy, or Marine Corps". The same words are substituted for the words "Army, Air Force, Navy, or Marine Corps forces" to reflect the opinion of the Judge Advocate General of the Army (JAGD/D–55–51000, 17 Jan. 55). The word "settle" is substituted for the words "consider, ascertain, adjust, determine", since the word "settle", as defined in
In subsection (a)(2), the words "United States" are substituted for the word "Government".
In subsection (b), the word "accident" is omitted as surplusage. The words "except that claims arising out of accidents or incidents occurring after December 6, 1941, but prior to May 1, 1943, may be presented at any time prior to May 1, 1944" are omitted as executed. Clauses (2) and (3) are substituted for 31:224d (3d proviso).
In subsection (c), the first 28 words of the second proviso of 31:224d and the words "but does not exceed $5,000" are omitted as covered by subsection (a). The words "commanding officer or other" are omitted as surplusage. The word "commissioned" is inserted for clarity. The word "designated" is substituted for the words "may prescribe".
In subsection (d), the word "may" is substituted for the words "shall have authority, if he deems". The words "that would otherwise be covered by this section" are inserted for clarity. The words "to be meritorious" and "character of such" are omitted as surplusage.
In subsection (f), the words "a military department" are substituted for the words "service concerned" after the words "the request of the". The words "or Commissions" and "even though not" are omitted as surplusage. The words "an armed force under the jurisdiction of another military department" are substituted for the words "service concerned" after the words "officers of the". 31:224i (last 19 words) is omitted, since all claims are paid from one appropriation made to the Department of Defense.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2734(a) 2734(d) 2734(f) 2734(h) |
31:224d. 31:224d. 31:224i. 31:224i–1. |
July 28, 1956, ch. 769, §1, |
In subsections (a)(1) and (2), the words "a foreign country" are substituted for the words "that country" to make clear that damage to a political subdivision or an inhabitant of a foreign country need not have occurred in that country.
In subsection (h), the word "settle" is substituted for the words "consider, ascertain, adjust, determine,", since the word "settle", as defined in
Amendments
1996—Subsec. (d).
1990—Subsec. (h).
1984—Subsec. (a).
Subsec. (c).
Subsec. (d).
1980—Subsec. (g).
1974—Subsec. (a).
Subsec. (d).
1970—Subsec. (d).
Subsec. (e).
1968—Subsec. (a).
Subsec. (b)(3).
1960—Subsec. (b).
1959—
Subsec. (a).
Subsecs. (c), (d).
Subsec. (f).
Subsec. (g).
1958—Subsec. (a).
Subsec. (d).
Subsec. (f).
Subsec. (h).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2734a. Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements
(a) When the United States is a party to an international agreement which provides for the settlement or adjudication and cost sharing of claims against the United States arising out of the acts or omissions of a member or civilian employee of an armed force of the United States done in the performance of official duty, or arising out of any other act, omission, or occurrence for which an armed force of the United States is legally responsible under the law of another party to the international agreement, and causing damage in the territory of such party, the Secretary of Defense or the Secretary of Transportation or their designees may—
(1) reimburse the party to the agreement for the agreed pro rata share of amounts, including any authorized arbitration costs, paid by that party in satisfying awards or judgments on claims, in accordance with the agreement; or
(2) pay the party to the agreement the agreed pro rata share of any claim, including any authorized arbitration costs, for damage to property owned by it, in accordance with the agreement.
(b) A claim arising out of an act of an enemy of the United States or arising, directly or indirectly, from an act of the armed forces, or a member thereof, while engaged in combat may not be considered or paid under this section.
(c) A reimbursement or payment under this section shall be made by the Secretary of Defense out of appropriations as provided in
(d) Upon the request of the Secretary of Transportation or his designee, any payments made relating to claims arising from the activities of the Coast Guard and covered by subsection (a) may be reimbursed or paid to the foreign country concerned by the authorized representative of the Department of Defense out of appropriations as provided in
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2734a(a) 2734a(b) 2734a(c) |
31:224i–2 (less proviso). 31:224i–2 (proviso, as applicable to 31:224i–2). 31:224i–5 (as applicable to 31–224i–2). |
Aug. 31, 1954, ch. 1152, §§1 (less proviso, as applicable to §2), 4 (as applicable to §1), |
In subsection (a), the following substitutions are made: "Under" for "Pursuant to the terms"; "country" for "government"; "under its laws and regulations" for "in accordance with the laws and regulations of such foreign government"; "may" for "is authorized"; "amounts" for "sums"; and "spent" for "expended". The words "now or may hereafter be" are omitted as surplusage.
In subsection (b), the following substitutions are made: "act" for "action" and "may" for "shall".
In subsection (c), the words "pro rata" are omitted as surplusage. The following substitutions are made: "under this section" for "by the United States with respect to a settlement, award, or compromise made pursuant to
Amendments
1990—Subsec. (c).
Subsec. (d).
1984—
1976—Subsec. (a).
1968—Subsec. (c).
Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§2734b. Property loss; personal injury or death: incident to activities of armed forces of foreign countries in United States; international agreements
(a) When the United States is a party to an international agreement which provides for the settlement or adjudication by the United States under its laws and regulations, and subject to agreed pro rata reimbursement, of claims against another party to the agreement arising out of the acts or omissions of a member or civilian employee of an armed force of that party done in the performance of official duty, or arising out of any other act, omission, or occurrence for which that armed force is legally responsible under applicable United States law, and causing damage in the United States, or a territory, Commonwealth, or possession thereof; those claims may be prosecuted against the United States, or settled by the United States, in accordance with the agreement, as if the acts or omissions upon which they are based were the acts or omissions of a member or a civilian employee of an armed force of the United States.
(b) When a dispute arises in the settlement or adjudication of a claim under this section whether an act or omission was in the performance of official duty, or whether the use of a vehicle of the armed forces was authorized, the dispute shall be decided under the international agreement with the foreign country concerned. Such a decision is final and conclusive. The Secretary of Defense may pay that part of the cost of obtaining such a decision that is chargeable to the United States under that agreement.
(c) A claim arising out of an act of an enemy of the United States may not be considered or paid under this section.
(d) A payment under this section shall be made by the Secretary of Defense out of appropriations as provided in
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2734b(a) 2734b(b) 2734b(c) 2734b(d) |
31:224i–3. 31:224i–4. 31:224i–2 (proviso, less applicability to 31:224i–2). 31:224i–5 (less applicability to 31:224i–2). |
Aug. 31, 1954, ch. 1152, §§1 (proviso, less applicability to §1), 2, 3, 4 (less applicability to §1), |
In subsection (a), the following omissions as surplusage are made: "the terms of" and "now or may hereafter be". The following substitutions are made: "country" for "government"; "in the United States, or a Territory, Commonwealth, or possession" for "within the territory of the United States"; "under" for "in accordance with"; "upon which they are based were the acts or omissions of" for "were performed".
In subsection (b), the following substitutions are made: "under this section" for "asserted under
In subsection (c), the word "act" is substituted for the word "action".
In subsection (d), the words "under this section" are substituted for the words "by the United States with respect to a settlement, award, or compromise made pursuant to
Amendments
1990—Subsec. (d).
1976—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§2735. Settlement: final and conclusive
Notwithstanding any other provision of law, the settlement of a claim under
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2735 | 31:222c (1st sentence of (e)). 31:223b (4th sentence). 31:224d (last proviso). |
May 29, 1945, ch. 135, §1 (e) (1st sentence); restated July 3, 1952, ch. 548, §1 (1st sentence of last par.), |
July 3, 1943, ch. 189, §1 (4th sentence), |
||
Jan. 2, 1942, ch. 645, §1 (last proviso); restated Apr. 22, 1943, ch. 67, §1 (last proviso), |
The words "for all purposes" and "to the contrary", in each source credit; "by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Defense, or their designees" and "such regulations as they, respectively, may prescribe hereunder", in 31:222c(e); "by the Secretary of the Army, or his designee" and "such regulations as he may prescribe hereunder", in 31:223b; and "by such Commissions", in 31:224d; are omitted as surplusage.
Amendments
1972—
1964—
Effective Date of 1964 Amendment
Section 5(1) of
Repeals
The directory language of, but not the amendment made by,
Section Referred to in Other Sections
This section is referred to in title 33 section 857a.
§2736. Property loss; personal injury or death: advance payment
(a)(1) In the case of a person who is injured or killed, or whose property is damaged or lost, under circumstances for which the Secretary of a military department is authorized by law to allow a claim, the Secretary of the military department concerned may make a payment to or for the person, or the legal representatives of the person, in advance of the submission of such a claim or, if such a claim is submitted, in advance of the final settlement of the claim. The amount of such a payment may not exceed $100,000.
(2) Payments under this subsection are limited to payments which would otherwise be payable under
(3) The Secretary of a military department may delegate the authority to make payments under this subsection to the Judge Advocate General of an armed force under the jurisdiction of the Secretary. The Secretary may delegate such authority to any other officer or employee under the jurisdiction of the Secretary, but only with respect to the payment of amounts of $25,000 or less.
(4) Payments under this subsection shall be made under regulations prescribed by the Secretary of the military department concerned.
(b) Any amount paid under subsection (a) shall be deducted from any amount that may be allowed under any other provision of law to the person, or his legal representative, for injury, death, damage, or loss attributable to the accident concerned.
(c) So far as practicable, regulations prescribed under this section shall be uniform for the military departments.
(d) Payment of an amount under subsection (a) is not an admission by the United States of liability for the accident concerned.
(Added
Amendments
1988—Subsec. (a).
1984—Subsec. (a).
1968—
Subsec. (a).
Effective Date of 1988 Amendment
Section 735(b) of
§2737. Property loss; personal injury or death: incident to use of property of the United States and not cognizable under other law
(a) Under such regulations as the Secretary concerned may prescribe, he or his designee may settle and pay, in an amount not more than $1,000, a claim against the United States, not cognizable under any other provision of law, for—
(1) damage to, or loss of, property; or
(2) personal injury or death;
caused by a civilian official or employee of a military department or the Coast Guard, or a member of the armed forces, incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation.
(b) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department with respect to a claim, not cognizable under any other provision of law, for—
(1) damage to, or loss of, property; or
(2) personal injury or death;
caused by a civilian official or employee of the Department of Defense not covered by subsection (a), incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation.
(c) A claim may not be allowed under subsection (a) or (b) if the damage to, or loss of, property, or the personal injury or death was caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee.
(d) A claim for personal injury or death under this section may not be allowed for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States.
(e) No claim may be allowed under this section unless it is presented in writing within two years after it accrues.
(f) A claim may not be paid under subsection (a) or (b) unless the amount tendered is accepted by the claimant in full satisfaction.
(g) No claim or any part thereof, the amount of which is legally recoverable by the claimant under an indemnifying law or indemnity contract, may be paid under this section. No subrogated claim may be paid under this section.
(h) So far as practicable, regulations prescribed under this section shall be uniform. Regulations prescribed under this section by the Secretaries of the military departments must be approved by the Secretary of Defense.
(Added
Section Referred to in Other Sections
This section is referred to in
§2738. Property loss: reimbursement of members for certain losses of household effects caused by hostile action
(a)
(b)
(c)
(d)
(Added
Effective Date
Section 557(c) of
"(1)
"(2) In the case of a loss incurred after June 30, 1990, and before the date of the enactment of this Act [Oct. 5, 1994], a request for reimbursement shall be filed with the Secretary of the military department concerned not later than two years after such date of enactment."
§2739. Amounts recovered from third parties for loss or damage to personal property shipped or stored at Government expense: crediting to appropriations
(a)
(b)
(c)
(Added
Effective Date
CHAPTER 165 —ACCOUNTABILITY AND RESPONSIBILITY
Amendments
1999—
1996—
1993—
1990—
1989—
1988—
1987—
1986—
1985—
1984—
1982—
1980—
1972—
1962—
Cross References
Particular provisions relating to—
Air Force, see
Army, see
§2771. Final settlement of accounts: deceased members
(a) In the settlement of the accounts of a deceased member of the armed forces, an amount due from the armed force of which he was a member shall be paid to the person highest on the following list living on the date of death:
(1) Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased member's death, at the place named in regulations to be prescribed by the Secretary concerned.
(2) Surviving spouse.
(3) Children and their descendants, by representation.
(4) Father and mother in equal parts or, if either is dead, the survivor.
(5) Legal representative.
(6) Person entitled under the law of the domicile of the deceased member.
(b) Designations and changes of designation of beneficiaries under subsection (a)(1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform for the uniformed services.
(c) Payments under subsection (a) shall be made by the Secretary of Defense.
(d) A payment under this section bars recovery by any other person of the amount paid.
(Aug. 10, 1956, ch. 1041,
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2771(a) 2771(b) |
10:868 (less proviso). 34:941a (less proviso). 10:868 (proviso). 34:941a (proviso). |
June 30, 1906, ch. 3914, §1 (last par. under "State or Territorial Homes for Disabled Soldiers and Sailors"); restated Dec. 7, 1944, ch. 519; restated Feb. 25, 1946, ch. 35, §4, |
Feb. 25, 1946, ch. 35, §1, |
In subsections (a) and (b), the words "General Accounting Office" are substituted for the words "accounting officers", for clarity.
In subsection (a), the word "member" is substituted for the words "officers or enlisted persons", in 10:868 and 34:941a. The words "his legal representative" are substituted for the words "a duly appointed legal representative of the estate", since an estate, being property and not an entity, has no representative. The words "duly appointed" are omitted as surplusage. The words "highest on the following list" are substituted for the words "following order of precedence", in 10:868 and 34:941a. Clauses (1)–(4) are substituted for the words between the first and second colons of 10:868 and 34:941a. The words "Surviving spouse" are substituted for the words "widow or widower" after the words "First, to".
In subsection (b), the words "That this section shall not be so construed as to prevent", "or persons", and "actually", in 10:868 and 34:941a, are omitted as surplusage.
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2771(a) 2771(b) |
37:361. 37:362. 37:365. 37:364 (less proviso). |
July 12, 1955, ch. 328, §§1–3, 4 (less proviso), 5 (first sentence), |
2771(c) 2771(d) |
37:363 (less last sentence). 37:363 (last sentence). |
In subsection (a), the definition of the term "Department", in 37:361, is omitted as unnecessary, since the particular departments referred to are spelled out in the revised text. The definition of the term "uniformed services", in 37:361, is omitted as covered by the word "member" in this revised section and by sections 3 and 4 of the Act enacting this revised section. Clauses (1)–(6) are substituted for the last 5 clauses of 37:362. The words "regulations to be prescribed by the Secretary concerned" are substituted for the words "regulations of the Department concerned", since the "Department", as such, cannot issue regulations.
In subsection (a)(2), the words "surviving spouse" are substituted for the words "widow or widower". As defined in section 101(32), "spouse" includes a widower.
In subsection (b), the words "are subject to" are substituted for the words "shall be made under".
In subsection (c), the word "Under" is substituted for the words "Subject to". The words "rules and" are omitted as surplusage.
Amendments
1996—Subsec. (c).
"(1) upon settlement by the General Accounting Office; or
"(2) as otherwise authorized by the Comptroller General."
1993—Subsec. (a).
Subsec. (b).
1980—Subsec. (b).
Subsec. (c).
1966—Subsec. (b).
1960—Subsec. (c).
