PART IV—SERVICE, SUPPLY, AND PROCUREMENT
Amendments
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
1994—
1993—
1992—
1991—
1990—
1988—
1986—
1982—
1978—
1962—
1958—
§2201 . Apportionment of funds: authority for exemption; excepted expenses
(a)
(b)
(c)
(d)
(1) shall immediately notify Congress of the use of any authority under this section; and
(2) shall submit monthly reports to Congress on the estimated obligations incurred pursuant to subsections (b) and (c).
(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,
§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
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.
(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.
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) 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 or remanufacturing services provided by such facilities, to persons outside the Department of Defense if—
(1) the person purchasing the article or service is fulfilling a Department of Defense contract; and
(2) the Department of Defense solicitation for such contract is open to competition between Department of Defense activities and private firms.
(k) The Secretary of Defense shall provide that of the total amount of payments received in a fiscal year by funds established under this section for industrial-type activities, not less than 3 percent during fiscal year 1985, not less than 4 percent during fiscal year 1986, and not less than 5 percent during fiscal year 1987 shall be used for the acquisition of capital equipment for such activities.
(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.
Amendments
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 1983 Amendment
Section 1204(b) of
Oversight of Defense Business Operations Fund
"(b)
"(c)
"(d)
"(e)
"(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 year for which the report 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 previous fiscal year with the amount proposed for the operation of the Fund for that fiscal year in the budget.
"(f)
"(2) The Comptroller General shall monitor and evaluate the progress of the Department of Defense in developing and implementing the improvement plan referred to in paragraph (1).
"(3) Not later than March 1, 1995, the Comptroller General shall submit to the congressional defense committees a report containing the following:
"(A) An evaluation of the progress report submitted to the congressional defense committees by the Secretary of Defense pursuant to paragraph (1).
"(B) The findings and conclusions of the Comptroller General resulting from the monitoring and evaluation conducted under paragraph (2).
"(C) Any recommendations for legislation or administrative action concerning the Fund that the Comptroller General considers appropriate.
"(g)
Charges for Goods and Services Provided Through Defense Business Operations Fund
Section 333(a), (b) of
"(a)
"(1) shall include amounts necessary to recover the full costs of—
"(A) the development, implementation, operation, and maintenance of systems supporting the wholesale supply and maintenance activities of the Department of Defense; and
"(B) the use of military personnel in the provision of the goods and services, as computed by calculating, to the maximum extent practicable, such costs if employees of the Department of Defense were used in the provision of the goods and services; and
"(2) shall not include amounts necessary to recover the costs of a military construction project (as such term is defined in
"(b)
Capital Asset Subaccount
Section 342 of
"(a)
"(b)
"(c)
"(1) the opening balance of the subaccount as of the beginning of the fiscal year in which the report is submitted;
"(2) the estimated amounts to be credited to the subaccount in the fiscal year in which the report is submitted;
"(3) the estimated amounts of outlays to be paid out of the subaccount in the fiscal year in which the report is submitted;
"(4) the estimated balance of the subaccount at the end of the fiscal year in which the report is submitted; and
"(5) 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.
"(d)
"(e)
"(1) The term 'capital assets' means the following capital assets that have a development or acquisition cost of not less than $15,000:
"(A) Minor construction projects financed by the Fund pursuant to
"(B) Automatic data processing equipment, software, other equipment, and other capital improvements.
"(2) The term 'Fund' means the Defense Business Operations Fund."
Limitations on Use of Defense Business Operations Fund
"(a)
"(b)
"(1) working-capital funds established under
"(2) those activities that, on the date of the enactment of this Act, are funded through the use of a working-capital fund established under that section; and
"(3) the Defense Finance and Accounting Service, the Defense Industrial Plant Equipment Center, the Defense Commissary Agency, the Defense Technical Information Service, and the Defense Reutilization and Marketing Service.
"(c)
"(1) the separate identity of each fund and activity managed through the Fund that (before the establishment of the Fund) was managed as a separate fund or activity; and
"(2) separate records for each function for which payment is made through the Fund and which (before the establishment of the Fund) was paid directly through appropriations, including the separate identity of the appropriation account used to pay for the performance of the function.
"(d)
"(2)(A) The plan shall also include the following matters:
"(i) The specific tasks to be performed to address the serious shortcomings that exist in the Fund's implementation and operation.
"(ii) Milestones for starting and completing each task.
"(iii) A statement of the resources needed to complete each task.
"(iv) The specific organizations within the Department of Defense that are responsible for accomplishing each task.
"(v) Department of Defense plans to monitor the implementation of all corrective actions.
"(B) The plan shall also address the following specific areas:
"(i) The management and organizational structure of the Fund.
"(ii) The development and implementation of the policies and procedures, including cash management and internal controls, applicable to the Fund.
"(iii) Management reporting, including financial and operational reporting.
"(iv) Accuracy and reliability of cost accounting data.
"(v) Development and use of performance indicators to measure the efficiency and effectiveness of Fund operations.
"(vi) The status of efforts to develop and implement new financial systems for the Fund.
"(e)
"(f)
"(2) Not later than March 1, 1994, the Comptroller General shall submit to the congressional defense committees a report containing the following:
"(A) The findings and conclusions of the Comptroller General resulting from the monitoring and evaluation conducted under paragraph (1).
"(B) An evaluation of the progress report submitted to the congressional defense committees by the Secretary of Defense pursuant to subsection (e).
"(C) Any recommendations for legislation or administrative action concerning the Fund that the Comptroller General considers appropriate."
Defense Business Operations Fund
Section 8121 of
"(a) There is established on the books of the Treasury a fund entitled the 'Defense Business Operations Fund' (hereinafter referred to as the 'Fund') to be operated as a working capital fund under the provisions of
"(b) Upon the enactment of this Act [Nov. 26, 1991], there shall be transferred to the Fund all assets and balances of working capital funds heretofore established under the provisions of
"(c) Amounts charged for supplies and services provided by the Fund shall include capital asset charges which shall be calculated so that the total amount of the charges assessed during any fiscal year shall equal the total amount of (1) the costs of equipment purchased during that fiscal year by the Fund for the purpose of providing supplies and services by the Fund and (2) the costs, other than costs of military construction, of capital improvements made for the purpose of providing services by the Fund.
"(d) Capital asset charges collected pursuant to the provisions of subsection (c) shall be credited to a subaccount of the Fund which shall be available only for the payment of: (1) the costs of equipment purchased by the Fund for the purpose of providing supplies and services by the Fund and (2) the costs other than costs of military construction, of capital improvements made for the purposes of providing services by the Fund."
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) Current applicable appropriations of the Department of Defense may be credited with proceeds of the disposals of supplies that are 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
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. Repealed. Pub. L. 103–355, title II, §2454(c)(1), Oct. 13, 1994, 108 Stat. 3326 ]
Section, added
A prior section 2212, added
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
§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
§2215. Transfer of funds to other departments and agencies: limitation
Funds available for military functions of the Department of Defense may not be made available to any other department or agency of the Federal Government pursuant to a provision of law enacted after November 29, 1989, unless, not less than 30 days before such funds are made available to such other department or agency, the Secretary of Defense submits to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives a certification that making those funds available to such other department or agency is in the national security interest of the United States.
(Added
Prior Provisions
A prior section 2215, added
Similar provisions were contained in
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
[§2216. Repealed. Pub. L. 101–510, div. A, title XIII, §1301(8), Nov. 5, 1990, 104 Stat. 1668 ]
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
1 So in original. Probably should be "Under Secretary of Defense (Comptroller)".
§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; and
(D) research and development relating to national defense sealift.
(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)
(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—
(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; or
(E) a hospital ship.
(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 (
(Added
References in Text
Section 1424 of
Codification
Amendments
1992—Subsec. (c)(2).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§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 a military department 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, department-wide nonappropriated morale, welfare, and recreation account of the military department.
(Added
§2220. Performance based management: acquisition programs
(a)
(2) The Comptroller of the Department of Defense 1 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
References in Text
The date of the enactment of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (b), is the date of enactment of
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
1 So in original. Probably should be "Under Secretary of Defense (Comptroller)".
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
1994—
1993—
1991—
1990—
1989—
1 So in original. Probably should be "2249".
§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
Interagency Courier Service
Restrictions on Procurements From Outside of United States
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 [Committee on Armed Services of the House of Representatives now Committee on National Security] 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
§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
Similar provisions 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
§2247.1 Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation
(a)
(b)
(Added
1 Another section 2247 is set out after section 2248.
§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
§2247.1 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
Effective Date
For effective date and applicability of section, see section 10001 of
1 So in original. Probably should be "§2249".
SUBCHAPTER II—MISCELLANEOUS ADMINISTRATIVE AUTHORITY
Amendments
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
Similar provisions 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 $12,000 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
§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
[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 137 —PROCUREMENT GENERALLY
Amendments
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
1 So in original. Two sections 2304a have been enacted.
[§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" 1
(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 Department of Defense is responsible for the system and the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $75,000,000 (based on fiscal year 1980 constant dollars) or the eventual total expenditure for procurement of more than $300,000,000 (based on fiscal year 1980 constant dollars); (B) a civilian agency is responsible for the system and total expenditures for the system are estimated to exceed $750,000 (based on fiscal year 1980 constant dollars) or 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", whichever is greater; or (C) the system is designated a "major system" by the head of the agency responsible for the system.
(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 (
(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
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 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
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 Committees on Armed Services of the Senate and House of Representatives [now Committee on Armed Services of the Senate and Committee on National Security 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
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, which shall not exceed five years and may be renewed upon its expiration for an additional term of not to exceed four 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 shall 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). The Secretary shall ensure that the reimbursement is provided for—
"(i) as 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;
"(ii) as a reimbursement of indirect costs incurred under the program which have been assigned to indirect cost pools, to the extent that such assigned costs are otherwise reasonable, allocable, and allowable;
"(iii) in a separate contract, cooperative agreement, or other agreement entered into between the Secretary and the mentor firm for the purpose of providing reimbursement of costs incurred under the program, subject to a maximum amount of reimbursement specified in such contract or agreement; or
"(iv) through a combination of the methods of reimbursement described in clauses (i), (ii), and (iii), but only if the mentor firm has an accounting system and controls adequate to assure proper identification and assignment of program costs to appropriate direct and indirect cost accounts.
"(B) The Secretary and a mentor firm may provide for the allocation of such costs to any Department of Defense contract awarded to the mentor firm.
"(3)(A) Costs incurred by a mentor firm in providing assistance to a protege firm that are not reimbursed pursuant to either subparagraph (A) or (C) of paragraph (2) or are reimbursed pursuant to subparagraph (B) of such paragraph 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) A mentor firm may not incur costs furnishing developmental assistance to a protege firm that are eligible for reimbursement pursuant to subsection (g) prior to October 1, 1991, or after September 30, 1996.
"(3) A mentor firm may receive credit toward the attainment of such firm's goals for subcontract awards to disadvantaged small business concerns for unreimbursed costs incurred in providing developmental assistance to the firm's protege firms, pursuant to subsection (g)(3), for the period beginning October 1, 1991, and ending September 30, 1999.
"(k)
"(l)
"(2) A report of the evaluation conducted by the General Accounting Office pursuant to subsection (a) shall be furnished to the Committees on Armed Services and Small Business of the Senate and House of Representatives by February 1, 1994. Such report shall cover the period October 1, 1991, through September 30, 1993. Recommendations shall be included regarding reauthorization of the program, and extending its application on a Government-wide basis.
"(3) An interim report shall be furnished to the Committees on Armed Services of the Senate and House of Representatives by March 30, 1992. The interim report shall—
"(A) evaluate the regulatory implementation of the program by the Department of Defense;
"(B) assess initial participation by firms eligible to be mentor firms or protege firms;
"(C) identify deficiencies, if any, in the statutory or regulatory framework of the program likely to impair the success of the program; and
"(D) make recommendations to correct any implementational impediments identified.
"(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 (
"(n)
[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
1 So in original. Probably should be followed by a period.
§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 FACNET capability
(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)
(Added
References in Text
Section 30 of the Office of Federal Procurement Policy Act, referred to in subsec. (a), is classified to
Effective Date
Section 9002(c) of
§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 in any part of an alternative dispute resolution 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 (j), 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 $100,000 (but equal to or less than $1,000,000), by the competition advocate for the procuring activity (without further delegation) or by an official referred to in clause (ii), (iii), or (iv);
(ii) in the case of a contract for an amount exceeding $1,000,000 (but equal to or less than $10,000,000), by the head of the procuring activity (or the head of the procuring activity's delegate designated pursuant to paragraph (6)(A));
(iii) in the case of a contract for an amount exceeding $10,000,000 (but equal to or less than $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 (
(iv) 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 Act of June 25, 1938 (
(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 and such document is approved by the competition advocate for the procuring activity.
(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 senior procurement executive under paragraph (1)(B)(iii) may be delegated only to an officer or employee within the senior procurement executive's organization 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 in grade GS–16 or above (or in a comparable or higher position under any other schedule for civilian officers or employees).
(C) The authority of the Under Secretary of Defense for Acquisition and Technology under paragraph (1)(B)(iv) 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 special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold.
(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.
(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 Act entitled "An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes", approved June 30, 1936 (commonly referred to as 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)(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 Wagner-O'Day Act, referred to in subsec. (f)(2)(D), is act June 25, 1938, ch. 697,
The Walsh-Healey Act (
The Davis-Bacon Act (
Codification
Amendments
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 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
Provisions Not Affected by Pub. L. 103–355
Repeal of prior subsec. (j) of this section by section 1004(b) 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)
Construction of 1984 Amendment
Section 2723(c) of
Evaluation of Contracts for Professional and Technical Services
Section 804 of
Regulations On Use of Fixed-Price Development Contracts
Section 807 of
"(a)
"(A) the level of program risk permits realistic pricing; and
"(B) the use of a fixed-price contract permits an equitable and sensible allocation of program risk between the United States and the contractor.
"(2)(A) The regulations also shall provide that if a contract for development of a major system is to be awarded in an amount greater than $10,000,000, the contract may not be a firm fixed-price contract.
"(B) A waiver of the requirement prescribed in regulations under subparagraph (A) may be granted by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Technology, but only if the Secretary determines and states in writing that the award is consistent with the criteria specified in clauses (A) and (B) of paragraph (1) and the regulations prescribed under such paragraph. The Secretary may delegate the authority in the preceding sentence only to a person who holds a position in the Office of the Secretary of Defense at or above the level of Assistant Secretary of Defense.
"(b)
"(c)
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)
"(B) The list submitted by the Secretary under this section shall not include—
"(i) any activity that is being performed under contract by non-Government personnel on the date of enactment of this Act [Sept. 28, 1988]; or
"(ii) any activity for which the Congress received, prior to the date of the enactment of this Act, a written notification of intent to contract pursuant to section 14(b)(2) of
"(b)
"(1)
"(2)
"(3)
"(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.1 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
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 (
"(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
1 Another section 2304a is set out after
§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
References in Text
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
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§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
References in Text
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
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2304d. Task and delivery order contracts: definitions
In sections 2304a,1 2304b, and 2304c of this title:
(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
References in Text
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
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2304a.1 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
Effective Date
Section 848(b) of
1 Another section 2304a is set out after
§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 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) 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.
(C) Subparagraph (B) 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.
(F) The contracting officer shall include a summary of the debriefing in the contract file.
(6) 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
(3) Regulations implementing this subsection shall be consistent with the regulations regarding the preparation and submission of an agency's protest file (the so-called "rule 4 file") for protests to the General Services Board of Contract Appeals under section 111 of the Federal Property and Administrative Services Act of 1949 (
(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
(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".
References in Text
Section 111 of the Federal Property and Administrative Services Act of 1949 (
Codification
Amendments
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 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
1 See References in Text note below.
[§2305a. Renumbered §2438]
§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 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 comprising subsec. (h)(11) of this section were contained in
Amendments
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) For purposes of paragraph (1)(C), a contractor or subcontractor granted a waiver under subsection (b)(1)(B) shall be considered as having been required to make available cost or pricing data under this section.
(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;
(ii) established catalog or market prices of commercial items that are sold in substantial quantities to the general public; or
(iii) prices set by law or regulation; or
(B) 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 cost or pricing data may not be required by reason of paragraph (1)(A); 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.
(3) FAR
(c)
(1)
(B) The head of the procuring activity may not require certified cost or pricing data to be submitted under this paragraph for any contract or subcontract, or modification of a contract or subcontract, covered by the exceptions in subsection (b)(1)(A).
(C) The head of a procuring activity may not delegate functions under this paragraph.
(2)
(d)
(1)
(2)
(ii) The information referred 1 in clause (i) is information on prices at which the same item or similar items have been sold in the commercial market that is adequate for evaluating, through price analysis, the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract under the procurement.
(B) The contracting officer shall exempt a contract, subcontract, or modification of a contract or subcontract under the procurement from the requirements of subsection (a) if the contracting officer obtains the information described in subparagraph (A)(ii) in accordance with standards and procedures set forth in the Federal Acquisition Regulation.
(C) A contracting officer may require submission of cost or pricing data under subsection (a) only if the contracting officer makes a written determination that the agency is unable to obtain the information described in subparagraph (A)(ii).
(3)
(B) The right under subparagraph (A) shall expire 2 years after the date of award of the contract, or 2 years after the date of the modification of the contract, with respect to which the information was provided.
(4)
(5)
(6)
(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,,2 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)
(i)
(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
Section 4(12) of the Office of Federal Procurement Policy Act, referred to in subsec. (i)(3), is classified to
Codification
Prior Provisions
Provisions similar to those in subsec. (h) of this section were contained in
Amendments
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 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
Review by Inspector General
Section 803(b) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by "to".
§2306b. Multiyear contracts
(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; and
(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 paragraph (1) 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 five-year 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.
(j)
(k)
(l)
(Added
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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
§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)
(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. (h)(9), is set out in
Prior Provisions
Provisions similar to those comprising subsec. (g) of this section were contained in
Amendments
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 and Technology 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
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 Comptroller General 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".
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.
(4) The Director (or any successor official) shall submit an annual report to the Secretary of Defense on the exercise of such authority during the preceding year and the reasons why such authority was exercised in any instance. The Secretary shall forward a copy of each such report to the Committees on Armed Services of the Senate and House of Representatives.
(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
1994—
Subsec. (f)(2).
1990—Subsec. (c).
1987—Subsec. (d)(1).
1985—Subsec. (d).
1984—Subsec. (b).
1966—Subsec. (b).
Subsec. (c).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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) Section 111 of the Federal Property and Administrative Services Act of 1949 (
(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
Amendments
1982—Subsec. (a).
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 (
"(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 (
"(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
"(a)
"(2) In prescribing such regulations, the Secretary shall give thorough consideration to the recommendations of the government-industry committee appointed pursuant to subsection (b).
"(3) Not less than 30 days before prescribing such regulations, the Secretary shall—
"(A) transmit, on a day on which both Houses of Congress are in session, to the Committees on Armed Services of the Senate and House of Representatives a report containing such regulations, the recommendations of the committee, and any matters required by subsection (b)(4); and
"(B) publish such regulations for comment in the Federal Register.
"(4) The regulations shall apply to contracts entered into on or after November 1, 1992, or, if provided in the regulations, an earlier date. The regulations may be applied to any other contract upon the agreement of the parties to the contract.
"(b)
"(2) The membership of the committee shall include, at a minimum, representatives of the following:
"(A) The Under Secretary of Defense for Acquisition and Technology.
"(B) The acquisition executives of the military departments.
"(C) Prime contractors under major defense acquisition programs.
"(D) Subcontractors and suppliers under major defense acquisition programs.
"(E) Contractors under contracts other than contracts under major defense acquisition programs.
"(F) Subcontractors and suppliers under contracts other than contracts under major defense acquisition programs.
"(G) Small businesses.
"(H) Contractors and subcontractors primarily involved in the sale of commercial products to the Department of Defense.
"(I) Contractors and subcontractors primarily involved in the sale of spare or repair parts to the Department of Defense.
"(J) Institutions of higher education.
"(3) Not later than June 1, 1992, the committee shall submit to the Secretary a report containing the following matters:
"(A) Proposals for the regulations to be prescribed by the Secretary pursuant to subsection (a).
"(B) Proposed legislation that the committee considers necessary to achieve the purposes of
"(C) Any other recommendations that the committee considers appropriate.
"(4) If the Secretary omits from the regulations prescribed pursuant to subsection (a) any regulation proposed by the advisory committee, any regulation proposed by a minority of the committee in any minority report accompanying the committee's report, or any part of such a proposed regulation, the Secretary shall set forth his reasons for each such omission in the report submitted to Congress pursuant to subsection (a)(3)(A).
"(c)
"(2) The period referred to in paragraph (1) is the period of 30 days of continuous session of Congress beginning on the date on which the report required by subsection (a)(3) is transmitted to the Committees on Armed Services of the Senate and House of Representatives. 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 of more than 3 days to a day certain are excluded in the computation of the 30-day period.
"(d)
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) 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 (issued under section 25(c) of the Office of Federal Procurement Policy 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) 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 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.
(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.
(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 2000.
(Added and amended
References in Text
Section 8(a) of the Small Business Act, referred to in subsec. (e)(3), is classified to
Codification
Section, as added by
Prior Provisions
A prior section 2323, added
Amendments
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 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 So in original. Probably should be preceded by a closing parenthesis.
2 So in original. Probably should be "(1) With".
§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
§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).
(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 awarding the contract.1 Such a determination shall be made in accordance with the criteria set out in paragraph (1) of section 4(g) of title III of the Act of March 3, 1933 (
(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 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.
