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10 U.S.C. § 2261 (ARMED FORCES)
§ 2261. Presentation of recognition items for recruitment and retention purposes
(a) Expenditures for Recognition Items.—
Under regulations prescribed by the Secretary of Defense, appropriated funds may be expended—
(1) to procure recognition items of nominal or modest value for recruitment or retention purposes; and
(2) to present such items—
(A) to members of the armed forces; and
(B) to members of the families of members of the armed forces, and other individuals, recognized as providing support that substantially facilitates service in the armed forces.
(b) Provision of Meals and Refreshments.—
For purposes of section 520c of this title and any regulation prescribed to implement that section, functions conducted for the purpose of presenting recognition items described in subsection (a) shall be treated as recruiting functions, and recipients of such items shall be treated as persons who are the objects of recruiting efforts.
(c) Recognition Items of Nominal or Modest Value.—
In this section, the term “recognition item of nominal or modest value” means a commemorative coin, medal, trophy, badge, flag, poster, painting, or other similar item that is valued at less than $50 per item and is designed to recognize or commemorate service in the armed forces.
(Added Pub. L. 109–163, div. A, title V, § 589(a)(1), Jan. 6, 2006, 119 Stat. 3279; amended Pub. L. 109–364, div. A, title V, § 594, Oct. 17, 2006, 120 Stat. 2235.)
heading: Amendments
text: 2006—Subsec. (d). Pub. L. 109–364 struck out heading and text of subsec. (d). Text read as follows: “The authority under this section shall expire December 31, 2007.”
10 U.S.C. § 2262 (ARMED FORCES)
§ 2262. Department of Defense conferences: collection of fees to cover Department of Defense costs
(a) Authority to Collect Fees.—
(1) The Secretary of Defense may collect fees from any individual or commercial participant in a conference, seminar, exhibition, symposium, or similar meeting conducted by the Department of Defense (in this section referred to collectively as a “conference”).
(2) The Secretary may provide for the collection of fees under this section directly or by contract. The fees may be collected in advance of a conference.
(b) Use of Collected Fees.—
Amounts collected under subsection (a) with respect to a conference shall be credited to the appropriation or account from which the costs of the conference are paid and shall be available to pay the costs of the Department of Defense with respect to the conference or to reimburse the Department for costs incurred with respect to the conference.
(c) Treatment of Excess Amounts.—
In the event the total amount of fees collected under subsection (a) with respect to a conference exceeds the actual costs of the Department of Defense with respect to the conference, the amount of such excess shall be deposited into the Treasury as miscellaneous receipts.
(d) Annual Reports.—
(1) Not later than 45 days after the President submits to Congress the budget for a fiscal year under section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a budget justification document summarizing the use of the fee-collection authority provided by this section.
(2) Each report shall include the following:
(A) A list of all conferences conducted during the preceding two calendar years for which fees were collected under this section.
(B) For each conference included on the list under subparagraph (A):
(i) The estimated costs of the Department for the conference.
(ii) The actual costs of the Department for the conference, including a separate statement of the amount of any conference coordinator fees associated with the conference.
(iii) The amount of fees collected under this section for the conference.
(C) An estimate of the number of conferences to be conducted during the calendar year in which the report is submitted for which the Department will collect fees under this section.
(Added Pub. L. 109–364, div. A, title X, § 1051(a), Oct. 17, 2006, 120 Stat. 2395.)
10 U.S.C. § 2263 (ARMED FORCES)
§ 2263. United States contributions to the North Atlantic Treaty Organization common-funded budgets
(a) In General.—
The total amount contributed by the Secretary of Defense in any fiscal year for the common-funded budgets of NATO may be an amount in excess of the maximum amount that would otherwise be applicable to those contributions in such fiscal year under the fiscal year 1998 baseline limitation.
(b) Reports.—
(1) Not later than October 30 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the contributions made by the Secretary to the common-funded budgets of NATO in the preceding fiscal year.
(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
(A) The amounts contributed by the Secretary to each of the separate budgets and programs of the North Atlantic Treaty Organization under the common-funded budgets of NATO.
(B) For each budget and program to which the Secretary made such a contribution, the percentage of such budget or program during the fiscal year that such contribution represented.
(c) Definitions.—
In this section:
(1) Common-funded budgets of nato.—
The term “common-funded budgets of NATO” means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).
(2) Fiscal year 1998 baseline limitation.—
The term “fiscal year 1998 baseline limitation” means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.