1958—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
Effective Date of 1980 Amendment
Amendment by
Repeals
The directory language of, but not the amendment made by,
Transfer of Functions
For transfer of functions of Public Health Service, see note set out under
Final Settlement of Accounts of Members Who Died Before January 1, 1960
Section 29 of
"(a) In the settlement of the accounts of a member of the Army, Navy, Air Force, or Marine Corps who died before January 1, 1956, if a demand is not made by his legal representative, the General Accounting Office may allow any amount due, to the person highest on the following list living on the date of settlement:
"(1) Surviving spouse.
"(2) Children and their issue, per stirpes.
"(3) Father and mother in equal parts or, if either is dead, the survivor.
"(4) Brothers and sisters, and their children, per stirpes.
"(b) Reimbursement for funeral expenses may be made from the amount due the decedent's estate, if the person who paid the expenses presents a claim for them before settlement by the General Accounting Office."
Designation of Beneficiary Made Before January 1, 1956
Section 31 of
Cross References
Payment of claims incident to correction of military records, see
Section Referred to in Other Sections
This section is referred to in
§2772. Share of fines and forfeitures to benefit Armed Forces Retirement Home
(a)
(1) The amount of forfeitures and fines adjudged against an enlisted member, warrant officer, or limited duty officer of the armed forces by sentence of a court martial or under authority of
(2) The amount of forfeitures on account of the desertion of an enlisted member, warrant officer, or limited duty officer of the armed forces.
(b)
(c)
(Added
Prior Provisions
A prior section 2772, act Aug. 10, 1956, ch. 1041,
Amendments
1990—
Effective Date of 1990 Amendment
Section 1533(a)(3) of
Amendment by section 1533(a)(4)(A) of
Effective Date
Section 342(b) of
"(1) Subsection (a) of section 2772 of such title [
"(2) Subsection (b) of such section shall apply with respect to fines and forfeitures adjudged after May 31, 1990."
Section Referred to in Other Sections
This section is referred to in title 24 section 419.
§2773. Designation, powers, and accountability of deputy disbursing officials
(a)(1) Subject to paragraph (3), a disbursing official of the Department of Defense may designate a deputy disbursing official—
(A) to make payments as the agent of the disbursing official;
(B) to sign checks drawn on disbursing accounts of the Secretary of the Treasury; and
(C) to carry out other duties required under law.
(2) The penalties for misconduct that apply to a disbursing official apply to a deputy disbursing official designated under this subsection.
(3) A disbursing official may make a designation under paragraph (1) only with the approval of the Secretary of Defense or, in the case of a disbursing official of a military department, the Secretary of that military department.
(b)(1) If a disbursing official of the Department of Defense dies, becomes disabled, or is separated from office, a deputy disbursing official may continue the accounts and payments in the name of the former disbursing official until the last day of the 2d month after the month in which the death, disability, or separation occurs. The accounts and payments shall be allowed, audited, and settled as provided by law. The Secretary of the Treasury shall honor checks signed in the name of the former disbursing official in the same way as if the former disbursing official had continued in office.
(2) The deputy disbursing official, and not the former disbursing official or the estate of the former disbursing official, is liable for the actions of the deputy disbursing official under this subsection.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2773(a) | 10:2773. | |
31:103a. | July 3, 1926, ch. 775, |
|
2773(b) | 31:103b. | July 31, 1953, ch. 300, |
In the section, the words "disbursing official" are substituted for "disbursing officer" for consistency with other titles of the United States Code. The words "Secretary of the Treasury" are substituted for "Treasurer of the United States" because of section 1(a) of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950,
In subsection (a)(1), before clause (A), the words "With the approval of a Secretary of a military department when the Secretary considers it necessary" are substituted for "When, in the opinion of the Secretary of the Army, Navy, or Air Force, the exigencies of the service so require . . . with the approval of the head of their executive department" in 31:103a because of 10:101(7), to eliminate unnecessary words, and for consistency. The title of Secretary of War was changed to Secretary of the Army by section 205(a) of the Act of July 26, 1947 (ch. 343,
In subsection (a)(2), the words "deputy disbursing official" are substituted for "agent officer" for clarity and consistency.
In subsection (b)(1), the word "disabled" is substituted for "incapacity" for consistency in the title. The word "until" is substituted for "for a period of time not to extend beyond" to eliminate unnecessary words.
In subsection (b)(2), the words "The deputy disbursing official, and not the former disbursing official or the estate of the former disbursing official" are substituted for "The former disbursing officer or his estate . . . but the deputy disbursing officer shall be responsible therefor" for clarity and because of the restatement. The word "liable" is substituted for "subject to any legal liability or penalty" to eliminate unnecessary words. The word "actions" is substituted for "official acts and defaults". The words "in the name or in the place of the former disbursing officer" are omitted as unnecessary.
Amendments
1996—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (b)(1).
1982—
Section Referred to in Other Sections
This section is referred to in title 14 section 673.
§2774. Claims for overpayment of pay and allowances and of travel and transportation allowances
(a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the uniformed services, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by—
(1) the Director of the Office of Management and Budget; or
(2) the Secretary concerned, as defined in
(A) the claim is in an amount aggregating not more than $1,500; and
(B) the waiver is made in accordance with standards which the Director of the Office of Management and Budget shall prescribe.
(b) The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim—
(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or
(2) if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment was discovered.
(c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section.
(d) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.
(e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes.
(f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.
(Added
Amendments
1996—Subsec. (a).
Subsec. (b).
1991—Subsec. (a)(2)(A).
1987—
Subsec. (a).
1985—
Subsec. (a).
Subsec. (b)(2).
1980—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Cancellation of Debts Up To $2,500 of Uniformed Service Members Incurred in Connection With Operation Desert Shield/Storm
Similar provisions were contained in the following prior appropriation acts:
§2775. Liability of members assigned to military housing
(a)(1) A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel housing unit, assigned to or provided such member if (as determined under regulations prescribed by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member).
(2) A member of the armed forces—
(A) who is assigned or provided a family housing unit; and
(B) who fails to clean satisfactorily that housing unit (as determined under regulations prescribed by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) upon termination of the assignment or provision of that housing unit,
shall be liable to the United States for the cost of cleaning made necessary as a result of that failure.
(b) The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, may establish limitations on liability under this section, including (in the case of liability under subsection (a)(1)) different limitations based upon the degree of abuse or negligence involved, and may compromise or waive a claim of the United States under this section.
(c)(1) The Secretary concerned may deduct from a member's pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a)(1), or the cost of any cleaning made necessary by a failure to clean satisfactorily a family housing unit referred to in subsection (a)(2), for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means.
(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of
(d) Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit) or failure to clean satisfactorily a family housing unit, or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned, or the operating expenses account of the Coast Guard, as appropriate. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts.
(e) The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to carry out this section. Such regulations shall include—
(1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence for which a member is liable under subsection (a)(1);
(2) regulations for determining the cost of cleaning made necessary as a result of the failure to clean satisfactorily for which a member is liable under subsection (a)(2); and
(3) provisions for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.
(Added
Amendments
1986—Subsec. (a)(1).
Subsec. (b).
Subsec. (e).
1985—
Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (d).
Subsec. (e).
1984—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1982—Subsec. (c).
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1980, see section 608 of title VI of
Promulgation of Regulations and Applicability of 1984 Amendments
Section 801(b) of
"(1) Regulations shall be prescribed under subsection (e) of
"(2) The authority of the Secretary of Defense under subsection (b) of such section is applicable to any claim of the United States under such section, whether such claim arose before, on, or after the date of the enactment of this Act [Aug. 28, 1984]."
Section Referred to in Other Sections
This section is referred to in
§2776. Use of receipts of public money for current expenditures
Without deposit to the credit of the Secretary of the Treasury and without withdrawal on money requisitions, a disbursing official of the Department of Defense may use receipts of public money charged in the disbursing official's accounts (except receipts to be credited to river, harbor, and flood control appropriations) for current expenditures, with necessary bookkeeping adjustments being made.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2776 | 31:493a. | Aug. 1, 1953, ch. 305, §611, |
The words "disbursing official" are substituted for "officer . . . on disbursing duty" for consistency with other titles of the United States Code. The words "On and after August 1, 1953" are omitted as executed. The words "Secretary of the Treasury" are substituted for "Treasury of the United States" because of section 1(a) of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950,
Prior Provisions
Act Aug. 1, 1953, cited as the source of this section in the Historical and Revision Notes above, is known as the Department of Defense Appropriation Act, 1954. Similar provisions were contained in the following appropriation acts:
July 10, 1952, ch. 630, title VI, §613,
Oct. 18, 1951, ch. 512, title VI, §613,
Sept. 6, 1950, ch. 896, Ch. X, title VI, §615,
Oct. 29, 1949, ch. 787, title VI, §618,
June 24, 1948, ch. 632,
July 30, 1947, ch. 357, title I, §1,
July 16, 1946, ch. 583, §1,
July 3, 1945, ch. 265, §1,
June 28, 1944, ch. 303, §1,
July 1, 1943, ch. 185, §1,
July 2, 1942, ch. 477, §1,
June 30, 1941, ch. 262, §1,
June 13, 1940, ch. 343, §1,
Apr. 26, 1939, ch. 88, §1,
June 11, 1938, ch. 347, §1,
July 1, 1937, ch. 423, §1,
§2777. Requisitions for advances and removal of charges outstanding in accounts of advances
(a) The Secretary of a military department may issue to a disbursing official or agent of the department a requisition for an advance of not more than the total appropriation for the department. The amount advanced shall be—
(1) under an "account of advances" for the department;
(2) on a proper voucher;
(3) only for obligations payable under specific appropriations;
(4) charged to, and within the limits of, each specific appropriation; and
(5) returned to the account of advances.
(b) A charge outstanding in an account of advances of a military department shall be removed by crediting the account of advances of the department and deducting the amount of the charge from an appropriation made available for advances to the department when—
(1) relief has been granted or may be granted later to a disbursing official or agent of the department operating under an account of advances and under a law having no provision for removing charges outstanding in an account of advances; or
(2) the charge has been—
(A) outstanding in the account of advances of the department for 2 complete fiscal years; and
(B) certified by the head of the department as uncollectable.
(c) Subsection (b) does not affect the financial liability of a disbursing official or agent.
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2777(a) | 31:536, 537. | June 5, 1920, ch. 240 (1st, 2d pars. under heading "Advances to Disbursing Officers"), |
31:539, 540. | June 19, 1878, ch. 312, §§1, 2, |
|
2777(b), (c) | 31:95b (related to Army, Navy, Air Force). | June 4, 1954, ch. 264, §1 (related to Army, Navy, Air Force), |
In the section, the words "disbursing official" are substituted for "disbursing officers" for consistency with other titles of the United States Code.
In subsection (a), before clause (1), the words "Secretary of a military department" are substituted for "Secretary of the Army" in 31:536 and for "Secretary of the Navy" in 31:539 because of 10:101(7). The title of Secretary of War was changed to Secretary of the Army by section 205(a) of the Act of July 26, 1947 (ch. 343,
In subsection (b), before clause (1), the word "appropriate" is omitted as surplus. The words "deducting the amount of the charge from" are substituted for "debiting" for clarity. In clause (2)(B), the word "concerned" is omitted as surplus.
In subsection (c), the words "in any way" and "of the United States" are omitted as surplus.
Amendments
1996—Subsec. (b)(2)(B).
1984—Subsec. (c).
[§2778. Repealed. Pub. L. 104–316, title I, §105(d), Oct. 19, 1996, 110 Stat. 3830 ]
Section, added
§2779. Use of funds because of fluctuations in currency exchange rates of foreign countries
(a)
(A) when the funds are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the funds were originally transferred; and
(B) because of subsequent favorable fluctuations in the rates or because other funds are, or become, available to pay the obligations.
(2) A transfer back to the Foreign Currency Fluctuations, Defense appropriation may not be made after the end of the second fiscal year after the fiscal year that the appropriation to which the funds were originally transferred is available for obligation.
(b)
(2) Funds provided under this subsection are merged with and are available for the same purpose and for the same time period as the appropriation to which they are applied. An authorization or limitation limiting the amount that may be obligated or spent is increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission.
(3) An obligation payable in the currency of a foreign country may be recorded as an obligation based on exchange rates used in preparing a budget submission. A change reflecting fluctuations in the exchange rate may be recorded as a disbursement is made.
(c)
(d)
(2) Any transfer from an appropriation under paragraph (1) shall be made not later than the end of the second fiscal year following the fiscal year for which the appropriation is provided.
(3) Any transfer made pursuant to the authority provided in this subsection shall be limited so that the amount in the appropriation "Foreign Currency Fluctuations, Defense" does not exceed $970,000,000 at the time the transfer is made.
(e)
(Added
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2779(a) | 31:628–2. | July 25, 1979, |
2779(b) | 31:628–3. | Nov. 30, 1979, |
In subsection (a)(1), before clause (A), the words "during the current fiscal year or on and after July 25, 1979" are omitted as executed. The words "from an appropriation to which they were transferred" are omitted as surplus. In clause (A), the words "of foreign countries" are added for consistency.
In subsection (a)(2), the words "back to the Foreign Currency Fluctuations, Defense appropriation" are substituted for "authorized by this provision" for clarity.
In subsection (b)(1), the words "the sum of", "which shall be derived", and "to appropriations and funds" are omitted as surplus. The word "only" is added for clarity. The words "for those appropriations or funds" are omitted as surplus. The words "available during fiscal year 1980, or thereafter" are omitted as executed. The words "Department of Defense" are substituted for "military departments and Defense agencies" because of 10:101(5).
In subsection (b)(2), the words "or fund" are omitted as surplus. The words "now or on and after November 30, 1979" are omitted as executed. The words "contained within appropriations or other provisions of law", "hereby", and "applicable" are omitted as surplus.
In subsection (b)(3), the words "contracts or other . . . entered into" are omitted as surplus.
Prior Provisions
Provisions similar to those in subsec. (d) of this section were contained in
Amendments
1996—Subsec. (a).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1990—Subsec. (b)(4).
Effective Date of 1996 Amendment
Section 911(f) of
§2780. Debt collection
(a)(1) Subject to paragraph (2), the Secretary of Defense shall enter into one or more contracts with a person for collection services to recover indebtedness owed to the United States (arising out of activities related to Department of Defense) that is delinquent by more than three months.
(2) The authority of the Secretary to enter into a contract under this section for any fiscal year is subject to the availability of appropriations.
(3) Any such contract shall provide that the person submit to the Secretary a status report on the person's success in collecting such debts at least once each six months.
(b) The Secretary shall disclose to consumer reporting agencies, in accordance with paragraph (1) of
(Added
Amendments
1996—Subsec. (b).
Contracts for Recovery of Indebtedness
§2781. Availability of appropriations: exchange fees; losses in accounts
Amounts appropriated to the Department of Defense may be used for—
(1) exchange fees; and
(2) losses in the accounts of disbursing officials and agents in accordance with law.
(Added
Historical and Revision Notes
Section is based on
§2782. Damage to real property: disposition of amounts recovered
Except as provided in
(Added
Prior Provisions
A prior section 2782, added
§2783. Nonappropriated fund instrumentalities: financial management and use of nonappropriated funds
(a)
(1) the purposes for which nonappropriated funds of a nonappropriated fund instrumentality of the United States within the Department of Defense may be expended; and
(2) the financial management of such funds to prevent waste, loss, or unauthorized use.
(b)
(2) The Secretary shall provide in regulations that a violation of the regulations prescribed under subsection (a) by a person subject to
(c)
(A) a violation by another person of any law, rule, or regulation regarding the management of such funds; or
(B) other mismanagement or gross waste of such funds.