(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
Codification
Another
Amendments
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 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)
"(2) The requirements for a review and certification under paragraph (1) shall not apply with respect to any business combination for which restructuring costs were paid or otherwise approved by the Secretary before August 15, 1994.
"(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.
"(3) Not later than December 1, 1997, the Comptroller General shall submit to Congress a final report on the policy of the Department of Defense on defense industry restructuring, including any recommendations the Comptroller considers appropriate."
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 1201(a) 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 So in original. The words "awarding the contract" probably should not appear.
[§2325. Repealed. Pub. L. 103–355, title VIII, §8104(b)(1), Oct. 13, 1994, 108 Stat. 3391 ]
Section, added
A prior section 2325 was renumbered
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
§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 such head of an agency determines that the waiver is necessary in order to support a contingency 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
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) This section does not apply to the Coast Guard or the National Aeronautics and Space Administration.
(e)
(Added
Codification
Prior Provisions
A prior section 2327 was renumbered
Amendments
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
Similar provisions were contained in the following authorization or appropriation acts:
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—
(1) unless 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, notifies the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives 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
1994—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
1990—Subsec. (a).
1989—Subsecs. (c), (d).
1987—
1986—
1985—
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Foreign Affairs of House of Representatives changed to Committee on International Relations of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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. 30, 1954, ch. 1073,
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
Similar provisions were contained in
Other prior similar provisions, formerly set out under
§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 items of military equipment not designated as part of the United States Munitions List 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
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
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 and Technology.
(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 and Technology 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 Committees on Armed Services and Foreign Relations of the Senate and to the Committees on Armed Services and Foreign Affairs 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
Similar provisions relating to NATO countries were contained in
Similar provisions relating to major non-NATO allies were contained in
Amendments
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Foreign Affairs of House of Representatives changed to Committee on International Relations of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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) prescribe procedures to be followed in the formation of contracts;
(B) prescribe terms and conditions to be included in contracts;
(C) prescribe 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) prescribe 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 to 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) 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 a cooperative project 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
1989—
1986—
Subsec. (a)(1).
Subsec. (c)(2).
Subsec. (e).
Subsec. (g)(2).
§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
Similar provisions 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
Similar provisions 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 Committees on Armed Services of the Senate and 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
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§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)
(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.
(c)
(d)
(Added
Prior Provisions
Similar provisions were contained in
Amendments
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)
(1) merged with the appropriations to which they are credited; and
(2) available for the same time period as those appropriations.
(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.
(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.
(Added
Codification
Section, as added by
Amendments
1994—Subsec. (a).
Subsec. (f).
CHAPTER 139 —RESEARCH AND DEVELOPMENT
Amendments
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. Contracts: notice to Congress required for contracts performed over period exceeding 10 years
(a)
(1) the contract is awarded or modified, and the contract is expected, at the time of the award or as a result of the modification (as the case may be), to be performed over a period exceeding 10 years from the date of initial award of the contract; or
(2) the performance of the contract continues for a period exceeding 10 years, and no notice of the type described in subsection (b) has otherwise been provided to Congress.
(b)
(1) identifying the contract;
(2) stating the date on which initial award of the contract occurred; and
(3) stating the period of time over which performance of the contract is expected to occur.
(c)
(1) the date of award or modification of the contract, in the case of a contract described in subsection (a)(1); and
(2) the date on which performance of the contract exceeds 10 years, in the case of a contract described in subsection (a)(2).
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2352 | 5:235d; 5:475i; 5:628d. | July 16, 1952, ch. 882, §3, |
The words "or both" are inserted to conform to
Amendments
1992—
1991—
Effective Date of 1992 Amendment
Section 1053(4) of
Effective Date of 1991 Amendment
Section 803(b) of
§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. Contracts: delegations
(a) The Secretary of a military department may delegate any authority under section 1584, 2353, 2354, or 2355 1 of this title to—
(1) the Under Secretary of his department;
(2) an Assistant Secretary of his department; or
(3) the chief, and one assistant to the chief, of any technical service, bureau, or office.
However, the authority of the Secretary under
(b) Subject to other provisions of law, the power to negotiate and administer contracts for research or development, or both, may be further delegated. In this section, the term "negotiate" means make without a solicitation for sealed bids under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2356(a) | 5:235h (less last sentence, and less applicability to 5:235b). | July 16, 1952, ch. 882, §7 (less applicability to §1), |
| 5:475m (less last sentence, and less applicability to 5:475g). | ||
| 5:628h (less last sentence, and less applicability to 5:628b). | ||
| 2356(b) | 5:235h (last sentence, less applicability to 5:235b). | |
| 5:475m (last sentence, less applicability to 5:475g). | ||
| 5:628h (last sentence, less applicability to 5:628b). |
In subsection (b), the last sentence is inserted to conform to
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2356(b) | [No source]. | [No source]. |
The amendments reflect section 1(44) of the bill [amending
References in Text
Amendments
1987—Subsec. (b).
1984—Subsec. (b).
1958—Subsec. (b).
Effective Date of 1984 Amendment
Amendment by
Cross References
Procurement generally, delegation of powers, see
1 See References in Text note below.
[§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
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
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 Director of the National Science Foundation shall designate a State as an eligible State if, as determined by the Director—
"(A) the institutional average amount of Federal financial assistance for research and development received by the institutions of higher education in the State for the fiscal year preceding the fiscal year for which the designation is effective, or for the last fiscal year for which statistics are available, is less than the amount equal to 60 percent of the national institutional average amount of Federal financial assistance for research and development received by the institutions of higher education in the United States for such preceding or last fiscal year, as the case may be;
"(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; and
"(C) the State is an eligible State for purposes of the Experimental Program to Stimulate Competitive Research conducted by the National Science Foundation.
"(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."
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.
(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) Each report 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.
(Added
Prior Provisions
A prior section 2361 was renumbered
Amendments
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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 milestone O, milestone I, and milestone II 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 "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.
(Added
Amendments
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
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.
(Added
Codification
Amendments
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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 Committees on Armed Services and the Committees on Appropriations of the Senate and 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
1991—Subsec. (d).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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. Biological Defense Research Program
(a)
(b)
(1) A description of each biological or infectious agent or toxin that was used in, or that was the subject of, research, development, test, and evaluation conducted for the purposes of biological defense during the fiscal year covered by the report and not previously listed in publications of the Centers for Disease Control (CDC).
(2) A description of the biological properties of each such agent.
(3) A statement of the location of each biological defense research facility and the amount spent by the Department of Defense during the fiscal year covered by the report at each such facility for research, development, test, and evaluation for biological defense research.
(4) A statement of the biosafety level used at each such facility in conducting that research, development, test, and evaluation.
(5) A statement that documentation of annual coordination with local health, fire, and police officials for the provision of emergency support services has been included in the facility safety plan for each biological defense research facility.
(c)
(d)
(1) The term "biosafety level" means the applicable biosafety level described in the publication entitled "Biosafety in Microbiological and Biomedical Laboratories" (CDC–NIH, 1984).
(2) The term "biological defense research facility" means a location at which research, development, test, and evaluation for purposes of biological defense involving any biological or infectious agent or toxin (whether or not listed in a CDC publication) is conducted.
(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)
(1) 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;
(2) 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; and
(3) a cooperative agreement containing a clause under subsection (d) or a transaction authorized under subsection (a) is used for a research project only when the use of a standard contract, grant, or cooperative agreement for such project is not feasible or appropriate.
(f)
(g)
(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).
(i)
(Added
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (i), is
Amendments
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Authority of Advanced Research Projects Agency To Carry Out Certain Prototype Projects
Section 845 of
"(a)
"(b)
"(2) The Director shall, to the maximum extent practicable, use competitive procedures when entering into agreements to carry out projects under subsection (a).
"(c)
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
References in Text
Amendments
1993—Subsec. (g)(5).
1992—Subsec. (e)(1).
1991—
Subsec. (d)(2)(B).
Effective Date of 1991 Amendment
Section 802(e) of
Regulations
Section 802(b) of
Study by Office of Technology Assessment
Section 802(c) of
1 See References in Text note below.
§2373. Procurement for experimental purposes
(a)
(b)
(Added
Prior Provisions
Provisions similar to those comprising this section were contained in
Amendments
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
CHAPTER 140 —PROCUREMENT OF COMMERCIAL ITEMS
§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
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
CHAPTER 141 —MISCELLANEOUS PROCUREMENT PROVISIONS
Amendments
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. Procurement of critical aircraft and ship spare parts: quality control
(a) In procuring any spare or repair part that is critical to the operation of an aircraft or ship, the Secretary of Defense shall require the contractor supplying such part to provide a part that meets all appropriate qualification and contractual quality requirements as may be specified and made available to prospective offerors. In establishing the appropriate qualification requirements, the Secretary of Defense shall use the Department of Defense qualification requirements that were used to qualify the original production part unless the Secretary determines in writing—
(1) that there are other requirements sufficiently similar to those requirements that should be used instead; or
(2) that any or all such requirements are unnecessary.
(b) In this section, the term "spare or repair part" means any individual piece, part, subassembly, or component which is furnished for the logistic support or repair of an end item and not as an end item itself.
(Added
Prior Provisions
A prior section 2383, act Aug. 10, 1956, ch. 1041,
Amendments
1994—Subsec. (a).
1991—Subsec. (b).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date
Section 805(b) of
§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
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 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
1 So in original. Probably should be preceded by a closing parenthesis.
§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) 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
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) 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.
(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
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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. NOTIFICATION
"(a)
"(1) the annual budget of the President submitted to Congress pursuant to
"(2) the public announcement of the realignment or closure of a military installation or defense facility; or
"(3) the cancellation or curtailment of a major defense contract.
"(b)
"(1) the chief elected executive official of an affected State;
"(2) the mayor of an affected city;
"(3) the executive or other appropriate representative of any other affected political subdivision of a State; and
"(4) the head of a national or international labor organization, the headquarters of which is located in the United States, which represents a substantially and seriously affected group of workers.
"(c)
"(d)
"(1) proposed in the budget of the President which was submitted to Congress during the period beginning on January 1, 1990, and ending on the date of the enactment of this Act [Nov. 5, 1990]; or
"(2) otherwise announced during such period.
"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. SECRETARY OF DEFENSE NOTICE REQUIREMENT
"(a)
"(1) provide timely information to the Secretary of Labor on—
"(A) any proposed closure of, or substantial reduction in, military installations; and
"(B) any proposed cancellation of, or reduction in, any contract for products or services for the Department of Defense,
if the proposed closure, cancellation, or reduction will have a substantial impact on employment;
"(2) when feasible, identify the location at which employment which will be affected by such closure, cancellation, or reduction; and
"(3) provide to the Secretary of Labor information with respect to such proposed closure, cancellation, or reduction.
"(b)
"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
"(a)
"(b)
"(1) prepare a report listing active and nonactive military facilities that the Secretary of Defense has identified as subjects for closure, as being underutilized in whole or part, or as being excess to the needs of the Department of Defense;
"(2) identify those facilities, or parts of facilities, that could be effectively utilized or renovated to serve as Federal confinement or correctional facilities including shock incarceration facilities;
"(3) identify those facilities, or parts of facilities, that could be effectively utilized or renovated to serve as drug treatment facilities for nonviolent drug abusers;
"(4) identify those facilities, or parts of facilities, that could be effectively utilized or renovated to meet the needs of States and local jurisdictions for confinement or correctional facilities; and
"(5) transmit a list of such facilities to the President and to the Congress.
"(c)
[Section 2922(b) 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.
§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, 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; and
(3) tuition.
(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
1982—Subsec. (b)(2)(C).
§2397. Employees or former employees of defense contractors: reports
(a) In this section:
(1) The term "contract" means a contract (including the net amount of modifications to, and the exercise of options under, the contract) that is in an amount in excess of the simplified acquisition threshold, as in effect at the time that the contract is awarded. The term does not include a contract for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (
(2) The term "defense contractor" means a person that provides services, supplies, or both (including construction) to the Department of Defense under a contract directly with the Department.
(3) The term "served", when used with "otherwise", includes the representation of a defense contractor—
(A) at a hearing, trial, appeal, or other action in which the United States was a party and that involved services, supplies, or both (including construction) that were provided to, or to be provided to, the Department by the contractor; and
(B) in a transaction with the Department that involved services, supplies, or both (including construction) that were provided to, or to be provided to, the Department by the contractor.
(b)(1) This subsection applies to—
(A) a former or retired officer of the Army, Navy, Air Force, or Marine Corps who (i) has at least 10 years of active service, and (ii) held for any period during that service a grade above captain or, if the Navy, above lieutenant; and
(B) a former civilian official or employee (including a consultant or part-time employee) of the Department of Defense whose pay rate (at any time during the three-year period before the end of the last service of the person with the Department) was at least equal to the minimum rate at the time for GS–13.
(2)(A) If a person to whom this subsection applies (i) was employed by, or served as a consultant or otherwise to, a defense contractor at any time during a year at an annual pay rate of at least $25,000 and the defense contractor was awarded contracts by the Department of Defense during the preceding year that totaled at least $10,000,000, and (ii) within the two-year period ending on the day before the person began the employment or consulting relationship, the person served on active duty or was a civilian employee for the Department, the person shall file a report with the Secretary of Defense in such manner and form as the Secretary may prescribe. The person shall file the report not later than 90 days after the date on which the person began the employment or consulting relationship.
(B) The person shall file an additional report each time, during the two-year period beginning on the date the active duty or civilian employment with the Department terminated, that the person's job with the defense contractor significantly changes or the person commences an employment or consulting relationship with another defense contractor under the conditions described in the first sentence. A person required to file an additional report under this subparagraph shall file the report within 30 days after the date of the change or the date the employment or consulting relationship commences, as the case may be.
(3) The report shall contain the following information:
(A) The name and address of the person reporting.
(B) The name and address of the defense contractor that employed the person or for whom the person served as a consultant or otherwise.
(C) The title of the position of the person when serving the defense contractor.
(D) A description of the duties and work performed or to be performed by the person for the defense contractor, and a description of any similar duties or work performed for which the person had at least partial responsibility as a civilian official or employee of the Department of Defense or a member of the armed forces during the two-year period referred to in paragraph (2)(A)(ii).
(E) The military grade of the person while on active duty or the gross pay rate while performing civilian service for the Department.
(F) A description of the duties and the work performed by the person while on active duty or performing civilian service for the Department during the two-year period referred to in paragraph (2)(A)(ii) and a description of the type of work performed and the extent to which such work was performed by the person for the defense contractor that has employed the person or has retained the person as a consultant.
(G) The date the active duty or civilian service by the person for the Department ended and the date the service with the defense contractor began and, if applicable, ended.
(H) Other pertinent information the Secretary requires.
(I) A statement describing any disqualification action taken by the person during the two-year period referred to in paragraph (2)(A)(ii) with respect to any involvement in a matter concerning the defense contractor.
(c)(1) A person who (A) holds civilian office or employment (including employment as a consultant or part-time employee) in the Department at any time during a year at a pay rate at least equal to the minimum rate for GS–13, and (B) within the two-year period before the effective date of employment with the Department was employed by, or served as a consultant or otherwise to, a defense contractor at any time during a year at an annual pay rate of at least $25,000 and the contractor was awarded contracts by the Department during that year that total at least $10,000,000, shall file a report with the Secretary in the way and at the time prescribed by the Secretary.
(2) The report shall contain the following information:
(A) The name and address of the person reporting.
(B) The title of the position of the person with the Department.
(C) A description of the duties and work performed by the person with the Department and a description of any similar duties or work for which the person had at least partial responsibility as an employee or consultant of the defense contractor during the two-year period referred to in paragraph (1)(B).
(D) The name and address of the defense contractor that employed the person or for whom the person served as a consultant or otherwise.
(E) The title of the position of the person when serving the defense contractor.
(F) A description of the duties and work performed by the person for the defense contractor and a description of the type of work and the extent to which such work was performed by the person in connection with contracts of the defense contractor with the Department during the two-year period referred to in paragraph (1)(B).
(G) The date the service of the person with the defense contractor ended and the date the service with the Department began.
(H) Other pertinent information the Secretary requires.
(d) The Secretary shall maintain a file containing the information filed under this section. The file may be inspected by members of the public at any time during regular work hours.
(e) Before April 1 of each year, the Secretary shall report to Congress the names of persons who have filed reports for the preceding year under this section. The names shall be listed, by groups, under the names of the appropriate defense contractors. The Secretary may include for each name appropriate additional information.
(f)(1) A person who fails to comply with the filing requirements of this section shall be liable to the United States for an administrative penalty in the amount of $10,000, or in such lesser amount as may be determined by the Secretary of Defense, considering all the relevant circumstances.
(2) The Secretary shall determine whether a person has failed to file a report required by this section and shall determine the amount of the penalty under paragraph (1). The Secretary shall make the determinations on the record after opportunity for an agency hearing as provided in subchapter II of
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2397(a) | 50:1436(a)(3)–(7), (b)(1)(B), (C), (h). | Nov. 19, 1969, |
| 2397(b) | 50:1436(a)(1), (2), (b)(1) (less (B), (C)), (c)(1) (words before semicolon), (c)(2) (words before semicolon), (c)(3) (words before semicolon), (e) (words before semicolon). | |
| 2397(c) | 50:1436(b)(2), (c)(1) (less words before semicolon), (c)(2) (less words before semicolon), (c)(3) (less words before semicolon), (e) (less words before semicolon). | |
| 2397(d) | 50:1436(f). | |
| 2397(e) | 50:1436(d). | |
| 2397(f) | 50:1436(g). |
In the section, the words "services, supplies, or both" are substituted for "services and materials" because "supplies" is defined in 10:101(26) to include material. However, the word "construction" is retained and used with "services, supplies, or both" to allow the definition of "services and materials" in 50:1436(a)(4) to be omitted. The text of 50:1436(b) (words before (1)) is omitted as unnecessary because of the restatement.
In subsection (a), the definition of "Department of Defense" in 50:1436(a)(5) is omitted because of 10:101(5). The text of 50:1436(h) is omitted as executed. The text of 50:1436(a)(7) is omitted as unnecessary.
In subsection (a)(2), the word "person" is substituted for "individual, firm, corporation, partnership, association, or other legal entity" because of 1:1.
In subsection (a)(3), the source provisions are restated to include the conduct described therein within the definition of "served" when used with "otherwise". Although 50:1436(b)(1)(A)–(C) appear to be co-equal clauses, the use in other parts of the source provision only of the language used in clause (A), coupled with the legislative history of the source provision, indicates that clauses (B) and (C) are only descriptions of conduct that is within the scope of clause (A) as service "otherwise" than that described in that clause.
In subsection (b), the word "commissioned" is omitted as unnecessary because of 10:101(14). The words "Army, Navy, Air Force, or Marine Corps" are substituted for "Armed Forces of the United States" for clarity. In ordinary context, "Armed Forces of the United States" would include the Coast Guard (10:101(4)). However, the context of 50:1436 indicates that the term was not intended to include the Coast Guard; the section elsewhere refers only to the Department of Defense, not to the Department of Transportation under which the Coast Guard is located. The words "civilian official" are substituted for "civilian officer" to use the more appropriate terminology.
In subsection (c), the text of 50:1436(e) (less words before semicolon) is omitted as covered by the words "holds . . . at any time during a fiscal year".
In subsection (e), the word "Congress" is substituted for "the President of the Senate and the Speaker of the House of Representatives" for consistency in title 10 and with other titles of the United States Code.
In subsection (f), the words "shall be guilty of a misdemeanor" are omitted as unnecessary because of 18:1. The words "upon conviction thereof" are omitted as surplus.
Amendments
1994—Subsec. (a)(1).
1992—Subsec. (a)(1).
1991—Subsec. (a)(1).
1987—Subsec. (a).
Subsec. (b)(1)(B).
Subsecs. (b)(2), (3), (c).
Subsec. (f)(2).
1985—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(3)(D).
Subsec. (b)(3)(F).
Subsec. (b)(3)(I).
Subsec. (c)(1).
Subsec. (c)(2)(C).
Subsec. (c)(2)(F).
Subsec. (e).
Subsec. (f).
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
§2397a. Requirements relating to private employment contacts between certain Department of Defense procurement officials and defense contractors
(a) In this section:
(1) The term "contract" has the same meaning as provided in
(2) The term "covered defense official" means any individual who is serving—
(A) as a civilian officer or employee of the Department of Defense in a position for which the rate of pay is equal to or greater than the minimum rate of pay payable for grade GS–11 under the General Schedule; or
(B) on active duty in the armed forces in a pay grade of O–4 or higher.
(3) The term "defense contractor" has the same meaning as provided in
(4) The term "designated agency ethics official" has the same meaning as the term "designated agency official" in section 109(3) of the Ethics in Government Act of 1978 (
(5) The term "employment" means a relationship under which an individual furnishes services in return for any payment or other compensation paid directly or indirectly to the individual for the services.
(6) The term "procurement function" includes, with respect to a contract, any function relating to—
(A) the negotiation, award, administration, or approval of the contract;
(B) the selection of a contractor;
(C) the approval of changes in the contract;
(D) quality assurance, operation and developmental testing, the approval of payment, or auditing under the contract; or
(E) the management of the procurement program.
(b)(1) If a covered defense official who has participated in the performance of a procurement function in connection with a contract awarded by the Department of Defense contacts, or is contacted by, the defense contractor to whom the contract was awarded (or an agent of such contractor) regarding future employment opportunities for the official with the defense contractor, the official (except as provided in paragraph (2)) shall—
(A) promptly report the contact to the official's supervisor and to the designated agency ethics official (or his designee) of the agency in which the covered defense official is employed; and
(B) for any period for which future employment opportunities for the covered defense official have not been rejected by either the covered defense official or the defense contractor, disqualify himself from all participation in the performance of procurement functions relating to contracts of the defense contractor.