(Added Pub. L. 110–417, [div. A], title X, § 1004(a)(1), Oct. 14, 2008, 122 Stat. 4582.)
heading: References in Text
text: The resolution of ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic approved by the Senate on April 30, 1998, referred to in subsec. (c)(2), was adopted in the 105th Congress and is not classified to the Code. See Cong. Rec., vol. 144, pt. 5, p. 7555, Apr. 30, 1998.
heading: Effective Date
text: Pub. L. 110–417, [div. A], title X, § 1004(b), Oct. 14, 2008, 122 Stat. 4583, provided that: “The amendments made by this section [enacting this section] shall take effect on October 1, 2008, and shall apply to fiscal years that begin on or after that date.”
10 U.S.C. § 2273 (ARMED FORCES)
§ 2273. Policy regarding assured access to space: national security payloads
(a) Policy.—
It is the policy of the United States for the President to undertake actions appropriate to ensure, to the maximum extent practicable, that the United States has the capabilities necessary to launch and insert United States national security payloads into space whenever such payloads are needed in space.
(b) Included Actions.—
The appropriate actions referred to in subsection (a) shall include, at a minimum, providing resources and policy guidance to sustain—
(1) the availability of at least two space launch vehicles (or families of space launch vehicles) capable of delivering into space any payload designated by the Secretary of Defense or the Director of National Intelligence as a national security payload; and
(2) a robust space launch infrastructure and industrial base.
(c) Coordination.—
The Secretary of Defense shall, to the maximum extent practicable, pursue the attainment of the capabilities described in subsection (a) in coordination with the Administrator of the National Aeronautics and Space Administration.
(Added Pub. L. 108–136, div. A, title IX, § 912(a)(1), Nov. 24, 2003, 117 Stat. 1565; Pub. L. 110–181, div. A, title IX, § 931(a)(12), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, § 932(a)(11), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, § 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475.)
heading: Prior Provisions
text: A prior section 2273, acts Aug. 10, 1956, ch. 1041, 70A Stat. 125; Apr. 2, 1982, Pub. L. 97–164, title I, § 160(a)(4), 96 Stat. 48; Oct. 29, 1992, Pub. L. 102–572, title IX, § 902(b)(1), 106 Stat. 4516, related to right of United States to designs, rights of designers to patents, and rights to sue United States, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704.
heading: Amendments
text: 2009—Subsec. (b)(1). Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(11). See 2008 Amendment note below.
2008—Subsec. (b)(1). Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(11), amended par. (1) identically, substituting “Director of National Intelligence” for “Director of Central Intelligence”. Pub. L. 110–417, § 932(a)(11), was repealed by Pub. L. 111–84.
heading: Effective Date of 2009 Amendment
text: Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.
10 U.S.C. § 2277 (ARMED FORCES)
§ 2277. Report on foreign counter-space programs
(a) Report Required.—
Not later than January 1 of each year, the Secretary of Defense and the Director of National Intelligence shall jointly submit to Congress a report on the counter-space programs of foreign countries.
(b) Contents.—
Each report required under subsection (a) shall include—
(1) an explanation of whether any foreign country has a counter-space program that could be a threat to the national security or commercial space systems of the United States; and
(2) the name of each country with a counter-space program described in paragraph (1).
(c) Form.—
(1) In general.—
Except as provided in paragraphs (2) and (3), each report required under subsection (a) shall be submitted in unclassified form.
(2) Classified annex.—
The Secretary of Defense and the Director of National Intelligence may submit to the covered congressional committees a classified annex to a report required under subsection (a) containing any classified information required to be submitted for such report.
(3) Foreign country names.—
(A) Unclassified form.—
Subject to subparagraph (B), each report required under subsection (a) shall include the information required under subsection (b)(2) in unclassified form.
(B) National security waiver.—
The Secretary of Defense and the Director of National Intelligence may waive the requirement under subparagraph (A) if the Secretary and the Director of National Intelligence jointly determine it is in the interests of national security to waive such requirement and submits to Congress an explanation of why the Secretary and the Director waived such requirement.
(d) Covered Congressional Committees Defined.—
In this section, the term “covered congressional committees” means the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(Added Pub. L. 112–239, div. A, title IX, § 913(c)(1), Jan. 2, 2013, 126 Stat. 1875.)
heading: Prior Provisions
text: Prior sections 2277 to 2279 were repealed by Pub. L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704.
Section 2277, act Aug. 10, 1956, ch. 1041, 70A Stat. 127, related to availability of appropriations.
Section 2278, act Aug. 10, 1956, ch. 1041, 70A Stat. 127, related to purchases of sample aircraft.
Section 2279, act Aug. 10, 1956, ch. 1041, 70A Stat. 127, related to restrictions on alien employees of contractors as to access to plans and specifications.