(2) The Secretary of Defense shall designate civilian employees of the Department of Defense or members of the armed forces to receive a notification described in paragraph (1) and ensure the prompt investigation of the validity of information provided in the notification.
(3) The Secretary shall prescribe regulations to protect the confidentiality of a person making a notification under paragraph (1).
(Added
Amendments
1993—
Subsec. (b)(2).
Subsec. (c)(1).
Standardization of Certain Programs and Activities of Military Exchanges
Section 361 of
"(a)
"(1) Accounting (including account titles and item descriptions).
"(2) Financial reporting formats.
"(3) Automatic data processing and telecommunications data in order to facilitate the transfer of information among military exchanges.
"(b)
"(c)
§2784. Management of credit cards
(a)
(b)
(1) That there is a record in the Department of Defense of each holder of a credit card issued by the Department of Defense for official use, annotated with the limitations on amounts that are applicable to the use of each such card by that credit card holder.
(2) That the holder of a credit card and each official with authority to authorize expenditures charged to the credit card are responsible for—
(A) reconciling the charges appearing on each statement of account for that credit card with receipts and other supporting documentation; and
(B) forwarding that statement after being so reconciled to the designated disbursing office in a timely manner.
(3) That any disputed credit card charge, and any discrepancy between a receipt and other supporting documentation and the credit card statement of account, is resolved in the manner prescribed in the applicable Government-wide credit card contract entered into by the Administrator of General Services.
(4) That payments on credit card accounts are made promptly within prescribed deadlines to avoid interest penalties.
(5) That rebates and refunds based on prompt payment on credit card accounts are properly recorded.
(6) That records of each credit card transaction (including records on associated contracts, reports, accounts, and invoices) are retained in accordance with standard Government policies on the disposition of records.
(Added
Regulations
§2785. Remittance addresses: regulation of alterations
The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall prescribe regulations setting forth controls on alteration of remittance addresses. Those regulations shall ensure that—
(1) a remittance address for a disbursement that is provided by an officer or employee of the Department of Defense authorizing or requesting the disbursement is not altered by any officer or employee of the department authorized to prepare the disbursement; and
(2) a remittance address for a disbursement is altered only if the alteration—
(A) is requested by the person to whom the disbursement is authorized to be remitted; and
(B) is made by an officer or employee authorized to do so who is not an officer or employee referred to in paragraph (1).
(Added
Regulations
§2786. Department of Defense payments by electronic transfers of funds: exercise of authority for waivers
With respect to any Federal payment of funds covered by
(Added
Savings Provision
[CHAPTER 167 —REPEALED]
[§2791. Repealed. Pub. L. 104–201, div. A, title XI, §1121(b), Sept. 23, 1996, 110 Stat. 2687 ]
Section, added
Effective Date of Repeal
Repeal effective Oct. 1, 1996, see section 1124 of
[§2792. Renumbered §451]
[§2793. Renumbered §452]
[§2794. Renumbered §453]
[§2795. Renumbered §454]
[§2796. Renumbered §455]
[§2797. Repealed. Pub. L. 104–201, div. A, title XI, §1121(b), Sept. 23, 1996, 110 Stat. 2687 ]
Section, added
Effective Date of Repeal
Repeal effective Oct. 1, 1996, see section 1124 of
[§2798. Renumbered §456]
CHAPTER 169 —MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
Amendments
1996—
SUBCHAPTER I—MILITARY CONSTRUCTION
Amendments
1999—
1996—
1994—
1993—
1991—
1989—
1987—
1986—
1985—
§2801. Scope of chapter; definitions
(a) The term "military construction" as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation.
(b) A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
(c) In this chapter:
(1) The term "facility" means a building, structure, or other improvement to real property.
(2) The term "military installation" means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense.
(3) The term "Secretary concerned" includes the Secretary of Defense with respect to matters concerning the Defense Agencies.
(4) The term "appropriate committees of Congress" means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(d) This chapter (other than sections 2830 and 2835) does not apply to the Coast Guard or to civil works projects of the Army Corps of Engineers.
(Added
Amendments
1999—Subsec. (c)(4).
1996—Subsec. (c)(4).
1992—Subsec. (c)(4).
Subsec. (d).
1987—Subsec. (c).
Subsec. (c)(3).
Subsec. (d).
Effective Date
Section 12 of
"(a) Except as provided in subsection (b), the amendments made by this Act [see Short Title of 1982 Amendment note below] shall take effect on October 1, 1982, and shall apply to military construction projects, and to construction and acquisition of military family housing, authorized before, on, or after such date.
"(b) The amendment made by section 4 [amending section 138(f)(1) [now 114(b)] of this title] shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1983."
Short Title of 1982 Amendment
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§2802. Military construction projects
(a) The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects as are authorized by law.
(b) Authority provided by law to carry out a military construction project includes authority for—
(1) surveys and site preparation;
(2) acquisition, conversion, rehabilitation, and installation of facilities;
(3) acquisition and installation of equipment and appurtenances integral to the project;
(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; and
(5) planning, supervision, administration, and overhead incident to the project.
(Added
Effective Date
For effective date and applicability of section, see section 12(a) of
Reports Relating to Military Construction for Facilities Supporting New Weapon Systems
"(a)
"(1) the site or sites selected or planned for permanent basing of the planned force of that weapon system;
"(2) the rationale for selecting such site or sites; and
"(3) the military construction activities proposed for each such site.
"(b)
§2803. Emergency construction
(a) Subject to subsections (b) and (c), the Secretary concerned may carry out a military construction project not otherwise authorized by law if the Secretary determines (1) that the project is vital to the national security or to the protection of health, safety, or the quality of the environment, and (2) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.
(b) When a decision is made to carry out a military construction project under this section, the Secretary concerned shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, (2) the justification for carrying out the project under this section, and (3) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees.
(c)(1) The maximum amount that the Secretary concerned may obligate in any fiscal year under this section is $30,000,000.
(2) A project carried out under this section shall be carried out within the total amount of funds appropriated for military construction that have not been obligated.
(Added
Amendments
1992—Subsec. (b).
1991—Subsec. (a).
Subsec. (b).
Effective Date of 1992 Amendment
Section 1053(9) of
Effective Date
For effective date and applicability of section, see section 12(a) of
§2804. Contingency construction
(a) Within the amount appropriated for such purpose, the Secretary of Defense may carry out a military construction project not otherwise authorized by law, or may authorize the Secretary of a military department to carry out such a project, if the Secretary of Defense determines that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or national interest.
(b) When a decision is made to carry out a military construction project under this section, the Secretary of Defense shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, and (2) the justification for carrying out the project under this section. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees.
(Added
Amendments
1991—Subsec. (b).
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2805. Unspecified minor construction
(a)(1) Except as provided in paragraph (2), within an amount equal to 125 percent of the amount authorized by law for such purpose, the Secretary concerned may carry out unspecified minor military construction projects not otherwise authorized by law. An unspecified minor military construction project is a military construction project that has an approved cost equal to or less than $1,500,000. However, if the military construction project is intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening, an unspecified minor military construction project may have an approved cost equal to or less than $3,000,000.
(2) A Secretary may not use more than $5,000,000 for exercise-related unspecified minor military construction projects coordinated or directed by the Joint Chiefs of Staff outside the United States during any fiscal year.
(b)(1) An unspecified minor military construction project costing more than $500,000 may not be carried out under this section unless approved in advance by the Secretary concerned. This paragraph shall apply even though the project is to be carried out using funds made available to enhance the deployment and mobility of military forces and supplies.
(2) When a decision is made to carry out an unspecified minor military construction project to which paragraph (1) is applicable, the Secretary concerned shall notify in writing the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by the committees.
(c)(1) Except as provided in paragraphs (2) and (3), the Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified minor military construction project costing not more than—
(A) $1,000,000, in the case of an unspecified minor military construction project intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening; or
(B) $500,000, in the case of any other unspecified minor military construction project.
(2) The authority provided in paragraph (1) may not be used with respect to any exercise-related unspecified minor military construction project coordinated or directed by the Joint Chiefs of Staff outside the United States.
(3) The limitations specified in paragraph (1) shall not apply to an unspecified minor military construction project if the project is to be carried out using funds made available to enhance the deployment and mobility of military forces and supplies.
(d) Military family housing projects for construction of new housing units may not be carried out under the authority of this section.
(Added
Amendments
1997—Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
1996—Subsec. (a)(1).
Subsec. (c)(1).
Subsec. (c)(1)(B).
1991—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (c)(1).
1990—Subsec. (b)(3).
1987—Subsec. (a).
Subsec. (c).
1986—Subsec. (a).
Subsec. (b)(1).
Subsec. (c).
1985—Subsec. (a).
Subsec. (c).
Effective Date
For effective date and applicability of section, see section 12(a) of
Department of Defense Laboratory Revitalization Demonstration Program
Section 2892 of
"(a)
"(b)
"(1) the amount provided in the second sentence of subsection (a)(1) of
"(2) the amount provided in subsection (b)(1) of such section shall be deemed to be $1,500,000; and
"(3) the amount provided in subsection (c)(1)(B) of such section shall be deemed to be $1,000,000.
"(c)
"(2) The laboratories at which construction may be carried out under the program may not include Department of Defense laboratories that are contractor-owned.
"(d)
"(e)
"(f)
"(1) The term 'laboratory' includes—
"(A) a research, engineering, and development center;
"(B) a test and evaluation activity owned, funded, and operated by the Federal Government through the Department of Defense; and
"(C) a supporting facility of a laboratory.
"(2) The term 'supporting facility', with respect to a laboratory, means any building or structure that is used in support of research, development, test, and evaluation at the laboratory.
"(g)
Initial Establishment of Certain Amounts Required To Be Specified by Law
Maximum amount of $1,000,000 for unspecified minor military construction project under this section during the period beginning Oct. 1, 1982, and ending on the date of the enactment of the Military Construction Authorization Act for fiscal year 1984 or Oct. 1, 1983, whichever is later, see section 11(1) of
Section Referred to in Other Sections
This section is referred to in
§2806. Contributions for North Atlantic Treaty Organizations Security Investment
(a) Within amounts authorized by law for such purpose, the Secretary of Defense may make contributions for the United States share of the cost of multilateral programs for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area.
(b) Funds may not be obligated or expended in connection with the North Atlantic Treaty Organization Security Investment program in any year unless such funds have been authorized by law for such program.
(c)(1) The Secretary may make contributions in excess of the amount appropriated for contribution under subsection (a) if the amount of the contribution in excess of that amount does not exceed 200 percent of the amount specified by
(2) If the Secretary determines that the amount appropriated for contribution under subsection (a) in any fiscal year must be exceeded by more than the amount authorized under paragraph (1), the Secretary may make contributions in excess of such amount, but not in excess of 125 percent of the amount appropriated (A) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of the funds to be used for the increase, and (B) after a period of 21 days has elapsed from the date of receipt of the report.
(Added
Amendments
1996—
Subsec. (b).
1991—Subsec. (c)(2)(B).
1987—Subsec. (c)(1).
1986—Subsec. (a).
1982—
Change of Name
Section 2802(b) of
Effective Date of 1986 Amendment
Section 2503(b) of
Effective Date
For effective date and applicability of section, see section 12(a) of
Restriction on Certain Funding
Section 2504 of
Section Referred to in Other Sections
This section is referred to in
§2807. Architectural and engineering services and construction design
(a) Within amounts appropriated for military construction and military family housing, the Secretary concerned may obtain architectural and engineering services and may carry out construction design in connection with military construction projects, family housing projects, and projects undertaken in connection with the authority provided under
(b) In the case of architectural and engineering services and construction design to be undertaken under subsection (a) for which the estimated cost exceeds $500,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services not less than 21 days before the initial obligation of funds for such services.
(c) If the Secretary concerned determines that the amount authorized for activities under subsection (a) in any fiscal year must be increased the Secretary may proceed with activities at such higher level (1) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of funds to be used for the increase, and (2) after a period of 21 days has elapsed from the date of receipt of the report.
(d) For architectural and engineering services and construction design related to military construction and family housing projects, the Secretaries of the military departments may incur obligations for contracts or portions of contracts using military construction and family housing appropriations from different fiscal years to the extent that those appropriations are available for obligation.
(Added
Amendments
1998—Subsec. (b).
Subsec. (d).
1991—Subsec. (c)(2).
1986—Subsec. (b).
Subsec. (d).
1983—Subsec. (a).
Effective Date of 1986 Amendment
Section 2712(b) of
Effective Date
For effective date and applicability of section, see section 12(a) of
Architectural and Engineering Services and Construction Design Contracts for Military Construction Projects
Small Business Set-Aside for Architectural and Engineering Services and Construction Design
Section 806 of
"(a) The Secretary of Defense shall conduct a comprehensive review of current policies and practices of the Department of Defense with regard to the award of contracts for architectural and engineering services and construction design for military construction projects. The Secretary shall conduct such review with a view to determining whether current policies and practices of the Department of Defense result in a reasonable distribution of such contracts to firms of all sizes throughout the architect-engineer community.
"(b) Upon the completion of such review, the Secretary shall modify current policies and practices of the Department to the extent necessary to ensure—
"(1) that small business concerns (as defined in section 3 of the Small Business Act [
"(2) that large architect-engineer firms are not precluded from competing for such contracts when the estimated amount of such contracts is greater than a reasonable threshold amount prescribed by the Secretary.
"(c) Not later than March 1, 1984, the Secretary shall submit to the appropriate committees of Congress a written report on the results of the review required by subsection (a) and on any changes made to current policies and practices as required by subsection (b).
"(d) For the purposes of this section:
"(1) The term 'reasonable share' means an appropriate percentage share of all contracts referred to in subsection (a) as determined by the Secretary of Defense after consultation with the Admininstrator [sic] of the Small Business Administration and representatives of the architect-engineer community.
"(2) The term 'reasonable threshold amount' means an appropriate estimated contract dollar amount determined by the Secretary of Defense after consultation with the Administrator of the Small Business Administration and representatives of the architect-engineer community."
Initial Establishment of Certain Amounts Required To Be Specified by Law
Amounts of $300,000 or more for contracts for architectural and engineering services or construction design subject to the reporting requirement under this section during the period beginning on Oct. 1, 1982, and ending on the date of the Military Construction Authorization Act for fiscal year 1984 or Oct. 1, 1983, whichever is later, see section 11(2) of
Section Referred to in Other Sections
This section is referred to in
§2808. Construction authority in the event of a declaration of war or national emergency
(a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (
(b) When a decision is made to undertake military construction projects authorized by this section, the Secretary of Defense shall notify the appropriate committees of Congress of the decision and of the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects.
(c) The authority described in subsection (a) shall terminate with respect to any war or national emergency at the end of the war or national emergency.
(Added
References in Text
The National Emergencies Act (
Prior Provisions
Provisions similar to those in this section were contained in
Effective Date
For effective date and applicability of section, see section 12(a) of
Ex. Ord. No. 12734. National Emergency Construction Authority
Ex. Ord. No. 12734, Nov. 14, 1990, 55 F.R. 48099, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (
This order is effective immediately and shall be transmitted to the Congress and published in the Federal Register.
George Bush.
§2809. Long-term facilities contracts for certain activities and services
(a)
(1) the Secretary concerned has identified the proposed project for that facility in the budget material submitted to Congress by the Secretary of Defense in connection with the budget submitted pursuant to
(2) the Secretary concerned has determined that the services to be provided at that facility can be more economically provided through the use of a long-term contract than through the use of conventional means; and
(3) the project has been authorized by law.