(2) A covered defense official is not required to report the first contact with a defense contractor under paragraph (1)(A) or to disqualify himself under paragraph (1)(B) if the defense official terminates the contact immediately. However, if an additional contact of the same or a similar nature is made by or with the defense contractor, the covered defense official shall report (as provided in paragraph (1)) the contact and all contacts of the same or a similar nature made by or with the defense contractor during the 90-day period ending on the date the additional contact is made.
(c) A report required by subsection (b)(1) shall include—
(1) the date of each contact covered by the report; and
(2) a brief description of the substance of the contact.
(d)(1)(A) If the Secretary of Defense determines under paragraph (2) that a person has failed promptly to make a report required by subsection (b)(1)(A) or (b)(2) or has failed to disqualify himself in any case in which he is required to do so under subsection (b)(1)(B)—
(i) the person may not accept or continue employment with the defense contractor during the 10-year period beginning with the date of separation from Government service; and
(ii) the Secretary may impose on the person an administrative penalty in the amount of $10,000, or in such lesser amount as may be prescribed by the Secretary, taking into consideration all the circumstances.
(B) An individual who accepts or continues employment prohibited by subparagraph (A)(i) shall be liable to the United States for an administrative penalty as provided in subparagraph (A)(ii). Such penalty may be in addition to any penalty previously imposed on the individual under subparagraph (A)(ii) for failure promptly to make a report relating to the defense contractor by whom the individual is employed as required by subsection (b)(1)(A) or (b)(2).
(C) The Secretary of Defense may take action against an individual under this paragraph before, on, or after the date on which the individual's employment with the Government is terminated.
(2)(A) The Secretary of Defense shall determine—
(i) whether an individual has failed promptly to make a report required by subsection (b)(1)(A) or (b)(2) or has failed to disqualify himself in any case in which he is required to do so under subsection (b)(1)(B) and whether to impose a penalty under paragraph (1)(A)(ii) and the amount of such penalty; and
(ii) whether an individual is liable to the United States for an administrative penalty under paragraph (1)(B) and the amount of such penalty.
There shall be a rebuttable presumption in favor of a covered defense official that failure to report a contact with a defense contractor or failure to disqualify himself from participation in the performance of certain procurement functions is not a violation of subsection (b)(1)(A) or (b)(2) or subsection (b)(1)(B), as the case may be, if the defense official has received an opinion in writing from the designated agency ethics official under subsection (e) stating that a report or disqualification by the official was not necessary.
(B) Determinations of the Secretary under subparagraph (A) shall be made on the record after opportunity for an agency hearing as provided in subchapter II of
(e) If a designated agency ethics official or his designee receives a report required by subsection (b) or a request for advice from a covered defense official relating to a contact described in such subsection, the designated agency ethics official or his designee may issue a written opinion regarding the necessity of a covered defense official to file a report or disqualify himself from participation in certain procurement functions, as the case may be.
(f) A covered defense official should request the advice of his supervisor and the appropriate designated agency ethics official (or his designee) on matters to which this section applies.
(Added
References in Text
The General Schedule, referred to in subsec. (a)(2)(A), is set out under
Amendments
1990—Subsec. (a)(4).
1987—Subsec. (a).
Effective Date of 1990 Amendment
Section 10(c) of
Effective Date
Section 923(b) of
Suspension of Effect of Section
Post-Government-Service Employment Bars on Senior Defense Officials
§2397b. Certain former Department of Defense procurement officials: limitations on employment by contractors
(a)(1) Subject to subsections (c) and (d), a person who is a former officer or employee of the Department of Defense or a former or retired member of the armed forces may not accept compensation from a contractor during the two-year period beginning on the date of such person's separation from service in the Department of Defense if—
(A) on a majority of the person's working days during the two-year period ending on the date of such person's separation from service in the Department of Defense, the person performed a procurement function (relating to a contract of the Department of Defense) at a site or plant that is owned or operated by the contractor and that was the principal location of such person's performance of that procurement function;
(B) the person performed, on a majority of the person's working days during such two-year period, procurement functions relating to a major defense system and, in the performance of such functions, participated personally and substantially, and in a manner involving decisionmaking responsibilities, with respect to a contract for that system through contact with the contractor; or
(C) during such two-year period the person acted as one of the primary representatives of the United States—
(i) in the negotiation of a Department of Defense contract in an amount in excess of $10,000,000 with the contractor; or
(ii) in the negotiation of a settlement of an unresolved claim of the contractor in an amount in excess of $10,000,000 under a Department of Defense contract.
(2) In the application of paragraph (1) to a former officer or employee of the Department of Defense or a former or retired member of the armed forces, a person's status as a contractor shall be determined as of the date of the separation from service in the Department of Defense of the officer or employee or member or former member involved.
(b)(1) Any person who knowingly violates subsection (a)(1) shall be subject to a civil fine, in an amount not to exceed $250,000, in a civil action brought by the United States in the appropriate district court of the United States.
(2) Any person who knowingly offers or provides any compensation to another person, and who knew or should have known that the acceptance of such compensation is or would be in violation of subsection (a)(1), shall be subject to a civil fine, in an amount not to exceed $500,000, in a civil action brought by the United States in the appropriate district court of the United States.
(c) This section does not apply to any person with respect to—
(1) duties described in clause (A) or (B) of subsection (a)(1) which were performed while such person was serving—
(A) in a civilian position for which the rate of pay is less than the minimum rate of pay payable for grade GS–13 of the General Schedule; or
(B) as a member of the armed forces in a pay grade below pay grade O–4; or
(2) duties described in clause (C) of subsection (a)(1) which were performed while such person was serving—
(A) in a civilian position for which the rate of pay is less than the minimum rate of pay payable for a Senior Executive Service position; or
(B) as a member of the armed forces in a pay grade below pay grade O–7.
(d) This section does not prohibit any person from accepting compensation from any contractor that, during the fiscal year preceding the fiscal year in which such compensation is accepted, was not a Department of Defense contractor or was a contractor under Department of Defense contracts in a total amount less than $10,000,000.
(e)(1) Any person may, before accepting any compensation, request the appropriate designated agency ethics official to advise such person on the applicability of this section to the acceptance of such compensation. For purposes of the preceding sentence, the appropriate designated agency ethics official is the designated agency ethics official of the agency in which such person was serving at the time such person separated from service in the Department of Defense.
(2) A request for advice under paragraph (1) shall contain all information that is relevant to a determination by the designated agency ethics official on such request.
(3) Not later than 30 days after the date on which a designated agency ethics official receives a request for advice under paragraph (1), such official shall issue a written opinion on the applicability of this section to the acceptance of compensation covered by the request.
(4) If a designated agency ethics official, on the basis of a complete disclosure as required by paragraph (2), states in a written opinion furnished to any person under this subsection that this section is inapplicable to the acceptance of compensation by such person from a contractor in a particular case, there shall be a conclusive presumption in favor of such person, for the purposes of this section, that the person's acceptance of such compensation in such case is not a violation of subsection (a)(1).
(f) In this section:
(1) The term "compensation" includes any payment, gift, benefit, reward, favor, or gratuity—
(A) which is provided, directly or indirectly, for services rendered by the person accepting such payment, gift, benefit, reward, favor, or gratuity; and
(B) which is valued in excess of $250 at the prevailing market price.
(2)(A) The term "contractor" means a person—
(i) that contracts to supply the Department of Defense with goods or services;
(ii) that controls or is controlled by a person described in clause (i); or
(iii) that is under common control with a person described in clause (i).
(B) Such term does not include—
(i) an affiliate or subsidiary of a person described in subparagraph (A) that is clearly not engaged in the performance of a Department of Defense contract;
(ii) a State or local government; or
(iii) any person who contracts to supply the Department of Defense only commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (
(3) The term "procurement function" includes, with respect to a contract, any function relating to—
(A) the negotiation, award, administration, or approval of the contract;
(B) the selection of a contractor;
(C) the approval of changes in the contract;
(D) quality assurance, operational and developmental testing, the approval of payment, or auditing under the contract; or
(E) the management of the procurement program.
(4) The term "armed forces" does not include the Coast Guard.
(5) The term "major defense system" has the meaning given the term "major system" in
(g) For the purposes of this section, a person who is a retired member or a former member of the armed forces shall be considered to have been separated from service in the Department of Defense upon the date of the person's discharge or release from active duty.
(Added
References in Text
The General Schedule, referred to in subsec. (c)(1)(A), is set out under
For pay payable for a Senior Executive Service position, referred to in subsec. (c)(2)(A), see
Codification
Amendments
1994—Subsec. (f)(2)(B)(iii).
1987—Subsec. (a)(1)(C).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date
Section 101(c) [title X, §931(c)] of
"(1) Subject to paragraph (2), this section and the amendments made by this section [enacting
"(2)(A) The amendments made by this section—
"(i) do not preclude the continuation of employment that began before the effective date of this section or the acceptance of compensation for such employment; and
"(ii) do not, except as provided in subparagraph (B), apply to a person whose service in the Department of Defense terminates before the effective date of this section.
"(B) Subparagraph (A)(ii) does not preclude the application of the amendments made by this section to a person with respect to service in the Department of Defense by such person on or after the effective date of this section."
Suspension of Effect of Section
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
§2397c. Defense contractors: requirements concerning former Department of Defense officials
(a)(1) Each contract for the procurement of goods or services in excess of $100,000 entered into by the Department of Defense shall include a provision under which the contractor agrees not to provide compensation to a person if the acceptance of such compensation by such person would violate
(2) Such a contract shall also provide that if the contractor knowingly violates a contract provision required by paragraph (1) the contractor shall pay to the United States, as liquidated damages under the contract, an amount equal to the greater of—
(A) $100,000; or
(B) three times the amount of the compensation paid by the contractor to the person in violation of such contract provision.
(b)(1)(A) Any contractor that was awarded one or more contracts by the Department of Defense during the preceding fiscal year in an aggregate amount of at least $10,000,000 that is subject during a calendar year to a contract provision described in subsection (a) shall submit to the Secretary of Defense, not later than April 1 of the next year, a written report covering the preceding calendar year. Each such report shall list the name of each person (together with other information adequate for the Government to identify the person) who—
(i) is a former officer or employee of the Department of Defense or a former or retired member of the armed forces; and
(ii) during the preceding calendar year was provided compensation by that contractor, if such compensation was provided within two years after such officer, employee, or member left service in the Department of Defense.
(B) In the case of each person named in a report submitted under subparagraph (A), the report shall—
(i) identify the agency in which the person was employed or served on active duty during the last two years of the person's service with the Department of Defense;
(ii) state the person's job title and identify each major defense system, if any, on which the person performed any work with the Department of Defense during the last two years of the person's service with the Department;
(iii) contain a complete description of any work that the person is performing on behalf of the contractor; and
(iv) identify each major defense system on which the person has performed any work on behalf of the contractor.
(2) A person who knowingly fails to file a report required by paragraph (1) shall be subject to an administrative penalty, not to exceed $10,000, imposed by the Secretary of Defense after an opportunity for an agency hearing on the record pursuant to regulations prescribed by the Secretary of Defense. The determinations of the Secretary shall be included in such record. The determinations of the Secretary shall be subject to judicial review under
(3) The Secretary of Defense shall review each report under paragraph (1) for the purposes of (A) assessing the accuracy and completeness of the report, and (B) identifying possible violations of
(4) The Secretary shall make reports submitted under this subsection available to any Member of Congress upon request.
(d) Subsection (g) of
(e) This section does not apply to contracts for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (
(Added
Codification
Amendments
1994—Subsec. (e).
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective Date
Section effective 180 days after Oct. 18, 1986, with certain exceptions, see section 101(c) of
§2398. Procurement of gasohol as motor vehicle fuel
(a)
(b)
(c)
(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. (b), is set out under
Section 4081 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to
Amendments
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 and Technology, 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 the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.
(Added
Prior Provisions
A prior section 2399, added
Amendments
1994—Subsecs. (b)(5), (c)(1).
Subsec. (e)(3)(B).
Subsec. (g).
Subsec. (h)(1).
1993—Subsec. (b)(3).
1992—Subsec. (e)(3).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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 the preceding 1 sentence, 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)
(2) For each naval vessel program and military satellite program, the Secretary of Defense shall submit to Congress a report providing—
(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.
(Added
Prior Provisions
A prior section 2400 was renumbered
Amendments
1994—Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (a)(5).
1 So in original. Probably should be "first".
§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 Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the Secretary's intention to issue such a solicitation; and
(C) the Secretary has notified the Committees on Armed Services and on Appropriations of the Senate and House of Representatives 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 pursuant to an authorization contained in the Department of Defense Authorization Act, 1984 (
(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 Department of Defense Authorization Act, 1984, referred to in subsec. (c)(2), is
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
1993—Subsec. (c)(2)(A).
1987—Subsec. (d)(1)(B).
1984—Subsec. (c).
Subsec. (f).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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."
§2401a. Lease of vessels, aircraft, and vehicles
The Secretary of Defense or the Secretary of a military department may not enter into any contract with a term of 18 months or more, or extend or renew any contract for a term of 18 months or more, for any vessel, aircraft, or vehicle, through a lease, charter, or similar agreement, unless the Secretary has considered all costs of such contract (including estimated termination liability) and has determined in writing that the contract is in the best interest of the Government.
(Added
Prior Provisions
Similar provisions were contained in
A prior section 2401a was renumbered
§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. Major weapon systems: contractor guarantees
(a) In this section:
(1) The term "weapon system" means items that can be used directly by the armed forces to carry out combat missions and that cost more than $100,000 or for which the eventual total procurement cost is more than $10,000,000. Such term does not include commercial items sold in substantial quantities to the general public.
(2) The term "prime contractor" means a party that enters into an agreement directly with the United States to furnish part or all of a weapon system.
(3) The term "design and manufacturing requirements" means structural and engineering plans and manufacturing particulars, including precise measurements, tolerances, materials, and finished product tests for the weapon system being produced.
(4) The term "essential performance requirements", with respect to a weapon system, means the operating capabilities or maintenance and reliability characteristics of the system that are determined by the Secretary of Defense to be necessary for the system to fulfill the military requirement for which the system is designed.
(5) The term "component" means any constituent element of a weapon system.
(6) The term "mature full-scale production" means the manufacture of all units of a weapon system after the manufacture of the first one-tenth of the eventual total production or the initial production quantity of such system, whichever is less.
(7) The term "initial production quantity" means the number of units of a weapon system contracted for in the first year of full-scale production.
(8) The term "head of an agency" has the meaning given that term in
(b) Except as otherwise provided in this section, the head of an agency may not after January 1, 1985, enter into a contract for the production of a weapon system unless each prime contractor for the system provides the United States with written guarantees that—
(1) the item provided under the contract will conform to the design and manufacturing requirements specifically delineated in the production contract (or in any amendment to that contract);
(2) the item provided under the contract, at the time it is delivered to the United States, will be free from all defects in materials and workmanship;
(3) the item provided under the contract will conform to the essential performance requirements of the item as specifically delineated in the production contract (or in any amendment to that contract); and
(4) if the item provided under the contract fails to meet the guarantee specified in clause (1), (2), or (3), the contractor will at the election of the Secretary of Defense or as otherwise provided in the contract—
(A) promptly take such corrective action as may be necessary to correct the failure at no additional cost to the United States; or
(B) pay costs reasonably incurred by the United States in taking such corrective action.
(c) The head of the agency concerned may not require guarantees under subsection (b) from a prime contractor for a weapon system, or for a component of a weapon system, that is furnished by the United States to the contractor.
(d) Subject to subsection (e)(1), the Secretary of Defense may waive part or all of subsection (b) in the case of a weapon system, or component of a weapon system, if the Secretary determines—
(1) that the waiver is necessary in the interest of national defense; or
(2) that a guarantee under that subsection would not be cost-effective.
The Secretary may not delegate authority under this subsection to any person who holds a position below the level of Assistant Secretary of Defense or Assistant Secretary of a military department.
(e) Before making a waiver under subsection (d) with respect to a weapon system that is a major defense acquisition program for the purpose of
(f) The requirement for a guarantee under subsection (b)(3) applies only in the case of a contract for a weapon system that is in mature full-scale production. However, nothing in this section prohibits the head of the agency concerned from negotiating a guarantee similar to the guarantee described in that subsection for a weapon system not yet in mature full-scale production. When a contract for a weapon system not yet in mature full-scale production is not to include the full guarantee described in subsection (b)(3), the Secretary shall comply with the notice requirements of subsection (e).
(g) Nothing in this section prohibits the head of the agency concerned from—
(1) negotiating the specific details of a guarantee, including reasonable exclusions, limitations and time duration, so long as the negotiated guarantee is consistent with the general requirements of this section;
(2) requiring that components of a weapon system furnished by the United States to a contractor be properly installed so as not to invalidate any warranty or guarantee provided by the manufacturer of such component to the United States;
(3) reducing the price of any contract for a weapon system or other defense equipment to take account of any payment due from a contractor pursuant to subclause (B) of subsection (b)(4);
(4) in the case of a dual source procurement, exempting from the requirements of subsection (b)(3) an amount of production by the second source contractor equivalent to the first one-tenth of the eventual total production by the second source contractor; and
(5) using written guarantees to a greater extent than required by this section, including guarantees that exceed those in clauses (1), (2), and (3) of subsection (b) and guarantees that provide more comprehensive remedies than the remedies specified under clause (4) of that subsection.
(h)(1) The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this section.
(2) The regulations shall include the following:
(A) Guidelines for negotiating contractor guarantees that are reasonable and cost effective, as determined on the basis of the likelihood of defects and the estimated cost of correcting such defects.
(B) Procedures for administering contractor guarantees.
(C) Guidelines for determining the cases in which it may be appropriate to waive the requirements of this section.
(3) This section does not apply to the Coast Guard or to the National Aeronautics and Space Administration.
(Added
Prior Provisions
Provisions similar to those comprising this section were contained in
Amendments
1994—Subsec. (e).
Subsec. (h)(2), (3).
1987—Subsec. (a).
1986—Subsec. (e).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Written Warranties in Prime Contracts for Major Systems Acquisitions for Coast Guard
Similar provisions were contained in the following prior appropriations acts:
§2404. Acquisition of petroleum and natural gas: authority to waive contract procedures; acquisition by exchange; sales authority
(a)
(1) that petroleum market conditions or natural gas market conditions, as the case may be, have adversely affected (or will in the near future adversely affect) the acquisition of petroleum or acquisition of natural gas, respectively, by the Department of Defense; and
(2) the waiver will expedite or facilitate the acquisition of petroleum or natural gas, as the case may be, for Government needs.
(b)
(c)
(d)
(e)
(Added
Amendments
1993—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1990—Subsecs. (d), (e).
1987—Subsec. (e).
§2405. Limitation on adjustment of shipbuilding contracts
(a) The Secretary of a military department may not adjust any price under a shipbuilding contract for an amount set forth in a claim, request for equitable adjustment, or demand for payment under the contract (or incurred due to the preparation, submission, or adjudication of any such claim, request, or demand) arising out of events that—
(1) in the case of a contract entered into after December 7, 1983, and before the date of the enactment of the Federal Acquisition Streamlining Act of 1994, occurred more than 18 months before the submission of the claim, request, or demand; and
(2) in the case of a contract entered into on or after the date of the enactment of the Federal Acquisition Streamlining Act of 1994, occurred more than 6 years before the submission of the claim, request, or demand.
(b) For the purposes of subsection (a), a claim, request, or demand shall be considered to have been submitted only when the contractor has provided the certification required by section 6(c)(1) of the Contract Disputes Act of 1978 (
(c)(1) If a certification referred to in subsection (b) with respect to a shipbuilding contract is determined to be deficient because of the position, status, or scope of authority of the person executing the certification, the contractor may resubmit the certification. The resubmitted certification shall be based on the knowledge of the contractor and the supporting data that existed when the original certification was submitted. The appropriateness of the person executing the resubmitted certification shall be determined on the basis of applicable law in effect at the time of the resubmission.
(2) If a certification is resubmitted pursuant to paragraph (1) by the date described in paragraph (3), the resubmitted certification shall be deemed to have been submitted for purposes of this section at the time the original certification was submitted.
(3) The date by which a certification may be resubmitted for purposes of paragraph (2) is the date which is the later of—
(A) 90 days after the promulgation of regulations under section 2410e(a) 1 of this title; or
(B) 30 days after the date which is the earlier of the date on which—
(i) the contractor is notified in writing, by an individual designated to make such notification by the Secretary of Defense, of the deficiency in the previously submitted claim, request, or demand;
(ii) a board of contract appeals issues a decision determining the previously submitted claim, request, or demand to be deficient; or
(iii) a Federal court renders a judgment determining the previously submitted claim, request, or demand to be deficient.
(4) This subsection applies only with respect to a claim, request, or demand submitted before the effective date of this paragraph.
(Added
References in Text
The date of the enactment of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (a), is the date of enactment of
For the effective date of this paragraph, referred to in subsec. (c)(4), see section 10001 of
Prior Provisions
Provisions similar to those comprising this section were contained in
Amendments
1994—Subsec. (a).
Subsec. (c)(4).
1992—Subsec. (c).
Effective Date of 1994 Amendment
Section 2302(c) of
For effective date and applicability of amendment by section 2302(a)(1), (b) of
1 See References in Text note below.
[§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
Similar provisions were contained in the following prior authorization acts:
§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. If the five-year period is waived, the Secretary shall submit to Congress a report stating the reasons for the waiver.
(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
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
1994—
1992—Subsec. (d).
1991—Subsec. (d).
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. Appropriated funds: availability for certain contracts for 12 months
Funds appropriated to the Department of Defense for a fiscal year shall be available for payments under contracts for any of the following purposes for 12 months beginning at any time during the fiscal year:
(1) The maintenance of tools, equipment, and facilities.