10 U.S.C. § 2282 (ARMED FORCES)
[§ 2282. Repealed. Pub. L. 112–81, div. A, title X, § 1061(13)(A), Dec. 31, 2011, 125 Stat. 1583]
text: Section, added Pub. L. 106–398, § 1 [[div. A], title I, § 131(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–28; amended Pub. L. 108–136, div. A, title X, § 1031(a)(14), Nov. 24, 2003, 117 Stat. 1597, related to annual report on the B–2 bomber aircraft.
10 U.S.C. § 2301 (ARMED FORCES)
[§ 2301. Repealed. Pub. L. 103–355, title I, § 1501(a), Oct. 13, 1994, 108 Stat. 3296]
text: Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 127; Dec. 1, 1981, Pub. L. 97–86, title IX, § 909(a), 95 Stat. 1118; July 18, 1984, Pub. L. 98–369, div. B, title VII, § 2721, 98 Stat. 1185; Oct. 18, 1986, Pub. L. 99–500, § 101(c) [title X, § 925(a)], 100 Stat. 1783–82, 1783–153, and Oct. 30, 1986, Pub. L. 99–591, § 101(c) [title X, § 925(a)], 100 Stat. 3341–82, 3341–153; Nov. 14, 1986, Pub. L. 99–661, div. A, title IX, formerly title IV, § 925(a), 100 Stat. 3933, renumbered title IX, Apr. 21, 1987, Pub. L. 100–26, § 3(5), 101 Stat. 273; Oct. 23, 1992, Pub. L. 102–484, div. A, title VIII, § 808(a), 106 Stat. 2449, related to Congressional defense procurement policy.
heading: Effective Date of Repeal
text: For effective date and applicability of repeal, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 2302 of this title.
10 U.S.C. § 2302a (ARMED FORCES)
§ 2302a. Simplified acquisition threshold
(a) Simplified Acquisition Threshold.—
For purposes of acquisitions by agencies named in section 2303 of this title, the simplified acquisition threshold is as specified in section 134 of title 41.
(b) Inapplicable Laws.—
No law properly listed in the Federal Acquisition Regulation pursuant to section 1905 of title 41 shall apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold.
(Added and amended Pub. L. 103–355, title IV, §§ 4002(a), 4102(a), Oct. 13, 1994, 108 Stat. 3338, 3340; Pub. L. 111–350, § 5(b)(9), Jan. 4, 2011, 124 Stat. 3843.)
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 111–350, § 5(b)(9)(A), substituted “section 134 of title 41” for “section 4(11) of the Office of Federal Procurement Policy Act”.
Subsec. (b). Pub. L. 111–350, § 5(b)(9)(B), substituted “section 1905 of title 41” for “section 33 of the Office of Federal Procurement Policy Act”.
1994—Subsec. (b). Pub. L. 103–355, § 4102(a), added subsec. (b).
heading: Effective Date
text: For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 2302 of this title.
10 U.S.C. § 2302b (ARMED FORCES)
§ 2302b. Implementation of simplified acquisition procedures
The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 1901 of title 41 shall apply as provided in such section to the agencies named in section 2303(a) of this title.
(Added Pub. L. 103–355, title IV, § 4203(a)(1), Oct. 13, 1994, 108 Stat. 3345; amended Pub. L. 111–350, § 5(b)(10), Jan. 4, 2011, 124 Stat. 3843.)
heading: Amendments
text: 2011—Pub. L. 111–350 substituted “section 1901 of title 41” for “section 31 of the Office of Federal Procurement Policy Act”.
heading: Effective Date
text: For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 2302 of this title.
10 U.S.C. § 2302d (ARMED FORCES)
§ 2302d. Major system: definitional threshold amounts
(a) Department of Defense Systems.—
For purposes of section 2302(5) of this title, a system for which the Department of Defense is responsible shall be considered a major system if—
(1) the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $115,000,000 (based on fiscal year 1990 constant dollars); or
(2) the eventual total expenditure for procurement for the system is estimated to be more than $540,000,000 (based on fiscal year 1990 constant dollars).
(b) Civilian Agency Systems.—
For purposes of section 2302(5) of this title, a system for which a civilian agency is responsible shall be considered a major system if total expenditures for the system are estimated to exceed the greater of—
(1) $750,000 (based on fiscal year 1980 constant dollars); or
(2) the dollar threshold for a “major system” established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled “Major Systems Acquisitions”.
(c) Adjustment Authority.—
(1) The Secretary of Defense may adjust the amounts and the base fiscal year provided in subsection (a) on the basis of Department of Defense escalation rates.
(2) An amount, as adjusted under paragraph (1), that is not evenly divisible by $5,000,000 shall be rounded to the nearest multiple of $5,000,000. In the case of an amount that is evenly divisible by $2,500,000 but not evenly divisible by $5,000,000, the amount shall be rounded to the next higher multiple of $5,000,000.