(b)
(1) Child care services.
(2) Utilities, including potable and waste water treatment services.
(3) Depot supply activities.
(4) Troop housing.
(5) Transient quarters.
(6) Hospital or medical facilities.
(7) Other logistic and administrative services, other than depot maintenance.
(c)
(1) A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project.
(2) A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that project for that fiscal year.
(3) A statement that such a commitment given under the authority of this section does not constitute an obligation of the United States.
(d)
(e)
(f)
(1) the Secretary concerned submits to the appropriate committees of Congress, in writing, a justification of the need for the facility for which the contract is to be awarded and an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost effective when compared with alternative means of furnishing the same facility; and
(2) a period of 21 calendar days has expired following the date on which the justification and the economic analysis are received by the committees.
(Added
Amendments
1991—
1989—Subsec. (a)(1)(B)(ii).
Subsec. (b).
Subsec. (c).
1988—Subsec. (a)(3).
1987—Subsec. (a)(1)(B)(vi), (vii).
Subsec. (c).
1986—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4)(A).
Subsec. (b).
Effective Date of 1991 Amendment
Section 2805(b) of
Effective Date of 1988 Amendment
Amendment by
Report
Section 2302(c) of
§2810. Construction projects for environmental response actions
(a) Subject to subsection (b), the Secretary of Defense may carry out a military construction project not otherwise authorized by law (or may authorize the Secretary of a military department to carry out such a project) if the Secretary of Defense determines that the project is necessary to carry out a response action under
(b)(1) When a decision is made to carry out a military construction project under this section, the Secretary of Defense shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include—
(A) the justification for the project and the current estimate of the cost of the project; and
(B) the justification for carrying out the project under this section.
(2) The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees.
(c) In this section, the term "response action" has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(Added
References in Text
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (a), is
Codification
Another
§2811. Repair of facilities
(a)
(b)
(c)
(d)
(1) the justification for the repair project and the current estimate of the cost of the project; and
(2) the justification for carrying out the project under this section.
(e)
(Added
Amendments
1997—Subsecs. (d), (e).
1994—
"(a) The Secretary concerned may carry out renovation projects that combine maintenance, repair, and minor construction projects for an entire single-purpose facility, or one or more functional areas of a multipurpose facility, using funds available for operations and maintenance.
"(b) The amount obligated on such a renovation project may not exceed the maximum amount specified by law for a minor construction project under
"(c) Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section."
§2812. Lease-purchase of facilities
(a)(1) The Secretary concerned may enter into an agreement with a private contractor for the lease of a facility of the kind specified in paragraph (2) if the facility is provided at the expense of the contractor on a military installation under the jurisdiction of the Department of Defense.
(2) The facilities that may be leased pursuant to paragraph (1) are as follows:
(A) Administrative office facilities.
(B) Troop housing facilities.
(C) Energy production facilities.
(D) Utilities, including potable and waste water treatment facilities.
(E) Hospital and medical facilities.
(F) Transient quarters.
(G) Depot or storage facilities.
(H) Child care centers.
(I) Classroom and laboratories.
(b) Leases entered into under subsection (a)—
(1) may not exceed a term of 32 years;
(2) shall provide that, at the end of the term of the lease, title to the leased facility shall vest in the United States; and
(3) shall include such other terms and conditions as the Secretary concerned determines are necessary or desirable to protect the interests of the United States.
(c)(1) The Secretary concerned may not enter into a lease under this section until—
(A) the Secretary submits to the appropriate committees of Congress a justification of the need for the facility for which the proposed lease is being entered into and an economic analysis (based upon accepted life-cycle costing procedures) that demonstrates the cost effectiveness of the proposed lease compared with a military construction project for the same facility; and
(B) a period of 21 days has expired following the date on which the justification and economic analysis are received by the committees.
(2) Each Secretary concerned may, under this section, enter into—
(A) not more than three leases in fiscal year 1990; and
(B) not more than five leases in each of the fiscal years 1991 and 1992.
(d) Each lease entered into under this section shall include a provision that the obligation of the United States to make payments under the lease in any fiscal year is subject to the availability of appropriations for that purpose.
(Added
Amendments
1990—Subsec. (a)(2)(I).
§2813. Acquisition of existing facilities in lieu of authorized construction
(a)
(1) the acquisition of the facility satisfies the requirements of the military department concerned for the authorized military construction project; and
(2) it is in the best interests of the United States to acquire the facility instead of carrying out the authorized military construction project.
(b)
(2) The costs of anticipated modifications, repairs, or conversions under paragraph (1) are required to remain within the authorized amount of the military construction project. The Secretary concerned shall consider such costs in determining whether the acquisition of an existing facility is—
(A) more cost effective than carrying out the authorized military construction project; and
(B) in the best interests of the United States.
(c)
(Added
Amendments
1996—Subsec. (c).
Effective Date
Section 2805(b) of
§2814. Special authority for development of Ford Island, Hawaii
(a)
(2) The Secretary of the Navy may not exercise any authority under this section until—
(A) the Secretary submits to the appropriate committees of Congress a master plan for the development of Ford Island, Hawaii; and
(B) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees.
(b)
(A) is excess to the needs of the Navy and all of the other armed forces; and
(B) will promote the purpose of this section.
(2) A conveyance under this subsection may include such terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
(c)
(A) is not needed for current operations of the Navy and all of the other armed forces; and
(B) will promote the purpose of this section.
(2) A lease under this subsection shall be subject to
(3) A lease of real property under this subsection may provide that, upon termination of the lease term, the lessee shall have the right of first refusal to acquire the real property covered by the lease if the property is then conveyed under subsection (b).
(4)(A) The Secretary may provide property support services to or for real property leased under this subsection.
(B) To the extent provided in appropriations Acts, any payment made to the Secretary for services provided under this paragraph shall be credited to the appropriation, account, or fund from which the cost of providing the services was paid.
(d)
(2) The term of a lease under paragraph (1) may not exceed 10 years, unless the Secretary of Defense approves a term in excess of 10 years for purposes of this section.
(3) A lease under this subsection may provide that, upon termination of the lease term, the United States shall have the right of first refusal to acquire the facility covered by the lease.
(e)
(f)
(2) Subject to subsection (i), the services accepted by the Secretary under paragraph (1) may include the following:
(A) The construction or improvement of facilities at Ford Island.
(B) The restoration or rehabilitation of real property at Ford Island.
(C) The provision of property support services for property or facilities at Ford Island.
(g)
(1) the Secretary submits to the appropriate committees of Congress a notification of the transaction, including—
(A) a detailed description of the transaction; and
(B) a justification for the transaction specifying the manner in which the transaction will meet the purposes of this section; and
(2) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees.
(h)
(2) There shall be deposited into the account the following amounts:
(A) Amounts authorized and appropriated to the account.
(B) Except as provided in subsection (c)(4)(B), the amount of any cash payment received by the Secretary for a transaction under this section.
(i)
(A) To carry out or facilitate the carrying out of a transaction authorized by this section.
(B) To carry out improvements of property or facilities at Ford Island.
(C) To obtain property support services for property or facilities at Ford Island.
(2) To extent that the authorities provided under subchapter IV of this chapter are available to the Secretary of the Navy, the Secretary may not use the authorities in this section to acquire, construct, or improve family housing units, military unaccompanied housing units, or ancillary supporting facilities related to military housing.
(3)(A) The Secretary may transfer funds from the Ford Island Improvement Account to the following funds:
(i) The Department of Defense Family Housing Improvement Fund established by
(ii) The Department of Defense Military Unaccompanied Housing Improvement Fund established by
(B) Amounts transferred under subparagraph (A) to a fund referred to in that subparagraph shall be available in accordance with the provisions of
(j)
(1)
(2) Section 501 of the Stewart B. McKinney Homeless Assistance Act (
(3) Sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (
(k)
(l)
(1) Any utility service or other service listed in
(2) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities.
(Added
References in Text
The Balanced Budget Emergency Deficit Control Act of 1985, referred to in subsec. (k), probably means the Balanced Budget and Emergency Deficit Control Act of 1985, which is title II of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—MILITARY FAMILY HOUSING
Amendments
1994—
1991—
1985—
§2821. Requirement for authorization of appropriations for construction and acquisition of military family housing
(a) Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law.
(b) In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such subsection.
(c) Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fixtures installed in such units, and (5) construction supervision, inspection, and overhead.
(d) Amounts authorized by law for construction and acquisition of military family housing and facilities include amounts for—
(1) minor construction;
(2) improvements to existing military family housing units and facilities;
(3) relocation of military family housing units under
(4) architectural and engineering services and construction design.
(Added
Amendments
1985—Subsec. (b).
Subsec. (d).
Effective Date
For effective date and applicability of section, see section 12(a) of
Repair and Maintenance of Family Housing Units
Pilot Program for Military Family Housing
Military Housing Rental Guarantee Program
Family Housing Constructed Overseas
"(a) The Secretary of Defense shall ensure that any contract entered into for the construction of military family housing for the Department of Defense in a foreign country shall (1) require the use of manufactured or factory-built housing which is fabricated in the United States by a United States contractor, or (2) in the case of concrete housing, the use of housing (A) that is produced in a plant that was fabricated in the United States by a United States company, and (B) for which the materials, fixtures, and equipment used in the construction of such housing (other than cement, sand, and aggregates) are manufactured in the United States.
"(b) The Secretary of Defense may waive subsection (a) with respect to not more than 10 percent of the total number of military family housing units authorized to be constructed in foreign countries in any year if the Secretary determines that with respect to such units compliance with the requirement in such subsection is infeasible.
"(c) This section shall apply to any contract entered into after the date of the enactment of this Act [Oct. 11, 1983]."
Section Referred to in Other Sections
This section is referred to in
§2822. Requirement for authorization of number of family housing units
(a) Except as otherwise provided in subsection (b) or as otherwise authorized by law, the Secretary concerned may not construct or acquire military family housing units unless the number of units to be constructed or acquired has been specifically authorized by law.
(b) Subsection (a) does not apply to the following:
(1) Housing units acquired under section 404 of the Housing Amendments of 1955 (
(2) Housing units leased under
(3) Housing units acquired under the Homeowners Assistance Program referred to in
(4) Housing units acquired without consideration.
(5) Replacement housing units constructed under
(Added
Amendments
1992—Subsec. (b)(5).
1991—Subsec. (b)(4).
1990—Subsec. (b)(4).
"(A) the Secretary concerned provides to the appropriate committees of Congress written notification of the facts concerning the proposed acquisition; and
"(B) a period of 21 days elapses after the notification is received by those committees."
1987—Subsec. (b)(4).
1984—Subsec. (b)(3).
Effective Date
For effective date and applicability of section, see section 12(a) of
§2823. Determination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing
(a) Before entering into a contract for the construction of family housing units authorized by law to be constructed at a location within the United States, the Secretary concerned shall consult in writing with the Secretary of Housing and Urban Development as to the availability of suitable alternative housing at such location. The Secretary of Housing and Urban Development shall advise the Secretary concerned in writing as to the availability of such housing. If the Secretary of Housing and Urban Development does not advise the Secretary concerned as to the availability of such housing within 21 days of the date on which the request for such advice is made, the Secretary concerned may enter into a contract for the proposed construction.
(b) If the Secretary concerned and the Secretary of Housing and Urban Development agree that suitable alternative housing is available at a location at which military family housing units are authorized to be constructed, the Secretary may not proceed with such construction.
(c) The Secretary of Defense shall prescribe regulations to define what constitutes suitable alternative housing for the purposes of this section.
(Added
Amendments
1997—Subsecs. (b) to (d).
Effective Date
For effective date and applicability of section, see section 12(a) of
§2824. Authorization for acquisition of existing family housing in lieu of construction
(a) In lieu of constructing any family housing units authorized by law to be constructed, the Secretary concerned may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Secretary concerned may acquire less than sole interest in existing family housing units.
(b) When authority provided by law to construct military family housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land.
(c) The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in
(d) Family housing units may not be acquired under this section through the exercise of eminent domain authority.
(Added
Amendments
1996—Subsec. (c).
Effective Date
For effective date and applicability of section, see section 12(a) of
§2825. Improvements to family housing units
(a)(1) Authority provided by law to improve existing military family housing units and ancillary family housing support facilities is authority to make alterations, additions, expansions, and extensions.
(2) In this section, the term "improvement" includes rehabilitation of a housing unit and major maintenance or repair work to be accomplished concurrently with an improvement project. Such term does not include day-to-day maintenance and repair work.
(b)(1) Funds may not be expended for the improvement of any single family housing unit, or for the improvement of two or more housing units that are to be converted into or are to be used as a single family housing unit, if the cost per unit of such improvement will exceed (A) $50,000 multiplied by the area construction cost index as developed by the Department of Defense for the location concerned at the time of contract award, or (B) in the case of improvements necessary to make the unit suitable for habitation by a handicapped person, $60,000 multiplied by such index. The Secretary concerned may waive the limitations contained in the preceding sentence if (i) such Secretary determines that, considering the useful life of the structure to be improved and the useful life of a newly constructed unit and the cost of construction and of operation and maintenance of each kind of unit over its useful life, the improvement will be cost-effective, and (ii) a period of 21 days elapses after the date on which the appropriate committees of Congress receive a notice from such Secretary of the proposed waiver, together with an economic analysis demonstrating that the improvement will be cost effective.
(2) In determining the applicability of the limitation contained in paragraph (1), the Secretary concerned shall include as part of the cost of the improvement of the unit or units concerned the following:
(A) The cost of major maintenance or repair work undertaken in connection with the improvement.
(B) Any cost, other than the cost of activities undertaken beyond a distance of five feet from the unit or units concerned, in connection with—
(i) the furnishing of electricity, gas, water, and sewage disposal;
(ii) the construction or repair of roads, drives, and walks; and
(iii) grading and drainage work.
(3) The limitation contained in the first sentence of paragraph (1) does not apply to a project for the improvement of a family housing unit or units referred to in that sentence if the project (including the amount requested for the project) is identified in the budget materials submitted to Congress by the Secretary of Defense in connection with the submission to Congress of the budget for a fiscal year pursuant to
(c)(1) The Secretary concerned may construct replacement military family housing units in lieu of improving existing military family housing units if—
(A) the improvement of the existing housing units has been authorized by law;
(B) the Secretary determines that the improvement project is no longer cost-effective after a review of post-design or bid cost estimates;
(C) the Secretary submits to the committees referred to in subsection (b)(1) a notice containing—
(i) an economic analysis demonstrating that the improvement project would exceed 70 percent of the cost of constructing replacement housing units intended for members of the armed forces in the same pay grade or grades as those members who occupy the existing housing units; and
(ii) if the replacement housing units are intended for members of the armed forces in a different pay grade or grades, a justification of the need for the replacement housing units based upon the long-term requirements of the armed forces in the location concerned; and
(D) a period of 21 days elapses after the date on which the Secretary submits the notice required by subparagraph (C).
(2) The amount that may be expended to construct replacement military family housing units under this subsection may not exceed the amount that is otherwise available to carry out the previously authorized improvement project.
(d) This section does not apply to projects authorized for restoration or replacement of housing units that have been damaged or destroyed.
(Added
Amendments
1996—Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
1994—Subsec. (b)(3).
1992—Subsecs. (c), (d).
1990—Subsec. (b)(1).
1989—Subsec. (b)(1).
1987—Subsec. (a)(2).
Subsec. (b)(1).
1986—Subsec. (b)(1).