(2) The lease of real or personal property, including the maintenance of such property when contracted for as part of the lease agreement.
(3) Depot maintenance.
(4) The operation of equipment.
(Added
Historical and Revision Notes
Section is based on
Amendments
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 certification and 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
1994—Subsecs. (a), (b).
Subsec. (c).
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 (
(3) The term "Javits-Wagner-O'Day Act" means the Act entitled "An Act to create a Committee on Purchases of Blind-made Products, and for other purposes", approved June 25, 1938 (
(c)
(Added
References in Text
The Javits-Wagner-O'Day Act, also known as the Wagner-O'Day Act, referred to in subsec. (b)(3), is act June 25, 1938, ch. 697,
Codification
Another section 2410d was renumbered
Amendments
1994—Subsec. (b)(2)(C).
Subsec. (b)(3), (4).
Subsec. (c).
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. If the Secretary determines that the person should not be debarred, the Secretary shall submit to Congress a report on such determination not later than 30 days after the determination is made.
(b) For purposes of this section, the term "debar" has the meaning given that term by
(Added
Effective Date of 1992 Amendment
Section 834(b) of
Prohibition of Contracts
§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.
(2) Military construction.
(3) Ores.
(4) Natural gas.
(5) Utilities.
(6) Petroleum products and crudes.
(7) Timber.
(8) Subsistence.
(Added
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 five school years with a local educational agency identified under
(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 five school years with a local educational agency identified under
(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
1994—Subsec. (a)(2)(A).
1993—
Subsec. (f)(2)(A), (B).
Subsec. (f)(2)(B).
Effective Date of 1993 Amendment
Amendment by
1 So in original. Probably should be "6301".
§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."
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 region during each fiscal year.
(Added
Codification
Amendments
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 Defense Contract Administration Services region. If in any such fiscal year there is an insufficient number of satisfactory proposals in a region for cooperative agreements to allow effective use of the funds allocated to that region, the funds remaining with respect to that region shall be reallocated among the remaining regions.
(Added
Amendments
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) Paragraphs (1) and (2) of subsection (b) do not apply to contracts for the procurement of soft drinks that are manufactured in the United States. The Secretary of Defense shall prescribe in regulations the standards and procedures for determining whether a particular drink is a soft drink and whether the drink was manufactured in the United States.
(Added
Amendments
1994—Subsec. (c).
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 Committees on Armed Services of the Senate and House of Representatives.
(Added
Amendments
1992—
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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)
"(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 report 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 report, 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 reporting 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
Amendments
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 1987 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
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 [now Committee on National Security], 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."
"(a)
"(1) Section 232(a)(1) of the Missile Defense Act of 1991 [
"(2) The Department of Defense has conducted no formal compliance review of any of the components or systems scheduled for early deployment as part of either the Theater Missile Defense Initiative or the initial limited defense system to be located at Grand Forks, North Dakota.
"(3) The Department of Defense is continuing to obligate hundreds of millions of dollars for the development and testing of systems or components of ballistic missile defense systems before a determination has been made that, if successfully developed, tested, or deployed, those systems and components would be in compliance with the ABM Treaty.
"(4) The President requested the authorization and appropriation of additional funds for continued development of such systems and components during fiscal year 1994.
"(5) The United States and its allies face existing and expanding threats from ballistic missiles capable of being used as theater weapon systems that are presently possessed by, being developed by, or being acquired by a number of countries, including Iraq, Iran, and North Korea.
"(6) Some theater ballistic missiles presently deployed or being developed (such as the Chinese-made CSS–2) have capabilities equal to or greater than the capabilities of missiles which were determined to be strategic missiles more than 20 years ago under the SALT I Interim Agreement of 1972 entered into between the United States and the Soviet Union.
"(7) The ABM Treaty was not intended to, and does not, apply to or limit research, development, testing, or deployment of missile defense systems, system upgrades, or system components that are designed to counter modern theater ballistic missiles, regardless of the capabilities of such missiles, unless those systems, system upgrades, or system components are tested against or have demonstrated capabilities to counter modern strategic ballistic missiles.
"(8) It is a national security priority of the United States to develop and deploy highly effective theater missile defense systems capable of countering the existing and expanding threats posed by modern theater ballistic missiles as soon as is technically possible.
"(9) It is essential that the Secretary of Defense immediately undertake and complete a review for compliance with the ABM Treaty of proposed theater missile defense systems, system upgrades, and system components so as to not delay the development and deployment of such highly effective theater missile defense systems.
"(b)
"(2) The systems and system upgrades to be reviewed pursuant to paragraph (1) are the following:
"(A) The Patriot Multimode Missile.
"(B) The Extended Range Interceptor (ERINT).
"(C) The Ground-Based Radar for theater missile defenses (GBR–T).
"(D) The Theater High Altitude Area Defense interceptor missile (THAAD).
"(E) The Brilliant Eyes space-based sensor system.
"(F) Upgrades to the AEGIS/SPY radar system of the Navy.
"(G) Upgrades to the Standard Missile–2 (SM–2) interceptor of the Navy.
"(3) If during the course of the compliance review under paragraph (1) (or any other such compliance review of a ballistic missile system or system upgrade), an issue arises that appears to indicate that a provision of the ABM Treaty may limit research, development, testing, or deployment by the United States of highly effective theater missile defense systems capable of countering modern theater ballistic missiles, the Secretary of Defense shall immediately submit to the appropriate congressional committees a report on that issue.
"(c)
"(2) With regard to the Brilliant Eyes space-based sensor system, the Secretary shall include in the report findings on each of the following issues:
"(A) Whether the current baseline configuration of the Brilliant Eyes space-based sensor system would comply with the ABM Treaty if the system were used in conjunction with the planned ground-based radar system and its ground-based interceptors at Grand Forks, North Dakota.
"(B) If not, whether design changes or operational changes can be made to the Brilliant Eyes space-based sensor system that—
"(i) will result in the sensor system, when employed in conjunction with the planned ground-based radar system and its ground-based interceptors, being in compliance with the ABM Treaty; and
"(ii) will not prevent the sensor system from performing its strategic defense missions with a high degree of effectiveness.
"(C) If not, whether the Brilliant Eyes space-based sensor system can be made, through design changes or operational changes, for use only with theater missile defense systems and be in compliance with the ABM Treaty.
"(D) If so, the extent to which deployment of the Brilliant Eyes space-based sensor system would enhance the capability of upper-tier theater defense systems and lower-tier theater defense systems, respectively.
"(d)
"(2) Funds appropriated to the Department of Defense for fiscal year 1994, or otherwise made available to the Department of Defense from any funds appropriated for fiscal year 1994 or for any fiscal year before 1994, may not be obligated or expended—
"(A) 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
"(B) 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.
"(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 [now Committee on National Security], 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
"(a)
"(1) Systems to provide effective defense against theater and tactical ballistic missiles that may be developed and deployed by the United States have the potential to make contributions to the national security interests of nations that are allies of the United States that would be equal to or greater than the contributions such systems would make to the national security interests of the United States.
"(2) The cost of developing and deploying a broad spectrum of such systems will be several tens of billions of dollars.
"(3) A truly cooperative multinational approach to the development and deployment of such systems could substantially reduce the financial burden of such an undertaking on any one country and would involve additional sources of technological expertise.
"(4) While leaders of nations that are allies of the United States have stated an interest in becoming involved, or increasing involvement, in United States tactical missile defense programs, the governments of those nations are unlikely to support programs for theater missile defense development and deployment unless, at a minimum, they can participate in meaningful ways in the planning and execution of such programs, including active participation in research and development and production of the systems involved.
"(5) Given the high cost of developing theater ballistic missile defense systems, the participation of United States allies in the efforts to develop tactical missile defenses would result in substantial savings to the United States.
"(b)
"(2) The Secretary shall submit to Congress a report on the plan developed under paragraph (1). The report shall be submitted in both classified and unclassified versions, as appropriate, and may be submitted as a component of the next Theater Missile Defense Initiative report to Congress.
"(3) The Secretary shall include in each annual Theater Missile Defense Initiative report to Congress a report on actions taken to implement the plan developed under paragraph (1). Each such report shall set forth the status of discussions between the United States and United States allies for the purposes stated in that paragraph and shall state the status of contributions by those allies to the Theater Missile Defense Cooperation Account, shown separately for each allied country covered by the plan.
"(c)
"(1) the report under subsection (b)(2) is submitted to Congress; and
"(2) the President certifies in writing to Congress that representatives of the United States have formally submitted to each of the member nations of the North Atlantic Treaty Organization and to Japan, Israel, and South Korea a proposal concerning the matters described in the report.
The President may submit with such certification a report of similar formal contacts with any other country that the President considers appropriate.
"(d)
"(e)
[Determination of President of the United States, No. 94–24, May 16, 1994, 59 F.R. 28759, certified, pursuant to the authority vested in the President by the National Defense Authorization Act for Fiscal Year 1994,
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
"SEC. 231. SHORT TITLE.
"This part may be cited as the 'Missile Defense Act of 1991'.
"SEC. 232. MISSILE DEFENSE GOAL OF THE UNITED STATES.
"(a)
"(1) comply with the ABM Treaty, including any protocol or amendment thereto, and not develop, test, or deploy any ballistic missile defense system, or component thereof, in violation of the treaty, as modified by any protocol or amendment thereto, while developing, and maintaining the option to deploy, an anti-ballistic missile system that is capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles;
"(2) maintain strategic stability; and
"(3) provide highly effective theater missile defenses (TMDs) to forward-deployed and expeditionary elements of the Armed Forces of the United States and, as appropriate, to friends and allies of the United States.
"(b)
"(1) joint discussions between the United States and other nuclear weapons states on strengthening nuclear command and control, to include discussions concerning the use of permissive action links and post-launch destruct mechanisms on all intercontinental-range ballistic missiles of the two nations;
"(2) reductions that enhance stability in strategic weapons of the United States and Russia to levels below the limitations of the Strategic Arms Reduction Talks (START) Treaties, to include the down-loading of multiple warhead ballistic missiles, as appropriate; and
"(3) reinvigorated efforts to halt the proliferation of ballistic missiles and weapons of mass destruction.
"SEC. 233. IMPLEMENTATION OF GOAL.
"(a)
"(1) directs the Secretary of Defense to take the actions specified in subsection (b); and
"(2) urges the President to take the actions described in subsection (c).
"(b)
"(1)
"(2)
"(A) 100 ground-based interceptors, the design of which is to be determined by competition and downselection for the most capable interceptor or interceptors;
"(B) fixed, ground-based, antiballistic missile battle management radars; and
"(C) optimum utilization of space-based sensors, including sensors capable of cueing ground-based antiballistic missile interceptors and providing initial targeting vectors, and other sensor systems that are not prohibited by the ABM Treaty, including specifically the Ground Surveillance and Tracking System.
"(c)
"(1) clarification of the distinctions for the purposes of the ABM Treaty between theater missile defenses and anti-ballistic missile defenses, including interceptors, radars, and other sensors; and
"(2) increased use of space-based sensors for direct battle management.
"[SEC. 234. Repealed. Pub. L. 103–160, div. A, title II, §243(e), Nov. 30, 1993, 107 Stat. 1606 .]
"[SECS. 235 to 237. Repealed. Pub. L. 103–337, div. A, title II, §233(1), Oct. 5, 1994, 108 Stat. 2700 .]
"SEC. 238. REVIEW OF FOLLOW-ON DEPLOYMENT OPTIONS.
"Once development testing of components for a Limited Defense System has begun, the President and the Congress shall assess the progress in the ABM Treaty amendments negotiation called for under section 233(c) and shall consider the options available to the United States as now exist under the ABM Treaty. To assist in this review process, the President shall submit to the Congress not later than May 1, 1994, an interim report on the progress of the negotiations, and shall submit to the Congress additional interim reports on the progress of such negotiations at six-month intervals thereafter until such time as the President notifies the Congress that such negotiations have been concluded or terminated.
"SEC. 239. ABM TREATY DEFINED.
"For purposes of this part, 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.
"SEC. 240. INTERPRETATION.
"Nothing in this part may be construed to imply—
"(1) congressional authorization for development, testing, or deployment of anti-ballistic missile systems in violation of the ABM Treaty, including any protocol or amendment to that treaty; or
"(2) final congressional authorization for deployment of anti-ballistic missile systems in compliance with the ABM Treaty."
Similar provisions were contained in the following prior authorization act:
Stretchout of Major Defense Acquisition Programs
"(a)
"(1) The final year of procurement scheduled for the program at the time the statement is submitted is more than two years later than the final year of procurement for the program as specified in the most recent annual Selected Acquisition Report for that program.
"(2) The proposed procurement quantity for that fiscal year is less than 90 percent of the procurement quantity proposed for the same fiscal year in the most recent annual Selected Acquisition Report for that program.
"(b)
"(c)
"(d)
"(2) Subsection (a) shall not apply if the total procurement quantity has been increased, compared to the program specified in the most recent annual Selection Acquisition Report for that program, and subsection (a)(2) does not apply.
"(e)
"(f)
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 [now Committee on Armed Services of the Senate and Committee on National Security of the 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
"(1) the President determines and certifies to Congress in writing that—
"(A) the system is survivable (that is, the system is able to maintain a sufficient degree of effectiveness to fulfill its mission, even in the face of determined attacks against it); and
"(B) the system is cost effective at the margin to the extent that the system is able to maintain its effectiveness against the offense at less cost than it would take to develop offensive countermeasures and proliferate the ballistic missiles necessary to overcome it; and
"(2) funding for the deployment of such system has been specifically authorized by legislation enacted after the date on which the President makes the certification to Congress."
Annual Report on Ballistic Missile Defense Program
"(a)
"(b)
"(1) A statement of the basic strategy for research and development being pursued by the Department of Defense under the Ballistic Missile Defense program (BMD), including the relative priority being given, respectively, to the development of near-term deployment options and research on longer-term technological approaches.
"(2) A detailed description of each program or project which is included in the Ballistic Missile Defense program or which otherwise relates to defense against strategic ballistic missiles, including a technical evaluation of each such program or project and an assessment as to when each can be brought to the stage of full-scale engineering development (assuming funding as requested or programmed).
"(3) A clear definition of the objectives of each planned deployment phase of the Ballistic Missile Defense program or defense against strategic ballistic missiles.
"(4) An explanation of the relationship between each such phase and each program and project associated with the proposed architecture for that phase.
"(5) The status of consultations with other member nations of the North Atlantic Treaty Organization, Japan, and other appropriate allies concerning research being conducted in the Ballistic Missile Defense program.
"(6) A statement of the compliance of the planned BMD development and testing programs with existing arms control agreements, including the 1972 Anti-Ballistic Missile Treaty.
"(7) A review of possible countermeasures of the Soviet Union to specific BMD programs, an estimate of the time and cost required for the Soviet Union to develop each such countermeasure, and an evaluation of the adequacy of the BMD programs described in the report to respond to such countermeasures.
"(8) Details regarding funding of programs and projects for the Ballistic Missile Defense program (including the amounts authorized, appropriated, and made available for obligation after undistributed reductions or other offsetting reductions were carried out), as follows:
"(A) The level of requested and appropriated funding provided for the current fiscal year for each program and project in the Ballistic Missile Defense program budgetary presentation materials provided to Congress.
"(B) The aggregate amount of funding provided for previous fiscal years (including the current fiscal year) for each such program and project.
"(C) The amount requested to be appropriated for each such program and project for the next fiscal year.
"(D) The amount programmed to be requested for each such program and project for the following fiscal year.
"(E) The amount required to reach the next significant milestone for each demonstration program and each major technology program.
"(9) Details on what Ballistic Missile Defense program technologies can be developed or deployed within the next 5 to 10 years to defend against significant military threats and help accomplish critical military missions. The missions to be considered include the following:
"(A) Defending elements of the Armed Forces abroad and United States allies against tactical ballistic missiles, particularly new and highly accurate shorter-range ballistic missiles of the Soviet Union armed with conventional, chemical, or nuclear warheads.
"(B) Defending against an accidental launch of strategic ballistic missiles against the United States.
"(C) Defending against a limited but militarily effective attack by the Soviet Union aimed at disrupting the National Command Authority or other valuable military assets.
"(D) Providing sufficient warning and tracking information to defend or effectively evade possible attacks by the Soviet Union against military satellites, including those in high orbits.
"(E) Providing early warning and attack assessment information and the necessary survivable command, control, and communications to facilitate the use of United States military forces in defense against possible conventional or strategic attacks by the Soviet Union.
"(F) Providing protection of the United States population from a nuclear attack by the Soviet Union.
"(G) Any other significant near-term military mission that the application of BMD technologies might help to accomplish.
"(10) For each of the near-term military missions listed in paragraph (9), the report shall include the following:
"(A) A list of specific program elements of the Ballistic Missile Defense program that are pertinent to such mission.
"(B) The Secretary's estimate of the initial operating capability dates for the architectures or systems to accomplish such missions.
"(C) The Secretary's estimate of the level of funding necessary for each program to reach those initial operating capability dates.
"(D) The Secretary's estimate of the survivability and cost effectiveness at the margin of such architectures or systems against current and projected threats from the Soviet Union."
Similar provisions were contained in the following prior authorization act:
Plans for Management of Technical Data and Computer Capability Improvements
Section 1252 of
Consultation With Allies on Strategic Defense Initiative Program
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 [now Committee on Armed Services of the Senate and Committee on National Security of 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 Committees on Armed Services of the Senate and 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; and
(C) 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 Committees on Armed Services of the Senate and 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) The completion status of the program (A) 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 (B) 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.
(9) 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 Committees on Armed Services of the Senate and 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) The completion status of the development program expressed—
(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.
(E) Program highlights since the last Selected Acquisition Report.
(F) 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
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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;
(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; or
(3) that cost variances or schedule variances of a major contract under the program have resulted in an increase in the cost of the contract of at least 15 percent over the cost of the contract as of the time the contract was made;
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 during the current fiscal year (other than the last quarterly unit cost report under subsection (b) for the preceding fiscal year), 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).
(2) If in any fiscal year the program manager for a major defense acquisition program has submitted to the service acquisition executive designated by the Secretary concerned a unit cost report (other than the last quarterly unit cost report under subsection (b) for the preceding fiscal year) indicating an increase of 15 percent or more in a category described in clauses (A) through (C) of paragraph (1) and subsequently determines that there is reasonable cause to believe—
(A) that the current program acquisition unit cost of the program has increased by at least 5 percent over the current program acquisition unit cost as shown in the most recent report under this subsection or subsection (b) submitted to such service acquisition executive with respect to that program;
(B) in the case of a major defense acquisition program that is a procurement program, that the current procurement unit cost for the program has increased by at least 5 percent over the current procurement unit cost as shown in the most recent report under this subsection or subsection (b) submitted to such service acquisition executive with respect to that program; or
(C) that cost variances or schedule variances of a major contract under the program have resulted in an increase in the cost of the contract of at least 5 percent over the cost of the contract as shown in the most recent report under this subsection or subsection (b) submitted to such service acquisition executive with respect to that program;
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 by 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 (for the first time since the beginning of the current fiscal year) 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
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 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; 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
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 and Technology 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
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
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 title III of the Act of March 3, 1933 (
(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
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
Date of Issuance of Policy
Section 323(b) of
CHAPTER 146 —CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS
Amendments
1994—
1992—
1991—
1989—
1988—
§2461. Commercial or industrial type functions: required studies and reports before conversion to contractor performance
(a)
(1) notification of any decision to study such function for possible performance by a private contractor;
(2) a detailed summary of a comparison of the cost of performance of such function by Department of Defense civilian employees and by private contractor which demonstrates that the performance of such function by a private contractor will result in a cost savings to the Government over the life of the contract and a certification that the entire cost comparison is available;
(3) a certification that the Government calculation for the cost of performance of such function by Department of Defense civilian employees is based on an estimate of the most efficient and cost effective organization for performance of such function by Department of Defense civilian employees; and
(4) a report, to be submitted with the certification required by paragraph (3), showing—
(A) the potential economic effect on employees affected, and the potential economic effect on the local community and Federal Government if more than 75 employees are involved, of contracting for performance of such function;
(B) the effect of contracting for performance of such function on the military mission of such function; and
(C) the amount of the bid accepted for the performance of such function by the private contractor whose bid is accepted and the cost of performance of such function by Department of Defense civilian employees, together with costs and expenditures which the Government will incur because of the contract.
(b)
(c)
(d)
(e)
(1) is included on the procurement list established pursuant to section 2 of the Act of June 25, 1938 (
(2) is planned to be converted 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 conversion of all or any part of such function to performance by a private contractor.
(g)
(Added
Historical and Revision Notes
Section is based on
References in Text
The Wagner-O'Day Act, referred to in subsec. (e)(2), is act June 25, 1938, ch. 697,
Amendments
1989—Subsecs. (e) to (g).
§2462. Contracting for certain supplies and services required when cost is lower
(a)
(b)
(Added
Historical and Revision Notes
Section is based on
§2463. Reports on savings or costs from increased use of DOD civilian personnel
(a)
(b)
(Added
Historical and Revision Notes
Section is based on
Amendments
1990—Subsecs. (b), (c).
1989—Subsec. (b).
§2464. Core logistics functions
(a)
(2) The Secretary of Defense shall identify those logistics activities that are necessary to maintain the logistics capability described in paragraph (1).
(b)
(2) The Secretary of Defense may waive paragraph (1) in the case of any such logistics activity or function and provide that performance of such activity or function 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 activity or function is no longer required for national defense reasons. Such regulations shall include criteria for determining whether Government performance of any such activity or function is no longer required for national defense reasons.