(3) An adjustment under this subsection shall be effective after the Secretary transmits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of the adjustment.
(Added Pub. L. 104–201, div. A, title VIII, § 805(a)(2), Sept. 23, 1996, 110 Stat. 2605; amended Pub. L. 105–85, div. A, title X, § 1073(a)(41), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774.)
heading: Amendments
text: 1999—Subsec. (c)(3). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1997—Subsec. (a)(2). Pub. L. 105–85 substituted “procurement for the system is estimated to be” for “procurement of”.
10 U.S.C. § 2303a (ARMED FORCES)
[§ 2303a. Repealed. Pub. L. 98–577, title III, § 302(c)(1), Oct. 30, 1984, 98 Stat. 3077]
text: Section, Pub. L. 98–525, title XII, § 1212(a), Oct. 19, 1984, 98 Stat. 2590, related to publication of proposed regulations.
text: Section, pursuant to section 1212(b) of Pub. L. 98–525, was to have taken effect with respect to procurement policies, regulations, procedures, or forms first proposed to be issued by an agency on or after the date which was 30 days after the date of enactment of Pub. L. 98–525. Pub. L. 98–525 was approved Oct. 19, 1984. However, before that effective date, the section was repealed by Pub. L. 98–577.
10 U.S.C. § 2304d (ARMED FORCES)
§ 2304d. Task and delivery order contracts: definitions
In sections 2304a, 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 Pub. L. 103–355, title I, § 1004(a)(1), Oct. 13, 1994, 108 Stat. 3253.)
heading: Effective Date
text: For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 2302 of this title.
heading: Provisions Not Affected by Pub. L. 103–355
text: This section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former 40 U.S.C. 759 or chapter 11 of Title 40, Public Buildings, Property, and Works, see section 1004(d) of Pub. L. 103–355, set out as a note under section 2304a of this title.
10 U.S.C. § 2304e (ARMED FORCES)
§ 2304e. Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities
(a) Exclusion.—
In any case in which the Secretary of Defense plans to use competitive procedures for a procurement, if the procurement is to be conducted as described in subsection (b), then the Secretary shall exclude the Department of Defense from competing in the procurement.
(b) Procurement Description.—
The requirement to exclude the Department of Defense under subsection (a) applies in the case of a procurement to be conducted by excluding from competition entities in the private sector other than—
(1) small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644); or
(2) entities described in subsection (a)(1) of section 2323 of this title in furtherance of the goal specified in that subsection.
(Added Pub. L. 103–160, div. A, title VIII, § 848(a)(1), Nov. 30, 1993, 107 Stat. 1724, § 2304a; renumbered § 2304e, Pub. L. 104–106, div. D, title XLIII, § 4321(b)(6)(A), Feb. 10, 1996, 110 Stat. 672.)
heading: Amendments
text: 1996—Pub. L. 104–106 renumbered section 2304a of this title as this section.
heading: Effective Date
text: Pub. L. 103–160, div. A, title VIII, § 848(b), Nov. 30, 1993, 107 Stat. 1725, provided that: “Section 2304a [now 2304e] of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Nov. 30, 1993].”
10 U.S.C. § 2309 (ARMED FORCES)
§ 2309. Allocation of appropriations
(a) Appropriations available for procurement by an agency named in section 2303 of this title may, through administrative allotment, be made available for obligation for procurement by any other agency in amounts authorized by the head of the allotting agency and without transfer of funds on the books of the Department of the Treasury.
(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, 70A Stat. 132; Pub. L. 97–258, § 2(b)(1)(B), Sept. 13, 1982, 96 Stat. 1052.)
text: Historical and Revision Notes
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), 62 Stat. 25.
In subsection (a), the words “an agency named in section 2303 of this title” are substituted for the words “any such agency”.
In subsection (b), the words “an allotment under subsection (a)” are substituted for the words “such allotments”.
heading: Amendments
text: 1982—Subsec. (b). Pub. L. 97–258 substituted “disbursing official” for “disbursing officer”.
10 U.S.C. § 2312 (ARMED FORCES)
§ 2312. Remission of liquidated damages
Upon the recommendation of the head of an agency, the Secretary of the Treasury may remit all or part, as he considers just and equitable, of any liquidated damages assessed for delay in performing a contract, made by that agency, that provides for such damages.
(Aug. 10, 1956, ch. 1041, 70A Stat. 132; Pub. L. 104–316, title II, § 202(c), Oct. 19, 1996, 110 Stat. 3842.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2312
41:155.
Feb. 19, 1948, ch. 65, § 6, 62 Stat. 24.
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”.
heading: Amendments
text: 1996—Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General”.