Effective Date
For effective date and applicability of section, see section 12(a) of
Initial Establishment of Certain Amounts Required To Be Specified by Law
Maximum amount of $30,000 per unit for an improvement project for family housing units under this section during the period beginning Oct. 1, 1982, and ending on the date of the enactment of the Military Construction Authorization Act for fiscal year 1984 or Oct. 1, 1983, whichever is later, see section 11(3) of
Section Referred to in Other Sections
This section is referred to in
§2826. Limitations on space by pay grade
(a) In the construction, acquisition, and improvement of military family housing units, the following are the space limitations for the applicable numbers of bedrooms permitted for each pay grade:
Pay grade | Number of bedrooms | Net floor area (square feet) |
---|---|---|
0–7 and above | 4 | 2,100 |
0–6 | 4 | 1,700 |
0–4 and 0–5 | 4 | 1,550 |
3 | 1,400 | |
0–1 through 0–3; W–1 through W–4; and E–7 through E–9 | 5 | 1,550 |
4 | 1,450 | |
3 | 1,350 | |
2 | 950 | |
E–1 through E–6 | 5 | 1,550 |
4 | 1,350 | |
3 | 1,200 | |
2 | 950 |
(b) The applicable maximum net floor area prescribed by subsection (a) may be increased by 10 percent for the housing unit of an officer holding a special command position (as designated by the Secretary of Defense), for the housing unit of the commanding officer of a military installation, and for the senior noncommissioned officer of a military installation.
(c) The maximum net floor area prescribed by subsection (a) may be increased in any case by 5 percent if the Secretary concerned determines that the increase is in the best interest of the Government (1) to permit award of a turnkey construction contract to the contractor offering the most satisfactory proposal, or (2) to permit purchase, lease, or conversion of housing units. An increase in the maximum net floor area of a housing unit under subsection (b) when combined with an increase in the maximum net floor area of such unit under this subsection may not exceed 10 percent of the otherwise applicable limitation prescribed by subsection (a).
(d) The applicable maximum net floor area prescribed by subsection (a) may be increased by 300 square feet for a family housing unit in a location where harsh climatological conditions severely restrict outdoor activity for a significant part of each year, as determined by the Secretary concerned pursuant to regulations prescribed by the Secretary of Defense. The regulations shall apply uniformly to the armed forces.
(e) In the case of the acquisition by purchase of military family housing units for members of the armed forces in pay grades below pay grade O–6, the applicable maximum net floor area prescribed by subsection (a) may be increased by 20 percent if the Secretary concerned determines that the purchase of larger units is cost effective when compared to available units within the space limitations specified in that subsection.
(f)(1) The Secretary concerned may waive the provisions of subsection (a) with respect to a family housing unit leased in a foreign country if a suitable family housing unit within the applicable maximum net floor area prescribed by such subsection cannot be obtained.
(2) Subsection (a) does not apply to family housing units in foreign countries constructed or acquired by the Secretary of State for occupancy by members of the armed forces.
(g) The maximum net floor areas prescribed by this section apply to family housing provided to civilian personnel based upon civilian pay scale comparability with military pay grades, as determined by the Secretary of Defense.
(h) In this section, the term "net floor area" means the total number of square feet of the floor space inside the exterior walls of a structure, excluding the floor area of an unfinished basement, an unfinished attic, a utility space, a garage, a carport, an open or insect-screened porch, a stairwell, and any space used for a solar-energy system.
(i)(1) The Secretary concerned may waive the provisions of subsection (a) with respect to military family housing units constructed, acquired, or improved during the five-year period beginning on February 10, 1996.
(2) The total number of military family housing units constructed, acquired, or improved during any fiscal year in the period referred to in paragraph (1) shall be the total number of such units authorized by law for that fiscal year.
(Added
Amendments
1996—Subsec. (e).
Subsec. (i).
Subsec. (i)(1).
1991—Subsecs. (d) to (h).
1987—Subsec. (f).
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2827. Relocation of military family housing units
(a) Subject to subsection (b), the Secretary concerned may relocate existing military family housing units from any location where the number of such units exceeds requirements for military family housing to any military installation where there is a housing shortage.
(b) A contract to carry out a relocation of military family housing units under subsection (a) may not be awarded until (1) the Secretary concerned has notified the appropriate committees of Congress of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation, and (2) a period of 21 days has elapsed after the notification has been received by those committees.
(Added
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2828. Leasing of military family housing
(a)(1) Subject to paragraph (2), the Secretary of the military department concerned may lease housing facilities at or near a military installation in the United States, Puerto Rico, or Guam for assignment, without rental charge, as family housing to members of the armed forces and for assignment, with fair market rental charge, as family housing to civilian employees of the Department of Defense stationed at such installation.
(2) A lease may only be made under paragraph (1) if the Secretary concerned finds that there is a shortage of adequate housing at or near such military installation and that—
(A) the requirement for such housing is temporary;
(B) leasing would be more cost effective than construction or acquisition of new housing;
(C) family housing is required for personnel attending service school academic courses on permanent change of station orders;
(D) construction of family housing at such installation has been authorized by law but is not yet completed; or
(E) a military construction authorization bill pending in Congress includes a request for authorization of construction of family housing at such installation.
(b)(1) Not more than 10,000 family housing units may be leased at any one time under subsection (a).
(2) Except as provided in paragraphs (3) and (4), expenditures for the rental of housing units under subsection (a) (including the cost of utilities, maintenance, and operation) may not exceed $12,000 per unit per year.
(3) Not more than 500 housing units may be leased under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds $12,000 per unit per year but does not exceed $14,000 per unit per year.
(4) The Secretary of the Army may lease not more than eight housing units in the vicinity of Miami, Florida, for key and essential personnel, as designated by the Secretary, for the United States Southern Command for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation, including security enhancements) exceeds the expenditure limitations in paragraphs (2) and (3). The total amount for all leases under this paragraph may not exceed $280,000 per year, and no lease on any individual housing unit may exceed $60,000 per year.
(5) At the beginning of each fiscal year, the Secretary concerned shall adjust the maximum lease amount provided for under paragraphs (2), (3), and (4) for the previous fiscal year by the percentage (if any) by which the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, during the preceding fiscal year exceeds such Consumer Price Index for the fiscal year before such preceding fiscal year.
(c) The Secretary concerned may lease housing facilities in foreign countries for assignment, without rental charge, as family housing to members of the armed forces and for assignment, with or without rental charge, as family housing to civilian employees of the Department of Defense—
(1) under circumstances specified in clause (A), (B), (D), or (E) of subsection (a)(2);
(2) for incumbents of special command positions (as determined by the Secretary of Defense);
(3) in countries where excessive costs of housing or other lease terms would cause undue hardship on Department of Defense personnel; and
(4) in countries that prohibit leases by individual military or civilian personnel of the United States.
(d)(1) Leases of housing units in foreign countries under subsection (c) for assignment as family housing may be for any period not in excess of ten years, and the costs of such leases for any year may be paid out of annual appropriations for that year.
(2) The Secretary may enter into an agreement under this paragraph in connection with a lease entered into under subsection (c). Such an agreement—
(A) shall be for the purpose of compensating a developer for any costs resulting from the termination of the lease during the construction of the housing units that are to be occupied pursuant to the lease;
(B) may be for a period not in excess of three years; and
(C) shall include a provision that the obligation of the United States to make payments under the agreement in any fiscal year is subject to the availability of appropriations.
(e)(1) Expenditures for the rental of family housing in foreign countries (including the costs of utilities, maintenance, and operation) may not exceed $20,000 per unit per year, except that 450 units may be leased in foreign countries for not more than $25,000 per unit per year. These maximum lease amounts may be waived by the Secretary concerned with respect to not more than a total of 350 such units that are leased for incumbents of special positions or for personnel assigned to Defense Attache Offices or that are leased in countries where excessive costs of housing would cause undue hardship on Department of Defense personnel.
(2) In addition to the 450 units of family housing referred to in paragraph (1) for which the maximum lease amount is $25,000 per unit per year, the Secretary of the Navy may lease not more than 2,000 units of family housing in Italy, and the Secretary of the Army may lease not more than 500 units of family housing in Italy, subject to that maximum lease amount.
(3) In addition to the 450 units of family housing referred to in paragraph (1) for which the maximum lease amount is $25,000 per unit per year, the Secretary of the Army may lease not more than 800 units of family housing in Korea subject to that maximum lease amount.
(4) The Secretary concerned shall adjust the maximum lease amounts provided for under paragraphs (1), (2), and (3) for the previous fiscal year—
(A) for foreign currency fluctuations from October 1, 1987; and
(B) at the beginning of each fiscal year, by the percentage (if any) by which the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, during the preceding fiscal year exceeds such Consumer Price Index for the fiscal year before such preceding fiscal year.
(5) The maximum number of family housing units that may be leased in foreign countries under this section at any one time is 53,000.
(f) A lease for family housing facilities, or for real property related to family housing facilities, in a foreign country for which the average estimated annual rental during the term of the lease exceeds $500,000 may not be made under this section until (1) the Secretary concerned provides to the appropriate committees of Congress written notification of the facts concerning the proposed lease, and (2) a period of 21 days elapses after the notification is received by those committees.
(g) Appropriations available to the Department of Defense for maintenance or construction may be used for the acquisition of interests in land under this section.
(Added
Historical and Revision Notes
1988 Act
Subsection (h) of this section and
Amendments
1998—Subsec. (e)(2).
Subsec. (e)(3).
Subsec. (e)(4).
Subsec. (e)(5).
1997—Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (b)(5).
1996—Subsec. (e)(1).
Subsec. (e)(2).
1993—Subsec. (b)(2), (3).
Subsec. (b)(4).
Subsec. (e)(1).
Subsec. (e)(2) to (4).
1991—Subsecs. (g), (h).
1989—Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (g)(7).
Subsec. (g)(8).
Subsec. (g)(9), (10).
1988—Subsec. (e)(2).
Subsec. (h).
1987—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(3)(A).
Subsec. (c).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(7)(A).
Subsec. (g)(8)(C).
Subsec. (g)(9).
1986—Subsec. (b)(2).
Subsec. (b)(3)(A).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g)(8)(B).
Subsec. (g)(9).
Subsec. (g)(10).
1985—Subsec. (b)(3).
Subsec. (d).
Subsec. (g)(8).
Subsec. (g)(9).
1984—Subsec. (g)(8), (9).
1983—Subsec. (g).
1982—Subsec. (e)(1).
Effective Date of 1991 Amendment
Section 2806(c) of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 806(c) of
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2829. Multi-year contracts for supplies and services
The Secretary concerned may make contracts for periods of up to four years for supplies and services for the management, maintenance, and operation of military family housing and may pay the costs of such contracts for each year out of annual appropriations for that year.
(Added
Effective Date
For effective date and applicability of section, see section 12(a) of
§2830. Occupancy of substandard family housing units
(a)(1) A member of the uniformed services with dependents may, without loss of the member's basic allowance for housing under
(2) Occupancy of a family housing unit under paragraph (1) shall be subject to a charge against the member's basic allowance for housing in the amount of the fair rental value of the housing unit. However, such a charge may not be made in an amount in excess of 75 percent of the amount of such allowance.
(b)(1) The Secretary concerned may lease substandard family housing units to members of any of the uniformed services for occupancy by such members.
(2) The authority to enter into leases under paragraph (1) shall be exercised—
(A) in the case of a lease by the Secretary of a military department, subject to regulations prescribed by the Secretary of Defense; and
(B) in the case of a lease by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, subject to regulations prescribed by that Secretary.
(Added
Amendments
1997—Subsec. (a)(1).
Subsec. (a)(2).
1987—Subsec. (a)(1).
Subsec. (b).
1986—Subsec. (c).
Effective Date of 1997 Amendment
Amendment by
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2831. Military family housing management account
(a) There is on the books of the Treasury an account known as the Department of Defense Military Family Housing Management Account (hereinafter in this section referred to as the "account"). The account shall be used for the management and administration of funds appropriated or otherwise made available to the Department of Defense for military family housing programs.
(b) The account shall be administered as a single account. There shall be transferred into the account—
(1) appropriations made for the purpose of, or which are available for, the payment of costs arising in connection with the construction, acquisition, leasing, relocation, operation and maintenance, and disposal of military family housing, including the cost of principal and interest charges, and insurance premiums, arising in connection with the acquisition of such housing, and mortgage insurance premiums payable under section 222(c) of the National Housing Act (
(2) proceeds from the rental of family housing and mobile home facilities under the control of a military department, reimbursements from the occupants of such facilities for services rendered (including utility costs), funds obtained from individuals as a result of losses, damages, or destruction to such facilities caused by the abuse or negligence of such individuals, and reimbursements from other Government agencies for expenditures from the account; and
(3) proceeds of the handling and the disposal of family housing of a military department (including related land and improvements), whether carried out by a military department or any other Federal agency, but less those expenses payable pursuant to section 204(b) of the Federal Property and Administrative Services Act of 1949 (
(c) Amounts in the account shall remain available until spent.
(d) The Secretary concerned may make obligations against the account, in such amounts as may be specified from time to time in appropriation Acts, for the purpose of defraying, in the manner and to the extent authorized by law, the costs referred to in subsection (b).
(Added
Effective Date
For effective date and applicability of section, see section 12(a) of
§2832. Homeowners assistance program
(a) The Secretary of Defense may exercise the authority provided in section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (
(b)(1) Subject to paragraph (2) and notwithstanding subsection (i) of section 1013 of the Act referred to in subsection (a)—
(A) the Secretary of Defense may transfer not more than $31,000,000 from the Department of Defense Base Closure Account, established by section 207 of the Defense Authorization Amendments and Base Closure and Realignment Act (
(B) any funds so transferred shall be available for obligation and expenditure for the same purposes that funds appropriated to such fund are available, except that such funds may not be obligated after September 30, 1991.
(2) Amounts may be transferred under paragraph (1) only after the date on which the appropriate committees of Congress receive from the Secretary written notice of, and justification for, the transfer.
(Added
References in Text
Section 207 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (b)(1)(A), is section 207 of
Amendments
1996—Subsec. (b)(2).
1989—
Effective Date of 1989 Amendment
Section 2831(b) of
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2833. Family housing support
Amounts authorized by law for support of military family housing include amounts for—
(1) operating expenses;
(2) leasing expenses;
(3) maintenance of real property expenses;
(4) payments of principal and interest on mortgage debts incurred; and
(5) payments of mortgage insurance premiums authorized under section 222 of the National Housing Act (
(Added
§2834. Participation in Department of State housing pools
(a) The Secretary concerned may enter into an agreement with the Secretary of State under which the Secretary of State agrees to provide housing and related services for personnel under the jurisdiction of the Secretary concerned who are assigned to duty in a foreign country if the Secretary concerned determines—
(1) that there is a shortage of adequate housing in the area of the foreign country in which such personnel are assigned to duty; and
(2) that participation in the Department of State housing pool is the most cost-effective means of providing housing for such personnel.
The Secretary concerned shall reimburse the Secretary of State, as provided in the agreement, for housing and related services furnished personnel under the jurisdiction of the Secretary concerned.
(b) The maximum lease amounts specified in
(Added
Amendments
1993—Subsec. (b).
1990—Subsecs. (b), (c).
§2835. Long-term leasing of military family housing to be constructed
(a)
(b)
(2) The budget material submitted to Congress by the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, in connection with the budget submitted pursuant to
(c)
(d)
(1) A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project.
(2) A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that project for that fiscal year.
(3) A statement that such a commitment entered into under the authority of this section does not constitute an obligation of the United States.