(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.
(Added
Historical and Revision Notes
Section is based on
References in Text
Section 1231(b) of the Department of Defense Authorization Act, 1986 (
Amendments
1989—Subsec. (b)(3)(A).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§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
1988—
1987—
§2466. Limitations on the performance of depot-level maintenance of materiel
(a)
(b)
(c)
(d)
(e)
(Added
Amendments
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: requirements with respect to retirement costs and consultation with employees
(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).
(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
§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
§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
1994—
"(a)
"(b)
1993—
§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 1 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 2 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
1 So in original. Probably should be followed by "by".
2 So in original. Probably should be followed by "of".
CHAPTER 147 —UTILITIES AND SERVICES
Amendments
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. 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.
Amendments
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
§2482. Commissary stores: private operation
Private persons may operate commissary stores under such regulations as the Secretary of Defense may approve. A contract with a private person for the operation of any commissary store may not require or permit the contractor to carry out functions for the procurement of products to be sold in the store or to engage in functions relating to the overall management of a commissary system or the management of any such store. Such functions shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense.
(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
1988—
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
§2483. 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
1993—Subsec. (b).
Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§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 comprising 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 a military department may donate food described in subsection (b) to authorized charitable nonprofit food banks.
(b) Food that may be donated under this section is commissary store food, mess food, meals ready-to-eat (MREs), and other food available to the Secretary of a military department 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 authorized by the Secretary of Defense or the Secretary of Health and Human Services to receive donations under this section.
(e) This section does not authorize any service (including transportation) to be provided in connection with a donation under this section.
(Added
Amendments
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) Commissary stores are similar to commercial grocery stores and may sell merchandise similar to that sold in commercial grocery stores.
(b) Merchandise sold in commissary stores may include items in the following categories:
(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) Other categories designated in regulations prescribed by the Secretary of a military department and approved by the Secretary of Defense.
(c) An adjustment of or surcharge on sales prices in commissary stores under
(d) The Secretary of Defense shall prescribe regulations establishing uniform pricing policies for merchandise authorized for sale by this section. The policies in the regulations shall—
(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.
(Added
Amendments
1987—
Subsec. (d).
Regulations
Section 313(b) 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
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, 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) 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
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
§2490. 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
[§2490a. Renumbered §2783]
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
Chapter Referred to in Other Sections
This chapter is referred to in title 50 App. section 2171.
SUBCHAPTER I—DEFINITIONS
§2491. 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 appears on the list of critical technologies contained, pursuant to subsection (b)(4) of
(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 "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.
(13) 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).
(14) 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).
(15) 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.
(16) 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 comprising this section were contained in former
Amendments
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
1993—
§2501. Congressional defense policy concerning national technology and industrial base, reinvestment, and conversion
(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) Furthering the missions of the Department of Defense through the support of policy objectives and programs relating to the defense reinvestment, diversification, and conversion objectives specified in subsection (b).
(b)
(1) promote economic growth in high-wage, high-technology industries and preserve the industrial and technical skill base;
(2) promote economic growth through further reduction of the Federal budget deficit that, by reducing the public sector demand for capital, increases the amount of capital available for private investment and job creation in the civilian sector;
(3) bolster the national technology base, including support and exploitation of critical technologies with both military and civilian application;
(4) support retraining of separated military, defense civilian, and defense industrial personnel for jobs in activities important to national economic growth and security;
(5) assist those activities being undertaken at the State and local levels to support defense economic reinvestment, conversion, adjustment, and diversification activities; and
(6) assist small businesses adversely affected by reductions in defense expenditures.
(c)
(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
1993—Subsec. (a)(1)(A).
Subsec. (a)(5).
Subsec. (b)(2).
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 ADVANCED RESEARCH PROJECTS AGENCY.
"The Secretary of Defense shall designate the 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. ADVANCED RESEARCH PROJECTS AGENCY FUNCTIONS AND MINIMUM FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.
"(a) ARPA
"(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 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
"(a)
"(b)
"(2) The first plan required by section 2506 of such title, as added by section 4216, shall be completed not later than December 1, 1993.
"(3) The Secretary may prescribe regulations authorizing the presentation of information in a preliminary form in the first periodic assessment and the first periodic plan to the extent that the necessary information cannot reasonably be collected, analyzed, or presented in accordance with section 2505 or 2506, respectively, of
"(c)
"(1) An identification of textile and apparel mobilization requirements of the Department of Defense that cannot be satisfied on a timely basis by domestic industries.
"(2) An assessment of the effect that any inadequacy in the textile and apparel industrial base would have on a mobilization.
"(3) Recommendations for ways to alleviate any such inadequacy that the Secretary considers critical to national defense mobilization requirements."
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) directly to each prime contractor under that program; and
"(2) by general notice through publication in the Federal Register.
"(b)
"(1) shall determine which major defense programs (if any) of the Department of Defense that were not previously identified under subsection (a) are likely to be terminated or substantially reduced as a result of the funding levels provided in that Act; and
"(2) shall provide notice of the anticipated termination of, or substantial reduction in, that program—
"(A) directly to each prime contractor under that program;
"(B) directly to the Secretary of Labor; and
"(C) by general notice through publication in the Federal Register.
"(c)
"(1) provide notice of that termination or substantial reduction to each person that is a first-tier subcontractor for that program under a contract in an amount not less than $500,000 for the program; and
"(2) require that each such subcontractor—
"(A) provide such notice to each of its subcontractors for the program under a contract 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.
"(d)
"(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 described in section 311(b)(2) of the Job Training Partnership Act (
"(e)
"(f)
"(1)
"(2)
"(3)
"(A) to each representative of employees whose work is directly related to the defense contract under the program and who are employed by the contractor or subcontractor or, if there is no such representative at that time, each such employee;
"(B) to the State dislocated worker unit or office described in section 311(b)(2) of the Job Training Partnership Act (
"(C) to each grantee under section 325(a) or 325A(a) of the Job Training Partnership Act (
"(4)
"(g)
"(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 major defense program, mean a reduction of 25 percent or more in the total dollar value of contracts under the program."
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) To ensure effective cooperation among departments and agencies of the Federal Government, and to provide advice and recommendations to the President, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Secretary of Labor, concerning—
(A) the capabilities of the national technology and industrial base to meet the national security objectives set forth in
(B) programs for achieving, during a period of reduction in defense expenditures, the defense reinvestment, diversification, and conversion objectives set forth in
(C) changes in acquisition policy that strengthen the national technology and industrial base.
(2) To provide overall policy guidance to ensure effective implementation by agencies of the Federal Government of defense reinvestment and conversion activities during a period of reduction in defense expenditures.
(3) To prepare the periodic assessment and the periodic plan required by
(d)
(Added
Prior Provisions
A prior section 2502, added
Another prior section 2502 was renumbered
Amendments
1994—Subsec. (d).
1993—Subsec. (d).
§2503. National defense program for analysis of the technology and industrial base
(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.
(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 National Defense Technology and Industrial Base Council in 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
Deadline for Establishing Program
Section 4213(b) of
[§2504. Repealed. Pub. L. 103–160, div. A, title XIII, §1312(a)(1), Nov. 30, 1993, 107 Stat. 1786 ]
Section, added
A prior section 2504 was renumbered
§2505. National technology and industrial base: periodic defense capability assessments
(a)
(b)
(1) An analysis of the role, capability, and continued economic viability of those technology and industrial base sectors that are critical to attaining each of the objectives set forth in
(2) An analysis of the present and projected financial condition of each technology and industrial base sector.
(3) An analysis of the impact of the terminations and significant reductions of major research and development programs and procurement programs of the Department of Defense on the capability of those technology and industrial base sectors that are critical to attaining each of the national security objectives set forth in
(4) A critical technology analysis that identifies the product and process technologies that are most critical for attaining the national security objectives set forth in
(c)
(d)
(Added
Prior Provisions
A prior section 2505 was renumbered
Amendments
1993—
Implementation of Requirements for Assessment, Planning, and Analysis
For provisions relating to first assessment required by this section, see section 4218 of
Implementing Regulations Concerning National Technology and Industrial Base Periodic Assessment
Section 4219 of
"(a)
"(b)
"(c)
"(1) An analysis of the current and projected capability of each sector to attain each such objective for each of the following periods:
"(A) The fiscal year during which the assessment is submitted to Congress pursuant to section 2506(e).
"(B) The following fiscal year.
"(C) The multiyear period covered by the future-years defense program submitted under section 221 during the fiscal year referred to in subparagraph (A).
"(2) For each period described in paragraph (1), an analysis of the present and projected capabilities of prime contractors, subcontractors, the Defense Industrial Reserve, and departments and agencies of the Federal Government with respect to each of the following:
"(A) Research and development, including research and development regarding the critical technologies identified in the analysis pursuant to section 2505(b)(4).
"(B) Application of critical technologies to the production of goods and the furnishing of services.
"(C) Test and evaluation.
"(D) Low rate production.
"(E) High volume production.
"(F) Repair and maintenance.
"(G) Design and prototyping.
"(H) Workforce skills and capabilities, including improvements that build on the skill and experience of the workforce.
"(d)
"(1) Trends in the following:
"(A) Profitability.
"(B) Levels of capital investment.
"(C) Expenditures on research and development.
"(D) Levels of debt.
"(2) The effects of actual and potential commercial sales.
"(3) The consequences of mergers, acquisitions, and takeovers.
"(4) The effects of Department of Defense financial policies, including the following:
"(A) Policies relating to progress payments or other financing by the Department of Defense.
"(B) Policies relating to the return on contractor investment.
"(C) Policies relating to the allocation of contract risk between the Department of Defense and a contractor.
"(5) The effects of expenditures in the technology and industrial base sector by departments and agencies of the Federal Government other than the Department of Defense and the Department of Energy (for national security programs).
"(6) The analysis required by section 2505(b)(3).
"(e)
"(1) have taken place in the fiscal year before the fiscal year in which such periodic assessment is submitted to Congress pursuant to section 2506(e); or
"(2) are provided for—
"(A) in the budget submitted to Congress by the President in that fiscal year; and
"(B) in the future-years defense program submitted with such budget.
"(f)
"(1) That the number of technologies so identified not exceed 20.
"(2) That the analysis be prepared in consultation with the Critical Technologies Institute.
"(3) That, for each technology, the analysis include the following:
"(A) The reasons for selection of that technology as a technology critical to the Department of Defense.
"(B) The potential dual-use applications of that technology.
"(C) The relationship between the activities of the Department of Defense and other Federal agencies in the development of that technology.
"(D) The potential contributions that the private sector can be expected to make from its own resources in connection with the development of civilian applications for such technology.
"(E) A comparison of the position of the United States to the positions of other nations in the development of that technology, including the potential contributions that other nations can make to meeting the needs of the United States for that technology.
"(g)
"(A) The extent to which each technology and industrial base sector is—
"(i) dependent on defense expenditures to ensure continued viability;
"(ii) dependent on a mix of defense and nondefense Federal Government expenditures to ensure continued viability;
"(iii) dependent on a mix of Federal Government expenditures and other Federal Government programs to ensure continued viability; and
"(iv) sufficiently integrated with the commercial marketplace to ensure continued viability regardless of the level of Federal Government expenditures in the technology and industrial base sector.
"(B) The extent to which each technology and industrial base sector is capable of—
"(i) ongoing production with a present capability for high volume production;
"(ii) maintenance of a production base that can be converted to high volume production within a reasonable period of time; or
"(iii) reconstitution of a production base that can reinstate high volume production within a reasonable period of time.
"(2) The analysis shall specifically identify any technology and industrial base sectors and any entities within technology and industrial base sectors that should be considered for inclusion in the Defense Industrial Reserve.
"(h)
"(1) The availability of essential raw materials, special alloys, composite materials, components, subsystems, production equipment, facilities, special tooling, and production test equipment for—
"(A) the sustained production of systems fully capable of meeting the performance objectives established for those systems;
"(B) the uninterrupted maintenance and repair of such systems; and
"(C) the sustained operation of such systems.
"(2) The identification of items specified in paragraph (1) that are available only from sources outside the national technology and industrial base.
"(3)(A) The availability of alternatives for obtaining such items from within the national technology and industrial base if such items become unavailable from sources outside the national technology and industrial base.
"(B) An analysis of any military vulnerability that could result from the lack of reasonable alternatives.
"(4) The effects on the national technology and industrial base that result from foreign acquisition of firms in the United States.
"(i)
"(1) The term 'continued viability' means the capability to attain the national security objectives set forth in section 2501(a).
"(2) The term 'defense expenditure' means an expenditure—
"(A) by the Department of Defense; or
"(B) by the Department of Energy for a national security program.
"(3) The term 'Defense Industrial Reserve' is the Defense Industrial Reserve established by section 2535.
"(4) The term 'future-years defense program' means the future-years defense program required by section 221.
"(5) The term 'national technology and industrial base' has the meaning given that term in section 2491.
"(6) The term 'periodic assessment' means the periodic assessment required by section 2505.
"(7) The term 'section 2501 objectives' means the objectives set forth in section 2501.
"(8) The term 'significant reduction', with respect to expenditures for a program for a fiscal year, means that the amount provided for that program for that fiscal year in the budget, Acts authorizing appropriations, appropriations Acts, or the future years defense program for that fiscal year is less than the amount provided for that program for the preceding fiscal year in the budget, Acts authorizing appropriations, appropriations Acts, or the future years defense program, respectively, for that preceding fiscal year by at least—
"(A) the greater of—
"(i) the amount equal to 10 percent of the amount provided for that preceding fiscal year; or
"(ii) $5,000,000; or
"(B) a lesser amount determined significant by the Secretary of Defense or the National Defense Technology and Industrial Base Council.
"(9) The term 'technology and industrial base sector' has the meaning given such term in section 2491."
Section Referred to in Other Sections
This section is referred to in
§2506. National technology and industrial base: periodic defense capability plan
(a)
(b)
(1) National defense programs and policies of the Department of Defense and Department of Energy that are necessary to ensure the continued viability of each technology and industrial base sector that is necessary to support the objectives stated in
(2) National defense programs and policies of the Department of Defense and Department of Energy that are necessary in each such sector—
(A) to reduce dependence on foreign sources that could create a military vulnerability; and
(B) to provide for alternative sources in the event that the foreign sources become unavailable.
(3) The composition and management of the Defense Industrial Reserve under
(4) National defense programs and policies of the Department of Defense and Department of Energy relating to manufacturing technology.
(5) Development of each defense critical technology.
(6) Ensuring that financial policies of the Department of Defense and Department of Energy (for national security programs) are designed to meet the policies set forth in
(7) Encouragement of the effective use of commercial products and processes by the Department of Defense and the Department of Energy for national security programs.
(8) For each plan through fiscal year 1997, national defense programs and policies of the Department of Defense and Department of Energy relating to the transition from economic dependence on defense expenditures of those technology and industrial base sectors and businesses that are at least partially dependent economically on defense expenditures.
(9) Enhancement of the skills and capabilities of the work force in the national technology and industrial base in support of the national security objectives set forth in
(10) Enhancement of the effectiveness of the major defense acquisition program regulations prescribed pursuant to
(c)
(1) A long-range plan for technology development and use of model demonstration defense facilities for environmental restoration and waste management.
(2) A long-range plan to develop advanced technology to carry out transportation projects that further the national security objectives set forth in
(3) A long-range national security energy technology plan to further the national security objectives of
(4) A long-range national defense communications networking plan to further the national security objectives of
(d)
(1) recommendations for legislation that the Council considers appropriate for eliminating any adverse effect of Federal law on the capability of the national technology and industrial base to further the national security objectives set forth in
(2) specific guidance to ensure that maximum use is made of authority to waive regulations or conduct test programs in pursuit of such objectives.
(e)
(2) The Secretary of Defense shall transmit to Congress, not later than March 31 of each year through 1997 and every odd-numbered year thereafter—
(A) the plan prepared under this section, including any changes necessary to reflect the budget submitted by the President during that year under
(B) the national technology and industrial base periodic assessment prepared pursuant to
(3) The plan and assessment shall be submitted to Congress in classified and unclassified forms. Proprietary information that may be withheld from disclosure under
(Added
Prior Provisions
A prior section 2506 was renumbered
Implementation of Requirements for Assessment, Planning, and Analysis
For provisions relating to first plan required by this section and to periodic national technology and industrial base assessment submitted to Congress pursuant to subsec. (e) of this section, see section 4218 of
Implementing Regulations Concerning National Technology and Industrial Base Periodic Plan
Section 4220 of
"(a)
"(b)
"(c)
"(1) The National Defense Manufacturing Technology Program established under section 2521.
"(2) The support of manufacturing extension programs under section 2523.
"(3) Programs to enhance basic research in scientific disciplines relating to manufacturing technology through—
"(A) encouraging research in colleges and universities in the United States and in associated centers of excellence; and
"(B) establishing technology transfer mechanisms, and technology education and training mechanisms, that ensure that the results of such research are readily available to United States industry.
"(4) Programs for encouraging the use of computer-integrated manufacturing to improve manufacturing quality, reduce manufacturing costs, reduce production lead times, and improve maintenance.
"(5) Programs for enhancing Department of Defense use of concurrent engineering practices in the design and development of weapon systems.
"(6) Programs providing incentives for firms in the national technology and industrial base to use advanced manufacturing technology and processes and to invest in improved productivity.
"(7) Programs for encouraging research in colleges and universities and in other technology development and extension programs in the United States for development of systems that build on the skill and experience of workers.
"(8) Programs for assisting in the transition to high performance work systems, including ongoing worker involvement in the evaluation, selection, and installation and operation of production technologies and associated organization or work.
"(d)
"(1) The specific funding requirements of the Department of Defense, the Department of Energy and other departments and agencies of the Federal Government for the development of the technology for the 5 fiscal years following the fiscal year in which the plan is submitted to Congress pursuant to section 2506(e).
"(2) A designation of the lead organization within the Department of Defense or the Department of Energy to be responsible for the development of the technology.
"(3) A summary description of the lead organization's plan for the development of the technology, including the milestone goals.
"(e)
"(1) Policies relating to progress payments or other financing by the Department of Defense.
"(2) Policies relating to the return on contractor investment.
"(3) Policies relating to the allocation of contract risk between the Department of Defense and a contractor.
"(f)
"(1) Expanding the use of commercial specifications in place of Federal Government specifications.
"(2) Increasing the use of commercial manufacturing processes instead of processes specified by the Federal Government.
"(3) Reducing the extent of unique government regulatory requirements relating to accounting and acquisition.
"(4) Identifying and ensuring the effective application by the Department of Defense and the Department of Energy (for national security programs) of research, technologies, products, information, and practices developed by other departments and agencies of the Federal Government, State and local governments, colleges and universities, nonprofit organizations, and commercial enterprises.
"(5) Identifying effective mechanisms for transferring technology and related information, to the maximum extent practicable, from the Department of Defense and Department of Energy to other departments and agencies of the Federal Government, State and local governments, colleges and universities, nonprofit organizations, and commercial enterprises.
"(6) Ensuring, to the maximum extent practicable, that technology and related information are so transferred.
"(g)
"(1) An analysis of the capabilities of the national technology and industrial base to develop, produce, maintain, and support such program, including consideration of the factors set forth in section 4219(h).
"(2) Consideration of requirements for efficient manufacture during the design and production of the systems to be procured under the program.
"(3) The use of advanced manufacturing technology, processes, and systems during the research and development phase and the production phase of the program.
"(4) To the maximum extent practicable, the use of contract solicitations that encourage competing offerors to acquire, for use in the performance of the contract, modern technology, production equipment, and production systems (including hardware and software) that increase the productivity of the offerors and reduce life-cycle costs.
"(5) Encouragement of investment by United States domestic sources in advanced manufacturing technology production equipment and processes through—
"(A) recognition of the contractor's investment in advanced manufacturing technology production equipment, processes, and organization of work systems that build on workers' skill and experience, and work force skill development in the development of the contract objective; and
"(B) increased emphasis in source selections on the efficiency of production.
"(6) Expanded use of commercial manufacturing processes rather than processes specified by the Department of Defense.
"(7) Elimination of barriers to, and facilitation of, the integrated manufacture of commercial items and items being produced under Department of Defense contracts.
"(8) Expanded use of commercial products as set forth in section 2325."
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
1994—
§2511. Defense dual-use critical technology partnerships
(a)
(b)
(c)
(2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a partnership for the purpose of calculating the share of the partnership 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 partnership 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 partnership from non-Federal sources.
(3) The Secretary shall consider a partnership 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 partnership costs. Upon the selection of a partnership 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 partnership 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 partnership costs, the Secretary shall revoke the selection of the partnership proposal submitted by the small business concern.
(d)
(e)
(f)
(1) The extent to which the program proposed to be conducted by the partnership advances and enhances the national security objectives set forth in
(2) The technical excellence of the program proposed to be conducted by the partnership.
(3) The qualifications of the personnel proposed to participate in the partnership's research activities.
(4) An assessment of timely private sector investment in activities to achieve the goals and objectives of the proposed partnership other than through the partnership.
(5) The potential effectiveness of the partnership in the further development and application of each technology proposed to be developed by the partnership for the national technology and industrial base.
(6) The extent of the financial commitment of eligible firms to the proposed partnership.
(7) The extent to which the partnership does not unnecessarily duplicate projects undertaken by other agencies.
(8) Such other criteria that the Secretary prescribes.
(g)
(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
1994—Subsec. (c)(3).
1993—Subsec. (c).
Subsec. (e).
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. Commercial-military integration partnerships
(a)
(b)
(2) The Secretary may not enter into a partnership under this section for a period longer than 5 years.
(3) The Secretary may provide a partnership with technical and other assistance to facilitate the achievement of the purposes of this section, subject to the limitations in subsection (c).
(c)
(2) The maximum authorized percentage of funding referred to in paragraph (1) for each year of a partnership is as follows:
(A) 50 percent in the first year.
(B) 40 percent in the second year.
(C) 30 percent in the each of the third, fourth, and fifth years.
(3)(A) The Secretary shall prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a partnership for the purpose of determining the share of the partnership costs that has been or is being undertaken by such participants.
(B) 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 partnership 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 partnership from non-Federal sources.
(C) The Secretary shall consider a partnership 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 partnership costs. Upon the selection of a partnership 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 partnership 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 partnership costs, the Secretary shall revoke the selection of the partnership proposal submitted by the small business concern.
(d)
(e)
(1) The extent to which the program proposed to be conducted by the partnership advances and enhances the national security objectives set forth in
(2) The technical excellence of the program proposed to be conducted by the partnership.
(3) The qualifications of the personnel proposed to participate in the partnership's research activities.
(4) An assessment that timely private sector investment in activities to achieve the goals and objectives of the proposed partnership other than through the partnership.
(5) The potential effectiveness of the partnership in the further development and application of each technology proposed to be developed by the partnership for the industrial and technology base.
(6) The extent of the financial commitment of the eligible firms to the proposed partnership.
(7) The likelihood that the partnership will develop technologies that are sufficiently viable in the commercial sector so that such technologies will be available to meet the future reconstitution requirements and other needs of the Department of Defense described in the most recent national technology and industrial base plan prepared under
(8) The likelihood that, within five years after the establishment of the partnership (or a lesser period established by the Secretary), Federal Government funding of the partnership will not be necessary.
(9) The extent to which the partnership does not unnecessarily duplicate programs undertaken by other Federal agencies.
(10) Such other criteria as the Secretary prescribes.
(Added
Prior Provisions
A prior section 2512, added
Amendments
1994—Subsec. (c)(3)(C).
1993—Subsec. (c)(3)(B).
Application of 1993 Amendments to Existing Technology Reinvestment Projects
Amendment by
§2513. Regional technology alliances assistance program
(a)
(b)
(1) the purpose of the regional technology alliance is to facilitate the use of one or more defense critical technologies for defense and commercial purposes by an industry in the region served by that regional technology alliance in order to maintain within the United States industrial capabilities that are vital to the national security of the United States; and
(2) the regional technology alliance meets the other requirements of this section.
(c)
(A) shall include—
(i) eligible firms that conduct business in the region of the United States served or to be served by the regional technology alliance; and
(ii) a sponsoring agency in such region; and
(B) may include other organizations considered appropriate by the Secretary of Defense.
(2)(A) A sponsoring agency of a regional technology alliance may be any agency described in subparagraph (B) that, as determined by the Secretary, provides adequate assurances that it will—
(i) meet the financial requirement in subsection (e); and
(ii) provide assistance in the management of the regional technology alliance.
(B) An agency referred to in subparagraph (A) is any of the following:
(i) An agency of a State or local government.
(ii) A nonprofit organization established, or performing functions, pursuant to an agreement entered into by one or more States or local governments.
(iii) A membership organization in which a State or local government is a member.
(iv) An institution of higher education designated by a State or local government.
(d)
(A) financial assistance for the activities of a regional technology alliance (including, in the case of a proposed regional technology alliance, the establishment of such regional technology alliance) in any amount not in excess of 50 percent of the cost of conducting such activities (including the cost of establishing a proposed regional technology alliance) during the period covered by the financial assistance; and
(B) technical assistance for the activities (and, in the case of a proposed regional technology alliance, the establishment) of a regional technology alliance awarded financial assistance authorized by subparagraph (A).
(2) The Secretary may not provide financial assistance under the program for construction of facilities.
(3) The Secretary may furnish assistance to a regional technology alliance under the program for not more than six years.
(e)
(2) If the right to use or license the results of any research and development activity of a regional technology alliance is limited by participants in the regional technology alliance to one or more, but less than one-half, of the eligible firms participating in the regional technology alliance, the non-Federal Government participants in the regional technology alliance shall pay the total cost incurred for such activity.
(3) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a regional technology alliance for the purpose of calculating the share of the 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 a regional technology alliance. 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 regional technology alliance from non-Federal sources.
(4) The Secretary shall consider a proposal for a regional technology alliance that is submitted by a small business concern without regard to the ability of the small business concern to immediately meet its share of the anticipated costs of the alliance. Upon the selection of a 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 regional technology alliance 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 costs, the Secretary shall revoke the selection of the proposal submitted by the small business concern.
(f)
(g)
(h)
(1) The potential for the activities of the regional technology alliance to result in—
(A) increased availability of technology for the enhancement of national security; and
(B) the emergence in such region of new firms that are capable of applying dual-use critical technologies.
(2) The potential for the regional technology alliance to be able to apply critical technology research and development supported or conducted by Federal laboratories and institutions of higher education in the advancement of national security interests of the United States.
(3) The potential for the regional technology alliance to sustain itself through support from industry and other non-Federal Government sources after termination of the Federal assistance provided pursuant to this section.
(4) The level of involvement of appropriate State and local agencies, institutions of higher education, and private, nonprofit entities in the regional technology alliance.
(5) The potential for the regional technology alliance to increase industrial competitiveness.
(6) The potential for the regional technology alliance to meet the needs of small- and medium-sized defense-dependent companies across multiple activity areas including—
(A) outreach;
(B) manufacturing education and training;
(C) technology development;
(D) technology deployment; and
(E) business counseling.
(7) Such other criteria as the Secretary prescribes.
(Added
Prior Provisions
A prior section 2513, added
Amendments
1994—Subsec. (e)(4).
1993—Subsec. (b).
Subsec. (c)(2)(B)(ii).
Subsec. (c)(2)(B)(iii), (iv).
Subsec. (e).
Subsec. (e)(3).
Subsec. (h)(5) to (7).
1992—
Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B)(iii).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Application of 1993 Amendments to Existing Technology Reinvestment Projects
Amendment by section 1315(c) of
§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.
(5) The Secretary shall coordinate the Program with the National Defense Technology and Industrial Base Council.
(Added
Prior Provisions
A prior section 2514, added
Provisions similar to those comprising subsecs. (a) and (b) of this section were contained in
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 and Technology, 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 and Technology, 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)
(Added
Prior Provisions
A prior section 2515, added
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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. Military-Civilian Integration and Technology Transfer Advisory Board
(a)
(b)
(1) the effective integration of commercial technologies and best practices into defense industries;
(2) the efficient transfer of defense technologies to civilian industries, where applicable;
(3) that civilian markets are appropriately integrated into dual-use technology development strategies; and
(4) that dual-use critical technologies are used in carrying out defense reinvestment, diversification, and conversion activities described in
(c)
(1) representatives of—
(A) large and small firms involved in both defense and civilian technologies;
(B) universities and independent research institutes;
(C) State and local government agencies involved in technology extension and economic development;
(D) Federal defense and nondefense laboratories;
(E) industrial, worker, and professional organizations; and
(F) financial organizations; and
(2) other individuals that possess important insight to issues of military-commercial integration, as determined by the National Defense Technology and Industrial Base Council.
(d)
(1) advising the National Defense Technology and Industrial Base Council in the planning, execution, and evaluation of programs in the Department of Defense that would facilitate military-commercial integration, including the research, development, and application of dual-use technologies, and manufacturing and industrial assistance programs, educational programs, and financial support programs;
(2) advising the National Defense Technology and Industrial Base Council on policies that the Advisory Board considers essential to effective military-commercial integration;
(3) organizing a Dual-Use Technology Sub-board that will advise the Council on the effectiveness of military-civilian integration regarding dual-use technologies and strategies; and
(4) organizing other sub-boards, with the consent or at the request of the Council, to examine priority issues in military-civilian integration.
(e)
(f)
(g)
(Added
Prior Provisions
A prior section 2516, added
Amendments
1993—Subsec. (b)(4).
First Meeting of Advisory Board
Section 4226(b) of
§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
Section Referred to in Other Sections
This section is referred to in
§2520. Navy Reinvestment Program
(a)
(b)
(c)
(d)
(e)
(Added
SUBCHAPTER IV—MANUFACTURING TECHNOLOGY AND DUAL-USE ASSISTANCE EXTENSION PROGRAMS
Amendments
1994—
1993—
1 So in original. Does not conform to section catchline.
§2521. National Defense Manufacturing Technology Program
(a)
(1) 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) 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) improve the manufacturing quality, productivity, technology, and practices of businesses and workers providing goods and services to the Department of Defense;
(4) promote dual-use manufacturing processes;
(5) 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) sustain and enhance the skills and capabilities of the manufacturing work force;
(7) 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) 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.
(b)
(c)
(Added
Prior Provisions
A prior section 2521, added
Another prior section 2521 was renumbered
§2522. Defense Advanced Manufacturing Technology Partnerships
(a)
(b)
(c)
(d)
(1) The criteria specified in
(2) The extent to which the partnerships provide for the development of advanced manufacturing technologies usable for significantly reducing the potential health, safety, and environmental hazards associated with existing manufacturing processes.
(3) Such other criteria as prescribed by the Secretary of Defense, in consultation with the Council.
(Added
Prior Provisions
A prior section 2522, added
Amendments
1992—
Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Establishment of Initial Partnerships
Section 823(b) of
Section Referred to in Other Sections
This section is referred to in title 15 section 638; title 22 section 3142.
§2523. Manufacturing extension programs
(a)
(b)
(A) to support existing manufacturing extension programs of regions, States, local governments, and private, nonprofit organizations;
(B) to promote the development of a broad range of such programs that will benefit both the national security and the economic prosperity of the United States; and
(C) to increase the involvement of appropriate segments of the private sector in activities that improve the manufacturing quality, productivity, and performance of United States-based small manufacturing firms.
(2) In awarding financial assistance under the program, the Secretary, on the basis of merit pursuant to a competitive selection process, shall select manufacturing extension programs that demonstrate evidence of the following:
(A) Comprehensive and high quality services, including staff with significant experience in industrial manufacturing.
(B) Significant involvement by, and support from, private industry.
(C) The potential for assisting a significant number of United States-based small manufacturing firms with a limited expenditure of Federal funds.
(3)(A) The Secretary shall ensure that the amount of financial assistance furnished by the Federal Government to a manufacturing extension program under this subsection may not exceed 50 percent of the total cost of the program. Financial assistance shall be provided to a recipient program for a period of five years unless such financial assistance is earlier terminated for good cause. Recipients of such financial assistance shall be required to report to the Secretary annually beginning one year after the date that such financial assistance is initiated. Such report shall include a description of the progress of the recipient program in meeting the objectives set out in paragraph (1).
(B) The Secretary of Defense shall require a major evaluation of each manufacturing extension program receiving financial assistance under this subsection. The evaluation shall be conducted during the third year that such program receives such financial assistance. If, on the basis of such evaluation, the Secretary finds that the financial assistance to the extension program should be terminated for good cause, the Secretary shall provide sufficient financial assistance to terminate that program. The amount of that assistance may not exceed the amount that would otherwise have been provided for continuing the financial assistance to the recipient program through the end of the fourth year.
(C) Subparagraphs (A) and (B) do not prohibit a recipient program from reapplying for financial assistance under this subsection upon the expiration or termination of the furnishing of financial assistance under this subsection. The application for additional financial assistance shall be subject to the requirements and procedures set out in this subsection in the same manner and to the same extent as initial applications for financial assistance under this subsection.
(D) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a manufacturing extension program for the purpose of calculating the share of the 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 the program. 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 program from non-Federal sources.
(4) The Secretary of Defense and the Secretary of Commerce shall enter into an agreement for carrying out the program established pursuant to this subsection. The agreement shall include procedures to ensure that the program is fully coordinated with related manufacturing programs of the Department of Commerce.
(Added
References in Text
Section 5121(b) of the Omnibus Trade and Competitiveness Act of 1988 [
Prior Provisions
A prior section 2523, added
Amendments
1993—Subsec. (a).
Subsec. (b).
Subsec. (b)(3)(A).
Subsec. (b)(3)(D).
1992—
Subsec. (b)(1).
1991—
Application of 1993 Amendments to Existing Technology Reinvestment Projects
Amendment by section 1315(d) of
§2524. Defense dual-use assistance extension program
(a)
(b)
(1) Assistance in converting from government-oriented management, production, training, and marketing practices to commercial practices.
(2) Assistance in acquiring and using public and private sector resources, literature, and other information concerning—
(A) research, development, and production processes and practices;
(B) identification of technologies and products having the potential for defense and nondefense commercial applications;
(C) marketing practices and opportunities;
(D) identification of potential suppliers, partners, and subcontractors;
(E) identification of opportunities for government support, including support through grants, contracts, partnerships, and consortia;
(F) enhancement of workforce skills and capabilities, including—
(i) development and introduction of high-performance work systems, workforce literacy programs, and programs for worker education and training;
(ii) other programs that build upon the skills and capabilities of the workforce; and
(G) trade and export assistance.
(3) Loan guarantees to small business concerns and medium-sized business concerns that are economically dependent on defense expenditures, under the terms and conditions specified under other applicable law.
(c)
(2) Subject to subsection (d), the Secretary may provide a program referred to in subsection (b) with technical and other assistance.
(3) The Secretary is authorized to carry out a program to provide assistance to small businesses that are economically dependent on defense expenditures to obtain access to a national network of scientists and engineers, and to information resources (including access through on-line data bases to local, national, and international technical and business literature encompassing a wide range of technologies), that can help minimize technical risk and thereby facilitate the development and commercialization of new products.
(d)
(2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a program under this section for the purpose of calculating the share of the 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 the program. 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 program from non-Federal sources.
(3) The Secretary shall consider a program 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 program costs. Upon the selection of a 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 program 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 program costs, the Secretary shall revoke the selection of the program proposal submitted by the small business concern.
(e)
(2) In addition to the selection criteria specified in subsection (f), the selection criteria in the case of the loan guarantee program under subsection (b)(3) shall also include the following:
(A) The extent to which the loans to be guaranteed would support the retention of defense workers whose employment would otherwise be permanently or temporarily terminated as a result of reductions in expenditures by the United States for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation.
(B) The extent to which the loans to be guaranteed would stimulate job creation and new economic activities in communities most adversely affected by reductions in expenditures by the United States for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation.
(C) The extent to which the loans to be guaranteed would be used to acquire (or permit the use of other funds to acquire) capital equipment to modernize or expand the facilities of the borrower to enable the borrower to remain in the national technology and industrial base available to the Department of Defense.
(3) To be eligible for a loan guarantee under subsection (b)(3), a borrower must be able to demonstrate to the satisfaction of the Secretary that at least 25 percent of the value of the borrower's sales during the preceding fiscal year were derived from—
(A) contracts with the Department of Defense or the defense-related activities of the Department of Energy; or
(B) subcontracts in support of defense-related prime contracts.
(4) The maximum amount of loan principal that the Secretary may guarantee under the loan guarantee program during a fiscal year may not exceed—
(A) $1,250,000, with respect to a small business concern; and
(B) $10,000,000 with respect to a medium-sized business concern.
(f)
(1) The extent to which the program advances and enhances the national security objectives set forth in
(2) The technical excellence of the program.
(3) The qualifications of the personnel proposed to participate in the program's research activities.
(4) The adequacy of timely private sector investment in activities that is sufficient to achieve the goals and objectives of the programs.
(5) The potential effectiveness of the program in the conversion of businesses (and their work forces) from capabilities that make the companies economically dependent on Department of Defense expenditures to capabilities having defense and nondefense commercial applications.
(6) The ability of the program to assist businesses (and their work forces) that are adversely affected by significant reductions in Department of Defense spending.
(7) The extent of the financial commitment by sources other than the Department of Defense.
(8) The extent to which the program would supplement, rather than duplicate, other available services.
(9) The likelihood that, within five years after the commencement of assistance for a program under this section (or a lesser period established by the Secretary), Department of Defense assistance will not be necessary to sustain the program.
(10) Such other criteria as the Secretary prescribes.
(g)
(h)
(Added
Prior Provisions
A prior section 2524 was renumbered
Amendments
1994—Subsec. (d)(3).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1993—Subsec. (b)(2)(F).
Subsec. (b)(3).
Subsec. (d).
"(1) The Secretary shall ensure that the amount of funds provided by the Department of Defense for a program under this section does not exceed the maximum authorized percentage of the combined amount provided by the Department of Defense and all other sources of funding for the program for any year.
"(2) The maximum authorized percentage of Department of Defense funding referred to in paragraph (1) for each year of Department of Defense assistance for a program under this section is as follows:
"(A) 50 percent in the first year.
"(B) 40 percent in the second year.
"(C) 30 percent in the third and following years."
Subsec. (g).
Subsec. (h).
Effective Date of 1994 Amendment
Section 1070(b) of
Application of 1993 Amendments to Existing Technology Reinvestment Projects
Amendment by section 1315(e) of
§2525. Manufacturing science and technology program
(a)
(b)
(c)
(d)
(2) A grant may not be awarded under the program, and a contract, cooperative agreement, or other transaction may not be entered into under the program, on any basis other than a cost-sharing basis unless the Secretary of Defense determines that the grant, contract, cooperative agreement, or other transaction, as the case may be, is for a program that—
(A) is not likely to have any immediate and direct commercial application; or
(B) is of sufficiently high risk to discourage cost sharing by non-Federal Government sources.
(Added
Prior Provisions
A prior section 2525 was renumbered
A prior section 2526 was renumbered
Amendments
1994—
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."
§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 title III of the Act of March 3, 1993 1 (
(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
Title III of the Act of March 3, 1993, popularly known as the "Buy American Act", referred to in subsec. (a), probably means title III of act Mar. 3, 1933, ch. 212,
Amendments
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—
1 See References in Text note below.
§2534. Miscellaneous limitations on the procurement of goods other than United States goods
(a)
(1)
(2)
(3)
(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.
(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)
(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, 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.
(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)
(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
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 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
Section Referred to in Other Sections
This section is referred to in
§2536. Award of certain contracts to entities controlled by a foreign government: prohibition
(a)
(b)
(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
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 comprising 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 comprising 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 comprising 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 1 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
1994—
Subsec. (a)(1).
Subsec. (a)(2).
1 So in original. Probably should be followed by a comma.
CHAPTER 152 —ISSUE OF SUPPLIES, SERVICES, AND FACILITIES
SUBCHAPTER I—ISSUE TO THE ARMED FORCES
Amendments
1994—
1991—
1990—
Cross References
Issue of serviceable material to—
Air Force, see
Army, see
Property records, basis and reports, see
[§2540. Repealed. Pub. L. 103–337, div. A, title XVI, §1664(c)(2), Oct. 5, 1994, 108 Stat. 3012 ]
Section, acts Aug. 10, 1956, ch. 1041,
Effective Date of Repeal
Repeal effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
SUBCHAPTER II—ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO THE ARMED FORCES
Amendments
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
American National Red Cross, see
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: Inaugural Committee
(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.
(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
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) 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
§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
Similar provisions 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
Similar provisions were contained in
§2551. Humanitarian assistance
(a)
(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.
(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
(d)
(e)
(2)(A) Whenever there is enacted a defense authorization Act that contains an authorization of appropriations for humanitarian assistance, a report referred to in paragraph (1) shall be submitted as provided in that paragraph not later than 60 days after the date of the enactment of that Act.
(B) In addition to reports submitted as provided in subparagraph (A), a report shall be submitted under paragraph (1) not later than June 1 of each year.
(3) Each report required by paragraph (1) shall cover all provisions of law, contained in defense authorization Acts, that authorize appropriations for humanitarian assistance to be available for the purposes of this section. A report submitted after the obligation of all amounts appropriated pursuant to such a provision of law shall not cover that provision of law.
(4) Subject to paragraph (3), a report required by paragraph (1) shall contain (as of the date on which the report is submitted) the following information:
(A) The total amount of funds obligated for humanitarian relief under this section.
(B) The number of scheduled and completed flights for purposes of providing humanitarian relief 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
(f)
(g)
(Added
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Foreign Affairs of House of Representatives changed to Committee on International Relations of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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)
(1) the Secretary of Defense determines that the articles or services are not available from a commercial source in the United States;
(2) 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;
(3) the articles or services can be substantially manufactured or performed by the industrial facility concerned with only incidental subcontracting;
(4) it is in the public interest to manufacture the articles or perform the services;
(5) the Secretary determines that the sale of the articles or services will not interfere with the military mission of the industrial facility concerned; and
(6) 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.
(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 "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
Effective Date
Section 339(b) of
CHAPTER 153 —EXCHANGE OF MATERIAL AND DISPOSAL OF OBSOLETE, SURPLUS, OR UNCLAIMED PROPERTY
Amendments
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 similar items held by any individual, organization, institution, agency, or nation or for search, salvage, transportation, and restoration services which directly benefit the historical collection of the armed forces.
(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
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
Cross References
American Legion, see
Loan or gift of obsolete material and articles of historical interest by Secretary of the Navy, see
Veterans of Foreign Wars of the United States, 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) The net proceeds from the sale of property under this section shall be covered into the Treasury as miscellaneous receipts. The owner (or the heirs, next of kin, or legal representative of the owner) may file a claim for those proceeds with the General Accounting Office within five years after the date of the disposal of the property. If not filed within that period, such a claim may not be considered by a court or the General Accounting Office.
(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.
(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
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
§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."
CHAPTER 155 —ACCEPTANCE OF GIFTS AND SERVICES
Amendments
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
American National Red Cross, see
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
1993—
Subsec. (i).
1991—Subsec. (g)(1).
§2609. Theater Missile Defense: acceptance of contributions from allies; Theater Missile Defense Cooperation Account
(a)
(b)
(2) Contributions accepted by the Secretary of Defense under subsection (a) shall be credited to the Account.