(4) A requirement that housing units constructed pursuant to the contract shall be constructed—
(A) to Department of Defense specifications, in the case of a Department of Defense contract; and
(B) to Department of Transportation specifications, in the case of a contract for the Coast Guard.
(e)
(f)
(g)
(1) the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard, submits to the appropriate committees of Congress, in writing, an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost-effective when compared with alternative means of furnishing the same housing facilities; and
(2) a period of 21 calendar days has expired following the date on which the economic analysis is received by those committees.
(h)
(Added
Prior Provisions
Provisions similar to those in this section were contained in subsec. (g) of
Effective Date
Section applicable with respect to contracts entered into under this section on or after Dec. 5, 1991, see section 2806(c) of
Section Referred to in Other Sections
This section is referred to in
§2836. Military housing rental guarantee program
(a)
(b)
(2) The budget material submitted to Congress by the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, in connection with the budget submitted pursuant to
(c)
(1) may not assure the occupancy of more than 97 percent of the units constructed under the agreement;
(2) shall establish initial rental rates that are not more than rates for comparable rental dwelling units in the same general market area and may include an escalation clause;
(3) may apply to existing housing;
(4) shall require that the housing units be constructed—
(A) in the case of a Department of Defense agreement, to Department of Defense specifications or, at the discretion of the Secretary of the military department concerned, in compliance with the local building codes; and
(B) in the case of an agreement for the Coast Guard, to Department of Transportation specifications;
(5) may not be for a term in excess of 25 years;
(6) may not be renewed unless the project is located on government owned land, in which case the renewal period may not exceed the original contract term;
(7) may not assure more than an amount equivalent to the shelter rent of the housing units, determined on the basis of amortizing initial construction costs;
(8) may only be entered into to the extent that there is a shortage in military family housing;
(9) may only be entered into if existing military-controlled housing at all installations in the commuting area (except for a new installation or an installation for which there is projected a significant increase in the number of families due to an increase in the number of authorized personnel) has exceeded 97 percent use for a period of not less than 18 consecutive months immediately preceding the date on which the agreement is entered into, excluding units temporarily inactivated for major repair or improvements;
(10) shall provide for priority of occupancy for military families;
(11) shall include a provision authorizing the Secretary of the military department concerned, or the Secretary of Transportation with respect to the Coast Guard, to take such action as the Secretary considers appropriate to protect the interests of the United States, including rendering the agreement null and void if, in the opinion of the Secretary, the owner of the housing fails to maintain a satisfactory level of operation and maintenance;
(12) may provide in the agreement for the rental of a child care center, civic center building, and similar type buildings constructed for the support of family housing;
(13) may provide that utilities, trash collection, snow removal, and entomological services will be furnished by the Federal Government at no cost to the occupant to the same extent that these items are provided to occupants of housing owned by the Federal Government; and
(14) may require that rent collection and operation and maintenance services in connection with the housing be under the terms of a separate agreement or be carried out by personnel of the Federal Government.
(d)
(1) A statement that the obligation of the United States to make payments under the agreement in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project.
(2) A commitment to obligate the necessary amount for each fiscal year covered by the agreement when and to the extent that funds are appropriated for such project for such fiscal year.
(3) A statement that such a commitment entered into under the authority of this section does not constitute an obligation of the United States.
(e)
(f)
(1) the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard, submits to the appropriate committees of Congress, in writing, an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed agreement is cost effective when compared with alternative means of furnishing the same housing facilities; and
(2) a period of 21 calendar days has expired following the date on which the economic analysis is received by those committees.
(g)
(Added
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (g), is
Prior Provisions
Similar provisions were contained in
Effective Date
Section 2809(c) of
§2837. Limited partnerships with private developers of housing
(a)
(2) Paragraph (1) applies to a military installation under the jurisdiction of the Secretary concerned at which there is a shortage of suitable housing to meet the requirements of members and dependents referred to in such paragraph.
(b)
(1) a suitable preference will be afforded members of the armed forces in the lease or purchase, as the case may be, of a reasonable number of the housing units covered by the limited partnership; or
(2) the rental rates or sale prices, as the case may be, for some or all of such units will be affordable for such members.
(c)
(2) When a decision is made to enter into a limited partnership under subsection (a), the Secretary concerned shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include the justification for the limited partnership, the terms and conditions of the limited partnership, a description of the development costs for projects under the limited partnership, and a description of the share of such costs to be incurred by the Secretary concerned. The Secretary concerned may then enter into the limited partnership only after the end of the 21-day period beginning on the date the report is received by such committees.
(d)
(2) There shall be deposited into the Account—
(A) such funds as may be authorized for and appropriated to the Account; and
(B) any proceeds received by the Secretary concerned from the repayment of investments or profits on investments of the Secretary under subsection (a).
(3) From such amounts as are provided in advance in appropriation Acts, funds in the Account shall be available to the Secretaries concerned in amounts determined by the Secretary of Defense for contracts, investments, and expenses necessary for the implementation of this section.
(4) The Secretary concerned may not enter into a contract in connection with a limited partnership under subsection (a) or a collateral incentive agreement under subsection (b) unless a sufficient amount of the unobligated balance of the funds in the Account is available to the Secretary, as of the time the contract is entered into, to satisfy the total obligations to be incurred by the United States under the contract.
[(e) Repealed.
(f)
(g)
(h)
(Added
Amendments
1999—Subsec. (d)(2).
1996—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
Subsec. (d).
"(d)
"(2) There shall be deposited into the Account—
"(A) such funds as may be authorized for and appropriated to the Account; and
"(B) any proceeds received by the Secretary from the repayment of investments or profits on investments of the Secretary under subsection (a).
"(3) In such amounts as is provided in advance in appropriation Acts, the Account shall be available for contracts, investments, and expenses necessary for the implementation of this section.
"(4) The Secretary may not enter into a contract in connection with a limited partnership under subsection (a) or a collateral incentive agreement under subsection (b) unless the Account contains sufficient funds, as of the time the contract is entered into, to satisfy the total obligations to be incurred by the United States under the contract."
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
SUBCHAPTER III—ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
Amendments
1997—
1996—
1993—
1990—
1989—
1987—
1986—
1985—
1982—
§2851. Supervision of military construction projects
(a) Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of the Secretary of the Army (acting through the Chief of Engineers), the Secretary of the Navy (acting through the Commander of the Naval Facilities Engineering Command), or such other department or Government agency as the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective completion of the project.
(b) A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense.
(Added
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2852. Military construction projects: waiver of certain restrictions
(a) The Secretary of Defense and the Secretaries of the military departments may carry out authorized military construction projects and authorized military family housing projects without regard to subsections (a) and (b) of
(b) Authority to carry out a military construction project or a military family housing project may be exercised on land not owned by the United States—
(1) before title to the land on which the project is to be carried out is approved under section 355 of the Revised Statutes (
(2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.
(Added
Historical and Revision Notes
In 10:2852(a), the title 31 citation is substituted on authority of
Amendments
1985—Subsec. (a).
1982—Subsec. (a).
Subsec. (b).
Effective Date
For effective date and applicability of section, see section 12(a) of
§2853. Authorized cost variations
(a) Except as provided in subsection (c) or (d), the cost authorized for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be increased by not more than 25 percent of the amount appropriated for such project or 200 percent of the minor construction project ceiling specified in section 2805(a)(1), whichever is less, if the Secretary concerned determines that such an increase in cost is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have reasonably been anticipated at the time the project was approved originally by Congress.
(b) Except as provided in subsection (c), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be reduced by not more than 25 percent from the amount approved for that project, construction, improvement, or acquisition by Congress.
(c) The limitation on cost increase in subsection (a) or the limitation on scope reduction in subsection (b) does not apply if—
(1) the increase in cost or reduction in scope is approved by the Secretary concerned;
(2) the Secretary concerned notifies the appropriate committees of Congress in writing of the increase or reduction and the reasons therefor; and
(3) a period of 21 days has elapsed after the date on which the notification is received by the committees.
(d) The limitation on cost increases in subsection (a) does not apply to the settlement of a contractor claim under a contract.
(Added
Amendments
1996—Subsec. (d).
1989—
1987—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Subsec. (f).
1984—Subsec. (e).
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2854. Restoration or replacement of damaged or destroyed facilities
(a) Subject to subsection (b), the Secretary concerned may repair, restore, or replace a facility under his jurisdiction, including a family housing facility, that has been damaged or destroyed.
(b) When a decision is made to carry out construction under this section and the cost of the repair, restoration, or replacement is greater than the maximum amount for a minor construction project, the Secretary concerned shall notify in writing the appropriate committees of Congress of that decision, of the justification for the project, of the current estimate of the cost of the project, of the source of funds for the project, and of the justification for carrying out the project under this section. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees.
(Added
Amendments
1991—Subsec. (b).
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2854a. Conveyance of damaged or deteriorated military family housing; use of proceeds
(a)
(2) The authority of this section does not apply to family housing facilities located at military installations approved for closure under a base closure law or family housing facilities located at an installation outside the United States at which the Secretary of Defense terminates operations.
(3) The aggregate total value of the family housing facilities conveyed by the Department of Defense under the authority in this subsection in any fiscal year may not exceed $5,000,000.
(4) For purposes of this subsection, a family housing facility is in a condition that is uneconomical to repair if the cost of the necessary repairs for the facility would exceed the amount equal to 70 percent of the cost of constructing a family housing facility to replace such facility.
(b)
(2) The Secretary concerned shall determine the fair market value of any family housing facility and associated real property that is conveyed under subsection (a). Such determination shall be final.
(c)
(1) the Secretary submits to the appropriate committees of Congress, in writing, a justification for the conveyance under the agreement, including—
(A) an estimate of the consideration to be provided the United States under the agreement;
(B) an estimate of the cost of repairing the family housing facility to be conveyed; and
(C) an estimate of the cost of replacing the family housing facility to be conveyed; and
(2) a period of 21 calendar days has elapsed after the date on which the justification is received by the committees.
(d)
(1) The Federal Property and Administrative Services Act of 1949 (
(2) Title V of the Stewart B. McKinney Homeless Assistance Act (
(e)
(A) to construct family housing units to replace the family housing facility conveyed under this section, but only to the extent that the number of units constructed with such proceeds does not exceed the number of units of military family housing of the facility conveyed;
(B) to repair or restore existing military family housing; and
(C) to reimburse the Secretary concerned for the costs incurred by the Secretary in conveying the family housing facility.
(2) Notwithstanding
(f)
(g)
(Added
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d)(1), is act June 30, 1949, ch. 288,
The Stewart B. McKinney Homeless Assistance Act, referred to in subsec. (d)(2), is
Section Referred to in Other Sections
This section is referred to in title 40 section 485.
§2855. Law applicable to contracts for architectural and engineering services and construction design
(a) Contracts for architectural and engineering services and construction design in connection with a military construction project or a military family housing project shall be awarded in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (
(b)(1) In the case of a contract referred to in subsection (a)—
(A) if the Secretary concerned estimates that the initial award of the contract will be in an amount greater than or equal to the threshold amount determined under paragraph (2), the contract may not be set aside exclusively for award to small business concerns; and
(B) if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (
(2) The initial threshold amount under paragraph (1) is $85,000. The Secretary of Defense may revise that amount in order to ensure that small business concerns receive a reasonable share of contracts referred to in subsection (a).
(3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act (
(Added
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a), is act June 30, 1949, ch. 288,
The Small Business Act, referred to in subsec. (b)(1)(B), is
Amendments
1984—
Effective Date of 1984 Amendment
Section 808(b) of
Effective Date
For effective date and applicability of section, see section 12(a) of
§2856. Limitations on barracks space by pay grade
The Secretary of Defense shall prescribe regulations establishing the maximum allowable net square feet per occupant for new permanent barracks construction. Such regulations shall be uniform for the armed forces under the jurisdiction of the Secretary of a military department.
(Added
Amendments
1990—
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2857. Use of renewable forms of energy in new facilities
(a) The Secretary of Defense shall encourage the use of energy systems using solar energy or other renewable forms of energy as a source of energy for military construction projects (including military family housing projects) where use of such form of energy would be practical and economically feasible.
(b)(1) The Secretary concerned shall require that the design of all new facilities (including family housing) shall include consideration of energy systems using solar energy or other renewable forms of energy in those cases in which use of such forms of energy has the potential for reduced energy costs.
(2) The Secretary concerned shall require that contracts for construction resulting from such design include a requirement that energy systems using solar energy or other renewable forms of energy be installed if such systems can be shown to be cost effective.
(c)(1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy for a facility shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system for the facility with such a system, and (B) the original investment cost of the energy system for the facility without such a system can be recovered over the expected life of the facility.
(2) A determination under paragraph (1) concerning whether a cost-differential can be recovered over the expected life of a facility shall be made using the life-cycle cost methods and procedures established pursuant to section 544(a) of the National Energy Conservation Policy Act (
(d) In order to equip a military construction project (including a military family housing project) with heating equipment, cooling equipment, or both heating and cooling equipment using solar energy or other renewable forms of energy or with a passive energy system using solar energy or other renewable forms of energy, the Secretary concerned may authorize an increase in any otherwise applicable limitation with respect to the number of square feet or the cost per square foot of the project by such amount as may be necessary for such purpose. Any such increase under this subsection shall be in addition to any other administrative increase in cost per square foot or variation in floor area authorized by law.
(Added
Amendments
1991—Subsec. (c)(2).
1990—Subsec. (c)(2), (3).
"(2) A determination under paragraph (1) of whether a cost-differential can be recovered over the expected life of a facility shall be made using accepted life-cycle costing procedures and shall include—
"(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system with and without an energy system using solar energy or other renewable forms of energy over the expected life of the facility or during a period of 25 years, whichever is shorter;
"(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and
"(C) the use of a discount rate of 7 percent per year for all expenses of the energy system.
"(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the energy system using solar energy or other renewable forms of energy shall be reduced by 10 percent to reflect an allowance for an investment cost credit."
1989—Subsec. (b)(1).
1984—Subsec. (b)(1).
1982—
Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Effective Date of 1984 Amendment
Section 1405(45)(B) of
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2858. Limitation on the use of funds for expediting a construction project
Funds appropriated for military construction (including military family housing) may not be expended for additional costs involved in expediting a construction project unless the Secretary concerned (1) certifies that expenditures for such costs are necessary to protect the national interest, and (2) establishes a reasonable completion date for the project. In establishing such a completion date, the Secretary shall take into consideration the urgency of the requirement for completion of the project, the type and location of the project, the climatic and seasonal conditions affecting the construction involved, and the application of economical construction practices.
(Added
Effective Date
For effective date and applicability of section, see section 12(a) of
Section Referred to in Other Sections
This section is referred to in
§2859. Transmission of annual military construction authorization request
The Secretary of Defense shall transmit to Congress the annual request for military construction authorization for a fiscal year during the first 10 days after the President transmits to Congress the Budget for that fiscal year pursuant to
(Added
Historical and Revision Notes
In 10:2859, the title 31 citation is substituted on authority of
Amendments
1982—
Effective Date
For effective date and applicability of section, see section 12(a) of
§2860. Availability of appropriations
Funds appropriated to a military department or to the Secretary of Defense for a fiscal year for military construction or military family housing purposes may remain available for obligation beyond such fiscal year to the extent provided in appropriation Acts.
(Added
Amendments
1986—
1985—
Effective Date of 1985 Amendments
Section 121(c) of
Section 812(b) of
Effective Date
For effective date and applicability of section, see section 12(a) of
Availability of Appropriations for Five Years
Similar provisions were contained in the following prior appropriation acts:
Transfer of Funds for Foreign Currency Fluctuations
Similar provisions were contained in the following prior appropriation acts:
§2861. Annual report to Congress
(a) The Secretary of Defense shall submit a report to the appropriate committees of Congress each year with respect to military construction activities and military family housing activities. Each such report shall be submitted at the same time that the annual request for military construction authorization is submitted for that year. Except where otherwise provided in this section, information required by this section to be provided in the report shall be provided for the two most recent fiscal years and for the fiscal year for which the budget request is made.
(b) Each report under subsection (a) shall include the following:
(1) A statement of the construction status and a fiscal summary of the military construction projects undertaken under, and the amounts authorized and appropriated for, contingency construction under
(2) Information to enable the committees to evaluate the relationships between budget requests for appropriations for unspecified minor construction projects under
(3) Information to enable the committees to monitor trends in construction started using funds contributed by the United States under
(4) Information to enable the committees to evaluate trends in contracting for architect and engineering services and construction design, and trends in accomplishing design of construction projects by Government employees, under the authority of
(5) Information to enable the committees to evaluate trends in supervision, inspection, and overhead costs for the dollar amount of military construction accomplished during a fiscal year by a military construction department or agency under the authority of
(6) A summary of military construction projects (other than a military construction project for an amount less than the amount specified by
(7) Information to enable the committees to evaluate the use of the authority provided under
(8) Information in sufficient detail to enable the committees to monitor trends in design, construction, performance goals, and progress.
(9) With respect to each contract awarded during the preceding fiscal year on other than a competitive basis to the lowest responsible bidder, the name of the contractor, the original amount of the contract, and the reason for the award of the contract on other than a competitive basis.
(Added
Amendments
1996—Subsec. (b)(3).
Subsec. (b)(6).
1987—Subsec. (b)(6).
Subsec. (b)(7).
Effective Date
For effective date and applicability of section, see section 12(a) of
§2862. Turn-key selection procedures
(a)
(b)
(Added
Amendments
1991—
"(b) The Secretary of Defense, with respect to any Defense Agency, or the Secretary of a military department may not, during any fiscal year, enter into more than three contracts for military construction projects using procedures authorized by this section.
"(c) The authority under this section shall expire on October 1, 1991."
1989—Subsec. (a)(1).
Subsec. (c).
1987—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Effective Date
Section 807(c) of
§2863. Payment of contractor claims
Notwithstanding any other provision of law, the Secretary concerned may pay meritorious contractor claims that arise under military construction contracts or family housing contracts. The Secretary of Defense, with respect to a Defense Agency, or the Secretary of a military department may use for such purpose any unobligated funds appropriated to such department and available for military construction or family housing construction, as the case may be.
(Added
§2864. Military construction contracts on Guam
(a)
(b)
(Added
Amendments
1996—Subsec. (b).
Effective Date
Section 2807(c) of
§2865. Energy savings at military installations
(a)
(2) To achieve the goal designated under paragraph (1), the Secretary shall develop a comprehensive plan to identify and accomplish energy conservation measures to achieve maximum cost-effective energy savings.
(3) For the purpose of implementing any energy performance plan, the Secretary shall provide that the selection of energy conservation measures, including energy efficient maintenance or water efficient maintenance, under such plan shall be limited to those with a positive net present value over a period of 10 years or less.
(4) In paragraph (3), the term "energy efficient maintenance or water efficient maintenance" includes—
(A) the repair by replacement of equipment or systems, such as lighting, heating, or cooling equipment or systems, industrial processes, or water efficiency applications, with technology that—
(i) will achieve the most cost-effective energy savings over the life-cycle of the equipment or system being repaired; and
(ii) will meet the same end needs as the equipment or system being repaired; and
(B) improvements in an operation or maintenance process, such as improved training or improved controls, that result in reduced costs through energy savings or water cost savings.
(b)
(2) The Secretary shall provide that the amount that remains available for obligation under paragraph (1) and
(A) One-half of the amount shall be used for the implementation of additional energy conservation measures and for water conservation activities at such buildings, facilities, or installations of the Department of Defense as may be designated (in accordance with regulations prescribed by the Secretary of Defense) by the head of the department, agency, or instrumentality that realized the savings referred to in paragraph (1) or in
(B) One-half of the amount shall be used at the installation at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable law and regulations, for—
(i) improvements to existing military family housing units;
(ii) any unspecified minor construction project that will enhance the quality of life of personnel; or
(iii) any morale, welfare, or recreation facility or service.
(3) Financial incentives received from gas or electric utilities under subsection (d)(2), and from utilities for management of water demand or water conservation under
(c)
(2)(A) In carrying out paragraph (1), the Secretary of Defense may—
(i) request statements of qualifications (as prescribed by the Secretary of Defense), including financial and performance information, from firms engaged in providing shared energy savings contracting;
(ii) designate from the statements received, with an update at least annually, those firms that are presumptively qualified to provide shared energy savings services;
(iii) select at least three firms from the qualifying list to conduct discussions concerning a particular proposed project, including requesting a technical and price proposal from such selected firms for such project; and
(iv) select from such firms the most qualified firm to provide shared energy savings services pursuant to a contractual arrangement that the Secretary determines is fair and reasonable, taking into account the estimated value of the services to be rendered and the scope and nature of the project.
(B) In carrying out paragraph (1), the Secretary may also provide for the direct negotiation, by departments, agencies, and instrumentalities of the Department of Defense, of contracts with shared energy savings contractors that have been selected competitively and approved by any gas or electric utility serving the department, agency, or instrumentality concerned.
(d)
(2) The Secretary of Defense may authorize any military installation to accept any financial incentive, goods, or services generally available from a gas or electric utility, to adopt technologies and practices that the Secretary determines are cost effective for the Federal Government.
(3) Subject to paragraph (4), the Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective demand and conservation incentive programs (including energy management services, facilities alterations, and the installation and maintenance of energy saving devices and technologies by the utilities) to address the requirements and circumstances of the installation.
(4)(A) If an agreement under paragraph (3) provides for a utility to advance financing costs for the design or implementation of a program referred to in that paragraph to be repayed by the United States, the cost of such advance may be recovered by the utility under terms no less favorable than those applicable to its most favored customer.
(B) Subject to the availability of appropriations, repayment of costs advanced under subparagraph (A) shall be made from funds available to a military department for the purchase of utility services.
(C) An agreement under paragraph (3) shall provide that title to any energy-saving device or technology installed at a military installation pursuant to the agreement vest in the United States. Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the United States.
(e)
(2) When a decision is made to carry out a project under paragraph (1), the Secretary of Defense shall notify in writing the appropriate committees of Congress of that decision. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees.
(f)
(Added
Amendments
1997—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (f).
1996—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(4)(A).
Subsec. (a)(4)(B).
Subsec. (e)(2).
1994—Subsec. (a)(4)(B).
1993—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(2).
"(A) One-half of the amount shall be used for the implementation of additional energy conservation measures at such buildings, facilities, or installations of the Department of Defense as the head of the department, agency, or instrumentality that realized the savings may designate in accordance with regulations prescribed by the Secretary of Defense."
Subsec. (d)(1).
1992—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
"(A) shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by any gas or electric utility for the management of electricity demand or for energy conservation; and
"(B) may authorize any military installation to accept any financial incentive, generally available from any such utility, to adopt technologies and practices that the Secretary determines are cost-effective for the Federal Government."
Subsec. (c).
Subsecs. (d), (e).
Subsec. (f).
Retention of Savings and Rebates
For provisions requiring Director of Office of Management and Budget to develop guidelines and to implement procedures to allow agencies to retain savings from energy efficiency efforts as provided in this section, see Ex. Ord. No. 12902, §502, Mar. 8, 1994, 59 F.R. 11469, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2866. Water conservation at military installations
(a)
(2) The Secretary of Defense may authorize a military installation to accept a financial incentive (including an agreement to reduce the amount of a future water bill), goods, or services generally available from a utility, for the purpose of adopting technologies and practices that—
(A) relate to the management of water demand or to water conservation; and
(B) as determined by the Secretary, are cost effective for the Federal Government.
(3) Subject to paragraph (4), the Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into an agreement with a utility to design and implement a cost-effective program that provides incentives for the management of water demand and for water conservation and that addresses the requirements and circumstances of the installation. Activities under the program may include the provision of water management services, the alteration of a facility, and the installation and maintenance by the utility of a water-saving device or technology.
(4)(A) If an agreement under paragraph (3) provides for a utility to pay in advance the financing costs for the design or implementation of a program referred to in that paragraph and for such advance payment to be repayed by the United States, the cost of such advance payment may be recovered by the utility under terms that are not less favorable than the terms applicable to the most favored customer of the utility.
(B) Subject to the availability of appropriations, a repayment of an advance payment under subparagraph (A) shall be made from funds available to a military department for the purchase of utility services.
(C) An agreement under paragraph (3) shall provide that title to a water-saving device or technology installed at a military installation pursuant to the agreement shall vest in the United States. Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the United States.
(b)
(2) Water cost savings realized under subsection (a)(3) shall be used as provided in
(c)
(2) When a decision is made to carry out a project under paragraph (1), the Secretary of Defense shall notify the appropriate committees of Congress of that decision. Such project may be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees.
(Added
Amendments
1997—Subsec. (b).
"(b)
1996—Subsec. (c)(2).
Retention of Savings and Rebates
For provisions requiring Director of Office of Management and Budget to develop guidelines and to implement procedures to allow agencies to retain savings from water conservation efforts as provided in this section, see Ex. Ord. No. 12902, §502, Mar. 8, 1994, 59 F.R. 11469, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2867. Sale of electricity from alternate energy and cogeneration production facilities
(a) The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from alternate energy or cogeneration type production facilities which are under the jurisdiction (or produced on land which is under the jurisdiction) of the Secretary concerned. The sale of such energy shall be made under such regulations, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 (
(b)(1) Proceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy.
(2) Subject to the availability of appropriations for this purpose, proceeds credited under paragraph (1) may be used to carry out military construction projects under the energy performance plan developed by the Secretary of Defense under
(c) Before carrying out a military construction project described in subsection (b) using proceeds from sales under subsection (a), the Secretary concerned shall notify Congress in writing of the project, the justification for the project, and the estimated cost of the project. The project may be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress.
(Added
References in Text
The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is
Amendments
1997—
1993—Subsec. (b).
Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§2868. Utility services: furnishing for certain buildings
Appropriations for the Department of Defense may be used for utility services for—
(1) buildings constructed at private cost, as authorized by law; and
(2) buildings on military reservations authorized by regulation to be used for morale, welfare, and recreational purposes.
(Added
Historical and Revision Notes
Section is based on
In two instances, the source section for provisions to be codified provides that defense appropriations may be used for "welfare and recreation" or "welfare and recreational" purposes. (Section 735 of
Amendments
1997—
SUBCHAPTER IV—ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING
Amendments
1999—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§2871. Definitions
In this subchapter:
(1) The term "ancillary supporting facilities" means facilities related to military housing units, including facilities to provide or support elementary or secondary education, child care centers, day care centers, tot lots, community centers, housing offices, dining facilities, unit offices, and other similar facilities for the support of military housing.
(2) The term "base closure law" means the following:
(A)
(B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(C) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(3) The term "construction" means the construction of military housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities.
(4) The term "contract" includes any contract, lease, or other agreement entered into under the authority of this subchapter.
(5) The term "eligible entity" means any private person, corporation, firm, partnership, company, State or local government, or housing authority of a State or local government.
(6) The term "Fund" means the Department of Defense Family Housing Improvement Fund or the Department of Defense Military Unaccompanied Housing Improvement Fund established under
(7) The term "military unaccompanied housing" means military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.
(8) The term "United States" includes the Commonwealth of Puerto Rico.
(Added
Amendments
1999—Pars. (5) to (8).
1998—Par. (1).
§2872. General authority
In addition to any other authority provided under this chapter for the acquisition or construction of military family housing or military unaccompanied housing, the Secretary concerned may exercise any authority or any combination of authorities provided under this subchapter in order to provide for the acquisition or construction by eligible entities of the following:
(1) Family housing units on or near military installations within the United States and its territories and possessions.
(2) Military unaccompanied housing units on or near such military installations.
(Added
Amendments
1999—
§2873. Direct loans and loan guarantees
(a)
(2) The Secretary concerned shall establish such terms and conditions with respect to loans made under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the period and frequency for repayment of such loans and the obligations of the obligors on such loans upon default.
(b)
(2) The amount of a guarantee on a loan that may be provided under paragraph (1) may not exceed the amount equal to the lesser of—
(A) the amount equal to 80 percent of the value of the project; or
(B) the amount of the outstanding principal of the loan.
(3) The Secretary concerned shall establish such terms and conditions with respect to guarantees of loans under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the rights and obligations of obligors of such loans and the rights and obligations of the United States with respect to such guarantees.
(c)
(Added
Amendments
1999—Subsec. (a)(1).
Subsec. (b)(1).
Section Referred to in Other Sections
This section is referred to in
§2874. Leasing of housing to be constructed
(a)
(b)
(Added
§2875. Investments
(a)
(b)
(c)
(2) If the Secretary concerned conveys land or facilities to an eligible entity as all or part of an investment in the eligible entity under this section, the total value of the investment by the Secretary under this section may not exceed an amount equal to 45 percent of the capital cost (as determined by the Secretary) of the project or projects that the eligible entity proposes to carry out under this section with the investment.
(3) In this subsection, the term "capital cost", with respect to a project for the acquisition or construction of housing, means the total amount of the costs included in the basis of the housing for Federal income tax purposes.
(d)
(e)
(Added
Amendments
1999—
Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1997—Subsec. (e).
Section Referred to in Other Sections
This section is referred to in
§2876. Rental guarantees
The Secretary concerned may enter into agreements with eligible entities that acquire or construct military family housing units or military unaccompanied housing units under this subchapter in order to assure—
(1) the occupancy of such units at levels specified in the agreements; or
(2) rental income derived from rental of such units at levels specified in the agreements.
(Added
Amendments
1999—
§2877. Differential lease payments
Pursuant to an agreement entered into by the Secretary concerned and a lessor of military family housing or military unaccompanied housing to members of the armed forces, the Secretary may pay the lessor an amount in addition to the rental payments for the housing made by the members as the Secretary determines appropriate to encourage the lessor to make the housing available to members of the armed forces as military family housing or as military unaccompanied housing.
(Added
Amendments
1999—
§2878. Conveyance or lease of existing property and facilities
(a)
(b)
(c)
(2) As part or all of the consideration for a conveyance or lease under this section, the purchaser or lessor (as the case may be) shall enter into an agreement with the Secretary to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or sublease of a reasonable number of the housing units covered by the conveyance or lease, as the case may be, or in the lease of other suitable housing units made available by the purchaser or lessee.
(d)
(1)
(2) The Federal Property and Administrative Services Act of 1949 (
(3) Section 321 of the Act of June 30, 1932 (commonly known as the Economy Act) (
(4) Section 501 of the Stewart B. McKinney Homeless Assistance Act (
(Added
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d)(2), is act June 30, 1949, ch. 288,
Amendments
1999—Subsec. (a).
1997—Subsec. (d)(4).
Section Referred to in Other Sections
This section is referred to in
§2879. Interim leases
Pending completion of a project to acquire or construct military family housing units or military unaccompanied housing units under this subchapter, the Secretary concerned may provide for the interim lease of such units of the project as are complete. The term of a lease under this section may not extend beyond the date of the completion of the project concerned.