(c)
(d)
(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 Account.
(e)
(f)
(g)
(Added
CHAPTER 157 —TRANSPORTATION
Amendments
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: for members on change of permanent station
(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) 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.
(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.
(Added
Historical and Revision Notes
The new
Amendments
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 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 comprising 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 comprising 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)
(i)
(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
1994—Subsecs. (a)(1)(A), (d)(1)(B)(i).
Subsec. (i)(1).
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
§2642. Reimbursement rate for airlift services provided to Central Intelligence Agency
(a)
(b)
(Added
CHAPTER 159 —REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY
Historical and Amendment Notes
1962 Act
This section makes necessary clerical amendments to chapter analysis.
Amendments
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) The Secretary of a military department, or his designee, may not enter into any of the following listed transactions by or for the use of that department until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives:
(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 to be submitted to the Committees on Armed Services of the Senate and House of Representatives 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) The Secretary of each military department shall report annually to the Committees on Armed Services of the Senate and the House of Representatives on transactions described in subsection (a) that involve an estimated value of more than the small purchase threshold under
(c) This section applies only to real property in the United States, Puerto Rico, Guam, the American Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. It does not apply to real property for river and harbor projects or flood control projects, or to leases of Government-owned real property for agricultural or grazing purposes or to any real property acquisition specifically authorized in a Military Construction Authorization Act.
(d) A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.
(e) No element of the Department of Defense shall occupy any general purpose space leased for it by the General Services Administration at an annual rental in excess of $200,000 (excluding the cost of utilities and other operation and maintenance services), if the effect of such occupancy is to increase the total amount of such leased space occupied by all elements of the Department of Defense, until the expiration of thirty days from the date upon which a report of the facts concerning the proposed occupancy is submitted to the Committees on Armed Services of the Senate and the House of Representatives.
(f) Whenever a transaction covered by this section is made by or on behalf of an intelligence component of the Department of Defense or involves real property used by such a component, any report under this section with respect to the transaction that is submitted to the Committees on Armed Services of the Senate and the House of Representatives shall be submitted concurrently to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(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.
Amendments
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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
(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, in the case of the lease of real property, 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).
(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 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 Committees on Armed Services of the Senate and 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.
(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), 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.
(g) 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.
Amendments
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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 title 16 section 670a; title 22 section 2796.
[§2667a. Repealed. Pub. L. 98–115, title VIII, §807(c)(1), Oct. 11, 1983, 97 Stat. 786 ]
Section, added
Effective Date of Repeal
Section 807(c) of
Facilities Replacement Management Account Abolished
Section 807(c)(3) of
§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, telephone lines, and telegraph 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; and
(10) 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
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
American National Red Cross, see
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 $200,000
(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 $200,000, 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 $200,000.
(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
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 Committees on Armed Services of the Senate and House of Representatives at least 30 days in advance of any action being taken.
(Added
Amendments
1984—Subsec. (a).
Subsec. (b).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§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 the Pentagon Reservation
(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 Committees on Armed Services of the Senate and the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Public Works and Transportation of the House of Representatives 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.
(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 at the Pentagon Reservation. 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
1991—Subsec. (b)(2).
Subsec. (c)(3).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Public Works and Transportation of House of Representatives changed to Committee on Transportation and Infrastructure by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§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
Similar provisions 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)
(Added
Prior Provisions
A prior section 2680, added
Amendments
1993—Subsec. (d).
Reporting Requirement
Section 2863(b) of
"(1) identifies each leasehold interest acquired during the previous fiscal year by the Secretary under subsection (a) of
"(2) contains a discussion of each project for the construction or modification of facilities carried out pursuant to subsection (c) of such section during such fiscal year."
§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.
(g)
(h)
(Added
Prior Provisions
A prior section, added
§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. Repealed. Pub. L. 97–214, §7(1), July 12, 1982, 96 Stat. 173 ]
Section, added
Effective Date of Repeal
Repeal 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
§2685. Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities
(a) Notwithstanding any other provision of law, the Secretary of a military department, under regulations established by him and approved by the Secretary of Defense, may, for the purposes of this section, provide for an adjustment of, or surcharge on, sales prices of goods and services sold in commissary store facilities.
(b) The Secretary of a military department, under regulations established by him and approved by the Secretary of Defense, may use the proceeds from the adjustments or surcharges authorized by subsection (a) to acquire, construct, convert, expand, install, or otherwise improve commissary store facilities at defense installations and for related environmental evaluation and construction costs, including surveys, administration, overhead, planning, and design.
(c) The Secretary of a military department, with the approval of the Secretary of Defense and the Director of the Office of Management and Budget, may obligate anticipated proceeds from the adjustments or surcharges authorized by subsection (a) for any use specified in subsection (b) or (d), without regard to fiscal year limitations, if the Secretary of the military department determines that such obligation is necessary to carry out any use of such adjustments or surcharges specified in subsection (b) or (d).
(d)(1) The Secretary of a military department may authorize a nonappropriated fund instrumentality of the United States to enter into a contract for construction of a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities. The Secretary may use the proceeds of adjustments or surcharges authorized by subsection (a) to reimburse the nonappropriated fund instrumentality for the portion of the cost of the contract that is attributable to construction of the commissary store or to pay the contractor directly for that portion of such cost.
(2) In paragraph (1), the term "construction", with respect to a facility, includes acquisition, conversion, expansion, installation, or other improvement of the facility.
(Added
Amendments
1994—Subsec. (c).
Subsec. (d).
1982—Subsec. (c).
1977—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
[§2686. Repealed. Pub. L. 97–214, §7(1), July 12, 1982, 96 Stat. 173 ]
Section, added
Effective Date of Repeal
Repeal 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
§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 Committees on Armed Services of the Senate and 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
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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
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)(A) 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 clause[s] (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(d) of Pub. L. 100–526 and Section 2905(e) 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
"(a)
"(2) Paragraph (1) applies to each military installation—
"(A) which is to be closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
"(B) which is on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(b)
"(2) Paragraph (1) applies to each military installation—
"(A) which is to be closed pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
"(B) which is on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(c)
"(A) There are newly discovered sites or areas on the installation where a hazardous substance has been released, stored, or disposed of. For purposes of this subparagraph, the term 'newly discovered' means discovered after the expiration of the 6-month period beginning on the date of enactment of this Act [Dec. 5, 1991].
"(B) There are technical engineering difficulties in carrying out the investigations and studies.
"(C) Expediting the investigations and studies would constitute a substantial endangerment to the public health and the environment.
"(D) Adequate funds have not been appropriated to the Department of Defense, or adequate resources are not available to any party to the Federal Facility Agreement, to carry out or oversee the investigations and studies by the applicable deadline.
"(2)(A) An extension under paragraph (1) shall take effect if—
"(i) the Secretary of Defense submits to Congress a notification containing a certification that, to the best of the Secretary's knowledge and belief, the requirements of subsection (a) or (b) cannot be met with respect to the military installation by the applicable deadline because one of the conditions set forth in paragraph (1) exists; and
"(ii) a period of 30 calendar days after receipt by Congress of such notice has elapsed.
"(B) In the computation of the 30-day period under subparagraph (A)(ii), there shall be excluded each day on which either House of Congress is not in session because of an adjournment of more than 3 calendar days to a day certain.
"(3) The Secretary may grant more than one 6-month extension for a military installation under paragraph (1), but each such extension is subject to paragraphs (1) and (2).
"(d)
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
"(1) Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to
"(2) The report required under paragraph (1) shall cover each military installation which is to be closed pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
Sense of Congress Regarding Joint Resolution of Disapproval of 1991 Base Closure Commission Recommendation
Requirements for Base Closure and Realignment Plans
Similar provisions were contained in the following prior appropriation acts:
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 Armed Services [now Committee on National Security] 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
"(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 of the Administrator to grant approvals and make determinations under section 13(g) of the Surplus Property Act of 1944 (
"(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 (C) 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 in effect on the date of the enactment of this Act [Nov. 5, 1990] 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 in effect on the date of the enactment of this Act 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 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.
"(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 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 under this part to the redevelopment authority with respect to the installation.
"(B)(i)(I) Except as provided in clause (ii), the transfer of property under subparagraph (A) may be for consideration at or below the estimated fair market value of the property transferred or without consideration. Such consideration may include consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The Secretary shall determine the estimated fair market value of the property to be transferred under this subparagraph before carrying out such transfer.
"(II) The Secretary shall prescribe regulations that set forth guidelines for determining the amount, if any, of consideration required for a transfer under this paragraph. Such regulations shall include a requirement that, in the case of each transfer under this paragraph for consideration below the estimated fair market value of the property transferred, the Secretary provide an explanation why the transfer is not for the estimated fair market value of the property transferred (including an explanation why the transfer cannot be carried out in accordance with the authority provided to the Secretary pursuant to paragraph (1) or (2)).
"(ii) The transfer of property under subparagraph (A) shall be without consideration in the case of any installation located in a rural area whose closure under this part will have a substantial adverse impact (as determined by the Secretary) on the economy of the communities in the vicinity of the installation and on the prospect for the economic recovery of such communities from such closure. The Secretary shall prescribe in the regulations under clause (i)(II) the manner of determining whether communities are eligible for the transfer of property under this clause.
"(iii) In the case of a transfer under subparagraph (A) for consideration below the fair market value of the property transferred, the Secretary may recoup from the transferee of such property such portion as the Secretary determines appropriate of the amount, if any, by which the sale or lease of such property by such transferee exceeds the amount of consideration paid to the Secretary for such property by such transferee. The Secretary shall prescribe regulations for determining the amount of recoupment under this clause.
"(C)(i) 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 (
"(ii) The Secretary may, in lieu of the transfer of property referred to in subparagraph (A), transfer property similar to such property (including property not located at the installation) if the Secretary determines that the transfer of such similar property is in the interest of the United States.
"(D) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(E) 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 subparagraph (B), 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.
"(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) Determinations of the use to assist the homeless of buildings and property located at installations approved for closure under this part after the date of the enactment of this paragraph [Oct. 25, 1994] shall be determined under 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 approval of the redevelopment plan by the Secretary of Housing and Urban Development under subparagraph (H) or (J).
"(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 Housing and Urban Development.
"(ii) A redevelopment authority shall submit a revised plan under this subparagraph to the Secretary of Housing and Urban Development, 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) Upon receipt of a notice under subparagraph (H)(vi) 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 located at the installation that are identified in the plan as available for use to assist the homeless in accordance with the provisions of the plan. The Secretary of Defense may dispose of such buildings or property directly to the representatives of the homeless concerned or to the redevelopment authority concerned. The Secretary of Defense shall dispose of the buildings and property under this subparagraph without consideration.
"(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) The Secretary of Housing and Urban Development shall indicate to the Secretary of Defense and to the redevelopment authority concerned the buildings and property at an installation under clause (i)(IV) to be disposed of not later than 90 days after the date of a receipt of a revised plan for the installation under subparagraph (J).
"(iv) The Secretary of Defense shall dispose of the buildings and property at an installation referred to in clause (iii) to entities indicated by the Secretary of Housing and Urban Development or by transfer to the redevelopment authority concerned for transfer to such entities. Such disposal shall be in accordance with the indications of the Secretary of Housing and Urban Development under clause (i)(IV). Such disposal shall be without consideration.
"(M)(i) In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K), 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.
"(8)(A) Subject to subparagraph (C), the Secretary may contract with local governments for the provision of police services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this part if the Secretary determines that the provision of such services under such contracts 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].
"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 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 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 (
"(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) 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 part shall be held in the Account until transferred by law after the congressional defense committees receive the report transmitted under paragraph (3).
"(3) No later than 60 days after the termination of the authority of the Secretary to carry out a closure or realignment under this part, 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 Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives [Committee on Armed Services of the House of Representatives now Committee on National Security].
"(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.
"(10)[(11)] The term 'representative of the homeless' has the meaning given such term in section 501(h)(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
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 [now Committee on National Security], the Committee on Appropriations, and the Defense Subcommittees of the Committee on Appropriations of the House of Representatives; and
"(B) the Committee on Armed Services, the Committee on Appropriations, and the Defense Subcommittees of the Committee on Appropriations of the Senate.
"(f)
"(1) The amount of each deposit in the account during the preceding fiscal year, and the source of the amount.
"(2) The balance in the account at the end of that fiscal year.
"(3) The amounts expended from the account by each military department during that fiscal year.
"(4) With respect to each military installation for which money was deposited in the account as a result of the release of real property or improvements of the installation to a host country during that fiscal year—
"(A) the total amount of the investment of the United States in the installation, expressed in terms of constant dollars of that fiscal year;
"(B) the depreciated value (as determined by the Secretary of a military department under regulations to be prescribed by the Secretary of Defense) of the real property and improvements that were released; and
"(C) the explanation of the Secretary for any difference between the benefits received by the United States for the real property and improvements and the depreciated value (as so determined) of that real property and improvements.
"(5) A list identifying all military installations outside the United States for which the Secretary proposes to make expenditures from the Department of Defense Overseas Facility Investment Recovery Account under subsection (c)(2)(B) during the next fiscal year and specifying the amount of the proposed expenditures for each identified military installation.
"(6) A description of the purposes for which the expenditures proposed under paragraph (5) will be made and the need for such expenditures.
"(g) OMB
"(2) Each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives [now Committee on Armed Services of the Senate and Committee on National Security 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.
"(h)
"(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 of the Administrator to grant approvals and make determinations under section 13(g) of the Surplus Property Act of 1944 (
"(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) 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.
"(E) 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 under this title to the redevelopment authority with respect to the installation.
"(B)(i)(I) Except as provided in clause (ii), the transfer of property under subparagraph (A) may be for consideration at or below the estimated fair market value of the property transferred or without consideration. Such consideration may include consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The Secretary shall determine the estimated fair market value of the property to be transferred under this subparagraph before carrying out such transfer.
"(II) The Secretary shall prescribe regulations that set forth guidelines for determining the amount, if any, of consideration required for a transfer under this paragraph. Such regulations shall include a requirement that, in the case of each transfer under this paragraph for consideration below the estimated fair market value of the property transferred, the Secretary provide an explanation why the transfer is not for the estimated fair market value of the property transferred (including an explanation why the transfer cannot be carried out in accordance with the authority provided to the Secretary pursuant to paragraph (1) or (2)).
"(ii) The transfer of property under subparagraph (A) shall be without consideration in the case of any installation located in a rural area whose closure under this title will have a substantial adverse impact (as determined by the Secretary) on the economy of the communities in the vicinity of the installation and on the prospect for the economic recovery of such communities from such closure. The Secretary shall prescribe in the regulations under clause (i)(II) the manner of determining whether communities are eligible for the transfer of property under this clause.
"(iii) In the case of a transfer under subparagraph (A) for consideration below the fair market value of the property transferred, the Secretary may recoup from the transferee of such property such portion as the Secretary determines appropriate of the amount, if any, by which the sale or lease of such property by such transferee exceeds the amount of consideration paid to the Secretary for such property by such transferee. The Secretary shall prescribe regulations for determining the amount of recoupment under this clause.
"(C)(i) 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 (
"(ii) The Secretary may, in lieu of the transfer of property referred to in subparagraph (A), transfer personal property similar to such property (including property not located at the installation) if the Secretary determines that the transfer of such similar property is in the interest of the United States.
"(D) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
"(E) 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 subparagraph (B), 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.
"(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 contract with local governments for the provision of police services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title if the Secretary determines that the provision of such services under such contracts 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].
"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 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 [Committee on Armed Services of the House of Representatives now Committee on National Security].
"(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. Repealed. Pub. L. 97–214, §7(1), July 12, 1982, 96 Stat. 173 ]
Section, added
Effective Date of Repeal
Repeal 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
§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—
(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.
(Added
Amendments
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 from other agencies
(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 (
(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
1985—
§2692. Storage 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 or disposal of any material that is a toxic or hazardous material and that is not owned by the Department of Defense.
(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—
(1) the storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services;
(2) the temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal 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 agency concerned;
(3) the temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities;
(4) 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;
(5) the temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy;
(6) the storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable Department of Defense regulations;
(7) 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;
(8) 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 by a private person in connection with the authorized and compatible use by that person of an industrial-type facility of the Department of Defense; and
(9) 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 by a private person in connection with the authorized and compatible commercial use by that person of an industrial-type facility of that military department and the Secretary enters into a contract with that person that—
(A) is consistent with the best interest of national defense and environmental security; and
(B) provides for that person's continued financial and environmental responsibility and liability with regard to the material.
(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
1994—Subsec. (b)(9).
1992—Subsec. (b)(8).
§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
CHAPTER 160 —ENVIRONMENTAL RESTORATION
Amendments
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)
(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
Act of August 24, 1935, 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 comprising subsecs. (f) and (g) of this section were contained in
A prior section 2701 was renumbered
Amendments
1994—Subsec. (d).
Subsec. (j)(1).
1993—Subsec. (j)(2).
1992—Subsec. (j).
1991—Subsecs. (h) to (j).
1990—Subsecs. (f), (g).
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 1201(a) 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 1201(a) 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
§2703. Environmental restoration transfer account
(a)
(1)
(2)
(3)
(b)
(c)
(d)
(e)
(f)
(Added
References in Text
Section 107 of CERCLA, referred to in subsec. (e), is classified to
Amendments
1994—Subsec. (f).
Effective Date
Section 211(c) 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
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) The Secretary shall prescribe regulations regarding the characteristics, composition, funding, and establishment of restoration advisory boards pursuant to this subsection. However, the issuance of regulations shall not be a precondition to the establishment of a restoration advisory board or affect the existence or operation of a restoration advisory board established before the date of the enactment of this section.1
(3) The Secretary may provide for the payment of routine administrative expenses of a restoration advisory board from funds available for the operation and maintenance of the installation (or installations) for which the board is established or from the funds available under subsection (e)(3).
(e)
(2)(A) Subject to subparagraph (B), the Secretary shall make available under paragraph (3) funds to facilitate the participation of individuals from the private sector on technical review committees and restoration advisory boards at installations not covered by paragraph (1) for the purpose of ensuring public input into the planning and implementation of environmental restoration activities at the installations for which such committees and boards are in operation.
(B) The private individuals who are members of a committee or advisory board are eligible for funding assistance under this paragraph only if they reside in the vicinity of the installation (or installations) for which the committee or advisory board is established and are not potentially responsible parties with respect to environmental hazards at any installation. Funds shall be paid to, and administered by, the committee or advisory board on which the private individuals are members for accounting and financial management purposes, subject to subparagraph (C).
(C) Individuals who are local community members of a technical review committee or restoration advisory board may use funds made available under this paragraph only—
(i) to obtain technical assistance in interpreting scientific and engineering issues with regard to the nature of environmental hazards at an installation and the restoration activities proposed for or conducted at the installation; and
(ii) to assist such members and affected citizens to participate more effectively in environmental restoration activities at the installation.
(D) The members of a technical review committee or restoration advisory board may use funds made available under this paragraph to employ technical or other experts, in accordance with the regulations prescribed under subsection (d)(2).
(3)(A) Subject to subparagraph (B), the Secretary shall make funds available under this subsection using funds in the following accounts:
(i) In the case of a military installation not closed pursuant to a base closure law, the Defense Environmental Restoration Account established in
(ii) In the case of a technical review committee or restoration advisory board established for a military installation to be closed, 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
(B) The total amount of funds available under this subsection for fiscal year 1995 may not exceed $7,500,000.
(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.
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (d)(2), probably means the date of enactment of section 326 of
Amendments
1994—Subsecs. (d) to (f).
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
"(1) the establishment of restoration advisory boards under subsection (d) of
"(2) the expenditure of funds for assistance for citizen participation on technical review committees and restoration advisory boards under subsection (e) of such section, as added by subsection (b)."
1 So in original. Probably should be "subsection."
§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.
(b)
(2) Each such report shall include the following:
(A) A statement of the funding levels and full-time personnel required for the Department of Defense to comply with applicable environmental laws during the fiscal year for which the budget is submitted, setting forth separately the funding levels and personnel required for the Department of Defense as a whole and for each military installation.
(B) A statement of the funding levels and full-time personnel requested for such purposes in the budget submitted by the President at the same time as the report, including—
(i) an explanation of any differences between the funding level and personnel requirements and the funding level and personnel requests in the budget; and
(ii) a statement setting forth separately the funding levels and full-time personnel requested for the Department of Defense as a whole and for each military installation.
(C) A projection of the funding levels and the number of full-time personnel that will be required over the five fiscal years following the fiscal year in which the report is submitted for the Department of Defense to comply with applicable environmental laws, setting forth separately such projections for the Department of Defense as a whole and for each military installation.
(D) An analysis of the effect that compliance with such environmental laws may have on the operations and mission capabilities of the Department of Defense as a whole and of each military installation.
(E) A statement of the funding levels requested in the budget submitted by the President at the same time as the report for carrying out research, development, testing, and evaluation for environmental purposes or environmental activities of the Department of Defense. The statement shall set forth separately the funding levels requested for the Department of Defense as a whole and for each military department and Defense Agency.
(F) A description of the number and duties of all current full-time civilian and military personnel who carry out environmental activities (including research) for the Department of Defense, including a description of the organizational structure of such personnel from the Secretary of Defense down to the military installation level.
(G) A statement of the funding levels and personnel required for the Department of Defense to comply with applicable environmental requirements for military installations located outside the United States during the fiscal year for which the budget is submitted.
(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)
(1) The term "defense contractor"—
(A) means an entity (other than an entity referred to in subparagraph (B)) that is one of the top 100 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 (
(Added
Amendments
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
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
CHAPTER 161 —PROPERTY RECORDS AND REPORT OF THEFT OR LOSS OF CERTAIN PROPERTY
Amendments
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
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
CHAPTER 163 —MILITARY CLAIMS
Amendments
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.