(Added
§2880. Unit size and type
(a)
(b)
(2) The regulations prescribed under
(Added
§2881. Ancillary supporting facilities
(a)
(b)
(1) the Army and Air Force Exchange Service;
(2) the Navy Exchange Service Command;
(3) a Marine Corps exchange;
(4) the Defense Commissary Agency; or
(5) any nonappropriated fund activity of the Department of Defense for the morale, welfare, and recreation of members of the armed forces.
(Added
Amendments
1999—
§2882. Assignment of members of the armed forces to housing units
(a)
(b)
(2) A member of the armed forces who is assigned in accordance with subsection (a) to a housing unit not owned or leased by the United States shall be entitled to a basic allowance for housing under
(c)
(Added
Amendments
1997—Subsec. (b)(1).
Subsec. (b)(2).
Effective Date of 1997 Amendment
Amendment by
§2883. Department of Defense Housing Funds
(a)
(1) The Department of Defense Family Housing Improvement Fund.
(2) The Department of Defense Military Unaccompanied Housing Improvement Fund.
(b)
(2) Amounts in the Department of Defense Family Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military family housing.
(3) Amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military unaccompanied housing.
(c)
(A) Amounts authorized for and appropriated to that Fund.
(B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition or construction of military family housing.
(C) Proceeds from the conveyance or lease of property or facilities under
(D) Income derived from any activities under this subchapter with respect to military family housing, including interest on loans made under
(E) Any amounts that the Secretary of the Navy transfers to that Fund pursuant to
(2) There shall be credited to the Department of Defense Military Unaccompanied Housing Improvement Fund the following:
(A) Amounts authorized for and appropriated to that Fund.
(B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition or construction of military unaccompanied housing.
(C) Proceeds from the conveyance or lease of property or facilities under
(D) Income derived from any activities under this subchapter with respect to military unaccompanied housing, including interest on loans made under
(E) Any amounts that the Secretary of the Navy transfers to that Fund pursuant to
(d)
(2) In such amounts as provided in appropriation Acts and except as provided in subsection (e), the Secretary of Defense may use amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under this subchapter with respect to military unaccompanied housing, including activities required in connection with the planning, execution, and administration of contracts entered into under the authority of this subchapter. The Secretary may also use for expenses of activities required in connection with the planning, execution, and administration of such contracts funds that are otherwise available to the Department of Defense for such types of expenses.
(3) Amounts made available under this subsection shall remain available until expended. The Secretary of Defense may transfer amounts made available under this subsection to the Secretaries of the military departments to permit such Secretaries to carry out the activities for which such amounts may be used.
(e)
(f)
(g)
(1) $850,000,000 for the acquisition or construction of military family housing; and
(2) $150,000,000 for the acquisition or construction of military unaccompanied housing.
(Added
Amendments
1999—Subsec. (c)(1)(E).
Subsec. (c)(2)(E).
1996—Subsec. (d)(1), (2).
Section Referred to in Other Sections
This section is referred to in
§2884. Reports
(a)
(A) each contract for the acquisition or construction of family housing units or unaccompanied housing units that the Secretary proposes to solicit under this subchapter; and
(B) each conveyance or lease proposed under
(2) The report shall describe the proposed contract, conveyance, or lease and the intended method of participation of the United States in the contract, conveyance, or lease and provide a justification of such method of participation. The report shall be submitted not later than 30 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease.
(b)
(1) A report on the expenditures and receipts during the preceding fiscal year covering the Funds established under
(2) A methodology for evaluating the extent and effectiveness of the use of the authorities under this subchapter during such preceding fiscal year.
(3) A description of the objectives of the Department of Defense for providing military family housing and military unaccompanied housing for members of the armed forces.
(Added
Final Report
Section 2801(b) of
§2885. Expiration of authority
The authority to enter into a contract under this subchapter shall expire on February 10, 2001.
(Added
Amendments
1997—
[CHAPTER 171 —REPEALED]
[§§2891, 2892. Repealed. Pub. L. 104–106, div. A, title X, §1061(b)(1), Feb. 10, 1996, 110 Stat. 442 ]
Section 2891, added
Section 2892, added
CHAPTER 172 —STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
§2901. Strategic Environmental Research and Development Program
(a) The Secretary of Defense shall establish a program to be known as the "Strategic Environmental Research and Development Program".
(b) The purposes of the program are as follows:
(1) To address environmental matters of concern to the Department of Defense and the Department of Energy through support for basic and applied research and development of technologies that can enhance the capabilities of the departments to meet their environmental obligations.
(2) To identify research, technologies, and other information developed by the Department of Defense and the Department of Energy for national defense purposes that would be useful to governmental and private organizations involved in the development of energy technologies and of technologies to address environmental restoration, waste minimization, hazardous waste substitution, and other environmental concerns, and to share such research, technologies, and other information with such governmental and private organizations.
(3) To furnish other governmental organizations and private organizations with data, enhanced data collection capabilities, and enhanced analytical capabilities for use by such organizations in the conduct of environmental research, including research concerning global environmental change.
(4) To identify technologies developed by the private sector that are useful for Department of Defense and Department of Energy defense activities concerning environmental restoration, hazardous and solid waste minimization and prevention, hazardous material substitution, and provide for the use of such technologies in the conduct of such activities.
(Added
§2902. Strategic Environmental Research and Development Program Council
(a) There is a Strategic Environmental Research and Development Program Council (hereinafter in this chapter referred to as the "Council").
(b) The Council is composed of 12 members as follows:
(1) The Deputy Under Secretary of Defense for Science and Technology.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Deputy Under Secretary of Defense responsible for environmental security.
(4) The Assistant Secretary of Energy for Defense programs.
(5) The Assistant Secretary of Energy responsible for environmental restoration and waste management.
(6) The Director of the Department of Energy Office of Science.
(7) The Administrator of the Environmental Protection Agency.
(8) One representative from each of the Army, Navy, Air Force, and Coast Guard.
(9) The Executive Director of the Council (appointed pursuant to
(c) The Secretary of Defense shall designate a member of the Council as chairman for each odd numbered fiscal year. The Secretary of Energy shall designate a member of the Council as chairman for each even-numbered fiscal year.
(d) The Council shall have the following responsibilities:
(1) To prescribe policies and procedures to implement the Strategic Environmental Research and Development Program.
(2) To enter into contracts, grants, and other financial arrangements, in accordance with other applicable law, to carry out the purposes of the Strategic Environmental Research and Development Program.
(3) To prepare an annual report that contains the following:
(A) A description of activities of the strategic environmental research and development program carried out during the fiscal year before the fiscal year in which the report is prepared.
(B) A general outline of the activities planned for the program during the fiscal year in which the report is prepared.
(C) A summary of projects continued from the fiscal year before the fiscal year in which the report is prepared and projects expected to be started during the fiscal year in which the report is prepared and during the following fiscal year.
(4) To promote the maximum exchange of information, and to minimize duplication, regarding environmentally related research, development, and demonstration activities through close coordination with the military departments and Defense Agencies, the Department of Energy, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, other departments and agencies of the Federal Government or any State and local governments, including the National Science and Technology Council, and other organizations engaged in such activities.
(5) To ensure that research and development activities under the Strategic Environmental Research and Development Program do not duplicate other ongoing activities sponsored by the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, or any other department or agency of the Federal Government.
(6) To ensure that the research and development programs identified for support pursuant to policies and procedures prescribed by the council utilize, to the maximum extent possible, the talents, skills, and abilities residing at the Federal laboratories, including the Department of Energy multiprogram and defense laboratories, the Department of Defense laboratories, and Federal contract research centers. To utilize the research capabilities of institutions of higher education and private industry to the extent practicable.
(e) In carrying out subsection (d)(1), the Council shall prescribe policies and procedures that—
(1) provide for appropriate access by Federal Government personnel, State and local government personnel, college and university personnel, industry personnel, and the general public to data under the control of, or otherwise available to, the Department of Defense that is relevant to environmental matters by—
(A) identifying the sources of such data;
(B) publicizing the availability and sources of such data by appropriately-targeted dissemination of information to such personnel and the general public, and by other means; and
(C) providing for review of classified data relevant to environmental matters with a view to declassifying or preparing unclassified summaries of such data;
(2) provide governmental and nongovernmental entities with analytic assistance, consistent with national defense missions, including access to military platforms for sensor deployment and access to computer capabilities, in order to facilitate environmental research;
(3) provide for the identification of energy technologies developed for national defense purposes (including electricity generation systems, energy storage systems, alternative fuels, biomass energy technology, and applied materials technology) that might have environmentally sound, energy efficient applications for other programs of the Department of Defense and the Department of Energy national security programs;
(4) provide for the identification and support of programs of basic and applied research, development, and demonstration in technologies useful—
(A) to facilitate environmental compliance, remediation, and restoration activities of the Department of Defense and at Department of Energy defense facilities;
(B) to minimize waste generation, including reduction at the source, by such departments; or
(C) to substitute use of nonhazardous, nontoxic, nonpolluting, and other environmentally sound materials and substances for use of hazardous, toxic, and polluting materials and substances by such departments;
(5) provide for the identification and support of research, development, and application of other technologies developed for national defense purposes which not only are directly useful for programs, projects, and activities of such departments, but also have useful applications for solutions to such national and international environmental problems as climate change and ozone depletion;
(6) provide for the Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency, in cooperation with other Federal and State agencies, as appropriate, to conduct joint research, development, and demonstration projects relating to innovative technologies, management practices, and other approaches for purposes of—
(A) preventing pollution from all sources;
(B) minimizing hazardous and solid waste, including recycling; and
(C) treating hazardous and solid waste, including the use of thermal, chemical, and biological treatment technologies;
(7) encourage transfer of technologies referred to in clauses (2) through (6) to the private sector under the Stevenson-Wydler Technology Innovation Act of 1980 (
(8) provide for the identification of, and planning for the demonstration and use of, existing environmentally sound, energy-efficient technologies developed by the private sector that could be used directly by the Department of Defense;
(9) provide for the identification of military specifications that prevent or limit the use of environmentally beneficial technologies, materials, and substances in the performance of Department of Defense contracts and recommend changes to such specifications; and
(10) to ensure that the research and development programs identified for support pursuant to the policies and procedures prescribed by the Council are closely coordinated with, and do not duplicate, ongoing activities sponsored by the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, or other Federal agencies.
(f) The Council shall be subject to the authority, direction, and control of the Secretary of Defense in prescribing policies and procedures under subsection (d)(1).
(g)(1) Not later than February 1 of each year, the Council shall submit to the Secretary of Defense the annual report prepared pursuant to subsection (d)(3).
(2) Not later than March 15 of each year, the Secretary of Defense shall submit such annual report to Congress, along with such comments as the Secretary considers appropriate.
(Added
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (e)(7), is
Amendments
1999—Subsec. (b)(1).
1998—Subsec. (b)(6).
1996—Subsec. (b).
Subsec. (b)(3) to (7).
Subsec. (b)(8).
Subsec. (b)(9), (10).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e)(3).
Subsecs. (f), (g).
Subsec. (h).
1993—Subsec. (b)(1) to (4).
Subsec. (b)(6).
1992—Subsec. (b)(9).
1991—Subsec. (b).
Subsec. (b)(9), (10).
Subsec. (f)(2)(A).
Effective Date of 1996 Amendment
Section 203(b)(3) of
First Annual Report of Strategic Environmental Research and Development Program Council
Section 1801(c) of
Section Referred to in Other Sections
This section is referred to in
§2903. Executive Director
(a) There shall be an Executive Director of the Council appointed by the Secretary of Defense after consultation with the Secretary of Energy.
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Executive Director is responsible for the management of the Strategic Environmental Research and Development Program in accordance with the policies established by the Council.
(c) The Executive Director may enter into contracts using competitive procedures. The Executive Director may enter into other agreements in accordance with applicable law. In either case, the Executive Director shall first obtain the approval of the Council for any contract or agreement in an amount equal to or in excess of $500,000 or such lesser amount as the Council may prescribe.
(d)(1) The Executive Director, with the concurrence of the Council, may appoint such professional and clerical staff as may be necessary to carry out the responsibilities and policies of the Council.
(2) The Executive Director, with the concurrence of the Council and without regard to the provisions of
(Added
Amendments
1996—Subsec. (c).
Subsec. (d)(2).
1993—Subsec. (d)(2).
1991—Subsec. (d)(2).
Effective Date of 1996 Amendment
Section 203(e)(2) of
Section Referred to in Other Sections
This section is referred to in
§2904. Strategic Environmental Research and Development Program Scientific Advisory Board
(a) The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall jointly appoint a Strategic Environmental Research and Development Program Scientific Advisory Board (hereafter in this section referred to as the "Advisory Board") consisting of not less than six and not more than 14 members.
(b)(1) The following persons shall be permanent members of the Advisory Board:
(A) The Science Advisor to the President, or his designee.
(B) The Administrator of the National Oceanic and Atmospheric Administration, or his designee.
(2) Other members of the Advisory Board shall be appointed from among persons eminent in the fields of basic sciences, engineering, ocean and environmental sciences, education, research management, international and security affairs, health physics, health sciences, or social sciences, with due regard given to the equitable representation of scientists and engineers who are women or who represent minority groups. At least one member of the Advisory Board shall be a representative of environmental public interest groups and one member shall be a representative of the interests of State governments.
(3) The Secretary of Defense and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall request—
(A) that the head of the National Academy of Sciences, in consultation with the head of the National Academy of Engineering and the head of the Institutes of Medicine of the National Academy of Sciences, nominate persons for appointment to the Advisory Board;
(B) that the Council on Environmental Quality nominate for appointment to the Advisory Board at least one person who is a representative of environmental public interest groups; and
(C) that the National Association of Governors nominate for appointment to the Advisory Board at least one person who is representative of the interests of State governments.
(4) Members of the Advisory Board shall be appointed for terms of not less than two and not more than four years.
(c) A member of the Advisory Board who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee, except for the purposes of
(d) The Advisory Board shall prescribe procedures for carrying out its responsibilities. Such procedures shall define a quorum as a majority of the members, provide for annual election of the Chairman by the members of the Advisory Board, and require at least four meetings of the Advisory Board each year.
(e) The Council shall refer to the Advisory Board, and the Advisory Board shall review, each proposed research project including its estimated cost, for research in and development of technologies related to environmental activities in excess of $1,000,000. The Advisory Board shall make any recommendations to the Council that the Advisory Board considers appropriate regarding such project or proposal.
(f) The Advisory Board may make recommendations to the Council regarding technologies, research, projects, programs, activities, and, if appropriate, funding within the scope of the Strategic Environmental Research and Development Program.
(g) The Advisory Board shall assist and advise the Council in identifying the environmental data and analytical assistance activities that should be covered by the policies and procedures prescribed pursuant to
(h) Not later than March 15 of each year, the Advisory Board shall submit to the Congress an annual report setting forth its actions during the year preceding the year in which the report is submitted and any recommendations, including recommendations on projects, programs, and information exchange and recommendations for legislation, that the Advisory Board considers appropriate regarding the Strategic Environmental Research and Development Program.
(i) Each member of the Advisory Board shall be required to file a financial disclosure report under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.).
(Added
References in Text
The Ethics in Government Act of 1978, referred to in subsec. (i), is
Amendments
1997—Subsec. (b)(4).
1991—Subsec. (a).
Subsec. (b)(1).
Initial Appointments of Advisory Board Members
Section 1801(b) of
First Annual Report of Advisory Board
Section 1801(d) of
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of