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
Similar provisions 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 Comptroller General 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
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 Comptroller General 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
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."
CHAPTER 165 —ACCOUNTABILITY AND RESPONSIBILITY
Amendments
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) Under such regulations as the Comptroller General may prescribe, payments under subsection (a) shall be made by the military department concerned or the Department of Transportation, as the case may be. Payment under clause (6) of subsection (a) shall be made—
(1) upon settlement by the General Accounting Office; or
(2) as otherwise authorized by the Comptroller General.
(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) 2771(c) |
37:361. 37:362. 37:365. 37:364 (less proviso). 37:363 (less last sentence). |
July 12, 1955, ch. 328, §§1–3, 4 (less proviso), 5 (first sentence), |
| 2771(d) | 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
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) With the approval of a Secretary of a military department when the Secretary considers it necessary, a disbursing official of the military department 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.
(b)(1) If a disbursing official of any military department 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
1982—
§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 Comptroller General; or
(2) the Secretary concerned, as defined in
(A) the claim is in an amount aggregating not more than $1,500;
(B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and
(C) the waiver is made in accordance with standards which the Comptroller General shall prescribe.
(b) The Comptroller General 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
1991—Subsec. (a)(2)(A).
1987—
Subsec. (a).
1985—
Subsec. (a).
Subsec. (b)(2).
1980—Subsec. (a).
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]."
§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 to the Comptroller General 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
1984—Subsec. (c).
§2778. Accounts of the military departments
The Comptroller General shall—
(1) maintain all accounts of—
(A) receipts and expenditures of public money in the military departments; and
(B) debts due the United States on moneys advanced for the department;
(2) preserve settled accounts, vouchers, and certificates;
(3) record all requisitions drawn by the Secretary of the department;
(4) each year on the first Monday in November, report to the Secretary of the Treasury on the application of money appropriated for the military departments; and
(5) report on the accounts of the military departments as the Secretary of the department requires.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2778 | 31:44 (1st sentence). | June 10, 1921, ch. 18, §304 (1st par. 1st sentence), |
| 31:103. | R.S. §283; July 31, 1894, ch. 174, §10 (3d sentence words after semicolon related to §283), |
In the section, before clause (1), the words "Comptroller General" are substituted for "General Accounting Office" for consistency. In clause (1)(A), the words "regard to" are omitted as surplus. The words "military departments" are substituted for "Departments of the Army, Navy, and Air Force" 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,
§2779. Use of funds because of fluctuations in currency exchange rates of foreign countries
(a)(1) Funds transferred from the appropriation "Foreign Currency Fluctuations, Defense" may be transferred back to the appropriation—
(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 2d fiscal year after the fiscal year that the appropriation to which the funds were originally transferred is available for obligation.
(b)(1) One hundred million dollars, plus $25,000,000 from Family Housing, Defense, are appropriated to the Secretary of Defense, to remain available until spent. The appropriation is available only to provide funds to eliminate losses in military construction or expenses of family housing for the Department of Defense caused by fluctuations in currency exchange rates of foreign countries that changed after a budget request was submitted to Congress.
(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.
(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.
Amendments
1990—Subsec. (b)(4).
§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
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. Repealed. Pub. L. 101–510, div. A, title XIV, §1405(c)(1), Nov. 5, 1990, 104 Stat. 1680 ]
Section, 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)
CHAPTER 167 —DEFENSE MAPPING AGENCY
Amendments
1994—
1991—
1986—
Chapter Referred to in Other Sections
This chapter is referred to in title 14 section 82.
§2791. Establishment and duties
The Defense Mapping Agency is an agency of the Department of Defense. The Defense Mapping Agency shall improve means of navigating vessels of the Navy and the merchant marine by providing, under the authority of the Secretary of Defense, accurate and inexpensive nautical charts, sailing directions, books on navigation, and manuals of instructions for the use of all vessels of the United States and of navigators generally.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2791 | 10:7391. |
The first sentence is substituted for "There is attached to the Office of the Chief of Naval Operations a United States Naval Oceanographic Office" to reflect the transfer of functions of the Naval Oceanographic Office to the Secretary of Defense by Department of Defense Reorganization Order of March 28, 1972, and the further delegation to the Defense Mapping Agency of the responsibilities assigned the Secretary of Defense under the source provision. The words "Secretary of Defense" are substituted for "Secretary of the Navy" for consistency.
§2792. Maps, charts, and books
The Secretary of Defense may—
(1) have the Defense Mapping Agency prepare maps, charts, and nautical books required in navigation and have those materials published and furnished to navigators; and
(2) buy the plates and copyrights of existing maps, charts, books on navigation, and sailing directions and instructions.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2792 | 10:7392. |
In the section, the words "Secretary of Defense" and "Defense Mapping Agency" are substituted for "Secretary of the Navy" and "United States Naval Oceanographic Office", respectively, for consistency with 10:2791. The words "under such regulations as he prescribes" are omitted as unnecessary.
§2793. Pilot charts
(a) There shall be conspicuously printed on pilot charts prepared in the Defense Mapping Agency the following: "Prepared from data furnished by the Defense Mapping Agency of the Department of Defense and by the Department of Commerce, and published at the Defense Mapping Agency under the authority of the Secretary of Defense".
(b) The Secretary of Commerce shall furnish to the Defense Mapping Agency, as quickly as possible, all meteorological information received by the Secretary that is necessary for, and of the character used in, preparing pilot charts.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2793 | 10:7393. |
The words "Secretary of Defense" and "Defense Mapping Agency" are substituted for "Secretary of the Navy" and "United States Naval Oceanographic Office", respectively, for consistency with 10:2791. The words "Secretary of Commerce" are substituted for "Weather Bureau of the Department of Commerce" to reflect the transfer of functions from the Weather Bureau to the Secretary of Commerce under Reorganization Plan No. 2 of 1965 (eff. July 13, 1965,
§2794. Prices of maps, charts, and navigational publications
All maps, charts, and other publications offered for sale by the Defense Mapping Agency shall be sold at prices and under regulations that may be prescribed by the Secretary of Defense.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2794 | 10:7394. |
The words "Secretary of Defense" and "Defense Mapping Agency" are substituted for "Secretary of the Navy" and "United States Naval Oceanographic Office", respectively, for consistency with 10:2791. The word "prescribed" is substituted for "determined" for consistency in title 10. The last sentence, which provided that money from sales be covered into the Treasury, is omitted because of 31:3302.
§2795. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations
The Secretary of Defense may authorize the Defense Mapping Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services to a foreign country or international organization pursuant to an agreement for the production or exchange of such data.
(Added
§2796. Maps, charts, and geodetic data: public availability; exceptions
(a) The Defense Mapping Agency shall offer for sale maps and charts at scales of 1:500,000 and smaller, except those withheld in accordance with subsection (b) or those specifically authorized under criteria established by Executive order to be kept secret in the interest of national defense or foreign policy and in fact properly classified pursuant to such Executive order.
(b)(1) Notwithstanding any other provision of law, the Secretary of Defense may withhold from public disclosure any geodetic product in the possession of, or under the control of, the Department of Defense—
(A) that was obtained or produced, or that contains information that was provided, pursuant to an international agreement that restricts disclosure of such product or information to government officials of the agreeing parties or that restricts use of such product or information to government purposes only;
(B) that contains information that the Secretary of Defense has determined in writing would, if disclosed, reveal sources and methods used to obtain source material for production of the geodetic product; or
(C) that contains information that the Director of the Defense Mapping Agency has determined in writing would, if disclosed, jeopardize or interfere with ongoing military or intelligence operations or reveal military operational or contingency plans.
(2) In this subsection, the term "geodetic product" means any map, chart, geodetic data, or related product.
(c)(1) Regulations to implement this section (including any amendments to such regulations) shall be published in the Federal Register for public comment for a period of not less than 30 days before they take effect.
(2) Regulations under this section shall address the conditions under which release of geodetic products authorized under subsection (b) to be withheld from public disclosure would be appropriate—
(A) in the case of allies of the United States; and
(B) in the case of qualified United States contractors (including contractors that are small business concerns) who need such products for use in the performance of contracts with the United States.
(Added
Amendments
1994—Subsec. (b)(1)(C).
Regulations
Section 502(b) of
§2797. Unauthorized use of Defense Mapping Agency name, initials, or seal
(a) No person may, except with the written permission of the Secretary of Defense, knowingly use the words "Defense Mapping Agency", the initials "DMA", the seal of the Defense Mapping Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary of Defense.
(b) Whenever it appears to the Attorney General that any person is engaged or about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to hearing and determination of such action and may, at any time before such final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.
(Added
§2798. Civil actions barred
(a)
(b)
(Added
Effective Date
Section 1074(d) of
CHAPTER 169 —MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
SUBCHAPTER I—MILITARY CONSTRUCTION
Amendments
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 Committees on Armed Services and on Appropriations of the Senate and 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
1992—Subsec. (c)(4).
Subsec. (d).
1987—Subsec. (c).
Subsec. (c)(3).
Subsec. (d).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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
§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 minor military construction projects not otherwise authorized by law. A minor military construction project is a military construction project (1) that is for a single undertaking at a military installation, and (2) that has an approved cost equal to or less than $1,500,000.
(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) A 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.
(2) When a decision is made to carry out a 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 paragraph (2), the Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified military construction project costing not more than $300,000.
(2) The authority provided in paragraph (1) may not be used with respect to any exercise-related unspecified military construction project coordinated or directed by the Joint Chiefs of Staff outside the United States.
(d) Military family housing projects for construction of new housing units may not be carried out under the authority of this section.
(Added
Amendments
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
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 Organization Infrastructure
(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 Infrastructure 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
1991—Subsec. (c)(2)(B).
1987—Subsec. (c)(1).
1986—Subsec. (a).
1982—
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 $300,000, 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 study, planning, design, architectural, and engineering services 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
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
Similar provisions 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)
(Added
Amendments
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
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Effective Date
Section 2805(b) of
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
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 disagree with respect to the availability of suitable alternative housing at any location, the Secretary concerned shall notify the appropriate committees of Congress, in writing, of the disagreement, of the Secretary's decision to proceed with the construction, and of the justification for proceeding with the construction. A contract for construction of family housing units at such location may not then be entered into until the end of the 21-day period beginning on the date such committees receive the notification.
(c) 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.
(d) The Secretary of Defense shall prescribe regulations to define what constitutes suitable alternative housing for the purposes of this section.
(Added
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
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 maintenance or repair work to be accomplished concurrently with an improvement project.
(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 Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives 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), there shall be included as part of the cost of the improvement the cost of repairs undertaken in connection with the improvement and any cost in connection with (A) the furnishing of electricity, gas, water and sewage disposal, (B) the construction or repair of roads and walks, and (C) 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
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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. The authority provided by this subsection shall expire on September 30, 1994.
(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.
(Added
Amendments
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 paragraph (3), 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) At the beginning of each fiscal year, the Secretary concerned shall adjust the maximum lease amount provided for under paragraphs (2) and (3) 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 300 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 220 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 300 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 subject to that maximum lease amount.
(3) The Secretary concerned shall adjust the maximum lease amounts provided for under paragraphs (1) and (2) 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.
(4) 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
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 quarters, occupy a substandard family housing unit under the jurisdiction of the Secretary concerned.
(2) Occupancy of a family housing unit under paragraph (1) shall be subject to a charge against the member's basic allowance for quarters 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
1987—Subsec. (a)(1).
Subsec. (b).
1986—Subsec. (c).
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 Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives 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
1989—
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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
Prior similar provisions 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
Prior 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 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 naval service 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 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. The Secretary 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 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.
(e)
(A) of advising the Secretary regarding those proposed limited partnerships under subsection (a), if any, that are financially and otherwise sound investments for meeting the objectives of this section;
(B) of administering the Account established under subsection (d); and
(C) of assisting the Secretary in such other ways as the Secretary determines to be necessary and appropriate to carry out this section.
(2) The Navy Housing Investment Board shall be composed of seven members appointed for a two-year term by the Secretary. Among such members, the Secretary may appoint two persons from the private sector who have knowledge and experience in the financing and the construction of housing. The Secretary shall designate one of the members as chairperson of the Board.
(3) Members of the Navy Housing Investment Board, other than those members regularly employed by the Federal Government, may be paid while attending meetings of the Board or otherwise serving at the request of the Secretary, compensation at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under
(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Navy Housing Investment Board.
(f)
(g)
(h)
(2) The Navy Housing Investment Board shall terminate on November 30, 1999.
(Added
References in Text
The Federal Advisory Committee Act, referred to in subsec. (e)(4), is
SUBCHAPTER III—ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
Amendments
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 a within-scope modification to a contract or to the settlement of a contractor claim under a contract if the increase in cost is approved by the Secretary concerned, and the Secretary concerned promptly submits written notification of the facts relating to the proposed increase in cost to the appropriate committees of Congress.
(Added
Amendments
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
§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
§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
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
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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, 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" includes—
(A) the repair by replacement of equipment or systems, such as lighting, heating, or cooling equipment or systems or industrial processes, 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.
(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.
(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 Committees on Armed Services and Appropriations of the Senate and House of Representatives 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
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).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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)
(c)
(2) When a decision is made to carry out a project under paragraph (1), the Secretary of Defense shall notify the Committees on Armed Services and Appropriations of the Senate and House of Representatives 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
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
CHAPTER 171 —SECURITY AND CONTROL OF SUPPLIES
§2891. Security and control of supplies: annual report
(a) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report for each of fiscal years 1992, 1993, and 1994 on security and control of Department of Defense supplies. Each such report shall be submitted not later than four months after the end of the fiscal year for which the report is submitted.
(b) Each report shall include the following:
(1) A summary of each of the physical inventory program plans of the Department of Defense, the Defense Logistics Agency, and the military departments for the fiscal year in which the report is submitted.
(2) A discussion of the deficiencies, if any, in the security and control of Department of Defense supplies in the fiscal year preceding the year in which the report is submitted and a discussion of the extent to which such deficiencies have been corrected.
(3) A discussion of—
(A) research and development projects carried out by the Department of Defense in such preceding fiscal year for the improvement of the inventory and recordkeeping capabilities of the Department;
(B) any proposals for expeditious application of any new technology resulting from such projects; and
(C) the budget needs for research and development for such purpose in the fiscal year in which the report is submitted and any subsequent fiscal year for which the budget needs have been determined.
(4) The budget authority made available to the Department of Defense for inventory control functions in the fiscal year in which the report is submitted and in each of the five fiscal years preceding such fiscal year.
(5) The budget authority proposed for such purpose in the budget submitted to Congress under
(6) The budget authority needed for such purpose in each of the five fiscal years following the fiscal year for which such budget is submitted.
(7) An evaluation of the effectiveness of supply inventory control in the fiscal year preceding the fiscal year in which the report is submitted, the criteria used by the Secretary to make such evaluation, and the information considered by the Department in making the evaluation, including the value of supplies lost or stolen or for which accountability has otherwise been lost.
(8) The aggregate statistics for all incidents of theft, fraud, or breach of security involving Department of Defense supplies that were investigated by military or civilian law enforcement agencies during the fiscal year preceding the fiscal year in which the report is submitted (including incidents involving munitions), a summary description of all such incidents (including the circumstances under which the incidents occurred), and the lessons learned by the Department of Defense from such incidents.
(9) A summary description of the cases determined by the Secretary of Defense to be cases of major thefts of Department of Defense supplies during the fiscal year preceding the fiscal year in which the report is submitted, including any case involving a loss in an amount greater than $1,000,000 or a loss of sensitive or classified items.
(10) The value, and an analysis, of in-transit losses that occurred during the fiscal year preceding the fiscal year in which the report is submitted.
(Added
Amendments
1992—Subsec. (a).
Subsec. (b)(9), (10).
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Defense Supply Management Studies and Modernization Plan
Section 341 of
Report Exception
Section 342(b) 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)
§2892. Miscellaneous procedures
(a) The Secretary of Defense shall require an investigation of each discrepancy in an accounting for supplies of the Department of Defense involving an amount exceeding the amount determined under procedures prescribed by the Secretary. The Secretary shall prescribe procedures that provide for random investigation of physical inventory discrepancies, regardless of the value of the property involved in the discrepancy.
(b) The Secretary shall, to the extent feasible, require that the job function of supply ordering and the job function of supply receiving be performed by different offices and individuals.
(c) The Secretary shall ensure—
(1) that the employees of the Department of Defense and members of the armed forces assigned to manage Department of Defense supplies are skilled in the management of such supplies; and
(2) that no employee of the Department of Defense and no member of the armed forces is assigned to perform such function for disciplinary reasons.
(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 thirteen members as follows:
(1) The Director of Defense Research and Engineering.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Assistant Secretary of the Air Force responsible for matters relating to space.
(4) The Deputy Under Secretary of Defense responsible for environmental security.
(5) The Assistant Secretary of Energy for Defense programs.
(6) The Assistant Secretary of Energy responsible for environmental restoration and waste management.
(7) The Director of the Department of Energy Office of Energy Research.
(8) The Administrator of the Environmental Protection Agency.
(9) One representative from each of the Army, Navy, Air Force, and Coast Guard, who shall be nonvoting members.
(10) 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 five-year strategic environmental research and development plan that shall cover the fiscal year in which the plan is prepared and the four fiscal years following such 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 Federal Coordinating Council on Science, Engineering, and Technology, 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, particularly technologies that have the potential for industrial, commercial, and other governmental applications, and to support programs of research in and development of such applications;
(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)(1) To assist the Council in preparing the five-year strategic environmental research and development plan under subsection (d)(3), the Secretary of Defense and the Secretary of Energy may each submit to the Council a proposal for conducting environmental research under this chapter. The Secretary of each department shall ensure that the environmental research proposal of the department includes—
(A) short- and long-term, cooperative, basic, and applied research systems engineering and development programs in environmental research;
(B) short- and long-term, basic research in environmental restoration at the respective laboratories of each department; and
(C) participation by industry and institutions of higher education.
(2) The Secretary of each department shall ensure that, in the development of its environmental research proposal, consideration is given to—
(A) the need for increased research in basic science, including basic materials, physics, molecular structures, chemistry, and biology related to environmental research at that department's defense operations, production, research, and maintenance facilities; and
(B) ways to identify and conduct research and development on technologies for environmental restoration, remediation and waste cleanup activities, waste minimization, and hazardous and toxic materials substitution potential in defense production and maintenance activities.
(3) The Secretary of each department shall transmit the proposal to the Council not later than July 1 of each year.
(g) 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).
(h)(1) Not later than February 1 of each year, the Council shall submit to the Secretary of Defense an annual report on the annual five-year strategic environmental research and development plan prepared pursuant to subsection (d)(3).
(2) The report shall contain the following:
(A) A description of the actions to be taken during the five-year period covered by the plan in order to prevent duplication of research and development activities referred to in the policies and procedures prescribed pursuant to subsection (d)(1).
(B) A description of the involvement with Federal interagency coordinating entities such as the Federal Coordinating Council on Science, Engineering, and Technology.
(C) A description of each project selected or recommended by the Council for support and funding, including the duration of, and the total estimated or (if known) actual cost of—
(i) each such project supported during the fiscal year in which the plan is submitted and the preceding fiscal year; and
(ii) each such project proposed for funding during the fiscal year in which the annual report is submitted and the following four fiscal years.
(D) The amounts requested, in the budget submitted to Congress pursuant to
(E) The amount requested in such budget for each Federal laboratory, including each Department of Defense and Department of Energy laboratory.
(F) The amount made available, for the fiscal year in which the annual report is submitted, to each Federal laboratory, including each Department of Defense and Department of Energy laboratory.
(G) A description of any changes in military specifications recommended by the Council, actions to be taken to effectuate any such recommended changes on an expedited basis, and the projected date for each such change.
(H) A description of all contracts, agreements, or other documents for cooperative research and development activities entered into pursuant to the Stevenson-Wydler Technology Innovation Act of 1980 (
(I) Plans for transferring technology and information to other governmental agencies and to nongovernmental organizations involved in environmental research and related matters.
(J) A description of plans to increase access to data described in subsection (e)(1).
(K) Such additional recommendations or proposals, including proposals for legislation, relating to the Strategic Environmental Research and Development Program as the Council considers appropriate.
(3) The Council shall make a draft of the five-year strategic environmental research and development plan covered by each report available for public comment for a period of at least 30 days.
(4) Not later than March 15 of each year the Secretary of Defense and the Secretary of Energy shall transmit the annual report to the Congress. The Secretary of Defense and the Secretary of Energy may submit such comments on the annual report as each Secretary considers appropriate.
(Added
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsecs. (e)(7) and (h)(2)(H), is
Amendments
1993—Subsec. (b)(1) to (4).
Subsec. (b)(6).
1992—Subsec. (b)(9).
1991—Subsec. (b).
Subsec. (b)(9), (10).
Subsec. (f)(2)(A).
First Annual Report of Strategic Environmental Research and Development Program Council
Section 1801(c) of
"(1) The first annual report required by
"(2) The Strategic Environmental Research and Development Program Council shall conduct and include as part of the first annual report required pursuant to
"(3) The Secretary of Defense, the Secretary of Energy, and the Administrator of the Environmental Protection Agency shall submit to the Congress, with the annual report referred to in paragraph (1), any recommendations for changes in the structure or personnel of the Council that the Secretaries and the Administrator consider necessary to carry out the environmental activities of the strategic environmental research and development program."
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 or other agreements in accordance with applicable law, except that 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
1993—Subsec. (d)(2).
1991—Subsec. (d)(2).
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 three 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
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